State Military Reserve Act

The Military and Veterans Code, in Division 2, Part 2, Chapter 3, provides the State Military Reserve Act. Section 550 provides that, whenever any part of the National Guard of this state is in active federal service, or when Congress consents, the Governor may organize and maintain within this state during that period, under regulations the Secretary of Defense of the United States may prescribe for discipline in training, the military forces the Governor deems necessary to defend and for the security of this state.

In addition, the Governor may authorize the organization and maintenance of these forces at cadre strength at any time. These forces are composed of officers commissioned or assigned, and the qualified citizens or persons who are not citizens or nationals of the United States who have declared their intentions to become citizens and who volunteer for service, supplemented, if necessary, by members of the unorganized militia enrolled by draft or otherwise as provided by law. These forces are additional to and distinct from the National Guard and are known as the State Guard. These forces are uniformed under the conditions and subject to the regulations as the Governor may prescribe.

Section 551 authorizes the Governor to prescribe rules and regulations governing the enlistment, organization, administration, equipment, maintenance, training, and discipline of forces. The rules and regulations must conform to existing law governing and pertaining to the National Guard and prohibit the acceptance of gifts, donations, gratuities, or anything of value by those forces or any member of those forces from any individual, firm, association, or corporation by reason of that membership.

Section 552 requires officers and warrant officers of the forces authorized on active duty in the service of the state to receive the same pay and allowances as officers of similar grade in the Army of the United States. When an officer or warrant officer of the forces authorized is detailed for special duty in any matter relating to those forces, by order of the Governor, they are allowed the same pay and allowances as officers or warrant officers of similar grade in the Army of the United States and actual traveling expenses.

Section 553 requires enlisted persons of the forces herein authorized on active duty in the service of the State to receive the same pay and allowances, except family allowances, as enlisted persons of similar grade in the Army of the United States.

Section 554 allows the Governor to submit requisitions to the United States Secretary of Defense for any arms and equipment in the possession of and excess to or not required by the Department of the Army or allotted or available to the State Guard. The Governor may provide arms and equipment to the State Guard that are not furnished by the Department of the Army and are required in the defense of the state. The Governor may make available to the State Guard armories and other state premises, property, supplies, and equipment as may be available.

Section 555 prohibits these forces from being required to serve outside the boundaries of this state except in specified situations.

Section 556 states any military forces or organization, unit or detachment of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue the pursuit into this State until the military or police forces of this State or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are hereby authorized to arrest or capture such persons within this State while in fresh pursuit.

Section 557 prohibits a person, by reason of their enlistment or commission in any forces, from being exempted from military service under any law of the United States.

Section 558 prohibits any civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group from being enlisted in the forces as an organization or unit.

Section 559 prohibits a person from being commissioned or enlisted in the State Guard if either of two specified situations occur.

Section 560 provides the Uniform Code of Military Justice and the Manual for Courts-Martial, United States, 1984 are adopted as part of this code and are applicable to and govern the State Guard. An officer or enlisted person of the State Guard cannot be arrested on any warrant, except for treason or a felony, while going to, remaining at, or returning from a place the person is ordered to attend for military duty.

Section 562 specifies that, in all cases in which any officer, warrant officer or enlisted person of the State Guard, when in the performance of ordered duty, or when ordered into the active service of the state, is wounded, injured, disabled, or killed in active service, or in the performance of ordered duty and in line of duty, the officer or warrant officer or enlisted person or the dependents of that officer or warrant officer or enlisted person is entitled to receive compensation from the state.

In all such cases, an officer, warrant officer, enlisted person is held and deemed to be an employee of the state. The compensation to be awarded to any such officer, warrant officer, enlisted person is ascertained, determined, and fixed upon the basis of the person’s average income from all sources during the year immediately preceding the date of the injury or death or the commencement of the disability, but the compensation shall in no case exceed the maximum prescribed.

Section 563 declares all members of the forces to be engaged in military service within the meaning of that term as used in Article XXIV of the Constitution of this State and are exempt from civil service.

Section 564 extends all of the rights, privileges and benefits provided in Sections 394 and 395 of this code members of the forces while in the active service of this State. Section 565 names this chapter as the State Military Reserve Act. Section 566 specifies certain code section as applying to the forces.