§ 1151. Organization and maintenance
(a) Whenever any part of the National Guard of this State is in active federal service,
the Governor may organize and maintain within this State any military forces the Governor
deems necessary to defend the State.
(b) The forces shall be:
(1) composed of officers commissioned or assigned, and any able-bodied citizens of the
State who volunteer for service;
(2) additional to and distinct from the National Guard and shall be known as the Vermont
State Guard;
(3) uniformed;
(4) located in places having National Guard units in federal service and, provided adequate
personnel are available for service, other places the Governor may direct; and
(5) subject to regulations adopted by the Secretary of the Army for the organization,
training, instruction, and discipline of similar military forces. (Amended 2017, No. 113 (Adj. Sess.), § 132; 2021, No. 10, § 55.)
§ 1152. Authority of Governor to adopt rules
The Governor may adopt rules consistent with the provisions of this chapter and chapters
63 and 65 of this title governing the enlistment, organization, administration, equipment,
maintenance, training, and discipline of the State Guard. The rules, to the extent
the Governor deems practicable and desirable, shall conform to existing law and rules
governing the National Guard and applicable regulations adopted by the Secretary of
the Army. (Amended 2017, No. 113 (Adj. Sess.), § 133; 2021, No. 10, § 56.)
§ 1153. Equipment and facilities
For the use of the State Guard, the Governor may request from the Secretary of the
Army any arms, ammunition, clothing, and equipment that the Secretary of the Army,
in his or her discretion and under regulations adopted by him or her, is authorized
to issue and to make available to the State Guard, the facilities of State armories
and their equipment, and other State premises and property that are available. (Amended 2017, No. 113 (Adj. Sess.), § 134; 2021, No. 10, § 57.)
§ 1154. Service outside State
(a) The State Guard shall not be required to serve outside the boundaries of this State
except:
(1) Upon the request of the governor of another state, the Governor may, in his or her
discretion, order any portion or all of the State Guard to assist the military or
police forces of the other state who are actually engaged in defending the other state.
The State Guard may be recalled by the Governor at his or her discretion.
(2) Any organization, unit, or detachment of the State Guard, upon order of the officer
in immediate command of it, 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 the organization, unit, or detachment, or until
the military or police forces of the other state or of the United States have had
a reasonable opportunity to take up the pursuit or to apprehend or capture the persons,
provided that the other state shall have given authority by law for the pursuit by
the State Guard.
(b) Any person apprehended or captured in another state by an organization, unit, or detachment
of the State Guard 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.
The surrender of the person who is apprehended or captured shall not constitute a
waiver by this State of its right to extradite or prosecute the person for any crime
committed in this State. (Amended 2021, No. 10, § 58.)
§ 1155. Military service of United States
(a) Nothing in this chapter or chapters 63 and 65 of this title shall be construed as
authorizing the State Guard, or any part of it, to be called, ordered, or in any manner
drafted into the U.S. Armed Forces.
(b) No person shall, by reason of his or her membership in any unit of the State Guard,
be exempted from military service under any federal law. (Amended 2021, No. 10, § 59.)
§ 1156. Uniform Code of Military Justice in relation to courts-martial
Whenever the State Guard, or any part of it, is ordered out for active service, the
Uniform Code of Military Justice applicable to members of the National Guard in relation
to courts-martial, their jurisdiction, and the limits of punishment and any rules
and regulations adopted pursuant to the Uniform Code of Military Justice shall apply
to the Vermont State Guard. (Amended 2017, No. 113 (Adj. Sess.), § 135; 2021, No. 10, § 60.)
§ 1157. When effective
This chapter and chapters 63 and 65 of this title shall be effective upon a 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, and shall be suspended
upon a 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. (Amended 2021, No. 10, § 61.)