Under current law, in response to a war, insurrection, rebellion, riot or invasion,
in the event of a public disaster resulting from a flood, conflagration or tornado, or
upon application of certain public officials, the governor may order into active service
all or any portion of the national guard. Current law also includes a procedure for
activating the national guard if the governor is not able to do so.
AB858,2,174
21.11
(1) In case of war, insurrection, rebellion, riot, invasion
, or resistance to
5the execution of the laws of this state
, or of the United States
, or; in the event of public
1disaster resulting from flood, conflagration or tornado
,; when the governor considers
2the call to active service necessary for the protection of persons or property; or upon
3application of any marshal of the United States, the president of any village, the
4mayor of any city, the chairperson of any town board, or any sheriff in this state, the
5governor may order into active service all or any portion of the national guard. If the
6governor is absent, or cannot be immediately communicated with, any such civil
7officer may, if the officer deems the occasion so urgent, make such application, which
8shall be in writing, to the commanding officers of any company, battalion or regiment,
9who may upon approval of the adjutant general, if the danger is great and imminent,
10order out that officer's command to the aid of such civil officer. Such order shall be
11delivered to the commanding officer, who shall immediately communicate the order
12to each, and every subordinate officer, and every company commander receiving the
13same shall immediately communicate the substance thereof to each member of the
14company, or if any such member cannot be found, a notice in writing containing the
15substance of such order shall be left at the last and usual place of residence of such
16member with some person of suitable age and discretion, to whom its contents shall
17be explained.