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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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