2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 1805/ - Military Code of Illinois. › Article IV - The Department Of Military Affairs

(20 ILCS 1805/Art. IV heading)
ARTICLE IV.  
		THE DEPARTMENT OF MILITARY AFFAIRS
(20 ILCS 1805/20) (from Ch. 129, par. 220.20)
Sec. 20. 
There is hereby established in the Executive Branch of the
State Government, a principal department which shall be known as the
Department of Military Affairs. The
Department of Military Affairs shall consist of the Adjutant General; an
Assistant Adjutant General for Army; an Assistant Adjutant General
for Air; and the number of military and civilian employees required.
It is the channel of communication between the Federal Government and the
State of Illinois on all matters pertaining to the State military forces.
(Source: P.A. 99-557, eff. 1-1-17.)
(20 ILCS 1805/20.5)
Sec. 20.5. Division of Family Affairs. Subject to appropriations for this purpose, the Division of Family Affairs is created as a Division within the Department of Military Affairs. The Division shall assist family members of military members who are mobilized or in service abroad. This assistance shall include, but need not be limited to, advocacy to help such family members access all available State services that are provided through the Department or any other State agency.
(Source: P.A. 99-557, eff. 1-1-17.)
(20 ILCS 1805/21) (from Ch. 129, par. 220.21)
Sec. 21. 
The Assistant Adjutant General for Army shall be the chief administrative
assistant to the Adjutant General for Army matters and the Assistant Adjutant
General for Air shall be the chief administrative assistant to the Adjutant
General for Air matters and both shall perform such duties as may be directed
by the Adjutant General. In the event of the death or disability of the Adjutant
General or any other occurrence that creates a vacancy in the office, the Commander-in-Chief shall designate
either the Assistant Adjutant General for Army or the Assistant Adjutant
General for Air as the Acting Adjutant General to perform the duties of the office until an Adjutant General is appointed.
(Source: P.A. 100-1030, eff. 8-22-18; 101-81, eff. 7-12-19.)
(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 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 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) The Adjutant General shall be the head of the
Department of Military Affairs of the Executive Branch of the government of the State and shall be the Commander of the Illinois National Guard.
(Source: P.A. 98-694, eff. 7-3-14.)
(20 ILCS 1805/22-1) (from Ch. 129, par. 220.22-1)
Sec. 22-1. 
		
		The Adjutant General has the power and authority to enter into contracts
and agreements in the name of the State of Illinois with the Federal
government on any and all matters relating to the organizing, training,
equipping, quartering and maintenance of the Illinois National Guard.
(Source: P.A. 85-1241.)
(20 ILCS 1805/22-2) (from Ch. 129, par. 220.22-2)
Sec. 22-2. 
The Adjutant General shall have the power and authority to
sell, at a fair market price, Illinois National Guard facilities and lands
under his jurisdiction when in his judgment such facilities and lands are obsolete,
inadequate, unusable or no longer required for Illinois National Guard purposes.
All such sales shall be subject to the written approval of the Governor.
Where the sale price of the facility exceeds 3.5 million dollars, and the facility
 is located in any county with a population of 1 million or more,
the authorization of the General Assembly will be required for the sale of such facility.
(Source: P.A. 97-764, eff. 7-6-12.)
(20 ILCS 1805/22-3) (from Ch. 129, par. 220.22-3)
Sec. 22-3. 
All monies received from the sale of Illinois National Guard
facilities and lands pursuant to authority contained in Section 22-2, all moneys received from the transfer or exchange of any realty under the control of the Department pursuant to authority contained in Section 22-5, and all funds received from the federal government under terms of the Federal Master Cooperative Agreement related to constructing and maintaining real property between the Department of Military Affairs and the United States Property and Fiscal Officer for Illinois shall
be paid into the State Treasury without delay and shall be deposited into
a special fund to be known as the Illinois National Guard Construction
Fund.  The monies in this fund shall be used exclusively by the Adjutant
General for the purpose of acquiring building sites, constructing new
facilities, rehabilitating existing facilities, and making other capital improvements.  Expenditures from this fund shall be subject to appropriation
by the General Assembly.
(Source: P.A. 100-815, eff. 8-13-18.)
(20 ILCS 1805/22-4) (from Ch. 129, par. 220.22-4)
Sec. 22-4. 
		
		The Adjutant General shall have the power and authority to
grant licenses and rights-of-way within the areas controlled by the Department
for construction, operation and maintenance upon, under or across such property,
of facilities for water, sewage, telephone, telegraph, electric, gas or
other public service, subject to such terms and conditions as may be determined
by the Department.
(Source: P.A. 83-899.)
(20 ILCS 1805/22-5) (from Ch. 129, par. 220.22-5)
Sec. 22-5. 
		
		The Adjutant General shall have the power and authority to
transfer jurisdiction of or exchange any realty under the control of the
Department to any other Department of the State government, or to any agency
of the Federal government, or to any unit of local government when such
transfer is authorized by the General Assembly.
(Source: P.A. 85-889.)
(20 ILCS 1805/22-6)
Sec. 22-6. (Repealed).
(Source: P.A. 97-764, eff. 7-6-12. Repealed by P.A. 100-815, eff. 8-13-18.)
(20 ILCS 1805/22-7) (from Ch. 129, par. 220.22-7)
Sec. 22-7. 
		(Repealed).
(Source: P.A. 90-372, eff. 7-1-98.  Repealed internally, eff. 7-1-98.)
(20 ILCS 1805/22-8)
Sec. 22-8. 
		Funds and monies made available by public or private entities. 
		The Department may apply for, receive, expend, allocate, or disburse funds and
moneys made available by public or private entities, including, but not limited
to, contracts, private or public financial gifts, bequests, grants, or
donations from individuals, corporations, or foundations.
All
funds received by the Department from these sources shall be deposited into
the Military Affairs Trust Fund created by this amendatory Act of 1993.  All
moneys expended by the Department of Military Affairs from this Fund shall be
appropriated by the General Assembly for the purposes as indicated by the
grantor, donor or, in the case of funds or moneys given or donated for no
specific purpose, for any purpose deemed appropriate by the Director in
administering the responsibilities of the Department as set forth in the
Military Code of Illinois.
(Source: P.A. 88-183.)
(20 ILCS 1805/22-9)
Sec. 22-9. Power to make grants from the Illinois Military
Family Relief Fund.  Subject to appropriation, the Department of Military
Affairs shall have the power to make grants from the Illinois Military
Family Relief Fund, a special fund created in the State treasury, to (i) 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 of the United States or Congress or as defined by administrative rule of the Department; (ii) for the casualty-based grant only: Illinois National Guard members or Illinois residents who are members of the reserves of the armed forces of the United States and who, while deployed in support of operations as provided in item (i) of this Section, sustained an injury as a result of terrorist activity; sustained an injury in combat, or related to combat, as a direct result of hostile action; or sustained an injury going to or returning from a combat mission, provided that the incident leading to the injury was directly related to hostile action; this includes injuries to service members who are wounded mistakenly or accidentally by friendly fire directed at a hostile force or what is thought to be a hostile force; (iii) members of the Illinois National Guard who have been called to State Active Duty for 30 or more consecutive days of duty; and (iv) families
of the classes of persons listed in items (i), (ii), and (iii) of this Section. The Department of Military Affairs shall establish
eligibility criteria for all grants by rule.
On and after the effective date of this amendatory Act of the 96th General Assembly, the Department must award at least $5,000 to each recipient of a casualty-based grant and must include Illinois residents who are active duty members of the armed forces of the United States in the eligibility for the casualty-based grant in item (ii) of this Section. Each recipient may receive only one casualty-based grant for injuries received during, or arising out of, the same engagement or incident.
Grants awarded from the Illinois Military Family Relief Fund shall not be subject to garnishment, wage levy, forfeiture, or other remedy, unless the denial of that remedy is inconsistent with the requirements of any other State or federal law.
In addition to amounts transferred into the Fund under Section 510 of the
Illinois Income Tax Act, the State Treasurer shall accept and deposit into the
Fund all gifts, grants,
transfers, appropriations, and other amounts
from any legal source, public or private, that are
designated for deposit into the Fund. To prevent a delay of 30 or more days in the payment of casualty-based grants, the Department may use, for administration of the program, as much as 5% of the appropriations designated for  the casualty-based grant program.
(Source: P.A. 98-694, eff. 7-3-14.)
(20 ILCS 1805/22-9.1)
Sec. 22-9.1. National Guard billeting operations; fund.
(a) Billeting operations. The Department of Military Affairs is authorized to provide oversight and administration of billeting operations conducted by the Illinois National Guard at locations within the State, including, but not limited to, Marseilles Training Center, Camp Lincoln, and any other training sites where military billeting operations may be established.
(b) Illinois National Guard Billeting Fund. The Illinois National Guard Billeting Fund is created as a special, non-appropriated fund in the State treasury.  The Fund shall receive proceeds collected by the Department of Military Affairs in exchange for the provision of billets at any site within the State where military billeting operations are established or conducted.  Moneys within the Fund shall be used to pay the expenses of billeting operations not eligible for payment with federal or State appropriated funds, including, but not limited to, the procurement of items for billeting rooms, cleaning, linen, and maintenance.  The Department of Military Affairs shall administer the Fund in accordance with the laws of this State, applicable federal requirements governing the use of such funds, and appropriate rules and procedures established by the Adjutant General.
(Source: P.A. 98-733, eff. 7-16-14.)
(20 ILCS 1805/22-10)
Sec. 22-10. (Repealed).
(Source: P.A. 99-557, eff. 1-1-17. Repealed by P.A. 100-1101, eff. 1-1-19.)
(20 ILCS 1805/23) (from Ch. 129, par. 220.23)
Sec. 23. 
		
		
		The Adjutant General shall keep a record of the appointments of
officers, warrant officers, and noncommissioned officers. He shall have
general charge of recruiting and records of enlistments and discharges, and
keep the military history of personnel of the State forces.
(Source: Laws 1957, p. 2141.)
(20 ILCS 1805/24) (from Ch. 129, par. 220.24)
Sec. 24. 
The Adjutant General shall have charge of all correspondence and
the records thereof pertaining to his office, and shall file for record all
returns of troops, all reports and records of field service, drills and 
instruction, and of all active service performed by troops of the State in
service of the State or of the United States.
(Source: P.A. 99-557, eff. 1-1-17.)
(20 ILCS 1805/24.1) (from Ch. 129, par. 220.24-1)
Sec. 24.1. 
		
		The Adjutant General is authorized to negotiate and enter into
contracts on behalf of all civilian employees of the Army National Guard
and Air National Guard under his jurisdiction for membership in an employee
retirement, disability or death benefits system, and membership in a group
health insurance program, and to enter into agreements with the Secretary
of Defense of the United States of America for withholding sums from the
compensation of such civilian employees for contributions to such system or
program. The Adjutant General is also authorized to designate who shall
receive the sums withheld for contributions to the system or program
authorized by this Section.
(Source: Laws 1965, p. 2574.)
(20 ILCS 1805/25) (from Ch. 129, par. 220.25)
Sec. 25. 
		
		The Adjutant General shall have charge of and carefully preserve
the colors, flags, guidons and military trophies of war belonging to the
State. He may, for the purpose of enabling wider public display, make loans
of these items to the Federal government, other State governments, and to
recognized museums. He shall furnish, at the expense of the State,
blanks and forms, and such military publications as required.
Prior to September 1 of each year, or at such other time as prescribed by
the Governor, the Adjutant General shall file with the Office of the Governor a
report listing each item loaned during the previous fiscal year and prior
fiscal years, the terms and conditions of each loan, and the federal or State
governmental office or recognized museum to which each item has been loaned.
(Source: P.A. 91-826, eff. 6-13-00.)
(20 ILCS 1805/25.5)
Sec. 25.5. 
		(Repealed).
(Source: P.A. 92-600, eff. 7-1-02.  Repealed internally, eff. 1-1-03.)
(20 ILCS 1805/25.6)
Sec. 25.6. (Repealed).
(Source: P.A. 93-433, eff. 8-5-03. Repealed internally, eff. 1-1-06.)
(20 ILCS 1805/26) (from Ch. 129, par. 220.26)
Sec. 26. 
		
		On or before the first day of November next preceding the regular
session of the General Assembly, The Adjutant General shall make out a full
and detailed report to the Governor of all the transactions of his office,
including receipts and expenditures of all appropriated funds. In preparing
his account of the money paid out and expended, he shall group the
expenditures made from each separate appropriation under the objects and
purposes as classified and standardized in Section 13 of "An Act in
Relation to State Finance", approved June 10, 1919, as amended. The
Adjutant General shall also report upon such other matters at such times as
shall be required by the Commander-in-Chief.
(Source: Laws 1957, p. 2141.)
(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, 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. 96-509, eff. 1-1-10; 96-733, eff. 1-1-10.)
(20 ILCS 1805/27.5)
Sec. 27.5. Publication of rights and responsibilities. The Department must create a publication setting forth the rights and responsibilities of service members under State and federal law. The Department must make this publication available through printed or electronic means to service members, their families, and organizations that assist service members, veterans, or their families.
(Source: P.A. 93-833, eff. 7-28-04.)
(20 ILCS 1805/28) (from Ch. 129, par. 220.28)
Sec. 28. 
When the Commander-in-Chief proclaims a time of public danger or
when an emergency exists, the Adjutant General may purchase or authorize
the purchase of stores and supplies in accordance with the emergency purchase provisions in the Illinois Procurement Code.
(Source: P.A. 99-557, eff. 1-1-17; 100-201, eff. 8-18-17.)