TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 1

STATE MILITIA — ORGANIZATION AND STAFF

46-112.  duties of the adjutant general. (1)  The adjutant general shall serve as head of the Idaho military division. The governor, as commander-in-chief, pursuant to his or her authority under section 4, article IV, of the constitution of the state of Idaho, shall administer and control the national guard, as that term is defined in section 46-103, Idaho Code. The adjutant general is responsible to the governor for the execution and publication of all orders relating to the militia, organization, activation, reactivation, inactivation, and allocation of units, recruiting of personnel, public relations, discipline, and training of the national guard and those members of the militia inducted into the service of this state as provided in this chapter. The adjutant general shall act as military chief of staff to the governor and chief of all branches of the militia or agencies within the Idaho military division. The adjutant general may belong to the adjutants general association of the United States and to other organizations for the betterment of the national guard, subscribe to and obtain periodicals, literature, and magazines of such other organizations and pay dues and charges from moneys of this state appropriated for that purpose. Except for the authority expressly reserved for the governor under Idaho law, the adjutant general is responsible for emergency management pursuant to chapter 10, title 46, Idaho Code, and all emergency activities undertaken pursuant to chapter 10, title 46, Idaho Code, are subject to the approval of the adjutant general.

(2)  The adjutant general, as the military chief of staff, will:

(a)  Act as military advisor to the governor and perform, as the governor prescribes, military duties not otherwise designated by law;

(b)  Adopt methods of administration for the national guard that are consistent with laws and regulations of the United States department of defense or any subdivision of the United States department of defense;

(c)  Supervise and direct the organization, regulation, instruction, training, discipline, and other activities of the national guard;

(d)  Attest and record all commissions issued by the governor and maintain a register of all commissioned personnel;

(e)  Keep a record of all orders and regulations pertaining to the national guard and all other writings and papers relating to reports and returns of units comprising the national guard and militia, and act as custodian of all such orders, regulations, writings, papers, and returns;

(f)  Superintend the preparation of returns, plans and estimates required by this state, by the department of the army, air force, navy and by the secretary of defense;

(g)  Control the use of and care for, preserve and maintain all military property belonging to or issued to this state and pay from moneys appropriated by the state legislature, or allocated to the state from the federal government for these purposes, the necessary expenses for labor and material incurred in the repair of military property;

(h)  Dispose of unserviceable military property belonging to this state, in accordance with applicable federal and state laws and regulations;

(i)  Pay the members of the national guard when such members are to be paid from state funds, and ensure that the members of the national guard receive pay when such members are to be paid with funds allocated by the federal government;

(j)  Be custodian of the seal of the office of adjutant general and deliver the same to his successor, and authenticate with the seal of the office of the adjutant general all orders and copies of orders issued by the adjutant general’s office. An authenticated copy has the same force and effect as the original;

(k)  Present to the governor before each regular session of the legislature, or as otherwise required, an estimate of the financial requirements for state moneys for operation of the department and the national guard during the next fiscal year, in accordance with section 67-3502, Idaho Code;

(l)  Coordinate and plan the execution of state activities pertaining to the inauguration of the governor of the state of Idaho and other elected state executive officers; and

(m)  Establish and administer, as in his or her judgment may be necessary and proper for military purposes, morale, welfare, and recreation programs or facilities for the benefit of the members of the Idaho military division and their lawful dependents. The adjutant general may promulgate rules to govern the operation of morale, welfare, and recreation programs or facilities. All proceeds derived from the operation of morale, welfare, and recreation programs or facilities within the state shall, after payment of operating expenses, notwithstanding any provision of Idaho law to the contrary, be used exclusively to benefit any morale, welfare, and recreation programs or facilities established pursuant to this section. Any sales of goods on a state reservation, state training facility, or state military installation under the jurisdiction of the adjutant general are exempt from payment of state sales taxes.

(3)  The adjutant general, as head of the Idaho military division, will:

(a)  Be the administrator of the division;

(b)  Coordinate the functions of the division and offices of the division;

(c)  Subject to Idaho law, appoint, suspend, demote, promote or dismiss employees of the division. The adjutant general may delegate this authority;

(d)  Appoint an auditor for the division to conduct periodic financial and compliance audits of each office in the division and perform such other duties as prescribed by law. At least annually, the auditor shall audit accounts that are open for more than twelve (12) months. The auditor shall determine within the division compliance with purchase and bidding procedures prescribed by law;

(e)  Adopt, with the approval of the governor, rules necessary for the operation of the Idaho military division;

(f)  Establish and administer accounts for federal, state or other moneys made available to carry out the functions of the division;

(g)  Establish, abolish or reorganize the positions or organizational structure within the Idaho military division, subject to legislative appropriation, if, in the adjutant general’s judgment, the modification would make the operation of the division more efficient, effective or economical;

(h)  Administer the Idaho youth challenge program in accordance with section 46-805, Idaho Code. In addition to moneys appropriated for the program, the adjutant general may accept and spend moneys from any other lawful public or private source; and

(i)  Submit to the governor, the president of the senate and the speaker of the house of representatives annually by July 1 a report for the Idaho military division for the preceding fiscal year, including: the strength and condition of the national guard; the business transactions of the division; a detailed statement of expenditures for all military and civilian purposes; the disposition of all military and civilian property on hand or issued; a description of the activity of the Idaho youth challenge program; and a detailed statement of the national guard tuition incentive payments program pursuant to section 46-314, Idaho Code. The adjutant general will also submit any such similar returns and reports as may be required by federal laws and regulations.

(4)  The adjutant general, subject only to applicable limitations prescribed under state law or rule, may:

(a)  Enter into contracts with individuals, this state, political subdivisions of this state or the federal government and its agencies for the purchase, acquisition, rental or lease of lands, buildings or military material and take title in the name of this state for the establishment and maintenance of armories, subject to legislative appropriation for these purposes;

(b)  Procure and contract for procurement of equipment and its issuance to members of the militia inducted into the service of this state;

(c)  Enter into agreements and plans with the state universities, community colleges or any educational institution supported by federal or state moneys for promotion of the best interests of the national guard and military training of students of the institutions;

(d)  Lease property acquired under this chapter for any public purpose for a period of one (1) year, which period is renewable;

(e)  Convey for any public purpose in the name of this state easements on real property acquired under this chapter;

(f)  Enter into contracts or agreements with the federal government that are deemed to be in the best interest of this state and the national guard;

(g)  Delegate the powers and duties in this section; and

(h)  Adopt methods of security for national guard personnel and for national guard reservations or facilities that are consistent with the laws, regulations or directives of the United States department of defense and the laws of this state.

History:

[46-112, added 2016, ch. 205, sec. 2, p. 575.]