Rep. Jay C. Hoffman

Filed: 5/22/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2148

2     AMENDMENT NO. ______. Amend Senate Bill 2148, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Military Code of Illinois is amended by
6 changing Section 22-9 as follows:
 
7     (20 ILCS 1805/22-9)
8     Sec. 22-9. Power to make grants from the Illinois Military
9 Family Relief Fund. Subject to appropriation, the Department of
10 Military Affairs shall have the power to make grants from the
11 Illinois Military Family Relief Fund, a special fund created in
12 the State treasury, to (i) single persons who are members of
13 the Illinois National Guard or Illinois residents who are
14 members of the reserves of the armed forces of the United
15 States and who have been called to active duty as a result of
16 the September 11, 2001 terrorist attacks; (ii) for the

 

 

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1 casualty-based grant only: Illinois National Guard members or
2 Illinois residents who are members of the reserves of the armed
3 forces of the United States and who, while deployed in support
4 of operations as a result of the September 11th terrorist
5 attacks, sustained an injury as a result of terrorist activity;
6 sustained an injury in combat, or related to combat, as a
7 direct result of hostile action; or sustained an injury going
8 to or returning from a combat mission, provided that the
9 incident leading to the injury was directly related to hostile
10 action; this includes injuries to service members who are
11 wounded mistakenly or accidentally by friendly fire directed at
12 a hostile force or what is thought to be a hostile force; and
13 (iii) to families of the classes of persons listed in items (i)
14 and (ii) of this Section who are members of the Illinois
15 National Guard or Illinois residents who are members of the
16 reserves of the armed forces of the United States and who have
17 been called to active duty as a result of the September 11,
18 2001 terrorist attacks. The Department of Military Affairs
19 shall establish eligibility criteria for all the grants by
20 rule.
21     On and after the effective date of this amendatory Act of
22 the 96th General Assembly, the Department must award at least
23 $5,000 to each recipient of a casualty-based grant and must
24 include Illinois residents who are active duty members of the
25 armed forces of the United States in the eligibility for the
26 casualty-based grant in item (ii) of this Section. Each

 

 

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1 recipient may receive only one casualty-based grant for
2 injuries received during, or arising out of, the same
3 engagement or incident.
4     Grants awarded from the Illinois Military Family Relief
5 Fund shall not be subject to garnishment, wage levy,
6 forfeiture, or other remedy, unless the denial of that remedy
7 is inconsistent with the requirements of any other State or
8 federal law.
9     In addition to amounts transferred into the Fund under
10 Section 510 of the Illinois Income Tax Act, the State Treasurer
11 shall accept and deposit into the Fund all gifts, grants,
12 transfers, appropriations, and other amounts from any legal
13 source, public or private, that are designated for deposit into
14 the Fund. To prevent a delay of 30 or more days in the payment
15 of casualty-based grants, the Department may use, for
16 administration of the program, as much as 5% of the
17 appropriations designated for the casualty-based grant
18 program.
19 (Source: P.A. 92-886, eff. 2-7-03; 93-506, eff. 8-11-03;
20 93-976, eff. 8-20-04.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.".