AG SELECTION CRITERIA/NCNG AMENDMENTS (NEW).

View NCGA Bill Details2013-2014 Session
House Bill 1048 (Public) Filed Wednesday, May 14, 2014
AN ACT TO AMEND THE SELECTION CRITERIA FOR ADJUTANT GENERAL OF THE NORTH CAROLINA NATIONAL GUARD, TO ADD AN ASSISTANT ADJUTANT GENERAL FOR THE NORTH CAROLINA NATIONAL GUARD, AND TO ALLOW FOR ADDITIONAL USES OF FAMILY ASSISTANCE CENTER FUNDS FOR SURVIVING FAMILY MEMBERS OF DECEASED NATIONAL GUARD SERVICEMEMBERS.
Intro. by Hastings.

Status: Ch. SL 2014-106 (House Action) (Aug 6 2014)

SOG comments (4):

Identical bill

Identical as filed to S 760, filed May 14, 2014.

Long title change.

House committee susbtitute changes the long title. The original long title was:

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.

Long title change

Senate committee substitute to the 3d edition changed the long title. Previous long title was A BILL TO BE ENTITLED AN ACT TO AMEND THE SELECTION CRITERIA FOR ADJUTANT GENERAL OF THE NORTH CAROLINA NATIONAL GUARD.

 

Title Change.

Senate amendment changes the long title. The previous long title is found below:

AN ACT TO AMEND THE SELECTION CRITERIA FOR ADJUTANT GENERAL OF THE NORTH CAROLINA NATIONAL GUARD, TO ADD AN ASSISTANT ADJUTANT GENERAL FOR THE NORTH CAROLINA NATIONAL GUARD, TO INCREASE NATIONAL GUARD FLEXIBILITY WITH RESPECT TO CERTAIN CAPITAL PROJECTS, AND TO ALLOW FOR ADDITIONAL USES OF FAMILY ASSISTANCE CENTER FUNDS FOR SURVIVING FAMILY MEMBERS OF DECEASED NATIONAL GUARD SERVICEMEMBERS.

 

Bill History:

H 1048/S.L. 2014-106

Bill Summaries:

  • Summary date: Aug 14 2014 - More information

    AN ACT TO AMEND THE SELECTION CRITERIA FOR ADJUTANT GENERAL OF THE NORTH CAROLINA NATIONAL GUARD, TO ADD AN ASSISTANT ADJUTANT GENERAL FOR THE NORTH CAROLINA NATIONAL GUARD, AND TO ALLOW FOR ADDITIONAL USES OF FAMILY ASSISTANCE CENTER FUNDS FOR SURVIVING FAMILY MEMBERS OF DECEASED NATIONAL GUARD SERVICEMEMBERS. Enacted August 6, 2014. Effective August 6, 2014.

     

  • Summary date: Jul 24 2014 - More information

    The new conference report makes the following changes to the 5th edition. 

    Amends GS 127A-19 to amend the requirements that must be met to be eligible for appointment as Adjutant General to (1) require a person have a minimum of three years commissioned service in the Army (was, the NC Army) or Air National Guard within the six year period previous to the appointment date and (2) require a minimum of 12 months in command of either an Army or Air National Guard unit (was a NC National Guard unit) or a unit in any component of the Armed Forces of the United States. Retains all other eligibility requirements from the 5th edition.

    Clarifies that the act is effective when it becomes law and that Section 1 (amending GS 127A-19) is effective for appointments made on or after the effective date of the act. 


  • Summary date: Jul 16 2014 - More information

    The conference report states that the House concurs in the Senate Committee Substitute.


  • Summary date: Jul 1 2014 - More information

    Senate amendment makes the following changes to the 4th edition:

    Changes the long title.  

    Amends the act by deleting proposed changes to GS 143C-8-12, set to become effective if Section 36.5 of Senate Bill 744, 2013 Regular Session, or substantially similar legislation became law. Similarly, deletes proposed changes to GS 143C-8-12, set to become effective if Section 36.5 of Senate Bill 744, 2013 Regular Session, or substantially similar legislation does not become law. The above, now deleted, proposed changes concerned capital improvement projects funded from sources other than the General Fund for the University of North Carolina and the National Guard.

    Also deletes proposed changes to Section 36.11(c) of SL 2013-360 and deletes proposed GS 143-129.6, concerning exemptions for certain training projects by the NC National Guard.

    Makes conforming changes. 


  • Summary date: Jun 26 2014 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Amends GS 127A-19 to declare that the military head of the militia is the Adjutant General who has the rank of major general with federal recognition at the time of the appointment or who attains that rank under this section.

    Amends the eligibility requirements that must be met to qualify for an appointment as Adjutant General in subsection (b). Removes language requiring that the length of service must include a total of five years or more of commissioned service in any of the following branches of the reserve component of the Armed Forces of the United States: Army National Guard, Army Reserve, Air National Guard, and Air Force Reserve. Adds the requirement that the person must have a minimum of three years commissioned service in the North Carolina Army or Air National Guard within thesix-year period prior to the appointment date. Requires the person to have a minimum of 12 months in command of either (1) a NC National Guard unit or (2) a unit in any component of the Armed Forces of the US (was, required the person to have been a company or flight commander or higher rank for a minimum of 12 months in the Armed Forces of the US).

    Amends subsection (c) to delete requirement that a deputy adjutant general, as appointed by the Adjutant General, must meet the same requirements as in subsection (b) of this section. Provides that the Adjutant General may appoint two assistant adjutants general (was, one) for the Army National Guard subject to the approval of the Governor and in consultation with the Secretary of Public Safety.

    Designates the above provisions as effective for appointments on or after the effective date of this act. Except as otherwise indicated, this act is effective when it becomes law.

    Effective July 1, 2014, provides that if Section 36.5 of Senate Bill 744, 2013 Regular Session, or substantially similar legislation becomes law, then the titleof GS 143C-8-12 is rewritten as follows: Capital improvement projects from sources other than the General Fund (was, University system capital improvement projects from sources that are not General Fund sources: approval of new project or change in scope of existing project). Makes organizational changes. Adds provision that allows the NC National Guard to approve expenditures for a capital project but only if the project and its operating costs will be entirely funded with federalfunds. Also provides that if Section 36.5of Senate Bill 744, 2013 Regular Session, or substantially similar legislation does not become law, this section will not include carryforward funds (funds carried forward from one fiscal year to another) in the "non-General Fund money."Amends Section 36.11(c) of SL 2013-360 to provide that if any projects funded under subsection (a) of this section are cancelled, the resulting fund availability may be used for other specified purposes. Also adds to those allowable purposes.

    Adds a new section, GS 143-129.6, to Article 8 of GS Chapter 143 to provide for exemptions from Article 8 for expenditures for certain training projects of the NC National Guard. Effective July 1, 2014.

    Allows for additional uses of the Family Assistance Center Funds for the benefits of surviving family members of deceased service members. Effective July 1, 2014.

    Amends the long title of this act to reflect the changes in the bill content.


  • Summary date: Jun 3 2014 - More information

    House amendment makes the following changes to the 2nd edition. Amends GS 127A-19(b)(4), which provides the mandatory qualifications to be met by the person who is appointed by the Governor as Adjutant General, the military head of the North Carolina National Guard. Requires that the person appointed as Adjutant General must have been a company or flight commander, or unit of similar command rank or higher, for at least 12 months in any component of the Armed Forces of the United States (was, person must have been the commander of a company or similarly sized unit or larger unit in the NC National Guard or any component of the Armed Force of the United States).


  • Summary date: May 29 2014 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 127A-19 to remove the requirement that the Adjutant General have federal recognition at the time of appointment.

    Deletes requirement that the appointee must have a minimum of three years of service in the NC Army or Air National Guard in the last six years prior to the appointment date and replaces it with a requirement that the appointee must have served a total of five years or more of commissioned service in any reserve component of the armed forces of the United States, including the Army National Guard, Army Reserve, Air National Guard, and Air Force Reserve. Makes conforming changes.

    Clarifies requirements to be eligible for appointment as Adjutant General, providing that the potential appointee must have been in command of a company or similar size unit, or larger unit, for at least 12 months in the NC National Guard or in any component of the Armed Forces of the USA (previously, did not specify size of unit).

    Provides that in order to be appointed as the Deputy Adjutant General, the appointee must meet the same requirements as the Adjutant General, as found in GS 127A-19(b).


  • Summary date: May 14 2014 - More information

    Amends GS 127A-19, concerning selection criteria for the Adjutant General (AG), requiring that the AG, who heads all NC militia, must hold the rank of major general with federal recognition at time of appointmen,t or attain said rank within a reasonable period of time from the date of appointment. If the rank is not attained, the Governor must replace the AG with an appointee that meets required criteria. Provides that "a reasonable time period" takes into account time ingrade requirements for promotion and administrative period needed to complete promotion process.

    Sets out five eligibility requirements for appointment as AG, including having a minimum of 10 years commissioned service in the Armed Forces, the Reserve Armed Forces, or a combination of the two, and a minimum of three years commissioned service in the NC Army or Air National Guard within the six-year period before the appointment date. Also requires the appointee to either be a major general, brigadier general, or a colonel, with federal recognition or eligibility for federal recognition and promotion to major general (previously there were no requirements for federal recognition and an appointee was not allowed a reasonable time to achieve the rank of major general).

    Deletes language requiring appointees to have only five years' active commissioned service in the armed forces of the US in lieu of new service criteria requiements.

    Makes technical and organizational changes.

    Effective July 1, 2014, and applies to appointments on or after that date.


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