IL HB3040

Establishes the Illinois State Guard as a non-federally recognized state military force comprised of members of the Unorganized Militia ages 18-65, activated by proclamation when the Illinois National Guard is unavailable due to federal mobilization.

The Governor serves as Commander-in-Chief and the Adjutant General commands the State Guard; members serve on State Active Duty and receive the same pay as comparable Illinois National Guard members.

State Guard members are subject to the Illinois Code of Military Justice and entitled to the same civil liability protections and indemnification as Illinois National Guard members under state law.

Reorganizes the State Guard Act into six parts covering general provisions, organization, personnel and pay, equipping and uniforms, discipline, and regulations; repeals prior State Guard Act sections 1-82.

Modifies the Illinois Administrative Procedure Act to exempt the Illinois State Guard from procedural requirements when adopting regulations, and updates the Military Code regarding succession procedures for the Adjutant General position during vacancies or absences.