Bill Text: IL HB0820 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Military Code of Illinois. Provides for the Adjutant General (i) to order Illinois National Guard personnel into active service for certain nonemergency functions and (ii) to make rules concerning military installations in conformity with federal rules. Provides for personnel to receive medical and dental treatment for injuries incurred "while on duty and lawfully performing the same" and to be treated for injuries, wounds, and disabilities at the nearest appropriate medical facility if a medical officer is not detailed. Provides for payment of medical treatment by the State.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2009-08-14 - Public Act . . . . . . . . . 96-0509 [HB0820 Detail]

Download: Illinois-2009-HB0820-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Military Code of Illinois is amended by
changing Sections 22, 27, 52, and 55 as follows:
(20 ILCS 1805/22) (from Ch. 129, par. 220.22)
Sec. 22. Adjutant General; duties. The Adjutant General
shall be charged with carrying out the policies of the
Commander-in-Chief and shall issue orders in his name. Orders
of the The Adjutant General shall be considered as emanating
from the Commander-in-Chief.
(a) He shall be the immediate adviser of the
Commander-in-Chief on all matters relating to the militia and
shall be charged with the planning, development and execution
of the program of the military forces of the State. He shall be
responsible for the preparation and execution of plans, for
organizing, supplying, equipping and mobilizing the Organized
Militia, for use in the national defense, and for State
defense, and emergencies.
(b) He shall hold major organization commanders
responsible for the training of their commands, and shall issue
all orders and instructions for the government of the militia
and of the officers, warrant officers, and enlisted personnel

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therein.
(c) He shall make such returns and reports as may be
prescribed by the Commander-in-Chief or required by the laws or
regulations of the State or of the United States.
(d) He shall, subject to the appropriation of funds by the
General Assembly for this purpose, order such personnel of the
Illinois National Guard into active service of the State as are
required by the Commander-in-Chief to support non-emergency
functions of the State, including but not limited to National
Guard involvement in training exercises conducted in
conjunction with the Illinois Emergency Management Agency.
Illinois National Guard personnel placed on duty pursuant to
this item (d) shall be paid in accordance with the provisions
of Sections 48 and 49.
(e) (d) The Adjutant General shall be the head of the
Department of Military Affairs of the Executive Branch of the
government of the State.
(Source: P.A. 85-1241.)
(20 ILCS 1805/27) (from Ch. 129, par. 220.27)
Sec. 27. Military installations; supervision, safety,
health, and security. The Adjutant General shall be responsible
for and have supervision of all military installations,
facilities, armories, grounds, buildings, property, and
equipment of the Illinois Army and Air National Guard. The
Adjutant General may make rules governing the safety, health,

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and security of the personnel, facilities, property, and
equipment on those military installations in conformity with
rules and regulations in effect on federal military
installations.
(Source: P.A. 85-1241.)
(20 ILCS 1805/52) (from Ch. 129, par. 220.52)
Sec. 52. Injured or disabled personnel; treatment;
compensation. Officers, warrant officers, or enlisted
personnel of the Illinois National Guard who may be injured in
any way, including without limitation through illness, while on
duty and lawfully performing the same, are entitled to be
treated by an officer of the medical or dental department
detailed by the Adjutant General, or at the nearest appropriate
medical treatment facility if such an officer is not detailed.
Officers, warrant officers, or enlisted personnel of the
Illinois National Guard who may be wounded or disabled in any
way, while on duty and lawfully performing the same, so as to
prevent their working at their profession, trade, or other
occupation from which they gain their living, are entitled to
be treated by an officer of the medical or dental department
detailed by the The Adjutant General, or at the nearest
appropriate medical treatment facility if such an officer is
not detailed, and, as long as the Illinois National Guard has
not been called into federal service, are entitled to all
privileges due them as State employees under the "Workers'

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Compensation Act", approved July 9, 1951, as now or hereafter
amended, and the "Workers' Occupational Diseases Act",
approved July 9, 1951, as now or hereafter amended. For
purposes of this Section, injured, wounded, or disabled "while
on duty and lawfully performing the same" means incurring an
injury, wound, or disability while in a State military status
pursuant to orders of the Commander-in-Chief, except when the
injury, wound, or disability is caused by the officer's,
warrant officer's, or enlisted personnel's own misconduct.
(Source: P.A. 85-1241.)
(20 ILCS 1805/55) (from Ch. 129, par. 220.55)
Sec. 55. Medical and hospital charges paid by State.
Necessary medical treatment and hospital charges incurred in
cases stated in Sections 52 and 53 hereof, and for beds in open
or general wards shall be paid by the State on proper vouchers
made out by the attending medical or dental officers and
approved by the The Adjutant General.
(Source: Laws 1957, p. 2141.)