20-2-6. Governor; call for federal or state service; powers.
230 words·~1 min read·
/nm/chapter-20-military-affairs/article-2-militia/20-2-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. When the national guard or a part thereof is called or ordered into active federal service under the constitution and laws of the United States and the numbers or composition of the national guard forces are insufficient to meet such call or order, the governor may order out and cause through the adjutant general to be enrolled into the organized militia such persons as may be required and expected to reasonably meet the federal call or order.
B. The governor may order out the organized militia when:
(1)the national guard or any significant portion thereof is called or ordered into active federal service and the remaining national guard forces are insufficient for the needs of the state; or
(2)the governor deems it necessary to meet a major disaster, experienced or anticipated. The governor is authorized to call into active state service the state defense force or any portion thereof as may be necessary for the protection and well being of the state. If the numbers or composition of the state defense force is inadequate to meet the need, the governor may call out and cause through the adjutant general to be enrolled from the unorganized militia such persons as are required to bring the organized militia up to strength.
History: 1978 Comp., § 20-2-6, enacted by Laws 1987, ch. 318, § 13; 2021, ch. 55, § 3.