§ 127A-80. Authority to organize and maintain State defense militia of North Carolina. - North Carolina Statutes

Article 5.

State Defense Militia.

§ 127A‑80.  Authority toorganize and maintain State defense militia of North Carolina.

(a)        The Governor isauthorized to organize such part of the unorganized militia as a State forcefor discipline and training, into companies, battalions, regiments, brigades orsimilar organizations, as may be deemed necessary for the defense of the State;to maintain, uniform and equip such military force within the appropriationsavailable; to exercise discipline in the same manner as is now or may hereafterbe provided by the laws of the State for the National Guard. Such militaryforce shall be subject to the call or the order of the Governor to execute thelaw and secure the safety of persons and property, suppress riots or insurrections,repel invasions or provide disaster relief, as may now or hereafter be providedby law for the National Guard or for the State militia.

(b)        Such military forceshall be designated as the "North Carolina State Defense Militia" andshall be composed of personnel of the unorganized militia as may volunteer forservice therein or be drafted as provided by law. To be eligible for service inan enlisted status, a person must be at least 17 years of age. To be eligiblefor service as an officer, a person must be at least 18 years of age. The forceand its personnel shall be additional to and distinct from the National Guardorganized under existing law. A person may not become a member of the defensemilitia established under this section, if a member of a reserve component ofthe armed forces.

(c)        The Governor ishereby authorized: to prescribe rules and regulations governing the appointmentof officers, the enlistment of other personnel, the organization,administration, equipment, discipline and discharge of the personnel of suchmilitary force; to requisition from the Secretary of Defense such arms andequipment as may be in possession of and can be spared by the Department ofDefense; and to furnish the facilities of available armories, equipment, State premisesand property, for the purpose of drill and instruction.

(d)        Such force shallnot be called, ordered, or in any manner drafted, as such, into the militaryservice of the United States, but no person shall by reason of membershiptherein, be exempt from military service under any federal law.

(e)        The Governor ishereby authorized to transfer to the benefit of the State defense militia anyavailable and unexpended funds which he shall find necessary for its use fromany appropriations to the National Guard by the General Assembly, and for thesame purpose to allot moneys from the Contingency and Emergency Fund with theconcurrence of the Council of State. Upon disbandment of the State defensemilitia any moneys or balance to the credit of any unit of this organizationshall be paid into the State treasury for the benefit of the National Guard,and all property, clothing, and equipment belonging to the State shall betransferred to the account of the National Guard for disposition in accordancewith 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 thedisbandment of the entire organization, the Governor is authorized to directthe transfer of any State property or balance of funds of the disbanded unit toany other unit, including any new unit or units organized to fill vacancies, orotherwise, as the Governor may direct.

(f)         The North CarolinaState defense militia shall be subject to the military laws of the State notinconsistent with or contrary to the provisions contained in this Article withthe following exceptions:

The provisions of G.S. 127A‑117,127A‑118, [and] 127A‑139 as amended, shall not be applicable to thepersonnel and units of the State defense militia.

(g)        There shall beallowed annually to each unit or company of the State defense militia suchfunds as may be necessary to be applied to the payment of armory rent, heat,light, stationery, printing, and other expenses.

(h)        All payments are tobe made by the Secretary of the Department of Crime Control and Public Safetyin accordance with State laws in semiannual installments on the first day ofJuly and the first day of January of each year, but no payment shall be madeunless all assemblies and duties required by law are duly performed by allorganizations named.

(i)         The commander ofeach organization participating in the appropriation herein named shall renderan itemized statement of all funds received from any source whatsoever for thesupport of the organization in such manner and on such forms as may beprescribed by the Secretary of the Department of Crime Control and PublicSafety. Failure on the part of any commander to submit promptly when due thefinancial statement of the organization will be sufficient cause to withholdall appropriations for the organization.  (1941, c. 43; 1943, c. 166; 1945, c. 209, s. 1; c.835; 1957, c. 1083; 1963, c. 1016, s. 1; 1975, c. 604, s. 2; 1977, c. 70, s. 2;c. 553; 1983, c. 314, ss. 2, 3; 2009‑281, s. 1.)