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92_SB0876eng SB876 Engrossed LRB9201514MWcd 1 AN ACT concerned military funeral honors. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Military Code of Illinois is amended by 5 adding Article IV-A as follows: 6 (20 ILCS 1805/Art. IV-A heading new) 7 ARTICLE IV-A. MILITARY FUNERAL HONORS 8 (20 ILCS 1805/28.1 new) 9 Sec. 28.1. Purpose. This Article establishes the 10 Illinois Military Funeral Honors Program to ensure, subject 11 to the appropriation of adequate funds, an appropriate final 12 tribute to deceased veterans and Governors in the absence of 13 federal military funeral honors or funeral honors provided by 14 veteran organizations. This Article establishes procedures 15 that ensure this tribute on behalf of a grateful citizenry to 16 honor deceased veterans in recognition of their service to 17 the State of Illinois and to the United States of America. 18 The rendering of military funeral honors is the ceremonial 19 paying of respects and final demonstration of gratitude to 20 those who, in times of war and peace, have faithfully 21 defended freedom. 22 (20 ILCS 1805/28.2 new) 23 Sec. 28.2. Administration. The Adjutant General of 24 Illinois, as Director of the Department of Military Affairs, 25 shall administer the Military Funeral Honors Program. 26 (20 ILCS 1805/28.3 new) 27 Sec. 28.3. State funeral honors. The funeral honors 28 entitlement established by this Article may be provided to an SB876 Engrossed -2- LRB9201514MWcd 1 eligible veteran only if (i) a request for military funeral 2 honors has been made on behalf of the deceased veteran to 3 federal authorities and (ii) military funeral honors are not 4 to be provided by federal authorities, regardless of the 5 reason. Governors are entitled to funeral honors without a 6 federal request. 7 (20 ILCS 1805/28.4 new) 8 Sec. 28.4. Eligibility. Only veterans and Governors are 9 eligible for military funeral honors under this Article. In 10 this Article, "veteran" means an Illinois resident who is a 11 veteran as defined in subsection (h) of Section 1491 of Title 12 10 of the United States Code. Governors are eligible for 13 military funeral honors because of their service as 14 Commander-in-Chief of the military forces of the State of 15 Illinois. 16 (20 ILCS 1805/28.5 new) 17 Sec. 28.5. Waiver authority. 18 (a) With approval of the Governor, the Adjutant General 19 may waive the requirement established in Section 28.3 of this 20 Article if the Adjutant General determines in writing that it 21 is in the best interests of the State of Illinois to do so. 22 (b) Waiver authority under this Section may be delegated 23 only to the Assistant Adjutant General for Army or the 24 Assistant Adjutant General for Air. 25 (20 ILCS 1805/28.6 new) 26 Sec. 28.6. Policy. 27 (a) A member of the Army National Guard or the Air 28 National Guard may be ordered to funeral honors duty in 29 accordance with this Article. That member shall receive an 30 allowance of $50 for any day on which a minimum of 2 hours of 31 funeral honors duty is performed. Members of the Illinois SB876 Engrossed -3- LRB9201514MWcd 1 National Guard ordered to funeral honors duty in accordance 2 with this Article are considered to be in the active service 3 of the State for all purposes except for pay, and the 4 provisions of Sections 52, 53, 54, 55, and 56 of the Military 5 Code of Illinois apply if a member of the Illinois National 6 Guard is injured or disabled in the course of those duties. 7 (b) The Adjutant General may provide support for other 8 authorized providers who volunteer to participate in a 9 funeral honors detail conducted on behalf of the Governor. 10 This support is limited to transportation, reimbursement for 11 transportation, expenses, materials, and training. 12 (20 ILCS 1805/28.8 new) 13 Sec. 28.8. Rules. The Adjutant General, as Director of 14 the Department of Military Affairs, must adopt appropriate 15 rules to implement this program. 16 (20 ILCS 1805/28.9 new) 17 Sec. 28.9. Availability of funds. Nothing in this 18 Article establishes any entitlement to military funeral 19 honors if the Adjutant General determines that Illinois 20 National Guard personnel are not available to perform those 21 honors or if adequate appropriated funds are not available to 22 fund this program. 23 Section 99. Effective date. This Act takes effect on 24 January 1, 2002.