The Vermont Statutes Online

Title 20: Internal Security and Public Safety

Chapter 029: Calling Out the National Guard

• Subchapter 001: STATE SERVICE

• § 601. When and by whom National Guard called out

  (a) The Governor or, in his or her absence, the Lieutenant Governor, or, in the absence of both, the Adjutant and Inspector General, in case of riot, rebellion, or insurrection within the State, or in case of great opposition to the service of legal process, whether civil or criminal, or in case of invasion or imminent danger of invasion, or in case of disaster, or emergency proclaimed by the Governor, may call out the National Guard, or such parts of the National Guard as he or she deems necessary, and may order this force into camp for instruction and drill.

  (b) Until discharged by order of the Governor, the force shall be subject to his or her order and shall be governed by the regulations adopted for the U.S. Army and Air Force.

  (c) The Governor may order the National Guard into camp for instruction and drill when, in his or her judgment, the interests of the State require. (Amended 1969, No. 261 (Adj. Sess.), § 1, eff. April 7, 1970; 1973, No. 223 (Adj. Sess.), § 7, eff. April 4, 1974; 2017, No. 113 (Adj. Sess.), § 120; 2021, No. 10, § 26.)

• § 602. Repealed. 2021, No. 10, § 27.

• § 603. Arms and equipment; pay and rations

  When the National Guard, or a part of it, is ordered out pursuant to section 366 or 601 of this title, the State shall furnish arms and equipment necessary for each officer, warrant officer, and enlisted person, and they shall be entitled to pay, subsistence, and quarters allowance equivalent to that paid to members of the U.S. Armed Forces for officers, warrant officers, and enlisted persons of corresponding grade and time in service as designated in the U.S. Armed Forces pay tables. (Amended 1961, No. 8, eff. March 3, 1961; 1971, No. 163 (Adj. Sess.), eff. March 21, 1972; 1977, No. 35; 2007, No. 45, § 1; 2011, No. 149 (Adj. Sess.), § 3; 2021, No. 10, § 28.)

• § 604. Failure of member of National Guard to report

  When ordered out, a member of the National Guard who does not appear at the time and place designated shall be taken to be absent without leave and be dealt with as in State active duty status. (Amended 1973, No. 223 (Adj. Sess.), § 8, eff. April 4, 1974; 2021, No. 10, § 29.)

• § 605. Repealed. 1973, No. 223 (Adj. Sess.), § 17, eff. April 4, 1974.

• § 606. Control of National Guard assisting civil officer

  When a portion of the National Guard is called out to assist a civil officer in the service of legal process, it shall be under the immediate command of the National Guard member of the highest rank who is present. The National Guard member in command shall act under and be subject to the general direction of the civil officer. (Amended 2021, No. 10, § 30.)

• § 607. State active duty death benefit

  There is established a death benefit in the amount of $50,000.00 for each Vermont National Guard member who dies while on State active duty or as the result of injuries incurred while on State active duty, provided the death or the injuries that result in death resulted from performing State active duty or from engaging in conduct related to State active duty. (Added 2007, No. 45, § 2; amended 2021, No. 10, § 31.)

• § 608. Civilian leave option

  If any member of the Vermont National Guard is ordered to State active duty by the Governor, the service member shall have the right to take leave without pay from his or her civilian employment and shall be entitled to the protections and rights provided pursuant to 21 V.S.A. § 491. No member of the National Guard shall be required to use or exhaust his or her vacation or other accrued leave from his or her civilian employment for a period of active service. (Added 2011, No. 149 (Adj. Sess.), § 4; amended 2021, No. 10, § 32.)

• § 609. Stay of legal proceedings because of service in National Guard

  (a)(1) If a member of the Vermont National Guard who is ordered to State active duty by the Governor is a party to a civil or administrative proceeding in any Vermont court, the proceeding:

  (A) may be stayed by the court on its own motion; or

  (B) shall be stayed by application of the member or person acting on behalf of the member, unless the court finds that the proceeding would not be materially affected by reason of the member’s absence or that the member can participate by telephone or other electronic means.

  (2) A motion for a stay under this subsection may be filed or the court may issue a stay at any time during the period of State active duty. Any stay issued shall not remain in effect for more than 30 days after the completion of State active duty.

  (b) An application for a stay pursuant to subdivision (a)(1)(B) of this section shall include a letter or other communication from the member or a person on his or her behalf setting forth facts stating the manner in which the member’s duty requirements materially affect the member’s ability to appear and stating a date when the member is expected to be available to appear, together with any necessary information from the member’s commanding officer.

  (c)(1) This section shall not apply to:

  (A) proceedings involving relief from abuse orders under 15 V.S.A. chapter 21, subchapter 1;

  (B) proceedings involving orders against stalking or sexual assault under 12 V.S.A. chapter 178;

  (C) proceedings involving abuse prevention orders for vulnerable adults under 33 V.S.A. chapter 69, subchapter 1; or

  (D) civil operator’s license suspension proceedings under 23 V.S.A. § 1205.

  (2) If a service member is unable to appear at a hearing due to responsibilities related to State active duty service, the court may issue interim or ex parte orders in proceedings identified in subdivision (1)(A), (B), or (C) of this subsection, and the Department of Motor Vehicles may suspend a civil operator’s license. If the court issued any order while the member was on State active duty, upon the member’s return, he or she shall, upon request, be entitled to a hearing and the opportunity to move to strike or modify the order or suspension issued in his or her absence. If the civil operator’s license is reinstated, there shall be no reinstatement fee. (Added 2011, No. 149 (Adj. Sess.), § 5; amended 2021, No. 10, § 33.)

• Subchapter 002: FEDERAL SERVICE

• § 641. When and by whom called out

  Upon the request of the President of the United States, and in case of war or invasion, or to prevent insurrection or invasion, the Governor may call out as many of the Vermont National Guard as the circumstances require. The National Guard, when ordered to prepare for actual service, shall be administered and trained according to the laws of this State and of the United States. On the termination of the emergency, all persons discharged from the military service who were, upon draft into federal service, members of the Vermont National Guard shall resume their membership in the Vermont National Guard, and shall continue to serve in the Vermont National Guard until the dates upon which their enlistments prior to their draft would have expired if uninterrupted. (Amended 1973, No. 223 (Adj. Sess.), § 9, eff. April 4, 1974; 2021, No. 10, § 34.)

• § 642. Failure to report

  Each officer, noncommissioned officer, and enlisted person ordered out, and every volunteer or drafted person, who fails to appear at the time and place designated, without rendering a sufficient excuse for the failure, shall be dealt with as provided by the laws of the United States in like cases. (Amended 2021, No. 10, § 35.)

• § 643. Repealed. 2021, No. 10, § 36.

• § 644. Repealed. 1973, No. 223 (Adj. Sess.), § 17, eff. April 4, 1974.

• § 645. Repealed. 2021, No. 10, § 37.