Bill Text: NC H1048 | 2013-2014 | Regular Session | Amended
Bill Title: AG Selection Criteria/NCNG Amendments
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2014-08-06 - Ch. SL 2014-106 [H1048 Detail]
Download: North_Carolina-2013-H1048-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 1
HOUSE BILL 1048*
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Short Title: AG Selection Criteria/Amendments. |
(Public) |
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Sponsors: |
Representative Hastings (Primary Sponsor). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site. |
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Referred to: |
Homeland Security, Military, and Veterans Affairs. |
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May 15, 2014
A BILL TO BE ENTITLED
AN ACT to amend the selection criteria for Adjutant General of the north Carolina national guard, As recommended by the Legislative Research Commission COMMITTEE ON CIVILIAN CREDIT for Military Training and State Adjutant General Selection Criteria.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 127A‑19 reads as rewritten:
"§ 127A‑19. Adjutant General.
(a) The military head of the militia shall be
the Adjutant General who shall hold the rank of major general. general
with federal recognition at time of appointment, or attain the rank of major
general pursuant to this section. The Adjutant General shall be appointed
by the Governor in the Governor's capacity as commander in chief of the
militia, in consultation with the Secretary of Public Safety, and shall serve
at the pleasure of the Governor. No person shall be appointed as Adjutant
General who has less than five years' commissioned service in an active status
in any component of the Armed Forces of the United States. The Adjutant
General, while holding this office, may shall be a member of the
active North Carolina National Guard or naval militia.Guard. If an
appointed Adjutant General does not attain the rank of major general with
federal recognition within a reasonable period of time from the date of
appointment, the Governor shall replace the Adjutant General with an appointee
who meets the criteria in this section. A "reasonable period of time"
shall take into account time in grade requirements for promotion or promotions
and administrative periods necessary to complete the promotion process.
(b) In order to be eligible for appointment as Adjutant General, a person shall be a resident of the State of North Carolina and meet all of the following requirements:
(1) The person shall have a minimum of 10 years commissioned service in (i) the Armed Forces of the United States, (ii) the Reserve Armed Forces of the United States, or (iii) a combination of (i) and (ii).
(2) A minimum of three years commissioned service in the North Carolina Army or Air National Guard within the six-year period previous to the appointment date.
(3) The person, at the time of appointment, shall be one of the following:
a. A major general with federal recognition or who is eligible for federal recognition.
b. A brigadier general with federal recognition or who is eligible for federal recognition and who is eligible for promotion to major general with federal recognition.
c. A colonel with federal recognition or who is eligible for federal recognition; who is eligible for promotion and federal recognition as a brigadier general; and who is eligible for promotion to major general with federal recognition.
(4) The person shall have completed all service school or other criteria for promotion to general officer with federal recognition.
(5) The person shall have a minimum of 12 months in command of either (i) a North Carolina National Guard unit or (ii) a unit in any component of the Armed Forces of the United States.
(c) Subject to the approval of the Governor and
in consultation with the Secretary of Public Safety, the Adjutant General may appoint
appoint:
(1) A deputy adjutant general, who may hold the same rank as the Adjutant General.
(2) An assistant adjutant general for the Army National Guard and an assistant adjutant general for the Air National Guard, each of whom may hold the rank of brigadier general.
The appointees authorized by this subsection shall serve at the pleasure of the Governor. The Adjutant General may also employ staff members and other personnel as authorized by the Secretary and funded.
(i) a deputy adjutant general who may hold the rank of
major general, and (ii) an assistant adjutant general for Army National Guard,
and an assistant adjutant general for Air National Guard, each of whom may hold
the rank of brigadier general and who shall serve at the pleasure of the
Governor. The Adjutant General may also employ staff members and other
personnel as authorized by the Secretary and funded."
SECTION 2. This act becomes effective July 1, 2014, and applies to appointments on or after that date.
