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Arkansas Code Title 12. Law Enforcement, Emergency Management, and Military Affairs § 12-61-111. Ordering into active service

Current as of March 28, 2024 | Updated by Findlaw Staff

(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 imminent danger thereof;

(B) To preserve the public health and security and maintain law and order;

(C) For the purpose of working with other state agencies in the planning and training for emergencies or disasters and to respond to emergencies or disasters; or

(D) For the purpose of addressing cybersecurity threats or cybersecurity vulnerabilities, including without limitation to protect:

(i) Critical infrastructure in the state;

(ii) An information system owned or operated by the state;

(iii) Information that is stored on, processed by, or transiting on an information system owned or operated by the state; or

(iv) The state by identifying the source of a cybersecurity threat.

(2) Such power shall include the power to order the organized militia or any part thereof to function under the operational control of the United States Army, United States Navy, or United States Air Force commander in charge of the defense of any area within the state.

(b)(1) Upon the request of either the judge or sheriff of a county or the mayor of a city, whenever it is made to appear to the Governor that there is a breach of the peace, riot, resistance to process of this state, or disaster or imminent danger thereof, the Governor may order into the active service of the state, for such period, to such extent, and in such manner as he or she may deem necessary, all or any part of the organized militia.

(2) The compensation of all officers and enlisted personnel while on duty or assembled pursuant to this subsection and all expenses incurred in connection with such duty or as a result thereof shall be paid in the manner prescribed by law.

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Cite this article: FindLaw.com - Arkansas Code Title 12. Law Enforcement, Emergency Management, and Military Affairs § 12-61-111. Ordering into active service - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-12-law-enforcement-emergency-management-and-military-affairs/ar-code-sect-12-61-111/

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