reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 27 - Board of Armory Commissioners › § 542. Acquisition, maintenance, and disposal of property for National Guard use

§ 542. Acquisition, maintenance, and disposal of property for National Guard use
In the name of the State, the Board shall be responsible for the real estate and personal property of the National Guard. The Board may acquire or purchase, maintain, and dispose of by sale or otherwise real estate and personal property. Upon determination by the Board that real estate is to be disposed of, the disposal shall be at fair market value, and the proceeds shall be allocated to future capital construction acts. (Amended 1969, No. 261 (Adj. Sess.), § 5, eff. April 7, 1970; 1973, No. 223 (Adj. Sess.), § 6, eff. April 4, 1974; 2007, No. 200 (Adj. Sess.), § 51, eff. June 9, 2008; 2013, No. 51, § 44, eff. May 29, 2013; 2021, No. 10, § 22.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 27 - Board of Armory Commissioners › § 543. Location; plan of construction; contracts

§ 543. Location; plan of construction; contracts
The Board may determine the location of armories and their plan of construction and may make all contracts necessary for the purchase, erection, and maintenance of the armories of the National Guard. (Amended 2021, No. 10, § 23.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 27 - Board of Armory Commissioners › § 544. Issuance of warrants

§ 544. Issuance of warrants
Upon request of the Board, the Commissioner of Finance and Management shall issue warrants for sums as necessary to carry out the provisions of sections 541 and 543 of this chapter, subject to the limitations set forth in section 542 of this chapter. (Added 1959, No. 328 (Adj. Sess.), § 8; amended 1963, No. 39, § 6, eff. April 11, 1963; 1983, No. 195 (Adj. Sess.), § 5(b); 2021, No. 10, § 24.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 27 - Board of Armory Commissioners › § 545. Use of armories; rules

§ 545. Use of armories; rules
(a) The Board shall adopt rules governing the use and occupancy of the National Guard’s armories and property, which shall be posted in a conspicuous location in the National Guard’s buildings. A member of the National Guard who violates the rules shall be deemed guilty of a military offense, punishable as a court-martial shall direct pursuant to the provisions of sections 941 and 942 of this title.
(b) Fees collected under this section for rental of armories shall be credited to the Armory Rentals Special Fund and shall be available to the Military Department to offset the cost of providing the services. (Amended 1999, No. 49, § 212; 2017, No. 113 (Adj. Sess.), § 119; 2021, No. 10, § 25.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 29 - Calling Out the National Guard › § 601. When and by whom National Guard called out

§ 601. When and by whom National Guard called out
(a) The Governor or, in his or her absence, the Lieutenant Governor, or, in the absence of both, the Adjutant and Inspector General, in case of riot, rebellion, or insurrection within the State, or in case of great opposition to the service of legal process, whether civil or criminal, or in case of invasion or imminent danger of invasion, or in case of disaster, or emergency proclaimed by the Governor, may call out the National Guard, or such parts of the National Guard as he or she deems necessary, and may order this force into camp for instruction and drill.
(b) Until discharged by order of the Governor, the force shall be subject to his or her order and shall be governed by the regulations adopted for the U.S. Army and Air Force.
(c) The Governor may order the National Guard into camp for instruction and drill when, in his or her judgment, the interests of the State require. (Amended 1969, No. 261 (Adj. Sess.), § 1, eff. April 7, 1970; 1973, No. 223 (Adj. Sess.), § 7, eff. April 4, 1974; 2017, No. 113 (Adj. Sess.), § 120; 2021, No. 10, § 26.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 29 - Calling Out the National Guard › § 603. Arms and equipment; pay and rations

§ 603. Arms and equipment; pay and rations
When the National Guard, or a part of it, is ordered out pursuant to section 366 or 601 of this title, the State shall furnish arms and equipment necessary for each officer, warrant officer, and enlisted person, and they shall be entitled to pay, subsistence, and quarters allowance equivalent to that paid to members of the U.S. Armed Forces for officers, warrant officers, and enlisted persons of corresponding grade and time in service as designated in the U.S. Armed Forces pay tables. (Amended 1961, No. 8, eff. March 3, 1961; 1971, No. 163 (Adj. Sess.), eff. March 21, 1972; 1977, No. 35; 2007, No. 45, § 1; 2011, No. 149 (Adj. Sess.), § 3; 2021, No. 10, § 28.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 29 - Calling Out the National Guard › § 604. Failure of member of National Guard to report

§ 604. Failure of member of National Guard to report
When ordered out, a member of the National Guard who does not appear at the time and place designated shall be taken to be absent without leave and be dealt with as in State active duty status. (Amended 1973, No. 223 (Adj. Sess.), § 8, eff. April 4, 1974; 2021, No. 10, § 29.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 29 - Calling Out the National Guard › § 606. Control of National Guard assisting civil officer

§ 606. Control of National Guard assisting civil officer
When a portion of the National Guard is called out to assist a civil officer in the service of legal process, it shall be under the immediate command of the National Guard member of the highest rank who is present. The National Guard member in command shall act under and be subject to the general direction of the civil officer. (Amended 2021, No. 10, § 30.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 29 - Calling Out the National Guard › § 607. State active duty death benefit

§ 607. State active duty death benefit
There is established a death benefit in the amount of $50,000.00 for each Vermont National Guard member who dies while on State active duty or as the result of injuries incurred while on State active duty, provided the death or the injuries that result in death resulted from performing State active duty or from engaging in conduct related to State active duty. (Added 2007, No. 45, § 2; amended 2021, No. 10, § 31.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 29 - Calling Out the National Guard › § 608. Civilian leave option

§ 608. Civilian leave option
If any member of the Vermont National Guard is ordered to State active duty by the Governor, the service member shall have the right to take leave without pay from his or her civilian employment and shall be entitled to the protections and rights provided pursuant to 21 V.S.A. § 491. No member of the National Guard shall be required to use or exhaust his or her vacation or other accrued leave from his or her civilian employment for a period of active service. (Added 2011, No. 149 (Adj. Sess.), § 4; amended 2021, No. 10, § 32.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 29 - Calling Out the National Guard › § 609. Stay of legal proceedings because of service in National Guard

§ 609. Stay of legal proceedings because of service in National Guard
(a)(1) If a member of the Vermont National Guard who is ordered to State active duty by the Governor is a party to a civil or administrative proceeding in any Vermont court, the proceeding:
(A) may be stayed by the court on its own motion; or
(B) shall be stayed by application of the member or person acting on behalf of the member, unless the court finds that the proceeding would not be materially affected by reason of the member’s absence or that the member can participate by telephone or other electronic means.
(2) A motion for a stay under this subsection may be filed or the court may issue a stay at any time during the period of State active duty. Any stay issued shall not remain in effect for more than 30 days after the completion of State active duty.
(b) An application for a stay pursuant to subdivision (a)(1)(B) of this section shall include a letter or other communication from the member or a person on his or her behalf setting forth facts stating the manner in which the member’s duty requirements materially affect the member’s ability to appear and stating a date when the member is expected to be available to appear, together with any necessary information from the member’s commanding officer.
(c)(1) This section shall not apply to:
(A) proceedings involving relief from abuse orders under 15 V.S.A. chapter 21, subchapter 1;
(B) proceedings involving orders against stalking or sexual assault under 12 V.S.A. chapter 178;
(C) proceedings involving abuse prevention orders for vulnerable adults under 33 V.S.A. chapter 69, subchapter 1; or
(D) civil operator’s license suspension proceedings under 23 V.S.A. § 1205.
(2) If a service member is unable to appear at a hearing due to responsibilities related to State active duty service, the court may issue interim or ex parte orders in proceedings identified in subdivision (1)(A), (B), or (C) of this subsection, and the Department of Motor Vehicles may suspend a civil operator’s license. If the court issued any order while the member was on State active duty, upon the member’s return, he or she shall, upon request, be entitled to a hearing and the opportunity to move to strike or modify the order or suspension issued in his or her absence. If the civil operator’s license is reinstated, there shall be no reinstatement fee. (Added 2011, No. 149 (Adj. Sess.), § 5; amended 2021, No. 10, § 33.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 29 - Calling Out the National Guard › § 641. When and by whom called out

§ 641. When and by whom called out
Upon the request of the President of the United States, and in case of war or invasion, or to prevent insurrection or invasion, the Governor may call out as many of the Vermont National Guard as the circumstances require. The National Guard, when ordered to prepare for actual service, shall be administered and trained according to the laws of this State and of the United States. On the termination of the emergency, all persons discharged from the military service who were, upon draft into federal service, members of the Vermont National Guard shall resume their membership in the Vermont National Guard, and shall continue to serve in the Vermont National Guard until the dates upon which their enlistments prior to their draft would have expired if uninterrupted. (Amended 1973, No. 223 (Adj. Sess.), § 9, eff. April 4, 1974; 2021, No. 10, § 34.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 29 - Calling Out the National Guard › § 642. Failure to report

§ 642. Failure to report
Each officer, noncommissioned officer, and enlisted person ordered out, and every volunteer or drafted person, who fails to appear at the time and place designated, without rendering a sufficient excuse for the failure, shall be dealt with as provided by the laws of the United States in like cases. (Amended 2021, No. 10, § 35.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 31 - Oaths and Duties of Officers and Enlisted Members › § 701. Oaths of officers

§ 701. Oaths of officers
(a) A person commissioned as an officer or warrant officer of the National Guard, within the time designated by the Governor after the commission is tendered to the officer, shall take and subscribe to the oath as required by federal law and regulations before a civil officer legally qualified to administer oaths, or before a National Guard officer or warrant officer who has previously taken and subscribed the oath.
(b) The oath shall contain obligations of allegiance to the State and to the United States, or, in the absence of federal law or regulations upon the subject, the oath shall be prescribed by the Governor.
(c) In case of neglect or refusal to take the oath within the time specified, the officer shall be deemed to have resigned his or her office and a new election shall be ordered or appointment made as required by law. (Amended 2017, No. 113 (Adj. Sess.), § 121; 2021, No. 10, § 38.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 31 - Oaths and Duties of Officers and Enlisted Members › § 702. Oaths of enlisted members

§ 702. Oaths of enlisted members
(a) At the time of their enlistment, all enlisted members of the National Guard shall take and subscribe to the oath and contract prescribed by federal law and regulations before a National Guard officer or warrant officer who has taken and subscribed to the oath for officers pursuant to section 701 of this chapter.
(b) The oath shall contain obligations of allegiance to the State and to the United States. In the absence of applicable federal law or regulations, the oath and contract shall be prescribed by the Governor. (Amended 2017, No. 113 (Adj. Sess.), § 122; 2021, No. 10, § 39.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 31 - Oaths and Duties of Officers and Enlisted Members › § 703. Duties of officers

§ 703. Duties of officers
Commissioned officers shall obey orders received from superior officers; attend drills, parades, inspections, and reviews prescribed or authorized by this chapter; make returns pursuant to the direction of the Governor or rules adopted by the Adjutant and Inspector General; perform other duties incident to their positions under the Constitution and laws of this State and of the United States; and conform to rules adopted by the Adjutant and Inspector General. (Amended 2017, No. 113 (Adj. Sess.), § 123; 2021, No. 10, § 40.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 31 - Oaths and Duties of Officers and Enlisted Members › § 704. Duties of enlisted members

§ 704. Duties of enlisted members
Enlisted members shall obey orders received from their officers to attend drills, parades, inspections, and reviews directed or authorized by this chapter, and perform the duties incident to their respective positions, subject to the rules adopted by the Adjutant and Inspector General. (Amended 2017, No. 113 (Adj. Sess.), § 124; 2021, No. 10, § 41.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 35 - Military Equipment and Property › § 822. Damaged or destroyed property

§ 822. Damaged or destroyed property
When military arms, stores, uniforms, equipment, or property of any kind belonging to the State become damaged, partially or wholly unfit for use, or partially or wholly destroyed, the officer responsible for the property may request the Adjutant and Inspector General to appoint a board of inspection to examine and report as to its condition. (Amended 2021, No. 10, § 43.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 35 - Military Equipment and Property › § 823. Storage of property

§ 823. Storage of property
Military stores belonging to the State not issued to the National Guard, and military property belonging to the United States in possession of the State and not issued to the National Guard, shall be stored in the State. The Adjutant and Inspector General shall adopt the necessary rules to secure the safekeeping of military property issued to the National Guard. (Amended 2017, No. 113 (Adj. Sess.), § 125; 2021, No. 10, § 44.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 35 - Military Equipment and Property › § 824. Uniforms and equipment

§ 824. Uniforms and equipment
The uniforms and equipment of organizations and members of the National Guard shall be as prescribed and furnished by the federal government. (Amended 2017, No. 113 (Adj. Sess.), § 126; 2021, No. 10, § 45.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 37 - Rights and Privileges › § 884. Exemption from arrest

§ 884. Exemption from arrest
Officers, noncommissioned officers, and enlisted persons who are members of the Vermont National Guard and on federal or State active duty, except in the case of treason, felony, or breach of the peace, shall be privileged from arrest and imprisonment by civil authority, from the date they are ordered to active duty until the time of their discharge from active duty. (Amended 2021, No. 10, § 46.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 37 - Rights and Privileges › § 885. Brevet rank

§ 885. Brevet rank
When he or she deems it to be in the best interests of the Vermont National Guard, the Governor may, with the advice and consent of the Senate, confer brevet rank upon officers and enlisted members of the Vermont National Guard who have performed gallant, faithful, or meritorious service in the line of duty. A brevet rank conferred pursuant to this section shall only apply in the State of Vermont. (Amended 2021, No. 10, § 47.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 37 - Rights and Privileges › § 886. Retirement of officers

§ 886. Retirement of officers
A member of the National Guard may be placed upon the retired list as provided pursuant to the provisions of 10 U.S.C. chapters 69 and 1225 and any applicable regulations adopted by the Secretary of Defense. (Amended 2021, No. 10, § 48.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 39 - Courts-Martial › § 941. Statement of policy on military justice

§ 941. Statement of policy on military justice
An offense committed by a member of the National Guard shall be tried in civil courts and prosecuted by civil authorities except offenses of a purely military nature. This policy shall be executed and carried into effect at all times and applies to all encampments, armory drill periods, and parade periods in addition to any duty performed pursuant to sections 366 and 601 of this title. (Amended 1973, No. 223 (Adj. Sess.), § 11, eff. April 4, 1974; 2021, No. 10, § 50.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 39 - Courts-Martial › § 942. Military courts for the Vermont National Guard

§ 942. Military courts for the Vermont National Guard
(a) Except in organizations in the service of the United States, military courts in the Vermont National Guard are of three kinds: general, special, and summary courts-martial.
(b) When practicable considering finances, personnel, and administration, the military courts shall be constituted like similar courts provided for by the laws and regulations governing the U.S. Armed Forces and shall follow the forms and procedure prescribed for those courts. (Amended 1973, No. 223 (Adj. Sess.), § 12, eff. April 4, 1974; 2017, No. 113 (Adj. Sess.), § 127.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 39 - Courts-Martial › § 942b. Expenses of military courts

§ 942b. Expenses of military courts
(a) The expense incident to and connected with the holding of military courts in this State under this chapter shall be paid out of the General Fund under orders and rules issued by the Adjutant and Inspector General with the approval of the Governor.
(b) All fines levied and collected under this section shall be paid to the State of Vermont for deposit in the State’s General Fund.
(c) For each day of duty as a member of a general court-martial, or as a witness under summons from the President or Judge Advocate of the court, officers and enlisted Guard members shall be paid as provided in section 603 of this title.
(d) The presiding officer, or recorder of a military board appointed to conduct an investigation or survey, or an officer detailed for that purpose may administer oaths to any witness attending to testify in the investigation.
(e) All expenses incident to conduct of military boards shall be paid for upon proper vouchers drawn against the State’s General Fund.
(f) If a member of the National Guard is prosecuted by civil or criminal action for an act performed or committed by him or her or an act caused, ordered, or directed by him or her to be done or performed in furtherance of and while in the performance of his or her military duty, the expenses of the defense of the action, civil or criminal, including attorney’s fees, witness fees for the defense, defendant’s court costs, and all costs for transcripts of records and abstracts on appeal by the defense, shall be paid out of the State’s General Fund. (Added 1973, No. 223 (Adj. Sess.), § 14, eff. April 4, 1974; amended 2017, No. 113 (Adj. Sess.), § 129.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 39 - Courts-Martial › § 943. Sentence; warrant for commitment

§ 943. Sentence; warrant for commitment
Courts-martial, including summary courts, may sentence to confinement in lieu of fines imposed, provided that such sentence of confinement shall not exceed one day for each dollar of the fine. The warrant for commitment to the custody of the Commissioner of Corrections shall be substantially in the following form:
STATE OF VERMONT, To any sheriff or constable in the State,
.................... County, ss. } Greeting:
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 39 - Courts-Martial › § 944. Execution of processes and sentences

§ 944. Execution of processes and sentences
All processes and sentences of courts-martial shall be executed by civil officers of the State authorized to execute similar processes of the civil courts, and shall be returned to the court issuing the same. (Amended 2021, No. 10, § 52.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 39 - Courts-Martial › § 945. Rules of the National Guard

§ 945. Rules of the National Guard
All matters relating to the organization, government, and discipline of the National Guard, including nonjudicial punishment similar to that provided for in the Uniform Code of Military Justice, not otherwise provided for by the laws of the United States, this chapter, or regulations issued by the President shall be governed by rules adopted by the Adjutant and Inspector General and approved by the Governor, and the adopted rules shall have the same force and effect as though enacted in this chapter. (Added 1973, No. 223 (Adj. Sess.), § 16, eff. April 4, 1974; amended 2017, No. 113 (Adj. Sess.), § 130.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 39 - Courts-Martial › § 962. Service members subject to nonjudicial discipline

§ 962. Service members subject to nonjudicial discipline
(a) A service member subject to nonjudicial discipline under this subchapter shall, during the course of his or her disciplinary proceedings, have the right to:
(1) consult with a judge advocate or with private counsel at the service member’s own expense;
(2) submit matters in extenuation, mitigation, or defense; and
(3) call and examine witnesses, to the extent witnesses are reasonably available.
(b)(1) Except as provided in subdivision (2) of this subsection, a service member subject to nonjudicial discipline shall have the right to demand a court-martial in lieu of nonjudicial discipline.
(2) A service member subject to nonjudicial discipline shall not have the right to demand a court-martial in lieu of nonjudicial discipline if the commanding officer will not impose a restriction to certain specified limits, a fine, or extra duties if, after a hearing, the service member is found guilty of any offense with which he or she is charged and the commanding officer advises the service member of that fact when the commanding officer notifies the service member of his or her intent to impose nonjudicial discipline.
(c)(1) A service member subject to nonjudicial discipline under this subchapter may elect to have his or her case heard before a nonjudicial discipline panel, described in section 963 of this subchapter.
(2) The service member shall have 24 hours from the commanding officer’s notice of his or her intent to dispose of the matter by nonjudicial discipline to make an election for disposition by a nonjudicial panel, and shall have the right to consult with a judge advocate or with private counsel at the service member’s own expense prior to making such a decision. (Added 2013, No. 124 (Adj. Sess.), § 2; amended 2021, No. 10, § 54.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 39 - Courts-Martial › § 963. Nonjudicial discipline panels

§ 963. Nonjudicial discipline panels
(a) When a service member elects to have his or her case heard before a nonjudicial discipline panel as provided in section 962 of this subchapter, the panel shall be formed as follows:
(1) The panel shall consist of three members, appointed by the next higher authority of the commanding officer who seeks to impose the nonjudicial discipline.
(2) The members of the panel shall be officers who are senior to the service member requesting the panel. If it is an enlisted service member requesting the panel, there shall be at least one enlisted service member on the panel, but that enlisted service member must be senior to the enlisted service member requesting the panel.
(3) The senior member of the panel shall be the chair. The most junior member shall be the recorder and shall record summaries of the proceedings.
(4) If the nonjudicial discipline is being offered by a general officer, the panel shall consist of three members appointed by the Adjutant and Inspector General with the most senior member being the chair and the most junior member being the recorder, who shall record the summaries of the proceedings.
(b) The panel decision shall be by majority vote. The panel shall have the same authority and responsibility in conducting the proceeding and disposing of the matter, including imposing nonjudicial discipline, as has a commanding officer of the grade of major or above pursuant to this subchapter.
(c)(1) The panel shall forward its recommendation for disposition and imposition of discipline, if any, to the authority who appointed the panel under subsection (a) of this section.
(2)(A) The appointing authority may approve the recommended discipline or any part or amount as the appointing authority sees fit and may suspend, mitigate, or remit the recommended discipline as he or she deems appropriate.
(B) The appointing authority shall not approve any discipline in excess of that recommended by the panel. (Added 2013, No. 124 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 39 - Courts-Martial › § 964. Appeals from nonjudicial discipline decisions

§ 964. Appeals from nonjudicial discipline decisions
(a)(1) A service member disciplined under this subchapter who considers the discipline unjust or disproportionate to the offense may appeal to the next superior authority within 15 days after the discipline is either announced or notice of the discipline is sent to the accused, as the commander under section 961 or the appointing authority under section 963 of this subchapter may determine.
(2) An appeal from the decision of an appointing authority under section 963 of this subchapter shall be taken directly to the next higher authority, unless the action is initiated by a general officer, in which case the Adjutant and Inspector General shall have the final decision.
(b) The appeal shall be promptly forwarded and decided, but the service member disciplined may, in the meantime, be required to undergo the discipline adjudged.
(c)(1) The superior authority may exercise the same powers with respect to the discipline imposed as may be exercised under section 961 or 963 of this subchapter by the officer who imposed the discipline, except that the superior authority shall not impose any discipline in excess of what was originally imposed.
(2) Before acting on an appeal, the authority may refer the case to a judge advocate for consideration and advice. (Added 2013, No. 124 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 39 - Courts-Martial › § 965. Effect of nonjudicial discipline

§ 965. Effect of nonjudicial discipline
(a) The imposition and enforcement of nonjudicial discipline under this subchapter for any act or omission shall not be a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this subchapter.
(b) The fact that nonjudicial discipline has been enforced may be shown by the accused upon trial and, when so shown, it shall be considered in determining the measure of discipline to be adjudged in the event of a finding of guilty. (Added 2013, No. 124 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 61 - General Provisions › § 1151. Organization and maintenance

§ 1151. Organization and maintenance
(a) Whenever any part of the National Guard of this State is in active federal service, the Governor may organize and maintain within this State any military forces the Governor deems necessary to defend the State.
(b) The forces shall be:
(1) composed of officers commissioned or assigned, and any able-bodied citizens of the State who volunteer for service;
(2) additional to and distinct from the National Guard and shall be known as the Vermont State Guard;
(3) uniformed;
(4) located in places having National Guard units in federal service and, provided adequate personnel are available for service, other places the Governor may direct; and
(5) subject to regulations adopted by the Secretary of the Army for the organization, training, instruction, and discipline of similar military forces. (Amended 2017, No. 113 (Adj. Sess.), § 132; 2021, No. 10, § 55.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 61 - General Provisions › § 1152. Authority of Governor to adopt rules

§ 1152. Authority of Governor to adopt rules
The Governor may adopt rules consistent with the provisions of this chapter and chapters 63 and 65 of this title governing the enlistment, organization, administration, equipment, maintenance, training, and discipline of the State Guard. The rules, to the extent the Governor deems practicable and desirable, shall conform to existing law and rules governing the National Guard and applicable regulations adopted by the Secretary of the Army. (Amended 2017, No. 113 (Adj. Sess.), § 133; 2021, No. 10, § 56.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 61 - General Provisions › § 1153. Equipment and facilities

§ 1153. Equipment and facilities
For the use of the State Guard, the Governor may request from the Secretary of the Army any arms, ammunition, clothing, and equipment that the Secretary of the Army, in his or her discretion and under regulations adopted by him or her, is authorized to issue and to make available to the State Guard, the facilities of State armories and their equipment, and other State premises and property that are available. (Amended 2017, No. 113 (Adj. Sess.), § 134; 2021, No. 10, § 57.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 61 - General Provisions › § 1154. Service outside State

§ 1154. Service outside State
(a) The State Guard shall not be required to serve outside the boundaries of this State except:
(1) Upon the request of the governor of another state, the Governor may, in his or her discretion, order any portion or all of the State Guard to assist the military or police forces of the other state who are actually engaged in defending the other state. The State Guard may be recalled by the Governor at his or her discretion.
(2) Any organization, unit, or detachment of the State Guard, upon order of the officer in immediate command of it, may continue in fresh pursuit of insurrectionists, saboteurs, enemies, or enemy forces beyond the borders of this State into another state until they are apprehended or captured by the organization, unit, or detachment, or until the military or police forces of the other state or of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the persons, provided that the other state shall have given authority by law for the pursuit by the State Guard.
(b) Any person apprehended or captured in another state by an organization, unit, or detachment of the State Guard shall without unnecessary delay be surrendered to the military or police forces of the state in which he or she is taken or to the United States. The surrender of the person who is apprehended or captured shall not constitute a waiver by this State of its right to extradite or prosecute the person for any crime committed in this State. (Amended 2021, No. 10, § 58.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 61 - General Provisions › § 1155. Military service of United States

§ 1155. Military service of United States
(a) Nothing in this chapter or chapters 63 and 65 of this title shall be construed as authorizing the State Guard, or any part of it, to be called, ordered, or in any manner drafted into the U.S. Armed Forces.
(b) No person shall, by reason of his or her membership in any unit of the State Guard, be exempted from military service under any federal law. (Amended 2021, No. 10, § 59.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 61 - General Provisions › § 1156. Uniform Code of Military Justice in relation to courts-martial

§ 1156. Uniform Code of Military Justice in relation to courts-martial
Whenever the State Guard, or any part of it, is ordered out for active service, the Uniform Code of Military Justice applicable to members of the National Guard in relation to courts-martial, their jurisdiction, and the limits of punishment and any rules and regulations adopted pursuant to the Uniform Code of Military Justice shall apply to the Vermont State Guard. (Amended 2017, No. 113 (Adj. Sess.), § 135; 2021, No. 10, § 60.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 61 - General Provisions › § 1157. When effective

§ 1157. When effective
This chapter and chapters 63 and 65 of this title shall be effective upon a determination and proclamation by the Governor and the Emergency Board that a substantial part of the National Guard is not available for duty within the State, and shall be suspended upon a determination and proclamation by the Governor and the Emergency Board that a substantial part of the National Guard is available for duty within the State. (Amended 2021, No. 10, § 61.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 63 - Commission and Enlistment › § 1211. Eligibility

§ 1211. Eligibility
No person shall be commissioned or enlisted in the State Guard who is not a citizen of the United States or who has been expelled or dishonorably discharged from the U.S. Armed Forces or the National Guard of any state. (Amended 2021, No. 10, § 62.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 63 - Commission and Enlistment › § 1212. Private organizations

§ 1212. Private organizations
No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in the State Guard as an organization or unit. (Amended 2021, No. 10, § 63.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 63 - Commission and Enlistment › § 1213. Oath of officers commissioned

§ 1213. Oath of officers commissioned
The oath to be taken by officers commissioned in the State Guard shall be substantially in the form prescribed for officers of the National Guard, substituting the words Vermont State Guard where necessary. (Amended 2021, No. 10, § 64.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 63 - Commission and Enlistment › § 1214. Term of enlistment; oath

§ 1214. Term of enlistment; oath
The term of enlistment for enlisted members of the State Guard shall be for either one year or three years and may be renewed, subject to the termination or suspension of the authority for the State Guard. The oath to be taken upon enlistment in the State Guard shall be substantially in the form prescribed for enlisted members of the National Guard, substituting the words Vermont State Guard where necessary. (Amended 2021, No. 10, § 65.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 65 - Rights and Privileges › § 1271. Pay and rations

§ 1271. Pay and rations
When the State Guard or any part of it is ordered out for active duty or field training, its members shall be entitled to the same pay and rations as the National Guard on similar duty and shall be paid under rules adopted by the Governor. (Amended 2017, No. 113 (Adj. Sess.), § 136; 2021, No. 10, § 66.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 65 - Rights and Privileges › § 1274. Exemptions

§ 1274. Exemptions
No officer or enlisted member of the State Guard shall be arrested on any warrant, except for treason, felony, or breach of the peace, while going to, remaining at, or returning from a place where he or she is ordered for military duty. Every officer and enlisted member of the State Guard shall, during service in the State Guard, be exempt from service in any posse comitatus and from jury duty. (Amended 2021, No. 10, § 67.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 81 - Duties of Adjutant General Regarding Veterans › § 1483. Adjutant General; duties as to veterans’ affairs

§ 1483. Adjutant General; duties as to veterans’ affairs
In addition to the duties elsewhere set forth by law, the Adjutant and Inspector General shall:
(1) acquaint himself or herself, and his or her assistants and employees, with federal, State, and local laws enacted for the benefit of members of the U.S. Armed Forces and Vermont National Guard, veterans having a discharge other than dishonorable, and the heirs and beneficiaries of members and veterans;
(2) collect data and information as to facilities and services available to members of the U.S. Armed Forces and Vermont National Guard, veterans, and the heirs and beneficiaries of members and veterans;
(3) cooperate with information or service agencies throughout the State, to inform members of the U.S. Armed Forces and Vermont National Guard, veterans, the heirs or beneficiaries of members and veterans, and military and civilian authorities, regarding the existence or availability of:
(A) educational training and retraining facilities;
(B) health, medical, rehabilitation, and housing services and facilities;
(C) employment and reemployment services; and
(D) provisions of federal, State, and local laws affording rights, privileges, and benefits to members of the U.S. Armed Forces and Vermont National Guard, and veterans and their families and dependents, and other matters of similar, related, or appropriate nature;
(4) assist veterans and their heirs or beneficiaries in the presentation, proof, and establishment of claims, privileges, rights, and other benefits under federal, State, or local laws; and
(5) cooperate with all national, State, and local governmental and private agencies in securing services or any benefits to veterans and their families and dependents. (Amended 1959, No. 329 (Adj. Sess.), § 35(b), eff. March 1, 1961; 2021, No. 10, § 68.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 81 - Duties of Adjutant General Regarding Veterans › § 1484. Assistants; office space

§ 1484. Assistants; office space
Subject to the approval of the Governor, the Adjutant and Inspector General may employ expert and clerical assistants as necessary to administer the functions and duties of the Adjutant and Inspector General with respect to veterans’ affairs, and shall fix their compensation within the amounts made available by appropriation for those functions and duties. (Amended 1959, No. 329 (Adj. Sess.), § 35(c), eff. March 1, 1961; 2005, No. 85 (Adj. Sess.), § 1; 2021, No. 10, § 69.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 81 - Duties of Adjutant General Regarding Veterans › § 1485. Cooperation with local organizations

§ 1485. Cooperation with local organizations
The Adjutant and Inspector General may cooperate with local organizations in the State to provide information and assistance for the purposes set forth in this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 35(d), eff. March 1, 1961; 2021, No. 10, § 70.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 81 - Duties of Adjutant General Regarding Veterans › § 1486. Acceptance of gifts, services, and facilities

§ 1486. Acceptance of gifts, services, and facilities
The Adjutant and Inspector General is authorized to accept gifts, services, and facilities from any source, public or private, granted in aid of the administration of the duties of the Adjutant and Inspector General, provided that no obligation is imposed by the acceptance. (Amended 1959, No. 329 (Adj. Sess.), § 35(e), eff. March 1, 1961; 2021, No. 10, § 71.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 83 - Rights and Preferences of Veterans › § 1543. Preferences in appointment to State positions

§ 1543. Preferences in appointment to State positions
In certification for appointment, in appointment, in employing, in retention of employment position, whether in classified or unclassified civil service, whether for temporary or for extended time, wherever State funds furnish the payroll, preference shall be given to:
(1) ex-service personnel who served on active duty in any branch of the U.S. Armed Forces and have been separated from active duty under honorable conditions and who have established the present existence of a service-connected disability or who are receiving compensation or disability retirement benefits by reason of public laws administered by the U.S. Department of Veterans Affairs, or the U.S. Department of Defense;
(2) spouses of service-connected disabled ex-service personnel who have themselves been unable to qualify for any civil service appointment by reason of their disability;
(3) unmarried widows or widowers of deceased ex-service personnel who served on active duty in the U.S. Armed Forces during any war, or in any campaign or expedition for which a campaign badge has been authorized, or during the period specified in subdivision (5) of this section and who were separated from active duty under honorable conditions;
(4) ex-service personnel who served on active duty in the U.S. Armed Forces, during any war, or in any campaign or expedition for which a campaign badge has been authorized, and have been separated from active duty under honorable conditions; and
(5) ex-service personnel who have served on active duty in the U.S. Armed Forces during the period beginning July 1, 1955, and have been separated from the U.S. Armed Forces under honorable conditions. (Amended 1967, No. 268 (Adj. Sess.), § 1, eff. March 7, 1968; 1987, No. 174 (Adj. Sess.), § 6; 2021, No. 20, § 146; 2021, No. 105 (Adj. Sess.), § 377, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 83 - Rights and Preferences of Veterans › § 1544. State pay for military service

§ 1544. State pay for military service
(a) Each enlisted individual in the U.S. Armed Forces subsequent to August 5, 1964 and not later than March 31, 1973 who resided in the State of Vermont at the time of the individual’s enlistment or induction into the U.S. Armed Forces shall be entitled to receive from the State, in addition to the pay received from the federal government, the sum of $10.00 for each month not exceeding a total of 12 months served in such forces. Payment may be made upon honorable discharge from service, or upon death in service, or upon honorable separation from active federal service, and in the case of the death of the enlisted individual after discharge and prior to the receipt of payment, it shall be paid to the individual’s spouse or, if there is no spouse living, to the next of kin who are lineal heirs.
(b) In case any enlisted individual dies while in service, the individual’s spouse or, if there is no spouse living, the next of kin who are lineal heirs shall be entitled to receive from the State the sum of $120.00, except that if any claim is made under this section by a claimant other than a spouse or issue of the deceased, the claim shall not be paid for a period of nine months after the decease of the enlisted individual, and payment made by the State after the nine-month period shall be in and constitute full compliance with this section.
(c) No person shall receive compensation from the State of Vermont under this section if the individual enlisted with the U.S. Armed Forces for a period of six months or less for the sole purpose of training.
(d) No person shall receive compensation from the State of Vermont for any service performed subsequent to the end of the Vietnam era as set forth in 38 U.S.C. § 101, May 7, 1975. (Added 1969, No. 209 (Adj. Sess.), § 1, eff. March 24, 1970; amended 1973, No. 138 (Adj. Sess.), § 6, eff. Feb. 22, 1974; 2021, No. 105 (Adj. Sess.), § 378, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 83 - Rights and Preferences of Veterans › § 1545. Vermont distinguished service medals

§ 1545. Vermont distinguished service medals
(a) The Governor may present in the name of the State of Vermont a distinguished service medal, ribbon, lapel button, and certificate to an individual or the individual’s spouse, child, parent, sibling, or grandchild if the individual is deceased, provided the individual meets all the following eligibility criteria:
(1) Served on federal active duty in the U.S. Armed Forces in a combat theater of operations during a war or emergency, as evidenced by service during any period of war prior to April 6, 1916; foreign service during World War I or World War II; or receipt of federal decorations showing combat-related service since January 1, 1947.
(2) Received an honorable discharge from federal active duty in the U.S. Armed Forces or died before separating from federal active duty in the U.S. Armed Forces or was declared missing in action by the U.S. Department of Defense; or is currently a member in good standing on federal active duty in the U.S. Armed Forces with more than four years of service.
(3) Is a current resident of Vermont or was a resident of Vermont at the time of entry into military service or was mobilized to federal active duty while a member of the Vermont National Guard or other reserve unit located in Vermont, regardless of the resident’s home of record.
(b) The distinguished service medal shall conform to MIL-DTL-3943 and the State specification sheets; the ribbon shall conform to MIL-DTL-11589 as to quality and construction; and the lapel button shall conform to MIL-DTL-11484. The State specification sheets and original model shall be kept by the Secretary of State.
(c) Application for a distinguished service medal may be made to the Office of Veterans’ Affairs. The Office of Veterans’ Affairs shall also design, cast, and procure the distinguished service medals, and maintain and verify records and documents pertaining to the medals and awards. Approved applicants may choose to receive the medal by mail or in a ceremony with the Governor or a representative of the Governor. (Added 1999, No. 155 (Adj. Sess.), § 12c; amended 2005, No. 100 (Adj. Sess.), § 1, eff. March 23, 2006; 2007, No. 155 (Adj. Sess.), § 1; 2021, No. 20, § 147.)