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UNOFFICIAL COPY 26 RS HB 364/GA
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AN ACT relating to benefits for Kentucky National Guard members. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 38.030 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Commonwealth emergency response pay" means a monetary incentive 5
paid to Kentucky National Guard members when the Kentucky National 6
Guard is ca lled to hazardous duty assignments while on state active duty 7
service during a state of emergency as declared by the Governor; and 8
(b) "Hazardous duty" means work performed in conditions under which a 9
service member has an increased risk of serious injury, illness, or death. 10
(2) Only the Governor shall have the authority to order units and members of the 11
Kentucky National Guard into state active duty. 12
(a) The Governor may order units and individual members of the Kentucky 13
National Guard into state active duty for any of the following purposes: 14
1. Protecting lives and property; 15
2. Assisting in disaster relief or other humanitarian efforts; 16
3. Preventing or suppressing riot or civil disorder; 17
4. Enforcing the laws of the Commonwealth; or 18
5. Other similar purpose. 19
(b) In addition to o rdering personnel and units to state active duty, the Governor 20
may order other members of the Kentucky National Guard to participate in or 21
perform duty in support of state active duty missions, notwithstanding the fact 22
that they are then entitled to receiv e federal pay and allowances pursuant to 23
Title 32 of the United States Code. The personnel may be ordered to perform 24
state active duty support missions either prior to, during, or after the time that 25
state active duty missions are planned or performed. 26
(c) Members of the National Guard who are ordered to perform duty as provided 27
UNOFFICIAL COPY 26 RS HB 364/GA
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in paragraph [subsection (1)] (b) of this subsection[section] while they are 1
entitled to receive federal pay under Title 32 of the United States Code shall 2
have all of the powers, im munities, and benefits conferred by law upon 3
persons ordered to state active duty , except that they shall receive no 4
additional pay for the duty and the provisions of KRS 38.235 shall not apply 5
to them. The powers, immunities, and benefits conferred upon t hose persons 6
shall be in addition to, and not in place of, those powers, immunities, and 7
benefits provided under federal law. 8
(d) Any member of the National Guard may, with his or her consent, be ordered 9
to state active duty without pay. 10
(e) Any member of the Kentucky National Guard, excluding any individual 11
serving without pay pursuant to paragraph (d) of this subsection, shall 12
receive Commonwealth emergency response pay. 13
(f) The Department of Military Affairs shall implement reasonable personnel 14
pay and c lassification rates for Commonwealth emergency response pay at 15
the equivalent of two (2) days of pay for every one (1) day of qualifying duty 16
performed for the initial response period of seventy -two (72) hours or 17
longer, as determined by the adjutant general. 18
(3)[(2)] The Governor may direct the commanding officer of the military forces 19
ordered to state active duty to report to any civil officer, including, but not limited 20
to, judge, county judge/executive, mayor, sheriff, or head of law enforcement or 21
other public agency in whose jurisdiction the state active duty mission is to be 22
performed. The civil officer may advise the commanding officer regarding the 23
specific objectives to be accomplished by the military force, but the tactical 24
direction and dispositi on of the troops and the particular means to be employed to 25
accomplish the mission shall be left solely to the commanding officer of the 26
National Guard. 27
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(4)[(3)] Troops shall not be relieved from active field service except by order of the 1
Governor. 2
(5)[(4)] National Guard officers, enlisted soldiers, and airmen who are temporarily or 3
permanently disabled as a direct result of an injury or disease arising out of the 4
performance of an act in the line of duty while on state active duty shall, at the 5
discretion of the Governor, remain on paid state active duty status until a competent 6
medical authority releases them to return to their normal activities or the Governor 7
deems it appropriate to relieve the individual from state active duty status. 8
Compensation paid to the soldier or airman by the department shall be adjusted and 9
maintained at the soldier's or airman's regular rate of active duty pay; however, 10
compensation paid by the department shall be reduced by the amount of payments 11
received from workers' compensation insurance, Social Security benefits, and other 12
federal or state-financed disability programs designed to supplement the soldier's or 13
airman's income. Final compensation shall not be reduced by payments for medical 14
care. 15
Section 2. KRS 38.010 is amended to read as follows: 16
As used in this chapter, unless the context requires otherwise: 17
(1) "Kentucky National Guard" includes the Army National Guard and Air National 18
Guard; 19
(2) "Active Army National Guard and active A ir National Guard" includes those 20
organizations, officers, and enlisted personnel, both male and female, of the 21
federally recognized Kentucky National Guard authorized to receive federal pay, 22
arms, and equipment; 23
(3) "Inactive Army National Guard and inact ive Air National Guard" includes those 24
organizations, officers, and enlisted personnel, both male and female, of the 25
Kentucky National Guard not entitled to receive federal pay, arms, and equipment; 26
(4) "State active duty" is: 27
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(a) The ordering by the Gover nor of personnel or units of the Kentucky National 1
Guard to perform any duty authorized by KRS 38.030(2)[(1)](a); 2
(b) Officers, warrant officers, and enlisted personnel employed under orders of 3
the Governor in making tours of inspection, mustering in or mu stering out 4
troops, making surveys of military property, sitting on courts -martial, 5
summary courts, efficiency boards, courts of inquiry or boards of officers, or 6
performance of any other duty directed by the Governor or adjutant general; 7
(c) The participa tion of any unit or units of the Kentucky National Guard in 8
gunnery competition or other training or military exercise anywhere within or 9
without the United States. 10
(5) Words importing the masculine gender only shall extend to and be applied to 11
females as well as males. 12