The Vermont Statutes Online

Title 20: Internal Security and Public Safety

Chapter 061: General Provisions

• § 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.)