The Vermont Statutes Online
§ 1151. Organization and maintenance
Whenever any part of the national guard of this state is in active federal service, the governor is hereby authorized to organize and maintain within this state during such period, under such regulations as the secretary of the army of the United States may prescribe for the organization, standards of training, instruction and discipline such military forces as the governor may deem necessary to defend this state. Such forces shall be composed of officers commissioned or assigned, and such able-bodied citizens of the state as shall volunteer for service therein, supplemented, if necessary, by men of the unorganized militia enrolled by draft or otherwise as provided by law. Such forces shall be additional to and distinct from the national guard and shall be known as the Vermont state guard. Such forces shall be uniformed. Such forces shall be located in places having national guard units therefrom then in federal service and such other places as the governor may direct provided adequate personnel are available for such service.
§ 1152. Authority of governor to prescribe regulations
The governor is hereby authorized to prescribe rules and regulations not inconsistent with the provisions of part 3 of this title governing the enlistment, organization, administration, equipment, maintenance, training and discipline of such forces; provided, however, that such rules and regulations, insofar as he deems practicable and desirable, shall conform to existing law governing and pertaining to the national guard and the rules and regulations promulgated thereunder, and such regulations as the secretary of the army may prescribe.
§ 1153. Equipment and facilities
For the use of such forces, the governor is hereby authorized to requisition from the secretary of the army such arms, ammunition, clothing, and equipment as the secretary of the army in his or her discretion and under regulations determined by him or her is authorized to issue and to make available to such forces the facilities of state armories and their equipment and such other state premises and property as may be available.
§ 1154. Service outside state
Such forces should not be required to serve outside the boundaries of this state except:
(1) Upon the request of the governor of another state, the governor of this state may, in his or her discretion, order any portion or all of such forces to assist the military or police forces of such other state who are actually engaged in defending such other state. Such forces may be recalled by the governor at his discretion.
(2) Any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this state into another state until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of the other 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, provided, that such other state shall have given authority by law for such pursuit by such forces of this state. Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of the forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which he or she is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.
§ 1155. Military service of United States
Nothing in part 3 of this title shall be construed as authorizing such forces, or any part thereof, to be called, ordered or in any manner drafted, as such, into the military service of the United States, but no person shall, by reason of his or her membership in any unit of any such military forces, be exempted from military service under any federal law.
§ 1156. Articles of war in relation to courts-martial
Whenever such forces or any part thereof shall be ordered out for active service the articles of war of the United States applicable to members of the national guard of this state in relation to court-martial, their jurisdiction and the limits of punishment and the rules and regulations prescribed thereunder shall be in full force and effect with respect to the Vermont state guard.
§ 1157. When effective
Part 3 of this title shall take effect from its passage, shall be suspended upon determination and proclamation by the governor and the emergency board that a substantial part of the national guard is available for duty within the state, and shall be effective after such suspension upon determination and proclamation by the governor and the emergency board that a substantial part of the national guard is not available for duty within the state.