Section 6. Ordering organized militia into active state service  


Latest version.
  • 1. The
      governor shall have power, in case of invasion, disaster,  insurrection,
      riot, breach of the peace, or imminent danger thereof, to order into the
      active  service of the state for such period, to such extent and in such
      manner as he may deem  necessary  all  or  any  part  of  the  organized
      militia.  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, navy or air force commander  in  charge  of  the
      defense  of any area within the state which is invaded or attacked or is
      or may be threatened with invasion or attack.
        2. Upon the request of the sheriff of a county, or in  the  county  of
      Nassau the county executive or the mayor of a city, whenever it shall be
      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 may deem
      necessary all or any part of the organized militia.  The compensation of
      all officers and enlisted men, while on duty or  assembled  pursuant  to
      this subdivision, and all expenses incurred in connection with such duty
      or as a result thereof shall be paid in the manner prescribed by section
      two hundred twelve of this chapter.