Bill Text: IL HB3040 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Administrative Procedure Act. Exempts the Illinois State Guard from the definition of "agency". Amends the State Employee Indemnification Act. Expands the definition of "State" and "employee" to include the Illinois State Guard and its members. Amends the Military Code of Illinois. Provides that, in the event of the death or disability of the Adjutant General or any other occurrence that creates a vacancy in the office, the Commander-in-Chief shall designate either the Assistant Adjutant General for Army or the Assistant Adjutant General for Air as the acting Adjutant General until an Adjutant General is appointed. Amends the Illinois Code of Military Justice. Provides that no person may be brought to trial by court-martial if that person is presently suffering from a mental disease or defect rendering that person mentally incompetent. Provides that a determination on the accused person's capacity to stand trial shall be made in accordance with specified rules described in the Manual for Courts-Martial, United States (2012 Edition). Contains provisions concerning inquiries into a person's mental responsibility and mental health. Amends the State Guard Act. Changes the short title of the Act to the Illinois State Guard Act. Repeals the substantive provisions of the Act. Establishes the Illinois State Guard as the State's non-federally recognized military force composed of members of the Unorganized Militia who are 18 through 45 years of age and other persons as determined necessary by the Governor. Contains provision concerning: the activation and organization of the State Guard; personnel, pay, and allowances; equipping and uniforms; and other matters. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Passed) 2018-08-22 - Public Act . . . . . . . . . 100-1030 [HB3040 Detail]

Download: Illinois-2017-HB3040-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3040

Introduced , by Rep. David Harris

SYNOPSIS AS INTRODUCED:
See Index

Amends the Illinois Administrative Procedure Act. Exempts the Illinois State Guard from the definition of "agency". Amends the State Employee Indemnification Act. Expands the definition of "State" and "employee" to include the Illinois State Guard and its members. Amends the Military Code of Illinois. Provides that, in the event of the death or disability of the Adjutant General or any other occurrence that creates a vacancy in the office, the Commander-in-Chief shall designate either the Assistant Adjutant General for Army or the Assistant Adjutant General for Air as the acting Adjutant General until an Adjutant General is appointed. Amends the Illinois Code of Military Justice. Provides that no person may be brought to trial by court-martial if that person is presently suffering from a mental disease or defect rendering that person mentally incompetent. Provides that a determination on the accused person's capacity to stand trial shall be made in accordance with specified rules described in the Manual for Courts-Martial, United States (2012 Edition). Contains provisions concerning inquiries into a person's mental responsibility and mental health. Amends the State Guard Act. Changes the short title of the Act to the Illinois State Guard Act. Repeals the substantive provisions of the Act. Establishes the Illinois State Guard as the State's non-federally recognized military force composed of members of the Unorganized Militia who are 18 through 45 years of age and other persons as determined necessary by the Governor. Contains provision concerning: the activation and organization of the State Guard; personnel, pay, and allowances; equipping and uniforms; and other matters. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning military affairs.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. The Illinois Administrative Procedure Act is
5amended by changing Section 1-20 as follows:
6 (5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
7 Sec. 1-20. "Agency" means each officer, board, commission,
8and agency created by the Constitution, whether in the
9executive, legislative, or judicial branch of State
10government, but other than the circuit court; each officer,
11department, board, commission, agency, institution, authority,
12university, and body politic and corporate of the State; each
13administrative unit or corporate outgrowth of the State
14government that is created by or pursuant to statute, other
15than units of local government and their officers, school
16districts, and boards of election commissioners; and each
17administrative unit or corporate outgrowth of the above and as
18may be created by executive order of the Governor. "Agency",
19however, does not include the following:
20 (1) The House of Representatives and Senate and their
21 respective standing and service committees, including
22 without limitation the Board of the Office of the Architect
23 of the Capitol and the Architect of the Capitol established

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1 under the Legislative Commission Reorganization Act of
2 1984.
3 (2) The Governor.
4 (3) The justices and judges of the Supreme and
5 Appellate Courts.
6 (4) The Legislative Ethics Commission.
7 (5) The Illinois State Guard with respect to
8 regulations adopted under the Illinois State Guard Act.
9(Source: P.A. 95-331, eff. 8-21-07.)
10 Section 3. The State Employee Indemnification Act is
11amended by changing Section 1 as follows:
12 (5 ILCS 350/1) (from Ch. 127, par. 1301)
13 Sec. 1. Definitions. For the purpose of this Act:
14 (a) The term "State" means the State of Illinois, the
15General Assembly, the court, or any State office, department,
16division, bureau, board, commission, or committee, the
17governing boards of the public institutions of higher education
18created by the State, the Illinois National Guard, the Illinois
19State Guard, the Comprehensive Health Insurance Board, any
20poison control center designated under the Poison Control
21System Act that receives State funding, or any other agency or
22instrumentality of the State. It does not mean any local public
23entity as that term is defined in Section 1-206 of the Local
24Governmental and Governmental Employees Tort Immunity Act or a

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1pension fund.
2 (b) The term "employee" means: any present or former
3elected or appointed officer, trustee or employee of the State,
4or of a pension fund; any present or former commissioner or
5employee of the Executive Ethics Commission or of the
6Legislative Ethics Commission; any present or former
7Executive, Legislative, or Auditor General's Inspector
8General; any present or former employee of an Office of an
9Executive, Legislative, or Auditor General's Inspector
10General; any present or former member of the Illinois National
11Guard while on active duty; any present or former member of the
12Illinois State Guard while on State active duty; individuals or
13organizations who contract with the Department of Corrections,
14the Department of Juvenile Justice, the Comprehensive Health
15Insurance Board, or the Department of Veterans' Affairs to
16provide services; individuals or organizations who contract
17with the Department of Human Services (as successor to the
18Department of Mental Health and Developmental Disabilities) to
19provide services including but not limited to treatment and
20other services for sexually violent persons; individuals or
21organizations who contract with the Department of Military
22Affairs for youth programs; individuals or organizations who
23contract to perform carnival and amusement ride safety
24inspections for the Department of Labor; individuals who
25contract with the Office of the State's Attorneys Appellate
26Prosecutor to provide legal services, but only when performing

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1duties within the scope of the Office's prosecutorial
2activities; individual representatives of or designated
3organizations authorized to represent the Office of State
4Long-Term Ombudsman for the Department on Aging; individual
5representatives of or organizations designated by the
6Department on Aging in the performance of their duties as adult
7protective services agencies or regional administrative
8agencies under the Adult Protective Services Act; individuals
9or organizations appointed as members of a review team or the
10Advisory Council under the Adult Protective Services Act;
11individuals or organizations who perform volunteer services
12for the State where such volunteer relationship is reduced to
13writing; individuals who serve on any public entity (whether
14created by law or administrative action) described in paragraph
15(a) of this Section; individuals or not for profit
16organizations who, either as volunteers, where such volunteer
17relationship is reduced to writing, or pursuant to contract,
18furnish professional advice or consultation to any agency or
19instrumentality of the State; individuals who serve as foster
20parents for the Department of Children and Family Services when
21caring for a Department ward; individuals who serve as members
22of an independent team of experts under Brian's Law; and
23individuals who serve as arbitrators pursuant to Part 10A of
24Article II of the Code of Civil Procedure and the rules of the
25Supreme Court implementing Part 10A, each as now or hereafter
26amended; the term "employee" does not mean an independent

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1contractor except as provided in this Section. The term
2includes an individual appointed as an inspector by the
3Director of State Police when performing duties within the
4scope of the activities of a Metropolitan Enforcement Group or
5a law enforcement organization established under the
6Intergovernmental Cooperation Act. An individual who renders
7professional advice and consultation to the State through an
8organization which qualifies as an "employee" under the Act is
9also an employee. The term includes the estate or personal
10representative of an employee.
11 (c) The term "pension fund" means a retirement system or
12pension fund created under the Illinois Pension Code.
13(Source: P.A. 98-49, eff. 7-1-13; 98-83, eff. 7-15-13; 98-732,
14eff. 7-16-14; 98-756, eff. 7-16-14.)
15 Section 5. The Military Code of Illinois is amended by
16changing Section 21 as follows:
17 (20 ILCS 1805/21) (from Ch. 129, par. 220.21)
18 Sec. 21. The Assistant Adjutant General for Army shall be
19the chief administrative assistant to The Adjutant General for
20Army matters and the Assistant Adjutant General for Air shall
21be the chief administrative assistant to The Adjutant General
22for Air matters and both shall perform such duties as may be
23directed by The Adjutant General. In the event of the death or
24disability of The Adjutant General or any other occurrence that

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1creates a vacancy in the office, his absence from the State,
2the Commander-in-Chief shall designate either the Assistant
3Adjutant General for Army or the Assistant Adjutant General for
4Air as the Acting Adjutant General to perform the duties of the
5office until an Adjutant General is appointed of The Adjutant
6General.
7(Source: P.A. 80-176.)
8 Section 10. The Illinois Code of Military Justice is
9amended by adding Section 76b as follows:
10 (20 ILCS 1807/76b new)
11 Sec. 76b. Article 76b. Lack of mental capacity or mental
12responsibility; commitment of accused for examination and
13treatment.
14 (a) Persons incompetent to stand trial.
15 (1)(A) In general, no person may be brought to trial by
16 court-martial if that person is presently suffering from a
17 mental disease or defect rendering that person mentally
18 incompetent to the extent that he or she is unable to
19 understand the nature of the proceedings against them or to
20 conduct or cooperate intelligently in the defense of the
21 case.
22 (B) A person is presumed to have the capacity to stand
23 trial unless the contrary is established.
24 (C) Determination of capacity of an accused to stand

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1 trial shall be made in accordance with Rule 909 (c), (d),
2 and (e) of the Rules for Courts-Martial as described in the
3 Manual for Courts-Martial, United States (2012 Edition),
4 or as provided in any subsequent rule adopted in accordance
5 with applicable law and regulation by the President of the
6 United States, except that references in those rules to
7 "the Attorney General" mean the Department of Human
8 Services.
9 (2) An inquiry into the mental capacity or mental
10 responsibility of the accused shall be conducted as
11 provided in Rule 706 of the Rules for Courts-Martial as
12 described in the Manual for Courts-Martial, United States
13 (2012 Edition), or as provided in any subsequent rule
14 adopted in accordance with applicable law and regulation by
15 the President of the United States.
16 If the accused's incapacity is mental, the convening
17 authority may order him or her to be placed for treatment
18 in the custody of the Department of Human Services or the
19 convening authority may order him or her to be placed in
20 the custody of any other appropriate public or private
21 mental health facility or treatment program which has
22 agreed to provide treatment to the accused. If the accused
23 is placed in the custody of the Department of Human
24 Services, the accused may be placed in a secure setting.
25 During the period of time required to determine the
26 appropriate placement, the accused shall remain confined.

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1 If, upon the completion of the placement process, the
2 Department of Human Services determines that the accused is
3 currently fit to stand trial, the Department shall
4 immediately notify the convening authority and shall
5 submit a written report within 7 days. In that
6 circumstance, the placement shall be held pending a court
7 hearing on the Department's report. Otherwise, upon
8 completion of the placement process, the sheriff shall be
9 notified and shall transport the accused to the designated
10 facility. The placement may be ordered on either an
11 inpatient or an outpatient basis.
12 In addition to other matters, the inquiry shall
13 determine whether there is a substantial probability that
14 the accused will attain mental responsibility to stand
15 trial within one year if he or she is provided with a
16 course of treatment.
17 (A) In the case of a general court-martial, if the
18 official responsible for determining capacity to stand
19 trial finds that there is not a substantial probability
20 that the accused will attain mental responsibility
21 within one year if he or she is provided with a course
22 of treatment, the case shall proceed as provided in
23 Section 104-23 of the Code of Criminal Procedure of
24 1963. In a special court-martial, the case shall
25 proceed after the expiration of the maximum period of
26 confinement authorized for the offense or offenses

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1 charged.
2 (B) If the official responsible for determining
3 capacity to stand trial finds that there is a
4 probability that the accused will attain mental
5 responsibility within one year if he or she is provided
6 with a course of treatment, or if the official is
7 unable to determine whether a substantial probability
8 exists, the accused shall be ordered to undergo
9 treatment for the purpose of rendering him or her fit
10 in accordance with subsections (b) or (c) of Section
11 104-17 of the Code of Criminal Procedure of 1963.
12 (1) Any references to "the court" in Sections
13 104-23 and 104-17 of the Code of Criminal Procedure
14 of 1963 mean the general court-martial convening
15 authority.
16 (2) The general court-martial convening
17 authority shall, as necessary, transmit the
18 information as provided in subsection (d) of
19 Section 104-17 of the Code of Criminal Procedure of
20 1963.
21 (b) Persons found not guilty by reason of lack of mental
22responsibility.
23 (1) The accused is presumed to have been mentally
24 responsible at the time of the alleged offense. This
25 presumption continues until the accused establishes, by
26 clear and convincing evidence, that he or she was not

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1 mentally responsible at the time of the alleged offense. A
2 mental condition not amounting to a lack of mental
3 responsibility under Article 50a of this Code is not an
4 affirmative defense.
5 (2) If a question is raised concerning the mental
6 responsibility of the accused, the military judge shall
7 rule whether to direct an inquiry under Rule 706 of the
8 Rules for Court-Martial as described in the Manual for
9 Courts-Martial, United States (2012 Edition), or under any
10 subsequent rule adopted in accordance with applicable law
11 and regulation by the President of the United States. The
12 issue of mental responsibility shall not be considered an
13 interlocutory question.
14 (3) If a person is found not guilty only by reason of
15 lack of mental responsibility, the case shall proceed in
16 accordance with State law pertaining to persons acquitted
17 by reason of insanity as provided in Section 5-2-4 of the
18 Unified Code of Corrections. References within that
19 Section to "the court" or "clerk of the court" mean the
20 general court-martial convening authority.
21 (4) After a finding or verdict of not guilty only by
22 reason of lack of mental responsibility, the accused shall
23 be ordered to the Department of Human Services for an
24 evaluation as to whether he or she is in need of mental
25 health services. The order shall specify whether the
26 evaluation shall be conducted on an inpatient or outpatient

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1 basis. If the evaluation is to be conducted on an inpatient
2 basis, the accused shall be placed in a secure setting. A
3 copy of the law enforcement reports, criminal charges,
4 arrest record, jail record, record of trial, and any victim
5 impact statement shall be sent with the order for
6 evaluation. After the evaluation and during the period of
7 time required to determine the appropriate placement, the
8 accused shall remain in confinement. Individualized
9 placement evaluations performed by the Department of Human
10 Services shall be used to determine the most appropriate
11 setting for forensic treatment based upon a number of
12 factors including mental health diagnosis, proximity to
13 surviving victims, security need, age, gender, and
14 proximity to family. Upon completion of the placement
15 process, the sheriff shall be notified and shall transport
16 the accused to the designated facility.
17 Section 15. The State Guard Act is amended by changing and
18renumbering Section 0.01 and by adding Sections 1-1, 1-5, 1-10,
192-5, 3-5, 3-10, 4-5, 4-10, 5-5, 5-10, 5-15, and 6-5 and the
20headings of Part I, Part II, Part III, Part IV, Part V, and
21Part VI as follows:
22 (20 ILCS 1815/Pt. I heading new)
23
PART I
24
GENERAL PROVISIONS

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1 (20 ILCS 1815/0.01) (from Ch. 129, par. 228h)
2 Sec. 1-1 0.01. Short title. This Act may be cited as the
3Illinois State Guard Act.
4(Source: P.A. 86-1324.)
5 (20 ILCS 1815/1-5 new)
6 Sec. 1-5. Establishment and purpose.
7 (a) This Act establishes the Illinois State Guard ("the
8State Guard"). The State Guard is the State's non-federally
9recognized military force which may be composed of members of
10the Unorganized Militia who are 18 through 45 years of age, and
11those persons who are 45 through 65 years of age as determined
12necessary by the Governor.
13 (b) The Governor is the Commander-in-Chief of the State
14Guard. The Adjutant General is the Commander of the State
15Guard. As directed by the Adjutant General, the Department of
16Military Affairs shall administer the State Guard.
17 (c) The purpose of the State Guard is to provide the State
18a capable military force when all or part of the Illinois
19National Guard is not available for State service due to its
20possible or actual mobilization into federal service by the
21President of the United States.
22 (20 ILCS 1815/1-10 new)
23 Sec. 1-10. Activation of the State Guard.

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1 (a) Whenever the Commander-in-Chief determines it
2advisable to maintain the health, safety, and welfare of the
3people, or to ensure domestic tranquility and provide for the
4common defense, he or she may issue a proclamation calling for
5volunteers to serve in the State Guard. Persons who answer the
6call and who are appointed or enlisted in the State Guard shall
7serve in State Active Duty status.
8 (b) The proclamation shall state the number of volunteers
9needed and the period of State Active Duty during which they
10are called to serve. The Commander-in-Chief may terminate or
11extend any such proclamation at any time he or she determines
12appropriate and in the best interests of the State.
13 (c) When mobilized and deployed to support civil
14authorities, the State Guard may be directed by civil
15authorities as to work to be done or the result to be attained,
16but not as to the method to be employed. At all times, State
17Guard units and members shall remain under the command and
18control of the Commander-in-Chief, the Adjutant General, and
19such subordinate commanders as the Adjutant General may
20appoint.
21 (20 ILCS 1815/Pt. II heading new)
22
PART II
23
ORGANIZATION OF THE STATE GUARD
24 (20 ILCS 1815/2-5 new)

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1 Sec. 2-5. Organization.
2 (a) As authorized by the Commander-in-Chief, the Adjutant
3General may by order establish units of the State Army and Air
4Guard that are similar in nature and in general conformity to
5those of the United States Army and Air Force and may assign
6State Guard personnel to each unit. Upon expiration or
7termination of the proclamation issued in accordance with
8Section 1-10 of this Act, the Commander-in-Chief may discharge
9such units and personnel assigned thereto.
10 (b) The State Guard shall consist of 2 components: the
11State Army Guard and the State Air Guard. The Adjutant General
12may appoint the Assistant Adjutant General for Army as the
13Commander of the State Army Guard and the Assistant Adjutant
14General for Air as the Commander of the State Air Guard,
15respectively. The Adjutant General may also appoint such other
16subordinate commanders and staff of the State Guard as he or
17she determines appropriate.
18 (20 ILCS 1815/Pt. III heading new)
19
PART III
20
PERSONNEL AND PAY
21 (20 ILCS 1815/3-5 new)
22 Sec. 3-5. Personnel.
23 (a) The State Guard shall be comprised of commissioned
24officers, warrant officers, and enlisted personnel in grades

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1conforming to those of the United States Army and Air Force.
2The Adjutant General shall establish by regulation the
3qualifications for appointment, enlistment, service, and
4promotion in the State Guard including, but not limited to,
5minimum and maximum age, education, physical condition, and
6personal conduct.
7 (b) The Governor shall appoint all commissioned and warrant
8officers of the State Guard in a manner similar to appointments
9made in the Illinois National Guard. Officers shall take the
10following oath as a condition of appointment: "I do solemnly
11swear (or affirm) that I will bear true allegiance to the
12Constitution of the United States and to the Constitution of
13the State of Illinois, and to the laws thereof, and that I will
14faithfully obey the orders of the Commander-in-Chief and the
15officers appointed above me, and the rules and regulations of
16the Illinois State Guard. (So help me God.)" Appointments in
17the State Guard shall be for an indefinite term and subject to
18death, resignation, discharge, retirement, or termination in
19accordance with State law and regulation.
20 (c) Persons accepted for enlistment in the State Guard
21shall, as a condition of enlistment, take the same oath as
22officers. The Adjutant General shall prescribe by regulation
23the form of enlistment contracts. Original terms of enlistment
24shall be limited to 2 years. Re-enlistment terms shall be
25limited to one year.
26 (d) In accordance with regulations prescribed by the

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1Adjutant General, upon an officer's separation from the State
2Guard, the Adjutant General shall characterize the officer's
3service as honorable, general (under honorable conditions), or
4under conditions other than honorable using criteria that are
5in general conformity with those regulations or instructions of
6the United States Army and Air Force that are applicable to the
7National Guard, unless the officer was separated with a
8punitive discharge under the Illinois Code of Military Justice.
9 (e) The Adjutant General may mobilize on State Active Duty
10members of the Illinois National Guard as he or she determines
11necessary to administer, train, or command the State Guard.
12 (20 ILCS 1815/3-10 new)
13 Sec. 3-10. Pay and allowances.
14 (a) The State is responsible for all pay and allowances of
15members of the State Guard.
16 (b) Members of the State Guard serving on State Active Duty
17shall receive the same pay as provided to members of the
18Illinois National Guard of like grade and longevity under
19Sections 48 and 49 of the Military Code of Illinois.
20 (c) Members of the State Guard serving on State Active Duty
21shall be considered State employees for civil liability and
22civil representation purposes to the same degree and extent as
23members of the Illinois National Guard under Section 1 of the
24State Employee Indemnification Act.
25 (d) Members of the State Guard criminally prosecuted by

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1civil authorities of the United States, any State,
2Commonwealth, Territory, or District of the United States,
3including the State of Illinois or any political subdivision
4thereof, shall be entitled to representation and
5indemnification to the same extent as members of the Illinois
6National Guard under Section 90 of the Military Code of
7Illinois.
8 (20 ILCS 1815/Pt. IV heading new)
9
PART IV
10
EQUIPPING AND UNIFORMS
11 (20 ILCS 1815/4-5 new)
12 Sec. 4-5. Equipping.
13 (a) As permitted by federal law and regulation, the State
14Guard may use the federal military property and personnel of
15the Illinois National Guard and shall reimburse the appropriate
16federal authority for such use from State funds.
17 (b) The State Guard may use federal property of the
18Illinois National Guard only to the extent that its members are
19trained to use it properly and safely and, if necessary, under
20the training and supervision of members of the Illinois
21National Guard detailed by the Adjutant General.
22 (c) In accordance with the Illinois Procurement Code, the
23State may, at its expense and subject to the availability of
24State funds, procure and provide such other materials, as

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1needed, for the State Guard.
2 (d) State Guard commanders shall be held responsible and
3accountable for all military property issued to them in a
4manner similar to that enforced against commanders of the
5Illinois National Guard under property accountability
6regulations or instructions of the United States Army and Air
7Force.
8 (e) In accordance with regulations prescribed by the
9Adjutant General, members of the State Guard shall be held
10responsible and may be held financially liable for any damage,
11destruction, or loss, including loss of accountability, of
12military property under their control in a manner similar to
13that enforced against members of the Illinois National Guard
14under applicable regulations or instructions of the United
15States Army and Air Force.
16 (20 ILCS 1815/4-10 new)
17 Sec. 4-10. Uniforms.
18 (a) Uniforms for the State Guard shall be in general
19conformity with those of the Illinois National Guard, except
20that members of the State Guard shall wear the designation "IL"
21on their class A/service dress and the designation "Illinois
22State Army Guard", "Illinois State Air Guard", or "Illinois" on
23their class C/utility uniforms.
24 (b) Officers shall pay for their uniforms. Enlisted members
25shall be issued uniforms in accordance with regulations

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1prescribed by the Adjutant General and subject to the
2availability of State funds.
3 (c) Officer and enlisted rank insignia shall be in
4conformity with those of the Illinois National Guard.
5 (20 ILCS 1815/Pt. V heading new)
6
PART V
7
DISCIPLINE
8 (20 ILCS 1815/5-5 new)
9 Sec. 5-5. Military justice. While serving on State Active
10Duty, members of the State Guard shall be subject to the
11provisions of the Illinois Code of Military Justice.
12 (20 ILCS 1815/5-10 new)
13 Sec. 5-10. Terminating appointments. The Adjutant General
14may prescribe, by regulation, administrative procedures for
15terminating the appointment of any commissioned or warrant
16officer for cause that are similar to those procedures which
17apply to members of the Illinois National Guard, except that
18any administrative procedures prescribed by the Adjutant
19General under this Section shall provide that no officer is
20entitled to present his or her case to a board of officers
21unless the officer has at least 6 years of total military
22service in the State Guard at the time the termination action
23was initiated. Such administrative procedures shall require

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1the Adjutant General to characterize the officer's service as
2honorable, general (under honorable conditions), or under
3other than honorable conditions; however, in no case may the
4Adjutant General characterize an officer's service as other
5than honorable unless the officer is afforded the right to
6present his or her case to a board of officers.
7 (20 ILCS 1815/5-15 new)
8 Sec. 5-15. Involuntary separation. The Adjutant General
9may prescribe, by regulation, administrative procedures to
10involuntarily separate any enlisted member from the State Guard
11for cause that are similar to those procedures which apply to
12members of the Illinois National Guard, except that any
13administrative procedures prescribed by the Adjutant General
14under this Section shall provide that no enlisted person is
15entitled to present his or her case to a board of officers
16unless the enlisted person has at least 6 years of total
17military service in the State Guard at the time the separation
18action was initiated. Such administrative procedures shall
19require the Adjutant General to characterize the enlisted
20member's service as honorable, general (under honorable
21conditions), or under other than honorable conditions;
22however, in no case may the Adjutant General characterize an
23enlisted member's service as other than honorable unless the
24enlisted member is afforded the right to present his or her
25case to a board of officers.

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1 (20 ILCS 1815/Pt. VI heading new)
2
PART VI
3
REGULATIONS
4 (20 ILCS 1815/6-5 new)
5 Sec. 6-5. Regulations. Regulations authorized under this
6Act shall not be subject to the Illinois Administrative
7Procedure Act and shall become effective upon approval by the
8Adjutant General.
9 (20 ILCS 1815/1 rep.)
10 (20 ILCS 1815/2 rep.)
11 (20 ILCS 1815/3 rep.)
12 (20 ILCS 1815/4 rep.)
13 (20 ILCS 1815/5 rep.)
14 (20 ILCS 1815/6 rep.)
15 (20 ILCS 1815/7 rep.)
16 (20 ILCS 1815/8 rep.)
17 (20 ILCS 1815/9 rep.)
18 (20 ILCS 1815/10 rep.)
19 (20 ILCS 1815/11 rep.)
20 (20 ILCS 1815/12 rep.)
21 (20 ILCS 1815/13 rep.)
22 (20 ILCS 1815/14 rep.)
23 (20 ILCS 1815/15 rep.)

HB3040- 22 -LRB100 10666 KTG 20890 b
1 (20 ILCS 1815/16 rep.)
2 (20 ILCS 1815/17 rep.)
3 (20 ILCS 1815/18 rep.)
4 (20 ILCS 1815/19 rep.)
5 (20 ILCS 1815/20 rep.)
6 (20 ILCS 1815/21 rep.)
7 (20 ILCS 1815/22 rep.)
8 (20 ILCS 1815/23 rep.)
9 (20 ILCS 1815/24 rep.)
10 (20 ILCS 1815/25 rep.)
11 (20 ILCS 1815/26 rep.)
12 (20 ILCS 1815/27 rep.)
13 (20 ILCS 1815/28 rep.)
14 (20 ILCS 1815/29 rep.)
15 (20 ILCS 1815/30 rep.)
16 (20 ILCS 1815/31 rep.)
17 (20 ILCS 1815/32 rep.)
18 (20 ILCS 1815/33 rep.)
19 (20 ILCS 1815/34 rep.)
20 (20 ILCS 1815/35 rep.)
21 (20 ILCS 1815/36 rep.)
22 (20 ILCS 1815/37 rep.)
23 (20 ILCS 1815/38 rep.)
24 (20 ILCS 1815/39 rep.)
25 (20 ILCS 1815/40 rep.)
26 (20 ILCS 1815/41 rep.)

HB3040- 23 -LRB100 10666 KTG 20890 b
1 (20 ILCS 1815/42 rep.)
2 (20 ILCS 1815/43 rep.)
3 (20 ILCS 1815/44 rep.)
4 (20 ILCS 1815/45 rep.)
5 (20 ILCS 1815/46 rep.)
6 (20 ILCS 1815/47 rep.)
7 (20 ILCS 1815/48 rep.)
8 (20 ILCS 1815/49 rep.)
9 (20 ILCS 1815/50 rep.)
10 (20 ILCS 1815/51 rep.)
11 (20 ILCS 1815/52 rep.)
12 (20 ILCS 1815/53 rep.)
13 (20 ILCS 1815/54 rep.)
14 (20 ILCS 1815/55 rep.)
15 (20 ILCS 1815/56 rep.)
16 (20 ILCS 1815/57 rep.)
17 (20 ILCS 1815/58 rep.)
18 (20 ILCS 1815/59 rep.)
19 (20 ILCS 1815/60 rep.)
20 (20 ILCS 1815/61 rep.)
21 (20 ILCS 1815/62 rep.)
22 (20 ILCS 1815/63 rep.)
23 (20 ILCS 1815/64 rep.)
24 (20 ILCS 1815/65 rep.)
25 (20 ILCS 1815/66 rep.)
26 (20 ILCS 1815/67 rep.)

HB3040- 24 -LRB100 10666 KTG 20890 b
1 (20 ILCS 1815/68 rep.)
2 (20 ILCS 1815/69 rep.)
3 (20 ILCS 1815/70 rep.)
4 (20 ILCS 1815/71 rep.)
5 (20 ILCS 1815/72 rep.)
6 (20 ILCS 1815/73 rep.)
7 (20 ILCS 1815/74 rep.)
8 (20 ILCS 1815/75 rep.)
9 (20 ILCS 1815/76 rep.)
10 (20 ILCS 1815/77 rep.)
11 (20 ILCS 1815/78 rep.)
12 (20 ILCS 1815/79 rep.)
13 (20 ILCS 1815/80 rep.)
14 (20 ILCS 1815/81 rep.)
15 (20 ILCS 1815/82 rep.)
16 Section 20. The State Guard Act is amended by repealing
17Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
1817, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32,
1933, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48,
2049, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64,
2165, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80,
2281, and 82.
23 Section 99. Effective date. This Act takes effect upon
24becoming law.

HB3040- 25 -LRB100 10666 KTG 20890 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 100/1-20from Ch. 127, par. 1001-20
4 5 ILCS 350/1from Ch. 127, par. 1301
5 20 ILCS 1805/21from Ch. 129, par. 220.21
6 20 ILCS 1807/76b new
7 20 ILCS 1815/Pt. I heading
8 new
9 20 ILCS 1815/0.01from Ch. 129, par. 228h
10 20 ILCS 1815/1-5 new
11 20 ILCS 1815/1-10 new
12 20 ILCS 1815/Pt. II
13 heading new
14 20 ILCS 1815/2-5 new
15 20 ILCS 1815/Pt. III
16 heading new
17 20 ILCS 1815/3-5 new
18 20 ILCS 1815/3-10 new
19 20 ILCS 1815/Pt. IV
20 heading new
21 20 ILCS 1815/4-5 new
22 20 ILCS 1815/4-10 new
23 20 ILCS 1815/Pt. V heading
24 new
25 20 ILCS 1815/5-5 new

HB3040- 26 -LRB100 10666 KTG 20890 b
1 20 ILCS 1815/5-10 new
2 20 ILCS 1815/5-15 new
3 20 ILCS 1815/Pt. VI
4 heading new
5 20 ILCS 1815/6-5 new
6 20 ILCS 1815/1 rep.
7 20 ILCS 1815/2 rep.
8 20 ILCS 1815/3 rep.
9 20 ILCS 1815/4 rep.
10 20 ILCS 1815/5 rep.
11 20 ILCS 1815/6 rep.
12 20 ILCS 1815/7 rep.
13 20 ILCS 1815/8 rep.
14 20 ILCS 1815/9 rep.
15 20 ILCS 1815/10 rep.
16 20 ILCS 1815/11 rep.
17 20 ILCS 1815/12 rep.
18 20 ILCS 1815/13 rep.
19 20 ILCS 1815/14 rep.
20 20 ILCS 1815/15 rep.
21 20 ILCS 1815/16 rep.
22 20 ILCS 1815/17 rep.
23 20 ILCS 1815/18 rep.
24 20 ILCS 1815/19 rep.
25 20 ILCS 1815/20 rep.
26 20 ILCS 1815/21 rep.

HB3040- 27 -LRB100 10666 KTG 20890 b
1 20 ILCS 1815/22 rep.
2 20 ILCS 1815/23 rep.
3 20 ILCS 1815/24 rep.
4 20 ILCS 1815/25 rep.
5 20 ILCS 1815/26 rep.
6 20 ILCS 1815/27 rep.
7 20 ILCS 1815/28 rep.
8 20 ILCS 1815/29 rep.
9 20 ILCS 1815/30 rep.
10 20 ILCS 1815/31 rep.
11 20 ILCS 1815/32 rep.
12 20 ILCS 1815/33 rep.
13 20 ILCS 1815/34 rep.
14 20 ILCS 1815/35 rep.
15 20 ILCS 1815/36 rep.
16 20 ILCS 1815/37 rep.
17 20 ILCS 1815/38 rep.
18 20 ILCS 1815/39 rep.
19 20 ILCS 1815/40 rep.
20 20 ILCS 1815/41 rep.
21 20 ILCS 1815/42 rep.
22 20 ILCS 1815/43 rep.
23 20 ILCS 1815/44 rep.
24 20 ILCS 1815/45 rep.
25 20 ILCS 1815/46 rep.
26 20 ILCS 1815/47 rep.

HB3040- 28 -LRB100 10666 KTG 20890 b
1 20 ILCS 1815/48 rep.
2 20 ILCS 1815/49 rep.
3 20 ILCS 1815/50 rep.
4 20 ILCS 1815/51 rep.
5 20 ILCS 1815/52 rep.
6 20 ILCS 1815/53 rep.
7 20 ILCS 1815/54 rep.
8 20 ILCS 1815/55 rep.
9 20 ILCS 1815/56 rep.
10 20 ILCS 1815/57 rep.
11 20 ILCS 1815/58 rep.
12 20 ILCS 1815/59 rep.
13 20 ILCS 1815/60 rep.
14 20 ILCS 1815/61 rep.
15 20 ILCS 1815/62 rep.
16 20 ILCS 1815/63 rep.
17 20 ILCS 1815/64 rep.
18 20 ILCS 1815/65 rep.
19 20 ILCS 1815/66 rep.
20 20 ILCS 1815/67 rep.
21 20 ILCS 1815/68 rep.
22 20 ILCS 1815/69 rep.
23 20 ILCS 1815/70 rep.
24 20 ILCS 1815/71 rep.
25 20 ILCS 1815/72 rep.
26 20 ILCS 1815/73 rep.

HB3040- 29 -LRB100 10666 KTG 20890 b