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.