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| Public Act 096-0822 |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Military Code of Illinois is amended by | ||||
changing Section 22-9 as follows:
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(20 ILCS 1805/22-9)
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Sec. 22-9. Power to make grants from the Illinois Military
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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) single persons who are members of | ||||
the Illinois National Guard or Illinois residents who are | ||||
members of the reserves of the armed forces of the United | ||||
States and who have been called to active duty as a result of | ||||
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 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) to families
of the classes of persons listed in items (i) | ||
and (ii) of this Section who are members of the Illinois | ||
National Guard or Illinois residents
who are members of the | ||
reserves of the armed forces of the United States and
who have | ||
been called to active duty as a result of the September 11, | ||
2001
terrorist attacks. The Department of Military Affairs | ||
shall establish
eligibility criteria for all the grants by | ||
rule.
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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,
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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.
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(Source: P.A. 92-886, eff. 2-7-03; 93-506, eff. 8-11-03; | ||
93-976, eff. 8-20-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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