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§ 12-61-101. Division and composition

(a) The militia shall be divided into two (2) parts: the organized, consisting of the active and inactive Army National Guard and Air National Guard; and the unorganized, consisting of all those persons of the militia not in the active or inactive Army National Guard or Air National Guard. (b) The militia shall consist of […]

§ 12-61-102. Commander-in-Chief

The Governor, by virtue of his or her office, shall be Commander-in-Chief of the militia, except the parts thereof as are ordered into the service of the United States.

§ 12-61-103. Governor’s powers and duties generally

(a) (1) The Governor is authorized to make such rules governing the government, organization, discipline, and training of the militia as he or she may deem expedient. (2) Such rules shall conform to the provisions of this code and, as nearly as practicable, to those governing the United States Armed Forces. (3) When promulgated, the […]

§ 12-61-104. Custom and usage of the United States Armed Forces

All matters relating to the organization, discipline, and government of the organized militia, not otherwise provided for in this code or in rules issued pursuant thereto, shall be as prescribed by the customs and usages of the appropriate force or forces of the United States.

§ 12-61-105. Adjutant General — Qualifications — Salary

(a) There shall be an Adjutant General of the state who shall be appointed by the Governor and shall be a commissioned officer in the Adjutant General’s department of the National Guard of this state and shall have rank not higher than lieutenant general. (b) To be eligible for appointment, he or she shall be […]

§ 12-61-106. Adjutant General — Powers and duties

(a) In addition to being a state staff officer, the Adjutant General shall be the Chief-of-Staff to the Commander-in-Chief and the Secretary of the Department of the Military. (b) He or she shall perform the duties prescribed for him or her in this code and in the rules issued thereunder and in the statutes of […]

§ 12-61-107. Employment of personnel

(a) The Adjutant General shall have such assistance and such clerks, employees, and laborers as may be necessary from time to time who shall be appointed and may be removed by him or her at his or her discretion. (b) (1) The Adjutant General may designate those positions that require the employee to be a […]

§ 12-61-108. Deputy adjutants general

(a) (1) The Adjutant General is authorized to appoint, subject to the approval of the Governor, four (4) deputy adjutants general who will hold rank of not higher than one (1) grade below that held by the Adjutant General up to and including the rank of major general. (2) Two (2) deputy adjutants general will […]

§ 12-61-109. Adjutant General — Delegation of authority

The Adjutant General may designate by order any deputy adjutant general to act as the Adjutant General in the absence of the latter from his or her office or in case of his or her inability to perform the duties of his or her office. In the event of the inability of any deputy adjutant […]

§ 12-61-110. Property and finance officer

(a) After consulting with the Adjutant General, the Governor shall appoint, designate, and detail, subject to the approval of the Secretary of the Army and confirmation by the Senate, an officer of the National Guard as the property and finance officer for the United States. (b) He or she shall be a citizen of the […]

§ 12-61-111. Ordering militia into service

(a) (1) The Governor shall have power to order into the active service of the state for such a period, to such extent, and in such manner as he or she may deem necessary, all or any part of the organized militia: (A) In case of invasion, disaster, insurrection, riot, breach of the peace, or […]

§ 12-61-112. Powers, duties, and immunities of militia

(a) Whenever such forces or any part thereof shall be ordered out for service of any kind, they shall have all powers, duties, and immunities of peace officers of the State of Arkansas in addition to all powers, duties, and immunities now otherwise provided by law. (b) No officer or enlisted personnel of such forces […]

§ 12-61-113. Scope of duties — Service outside the state

(a) The Governor may order the National Guard or any portion thereof to perform military duty of every description within the state. He or she may authorize participation in small arms and gunnery competitions by any part of the National Guard anywhere outside the state or outside the United States. (b) Officers and enlisted personnel […]

§ 12-61-114. Call to duty

Officers and enlisted personnel may be ordered for duty either by stating the substance of the orders telephonically, personally, by mail, or in such other manner as may be prescribed by the Governor as he or she deems necessary to accomplish the purpose. Upon having given notice, there shall be a presumption that the officer […]

§ 12-61-115. Proclamation of emergency

(a) Whenever any portion of the militia is employed in aid of the civil authority, the Governor, if in his or her judgment the maintenance of law and order or preservation of the public health or security will thereby be promoted, may by proclamation declare the county, city, zone, or sector in which the troops […]

§ 12-61-116. Excuse from duty

(a) The officer ordering any military duty shall have the power to excuse any officer or enlisted person for absence therefrom upon good and sufficient grounds. (b) The Governor, or commanding general of the National Guard with the approval of the Governor, may relieve any organization of the militia on active duty from the further […]

§ 12-61-117. Draft of the unorganized militia — Failure to appear — Penalty

(a) Whenever it shall be necessary in case of invasion, disaster, insurrection, riot, breach of the peace, or imminent danger thereof, or to maintain the organized militia or any force thereof at the number required for public safety or prescribed by the laws of the United States, the Governor may call for and accept from […]

§ 12-61-118. Resumption of National Guard service

Upon the termination of any emergency for which the National Guard of Arkansas has been ordered into the military service of the United States, all enlisted personnel, upon being released under honorable conditions from the Army or Air Force of the United States, shall continue to serve in the National Guard of Arkansas until the […]

§ 12-61-119. Credit for active federal service

For all purposes under this code, members of the National Guard who entered the active military service of the United States in time of war or under a call, order, or draft by the President or who hereafter enter such service under like conditions or who enter and serve on active duty in the military […]

§ 12-61-120. Credit for war service

For all purposes under this code, officers and enlisted personnel of the National Guard who entered the active service of the United States in time of war or under a call or draft by the President or who enters such service under like conditions shall be entitled to credit for time so served as if […]