_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the Department of Military Affairs

A BILL FOR AN ACT ENTITLED: “AN ACT clarifying the titles and command authority of the adjutant general and assistant adjutant generals of the montana national guard; AMENDING SECTIONS 2-15-1201 AND 2-15-1203, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE.”

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 2-15-1201, MCA, is amended to read:

"2-15-1201. Department of military affairs -- head. There is a department of military affairs. The department head is the adjutant general of the state, who shall must be appointed and shall serve in the same manner as are directors in 2-15-111. In addition, the adjutant general shall must have the qualifications as prescribed in 2-15-1202. The adjutant general is the commanding general of the organized militia and the unorganized militia, as defined in 10-1-103."

Section 2. Section 2-15-1203, MCA, is amended to read:

"2-15-1203. Assistant adjutant generals. (1) The adjutant general shall appoint, with the approval of the governor, an assistant adjutant general for the army national guard to be selected from the active list of the army national guard and an assistant adjutant general for the air national guard to be selected from the active list of the air national guard.

(2) Each assistant adjutant general must have the qualifications set forth in 2-15-1202 for appointment as adjutant general. However, each assistant adjutant general must have the rank of brigadier general.

(3) The assistant adjutant general of the army national guard is the commanding general of the army national guard. The assistant adjutant general of the air national guard is the commanding general of the air national guard."

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.