HOUSE OF REPRESENTATIVES	H.B. NO.	1203
TWENTY-SEVENTH LEGISLATURE, 2013		H.D. 1
STATE OF HAWAII		S.D. 1
		C.D. 1

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.  The adjutant general shall be appointed and be subject to removal as set forth in section 26-31.

(b)  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.] Constitution of the State of Hawaii.

(c)  Effective July 1, 2013, 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 of at least an O-5, federally recognized as such, in the national guard of the armed forces of any state or territory of the United States, or in the armed forces of the United States or a reserve component thereof; and

(2) Has served as a commissioned officer in one or more of the armed forces of the United States for a total of at least ten years;

provided that preference for the appointment to adjutant general shall be given first to a commissioned officer who has served as an active commissioned officer in the Hawaii national guard of the army, air, or both, for at least five years; provided further that second preference for the appointment to adjutant general shall be given to a commissioned officer who has served as an active commissioned officer in the national guard of the armed forces of any state or territory of the United States."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval; provided that this Act shall not apply to the adjutant general sitting on the effective date of this Act.

Report Title:

National Guard; Adjutant General; Requirements

Description:

Requires an individual to hold or have held a commission of at least an 0-5 to be eligible for promotion to Adjutant General.   Provides first preference for a person who has had at least five years of service as an active commissioned officer in the Hawaii National Guard, whether army, air, or both, for eligibility to serve as Adjutant General.  Provides second preference for National Guard members to serve as Adjutant General over members of the armed forces of the United States or a reserve component thereof.  Grandfathers the current Adjutant General.  (HB1203 CD1)

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