This title applies to all uniformed volunteer companies. A provision of this title may not be repealed or amended by any statute passed by the General Assembly unless the statute explicitly: refers to this title as the militia law, or by its other titles, as part of the general laws of the State; and repeals or amends the referenced provision.

Except as provided in subsection (b) of this section, the militia consists of able–bodied individuals who are: citizens of the State; citizens of the United States who take an oath of allegiance to the State; or of foreign birth and who: are residents of the State; and have declared their intention to become citizens of the State. Subject to subsection (c) of this section, an individual is exempt from subsection (a) of this section if the individual: is exempted by the laws of the United States; is exempted by the laws of the State; is a member of a regularly organized fire or police department in a county, city, village, or town; is a judge or clerk of a court of record; is a register of wills and deeds; is a sheriff; is a member of the clergy; is a practicing physician; is a superintendent, officer, or assistant of a hospital or correctional facility; has been judged mentally incompetent; is addicted to narcotic drugs; or has been convicted of an infamous crime. An individual exempted under subsection (b)(3) through (12) of this section shall be available for military duty in case of war, insurrection, or invasion, or when the danger of war, insurrection, or invasion is imminent.

There are two classes of State militia: the organized militia; and the unorganized militia. The organized militia of the State consists of: the National Guard; the Inactive National Guard; and the Maryland Defense Force. The unorganized militia consists of those individuals described under § 13-202 of this subtitle but who are not regularly enlisted or commissioned in the organized militia.

The general appropriations for the militia shall be exclusively applied to the necessary and contingent expenses of the office of the Adjutant General and to the equipment, maintenance, and general efficiency of the organized militia. Except as provided in this title, unless authorized by the Adjutant General, a person may not make a purchase, incur a debt or expense, or expend money for the militia. The Adjutant General shall adopt rules for the receipt and expenditure of all money that comes under the control of the Adjutant General. The Adjutant General may require bond from persons involved in the receipt and expenditure of money that the Adjutant General designates. The commanding officer of an organization or detachment of the organized militia that is on State active duty may purchase necessities that are absolutely required for the immediate use and care of the officer’s command. If a commanding officer on State active duty makes a purchase under this subsection, the commanding officer shall: take a receipt of the purchase in triplicate; and promptly submit a report of the purchase through regular channels to the Department’s Finance Officer. The report shall contain: a list of the articles purchased; the price of the articles; and the receipts. Except as provided in paragraph (3) of this subsection, the Adjutant General shall audit and pay all bills and military accounts payable by the State. The Adjutant General shall follow as nearly as possible the financial operating procedures established by the United States Department of Defense. The Comptroller shall be the auditor of all accounts for property purchased by the Adjutant General. The Treasurer shall pay an audited military account from an appropriation made by the General Assembly, on the warrant of the Adjutant General, under the direction of the Governor.

Subject to the provisions of this title and the regulations governing the armed forces, an individual may be enlisted in the organized militia if the individual: is a citizen of the State or has declared an intention to become a citizen of the State; is able–bodied; and has good character and temperate habits.

An individual enlisting in the organized militia shall take and subscribe to the following oath of enlistment: “I do hereby acknowledge to have voluntarily enlisted this ....... day of .........., 20 ....., in the (National Guard) (Maryland Defense Force) of the State of Maryland for the period of ...... year(s), under the conditions prescribed by law, unless sooner discharged by proper authority. I, ..........., do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America and to the State of Maryland; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the Governor of Maryland and the orders of the officers appointed over me, according to law and regulations.” Any officer of the organized militia may administer the oath of enlistment.

An organization commander: may require those under the command of the organization commander to perform any military duty; and is responsible to the Governor for the general efficiency of the units of the organized militia under the command of the organization commander. A commanding officer of a unit is responsible to the officer’s immediate commander for the equipment, drill, instruction, movements, and efficiency of those under the officer’s command. Each officer or enlisted individual is responsible to the individual’s immediate commanding officer for prompt and unhesitating obedience, proper drill, and the preservation and proper use of the property of the organization, the State, or the United States that is in the individual’s possession. A unit of the organized militia shall be inspected: by an officer detailed for inspection duty, whenever the Governor considers it advisable; and by an officer of the United States Army or Air Force, as provided by federal law or regulation.

During a time of duty, a commanding officer may arrest for the period of the time of duty an individual who: trespasses on a camp ground, parade ground, armory, or other place devoted to that duty; disrupts in any way the orderly discharge of duty by those under arms; or interrupts or prevents the passage of troops going to or returning from duty. A commanding officer may prohibit within the limits of a post, camp ground, place of encampment, parade, or drill that is under the command of the officer: the sale or use of alcoholic beverages; huckster or auction sales; and gambling.

The Adjutant General, Assistant Adjutants General, officers, warrant officers, and enlisted individuals who are full-time employees of the Department are: military personnel on State active duty; and entitled to the same pay, including longevity pay, subsistence, per diem, and allowances, as officers, warrant officers, and enlisted individuals of like grade and length of service in the United States Army or Air Force. For income tax purposes, subsistence and allowances shall be treated in the same way under State law as they are treated by the Internal Revenue Code and federal income tax regulations. Subsistence and allowances may not be used in calculating the salary base for retirement purposes for an employee who is a member of the Employees’ Retirement System of the State. An individual who holds more than one of the offices mentioned in subsection (a) of this section simultaneously shall receive only the pay, including longevity pay, subsistence, per diem, and allowances as provided under this section, for a single office. A military office for which no salary is provided in the State budget is not an office of profit.

This subsection applies to the period of time that an employee is ordered by the Governor to active military duty in the organized militia of the State for service during: a civil disorder; a natural disaster; a labor disorder; or any other activity requiring support of the State militia. The Adjutant General shall secure compensation under the Maryland Workers’ Compensation Act for each officer and enlisted individual of the organized militia by maintaining an insurance policy with the Chesapeake Employers’ Insurance Company or with a stock corporation or mutual association authorized to transact the business of workers’ compensation insurance in the State. An officer, enlisted individual, or employee of the Department is not entitled to the benefits of this section if the officer, enlisted individual, or employee is injured in the course of employment and has insurance coverage through the federal government that is equal to or better than the coverage provided by this title. If a benefit provided by the federal government is less than that provided by the Maryland Workers’ Compensation Act, the State and its insurer shall furnish the additional benefit necessary to make up the difference between the benefit provided by the federal government and the similar benefit required under the Maryland Workers’ Compensation Act. The insurance provided under this subsection shall only cover incidents that occur after July 1, 1979. In addition to the benefits under subsection (a) of this section, the Adjutant General shall maintain workers’ compensation insurance for members of the Maryland Defense Force during training. The Adjutant General shall pay the premiums for the insurance policy required under this section from appropriations for the militia that the Governor includes in the State budget.

To promote efficiency and reward continuous service, the Governor may issue service medals of appropriate designs to officers and enlisted individuals in the organized militia who have completed 5 years or more of continuous service. The Governor shall adopt regulations to carry out this subsection. The State may issue appropriate ribbon badges to represent any issued or authorized medal. An officer or enlisted individual in the organized militia may wear a ribbon badge issued under this subsection as part of the uniform.

A member of the organized militia, including the member’s conveyance and military property, shall be allowed free passage through any toll gate and over any toll road, bridge, or ferry if the member: is traveling to or returning from a parade, encampment, drill, or other duty that the member may be required by law to attend; and presents an order for duty or identification card.

The Governor may adopt regulations that provide for the retirement of officers and enlisted individuals. The Governor may order a retired officer or enlisted individual to active duty. There is a retired list exclusively restricted to retired officers and enlisted individuals of the organized militia. The retired list shall be divided into three groups of retired individuals: the National Guard; the Maryland Defense Force; and the Inactive National Guard.

Except for the units of the organized militia and the troops of the United States, a body of persons may not associate as a military company or organization or parade in public as a military company or organization without the permission of the Governor. Except for troops acting under the authority of the President, an armed military force from another state may not enter this State for military duty without the permission of the Governor.

The Adjutant General may organize a uniformed honor guard from the National Guard or the organized militia to attend the burial service of a deceased veteran if: the commander of an accredited veterans’ organization or a relative or friend of the deceased veteran requests an honor guard to attend the burial service; a uniformed honor guard from the active uniformed services or veterans’ organization is not available; and the Adjutant General determines that providing an honor guard will not harm: the readiness of the National Guard in the event of a State or federal emergency; or the employment of a National Guard member. If an honor guard from the active uniformed services is not available, the Adjutant General may request an honor guard from a veterans’ organization to attend the burial service of a deceased veteran. The Adjutant General shall set reasonable compensation for honor guard members based on the availability of money in the budget. Compensation may not exceed the expenses incurred to participate in the burial service of a deceased veteran plus the greater of: 100% of 1 day’s pay as determined by the current Department of Defense pay scale; and the minimum wage required under § 3-413 of the Labor and Employment Article. The Adjutant General shall adopt regulations to carry out this section.

The Department may acquire by purchase or condemnation real property located in Baltimore County adjacent to the Martin State Airport that is necessary for the safe operation of the fighter squadron of the Maryland Air National Guard.

The Department may sell an armory that is superfluous to the Department’s requirements if: the Department has complied with § 5–310 of the State Finance and Procurement Article; the Department of Planning has determined that no unit of State government is interested in the property under § 5–310(b)(2) of the State Finance and Procurement Article; and the Board of Public Works has approved the sale. The county or municipal corporation in which the armory is located has the right of first refusal to purchase the armory. If the county or municipal corporation declines to purchase the property, the Department shall sell the property at public sale for the highest cash price obtainable. The proceeds of a sale shall be placed in the Annuity Bond Fund under § 8–132 of the State Finance and Procurement Article.

The Military Department shall adopt regulations for exemption of a member of the organized militia from State jury service that would unreasonably interfere with the performance of the member’s military duties or affect adversely the readiness of the activity, command, or unit to which the member is assigned.

There is a Maryland Military Department Center for Military History. The Maryland Military Department Center for Military History consists of the following components: the Maryland Museum of Military History; and the Maryland Military Historical Research Center. The Maryland Military Department Center for Military History shall be a component of the Maryland Military Department, and the Adjutant General of Maryland shall designate the Executive Director of the Maryland Military Department Center for Military History. The Maryland Military Department shall provide staffing as determined available by the Adjutant General to the Maryland Museum of Military History and the Maryland Military Historical Research Center to include a director for each. The Maryland Military Historical Society, Inc., a nonprofit organization, shall: serve as an advisory body to the Maryland Military Department Center for Military History, but may not engage in direct oversight of employees of the Maryland Military Department Center for Military History or its day–to–day operations; be authorized to engage in fund–raising on behalf of the Center for Military History; be authorized to provide volunteers to support activities of the Maryland Military Department Center for Military History without pay or compensation, except that the volunteers shall be eligible for benefits under workers’ compensation for injuries suffered in the course of volunteer work for the Maryland Military Department Center for Military History as if they were paid employees of the State; and be authorized to use office space within facilities of the Maryland Military Department, independent of the space allotted to the Maryland Military Department Center for Military History on a space–available basis at the discretion of the Adjutant General. The Maryland Museum of Military History shall: collect, preserve, interpret, and present significant artifacts and artwork relating to the history of the people, places, and events that represent all components and branches of each service of the United States military and the military heritage of the State; and convey an awareness of the military service of Marylanders and how that service has helped preserve American freedoms through exhibits, educational programs, and outreach. The Maryland Military Historical Research Center shall: collect, interpret, preserve, and present documents, photographs, electronic media, and other materials containing information or imagery relating to the history of the people, places, and events that represent all components and branches of each service of the United States military and the military heritage of the State; educate the public regarding the military history of the State by providing bona fide researchers with access to collected materials and by providing historical imagery to support displays by the Maryland Museum of Military History; and advise the Adjutant General and the Maryland Military Department generally on matters relating to the heraldry, honors, lineage, and history of units of the organized militia of the State. The Maryland Military Department Center for Military History may assume title to abandoned property in its possession. Property shall be considered abandoned if: it has been in the possession of the Maryland Military Department Center for Military History for 7 years or more; there are no known owners, or a reasonable attempt has been made to contact the owner without success, or the owner has been contacted but has refused to take possession of the property; there are no known agreements to donate or lend the property, or there is a known agreement to lend the property for a finite period but the period of the loan has been exceeded by 7 or more years, or there is an agreement to lend the property for an indefinite period but the lender has been deceased for 7 or more years, or the property was lent by an organization that has been defunct for 7 or more years; and a notice is posted in local newspapers for at least 2 weeks stating the intent to take title to the property if it is not claimed and the owner of the property does not contact the Maryland Museum of Military History within 1 week of the final publication of the notice.

In this section, “Fund” means the National Guard State Active Duty Mobilization Fund. There is a National Guard State Active Duty Mobilization Fund in the Office of the Adjutant General within the Department. The purpose of the Fund is to pay for personnel and equipment for State active duty mobilization of the National Guard, as ordered by the Governor. The Adjutant General shall administer the Fund. The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. The Fund consists of: money appropriated in the State budget to the Fund; and any other money from any other source accepted for the benefit of the Fund. The Fund may be used only for the expenses of and to support the operations of the National Guard in State active duty status. The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. Any investment earnings of the Fund shall be credited to the General Fund of the State. Expenditures from the Fund may be made only in accordance with the State budget. Money expended from the Fund for State active duty mobilization of the National Guard is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for State active duty mobilization of the National Guard. Money expended from the Fund shall be replenished in a timely manner to maintain the operational effectiveness of future State active duty mobilizations of the National Guard.