36.040 Duties of adjutant general -- Authority to enter into agreements with federal

664 words·~3 min read·/ky/36-040

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

agencies.

(1)The adjutant general shall:

(a)Represent the Governor in all military matters pertaining to the

Commonwealth of Kentucky;

(b)Be the executive head of the Department of Military Affairs and exercise all

functions vested by law in the department;

(c)Establish the internal organizational structure of the major organizations of

the department;

(d)Organize and supervise all programs, functions, and personnel assigned to the

department in accordance with all state and federal statutes and administrative

regulations;

(e)Be responsible to the Governor for the proper carrying into effect of all laws,

rules, and regulations of the United States and of this state affecting the militia

and other military organizations established by law;

(f)Perform the duties prescribed for him by laws of the United States and

regulations issued thereunder;

(g)Direct and supervise the chiefs of staff departments and supervise all troops

and all departments, arms, and branches of the Kentucky Army and Air

National Guard;

(h)Supervise the preparation of all returns and reports of the Department of

Military Affairs;

(i)Keep a register of all the officers of the Kentucky National Guard, and make a

written report to the Governor for the annual period ending on June 30 of each

year of the operations and conditions of the Department of Military Affairs;

(j)Cause to be prepared and issued all necessary blank books, forms, and notices

required to carry into full effect matters assigned to the adjutant general under

the provisions of KRS Chapters 36, 37, and 38;

(k)Direct and supervise the safekeeping and repairing of the ordnance, arms,

accouterments, equipment, and all other military property belonging to the

state or issued to it by the United States;

(l)Notify the Finance and Administration Cabinet of all military property of the

state which after inspection is found unsuitable for use of the cabinet;

(m)Keep an account of:

1. All expenses, including pay of officers and enlisted men, allowance to

officers and organizations;

2. Any other moneys required to be disbursed by him and through his

office, including subsistence and transportation of the National Guard;

and

3. All military property of the United States;

(n)Issue and make requisitions for military property under the direction of the

Governor, but no military property shall be issued to persons or organizations

other than those belonging to the National Guard, except to such portion of

the Kentucky active militia as is called out by the Governor;

(o)Maintain as a part of his office a Bureau of War Records in which all records

pertaining to wars and relics shall be kept, and be custodian of all such

records, relics, colors, standards, and battle flags now the property of the state,

or in its possession, or which the state may hereafter acquire;

(p)Organize units of the National Guard at places designated by the Governor

and have the members mustered into service under regulations prescribed by

the Governor;

(q)Issue all regulations, orders, and directives for the proper functioning and

utilization of the Department of Military Affairs and its divisions;

(r)Hire, discharge, and pay any personnel that the adjutant general deems

necessary to fulfill defense contracts without regard to KRS Chapter 18A; and

(s)Make contracts, acquire real and personal property by gift, purchase, or by

condemnation in the manner prescribed in the Eminent Domain Act of

Kentucky, and do all things necessary to perform its duties under this section

and KRS 36.080.

(2)The adjutant general, or his or her designee, may enter into any federal contracts,

federal grants, and federal agreements with the United States of America, by and

through the Department of Defense, Department of the Army, Department of the

Air Force, National Guard Bureau, Federal Aviation Administration, United States

Department of Homeland Security, and Federal Emergency Management Agency,

and any other division, department, or agency of the federal government, as may be

deemed necessary to carry out the general intent and purposes of the Department of

Military Affairs.