Chapter 64

COL12010610GCA HEALTH AND SAFETY CH.64GUAM MILITIA 1CHAPTER 64 GUAM MILITIA NOTE: Public Law 16 -18, enacted June 5, 1981, amended prior law allowing the newly -authorized National Guard to be implemented. The old Guam Militia, therefore, ceased to exist and Chap ter IV of Title IX, Government Code, is null and void. Public Law 16 -103, enacted July 29, 1982, reestablished the Guam Militia as a separate entity , addition to and distinct from the National Guard. The reestablished Guam Militia serves a different function than that of the old Guam Militia. § 64100. Authority and Name. § 64101. Membership and Muster; Rosters; Ceremonies. § 64102. Command of the Guam Militia. § 64103. Authority of Governor to Prescribe Regulations. § 64104. Pay and Allowances. § 64105. Requisitions; Armories; Other Buildings. § 64106. Federal Service. § 64107. Civil Groups. § 64108. Disqualifications. § 64109. Commissioned Officers. § 64110. Enlisted Personnel. § 64111. Code of Military Justice; Freedom from Arrest; Jury Duty . § 64112. Discharge of Guam Militia. § 64113. Expenses. § 64114. Uniforms and A wards to Officers and Enlisted Personnel. § 64115. Short Title. § 64100. Authority and Name.

om from Arrest; Jury Duty . § 64112. Discharge of Guam Militia. § 64113. Expenses. § 64114. Uniforms and A wards to Officers and Enlisted Personnel. § 64115. Short Title. § 64100. Authority and Name. Whenever any part of the National Guard of this Territory is in active federal service, the Governor is author ized to activate and maint ain within the Territory during such period, such territorial defense forces as the Governor may deem necessary to assist the civil authorities in maintaining law and order and respond ing to natural disasters. Such forces shall be additional to and distin ct from the National Guard and shall be known as the Guam Militia. Such forces shall be uniformed, and notwithstanding any other provisions of this Chapter, shall be organized so as to qualify as a defense force within the meaning of 32 U.S.C. 109. SOURCE: GC§ 40600. § 64101. Membership and Muster; Rosters; Ceremo nies. COL12010610GCA HEALTH AND SAFETY CH.64GUAM MILITIA 2(a) The Guam Militia shall be composed of officers and noncom - missioned offi cers and such able -bodied residents of the Territory as shall volunteer for service therein.

SAFETY CH.64GUAM MILITIA 2(a) The Guam Militia shall be composed of officers and noncom - missioned offi cers and such able -bodied residents of the Territory as shall volunteer for service therein. (b) The Gove rnor is authorized to maintain a Guam Militia reserve cadre of officer and non commissioned officers; said officers and noncom - missioned officers to be a trained nucleus for such time as the Guam Militia may be activated. Said officers and noncommissioned officers shall be volunteers and shall serve with no pay or allowances except when called to territorial duty . (c) The Adjutant General is authorized to maintain rosters of members qualified in accor dance with this Chapter , and to order a periodic must er of the Guam Militia or any part thereof, without pay except when ordered to territorial duty . Said muster shall be for the purposes of updating roste rs and personnel information, distributing items of uniform, pre senta tion of awards and informing membe rs concerning their function within the Guam Militia. (d) The Adjutant General is also authorized to invite the voluntary participation of any or all members of the Guam Militia in affairs of state and appro

rning their function within the Guam Militia. (d) The Adjutant General is also authorized to invite the voluntary participation of any or all members of the Guam Militia in affairs of state and appro priate holidays. At such times, such members of the Guam Militia shall come under the command of the Adjutant General, who shall assure their proper decorum and wearing of uniforms, and provide such transportation or other services as are necessary and available to the Depart - ment of Military Affairs . SOURCE: GC§ 40601. § 64102. Command of the Guam Militia. The Governor is ex -officio Commander -in-Chief and shall have command of the Guam Militia when ordered to territorial duty . The Adjutant Gen eral shall be the senior commander, under the Command er-in- Chief of the Guam Militia, and shall be responsible for its administration and training prior to and after said Militia is ordered to territorial duty . SOURCE: GC§ 40602. § 64103. Authority of Governor to Prescribe Regulat ions. The Governor or his designee is authorized to prescribe rules and regulations not inconsistent with the provisions of Chapter 63 of this Title governing the enlist ment, organization, adminis tration,

he Governor or his designee is authorized to prescribe rules and regulations not inconsistent with the provisions of Chapter 63 of this Title governing the enlist ment, organization, adminis tration, equipping, maintenance, training and discipline of such forces; provide d, howev er, that such rules and regulations, insofar as deemed practica ble and desirable, COL12010610GCA HEALTH AND SAFETY CH.64GUAM MILITIA 3shall conform to existing law governing and pertaining to the National Guard and the rules and regulations promulgated thereunder, and such regulations of the U.S. Department of Defense as may be applicable. SOURCE: GC§ 40603. § 64104. Pay and Allowances. The Governor or his designee is authorized to establish a schedule of payand allowances for members of the Guam Militia for territorial duty as he may deem nec essary and appropriate. SOURCE: GC§ 40604. § 64105. Requisitions; Armories; Other Build ings. For the use of the Guam Militia, the Governor or his designee is authorized to requi sition from the Secretary of Defense such arms and equipment as may be i n possession of, and can be spared by the Department of Defense; and to make available to the Guam Militia the

orized to requi sition from the Secretary of Defense such arms and equipment as may be i n possession of, and can be spared by the Department of Defense; and to make available to the Guam Militia the facilities of territorial armories and their equip ment and such other territorial premises and property as may be available. SOURCE: GC§ 40605 . § 64106. Federal Service . Nothing in this Chapter shall be construed as authorizing the Guam Militia, or any part thereof, to be called, ordered or in any manner drafted, as such, into the military service under any law of the United States. No person shall be a member of the Guam Militia while a federally recognized member of the National Guard, or any active or reserve military organization. SOURCE: GC§ 40606. § 64107. Civil Groups. No civil organization, society , club, post, order , fraternity , associa tion, brotherhood, body , union, league or other combination of persons, or civil groups, shall be enlisted in the Guam Militia as an organi zation or unit. SOURCE: GC§ 40607. § 64108. Disqualifications. No person shall be commis sioned in the G uam Militia who is not a citizen of the United States, or who has been expelled or

s an organi zation or unit. SOURCE: GC§ 40607. § 64108. Disqualifications. No person shall be commis sioned in the G uam Militia who is not a citizen of the United States, or who has been expelled or dishonorably COL12010610GCA HEALTH AND SAFETY CH.64GUAM MILITIA 4discharged from any military or naval organization of this Territory , or of another state, or of the United States or anyone who has committed a crime. SOURCE: GC§ 40608. § 64109. Commissioned Officers. The initial term of commis sion in the Guam Militia shall be for three (3) years. The term of service in the Guam Militia as a commissioned officer shall be indefinite subject to termination at the pleasure o f the Governor or at the request of the commis sioned officer . The oath to be taken byofficers commis sioned in the Guam Militia shall be sub stantially in the form prescribed for officers of the National Guard, substi tuting the words 'Guam Militia' wher e necessary , and omitting the reference to the President of the United States. SOURCE: GC§ 40609. § 64110. Enlisted Personnel. The term of enlistment in the Guam Militia shall be for three (3) years.

necessary , and omitting the reference to the President of the United States. SOURCE: GC§ 40609. § 64110. Enlisted Personnel. The term of enlistment in the Guam Militia shall be for three (3) years. Subsequent to the initial enlistment, the term of e nlistment shall be for one (1) year , three (3) years or six (6) years or at the request of the enlisted personnel. The oath to be taken upon enlist ment in the Guam Militia shall be substantially in the form prescribed for enlisted personnel in the Nationa l Guard, substi tuting the words 'Guam Militia' where necessary , and omitting the reference to the President of the United States. SOURCE: GC§ 40610. § 64111. Code of Military Justice; Freedom from Arrest; Jury Duty. (a) Whenever the Guam Militia or a ny part thereof, shall be or dered out for territorial duty , the Code of Military Justice, applicable to members of the National Guard of this Territory in relation to courts -martial, includ - ing the jurisdiction thereof, the limits of punishment, and the r ules and regulations pre scribed thereunder , shall be in full force and effect with respect to the Guam Militia.

-martial, includ - ing the jurisdiction thereof, the limits of punishment, and the r ules and regulations pre scribed thereunder , shall be in full force and effect with respect to the Guam Militia. (b) No officer or enlisted person of the Guam Militia shall be arrested on any warrant, except for treason or felony , while going to, remain ing at or returning from, a place where he is ordered for military duty . Every officer and enlisted person of such Guam Militia shall, during his service therein, be exempt from service upon any posse comitatus, and from jury duty . SOURCE: GC§ 40611. COL12010610GCA HEALTH AND SAFETY CH.64GUAM MILITIA 5§ 64112. Discharge of Gua m Militia. The Guam Militia shall be discharged by the Governor upon the return of the Guam National Guard to terri torial control, or within thirty (30) days thereafter . SOURCE: GC§ 40612. § 64113. Expenses. The expenses incu rred in carrying out the provisions of this Chapter shall be paid from the fund for current expenses of the Department of Military Affairs, by whatever name or title such fund shall be known and designat ed, upon requisition of the Adjutant General. SOURC E: GC§ 40613. § 64114.

for current expenses of the Department of Military Affairs, by whatever name or title such fund shall be known and designat ed, upon requisition of the Adjutant General. SOURC E: GC§ 40613. § 64114. Uniforms and A wards to Officers and Enlist ed Personnel. The Adjutant General of the Territory is autho rized and directed to cause to be prepared suitable uni forms, medals, service bars, ribbons, awards or other indicia of ser vice in the Guam Militia; to prescribe regula - tions for the wearing of such uniforms and the awarding of such medals, service bars, ribbons, awards or other indicia of service in the Guam Militia, to the officers and enlisted personnel of said Guam Militia and from time to time, to make such awards to the officers and enlisted personnel of said Guam Militia entitled to receive the same. SOURCE: GC§ 40614. § 64115. Short Title. This Chapter may be cited as the Guam Militia Law . SOURCE: GC§ 40615. ----------COL120106