29A.8  State active duty.

1.  The governor may order into state active duty the military forces of the state, including retired members of the national guard, both army and air, as the governor deems proper, under command of an officer as the governor may designate under one or more of the following circumstances:

a.  In case of insurrection or invasion, or imminent danger of insurrection or invasion.

b.  For the purpose of aiding the civil authorities of any political subdivision of the state in maintaining law and order in the subdivision in cases of breaches of the peace or imminent danger of breaches of the peace, if the law enforcement officers of the subdivision are unable to maintain law and order, and the civil authorities request the assistance.

c.  For the purposes of performing homeland defense or homeland security duties.

2.  If circumstances necessitate the establishment of a military district under martial law and the general assembly is not convened, the military district shall be established only after the governor has issued a proclamation convening an extraordinary session of the general assembly.

Section History: Early form

  [C51, § 623; R60, § 1004; C73, § 1051; C97, § 2169, 2170; S13, § 2215-f19; C24, 27, 31, § 449; C35, § 467-f28, -f29; C39, § 467.28, 467.29; C46, 50, § 29.28, 29.29; C54, 58, 62, § 29.7, 29.8; C66, 71, 73, 75, § 29A.7, 29A.8; C77, 79, 81, § 29A.8]

Section History: Recent form

  2001 Acts, 2nd Ex, ch 1, §10, 28

Internal References

  Referred to in § 29A.1


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