{"data":{"id":"us-ky/krs-38.030","jurisdiction":"us-ky","citation":"KRS 38.030","heading":"Ordering troops into state active duty -- Nontactical direction by local civil","body":"officers -- Disability compensation for injury or disease arising from state\nactive duty.\n(1) Only the Governor shall have the authority to order units and members of the\nKentucky National Guard into state active duty.\n(a) The Governor may order units and individual members of the Kentucky\nNational Guard into state active duty for any of the following purposes:\n1. Protecting lives and property;\n2. Assisting in disaster relief or other humanitarian efforts;\n3. Preventing or suppressing riot or civil disorder;\n4. Enforcing the laws of the Commonwealth; or\n5. Other similar purpose.\n(b) In addition to ordering personnel and units to state active duty, the Governor\nmay order other members of the Kentucky National Guard to participate in or\nperform duty in support of state active duty missions notwithstanding the fact\nthat they are then entitled to receive federal pay and allowances pursuant to\nTitle 32 of the United States Code. The  personnel may be ordered to perform\nstate active duty support missions either prior to, during, or after the time that\nstate active duty missions are planned or performed.\n(c) Members of the National Guard who are ordered to perform duty as provided\nin su bsection (1)(b) of this section while they are entitled to receive federal\npay under Title 32 of the United States Code shall have all of the powers,\nimmunities, and benefits conferred by law upon persons ordered to state active\nduty except that they shall  receive no additional pay for the duty and the\nprovisions of KRS 38.235 shall not apply to them. The powers, immunities,\nand benefits conferred upon those persons shall be in addition to, and not in\nplace of, those powers, immunities, and benefits provided under federal law.\n(d) Any member of the National Guard may, with his consent, be ordered to state\nactive duty without pay.\n(2) The Governor may direct the commanding officer of the military forces ordered to\nstate active duty to report to any civil offi cer, including, but not limited to, judge,\ncounty judge/executive, mayor, sheriff, or head of law enforcement or other public\nagency in whose jurisdiction the state active duty mission is to be performed. The\ncivil officer may advise the commanding officer regarding the specific objectives to\nbe accomplished by the military force, but the tactical direction and disposition of\nthe troops and the particular means to be employed to accomplish the mission shall\nbe left solely to the commanding officer of the National Guard.\n(3) Troops shall not be relieved from active field service except by order of the\nGovernor.\n(4) National Guard officers, enlisted soldiers, and airmen who are temporarily or\npermanently disabled as a direct result of an injury or disease arising out of the\nperformance of an act in the line of duty while on state active duty shall, at the\ndiscretion of the Governor, remain on paid state active duty status until a competent\nmedical authority releases them to return to their normal activities or the Governor\ndeems it appropriate to relieve the individual from state active duty status.\nCompensation paid to the soldier or airman by the department shall be adjusted and\nmaintained at the soldier's or airman's regular rate of active duty pay; however,\ncompensation paid by the department shall be reduced by the amount of payments\nreceived from workers' compensation insurance, Social Security benefits, and other\nfederal or state-financed disability programs designed to supplement the soldier's or\nairman's income. Final compensation shall not be reduced by payments for medical\ncare.","path":["KRS Chapter 38"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43289","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:55Z","sha256":"e9b25006ec28aed1c123fbdd089a9813b854a1f0f0fe7c2c1e720e61010e86b0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-38.020","next":"us-ky/krs-38.040"},"notice":"GroundRules: Original legal text. Not legal advice."}