2014 Kentucky Revised Statutes CHAPTER 38 - NATIONAL GUARD 38.030 Ordering troops into state active duty -- Nontactical direction by local civil officers -- Disability compensation for injury or disease arising from state active duty.
Download as PDF
38.030 Ordering troops into state active duty -- Nontactical direction by local
civil officers -- Disability compensation for injury or disease arising from
state active duty.
(1)
(2)
(3)
(4)
Only the Governor shall have the authority to order units and members of the
Kentucky National Guard into state active duty.
(a) The Governor may order units and individual members of the Kentucky
National Guard into state active duty for any of the following purposes:
1.
Protecting lives and property;
2.
Assisting in disaster relief or other humanitarian efforts;
3.
Preventing or suppressing riot or civil disorder;
4.
Enforcing the laws of the Commonwealth; or
5.
Other similar purpose.
(b) In addition to ordering personnel and units to state active duty, the
Governor may order other members of the Kentucky National Guard to
participate in or perform duty in support of state active duty missions
notwithstanding the fact that they are then entitled to receive federal pay
and allowances pursuant to Title 32 of the United States Code. The
personnel may be ordered to perform state active duty support missions
either prior to, during, or after the time that state active duty missions are
planned or performed.
(c) Members of the National Guard who are ordered to perform duty as
provided in subsection (1)(b) of this section while they are entitled to
receive federal pay under Title 32 of the United States Code shall have all
of the powers, immunities, and benefits conferred by law upon persons
ordered to state active duty except that they shall receive no additional
pay for the duty and the provisions of KRS 38.235 shall not apply to them.
The powers, immunities, and benefits conferred upon those persons shall
be in addition to, and not in place of, those powers, immunities, and
benefits provided under federal law.
(d) Any member of the National Guard may, with his consent, be ordered to
state active duty without pay.
The Governor may direct the commanding officer of the military forces ordered
to state active duty to report to any civil officer, including, but not limited to,
judge, county judge/executive, mayor, sheriff, or head of law enforcement or
other public agency in whose jurisdiction the state active duty mission is to be
performed. The civil officer may advise the commanding officer regarding the
specific objectives to be accomplished by the military force, but the tactical
direction and disposition of the troops and the particular means to be employed
to accomplish the mission shall be left solely to the commanding officer of the
National Guard.
Troops shall not be relieved from active field service except by order of the
Governor.
National Guard officers, enlisted soldiers, and airmen who are temporarily or
permanently disabled as a direct result of an injury or disease arising out of the
performance of an act in the line of duty while on state active duty shall, at the
discretion of the Governor, remain on paid state active duty status until a
competent medical authority releases them to return to their normal activities or
the Governor deems it appropriate to relieve the individual from state active
duty status. Compensation paid to the soldier or airman by the department
shall be adjusted and maintained at the soldier's or airman's regular rate of
active duty pay; however, compensation paid by the department shall be
reduced by the amount of payments received from workers' compensation
insurance, Social Security benefits, and other federal or state-financed
disability programs designed to supplement the soldier's or airman's income.
Final compensation shall not be reduced by payments for medical care.
Effective:July 15, 2014
History: Repealed and reenacted 2014 Ky. Acts ch. 71, sec. 2, effective July 15,
2014. -- Amended 2010 Ky. Acts ch. 13, sec. 1, effective March 11, 2010. -Amended 2009 Ky. Acts ch. 95, sec. 1, effective March 24, 2009. -- Amended
1992 Ky. Acts ch. 307, sec. 4, effective April 9, 1992. -- Amended 1976 Ky. Acts
ch. 62, sec. 49. -- Amended 1974 Ky. Acts ch. 108, sec. 13. -- Amended 1962
Ky. Acts ch. 47, sec. 1. -- Amended 1954 Ky. Acts ch. 98, sec. 3. -- Amended
1942 Ky. Acts ch. 4, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. secs. 2711a-149, 2711a-163,
2711a-195.
Legislative Research Commission Note (3/24/2009). The Reviser of Statutes has
corrected a manifest clerical or typographical error in subsection (4) of this
statute under the authority of KRS 7.136(1)(h).
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.