reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-201 - Application of Title; Amendment or Repeal of Title

(a)    This title applies to all uniformed volunteer companies.
(b)    A provision of this title may not be repealed or amended by any statute passed by the General Assembly unless the statute explicitly:
(1)    refers to this title as the militia law, or by its other titles, as part of the general laws of the State; and
(2)    repeals or amends the referenced provision.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-202 - Membership; Exemptions; Waiver of Exemptions

(a)    Except as provided in subsection (b) of this section, the militia consists of able–bodied individuals who are:
(1)    citizens of the State;
(2)    citizens of the United States who take an oath of allegiance to the State; or
(3)    of foreign birth and who:
(i)    are residents of the State; and
(ii)    have declared their intention to become citizens of the State.
(b)    Subject to subsection (c) of this section, an individual is exempt from subsection (a) of this section if the individual:
(1)    is exempted by the laws of the United States;
(2)    is exempted by the laws of the State;
(3)    is a member of a regularly organized fire or police department in a county, city, village, or town;
(4)    is a judge or clerk of a court of record;
(5)    is a register of wills and deeds;
(6)    is a sheriff;
(7)    is a member of the clergy;
(8)    is a practicing physician;
(9)    is a superintendent, officer, or assistant of a hospital or correctional facility;
(10)    has been judged mentally incompetent;
(11)    is addicted to narcotic drugs; or
(12)    has been convicted of an infamous crime.
(c)    An individual exempted under subsection (b)(3) through (12) of this section shall be available for military duty in case of war, insurrection, or invasion, or when the danger of war, insurrection, or invasion is imminent.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-203 - Organized and Unorganized Militia

(a)    There are two classes of State militia:
(1)    the organized militia; and
(2)    the unorganized militia.
(b)    The organized militia of the State consists of:
(1)    the National Guard;
(2)    the Inactive National Guard; and
(3)    the Maryland Defense Force.
(c)    The unorganized militia consists of those individuals described under § 13-202 of this subtitle but who are not regularly enlisted or commissioned in the organized militia.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-204 - Appropriations; Expenditures

(a)    The general appropriations for the militia shall be exclusively applied to the necessary and contingent expenses of the office of the Adjutant General and to the equipment, maintenance, and general efficiency of the organized militia.
(b)    (1)    Except as provided in this title, unless authorized by the Adjutant General, a person may not make a purchase, incur a debt or expense, or expend money for the militia.
(2)    (i)    The Adjutant General shall adopt rules for the receipt and expenditure of all money that comes under the control of the Adjutant General.
(ii)    The Adjutant General may require bond from persons involved in the receipt and expenditure of money that the Adjutant General designates.
(c)    (1)    The commanding officer of an organization or detachment of the organized militia that is on State active duty may purchase necessities that are absolutely required for the immediate use and care of the officer’s command.
(2)    If a commanding officer on State active duty makes a purchase under this subsection, the commanding officer shall:
(i)    take a receipt of the purchase in triplicate; and
(ii)    promptly submit a report of the purchase through regular channels to the Department’s Finance Officer.
(3)    The report shall contain:
(i)    a list of the articles purchased;
(ii)    the price of the articles; and
(iii)    the receipts.
(d)    (1)    Except as provided in paragraph (3) of this subsection, the Adjutant General shall audit and pay all bills and military accounts payable by the State.
(2)    The Adjutant General shall follow as nearly as possible the financial operating procedures established by the United States Department of Defense.
(3)    The Comptroller shall be the auditor of all accounts for property purchased by the Adjutant General.
(4)    The Treasurer shall pay an audited military account from an appropriation made by the General Assembly, on the warrant of the Adjutant General, under the direction of the Governor.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-205 - Who May Enlist

Subject to the provisions of this title and the regulations governing the armed forces of the United States, an individual may be enlisted in the organized militia if the individual:
(1)    is a citizen of the State or has declared an intention to become a citizen of the State;
(2)    is able-bodied; and
(3)    has good character and temperate habits.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-206 - Oath of Enlistment in Organized Militia

(a)    An individual enlisting in the organized militia shall take and subscribe to the following oath of enlistment:
“I do hereby acknowledge to have voluntarily enlisted this ....... day of .........., 20 ....., in the (National Guard) (Maryland Defense Force) of the State of Maryland for the period of ...... year(s), under the conditions prescribed by law, unless sooner discharged by proper authority. I, ..........., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the Governor of Maryland and the orders of the officers appointed over me, according to law and regulations.”
(b)    Any officer of the organized militia may administer the oath of enlistment.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-207 - Responsibilities of Officers and Enlisted Individuals; Inspections

(a)    An organization commander:
(1)    may require those under the command of the organization commander to perform any military duty; and
(2)    is responsible to the Governor for the general efficiency of the units of the organized militia under the command of the organization commander.
(b)    A commanding officer of a unit is responsible to the officer’s immediate commander for the equipment, drill, instruction, movements, and efficiency of those under the officer’s command.
(c)    Each officer or enlisted individual is responsible to the individual’s immediate commanding officer for prompt and unhesitating obedience, proper drill, and the preservation and proper use of the property of the organization, the State, or the United States that is in the individual’s possession.
(d)    A unit of the organized militia shall be inspected:
(1)    by an officer detailed for inspection duty, whenever the Governor considers it advisable; and
(2)    by an officer of the United States Army or Air Force, as provided by federal law or regulation.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-208 - Arrest and Prohibition Powers of Commanding Officers

(a)    During a time of duty, a commanding officer may arrest for the period of the time of duty an individual who:
(1)    trespasses on a camp ground, parade ground, armory, or other place devoted to that duty;
(2)    disrupts in any way the orderly discharge of duty by those under arms; or
(3)    interrupts or prevents the passage of troops going to or returning from duty.
(b)    A commanding officer may prohibit within the limits of a post, camp ground, place of encampment, parade, or drill that is under the command of the officer:
(1)    the sale or use of alcoholic beverages;
(2)    huckster or auction sales; and
(3)    gambling.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-209 - Compensation

(a)    (1)    The Adjutant General, Assistant Adjutants General, officers, warrant officers, and enlisted individuals who are full-time employees of the Department are:
(i)    military personnel on State active duty; and
(ii)    entitled to the same pay, including longevity pay, subsistence, per diem, and allowances, as officers, warrant officers, and enlisted individuals of like grade and length of service in the United States Army or Air Force.
(2)    (i)    For income tax purposes, subsistence and allowances shall be treated in the same way under State law as they are treated by the Internal Revenue Code and federal income tax regulations.
(ii)    Subsistence and allowances may not be used in calculating the salary base for retirement purposes for an employee who is a member of the Employees’ Retirement System of the State.
(b)    An individual who holds more than one of the offices mentioned in subsection (a) of this section simultaneously shall receive only the pay, including longevity pay, subsistence, per diem, and allowances as provided under this section, for a single office.
(c)    A military office for which no salary is provided in the State budget is not an office of profit.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-210 - Workers' Compensation Insurance

(a)    (1)    This subsection applies to the period of time that an employee is ordered by the Governor to active military duty in the organized militia of the State for service during:
(i)    a civil disorder;
(ii)    a natural disaster;
(iii)    a labor disorder; or
(iv)    any other activity requiring support of the State militia.
(2)    The Adjutant General shall secure compensation under the Maryland Workers’ Compensation Act for each officer and enlisted individual of the organized militia by maintaining an insurance policy with the Chesapeake Employers’ Insurance Company or with a stock corporation or mutual association authorized to transact the business of workers’ compensation insurance in the State.
(3)    (i)    An officer, enlisted individual, or employee of the Department is not entitled to the benefits of this section if the officer, enlisted individual, or employee is injured in the course of employment and has insurance coverage through the federal government that is equal to or better than the coverage provided by this title.
(ii)    If a benefit provided by the federal government is less than that provided by the Maryland Workers’ Compensation Act, the State and its insurer shall furnish the additional benefit necessary to make up the difference between the benefit provided by the federal government and the similar benefit required under the Maryland Workers’ Compensation Act.
(4)    The insurance provided under this subsection shall only cover incidents that occur after July 1, 1979.
(b)    In addition to the benefits under subsection (a) of this section, the Adjutant General shall maintain workers’ compensation insurance for members of the Maryland Defense Force during training.
(c)    The Adjutant General shall pay the premiums for the insurance policy required under this section from appropriations for the militia that the Governor includes in the State budget.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-211 - Service Medals and Ribbon Badges

(a)    (1)    To promote efficiency and reward continuous service, the Governor may issue service medals of appropriate designs to officers and enlisted individuals in the organized militia who have completed 5 years or more of continuous service.
(2)    The Governor shall adopt regulations to carry out this subsection.
(b)    (1)    The State may issue appropriate ribbon badges to represent any issued or authorized medal.
(2)    An officer or enlisted individual in the organized militia may wear a ribbon badge issued under this subsection as part of the uniform.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-212 - Free Passage Over Roads, Bridges, and Ferries While Traveling to and From Duty

A member of the organized militia, including the member’s conveyance and military property, shall be allowed free passage through any toll gate and over any toll road, bridge, or ferry if the member:
(1)    is traveling to or returning from a parade, encampment, drill, or other duty that the member may be required by law to attend; and
(2)    presents an order for duty or identification card.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-213 - Retired Officers and Enlisted Individuals

(a)    The Governor may adopt regulations that provide for the retirement of officers and enlisted individuals.
(b)    The Governor may order a retired officer or enlisted individual to active duty.
(c)    (1)    There is a retired list exclusively restricted to retired officers and enlisted individuals of the organized militia.
(2)    The retired list shall be divided into three groups of retired individuals:
(i)    the National Guard;
(ii)    the Maryland Defense Force; and
(iii)    the Inactive National Guard.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-214 - Prohibited Acts

(a)    Except for the units of the organized militia and the troops of the United States, a body of persons may not associate as a military company or organization or parade in public as a military company or organization without the permission of the Governor.
(b)    Except for troops acting under the authority of the President, an armed military force from another state may not enter this State for military duty without the permission of the Governor.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-215 - Honor Guard at Burial Service of Veteran

(a)    (1)    The Adjutant General may organize a uniformed honor guard from the National Guard or the organized militia to attend the burial service of a deceased veteran if:
(i)    the commander of an accredited veterans’ organization or a relative or friend of the deceased veteran requests an honor guard to attend the burial service;
(ii)    a uniformed honor guard from the active armed forces or veterans’ organization is not available; and
(iii)    the Adjutant General determines that providing an honor guard will not harm:
1.    the readiness of the National Guard in the event of a State or federal emergency; or
2.    the employment of a National Guard member.
(2)    If an honor guard from the active armed forces is not available, the Adjutant General may request an honor guard from a veterans’ organization to attend the burial service of a deceased veteran.
(b)    (1)    The Adjutant General shall set reasonable compensation for honor guard members based on the availability of money in the budget.
(2)    Compensation may not exceed the expenses incurred to participate in the burial service of a deceased veteran plus the greater of:
(i)    100% of 1 day’s pay as determined by the current Department of Defense pay scale; and
(ii)    the minimum wage required under § 3-413 of the Labor and Employment Article.
(c)    The Adjutant General shall adopt regulations to carry out this section.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 2 - General Provisions › Section 13-217 - Sale of Superfluous Armories

(a)    The Department may sell an armory that is superfluous to the Department’s requirements if:
(1)    the Department has complied with § 5–310 of the State Finance and Procurement Article;
(2)    the Department of Planning has determined that no unit of State government is interested in the property under § 5–310(b)(2) of the State Finance and Procurement Article; and
(3)    the Board of Public Works has approved the sale.
(b)    (1)    The county or municipal corporation in which the armory is located has the right of first refusal to purchase the armory.
(2)    If the county or municipal corporation declines to purchase the property, the Department shall sell the property at public sale for the highest cash price obtainable.
(c)    The proceeds of a sale shall be placed in the Annuity Bond Fund under § 8–132 of the State Finance and Procurement Article.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 3 - Adjutant General; Assistants and Other Personnel › Section 13-301 - Adjutant General

(a)    The Adjutant General:
(1)    is the head of the Department;
(2)    shall be appointed by the Governor with the advice and consent of the Senate;
(3)    is subordinate only to the Governor in matters relating to the Department;
(4)    shall have a commissioned grade not above that of Lieutenant General; and
(5)    shall be a full–time employee of the Department in State active duty status.
(b)    At the time of appointment, the Adjutant General shall:
(1)    have at least 2 years of commissioned field grade service in the National Guard;
(2)    have attained at least the rank of colonel; and
(3)    meet the requirements for federal recognition at the rank of Major General.
(c)    The Adjutant General is a member of the Governor’s Executive Council.
(d)    If the Adjutant General is ordered into the active military service of the United States, the Governor may designate an acting Adjutant General to exercise the duties of the Adjutant General during the period the Adjutant General is on active military service.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 3 - Adjutant General; Assistants and Other Personnel › Section 13-303 - Assistant Adjutants General

(a)    (1)    The Governor shall appoint two Assistant Adjutants General for  the Maryland Army National Guard and two Assistant Adjutants General for the  Maryland Air National Guard.
(2)    An Assistant Adjutant General serves at the pleasure of the  Governor.
(3)    Unless selected for a military position requiring federal recognition  as a Major General, an Assistant Adjutant General shall have a commissioned grade  not above that of Brigadier General.
(b)    To be appointed as an Assistant Adjutant General an individual shall:
(1)    have at least 1 year of commissioned field grade  service in the National Guard; and
(2)    have attained at least the rank of colonel.
(c)    An Assistant Adjutant General shall perform the military duties that are  assigned by the Governor or Adjutant General.
(d)    (1)    One of the Assistant Adjutants General for the Maryland Army  National Guard and one of the Assistant Adjutants General for the Maryland Air  National Guard shall be full–time employees of the Department in State active duty  status.
(2)    The other two Assistant Adjutants General shall be traditional  drilling guard members.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 3 - Adjutant General; Assistants and Other Personnel › Section 13-305 - Deputy Adjutant General for Maryland Army National Guard

(a)    (1)    The Governor shall appoint a Deputy Assistant Adjutant General for the Maryland Army National Guard.
(2)    The Deputy Assistant Adjutant General serves at the pleasure of the Adjutant General.
(b)    The Deputy Assistant Adjutant General for the Maryland Army National Guard shall:
(1)    have a commissioned grade not above that of Brigadier General; and
(2)    perform the military duties assigned by the Governor or the Adjutant General.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 3 - Adjutant General; Assistants and Other Personnel › Section 13-306 - Other Personnel

(a)    Officers, warrant officers, and enlisted individuals who are full-time employees of the Department are in State active duty status.
(b)    (1)    The Governor may appoint a chief of staff and aides.
(2)    The chief of staff and aides serve at the pleasure of the Governor.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 4 - National Guard › Section 13-401 - Composition; Organization

(a)    (1)    The National Guard consists of:
(i)    the units of the organized militia allocated to the State by the United States Department of Defense that are supported wholly or partly by federal funds; and
(ii)    individuals transferred with the approval of the Governor to the National Guard by federal authorities to complete a reserve service obligation imposed by federal law.
(2)    The inactive National Guard consists of officers and enlisted individuals commissioned in, enlisted in, or transferred to the inactive National Guard.
(3)    An individual transferred to the National Guard is considered a member of the National Guard whether or not the individual executed the oath prescribed by § 13-206 of this title.
(b)    The National Guard and its units shall be organized as prescribed for the United States Army or United States Air Force, subject in time of peace to general exceptions that the Secretary of the Army or the Secretary of the Air Force authorize.
(c)    If the National Guard or any of its units are ordered into active military service of the United States by the President of the United States, the Governor may increase the military force and organize those units as the emergency requires.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 4 - National Guard › Section 13-402 - Police Power

(a)    A member of the National Guard has the same police power, authority, and status with respect to the enforcement of the law relating to criminal matters in the military area to which the member is assigned, as a law enforcement or peace officer has in the officer’s respective jurisdiction if:
(1)    the Adjutant General designates the member as National Guard full-time support personnel under Title 32 of the United States Code;
(2)    the Department controls or has jurisdiction over the member; and
(3)    the member is acting as a National Guard member.
(b)    A member of the National Guard has the immunities and defenses available to a law enforcement or peace officer in a criminal proceeding or civil suit brought because of an act performed in the course of employment and duty under this section.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 4 - National Guard › Section 13-403 - Assignment to Divisions, Brigades, and Other Tactical Units

(a)    To maintain an appropriate organization and to assist in instruction and training, the President of the United States may:
(1)    assign the National Guard to divisions, brigades, and other tactical units; and
(2)    detail officers from the National Guard or the United States Army or Air Force to command those units.
(b)    A commanding officer of a complete unit organized in the State may not be displaced under this section.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 4 - National Guard › Section 13-404 - Power of National Guard to Receive Property and Revenues

(a)    Except as otherwise authorized by law, the National Guard:
(1)    is designated as a law enforcement agency for the sole purpose of receiving property and revenues; and
(2)    may receive property and revenues under 18 U.S.C. § 981(e)(2), 19 U.S.C. § 1616a(c)(1)(B)(ii), and 21 U.S.C. §§ 881(e)(1)(A) and (e)(3) from those federal units that are supported by National Guard members in the Counter Drug Program.
(b)    (1)    Any property or revenues received by the National Guard under this section shall be used to supplement the resources allocated to the Counter Drug Program.
(2)    The use of the property and revenues shall conform to the guidelines of the United States Department of Justice, the United States Department of Defense, and the United States Department of the Treasury.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 4 - National Guard › Section 13-406 - Compensation for National Guard Ordered Out for State Active Duty or Training

(a)    This section:
(1)    applies when the National Guard is ordered out for State active duty or training by the Governor or by the Governor’s authority; and
(2)    does not apply to the National Guard when ordered to duty incident to an order into the active military service of the United States.
(b)    Subject to subsection (d) of this section:
(1)    an officer, warrant officer, and enlisted individual shall receive the same pay, including longevity pay, subsistence, per diem, and allowances, as an officer, warrant officer, and enlisted individual of like grade and length of service in the United States Army or Air Force; and
(2)    an individual ordered to active duty other than for training shall be paid a daily rate of at least 12 times the hourly federal minimum wage in effect at the time of active duty.
(c)    An enlisted individual who meets the qualifications that the Governor sets in small arms practice or for proficiency in the various duties of the branch or arm to which the individual belongs shall receive the following increase in pay of the individual’s grade for 1 year beginning on the first January 1 after qualification:
(1)    experts – 20%;
(2)    sharpshooters, gunners, drivers, and medical, first class – 15%; and
(3)    marksmen, gunners, drivers, and medical, second class – 10%.
(d)    On the recommendation of the Adjutant General, the Governor may reduce the rates of pay, including longevity pay and qualification pay under subsections (b) and (c) of this section.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 4 - National Guard › Section 13-407 - Oath -- Commissioned Officer of National Guard

A commissioned officer of the National Guard shall take the following oath of office:
“I, ..............., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Maryland, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of Maryland; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ................... in the National Guard of the United States and of the State of Maryland upon which I am about to enter, so help me God.”
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 4 - National Guard › Section 13-409 - 9-11 Service Bar

(a)    Any individual who is ordered into active duty for the National Guard in response to the foreign terrorist attacks in the United States on September 11, 2001, shall receive a service bar in recognition of this service.
(b)    The service bar shall depict the State flag and “9–11”.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 4 - National Guard › Section 13-410 - Reports

(a)    On a quarterly basis, the Adjutant General, in consultation with the Assistant Adjutants General, shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the number of Maryland National Guard members killed or injured while on active duty and the circumstances of the deaths or injuries.
(b)    This section applies only if members of the Maryland National Guard are killed or injured while on active duty during the period for which the report would be submitted.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 5 - Maryland Defense Force › Section 13-501 - Established

(a)    (1)    There is established in the State a Maryland Defense Force within the Military Department.
(2)    The Governor is the commander–in–chief of the Maryland Defense Force.
(3)    The Maryland Defense Force is under the operational control of the Adjutant General.
(4)    There is a commanding general of the Maryland Defense Force who is appointed by the Adjutant General and serves as such at the pleasure of the Adjutant General.
(b)    The Maryland Defense Force is a component of the organized militia of the State in addition to and separate from the National Guard.
(c)    (1)    The Maryland Defense Force shall have the primary mission of providing competent and supplemental professional, technical, and military support to the Maryland Army National Guard, the Maryland Air National Guard, and the Maryland Department of Emergency Management.
(2)    The Maryland Defense Force shall also have other duties and missions as it may be assigned from time to time by competent authority.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 5 - Maryland Defense Force › Section 13-502 - Regulations

(a)    (1)    The Governor may adopt regulations to carry out this subtitle governing the enlistment, organization, administration, equipment, maintenance, training, and discipline of the Maryland Defense Force.
(2)    The Governor may prescribe a uniform for the Maryland Defense Force.
(b)    As is practicable and desirable, regulations adopted under this section shall conform to applicable law and regulations that govern the National Guard, except those laws and regulations that apply to the National Guard when acting solely under Title 10 of the United States Code.
(c)    (1)    The regulations shall prohibit the Maryland Defense Force or a member of the Maryland Defense Force from accepting gifts, donations, gratuities, or anything of value from a person in exchange for specific and isolated services rendered by the Maryland Defense Force.
(2)    This provision may not be interpreted otherwise to prohibit gifts, bequests, and the like from any individual or organization to the Maryland Defense Force or any foundation or the like established to support its activities.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 5 - Maryland Defense Force › Section 13-503 - Composition

(a)    The Maryland Defense Force consists of:
(1)    commissioned or assigned officers; and
(2)    qualified individuals who volunteer to serve and are commissioned, appointed, or enlisted in the Maryland Defense Force.
(b)    An individual may not be commissioned or enlisted in the Maryland Defense Force if the individual:
(1)    is not a citizen of the United States;
(2)    has been dismissed from or received a bad conduct discharge or a dishonorable discharge, or any discharge other than under honorable conditions, from a military or naval organization of this State or of another state, or from any of the United States armed forces or its auxiliaries, or has been convicted of an offense under the laws of the United States or of any state punishable by imprisonment for more than 1 year, no matter what punishment was actually imposed; or
(3)    does not meet the qualifications for commissioning, appointment, or enlistment specified in regulations governing the Maryland Defense Force.
(c)    A civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil groups may not enlist in the Maryland Defense Force as an organization or unit.
(d)    (1)    All members of the Maryland Defense Force serve on a voluntary basis and without pay, unless under orders, approved by the Adjutant General, specifying that their service is with pay.
(2)    If an order approved by the Adjutant General specifies that the service of a member of the Maryland Defense Force is with pay, the member may be compensated in accordance with § 13–406 of this title.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 5 - Maryland Defense Force › Section 13-504 - Compensation; Oath; Enlistment Period; Resignation

(a)    An officer or warrant officer commissioned or appointed in the Maryland Defense Force shall take the oath prescribed in § 13–509 of this subtitle.
(b)    An individual who enlists in the Maryland Defense Force shall take an oath substantially in the form required for enlisted personnel of the National Guard, substituting “Maryland Defense Force” where necessary in the oath.
(c)    (1)    Except as provided in paragraph (2) of this subsection, the enlistment period in the Maryland Defense Force is determined by the commanding officer based on the specialty of the recruit and the needs of the militia and may be renewed.
(2)    In the case that a state of war exists between the United States and any other nation, or that there is a federal or State declaration of emergency presently in force in the State, all enlistments shall continue until 3 months after said state of war or emergency ends, unless the enlisted individual is discharged sooner by proper authority.
(d)    The Governor may accept the resignation of an officer or grant a discharge to an enlisted individual at any time.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 5 - Maryland Defense Force › Section 13-505 - Requisitions by Governor

(a)    The Governor may requisition any arms and equipment from the Secretary of the Army that are in the possession of and can be spared by the Department of the Army for use by the Maryland Defense Force.
(b)    The Governor may allow the Maryland Defense Force to use the facilities and equipment of a State armory or other available State premises and property.
(c)    A school authority may allow the Maryland Defense Force to use a school building or school grounds.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 5 - Maryland Defense Force › Section 13-506 - Use Outside of This State

(a)    (1)    Except as provided in subsections (b) and (c) of this section, the Maryland Defense Force may not be required to serve outside the State.
(2)    This section does not apply to any instance in which the Maryland Defense Force as part of the organized militia of the State is ordered into service of the United States by the President pursuant to the Constitution and laws of the United States.
(b)    (1)    On request of the governor of another state, the Governor of this State may order the Maryland Defense Force to serve outside the State to assist the military or other public safety forces of the requesting state.
(2)    The Governor of this State may recall the Maryland Defense Force from the other state.
(c)    If fresh pursuit is authorized by law of another state, any organization, unit, or detachment of the Maryland Defense Force, on the order of the commanding officer of the organization, unit, or detachment, may continue in fresh pursuit of insurrectionists, saboteurs, or enemies outside of this State into the other state until:
(1)    the insurrectionists, saboteurs, or enemies are apprehended; or
(2)    the military or law enforcement forces of the other state or forces of the United States have had a reasonable opportunity to pursue or apprehend the insurrectionists, saboteurs, or enemies.
(d)    (1)    An organization, unit, or detachment of the Maryland Defense Force shall surrender without unnecessary delay an individual apprehended in another state to the military or law enforcement force of:
(i)    the state of apprehension; or
(ii)    the United States.
(2)    The surrender of an individual apprehended under paragraph (1) of this subsection to the military or law enforcement forces of another state is not a waiver by this State of the right to extradite or prosecute the individual for a crime committed in this State.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 5 - Maryland Defense Force › Section 13-507 - Pursuit by Military Forces of Other States

(a)    A military force or an organization, unit, or detachment of a military force of another state that is in fresh pursuit of insurrectionists, saboteurs, or enemies may:
(1)    continue pursuit into this State until the military or law enforcement force of this State or the forces of the United States have had a reasonable opportunity to pursue or apprehend the insurrectionists, saboteurs, or enemies; and
(2)    arrest an insurrectionist, saboteur, or enemy apprehended in this State while in fresh pursuit.
(b)    A military force of another state that arrests an individual in this State shall surrender without unnecessary delay the individual to the military or law enforcement force of this State or the United States to be dealt with according to law.
(c)    (1)    This section does not make unlawful an arrest in this State that would otherwise be lawful.
(2)    This section does not repeal any provision of the Uniform Act on Fresh Pursuit under Title 2, Subtitle 3, Part II of the Criminal Procedure Article.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 5 - Maryland Defense Force › Section 13-508 - Federal Service

(a)    (1)    This title does not authorize the Maryland Defense Force to be ordered or drafted into the military service of the United States, except by order of the President of the United States acting pursuant to the Constitution and laws of the United States.
(2)    This provision may not be construed to prohibit service of the Maryland Defense Force or personnel thereof in missions in which federal military personnel are also serving or in command.
(b)    An individual is not exempt from military service under the laws of the United States because the individual is enlisted, commissioned, or appointed in the Maryland Defense Force.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 5 - Maryland Defense Force › Section 13-509 - Oath -- Commissioned Officer of Maryland Defense Force

A commissioned officer of the Maryland Defense Force shall take the following oath of office:
“I, ..............., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Maryland, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of Maryland; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ................... in the Maryland Defense Force upon which I am about to enter, so help me God.”
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 5 - Maryland Defense Force › Section 13-510 - Appointment and Commission

(a)    (1)    The Governor shall appoint and commission each commissioned officer or appoint each warrant officer of the organized militia on recommendation of the Adjutant General.
(2)    The appointments under paragraph (1) of this subsection do not require confirmation by the Senate of Maryland.
(b)    (1)    Each individual commissioned or appointed as an officer or warrant officer shall be:
(i)    an officer, warrant officer, or enlisted individual of the National Guard;
(ii)    a retired or former officer or warrant officer of the United States Army, Navy, Marine Corps, Air Force, or Coast Guard or any auxiliary thereof;
(iii)    an individual with prior enlisted service in the United States Army, Navy, Marine Corps, Air Force, or Coast Guard, or any auxiliary thereof;
(iv)    a graduate of the United States Military Academy, Naval Academy, Coast Guard Academy, Merchant Marine Academy, or Air Force Academy;
(v)    a graduate of a school, college, university, or officers’ training school who received military instruction under the supervision of an officer of the United States Army, Navy, Marine Corps, Air Force, or Coast Guard who certified the graduate’s fitness for appointment as a commissioned officer; or
(vi)    an individual not otherwise identified in items (i) through (v) of this paragraph who is specially qualified for service by achievement in any professional, technical, or public service capacity or otherwise displays extraordinary qualifications for commissioning as an officer of the Maryland Defense Force.
(2)    Before taking office, each member of the National Guard shall take the oath prescribed in § 13–407 of this title and each member of the Maryland Defense Force shall take the oath prescribed in § 13–509 of this subtitle.
(c)    When initially appointed, a general officer or colonel of the organized militia must:
(1)    be an officer in the National Guard of a grade of O–4 or higher; or
(2)    have served in any component or auxiliary of the United States Army, Navy, Marine Corps, Air Force, or Coast Guard or National Guard with the grade of O–4 or higher.
(d)    When initially appointed, a lieutenant–colonel or major of the line must have had  service as an officer for at least 2 years in any component or auxiliary of the United States Army, Navy, Marine Corps, Air Force, or Coast Guard or National Guard.
(e)    Subsections (c) and (d) of this section do not apply in the case of:
(1)    officers promoted to the grade of major or above from within the Maryland Defense Force; or
(2)    officers qualified under subsection (b)(1)(vi) of this section.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 6 - Officers › Section 13-601 - Brevet Commissions

(a)    (1)    On the recommendation of the Adjutant General, the Governor may grant to an officer of the organized militia a brevet commission of the next higher grade than the regular commission held by the officer.
(2)    The Governor may grant a brevet commission to an officer of the organized militia of a grade equal to the highest grade in which the officer previously served in the organized militia or in the United States Army, Navy, Marine Corps, Air Force, or Coast Guard.
(b)    A brevet commission carries only the rights or privileges that are allowed in like cases in the military service of the United States.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 6 - Officers › Section 13-602 - Vacating Commission

A commission of an officer of the organized militia may be vacated:
(1)    on resignation;
(2)    through absence without leave for 3 months;
(3)    on recommendation of an efficiency board;
(4)    under a sentence of a court–martial; or
(5)    on conviction of a crime punishable by incarceration for 1 year or more in any state or federal court.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 6 - Officers › Section 13-603 - Resignation of Officer

(a)    A commissioned officer of the organized militia tendering a resignation shall receive an honorable discharge if:
(1)    the Governor accepts the resignation;
(2)    the officer is not under arrest or returned to a military court for a deficiency or delinquency;
(3)    the officer is not indebted to the State; and
(4)    the accounts of the officer for money or public property are correct.
(b)    (1)    If the Governor accepts the resignation of an officer who, at the time of the resignation, is under arrest, under charges, or returned to a military court for an offense, deficiency, or delinquency, the officer shall:
(i)    cease to be an officer; and
(ii)    receive a discharge in a form that the Governor directs.
(2)    An officer who resigns under paragraph (1) of this subsection is not eligible to receive a commission unless the officer:
(i)    reenlists; and
(ii)    performs at least 100% of duty in each year of the reenlistment for 2 successive years.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 7 - Active Duty or Training › Section 13-701 - Authority to Order Out for Service; Failure to Appear

(a)    (1)    If the militia of the State is ordered under the Constitution and laws of the United States into the active military service of the United States, the Governor may order out for active duty the organized militia.
(2)    If the number of organized militia available is insufficient, the Governor may order out the unorganized militia.
(b)    Each member of the unorganized militia who volunteers or is ordered out is subject to court-martial under this title for failure to appear at the time and place designated by the member’s commanding officer.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 7 - Active Duty or Training › Section 13-702 - Militia in State Active Duty

(a)    This section applies to the Maryland Defense Force and the National Guard.
(b)    The Governor may order the militia into State active duty:
(1)    in times of or on reasonable apprehension of imminent public crisis, disaster, rioting, catastrophe, insurrection, invasion, tumult, or breach of peace;
(2)    when martial law is declared;
(3)    to enforce the laws; or
(4)    to carry on any function of the militia of the State.
(c)    (1)    To enforce the laws, a member of the militia in State active duty has all the authority of a peace or law enforcement officer.
(2)    The authority of the member extends throughout the State during the State active duty.
(d)    Whenever the militia is in State active duty, the ranking officer of the militia ordered into State active duty or that officer’s subordinates on State active duty shall:
(1)    cooperate with local law enforcement authorities; or
(2)    if the exigencies of the case require and subject only to order from the Governor:
(i)    direct and control local law enforcement authorities and the Department of State Police; and
(ii)    assume all the powers vested in these subordinated law enforcement authorities.
2023 Maryland Statutes › Public Safety › Title 13 - Militia › Subtitle 7 - Active Duty or Training › Section 13-703 - Warning for Duty

(a)    An officer, warrant officer, or noncommissioned officer may warn officers and enlisted individuals for duty by:
(1)    stating the substance of the order or reading the order to the individual warned;
(2)    leaving a copy of the order at the last known place of residence or business of the individual;
(3)    mailing a copy of the order to the last known residence or business address of the individual; or
(4)    sending the substance of the order via electronic communication, including telephone, cellular phone, facsimile, or electronic mail.
(b)    (1)    If required by the officer issuing the order, the officer or noncommissioned officer giving warning shall make a return of warning containing the name of the individual warned and the time, place, and manner of warning.
(2)    A return of warning:
(i)    may be verified by the officer or noncommissioned officer’s oath, which may be administered by an officer; and
(ii)    if verified, at the trial of an individual returned as a delinquent is evidence of the facts stated in the return and is to be considered as if the officer or noncommissioned officer had testified to those facts before a court–martial at trial.