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92nd General Assembly

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Public Act 92-0076

SB876 Enrolled                                 LRB9201514MWcd

    AN ACT concerned military funeral honors.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Military Code of Illinois is amended by
adding Article IV-A as follows:

    (20 ILCS 1805/Art. IV-A heading new)
           ARTICLE IV-A.  MILITARY FUNERAL HONORS

    (20 ILCS 1805/28.1 new)
    Sec.  28.1.  Purpose.  This   Article   establishes   the
Illinois  Military  Funeral Honors Program to ensure, subject
to the appropriation of adequate funds, an appropriate  final
tribute  to deceased veterans and Governors in the absence of
federal military funeral honors or funeral honors provided by
veteran organizations. This  Article  establishes  procedures
that ensure this tribute on behalf of a grateful citizenry to
honor  deceased  veterans  in recognition of their service to
the State of Illinois and to the United  States  of  America.
The  rendering  of  military funeral honors is the ceremonial
paying of respects and final demonstration  of  gratitude  to
those  who,  in  times  of  war  and  peace,  have faithfully
defended freedom.

    (20 ILCS 1805/28.2 new)
    Sec.  28.2.  Administration.  The  Adjutant  General   of
Illinois,  as Director of the Department of Military Affairs,
shall administer the Military Funeral Honors Program.

    (20 ILCS 1805/28.3 new)
    Sec. 28.3.  State  funeral  honors.  The  funeral  honors
entitlement established by this Article may be provided to an
eligible  veteran  only if (i) a request for military funeral
honors has been made on behalf of  the  deceased  veteran  to
federal  authorities and (ii) military funeral honors are not
to be provided by  federal  authorities,  regardless  of  the
reason.   Governors  are entitled to funeral honors without a
federal request.

    (20 ILCS 1805/28.4 new)
    Sec. 28.4.  Eligibility. Only veterans and Governors  are
eligible  for  military funeral honors under this Article. In
this Article, "veteran" means an Illinois resident who  is  a
veteran as defined in subsection (h) of Section 1491 of Title
10  of  the  United  States Code.  Governors are eligible for
military  funeral  honors  because  of   their   service   as
Commander-in-Chief  of  the  military  forces of the State of
Illinois.

    (20 ILCS 1805/28.5 new)
    Sec. 28.5.  Waiver authority.
    (a)  With approval of the Governor, the Adjutant  General
may waive the requirement established in Section 28.3 of this
Article if the Adjutant General determines in writing that it
is in the best interests of the State of Illinois to do so.
    (b)  Waiver authority under this Section may be delegated
only  to  the  Assistant  Adjutant  General  for  Army or the
Assistant Adjutant General for Air.

    (20 ILCS 1805/28.6 new)
    Sec. 28.6.  Policy.
    (a)  A member of the  Army  National  Guard  or  the  Air
National  Guard  may  be  ordered  to  funeral honors duty in
accordance with this Article.  That member shall  receive  an
allowance of $50 for any day on which a minimum of 2 hours of
funeral  honors  duty  is performed.  Members of the Illinois
National Guard ordered to funeral honors duty  in  accordance
with  this Article are considered to be in the active service
of the State  for  all  purposes  except  for  pay,  and  the
provisions of Sections 52, 53, 54, 55, and 56 of the Military
Code  of  Illinois apply if a member of the Illinois National
Guard is injured or disabled in the course of those duties.
    (b)  The Adjutant General may provide support  for  other
authorized  providers  who  volunteer  to  participate  in  a
funeral  honors  detail  conducted on behalf of the Governor.
This support is limited to transportation, reimbursement  for
transportation, expenses, materials, and training.

    (20 ILCS 1805/28.8 new)
    Sec.  28.8.  Rules.  The Adjutant General, as Director of
the Department of Military Affairs,  must  adopt  appropriate
rules to implement this program.

    (20 ILCS 1805/28.9 new)
    Sec.   28.9.  Availability  of  funds.  Nothing  in  this
Article  establishes  any  entitlement  to  military  funeral
honors if  the  Adjutant  General  determines  that  Illinois
National  Guard  personnel are not available to perform those
honors or if adequate appropriated funds are not available to
fund this program.

    Section 99.  Effective date. This  Act  takes  effect  on
January 1, 2002.
    Passed in the General Assembly April 26, 2001.
    Approved July 12, 2001.
    Effective January 01, 2002.

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