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91_HB4340ham001
LRB9111891STpkam
1 AMENDMENT TO HOUSE BILL 4340
2 AMENDMENT NO. . Amend House Bill 4340 as follows:
3 by replacing the title with the following:
4 "AN ACT to amend the Military Code of Illinois by adding
5 Article IV-A."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Military Code of Illinois is amended by
9 adding Article IV-A as follows:
10 (20 ILCS 1805/Art. IV-A heading new)
11 ARTICLE IV-A. MILITARY FUNERAL HONORS
12 (20 ILCS 1805/28.1 new)
13 Sec. 28.1. Purpose. This Article establishes the
14 Illinois Military Funeral Honors Program, which ensures an
15 appropriate final tribute to deceased veterans and former
16 Governors in the absence of federal military funeral honors
17 or funeral honors provided by veteran organizations, subject
18 to appropriation of adequate funds. This Article establishes
19 procedures which ensure this tribute on behalf of a grateful
20 citizenry to honor deceased veterans in recognition of their
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1 service to the State of Illinois and to the United States of
2 America. The rendering of military funeral honors is the
3 ceremonial paying of respects and final demonstration of
4 gratitude to those who, in times of war and peace, have
5 faithfully defended freedom.
6 (20 ILCS 1805/28.2 new)
7 Sec. 28.2. Administration. The Adjutant General of
8 Illinois, as Director of the Department of Military Affairs,
9 shall administer the Military Funeral Honors Program.
10 (20 ILCS 1805/28.3 new)
11 Sec. 28.3. Provision of state funeral honors. The
12 funeral honors entitlement established by this Article may be
13 provided to an eligible veteran only if (i) a request for
14 military funeral honors has been made on behalf of the
15 deceased veteran to federal authorities and (ii) military
16 funeral honors are not to be provided by federal authorities,
17 regardless of the reason. Former Governors shall be entitled
18 to funeral honors without a federal request.
19 (20 ILCS 1805/28.4 new)
20 Sec. 28.4. Eligibility. Only veterans and former
21 Governors are eligible for military funeral honors under this
22 Article. In this Article, "veteran" means an Illinois
23 resident who is a veteran as defined in subsection (h) of
24 Section 1491 of Title 10 of the United States Code. Former
25 Governors are eligible for military funeral honors because of
26 their service as Commander-in-Chief of the military forces of
27 the State of Illinois.
28 (20 ILCS 1805/28.5 new)
29 Sec. 28.5. Waiver authority.
30 (a) With approval of the Governor, the Adjutant General
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1 may waive the requirement established in Section 28.3 of this
2 Article when the Adjutant General determines in writing that
3 it is in the best interests of the State of Illinois to do
4 so.
5 (b) Waiver authority under this Section may only be
6 delegated to the Assistant Adjutant General for Army or
7 Assistant Adjutant General for Air.
8 (20 ILCS 1805/28.6 new)
9 Sec. 28.6. Honors.
10 (a) A funeral honors detail shall, at a minimum, perform
11 at the funeral a ceremony that includes: the folding of a
12 United States flag; its presentation to the appropriate next
13 of kin, family member, or representative; and the playing of
14 taps. The funeral honors detail must comprise a minimum of 2
15 uniformed military members and, if available, a bugler.
16 (b) Additional elements of honors and additional
17 uniformed military personnel or other authorized providers
18 may augment the basic honors detail when deemed appropriate.
19 Authorized providers include veterans organizations and other
20 organizations and individuals that support the rendering of
21 funeral honors and who have been trained and approved by the
22 Adjutant General for that purpose.
23 (20 ILCS 1805/28.7 new)
24 Sec. 28.7. Policy.
25 (a) Upon request of the next of kin, authorized
26 representative, or funeral director on behalf of the next of
27 kin of a person eligible for military funeral honors under
28 Section 28.4, the Governor as Commander-in-Chief may, with
29 the consent of the member, order members of the Army National
30 Guard and Air National Guard to funeral honors duty to
31 prepare for and to perform military funeral honors as
32 provided in this Article. For this purpose and upon approval
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1 of the Governor, the Adjutant General shall, subject to
2 adequate appropriation, order the appropriate uniformed honor
3 detail, augmented by other authorized providers, as required,
4 to attend and render the appropriate services.
5 (b) A member of the Army National Guard or Air National
6 Guard may be ordered to funeral honors duty in accordance
7 with this Article. That member shall receive an allowance of
8 $50 for any day on which a minimum of 2 hours of funeral
9 honors duty is performed. Members of the Illinois National
10 Guard ordered to funeral honors duty in accordance with this
11 Article shall be considered in the active service of the
12 State for all purposes except for pay, and the provisions of
13 Sections 52, 53, 54, 55, and 56 of the Military Code of
14 Illinois shall apply in the case of Illinois National Guard
15 personnel injured or disabled in the course of those duties.
16 (c) The Adjutant General may provide support for other
17 authorized providers who volunteer to participate in a
18 funeral honors detail conducted on behalf of the Governor.
19 This support is limited to transportation, reimbursement for
20 transportation, expenses, materials, and training.
21 (20 ILCS 1805/28.8 new)
22 Sec. 28.8. Rules. The Adjutant General, as Director of
23 the Department of Military Affairs, shall establish
24 appropriate rules to implement this program.
25 (20 ILCS 1805/28.9 new)
26 Sec. 28.9. Availability of funds. Nothing in this
27 Article shall establish any entitlement to military funeral
28 honors if the Adjutant General determines that Illinois
29 National Guard personnel are not available to perform those
30 honors or if adequate appropriated funds are not available to
31 fund this program.
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1 Section 99. Effective date. This Act takes effect on
2 January 1, 2001.".