Full Text of SB2931 98th General Assembly
SB2931eng 98TH GENERAL ASSEMBLY |
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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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