(a) (1) The Governor shall have power to order into the active service of the state for such a period, to such extent, and in such manner as he or she may deem necessary, all or any part of the organized militia:
(A) In case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof;
(B) To preserve the public health and security and maintain law and order; or
(C) For the purpose of working with other state agencies in the planning and training for emergencies or disasters and to respond to emergencies or disasters.
(2) Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States Army, Navy, or Air Force commander in charge of the defense of any area within the state.
(b) (1) Upon the request of either the judge or sheriff of a county or the mayor of a city, whenever it is made to appear to the Governor that there is a breach of the peace, riot, resistance to process of this state, or disaster or imminent danger thereof, the Governor may order into the active service of the state, for such period, to such extent, and in such manner as he or she may deem necessary, all or any part of the organized militia.
(2) The compensation of all officers and enlisted personnel while on duty or assembled pursuant to this subsection and all expenses incurred in connection with such duty or as a result thereof shall be paid in the manner prescribed by law.
Section: Previous 12-61-104 12-61-105 12-61-106 12-61-107 12-61-108 12-61-109 12-61-110 12-61-111 12-61-112 12-61-113 12-61-114 12-61-115 12-61-116 12-61-117 12-61-118 NextLast modified: November 15, 2016