Report Title:

National Guard; Adjutant General; Deputy Adjutant General

Description:

Prohibits, effective 7/1/04, a person from being deemed eligible to serve, continuing to serve, or being appointed to serve as adjutant general or deputy adjutant general unless the person has had at least 5 years of service as an active commissioned officer in the Hawaii national guard, whether army, or air, or both.

HOUSE OF REPRESENTATIVES

H.B. NO.

1740

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the national guard.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 121-7, Hawaii Revised Statutes, is amended to read as follows:

"§121-7 Adjutant general; appointment. (a) The adjutant general shall be the executive head of the department of defense and commanding general of the militia of the State.

(b) The adjutant general shall be appointed and be subject to removal as set forth in section 26-31. The adjutant general shall serve for the term as set forth in section 6, article V, of the Constitution. [No person shall be eligible for appointment as adjutant general unless the person holds or has held a commission of at least a field grade officer, federally recognized as such, or its equivalent in the national guard, state defense force, or other branch of the armed forces of this or any other state or territory of the United States, or in the armed forces of the United States or a reserve component thereof and has served as a commissioned officer in one or more of the armed services for at least ten years.]

(c) Effective July 1, 2004, no person shall be eligible to serve, continue to serve, or be appointed to serve as adjutant general unless the person:

(1) Holds or has held a commission as an officer at the rank of at least O-5, federally recognized as such, in the national guard of the armed forces of this or any other state or territory of the United States, or in the armed forces of the United States or a reserve component thereof and has served as a commissioned officer in one or more of the armed forces for at least ten years; and

(2) Has had at least five years of service as an active commissioned officer in the Hawaii national guard, whether army, or air, or both."

SECTION 2. Section 121-11, Hawaii Revised Statutes, is amended to read as follows:

"§121-11 Deputy adjutant general. [The adjutant general may appoint and remove at the adjutant general's pleasure a deputy adjutant general, who shall have a grade no higher than brigadier general.] (a) The deputy adjutant general shall:

(1) Be appointed and be subject to removal as set forth in section 26-31;

(2) Serve for the term as set forth in section 6, article V, of the Constitution; and

(3) Have a grade no higher than brigadier general.

(b) The deputy adjutant general shall perform duties assigned to the deputy adjutant general by the adjutant general and shall act for and in the place of the adjutant general during the adjutant general's absence or disability.

(c) Effective July 1, 2004, no person shall be eligible to serve, continue to serve, or be appointed to serve as deputy adjutant general unless the person:

(1) Holds or has held a commission as an officer at the rank of at least O-5, federally recognized as such, in the national guard of the armed forces of this or any other state or territory of the United States, or in the armed forces of the United States or a reserve component thereof and has served as a commissioned officer in one or more of the armed forces for at least ten years; and

(2) Has had at least five years of service as an active commissioned officer in the Hawaii national guard, whether army, or air, or both."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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