HBill.html

To amend Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, so as to change certain provisions relating to the office of adjutant general; to provide for the rank of the adjutant general and for the pay and allowances for such officer; to provide for the applicability of certain provisions of law; to change certain provisions relating to the office of an assistant adjutant general; to provide for the rank of an assistant adjutant general and for the pay and allowances for such officers; to provide an effective date; to repeal conflicting laws; and for other purposes.

Part 3 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the adjutant general and other executives, is amended by striking in its entirety Code Section 38-2-150, relating to the adjutant general, and inserting in lieu thereof a new Code Section 38-2-150 to read as follows:
"38-2-150.
There shall be an adjutant general of the state who shall be appointed by the Governor for a term concurrent with the term of the Governor appointing ~~him~~ such person and who shall serve as such at the pleasure of the Governor. The adjutant general shall have not less than the rank of a major general, the specific rank to be determined by the Governor. The adjutant general ~~and~~ shall not be less than 30 nor more than 65 years of age. No person shall be eligible to hold the office of adjutant general unless he or she holds or has held a commission of at least the rank of field grade or the equivalent in the organized militia of the state, or in the armed forces of the United States, or in a reserve component thereof and shall have served not less than five years in one or more of such services at the time of his or her appointment. The adjutant general shall receive the pay and allowances ~~of a major general~~ for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. The Governor shall require the adjutant general to give bond to the state, conditioned on the faithful discharge of the duties of ~~his~~ the office, in the sum of $10,000.00 with good and sufficient security, to be approved by the Governor. Notwithstanding any other provisions of law, the adjutant general shall not be subject to the provisions of subsection (e) of Code Section 38-2-279, relating to pay for 18 days´ absence and emergency pay."

Said part is further amended by striking in its entirety Code Section 38-2-152, relating to assistant adjutants general, and inserting in lieu thereof a new Code Section 38-2-152 to read as follows:
"38-2-152.
The Governor shall appoint an assistant adjutant general for army and an assistant adjutant general for air to assist the adjutant general in the discharge and performance of his or her duties. Each of the assistant adjutants general, at the time of appointment, shall be a federally recognized officer with the rank of lieutenant colonel or higher with not less than five years of continuous service in the Army or Air National Guard of this state. An officer who has retired or resigned from the Georgia National Guard shall be eligible for appointment as assistant adjutant general for army or air; provided, however, that the officer shall have served not less than five years in a federally recognized status in the active Army or Air National Guard, as appropriate, and attained the rank of lieutenant colonel or higher; and provided, further, that the appointment of the officer shall be within five years after the date of his or her retirement or resignation and prior to his or her attaining age 60. Each of the assistant adjutants general shall have the rank of not less than brigadier general, the specific rank to be determined by the Governor. Each of the officers shall receive the pay and allowances ~~of a brigadier general~~ for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the adjutant general, and until his or her successor is appointed and qualified as provided by law, the assistant adjutant general who is senior in rank shall perform the duties required of the adjutant general in connection with the military division, as provided by law. Assistant adjutants general shall hold no other state office, and they shall serve at the pleasure of the Governor."