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Session Laws, 2003
Volume 799, Page 625   View pdf image
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ROBERT L. EHRLICH, JR., Governor

Ch. 5

(4)      SHALL HAVE A COMMISSIONED GRADE NOT ABOVE THAT OF
LIEUTENANT GENERAL; AND

(5)      SHALL BE A FULL-TIME EMPLOYEE OF THE DEPARTMENT IN STATE
ACTIVE DUTY STATUS.

(B)     QUALIFICATIONS.

AT THE TIME OF APPOINTMENT, THE ADJUTANT GENERAL SHALL:

(1)      HAVE AT LEAST 10 YEARS OF COMMISSIONED FIELD GRADE SERVICE
IN THE NATIONAL GUARD;

(2)      HAVE ATTAINED AT LEAST THE RANK OF COLONEL; AND

(3)      MEET THE REQUIREMENTS FOR FEDERAL RECOGNITION AT THE
RANK OF MAJOR GENERAL.

(C)     GOVERNOR'S EXECUTIVE COUNCIL.

THE ADJUTANT GENERAL IS A MEMBER OF THE GOVERNOR'S EXECUTIVE
COUNCIL.

(D)  ACTING ADJUTANT GENERAL.

IF THE ADJUTANT GENERAL IS ORDERED INTO THE ACTIVE MILITARY SERVICE
OF THE UNITED STATES, THE GOVERNOR MAY DESIGNATE AN ACTING ADJUTANT
GENERAL TO EXERCISE THE DUTIES OF THE ADJUTANT GENERAL DURING THE
PERIOD THE ADJUTANT GENERAL IS ON ACTIVE MILITARY SERVICE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 10-101 and former Art. 65, § 9(a)(1) and (2),
(d), (k), and, as they related to full-time employment in active duty status,
(e) and (j), and the second and third sentences and the first clause of the
first sentence of § 10.

In subsection (a)(1) of this section, the term "Department" is substituted
for the former obsolete reference to the "Department of the Militia".

Also in subsection (a)(1) of this section, the former references to the
Adjutant General "having and exercising the rights, powers, duties,
obligations and functions now or hereafter conferred by law" and "be[ing]
in control of the Military Department of the State" are deleted as implicit
in the statement that the Adjutant General is the head of the Military
Department.

In subsection (a)(5) of this section, the former reference to the Adjutant
General being "military personnel" is deleted as included in the reference
to being in "State active duty status".

In the introductory language of subsection (b) of this section, the reference
to "at the time of appointment" is added to state explicitly what was
formerly only implied in subsection (b)(1) and (2) of this section, i.e., that

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Session Laws, 2003
Volume 799, Page 625   View pdf image
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