2001-2002 Bill 229: Military Code, Adjutant General, National Guard, Commissioned
BIL:229
RTN:123
ACN:85
TYP:General Bill GB
INB:Senate
IND:20010130
PSP:Hayes
SPO:Hayes, Wilson, Branton, Hawkins, Ravenel and Leventis
DDN:l:\council\bills\swb\5107djc01.doc
DPB:20010531
LAD:20010524
GOV:S
DGA:20010808
SUB:Military Code, Adjutant General, National Guard, commissioned, noncommissioned officers; Veterans' and Military Affairs
HST:
BodyDateAction DescriptionComLeg Involved
______
------20010817Act No. A85
------20010808Signed by Governor
------20010607Ratified R123
Senate20010531Concurred in House amendment,
enrolled for ratification
House20010530Read third time, returned to Senate
with amendment
------20010530Scrivener's error corrected
House20010529Read second time
House20010524Request for debate by RepresentativeQuinn
Davenport
House20010524Amended
House20010523Committee report: Favorable with27 H3M
amendment
House20010501Introduced, read first time,27 H3M
referred to Committee
------20010430Scrivener's error corrected
Senate20010426Amended, read third time,
sent to House
------20010423Scrivener's error corrected
------20010420Scrivener's error corrected
Senate20010419Read second time, notice of
general amendments
Senate20010419Committee amendment adopted
Senate20010417Committee report: Favorable with08 SG
amendment
------20010326Scrivener's error corrected
Senate20010130Introduced, read first time,08 SG
referred to Committee
Versions of This Bill
Revised on 20010326
Revised on 20010417
Revised on 20010419
Revised on 20010420
Revised on 20010423
Revised on 20010426
Revised on 20010430
Revised on 20010523
Revised on 20010524
Revised on 20010529
Revised on 20010530
TXT:
(A85, R123, S229)
AN ACT TO AMEND CHAPTER 1, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MILITARY CODE BY ADDING SECTION 251160 SO AS TO ENCOURAGE OWNERS OF LAND TO MAKE LAND AND WATER AREAS AVAILABLE TO THE MILITARY DEPARTMENT FOR TRAINING AND OPERATIONAL PURPOSES BY DEFINING AND LIMITING THE OWNER’S DUTY OF CARE AND LIMITING THE OWNER’S LIABILITY TOWARD MILITARY PERSONS ENTERING THE OWNER’S LAND; BY ADDING SECTION 2512260 SO AS TO PROVIDE FOR THE GRANTING OF CONTINUANCES IN COURT CASES WHEN A PARTY OR HIS ATTORNEY IS ABSENT BY REASON OF ATTENDANCE ON ACTIVE DUTY AS A MEMBER OF THE NATIONAL GUARD; BY ADDING SECTION 2512957 SO AS TO PROVIDE THAT A PERSON SUBJECT TO THE MILITARY CODE WHO RECKLESSLY ENDANGERS THE LIFE OR SAFETY OF ANOTHER MAY BE PUNISHED AS A COURTMARTIAL MAY DIRECT; TO AMEND SECTION 25110, RELATING TO DEFINITIONS, SO AS TO DEFINE “UNIT MAINTENANCE FUND”; TO AMEND SECTION 25140, RELATING TO APPLICABILITY OF THE UNIFORM CODE OF MILITARY JUSTICE, SO AS TO PROVIDE WHEN PRECEDENTS ESTABLISHED IN THE UNIFORM CODE OF MILITARY JUSTICE SHALL BE IN FORCE AND REGARDED AS PART OF THE MILITARY CODE; TO AMEND SECTION 25160, RELATING TO COMPOSITION AND CLASSES OF MILITIA, SO AS TO INCLUDE PERSONS WHO CONTRACTUALLY BIND THEMSELVES WITHIN THE MILITIA OF THE STATE; TO AMEND SECTION 251110, RELATING TO BURIAL FLAGS, SO AS TO PROVIDE THAT BURIAL FLAGS SHALL BE OBTAINED FROM THE UNITED STATES WHEN AVAILABLE; TO AMEND SECTION 251340, RELATING TO VACANCIES IN THE OFFICE OF ADJUTANT GENERAL, SO AS TO DELETE THE PROVISION THAT THE GOVERNOR MAY APPOINT AN OFFICER WHO IS OF FIELD GRADE RANK OR HIGHER AND PROVIDE THAT THE GOVERNOR MAY APPOINT AN OFFICER WHO IS AT LEAST THE RANK OF LIEUTENANT COLONEL AND MEETS THE ELIGIBILITY REQUIREMENTS FOR A CONSTITUTIONAL OFFICER; TO AMEND SECTION 251510, RELATING TO APPOINTMENT, QUALIFICATIONS, AND TENURE OF COMMISSIONED AND WARRANT OFFICERS, SO AS TO DELETE THE REQUIREMENT THAT A COMMISSIONED OR WARRANT OFFICER BE A RESIDENT OF THIS STATE AND PROVIDE THAT A COMMISSIONED OR WARRANT OFFICER MUST MEET FEDERAL RESIDENCY REQUIREMENTS FOR THE APPOINTMENT; TO AMEND SECTION 251560, RELATING TO THE RELATIVE RANK OF OFFICERS, SO AS TO REQUIRE THE ADJUTANT GENERAL TO MAINTAIN RECORDS REFLECTING A RELATIVE RANK LIST OF ALL ACTIVE AND INACTIVE OFFICERS IN THE NATIONAL GUARD AND TO CONFORM THE RELATIVE RANK LIST TO FEDERAL MILITARY LAW; TO AMEND SECTION 251580, RELATING TO THE SENIOR OFFICER ON DUTY BEING IN COMMAND, SO AS TO PROVIDE THAT A COMMANDER MAY APPOINT AN OFFICER TO COMMAND A SUBORDINATE OR DETACHED UNIT, AND THAT IF NONE IS APPOINTED, THE SENIOR OFFICER OF THE LINE ON DUTY IS IN COMMAND; TO AMEND SECTION 251810, RELATING TO PROMOTIONS UNDER THE RESERVE OFFICER PERSONNEL ACT, SO AS TO DELETE THE OBSOLETE REFERENCE TO THE RESERVE OFFICER PERSONNEL ACT AND REPLACE IT WITH A REFERENCE TO FEDERAL LAW; TO AMEND SECTION 251850, RELATING TO TRANSFER OF OFFICERS WITHIN THE ARMY NATIONAL GUARD, SO AS TO DELETE A PROVISION THAT A TRANSFER MUST BE MUTUALLY ACCEPTABLE TO COMMANDERS CONCERNED; TO AMEND SECTION 251870, RELATING TO A VACANCY IN THE GRADE OF MAJOR GENERAL, SO AS TO PROVIDE THAT A VACANCY IN THE GRADE OF MAJOR GENERAL MUST BE FILLED BY A FULLY QUALIFIED OFFICER; TO AMEND SECTION 251880, RELATING TO A VACANCY IN THE GRADE OF BRIGADIER GENERAL, SO AS TO DELETE OBSOLETE LANGUAGE RELATING TO THE BRIGADIER GENERAL SELECTION BOARD AND PROVIDE THAT A VACANCY IN THE GRADE OF BRIGADIER GENERAL MUST BE FILLED BY THE PROMOTION OF THE BEST QUALIFIED OFFICER IN THE NEXT LOWER GRADE AS DETERMINED BY THE ADJUTANT GENERAL; TO AMEND SECTION 2511110, RELATING TO PROMOTIONS UNDER THE RESERVE OFFICER PERSONNEL ACT, SO AS TO DELETE REFERENCES TO THE RESERVE OFFICER PERSONNEL ACT AND PROVIDE FOR PROMOTIONS UNDER FEDERAL LAW; TO AMEND SECTION 2511140, RELATING TO A VACANCY IN THE HEADQUARTERS OF THE AIR NATIONAL GUARD, SO AS TO DELETE A PROVISION THAT NO OFFICER SHALL BE ASSIGNED TO HEADQUARTERS, AIR NATIONAL GUARD, UNTIL HE HAS COMPLETED THREE YEARS COMMISSIONED SERVICE IN THE SOUTH CAROLINA AIR NATIONAL GUARD; TO AMEND SECTION 2511330, RELATING TO ANNUAL SETTLEMENTS FOR FEDERAL AND STATE PROPERTY, SO AS TO DELETE REFERENCES TO RESPONSIBLE OFFICER AND REPLACE THEM WITH REFERENCES TO RESPONSIBLE PARTY AND TO AUTHORIZE COLLECTION ACTIONS FOR PAYMENTS FROM PARTIES LIABLE ON PROPERTY ACCOUNTS; TO AMEND SECTION 2511370, RELATING TO UNIT MAINTENANCE FUND ALLOWANCES, SO AS TO DELETE REFERENCES TO THE MILITARY BOARD, DELETE REFERENCES TO CERTAIN DATES FOR PAYMENTS OF APPROPRIATIONS AND PROVIDE FOR PAYMENTS PERIODICALLY, AND TO PROVIDE THAT UNIT MAINTENANCE FUNDS FROM SOURCES OUTSIDE THE ANNUAL APPROPRIATION MUST BE REGULATED AND AUDITED BY THE ADJUTANT GENERAL; TO AMEND SECTION 2511620, RELATING TO THE CUSTODIAN AND USE OF TRAINING FACILITIES, SO AS TO PROVIDE THAT THE ADJUTANT GENERAL IS THE MANAGER AS WELL AS CUSTODIAN OF TRAINING FACILITIES AND THAT FACILITIES OWNED OR LEASED FOR THE MILITARY DEPARTMENT MAY BE RENTED OR SUBLEASED WHEN NOT IN USE FOR TRAINING; TO AMEND SECTION 2511820, RELATING TO WHEN THE NATIONAL GUARD IS SUBJECT TO ACTIVE DUTY, SO AS TO DELETE THE CIRCUMSTANCE OF WHEN THE PRESIDENT IS UNABLE WITH THE REGULAR FORCES TO EXECUTE THE LAWS OF THE UNITED STATES AND PROVIDE THAT THE NATIONAL GUARD IS SUBJECT TO ACTIVE DUTY WHEN THE PRESIDENT ISSUES ORDERS TO EXECUTE THE LAWS OF THE UNITED STATES; TO AMEND SECTION 2512110, RELATING TO TERMS OF ENLISTMENT, SO AS TO DELETE THE THREEYEAR PROVISION AND PROVIDE THAT ORIGINAL ENLISTMENTS IN THE NATIONAL GUARD MUST BE FOR A PERIOD TO COMPLY WITH GOVERNING DEPARTMENT OF DEFENSE REGULATIONS; TO AMEND SECTION 2512220, RELATING TO TRANSFER OF ENLISTED MEN, SO AS TO DELETE THE PROVISION THAT THE TRANSFER BE APPROVED BY THE COMMANDING OFFICERS OF THE UNITS INVOLVED; TO AMEND SECTION 2512230, RELATING TO DISCHARGES, SO AS TO REVISE THE AUTHORITY FOR DISCHARGES OF ENLISTED PERSONS; TO AMEND SECTION 2512420, RELATING TO DEFINITIONS, SO AS TO INCLUDE PERSONS ATTACHED OR ASSIGNED TO STATE UNITS WITHIN THE DEFINITION OF “MILITARY FORCES”; TO AMEND SECTION 2512420, RELATING TO DEFINITIONS, BY ADDING A NEW SUBPARAGRAPH APPROPRIATELY NUMBERED SO AS TO DEFINE “OFFICER”; TO AMEND SECTION 2512450, RELATING TO APPOINTMENT OF THE STATE JUDGE ADVOCATE, SO AS TO PROVIDE THAT, ABSENT SEPARATE APPOINTMENT, THE SENIOR JUDGE ADVOCATE OF THE NATIONAL GUARD IS THE STATE JUDGE ADVOCATE; TO AMEND SECTION 2512460, RELATING TO APPREHENSION, SO AS TO DELETE REFERENCES TO CIVIL OFFICERS HAVING AUTHORITY TO APPREHEND OFFENDERS AND PROVIDE FOR APPREHENSION BY ANY OFFICER UNDER THE LAWS OF THE UNITED STATES OR OF SOUTH CAROLINA; TO AMEND SECTION 2512520, RELATING TO NONJUDICIAL PUNISHMENT, SO AS TO DELETE A REFERENCE TO THE INSPECTOR GENERAL; TO AMEND SECTION 2512530, RELATING TO TYPES OF COURTSMARTIAL, SO AS TO PROVIDE FOR A SUMMARY COURTMARTIAL CONSISTING OF ONE OFFICER RATHER THAN ONE COMMISSIONED OFFICER; TO AMEND SECTION 2512550, RELATING TO JURISDICTION OF GENERAL COURTSMARTIAL, SO AS TO INCREASE THE FINE THAT MAY BE IMPOSED BY GENERAL COURTSMARTIAL FROM TWO THOUSAND DOLLARS TO THREE THOUSAND DOLLARS; TO AMEND SECTION 2512560, RELATING TO JURISDICTION OF SPECIAL COURTSMARTIAL, SO AS TO DELETE THE LANGUAGE EXCLUDING OFFICERS FROM THE JURISDICTION OF SPECIAL COURTSMARTIAL AND TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY SPECIAL COURTSMARTIAL FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS; TO AMEND SECTION 2512570, RELATING TO JURISDICTION OF SUMMARY COURTSMARTIAL, SO AS TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY SUMMARY COURTSMARTIAL FROM TWO HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS; TO AMEND SECTION 2512610, RELATING TO WHO MAY SERVE ON COURTSMARTIAL, SO AS TO REMOVE REFERENCES TO COMMISSIONED AND WARRANT OFFICERS, AND PROVIDE THAT ANY OFFICER ON OR OFF DUTY WITH THE MILITARY FORCES MAY SERVE ON COURTSMARTIAL; TO AMEND SECTION 2512725, RELATING TO THE STATUTE OF LIMITATIONS, SO AS TO DELETE PROVISIONS RELATING TO DESERTION DURING TIMES OF PEACE AND CERTAIN OTHER OFFENSES PUNISHABLE UNDER THE MILITARY CODE AND PROVIDE THAT A PERSON CHARGED WITH ANY OFFENSE IS NOT LIABLE TO BE TRIED BY COURTMARTIAL IF THE OFFENSE WAS COMMITTED MORE THAN THREE YEARS BEFORE RECEIPT OF SWORN CHARGES OR THE IMPOSITION OF PUNISHMENT; TO AMEND SECTION 2512750, RELATING TO CONTEMPT, SO AS TO INCREASE THE AMOUNT OF FINE THAT MAY BE IMPOSED BY A COURTMARTIAL FOR CONTEMPT FROM TWENTYFIVE DOLLARS TO FIVE HUNDRED DOLLARS; TO AMEND SECTION 2512780, RELATING TO RECORDS OF TRIAL OF COURTSMARTIAL, SO AS TO PROVIDE THAT SUMMARY COURTMARTIAL PROCEEDINGS MUST USE DOCUMENTS PROMULGATED BY REGULATIONS OF THE ADJUTANT GENERAL; TO AMEND SECTION 2512795, RELATING TO SENTENCES OF COURTSMARTIAL, SO AS TO DELETE CERTAIN REFERENCES TO GENERAL COURTMARTIAL JURISDICTION SO AS TO MAKE CERTAIN PROVISIONS OF THE SECTION APPLICABLE TO COURTMARTIAL JURISDICTION RATHER THAN ONLY TO THE JURISDICTION OF A GENERAL COURTMARTIAL; TO AMEND SECTION 2512935, RELATING TO THE OFFENSE OF DISRESPECT TOWARD A SUPERIOR COMMISSIONED OFFICER, BY DELETING THE REFERENCE TO COMMISSIONED OFFICER AND INCLUDING NONCOMMISSIONED OFFICERS, SO AS TO MAKE THE OFFENSE OF DISRESPECT APPLICABLE TO SUPERIOR OFFICERS OR NONCOMMISSIONED OFFICERS; TO AMEND SECTION 2512940, RELATING TO THE OFFENSE OF ASSAULTING OR WILFULLY DISOBEYING A SUPERIOR COMMISSIONED OFFICER, BY DELETING THE REFERENCE TO COMMISSIONED OFFICER AND INCLUDING NONCOMMISSIONED OFFICERS, SO AS TO MAKE THE OFFENSES OF ASSAULT AND WILFULLY DISOBEYING A LAWFUL COMMAND APPLICABLE TO SUPERIOR OFFICERS OR NONCOMMISSIONED OFFICERS; TO AMEND SECTION 2512945, RELATING TO INSUBORDINATE CONDUCT TOWARD A WARRANT OFFICER OR NONCOMMISSIONED OFFICER, BY DELETING REFERENCES TO WARRANT OFFICER, SO AS TO MAKE THE OFFENSE OF INSUBORDINATE CONDUCT APPLICABLE TO OFFICERS AND NONCOMMISSIONED OFFICERS; TO AMEND SECTION 2512950, RELATING TO THE OFFENSES OF FAILURE TO OBEY ORDERS AND REGULATIONS AND DERELICTION OF DUTY, SO AS TO INCLUDE THE VIOLATION OF A STATUTE WITHIN THE OFFENSE; TO AMEND SECTION 2513065, RELATING TO CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN, BY DELETING REFERENCES TO COMMISSIONED OFFICER AND A GENTLEMAN, SO AS TO PROVIDE THAT ANY OFFICER WHO IS CONVICTED OF CONDUCT UNBECOMING AN OFFICER MAY BE PUNISHED AS A COURTMARTIAL MAY DIRECT; TO AMEND SECTION 2513085, RELATING TO THE AUTHORITY TO ADMINISTER OATHS, BY DELETING REFERENCES TO COMMISSIONED OFFICER, SO AS TO PROVIDE THAT ALL OFFICERS HAVE THE AUTHORITY TO ADMINISTER OATHS; TO AMEND SECTION 2513095, RELATING TO COMPLAINTS AGAINST OFFICERS, BY DELETING THE REQUIREMENT THAT COMPLAINTS BE FORWARDED TO THE ADJUTANT GENERAL, SO AS TO PROVIDE THAT ANY MEMBER OF THE MILITARY FORCE MAY COMPLAIN TO HIS NEXT SUPERIOR COMMISSIONED OFFICER; TO AMEND SECTION 2513235, RELATING TO THE NATIONAL GUARD PENSION FUND, SO AS TO PROVIDE THAT CERTAIN PERSONS WITH A BREAK IN SERVICE REMAIN ELIGIBLE FOR PENSION BENEFITS; TO AMEND SECTION 251730, AS AMENDED, RELATING TO MAINTENANCE OF THE MUSEUM, SO AS TO DELETE THE PROVISION THAT NO STATE FUNDS MAY BE USED FOR MAINTENANCE OF THE MUSEUM; TO REPEAL SECTIONS 251330, 251950, 2511340, 2511390, 2511400, 2512130, AND 2512160; AND TO FURTHER AMEND CHAPTER 1, TITLE 25, BY ADDING SECTION 2512455 SO AS TO PROVIDE FOR THE APPOINTMENT OF MILITARY JUDGES BY THE ADJUTANT GENERAL AND PROVIDE FOR THE QUALIFICATIONS, POWERS, AND DUTIES OF MILITARY JUDGES.
Be it enacted by the General Assembly of the State of South Carolina:
Landowners encouraged to make land available for military training; owners liability limited
SECTION1.Chapter 1, Title 25 of the 1976 Code is amended by adding:
“Section 251160.(A)The purpose of this section is to encourage owners of land to make land and water areas available to the military department for training and operational purposes by limiting the owners liability toward military persons entering their land and water areas for training and operational purposes.
(B)For purposes of this section:
(1)‘Land’ means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.
(2)‘Owner’ means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises.
(3)‘Military purpose’ includes, but is not limited to, any of the following, or any combination thereof: training, missions, operations, or support of training, missions, or operations.
(4)‘Charge’ means the admission price or fee asked in return for invitation or permission to enter or go upon the land.
(5)‘Persons’ means individuals regardless of age.
(C)Except as specifically provided in this section, an owner of land owes no duty of care to keep the premises safe for entry or use by persons who have sought and obtained his permission to use it for military purposes or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for military purposes.
(D)Except as specifically provided in this section, an owner of land who permits without charge any person having sought permission to use his property for military purposes does not thereby:
(1)extend any assurance that the premises are safe for any purpose;
(2)confer upon the person the legal status of an invitee or licensee to whom a duty of care is owned;
(3)assume responsibility for or incur liability for any injury to person or property caused by an act of omission of any person using the property.
(E)Nothing in this section limits in any way any liability which otherwise exists:
(1)for grossly negligent, wilful, or malicious failure to guard or warn against a dangerous condition, use, structure, or activity;
(2)for injury suffered in any case where the owner of land charges persons who enter or go on the land for the recreational use thereof, except that in the case of land leases to the State or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
(F)Nothing in this chapter shall be construed to:
(1)create a duty of care or ground of liability for injury to persons or property; or
(2)relieve any person using the land of another for military purposes from any obligation which he may have in the absence of this chapter to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.”
Continuances in court cases when party or attorney is absent by reason of National Guard duty
SECTION2.Chapter 1, Title 25 of the 1976 Code is amended by adding:
“Section 2512260.It is the duty of any judge of the courts of this State to continue any case in the court on or without motion when any party thereto or his leading attorney is absent from court when the case is reached by reason of his attendance on active duty as a member of the National Guard. The case may proceed if the party, in the absence of his leading attorney, or the leading attorney, in the absence of the party, announces ready for trial on the call of the case. If counsel is absent, it shall be necessary for his client to make oath that he cannot safely go to trial without the absent attorney and, if a party is absent, his counsel shall state in his place that he cannot safely go to trial without his client.”
Reckless endangerment
SECTION3.Chapter 1, Title 25 of the 1976 Code is amended by adding:
“Section 2512957.A person subject to this code who recklessly and unlawfully engages in conduct that endangers the life or safety of another person, or who unlawfully engages in wilful, wanton, careless, reckless, or grossly negligent conduct that is likely to produce death or grievous bodily harm to another, is guilty of a violation of this section and, upon conviction, may be punished as a courtmartial may direct.”
“Unit maintenance fund” defined
SECTION4.Section 25110 of the 1976 Code is amended by adding:
“(18)‘Unit maintenance fund’ means funds collected by armory rentals, donations, military fines, and other minor sources of revenue with or without specific appropriation, and used for minor maintenance at facilities and controlled at the unit level.”
Uniform Code of Military Justice precedents in force
SECTION5.Section 25140 of the 1976 Code is amended to read:
“Section 25140.Whenever any portion of the militia of the State is on duty under or pursuant to orders of the Governor or whenever any part of the militia is ordered to assemble for state duty, the systems, precedents, and procedures established in the Uniform Code of Military Justice for the governing of armed forces of the United States, so far as applicable and not in conflict with any rule or regulation herein prescribed, is considered in full force and regarded as a part of this chapter until such forces are duly relieved from such duty. Nothing in this section is construed as relinquishing the state’s authority and jurisdiction in such matters. No punishment under this section extending to the taking of life shall in any case be inflicted except in time of actual war, invasion, or insurrection declared to exist by proclamation of the President of the United States or the Governor of this State, and then only after the approval of such sentence by the Governor. The Governor shall review the findings of all general courtsmartial convened during such situations hereinabove recited.”
Composition and classes of militia; persons who contract included in militia
SECTION6.Section 25160 of the 1976 Code is amended to read:
“Section 25160.The militia of this State consists of all ablebodied persons over seventeen years of age who are: citizens of the United States residing within this State; citizens of the United States bound by law, lawful order, or contract to serve in the militia or military forces of this State; or persons who have declared their intention to become citizens of the United States and are bound by law, lawful order, or contract to serve in the militia or military forces of this State. The militia is divided into three classes: the National Guard, the organized militia, and the unorganized militia.”
Burial flags to be obtained from United States when available
SECTION7.Section 251110(3) of the 1976 Code is amended to read:
“(3)The Adjutant General shall promulgate necessary rules and regulations to implement the provisions of this section. Flags must be obtained from the United States when available, but if not so granted they must be purchased by the office of the Adjutant General from funds appropriated to that office.”
Governor may appoint officer who is at least the rank of lieutenant colonel and meets the eligibility requirements for a constitutional officer to fill vacancy in the office of Adjutant General