SB1955 96TH GENERAL ASSEMBLY

LRB096 07703 RCE 17804 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1955

Introduced 2/20/2009, by Sen. Toi W. Hutchinson

SYNOPSIS AS INTRODUCED:

20 ILCS 1805/22	from Ch. 129, par. 220.22
20 ILCS 1805/27	from Ch. 129, par. 220.27
20 ILCS 1805/52	from Ch. 129, par. 220.52
20 ILCS 1805/55	from Ch. 129, par. 220.55

Amends the Military Code of Illinois. Provides for the Adjutant General (i) to order Illinois National Guard personnel into active service for certain nonemergency functions and (ii) to make rules concerning military installations in conformity with federal rules. Provides for personnel to receive medical and dental treatment for injuries incurred "while on duty and lawfully performing the same" and to be treated for injuries, wounds, and disabilities at the nearest appropriate medical facility if a medical officer is not detailed. Provides for payment of medical treatment by the State.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 22, 27, 52, and 55 as follows:

(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 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) (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 1805/27) (from Ch. 129, par. 220.27)

Sec. 27. Military installations; supervision, safety, health, and security. 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. The Adjutant General may make rules governing the safety, health, and security of the personnel, facilities, property, and equipment on those military installations in conformity with rules and regulations in effect on federal military installations.

(Source: P.A. 85-1241.)

(20 ILCS 1805/52) (from Ch. 129, par. 220.52)

Sec. 52. Injured or disabled personnel; treatment; compensation. Officers, warrant officers, or enlisted personnel of the Illinois National Guard who may be injured in any way, including without limitation through illness, while on duty and lawfully performing the same, are entitled to be treated by an officer of the medical or dental department detailed by the Adjutant General, or at the nearest appropriate medical treatment facility if such an officer is not detailed. Officers, warrant officers, or enlisted personnel of the Illinois National Guard who may be wounded or disabled in any way, while on duty and lawfully performing the same, so as to prevent their working at their profession, trade, or other occupation from which they gain their living, are entitled to be treated by an officer of the medical or dental department detailed by the The Adjutant General, or at the nearest appropriate medical treatment facility if such an officer is not detailed, and, as long as the Illinois National Guard has not been called into federal service, are entitled to all privileges due them as State employees under the "Workers' Compensation Act", approved July 9, 1951, as now or hereafter amended, and the "Workers' Occupational Diseases Act", approved July 9, 1951, as now or hereafter amended. For purposes of this Section, injured, wounded, or disabled "while on duty and lawfully performing the same" means incurring an injury, wound, or disability while in a State military status pursuant to orders of the Commander-in-Chief, except when the injury, wound, or disability is caused by the officer's, warrant officer's, or enlisted personnel's own misconduct.

(Source: P.A. 85-1241.)

(20 ILCS 1805/55) (from Ch. 129, par. 220.55)

Sec. 55. Medical and hospital charges paid by State. Necessary medical treatment and hospital charges incurred in cases stated in Sections 52 and 53 hereof, and for beds in open or general wards shall be paid by the State on proper vouchers made out by the attending medical or dental officers and approved by the The Adjutant General.

(Source: Laws 1957, p. 2141.)