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2005 Illinois 20 ILCS 1805/      Military Code of Illinois. Article IV - The Department Of Military Affairs


      (20 ILCS 1805/Art. IV heading)
ARTICLE IV. THE DEPARTMENT OF MILITARY AFFAIRS

    (20 ILCS 1805/20) (from Ch. 129, par. 220.20)
    Sec. 20. There is hereby established in the Executive Branch of the State Government, a principal department which shall be known as the Department of Military Affairs. The Department of Military Affairs shall consist of The Adjutant General, Chief of Staff; an Assistant Adjutant General for Army; an Assistant Adjutant General for Air; and the number of military and civilian employees required. It is the channel of communication between the Federal Government and the State of Illinois on all matters pertaining to the State military forces.
(Source: P.A. 85‑1241.)

    (20 ILCS 1805/21) (from Ch. 129, par. 220.21)
    Sec. 21. The Assistant Adjutant General for Army shall be the chief administrative assistant to The Adjutant General for Army matters and the Assistant Adjutant General for Air shall be the chief administrative assistant to The Adjutant General for Air matters and both shall perform such duties as may be directed by The Adjutant General. In the event of the death or disability of The Adjutant General or his absence from the State, the Commander‑in‑Chief shall designate either the Assistant Adjutant General for Army or the Assistant Adjutant General for Air to perform the duties of The Adjutant General.
(Source: P.A. 80‑176.)

    (20 ILCS 1805/22) (from Ch. 129, par. 220.22)
    Sec. 22. The Adjutant General shall be charged with carrying out the policies of the Commander‑in‑Chief and shall issue orders in his name. Orders of The Adjutant General shall be considered as emanating from the Commander‑in‑Chief.
    (a) He shall be the immediate adviser of the Commander‑in‑Chief on all matters relating to the militia and shall be charged with the planning, development and execution of the program of the military forces of the State. He shall be responsible for the preparation and execution of plans, for organizing, supplying, equipping and mobilizing the Organized Militia, for use in the national defense, and for State defense, and emergencies.
    (b) He shall hold major organization commanders responsible for the training of their commands, and shall issue all orders and instructions for the government of the militia and of the officers, warrant officers, and enlisted personnel therein.
    (c) He shall make such returns and reports as may be prescribed by the Commander‑in‑Chief or required by the laws or regulations of the State or of the United States.
    (d) The Adjutant General shall be the head of the Department of Military Affairs of the Executive Branch of the government of the State.
(Source: P.A. 85‑1241.)

    (20 ILCS 1805/22‑1) (from Ch. 129, par. 220.22‑1)
    Sec. 22‑1. The Adjutant General has the power and authority to enter into contracts and agreements in the name of the State of Illinois with the Federal government on any and all matters relating to the organizing, training, equipping, quartering and maintenance of the Illinois National Guard.
(Source: P.A. 85‑1241.)

    (20 ILCS 1805/22‑2) (from Ch. 129, par. 220.22‑2)
    Sec. 22‑2. The Adjutant General shall have the power and authority to sell, at a fair market price, Illinois National Guard armories and lands under his jurisdiction when in his judgment such armories and lands are obsolete, inadequate, unusable or no longer required for Illinois National Guard purposes. All such sales shall be subject to the written approval of the Governor. Where the sale price of the armory exceeds 3.5 million dollars, and the armory is located in any county with a population of l million or more, the authorization of the General Assembly will be required for the sale of such armory.
(Source: P.A. 83‑899.)

    (20 ILCS 1805/22‑3) (from Ch. 129, par. 220.22‑3)
    Sec. 22‑3. All monies received from the sale of Illinois National Guard armories and lands pursuant to authority contained in Section 22‑2 shall be paid into the State Treasury without delay and shall be covered into a special fund to be known as the Illinois National Guard Armory Construction Fund. The monies in this fund shall be used exclusively by the Adjutant General for the purpose of acquiring building sites and constructing new armories. Expenditures from this fund shall be subject to appropriation by the General Assembly and written release by the Governor.
(Source: P.A. 83‑899.)

    (20 ILCS 1805/22‑4) (from Ch. 129, par. 220.22‑4)
    Sec. 22‑4. The Adjutant General shall have the power and authority to grant licenses and rights‑of‑way within the areas controlled by the Department for construction, operation and maintenance upon, under or across such property, of facilities for water, sewage, telephone, telegraph, electric, gas or other public service, subject to such terms and conditions as may be determined by the Department.
(Source: P.A. 83‑899.)

    (20 ILCS 1805/22‑5) (from Ch. 129, par. 220.22‑5)
    Sec. 22‑5. The Adjutant General shall have the power and authority to transfer jurisdiction of or exchange any realty under the control of the Department to any other Department of the State government, or to any agency of the Federal government, or to any unit of local government when such transfer is authorized by the General Assembly.
(Source: P.A. 85‑889.)

    (20 ILCS 1805/22‑6) (from Ch. 129, par. 220.22‑6)
    Sec. 22‑6. All monies received from the transfer or exchange of any realty under the control of the Department pursuant to authority contained in Section 22‑5 of this Act shall be paid into the State Treasury without delay and shall be covered into a special fund to be known as the Illinois National Guard Armory Construction Fund. The monies in this fund shall be used exclusively by the Adjutant General for the purpose of acquiring building sites and constructing new armories. Expenditures from this fund shall be subject to appropriation by the General Assembly and written release by the Governor.
(Source: P.A. 83‑899.)

    (20 ILCS 1805/22‑7) (from Ch. 129, par. 220.22‑7)
    Sec. 22‑7. (Repealed).
(Source: P.A. 90‑372, eff. 7‑1‑98. Repealed internally, eff. 7‑1‑98.)

    (20 ILCS 1805/22‑8)
    Sec. 22‑8. Funds and monies made available by public or private entities. The Department may apply for, receive, expend, allocate, or disburse funds and moneys made available by public or private entities, including, but not limited to, contracts, private or public financial gifts, bequests, grants, or donations from individuals, corporations, or foundations. All funds received by the Department from these sources shall be deposited into the Military Affairs Trust Fund created by this amendatory Act of 1993. All moneys expended by the Department of Military Affairs from this Fund shall be appropriated by the General Assembly for the purposes as indicated by the grantor, donor or, in the case of funds or moneys given or donated for no specific purpose, for any purpose deemed appropriate by the Director in administering the responsibilities of the Department as set forth in the Military Code of Illinois.
(Source: P.A. 88‑183.)

    (20 ILCS 1805/22‑9)
    Sec. 22‑9. Power to make grants from the Illinois Military Family Relief Fund. Subject to appropriation, the Department of Military Affairs shall have the power to make grants from the Illinois Military Family Relief Fund, a special fund created in the State treasury, to single persons who are members of the Illinois National Guard or Illinois residents who are members of the reserves of the armed forces of the United States and who have been called to active duty as a result of the September 11, 2001 terrorist attacks and to families of persons who are members of the Illinois National Guard or Illinois residents who are members of the reserves of the armed forces of the United States and who have been called to active duty as a result of the September 11, 2001 terrorist attacks. The Department of Military Affairs shall establish eligibility criteria for the grants by rule.
    In addition to amounts transferred into the Fund under Section 510 of the Illinois Income Tax Act, the State Treasurer shall accept and deposit into the Fund all gifts, grants, transfers, appropriations, and other amounts from any legal source, public or private, that are designated for deposit into the Fund.
(Source: P.A. 92‑886, eff. 2‑7‑03; 93‑506, eff. 8‑11‑03; 93‑976, eff. 8‑20‑04.)

    (20 ILCS 1805/22‑10)
    Sec. 22‑10. Notice of provisions of Service Member's Employment Tenure Act. Whenever a member of the Illinois National Guard is called to active military duty pursuant to a declaration of war by the Congress or by the President under the War Powers Act or by the Governor in time of declared emergency or for quelling civil insurrection, the Adjutant General shall ensure that the member is expeditiously given written notice of the provisions of Sections 4 and 4.5 of the Service Member's Employment Tenure Act.
(Source: P.A. 94‑162, eff. 7‑11‑05.)

    (20 ILCS 1805/23) (from Ch. 129, par. 220.23)
    Sec. 23.
    The Adjutant General shall keep a record of the appointments of officers, warrant officers, and noncommissioned officers. He shall have general charge of recruiting and records of enlistments and discharges, and keep the military history of personnel of the State forces.
(Source: Laws 1957, p. 2141.)

    (20 ILCS 1805/24) (from Ch. 129, par. 220.24)
    Sec. 24. The Adjutant General shall have charge of all correspondence and the records thereof pertaining to his office, and shall file for record all returns of troops and all reports and records of field service and camps of instruction and of all active service performed by troops of the State in service of the State or of the United States.
(Source: Laws 1957, p. 2141.)

    (20 ILCS 1805/24.1) (from Ch. 129, par. 220.24‑1)
    Sec. 24.1. The Adjutant General is authorized to negotiate and enter into contracts on behalf of all civilian employees of the Army National Guard and Air National Guard under his jurisdiction for membership in an employee retirement, disability or death benefits system, and membership in a group health insurance program, and to enter into agreements with the Secretary of Defense of the United States of America for withholding sums from the compensation of such civilian employees for contributions to such system or program. The Adjutant General is also authorized to designate who shall receive the sums withheld for contributions to the system or program authorized by this Section.
(Source: Laws 1965, p. 2574.)

    (20 ILCS 1805/25) (from Ch. 129, par. 220.25)
    Sec. 25. The Adjutant General shall have charge of and carefully preserve the colors, flags, guidons and military trophies of war belonging to the State. He may, for the purpose of enabling wider public display, make loans of these items to the Federal government, other State governments, and to recognized museums. He shall furnish, at the expense of the State, blanks and forms, and such military publications as required.
    Prior to September 1 of each year, or at such other time as prescribed by the Governor, the Adjutant General shall file with the Office of the Governor a report listing each item loaned during the previous fiscal year and prior fiscal years, the terms and conditions of each loan, and the federal or State governmental office or recognized museum to which each item has been loaned.
(Source: P.A. 91‑826, eff. 6‑13‑00.)

    (20 ILCS 1805/25.5)
    Sec. 25.5. (Repealed).
(Source: P.A. 92‑600, eff. 7‑1‑02. Repealed internally, eff. 1‑1‑03.)

    (20 ILCS 1805/25.6)
    (Section scheduled to be repealed on January 1, 2006)
    Sec. 25.6. Illinois Military Flags Commission.
    (a) The Illinois Military Flags Commission is established for the purpose of assisting the Adjutant General with his or her responsibilities under Section 25 of this Code. The Commission shall advise the Adjutant General on how to best collect, preserve, and present or display to the public the colors, flags, guidons, and military trophies of war belonging to the State in order to disseminate information relating to the history of the Illinois National Guard.
    (b) The Commission consists of 15 members: the Adjutant General, the State Historian, the Director of the Illinois State Museum, and the Director of the Historic Preservation Agency, all ex officio; 4 members of the General Assembly, one of whom shall be appointed by the President of the Senate, one by the Minority Leader of the Senate, one by the Speaker of the House of Representatives, and one by the Minority Leader of the House of Representatives; and 7 residents of the State appointed by the Governor. When appointing members to the Commission, the Governor must endeavor to appoint persons in a manner to maintain as regionally diverse a membership as possible. Persons appointed to the Commission should provide it with experience in areas such as, but not limited to, knowledge of military history, particularly of the American Civil War, and the education of citizens. Any vacancy in the Commission shall be filled by an appointment in the same manner as the original appointment. Members of the Commission shall serve without compensation, but shall be reimbursed for their reasonable expenses incurred in the performance of their duties.
    (c) This Section is repealed on January 1, 2006.
(Source: P.A. 93‑433, eff. 8‑5‑03.)

    (20 ILCS 1805/26) (from Ch. 129, par. 220.26)
    Sec. 26. On or before the first day of November next preceding the regular session of the General Assembly, The Adjutant General shall make out a full and detailed report to the Governor of all the transactions of his office, including receipts and expenditures of all appropriated funds. In preparing his account of the money paid out and expended, he shall group the expenditures made from each separate appropriation under the objects and purposes as classified and standardized in Section 13 of "An Act in Relation to State Finance", approved June 10, 1919, as amended. The Adjutant General shall also report upon such other matters at such times as shall be required by the Commander‑in‑Chief.
(Source: Laws 1957, p. 2141.)

    (20 ILCS 1805/27) (from Ch. 129, par. 220.27)
    Sec. 27. The Adjutant General shall be responsible for and have supervision of all military installations, facilities, armories, grounds, buildings, property, and equipment of the Illinois Army and Air National Guard.
(Source: P.A. 85‑1241.)

    (20 ILCS 1805/27.5)
    Sec. 27.5. Publication of rights and responsibilities. The Department must create a publication setting forth the rights and responsibilities of service members under State and federal law. The Department must make this publication available through printed or electronic means to service members, their families, and organizations that assist service members, veterans, or their families.
(Source: P.A. 93‑833, eff. 7‑28‑04.)

    (20 ILCS 1805/28) (from Ch. 129, par. 220.28)
    Sec. 28. When the Commander‑in‑Chief proclaims a time of public danger or when an emergency exists. The Adjutant General may purchase or authorize the purchase of stores and supplies in the open market sufficient for the needs of the emergency then existing without requiring proposals and without advertising for the same.
(Source: Laws 1957, p. 2141.)

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