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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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 Lieutenant Major
10General. The appointment of the Adjutant General shall be for a
11term expiring 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.)
 
16    (20 ILCS 1805/22)  (from Ch. 129, par. 220.22)
17    Sec. 22. Adjutant General; duties. The Adjutant General
18shall be charged with carrying out the policies of the
19Commander-in-Chief and shall issue orders in his name. Orders
20of the Adjutant General shall be considered as emanating from
21the Commander-in-Chief.
22    (a) He shall be the immediate adviser of the

 

 

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1Commander-in-Chief on all matters relating to the militia and
2shall be charged with the planning, development and execution
3of the program of the military forces of the State. He shall be
4responsible for the preparation and execution of plans, for
5organizing, supplying, equipping and mobilizing the Organized
6Militia, for use in the national defense, and for State
7defense, and emergencies.
8    (b) He shall hold major organization commanders
9responsible for the training of their commands, and shall issue
10all orders and instructions for the government of the militia
11and of the officers, warrant officers, and enlisted personnel
12therein.
13    (c) He shall make such returns and reports as may be
14prescribed by the Commander-in-Chief or required by the laws or
15regulations of the State or of the United States.
16    (d) He shall, subject to the appropriation of funds by the
17General Assembly for this purpose, order such personnel of the
18Illinois National Guard into active service of the State as are
19required by the Commander-in-Chief to support non-emergency
20functions of the State, including but not limited to National
21Guard involvement in training exercises conducted in
22conjunction with the Illinois Emergency Management Agency.
23Illinois National Guard personnel placed on duty pursuant to
24this item (d) shall be paid in accordance with the provisions
25of Sections 48 and 49.
26    (e) The Adjutant General shall be the head of the

 

 

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1Department of Military Affairs of the Executive Branch of the
2government of the State and shall be the Commander of the
3Illinois 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
7Family Relief Fund. Subject to appropriation, the Department of
8Military Affairs shall have the power to make grants from the
9Illinois Military Family Relief Fund, a special fund created in
10the State treasury, to (i) members of the Illinois National
11Guard or Illinois residents who are members of the reserves of
12the armed forces of the United States who have been called to
13active duty as a result of an emergency declared by the
14President of the United States or Congress or as defined by
15administrative rule of the Department the September 11, 2001
16terrorist attacks; (ii) for the casualty-based grant only:
17Illinois National Guard members or Illinois residents who are
18members of the reserves of the armed forces of the United
19States and who, while deployed in support of operations as
20provided in item (i) of this Section a result of the September
2111th terrorist attacks, sustained an injury as a result of
22terrorist activity; sustained an injury in combat, or related
23to combat, as a direct result of hostile action; or sustained
24an injury going to or returning from a combat mission, provided
25that the incident leading to the injury was directly related to

 

 

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1hostile action; this includes injuries to service members who
2are wounded mistakenly or accidentally by friendly fire
3directed at a hostile force or what is thought to be a hostile
4force; and (iii) members of the Illinois National Guard who
5have been called to State Active Duty for 30 or more
6consecutive days of duty; and (iv) families of the classes of
7persons listed in items (i), and (ii), and (iii) of this
8Section. The Department of Military Affairs shall establish
9eligibility criteria for all grants by rule.
10    On and after the effective date of this amendatory Act of
11the 96th General Assembly, the Department must award at least
12$5,000 to each recipient of a casualty-based grant and must
13include Illinois residents who are active duty members of the
14armed forces of the United States in the eligibility for the
15casualty-based grant in item (ii) of this Section. Each
16recipient may receive only one casualty-based grant for
17injuries received during, or arising out of, the same
18engagement or incident.
19    Grants awarded from the Illinois Military Family Relief
20Fund shall not be subject to garnishment, wage levy,
21forfeiture, or other remedy, unless the denial of that remedy
22is inconsistent with the requirements of any other State or
23federal law.
24    In addition to amounts transferred into the Fund under
25Section 510 of the Illinois Income Tax Act, the State Treasurer
26shall accept and deposit into the Fund all gifts, grants,

 

 

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1transfers, appropriations, and other amounts from any legal
2source, public or private, that are designated for deposit into
3the Fund. To prevent a delay of 30 or more days in the payment
4of casualty-based grants, the Department may use, for
5administration of the program, as much as 5% of the
6appropriations designated for the casualty-based grant
7program.
8(Source: P.A. 96-822, eff. 11-23-09.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.