26-172. Emergency mobilization; requests by municipalities for aid of national guard; mobilization into United States service

A. When the governor proclaims an emergency, or deems it necessary to protect lives or property, the governor may mobilize all or any part of the national guard or the unorganized militia into service of the state. The order directing the national guard or the unorganized militia, or any part thereof, to report for active duty shall state the purpose for which it is mobilized and the objectives to be accomplished.

B. The adjutant general shall issue orders for mobilization, appoint troop commanders and act as chief of staff to the governor. The adjutant general shall, with consent of the governor and in the name of the adjutant general, issue orders designating local commanders, giving tactical and administrative instructions, and defining the objectives of each mobilized unit.

C. The civil authorities of a county or municipality requiring aid of the national guard to quell any riot, insurrection or other civil disturbance shall submit to the governor a written request for aid, setting forth the particular object to be accomplished and the area affected. Upon receipt of the request the governor may by proclamation mobilize all or any part of the national guard or the unorganized militia, and the governor shall designate the adjutant general or an officer of the national guard to take command of the troops mobilized and to designate the troops to be used.

D. To request assistance of the national guard, or the unorganized militia, or any part thereof in a search or rescue operation involving the life or health of any person, the sheriff or other officer of a political subdivision who is conducting the search or rescue operation shall by the most rapid and suitable means of communication available convey the need to the state director of emergency management for transmittal to the governor. If the governor grants the request the sheriff or other officer shall, within two days, transmit a written confirmation of the request to the governor.

E. If the president of the United States directs mobilization of the national guard into the armed forces of the United States, the adjutant general shall effect the mobilization speedily and in the manner prescribed. Upon mobilization into the armed forces of the United States, the national guard shall pass to federal control and shall not be subject to military laws of the state until the time it reverts to control of the state.