Code of Virginia
Title 44 - Military and Emergency Laws

§ 44-13.1. Virginia National Guard Morale, Welfare, and Recreation Program established - The Adjutant General is authorized to establish a Virginia National...

§ 44-13.2. Administration of the MWR Program - The Adjutant General may authorize the MWR Program to (i)...

§ 44-13.3. Virginia National Guard MWR Fund - There is created within the state treasury a special nonreverting...

§ 44-13.4. Risk management - The MWR Program shall be eligible to participate in the...

§ 44-14. Expenditures for Department - All payments and disbursements payable out of the appropriation to...

§ 44-15. Reports to Secretary of Defense - The Adjutant General shall make such returns and reports to...

§ 44-16. Records of Adjutant General - The Adjutant General shall keep a record of all officers...

§ 44-17. Regulations as to reports and care of property - The Adjutant General is empowered to make such regulations pertaining...

§ 44-18. Repealed - Repealed by Acts 2015, c. 221, cl. 2.

§ 44-19. Adjutant General to have charge of military property - The Adjutant General shall have charge and care of all...

§ 44-20. Deputy Adjutant General (Army and Air) and Assistant Adjutant General (Army); assistants and clerical forces of Adjutant General - The Adjutant General shall have a Deputy Adjutant General (Air),...

§ 44-21. Bonds of Adjutant General and fiscal clerks - The Adjutant General and his fiscal clerks shall be bonded...

§ 44-22. Auditing accounts of Adjutant General - The office and accounts of the Adjutant General pertaining to...

§ 44-23. Repealed - Repealed by Acts 1984, c. 734.

§ 44-24. United States Property and Fiscal Officer - The Governor shall appoint, designate or detail, subject to the...

§ 44-24.1. Repealed - Repealed by Acts 2015, c. 221, cl. 2.

§ 44-25. Organization; composition of units - Except as otherwise specifically provided by the laws of the...

§ 44-26. Location of units and headquarters - The Governor shall determine and fix the location of the...

§ 44-27. Appointment and promotion of officers - All officers of the National Guard shall be appointed and...

§ 44-28. Qualifications of commanding or staff officers - No person shall be appointed a commanding or staff officer...

§ 44-29. Qualifications of National Guard officers - The qualifications of National Guard officers shall be as prescribed...

§ 44-30. Tests as to fitness for officers; examining board - No person shall hereafter be appointed an officer of the...

§ 44-31. Relative rank of officers - Relative rank among officers of the same grade shall be...

§ 44-32. Oath of National Guard officers - Commissioned officers of the National Guard shall take and subscribe...

§ 44-32.1. Administration of oaths of office and enlistment - Any duly commissioned officer or warrant officer of the Virginia...

§ 44-33. Elimination and disposition of officers - At any time the moral character, capacity, and general fitness...

§ 44-34. Repealed - Repealed by Acts 1958, c. 393.

§ 44-35. Enlistments in National Guard - Enlistments in the National Guard shall be as prescribed in...

§ 44-36. Enlistment contract and oath - Enlisted persons shall not be recognized as members of the...

§ 44-37. Discharge of enlisted persons - An enlisted person discharged from service in the Virginia National...

§ 44-38. Membership continued in National Guard after termination of federal service - When inducted into the active military service of the United...

§ 44-39. Uniforms, arms and equipment - The National Guard shall, as far as practicable, be uniformed,...

§ 44-39.1. Possession of handguns by members at National Guard facilities - To the extent permitted by federal law and by the...

§ 44-40. Discipline and training - The discipline and training of the Virginia National Guard shall...

§ 44-40.01. Nonjudicial disciplinary proceedings - Service members of the Virginia National Guard, not in federal...

§ 44-40.1. Persons subject to the Virginia military laws - All members of the Virginia National Guard are subject to...

§ 44-40.2. Administration of oaths and taking of sworn statements by commissioned officers - In addition to those powers set forth in § 44-40,...

§ 44-41. Armory drills, inactive training, annual active duty training, etc. - Training, including inactive training, armory drills, annual active duty for...

§ 44-41.1. Failure to report; etc. - If any person, being an active member of the Virginia...

§ 44-41.2. Sharing of information with Virginia Employment Commission upon separation - The Adjutant General shall, in consultation with the Commissioner of...

§ 44-42. Kinds of courts-martial; how constituted and powers - In the National Guard not in federal service, there shall...

§ 44-43. Repealed - Repealed by Acts 2011, cc. 572 and 586, cl. 2.

§ 44-44. Special courts-martial - A. In the National Guard for servicemembers on orders for...

§ 44-45. Summary courts-martial - A. In the National Guard for servicemembers on orders for...

§ 44-46. Repealed - Repealed by Acts 1977, c. 74.

§ 44-46.1. Military judges - A military judge shall be a commissioned officer of the...

§ 44-47. Process and procedure - In the Virginia National Guard military judges whenever they sit...

§ 44-48. Review of judgments of courts-martial; procedure - Judgments of special and summary courts-martial shall be subject to...

§ 44-49. Where sentences executed - All sentences to confinement imposed by any military court of...

§ 44-50. How process and sentence executed - All processes and sentences of any of the military courts...

§ 44-51. Certificates - Where any sentence to fine or imprisonment shall be imposed...

§ 44-52. Repealed - Repealed by Acts 2011, cc. 572 and 586, cl. 2.

§ 44-53. Collection of fines - For the purpose of collecting any fines or penalties imposed...

§ 44-54. Disposition of fines - All fines imposed by courts-martial or other military courts, whether...

§ 44-54.1. Compact enacted into law; terms - The National Guard Mutual Assistance Compact is hereby enacted into...

§ 44-54.2. Payment of liability of State pursuant to Article III (f) of compact - Upon presentation of a claim therefor by an appropriate authority...

§ 44-54.3. Members of National Guard deemed to be in state service when engaged pursuant to compact - In accordance with Article III (h) of the compact, members...

§ 44-54.4. Organization; definitions - The Virginia Defense Force with a targeted membership of at...

§ 44-54.5. Composition of units - The organization and composition of units and force structure shall...

§ 44-54.6. Members, appointment and enlistment - The age limitations of § 44-1 to the contrary notwithstanding,...

§ 44-54.7. Regulations - Recruiting, enlistment, retention, organization, administration, equipment, facilities, training, discipline, discharge,...

§ 44-54.8. Administration of oaths - All commissioned officers of the Virginia Defense Force and such...

§ 44-54.9. Uniform; rank in precedence; command - The Virginia Defense Force shall be uniformed and shall conform...

§ 44-54.10. Discipline - All members of the Virginia Defense Force on training duty...

§ 44-54.11. Discharge; dismissal - Upon expiration of the term of service for which appointed...

§ 44-54.12. Arms, equipment and facilities - The Virginia Defense Force, to the extent authorized by the...

§ 44-55. Repealed - Repealed by Acts 2015, c. 221, cl. 2.

§ 44-67. Repealed - Repealed by Acts 2015, c. 221, cl. 2.

§ 44-75. Repealed - Repealed by Acts 1988, c. 352.

§ 44-75.1. Militia state active duty - A. The Governor or his designee may call forth the...

§ 44-75.1:1. Compact enacted into law; terms - The National Guard Mutual Assistance Counterdrug Activities Compact is hereby...

§ 44-75.2. Militia training duty - Subject to the direction and orders of the Governor, the...

§ 44-76. Transportation, equipment and support of militia - Whenever the Governor shall call forth the militia, whether by...

§ 44-77. Orders to officers and appointment of rendezvous - Such orders shall be sent to such officers and in...

§ 44-78. Repealed - Repealed by Acts 1988, c. 352.

§ 44-78.1. Request for assistance by localities - In the event of the circumstances described in subdivision A...

§ 44-79. Repealed - Repealed by Acts 1988, c. 352.

§ 44-80. Order in which classes of militia called into service - The National Guard, the Virginia Defense Force, and the unorganized...

§ 44-81. Length of service when called out - The National Guard, the Virginia Defense Force, or the unorganized...

§ 44-82. How troops paid while in service; transportation to be furnished; movement of troops and supplies not to be delayed - All officers and enlisted personnel of the National Guard or...

§ 44-83. Pay and allowance of members - Notwithstanding any other provision of law, when called into state...

§ 44-84. Regulations enforced on actual service - Whenever any portion of the militia shall be called into...

§ 44-85. Regulations and penalties - Whenever any part of the unorganized militia is ordered out,...

§ 44-86. When ordered out for service - The commander in chief may at any time, in order...

§ 44-87. Manner of ordering out for service - The Governor shall, when ordering out the unorganized militia, designate...

§ 44-88. Incorporation into the Virginia Defense Force - Whenever the Governor orders out the unorganized militia or any...

§ 44-89. Draft of unorganized militia - If the unorganized militia is ordered out by draft, the...

§ 44-90. Punishment for failure to appear - Every member of the militia ordered out for duty, or...

§ 44-91. Repealed - Repealed by Acts 1958, c. 393.

§ 44-93. Leaves of absence for employees of Commonwealth or political subdivisions - A. All officers and employees of the Commonwealth or of...

§ 44-93.1. Supplement of military pay and additional life insurance benefits for employees of Commonwealth or political subdivisions - A. In addition to the paid military leave provisions of...

§ 44-93.2. Leaves of absence from nongovernmental employment - A member of the Virginia National Guard or Virginia Defense...

§ 44-93.3. Reemployment rights - Upon honorable release from state active duty or military duty...

§ 44-93.4. Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited - A. A member of the Virginia National Guard or Virginia...

§ 44-93.5. Penalties for denial - If any employer fails or refuses to comply with the...

§ 44-94. Exemption from jury duty - The active officers and members of the National Guard shall...

§ 44-95. Repealed - Repealed by Acts 1958, c. 393.

§ 44-96. Military property exempt from levy and sale - The uniforms, arms, and equipment required by law or regulations...

§ 44-97. Exemption from arrest - No person belonging to the Virginia National Guard or Virginia...

§ 44-97.1. Continuance or time for filing pleading, etc., where party or attorney is on active duty - Any party to or attorney in an action or proceeding...

§ 44-98. Interference with employment of members of Virginia National Guard or Virginia Defense Force - A person who, either by himself or with another, deprives...

§ 44-99. Organizations may own property; suits - Companies or other organizations of the Virginia National Guard and...

§ 44-100. No action allowed on account of military duties; counsel for members sued or prosecuted - No action or proceeding shall be prosecuted or maintained against...

§ 44-101. Repealed - Repealed by Acts 1958, c. 544.

§ 44-102. Commission not to vacate civil office - Any citizen of the Commonwealth may accept and hold a...

§ 44-102.1. Rights, benefits and protections upon call to active duty; contract termination - A. Any right, benefit, or protection that may accrue to...

§ 44-102.1:1. Benefits upon call to active duty under a state of emergency; health care premiums - A. As used in this section: "Department" means the Department...

§ 44-102.2. Virginia Military Family Relief Fund established - A. There is hereby created in the state treasury a...

§ 44-103. Deposit in armories or headquarters for safekeeping - All arms, equipment and ordnance stores, which shall be furnished...

§ 44-104. Care required and liability of officers - All commissioned officers of the Virginia National Guard and Virginia...

§ 44-105. Repealed - Repealed by Acts 1958, c. 393.

§ 44-106. Upon disbandment of organization, or call into active federal service, commanding officer to return certain property to Adjutant General - Upon the disbandment of any organization, or call into active...

§ 44-107. Use for private purposes forbidden - No officer or enlisted person shall use, except upon military...

§ 44-108. Officers and enlisted persons personally liable for military property - Every officer and enlisted person to whom any article of...

§ 44-109. Punishment for injuries to military property - Whoever shall willfully or maliciously destroy, injure, or deface any...

§ 44-110. Punishment for sale, etc., of military property - Whoever shall secrete, sell, dispose of, offer for sale, or...

§ 44-111. Replacement of lost or damaged property - Whenever any military property issued to the militia of the...

§ 44-112. Requisition for federal funds - The Governor or such other state officer as may be...

§ 44-113. County, city and town appropriations - Counties, cities, and towns may appropriate such sums of money...

§ 44-114. Allowances made to organizations from state appropriations - For the necessary expenses of the maintenance of the National...

§ 44-114.1. Orders transmitted to and through the Governor - All orders from the federal government or any of its...

§ 44-114.2. Governor to be notified of receipt of order; no action taken until his instructions complied with - If the Adjutant General of Virginia, or during his absence,...

§ 44-114.3. Orders void if transmitted to militia before Governor notified - If the Adjutant General or anyone else in the Department...

§ 44-114.4. Governor not prevented from drafting into state military service - Nothing in this article shall prevent the Governor from drafting...

§ 44-115. Custom and usage of United States army, air force and navy; applicability of §§ 44-40, 44-40.01 and Article 4 (§ 44-42 et seq.) - All matters relating to the organization, discipline and government of...

§ 44-116. Repealed - Repealed by Acts 2011, cc. 572 and 586, cl. 2.

§ 44-117. Officers of Virginia Military Institute, the Virginia Women's Institute for Leadership at Mary Baldwin College, the Fishburne Military School, the Massanutten Military Academy, and Virginia Polytechnic Institute and State University to be o... - The officers of the Virginia Military Institute, the Virginia Women's...

§ 44-117.1. Repealed - Repealed by Acts 1958, c. 393.

§ 44-119. Retired list of officers, warrant officers and enlisted persons - There shall be a retired list of officers, warrant officers...

§ 44-120. Protection of the uniform - It shall be unlawful for any person, not an officer,...

§ 44-120.1. Manufacture of Virginia military medals and decorations in United States - Virginia military medals and decorations shall be made in the...

§ 44-120.2. Commonwealth's Twenty marksmanship award - There is hereby established the Commonwealth's Twenty marksmanship award to...

§ 44-121. Repealed - Repealed by Acts 2009, c. 108, cl. 1.

§ 44-122. Citation of chapter - This chapter may be cited as the "Military Laws of...

Chapter 2 - Armories, Buildings and Grounds

§ 44-123. Repealed - Repealed by Acts 2015, c. 221, cl. 2.

§ 44-123.1. Armory defined - As used in this chapter, unless otherwise provided, the meaning...

§ 44-123.2. Fort Pickett Reservation created; venue - A. All those lands and improvements thereon constituting the special...

§ 44-123.3. Fort Pickett Police; powers; duties; functions - There is hereby established within the Department of Military Affairs...

§ 44-124. Repealed - Repealed by Acts 1976, c. 266.

§ 44-124.1. Power of Adjutant General to acquire and maintain property - The Adjutant General may acquire for and in the name...

§ 44-125. Repealed - Repealed by Acts 1976, c. 266.

§ 44-129. Joint use of public buildings for armories - The governing body of any county, city or incorporated town,...

§ 44-130. Public grounds for armory building purposes - Any municipality or county owning lands on which no permanent...

§ 44-131. Military property exempt from taxation - All property actually used for armory and military training purposes,...

§ 44-132. Power of condemnation - The power of condemnation herein granted to the Adjutant General...

§ 44-133. Repealed - Repealed by Acts 2015, c. 221, cl. 2.

§ 44-134. Management and care of armories and training areas - The Adjutant General shall be responsible for the general management...

§ 44-134.1. Repealed - Repealed by Acts 1981, c. 219.

§ 44-135. Repealed - Repealed by Acts 1976, c. 266.

§ 44-135.1. Armory control board for each armory; temporary renting - Each armory erected or provided by the Commonwealth under the...

§ 44-136. Sale or lease of armories - When the Adjutant General shall receive information from the Governor...

§ 44-137. City and county aid - Every city and county in the Commonwealth having an active...

§ 44-138. Maintenance funds - In order that there shall be provided maintenance funds for...

§ 44-139. Reversions of donations - In the event that any real property is donated, deeded,...

§ 44-140. Liberal construction - This chapter shall be liberally construed in favor of its...

Chapter 3 - Civil Defense

§ 44-141. Repealed - Repealed by Acts 1973, c. 260.

Chapter 3.1 - Post-Attack Resource Management Act

§ 44-146.2. Repealed - Repealed by Acts 1975, c. 11.

Chapter 3.2 - Emergency Services and Disaster Law

§ 44-146.13. Short title - This chapter may be cited as the "Commonwealth of Virginia...

§ 44-146.14. Findings of General Assembly - (a) Because of the ever present possibility of the occurrence...

§ 44-146.15. Construction of chapter - Nothing in this chapter is to be construed to: (1)...

§ 44-146.16. Definitions - As used in this chapter, unless the context requires a...

§ 44-146.17. (Effective until July 1, 2023) Powers and duties of Governor - The Governor shall be Director of Emergency Management. He shall...

§ 44-146.17. (Effective July 1, 2023) Powers and duties of Governor - The Governor shall be Director of Emergency Management. He shall...

§ 44-146.17:1. Transmittal to General Assembly of rules, regulations, and orders - The Governor shall cause copies of any order, rule, or...

§ 44-146.17:1.1. Certain emergency orders; additional requirements - In any case in which an order declaring a state...

§ 44-146.17:2. Annual statewide drill - The Governor shall conduct an annual statewide drill on response...

§ 44-146.18. Department of Emergency Management; administration and operational control; coordinator and other personnel; powers and duties - A. The State Office of Emergency Services is continued and...

§ 44-146.18:1. Virginia Disaster Response Funds disbursements; reimbursements - There is hereby created a nonlapsing revolving fund which shall...

§ 44-146.18:2. Authority of Coordinator of Emergency Management in undeclared emergency - In an emergency which does not warrant a gubernatorial declaration...

§ 44-146.18:3. First informer broadcasters; coordination with Department of Emergency Management - A. For purposes of this section, unless the context requires...

§ 44-146.18:4. State Coordinator of Emergency Management responsible for annual Virginia Comprehensive Emergency Management Report - A. The Department of Emergency Management (the Department) shall create...

§ 44-146.18:5. Division of Public Safety Communications established; appointment of Virginia Public Safety Communications Coordinator; duties of Division - A. There is established within the Department of Emergency Management...

§ 44-146.18:6. Geographic Information Network Division established; powers and duties; Division Coordinator - A. As used in this section, unless the context requires...

§ 44-146.18:7. GIS Fund created - There is hereby created in the state treasury a special...

§ 44-146.18:8. Additional powers and duties of the State Coordinator of Emergency Management - The State Coordinator of Emergency Management shall, on the recommendation...

§ 44-146.18:9. Nonstock corporation to assist in the development of GIS data - The Department of Emergency Management is hereby authorized to establish...

§ 44-146.19. Powers and duties of political subdivisions - A. Each political subdivision within the Commonwealth shall be within...

§ 44-146.20. Joint action by political subdivisions - If two or more political subdivisions find that disaster operation...

§ 44-146.21. Declaration of local emergency - A. A local emergency may be declared by the local...

§ 44-146.22. Development of measures to prevent or reduce harmful consequences of disasters; disclosure of information - A. In addition to disaster prevention measures included in state,...

§ 44-146.23. Immunity from liability - A. Neither the Commonwealth, nor any political subdivision thereof, nor...

§ 44-146.24. Cooperation of public agencies - In carrying out the provisions of the chapter, the Governor,...

§ 44-146.25. Repealed - Repealed by Acts 2015, c. 221, cl. 2.

§ 44-146.26. Duties of emergency management organizations - It shall be the duty of every organization for emergency...

§ 44-146.27. Supplementing federal funds; assistance of federal agencies; acceptance of gifts and services; appropriations by local governing bodies - A. If the federal government allots funds for the payment...

§ 44-146.28. Authority of Governor and agencies under his control in declared state of emergency - A. In the case of a declaration of a state...

§ 44-146.28:1. Compact enacted into law; terms - The Emergency Management Assistance Compact is hereby enacted into law...

§ 44-146.28:2. Disaster relief assistance by out-of-state businesses and employees - A. As used in this section, unless the context requires...

§ 44-146.29. Expired - Expired.

§ 44-146.29:1. Expired - Expired.

§ 44-146.29:3. Emergency Shelters Upgrade Assistance Grant Fund - There is hereby created in the state treasury a special...

Chapter 3.3 - Transportation of Hazardous Radioactive Materials

§ 44-146.30. Department of Emergency Management to monitor transportation of hazardous radioactive materials - The Coordinator of the Department of Emergency Management, pursuant to...

Chapter 3.4 - Funding for State and Local Government Radiological Emergency Preparedness

§ 44-146.31. Definitions - As used in this chapter, unless the context requires a...

§ 44-146.32. One-time and annual fees - A. For each nuclear power station in commercial operation on...

§ 44-146.33. Radiological Emergency Preparedness Fund - All moneys received by the Department under this chapter shall...

Chapter 3.5 - Virginia Hazardous Materials Emergency Response Program

§ 44-146.34. Purpose; definitions - A. The purpose of this chapter is to provide for...

§ 44-146.35. Powers and duties of the Department of Emergency Management - In carrying out the purposes set forth in this chapter...

§ 44-146.36. Coordinator to enter into agreements with political subdivisions; immunity from liability - A. The Coordinator may enter into agreements with political subdivisions...

§ 44-146.37. Disbursements made from Virginia Disaster Response Fund - A. Disbursements for costs and expenses, including, but not limited...

§ 44-146.38. Political subdivisions to appoint hazardous materials coordinator - Each political subdivision shall appoint a hazardous materials coordinator. In...

§ 44-146.39. Repealed - Repealed by Acts 2011, cc. 594 and 681, cl. 2.

§ 44-146.40. Joint emergency planning committee; certain localities - Any joint emergency planning committee serving Fairfax County and the...

Chapter 4 - Air Raid Precautions

§ 44-147. Repealed - Repealed by Acts 2015, c. 221, cl. 2.

Chapter 5 - Mobilization of Fire Fighters

§ 44-152. Outside service by fire departments - Whenever a state of war exists between the United States...

§ 44-153. Powers, duties, rights, privileges and immunities - Whenever all or any part of the regular fire-fighting forces...

§ 44-154. Loss, damages, expense or cost - The county, town or city in which any equipment is...

§ 44-155. Liability for acts or omissions - Neither the Commonwealth nor the political subdivision of the Commonwealth...

§ 44-156. Reimbursement for salaries and expenses - The political subdivision in which aid or assistance is given...

§ 44-157. Temporary substitute fire-fighting forces - Whenever all or any part of the regular fire-fighting forces...

§ 44-158. Rules and regulations - The Governor is hereby authorized and empowered to prescribe all...

§ 44-159. When chapter in effect - This chapter shall be in effect only during the time...

Chapter 6 - Emergency Fair Rent Act

§ 44-160. Repealed - Repealed by Acts 1950, p. 188.

Chapter 7 - Miscellaneous Laws

§ 44-204. Leaves of absence for employees of Commonwealth or political subdivisions - All officers and employees of the Commonwealth, or of any...

§ 44-205. Repealed - Repealed by Acts 2015, c. 221, cl. 2.

§ 44-206. Repealed - Repealed by Acts 2015, c. 221, cl. 2.

§ 44-208. Securing site of structural failure, fire, explosion, or industrial or transportation accident - The official in charge of the investigation of any structural...

§ 44-209. Closure of United States government; civil relief for furloughed employees and contractors - A. As used in this section: "Closure of the United...

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Code of Virginia Title 44 - Military and Emergency Laws

Code of Virginia
Title 44 - Military and Emergency Laws