Public Act 098-0694
 
HB3833 EnrolledLRB098 15390 HLH 50419 b



    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:




 
 
    Section 5. The Military Code of Illinois is amended  by 
changing Sections 14, 22, and 22-9 as follows:
 



    (20 ILCS 1805/14)  (from Ch. 129, par. 220.14)



    Sec. 14. 
The Commander-in-Chief shall appoint from the 
active officers of
the Illinois National Guard, The Adjutant 
General, Chief of Staff, with the
grade of Major General. The 
appointment of the Adjutant General shall be
for a term 
expiring on the 3rd Monday in January, 1971, and in each

odd-numbered year thereafter. The Adjutant General shall serve 
as both the Director of the Department of Military Affairs and 
as the Commander of the Illinois National Guard.

(Source: P.A. 76-931.)

 



    (20 ILCS 1805/22)  (from Ch. 129, par. 220.22)



    Sec. 22. Adjutant General; duties. 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) He shall, subject to the appropriation of funds by the 
General Assembly for this purpose, order such personnel of the 
Illinois National Guard into active service of the State as are 
required by the Commander-in-Chief to support non-emergency 
functions of the State, including but not limited to National 
Guard involvement in training exercises conducted in 
conjunction with the Illinois Emergency Management Agency. 
Illinois National Guard personnel placed on duty pursuant to 
this item (d) shall be paid in accordance with the provisions 
of Sections 48 and 49. 
    (e) The Adjutant General shall be the head of the

Department of Military Affairs of the Executive Branch of the 
government of the State and shall be the Commander of the 
Illinois National Guard.

(Source: P.A. 96-509, eff. 1-1-10; 96-733, eff. 1-1-10.)

 



    (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 (i) members of the Illinois National 
Guard or Illinois residents who are members of the reserves of 
the armed forces of the United States who have been called to 
active duty as a result of an emergency declared by the 
President of the United States or Congress or as defined by 
administrative rule of the Department the September 11, 2001 
terrorist attacks; (ii) for the casualty-based grant only: 
Illinois National Guard members or Illinois residents who are 
members of the reserves of the armed forces of the United 
States and who, while deployed in support of operations as 
provided in item (i) of this Section a result of the September 
11th terrorist attacks, sustained an injury as a result of 
terrorist activity; sustained an injury in combat, or related 
to combat, as a direct result of hostile action; or sustained 
an injury going to or returning from a combat mission, provided 
that the incident leading to the injury was directly related to 
hostile action; this includes injuries to service members who 
are wounded mistakenly or accidentally by friendly fire 
directed at a hostile force or what is thought to be a hostile 
force; and (iii) members of the Illinois National Guard who 
have been called to State Active Duty for 30 or more 
consecutive days of duty; and (iv) families
of the classes of 
persons listed in items (i), and (ii), and (iii) of this 
Section. The Department of Military Affairs shall establish

eligibility criteria for all grants by rule.

    On and after the effective date of this amendatory Act of 
the 96th General Assembly, the Department must award at least 
$5,000 to each recipient of a casualty-based grant and must 
include Illinois residents who are active duty members of the 
armed forces of the United States in the eligibility for the 
casualty-based grant in item (ii) of this Section. Each 
recipient may receive only one casualty-based grant for 
injuries received during, or arising out of, the same 
engagement or incident.
    Grants awarded from the Illinois Military Family Relief 
Fund shall not be subject to garnishment, wage levy, 
forfeiture, or other remedy, unless the denial of that remedy 
is inconsistent with the requirements of any other State or 
federal law. 
    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. To prevent a delay of 30 or more days in the payment 
of casualty-based grants, the Department may use, for 
administration of the program, as much as 5% of the 
appropriations designated for  the casualty-based grant 
program. 

(Source: P.A. 96-822, eff. 11-23-09.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.