Rep. Jerry F. Costello, II

Filed: 4/8/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3833

2    AMENDMENT NO. ______. Amend House Bill 3833 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Military Code of Illinois is amended by
5changing 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
8active officers of the Illinois National Guard, The Adjutant
9General, Chief of Staff, with the grade of Major General. The
10appointment of the Adjutant General shall be for a term
11expiring on the 3rd Monday in January, 1971, and in each
12odd-numbered year thereafter. The Adjutant General shall serve
13as both the Director of the Department of Military Affairs and
14as the Commander of the Illinois National Guard.
15(Source: P.A. 76-931.)
 

 

 

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1    (20 ILCS 1805/22)  (from Ch. 129, par. 220.22)
2    Sec. 22. Adjutant General; duties. The Adjutant General
3shall be charged with carrying out the policies of the
4Commander-in-Chief and shall issue orders in his name. Orders
5of the Adjutant General shall be considered as emanating from
6the Commander-in-Chief.
7    (a) He shall be the immediate adviser of the
8Commander-in-Chief on all matters relating to the militia and
9shall be charged with the planning, development and execution
10of the program of the military forces of the State. He shall be
11responsible for the preparation and execution of plans, for
12organizing, supplying, equipping and mobilizing the Organized
13Militia, for use in the national defense, and for State
14defense, and emergencies.
15    (b) He shall hold major organization commanders
16responsible for the training of their commands, and shall issue
17all orders and instructions for the government of the militia
18and of the officers, warrant officers, and enlisted personnel
19therein.
20    (c) He shall make such returns and reports as may be
21prescribed by the Commander-in-Chief or required by the laws or
22regulations of the State or of the United States.
23    (d) He shall, subject to the appropriation of funds by the
24General Assembly for this purpose, order such personnel of the
25Illinois National Guard into active service of the State as are
26required by the Commander-in-Chief to support non-emergency

 

 

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1functions of the State, including but not limited to National
2Guard involvement in training exercises conducted in
3conjunction with the Illinois Emergency Management Agency.
4Illinois National Guard personnel placed on duty pursuant to
5this item (d) shall be paid in accordance with the provisions
6of Sections 48 and 49.
7    (e) The Adjutant General shall be the head of the
8Department of Military Affairs of the Executive Branch of the
9government of the State and shall be the Commander of the
10Illinois National Guard.
11(Source: P.A. 96-509, eff. 1-1-10; 96-733, eff. 1-1-10.)
 
12    (20 ILCS 1805/22-9)
13    Sec. 22-9. Power to make grants from the Illinois Military
14Family Relief Fund. Subject to appropriation, the Department of
15Military Affairs shall have the power to make grants from the
16Illinois Military Family Relief Fund, a special fund created in
17the State treasury, to (i) members of the Illinois National
18Guard or Illinois residents who are members of the reserves of
19the armed forces of the United States who have been called to
20active duty as a result of an emergency declared by the
21President of the United States or Congress or as defined by
22administrative rule of the Department the September 11, 2001
23terrorist attacks; (ii) for the casualty-based grant only:
24Illinois National Guard members or Illinois residents who are
25members of the reserves of the armed forces of the United

 

 

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1States and who, while deployed in support of operations as
2provided in item (i) of this Section a result of the September
311th terrorist attacks, sustained an injury as a result of
4terrorist activity; sustained an injury in combat, or related
5to combat, as a direct result of hostile action; or sustained
6an injury going to or returning from a combat mission, provided
7that the incident leading to the injury was directly related to
8hostile action; this includes injuries to service members who
9are wounded mistakenly or accidentally by friendly fire
10directed at a hostile force or what is thought to be a hostile
11force; and (iii) members of the Illinois National Guard who
12have been called to State Active Duty for 30 or more
13consecutive days of duty; and (iv) families of the classes of
14persons listed in items (i), and (ii), and (iii) of this
15Section. The Department of Military Affairs shall establish
16eligibility criteria for all grants by rule.
17    On and after the effective date of this amendatory Act of
18the 96th General Assembly, the Department must award at least
19$5,000 to each recipient of a casualty-based grant and must
20include Illinois residents who are active duty members of the
21armed forces of the United States in the eligibility for the
22casualty-based grant in item (ii) of this Section. Each
23recipient may receive only one casualty-based grant for
24injuries received during, or arising out of, the same
25engagement or incident.
26    Grants awarded from the Illinois Military Family Relief

 

 

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1Fund shall not be subject to garnishment, wage levy,
2forfeiture, or other remedy, unless the denial of that remedy
3is inconsistent with the requirements of any other State or
4federal law.
5    In addition to amounts transferred into the Fund under
6Section 510 of the Illinois Income Tax Act, the State Treasurer
7shall accept and deposit into the Fund all gifts, grants,
8transfers, appropriations, and other amounts from any legal
9source, public or private, that are designated for deposit into
10the Fund. To prevent a delay of 30 or more days in the payment
11of casualty-based grants, the Department may use, for
12administration of the program, as much as 5% of the
13appropriations designated for the casualty-based grant
14program.
15(Source: P.A. 96-822, eff. 11-23-09.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".