General Provisions

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(20 ILCS 1815/Pt. I heading)

PART I
GENERAL PROVISIONS

 

(20 ILCS 1815/1-1) (from Ch. 129, par. 228h)

Sec. 1-1. Short title. This Act may be cited as the Illinois State Guard Act.

(Source: P.A. 100-1030, eff. 8-22-18.)

 

(20 ILCS 1815/1-5)

Sec. 1-5. Establishment and purpose.

(a) This Act establishes the Illinois State Guard ("the State Guard"). The State Guard is the State's non-federally recognized military force which may be composed of members of the Unorganized Militia who are 18 through 45 years of age, and those persons who are 45 through 65 years of age as determined necessary by the Governor.

(b) The Governor is the Commander-in-Chief of the State Guard. The Adjutant General is the Commander of the State Guard. As directed by the Adjutant General, the Department of Military Affairs shall administer the State Guard.

(c) The purpose of the State Guard is to provide the State a capable military force when all or part of the Illinois National Guard is not available for State service due to its possible or actual mobilization into federal service by the President of the United States.

(Source: P.A. 100-1030, eff. 8-22-18.)

 

(20 ILCS 1815/1-10)

Sec. 1-10. Activation of the State Guard.

(a) Whenever the Commander-in-Chief deems it necessary or advisable for the purpose of executing the laws of the State or to prevent an actual or threatened violation of law; when the nation is at war and a requisition or order has been made, or is likely to be made, by the President of the United States calling the National Guard, or parts thereof, into the National service; or for any other emergency, he or she may issue a proclamation calling for volunteers to serve in the State Guard. Persons who answer the call and who are appointed or enlisted in the State Guard shall serve in State Active Duty status.

(b) The proclamation shall state the number of volunteers needed and the period of State Active Duty during which they are called to serve. The Commander-in-Chief may terminate or extend any such proclamation at any time he or she determines appropriate and in the best interests of the State.

(c) When mobilized and deployed to support civil authorities, the State Guard may be directed by civil authorities as to work to be done or the result to be attained, but not as to the method to be employed. At all times, State Guard units and members shall remain under the command and control of the Commander-in-Chief, the Adjutant General, and such subordinate commanders as the Adjutant General may appoint.

(Source: P.A. 100-1030, eff. 8-22-18.)


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