1 SB28
2 214980-3
3 By Senator Butler
4 RFD: Veterans and Military Affairs
5 First Read: 11-JAN-22
6 PFD: 01/05/2022
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3
4 ENROLLED, An Act,
5 Relating to the Alabama National Guard; to provide
6 for the inclusion of the Space National Guard within the
7 Alabama National Guard, contingent upon its creation by the
8 federal government.
9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
10 Section 1. Sections 31-2-1, 31-2-3, 31-2-55,
11 31-2-57, and 31-3-1, Code of Alabama 1975, are amended to read
12 as follows:
13 "31-2-1.
14 "The following definitions shall be used in
15 construing, interpreting, enforcing, and applying the
16 provisions of this chapter or any provision of any other act
17 affecting the militia, the Military Department, or any parts
18 thereof:
19 "(1) ARMED FORCES OF THE STATE OF ALABAMA. The
20 National Guard to include army and, air, and space, the
21 Alabama State Guard, and the Naval Militia.
22 "(2) NATIONAL DEFENSE ACT. Title 32, United States
23 Code, and amendments thereto, and that body of laws enacted by
24 Congress relating to the reserve components of the Armed
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1 Forces of the United States and amendments thereto, heretofore
2 or which may hereafter be enacted.
3 "(3) REGULATIONS OF THE DEPARTMENT OF DEFENSE. All
4 regulations or directives issued by the Secretary of Defense
5 or by the appropriate secretary of a service in the Department
6 of Defense, including the Chief of the National Guard Bureau.
7 "(4) UNIFORM CODE OF MILITARY JUSTICE. Chapter 47,
8 Title 10, United States Code, and all amendments heretofore or
9 hereafter enacted, and all executive orders and regulations
10 pursuant thereto.
11 "(5) UNIT DESIGNATIONS. Headquarters, company,
12 troop, battery, battalion, flight, group, brigade, squadron,
13 regiment, division, wing, or other unit designations used by
14 the National Guard shall be in accordance with the common
15 usage or regulations of the United States Armed Forces.
16 "31-2-3.
17 "The militia of the state shall be divided into the
18 organized militia, the retired list, and the unorganized
19 militia, which together shall constitute the state military
20 forces. The organized militia shall be composed of: An army
21 national guard and, an air national guard, and a space
22 national guard, which forces, together with an inactive
23 national guard, shall comprise the Alabama National Guard; the
24 Alabama Naval Militia; and the Alabama State Guard, whenever
25 any such force is of the forces are organized by the Governor
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1 pursuant to existing laws. The National Guard, army or, air,
2 or space, shall consist of such organizations and units as
3 that the Commander in Chief may from time to time authorize to
4 be formed, all to be organized in accordance with the laws of
5 the United States affecting the National Guard, army and, air,
6 and space, and the regulations issued by the appropriate
7 Secretary of the Department of Defense.
8 "31-2-55.
9 "Officers and enlisted men and women of the
10 headquarters and headquarters detachment of the Alabama Army
11 and, Air, and Space National Guard shall be selected and
12 appointed from among the active or inactive members of the
13 National Guard by the Adjutant General in the same manner as
14 for other units.
15 "31-2-57.
16 "All members of the federally recognized
17 headquarters and headquarters detachment, Alabama Army and,
18 Air, and Space National Guard, who are full-time military
19 employees of the state, and such other members of the
20 headquarters and headquarters detachment, Alabama Army and,
21 Air, and Space National Guard, as the Governor may deem
22 necessary, shall, if authorized by federal military laws and
23 authorities when they or the National Guard and Naval Militia
24 are ordered into the federal service in case of a national
25 crisis, be assigned to duty in the state headquarters in
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1 connection with the execution of any national selective
2 service act, the National Defense Act, or any similar federal
3 laws enacted for the purpose of inducting the manpower of this
4 state and of the nation into the military, naval, or other
5 similar emergency service of the United States, in connection
6 with the organization, training, and maintenance of temporary
7 military forces by the state as "home guards" or similar
8 forces and in the operation of the State Military Department,
9 to the extent permitted by federal authorities and not
10 inconsistent with their federal duties.
11 "31-3-1.
12 "(a) The following words and phrases when used in
13 this chapter shall have the following meanings, respectively,
14 unless the context shall clearly indicate a different meaning
15 in the connection used:
16 "(1) AWARDING AUTHORITY. The State Board of
17 Adjustment, created and existing pursuant to Article 4 of
18 Chapter 9 of Title 41 of this Code.
19 "(2) CHILD or CHILDREN. Such term includes Includes
20 posthumous children and all other children entitled by law to
21 inherit as children of the deceased, also stepchildren who
22 were members of the family of the deceased at the time of his
23 or her death, and dependent upon him or her for support, also
24 a grandchild of the deceased Alabama national guardsman, whose
25 father parent is dead or is an invalid, and who was supported
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1 by and was a member of the family of such the deceased
2 grandparent at the time of his or her death.
3 "(3) DEPENDENT CHILD. An unmarried child under the
4 age of 18 years, or one over that age who is physically or
5 mentally incapacitated from earning.
6 "(4) ALABAMA NATIONAL GUARDSMEN. The officers and
7 men and women commissioned or enlisted in the Alabama National
8 Guard, army or, air, or space, as defined in Section 31-2-3.
9 "(b) For the purposes of this chapter, the following
10 described persons shall be conclusively presumed to be wholly
11 dependent:
12 "(1) A wife spouse of an Alabama National Guardsman,
13 unless it be shown that she the spouse was voluntarily living
14 apart from her husband the national guardsman at the time of
15 his the national guardsman's death, or unless it be shown that
16 the husband national guardsman was not in any way contributing
17 to his or her spouse's support and had not in any way
18 contributed to his or her spouse's support for more than 12
19 months next preceding the occurrence of the injury causing his
20 the national guardsman's death.
21 "(2) Minor children under the age of 18 years and
22 those over 18, if physically and mentally incapacitated from
23 earning, children 18 or more years of age.
24 "(3) A husband, wife, child, mother, father,
25 grandmother, grandfather, sister, brother, mother-in-law, and
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1 father-in-law who were wholly supported by the deceased
2 Alabama national guardsman, at the time of his the national
3 guardsman's death and for a reasonable period of time prior
4 thereto, shall be considered his or her dependents and payment
5 of compensation may be made to them as authorized in this
6 chapter.
7 "(c) Any member of the class named in subdivision
8 (b)(3) of this section who regularly derived part of his or
9 her support from the earnings of the deceased Alabama national
10 guardsman, at the time of his death of the national guardsman
11 and for a reasonable time immediately prior thereto, shall be
12 considered his a partial dependent of the national guardsman
13 and payment of compensation may be made to such the partial
14 dependent as authorized in this chapter."
15 Section 2. This act shall become operative only if
16 the federal government creates the Space National Guard in the
17 National Defense Authorization Act by fiscal year 2025.
18 Section 3. This act shall become effective on the
19 first day of the third month following its passage and
20 approval by the Governor, or its otherwise becoming law.
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1
2
3
4 President and Presiding Officer of the Senate
5
6 Speaker of the House of Representatives
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8 Senate 15-FEB-22
9 I hereby certify that the within Act originated in and passed
10 the Senate.
11
12 Patrick Harris,
13 Secretary.
14
15
16
17 House of Representatives
18 Passed: 24-FEB-22
19
20
21 By: Senator Butler
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Statutes affected:
Introduced: 31-2-1, 31-2-3, 31-2-55, 31-2-57, 31-3-1
Enrolled: 31-2-1, 31-2-3, 31-2-55, 31-2-57, 31-3-1