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144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA1CLASSIFICATION OF MILITIA§ 44-1Composition of militia.<p>The militia of the Commonwealth of Virginia shall consist of all able-bodied residents of the Commonwealth who are citizens of the United States and all other able-bodied persons resident in the Commonwealth who have declared their intention to become citizens of the United States, who are at least 16 years of age and, except as hereinafter provided, not more than 55 years of age. The militia shall be divided into three classes: the National Guard, which includes the Army National Guard and the Air National Guard; the Virginia Defense Force; and the unorganized militia.</p><p>1930, p. 948; 1942, p. 642; Michie Code 1942, § 2673(1); 1944, p. 24; 1958, c. 393; 1970, c. 662; 1973, c. 401; 1976, c. 399; 1979, c. 647; 1984, c. 765; 1989, c. 414; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA1CLASSIFICATION OF MILITIA§ 44-2Composition of National Guard.<p>A. The National Guard shall consist of the regularly enlisted militia and of commissioned and warrant officers, who shall be residents of the Commonwealth of Virginia and shall fall within the age limits and qualifications as prescribed in existing or subsequently amended National Guard regulations (army and air), organized, armed and equipped as hereinafter provided. Upon original enlistment members of the National Guard shall not be less than 17 nor more than 55 years of age, or, in subsequent enlistments not more than 64 years of age.</p><p>B. Notwithstanding the above, persons otherwise qualified but residing outside the Commonwealth of Virginia, may enlist or serve as commissioned or warrant officers in the National Guard.</p><p>1930, p. 948; Michie Code 1942, § 2673(2); 1958, c. 393; 1976, c. 399; 1979, c. 647; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA1CLASSIFICATION OF MILITIA§ 44-2.1Repealed.<p>Repealed by Acts 1989, c. 414.</p>
444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA1CLASSIFICATION OF MILITIA§ 44-3Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA1CLASSIFICATION OF MILITIA§ 44-4Composition of unorganized militia.<p>The unorganized militia shall consist of all able-bodied persons as set out in § <a href='http://law.lis.virginia.gov/vacode/44-1/'>44-1</a>, except such as may be included in §§ <a href='http://law.lis.virginia.gov/vacode/44-2/'>44-2</a> and <a href='http://law.lis.virginia.gov/vacode/44-54.6/'>44-54.6</a> and except such as may be exempted as hereinafter provided.</p><p>1930, p. 949; Michie Code 1942, § 2673(4); 1970, c. 662; 1973, c. 401; 1984, c. 765; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA1CLASSIFICATION OF MILITIA§ 44-5Exemptions from militia duty.<p>In addition to those exempted by the laws of the United States, the following persons shall be exempt from military duty under a state call:</p><p>1. The officers, judicial and executive, of the governments of the United States and the Commonwealth of Virginia;</p><p>2. The members of the General Assembly of the Commonwealth of Virginia and of the Congress of the United States;</p><p>3. Persons in the active military or naval services of the United States;</p><p>4. Persons employed by the United States in the transmission of the mail;</p><p>5. The judges and clerks of courts of record;</p><p>6. The mayor and councilmen of incorporated cities and towns;</p><p>7. Members of the governing bodies of counties;</p><p>8. Sheriffs, United States district attorneys, attorneys for the Commonwealth and city attorneys;</p><p>9. Marine pilots;</p><p>10. All persons who because of religious belief shall claim exemption from military service, if the conscientious holding of such belief by such person shall be established under such regulations as the President of the United States shall prescribe, shall be exempted from militia service in any capacity that the President shall declare to be combatant; and</p><p>11. Such other persons as may be designated by the Governor in the best interests of the public and of the Commonwealth.</p><p>1930, p. 949; Michie Code 1942, § 2673(5); 1958, c. 393; 1976, c. 399; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA1CLASSIFICATION OF MILITIA§ 44-6Maintenance of other troops.<p>In time of peace the Commonwealth shall maintain only such troops as may be authorized by the President of the United States; but nothing in this chapter shall be construed as limiting the rights of the Commonwealth in the use of the Virginia National Guard or Virginia Defense Force within or without its borders in time of peace and nothing contained in this chapter shall prevent the organization and maintenance of State Police or constabulary.</p><p>1930, p. 949; Michie Code 1942, § 2673(6); 1958, c. 393; 1984, c. 765; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA1CLASSIFICATION OF MILITIA§ 44-7Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-8Governor as Commander in Chief.<p>The Governor shall be Commander in Chief of the armed forces of the Commonwealth, and shall have power to employ such forces to repel invasion, suppress insurrection, and enforce the execution of the laws.</p><p>1930, p. 950; Michie Code 1942, § 2673(8); R. P. 1948, § 44-8; 1958, c. 393; 1964, c. 227.</p>
1044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-9Commander in Chief to prescribe regulations.<p>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 organization of the armed forces of the Commonwealth as will cause the same at all times to conform to the federal requirements of the United States government relating thereto.</p><p>1930, p. 950; Michie Code 1942, § 2673(9); R. P. 1948, § 44-9; 1958, c. 393.</p>
1144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-9.1Censorship of certain sermons prohibited.<p>Notwithstanding any contrary provisions of law, the religious content of sermons, homilies, preaching, religious messages, or other speeches within religious services made by chaplains of the Virginia National Guard while in Title 32 or State Active Duty status or of the Virginia Defense Force shall not be censored or restricted by any state government official or agency, so long as (i) the religious content offered is not in any way a precursor of, introduction to, or part of any official ceremony, gathering, or formation that is not part of the religious service; (ii) the content does not urge disobedience of lawful orders; and (iii) members of the National Guard or Defense Force are not required to attend the service or event where such content is delivered.</p><p>2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0283'>283</a>.</p>
1244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-10Divisions of military staff.<p>The military staff shall be divided into (a) the personal staff of the Governor and (b) the administrative staff.</p><p>The personal staff of the Governor shall be constituted as now prescribed by law.</p><p>The administrative staff shall be as is authorized by the Secretary of Defense of the United States and shall perform such duties as the commander in chief may direct.</p><p>1930, p. 950; Michie Code 1942, § 2673(10); R. P. 1948, § 44-10; 1958, c. 393.</p>
1344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-11Department of Military Affairs; Adjutant General.<p>There is hereby created the Department of Military Affairs to which is transferred all of the functions, powers and duties of the former Division of Military Affairs.</p><p>The Governor shall appoint an Adjutant General with the rank of brigadier general, major general or lieutenant general as the Governor may prescribe, subject to confirmation by the General Assembly if in session, and if not in session, then at its next succeeding session. The Adjutant General shall not hold the rank of lieutenant general unless such rank is federally recognized. The Adjutant General shall be in direct charge of the Department of Military Affairs and shall be responsible to the Governor and commander in chief for the proper performance of his duties. All the powers conferred and the duties imposed by law upon the Adjutant General shall be exercised or performed by him under the direction and control of the Governor. The Adjutant General shall serve at the pleasure of the Governor for a term coincident with that of the Governor. No person shall be appointed Adjutant General who shall not have had at least ten years' commissioned service in the Virginia National Guard in at least field grade. The Adjutant General, while serving as such, may be a member of the Virginia National Guard.</p><p>The Adjutant General shall receive a salary prescribed by law.</p><p>1927, p. 106; 1930, p. 951; Michie Code 1942, §§ 585(62), 2673(12); 1948, p. 48; R. P. 1948, § 44-11; 1964, c. 227.</p>
1444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-11.1Duties of the Department of Military Affairs.<p>A. The Department of Military Affairs shall support the objectives of the Governor and federal authorities by:</p><p>1. Administering and employing the Virginia Militia, as set forth in § <a href='http://law.lis.virginia.gov/vacode/44-1/'>44-1</a>;</p><p>2. Integrating into state operations all supporting Department of Defense capabilities and those forces provided by supporting states in a Title 32 or State Active Duty status;</p><p>3. Providing for the safety of citizens of the Commonwealth by maintaining order and public safety and assisting in counter-drug efforts, in cooperation with Virginia State Police and local law-enforcement agencies;</p><p>4. Preparing and executing contingency plans to provide for a timely and capable response to chemical, biological, radiological, nuclear, or explosive incidents;</p><p>5. Preparing and executing contingency plans necessary for the provision of homeland defense;</p><p>6. Ensuring the support to families of service members of the Virginia National Guard;</p><p>7. Administering a state at-risk program for youth; and</p><p>8. Recruiting a force sufficiently manned and trained to accomplish the above duties.</p><p>B. The Department of Military Affairs shall perform such other duties as may be designated by the Governor.</p><p>2007, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0127'>127</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0728'>728</a>.</p>
1544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-12Repealed.<p>Repealed by Acts 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0012'>12</a>.</p>
1644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-13Powers of Adjutant General.<p>As head of the Department of Military Affairs, the Adjutant General shall have command of all of the militia of the Commonwealth, subject to the orders of the Governor as Commander in Chief, and shall distribute all orders from the Governor pertaining to the military service and shall perform all duties imposed upon him or that Department by this title in the manner prescribed by law.</p><p>1927, p. 106; 1930, p. 951; Michie Code 1942, §§ 585(62), 2673(13); R. P. 1948, § 44-13; 1958, c. 393; 1989, c. 414.</p>
1744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-13.1Virginia National Guard Morale, Welfare, and Recreation Program established.<p>The Adjutant General is authorized to establish a Virginia National Guard Morale, Welfare, and Recreation Program (the MWR Program) to provide leisure, recreation, and lodging opportunities for Virginia National Guard members and their families, Virginia Defense Force members and their families, employees of the Department of Military Affairs and their families, and other users of Department facilities as authorized by the Adjutant General.</p><p>2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0622'>622</a>.</p>
1844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-13.2Administration of the MWR Program.<p>The Adjutant General may authorize the MWR Program to (i) contract for goods and services; (ii) hire employees; and (iii) receive funds from patrons in exchange for goods or services provided within the MWR Program. The Adjutant General is authorized to establish MWR Program facilities throughout the Commonwealth that, in the Adjutant General's judgment, are necessary for military purposes. The Adjutant General shall promulgate regulations to govern the operation of the MWR Program. The Adjutant General may appoint a director for the MWR Program. The Adjutant General shall establish a system of bookkeeping, accounting, and auditing procedures for the proper handling of funds derived from the MWR Program's operations.</p><p>2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0622'>622</a>.</p>
1944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-13.4Risk management.<p>The MWR Program shall be eligible to participate in the state risk management pool. The MWR Program shall procure separate insurance policies to cover liability associated with activities and operations not otherwise covered in the state risk management pool or by the Division of Risk Management.</p><p>2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0622'>622</a>.</p>
2044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-14Expenditures for Department.<p>All payments and disbursements payable out of the appropriation to the Department of Military Affairs shall be made by the State Treasurer upon warrants of the Comptroller issued upon vouchers signed by the Adjutant General or such person as the Adjutant General may designate for such purpose. Expenditures not specifically provided for but manifestly for the benefit of the military service may be made by the Adjutant General with the written approval of the Governor.</p><p>1930, p. 950; Michie Code 1942, § 2673(11); 1944, p. 24; R. P. 1948, § 44-13; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0012'>12</a>.</p>
2144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-15Reports to Secretary of Defense.<p>The Adjutant General shall make such returns and reports to the Secretary of Defense, or to such officers as he may designate, at such times and in such form as may from time to time be prescribed.</p><p>1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-14; 1958, c. 393.</p>
2244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-16Records of Adjutant General.<p>The Adjutant General shall keep a record of all officers and enlisted personnel, and shall also keep all records and papers required by law or regulations to be filed therein.</p><p>1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-15; 1970, c. 662; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
2344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-17Regulations as to reports and care of property.<p>The Adjutant General is empowered to make such regulations pertaining to the preparation and rendering of reports and returns and to the care and preservation of public property as in his opinion the conditions demand, such regulations to be operative and in force when promulgated in the form of general orders, circulars, circular letters, or other regulations and documents.</p><p>1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-17; 1964, c. 227.</p>
2444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-18Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
2544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-19Adjutant General to have charge of military property.<p>The Adjutant General shall have charge and care of all state military property and all United States military property issued to the Commonwealth of Virginia, and shall cause to be kept an accurate and careful account of all receipts and issues of the same. He shall require to be kept careful memoranda of all public military property on hand in the state arsenal or storehouses, and in the possession of the several organizations of the Virginia National Guard or issued to the Virginia Defense Force, and shall guard such property against injury and loss to the extent of his ability. He shall require every accountable and responsible officer of the National Guard to account for every deficiency in public military property in his possession immediately after such deficiency is discovered. The Adjutant General shall have the care and control of the state military reservation near Virginia Beach, and of such other real estate as the Commonwealth may acquire for military purposes, and it shall be the duty of the Adjutant General to provide for the proper care of such property and buildings thereon. For the maintenance, upkeep and improvement of the military reservation or reservations, the Adjutant General may expend from the appropriation to the Department of Military Affairs such amounts as may be necessary.</p><p>1930, pp. 950, 952; Michie Code 1942, §§ 2673(11), 2673(13); 1944, p. 24; R. P. 1948, § 44-19; 1958, c. 393; 1989, c. 414; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
2644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-20Deputy Adjutant General (Army and Air) and Assistant Adjutant General (Army); assistants and clerical forces of Adjutant General.<p>The Adjutant General shall have a Deputy Adjutant General (Air), a Deputy Adjutant General (Army) and an Assistant Adjutant General (Army) whose grades shall not exceed that of brigadier general and he shall have other assistants and such clerical forces as may be necessary who shall serve at the pleasure of the Adjutant General, subject to the provisions of general law, and shall perform such duties as he may assign them. The Adjutant General shall have such other clerks and employees as may be necessary for the administration of his office.</p><p>1930, p. 952; Michie Code 1942, § 2673(13); R.P. 1948, § 44-20; 1964, c. 227; 1979, c. 504; 1983, c. 74.</p>
2744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2General Administrative Officers§ 44-21Bonds of Adjutant General and fiscal clerks.<p>The Adjutant General and his fiscal clerks shall be bonded in accordance with § <a href='/vacode/2.2-1840/'>2.2-1840</a>.</p><p>1930, p. 952; Michie Code 1942, § 2673(13); R. P. 1948, § 44-21; 1964, c. 227; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2021, Sp. Sess. I, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0152'>152</a>.</p>
2844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-22Auditing accounts of Adjutant General.<p>The office and accounts of the Adjutant General pertaining to the Commonwealth of Virginia shall be audited by the direction of the Governor in the same manner as the office and accounts of other state officers are audited, as provided by law.</p><p>1930, p. 952; Michie Code 1942, § 2673(13); R. P. 1948, § 44-22.</p>
2944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-23Repealed.<p>Repealed by Acts 1984, c. 734.</p>
3044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-24United States Property and Fiscal Officer.<p>The Governor shall appoint, designate or detail, subject to the approval of the Secretary of Defense, an officer of the National Guard of the Commonwealth to serve as a United States Property and Fiscal Officer. Any officer of the National Guard who has been so appointed and is serving as United States Property and Fiscal Officer, may be removed for just cause by the Governor with the approval of the Secretary of Defense. The Adjutant General is hereby declared ineligible to serve as United States Property and Fiscal Officer. The duties and remuneration of said United States Property and Fiscal Officer shall be such as are prescribed by existing or subsequently amended regulations of the armed forces of the United States.</p><p>1930, p. 952; Michie Code 1942, § 2673(14); R. P. 1948, § 44-24; 1958, c. 393.</p>
3144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA2GENERAL ADMINISTRATIVE OFFICERS§ 44-24.1Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
3244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-25Organization; composition of units.<p>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 prescribed for the active army, air force and navy, subject in time of peace to such general exceptions as may be authorized by the Secretary of Defense.</p><p>1930, p. 952; Michie Code 1942, § 2673(15); 1958, c. 393; 1964, c. 227.</p>
3344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-26Location of units and headquarters.<p>The Governor shall determine and fix the location of the units and headquarters of the National Guard within the Commonwealth.</p><p>1930, p. 953; Michie Code 1942, § 2673(16); 1958, c. 393.</p>
3444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-27Appointment and promotion of officers.<p>All officers of the National Guard shall be appointed and commissioned by the Governor, through the Adjutant General.</p><p>Within the organization, insofar as practicable, all appointments and promotions shall be based on professional qualifications, efficiency, length of service in grade, length of commissioned service, and demonstrated command and staff ability at the appropriate level, and will be effected only when an appropriate vacancy exists in the applicable table of organization and equipment or table of organization or distribution.</p><p>1930, p. 953; Michie Code 1942, § 2673(17); 1958, c. 393; 1964, c. 227; 1970, c. 662; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
3544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-28Qualifications of commanding or staff officers.<p>No person shall be appointed a commanding or staff officer unless such person shall have had federally recognized commissioned military service, nor shall any officer be appointed who fails to qualify as to fitness for military service under such regulations as the Secretary of Defense shall prescribe. Such officers may hold their positions until they have reached the age or length of service as prescribed in existing or subsequently amended National Guard regulations, unless separated from the service prior to that time by reason of resignation, disability, withdrawal or termination of federal recognition or commission, or upon finding of a legally convened court-martial.</p><p>1930, p. 953; Michie Code 1942, § 2673(18); 1958, c. 393; 1970, c. 662.</p>
3644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-29Qualifications of National Guard officers.<p>The qualifications of National Guard officers shall be as prescribed in current and subsequently amended National Guard regulations.</p><p>1930, p. 953; Michie Code 1942, § 2673(19); 1958, c. 393.</p>
3744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-30Tests as to fitness for officers; examining board.<p>No person shall hereafter be appointed an officer of the National Guard unless such person first shall have successfully passed such tests as to physical, moral, and professional fitness as the President shall prescribe. The examination to determine such qualifications for commission shall be conducted by a board of three commissioned officers appointed by the Secretary of Defense from the active army or the National Guard, or both.</p><p>1930, p. 954; Michie Code 1942, § 2673(20); 1958, c. 393; 1964, c. 227; 1970, c. 662.</p>
3844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-31Relative rank of officers.<p>Relative rank among officers of the same grade shall be determined according to current and subsequently amended Department of Defense and National Guard regulations.</p><p>1930, p. 954; Michie Code 1942, § 2673(21); 1964, c. 227.</p>
3944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-32.1Administration of oaths of office and enlistment.<p>Any duly commissioned officer or warrant officer of the Virginia National Guard or any commissioned officer of any of the armed services of the United States may administer the oaths of office and enlistment to prospective officers and enlisted personnel desirous of becoming members of the Virginia National Guard and the National Guard of the United States. Any duly commissioned officer of the Virginia Defense Force, when called into service by the Governor, may administer oaths to prospective officers and enlisted personnel desirous of becoming members of the Virginia Defense Force.</p><p>1947, p. 143; Michie Suppl. 1948, § 2673(22a); 1958, c. 393; 1979, c. 647; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
4044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-33Elimination and disposition of officers.<p>At any time the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board of three commissioned officers senior in rank to the officer whose fitness for service shall be under investigation, said board to be appointed by the Adjutant General and convened on his order. If the findings of such board be unfavorable to such officer and be approved by the Adjutant General, such officer shall be discharged. Commissions of officers of the National Guard may be vacated upon resignation, if approved by the Adjutant General, absence without leave for three months, upon the recommendation of an efficiency board, pursuant to sentence of a court-martial, upon physical disqualification, when convicted of a felony in a civil court, when appointed or inducted into the armed forces of the United States, when federal recognition is withdrawn from such officer or from the unit to which assigned, upon reaching maximum age limitation, and when it has been determined that an officer is subversive or disloyal. Officers of the Virginia National Guard rendered surplus by the disbandment of their organization shall be placed in another unit, providing an appropriate vacancy exists, otherwise such officers shall be separated from the Virginia National Guard and automatically revert to the reserve.</p><p>1930, p. 954; Michie Code 1942, § 2673(23); 1958, c. 393; 1964, c. 227; 1970, c. 662.</p>
4144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-34Repealed.<p>Repealed by Acts 1958, c. 393.</p>
4244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-35Enlistments in National Guard.<p>Enlistments in the National Guard shall be as prescribed in existing or subsequently amended National Guard regulations.</p><p>1930, p. 954; Michie Code 1942, § 2673(25); 1958, c. 393.</p>
4344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-36Enlistment contract and oath.<p>Enlisted persons shall not be recognized as members of the National Guard until they shall have signed an enlistment contract and taken and subscribed to the oath of enlistment prescribed by present or subsequently amended National Guard regulations; or such oath of enlistment as shall be prescribed by the Governor of Virginia for members of the Virginia Defense Force.</p><p>1930, p. 955; Michie Code 1942, § 2673(26); 1958, c. 393; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
4444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-37Discharge of enlisted persons.<p>An enlisted person discharged from service in the Virginia National Guard shall receive a discharge in writing. The form and classification of such discharge shall be as prescribed by existing or subsequently amended National Guard regulations.</p><p>1930, p. 955; Michie Code 1942, § 2673(27); 1958, c. 393.</p>
4544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-38Membership continued in National Guard after termination of federal service.<p>When inducted into the active military service of the United States and thereafter discharged or separated from the armed forces, all persons so inducted and thereafter discharged or separated shall resume their membership in the Virginia National Guard and shall continue to serve therein as though their service had not been so interrupted.</p><p>1930, p. 955; Michie Code 1942, § 2673(28); 1958, c. 393.</p>
4644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-39Uniforms, arms and equipment.<p>The National Guard shall, as far as practicable, be uniformed, armed, and equipped with the same type of uniform, arms, and equipment as are or shall be provided for the armed forces of the United States.</p><p>1930, p. 955; Michie Code 1942, § 2673(29); 1958, c. 393.</p>
4744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-39.1Possession of handguns by members at National Guard facilities.<p>To the extent permitted by federal law and by the terms of any contract between the Virginia National Guard and a privately owned facility, any member of the Virginia National Guard who possesses a valid concealed handgun permit issued pursuant to Article 6.1 (§ <a href='http://law.lis.virginia.gov/vacode/18.2-307.1/'>18.2-307.1</a> et seq.) of Chapter 7 of Title 18.2 shall be permitted to possess a concealed handgun owned by such member at all facilities of the Virginia National Guard and at all privately owned facilities under contract with the Virginia National Guard. Nothing herein precludes the commanding officer of any member from prohibiting such member from possessing a concealed handgun while such member is participating in any training or other exercises where the commanding officer determines that (i) such possession would interfere with the conduct of such training or other exercises, (ii) such possession may result in mission impairment, or (iii) the member is unfit to carry a handgun.</p><p>2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0740'>740</a>.</p>
4844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-40Discipline and training.<p>The discipline and training of the Virginia National Guard shall conform to that of the Armed Forces of the United States, and to that end, the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice as now existing or subsequently amended, is hereby incorporated as a part of the military laws of Virginia except where in conflict with other provisions of this chapter. Officers and soldiers of the National Guard shall have such powers in the performance of their duty under this title as officers and soldiers of the active armed services have in the performance of like duty under the Uniform Code of Military Justice and Manual for Courts-Martial, United States. However, should a person commit an offense punishable under the criminal laws of Virginia, then prosecution under the criminal laws shall bar prosecution under this chapter. The Adjutant General shall by regulation adapt to state usage the provisions and terminology of the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice.</p><p>1930, p. 955; Michie Code 1942, § 2673(30); 1958, c. 393; 1976, c. 399; 1984, c. 7; 1987, c. 32.</p>
4944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-40.01Nonjudicial disciplinary proceedings.<p>Service members of the Virginia National Guard, not in federal service, are subject to nonjudicial punishment pursuant to Part V of the Manual for Courts-Martial, United States. A commander's authority to impose nonjudicial punishment shall not include the authority to impose correctional custody, arrest in quarters, restriction, or extra duties. Reduction in rank shall not be imposed if the service member has more than 10 years of military service and is in the rank of E-5 or above. When nonjudicial punishment is to be imposed by a commanding officer of the rank of major or above, a service member shall not be allowed to demand trial by court-martial in lieu of nonjudicial punishment. Service members shall retain all appeal rights available under the Manual for Courts-Martial, and the appeal shall include a review for abuse of discretion and legal sufficiency of the evidence.</p><p>2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0194'>194</a>.</p>
5044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-40.1Persons subject to the Virginia military laws.<p>All members of the Virginia National Guard are subject to the military laws of Virginia when under orders to be present for duty under Title 32 of the United States Code or while in a state active duty status.</p><p>1976, c. 399; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
5144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-40.2Administration of oaths and taking of sworn statements by commissioned officers.<p>In addition to those powers set forth in § <a href='http://law.lis.virginia.gov/vacode/44-40/'>44-40</a>, commissioned officers in the Virginia National Guard may administer oaths and take sworn statements in connection with any investigation required by law or regulation pertaining to the Virginia National Guard in the performance of their duties.</p><p>1987, c. 32.</p>
5244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-41Armory drills, inactive training, annual active duty training, etc.<p>Training, including inactive training, armory drills, annual active duty for training, active duty training and other exercises, shall be conducted in accordance with existing or subsequently amended National Guard regulations.</p><p>1930, p. 955; Michie Code 1942, § 2673(31); 1958, c. 393; 1964, c. 227.</p>
5344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-41.1Failure to report; etc.<p>If any person, being an active member of the Virginia National Guard, in violation of valid orders, fails to initially report to his appointed place of duty at the appointed time of duty under Title 32 of the United States Code or for state active duty, or having initially reported absents himself without leave, he shall be guilty of a Class 4 misdemeanor. A warrant for such offense may be sworn by any officer of the unit to which the soldier or airman who failed to report, or absented himself, is assigned. Any such warrant shall be withdrawn upon the written request of the soldier or airman's commanding officer.</p><p>1977, c. 315; 1978, c. 342; 1983, c. 65; 1984, c. 206; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0072'>72</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0108'>108</a>.</p>
5444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA3NATIONAL GUARD IN GENERAL§ 44-41.2Sharing of information with Virginia Employment Commission upon separation.<p>The Adjutant General shall, in consultation with the Commissioner of the Virginia Employment Commission, establish a program under which the Department of Military Affairs shall, upon request of a member of the Virginia National Guard, provide information on the member to the Virginia Employment Commission, including (i) the individual's name; (ii) the date, or anticipated date, of the individual's discharge, separation, or release from the Virginia National Guard; (iii) the characterization, or anticipated characterization, of the individual's discharge from the Virginia National Guard; (iv) the individual's level of education; (v) contact information for the individual; (vi) the individual's military job classification and list of military training and certifications; (vii) the individual's civilian skills, training, and certification, as self-selected by the individual; and (viii) the industry, employment sector, profession, or other career classification, as self-identified by the individual, in which the individual will seek employment.</p><p>Nothing in this section shall be construed to limit the collection and maintenance of information for records required to be kept by the Virginia Employment Commission pursuant to <a href='http://law.lis.virginia.gov/admincode/title16/agency5/chapter32/section10/'>16VAC5-32-10</a> or pursuant to any other regulation adopted in accordance with § <a href='http://law.lis.virginia.gov/vacode/60.2-111/'>60.2-111</a>.</p><p>2014, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0042'>42</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0302'>302</a>.</p>
5544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-42Kinds of courts-martial; how constituted and powers.<p>In the National Guard not in federal service, there shall be special and summary courts-martial, constituted like similar courts of the army and the air force. They shall have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures provided for such courts as are enumerated in the Manual for Courts-Martial United States.</p><p>1930, p. 956; Michie Code 1942, § 2673(32); 1976, c. 399; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
5644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-43Repealed.<p>Repealed by Acts 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a> and <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>, cl. 2.</p>
5744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-44Special courts-martial.<p>A. In the National Guard for servicemembers on orders for duty under Title 32 of the United States Code or state active duty, the first commanding officer in the rank of colonel or above may convene special courts-martial.</p><p>B. A special court-martial may not try a commissioned officer.</p><p>C. A special court-martial shall have the authority to impose any of the following fines and penalties:</p><p>1. A fine of not more than $1,000;</p><p>2. Forfeiture of two-thirds pay per month for six months;</p><p>3. A reprimand;</p><p>4. Bad Conduct discharge;</p><p>5. Restriction to limits;</p><p>6. Imposition of extra duty;</p><p>7. Confinement for not more than three months;</p><p>8. Reduction of enlisted persons one or more pay grades; or</p><p>9. Any combination of these punishments.</p><p>1930, p. 956; Michie Code 1942, § 2673(34); 1958, c. 393; 1964, c. 227; 1976, c. 399; 1977, c. 74; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
5844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-45Summary courts-martial.<p>A. In the National Guard for servicemembers on orders for duty under Title 32 of the United States Code or active state duty, the first commanding officer in the rank of lieutenant colonel or above may convene a summary court-martial, consisting of one commissioned officer. Proceedings conducted under the provisions of this section shall be informal.</p><p>B. A summary court-martial shall have the authority to impose fines of not more than $500, to impose forfeitures of two-thirds pay for one month, to restrict to limits, to impose extra duty, to require confinement for not more than seven days, and to reduce enlisted persons one or more pay grades.</p><p>1930, p. 956; Michie Code 1942, § 2673(35); 1958, c. 393; 1964, c. 227; 1976, c. 399; 1977, c. 74; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
5944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-46Repealed.<p>Repealed by Acts 1977, c. 74.</p>
6044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-46.1Military judges.<p>A military judge shall be a commissioned officer of the National Guard, shall be so assigned as a legal officer, shall be admitted to the practice of law, and shall be certified for such duty by the Adjutant General.</p><p>The Adjutant General shall designate a military judge on a case-by-case basis to preside over courts-martial of the Virginia National Guard.</p><p>1976, c. 399; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
6144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-47Process and procedure.<p>In the Virginia National Guard military judges whenever they sit on a military court, and otherwise 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 and papers, and to sentence for a refusal to be sworn or to answer as provided in actions before civil courts. They shall also have power to punish for contempt occurring in the presence of the court.</p><p>1930, p. 957; Michie Code 1942, § 2673(37); 1976, c. 399; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
6244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-48Review of judgments of courts-martial; procedure.<p>Judgments of special and summary courts-martial shall be subject to review by the Adjutant General only, except that sentences of Bad Conduct discharge shall also be subject to review by the Governor; and such judgments may be affirmed, set aside or modified; provided, however, no higher or greater sentence, punishment, penalty, fine or forfeiture than that imposed by the court-martial shall be approved; otherwise trials and proceedings, including nonjudicial punishment, pretrial proceedings, post-trial proceedings, search and seizure proceedings and proceedings by all courts and boards, including review proceedings, shall be in accordance with the Manual for Courts-Martial United States, as now existing or subsequently amended, procedure for courts of inquiry, and retiring boards, and other procedures under military law, as may from time to time be prescribed by the appropriate secretary of the respective services.</p><p>1930, p. 957; Michie Code 1942, § 2673(38); 1964, c. 227; 1976, c. 399; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
6344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-49Where sentences executed.<p>All sentences to confinement imposed by any military court of this Commonwealth shall be executed in such penal institutions of the Commonwealth as may be appropriate for similar terms of confinement sentenced for violations of criminal laws of the Commonwealth.</p><p>1930, p. 957; Michie Code 1942, § 2673(39); 1958, c. 393; 1964, c. 227; 1976, c. 399.</p>
6444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-50How process and sentence executed.<p>All processes and sentences of any of the military courts of this Commonwealth shall be executed by any sheriff, deputy sheriff, sergeant, 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 or city in the Commonwealth to another, when the same is authorized and directed by the Adjutant General of the Commonwealth, shall be paid from the military fund of the Commonwealth upon a warrant approved by the Adjutant General.</p><p>1930, p. 957; Michie Code 1942, § 2673(40); 1958, c. 393; 1976, c. 399.</p>
6544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-51Certificates.<p>Where any sentence to fine or imprisonment shall be imposed by any military court of this Commonwealth, it shall be the duty of the military judge whenever one sits on such court, and otherwise the president of the 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, sergeant or police officer of the county, city or town wherein the sentence is to be executed; and it shall thereupon be the duty of such officer to carry such sentence into execution in the manner prescribed by law for the collection of fines or commitments to service of terms of imprisonment in criminal cases determined in the courts of this Commonwealth.</p><p>1930, p. 957; Michie Code 1942, § 2673(41); 1958, c. 393; 1976, c. 399.</p>
6644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-52Repealed.<p>Repealed by Acts 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a> and <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>, cl. 2.</p>
6744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-53Collection of fines.<p>For the purpose of collecting any fines or penalties imposed by a court-martial, the military judge whenever one sits on such court, and otherwise the president of the court, or the summary court officer, shall, within fifteen days after the fines or penalties have been imposed and approved, make a list of all the persons fined, describing them distinctly, and showing the sums imposed as fines or penalties on each person, and shall draw his warrant, under his official signature, directed to any marshal of the court, or to the sheriff, sergeant, or any policeman of any city or county, as the case may be, thereby commanding him to levy such fines or penalties, together with the costs, on the goods and chattels of such delinquent, and the warrant shall thereupon have the force and effect of fieri facias, but such delinquent shall not be entitled to the benefit of any exemption law of this Commonwealth, as against such warrant and the lien thereof. In default of sufficient personal property to satisfy the same, the officer executing the same shall make report accordingly to the drawing authority of the warrant which may then require the fined person to show whether or not he possesses sufficient property to satisfy the fine and if such property is found to exist and the fined person fails to deliver it over the executing officer shall be ordered to take the body of the delinquent and convey him to the jail of the city or county in which he may be found, whose jailer shall closely confine him without bail until the fine or penalty and jailer's fees be paid. No such imprisonment shall extend beyond the period of ten days.</p><p>1930, p. 958; Michie Code 1942, § 2673(44); 1976, c. 399; 1977, c. 74.</p>
6844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4NATIONAL GUARD COURTS-MARTIAL§ 44-54Disposition of fines.<p>All fines imposed by courts-martial or other military courts, whether collected by such courts or by the civil authorities, shall be turned over by the courts or by the civil officer collecting the same to the Adjutant General, who shall keep an accurate account of the same. The Adjutant General, after deducting the costs of holding the courts and the collection of the fines, shall annually turn the balance in to the treasury of the Commonwealth, to be placed to the credit of the Literary Fund.</p><p>1930, p. 958; Michie Code 1942, § 2673(43); 1958, c. 393.</p>
6944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4.1NATIONAL GUARD MUTUAL ASSISTANCE COMPACT§ 44-54.2Payment of liability of State pursuant to Article III (f) of compact.<p>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 Article III (f) of the compact shall be paid out of funds appropriated to the Department of Military Affairs.</p><p>1968, c. 36; 1980, c. 221.</p>
7044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4.1NATIONAL GUARD MUTUAL ASSISTANCE COMPACT§ 44-54.3Members of National Guard deemed to be in state service when engaged pursuant to compact.<p>In accordance with Article III (h) of the compact, members of the National Guard forces of this Commonwealth 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 this title as amended.</p><p>1968, c. 36.</p>
7144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4.2VIRGINIA DEFENSE FORCE§ 44-54.5Composition of units.<p>The organization and composition of units and force structure shall be as prescribed by the Adjutant General.</p><p>1989, c. 414.</p>
7244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4.2Virginia Defense Force§ 44-54.6Members, appointment and enlistment.<p>The age limitations of § <a href='/vacode/44-1/'>44-1</a> to the contrary notwithstanding, the Virginia Defense Force shall consist of:</p><p>1. Such volunteers who of their own volition agree to service in conformity with regulations prescribed by the Adjutant General who are (i) residents of the Commonwealth or any contiguous state, (ii) at least 16, provided that any volunteer under the age of 18 shall have the written consent of at least one parent or guardian, and (iii) less than 65 years of age may join the Virginia Defense Force, except that the Adjutant General may, on a case-by-case basis, authorize volunteer members of the Virginia Defense Force to be accessed or retained beyond the age of 65 to the age of 75.</p><p>2. Such persons of the unorganized militia who may be drafted to fill the force structure of the Virginia Defense Force or who may be ordered out for active duty until released from such service.</p><p>The officers of the Virginia Defense Force shall be appointed by the Governor in conformity with regulations prescribed by the Adjutant General.</p><p>Enlisted members shall be enlisted and retained in conformity with regulations prescribed by the Adjutant General.</p><p>1989, c. 414; 1996, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0070'>70</a>; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0488'>488</a>.</p>
7344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4.2VIRGINIA DEFENSE FORCE§ 44-54.7Regulations.<p>Recruiting, enlistment, retention, organization, administration, equipment, facilities, training, discipline, discharge, dismissal, wearing of the uniform, appearance and standards of conduct shall be governed by regulations prescribed by the Adjutant General in conformity with this chapter and federal law and regulations pertaining to state defense forces. Such regulations shall, to the extent practicable, be consistent with regulations governing the Army National Guard.</p><p>1989, c. 414.</p>
7444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4.2VIRGINIA DEFENSE FORCE§ 44-54.8Administration of oaths.<p>All commissioned officers of the Virginia Defense Force and such other persons or officials as the Adjutant General prescribes are hereby authorized and empowered to administer oaths and affirmations in all matters pertaining to and concerning the Virginia Defense Force, including but not limited to the enlistment of soldiers and the appointment of officers therein.</p><p>1989, c. 414; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
7544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4.2VIRGINIA DEFENSE FORCE§ 44-54.9Uniform; rank in precedence; command.<p>The Virginia Defense Force shall be uniformed and shall conform to standards of dress and appearance in accordance with regulations prescribed by the Adjutant General. The uniform and insignia of the Virginia Defense Force shall include distinctive devices identifying it as a state defense force and distinguishing it from the National Guard or the armed forces of the United States. The wearing of permanent military decorations awarded in the service of the armed forces of the United States or in the national guards of the several states is authorized.</p><p>The grade structure of the Virginia Defense Force, to the extent practicable, shall be the same as that prescribed for the Army National Guard.</p><p>1989, c. 414; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
7644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4.2VIRGINIA DEFENSE FORCE§ 44-54.10Discipline.<p>All members of the Virginia Defense Force on training duty or state active duty shall be subject to military discipline. Infractions of military discipline by members of the Virginia Defense Force on training duty or state active duty shall be punishable under the provisions of §§ <a href='http://law.lis.virginia.gov/vacode/44-40/'>44-40</a> and <a href='http://law.lis.virginia.gov/vacode/44-40.01/'>44-40.01</a>.</p><p>1989, c. 414; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0339'>339</a>.</p>
7744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4.2VIRGINIA DEFENSE FORCE§ 44-54.11Discharge; dismissal.<p>Upon expiration of the term of service for which appointed or enlisted, a member of the Virginia Defense Force shall be entitled to a discharge. However, no member shall be discharged by reason of expiration of his term of service while on state active duty.</p><p>A member of the Virginia Defense Force may be dismissed or discharged prior to the expiration of his term of service by sentence of a court-martial or for misconduct, inefficiency, unsatisfactory participation, personal hardship or for the convenience of the Commonwealth. Discharge proceedings shall be prescribed by the Adjutant General.</p><p>The Adjutant General may prescribe appropriate discharge certificates reflecting the character of the member's service.</p><p>1989, c. 414; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
7844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA4.2VIRGINIA DEFENSE FORCE§ 44-54.12Arms, equipment and facilities.<p>The Virginia Defense Force, to the extent authorized by the Governor and funded by the General Assembly, shall be equipped as needed for training and for state active duty. The Adjutant General, by regulation or otherwise, may authorize the use of privately owned real and personal property if deemed in the best interest of the Commonwealth.</p><p>To the extent permitted by federal law and contracts with the federal government or localities and to the extent that space is available, the Adjutant General in his discretion may authorize the use of armories and other facilities of the National Guard, other state facilities under his control, and all or portions of privately owned facilities under contract for the storage and maintenance of arms, equipment and supplies of the Virginia Defense Force and for the assembly, drill, training and instruction of its members.</p><p>Members of the Virginia Defense Force shall not be armed with firearms during the performance of training duty or state active duty, except under circumstances and in instances authorized by the Governor.</p><p>1989, c. 414; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
7944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA5NAVAL MILITIA IN GENERAL§§ 44-55 through 44-66Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
8044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA6NAVAL MILITIA COURTS-MARTIAL§§ 44-67 through 44-74Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
8144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-75Repealed.<p>Repealed by Acts 1988, c. 352.</p>
8244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-75.1Militia state active duty.<p>A. The Governor or his designee may call forth the militia or any part thereof to state active duty for service in any of the following circumstances:</p><p>1. In the event of invasion or insurrection or imminent threat of either;</p><p>2. When any combination of persons becomes so powerful as to obstruct the execution of laws in any part of this Commonwealth;</p><p>3. When the Governor determines that a state agency or agencies having law-enforcement responsibilities are in need of assistance to perform particular law-enforcement functions, which functions he shall specify in his call to the militia;</p><p>4. In the event of flood, hurricane, fire or other forms of natural or man-made disaster wherein human life, public or private property, or the environment is imperiled;</p><p>5. In emergencies of lesser magnitude than those described in subdivision 4, including but not limited to the disruption of vital public services, wherein the use of militia personnel or equipment would be of assistance to one or more departments, agencies, institutions, or political subdivisions of the Commonwealth;</p><p>6. When the Governor determines that the National Guard and its assets would be of valuable assistance to state, local or federal agencies having a drug law-enforcement function to combat the flow of or use of illegal drugs in the Commonwealth, he may provide for the National Guard or any part thereof to support drug interdiction, counterdrug and demand reduction activities within the Commonwealth, or outside the Commonwealth under the National Guard Mutual Assistance Counterdrug Activities Compact. In calling forth the National Guard under this section, the Governor shall specify the type of support that the National Guard shall undertake with state, local or federal law-enforcement agencies. Once called forth by the Governor, the National Guard is also specifically authorized to enter into mutual assistance and support agreements with any law-enforcement agencies, state or federal, operating within or outside this Commonwealth so long as those activities are consistent with the Governor's call. All activities undertaken by the National Guard in the areas of drug interdiction, counterdrug and drug demand reduction shall be reported by the Adjutant General's office to the Governor and reviewed by the Governor no less frequently than every three months; and</p><p>7. When the Governor or his designee, in consultation with the Adjutant General, determines that the militia or any part thereof is in need of specific training to be prepared for being called forth for any of the circumstances expressed in subdivisions 1 through 6 above. Such training may be conducted with a state or federal agency or agencies having the capability or responsibility to coordinate or assist with any of the circumstances set forth in subdivisions 1 through 6 above.</p><p>B. The Virginia National Guard shall be designated as a state law-enforcement agency for the sole purpose of receiving property and revenues pursuant to 18 U.S.C. § 981 (e) (2), 19 U.S.C. § 1616a, and 21 U.S.C. § 881 (e) (1) (A).</p><p>1988, c. 352; 1993, c. 932; 1995, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0049'>49</a>; 1996, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0071'>71</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0805'>805</a>.</p>
8344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-75.2Militia training duty.<p>Subject to the direction and orders of the Governor, the Adjutant General shall provide for the training and administration of the National Guard and the Virginia Defense Force and shall require the members of the National Guard and the Virginia Defense Force to attend such training when scheduled. Members of the National Guard may assist on an unpaid, volunteer basis in the training and administration of the Virginia Defense Force. Whether training in a paid or unpaid status, members of the National Guard and Virginia Defense Force shall at all times be subject to the orders of their respective commanders.</p><p>1988, c. 352; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
8444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-76Transportation, equipment and support of militia.<p>Whenever the Governor shall call forth the militia, whether by virtue of the Constitution or of § <a href='http://law.lis.virginia.gov/vacode/44-75.1/'>44-75.1</a>, he shall issue such orders and take such measures for procuring and transporting the elements thereof as to him shall seem best; and for their accommodation, equipment and support, he shall appoint such a staff as to him shall seem proper.</p><p>1930, p. 962; Michie Code 1942, § 2673(62); 1958, c. 393.</p>
8544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-77Orders to officers and appointment of rendezvous.<p>Such orders shall be sent to such officers and in such manner as the Governor may deem expedient, with a notification of the place of rendezvous; and the officers to whom the orders are sent shall proceed immediately to execute the same.</p><p>1930, p. 962; Michie Code 1942, § 2673(63).</p>
8644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-78Repealed.<p>Repealed by Acts 1988, c. 352.</p>
8744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-78.1Request for assistance by localities.<p>In the event of the circumstances described in subdivision A 2, 4 or 5 of § <a href='http://law.lis.virginia.gov/vacode/44-75.1/'>44-75.1</a> arise within a county, city or town of the Commonwealth, either the governing body or the chief law-enforcement officer of the county, city or town may call upon the Governor for assistance from the militia. The Governor may call forth the militia or any part thereof to provide such assistance as he may deem proper in responding to such circumstances, but in all instances the militia shall remain subject to military command and not to civilian authorities of the county, city or town receiving assistance.</p><p>1988, c. 352.</p>
8844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-79Repealed.<p>Repealed by Acts 1988, c. 352.</p>
8944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-80Order in which classes of militia called into service.<p>The National Guard, the Virginia Defense Force, and the unorganized militia or any part thereof may be ordered into service by the Governor in such order as he determines.</p><p>1930, p. 963; Michie Code 1942, § 2673(66); 1964, c. 227; 1989, c. 414; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
9044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-81Length of service when called out.<p>The National Guard, the Virginia Defense Force, or the unorganized militia, when called into service by the Governor, shall serve for such time as, in the Governor's judgment, may be necessary.</p><p>1930, p. 963; Michie Code 1942, § 2673(67); 1958, c. 393; 1989, c. 414; 1993, c. 112; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
9144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-82How troops paid while in service; transportation to be furnished; movement of troops and supplies not to be delayed.<p>All officers and enlisted personnel of the National Guard or Virginia Defense Force, whenever called out in aid of the civil authorities, shall receive the compensation herein provided, and such compensation, and the necessary expenses incurred in furnishing supplies, subsistence, quartering, and transporting troops, shall be paid no later than 10 work days after the receipt of required payroll documentation by the Payroll Services Bureau of the Department of Accounts by the State Treasurer. Such payments shall be made on warrants to be drawn by the Comptroller, on the State Treasurer, upon certificates of the officer in actual command of the troops, and upon payrolls prepared according to such forms as the state regulations shall prescribe. Such payrolls and certificates are to be transmitted to the Adjutant General through the regular military channels, and he shall approve them before such warrants shall be drawn. The Comptroller and the State Treasurer are hereby authorized and directed to draw the warrants and make the payments herein provided for in accordance with current or subsequently amended pay and allowances of United States armed forces.</p><p>The several transportation companies in this Commonwealth shall furnish transportation for troops so called out, stores, munitions and equipments, upon application of the officer in actual command, accompanied by a certificate from him of the number of personnel to be carried and their destination, and a copy of the order calling them out. For such transportation the transportation company shall be entitled to receive compensation from the Commonwealth.</p><p>Transportation of troops and military supplies shall be as speedy as possible and have the right-of-way over all passenger and freight traffic on transportation lines within the Commonwealth, and failure to furnish transportation when called upon, or unnecessary delay in transporting such troops and supplies, shall be punishable by a fine of not less than $1,000 or more than $10,000.</p><p>1930, p. 963; Michie Code 1942, § 2673(68); 1958, c. 393; 1973, c. 401; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
9244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7Regulations as to Active Service§ 44-83Pay and allowance of members.<p>Notwithstanding any other provision of law, when called into state active duty, not in the service of the United States, members of the National Guard and members of the Virginia Defense Force shall receive pay and allowances equal to their rank and years of service, as determined by the Department of Military Affairs. The Adjutant General may increase state active duty pay on an annual basis by a rate not to exceed the most recent percentage increase in basic pay for members of the Armed Forces.</p><p>1930, p. 964; Michie Code 1942, § 2673(69); 1958, c. 393; 1988, c. 352; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0341'>341</a>; 2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0832'>832</a>.</p>
9344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA7REGULATIONS AS TO ACTIVE SERVICE§ 44-84Regulations enforced on actual service.<p>Whenever any portion of the militia shall be called into service to execute the law, suppress riot or insurrection, or to repel invasion, the military justice opinions as set forth in Article 4 (§ <a href='http://law.lis.virginia.gov/vacode/44-42/'>44-42</a> et seq.) of this chapter, and the regulations prescribed for the National Guard of the United States, and the regulations issued thereunder, shall be enforced and regarded as a part of this chapter until such forces shall be duly relieved from such duty.</p><p>1930, p. 964; Michie Code 1942, § 2673(70); 1958, c. 393.</p>
9444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA8UNORGANIZED MILITIA§ 44-85Regulations and penalties.<p>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.</p><p>1930, p. 965; Michie Code 1942, § 2673(71); 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
9544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA8UNORGANIZED MILITIA§ 44-86When ordered out for service.<p>The commander in chief may at any time, in order to execute the law, suppress riots or insurrections, or repel invasion, or aid in any form of disaster wherein the lives or property of citizens are imperiled or may be imperiled, order out the National Guard and the inactive National Guard or any parts thereof, or the whole or any part of the unorganized militia. When the militia of this Commonwealth, or a part thereof, is called forth under the Constitution and laws of the United States, the Governor shall order out for service the National Guard, or such part thereof as may be necessary; and he may likewise order out such a part of the unorganized militia as he may deem necessary. During the absence of organizations of the National Guard in the service of the United States, their state designations shall not be given to new organizations.</p><p>1930, p. 965; Michie Code 1942, § 2673(72); 1958, c. 393.</p>
9644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA8UNORGANIZED MILITIA§ 44-87Manner of ordering out for service.<p>The Governor shall, when ordering out the unorganized militia, designate the number to be so called. He may order them out either by calling for volunteers or by draft.</p><p>1930, p. 965; Michie Code 1942, § 2673(73); 1944, p. 25; 1958, c. 393; 1984, c. 765.</p>
9744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA8UNORGANIZED MILITIA§ 44-88Incorporation into the Virginia Defense Force.<p>Whenever the Governor orders out the unorganized militia or any part thereof, it shall be incorporated into the Virginia Defense Force until relieved from service.</p><p>1944, p. 25; Michie Suppl. 1946, § 2673(73); 1984, c. 765; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
9844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA8UNORGANIZED MILITIA§ 44-89Draft of unorganized militia.<p>If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county and city to make the draft, and prescribe rules and regulations for conducting the same.</p><p>1930, p. 965; Michie Code 1942, § 2673(74).</p>
9944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA8UNORGANIZED MILITIA§ 44-90Punishment for failure to appear.<p>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 direct.</p><p>1930, p. 965; Michie Code 1942, § 2673(75); 1958, c. 393.</p>
10044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA9PAY OF MILITIA§§ 44-91, 44-92Repealed.<p>Repealed by Acts 1958, c. 393.</p>
10144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-93.1Supplement of military pay and additional life insurance benefits for employees of Commonwealth or political subdivisions.<p>A. In addition to the paid military leave provisions of § <a href='http://law.lis.virginia.gov/vacode/44-93/'>44-93</a>, the Commonwealth or any political subdivision of the Commonwealth may supplement the military pay of its officers and employees who are reservists or national guard members called to federally funded military duty in an amount necessary to bring their total salary, inclusive of their base military pay, to the level earned at the time they were called to federally funded military duty. The employer may also, in its discretion, continue to provide any health insurance and other existing benefits to such officers and employees.</p><p>B. In addition to any other benefit provided by law, if an employee of the Commonwealth or of any political subdivision has been called to federal active duty services under Title 10 of the United States Code, the Commonwealth shall provide an additional death benefit in the amount of $20,000 to be paid if the employee is killed in action in any armed conflict while serving with any reserve component of the Army, Navy, Marine Corps, Air Force, or Coast Guard or with any unit of these respective services of the United States.</p><p>2002, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0354'>354</a>; 2005, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0907'>907</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0910'>910</a>.</p>
10244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-93.2Leaves of absence from nongovernmental employment.<p>A member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state and who is otherwise employed in the Commonwealth, called to state active duty or military duty pursuant to Title 32 of the United States Code shall have the right to take leave without pay from his nongovernmental employment. No member of the National Guard or Virginia Defense Force, or person who is a member of the National Guard of another state, shall be forced to use or exhaust his vacation or other accrued leaves from his nongovernmental employment for a period of active service. The choice of leave shall be solely within the discretion of the member.</p><p>2002, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0354'>354</a>; 2007, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0167'>167</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0214'>214</a>; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>; 2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0327'>327</a>; 2018, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0216'>216</a>.</p>
10344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-93.3Reemployment rights.<p>Upon honorable release from state active duty or military duty pursuant to Title 32 of the United States Code, a member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state and who was previously employed in the Commonwealth, shall make written application to his previous employer for reemployment within (i) 14 days of his release from duty or from hospitalization following release if the length of the member's absence by reason of service in the uniformed services does not exceed 180 days or (ii) 90 days of his release from duty or from hospitalization following release if the length of the member's absence by reason of service in the uniformed services exceeds 180 days. When released from such duty, they shall be restored to positions held by them when ordered to duty. If the office or position has been abolished or otherwise has ceased to exist during such leave of absence, they shall be reinstated in a position of like seniority, status and pay if the position exists, or to a comparable vacant position for which they are qualified, unless to do so would be unreasonable. This section shall not apply when the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services exceeds five years.</p><p>2002, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0354'>354</a>; 2007, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0167'>167</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0214'>214</a>; 2010, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0253'>253</a>; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>; 2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0327'>327</a>; 2018, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0216'>216</a>.</p>
10444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-93.4Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited.<p>A. A member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, who performs, has performed, applies to perform, or has an obligation to perform state active duty or military duty pursuant to Title 32 of the United States Code shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer within the Commonwealth on the basis of that membership, application for membership, performance of service, application for service, or obligation.</p><p>B. A person shall be considered to have denied a member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state, initial employment, reemployment, retention in employment, promotion, or a benefit of employment within the Commonwealth in violation of this section if the member's membership, application for membership, performance of service, application for service, or obligation for service is a motivating factor in that person's action, unless the person can prove by the greater weight of the evidence that the same unfavorable action would have taken place in the absence of the member's membership, application for membership, performance of service, application for service, or obligation for service.</p><p>2002, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0354'>354</a>; 2007, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0167'>167</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0214'>214</a>; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>; 2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0327'>327</a>; 2018, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0216'>216</a>.</p>
10544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-93.5Penalties for denial.<p>If any employer fails or refuses to comply with the provisions of §§ <a href='http://law.lis.virginia.gov/vacode/44-93/'>44-93</a>, <a href='http://law.lis.virginia.gov/vacode/44-93.2/'>44-93.2</a>, <a href='http://law.lis.virginia.gov/vacode/44-93.3/'>44-93.3</a> and <a href='http://law.lis.virginia.gov/vacode/44-93.4/'>44-93.4</a>, the circuit court having jurisdiction over the employer's place of business may, upon the filing of a motion, petition, or other appropriate pleading by the employee, require the employer to comply with §§ <a href='http://law.lis.virginia.gov/vacode/44-93/'>44-93</a>, <a href='http://law.lis.virginia.gov/vacode/44-93.2/'>44-93.2</a>, <a href='http://law.lis.virginia.gov/vacode/44-93.3/'>44-93.3</a> and <a href='http://law.lis.virginia.gov/vacode/44-93.4/'>44-93.4</a> and to compensate the employee for any loss of wages or benefits and reasonable attorney fees and costs incurred by reason of the employer's unlawful failure or refusal. Upon request of the affected employee, the Attorney General may represent personally or through one of his assistants, such employee denied the benefits of §§ <a href='http://law.lis.virginia.gov/vacode/44-93/'>44-93</a>, <a href='http://law.lis.virginia.gov/vacode/44-93.2/'>44-93.2</a>, <a href='http://law.lis.virginia.gov/vacode/44-93.3/'>44-93.3</a> and <a href='http://law.lis.virginia.gov/vacode/44-93.4/'>44-93.4</a> while in the performance of state active duty.</p><p>2002, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0354'>354</a>; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0147'>147</a>; 2007, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0167'>167</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0214'>214</a>.</p>
10644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-94Exemption from jury duty.<p>The active officers and members of the National Guard shall be exempt from serving on juries in civil and criminal cases upon presentation to the clerk of the court of a certificate of such membership signed by the commanding officer of the unit of which the person summoned for jury service is a member.</p><p>1930, p. 966; Michie Code 1942, § 2673(79); 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
10744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-95Repealed.<p>Repealed by Acts 1958, c. 393.</p>
10844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-96Military property exempt from levy and sale.<p>The uniforms, arms, and equipment required by law or regulations of every commissioned and warrant officer and every enlisted person of the Virginia National Guard and Virginia Defense Force shall be exempt from sale under any execution, distress, or other process for debt and taxes.</p><p>1930, p. 966; Michie Code 1942, § 2673(81); 1958, c. 393; 1984, c. 765; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
10944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-97Exemption from arrest.<p>No person belonging to the Virginia National Guard or Virginia Defense Force shall be arrested on any process issued by or from any civil officer or court, except in cases of felony or breach of the peace, while going to, remaining at or returning from any place at which he may be required to attend for military duty; nor in any case whatsoever while actually engaged in the performance of his military duties, except with the consent of his commanding officer.</p><p>1930, p. 966; Michie Code 1942, § 2673(82); 1984, c. 765; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
11044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-97.1Continuance or time for filing pleading, etc., where party or attorney is on active duty.<p>Any party to or attorney in an action or proceeding in any court, including the Supreme Court of Virginia, commission, or other tribunal having judicial or quasi-judicial powers or jurisdiction who has been ordered to participate in state active duty, annual active duty for training, or temporary active duty in the reserve forces of any of the armed services of the United States or National Guard shall be entitled to a continuance, not to exceed three weeks, as a matter of right during the period of such duty, provided the continuance is requested at least four days prior to the first day for which the continuance is sought. The period required by any statute or rule for the filing of any pleading or the performance of any act relating thereto shall be extended for seven days after such active duty, provided a request is made four days prior to the date the pleading or act is due. The failure of any court, commission, or other tribunal to allow such continuance when requested to do so or the returning of such filing or act during the period hereinabove specified shall constitute reversible error. This section shall not prevent the granting of temporary injunctive relief or the dissolution or extension of a temporary injunction, but the right to such relief shall remain in the sound discretion of the court or other such tribunal.</p><p>1981, c. 288; 1990, c. 790; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
11144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-98Interference with employment of members of Virginia National Guard or Virginia Defense Force.<p>A person who, either by himself or with another, deprives a member of the Virginia National Guard or Virginia Defense Force of his employment, or prevents, by himself or another, such member being employed, or obstructs or annoys such member or his employer at his trade, business, or employment, because such member of such organization is such member, or dissuades any person from enlistment in the Virginia National Guard or Virginia Defense Force by threat or injury to him in his trade, business, or employment in case he shall so enlist, shall be guilty of a misdemeanor and on conviction thereof shall be fined in a sum not exceeding $500, or imprisonment in jail not more than 30 days, or shall suffer both fine and imprisonment.</p><p>1930, p. 967; Michie Code 1942, § 2673(83); 1958, c. 393; 1984, c. 765; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
11244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-99Organizations may own property; suits.<p>Companies or other organizations of the Virginia National Guard and Virginia Defense Force shall have the right to own and keep real and personal property necessary for their use, which shall belong to and be under control of the active members of the unit; and the commanding officer of any unit shall have the right and power to maintain any suit, in his own name, to recover for the use of the unit any debts or effects belonging to the unit, or damages for the injury thereof; and no suit pending in his name shall be abated by his ceasing to be the commanding officer of the unit; but upon motion of the commander succeeding him, such commander shall be admitted to prosecute the suit in like manner and with like effect as if it had been originally instituted by him. Armories owned by such units shall be exempt from all state, county and municipal taxation.</p><p>1930, p. 967; Michie Code 1942, § 2673(84); 1958, c. 393; 1984, c. 765; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
11344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-100No action allowed on account of military duties; counsel for members sued or prosecuted.<p>No action or proceeding shall be prosecuted or maintained against a member of a military court, or officer or person acting under its authority or reviewing its proceedings, on account of the approval or imposition or execution of any sentence, or the imposition or collection of fine or penalty, or the execution of any warrant, writ, execution, process, or mandate of a military court, nor shall any member of the Virginia National Guard or Virginia Defense Force be liable to civil action or suit or criminal prosecution for any act done while in the discharge of his military duty.</p><p>If any member of the Virginia National Guard or Virginia Defense Force is sued civilly or arrested, indicted, or otherwise prosecuted for any act committed in the discharge of his official duty while on state duty, the Adjutant General may employ special counsel approved by the Attorney General to defend such member. The compensation for special counsel employed pursuant to this section shall, subject to the approval by the Attorney General, be paid out of the funds appropriated for the administration of the Department of Military Affairs.</p><p>1930, p. 967; Michie Code 1942, § 2673(85); 1972, c. 416; 1973, c. 401; 1984, c. 765; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
11444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-101Repealed.<p>Repealed by Acts 1958, c. 544.</p>
11544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-102Commission not to vacate civil office.<p>Any citizen of the Commonwealth may accept and hold a commission in the Virginia National Guard and receive pay therefrom or a commission in the Virginia Defense Force or armed forces reserve of the United States, without thereby vacating any civil office or position or commission held by him; and the acceptance or holding of any such commission, and receiving pay therefrom shall not constitute such holding of an office of trust and profit under the government of the Commonwealth and of the United States as shall be incompatible with the holding of any civil office, legislative or judicial, or position or commission under the government of the Commonwealth.</p><p>1930, p. 968; Michie Code 1942, § 2673(87); 1958, c. 393; 1984, c. 765; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
11644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10PRIVILEGES OF UNITED STATES RESERVE, NATIONAL GUARD, AND NAVAL MILITIA§ 44-102.1Rights, benefits and protections upon call to active duty; contract termination.<p>A. Any right, benefit, or protection that may accrue to a member of the Virginia National Guard under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.), as a result of a call to federal active duty service under Title 10 of the United States Code shall be extended to a member of the Virginia National Guard called to active duty service under Title 32 of the United States Code, or to state active duty by the Governor, if the active duty orders are for a period of 30 consecutive days or more. In addition, if a member of the Virginia National Guard is called to state active duty by the Governor, the employer shall ensure that the member has the option of continuing, at the member's expense, his health care coverage, life insurance, or long-term care insurance.</p><p>B. Any member of the United States Armed Forces or Virginia National Guard who receives permanent change of station orders or has received temporary duty orders in excess of three months' duration, his spouse, or his dependent may, at any time prior to the conclusion of his period of service, terminate without penalty a contract for the following services:</p><p>1. Telecommunications services;</p><p>2. Internet services;</p><p>3. Television services;</p><p>4. Athletic club or gym memberships;</p><p>5. Satellite radio services; or</p><p>6. Service for an alarm system as defined in § <a href='http://law.lis.virginia.gov/vacode/15.2-911/'>15.2-911</a>.</p><p>It shall be a violation of the Virginia Consumer Protection Act (§ <a href='http://law.lis.virginia.gov/vacode/59.1-196/'>59.1-196</a> et seq.) for a service provider to fail to comply with the provisions of this subsection.</p><p>2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0769'>769</a>; 2010, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0811'>811</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0861'>861</a>; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2017, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0293'>293</a>.</p>
11744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA10Privileges of United States Reserve, National Guard, and Naval Militia§ 44-102.2Virginia Military Family Relief Fund established.<p>A. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Military Family Relief Fund (the Fund). The Fund shall be established on the books of the Comptroller and administered by the Office of the Adjutant General for the purposes set forth herein. All moneys as may be appropriated by the General Assembly, private gifts, grants, or donations contributed to the Fund, and revenues received by the Commonwealth for the Fund pursuant to § <a href='/vacode/58.1-344.3/'>58.1-344.3</a> shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of assisting members of the Virginia National Guard and Virginia residents who are members of the reserves of the armed forces of the United States who have been called to extended federal active duty for periods in excess of 90 days and missions in support of Virginia civil authorities, including state active duty and federal defense support to civil authority missions, for periods in excess of 30 days, and their families, with living expenses including, but not limited to food, housing, utilities, and medical services. Assistance may be provided from the Fund from the date of entry into active duty until 180 days after release from active duty. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Adjutant General.</p><p>B. The Adjutant General shall submit an annual report to the Governor and the chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations of the General Assembly. The report shall detail:</p><p>1. The expenditures of the Fund, including the amount of awards provided from the Fund to each branch of service, the amount of individual and family assistance provided, the qualifications of the recipients, and the balance available in the Fund for future disbursements; and</p><p>2. The name, address, rank, branch of service, deployment location, and amount of financial assistance provided to each recipient. The information provided under this subdivision that identifies a recipient or members of the recipient's family or the deployment location of any member of the Virginia National Guard or the reserves of the armed forces of the United States shall be confidential and shall not be subject to public disclosure.</p><p>2006, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0103'>103</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0479'>479</a>; 2007, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0073'>73</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0911'>911</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0320'>320</a>.</p>
11844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA11CARE OF MILITARY PROPERTY§ 44-103Deposit in armories or headquarters for safekeeping.<p>All arms, equipment and ordnance stores, which shall be furnished to the several commands under the provisions of this chapter, shall be deposited in the armories or headquarters of such commands for safekeeping.</p><p>1930, p. 968; Michie Code 1942, § 2673(88).</p>
11944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA11CARE OF MILITARY PROPERTY§ 44-104Care required and liability of officers.<p>All commissioned officers of the Virginia National Guard and Virginia Defense Force shall exercise the strictest care and vigilance for the preservation of the uniforms, arms, supplies, equipment and military property furnished to their several commands under the provisions of this chapter. Any officer receiving public property for military use shall be responsible for the articles so received by him; and he shall not transfer such property, or any portion thereof, to another, either as a loan or permanently, without the authority of the Adjutant General, or his duly authorized representative.</p><p>1930, p. 968; Michie Code 1942, § 2673(89); 1958, c. 393; 1984, c. 765; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
12044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA11CARE OF MILITARY PROPERTY§ 44-105Repealed.<p>Repealed by Acts 1958, c. 393.</p>
12144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA11CARE OF MILITARY PROPERTY§ 44-106Upon disbandment of organization, or call into active federal service, commanding officer to return certain property to Adjutant General.<p>Upon the disbandment of any organization, or call into active federal service of such organization, which has received arms, supplies or equipment from the Adjutant General, in accordance with the provisions of this chapter, the commanding officer of such organization shall be responsible for the safe return to the custody of the Adjutant General of all such public property in possession of the organization, except for such federally owned property that may be required by federal law to be retained by such organization in the federal service.</p><p>1930, p. 968; Michie Code 1942, § 2673(91); 1958, c. 393.</p>
12244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA11CARE OF MILITARY PROPERTY§ 44-107Use for private purposes forbidden.<p>No officer or enlisted person shall use, except upon military duty any article of military property belonging to the United States or to the Commonwealth.</p><p>1930, p. 969; Michie Code 1942, § 2673(92); 1958, c. 393.</p>
12344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA11CARE OF MILITARY PROPERTY§ 44-108Officers and enlisted persons personally liable for military property.<p>Every officer and enlisted person to whom any article of military property is delivered in pursuance of the provisions of this chapter shall be held personally responsible for its care, safekeeping, and return. He shall use the same for military purposes only, and upon receiving a discharge, or otherwise leaving the military service, or upon demand of his commanding officer or the Adjutant General, shall forthwith surrender and deliver such property in as good order and condition as the same was at the time he received it, reasonable fair wear and tear excepted. As insurance for compliance with the provisions of this chapter, the Adjutant General may require the bonding of any or all such officers or enlisted persons in an amount that he may deem appropriate, commensurate with the responsibilities of such officers or enlisted persons. The cost of such bonds shall be borne from funds appropriated for the operation of the Department of Military Affairs, and shall be without cost to the individual officer and/or enlisted person bonded.</p><p>1930, p. 969; Michie Code 1942, § 2673(93); 1958, c. 393.</p>
12444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA11CARE OF MILITARY PROPERTY§ 44-109Punishment for injuries to military property.<p>Whoever shall willfully or maliciously destroy, injure, or deface any arms or articles of military property belonging to the United States or to the Commonwealth, or receive any property in violation of the preceding sections of this chapter, shall be deemed guilty of a misdemeanor and be fined not exceeding double the amount of the value of the property so injured or defaced, or, in the discretion of the jury, be imprisoned in jail not less than two weeks nor more than two months.</p><p>1930, p. 969; Michie Code 1942, § 2673(94).</p>
12544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA11CARE OF MILITARY PROPERTY§ 44-110Punishment for sale, etc., of military property.<p>Whoever shall secrete, sell, dispose of, offer for sale, or in any manner pawn or pledge, or receive in pawn or pledge, buy, or intentionally fail to return after having been legally discharged from the National Guard any of the arms, uniforms, or equipments, being the property of the United States or of the Commonwealth, knowing or having reason to believe the same to be the property of the United States or the Commonwealth, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be imprisoned in jail for not less than six months nor more than one year, or in the discretion of the jury or judge, be fined not less than $50 nor more than $1,000.</p><p>1930, p. 969; Michie Code 1942, § 2673(95); 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
12644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA11CARE OF MILITARY PROPERTY§ 44-111Replacement of lost or damaged property.<p>Whenever any military property issued to the militia of the Commonwealth shall have been lost, damaged, or destroyed, and upon report of a disinterested survey officer of the armed forces or militia 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 the exercise of reasonable care, the money value of such property shall be charged against the bond of the officer or enlisted person, if bonded. If such officer or enlisted person is not bonded, the value of such property shall be charged to such officer or enlisted person, and the pay of such officer or enlisted person from both federal and state funds at any time accruing may be stopped and applied to the payment of any such indebtedness until the same is discharged. In addition thereto, any officer accountable or responsible for military property shall be liable on his bond to the Commonwealth and the United States Property and Fiscal Officer as accounting, accountable and responsible officer for any lost, damaged, or destroyed property for which he is accountable or responsible.</p><p>1930, p. 969; Michie Code 1942, § 2673(96); 1958, c. 393.</p>
12744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA12SUPPORT OF MILITIA§ 44-112Requisition for federal funds.<p>The Governor or such other state officer as may be authorized by law, shall make requisition upon the Secretary of Defense, through the National Guard Bureau, for such state allotment from federal funds as may be necessary for the support of the militia and as may be authorized by the laws and regulations of the United States.</p><p>1930, p. 970; Michie Code 1942, § 2673(97); R. P. 1948, § 44-112; 1958, c. 393.</p>
12844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA12SUPPORT OF MILITIA§ 44-113County, city and town appropriations.<p>Counties, cities, and towns may appropriate such sums of money and real and personal property as they may deem proper to the various organizations of the National Guard or the Virginia Defense Force, when such organizations are maintained within the limits of the counties, cities, and towns respectively; and counties may appropriate such sums of money and real and personal property as they may deem proper to the various organizations of the National Guard if such organizations are maintained in any incorporated town or city of the second class located within the geographical limits of such counties respectively.</p><p>1930, p. 970; 1940, p. 54; Michie Code 1942, § 2673(98); R. P. 1948, § 44-113; 1958, c. 393; 2014, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0030'>30</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0547'>547</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
12944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA12SUPPORT OF MILITIA§ 44-114Allowances made to organizations from state appropriations.<p>For the necessary expenses of the maintenance of the National Guard and the Virginia Defense Force, to include the providing of one flag of the Commonwealth of Virginia to the next of kin of any individual, upon his death, who was serving in, or honorably served for a period of 20 years in and retired from, the Virginia National Guard, the Virginia Defense Force, or a combination of both, the Adjutant General shall annually allot to each organization or unit such amounts as may in his judgment be advisable, and as may be available from the appropriation to the Department of Military Affairs, such allotment to be based upon such scheme of distribution as may appear equitable to the Adjutant General and best suited to the needs of the military forces of the Commonwealth.</p><p>1930, p. 970; Michie Code 1942, § 2673(99); R. P. 1948, § 44-114; 1999, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0667'>667</a>; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0012'>12</a>; 2013, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0150'>150</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0198'>198</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
13044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA12.1ORDERS INDUCTING STATE MILITIA INTO FEDERAL SERVICE§ 44-114.1Orders transmitted to and through the Governor.<p>All orders from the federal government or any of its officers, agencies, or departments to the state militia of Virginia, including the National Guard and the unorganized militia, that relate to the call, induction, or drafting of Virginia state troops of any type or description into the federal service for active duty or otherwise and withdrawing them from the control of the Governor of Virginia shall be first transmitted to and through the Governor of Virginia. The Governor, as commander in chief of the state militia, shall not approve, consent to, or concur in any such order that has not been transmitted as herein required.</p><p>1958, c. 540, § 1; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
13144MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA12.1ORDERS INDUCTING STATE MILITIA INTO FEDERAL SERVICE§ 44-114.2Governor to be notified of receipt of order; no action taken until his instructions complied with.<p>If the Adjutant General of Virginia, or during his absence, any of his assistants, or anyone else in the Department of Military Affairs of the Commonwealth of Virginia, either in a civilian or military status, shall receive an order of the nature required in § <a href='http://law.lis.virginia.gov/vacode/44-114.1/'>44-114.1</a> to be transmitted to the Governor, he shall immediately notify the Governor of Virginia of such receipt and the contents of this order by the most expeditious means, and no action shall be taken by anyone towards notifying the individuals of organizations of the Virginia militia of the contents of such orders or directions received from the federal government on this subject by any of its agencies or representatives until the Governor has been first advised and instructions from him have been complied with fully.</p><p>1958, c. 540, § 2.</p>
13244MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA12.1ORDERS INDUCTING STATE MILITIA INTO FEDERAL SERVICE§ 44-114.3Orders void if transmitted to militia before Governor notified.<p>If the Adjutant General or anyone else in the Department of Military Affairs should receive such a message of the kind referred to in § <a href='http://law.lis.virginia.gov/vacode/44-114.1/'>44-114.1</a> and fail to notify the Governor immediately, and subsequently transmits such orders, for the purpose of having such orders executed, to any personnel of the state militia, or to any person other than the Governor, then such order or orders shall be illegal, null and void.</p><p>1958, c. 540, § 3.</p>
13344MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA12.1ORDERS INDUCTING STATE MILITIA INTO FEDERAL SERVICE§ 44-114.4Governor not prevented from drafting into state military service.<p>Nothing in this article shall prevent the Governor from drafting all citizens into the state military service if he may so desire in accordance with the military laws of Virginia.</p><p>1958, c. 540, § 4; 1973, c. 401.</p>
13444MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA13General Provisions§ 44-115Custom and usage of United States army, air force and navy; applicability of §§ 44-40, 44-40.01 and Article 4 (§ 44-42 et seq.).<p>All matters relating to the organization, discipline and government of the Virginia National Guard, not otherwise provided for by law or by regulations, shall be decided by the custom and usage of the United States army, air force or navy, as appropriate. In addition, all members of the Virginia Defense Force and the unorganized militia on training duty or state active duty shall be subject to military discipline. Infractions of military discipline for the Virginia National Guard shall be punishable under the provisions of §§ <a href='http://law.lis.virginia.gov/vacode/44-40/'>44-40</a> and <a href='http://law.lis.virginia.gov/vacode/44-40.01/'>44-40.01</a> and Article 4 (§ <a href='http://law.lis.virginia.gov/vacode/44-42/'>44-42</a> et seq.). Infractions of military discipline for the Virginia Defense Force and unorganized militia shall be punishable under the provisions of §§ <a href='http://law.lis.virginia.gov/vacode/44-40/'>44-40</a> and <a href='http://law.lis.virginia.gov/vacode/44-40.01/'>44-40.01</a>.</p><p>1930, p. 970; Michie Code 1942, § 2673(100); 1964, c. 227; 1984, c. 765; 1989, c. 414; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>; 2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0339'>339</a>.</p>
13544MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA13General Provisions§ 44-116Repealed.<p>Repealed by Acts 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a> and <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>, cl. 2.</p>
13644MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA13General Provisions§ 44-117Officers of Virginia Military Institute, the Virginia Women's Institute for Leadership at Mary Baldwin College, the Fishburne Military School, the Massanutten Military Academy, and Virginia Polytechnic Institute and State University to be officers of militia.<p>The officers of the Virginia Military Institute, the Virginia Women's Institute for Leadership at Mary Baldwin College, the Fishburne Military School, the Massanutten Military Academy, and the Commandant of Cadets and Assistant Commandants of Cadets of the Virginia Polytechnic Institute and State University shall be commissioned officers of the Virginia militia, unorganized, and subject to the orders of the Governor and the same rules and regulations as to discipline provided for other commissioned officers of the military organizations of the Commonwealth. The Governor is authorized and directed to issue commissions to the professors, assistant professors and other officers of the Virginia Military Institute, the Fishburne Military School, the Massanutten Military Academy, and the Virginia Women's Institute for Leadership at Mary Baldwin College, according to the rank prescribed by those institutions; and to the Commandant of Cadets and Assistant Commandants of Cadets of the Virginia Polytechnic Institute and State University. Such persons shall be eligible to receive and to continue to hold such commissions, regardless of age, for so long as they continue to be officers, professors or assistant professors of the Virginia Military Institute, the Virginia Women's Institute for Leadership at Mary Baldwin College, the Fishburne Military School, the Massanutten Military Academy, or the Commandant of Cadets or Assistant Commandants of Cadets of Virginia Polytechnic Institute and State University. The governing boards of each institution shall recommend to the Governor the rank to which such eligible persons shall be commissioned, but the following determination of such rank shall be made by the Governor. Commissions in such militia issued such persons by the Governor shall not entitle any person holding the same to any pay or emolument by reason thereof unless he be assigned to duty by order of the Governor with the Virginia National Guard; and in such event, the rank of such officer shall be relatively inferior to that of all other officers of the same grade in the Virginia National Guard.</p><p>1930, p. 970; Michie Code 1942, § 2673(102); 1958, c. 393; 1978, c. 384; 2001, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0077'>77</a>; 2006, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0123'>123</a>; 2007, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0818'>818</a>.</p>
13744MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA13General Provisions§§ 44-117.1, 44-118Repealed.<p>Repealed by Acts 1958, c. 393.</p>
13844MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA13General Provisions§ 44-119Retired list of officers, warrant officers and enlisted persons.<p>There shall be a retired list of officers, warrant officers and enlisted persons of the Virginia National Guard.</p><p>The following persons, upon their written applications through regular military channels to the Adjutant General, may be placed on the retired list of the Virginia National Guard:</p><p>1. Former Adjutant Generals who have resigned or been relieved;</p><p>2. Officers or enlisted persons in the guard who have been honorably discharged and have served for at least ten years in active service of the guard, or ten years computing the period served in the Virginia National Guard and the period of active service in the United States armed forces.</p><p>Officers who have served honorably and efficiently in the Virginia National Guard or the Virginia militia shall be commissioned on the retired list of the Virginia militia, unorganized, in their respective grade, or the highest grade held by them in the military service of the Commonwealth, except that officers who have to their credit fifteen years or more of exemplary service may, at the discretion of the Adjutant General, be retired with commission of the next higher grade to the highest grade held by them in the military service of the Commonwealth of Virginia.</p><p>Warrant officers and noncommissioned officers shall be placed on the retired list with the highest rank held by them in the Virginia National Guard.</p><p>Reentry into the active military service of the Commonwealth or of the United States shall discharge officers, warrant officers and enlisted persons from the retired list, and for any future retirement new application shall be made.</p><p>1930, p. 971; Michie Code 1942, § 2673(104); 1958, c. 393; 1983, c. 157; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
13944MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA13General Provisions§ 44-120Protection of the uniform.<p>It shall be unlawful for any person, not an officer, warrant officer or enlisted person in the armed forces of the United States, to wear the duly prescribed uniform thereof, or any distinctive part of such uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the armed forces of the United States.</p><p>The foregoing provision shall not be construed so as to prevent officers, warrant officers or enlisted persons of the National Guard, nor to prevent members of the organization known as the Boy Scouts of America, or such other organizations as the Secretary of Defense may designate, from wearing their prescribed uniforms; nor to prevent persons who in time of war have served honorably as officers of the armed forces of the United States and whose most recent service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they have held in such service; nor to prevent any person who has been honorably discharged from the armed forces of the United States from wearing his uniform from the place of his discharge to his home, within three months after his discharge; nor to prevent the members of military societies composed entirely of honorably discharged officers and enlisted persons, or both, of the armed forces of the United States from wearing, upon occasions of ceremony, the uniform duly prescribed by such societies to be worn by members thereof; nor to prevent the instructors and members of the duly organized cadet corps of any educational institution offering a regular course in military instruction from wearing the uniform duly prescribed by appropriate respective authority to be worn by instructors and members of such cadet corps; nor to prevent the instructors and members of such duly organized cadet corps of such institution of learning offering a regular course in military instruction and at which an officer, warrant officer or enlisted person of the armed forces of the United States is lawfully detailed for duty as instructor in military science and tactics, from wearing the uniform duly prescribed by appropriate authority to be worn by instructors and members of such cadet corps; nor to prevent civilians attending a course of military instruction authorized and conducted by the military authorities of the United States from wearing while attending such a course the uniform authorized and prescribed by such military authorities to be worn during such course of instruction; nor to prevent any person from wearing the uniform of the armed forces of the United States, in any playhouse or theater or in motion picture films or television while actually engaged in representing therein a military character not tending to bring discredit or reproach upon the armed forces of the United States.</p><p>The uniform worn by members of military societies, or the instructors and members of the cadet corps referred to in the preceding paragraph, shall include some distinctive mark or insignia approved by the Secretary of Defense, to distinguish such uniforms from the uniform of the armed forces of the United States. The members of the military societies and the instructors and members of the cadet corps hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn by the officers of the armed forces of the United States, or any insignia of rank similar thereto, unless otherwise authorized.</p><p>Any person who offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $100, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.</p><p>1930, p. 971; Michie Code 1942, § 2673(105); 1958, c. 393; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0572'>572</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0586'>586</a>.</p>
14044MILITARY AND EMERGENCY LAWS1MILITARY LAWS OF VIRGINIA13General Provisions§ 44-121Repealed.<p>Repealed by Acts 2009, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0108'>108</a>, cl. 1.</p>
14144MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-123Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
14244MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-123.2Fort Pickett Reservation created; venue.<p>A. All those lands and improvements thereon constituting the special maritime and territorial jurisdiction of the United States formerly known as Fort Pickett, Virginia, shall specifically include but not be limited to those lands licensed by the Department of the Army to the Virginia Army National Guard on October 1, 1997, approximating 41,000 acres known as the Fort Pickett Maneuver Training Center, as well as those lands designated for transfer to the Nottoway County Local Reuse Authority by the United States Base Realignment and Closure Commission of 1996 approximating 4,100 acres, are hereby designated as the Fort Pickett Reservation.</p><p>B. Venue for all civil, criminal and traffic matters occurring on the Fort Pickett Reservation shall lie in Nottoway County.</p><p>2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0296'>296</a>.</p>
14344MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-123.3Fort Pickett Police; powers; duties; functions.<p>There is hereby established within the Department of Military Affairs the Fort Pickett Police Department. The Fort Pickett Police may exercise within the limits of the Fort Pickett Reservation and, when assigned to any other property owned or controlled by the Commonwealth or any agency, department, institution or commission thereof, all the powers, duties and functions that are exercised by the police of the city, or the police or sheriff of the county within which said property is located. The jurisdiction of the Fort Pickett Police shall further extend 300 feet beyond the boundary of any property they are required to protect, such jurisdiction to be concurrent with that of other law-enforcement officers of the locality in which such property is located. The Fort Pickett Police shall refer any complaint which alleges a felony violation to the Virginia State Police or the sheriff of the appropriate jurisdiction who, in cooperation with the Fort Pickett Police, shall conduct an investigation if an investigation is warranted. All members of the Fort Pickett Police shall be subject to the provisions of § <a href='http://law.lis.virginia.gov/vacode/2.2-1202.1/'>2.2-1202.1</a> and Chapter 5 (§ <a href='http://law.lis.virginia.gov/vacode/9.1-500/'>9.1-500</a> et seq.) of Title 9.1. The Fort Pickett Police Department shall be under the supervision of the Adjutant General, or his designee. The pay structure for the officers and supervisors of the Fort Pickett Police Department shall be the same as that set by the Compensation Board for sheriffs' offices.</p><p>2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0296'>296</a>; 2012, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0803'>803</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0835'>835</a>.</p>
14444MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-124Repealed.<p>Repealed by Acts 1976, c. 266.</p>
14544MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-124.1Power of Adjutant General to acquire and maintain property.<p>The Adjutant General may acquire for and in the name of the Commonwealth, by gift, grant, appropriation, purchase such real or personal property as is necessary for the maintenance of, the training and administration of, the logistical support of, and the safeguarding of property in the care, custody or control of the Department of Military Affairs when such real or personal property is reasonably necessary to carry out and perform the duties required by this chapter and the duties of the office of the Adjutant General. The Adjutant General may make such acquisitions in cooperation with counties, cities, or incorporated towns, private corporations, voluntary incorporated or unincorporated associations or individuals, the United States or other states or commonwealths of the United States. The Adjutant General may provide for the day-to-day operation and maintenance of said facilities to include but not limited to heat, water, light, telephone service, sewer and other costs of operation, including insurance, and may in a like manner make additions, alterations and improvements to said facilities.</p><p>1976, c. 266.</p>
14644MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§§ 44-125 through 44-128Repealed.<p>Repealed by Acts 1976, c. 266.</p>
14744MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-129Joint use of public buildings for armories.<p>The governing body of any county, city or incorporated town, wherein a unit or units of the Virginia National Guard have been, or may hereafter be established, may either severally, or acting jointly with each other, or with the Adjutant General, construct or acquire by purchase, contract, lease, gift, donation or condemnation, grounds and/or buildings which shall be suitable for public assemblages, conventions, exhibitions and entertainments; provided, that such buildings, or the plans and specifications therefor, are first approved by the Adjutant General as suitable for use as armories by such National Guard units; provided further, that such governing bodies or either of them, shall have contracted with the Adjutant General for the use of such buildings as an armory by such National Guard unit or units upon terms not inconsistent with this chapter.</p><p>1932, p. 759; Michie Code 1942, § 2673(112); R. P. 1948, § 44-129; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
14844MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-130Public grounds for armory building purposes.<p>Any municipality or county owning lands on which no permanent building has been actually constructed whether such lands constitute part of a park or site for some public structure, is authorized to convey the same to the Commonwealth for use as a site for an armory for the Virginia National Guard; provided, that such conveyance will not prevent the reasonable use of any such structure for the purpose for which it was constructed.</p><p>1932, p. 760; Michie Code 1942, § 2673(113); R. P. 1948, § 44-130.</p>
14944MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-131Military property exempt from taxation.<p>All property actually used for armory and military training purposes, as hereinabove defined, shall be exempt from all taxation, impost or assessment.</p><p>1932, p. 760; Michie Code 1942, § 2673(114); R. P. 1948, § 44-131.</p>
15044MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-132Power of condemnation.<p>The power of condemnation herein granted to the Adjutant General and to counties, cities and incorporated towns, shall be exercised in the manner prescribed in the Code of Virginia.</p><p>1932, p. 760; Michie Code 1942, § 2673(115); R. P. 1948, § 44-132.</p>
15144MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-133Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
15244MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-134Management and care of armories and training areas.<p>The Adjutant General shall be responsible for the general management and care of armories and drill and training areas, and shall have the power to adopt and prescribe such rules and regulations for the management and government and for the guidance of the organizations occupying them as may be necessary and desirable; but such rules are not to conflict with the provisions of this chapter.</p><p>1932, p. 760; Michie Code 1942, § 2673(117); R. P. 1948, § 44-134.</p>
15344MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-134.1Repealed.<p>Repealed by Acts 1981, c. 219.</p>
15444MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-135Repealed.<p>Repealed by Acts 1976, c. 266.</p>
15544MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-135.1Armory control board for each armory; temporary renting.<p>Each armory erected or provided by the Commonwealth under the provisions of this chapter, excepting those armories or logistical support facilities provided for by license agreement with the United States, shall have an armory control board appointed by the Adjutant General to consist of one or more officers of the organization or organizations quartered therein, and any other persons deemed necessary by the Adjutant General. Such board of control may rent the armory and any temporary quarters or billeting facilities thereon for temporary purposes, subject to any regulations or conditions that may be prescribed by the Adjutant General or such board of control. The money derived from the rental shall be placed in a special revenue interest-earning fund, and properly accounted for. Any nonappropriated funds and interest earned from such funds shall be used to defray the cost of operating, improving, and maintaining such armory and its facilities. Any money remaining in the fund at the end of the fiscal year shall not revert to the general fund but shall remain in the fund.</p><p>1976, c. 266; 1996, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0137'>137</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0802'>802</a>.</p>
15644MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-136Sale or lease of armories.<p>When the Adjutant General shall receive information from the Governor of the disbandment of an organization of the National Guard occupying or using an armory provided by the Commonwealth under the direction of the Adjutant General, he shall determine whether such armory shall be sold or not, and if it is determined that such armory be sold after due publication as prescribed by the laws of the Commonwealth for the sale of real estate under a deed of trust, it shall be sold at public auction for the highest price to be paid for same, and upon such terms and conditions as may seem best to the Adjutant General. The proceeds of such sale shall be divided between the Commonwealth, county, city or individual, as their interest may appear.</p><p>In case an armory becomes vacant by any reason mentioned in this section, the Adjutant General may lease such armory for a period not to exceed one year, or, when duly authorized by the Governor, may lease the same for a period of years, the proceeds due the Commonwealth therefrom in either case to be turned into the state treasury to be credited to the Armory Fund. Should there be other owner or owners than the Commonwealth then the balance of the proceeds shall be equitably turned over to them as their interest may appear. During the time that the troops quartered in an armory are absent from their home station, in federal service, the armory may be leased as above provided, but not sold.</p><p>1932, p. 761; Michie Code 1942, § 2673(118); R. P. 1948, § 44-136; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
15744MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-137City and county aid.<p>Every city and county in the Commonwealth having an active National Guard or Virginia Defense Force organization or organizations is authorized to render such financial assistance as it may deem wise and patriotic to such organization or organizations, either by donating land or buildings, or donating the use of land or buildings, or by contributing to their equipment and maintenance.</p><p>1932, p. 761; Michie Code 1942, § 2673(119); R. P. 1948, § 44-137; 1976, c. 266; 2014, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0030'>30</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0547'>547</a>; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>.</p>
15844MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-138Maintenance funds.<p>In order that there shall be provided maintenance funds for armories and other buildings erected, and areas provided for drill and training and other military purposes under the provisions of this chapter, the Adjutant General is authorized to draw a voucher for such funds, to be paid from any appropriation provided.</p><p>1932, p. 761; Michie Code 1942, § 2673(120); R. P. 1948, § 44-138.</p>
15944MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-139Reversions of donations.<p>In the event that any real property is donated, deeded, or otherwise conveyed for a nominal sum to the Commonwealth, Department of Military Affairs, Virginia National Guard, Virginia Army or Air National Guard, Virginia Defense Force, or a subordinate element of any such entity under the provisions of this chapter for the purpose of supporting Virginia National Guard or Virginia Defense Force operations, and the organization shall fail to accept such property, or shall, after accepting it, upon determination by the Adjutant General, no longer require the property to support the organization's mission, the title to the property thus donated, deeded, or otherwise conveyed may, at the discretion of the Adjutant General, revert to the person, county, or municipality donating such property as their interest may appear. If the Adjutant General chooses not to allow the reversion or if the person, county, or municipality declines to reacquire such property, it shall be declared excess.</p><p>1932, p. 761; Michie Code 1942, § 2673(121); R. P. 1948, § 44-139; 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>; 2018, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0647'>647</a>.</p>
16044MILITARY AND EMERGENCY LAWS2Armories, Buildings and Grounds§ 44-140Liberal construction.<p>This chapter shall be liberally construed in favor of its purposes.</p><p>1932, p. 762; Michie Code 1942, § 2673(123); R. P. 1948, § 44-140.</p>
16144MILITARY AND EMERGENCY LAWS3CIVIL DEFENSE [Repealed]§§ 44-141 through 44-146.1Repealed.<p>Repealed by Acts 1973, c. 260.</p>
16244MILITARY AND EMERGENCY LAWS3.1POST-ATTACK RESOURCE MANAGEMENT ACT [Repealed]§§ 44-146.2 through 44-146.12Repealed.<p>Repealed by Acts 1975, c. 11.</p>
16344MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.14Findings of General Assembly.<p>(a) Because of the ever present possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, resource shortage, or from fire, flood, earthquake, or other natural causes, and in order to insure that preparations of the Commonwealth and its political subdivisions will be adequate to deal with such emergencies, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property and economic well-being of the people of the Commonwealth, it is hereby found and declared to be necessary and to be the purpose of this chapter:</p><p>(1) To create a State Department of Emergency Management, and to authorize the creation of local organizations for emergency management in the political subdivisions of the Commonwealth;</p><p>(2) To confer upon the Governor and upon the executive heads or governing bodies of the political subdivisions of the Commonwealth emergency powers provided herein; and</p><p>(3) To provide for rendering of mutual aid among the political subdivisions of the Commonwealth and with other states and to cooperate with the federal government with respect to the carrying out of emergency service functions.</p><p>(b) It is further declared to be the purpose of this chapter and the policy of the Commonwealth that all emergency service functions of the Commonwealth be coordinated to the maximum extent possible with the comparable functions of the federal government, other states, and private agencies of every type, and that the Governor shall be empowered to provide for enforcement by the Commonwealth of national emergency services programs, to the end that the most effective preparation and use may be made of the nation's resources and facilities for dealing with any disaster that may occur.</p><p>1973, c. 260; 1974, c. 4; 1975, c. 11; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>.</p>
16444MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.15Construction of chapter.<p>Nothing in this chapter is to be construed to:</p><p>(1) Limit, modify, or abridge the authority of the Governor to exercise any powers vested in him under other laws of this Commonwealth independent of, or in conjunction with, any provisions of this chapter;</p><p>(2) Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with actual or pending disaster;</p><p>(3) Empower the Governor, any political subdivision, or any other governmental authority to in any way limit or prohibit the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the otherwise lawful possession, carrying, transportation, sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;</p><p>(4) Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States or any personnel thereof, when on active duty; but state, local and interjurisdictional agencies for emergency services shall place reliance upon such forces in the event of declared disasters; or</p><p>(5) Interfere with the course of conduct of a labor dispute except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.</p><p>1973, c. 260; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>; 2006, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0458'>458</a>; 2012, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0042'>42</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0158'>158</a>.</p>
16544MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.17:1Transmittal to General Assembly of rules, regulations, and orders.<p>The Governor shall cause copies of any order, rule, or regulation proclaimed and published by him pursuant to § <a href='http://law.lis.virginia.gov/vacode/44-146.17/'>44-146.17</a> to be transmitted forthwith to each member of the General Assembly.</p><p>1981, c. 160.</p>
16644MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.17:1.1Certain emergency orders; additional requirements.<p>In any case in which an order declaring a state of emergency relating to a communicable disease of public health threat, or successive related orders, issued by the Governor pursuant to subdivision (1) of § <a href='/vacode/44-146.17/'>44-146.17</a> includes any measure that closes schools or businesses or restricts the movement of healthy persons within the area to which the order applies for more than seven days, all of the rights, protections, and procedures of Article 3.02 (§ <a href='/vacode/32.1-48.05/'>32.1-48.05</a> et seq.) of Chapter 2 of Title 32.1 shall apply.</p><p>2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0785'>785</a>.</p>
16744MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.17:2Annual statewide drill.<p>The Governor shall conduct an annual statewide drill on response to a large-scale disaster, including electrical power outages. Such drill shall include the participation of local governments, affected state agencies, public utilities, law-enforcement agencies, and other entities as determined by the Governor.</p><p>2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0430'>430</a>; 2019, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0615'>615</a>.</p>
16844MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.18:1Virginia Disaster Response Funds disbursements; reimbursements.<p>There is hereby created a nonlapsing revolving fund which shall be maintained as a separate special fund account within the state treasury, and administered by the Coordinator of Emergency Management, consistent with the purposes of this chapter. All expenses, costs, and judgments recovered pursuant to this section, and all moneys received as reimbursement in accordance with applicable provisions of federal law, shall be paid into the fund. Additionally, an annual appropriation to the fund from the general fund or other unrestricted nongeneral fund, in an amount determined by the Governor, may be authorized to carry out the purposes of this chapter. All recoveries from occurrences prior to March 10, 1983, and otherwise qualifying under this section, received subsequent to March 10, 1983, shall be paid into the fund. No moneys shall be credited to the balance in the fund until they have been received by the fund. An accounting of moneys received and disbursed shall be kept and furnished to the Governor or the General Assembly upon request.</p><p>Disbursements from the fund may be made for the following purposes and no others:</p><p>1. For costs and expenses, including, but not limited to personnel, administrative, and equipment costs and expenses directly incurred by the Department of Emergency Management or by any other state agency or political subdivision or other entity, acting at the direction of the Coordinator of Emergency Management, in and for preventing or alleviating damage, loss, hardship, or suffering caused by emergencies, resource shortages, or disasters; and</p><p>2. For procurement, maintenance, and replenishment of materials, equipment, and supplies, in such quantities and at such location as the Coordinator of Emergency Management may deem necessary to protect the public peace, health, and safety and to preserve the lives and property and economic well-being of the people of the Commonwealth; and</p><p>3. For costs and expenses incurred by the Department of Emergency Management or by any other state agency or political subdivision or other entity, acting at the direction of the Coordinator of Emergency Management, in the recovery from the effects of a disaster or in the restoration of public property or facilities.</p><p>The Coordinator of Emergency Management shall promptly seek reimbursement from any person causing or contributing to an emergency or disaster for all sums disbursed from the fund for the protection, relief and recovery from loss or damage caused by such person. In the event a request for reimbursement is not paid within 60 days of receipt of a written demand, the claim shall be referred to the Attorney General for collection. The Coordinator of Emergency Management shall be allowed to recover all legal and court costs and other expenses incident to such actions for collection. The Coordinator is authorized to recover any sums incurred by any other state agency or political subdivision acting at the direction of the Coordinator as provided in this paragraph.</p><p>1983, c. 48; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>; 2008, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0121'>121</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0157'>157</a>.</p>
16944MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.18:2Authority of Coordinator of Emergency Management in undeclared emergency.<p>In an emergency which does not warrant a gubernatorial declaration of a state of emergency, the Coordinator of Emergency Management, after consultation with and approval of the Secretary of Public Safety and Homeland Security, may enter into contracts and incur obligations necessary to prevent or alleviate damage, loss, hardship, or suffering caused by such emergency and to protect the health and safety of persons and property. In exercising the powers vested by this section, the Coordinator may proceed without regard to normal procedures pertaining to entering into contracts, incurring of obligations, rental of equipment, purchase of supplies and materials, and expenditure of public funds; however, mandatory constitutional requirements shall not be disregarded.</p><p>1985, c. 443; 1990, cc. 1, 317; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>; 2014, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0115'>115</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0490'>490</a>.</p>
17044MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.18:4State Coordinator of Emergency Management responsible for annual Virginia Comprehensive Emergency Management Report.<p>A. The Department of Emergency Management (the Department) shall create a comprehensive tabulated annual report, known as the Virginia Comprehensive Emergency Management Report (the Report), that shall include the annual Threat Hazard Identification Risk and Assessment (THIRA) report that the Department submits to the Federal Emergency Management Agency (FEMA), as well as information on the following:</p><p>1. The current readiness of Virginia's search and rescue efforts;</p><p>2. The jurisdictions that received financial assistance during the prior fiscal year because they were located in an area declared to be in a state of emergency, but not declared to be a major disaster area for which federal assistance was provided, and the amount each such jurisdiction received;</p><p>3. The status of the Commonwealth's emergency shelter capabilities and readiness;</p><p>4. All assets received during the prior fiscal year as a result of a law-enforcement seizure and subsequent forfeiture by either a state or federal court and their estimated net worth;</p><p>5. The forfeiture of federal grant funding by any state agency that is required to return such funding as a result of not fulfilling the specifications of a grant;</p><p>6. The results of the annual statewide drill conducted by the Governor in accordance with § <a href='/vacode/44-146.17:2/'>44-146.17:2</a> in preparation for a potential large-scale disaster;</p><p>7. The number and types of training and exercises related to man-made and natural disaster preparedness that were conducted by the Department, the costs associated with such training and exercises, and the challenges and barriers to ensuring that state and local agencies are able and ready to respond to emergencies and natural disasters;</p><p>8. The mandates administered by state agencies and imposed on local governments, an estimate of the fiscal impact of the mandates on the affected local governments, and a written justification as to why the mandate should or should not be eliminated;</p><p>9. The status of continuity of operations programs, plans, and systems of the Commonwealth's executive branch agencies. Such plans shall include a description of how the agency or institution of higher education will continue to provide essential services or perform mission essential functions during a disaster or other event that disrupts normal operations;</p><p>10. The state of the Commonwealth's emergency prevention, protection, mitigation, response, and recovery efforts and the resources necessary to implement them; and</p><p>11. The status of emergency management response plans throughout the Commonwealth and other measures taken or recommended to prevent, respond to, or recover from disasters, including acts of terrorism. Information submitted in accordance with the procedures set forth in subdivision 14 of § <a href='/vacode/2.2-3705.2/'>2.2-3705.2</a> shall not be disclosed unless:</p><p>a. It is requested by law-enforcement authorities in furtherance of an official investigation or the prosecution of a criminal act;</p><p>b. The agency holding the record is served with a proper judicial order; or</p><p>c. The agency holding the record has obtained written consent to release the information from the Department.</p><p>B. The State Coordinator of Emergency Management shall compile and submit the Report to the Secretary of Public Safety and Homeland Security, and shall provide copies to the Chairmen of the Senate Committee on Finance and Appropriations, the Senate Committee on the Judiciary, the House Committee on Appropriations, and the House Committee on Public Safety, by November 1 of each year. All state and local agencies of the Commonwealth shall provide information and assistance to the State Coordinator of Emergency Management, upon request.</p><p>C. The Report may, with the concurrence of the Governor, include sensitive information, which shall be excluded from disclosure in accordance with subdivisions 2, 3, 4, and 6 of § <a href='/vacode/2.2-3705.2/'>2.2-3705.2</a> and which, if revealed publicly, would jeopardize or compromise security plans and procedures in the Commonwealth designed to protect (i) the public or (ii) public or private critical infrastructure. Any sensitive information presented to any committee of the General Assembly shall be discussed in a closed meeting as provided in subdivision A 19 of § <a href='/vacode/2.2-3711/'>2.2-3711</a>.</p><p>2019, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0615'>615</a>.</p>
17144MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.18:5Division of Public Safety Communications established; appointment of Virginia Public Safety Communications Coordinator; duties of Division.<p>A. There is established within the Department of Emergency Management a Division of Public Safety Communications (the Division), which shall be headed by a Virginia Public Safety Communications Coordinator, appointed by the State Coordinator with the advice and consent of the 9-1-1 Services Board. The Division shall consist of such personnel as the State Coordinator deems necessary. The operating expenses, administrative costs, and salaries of the employees of the Division shall be paid from the Wireless E-911 Fund created pursuant to § <a href='/vacode/56-484.17/'>56-484.17</a>.</p><p>B. The Division shall provide staff support to the 9-1-1 Services Board and encourage, promote, and assist in the development and deployment of statewide enhanced emergency telecommunications systems.</p><p>2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0423'>423</a>.</p>
17244MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.18:7GIS Fund created.<p>There is hereby created in the state treasury a special nonreverting fund to be known as the GIS Fund, hereafter referred to as the Fund. The Fund shall be established on the books of the Comptroller. All moneys collected pursuant to subsection C of § <a href='/vacode/44-146.18:6/'>44-146.18:6</a> shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes set forth in this article. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the State Coordinator of Emergency Management.</p><p>2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0423'>423</a>.</p>
17344MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.18:8Additional powers and duties of the State Coordinator of Emergency Management.<p>The State Coordinator of Emergency Management shall, on the recommendation of the Division Coordinator, (i) receive and disburse funds; (ii) enter into contracts for the purpose of carrying out the provisions of this article; and (iii) rent office space and procure equipment, goods, and services that are necessary to carry out the provisions of § <a href='/vacode/44-146.18:6/'>44-146.18:6</a>.</p><p>2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0423'>423</a>.</p>
17444MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.18:9Nonstock corporation to assist in the development of GIS data.<p>The Department of Emergency Management is hereby authorized to establish a nonstock corporation under Chapter 10 (§ <a href='/vacode/13.1-801/'>13.1-801</a> et seq.) of Title 13.1 as an instrumentality to assist the Department of Emergency Management and the Division in the development and acquisition of geographic data and statewide base map data. On or before December 1 of each year, the Department of Emergency Management shall report on the activities of the nonstock corporation to the Governor and the General Assembly.</p><p>2020, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0423'>423</a>.</p>
17544MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.19Powers and duties of political subdivisions.<p>A. Each political subdivision within the Commonwealth shall be within the jurisdiction of and served by the Department of Emergency Management and be responsible for local disaster mitigation, preparedness, response, and recovery. Each political subdivision shall maintain in accordance with state disaster preparedness plans and programs an agency of emergency management which, except as otherwise provided under this chapter, has jurisdiction over and services the entire political subdivision.</p><p>B. Each political subdivision shall have a director of emergency management who, after the term of the person presently serving in this capacity has expired and in the absence of an executive order by the Governor, shall be the following:</p><p>1. In the case of a city, the mayor or city manager, who shall appoint a coordinator of emergency management with consent of council;</p><p>2. In the case of a county, a member of the board of supervisors selected by the board or the chief administrative officer for the county, who shall appoint a coordinator of emergency management with the consent of the governing body;</p><p>3. A coordinator of emergency management shall be appointed by the council of any town to ensure integration of its organization into the county emergency management organization;</p><p>4. In the case of the Towns of Chincoteague and West Point and of towns with a population in excess of 5,000 having an emergency management organization separate from that of the county, the mayor or town manager shall appoint a coordinator of emergency services with consent of council;</p><p>5. In Smyth County and in York County, the chief administrative officer for the county shall appoint a director of emergency management, with the consent of the governing body, who shall appoint a coordinator of emergency management with the consent of the governing body.</p><p>C. Whenever the Governor has declared a state of emergency, each political subdivision within the disaster area may, under the supervision and control of the Governor or his designated representative, control, restrict, allocate, or regulate the use, sale, production, and distribution of food, fuel, clothing, and other commodities, materials, goods, services, and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property, and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.</p><p>D. The director of each local organization for emergency management may, in collaboration with (i) other public and private agencies within the Commonwealth or (ii) other states or localities within other states, develop or cause to be developed mutual aid arrangements for reciprocal assistance in case of a disaster too great to be dealt with unassisted. Such arrangements shall be consistent with state plans and programs and it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual aid arrangements. Except where a mutual aid arrangement for reciprocal assistance exists between localities, no locality shall prohibit another locality from providing emergency medical services across local boundaries solely on the basis of financial considerations.</p><p>E. Each local and interjurisdictional agency shall prepare and keep current a local or interjurisdictional emergency operations plan for its area. The plan shall include, but not be limited to, responsibilities of all local agencies and shall establish a chain of command, and a provision that the Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be contacted immediately to deploy assistance in the event of an emergency as defined in the emergency response plan when there are victims as defined in § <a href='/vacode/19.2-11.01/'>19.2-11.01</a>. The Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be the lead coordinating agencies for those individuals determined to be victims, and the plan shall also contain current contact information for both agencies. Such plan shall also contain provisions to ensure that the plan is applied equitably and that the needs of minority and vulnerable communities are met during emergencies. Every four years, each local and interjurisdictional agency shall conduct a comprehensive review and revision of its emergency operations plan to ensure that the plan remains current, and the revised plan shall be formally adopted by the locality's governing body. In the case of an interjurisdictional agency, the plan shall be formally adopted by the governing body of each of the localities encompassed by the agency. Each political subdivision having a nuclear power station or other nuclear facility within 10 miles of its boundaries shall, if so directed by the Department of Emergency Management, prepare and keep current an appropriate emergency plan for its area for response to nuclear accidents at such station or facility.</p><p>F. All political subdivisions shall provide (i) an annually updated emergency management assessment and (ii) data related to emergency sheltering capabilities, including emergency shelter locations, evacuation zones, capacity by person, medical needs capacity, current wind rating, standards compliance, backup power, and lead agency for staffing, to the State Coordinator of Emergency Management on or before August 1 of each year.</p><p>G. By July 1, 2005, all localities with a population greater than 50,000 shall establish an alert and warning plan for the dissemination of adequate and timely warning to the public in the event of an emergency or threatened disaster. The governing body of the locality, in consultation with its local emergency management organization, shall amend its local emergency operations plan that may include rules for the operation of its alert and warning system, to include sirens, Emergency Alert System (EAS), NOAA Weather Radios, or other personal notification systems, amateur radio operators, or any combination thereof.</p><p>H. Localities that have established an agency of emergency management shall have authority to require the review of, and suggest amendments to, the emergency plans of nursing homes, assisted living facilities, adult day care centers, and child day care centers that are located within the locality.</p><p>1973, c. 260; 1974, c. 4; 1975, c. 11; 1978, c. 495; 1982, c. 5; 1990, cc. 404, 945; 1993, cc. 621, 671, 781; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>; 2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0622'>622</a>; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0302'>302</a>; 2005, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0006'>6</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0205'>205</a>; 2006, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0138'>138</a>; 2007, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0097'>97</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0129'>129</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0138'>138</a>; 2009, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0222'>222</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0269'>269</a>; 2012, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0418'>418</a>; 2018, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0228'>228</a>; 2020, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0094'>94</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1021'>1021</a>; 2021, Sp. Sess. I, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0027'>27</a>; 2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0217'>217</a>.</p>
17644MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.20Joint action by political subdivisions.<p>If two or more political subdivisions find that disaster operation plans and programs would be better served by interjurisdictional arrangements in planning for, preventing, or responding to disaster in that area, then direct steps may be taken as necessary, including creation of an interjurisdictional relationship, a joint emergency operations plan, mutual aid, or such other activities as necessary for planning and services. Any political subdivision may provide or receive assistance in the event of a disaster or emergency, pursuant to this chapter, under the provisions of any local mutual aid agreement or by the Statewide Mutual Aid program if agreed to by resolution of the governing body. The action of the governing body may include terms and conditions deemed necessary by the governing body for participation in the program. The governing body may withdraw from participation in the Statewide Mutual Aid program by adoption of a resolution or ordinance upon a finding that participation is no longer in the public interest. The locality shall immediately notify the State Coordinator of Emergency Services of the adoption of a participation or withdrawal resolution.</p><p>1973, c. 260; 2000, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0437'>437</a>.</p>
17744MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.21Declaration of local emergency.<p>A. A local emergency may be declared by the local director of emergency management with the consent of the governing body of the political subdivision. In the event the governing body cannot convene due to the disaster or other exigent circumstances, the director, or in his absence, the deputy director, or in the absence of both the director and deputy director, any member of the governing body may declare the existence of a local emergency, subject to confirmation by the governing body at its next regularly scheduled meeting or at a special meeting within 45 days of the declaration, whichever occurs first. The governing body, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency.</p><p>B. A declaration of a local emergency as defined in § <a href='http://law.lis.virginia.gov/vacode/44-146.16/'>44-146.16</a> shall activate the local Emergency Operations Plan and authorize the furnishing of aid and assistance thereunder.</p><p>C. Whenever a local emergency has been declared, the director of emergency management of each political subdivision or any member of the governing body in the absence of the director, if so authorized by the governing body, may control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the boundaries of that jurisdiction and which do not impact systems affecting adjoining or other political subdivisions, enter into contracts and incur obligations necessary to combat such threatened or actual disaster, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster, and proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and other expenditures of public funds, provided such funds in excess of appropriations in the current approved budget, unobligated, are available. Whenever the Governor has declared a state of emergency, each political subdivision affected may, under the supervision and control of the Governor or his designated representative, enter into contracts and incur obligations necessary to combat such threatened or actual disaster beyond the capabilities of local government, protect the health and safety of persons and property and provide emergency assistance to the victims of such disaster. In exercising the powers vested under this section, under the supervision and control of the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law pertaining to public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and expenditure of public funds.</p><p>D. No interjurisdictional agency or official thereof may declare a local emergency. However, an interjurisdictional agency of emergency management shall provide aid and services to the affected political subdivision authorizing such assistance in accordance with the agreement as a result of a local or state declaration.</p><p>E. None of the provisions of this chapter shall apply to the Emergency Disaster Relief provided by the American Red Cross or other relief agency solely concerned with the provision of service at no cost to the citizens of the Commonwealth.</p><p>1973, c. 260; 1974, c. 4; 1975, c. 11; 1976, c. 594; 1986, c. 24; 1990, c. 945; 1994, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0075'>75</a>; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>; 2016, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0555'>555</a>.</p>
17844MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.22Development of measures to prevent or reduce harmful consequences of disasters; disclosure of information.<p>A. In addition to disaster prevention measures included in state, local and interjurisdictional emergency operations plans, the Governor shall consider, on a continuing basis, hazard mitigation or other measures that could be taken to prevent or reduce the harmful consequences of disasters. At his direction, and pursuant to any other authority, state agencies, including, but not limited to, those charged with responsibilities in connection with floodplain management, stream encroachment and flow regulation, weather modification, fire prevention and control, air quality, public works, critical infrastructure protection, land use and land-use planning, and construction standards, shall make studies of disaster prevention. The Governor, from time to time, shall make recommendations to the General Assembly, local governments, and other appropriate public and private entities as may facilitate measures for prevention or reduction of the harmful consequences of disasters.</p><p>B. The Governor or agencies acting on his behalf may receive information, voluntarily submitted from both public and nonpublic entities, related to the protection of the nation's critical infrastructure sectors and components that are located in Virginia or affect the health, safety, and welfare of the citizens of Virginia. Information submitted by any public or nonpublic entity in accordance with the procedures set forth in subdivision 14 of § <a href='http://law.lis.virginia.gov/vacode/2.2-3705.2/'>2.2-3705.2</a> shall not be disclosed unless:</p><p>1. It is requested by law-enforcement authorities in furtherance of an official investigation or the prosecution of a criminal act;</p><p>2. The agency holding the record is served with a proper judicial order; or</p><p>3. The agency holding the record has obtained the written consent to release the information from the entity voluntarily submitting it.</p><p>1973, c. 260; 1974, c. 4; 1975, c. 11; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>; 2003, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0848'>848</a>; 2004, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0690'>690</a>; 2017, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0778'>778</a>.</p>
17944MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.23Immunity from liability.<p>A. Neither the Commonwealth, nor any political subdivision thereof, nor federal agencies, nor other public or private agencies, nor, except in cases of willful misconduct, public or private employees, nor representatives of any of them, engaged in any emergency services activities, while complying with or attempting to comply with this chapter or any rule, regulation, or executive order promulgated pursuant to the provisions of this chapter, shall be liable for the death of, or any injury to, persons or damage to property as a result of such activities. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the Workers' Compensation Act (§ <a href='http://law.lis.virginia.gov/vacode/65.2-100/'>65.2-100</a> et seq.), or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. For the purposes of the immunity conferred by this subsection, representatives of public or private employees shall include, but shall not be limited to, volunteers in state and local services who are persons who serve in a Medical Reserve Corps (MRC) unit or on a Community Emergency Response Team (CERT).</p><p>B. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons, of emergency access or of other uses relating to emergency services shall, together with his successors in interest, if any, not be liable for negligently causing the death of, or injury to any person on or about such real estate or premises or for loss of or damage to the property of any person on or about such real estate or premises during such actual or impending disaster.</p><p>C. If any person holds a license, certificate, or other permit issued by any state, or political subdivision thereof, evidencing the meeting of qualifications for professional, mechanical, or other skills, the person, without compensation other than reimbursement for actual and necessary expenses, may render aid involving that skill in the Commonwealth during a disaster, and such person shall not be liable for negligently causing the death of, or injury to, any person or for the loss of, or damage to, the property of any person resulting from such service.</p><p>D. No person, firm or corporation which gratuitously services or repairs any electronic devices or equipment under the provisions of this section after having been approved for the purposes by the State Coordinator shall be liable for negligently causing the death of, or injury to, any person or for the loss of, or damage to, the property of any person resulting from any defect or imperfection in any such device or equipment so gratuitously serviced or repaired.</p><p>E. Notwithstanding any law to the contrary, no individual, partnership, corporation, association, or other legal entity shall be liable in civil damages as a result of acts taken voluntarily and without compensation in the course of rendering care, assistance, or advice with respect to an incident creating a danger to person, property, or the environment as a result of an actual or threatened discharge of a hazardous substance, or in preventing, cleaning up, treating, or disposing of or attempting to prevent, clean up, treat, or dispose of any such discharge, provided that such acts are taken under the direction of state or local authorities responding to the incident. This section shall not preclude liability for civil damages as a result of gross negligence, recklessness or willful misconduct. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the Workers' Compensation Act (§ <a href='http://law.lis.virginia.gov/vacode/65.2-100/'>65.2-100</a> et seq.), or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. The immunity provided by the provisions of this paragraph shall be in addition to, not in lieu of, any immunities provided by § <a href='http://law.lis.virginia.gov/vacode/8.01-225/'>8.01-225</a>.</p><p>F. No individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, fraternal organization, religious organization, charitable organization, or any other legal or commercial entity and any successor, officer, director, representative, or agent thereof, who, without compensation other than reimbursement for actual and necessary expenses, provides services, goods, real or personal property, or facilities:</p><p>1. Pursuant to a Governor-declared emergency or during a formal exercise or training of the State Department of Emergency Management or a responsible county or city emergency management entity; and</p><p>2. At the request and direction of the State Department of Emergency Management or a county or city employee whose responsibilities include emergency management;</p><p>shall be liable for the death of or injury to any person or for the loss of, or damage to, the property of any person where such death, injury, loss, or damage was proximately caused by the circumstances of the actual emergency or its subsequent conditions, or the circumstances of the formal exercise or training if such formal exercise or training simulates conditions of an actual emergency. This subsection shall not preclude liability for civil damages as a result of gross negligence, recklessness, or willful misconduct. The immunities of this subsection shall not extend to any manufacturer or to any retailer or distributor substantially involved in the manufacture or design of any product or good. The provisions of this subsection shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the Workers' Compensation Act (§ <a href='http://law.lis.virginia.gov/vacode/65.2-100/'>65.2-100</a> et seq.), or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. The immunity provided by this subsection shall be in addition to, and not in lieu of, any immunities provided by § <a href='http://law.lis.virginia.gov/vacode/8.01-225/'>8.01-225</a>.</p><p>1973, c. 260; 1979, c. 193; 1984, c. 743; 2005, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0474'>474</a>; 2008, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0121'>121</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0157'>157</a>; 2009, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0233'>233</a>.</p>
18044MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.24Cooperation of public agencies.<p>In carrying out the provisions of the chapter, the Governor, the heads of state agencies, the local directors and governing bodies of the political subdivisions of the Commonwealth are directed to utilize the services, equipment, supplies and facilities of existing departments, offices, and agencies of the Commonwealth and the political subdivisions thereof to the maximum extent practicable consistent with state and local emergency operation plans. The officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the Governor and to the State Department of Emergency Management upon request.</p><p>1973, c. 260; 1974, c. 4; 1975, c. 11; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>.</p>
18144MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.25Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
18244MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.26Duties of emergency management organizations.<p>It shall be the duty of every organization for emergency management established pursuant to this chapter and of the officers thereof to execute and enforce such orders, rules and regulations as may be made by the Governor under authority of this chapter. Each organization shall have available for inspection at its office all such orders, rules and regulations.</p><p>1973, c. 260; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>.</p>
18344MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.27Supplementing federal funds; assistance of federal agencies; acceptance of gifts and services; appropriations by local governing bodies.<p>A. If the federal government allots funds for the payment of a portion of any disaster programs, projects, equipment, supplies or materials or other related costs, the remaining portion may be paid with a combination of state and local funds available for this purpose and consistent with state emergency management plans and program priorities.</p><p>B. Whenever the federal government or any agency or officer thereof offers to the Commonwealth, or through the Commonwealth to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan for purposes of emergency services, the Commonwealth, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through its local director or governing body, may accept such offer and agree to the terms of the offer and the rules and regulations, if any, of the agency making the offer, including, but not limited to, requirements to hold and save the United States free from damages and to indemnify the federal government against any claims arising from the services, equipment, supplies, materials, or funds provided. Upon such acceptance, the Governor or local director or governing body of such political subdivision may authorize any officer of the Commonwealth or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the Commonwealth or such political subdivision, in accordance with the terms of the agreement, and subject to the rules and regulations, if any, of the agency making the offer.</p><p>C. Whenever any person, firm or corporation offers to the Commonwealth or to any political subdivision thereof services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of emergency management, the Commonwealth, acting through the Governor, or such political subdivision, acting through its local director or governing body, may accept such offer and upon such acceptance the Governor or local director or governing body of such political subdivision may authorize any officer of the Commonwealth or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the Commonwealth or such political subdivision, and subject to the terms of the offer.</p><p>D. The governing bodies of the counties, cities and towns are hereby authorized to appropriate funds for expenditure by any local or regional organization for emergency management established pursuant to this chapter and for local or regional disaster service activities.</p><p>1973, c. 260; 1999, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0006'>6</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0007'>7</a>; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>.</p>
18444MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.28Authority of Governor and agencies under his control in declared state of emergency.<p>A. In the case of a declaration of a state of emergency as defined in § <a href='/vacode/44-146.16/'>44-146.16</a>, the Governor is authorized to expend from all funds of the state treasury not constitutionally restricted, a sum sufficient. Allotments from such sum sufficient may be made by the Governor to any state agency or political subdivision of the Commonwealth to carry out disaster service missions and responsibilities. Allotments may also be made by the Governor from the sum sufficient to provide financial assistance to eligible applicants located in an area declared to be in a state of emergency, but not declared to be a major disaster area for which federal assistance might be forthcoming. This shall be considered as a program of last resort for those local jurisdictions that cannot meet the full cost.</p><p>The Virginia Department of Emergency Management shall establish guidelines and procedures for determining whether and to what extent financial assistance to local governments may be provided.</p><p>The guidelines and procedures shall include the following:</p><p>1. Participants may be eligible to receive financial assistance to cover a percentage of eligible costs if they demonstrate that they are incapable of covering the full cost. The percentage may vary, based on the Commission on Local Government's fiscal stress index. The cumulative effect of recent disasters during the preceding twelve months may also be considered for eligibility purposes.</p><p>2. Only eligible participants that have sustained an emergency or disaster as defined in § <a href='/vacode/44-146.16/'>44-146.16</a> with total eligible costs of $4 or more per capita may receive assistance, except that (i) any town with a total population of less than 3,500 shall be eligible for disaster assistance for incurred eligible damages of $15,000 or greater and (ii) any town with a population of 3,500 or more, but less than 5,000 shall be eligible for disaster assistance for incurred eligible damages of $20,000 or greater and (iii) any town with a population of 5,000 or greater with total eligible costs of $4 or more per capita may receive assistance. No site or facility may be included with less than $1,000 in eligible costs. However, the total cost of debris clearance may be considered as costs associated with a single site.</p><p>3. Eligible participants shall be fully covered by all-risk property and flood insurance policies, including provisions for insuring the contents of the property and business interruptions, or shall be self-insured, in order to be eligible for this assistance. Insurance deductibles shall not be covered by this program.</p><p>4. Eligible costs incurred by towns, public service authorities, volunteer fire departments, and volunteer emergency medical services agencies may be included in a county's or city's total costs.</p><p>5. Unless otherwise stated in guidelines and procedures, eligible costs are defined as those listed in the Public Assistance component of P.L. 93-288, as amended, excluding beach replenishment and snow removal.</p><p>6. State agencies, as directed by the Virginia Department of Emergency Management, shall conduct an on-site survey to validate damages and to document restoration costs.</p><p>7. Eligible participants shall maintain complete documentation of all costs in a manner approved by the Auditor of Public Accounts and shall provide copies of the documentation to the Virginia Department of Emergency Management upon request.</p><p>If a jurisdiction meets the criteria set forth in the guidelines and procedures, but is in an area that has neither been declared to be in a state of emergency nor been declared to be a major disaster area for which federal assistance might be forthcoming, the Governor is authorized, in his discretion, to make an allotment from the sum sufficient to that jurisdiction without a declaration of a state of emergency, in the same manner as if a state of emergency declaration had been made.</p><p>The Governor shall report to the Chairmen of the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, and the House Committee on Finance within 30 days of authorizing the sum sufficient pursuant to this section.</p><p>B. Public agencies under the supervision and control of the Governor may implement their emergency assignments without regard to normal procedures, except mandatory constitutional requirements, pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and expenditures of public funds.</p><p>C. Allotments may be made by the Governor from a sum sufficient to provide financial assistance to Virginia state agencies and political subdivisions responding to a declared state of emergency in another state as provided by § <a href='/vacode/44-146.17/'>44-146.17</a>, whether or not a state of emergency is declared in the Commonwealth pursuant to § <a href='/vacode/44-146.16/'>44-146.16</a>.</p><p>D. Allotments may be made by the Governor from a sum sufficient for the deployment of personnel and materials for the Virginia National Guard and the Virginia Defense Force to prepare for a response to any of the circumstances set forth in subdivisions A 1 through 5 of § <a href='/vacode/44-75.1/'>44-75.1</a>, whether or not a state of emergency is declared in the Commonwealth pursuant to § <a href='/vacode/44-146.16/'>44-146.16</a>. However, preparation authorized by this subsection shall be limited to the deployment of no more than 300 personnel and shall be limited to no more than five days, unless a state of emergency is declared.</p><p>1973, c. 260; 1974, c. 4; 1975, c. 11; 1997, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0893'>893</a>; 2000, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP1023'>1023</a>; 2007, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0729'>729</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0742'>742</a>; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0053'>53</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0069'>69</a>; 2015, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0502'>502</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0503'>503</a>; 2019, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0615'>615</a>.</p>
18544MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§ 44-146.29Expired.<p>Expired.</p>
18644MILITARY AND EMERGENCY LAWS3.2EMERGENCY SERVICES AND DISASTER LAW§§ 44-146.29:1, 44-146.29:2Expired.<p>Expired.</p>
18744MILITARY AND EMERGENCY LAWS3.3TRANSPORTATION OF HAZARDOUS RADIOACTIVE MATERIALS§ 44-146.30Department of Emergency Management to monitor transportation of hazardous radioactive materials.<p>The Coordinator of the Department of Emergency Management, pursuant to regulations promulgated by the Virginia Waste Management Board, will maintain a register of shippers of hazardous radioactive materials and monitor the transportation within the Commonwealth of those hazardous radioactive materials, as defined by the Virginia Waste Management Board, which may constitute a significant potential danger to the citizens of the Commonwealth in the event of accidental spillage or release. The regulations promulgated by the Board shall not be in conflict with federal statutes, rules, or regulations. Other agencies and commissions of the Commonwealth shall cooperate with the Virginia Waste Management Board in the formulation of regulations as herein provided.</p><p>1979, c. 434; 1984, c. 745; 1988, c. 30; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>.</p>
18844MILITARY AND EMERGENCY LAWS3.4FUNDING FOR STATE AND LOCAL GOVERNMENT RADIOLOGICAL EMERGENCY PREPAREDNESS§ 44-146.32One-time and annual fees.<p>A. For each nuclear power station in commercial operation on July 1, 1982, the person owning the station shall pay to the Department, within ninety days of such date, a one-time fee of $55,000.</p><p>B. For each nuclear power station commencing commercial operation after July 1, 1982, the person owning the station shall pay to the Department a one-time fee of $55,000 not less than one year prior to the scheduled commencement of operation.</p><p>C. For each nuclear power station that on July 1 of each year is validly licensed to operate by the Nuclear Regulatory Commission, the person owning the station shall pay to the Department not later than August 1 of that year an annual fee in an amount based upon the projected annual cost of administering the state and local governments' radiological emergency preparedness programs for the station.</p><p>D. The Department shall send timely invoices for such fees to the persons responsible for their payment. However, failure of the Department to send the invoices in a timely manner shall not relieve the responsible persons of their obligation to pay such fees.</p><p>1982, c. 222; 1984, c. 322; 1988, c. 56.</p>
18944MILITARY AND EMERGENCY LAWS3.5VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM§ 44-146.35Powers and duties of the Department of Emergency Management.<p>In carrying out the purposes set forth in this chapter the Department shall have the authority to:</p><p>1. Coordinate the development of hazardous materials training programs and hazardous materials emergency response programs and plans with state and local government agencies and related groups. Those state agencies and local government agencies shall retain the statutory responsibilities assigned elsewhere in this Code.</p><p>2. Administer the implementation of the Virginia Hazardous Materials Emergency Response Program.</p><p>1987, c. 492; 2000, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0309'>309</a>; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0594'>594</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0681'>681</a>.</p>
19044MILITARY AND EMERGENCY LAWS3.5VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM§ 44-146.36Coordinator to enter into agreements with political subdivisions; immunity from liability.<p>A. The Coordinator may enter into agreements with political subdivisions to provide hazardous materials emergency response within a specific geographical area of the Commonwealth on a state and political subdivision cost-sharing basis. The cost-sharing agreements shall be negotiated with political subdivisions by the Coordinator.</p><p>B. Neither the Commonwealth, nor any political subdivision thereof, nor federal agencies, nor other public or private agencies, nor public or private employees, nor representatives of any of them, engaged in any emergency services activities while complying with or attempting to comply with this chapter or any regulation or executive order promulgated pursuant to the provisions of this chapter, shall be liable for the death of or injury to any person or damage to property as a result of such activities, except where such death, injury or damage results from gross negligence, recklessness or willful misconduct. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this chapter, or under the Workers' Compensation Act (§ <a href='http://law.lis.virginia.gov/vacode/65.2-100/'>65.2-100</a> et seq.), or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress.</p><p>1987, c. 492; 1989, c. 378.</p>
19144MILITARY AND EMERGENCY LAWS3.5VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM§ 44-146.37Disbursements made from Virginia Disaster Response Fund.<p>A. Disbursements for costs and expenses, including, but not limited to equipment, material, hazardous materials emergency response operations and immediate accident or incident site cleanup costs and expenses in preventing or alleviating damage, loss, hardship, or suffering caused by accidents or incident, involving hazardous materials, shall be made from the Virginia Disaster Response Fund in accordance with the provisions of § <a href='http://law.lis.virginia.gov/vacode/44-146.18:1/'>44-146.18:1</a>.</p><p>B. The Coordinator shall promptly seek reimbursement from any party causing or contributing to an accident or incident involving hazardous materials for all sums disbursed from the Virginia Disaster Response Fund for the protection, relief, and recovery from loss or damage caused by such party.</p><p>C. The Coordinator is also authorized to recover any sums expended by any other state agency or political subdivision for preventing or alleviating damage, loss, hardship, or suffering caused by accidents or incidents involving hazardous materials. To recover such sums the Coordinator shall provide documentation that the costs were incurred whether or not they were actually disbursed from the Virginia Disaster Response Fund.</p><p>1987, c. 492.</p>
19244MILITARY AND EMERGENCY LAWS3.5VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM§ 44-146.38Political subdivisions to appoint hazardous materials coordinator.<p>Each political subdivision shall appoint a hazardous materials coordinator. In appointing the hazardous materials coordinator, political subdivisions shall consider the requisite qualifications for hazardous materials coordinators as established by the Coordinator. The hazardous materials coordinator shall coordinate the hazardous materials emergency response program within the political subdivision.</p><p>1987, c. 492; 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0594'>594</a>, <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0681'>681</a>.</p>
19344MILITARY AND EMERGENCY LAWS3.5VIRGINIA HAZARDOUS MATERIALS EMERGENCY RESPONSE PROGRAM§ 44-146.39Repealed.<p>Repealed by Acts 2011, cc. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0594'>594</a> and <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0681'>681</a>, cl. 2.</p>
19444MILITARY AND EMERGENCY LAWS4AIR RAID PRECAUTIONS§§ 44-147 through 44-151Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
19544MILITARY AND EMERGENCY LAWS5MOBILIZATION OF FIRE FIGHTERS§ 44-152Outside service by fire departments.<p>Whenever a state of war exists between the United States and any foreign country and at the request of the chief executive of any county, city or town in this Commonwealth the head of any other fire department may, or if so ordered by the Governor shall, detail, assign and make available for duty and use in such county, town or city any part of the officers, fire fighters, forces, fire-fighting apparatus or other equipment under his command or control.</p><p>1942, p. 369; Michie Code 1942, § 2673(137); 1977, c. 326.</p>
19644MILITARY AND EMERGENCY LAWS5MOBILIZATION OF FIRE FIGHTERS§ 44-153Powers, duties, rights, privileges and immunities.<p>Whenever all or any part of the regular fire-fighting forces of any county, town or city in this Commonwealth are engaged in rendering services pursuant to this chapter, the officers and members of such fire-fighting forces shall have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the political subdivision in which they are normally employed.</p><p>1942, p. 369; Michie Code 1942, § 2673(138).</p>
19744MILITARY AND EMERGENCY LAWS5MOBILIZATION OF FIRE FIGHTERS§ 44-154Loss, damages, expense or cost.<p>The county, town or city in which any equipment is used pursuant to this chapter shall be liable for any loss or damage thereto and to the supplies therefor and shall pay any expenses incurred in the operation and maintenance thereof, including the cost of all materials and supplies therefor. No claim for any such loss, damage, expense or cost shall be allowed unless, within sixty days after the same has been sustained or incurred, a written notice of such claim, under oath and itemizing the same, is served by mail or otherwise upon the treasurer of such county, town or city where such equipment was so used.</p><p>1942, p. 369; Michie Code 1942, § 2673(139).</p>
19844MILITARY AND EMERGENCY LAWS5MOBILIZATION OF FIRE FIGHTERS§ 44-155Liability for acts or omissions.<p>Neither the Commonwealth nor the political subdivision of the Commonwealth whose fire-fighting forces are engaged pursuant to this chapter shall be liable or accountable in any way for or on account of any act or omission on the part of an officer or member of such forces while engaged pursuant to this chapter or for or on account of the operation, maintenance or use of any apparatus, equipment or supplies in connection therewith, nor shall any fire commissioner, fire chief or other superior officer or head of a fire department, fire company or other fire-fighting forces, acting pursuant to this chapter, be held liable or accountable in any way for or on account of any act or omission on the part of any of his subordinates without the political subdivision of their appointment while such subordinates are under the command of an officer other than himself.</p><p>1942, p. 369; Michie Code 1942, § 2673(140).</p>
19944MILITARY AND EMERGENCY LAWS5MOBILIZATION OF FIRE FIGHTERS§ 44-157Temporary substitute fire-fighting forces.<p>Whenever all or any part of the regular fire-fighting forces of any county, city or town in the Commonwealth are engaged in rendering aid and assistance, pursuant to this chapter, substitute fire fighters, not exceeding the number of regular fire fighters engaged in rendering such aid and assistance, may be appointed in the same manner as provided by law for the appointment of such regular fire fighters. Except in the case of a volunteer fire company, the compensation of such substitute fire fighters shall be fixed at a sum not greater than the lowest rate of pay for a regular fire fighter in such fire department, company or fire-fighting force. Each person appointed under this section shall be vested with the same powers and charged with the same duties as if he were a regular member of such fire department, company or fire-fighting force. No appointment under this section shall continue for more than two days after the regular fire fighters for whom they are substituting have returned to duty. The compensation of any substitute fire fighter appointed pursuant to this section and any allowable expense actually and necessarily incurred by him in the performance of his duties shall be charged against the county, city or town in and for which he was appointed and shall be audited and allowed in the same manner as other charges against the county, city or town are audited and allowed.</p><p>1942, p. 370; Michie Code 1942, § 2673(142); 1977, c. 326.</p>
20044MILITARY AND EMERGENCY LAWS5MOBILIZATION OF FIRE FIGHTERS§ 44-158Rules and regulations.<p>The Governor is hereby authorized and empowered to prescribe all necessary and reasonable rules and regulations in order to carry out the provisions of this chapter.</p><p>1942, p. 370; Michie Code 1942, § 2673(143).</p>
20144MILITARY AND EMERGENCY LAWS5MOBILIZATION OF FIRE FIGHTERS§ 44-159When chapter in effect.<p>This chapter shall be in effect only during the time a state of war exists between the United States and any foreign country.</p><p>1942, p. 370; Michie Code 1942, § 2673(144).</p>
20244MILITARY AND EMERGENCY LAWS6EMERGENCY FAIR RENT ACT [Repealed]§§ 44-160 through 44-203Repealed.<p>Repealed by Acts 1950, p. 188.</p>
20344MILITARY AND EMERGENCY LAWS7MISCELLANEOUS LAWS§ 44-204Leaves of absence for employees of Commonwealth or political subdivisions.<p>All officers and employees of the Commonwealth, or of any political subdivision of the Commonwealth who are members of the Virginia Defense Force or National Defense Executive Reserve shall be entitled to leaves of absence from their respective duties without loss of pay, seniority, accrued leave or efficiency rating on all days during which they shall be engaged in training approved by the Governor or his designee, not to exceed 21 workdays per federal fiscal year. When relieved from such duty, they shall be restored to positions held by them when ordered to duty.</p><p>1938, p. 573; Michie Code 1942, § 2673(124); 1964, c. 227; 1986, c. 611; 2022, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0430'>430</a>.</p>
20444MILITARY AND EMERGENCY LAWS7MISCELLANEOUS LAWS§ 44-205Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
20544MILITARY AND EMERGENCY LAWS7MISCELLANEOUS LAWS§§ 44-206, 44-207Repealed.<p>Repealed by Acts 2015, c. <a href='http://lis.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0221'>221</a>, cl. 2.</p>
20644MILITARY AND EMERGENCY LAWS7MISCELLANEOUS LAWS§ 44-208Securing site of structural failure, fire, explosion, or industrial or transportation accident.<p>The official in charge of the investigation of any structural failure, fire, explosion, or industrial or transportation accident which results in the loss of human life, except when caused by a natural disaster or war, may secure for no more than twelve hours so much of the site where it occurred as, in his opinion, may be necessary to gather evidence regarding the cause of the occurrence. No owner or lessee of the site may be denied entrance except to prevent the destruction of evidence.</p><p>In cases of fire from any cause, the chief or other authorized officer of any fire department or fire company in command at the fire shall have the rights and authority granted to him and his subordinates upon his order or direction by § <a href='http://law.lis.virginia.gov/vacode/27-17.1/'>27-17.1</a>. Nothing in this section shall limit or otherwise affect the authority of, or be construed to deny access to such site by, any person charged by law with the responsibility of investigating any such accident.</p><p>1982, c. 213.</p>