13 chapters · 437 sections in this title.
KRS § 36.020 Adjutant general -- Appointment -- Rank -- Qualifications -- Bond -- Compensation
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Compensation. (1) The Governor, immediately on his induction into office, shall appoint the adjutant general who shall have served honorably, or be serving, as a commissioned officer of the Armed Forces of the United States, and who shall: (a) Have at least ten (10) years commiss…
KRS § 36.025 Deputy and assistant adjutant general for Army National Guard -- Assistant adjutant general and chief-of-staff for Air National Guard -- Appointment, qualifications -- Compensation
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Assistant adjutant general and chief-of-staff for Air National Guard -- Appointment, qualifications -- Compensation. (1) For the Army National Guard, the Governor, with the recommendation of the adjutant general, may appoint a deputy adjutant general and an assistant adjutant gen…
KRS § 36.030 Adjutant general, deputy adjutant general, chief-of-staff, and assistant adjutants general -- Compatibility of office
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adjutants general -- Compatibility of office. The office of the adjutant general, deputy adjutant general, chief-of-staff, or assistant adjutants general shall not necessarily be incompatible with or serve to vacate the commission in the Kentucky National Guard held by the office…
KRS § 36.040 Duties of adjutant general -- Authority to enter into agreements with federal agencies
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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 i…
KRS § 36.042 Kentucky Guard Youth Challenge Program -- Director -- Strategic plan -- Student's participation time attributable to district
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Student's participation time attributable to district. (1) The Kentucky Guard Youth Challenge Program is hereby established within the Department of Military Affairs to serve as the state's program for participation in the National Guard Youth Challenge Program established in 32 …
KRS § 36.050 Disability of adjutant -- Who to act
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In the absence or inability of the adjutant general to perform his duties, he may designate, by special order, an officer to perform his duties temporarily, and if no officer is so designated, the senior officer on duty in the adjutant general's office shall perform the adjutant …
KRS § 36.067 Logistics Operations Division
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(1) The Logistics Operations Division shall be headed by a director appointed by the Governor in accordance with KRS 12.050. The division shall be composed of organizational entities deemed appropriate by the adjutant general and set forth by administrative order. (2) The Logisti…
KRS § 36.068 Bluegrass Station Division
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The Bluegrass Station Division exists to support, retain, and attract primarily defense and homeland security agencies, contractors, and associated and compatible operations, including the jobs which they bring to Kentucky. Agency contracts, leases, and accounting procedures may …
KRS § 36.070 Facilities division -- Director -- Duties
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The facilities division shall be headed by a director experienced in the administration of real property. The division shall administer real and personal property of the Department of Military Affairs.
KRS § 36.080 Armories to be provided -- Acquisition -- Cost
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(1) The facilities division shall provide adequate armories, buildings and grounds for the Kentucky Army and Air National Guard for its purposes of drill, instruction and administration and for the safekeeping of public property of the state and the United States issued to or for…
KRS § 36.081 Restriction of application of KRS 36.080 (3)
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Subsection (3) of KRS 36.080 shall not apply to armories constructed by or rented from the Commonwealth of Kentucky Military Department Armory Corporation, organized under the laws of Kentucky, July 10, 1939.
KRS § 36.082 National Guard Facilities Construction Act
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(1) This section may be cited as the National Guard Facilities Construction Act. (2) The purpose of this section is to provide funds for the construction of National Guard facilities at the following locations, at the estimated cost shown: Location Facility Estimated Cost Expecte…
KRS § 36.085 Legislative intent
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(1) It is the intent of the General Assembly to provide a local installation management fund at Department of Military Affairs facilities. The local installation management fund shall be receipts from the use of Department of Military Affairs facilities by military and nonmilitar…
KRS § 36.086 Installation management fund
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(1) The Department of Military Affairs may establish an installation management fund account in a local bank for each Department of Military Affairs facility, notwithstanding KRS 41.070 and 45A.655. Funds derived from the use of the buildings and grounds shall be deposited in the…
KRS § 36.088 Morale, welfare, and recreation facilities -- Nonappropriated fund instrumentality -- Administrative regulations -- Use of facilities and proceeds derived therefrom
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instrumentality -- Administrative regulations -- Use of facilities and proceeds derived therefrom. (1) As used in this section, unless the context requires otherwise: (a) "Morale, welfare, and recreation facility" means any post exchange, canteen, barber shop, fitness center, sna…
KRS § 36.110 Governor's staff
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The staff of the commander in chief shall consist of an administrative and personal staff. The administrative staff shall consist of the adjutant general and such other officers of the Kentucky National Guard, of the grade prescribed by the Department of Defense of the United Sta…
KRS § 36.130 Officers and personnel -- Appointment -- Duties -- Salaries
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The adjutant general, by and with the advice and approval of the Governor, shall appoint the officers and other personnel necessary for the proper functioning of the Department of Military Affairs, fix their salaries and prescribe their duties.
KRS § 36.140 Reimbursement for expenses and subsistence for active field service or state active duty -- Annual leave
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active duty -- Annual leave. (1) Officers and enlisted men ordered into active field service pursuant to KRS 37.240 or into state active duty as defined in KRS 38.010(4) as individuals shall be entitled to reimbursement out of the State Treasury for expense of transportation and …
KRS § 36.170 Codes of regulations
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(1) The system of organization, armament, discipline and government of the National Guard shall be prescribed from time to time in a code of regulations promulgated by the Governor, subject to the laws and regulations of the United States. (2) The system of organization, armament…
KRS § 36.200 Inspection of military property
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The adjutant general or such officers as he may designate shall inspect, at least once in each year or oftener if the Governor requires, all headquarters, arsenals, storehouses, armories, organizations, military property belonging to the state, and military property issued to the…
KRS § 36.220 Expenses of active militia -- Appropriations may be used interchangeably
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All necessary cost and expense of perfecting and maintaining the organization of the Kentucky active militia, the payment of salaries, expenses of administration, purchase of necessary equipment, supplies, printing, postage and all other necessary expenditures shall be paid out o…
KRS § 36.230 Unit of Civil Air Patrol -- Head of unit
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(1) There shall be a Unit of Civil Air Patrol in the Department of Military Affairs. The unit shall consist of the Kentucky wing of the Civil Air Patrol and any other units and personnel as are added by administrative order. (2) The commanding officer or his designee of the Kentu…
KRS § 36.235 Functions of unit
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The Unit of Civil Air Patrol established pursuant to KRS 36.230 shall perform emergency disaster work within the Commonwealth in all instances in which aeronautical equipment and maneuvers might be of assistance in relieving the disaster, and shall engage in all manner of air sea…
KRS § 36.240 Coordination of unit activities with federal government
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The adjutant general shall coordinate the activities of the Unit of Civil Air Patrol established pursuant to KRS 36.230 with the federal government and any of its agencies in all matters relating to aeronautical training and education, communications, rescue work, mercy missions,…
KRS § 36.245 Use of appropriations -- Restrictions
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No portion of moneys appropriated for the Unit of the Civil Air Patrol established pursuant to KRS 36.230 shall be expended without the approval of the adjutant general nor shall they be expended for the purchase of uniforms for any member of the Civil Air Patrol.
KRS § 36.390 Legislative findings on military burial honors -- Authority to promulgate administrative regulations
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administrative regulations. (1) The Commonwealth of Kentucky recognizes the need to provide for honorable burials for Kentuckians who have served their state and nation in the Armed Forces. Historically these burial services have been conducted by the active military units in Ken…
KRS § 36.392 Military burial honor guard trust fund
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(1) There is established and created in the State Treasury a fund entitled the "Military Burial Honor Guard Trust Fund" to provide funds to offset the costs of the Military Burial Honor Guard Program. The fund may receive state appropriations, gifts, grants, federal funds, and an…
KRS § 36.394 Duties of Department of Military Affairs and Department of Veterans' Affairs relating to burial honors
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Affairs relating to burial honors. (1) The Department of Military Affairs shall promulgate administrative regulations to implement the Military Burial Honor Guard Program. (2) The Department of Military Affairs shall coordinate military burial honors for those who are determined …
KRS § 36.396 Excused absences for secondary school students who participate in Military Burial Honor Guard Program -- Inclusion in instructional program
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Burial Honor Guard Program -- Inclusion in instructional program. (1) Recognizing the participation of secondary school students in the Military Burial Honor Guard Program, excused absences may be granted by local school boards to students of secondary school JROTC programs or ot…
KRS § 36.440 Authority for disposition of remains when decedent died in active military service
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service. Notwithstanding KRS 367.97501 to 367.97537 or any other statute relating to the disposition of remains, if a decedent died while in active military service, including state active duty with the National Guard, the person designated by the decedent on the United States De…
KRS § 36.450 Automatic extension of license, permit, or certification held by members of Armed Forces deployed overseas -- Inapplicability to operator's and driver's licenses, motor vehicle registrations, and licenses to carry concealed deadly weapon -- Renewal of concealed carry license by deployed service member
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Armed Forces deployed overseas -- Inapplicability to operator's and driver's licenses, motor vehicle registrations, and licenses to carry concealed deadly weapon -- Renewal of concealed carry license by deployed service member. (1) Except as provided for in subsections (5), (6), …
KRS § 36.470 Military family assistance trust fund
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(1) The military family assistance trust fund is created as a separate revolving fund. The trust fund shall consist of grants, contributions, appropriations, or other moneys made available for the purpose of the trust fund. (2) Trust fund amounts not expended at the close of a fi…
KRS § 36.472 Military family assistance trust fund board -- Membership -- Terms -- Meetings
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Meetings. (1) (a) The military family assistance trust fund board is hereby created for the purpose of administering the trust fund created under KRS 36.470. The board shall be attached to the Department of Military Affairs for administrative purposes. The board shall be composed…
KRS § 36.474 Eligibility for funds -- Need-based applications by member's spouse or dependent for necessary expenses -- Expenditure of funds to benefit group of members, spouses, or dependents -- Expenditure of funds to Adoption Assistance Program applicants -- Adjutant general to award or decline -- Identification of other funding sources available to applicant -- Administrative regulations
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dependent for necessary expenses -- Expenditure of funds to benefit group of members, spouses, or dependents -- Expenditure of funds to Adoption Assistance Program applicants -- Adjutant general to award or decline -- Identification of other funding sources available to applicant…
KRS § 36.476 Annual report by board
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Each year between August 15 and September 1, the military family assistance trust fund board shall provide a written report to the Governor, the Legislative Research Commission, and the Interim Joint Committee on Seniors, Veterans, Military Affairs, and Public Protection. The wri…
KRS § 36.477 Kentucky National Guard Adoption Assistance Program
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(1) There is hereby established the Kentucky National Guard Adoption Assistance Program to be administered by the Kentucky Department of Military Affairs. (2) Any current or former member of the Kentucky National Guard who finalizes a legal adoption procedure for the adoption of …
KRS § 36.480 Web publication of information and links to assist military spouses with credentialing
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credentialing. The Kentucky Department of Military Affairs shall publish and periodically update information on its Web site to assist military spouses in obtaining professional and occupational licenses, certificates, registrations, permits, and other credentials. At a minimum, …
KRS § 37.170 Kentucky State Defense Force -- Organization -- Reorganization
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(1) The Governor is hereby authorized to enlist, organize, maintain, equip, discipline and pay when called into active field service a volunteer state defense force other than the National Guard, which shall constitute the active militia and shall be known as the Kentucky State D…
KRS § 37.180 Governor is commander in chief -- Adjutant general is executive officer
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The Governor shall be commander in chief of the Kentucky active militia, and the adjutant general shall be the executive officer and shall be responsible to the Governor for the proper functioning of the Kentucky active militia, and he is hereby authorized and empowered to take n…
KRS § 37.200 Officers and personnel -- Administration -- Equipment -- Housing -- Enlistment and discharge of men
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Enlistment and discharge of men. (1) The Governor of Kentucky is hereby authorized to appoint and commission the necessary officers for the Kentucky active militia. The adjutant general of the state with the approval of the Governor shall prescribe rules and regulations governing…
KRS § 37.210 Oaths of officers and men
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All officers and enlisted men of the Kentucky active militia shall take an oath similar to that required to be taken by commissioned officers and enlisted men of the National Guard. Said oath when duly subscribed to shall be filed with and preserved by the adjutant general of Ken…
KRS § 37.220 Drill -- Parades -- Ceremonies -- Privileges
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Companies and other units of the Kentucky active militia are hereby authorized to drill, to parade and to have all other ceremonies, privileges and rights in regard to such matters, within the state, as is authorized by law for the National Guard.
KRS § 37.230 Visits of inspection
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Commanding and staff officers of organizations and units are hereby authorized to make such visits of instruction and inspection, when authorized by the adjutant general to do so, as in his discretion may be necessary. When making said visits they may be compensated as provided i…
KRS § 37.240 Active service -- How and when ordered into -- Direction -- Powers
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The Governor is hereby authorized to call and to assign any part of the Kentucky active militia to active service for the purpose of resisting invasion, suppressing rebellions, insurrections, riots, or threats thereof; to suppress any active, unlawful, or threatened violence to p…
KRS § 37.250 Right to carry arms
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Officers and enlisted men of the Kentucky active militia when ordered on active duty as prescribed herein shall have the right to carry arms. All officers and enlisted men shall have the right to carry arms at any drill or ceremony.
KRS § 37.260 Not liable for acts done in pursuance of duty
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Officers and enlisted men of the Kentucky active militia ordered into active service by proper authority shall not be liable civilly or criminally for any act or acts legally done in the pursuance of their duty in such service.
KRS § 37.265 Application of code of military justice
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Officers and enlisted men of the Kentucky active militia shall be subject to the code of military justice as set forth in KRS Chapter 35.
KRS § 37.270 Pay for active field service -- Travel expense
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Officers and enlisted men, when employed in active state service as defined in subsection (4) of KRS 38.010, beginning with the day they assemble at their armories or other designated place until the day they return thereto and have been properly relieved, inclusive, fractional p…
KRS § 37.285 Workers' compensation for members on active state service
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The Department of Military Affairs shall accept the provisions of KRS Chapter 342 for the benefit of members of the Kentucky active militia while such members are on active state service.
KRS § 37.310 Legal representation in civil or criminal action arising out of act done in course of duty
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course of duty. If any member of the active militia, when on duty or assembled therefor under competent authority or lawful order, shall do any act in the discharge of his duty, the doing of which causes him to be proceeded against by civil court action, it shall be the duty of t…