                                 CODE OF VIRGINIA

MILITIA STATE ACTIVE DUTY (§ 44-75.1)

A. The Governor or his designee may call forth the militia or any part thereof
to state active duty for service in any of the following circumstances:

   1. In the event of invasion or insurrection or imminent threat of either;

   2. When any combination of persons becomes so powerful as to obstruct the
   execution of laws in any part of this Commonwealth;

   3. When the Governor determines that a state agency or agencies having
   law-enforcement responsibilities are in need of assistance to perform
   particular law-enforcement functions, which functions he shall specify in his
   call to the militia;

   4. In the event of flood, hurricane, fire or other forms of natural or
   man-made disaster wherein human life, public or private property, or the
   environment is imperiled;

   5. In emergencies of lesser magnitude than those described in subdivision 4,
   including but not limited to the disruption of vital public services, wherein
   the use of militia personnel or equipment would be of assistance to one or
   more departments, agencies, institutions, or political subdivisions of the
   Commonwealth;

   6. When the Governor determines that the National Guard and its assets would
   be of valuable assistance to state, local or federal agencies having a drug
   law-enforcement function to combat the flow of or use of illegal drugs in the
   Commonwealth, he may provide for the National Guard or any part thereof to
   support drug interdiction, counterdrug and demand reduction activities within
   the Commonwealth, or outside the Commonwealth under the National Guard Mutual
   Assistance Counterdrug Activities Compact. In calling forth the National Guard
   under this section, the Governor shall specify the type of support that the
   National Guard shall undertake with state, local or federal law-enforcement
   agencies. Once called forth by the Governor, the National Guard is also
   specifically authorized to enter into mutual assistance and support agreements
   with any law-enforcement agencies, state or federal, operating within or
   outside this Commonwealth so long as those activities are consistent with the
   Governor&#8217;s call. All activities undertaken by the National Guard in the
   areas of drug interdiction, counterdrug and drug demand reduction shall be
   reported by the Adjutant General&#8217;s office to the Governor and reviewed
   by the Governor no less frequently than every three months; and

   7. When the Governor or his designee, in consultation with the Adjutant
   General, determines that the militia or any part thereof is in need of
   specific training to be prepared for being called forth for any of the
   circumstances expressed in subdivisions 1 through 6 above. Such training may
   be conducted with a state or federal agency or agencies having the capability
   or responsibility to coordinate or assist with any of the circumstances set
   forth in subdivisions 1 through 6 above.

B. The Virginia National Guard shall be designated as a state law-enforcement
agency for the sole purpose of receiving property and revenues pursuant to 18
U.S.C. &#xA7; 981 (e) (2), 19 U.S.C. &#xA7; 1616a, and 21 U.S.C. &#xA7; 881 (e)
(1) (A).

HISTORY: 1988, c. 352; 1993, c. 932; 1995, c. 49; 1996, cc. 71, 805.