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HF 752

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/04/2021 03:09pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to the military; modifying provisions related to the appointment, rank,
term, and vacancy of the adjutant general; amending Minnesota Statutes 2020,
section 190.07.

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

Section 1.

Minnesota Statutes 2020, section 190.07, is amended to read:


190.07 APPOINTMENT; QUALIFICATIONS; RANKnew text begin; TERM; VACANCYnew text end.

new text begin Subdivision 1. new text end

new text begin Qualifications. new text end

There shall be an adjutant general of the state who shall
be appointed by the governornew text begin within 120 days of a vacancy of the positionnew text end. The adjutant
general shall be a staff officer, who at the time of appointment shall be a commissioned
officer of the National Guard deleted text beginof this state, with not less than ten years military service in
the National Guard of this state or the armed forces of the United States, at least three of
which shall have been commissioned
deleted text end and who shall have reachednew text begin, at a minimum,new text end the deleted text begingrade
of a field officer
deleted text endnew text begin rank of colonel (O-6)new text end.

new text begin Subd. 2. new text end

new text begin Rank. new text end

The adjutant general shall new text beginbe promoted, if necessary, directly to and
shall
new text endhold deleted text beginat leastdeleted text end the rank of major general deleted text beginand may be promoted to and including the
highest rank authorized under federal law. However, the adjutant general may not be
promoted to the rank of major general without having at least 20 years service in the
Minnesota National Guard, at least one of which has been in the rank of brigadier general
deleted text end.new text begin
If not already a major general, the adjutant general's promotion is effective beginning on
the date the governor appoints the adjutant general. At the time of appointment and in
accordance with the authorities governing federal recognition of officers, the adjutant general
is authorized to wear the rank of major general.
new text end

new text begin Subd. 3. new text end

new text begin Term. new text end

The term of the adjutant general is new text beginfor a single term of new text endseven years from
the date of appointment. deleted text beginSection 15.06, subdivisions 3, 4, and 5, governs filling of vacancies
in the Office of Adjutant General.
deleted text end The adjutant general shall not be removed from office
during a term except upon withdrawal of federal recognition or as otherwise provided by
the military laws of this state.

new text begin Subd. 4. new text end

new text begin Vacancy; acting or temporary adjutant general. new text end

new text begin In the event of a vacancy
of the adjutant general, the governor may appoint a person qualified under subdivision 1 as
an acting adjutant general. If the governor does not appoint an acting adjutant general, the
deputy adjutant general as defined in section 190.09, subdivision 1, shall become temporary
adjutant general without further official action. Upon taking office, the acting or temporary
adjutant general shall have all the powers and emoluments and perform all the duties of the
office of adjutant general until a permanent adjutant general is appointed.
new text end