NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 604

HOUSE BILL 874

 

 

AN ACT REPEALING CHAPTER 127 AND ARTICLE 23 OF CHAPTER 143 OF THE NORTH CAROLINA GENERAL STATUTES, ENTITLED RESPECTIVELY, "MILITIA" AND "ARMORIES" AND ENACTING A NEW CHAPTER 127 IN LIEU THEREOF RELATING TO MILITIA.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 127 of the General Statutes entitled "Militia" and Article 23 of Chapter 143 entitled "Armories" is hereby repealed.

Sec. 2.  A new Chapter 127 of the General Statutes is hereby enacted.

"Article 1.

"Classification of Militia.

"§ 127-1.  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 other able- bodied persons who have or shall declare their intention to become citizens of the United States, subject to such qualifications as may be hereinafter prescribed, who shall be drafted into said militia or shall voluntarily accept commission, appointment, or assignment to duty therein.

"§ 127-2.  Classification of militia. — The militia shall be divided into the organized and unorganized militia. The organized militia shall consist of four classes: the North Carolina National Guard, the Naval Militia, the State Defense Militia and Historic Military Commands.

"§ 127-3.  Organized militia; national guard — The North Carolina National Guard, both Army and Air, shall consist of regularly commissioned, warrant and enlisted personnel between such ages as may be established by regulations promulgated by the secretary of the appropriate service and shall be organized, governed, armed, equipped and have such duties and responsibilities as hereinafter provided.

"§ 127-4.  Organized militia; naval militia. — The naval militia shall consist of regularly commissioned, warrant and enlisted personnel between such ages as may be established by regulations promulgated by the secretary of the appropriate service and shall be organized, governed, armed, equipped and have such duties and responsibilities as hereinafter provided.

"§ 127-5.  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 duties and responsibilities as hereinafter provided.

"§ 127-6.  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 to members of historic military commands.

"§ 127-7.  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 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, and, except as otherwise provided by law, under 64 years of age.

"§ 127-8.  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, custom house 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, 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 belief by such person shall be established under such regulations as are or may be prescribed for exemption from service with the 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 non-combatant for the armed forces of the United States.

"§ 127-9.  Number of troops authorized. — In time of peace the State shall maintain only such troops as may be 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 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.

"§ 127-10.  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 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 organizations may be a part of the 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 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.

"§ 127-11.  Governor as Commander in Chief. — The Governor shall be Commander in Chief of the militia and shall have power to call out the militia to execute the laws, secure the safety of persons and property, suppress riots or insurrections, repel invasions and provide disaster relief.

"§ 127-12.  Commander in Chief to prescribe regulations. — The Commander in Chief shall have the power and it shall be his duty from time to time to issue such orders and to prescribe such regulations relating to the organized and unorganized militia as will cause the same at all times to conform to the federal requirements of the United States government relating thereto.

"§ 127-13.  Personal staff of Governor. — The Governor may detail not more than 10 active 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.

"§ 127-14.  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 capacity as Commander in Chief of the militia, in consultation with the Secretary of Military and Veterans Affairs, 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 forces of the United States. The Adjutant General, while holding such office, may be a member of the active National Guard or Naval Militia.

Subject to approval of the Governor and in consultation with the Secretary of Military and Veterans Affairs, the Adjutant General may appoint a Deputy Adjutant General and an Assistant Adjutant General for Air National Guard, both 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.

"§ 127-15.  Administrative and operational relationships of the Adjutant General. — In all administrative and operational matters affecting the militia while under State control, the Adjutant General shall be responsible to and subject to the direction and supervision of the Secretary of Military and Veterans Affairs.

"§ 127-16.  United States Property and Fiscal Officer. — (a) The Governor of the State, in consultation with the Secretary of Military and Veterans Affairs, 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 to active duty, with his 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, as appropriate, on extended active duty and detailed for duty with the National Guard Bureau for administrative purposes. In his capacity as United States Property and Fiscal Officer, he 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.

"§ 127-17.  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 Military and Veterans Affairs, 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 non-federally recognized State National Guard or State Defense Militia organized under the provisions of G.S. 127-1 et seq.

(b)        In consideration of his 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 salary as the Governor may authorize to be just and proper; the salary to constitute a charge upon appropriations made to the Department of Military and Veterans Affairs.

(c)        The Property and Fiscal Officer for North Carolina shall be an employee of the Department of Military and Veterans Affairs. He 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 funds and property entrusted to his care. He shall receipt for and account for all funds and property allotted to his custody from the appropriation for military purposes by State and federal agencies, and shall make such returns and reports through the Secretary of Military and Veterans Affairs concerning same as may be required by the Governor or State laws.

"§ 127-18.  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. Any university, college, academy or other educational institution shall be qualified under this section when such 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 forces 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 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 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.

"§ 127-19.  National Guard. — The National Guard Class of the four classes of the organized militia as established under G.S. 127-2 is hereby designated the 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 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 federal laws and regulations and with all State laws and orders of the Governor not inconsistent with those federal laws and regulations.

"§ 127-20.  Organization of national guard units. — Except as otherwise specifically provided by the laws of the United States, the organization of the national guard, including the composition of all units thereof, shall be the same as that which is or may hereafter be prescribed for the regular army or air force subject in time of peace to such general exceptions as may be authorized by the Secretary of Defense.

"§ 127-21.  Location of units. — The Governor shall determine and fix the location of the units and headquarters of the national guard within the State; but no organization of the 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 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.

"§ 127-22.  Officers appointed and commissioned; oath of office. — All officers of the national guard shall be appointed and commissioned by the Governor as follows:

(1)        Except as otherwise specifically provided by the laws of the United States, the qualifications for appointment as an officer in the 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 national guard unless he has established to the satisfaction of a board of officers his 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 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.'

"§ 127-23.  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 the best interest of the service within the organization, and in accordance with regulations promulgated by the secretary of the appropriate service.

"§ 1 27-24.  Relative rank among officers of same grade. — Officers of the North Carolina National Guard in the same grade rank among themselves according to the date of rank established by regulations promulgated by the secretary of the appropriate service and the Adjutant General of the State of North Carolina.

"§ 127-25.  Elimination and disposition of officers; efficiency board; transfer to inactive status. — (a) Whenever the efficiency or general fitness, including physical fitness, of a national guard officer is in question, the Adjutant General, State of North Carolina, may order him 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 Military and Veterans Affairs and the Governor of the State of North Carolina.

(b)        Commissions of officers of the 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 national guard may, upon their own request, be transferred to the inactive national guard, subject to such exceptions as may be authorized by the Adjutant General, State of North Carolina, or the Secretary of Defense.

"§ 127-26.  Retirement of officers. — Retirement of officers shall be regulated so as to conform to federal laws and regulations of the United States relating to retirement of national guard officers.

"§ 127-27.  Enlistments in national guard; oath of enlistment. — (a) Enlistments in the national guard shall be for such periods and subject to such qualifications as prescribed by the secretary of the appropriate service.

(b)        Enlisted men shall not be recognized as members of the national guard until they shall have subscribed to the following oath of enlistment:

'I do hereby acknowledge to have voluntarily enlisted this ________ day of _____, 19__ , 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.'

"§ 127-28.  Discharge of enlisted personnel. — (a) Enlisted personnel discharged from service in the national guard shall receive a discharge in writing in such form and with such classification as 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.

"§ 127-29.  Membership continued in the national guard. — When called or ordered into federal service and discharged therefrom, members shall continue their membership in the national guard until the expiration of their enlistment or appointment, unless sooner terminated by proper authority.

"§ 127-30.  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 forth shall receive, commencing at age 60, a pension of fifty dollars ($50.00) per month for 20 years' creditable military service with an additional five dollars ($5.00) per month for each additional year of such service; provided, however, that the total pension shall not exceed one hundred dollars ($100.00) per month. The requirements for such 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.

(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 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)        Benefits paid under the provisions of this section shall be exempt from the North Carolina income tax.

(f)         The provisions of this section shall be administered by the Secretary of Military and Veterans' Affairs.

(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.

"§ 127-31.  Uniforms, arms and equipment. — The national guard shall, as far as practicable, be uniformed, armed and equipped with the same type of uniforms, arms and equipment as is or shall be provided for the appropriate regular service.

"§ 127-32.  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. The Governor is authorized to present such medal, upon the recommendation of the Adjutant General of North Carolina and a board consisting of all general officers and officers assigned to authorized general officer grade vacancies, North Carolina National Guard, to any member or former member of the armed forces who has distinguished, or who shall distinguish himself by exceptionally meritorious conduct in the performance of outstanding service to the North Carolina National Guard.

"§ 127-33.  North Carolina National Guard Meritorious Service Medal. — There is hereby created in 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 or his designated representative is authorized to award this medal upon the recommendation of the Adjutant General and a board of officers appointed by the Adjutant General. Any member, or former member discharged under honorable conditions, of the North Carolina National Guard who distinguishes himself by heroism, meritorious achievement, or meritorious service to the North Carolina National Guard is eligible for this award. The required heroism, achievement, or service, while of a lesser degree than that required for award of the North Carolina Distinguished Service Medal, must nevertheless have been accomplished with distinction.

"§ 127-34.  North Carolina Commendation Ribbon. — There is hereby created the North Carolina Commendation Ribbon which shall be a ribbon of appropriate design as approved by the Governor or his designated representative.

The Adjutant General of North Carolina is authorized to award this ribbon to members of the organized militia who have brought credit to themselves, the military service and the State by their example or their performance of a specific act while a member of the organized militia, but not necessarily while in a State or federal duty status.

"§ 127-35.  North Carolina National Guard State Active Duty Awards. — 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 Adjutant General of North Carolina is authorized to award this ribbon to members of the North Carolina National Guard who satisfactorily serve a tour of State active duty on or after July 1, 1974, by order of the Governor and said tour of State active duty having been designated by the Adjutant General of North Carolina as worthy of this award.

Said tours of State active duty designated for this award are to be of such nature as to be a distinct and notable service to a community or the State.

"§ 127-36.  Authority to wear medals, ribbons and other awards. — The Adjutant General may prescribe those medals, ribbons and other awards and decorations which may be worn by members of the militia, not inconsistent with regulations of the respective armed services of the United States.

"§ 127-37.  Courts-martial for national guard. — Courts-martial for organizations of the 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, except as to punishments, as similar courts provided for by the law and regulations governing the armed forces of the United States, and the proceedings of courts-martial of the national guard shall follow the forms and modes of procedure prescribed for such similar courts.

"§ 127-38.  General courts-martial. — General courts-martial of the national guard not in the service of the United States may be convened by orders of the Governor of the State, and such courts shall have the power to impose fines not exceeding two hundred dollars ($200.00); sentence to forfeiture of pay and allowances; to a reprimand; to dismissal or dishonorable discharge from the service; to reduction of enlisted personnel to the ranks; or any two or more of such punishments may be combined in the sentences imposed by such courts.

"§ 127-39.  Special courts-martial; appointments, power and authority. — In the national guard, not in the service of the United States, special courts-martial may be appointed by: (1) the commander of a brigade, regiment, comparable or higher command of the North Carolina Army National Guard; (2) the commander of a wing, group, separate squadron, comparable or higher command of the North Carolina Air National Guard; (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.

Except as to commissioned officers, such courts-martial shall have the power and authority to try any person subject to military law for any crimes or offenses within the jurisdiction of a general military court. Such courts- martial shall have the same powers of punishment as general courts-martial except that fines imposed by such courts- martial shall not exceed one hundred dollars ($100.00), and such courts- martial shall not have the power of dismissal from the national guard.

"§ 127-40.  Summary courts-martial. — In the national guard, not in the service of the United States, summary courts-martial may be appointed by the commander of any company, battery, detachment, squadron, or any other federally recognized unit, either army or air. Such 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 organizations. Such courts shall also have the power to impose fines not exceeding twenty-five dollars ($25.00) for any single offense, may sentence to forfeiture of pay and allowances, or may sentence enlisted personnel to reduction in rank; but in the case of noncommissioned officers above the fourth enlisted grade, may not adjudge reduction except to the next inferior grade.

"§ 127-41.  Nonjudicial punishment. — Any commander of the 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, Manual for Courts-Martial, United States, 1951, as amended from time to time.

"§ 127-42.  Jurisdiction of courts-martial. — The jurisdiction of courts-martial of the national guard, not in the service of the United States, except as to punishments, shall be as prescribed by the Manual for Courts-Martial, United States, 1951, as amended from time to time. 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.

"§ 127-43.  Manual for Courts-Martial. — Trials and proceedings by all courts and boards shall be in accordance with the plans and procedures laid down in the Manual for Courts-Martial, United States, 1951, as amended from time to time.

"§ 127-44.  Sentences; where executed. — All sentences to confinement imposed by any military court of this State shall be executed in such prisons as the court may designate.

"§ 127-45.  Forms for courts-martial procedure. — In the 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, 1951, as amended.

"§ 127-46.  Powers of courts-martial. — In the 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 accused persons and to bring them before the court for trial whenever such persons shall have disobeyed an order in writing from the convening authority to appear before such court, a copy of the charge or charges having been delivered to the accused with such order, and to issue commitments in carrying out sentences of confinement, 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. He shall also have power to punish for contempt occurring in the presence of the court.

In addition to the power to issue warrants set forth in the first paragraph of this section, the arrest and confinement of persons subject to this Chapter may be accomplished by the means and under the procedures set forth in Articles 9 and 10 of the Uniform Code of Military Justice, Manual for Courts-Martial, United States, 1951, as amended from time to time.

"§ 127-47.  Execution of processes and sentences. — All processes and sentences of any of the military courts of this State shall be executed by any sheriff, deputy sheriff, or police officer into whose hands the same may be placed for service or execution, and such officer shall make return thereof to the officer issuing or imposing the same. Such service or execution of process or sentence shall be made by such officer without tender or advancement of fee therefor; but all costs in such cases shall be paid from funds appropriated for military purposes. The actual necessary expenses of conveying a prisoner from one county in the State to another, when the same is authorized and directed by the Adjutant General of the State, shall be paid from the military funds of the State upon a warrant approved by the Adjutant General.

"§ 127-48.  Sentence of confinement. — All courts- martial of the national guard, not in the service of the United States, including summary courts, shall have power to sentence to confinement in lieu of fines authorized to be imposed: Provided, that such sentences of confinement shall not exceed one day for each one dollar ($1.00) of fine authorized.

"§ 127-49. Commitments. — When any sentence to fine or imprisonment shall be imposed by any military court of this State, it shall be the duty of the president of said court, or summary court officer, upon the approval of the findings and sentence of such court, 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, the amount of fine or manner, place, and duration of confinement, and deliver such certificate to the sheriff, or deputy sheriff, or police officer of the county wherein the sentence is to be executed; and it shall thereupon be the duty of such officer to carry said sentence into execution in the manner 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.

"§ 127-50.  Sentence of dismissal. — No sentence of dismissal from the service or dishonorable discharge, imposed by a national guard court-martial 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.

"§ 127-51.  Disposition of fines. — Fines imposed by courts-martial under this Chapter shall be disposed of as prescribed in Article IX, Section 7, of the Constitution of North Carolina.

"ARTICLE 4.

"Naval Militia.

"§ 127-52.  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 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.

"§ 127-53.  Officers appointed to naval militia. — Officers of the United States Navy 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.

"§ 127-54.  Officers assigned to duty. — Line officers of the naval militia may be for line duties only, for engineering duties only, or for aeronautic duties only.

"§ 127-55.  Discipline in naval militia. — The naval militia shall be subject to the system of discipline prescribed for the United States Navy and Marine Corps, and the commanding officer of a naval militia battalion or brigade, or a naval militia officer in command of naval militia forces on shore or on any vessel of the 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 is authorized by law to impose.

"§ 127-56.  Disbursing and accounting officer. — The Governor shall appoint a disbursing officer, approved by and of such rank as may be prescribed by the Secretary of the Navy, to perform such duties as the Secretary of the Navy may prescribe. The Governor shall also appoint the above described disbursing officer, or such other officer of the pay corps of the naval militia as he may elect, as accounting officer for each battalion thereof, or at his option for each larger unit or combination of units of the same, who shall be responsible for the proper accounting for all public property issued to and for the use of such battalion or larger unit or combination of units.

"§ 127-57.  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 sums as the Governor or the Secretary of the Navy may direct, and conditioned upon the faithful accounting for all public property and for the safekeeping of such part thereof as may be in the personal custody of such 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.

"§ 127-58.  Disbandment of naval militia. — No part of the naval militia which is entitled to compensation under the provisions of an act of Congress approved August 29, 1916, shall be disbanded without the consent of the President.

"§ 127-59.  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 national guard asset forth in G.S. 127-37 through G.S. 127-51.

"ARTICLE 5.

"State Defense Militia.

"§ 127-60.  Authority to organize and maintain State Defense Militia of North Carolina. — (a) The Governor is authorized to organize such 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 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 National Guard. Such 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 national guard or for the State militia.

(b)        Such 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 and under 50 years of age, or under 64 years of age and a former member of the armed forces of the United States. To be eligible for service as an officer, a male must be at least 18 years of age and under 64, and a female at least 21 years of age and under 64. The force and its personnel shall be additional to and distinct from the 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.

(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 military force; to requisition from the Secretary of Defense such arms and equipment as may be 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 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 necessary for its use from any appropriations to the national guard by the General Assembly, and for the same purpose to allot moneys from the Contingency and Emergency Fund with the concurrence of the Council of State.

Upon disbandment of the State defense militia any moneys or balance to the credit of any unit of this organization shall be paid into the State Treasury for the benefit of the national guard, and all property, clothing, and equipment belonging to the State shall be transferred to the account of the 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. 127-77, G.S. 127-78, G.S. 127-89 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 funds as may be necessary to be applied to the payment of armory rent, heat, light, stationery, printing, and other expenses.

(h)        All payments are to be made by the Secretary of the Department of Military and Veterans Affairs 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 drills 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 manner and on such forms as may be prescribed by the Secretary of the Department of Military and Veterans Affairs. 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.

"§ 127-61.  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 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.

Personnel of the cadre shall serve without pay. The Secretary of the Department of Military and Veterans Affairs may reimburse cadre members for expenses actually incurred, not to exceed the amount appropriated and authorized for such purposes by the General Assembly.

(c)        The Governor's authority hereunder 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. 127-60 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. 127-58(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 other property as the regulations may provide, when and if the North Carolina National Guard, or any part thereof, may be inducted into the service of the United States, or, for any extended period of time, may be 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.

"§ 127-62.  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 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 697 Laws of the United States, the Governor shall first order out for service the national guard, the State defense militia or naval militia, or such thereof as may be necessary, and if the number available be insufficient, he shall then order out such a part of the unorganized militia as he may deem necessary. During the absence of organizations of the national guard or naval militia in the service of the United States, their state designations shall not be given to new organizations.

"§ 127-63.  Manner of ordering out unorganized militia. — The Governor shall, when ordering out the unorganized militia, designate the number. He may order them out either by calling for volunteers or by draft. He may attach them to the several organizations of the national guard, the State defense militia or naval militia, as may be best for the service.

"§ 127-64.  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.

"§ 127-65.  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.

"§ 127-66.  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 officer or member so detailed shall serve without pay and it shall be his duty to organize and supervise rifle clubs in schools, colleges, universities, clubs and other groups, under such rules and regulations as the Adjutant General shall prescribe and in such manner to make them, when duly organized, acceptable for membership in the National Rifle Association. Provided, that such duties and efforts shall in no wise interfere or conflict with clubs of schools or units operating in ROTC or similar schools under the supervision of armed forces instructors.

"Article 7.

"Regulations as to Active Service.

"§ 127-67.  National guard and naval militia first ordered out. — In all cases the national guard and naval militia as provided for in this Chapter shall be first ordered into service.

"§ 127-68.  Regulations enforced on active State service. — Whenever any portion of the militia shall be 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 forces of the United States, and the regulations prescribed for the armed forces of the United States, and the regulations issued thereunder, shall be enforced and regarded as part of this Chapter until said forces shall be relieved from such duty. As to offenses committed when such 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 provisions of the Uniform Code of Military Justice of the United States or regulations or laws governing the United States Armed Forces or the customs and usages thereof; but no punishment under such Code which shall extend 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 punishment. Imprisonment other than in guard house shall be executed in county jails or other prisons designated by the Governor for that purpose.

"§ 127-69  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 national guard or naval militia.

"Article 8.

"Pay of Militia.

"§ 127-70.  Rations and pay on State service. — The militia of the State, both officers and enlisted personnel, when called into the service of the State by the Governor shall receive the same pay as when called or ordered into the service of the United States, and shall be rationed or paid the equivalent thereof, provided that no officer or enlisted personnel shall receive less than 12 times the minimum hourly wage per day as provided for in G.S. 95-87.

"§ 127-71  Paid by the State. — When the militia or any portion thereof shall be ordered by the Governor into State service, the pay, subsistence, transportation and other necessary expenses incident thereto shall be paid by the State Treasurer, upon the approval of the Governor and warrant of the auditor.

"§ 127-72.  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 national guard or naval militia, and the expenses and compensation therefor of such officer and enlisted member shall be paid out of the appropriations made to the Department of Military and Veterans Affairs.

Such officers and enlisted members shall receive the same rate of pay as officers and enlisted members of the same grade and like service of the regular service, provided that no such officer or enlisted member shall receive less than 12 times the minimum hourly wage per day as provided for in G.S. 95-87. 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.

"§ 127-73.  Pay and care of soldiers, airmen and sailors disabled in service. — A member of the national guard, the State defense militia, or the naval militia who without fault or negligence on his 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 shall temporarily incapacitate him for pursuing his usual business or occupation he shall receive during such incapacity the pay and allowances as are provided for the same grade and rating in like circumstances in the active armed forces of the United States. If such member is permanently disabled, he shall receive the pensions and rewards that persons under similar circumstances in the military service of the United States receive from the United States. In case any such member shall die as a result of such 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 pension and rewards 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 such 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 be 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 regulations that the applicant is entitled to such care, pension, or reward.

Nothing herein shall in any way limit or condition any other payment to such member as by law may be allowed: Provided, however, 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.

"§ 127-74.  Pay of general and field officers. — General and field officers when away from their home stations visiting the organizations of their commands, for inspection and instruction under orders from proper authority, shall receive actual necessary expenses and the pay of their rank.

"§ 127-75.  Proceedings against third party injuring or killing guard personnel. — (a) The right to compensation and other benefits under G.S. 127-73 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 to pay damages therefor, such person hereinafter being referred to as the 'third party.' 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 third party and the damages recovered shall be as set forth in this section.

(b)        The guard member or personal representative if guard member be dead, shall have the exclusive right to proceed to enforce the liability of the third party by appropriate proceedings if such proceedings are instituted not later than 12 months after the date of injury or death, whichever is later, During said 12-month period, and at any time thereafter if summons is issued against the third party during said 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 injury or death, subject to the provisions of (h) below.

(c)        If settlement is not made and summons is not issued within said 12-month period, then all rights of the guard member, or personal representative if guard member be dead, against the third party shall pass by operation of the period fixed by the statute of limitations applicable to such rights and if the State shall not have settled with or instituted proceedings against the third party within such 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 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. 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 refuse 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 injury or death shall not be admissible in evidence in any proceeding against the third party. If the third party defending such 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 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 issue shall be the last of the issues submitted to the jury.

If the verdict shall be 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 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 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. 127-73.

d.         Fourth to the payment of any amount remaining to the guard member or personal representative.

(2)        The attorney fee paid under (f)(1) 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. hereof and shall be deducted from such 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) hereof upon any payment made by the third party by reason of such injury or death, whether paid in settlement, in satisfaction of judgment, as consideration for covenant not to sue, or otherwise and such lien may be enforced against any person receiving such 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 under this Chapter less attorney's fees as provided by (f)(1) and (2) hereof 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 Militia.

"§ 127-76.  Leaves of absence for State officers and employees. — The Governor or his designee shall promulgate appropriate policy and regulations relating to leaves of absence for short periods of military training and for State military duty of all officers and employees of the State and its political subdivisions, including officers and employees of public educational facilities under the sponsorship of the State, without loss of pay, time or efficiency rating.

"§ 127-77.  Contributing members. — Each organization of the 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 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.

"§ 127-78.  Organizations may own property, actions. — Organizations of the 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, action for such recovery to be brought in the name of the commanding officer thereof before any court of justice within the State having jurisdiction; and no suit or complaint pending in his name shall be abated by his ceasing to be commanding officer of the organization; but upon motion of the commander succeeding him such 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.

"§ 127-79.  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 national guard, State defense militia or naval militia, and his family are unable to support themselves during his absence, the board of commissioners of his county, on application, shall make towards their maintenance such allowance as may be deemed reasonable.

"Article 10.

"Care of Military Property.

"§ 127-80.  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 property to allow the same out of his custody, except as above specified.

"§ 127-81.  Other suitable storage facilities. — All public military property of every description which may not be distributed among the units of the national guard or State defense militia according to law shall be stored and kept at suitable storage facilities as determined by the Adjutant General.

"§ 127-82.  Property kept in good order. — Every officer and enlisted member belonging to any unit equipped with public military property shall keep and preserve such property in good order; and for neglect to do so may be punished as a court-martial may direct.

"§ 127-83.  Equipment and vehicles. — Equipment and vehicles issued by the Department of Defense to the 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/or the Governor. Necessary expense in maintaining such equipment and vehicles, not provided for by the federal government shall be a proper charge against State funds appropriated for the national guard: Provided, such expense shall be specifically authorized by the Governor and certified by the Adjutant General.

"§ 127-84.  Transfer of property. — All officers accountable or responsible for public funds, property, or books, before being relieved from the duty, shall turn over the same according to the regulations prescribed by the Governor.

"§ 127-85.  Replacement of lost or damaged property. — Whenever any military property issued to the 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 reasonable care, the money value of such property shall be charged to the responsible officer or enlisted member, and the pay of such 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 is discharged.

"§ 127-86.  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 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 shall be guilty of a misdemeanor and shall be punished as provided in G.S. 14-3.

(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 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 misdemeanor; and any person, firm or corporation making a false entry in such register shall be guilty of a misdemeanor.

"Article 11.

"Support of Militia.

"§ 127-87.  Requisition for federal funds. — The Governor shall make requisition upon the Secretary of the appropriate service for such State allotment from federal funds as may be appropriate for the support of the militia.

"§ 127-88.  Local appropriations. — 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 amounts of public funds from year to year as the governing body of such 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 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.

"§ 127-89.  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 Military and Veterans Affairs, 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 unless he has performed satisfactorily all duties required of him by law and regulations and has pursued such course of instruction as 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 Military and Veterans Affairs among the federally recognized units of the national guard and their headquarters, NCNG State Pistol Team, NCNG State Rifle Team, NCARNG Aviation Support Facility, and NCARNG Aviation Flight Activity for administrative and operating expenses, including heat, electricity, telephone, postage, office supplies and equipment, minor repairs and replacement of equipment, and such other expenses and special items of equipment not otherwise provided as may be authorized in accordance with national guard rules and regulations.

(d)        All payments are to be made by the duly appointed budget officer 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 training required by law and regulations is duly performed by all organizations named.

(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 manner and on such 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 organization will be sufficient cause to withhold all appropriations for such organizations.

"Article 12.

"General Provisions.

"§ 127-90.  Reports of officers. — All officers of the national guard, the State defense militia, and the naval militia shall make such returns and reports to the Governor, Secretary of Defense, or to such officers as they may designate at such times and in such form as may from time to time be prescribed.

"§ 127-91.  Officer to give notice of absence. — When any officer shall have occasion to be absent from his usual residence one week or more, he shall notify the officer next in command, and also his next superior officer in command, of his intended absence, and shall arrange for the officer next in command to handle and attend to all official communications.

"§ 127-92.  Orders, rules, regulations and Uniform Code of Military Justice applicable to militia when not in service of United States. — The national guard, State defense militia and naval militia, when not in the service of the United States, shall except as to punishments, be governed by the orders, rules and regulations of the Adjutant General, regulations promulgated by the secretary of the appropriate service of the armed forces of the United States, and the Uniform Code of Military Justice, as amended from time to time.

"§ 127-93.  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 camp ground, parade ground, armory, or other place devoted to such 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 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, camp ground, place of encampment, parade, or drill under his command, or within such limits not exceeding one mile therefrom as he may prescribe. And he may in his discretion abate as common nuisance all such sales.

"§ 127-94.  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 by the Constitution, they shall have such power of arrest as may be reasonably necessary to accomplish the purpose for which they have been called out.

"§ 127-95.  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 of the North Carolina National Guard or State defense militia are called upon to execute the laws, engage in disaster relief, suppress or prevent actual or threatened riot or insurrection, repel invasion, apprehend or disburse any sniper, rioters, mob or unlawful assembly, they shall have the immunities of a law enforcement officer.

(c)        Any civil claim against a member of the national guard or State defense militia allegedly arising from the action or inaction of such member of the 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.

"§ 127-96.  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 shall be guilty of a misdemeanor.

"§ 127-97.  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 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 shall be guilty of a misdemeanor.

"§ 127-98.  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 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 shall, upon conviction by a court-martial, be punished by a fine not exceeding fifty dollars ($50.00) or by imprisonment not exceeding 30 days, or by both fine and imprisonment, for each offense.

(d)        Persons not subject to courts-martial who violate the regulations referred to in (a) and (b) above may be charged and tried in the State courts and upon conviction shall be punished as provided in (c) above.

"§ 127-99.  Upkeep of properties. — There shall be paid from the appropriations from the national guard such amounts as may be necessary for the maintenance, upkeep, and improvement of State military properties and facilities. Provided, such expenditures shall be approved and authorized by the Governor.

"§ 127-100.  When officers authorized to administer oaths. — Officers of the national guard are authorized to administer oaths in all circumstances pertaining to any military matter whenever an oath is required.

"Article 13.

"Armories.

"§ 127-101.  Definitions. — As used in this Article, the following terms mean:

(1)        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: That land, meeting federal and State specifications, upon which an armory may be constructed.

(3)        Department: The North Carolina Department of Military and Veterans Affairs.

(4)        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: Any monies 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: Any incorporated city, town or village.

(7)        Unit: Any organizational entity of the militia.

"§ 127-102.  Authority to foster development of armories and facilities. — The Department of Military and Veterans Affairs is authorized and empowered to foster the development in North Carolina of adequate armories and other necessary facilities for the proper housing, instruction, training and administration of all units and facilities necessary" for the proper protection, care, maintenance, repair, issue and upkeep of public and military property issued to or for the use of any unit.

"§ 127-103.  Powers of Department specified. — The Department of Military and Veterans Affairs 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 such agency of the State of North Carolina, 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 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; for the construction and maintenance of armories and for providing facilities, which may at any time become available for such purposes;

(4)        To receive and administer any other funds which may be available in furtherance of any activity in which the Department of Military and Veterans Affairs 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.

"§ 127-104.  Power to acquire land, make contracts, etc. — In furtherance of the duties, power, and authority given herein, the Department of Military and Veterans Affairs is authorized and empowered within the limitations of G.S. 143-341 to accept and hold title to real property in the name of the State of North Carolina, and to enter in contracts and do any and all things necessary to carry out any statewide programs for the acquisition of armories and armory sites, the construction and maintenance of armories, and to provide facilities which may be considered by it as necessary for any unit and which may be authorized by act of Congress or otherwise.

"§ 127-105.  Counties and municipalities may lease, convey or acquire property for use as armory. — Every municipality and county of the State of North Carolina is hereby authorized and empowered to lease or convey by deed to the State of North Carolina:

(1)        Any existing armory and the land adjacent thereto;

(2)        Any real property suitable for the construction of an armory, warehouse or other facility; and

(3)        Any real property suitable for use in the administration, instruction and training of any unit.

Every municipality and county is further authorized and empowered to acquire any real property which may be suitable for use as an armory or for the construction of an armory thereon, or for any other purpose of a unit. The contracting of an indebtedness and the expenditure of public funds by any municipality or county to comply with the provisions of this Article are hereby declared to be a necessary expense and for a public purpose.

"§ 127-106.  Prior conveyances validated. — All conveyances of real property made before April 20, 1949, by any municipality or county of the State of North Carolina to the State of North Carolina for armory purposes are hereby validated and ratified in every respect.

"§ 127-107.  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 amounts and in such 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.

"§ 127-108.  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.

"§ 127-109. Unexpended portion of State appropriation. — The unexpended portion of any appropriation from the General 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 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.

"§ 127-110.  Purposes. — (a) Provide for mutual aid among the party states in the utilization of the national guard to cope with emergencies.

(b)        Permit and encourage a high degree of flexibility in the deployment of national guard forces in the interest of efficiency.

(c)        Maximize the effectiveness of the national guard in those situations which call for its utilization under this compact.

(d)        Provide protection for the rights of national guard personnel when serving in other states on emergency duty.

"§ 127-111.  Entry into force and withdrawal. — (a) This compact shall enter into force when enacted into law by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.

(b)        Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states.

"§ 127-112.  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 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 state as he may deem necessary, and the exercise of his discretion in this regard shall be conclusive.

(c)        The governor of a party state may withhold the national guard forces of his 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) 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.

"§ 127-113.  Delegation. — Nothing in this compact shall be construed to prevent the governor of a party state from delegating any of his 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.

"§ 127-114.  Limitations. — Nothing in this compact shall:

(1)        Expand or add to the functions of the national guard, except with respect to the jurisdictions within 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.

"§ 127-115.  Construction and severability. — This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

"§ 127-116.  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. 127- 112(f) of this compact shall be paid out of the General Fund.

"§ 127-117.  Status, rights and benefits of forces engaged pursuant to compact. — In accordance with G.S. 127- 112(h) of this compact, 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.

"§ 127-118.  Injury or death while going to or returning from duty. — All benefits to be paid under G.S. 127- 112(h) of the foregoing compact shall include any injury or death sustained while going to or returning from such duty.

"§ 127-119.  Authority of responding state required to relieve from assignment or reassign officers. — Nothing in the foregoing 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."

Sec. 3.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1975.