Va. Code Ann. § 44-146.18:1 — Virginia Code / Title 44 / Chapter 3.2 / Section 44-146.18:1
Virginia Disaster Response Funds disbursements; reimbursements
Status: in_force

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.

Disbursements from the fund may be made for the following purposes and no others:

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

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

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.

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.

1983, c. 48; 2000, c. 309 ; 2008, cc. 121 , 157 .
Va. Code Ann. § 44-135 — Virginia Code / Title 44 / Chapter 2 / Section 44-135
Repealed
Status: repealed

Repealed by Acts 1976, c. 266.
Va. Code Ann. § 44-6 — Virginia Code / Title 44 / Chapter 1 / Article 1 / Section 44-6
Maintenance of other troops
Status: in_force

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.

1930, p. 949; Michie Code 1942, § 2673(6); 1958, c. 393; 1984, c. 765; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-146.14 — Virginia Code / Title 44 / Chapter 3.2 / Section 44-146.14
Findings of General Assembly
Status: in_force

(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:

(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;

(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

(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.

(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.

1973, c. 260; 1974, c. 4; 1975, c. 11; 2000, c. 309 .
Va. Code Ann. § 44-107 — Virginia Code / Title 44 / Chapter 1 / Article 11 / Section 44-107
Use for private purposes forbidden
Status: in_force

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.

1930, p. 969; Michie Code 1942, § 2673(92); 1958, c. 393.
Va. Code Ann. § 44-117.1 — Virginia Code / Title 44 / Chapter 1 / Article 13 / Section 44-117.1
Repealed
Status: repealed

Repealed by Acts 1958, c. 393.
Va. Code Ann. § 44-157 — Virginia Code / Title 44 / Chapter 5 / Section 44-157
Temporary substitute fire-fighting forces
Status: in_force

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.

1942, p. 370; Michie Code 1942, § 2673(142); 1977, c. 326.
Va. Code Ann. § 44-112 — Virginia Code / Title 44 / Chapter 1 / Article 12 / Section 44-112
Requisition for federal funds
Status: in_force

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.

1930, p. 970; Michie Code 1942, § 2673(97); R. P. 1948, § 44-112; 1958, c. 393.
Va. Code Ann. § 44-20 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-20
Deputy Adjutant General (Army and Air) and Assistant Adjutant General (Army); assistants and clerical forces of Adjutant General
Status: in_force

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.

1930, p. 952; Michie Code 1942, § 2673(13); R.P. 1948, § 44-20; 1964, c. 227; 1979, c. 504; 1983, c. 74.
Va. Code Ann. § 44-97 — Virginia Code / Title 44 / Chapter 1 / Article 10 / Section 44-97
Exemption from arrest
Status: in_force

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.

1930, p. 966; Michie Code 1942, § 2673(82); 1984, c. 765; 2015, c. 221 .
Va. Code Ann. § 44-75 — Virginia Code / Title 44 / Chapter 1 / Article 7 / Section 44-75
Repealed
Status: repealed

Repealed by Acts 1988, c. 352.
Va. Code Ann. § 44-204 — Virginia Code / Title 44 / Chapter 7 / Section 44-204
Leaves of absence for employees of Commonwealth or political subdivisions
Status: in_force

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 unless such officer or employee is a professional firefighter. Any officer or employee of the Commonwealth or of any political subdivision of the Commonwealth who is a professional firefighter and a member of the Virginia Defense Force or National Defense Executive Reserve shall receive paid leaves of absence for all work hours that a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year but shall not exceed a total of 388 work hours, during which such officer or employee who is a professional firefighter shall be engaged in training approved by the Governor or his designee. When relieved from any such duty, officers and employees described in this section shall be restored to positions held by them when ordered to duty.

1938, p. 573; Michie Code 1942, § 2673(124); 1964, c. 227; 1986, c. 611; 2022, c. 430 ; 2024, cc. 184 , 239 .
Va. Code Ann. § 44-28 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-28
Qualifications of commanding or staff officers
Status: in_force

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.

1930, p. 953; Michie Code 1942, § 2673(18); 1958, c. 393; 1970, c. 662.
Va. Code Ann. § 44-153 — Virginia Code / Title 44 / Chapter 5 / Section 44-153
Powers, duties, rights, privileges and immunities
Status: in_force

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.

1942, p. 369; Michie Code 1942, § 2673(138).
Va. Code Ann. § 44-98 — Virginia Code / Title 44 / Chapter 1 / Article 10 / Section 44-98
Interference with employment of members of Virginia National Guard or Virginia Defense Force
Status: in_force

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.

1930, p. 967; Michie Code 1942, § 2673(83); 1958, c. 393; 1984, c. 765; 2011, cc. 572 , 586 ; 2015, c. 221 .
Va. Code Ann. § 44-10 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-10
Divisions of military staff
Status: in_force

The military staff shall be divided into (a) the personal staff of the Governor and (b) the administrative staff.

The personal staff of the Governor shall be constituted as now prescribed by law.

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.

1930, p. 950; Michie Code 1942, § 2673(10); R. P. 1948, § 44-10; 1958, c. 393.
Va. Code Ann. § 44-46.1 — Virginia Code / Title 44 / Chapter 1 / Article 4 / Section 44-46.1
Military judges
Status: in_force

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.

The Adjutant General shall designate a military judge on a case-by-case basis to preside over courts-martial of the Virginia National Guard.

1976, c. 399; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-88 — Virginia Code / Title 44 / Chapter 1 / Article 8 / Section 44-88
Incorporation into the Virginia Defense Force
Status: in_force

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.

1944, p. 25; Michie Suppl. 1946, § 2673(73); 1984, c. 765; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-146.40 — Virginia Code / Title 44 / Chapter 3.5 / Section 44-146.40
Joint emergency planning committee; certain localities
Status: in_force

Any joint emergency planning committee serving Fairfax County and the City of Fairfax shall have the authority to require any facility within its emergency planning district to submit the information required and participate in the emergency planning provided for in Subtitle A of Title 3 of Public Law 99-499. For the purposes of this section, "facility" shall include any development or installation having an aggregate storage capacity of at least one million gallons of oil as defined in § 62.1-44.34:10 , or the potential for a sudden release of 10,000 pounds or more of any other flammable liquid or gas not exempt from the provisions of § 327 of Title 3 of Public Law 99-499. This requirement shall not occur until after public notice and the opportunity to comment. The committee shall notify the facility owner or operator of any requirement to comply with this section.

1987, c. 492; 1992, cc. 633, 656; 1994, c. 691 ; 2007, c. 813 ; 2011, cc. 594 , 681 ; 2017, c. 512 .
Va. Code Ann. § 44-134.1 — Virginia Code / Title 44 / Chapter 2 / Section 44-134.1
Repealed
Status: repealed

Repealed by Acts 1981, c. 219.
Va. Code Ann. § 44-117 — Virginia Code / Title 44 / Chapter 1 / Article 13 / Section 44-117
Officers of Virginia Military Institute, the Virginia Women's Institute for Leadership at Mary Baldwin College, the Fishburne Military School, the Massanutten Military Academy, the Randolph-Macon Academy, and Virginia Polytechnic Institute and State University to be officers of militia
Status: in_force

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, the Randolph-Macon 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, the Randolph-Macon 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, the Randolph-Macon 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.

1930, p. 970; Michie Code 1942, § 2673(102); 1958, c. 393; 1978, c. 384; 2001, c. 77 ; 2006, c. 123 ; 2007, c. 818 ; 2025, c. 139 .
Va. Code Ann. § 44-135.1 — Virginia Code / Title 44 / Chapter 2 / Section 44-135.1
Armory control board for each armory; temporary renting
Status: in_force

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.

1976, c. 266; 1996, cc. 137 , 802 .
Va. Code Ann. § 44-15 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-15
Reports to Secretary of Defense
Status: in_force

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.

1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-14; 1958, c. 393.
Va. Code Ann. § 44-110 — Virginia Code / Title 44 / Chapter 1 / Article 11 / Section 44-110
Punishment for sale, etc., of military property
Status: in_force

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.

1930, p. 969; Michie Code 1942, § 2673(95); 2011, cc. 572 , 586 .
Va. Code Ann. § 44-30 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-30
Tests as to fitness for officers; examining board
Status: in_force

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.

1930, p. 954; Michie Code 1942, § 2673(20); 1958, c. 393; 1964, c. 227; 1970, c. 662.
Va. Code Ann. § 44-90 — Virginia Code / Title 44 / Chapter 1 / Article 8 / Section 44-90
Punishment for failure to appear
Status: in_force

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.

1930, p. 965; Michie Code 1942, § 2673(75); 1958, c. 393.
Va. Code Ann. § 44-120.2 — Virginia Code / Title 44 / Chapter 1 / Article 13 / Section 44-120.2
Commonwealth's Twenty marksmanship award
Status: in_force

There is hereby established the Commonwealth's Twenty marksmanship award to recognize the top 20 marksmen in Virginia. These top 20 marksmen shall be chosen from the Virginia state residents who compete at the annual Virginia State Championship matches sanctioned by the Virginia Shooting Sports Association (the Association). The award shall be administered by the Association and shall consist of (i) an enamel metal tab pin with gray background and white lettering, similar in style, shape, and size to the "President's Hundred" pin awarded by the United States Army; (ii) a fabric patch with hook and loop backing with a green background and black letters, similar in style, shape, and size to the "President's Hundred" patch awarded by the United States Army; and (iii) a certificate.

2015, c. 747 ; 2017, c. 224 .
Va. Code Ann. § 44-105 — Virginia Code / Title 44 / Chapter 1 / Article 11 / Section 44-105
Repealed
Status: repealed

Repealed by Acts 1958, c. 393.
Va. Code Ann. § 44-13 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-13
Powers of Adjutant General
Status: in_force

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.

1927, p. 106; 1930, p. 951; Michie Code 1942, §§ 585(62), 2673(13); R. P. 1948, § 44-13; 1958, c. 393; 1989, c. 414.
Va. Code Ann. § 44-146.32 — Virginia Code / Title 44 / Chapter 3.4 / Section 44-146.32
One-time and annual fees
Status: in_force

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.

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.

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.

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.

1982, c. 222; 1984, c. 322; 1988, c. 56.
Va. Code Ann. § 44-159 — Virginia Code / Title 44 / Chapter 5 / Section 44-159
When chapter in effect
Status: in_force

This chapter shall be in effect only during the time a state of war exists between the United States and any foreign country.

1942, p. 370; Michie Code 1942, § 2673(144).
Va. Code Ann. § 44-120.1 — Virginia Code / Title 44 / Chapter 1 / Article 13 / Section 44-120.1
Manufacture of Virginia military medals and decorations in United States
Status: in_force

Virginia military medals and decorations shall be made in the United States. Existing stocks of Virginia military medals and decorations which are of foreign origin may be consumed without violating the provisions of this act. All Virginia military medals and decorations shall have the words "Made in the USA" stamped on the reverse side. This act shall not limit the country of origin of United States military medals and decorations that are presented to members of the Virginia National Guard.

1999, c. 22 .
Va. Code Ann. § 44-140 — Virginia Code / Title 44 / Chapter 2 / Section 44-140
Liberal construction
Status: in_force

This chapter shall be liberally construed in favor of its purposes.

1932, p. 762; Michie Code 1942, § 2673(123); R. P. 1948, § 44-140.
Va. Code Ann. § 44-125 — Virginia Code / Title 44 / Chapter 2 / Section 44-125
Repealed
Status: repealed

Repealed by Acts 1976, c. 266.
Va. Code Ann. § 44-54.4 — Virginia Code / Title 44 / Chapter 1 / Article 4.2 / Section 44-54.4
Organization; definitions
Status: in_force

The Virginia Defense Force with a targeted membership of at least 1,200 shall be organized within and subject to the control of the Department of Military Affairs.

When called to state active duty, the mission of the Virginia Defense Force shall be to (i) provide for an adequately trained organized reserve militia to assume control of Virginia National Guard facilities and to secure any federal and state property left in place in the event of the mobilization of the Virginia National Guard, (ii) assist in the mobilization of the Virginia National Guard, (iii) support the Virginia National Guard in providing family assistance to military dependents within the Commonwealth in the event of the mobilization of the Virginia National Guard, and (iv) provide a military force to respond to the call of the Governor in those circumstances described in § 44-75.1 .

Nothing in this article shall be construed as authorizing the Virginia Defense Force or any part thereof to be called, ordered or in any manner drafted by federal authorities into the military service of the United States. However, no person by reason of his enlistment or appointment in the Virginia Defense Force shall be exempted from military service under any law of the United States.

Members of the Virginia Defense Force may serve in either of the following duty statuses:

1. "Training duty," which is the normal service and training performed by the Virginia Defense Force in order to be prepared for state active duty, and which includes but is not limited to organization, administration, recruiting, maintenance of equipment, armory drills, annual duty training, and training exercises.

2. "State active duty," which is the performance of actual military service for the Commonwealth when called by the Governor or his designee to active duty in service of the Commonwealth in accordance with Article 7 (§ 44-75.1 et seq.).

"Military duty" and "military service," as used in this title, shall include the activities of the members of the Virginia Defense Force while in training duty and state active duty status.

1989, c. 414; 2011, cc. 572 , 586 ; 2016, c. 614 .
Va. Code Ann. § 44-114.3 — Virginia Code / Title 44 / Chapter 1 / Article 12.1 / Section 44-114.3
Orders void if transmitted to militia before Governor notified
Status: in_force

If the Adjutant General or anyone else in the Department of Military Affairs should receive such a message of the kind referred to in § 44-114.1 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.

1958, c. 540, § 3.
Va. Code Ann. § 44-14 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-14
Expenditures for Department
Status: in_force

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.

1930, p. 950; Michie Code 1942, § 2673(11); 1944, p. 24; R. P. 1948, § 44-13; 2004, c. 12 .
Va. Code Ann. § 44-8 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-8
Governor as Commander in Chief
Status: in_force

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.

1930, p. 950; Michie Code 1942, § 2673(8); R. P. 1948, § 44-8; 1958, c. 393; 1964, c. 227.
Va. Code Ann. § 44-29 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-29
Qualifications of National Guard officers
Status: in_force

The qualifications of National Guard officers shall be as prescribed in current and subsequently amended National Guard regulations.

1930, p. 953; Michie Code 1942, § 2673(19); 1958, c. 393.
Va. Code Ann. § 44-44 — Virginia Code / Title 44 / Chapter 1 / Article 4 / Section 44-44
Special courts-martial
Status: in_force

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.

B. A special court-martial may not try a commissioned officer.

C. A special court-martial shall have the authority to impose any of the following fines and penalties:

1. A fine of not more than $1,000;

2. Forfeiture of two-thirds pay per month for six months;

3. A reprimand;

4. Bad Conduct discharge;

5. Restriction to limits;

6. Imposition of extra duty;

7. Confinement for not more than three months;

8. Reduction of enlisted persons one or more pay grades; or

9. Any combination of these punishments.

1930, p. 956; Michie Code 1942, § 2673(34); 1958, c. 393; 1964, c. 227; 1976, c. 399; 1977, c. 74; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-134 — Virginia Code / Title 44 / Chapter 2 / Section 44-134
Management and care of armories and training areas
Status: in_force

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.

1932, p. 760; Michie Code 1942, § 2673(117); R. P. 1948, § 44-134.
Va. Code Ann. § 44-155 — Virginia Code / Title 44 / Chapter 5 / Section 44-155
Liability for acts or omissions
Status: in_force

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.

1942, p. 369; Michie Code 1942, § 2673(140).
Va. Code Ann. § 44-53 — Virginia Code / Title 44 / Chapter 1 / Article 4 / Section 44-53
Collection of fines
Status: in_force

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.

1930, p. 958; Michie Code 1942, § 2673(44); 1976, c. 399; 1977, c. 74.
Va. Code Ann. § 44-67 — Virginia Code / Title 44 / Chapter 1 / Article 6 / Section 44-67
Repealed
Status: repealed

Repealed by Acts 2015, c. 221 , cl. 2.
Va. Code Ann. § 44-13.2 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-13.2
Administration of the MWR Program
Status: in_force

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.

2016, c. 622 .
Va. Code Ann. § 44-36 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-36
Enlistment contract and oath
Status: in_force

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.

1930, p. 955; Michie Code 1942, § 2673(26); 1958, c. 393; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-54.9 — Virginia Code / Title 44 / Chapter 1 / Article 4.2 / Section 44-54.9
Uniform; rank in precedence; command
Status: in_force

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.

The grade structure of the Virginia Defense Force, to the extent practicable, shall be the same as that prescribed for the Army National Guard.

1989, c. 414; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-86 — Virginia Code / Title 44 / Chapter 1 / Article 8 / Section 44-86
When ordered out for service
Status: in_force

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.

1930, p. 965; Michie Code 1942, § 2673(72); 1958, c. 393.
Va. Code Ann. § 44-124.1 — Virginia Code / Title 44 / Chapter 2 / Section 44-124.1
Power of Adjutant General to acquire and maintain property
Status: in_force

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.

1976, c. 266.
Va. Code Ann. § 44-146.18:7 — Virginia Code / Title 44 / Chapter 3.2 / Section 44-146.18:7
GIS Fund created
Status: in_force

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 § 44-146.18:6 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.

2020, c. 423 .
Va. Code Ann. § 44-39 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-39
Uniforms, arms and equipment
Status: in_force

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.

1930, p. 955; Michie Code 1942, § 2673(29); 1958, c. 393.
Va. Code Ann. § 44-146.17:1 — Virginia Code / Title 44 / Chapter 3.2 / Section 44-146.17:1
Transmittal to General Assembly of rules, regulations, and orders
Status: in_force

The Governor shall cause copies of any order, rule, or regulation proclaimed and published by him pursuant to § 44-146.17 to be transmitted forthwith to each member of the General Assembly.

1981, c. 160.
Va. Code Ann. § 44-119 — Virginia Code / Title 44 / Chapter 1 / Article 13 / Section 44-119
Retired list of officers, warrant officers and enlisted persons
Status: in_force

There shall be a retired list of officers, warrant officers and enlisted persons of the Virginia National Guard.

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:

1. Former Adjutant Generals who have resigned or been relieved;

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.

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.

Warrant officers and noncommissioned officers shall be placed on the retired list with the highest rank held by them in the Virginia National Guard.

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.

1930, p. 971; Michie Code 1942, § 2673(104); 1958, c. 393; 1983, c. 157; 2015, c. 221 .
Va. Code Ann. § 44-82 — Virginia Code / Title 44 / Chapter 1 / Article 7 / Section 44-82
How troops paid while in service; transportation to be furnished; movement of troops and supplies not to be delayed
Status: in_force

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.

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.

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.

1930, p. 963; Michie Code 1942, § 2673(68); 1958, c. 393; 1973, c. 401; 2011, cc. 572 , 586 ; 2015, c. 221 .
Va. Code Ann. § 44-99 — Virginia Code / Title 44 / Chapter 1 / Article 10 / Section 44-99
Organizations may own property; suits
Status: in_force

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.

1930, p. 967; Michie Code 1942, § 2673(84); 1958, c. 393; 1984, c. 765; 2011, cc. 572 , 586 ; 2015, c. 221 .
Va. Code Ann. § 44-47 — Virginia Code / Title 44 / Chapter 1 / Article 4 / Section 44-47
Process and procedure
Status: in_force

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.

1930, p. 957; Michie Code 1942, § 2673(37); 1976, c. 399; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-23 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-23
Repealed
Status: repealed

Repealed by Acts 1984, c. 734.
Va. Code Ann. § 44-41 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-41
Armory drills, inactive training, annual active duty training, etc
Status: in_force

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.

1930, p. 955; Michie Code 1942, § 2673(31); 1958, c. 393; 1964, c. 227.
Va. Code Ann. § 44-146.18:5 — Virginia Code / Title 44 / Chapter 3.2 / Section 44-146.18:5
Division of Public Safety Communications established; appointment of Virginia Public Safety Communications Coordinator; duties of Division
Status: in_force

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 § 56-484.17 .

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.

2020, c. 423 .
Va. Code Ann. § 44-50 — Virginia Code / Title 44 / Chapter 1 / Article 4 / Section 44-50
How process and sentence executed
Status: in_force

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.

1930, p. 957; Michie Code 1942, § 2673(40); 1958, c. 393; 1976, c. 399.
Va. Code Ann. § 44-54.11 — Virginia Code / Title 44 / Chapter 1 / Article 4.2 / Section 44-54.11
Discharge; dismissal
Status: in_force

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.

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.

The Adjutant General may prescribe appropriate discharge certificates reflecting the character of the member's service.

1989, c. 414; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-108 — Virginia Code / Title 44 / Chapter 1 / Article 11 / Section 44-108
Officers and enlisted persons personally liable for military property
Status: in_force

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.

1930, p. 969; Michie Code 1942, § 2673(93); 1958, c. 393.
Va. Code Ann. § 44-146.37 — Virginia Code / Title 44 / Chapter 3.5 / Section 44-146.37
Disbursements made from Virginia Disaster Response Fund
Status: in_force

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 § 44-146.18:1 .

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.

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.

1987, c. 492.
Va. Code Ann. § 44-114.2 — Virginia Code / Title 44 / Chapter 1 / Article 12.1 / Section 44-114.2
Governor to be notified of receipt of order; no action taken until his instructions complied with
Status: in_force

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 § 44-114.1 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.

1958, c. 540, § 2.
Va. Code Ann. § 44-54.10 — Virginia Code / Title 44 / Chapter 1 / Article 4.2 / Section 44-54.10
Discipline
Status: in_force

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 §§ 44-40 and 44-40.01 .

1989, c. 414; 2011, cc. 572 , 586 ; 2016, c. 339 .
Va. Code Ann. § 44-146.36 — Virginia Code / Title 44 / Chapter 3.5 / Section 44-146.36
Coordinator to enter into agreements with political subdivisions; immunity from liability
Status: in_force

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.

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 (§ 65.2-100 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.

1987, c. 492; 1989, c. 378.
Va. Code Ann. § 44-16 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-16
Records of Adjutant General
Status: in_force

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.

1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-15; 1970, c. 662; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-25 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-25
Organization; composition of units
Status: in_force

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.

1930, p. 952; Michie Code 1942, § 2673(15); 1958, c. 393; 1964, c. 227.
Va. Code Ann. § 44-146.18:9 — Virginia Code / Title 44 / Chapter 3.2 / Section 44-146.18:9
Nonstock corporation to assist in the development of GIS data
Status: in_force

The Department of Emergency Management is hereby authorized to establish a nonstock corporation under Chapter 10 (§ 13.1-801 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.

2020, c. 423 .
Va. Code Ann. § 44-93.1 — Virginia Code / Title 44 / Chapter 1 / Article 10 / Section 44-93.1
Supplement of military pay and additional life insurance benefits for employees of Commonwealth or political subdivisions
Status: in_force

A. In addition to the paid military leave provisions of § 44-93 , 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.

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, Space Force, or Coast Guard or with any unit of these respective services of the United States.

2002, c. 354 ; 2005, cc. 907 , 910 ; 2024, c. 817 .
Va. Code Ann. § 44-152 — Virginia Code / Title 44 / Chapter 5 / Section 44-152
Outside service by fire departments
Status: in_force

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.

1942, p. 369; Michie Code 1942, § 2673(137); 1977, c. 326.
Va. Code Ann. § 44-37 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-37
Discharge of enlisted persons
Status: in_force

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.

1930, p. 955; Michie Code 1942, § 2673(27); 1958, c. 393.
Va. Code Ann. § 44-146.25 — Virginia Code / Title 44 / Chapter 3.2 / Section 44-146.25
Repealed
Status: repealed

Repealed by Acts 2015, c. 221 , cl. 2.
Va. Code Ann. § 44-146.21 — Virginia Code / Title 44 / Chapter 3.2 / Section 44-146.21
Declaration of local emergency
Status: in_force

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.

B. A declaration of a local emergency as defined in § 44-146.16 shall activate the local Emergency Operations Plan and authorize the furnishing of aid and assistance thereunder.

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.

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.

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.

1973, c. 260; 1974, c. 4; 1975, c. 11; 1976, c. 594; 1986, c. 24; 1990, c. 945; 1994, c. 75 ; 2000, c. 309 ; 2016, c. 555 .
Va. Code Ann. § 44-205 — Virginia Code / Title 44 / Chapter 7 / Section 44-205
Repealed
Status: repealed

Repealed by Acts 2015, c. 221 , cl. 2.
Va. Code Ann. § 44-54.8 — Virginia Code / Title 44 / Chapter 1 / Article 4.2 / Section 44-54.8
Administration of oaths
Status: in_force

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.

1989, c. 414; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-132 — Virginia Code / Title 44 / Chapter 2 / Section 44-132
Power of condemnation
Status: in_force

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.

1932, p. 760; Michie Code 1942, § 2673(115); R. P. 1948, § 44-132.
Va. Code Ann. § 44-40.2 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-40.2
Administration of oaths and taking of sworn statements by commissioned officers
Status: in_force

In addition to those powers set forth in § 44-40 , 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.

1987, c. 32.
Va. Code Ann. § 44-48 — Virginia Code / Title 44 / Chapter 1 / Article 4 / Section 44-48
Review of judgments of courts-martial; procedure
Status: in_force

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.

1930, p. 957; Michie Code 1942, § 2673(38); 1964, c. 227; 1976, c. 399; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-95 — Virginia Code / Title 44 / Chapter 1 / Article 10 / Section 44-95
Repealed
Status: repealed

Repealed by Acts 1958, c. 393.
Va. Code Ann. § 44-146.19 — Virginia Code / Title 44 / Chapter 3.2 / Section 44-146.19
Powers and duties of political subdivisions
Status: in_force

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.

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:

1. In the case of a city, the mayor or city manager, who shall appoint a coordinator of emergency management with consent of council;

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;

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;

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;

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.

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.

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.

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 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 § 19.2-11.01 . 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 five 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.

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.

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.

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 centers, and child day care centers that are located within the locality.

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. 309 ; 2003, c. 622 ; 2004, c. 302 ; 2005, cc. 6 , 205 ; 2006, c. 138 ; 2007, cc. 97 , 129 , 138 ; 2009, cc. 222 , 269 ; 2012, c. 418 ; 2018, c. 228 ; 2020, cc. 94 , 1021 ; 2021, Sp. Sess. I, c. 27 ; 2022, c. 217 ; 2024, cc. 37 , 150 ; 2026, c. 116 .
Va. Code Ann. § 44-13.1 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-13.1
Virginia National Guard Morale, Welfare, and Recreation Program established
Status: in_force

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.

2016, c. 622 .
Va. Code Ann. § 44-104 — Virginia Code / Title 44 / Chapter 1 / Article 11 / Section 44-104
Care required and liability of officers
Status: in_force

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.

1930, p. 968; Michie Code 1942, § 2673(89); 1958, c. 393; 1984, c. 765; 2011, cc. 572 , 586 ; 2015, c. 221 .
Va. Code Ann. § 44-34 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-34
Repealed
Status: repealed

Repealed by Acts 1958, c. 393.
Va. Code Ann. § 44-40 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-40
Discipline and training
Status: in_force

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.

1930, p. 955; Michie Code 1942, § 2673(30); 1958, c. 393; 1976, c. 399; 1984, c. 7; 1987, c. 32.
Va. Code Ann. § 44-102.1:1 — Virginia Code / Title 44 / Chapter 1 / Article 10 / Section 44-102.1:1
Benefits upon call to active duty under a state of emergency; health care premiums
Status: in_force

A. As used in this section:

"Department" means the Department of Military Affairs.

"Service member" means a member of the Virginia National Guard or the Virginia Defense Force.

"State of emergency" has the same meaning as provided in § 44-146.16 .

B. If the Governor has declared a state of emergency that activated the Virginia National Guard or the Virginia Defense Force, then the Department is authorized to pay, for any service member who has served under such activation for a period of at least 14 consecutive days, the portion of the premium for such service member's health care coverage previously paid by the service member's employer, provided that the service member provides satisfactory evidence to the Department demonstrating that (i) immediately prior to being called to state active duty, the service member was employed and received health care coverage through his employer, (ii) the employer paid a premium to maintain the service member's health care coverage, and (iii) as a result of the service member's state active duty status, the employer is no longer paying such premium.

C. Any payment made by the Department pursuant to this section shall cover only the portion of the premium previously paid by the service member's employer from day 15 of the service member's state active duty until the date the service member is discharged from state active duty. Such payments may also cover dependents of the service member.

D. The Department may use the sum sufficient identified in the relevant state of emergency declaration for any payment authorized by this section.

E. The Department shall establish policies, procedures, and protocols to implement and record any payment authorized by this section.

F. On or before November 1, 2022, and annually thereafter, the Department shall report to the Secretary of Veterans and Defense Affairs all payments made pursuant to this section.

G. Nothing in this section shall create a legal cause of action against the Commonwealth or the Department.

H. The Adjutant General may maintain state active-duty status for any service member injured while in the line of duty during the course of a state active-duty mission who is unable, due to his injury, to return to civilian employment. Such authorization shall be limited to 90 days after the date of the service member's injury. The Adjutant General shall limit pay and allowances to the service member to the lesser of either the amount that the service member received from his civilian employment prior to his mobilization or the amount of federal active duty pay and allowances for that service member's rank and years of service.

2022, cc. 372 , 373 ; 2024, c. 226 .
Va. Code Ann. § 44-26 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-26
Location of units and headquarters
Status: in_force

The Governor shall determine and fix the location of the units and headquarters of the National Guard within the Commonwealth.

1930, p. 953; Michie Code 1942, § 2673(16); 1958, c. 393.
Va. Code Ann. § 44-54.2 — Virginia Code / Title 44 / Chapter 1 / Article 4.1 / Section 44-54.2
Payment of liability of State pursuant to Article III (f) of compact
Status: in_force

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.

1968, c. 36; 1980, c. 221.
Va. Code Ann. § 44-129 — Virginia Code / Title 44 / Chapter 2 / Section 44-129
Joint use of public buildings for armories
Status: in_force

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.

1932, p. 759; Michie Code 1942, § 2673(112); R. P. 1948, § 44-129; 2015, c. 221 .
Va. Code Ann. § 44-17 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-17
Regulations as to reports and care of property
Status: in_force

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.

1930, p. 951; Michie Code 1942, § 2673(13); R. P. 1948, § 44-17; 1964, c. 227.
Va. Code Ann. § 44-94 — Virginia Code / Title 44 / Chapter 1 / Article 10 / Section 44-94
Exemption from jury duty
Status: in_force

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.

1930, p. 966; Michie Code 1942, § 2673(79); 2015, c. 221 .
Va. Code Ann. § 44-146.17:2 — Virginia Code / Title 44 / Chapter 3.2 / Section 44-146.17:2
Annual statewide drill
Status: in_force

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.

2004, c. 430 ; 2019, c. 615 .
Va. Code Ann. § 44-93 — Virginia Code / Title 44 / Chapter 1 / Article 10 / Section 44-93
Leaves of absence for employees of Commonwealth or political subdivisions
Status: in_force

A. All officers and employees of the Commonwealth or of any political subdivision of the Commonwealth who are former members of the armed services or members of the organized reserve forces of any of the armed services of the United States or National Guard shall be entitled to leaves of absence from their respective duties, without loss of seniority, accrued leave, or efficiency rating, on all days during which they are engaged in federally funded military duty, to include training duty, or when called forth by the Governor pursuant to the provisions of § 44-75.1 or 44-78.1 .

There shall be no loss of regular employer pay during such leaves of absence, except that paid leaves of absence for federally funded military duty, to include training duty, shall not exceed 21 workdays per federal fiscal year, unless such officer or employee is a professional firefighter, and except that no officers or employees shall receive paid leave for more than 21 workdays per federally funded tour of active military duty. Any officer or employee of the Commonwealth or of any political subdivision of the Commonwealth who is a professional firefighter shall receive paid leaves of absence for all work hours for which a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year but shall not exceed a total of 388 work hours, during which such officer or employee who is a professional firefighter is engaged in federally funded military duty, to include training duty, or is called forth by the Governor pursuant to the provisions of § 44-75.1 or 44-78.1 .

When relieved from any such duty, officers and employees described in this section 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 in a comparable vacant position for which they are qualified, unless to do so would be unreasonable.

For the purposes of this section, with respect to employees of the Commonwealth or its political subdivisions who do not normally work approximately equal workdays on five or more days of each calendar week, the term "workday" shall mean 1/260 of the total working hours such employee would be scheduled to work during an entire federal fiscal year, not taking into account any state holidays, annual leave, military leave, or other absences. Where such employee returns from federally funded military duty and the eight-hour rest period required by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. § 4301 et seq.) overlaps such employee's scheduled work shift, the employee shall receive paid military leave to the extent of such overlap.

B. In addition to the provisions of subsection A, any local government may pay such employee when activated for federally funded military duty all or any portion of the difference between his regular pay and the military pay received during all or any part of the term of active federally funded duty.

1930, p. 966; Michie Code 1942, § 2673(78); 1958, c. 393; 1964, c. 227; 1966, c. 295; 1968, c. 503; 1983, c. 590; 1984, c. 540; 1985, c. 103; 1986, c. 611; 1989, cc. 414, 474; 1991, c. 653; 2002, cc. 212 , 354 ; 2006, c. 621 ; 2015, c. 221 ; 2022, c. 430 ; 2024, cc. 184 , 239 .
Va. Code Ann. § 44-111 — Virginia Code / Title 44 / Chapter 1 / Article 11 / Section 44-111
Replacement of lost or damaged property
Status: in_force

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.

1930, p. 969; Michie Code 1942, § 2673(96); 1958, c. 393.
Va. Code Ann. § 44-27 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-27
Appointment and promotion of officers
Status: in_force

All officers of the National Guard shall be appointed and commissioned by the Governor, through the Adjutant General.

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.

1930, p. 953; Michie Code 1942, § 2673(17); 1958, c. 393; 1964, c. 227; 1970, c. 662; 2011, cc. 572 , 586 .
Va. Code Ann. § 44-38 — Virginia Code / Title 44 / Chapter 1 / Article 3 / Section 44-38
Membership continued in National Guard after termination of federal service
Status: in_force

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.

1930, p. 955; Michie Code 1942, § 2673(28); 1958, c. 393.
Va. Code Ann. § 44-103 — Virginia Code / Title 44 / Chapter 1 / Article 11 / Section 44-103
Deposit in armories or headquarters for safekeeping
Status: in_force

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.

1930, p. 968; Michie Code 1942, § 2673(88).
Va. Code Ann. § 44-13.4 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-13.4
Risk management
Status: in_force

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.

2016, c. 622 .
Va. Code Ann. § 44-11.1 — Virginia Code / Title 44 / Chapter 1 / Article 2 / Section 44-11.1
Duties of the Department of Military Affairs
Status: in_force

A. The Department of Military Affairs shall support the objectives of the Governor and federal authorities by:

1. Administering and employing the Virginia Militia, as set forth in § 44-1 ;

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;

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;

4. Preparing and executing contingency plans to provide for a timely and capable response to chemical, biological, radiological, nuclear, or explosive incidents;

5. Preparing and executing contingency plans necessary for the provision of homeland defense;

6. Ensuring the support to families of service members of the Virginia National Guard;

7. Administering a state at-risk program for youth; and

8. Recruiting a force sufficiently manned and trained to accomplish the above duties.

B. The Department of Military Affairs shall perform such other duties as may be designated by the Governor.

2007, cc. 127 , 728 .
Va. Code Ann. § 44-102.1 — Virginia Code / Title 44 / Chapter 1 / Article 10 / Section 44-102.1
Rights, benefits, and protections upon call to active duty; contract termination
Status: in_force

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.

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:

1. Telecommunication services;

2. Internet services;

3. Television services;

4. Athletic club or gym memberships;

5. Satellite radio services; or

6. Service for an alarm system as defined in § 15.2-911 .

It shall be a violation of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) for a service provider to fail to comply with the provisions of this subsection.

2003, c. 769 ; 2010, cc. 811 , 861 ; 2011, cc. 572 , 586 ; 2017, c. 293 .
Va. Code Ann. § 44-146.2 — Virginia Code / Title 44 / Chapter 3.1 / Section 44-146.2
Repealed
Status: repealed

Repealed by Acts 1975, c. 11.
Va. Code Ann. § 44-78 — Virginia Code / Title 44 / Chapter 1 / Article 7 / Section 44-78
Repealed
Status: repealed

Repealed by Acts 1988, c. 352.
Va. Code Ann. § 44-122 — Virginia Code / Title 44 / Chapter 1 / Article 13 / Section 44-122
Citation of chapter
Status: in_force

This chapter may be cited as the "Military Laws of Virginia."

1930, p. 973; Michie Code 1942, § 2673(107).