Full Text of SB2931 98th General Assembly
SB2931 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB2931 Introduced 2/4/2014, by Sen. Michael E. Hastings SYNOPSIS AS INTRODUCED: |
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20 ILCS 1805/14 | from Ch. 129, par. 220.14 |
20 ILCS 1805/22 | from Ch. 129, par. 220.22 |
20 ILCS 1805/22-9 |
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Amends the Military Code of Illinois. Changes the required grade for the position of Adjutant General from Major General to Lieutenant General. Provides that the Adjutant General shall serve as both the Director of the Department of Military Affairs and as the Commander of the Illinois National Guard; makes a conforming change. In the Section concerning the Department of Military
Affairs' power to make grants from the Illinois Military
Family Relief Fund, provides that the Department has the power to make grants to (1) 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 or Congress or as defined by administrative rule of the Department (rather than as a result of the September 11, 2001 terrorist attacks) and (2) members of the Illinois National Guard who have been called to State Active Duty for 30 or more consecutive days of duty; makes conforming changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Military Code of Illinois is amended by | 5 | | changing Sections 14, 22, and 22-9 as follows:
| 6 | | (20 ILCS 1805/14) (from Ch. 129, par. 220.14)
| 7 | | Sec. 14.
The Commander-in-Chief shall appoint from the | 8 | | active officers of
the Illinois National Guard, The Adjutant | 9 | | General, Chief of Staff, with the
grade of Lieutenant Major | 10 | | General. The appointment of the Adjutant General shall be
for a | 11 | | term expiring on the 3rd Monday in January, 1971, and in each
| 12 | | odd-numbered year thereafter. The Adjutant General shall serve | 13 | | as both the Director of the Department of Military Affairs and | 14 | | as the Commander of the Illinois National Guard.
| 15 | | (Source: P.A. 76-931.)
| 16 | | (20 ILCS 1805/22) (from Ch. 129, par. 220.22)
| 17 | | Sec. 22. Adjutant General; duties. The Adjutant General | 18 | | shall be charged with carrying out the
policies of the | 19 | | Commander-in-Chief and shall issue orders in his name.
Orders | 20 | | of the Adjutant General shall be considered as emanating from | 21 | | the
Commander-in-Chief.
| 22 | | (a) He shall be the immediate adviser of the |
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| 1 | | Commander-in-Chief on all
matters relating to the militia and | 2 | | shall be charged with the planning,
development and execution | 3 | | of the program of the military forces
of the State. He shall be | 4 | | responsible for the preparation and execution of
plans, for | 5 | | organizing, supplying, equipping and mobilizing the Organized
| 6 | | Militia, for use in the national defense, and for State | 7 | | defense, and
emergencies.
| 8 | | (b) He shall hold major organization commanders | 9 | | responsible for the
training of their commands, and shall issue | 10 | | all orders and instructions for
the government of the militia | 11 | | and of the officers, warrant officers, and
enlisted personnel | 12 | | therein.
| 13 | | (c) He shall make such returns and reports as may be | 14 | | prescribed by the
Commander-in-Chief or required by the laws or | 15 | | regulations of the State or
of the United States.
| 16 | | (d) He shall, subject to the appropriation of funds by the | 17 | | General Assembly for this purpose, order such personnel of the | 18 | | Illinois National Guard into active service of the State as are | 19 | | required by the Commander-in-Chief to support non-emergency | 20 | | functions of the State, including but not limited to National | 21 | | Guard involvement in training exercises conducted in | 22 | | conjunction with the Illinois Emergency Management Agency. | 23 | | Illinois National Guard personnel placed on duty pursuant to | 24 | | this item (d) shall be paid in accordance with the provisions | 25 | | of Sections 48 and 49. | 26 | | (e) The Adjutant General shall be the head of the
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| 1 | | Department of Military Affairs of the Executive Branch of the | 2 | | government of the State and shall be the Commander of the | 3 | | Illinois National Guard .
| 4 | | (Source: P.A. 96-509, eff. 1-1-10; 96-733, eff. 1-1-10.)
| 5 | | (20 ILCS 1805/22-9)
| 6 | | Sec. 22-9. Power to make grants from the Illinois Military
| 7 | | Family Relief Fund. Subject to appropriation, the Department of | 8 | | Military
Affairs shall have the power to make grants from the | 9 | | Illinois Military
Family Relief Fund, a special fund created in | 10 | | the State treasury, to (i) members of the Illinois National | 11 | | Guard or Illinois residents who are members of the reserves of | 12 | | the armed forces of the United States who have been called to | 13 | | active duty as a result of an emergency declared by the | 14 | | President of the United States or Congress or as defined by | 15 | | administrative rule of the Department the September 11, 2001 | 16 | | terrorist attacks ; (ii) for the casualty-based grant only: | 17 | | Illinois National Guard members or Illinois residents who are | 18 | | members of the reserves of the armed forces of the United | 19 | | States and who, while deployed in support of operations as | 20 | | provided in item (i) of this Section a result of the September | 21 | | 11th terrorist attacks , sustained an injury as a result of | 22 | | terrorist activity; sustained an injury in combat, or related | 23 | | to combat, as a direct result of hostile action; or sustained | 24 | | an injury going to or returning from a combat mission, provided | 25 | | that the incident leading to the injury was directly related to |
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| 1 | | hostile action; this includes injuries to service members who | 2 | | are wounded mistakenly or accidentally by friendly fire | 3 | | directed at a hostile force or what is thought to be a hostile | 4 | | force; and (iii) members of the Illinois National Guard who | 5 | | have been called to State Active Duty for 30 or more | 6 | | consecutive days of duty; and (iv) families
of the classes of | 7 | | persons listed in items (i) , and (ii) , and (iii) of this | 8 | | Section. The Department of Military Affairs shall establish
| 9 | | eligibility criteria for all grants by rule.
| 10 | | On and after the effective date of this amendatory Act of | 11 | | the 96th General Assembly, the Department must award at least | 12 | | $5,000 to each recipient of a casualty-based grant and must | 13 | | include Illinois residents who are active duty members of the | 14 | | armed forces of the United States in the eligibility for the | 15 | | casualty-based grant in item (ii) of this Section. Each | 16 | | recipient may receive only one casualty-based grant for | 17 | | injuries received during, or arising out of, the same | 18 | | engagement or incident. | 19 | | Grants awarded from the Illinois Military Family Relief | 20 | | Fund shall not be subject to garnishment, wage levy, | 21 | | forfeiture, or other remedy, unless the denial of that remedy | 22 | | is inconsistent with the requirements of any other State or | 23 | | federal law. | 24 | | In addition to amounts transferred into the Fund under | 25 | | Section 510 of the
Illinois Income Tax Act, the State Treasurer | 26 | | shall accept and deposit into the
Fund all gifts, grants,
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| 1 | | transfers, appropriations, and other amounts
from any legal | 2 | | source, public or private, that are
designated for deposit into | 3 | | the Fund. To prevent a delay of 30 or more days in the payment | 4 | | of casualty-based grants, the Department may use, for | 5 | | administration of the program, as much as 5% of the | 6 | | appropriations designated for the casualty-based grant | 7 | | program.
| 8 | | (Source: P.A. 96-822, eff. 11-23-09.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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