As used in this chapter, unless the context requires otherwise:
(1) "Kentucky National Guard" includes the Army National Guard and Air National
Guard;
(2) "Active Army National Guard and active Air National Guard" includes those
organizations, officers, and enlisted personnel, both male and female, of the
federally recognized Kentucky National Guard authorized to receive federal pay,
arms, and equipment;
(3) "Inactive Army National Guard and inactive Air National Guard" includes those
organizations, officers, and enlisted personnel, both male and female, of the
Kentucky National Guard not entitled to receive federal pay, arms, and equipment;
(4) "State active duty" is:
(a) The ordering by the Governor of personnel or units of the Kentucky National
Guard to perform any duty authorized by KRS 38.030(1)(a);
(b) Officers, warrant officers, and enlisted personnel employed under orders of
the Governor in making tours of inspection, mustering in or mustering out
troops, making surveys of military property, sitting on courts-martial,
summary courts, efficiency boards, courts of inquiry or boards of officers, or
performance of any other duty directed by the Governor or adjutant general;
(c) The participation of any unit or units of the Kentucky National Guard in
gunnery competition or other training or military exercise anywhere within or
without the United States.
(5) Words importing the masculine gender only shall extend to and be applied to
females as well as males.
Effective: April 9, 1992
History: Amended 1992 Ky. Acts ch. 307, sec. 3, effective April 9, 1992. -- Amended
1976 Ky. Acts ch. 161, sec. 1. -- Amended 1970 Ky. Acts ch. 265, sec. 1. --
Amended 1958 Ky. Acts ch. 89, sec. 1. -- Amended 1954 Ky. Acts ch. 98, sec. 1. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 2711a-234.
Notes of Decisions
Kentucky Nat'l Guard v. Bayles, 535 S.W.2d 234 (Ky. 1976).
· cites it 2× “” KRS 38.010(4) defines “active state service” as “(a) The ordering by the governor of any unit or units of the Kentucky national guard to enforce the laws of the commonwealth; resist an actual or threatened invasion or insurrection; quell a riot or other domestic disturbance;…”
Greenwood v. Commonwealth, 468 A.2d 866 (Pa. Commw. Ct. 1983).
“” However, Ky. Rev. Stat. §38.010(4) limited the definition of “active state service’’ as follows: “The participation of any unit or units of the Kentucky National Guard in gunnery competition or other training *489 or military exercise anywhere within or without the United…”
Lucas v. Military Dept., 498 So. 2d 161 (La. Ct. App. 1986).
“It may be that KRS 38.010(4), defining `active state service', could have been more artfully drawn to accomplish its purpose but it is adequate to do the job.”
Commonwealth, Dep't of Educ., Div. of Surplus v. Smith, 759 S.W.2d 56 (Ky. 1988).
“Every person who is a member of the Kentucky national guard, while said person is on active state service as defined in KRS 38.010(4) shall be deemed for the purposes of this chapter to be in the employment of this state.”
— Ky. Rev. Stat. § 38.010(4) — 4 cases
Kentucky Nat'l Guard v. Bayles, 535 S.W.2d 234 (Ky. 1976).
“” KRS 38.010(4) defines “active state service” as “(a) The ordering by the governor of any unit or units of the Kentucky national guard to enforce the laws of the commonwealth; resist an actual or threatened invasion or insurrection; quell a riot or other domestic disturbance;…”
Greenwood v. Commonwealth, 468 A.2d 866 (Pa. Commw. Ct. 1983).
“” However, Ky. Rev. Stat. §38.010(4) limited the definition of “active state service’’ as follows: “The participation of any unit or units of the Kentucky National Guard in gunnery competition or other training *489 or military exercise anywhere within or without the United…”
Lucas v. Military Dept., 498 So. 2d 161 (La. Ct. App. 1986).
“It may be that KRS 38.010(4), defining `active state service', could have been more artfully drawn to accomplish its purpose but it is adequate to do the job.”
Commonwealth, Dep't of Educ., Div. of Surplus v. Smith, 759 S.W.2d 56 (Ky. 1988).
“Every person who is a member of the Kentucky national guard, while said person is on active state service as defined in KRS 38.010(4) shall be deemed for the purposes of this chapter to be in the employment of this state.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.