Title: S.L. 1963-1016
Category: Introduced Bill
Keywords: Bill ?

NORTH CAROLINA GENERAL ASSEMBLY
1963 SESSION

CHAPTER 1016
HOUSE BILL 924

AN ACT TO AUTHORIZE THE ORGANIZATION AND REGULATION OF A STATE DEFENSE MILITIA CADRE, TO REWRITE G.S. 127-111 RELATING TO THE MILITIA, AND TO OTHERWISE VARIOUSLY AMEND SECTIONS OF CHAPTER 127 PERTAINING TO THE MILITIA AND THE NATIONAL GUARD.

The General Assembly of North Carolina do enact:

Section 1.  Article 12 of Chapter 127 of the General Statutes is amended by changing the caption thereof to "State Defense Militia", rewriting G.S. 127-111, and adding a new Section, to be designated as G.S. 127-111.1, and to read as follows:
"ARTICLE 12
"State Defense Militia
"127-111.  Authority to Organize and Maintain State Defense Militia of North Carolina. (a) The Governor is authorized, subject to such regulations as the Secretary of Defense may prescribe, to organize such part of the unorganized militia as a State force, for discipline and training, into companies, battalions, regiments, brigades or similar organizations, as may be deemed necessary for the defense of the State; to maintain, uniform, and equip such military force within the appropriation available; to exercise discipline in the same manner as is now or may be hereafter provided by the State laws for the National Guard; to train such force in accordance with training regulations issued by the Secretary of Defense. Such military force shall be subject to the call or order of the Governor to execute the law, suppress riots or insurrections, or to repel invasion, as may now or hereafter be provided by law for the National Guard or for the State Militia.
"(b)	Such military force shall be designated as the 'North Carolina State Defense Militia' and shall be composed of personnel of the unorganized militia as may volunteer for service therein or drafted as provided by law. To be eligible for service in an enlisted status, a person must be at least seventeen years of age and under fifty years of age, or under sixty-four years of age and a former member of the Armed Forces of the United States. To be eligible for service as an officer, a male must be at least eighteen years of age and under sixty-four, and a female at least twenty-one years of age and under sixty-four. The force and its personnel shall be additional to and distinct from the National Guard organized under existing law. A person may not become a member of the defense militia established under this Section, if a member of a reserve component of the Armed Forces.
"(c)	The Governor is hereby authorized: to prescribe rules and regulations governing the appointment of officers, the enlistment of other personnel, the organization, administration, equipment, discipline and discharge of the personnel of such military force; to requisition from the Secretary of Defense such arms and equipment as may be in possession of and can be spared by the Department of Defense; and to furnish the facilities of available armories, equipment, State premises and property, for the purpose of drill and instruction.
"(d)	Such forces shall not be called, ordered, or in any manner drafted, as such, into the military service of the United States, but no person shall by reason of membership therein, be exempt from military service under any Federal law.
"(e)	The Governor is hereby authorized to transfer to the benefit of the State Defense Militia any available and unexpended funds which he shall find necessary for its use from any appropriations to the National Guard by the General Assembly, and for the same purpose to allot moneys from the contingency and emergency fund with the concurrence of the Council of State. Upon disbandment of the State Defense Militia any moneys or balance to the credit of any unit of this organization shall be paid into the State Treasury for the benefit of the National Guard, and all property, clothing, and equipment belonging to the State shall be transferred to the account of the National Guard for disposition in accordance with the best interests of the State and as deemed advisable by the Governor. Upon disbandment of any unit of the State Defense Militia prior to the disbandment of the entire organization, the Governor is authorized to direct the transfer of any State property or balance of funds of the disbanded unit to any other unit, including any new unit or units organized to fill vacancies, or otherwise, as the Governor may direct.
"(f)	The North Carolina State Defense Militia shall be subject to the military laws of the State not inconsistent with or contrary to the provisions contained in this Article with the following exceptions: "The provisions of Sections 127-84, 127-85, and 127-102, as amended, shall not be applicable to the personnel and units of the State Defense Militia.
"(g)	There shall be allowed annually to each unit or company of the State Defense Militia such funds as may be necessary to be applied to the payment of armory rent, heat, light, stationery, printing, and other expenses. The allowance to each unit annually shall not exceed three thousand dollars ($3,000.00).
"(h)	All payments are to be made by the Adjutant General in accordance with State laws in semiannual installments on the first day of July and the first day of January of each year, but no payment shall be made unless all drills and duties required by law are duly performed by all organizations named.
"(i)	The commanding officer of each organization participating in the appropriation herein named shall render an itemized statement of all funds received from any source whatsoever for the support of the organization in such manner and on such forms as may be prescribed by the Adjuant General. Failure on the part of any officer to submit promptly, when due, the financial statement of his organization will be sufficient cause to withhold all appropriations for the organization."
"127-111.1.  State Defense Militia Cadre. (a) The Governor is authorized: to organize and regulate part of the unorganized militia as a State Defense Militia Cadre in units or commands which he may deem necessary to provide a cadre for an active State Defense Militia; to prescribe regulations for the maintenance of the property and equipment of the cadre, for the exercise of its discipline, and for its training and duties.
"(b)	The cadre shall be designated the 'North Carolina State Defense Militia Cadre' and shall be composed of a force of officers and enlisted personnel raised by appointment of the Governor, or otherwise, as may be provided by law. Personnel of the cadre shall serve without pay. The Adjutant General may reimburse cadre members for expenses actually incurred, not to exceed the amount appropriated and authorized for such purposes by the General Assembly.
"(c)	The Governor's authority hereunder shall not be subject to regulations prescribed by the Secretary of Defense. Age and membership requirements for the State Defense Militia generally, as set forth in G.S. 127-111, shall apply. The training of the cadre need not be in accordance with training regulations issued by the Department of Defense. The provisions of 127-lll(c), (d), (g), and (h) shall apply.
"(d)	The total authorized strength of the cadre, its authorized officer and enlisted strength, the composition of each of its units or commands, and the allocation of cadre units or commands among the counties, cities, and towns of the State, shall be as prescribed by the Governor in suitable regulations enforced through the Adjutant General, or as otherwise provided by law.
"(e)	The duties of the State Defense Militia Cadre shall be as ordered and directed by the Governor from time to time, or in regulations, and may include authority to take charge of armories and other military installations and real properties used by the North Carolina National Guard, together with such other property as the regulations may provide, when and if the North Carolina National Guard, or any part thereof, may be inducted into the service of the United States, or, for any extended period of time, may be absent on any duty from its home station. In addition, the cadre shall have duties appropriate to the organization, maintenance, and training of a military cadre to act as a nucleus for the organization of an active State Defense Militia whenever the necessity may arise."
Sec. 2.  Chapter 127 of the General Statutes of North Carolina pertaining to the militia is amended as follows:
a.	G.S. 127-1 is amended to read as follows:
"The militia of the State shall consist of all able-bodied male citizens of the State and of the United States between the ages of twenty-one and forty years who are not exempt by reason of aversion to bearing arms, from religious scruples; together with all other able-bodied persons who are, or have or shall have declared their intention to become, citizens of the United States, subject to such qualifications as may be hereinafter prescribed, who shall voluntarily enlist or accept commission, appointment or assignment to duty therein. The militia shall be divided into five classes: the National Guard, the Naval Militia, Historical Military Commands, the State Defense Militia, and the Unorganized Militia."
b.	G.S. 127-2, as the same appears in the 1961 Cumulative Supplement, is amended by inserting a comma after the word "militia" and deleting the word "and" in line 2 thereof, and further adding the words "and warrant" immediately after the word "commissioned".
c.	By adding a new Section, designated G.S. 127-3.2, to read as follows:
"G.S. 127-3.2.  Composition of State Defense Militia. The State Defense Militia shall consist of commissioned, warrant and enlisted personnel called, ordered, appointed, or enlisted therein by the Governor under the provisions of Article 12, G.S. 127-111 et seq."
d.	G.S. 127-4 is amended as follows:
(1)	By deleting the word "male" in line 2 thereof;
(2)	By deleting the word "males" in line 3 and substituting in lieu thereof the word "persons";
(3)	By deleting the words "more than" and substituting therefor the words "at least" in line 4 thereof;
(4)	By deleting the words "not more than forty-five years of age" in line 5 and substituting in lieu thereof "under sixty-four years of age".
e.	G.S. 127-7 is amended by adding the words "or the State Defense Militia or both" immediately after the word "guard" in line 4 thereof.
f.	G.S. 127-10 is amended by inserting immediately following the word "guard" in line 4 thereof the words and punctuation ", State Defense Militia".
g.	G.S. 127-14, as the same appears in the 1961 Cumulative Supplement, is amended by deleting the word "an annual" in line 9 thereof and substituting therefor the words "a biennial", by deleting "of each year" in line 10, and further by changing "year" in line 12 thereof to "biennium".
h.	G.S. 127-16 is amended by changing the caption thereof to "Property and Fiscal Officer for North Carolina" and further by deleting the word "disbursing" as it appears in lines 2, 11, 14, and 16, and substituting in each deletion, the words "property and fiscal."
i.	G.S. 127-23.1 is amended by deleting the word "army" in line 4 thereof and in line 3 of the last paragraph thereof and substituting the words "Armed Forces."
j.	G.S. 127-27, as the same appears in the 1961 Cumulative Supplement to the General Statutes, is amended by adding immediately after the word "service" and before the period at the end of the Section, the following: "and the Adjutant General of the State of North Carolina".
k.	G.S. 127-37.1 is amended by deleting the words "North Carolina National Guard" in lines 8 and 9 thereof and substituting the words "Armed Forces".
i.	G.S. 127-73 is amended' as follows:
(1)	The words "National Guard Reserve" in lines 3 and 4 are deleted and the words "State Defense Militia" are substituted in lieu thereof;
(2)	In line 7 immediately after the word "guard" the following punctuation and words shall be inserted: ", the State Defense Militia".
m.	G.S. 127-74 is amended by rewriting the last sentence thereof to read as follows: "He may attach them to the several organizations of the National Guard, the State Defense Militia or Naval Militia, as may be best for the service."
n.	G.S. 127-77 is amended as follows:
(1)	The first sentence of the Section is amended to read as follows: "The Adjutant General is authorized to detail a commissioned officer of the North Carolina National Guard or member of the State Defense Militia to promote rifle marksmanship among the State Defense Militia and the Unorganized Militia of the State.";
(2)	In lines 4 and 5 of the Section the words "of the unorganized militia" are deleted;
(3)	In the last sentence of the first paragraph of the Section the word "army" is deleted and the words "Armed Forces" are substituted in lieu thereof;
(4)	In the first line of the last paragraph of the Section, the word "unorganized" is deleted and the words "State Defense" are substituted therefor.
Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 4.  This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 19th day of June, 1963.