Bill Text: NC H250 | 2011-2012 | Regular Session | Amended
Bill Title: Various Clarifying Militia Law Amendments
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2011-06-23 - Ch. SL 2011-195 [H250 Detail]
Download: North_Carolina-2011-H250-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 250*
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Short Title: Various Clarifying Militia Law Amendments. |
(Public) |
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Sponsors: |
Representatives Ross, Martin, and Hall (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
Judiciary Subcommittee A. |
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March 9, 2011
A BILL TO BE ENTITLED
AN ACT to make references in chapter 127A of the north carolina general statutes to federal and state military organizations proper and uniform, as directed by session law 2009‑281, as amended by session law 2010‑152, and to make other clarifying, conforming, and technical amendments, as recommended by the general statutes commission.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Chapter 127A of the General Statutes reads as rewritten:
"Chapter 127A.
"Militia.
"Article 1.
"Classification of Militia.
"§ 127A‑1. Composition of militia.
The militia of the State shall consist of all able‑bodied
citizens of the State and of the United States and such all other
able‑bodied persons who have or shall declare their intention to become
citizens of the United States, subject to such the qualifications
as may be hereinafter prescribed, prescribed in this Chapter, who
shall be drafted into said the militia or shall voluntarily
accept commission, appointment, or assignment to duty therein.
"§ 127A‑3. Organized militia; National Guard.
The North Carolina National Guard, both army and air, Army
and Air, shall consist of regularly commissioned, warrant and enlisted
personnel between such ages as may be within the age limits established
by regulations promulgated by the secretary of the appropriate service and
shall be organized, governed, armed, equipped and have such the duties
and responsibilities as hereinafter provided.provided in this
Chapter.
"§ 127A‑4. Organized militia; naval militia.
The naval militia shall consist of regularly commissioned,
warrant and enlisted personnel between such ages as may be within the
age limits established by regulations promulgated by the secretary of the
appropriate service and shall be organized, governed, armed, equipped and have such
the duties and responsibilities as hereinafter provided.provided
in this Chapter.
"§ 127A‑5. Organized militia; State defense militia.
The State defense militia shall consist of commissioned,
warrant and enlisted personnel called, ordered, appointed or enlisted therein
by the Governor under the provisions of Article 5 of this Chapter and shall be
organized, governed, armed, equipped and have such the duties and
responsibilities as hereinafter provided.provided in this Chapter.
"§ 127A‑6. Organized militia; historic military commands.
Historic military commands are those historic groups which
remain active by meeting at least once a month and which follow military
procedures. Only such groups as may be designated by the Governor
shall fall within this branch of the militia. Any maximum age limits prescribed
by this Chapter shall not be applicable do not apply to members
of historic military commands.
"§ 127A‑7. Composition of unorganized militia.
The unorganized militia shall consist of all other able‑bodied
citizens of the State and of the United States and such all other
able‑bodied persons who have or shall declare their intention to become
citizens of the United States, who shall be at least 17 years of age, except those
who have been convicted of a felony or discharged from any component of the
military under other than honorable conditions.
"§ 127A‑8. Exemptions from duty with the militia.
The officers, judicial and executive, of the government of
the United States and the State of North Carolina, persons in the military or
naval service of the United States, customhouse clerks, persons employed by the
United States in the transmission of mail, artificers and personnel employed in
the armories, arsenals and navy yards of the United States, pilots, and mariners
actually employed in the sea service of any citizen or merchant within the
United States shall be exempt from duty with the militia without regard to age,
and all persons who, because of religious beliefs, shall claim exemption
from duty with the militia, if the conscientious holding of such the
belief by such that person shall be is established
under such the regulations as are or may be prescribed for
exemption from service with the armed forces Armed Forces of the
United States, shall be exempted from militia service in a combatant capacity;
but no person so exempted shall be exempt from militia service in any capacity
that shall be declared noncombatant for the armed forces Armed Forces
of the United States.
"§ 127A‑9. Number of troops authorized.
In time of peace the State shall maintain only such those
troops as may be that are authorized by the President of the
United States; but nothing contained in this Chapter shall be construed as
limiting the rights of the State in the use of the North Carolina National
Guard or the State defense militia or both within its borders in time of peace.
Nothing contained in this Chapter shall prevent the organization and
maintenance of State police or constabulary.
"§ 127A‑10. Corps entitled to retain privileges.
Any corps of artillery, cavalry, or infantry existing in the
State on the passage of the act of Congress of May 8, 1792, which by the laws,
customs, or usages of the State has been in continuous existence since the
passage of such that act, under its provisions and under the
provisions of section 232 and sections 1625 to 1660, both inclusive, of Title
16 of the revised statutes of 1873 and the act of Congress of January 21, 1903,
relating to the militia, shall be allowed to retain its ancient privileges,
subject, nevertheless, to all duties required by law of the militia; but such
these organizations may be a part of the North Carolina National
Guard, and entitled to all the privileges of this Chapter, and shall conform in
all respects to the organization, discipline, and training of the North
Carolina National Guard in time of war. For purposes of training and when
on active duty in the service of the United States they may be assigned to
higher units, as the President may direct, and shall be subject to the orders
of officers under whom they shall be serving.
"Article 2.
"General Administrative Officers.
"§ 127A‑17. Commander in chief to prescribe regulations.
The commander in chief shall have the power and it shall
be his dutythe duty, from time to time time, to issue such
orders and to prescribe such regulations relating to the organized
and unorganized militia as will causethat are necessary for the same
militia at all times to conform to the federal requirements of the
United States government relating thereto.
"§ 127A‑17.1. Confidentiality of National Guard records.
Notwithstanding any provision of Chapter 143B,143B
of the General Statutes, no records of the North Carolina National
Guard in the Department of Crime Control and Public Safety shall be disclosed
or used for any purpose except for official purposes, and no records shall be
disclosed, destroyed or used in any manner which is in violation of any
existing federal law or regulation. Nothing in this Chapter shall convert
records which are the property of the federal government into State property.
"§ 127A‑18. Personal staff of Governor.
The Governor may detail not more than 10 active North Carolina National Guard members and two active naval militia members who shall in addition to their regular duties, perform the duties of aides‑de‑camp on the personal staff of the Governor.
"§ 127A‑19. Adjutant General.
The military head of the militia shall be the Adjutant
General who shall hold the rank of major general. The Adjutant General shall be
appointed by the Governor in his the Governor's capacity as
commander in chief of the militia, in consultation with the Secretary of Crime
Control and Public Safety, and shall serve at the pleasure of the Governor. No person
shall be appointed as Adjutant General who has less than five years'
commissioned service in an active status in any component of the armed
forcesArmed Forces of the United States. The Adjutant General, while
holding such this office, may be a member of the active North
Carolina National Guard or naval militia.
Subject to the approval of the Governor and in consultation
with the Secretary, DepartmentSecretary of Crime Control and
Public Safety, the Adjutant General may appoint (i) a deputy adjutant general
who may hold the rank of major general, and (ii) an assistant adjutant general
for Army National Guard, and an assistant adjutant general for Air National
Guard, each of whom may hold the rank of brigadier general and who shall serve
at the pleasure of the Governor. The Adjutant General may also employ such staff
members and other personnel as may be authorized by the Secretary and
funded.
"§ 127A‑21. United States property and fiscal officer.
(a) The Governor of the State, in consultation with the
Secretary of Crime Control and Public Safety, shall appoint, designate, or
detail, subject to the approval of the Secretary of the Army and the Secretary
of the Air Force, a qualified commissioned officer of the North Carolina
National Guard who is also a commissioned officer of the Army National Guard of
the United States or the Air National Guard of the United States, as the case
may be, to be the United States property and fiscal officer for North Carolina.
If the officer is not on active duty, the President may order him the
officer to active duty, with his the officer's consent, to
serve as a property and fiscal officer.
(b) The status of the United States property and
fiscal officer is that of a reserve commissioned officer of the army or air
force,United States Army or Air Force, as appropriate, on extended
active duty and detailed for duty with the National Guard Bureau for
administrative purposes. In his the officer's capacity as United
States property and fiscal officer, he the officer will function
under the direction of and cooperate fully with the State Adjutant General.
(c) The assumption and performance of duties and responsibilities, pay and allowances, and other personnel actions to include retention and retirement of an officer appointed and serving as the United States property and fiscal officer will be governed by regulations promulgated by the National Guard Bureau or pursuant to regulations promulgated by the secretary of the appropriate service.
"§ 127A‑22. North Carolina property and fiscal officer.
(a) Upon full mobilization of the North Carolina
National Guard into federal service to the extent that the functions of a
United States property and fiscal officer no longer exist or are authorized
under federal statutes, the Governor of the State, in consultation with the
Secretary of Crime Control and Public Safety, may appoint, designate or detail
a qualified individual to serve at the pleasure of the Governor as the North
Carolina property and fiscal officer for any composition of a nonfederally
recognized State National Guard or State defense militia organized under the
provisions of G.S. 127A‑1 et seq.this Chapter.
(b) In consideration of his the North
Carolina property and fiscal officer's services for the responsibility,
care, utilization, and issue of State or federal facilities and property, under
the jurisdiction of the State of North Carolina, the North Carolina property
and fiscal officer shall receive from the State such a just and
proper salary as the Governor may authorize to be just and proper;authorized
by the Governor; the salary to constitute a charge upon appropriations made
to the Department of Crime Control and Public Safety.
(c) The North Carolina property and fiscal
officer for North Carolina shall be an employee of the Department of
Crime Control and Public Safety. He The officer shall be required
to give good and sufficient bond to the State, the amount thereof to be
determined by the Governor, for the faithful performance of his duties
and for the safekeeping and proper distribution of such the funds
and property entrusted to his the officer's care. He The
officer shall receipt for and account for all funds and property allotted
to his the officer's custody from the appropriation for military
purposes by State and federal agencies, and shall make such returns and
reports through the Secretary of Crime Control and Public Safety concerning same
the property and funds as may be required by the Governor or
State laws.
"§ 127A‑23. Commissions for commandants and officers at qualified educational institutions.
The Governor of North Carolina is authorized to appoint and
commission, as staff officers of the North Carolina unorganized militia, the
officers of any university, college, academy or other educational institution
which qualifies as herein provided.provided in this section. Any
university, college, academy or other educational institution shall be
qualified under this section when such the institution has been
regularly incorporated under and by virtue of the laws of North Carolina; the
institution, as a part of its courses of study, regularly teaches military
science and tactics; the Department of Defense at Washington, D.C., has
detailed an officer of the armed forcesArmed Forces of the United
States as professor or assistant professor of military science and tactics;
the institution has been designated as qualified by the secretary of the
appropriate service and has been made a unit of the Senior or Junior Reserve
Officers' Training Corps, or the institution, not having a unit of the Reserve
Officers' Training Corps, has been approved and authorized by the Secretary of
Defense to participate in the National Defense Cadet Corps Training Program or
other military training programs under Title 10, United States Code, sections
3540 and 4651.
Any qualified institution desiring the appointment of
officers in the North Carolina unorganized militia shall make application to
the Governor setting forth all requisite facts as to its qualifications, the
names of the persons to be commissioned, the rank desired for each, and the
person's position at the institution. The application shall be signed by the
chancellor, president, superintendent or other presiding official, under the
seal of the institution. Upon receipt of the application, the Governor may
appoint and commission the officers of such a qualified
institution as follows: the chancellor, president, superintendent or other
presiding official, as colonel; the vice‑president, principal or other
officer second in authority, as major; the professors and members of the
faculty, as captains. The persons so commissioned shall have no connection with
the North Carolina National Guard or other military forces of the State,
nor shall they exercise any military authority other than in the discharge of
their duties at their respective institutions. The commissions issued under
this section may be terminated at the will of the Governor.
"Article 3.
"National Guard.
"§ 127A‑29. National Guard.
The North Carolina National Guard class of the four
classes of the organized militia as established under G.S. 127A‑2 is
hereby designated the North Carolina National Guard.'North Carolina
National Guard.' Those elements of the North Carolina National Guard which
receive federal recognition by the United States government shall hold a dual
status both as State troops and as a reserve component of the armed forcesArmed
Forces of the United States. In its federal status, the North Carolina
National Guard shall be subject to federal laws and regulations pertaining
thereto. The Adjutant General shall insure compliance with such those
federal laws and regulations and with all State laws and orders of the
Governor not inconsistent with those federal laws and regulations.them.
"§ 127A‑30. Organization of National Guard units.
Except as otherwise specifically provided by the laws of the
United States, the organization of the North Carolina National Guard,
including the composition of all units thereof,its units, shall
be the same as that which is or may hereafter be prescribed for the regular army
or air forceUnited States Army or Air Force subject in time of peace
to such general exceptions as may be authorized by the Secretary
of Defense.
"§ 127A‑31. Location of units.
The Governor shall determine and fix the location of the
units and headquarters of the North Carolina National Guard within the
State; but no organization of the North Carolina National Guard, members
of which shall be entitled to and shall have received compensation under the
provisions of the act of Congress approved June 3, 1916, as amended, shall be
disbanded without the consent of the President, nor without such that
consent shall the commissioned or enlisted strength of any such
organization be reduced below the minimum that is now or shall be hereafter
prescribed therefor by the President.
"§ 127A‑32. Officers appointed and commissioned; oath of office.
All officers of the North Carolina National Guard shall be appointed and commissioned by the Governor as follows, viz.:
(1) Except as otherwise specifically provided by the
laws of the United States, the qualifications for appointment as an officer in
the North Carolina National Guard shall be the same as those prescribed
for the regular establishment, subject to such general exceptions as
may be authorized by the Secretary of Defense.
(2) Candidates for such appointment shall make
written application therefor on such forms as may be prescribed
by the secretary of the appropriate service, to the Adjutant General, State of
North Carolina, through command channels for comment by endorsements thereon.
(3) No person shall hereafter be appointed an officer
of the North Carolina National Guard unless he the person has
established to the satisfaction of a board of officers his that
person's physical, moral, and professional qualifications to perform the
duties of the grade and position for which examined, subject to such general
exceptions as may be authorized by the Secretary of Defense. The board
shall consist of three or more commissioned officers of the appropriate
service, appointed under such regulations as may be promulgated
by the secretary of the appropriate service.
(4) Candidates appointed as officers of the North Carolina National Guard shall take and subscribe to the following oath of office:
"I, (First Name Middle Name Last Name), do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of North Carolina against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey orders of the President of the United States and of the Governor of the State of North Carolina; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of (Grade) (Branch) in the National Guard of the State of North Carolina upon which I am about to enter, so help me God."
"§ 127A‑33. Promotion of officers by seniority and in accordance with regulations.
The promotion of all officers shall be by seniority as far as
the same is practicable and to in the best interest of the
service within the organization, and in accordance with regulations promulgated
by the secretary of the appropriate service.
"§ 127A‑35. Elimination and disposition of officers; efficiency board; transfer to inactive status.
(a) Whenever the efficiency or general fitness,
including physical fitness, of a North Carolina National Guard officer
is in question, the Adjutant General, State of North Carolina, may order him
the officer to appear before an efficiency board to determine
whether or not the appointment of the officer should be withdrawn. The
efficiency board will be composed of not less than three commissioned officers,
all senior in rank to the officer undergoing investigation. A member of the
board serving in a legal or medical advisory capacity may be junior to any
person, other than a judge advocate, law specialist, or medical officer being
considered. The findings of an efficiency board are not final until reviewed
and approved by the Secretary of the Department of Crime Control and
Public Safety and the Governor of the State of North Carolina.
(b) Commissions of officers of the North Carolina National Guard may be vacated upon resignation, absence without leave for 30 days, pursuant to sentence of a court martial, or pursuant to regulations promulgated by the secretary of the appropriate service.
(c) Officers of the North Carolina National
Guard may, upon their own request, be transferred to the inactive North
Carolina National Guard, subject to such exceptions as may be authorized
by the Adjutant General, State of North Carolina, or the Secretary of Defense.
"§ 127A‑37. Enlistments in National Guard; oath of enlistment.
(a) Enlistments in the National Guard shall be for such
the periods and subject to such the qualifications as
prescribed by the secretary of the appropriate service.
(b) Enlisted men persons shall not be
recognized as members of the North Carolina National Guard until they
shall have subscribed to the following oath of enlistment:
"I do hereby acknowledge to have voluntarily enlisted this ____day of______, ____, in the (Army) (Air) National Guard of the State of North Carolina and as a Reserve of the (Army) (Air Force) with membership in the (Army National Guard of the United States) (Air National Guard of the United States) for a period of (Years Months Days) under the conditions prescribed by law, unless sooner discharged by proper authority.
"I, (First Name Middle Name Last Name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of North Carolina against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of North Carolina and the orders of the officers appointed over me, according to law, regulations, and the Uniform Code of Military Justice, so help me God."
"§ 127A‑38. Discharge of enlisted personnel.
(a) Enlisted personnel discharged from service in the North
Carolina National Guard shall receive a discharge in writing in such the
form and with such the classification as that is
or shall be prescribed under regulations promulgated by the appropriate
service.
(b) Discharges may be given prior to the expiration of
terms of enlistment under such regulations as may be prescribed
by the Adjutant General, State of North Carolina, or pursuant to regulations
promulgated by the secretary of the appropriate service.
"§ 127A‑39. Membership continued in the National Guard.
When called or ordered into federal service and discharged therefrom, members shall continue their membership in the North Carolina National Guard until the expiration of their enlistment or appointment, unless sooner terminated by proper authority.
"§ 127A‑40. Pensions for the members of the North Carolina National Guard.
(a) Every member and former member of the North
Carolina National Guard who meets the requirements hereinafter set forthof
this section shall receive, commencing at age 60, a pension of ninety‑five
dollars ($95.00) per month for 20 years' creditable military service with an
additional nine dollars fifty cents ($9.50) per month for each additional year
of such service; provided, however, that the total pension shall not exceed one
hundred ninety dollars ($190.00) per month. The requirements for such a
pension are that each member shall:
(1) Have served and qualified for at least 20 years' creditable military service, including National Guard, reserve and active duty, under the same requirement specified for entitlement to retired pay for nonregular service under Chapter 67, Title 10, United States Code.
(2) Have at least 15 years of the aforementioned service as a member of the North Carolina National Guard.
(3) Have received an honorable discharge from the North Carolina National Guard.
(b) Payment to a retired member of the North Carolina National Guard under the provisions of this section will cease at the death of the individual and no payment will be made to beneficiaries or to the decedent's estate, except that the legal representative of a retired member who dies shall be entitled to a full check for the month in which the death occurred.
(c) No individual receiving retired pay as a result of
length of service, age or physical disability retirement from any of the
regular components of the armed forcesArmed Forces of the United
States will be eligible for benefits under this section.
(d) Nothing contained in this section shall preclude or in any way affect the benefits that an individual may be entitled to from State, federal or private retirement systems.
(e) Repealed by Session Laws 1989, c. 792, s. 2.3.
(f) The Secretary of Crime Control and Public Safety
shall determine the eligibility of guard North Carolina National
Guard members for the benefits herein provided in this section and
shall certify those eligible to the State Treasurer. In addition, the
Department of Crime Control and Public Safety shall, on and after July 1, 1983,
provide the Department of State Treasurer with an annual census population, by
age and the number of years of creditable service, for all former members of
the North Carolina National Guard in receipt of a pension as well as for
all active members of the North Carolina National Guard who are not in
receipt of a pension and who have seven and more years of creditable service.
The Department of Crime Control and Public Safety shall also provide the State
Treasurer a census population of all former members of the North Carolina National
Guard who are not in receipt of a pension and who have 15 and more years of
creditable service. The Department of State Treasurer shall make pension
payments to those persons certified from the North Carolina National Guard
Pension Fund, which shall include general fund appropriations made to the
Department of State Treasurer. The Department of State Treasurer shall have
performed an annual actuarial valuation of the fund and shall have the
financial responsibility for maintaining the fund on a generally accepted
actuarial basis. The Department of Crime Control and Public Safety shall
provide the Department of State Treasurer with whatever assistance is required
by the State Treasurer in carrying out his the State Treasurer's financial
responsibilities.
(g) The provisions of this section shall apply to any
member or former member of the North Carolina National Guard who is qualified
for the above retirements with eligibility of such person commencing at
age 60 or July 1, 1974, whichever is the later date.
(h) If, for any reason, the North Carolina National Guard Pension Fund shall be insufficient to pay in full any pension benefits, or other charges, then all benefits or payments shall be reduced pro rata, for as long as the deficiency in amount exists. No claim shall accrue with respect to any amount by which a pension or benefit payment shall have been reduced.
(h1) Any member or former member of the North Carolina National Guard who is qualified for benefits under this section and who is a member of a domiciled employees' or retirees' association that has at least 2,000 members, the majority of whom are active or retired employees of the State or public school employees, may authorize, in writing, the periodic deduction from the member's retirement benefits a designated lump sum to be paid to the employees' or retirees' association. The authorization shall remain in effect until revoked by the member. A plan of deductions pursuant to this subsection shall become void if the employees' or retirees' association engages in collective bargaining with the State, any political subdivision of the State, or any local school administrative unit.
(i) Pensions for members of the North Carolina National
Guard shall be subject to future legislative change or revision.
"§ 127A‑41. Uniforms, arms and equipment.
The North Carolina National Guard shall, as far as
practicable, be uniformed, armed armed, and equipped with the
same type of uniforms, arms and equipment as is or shall be provided for the
appropriate regular service.
"§ 127A‑41.1. Stay of legal and court proceedings because of State military service.
At any stage of any legal proceeding in any court in which a person called into service of the State by the Governor is involved, either as plaintiff or defendant, during the period of service or within 60 days after the conclusion of the period of active service, all actions and proceedings:
(1) May be stayed by the court on its own motion; or
(2) Shall be stayed on application by the member or by
a person acting on behalf of the member, unless, in the opinion of the court,
the ability of the plaintiff to prosecute the action or the defendant to
conduct his a defense is not materially affected by reason of the
military service.
"§ 127A‑42. Distinguished Service Medal by Governor of North Carolina.
There is hereby created the North Carolina Distinguished
Service Medal which shall be of appropriate design, and a ribbon, together with
a rosette or other device to be worn in lieu thereof. This medal and
appurtenances thereto shall be of a design approved by the Governor. Upon the
recommendation of the Secretary of Crime Control and Public Safety and a board
consisting of the Adjutant General and all other general officers and officers
assigned to authorized general‑officer‑grade vacancies,vacancies
of the North Carolina National Guard, the Governor is authorized to present
such the medal to any member or former member of the armed
forcesArmed Forces of the United States discharged under honorable
conditions, who has distinguished himself or herself by exceptionally
meritorious conduct in the performance of outstanding service to the North
Carolina National Guard. The Governor, on his the Governor's own authority,
may award such the medal to the Secretary of Crime Control and
Public Safety, the Adjutant General, or any other active or inactive general
officer or flag officer of the armed forces,Armed Forces of
the United States who has distinguished himself or herself by
especially meritorious conduct in the performance of his or her duties.
"§ 127A‑43. North Carolina National Guard Meritorious Service Medal.
There is hereby created the North Carolina National Guard
Meritorious Service Medal which shall be of appropriate design, and a ribbon,
together with a rosette or other device to be worn in lieu thereof. This medal
and appurtenances thereto shall be of a design approved by the Governor or his
designated representative.the Governor's designee. The Governor or his
designated representativethe Governor's designee is authorized to
award this medal upon the recommendation of the Secretary of Crime Control and
Public Safety in consultation with the Adjutant General and a board of officers
appointed by the Adjutant General. Any member or former member of the armed
forcesArmed Forces of the United States discharged under honorable
conditions, who has distinguished himself or herself by heroism,
meritorious achievement, or meritorious service to the North Carolina National
Guard, is eligible for this award. The Governor, on his the Governor's
own authority, may award such the medal to the Secretary of
Crime Control and Public Safety, the Adjutant General or any other active or
inactive general officer or flag officer of the armed forcesArmed
Forces of the United States who has distinguished himself or herself by
heroism, meritorious achievement, or meritorious service to the North Carolina
National Guard. The required heroism, achievement, or service, while of a lesser
degree than that required for awarding of the North Carolina Distinguished
Service Medal, must nevertheless be accomplished with distinction.
"§ 127A‑44. North Carolina National Guard Commendation Medal.
There is hereby created the North Carolina National Guard
Commendation Medal which shall be of appropriate design, and a ribbon, together
with a rosette or other device to be worn in lieu thereof. This medal and
appurtenances thereto shall be of a design approved by the Governor or his
designated representative.the Governor's designee. The Adjutant
General of North Carolina or his designated representative,the
Adjutant General's designee, who shall not be below the rank of colonel (O‑6),
may award this medal. Any member or former member of the armed forcesArmed
Forces of the United States discharged under honorable conditions, who
distinguishes himself or herself by his example or the
performance of a specific act in behalf of the North Carolina National Guard,
is eligible for this award.
"§ 127A‑44.1. North Carolina National Guard Achievement Medal.
There is hereby created the North Carolina National Guard
Achievement Medal which shall be of appropriate design, and a ribbon, together
with a rosette or other device to be worn in lieu thereof. This medal and
appurtenances thereto shall be of a design approved by the Governor or his
designated representative.the Governor's designee. The Adjutant
General of North Carolina or his designated representative,the
Adjutant General's designee, who shall not be below the rank of lieutenant
colonel (O‑5), may award this medal. Any member or former member of the armed
forcesArmed Forces of the United States discharged under honorable
conditions, who distinguishes himself or herself by his example
or the performance of a specific act in behalf of the North Carolina National
Guard, is eligible for this award.
"§ 127A‑45. North Carolina National Guard State Active Duty Award.
There is hereby created the North Carolina National Guard
State Active Duty Award which shall be a ribbon of appropriate design. This
ribbon and appurtenances thereto shall be of a design approved by the Governor
or his designated representative.the Governor's designee. The
Adjutant General of North Carolina may present this ribbon to members of the
North Carolina National Guard who, by order of the Governor, satisfactorily
serve a tour of State active duty. To be worthy of this award, the nature of
the tour of State active duty must have been a distinct and notable service to
the State or to a community, as determined by the Adjutant General of North
Carolina. On or after July 1, 1991, this award may also be presented to active
guard personnel and reserve personnel who satisfactorily participate in tours
of State active duty.
"§ 127A‑45.1. North Carolina National Guard Governor's Unit Citation.
There is hereby created the North Carolina National Guard
Governor's Unit Citation which shall be a streamer, a unit emblem, and a
certificate, all of appropriate design as approved by the Governor or his designated
representative.the Governor's designee. The Governor or his
designated representativethe Governor's designee is authorized to
present such the unit citation, upon recommendation of the
Adjutant General, subject to the approval of the Secretary, to any unit of
North Carolina National Guard distinguishing itself by extraordinary heroism or
meritorious service while in a State active duty status. The unit must display
such gallantry, determination, and esprit de corps in accomplishing its mission
under conditions which set it apart and above other units.
"§ 127A‑45.2. North Carolina National Guard Meritorious Unit Citation.
There is hereby created the North Carolina National Guard
Meritorious Unit Citation which shall be a streamer, a unit emblem, and a
certificate, all of appropriate design as approved by the Governor or his
designated representative.the Governor's designee. The Adjutant
General is authorized to present such this citation to any unit
of the North Carolina National Guard distinguishing itself through heroism or
meritorious service to the State of North Carolina. The required heroism or
meritorious service, while of a lesser degree than that required for the award
of the North Carolina National Guard Governor's Unit Citation, must nevertheless
have been accomplished with distinction.
"§ 127A‑45.2A. North Carolina National Guard Outstanding Unit Award.
There is hereby created the North Carolina National Guard
Outstanding Unit Award which shall be a streamer, a unit emblem, and a certificate,
all of appropriate design as approved by the Governor or his designated
representative.the Governor's designee. The Adjutant General may
present this citation to any unit of the North Carolina National Guard
distinguishing itself through meritorious achievement or service to the State
of North Carolina. The required meritorious service, while of a lesser degree
than that required for the award of the North Carolina National Guard
Meritorious Unit Citation, must nevertheless have been accomplished with distinction.
"§ 127A‑45.3. North Carolina National Guard Distinguished Civilian Service Medal.
There is hereby created the North Carolina National Guard
Distinguished Civilian Service Medal which shall be of appropriate design,
rosette or other device to be worn in lieu thereof, and citation certificate,
of a design approved by the Governor or his designated representative.the
Governor's designee. The Governor or his designated representativethe
Governor's designee is authorized to award this medal upon the
recommendation of the Adjutant General of North Carolina and a board of
officers and noncommissioned officers appointed by the Adjutant General, to
United States citizens and governmental officials at the policy development
level who render distinguished service to the North Carolina National Guard.
"§ 127A‑45.4. North Carolina National Guard Outstanding Civilian Service Medal.
There is hereby created the North Carolina National Guard
Outstanding Civilian Service Medal which shall be of appropriate design,
rosette or other device to be worn in lieu thereof, and citation certificate,
of a design approved by the Governor or his designated representative.the
Governor's designee. The Adjutant General of North Carolina is authorized
to award this medal upon the recommendation of a board of officers and
noncommissioned officers, appointed by the Adjutant General, to United States
citizens and governmental officials who render outstanding service to the North
Carolina National Guard.
"§ 127A‑45.5. North Carolina National Guard Meritorious Civilian Service Award.
There is hereby created the North Carolina National Guard
Meritorious Civilian Service Award which shall consist of a certificate of a
design approved by the Governor or his designated representative.the
Governor's designee. The Adjutant General of North Carolina or a
designated representative,the Adjutant General's designee, who shall
not be below the grade of general officer, is authorized to confer this award.
This award may be granted to individuals, organizations, corporations,
associations and other groups, making a substantial contribution to the North
Carolina National Guard.
"§ 127A‑45.5A. Other awards.
The Adjutant General may, from time to time, create such other
awards and medals to recognize meritorious service or outstanding achievement.
The creation of such the awards and medals shall be approved by
the Governor. The Governor or his the Governor's designee shall
approve the design of such the awards and medals.
"§ 127A‑46. Authority to wear medals, ribbons and other awards.
The Adjutant General may prescribe those medals, ribbons and
other awards and decorations which that may be worn by members of
the militia, not inconsistent with regulations of the respective armed
servicesArmed Forces of the United States.
"§ 127A‑47. Courts‑martial for National Guard.
Courts‑martial for organizations military
personnel of the North Carolina National Guard not in the service of
the United States shall be of three kinds, namely, general courts‑martial,
special courts‑martial, and summary courts‑martial. They shall be
constituted, have cognizance of the same subjects, and possess like powers as
similar courts provided for by the Uniform Code of Military Justice and Manual
for Courts‑Martial, United States. The proceedings of courts‑martial
of the North Carolina National Guard shall follow the forms and modes of
procedure prescribed for such similar courts.
"§ 127A‑48. General courts‑martial.
General courts‑martial for military personnel of
the North Carolina National Guard not in the service of the United
States may be convened by orders of the Governor of the State or of the
Adjutant General, and such these courts shall have the power to
impose punishments in like manner and to the extent prescribed by the Uniform
Code of Military Justice and Manual for Courts‑Martial, United States, as
shall be in use by the armed forcesArmed Forces of the United
States at the time of the offense, except that (i) no court shall have the
authority to impose confinement as part of the sentence unless the court
consisted of a military judge and not less than five members, except that a
defendant who requests a military judge alone may be sentenced to confinement,
and (ii) no court shall have the authority to impose confinement in excess of
one year and one day as part of a sentence.
"§ 127A‑49. Special courts‑martial; appointments, power and authority.
In the North Carolina National Guard, not in the service of the United States, special courts‑martial may be appointed by any of the following:
(1) The commander of a brigade, regiment, comparable or
higher command of the North Carolina Army National Guard, provided that such
the commander is a general officer.
(2) The commander of a wing, group, separate squadron,
comparable or higher command of the North Carolina Air National Guard, provided
that such the commander is a general officer.
(3) The commander or officer in charge of any North
Carolina National Guard command when empowered by the Governor or the Adjutant
General of North Carolina, provided that such the commander or
officer is a general officer.
Except as to commissioned officers, such special courts‑martial
shall have the power and authority to try any person subject to military lawmilitary
personnel of the North Carolina National Guard for any crimes or offenses
within the jurisdiction of a general military court. Such Special courts‑martial
shall have the power to impose punishments in like manner and to the extent
prescribed by the Uniform Code of Military Justice and Manual for Courts‑Martial,
United States, as shall be in use by the armed forcesArmed Forces of
the United States at the time of the offense, except that (i) no court shall
have the authority to impose confinement as part of the sentence unless the
court consisted of a military judge and not less than three members except that
a defendant who requests a military judge alone may be sentenced to
confinement, and (ii) no court shall have the authority to impose confinement
in excess of six months as part of a sentence.
"§ 127A‑50. Summary courts‑martial.
In the North Carolina National Guard, not in the service of the United States, summary courts‑martial may be appointed by any of the following:
(1) Any person who may convene a general or special court‑martial.
(2) The commander of a battalion, comparable or higher
command of the North Carolina Army National Guard, provided that such the
commander is an officer of the grade of major or above.
(3) The commander of a detached squadron, comparable or
higher command of the North Carolina Air National Guard, provided that such the
commander is an officer of the grade of major or above.
Such The court shall consist of one officer who
shall have the power to administer oaths and try enlisted personnel of each
respective command for breaches of discipline and violations of laws governing such
those organizations. Such These courts shall also have
the power to impose punishments in like manner and to the extent prescribed by
the Uniform Code of Military Justice and Manual for Courts‑Martial,
United States, as shall be in use by the armed forcesArmed Forces
of the United States at the time of the offense, except that no court shall
have the authority to impose confinement as part of a sentence. There shall be
no right to demand trial by court‑martial.
"§ 127A‑50.1. Military judges.
The Adjutant General shall appoint military judges to preside over courts‑martial of the North Carolina National Guard not in federal service. Minimum requirements for appointment as a military judge are:
(1) Certification as a military judge by the Judge Advocate General of the United States Army, Air Force, Navy, Marines, or Coast Guard.
(2) Designation as a judge advocate by The the
Judge Advocate General of the United States Army, Navy, Air Force,
Marines, or Coast Guard.
(3) Membership in the North Carolina National Guard,
the National Guard of another state, or the active or reserve components of any
of the military services.the Armed Forces of the United States.
"§ 127A‑51. Nonjudicial punishment.
Any commander of the North Carolina National Guard,
not in the service of the United States, may, in addition to or in lieu of
admonition or reprimand, impose nonjudicial punishment in like manner and to
the extent prescribed by Article 15 of the Uniform Code of Military Justice and
Manual for Courts‑Martial, United States, as shall be currently in use by
the armed forcesArmed Forces of the United States except that
there shall be no right to demand trial by court‑martial.
"§ 127A‑52. Jurisdiction of courts‑martial.
The jurisdiction of courts‑martial of the North
Carolina National Guard, not in the service of the United States, shall be
as prescribed by the Manual for Courts‑Martial, United States, as shall
be currently in use by the armed forcesArmed Forces of the United
States. Such courts‑martial shall have jurisdiction to try accused
persons for offenses committed while serving without the State and while going
to and returning from such service without the State in like manner and
to the same extent as while serving within the State.
"§ 127A‑53. Manual for Courts‑Martial.
Trials and proceedings by all courts and boards shall be in
accordance with the Manual for Courts‑Martial, United States, as shall be
currently in use by the armed forcesArmed Forces of the United
States, except as modified by this Chapter.
"§ 127A‑55. Forms for courts‑martial procedure.
In the North Carolina National Guard, not in the
service of the United States, forms for courts‑martial procedure shall be
substantially as those set forth in the Appendices, Manual for Courts‑Martial,
United States, as shall be currently in use by the armed forcesArmed
Forces of the United States, with any modifications required by this
Chapter.
"§ 127A‑56. Powers of courts‑martial.
In the North Carolina National Guard, not in the
service of the United States, presidents of courts‑martial and summary
court officers shall have power to issue warrants to arrest an accused person
and to bring the person before a court for trial whenever such the person
has disobeyed an order in writing from the convening authority to appear before
such the court, a copy of the charge or charges having been
delivered to the accused with such the order, and to issue
subpoenas and subpoenas duces tecum, and to enforce by attachment attendance of
witnesses and the production of books, papers, records and other articles
subject to a subpoena duces tecum, and to sentence for a refusal to be sworn or
to answer as provided in actions before civil courts. The presiding officer
shall also have power to punish for contempt occurring in the presence of the
court.
"§ 127A‑57. Execution of processes and sentences.
All warrants and other processes authorized by this Chapter
and sentences of any of the military courts of this State shall be executed by
any sheriff, deputy sheriff, or State or local law enforcement officer into
whose hands the samethey may be placed for service or execution,
and such the officer shall make return thereof to the officer
issuing or imposing the same. Such The service or execution of
process or sentence shall be made by such the officer without
tender or advancement of fee therefor; but all costs in such these cases
shall be paid from funds appropriated to the Department of Crime Control and
Public Safety.
"§ 127A‑59. Sentences.
When any sentence to fine or imprisonment shall beis
imposed by any military court of this State, it shall be the duty of the
military judge, president of said the court, or summary court
officer, upon the approval of the court's findings and sentence of
such court,sentence, to make out and sign a certificate entitling
the case, giving the name of the accused, the date and place of trial, the date
of approval of sentence, and the terms of the sentence. The trial counsel shall
deliver such the certificate to the Clerk of the Superior Court
of Wake County, and it shall thereupon be the duty of the clerk to take such
the actions as are necessary to carry said the sentence
into execution in the same manner as prescribed by law for the collection of
fines, or commitment to service of terms of imprisonment, in criminal cases
determined in the courts of this State. The Administrative Office of the Courts
shall ensure that the State's criminal history records include pertinent information
relating to a court‑martial under this Chapter in a like manner as a
comparable offense under the State's criminal laws would be recorded.
"§ 127A‑60. Approval of sentence.
No sentence imposed by a special or general court‑martial of the North Carolina National Guard, not in the service of the United States, shall be executed until approved by the Governor. Any officer convicted by a general court‑martial and dismissed from the service shall be forever disqualified from holding a commission in the militia.
"§ 127A‑62. Appeals; discretionary review.
(a) Jurisdiction. Court‑martial judgments which include a sentence to confinement shall have a right of appeal to the Wake County Superior Court. The provisions of G.S. 15A‑1451 shall apply to appeals under this section.
(b) Filing and Service. An appeal under this section must be made in writing and filed with the Clerk of Superior Court of Wake County within 10 days after the approval of the sentence by the Governor. A copy of the petition shall be filed with the military court and the military trial counsel of record. For the purposes of a filing fee, the appeal shall be treated as an administrative appeal to the Superior Court.
(c) Assertion of Errors. All errors, including, but not limited to, the following, must be asserted or shall be deemed waived:
(1) Any error of law, including the following:
a. The court erroneously failed to dismiss the charge prior to the court‑martial.
b. The court's ruling was contrary to law with regard to motions made before or during the trial or with regard to the admission or exclusion of evidence.
c. The evidence, at the close of all the evidence, was insufficient to justify submission of the case to the court‑martial panel, whether or not a motion so asserting was made before verdict.
d. The court erroneously instructed the court‑martial panel.
(2) The verdict is contrary to the weight of the evidence.
(3) For any other cause, the defendant did not receive a fair and impartial trial.
(d) Appointment of Superior Court Judge. The appeal
shall be heard by a judge assigned by the Chief Justice of the North Carolina
Supreme Court, to be heard at such a session of the Wake County
Superior Court as the Chief Justice shall direct.designated by the
Chief Justice.
(e) Applicable Law. The presiding judge, in determining whether there were errors, shall apply the law as provided for trial by courts‑martial under this Article.
(f) Setting Aside of Findings or Sentence. The findings or sentence, or both, may be modified or set aside, in whole or in part, by the court on the ground of newly discovered evidence, fraud on the court, lack of jurisdiction over the accused or the offense, or error prejudicial to the substantial rights of the accused.
(g) Hearings and Rehearings. The court may remand
the matter to the court‑martial for such evidentiary hearings or
other proceedings, to be conducted by a military judge alone, as that
it deems necessary prior to the court's final disposition of the case. If
the court sets aside the findings or sentence, the court may, except when the
setting aside is based on lack of sufficient evidence in the record to support
the findings, order a rehearing. If the court sets aside the findings and
sentence and does not order a rehearing, the court shall dismiss the charges.
If the court orders a rehearing, but the convening authority finds a rehearing
impractical, the convening authority shall dismiss the charges.
(h) Counsel.
(1) The Staff Judge Advocate of the North Carolina National Guard shall:
a. Designate a judge advocate who is qualified and certified under Article 27(b) of the Uniform Code of Military Justice, and who is a member of the North Carolina Bar, to represent the defendant.
b. Designate a judge advocate who is qualified and certified under Article 27(b) of the Uniform Code of Military Justice, and who is a member of the North Carolina Bar, to represent the State.
(2) The counsel designated to represent the defendant under sub‑subdivision a. of subdivision (1) of this subsection shall not be the counsel who represented the defendant at the court‑martial.
(3) Where a defendant alleges ineffective assistance of
prior counsel as a ground for relief, the defendant shall be deemed to waive
the attorney‑client privilege with respect to both oral and written
communications between such counsel and the defendant and the prior
counsel to the extent the defendant's prior counsel reasonably believes such
the communications are necessary to defend against the allegations
of ineffectiveness. This waiver of the attorney‑client privilege shall be
automatic upon the filing of the pleadings alleging ineffective assistance of
prior counsel, and the Wake County Superior Court need not enter an order
waiving the privilege.
(4) The Adjutant General, upon the recommendation of
the Staff Judge Advocate, shall place the designated judge advocates described
in this subsection onto State active duty for such the periods of
time as necessary for either counsel to provide adequate representation
to the respective parties, if regularly scheduled unit training periods are
insufficient. The Staff Judge Advocate shall verify to the Adjutant General
whether any such additional periods of time are necessary.
(i) Discretionary Review. Review of decisions by the Wake County Superior Court shall be pursuant to G.S. 7A‑31.1.
(j) The rules for practice and procedure for review of courts‑martial by the Wake County Superior Court shall be consistent with those prescribed for review of administrative appeals by the Superior Court, except as modified by this section.
"Article 4.
"Naval Militia.
"§ 127A‑67. Organization and equipment.
The organization of the naval militia shall be units of
convenient size, in each of which the number and rank of officers and the
distribution of the total enlisted strength among the several ratings of petty
officers and other enlisted personnel shall be such as are prescribed by the
Secretary of the Navy, who may also prescribe the number of officers and the
number of petty officers and other enlisted personnel required for the
organization of such the units into larger bodies for
administrative and other purposes, and the arms and equipment of the naval
militia shall be those which are now or may hereafter be prescribed by the
Secretary of the Navy.
"§ 127A‑68. Officers appointed to naval militia.
Officers of the United States navy and marine corpsNavy
and Marine Corps may, with the approval of the Secretary of the Navy, be
appointed by the Governor and commissioned as officers of the naval militia.
"§ 127A‑70 Discipline in naval militia.
The naval militia shall be subject to the system of
discipline prescribed for the United States navy and marine corps,Navy
and Marine Corps, and the commanding officer of a naval militia battalion
or brigade,unit or a naval militia officer in command of naval
militia forces on shore or on any vessel of the navy United States
Navy loaned to the State, or on any vessel on which such forces are
training, whether within or without the State, or wherever, either within or
without the State, naval militia forces of the State shall be assembled
pursuant to orders, shall have power without trial by courts‑martial to
impose upon members of the naval militia the punishments which the commanding
officer of a vessel of the navy United States Navy is authorized
by law to impose.
"§ 127A‑71. Disbursing and accounting officer.
The Governor shall appoint a disbursing officer, approved by
and of such a rank as may be prescribed by the Secretary
of the Navy, to perform such the duties as the Secretary
of the Navy may prescribe. The Governor shall also appoint the above
described disbursing officer, or such otheranother officer of
the pay corpsappropriate finance office of the naval militia as
hethat the Governor may elect, as accounting officer for each battalion
unit thereof, or at his the Governor's option for each
larger unit or combination of units of the same,units, who shall
be responsible for the proper accounting for all public property issued to and
for the use of such battalion the unit or larger unit or
combination of units.
"§ 127A‑72. Rendition of accounts.
Accounting officers shall render accounts as prescribed by
the Governor or by the Secretary of the Navy, and shall be required to give
good and sufficient bond to the State and to the United States, in such the
sums as that the Governor or the Secretary of the Navy may
direct,directs, and conditioned upon the faithful accounting for all
public property and for the safekeeping of such the part thereof as
may be in the personal custody of such the officer.
Accounting officers may issue any or all such property to other officers or
enlisted personnel of the naval militia under such rules and regulations as
may be prescribed.applicable rules and regulations.
"§ 127A‑74. Courts‑martial for naval militia.
Courts‑martial for the naval militia, not in the
service of the United States, shall be organized, have the same powers,
functions and authorities, and follow the same procedures as courts‑martial
for the North Carolina National Guard as set forth in G.S. 127A‑47
through 127A‑61.127A‑62."
"Article 5.
"State Defense Militia.
"§ 127A‑80.
Authority to organize and maintain State defense militia of North Carolina.North
Carolina State Defense Militia.
(a) The Governor is authorized to organize such any
part of the unorganized militia as a State force for discipline and
training, into companies, battalions, regiments, brigades or similar
organizations, as may be deemed necessary for the defense of the State;
to maintain, uniform and equip such this military force within
the appropriations available; to exercise discipline in the same manner as is
now or may hereafter be provided by the laws of the State for the North
Carolina National Guard. Such The military force shall be
subject to the call or the order of the Governor to execute the law and secure
the safety of persons and property, suppress riots or insurrections, repel
invasions or provide disaster relief, as may now or hereafter be provided by
law for the North Carolina National Guard or for the State militia.
(b) Such The military force shall be
designated as the "North Carolina State Defense Militia" and shall be
composed of personnel of the unorganized militia as may volunteer for service
therein or be drafted as provided by law. To be eligible for service in an
enlisted status, a person must be at least 17 years of age. To be eligible for
service as an officer, a person must be at least 18 years of age. The force and
its personnel shall be additional to and distinct from the North Carolina National
Guard organized under existing law. A person may not become a member of the
defense militia established under this section, if a member of a reserve
component of the armed forces.Armed Forces of the United States.
(c) The Governor is hereby authorized: to prescribe
rules and regulations governing the appointment of officers, the enlistment of
other personnel, the organization, administration, equipment, discipline and
discharge of the personnel of such the military force; to
requisition from the Secretary of Defense such arms and equipment as
may bethat are in possession of and can be spared by the Department
of Defense; and to furnish the facilities of available armories, equipment,
State premises and property, for the purpose of drill and instruction.
(d) Such The force shall not 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 membership therein, be exempt
from military service under any federal law.
(e) The Governor is hereby authorized to transfer to
the benefit of the State defense militia any available and unexpended funds
which he shall find the Governor finds necessary for its use from
any appropriations to the North Carolina National Guard by the General
Assembly, and for the same purpose to allot moneys monies from
the Contingency and Emergency Fund with the concurrence of the Council of
State. Upon disbandment of the State defense militia any moneys monies
or balance to the credit of any unit of this organization shall be paid
into the State treasury for the benefit of the North Carolina National
Guard, and all property, clothing, and equipment belonging to the State shall
be transferred to the account of the North Carolina National Guard for
disposition in accordance with the best interests of the State and as deemed
advisable by the Governor. Upon disbandment of any unit of the State defense
militia prior to the disbandment of the entire organization, the Governor is
authorized to direct the transfer of any State property or balance of funds of
the disbanded unit to any other unit, including any new unit or units organized
to fill vacancies, or otherwise, as the Governor may direct.
(f) The North Carolina State defense militia
shall be subject to the military laws of the State not inconsistent with or
contrary to the provisions contained in this Article with the following
exceptions:
The provisions of G.S. 127A‑117, 127A‑118, and 127A‑139 as amended, shall not be applicable to the personnel and units of the State defense militia.
(g) There shall be allowed annually to each unit or
company of the State defense militia such the funds as may be necessary
to be applied to the payment offor armory rent, heat, light,
stationery, printing, and other expenses.
(h) All payments are to be made by the Secretary of the
Department of Crime Control and Public Safety in accordance with State laws
in semiannual installments on the first day of July and the first day of
January of each year, but no payment shall be made unless all assemblies and
duties required by law are duly performed by all organizations named.
(i) The commander of each organization participating
in the appropriation herein named shall render an itemized statement of all
funds received from any source whatsoever for the support of the organization
in such the manner and on such the forms as may
be prescribed by the Secretary of the Department of Crime Control
and Public Safety. Failure on the part of any commander to submit promptly when
due the financial statement of the organization will be sufficient cause to
withhold all appropriations for the organization.
"§ 127A‑81. State defense militia cadre.
(a) The Governor is authorized: to organize and
regulate part of the unorganized militia as a State defense militia cadre in
units or commands which he the Governor may deem necessary to
provide a cadre for an active State defense militia; to prescribe regulations
for the maintenance of the property and equipment of the cadre, for the
exercise of its discipline, and for its training and duties.
(b) The cadre shall be designated the "North
Carolina State Defense Militia Cadre" and shall be composed of a force of
officers and enlisted personnel raised by appointment of the Governor, or
otherwise, as may be provided by law. The Secretary of the Department of Crime
Control and Public Safety may reimburse cadre members for expenses actually
incurred, not to exceed the amount appropriated and authorized for such
purposesthe purpose by the General Assembly.
(c) The Governor's authority hereunder under
this Article shall not be subject to regulations prescribed by the
Secretary of Defense. Age and membership requirements for the State defense
militia generally, as set forth in G.S. 127A‑80G.S. 127A‑80,
shall apply. The training of the cadre need not be in accordance with training
regulations issued by the Department of Defense. The provisions of G.S. 127A‑80(c),
(d), (g), (h) and (i) shall also apply to cadres.
(d) The total authorized strength of the cadre, its authorized officer and enlisted strength, the composition of each of its units or commands, and the allocation of cadre units or commands among the counties, cities, and towns of the State, shall be as prescribed by the Governor in suitable regulations enforced through the Adjutant General, or as otherwise provided by law.
(e) The duties of the State defense militia cadre
shall be as ordered and directed by the Governor from time to time, or in
regulations, and may include authority to take charge of armories and other
military installations and real properties used by the North Carolina National
Guard, together with such any other property as that the
regulations may provide, when and if the North Carolina National Guard, or any
part thereof, may beis inducted into the service of the United
States, or, for any extended period of time, may beis absent on
any duty from its home station. In addition, the cadre shall have duties
appropriate to the organization, maintenance, and training of a military cadre
to act as a nucleus for the organization of an active State defense militia
whenever the necessity may arise."
"Article 6.
"Unorganized Militia.
"§ 127A‑87. Unorganized militia ordered out for service.
The commander in chief may at any time, in order to execute
the law, secure the safety of persons and property, suppress riots or
insurrections, repel invasions or provide disaster relief, in addition to the North
Carolina National Guard, the State defense militia and the naval militia,
order out the whole or any part of the unorganized militia. When the militia of
this State or a part thereof is called forth under the Constitution and laws of
the United States, the Governor shall first order out for service the North
Carolina National Guard, the State defense militia or naval militia, or such
any part thereof as that may be necessary, and if the
number available be is insufficient, he the Governor shall
then order out such aany part of the unorganized militia as hethat
the Governor may deem necessary. During the absence or organizations of the
North Carolina National Guard or naval militia in the service of the
United States, their state designations shall not be given to new organizations.
"§ 127A‑88. Manner of ordering out unorganized militia.
The Governor shall, when ordering out the unorganized
militia, designate the number. He The Governor may order them out
either by calling for volunteers or by draft. He The Governor may
attach them to the several organizations of the North Carolina National
Guard, the State defense militia or naval militia, as may be best for the
service.
"§ 127A‑89. Draft of unorganized militia.
If the unorganized militia is ordered out by draft, the
Governor shall designate the persons in each county to make the draft, and
prescribe rules and regulations for conducting the same.it.
"§ 127A‑90. Punishment for failure to appear.
Every member of the militia ordered out for duty, or who
shall volunteer or be drafted, who does not appear at the time and place
ordered, shall be liable to such punishment as a court‑martial
may determine.determined by a court‑martial.
"§ 127A‑91. Promotion of marksmanship.
The Adjutant General is authorized to detail a commissioned
officer of the North Carolina National Guard or member of the State defense
militia to promote rifle marksmanship among the State defense militia and the
unorganized militia of the State. Such The officer or member so
detailed shall serve without pay and it shall be his dutythe duty of
the officer or member to organize and supervise rifle clubs in schools,
colleges, universities, clubs and other groups, under such rules and
regulations as prescribed by the Adjutant General shall
prescribe and in such a manner to that will make
them, when duly organized, acceptable for membership in the National Rifle
Association. Provided, that such these duties and efforts shall
in nowise interfere or conflict with clubs of schools or units operating in R.O.T.C.Reserve
Officers' Training Corps or similar schools under the supervision of armed
forces instructors.instructors of the Armed Forces of the United States."
"Article 7.
"Regulations as to Active Service.
"§ 127A‑97. National Guard and naval militia first ordered out.
In all cases the North Carolina National Guard and naval militia as provided for in this Chapter shall be first ordered into service.
"§ 127A‑98. Regulations enforced on active State service.
Whenever any portion of the militia shall beis
called into active State service to execute the law, secure the safety of persons
and property, suppress riots or insurrections, repel invasions or provide
disaster relief, the provisions of the Uniform Code of Military Justice of the
United States, governing the armed forcesArmed Forces of the
United States, and the regulations prescribed for the armed forcesArmed
Forces of the United States, and the regulations issued thereunder, shall
be enforced and regarded as part of this Chapter until said forces shall bethis
portion of the militia is relieved from such the duty. As to
offenses committed when such the provisions of the Uniform Code
of Military Justice of the United States are so enforced, courts‑martial
shall possess, in addition to the jurisdiction and power of sentence and
punishment herein vested in them, all additional jurisdiction and power of
sentence and punishment exercisable by like courts under such the provisions
of the Uniform Code of Military Justice of the United States or regulations or
laws governing the United States armed forcesArmed Forces of the
United States or the customs and usages thereof; but no punishment under such
the Code which shall extendthat extends to the taking
of life shall in any case be inflicted except in case of war, invasion, or
insurrection, declared by a proclamation of the Governor to exist and then only
after approval by the Governor of the sentence inflicting such that punishment.
Imprisonment other than in guardhouse shall be executed in county jails or
other prisons designated by the Governor for that purpose.
"§ 127A‑99. Regulations governing unorganized militia.
Whenever any part of the unorganized militia is ordered out, it shall be governed by the same rules and regulations and be subject to the same penalties as the North Carolina National Guard or naval militia."
"Article 8.
"Pay of Militia.
"§ 127A‑106. Paid by the State.
When the militia or any portion thereof shall beis
ordered by the Governor into State service, the pay (including payment for any
leave earned as a result of more than 30 days of continuous service), subsistence,
transportation and other necessary expenses incident thereto shall be paid by
the State Treasurer, upon the approval of the Governor.
"§ 127A‑107. Rate of pay for other service.
The Governor may, whenever the public service requires it,
order upon special or regular duty any officer or enlisted member of the North
Carolina National Guard or naval militia, and the expenses and compensation
therefor of such the officer and or enlisted member
shall be paid out of the appropriations made to the Department of Crime Control
and Public Safety. Such officers and enlisted membersThe officers or
enlisted member shall receive the same rate of pay as officers and enlisted
members of the same grade and like service of the regular service,Armed
Forces of the United States, provided that no such officer or enlisted
member shall receive less than 18 times the minimum hourly wage per day as
provided for in G.S. 95‑25.3(a). Officers and enlisted members when
on duty in connection with examining boards, efficiency boards, advisory
boards, courts of inquiry or similar duty shall be allowed per diem and
subsistence prescribed for lawful State boards and commissions generally for
such duty. Officers and enlisted members serving on general or special courts‑martial
shall receive the base pay of their rank. No staff officer or enlisted member
who receives a salary from the State as such shall be entitled to any
additional compensation other than actual and necessary expenses incurred while
traveling upon orders issued by the proper authority.
"§ 127A‑108. Pay and care of soldiers, airmen and sailors disabled in service.
A member of the North Carolina National Guard, the
State defense militia, or the naval militia who without fault or negligence on his
the member's part is disabled through illness, injury, or disease
contracted or incurred while on duty or by reason of duty in the service of the
State or while reasonably proceeding to or returning from such duty
shall receive the actual necessary expenses for care and medicine and medical
attention at the expense of the State and if such shallthe disability
temporarily incapacitate him forincapacitates the member from pursuing
his the member's usual business or occupation he the
member shall receive during such his or her incapacity the
pay and allowances as that are provided for the same grade and
rating in like circumstances in the active armed forcesArmed Forces of
the United States. If such the member is permanently disabled, he
the member shall receive the pensions and rewards benefits
that persons under similar circumstances in the military serviceArmed
Forces of the United States receive from the United States. In case any
sucha member shall diedies as a result of such an injury,
illness or disease within one year after it has been incurred or contracted,
the surviving spouse, minor children, or dependent parents of the member shall
receive such the pension and rewards benefits as
persons under similar circumstances receive from the United States.
The cost incurred by reason of this section shall be paid out
of the Contingency and Emergency Fund, or suchanother other fund
as may be designated by law.
The Adjutant General, with the approval of the Governor,
shall make and publish such regulations pursuant to this section as
may bethat are necessary for its implementation. Before the name of
any person is placed on the disability or pension rolls of the State under this
section, proof shall be made in accordance with such these regulations
that the applicant is entitled to such the care, pension, or reward.benefit.
Nothing herein in this section shall in any way
limit or condition any other payment to such a member as by
law may be allowed: Provided, however,that the law allows, except that
any payments made under the provisions of Chapter 97 of the General Statutes or
under federal statutes as now or hereafter amended shall be deducted from the
payments made under this section.
"§ 127A‑110. Proceedings against third party injuring or killing guard personnel.
(a) The right of a member of the North Carolina
National Guard, the State defense militia, or the naval militia to
compensation and other benefits under G.S. 127A‑108 shall not be
affected by the fact that the injury or death was caused under circumstances
creating a liability in some person other than the State State, or "third
party," to pay damages therefor, such person hereinafter being
referred to as the "third party." therefor. The respective
rights and interests of the guard member under this Article, and the State,
if any, in respect of the common‑law cause of action against such a
third party and the damages recovered shall be as set forth in this
section.
(b) The guard member or personal representative
if guard the member be dead, shall have the exclusive right to
proceed to enforce the liability of the third party by appropriate proceedings
if such the proceedings are instituted not later than 12 months
after the date of injury or death, whichever is later. During said this
12‑month period, and at any time thereafter if summons is issued
against the third party during said the 12‑month period,
the guard member or personal representative shall have the right to
settle with the third party and to give a valid and complete release of all
claims to the third party by reason of such the injury or death,
subject to the provisions of (h) below.subsection (h) of this
section.
(c) If settlement is not made and summons is not
issued within said the 12‑month period,period
described in subsection (b) of this section, then all rights of the guard
member, or personal representative if guard the member be
dead, against the third party shall pass by operation of the period fixed by
the statute of limitations applicable to such these rights and if
the State shall not havehas not settled with or instituted
proceedings against the third party within such this time, then
all such rights shall revert to the guard member or personal
representative 60 days before the expiration of the applicable statute of
limitations.
(d) The person in whom the right to bring such a
proceeding or make settlement is vested shall, during the continuation
thereof, also have the exclusive right to make settlement with the third party
and the release of the person having the right shall fully acquit and discharge
the third party except as provided by (h) below.subsection (h) of
this section. A proceeding so instituted by the person having the right
shall be brought in the name of the guard member or personal
representative and the State shall not be a necessary or proper party thereto.
If the guard member or personal representative should refuserefuses
to cooperate with the State by being the party plaintiff, then the action shall
be brought in the name of the State and the guard member or personal
representative shall be made a party plaintiff or party defendant by order of
court.
(e) The amount of compensation and other benefits paid
or payable on account of such the injury or death shall not be
admissible in evidence in any proceeding against the third party. If the third
party defending such the proceeding, by answer duly served on the
State, sufficiently alleges that actionable negligence of the State joined and
concurred with the negligence of the third party in producing the injury or
death, then an issue shall be submitted to the jury in such the case
as to whether actionable negligence of the State joined and concurred with the
negligence of the third party in producing the injury or death. The State shall
have the right to appear, to be represented, to introduce evidence, to cross‑examine
adverse witnesses, and to argue to the jury as to this issue as fully as though
it were a party although not named or joined as a party to the proceeding. Such
issueThe issue as to the State's negligence shall be the last of the
issues submitted to the jury. If the verdict shall beis that
actionable negligence of the State did join and concur with that of the third
party in producing the injury or death, then the court shall reduce the damages
awarded by the jury against the third party by the amount which the State would
otherwise be entitled to receive therefrom by way of subrogation hereunder and
the entire amount recovered, after such reduction, shall belong to the guard
member or personal representative free of any claim by the State and the
third party shall have no further right by way of contribution or otherwise
against the State, except any right which may exist by reason of an express
contract of indemnity between the State and the third party, which was entered
into prior to the injury to the guard member.
(f) (1) Any amount
obtained by any person by settlement with, judgment against, or otherwise from
the third party by reason of such the injury or death shall be
disbursed by order of the court for the following purposes and in the following
order of priority:
a. First to the payment of actual court costs taxed by judgment.
b. Second to the payment of the fee of the attorney
representing the person making settlement or obtaining judgment, and such this
fee shall not exceed one third of the amount obtained or recovered of the
third party.
c. Third to the reimbursement of the State for all benefits by way of compensation or medical treatment expense paid or to be paid by the State pursuant to G.S. 127A‑108.
d. Fourth to the payment of any amount remaining to
the guard member or personal representative.
(2) The attorney fee paid under (f)(1)subdivision
(1) of this section shall be paid by the guard member and the State
in direct proportion to the amount each shall receive under (f)(1)c and
(f)(1)d hereofsub-subdivisions (1)c. and d. of this subsection and
shall be deducted from such the payments when distribution is
made.
(g) In any proceeding against or settlement with the
third party, every party to the claim for compensation shall have a lien to the
extent of the party's interest under (f) hereofsubsection (f) of this
section upon any payment made by the third party by reason of such the
injury or death, whether paid in settlement, in satisfaction of judgment,
as consideration for covenant not to sue, or otherwise and such the lien
may be enforced against any person receiving such the funds.
Neither the guard member or personal representative nor the State shall
make any settlement with or accept any payment from the third party without the
written consent of the other and no release to or agreement with the third
party shall be valid or enforceable for any purpose unless both State and guard
member or personal representative join therein; provided, that this sentence
shall not apply if the State is made whole for all benefits paid or to be paid
by him the member or personal representative under this Chapter
less attorney's fees as provided by (f)(1) and (2) hereofsubsection
(f) of this section and the release to or agreement with the third party is
executed by the guard member. The Attorney General shall have the right
on behalf of the State to reduce by compromise its claim.
(h) Institution of proceedings against or settlement with the third party, or acceptance of benefits under this Chapter, shall not in any way or manner affect any other remedy which any party to the claim for compensation may have except as otherwise specifically provided in this Chapter, and the exercise of one remedy shall not in any way or manner be held to constitute an election of remedies so as to bar the other.
"Article 9.
"Privilege of Organized State Militia and Reserve
Components of the Armed Forces of the United States Armed Forces.
"§ 127A‑117. Contributing members.
Each organization of the North Carolina National Guard
and naval militia may, besides its regular and active members, enroll
contributing members on payment in advance by each person desiring to become such
a contributing member of not less than ten dollars ($10.00) per annum,
which money shall be paid into the unit fund. Each contributing member shall be
entitled to receive from the commanding officer thereof a certificate of
membership.
"§ 127A‑118. Organizations may own property; actions.
Organizations of the North Carolina National Guard and
naval militia shall have the right to own and keep real and personal property,
which shall belong to the organization; and the commanding officer of any
organization may recover for its use debts or effects belonging to it, or damages
for injury to such property,the property. An action for such recovery
to of debts, effects, or damages must be brought in the name of
the commanding officer thereof of the organization before any
court of justice within the State having jurisdiction; and no suit or complaint
pending in his or her name shall be abated by his or her ceasing
to be commanding officer of the organization; but upon motion of the commander
succeeding him such or her the new commander shall be admitted to
prosecute the suit or complaint in like manner and with like effect as if it
had been originally commenced by him or her.
"§ 127A‑119. When families of soldiers, airmen and sailors supported by county.
When any citizen of the State is absent on duty as a member
of the North Carolina National Guard, State defense militia or naval
militia, and his the member's family members are unable
to support themselves during his the member's absence, the board
of commissioners of his the member's county, on application,
shall make a reasonable allowance towards their maintenance such
allowance as may be deemed reasonable.maintenance."
"Article 10.
"Care of Military Property.
"§ 127A‑125. Custody of military property.
All public military property, except when used in the
performance of military duty, shall be kept in armories, or other properly
designated places of deposit; and it shall be unlawful for any person charged
with the care and safety of said public military property to
allow the sameit out of his or her custody, except as above
specified.specified in this section.
"§ 127A‑126. Other suitable storage facilities.
All public military property of every description which may not be distributed among the units of the North Carolina National Guard or State defense militia according to law shall be stored and kept at suitable storage facilities as determined by the Adjutant General.
"§ 127A‑127. Property kept in good order.
Every officer and enlisted member belonging to any unit
equipped with public military property shall keep and preserve such the
property in good order; and for neglect to do so may be punished as a court‑martial
may direct.
"§ 127A‑128. Equipment and vehicles.
Equipment and vehicles issued by the Department of Defense to
the North Carolina National Guard or State defense militia shall be used
solely for military purposes, except in those specific cases where nonmilitary
use is authorized by the Department of Defense and/oror the
Governor. Necessary expense in maintaining such equipment and vehicles,
not provided for by the federal government government, shall be a
proper charge against State funds appropriated for the North Carolina National
Guard: Provided, such the expense shall be specifically
authorized by the Governor and certified by the Adjutant General.
"§ 127A‑129. Transfer of property.
All officers accountable or responsible for public funds,
property, or books, before being relieved from the duty, shall turn them over
the same according to the regulations prescribed by the Governor.
"§ 127A‑130. Replacement of lost or damaged property.
Whenever any military property issued to the North
Carolina National Guard or State defense militia of the State shall
have been lost, damaged, or destroyed, and upon report of a disinterested
surveying officer it shall appear that the loss, damage, or destruction of
property was due to carelessness or neglect, or that its loss, damage or
destruction could have been avoided by exercise of able care, the money value
of such the property shall be charged to the responsible officer
or enlisted member, and the pay of such the officers and enlisted
members from both federal and State funds at any time accruing may be stopped
and applied to the payment of any such indebtedness until same it is
discharged.
"§ 127A‑131. Unlawful conversion or willful destruction of military property.
(a) If any person shall willfully or wantonly destroy
or injure, willfully retain after demand made or otherwise convert to his the
person's own use any property of the State or of the United States issued
for the purpose of arming or equipping the militia of the State or if any
person shall purchase any property of the State or of the United States knowing
it to be unlawfully obtained, he the person shall be guilty of a
Class 1 misdemeanor.
(b) Any person, firm or corporation receiving in
pledge or buying from any other person, firm or corporation for the purpose of
resale any goods, to include arms, ammunition, explosives, equipment, clothing,
supplies and materials, which may reasonably be thought to be the property of
the armed forcesArmed Forces of the United States and their
reserve components or of the militia of the State of North Carolina, shall keep
a register and shall enter therein a true and accurate record of each purchase,
showing the name, social security number and address of the person from whom
purchased, the name and address of the firm or corporation from whom purchased,
together with the amount paid for each item or lot of small items, the date of
purchase, the serial numbers of all items bearing serial numbers, and any other
marks, brands or descriptions which will serve to identify the items purchased.
The register shall be at all times open to the inspection of the public. Any
person, firm or corporation failing to comply with this provision shall be
guilty of a Class 1 misdemeanor; and any person, firm or corporation making a
false entry in such register shall be guilty of a Class 1 misdemeanor.
"Article 11.
"Support of Militia.
"§ 127A-137. Requisition for federal funds.
The Governor shall make requisition upon the secretary of the
appropriate service for such the State allotment from federal
funds as may be appropriate for the support of the militia.
"§ 127A‑138. Local appropriations; unit funds.
(a) Every municipality and county within the State is
hereby authorized and empowered to appropriate for the benefit of any unit or
units of the militia such the amounts of public funds from year
to year as the governing body of such the municipality or county
may deem wise, patriotic and expedient; and is further authorized, either alone
or in connection with others, to provide heat, electricity, water, telephone
service and other costs of operation and maintenance of any armory. Such These
appropriations may be funded by the levy of property taxes pursuant to G.S. 153A‑149
and G.S. 160A‑209 or by the allocation of other revenues
whose use is not otherwise restricted by law.
(b) Any funds donated to any unit or units of the militia by local governments, civic organizations or private sources, short‑term rental of their armory buildings, or funds earned through vending machine commissions and items of similar nature shall remain at the unit or units to be expended in accordance with rules and regulations prescribed by the Secretary.
"§ 127A‑139. Allowances made to different organizations and personnel.
(a) There may be allowed each year to the following
officers, under rules and regulations prescribed by the Secretary of Crime
Control and Public Safety, as follows: to general officers, and commanders of
divisions, corps, groups, brigades, regiments, separate battalions, squadrons
or similar organizations, not to exceed two hundred and twenty‑five
dollars ($225.00); to commanding officers of companies, batteries, troops,
detachments and similar units not to exceed two hundred dollars ($200.00); to
executive officers, adjutants, plans and training officers, logistical officers
and commissioned officers in comparable assignments in divisions, corps,
groups, brigades, regiments, battalions, squadrons and similar organizations,
not to exceed two hundred dollars ($200.00). No officer shall be entitled to
receive any part of the amounts named herein in this subsection unless
he the officer has performed satisfactorily all duties required
of him the officer by law and regulations and has pursued such
any course of instruction as that may from time to
time be required.
(b) There may be allowed annually to the supply sergeant of each company, battery, troop, detachment, and similar organizations, a sum of money not to exceed one hundred dollars ($100.00) for services satisfactorily performed.
(c) There shall be allowed annually sufficient funds
to be allocated by the Secretary of Crime Control and Public Safety among the
federally recognized units of the North Carolina National Guard and
their headquarters, NCNG State Pistol Team, NCNG State Rifle Team, NCARNG
Aviation Support Facility, and NCARNG Aviation Flight Activitya pistol
team, a rifle team, aviation support facilities, and aviation flight activities
for administrative and operating expenses, including heat, electricity,
telephone, postage, office supplies and equipment, minor repairs and
replacement of equipment, and such any other expenses and special
items of equipment not otherwise provided as that may be
authorized in accordance with North Carolina National Guard rules and
regulations.
(d) Repealed by Session Laws 1979, c. 701, s. 2.
(e) The commanding officers of all organizations
participating in the appropriations herein made shall render an itemized
statement of all funds received from any source whatever for the support of
their respective organizations in such the manner and on such the
forms as may be prescribed by the Secretary through the Adjutant
General. Failure on the part of any officer to submit promptly when due the
financial statement of his the officer's organization will be
sufficient cause to withhold all appropriations for such organizations.the
organization.
"Article 12.
"General Provisions.
"§ 127A‑145. Reports of officers.
All officers of the North Carolina National Guard, the
State defense militia, and the naval militia shall make such returns and
reports to the Governor, the Secretary of Defense, or to such officers
as they may designatedesignated by them, at such the times
and in such the form as may from time to time be prescribed.
"§ 127A‑146. Officer to give notice of absence.
When any officer shall have occasion to be absent from his
the officer's usual residence one week or more, he the
officer shall notify the officer next in command, and also his the
officer's next superior officer in command, of his the officer's intended
absence, and shall arrange for the officer next in command to handle and attend
to all official communications.
"§ 127A‑147. Orders, rules, regulations and Uniform Code of Military Justice applicable to militia when not in service of United States.
The North Carolina National Guard, State defense
militia and naval militia, when not in the service of the United States, shall
be governed by State law, the orders, rules and regulations of the Adjutant
General, regulations promulgated by the secretary of the appropriate service of
the armed forces Armed Forces of the United States, and the
Uniform Code of Military Justice, as amended from time to time.
"§ 127A‑148. Commander may prevent trespass and disorder.
The commander upon any occasion of duty may place in arrest
during the continuance thereof any person who shall trespass upon the
campground, parade ground, armory, or other place devoted to such that
duty, or who shall in any way or manner interrupt or molest the orderly
discharge of duty by those under arms, or shall disturb or prevent the passage
of troops going to or returning from any duty. He The commander may
prohibit and prevent the sale or use of all spirituous liquors, wine, ale,
beer, or cider, the holding of huckster or auction sales, and all gambling
within the limits of the post, campground, campground or place of
encampment, parade, parade, or drill under his or her command,
or within such any limits not exceeding one mile therefrom as
he that the commander may prescribe. And he The commander may
in his the commander's discretion abate as common nuisance all
such sales.
"§ 127A‑149. Power of arrest in certain emergencies.
In the event members of the North Carolina National Guard or
State defense militia are called out by the Governor pursuant to the authority
vested in him the Governor by the Constitution, they shall have such
the power of arrest as may be reasonably necessary to accomplish
the purpose for which they have been called out.
"§ 127A‑150. Immunity of guardsmen from civil and criminal liability.
(a) A member of the North Carolina National Guard or State defense militia, while acting in aid of civil authorities and in the line of duty, shall have the immunities of a law‑enforcement officer.
(b) Whenever members Members of the
North Carolina National Guard or State defense militia shall have the
immunities of a law‑enforcement officer whenever they are called upon
to execute the laws, laws; engage in disaster relief, relief;
suppress or prevent actual or threatened riot or insurrection, insurrection;
repel invasion, invasion; or apprehend or disburse disperse
any sniper, rioters, mob or unlawful assembly, they shall have the immunities
of a law‑enforcement officer.assembly.
(c) Any civil claim against a member of the North
Carolina National Guard or State defense militia allegedly arising from the
action or inaction of such the member of the North Carolina National
Guard or State defense militia while in line of duty shall be filed within two
years of the date of the occurrence or forever barred.
"§ 127A‑151. Organizing company without authority.
If any person shall organize a military company, or drill or
parade under arms as a military body, except under the militia laws and
regulations of the State, or shall exercise or attempt to exercise the power or
authority of a military officer in this State, without holding a commission
from the Governor, he the person shall be guilty of a Class 1
misdemeanor.
"§ 127A‑152. Placing name on muster roll wrongfully.
If any officer of the militia of the State shall knowingly or
willfully place, or cause to be placed, on any muster roll the name of any
person not regularly or lawfully enlisted, or the name of any enlisted man member
who is dead or who has been discharged, transferred, or has lost membership
for any cause whatsoever, or who has been convicted of any infamous crime, he
the officer shall be guilty of a Class 1 misdemeanor.
"§ 127A‑153. Protection of uniform.
(a) The wearing of any military uniform of the United
States government by members of the militia shall be pursuant to
applicable regulations promulgated by the respective armed services Armed
Forces of the United States and regulations of the Adjutant General of
North Carolina not inconsistent with federal uniform regulations.
(b) The wearing of any military uniform of the North
Carolina State government by members of the militia shall be
pursuant to applicable regulations promulgated by the Adjutant General of North
Carolina.
(c) Members of the militia who violate the regulations
referred to in (a) and (b) above subsections (a) and (b) of this
section shall, upon conviction by a court‑martial, be punished in
like manner and to the extent prescribed by Article 134 of the Uniform Code of
Military Justice and Manual for Courts‑Martial, United States, as shall
be in use by the armed forces Armed Forces of the United States
at the time of the offense.
(d) Persons not subject to courts‑martial who
violate the regulations referred to in (a) and (b) above subsections
(a) and (b) of this section may be charged and tried in the State courts
and upon conviction shall be punished as provided in (c) above.subsection
(c) of this section.
"§ 127A‑154. Upkeep of properties.
There shall be paid from the appropriations from the North
Carolina National Guard such the amounts as may be necessary
for the maintenance, upkeep, and improvement of State military properties and
facilities. Provided, such these expenditures shall be approved
and authorized by the Governor.
"§ 127A‑155. When officers authorized to administer oaths.
Officers of the North Carolina National Guard are authorized to administer oaths in all circumstances pertaining to any military matter whenever an oath is required.
"Article 13.
"Armories.
"§ 127A‑161. Definitions.
As used in this Article, the following terms mean:
(1) Armory: Armory. Any building or
building complex and related facilities, including the lands for them, which
are intended to be utilized by the militia for training, administration,
storage, and the maintenance and servicing of equipment.
(2) Armory site: Armory site. That
land, meeting federal and State specifications, upon which an armory may be
constructed.
(3) Department: Department. The North
Carolina Department of Crime Control and Public Safety.
(4) Facilities: Facilities. Those
adjuncts to an armory, including but not limited to yards, storage buildings,
sheds, ramps, racks, target ranges, furniture, fixtures and other equipment and
installations.
(5) Funds: Funds. Any moneys
appropriated by any municipality, county, the State or the United States
government and made available for the purpose of acquiring armory sites or
constructing or repairing any armory, warehouse, or other facility for the use
of any unit or for any other purpose in connection with the housing, training,
instruction or promotion of the interest of any unit.
(6) Municipality: Municipality. Any
incorporated city, town or village.
(7) Unit: Unit. Any organizational
entity of the militia.
"§ 127A‑163. Powers of Department specified.
The Department of Crime Control and Public Safety is further authorized and empowered:
(1) To act as an agency of the State of North Carolina for the purpose of setting up and administering any statewide plan for the acquisition of armories and armory sites, for the construction and maintenance of armories and for providing facilities which are now or may be necessary in order to comply with any federal law and in order to receive, administer and disburse any funds which may be provided by act of Congress for such purpose;
(2) As suchWhen acting as an agency of
the State of North Carolina, Carolina under subdivision (1) of this
section, to promulgate statewide plans for the acquisition of armories and
armory sites, for the construction and maintenance of armories and such other
facilities as may be found that are desirable or necessary to
meet the requirements and receive the benefits of any federal legislation with
respect thereto;
(3) To receive and administer any funds which may be
appropriated by any act of Congress or otherwise for the acquisition of
armories and armory sites; sites, for the construction and
maintenance of armories armories, and for providing facilities,
which facilities that may at any time become available for such those
purposes;
(4) To receive and administer any other funds which may be available in furtherance of any activity in which the Department of Crime Control and Public Safety is authorized and empowered to engage under the provisions of this Article; and
(5) To adopt such rules and regulations as
may be necessary to carry out the intent and purpose of this Article.
"§ 127A‑167. Appropriations to supplement available funds authorized.
Any city or town and any county in the State, separately or
jointly, may make appropriations to supplement available federal or State funds
to be used for the construction of armory facilities for the North Carolina
National Guard. Appropriations made under authority of this Article shall be in
such the amounts and in such the proportions as
may be deemed adequate and necessary by the governing body of the county
and/or municipality desiring to participate in the armory construction program.
"§ 127A‑168. Local financial support.
Each county and city in this State is authorized to make appropriations for the purposes of this Article and to fund them by levy of property taxes pursuant to G.S. 153A‑149 and G.S. 160A‑209 and by the allocation of other revenues whose use is not otherwise restricted by law.
"§ 127A‑169. Unexpended portion of State appropriation.
The unexpended portion of any appropriation from the general
fundGeneral Fund of the State for the purposes set out in this Article,
remaining at the end of any biennium, shall not revert to the general fund General
Fund of the State, but shall constitute part of a permanent fund to be
expended from time to time in the manner and for the purposes set out in this
Article.
"Article 14.
"National Guard Mutual Assistance Compact.
"§ 127A‑177. Definitions; mutual aid.
(a) As used in this Article:
(1) "Emergency" means an occurrence or condition, temporary in nature, in which police and other public safety officials and locally available National Guard forces are, or may reasonably be expected to be, unable to cope with substantial and imminent danger to the public safety.
(2) "Requesting state" means the state whose governor requests assistance in coping with an emergency.
(3) "Responding state" means the state furnishing aid, or requested to furnish aid.
(b) Upon request of the governor of a party state for
assistance in an emergency, the governor of a responding state shall have
authority under this Compact to send without the borders of his the
responding state and place under the temporary command of the appropriate
National Guard or other military authorities of the requesting state all or any
part of the National Guard forces of his the responding state as he
the governor of the responding state may deem necessary, and the
exercise of his the governor's discretion in this regard shall be
conclusive.
(c) The governor of a party state may withhold the
National Guard forces of his that governor's state from such use
and recall any forces or part or member thereof previously deployed in a
requesting state.
(d) Whenever National Guard forces of any party state are engaged in another state in carrying out the purposes of this Compact, the members thereof so engaged shall have the same powers, duties, rights, privileges and immunities as members of National Guard forces in such other state. The requesting state shall save members of the National Guard forces of responding states harmless from civil liability for acts or omissions in good faith which occur in the performance of their duty while engaged in carrying out the purposes of this Compact, whether the responding forces are serving the requesting state within its borders or are in transit to or from such service.
(e) Subject to the provisions of subsections (f), (g) and (h) of this section, all liability that may arise under the laws of the requesting state, the responding state, or a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
(f) Any responding state rendering aid pursuant to this Compact shall be reimbursed by the requesting state for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of the materials, transportation and maintenance of National Guard personnel and equipment incurred in connection with such request: Provided, that nothing herein contained shall prevent any responding state from assuming such loss, damage, expense or other cost.
(g) Each party state shall provide, in the same amounts and manner as if they were on duty within their state, for the pay and allowances of the personnel of its National Guard units while engaged without the state pursuant to this Compact and while going to and returning from such duty pursuant to this Compact. Such pay and allowances shall be deemed items of expense reimbursable under subsection (f) of this section by the requesting state.
(h) Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its National Guard forces in case such members sustain injuries or are killed within their own state, shall provide for the payment of compensation and death benefits in the same manner and on the same terms in case such members sustain injury or are killed while rendering aid pursuant to this Compact. Such compensation and death benefits shall be deemed items of expense reimbursable pursuant to subsection (f) of this section.
"§ 127A‑178. Delegation.
Nothing in this Compact shall be construed to prevent the
governor of a party state from delegating any of his the governor's
responsibilities or authority respecting the National Guard, provided that such
delegation is otherwise in accordance with law. For purposes of this Compact,
however, the governor shall not delegate the power to request assistance from
another state.
"§ 127A‑179. Limitations.
Nothing in this Compact shall:
(1) Expand or add to the functions of the National Guard, except with respect to the jurisdictions within which such functions may be performed;
(2) Authorize or permit National Guard units to be placed under the field command of any person not having the military or National Guard rank or status required by law for the field command position in question.
"§ 127A‑181. Payment of liability to responding state.
Upon presentation of a claim therefor by an appropriate
authority of a state whose National Guard forces have aided this State pursuant
to the Compact, any liability of this State pursuant to G.S. 127A‑177(f)
of this Compact shall be paid out of the general fund.
"§ 127A‑182. Status, rights and benefits of forces engaged pursuant to Compact.
In accordance with G.S. 127A‑177(h) of this
Compact, G.S. 127A‑177(h), members of the National Guard
forces of this State shall be deemed to be in State service at all times when
engaged pursuant to this Compact, and shall be entitled to all rights and
benefits provided pursuant to the laws of this State.
"§ 127A‑183. Injury or death while going to or returning from duty.
All benefits to be paid under G.S. 127A‑177(h) of
the foregoing Compact shall include any injury or death sustained while
going to or returning from such duty.
"§ 127A‑184. Authority of responding state required to relieve from assignment or reassign officers.
Nothing in the foregoing this Compact shall
authorize or permit state officials or military officers of the requesting
state to relieve from assignment or reassign officers or noncommissioned
officers of National Guard units of the responding state without authorization
by the appropriate authorities of the responding state.
"Article 16.
"National Guard Reemployment Rights.
"§ 127A‑202. Rights.
Upon release from State duty, the employee shall make written
application to his the employee's previous employer for
reemployment within five days of his the employee's release from
duty or from hospitalization continuing after release. If the employee is still
qualified for his the employee's previous employment, he the
employee shall be restored to his previous position or to a position of
like seniority, status and salary, unless the employer's circumstances now make
the restoration unreasonable. If the employee is no longer qualified for his
the employee's previous employment, he the employee shall
be placed in another position, for which he the employee is
qualified, and which will give him the employee appropriate
seniority, status and salary, unless the employer's circumstances now make the
placement unreasonable.
."
SECTION 1.(b) The Revisor of Statutes is authorized to substitute, consistent with this act, the term "Armed Forces of the United States" for the following terms, wherever these terms appear in the General Statutes, when referring to the Armed Forces of the United States:
(1) "armed forces."
(2) "Armed Forces."
(3) "armed forces of the United States."
(4) "armed services of the United States."
(5) "United States armed services."
(6) "United States armed forces."
(7) "United States Armed Forces."
(8) "U.S. armed forces."
(9) "U.S. Armed Forces."
SECTION 1.(c) The Revisor of Statutes is authorized to insert, consistent with this act, the words "United States" before references to the "army," "navy," "marine corps," "coast guard," and "air force," wherever these terms appear in the General Statutes, when referring to a branch or branches of the Armed Forces of the Unites States, and to capitalize those terms.
SECTION 1.(d) The Revisor of Statutes is authorized to substitute, consistent with this act, the term "North Carolina National Guard" for the terms "National Guard," "national guard," and "guard," wherever these terms appear in the General Statutes, when referring to the North Carolina National Guard.
SECTION 2. This act is effective when it becomes law.
