Skip to content

S.B. 5 - State of Emergency Act 2018

AN ACT

An Act to establish the jurisdiction and power of the National Guard, and the right of civil powers to declare states of emergencies within their jurisdictions and the consequences of such actions being declared.

19th July 2018

Be it enacted by the Senate of the State of Mayflower in Congress assembled,

Jurisdiction of the National Guard

1. In peacetime

  • (a) When a state of emergency or war does not exist, the National Guard (“the Guard”) shall remain within the confines of Guard sites Section (1b).
  • (b) The Guard shall be allocated the following sites to carry out their operations:
  • (i) The Blackadder Armoury (“the Armoury”)
  • (ii) The West Point Armoury
  • (iii) Fort Baldrick [the Guard Headquarters in Lander]
  • (c) With the authority of the Commander-In-Chief and Adjutant General, senior officers shall be authorised to allow Guardsmen to journey to and from the Armoury to other Guard sites.
  • (d) Members of the Guard shall be otherwise prohibited leaving Guard sites unless granted power under Section (2), or when given permission by a Lieutenant Colonel or above to attend a meeting or other official business.
  • (e) Section (1b, iv-...) may be included to the regions which have been agreed by the Adjutant General and civil law enforcement department heads in order for training exercises to be carried out by the Guard.
  • (f) Lethal force is authorised to protect Guard sites.
  • (g) Military Police shall be exempt from Section (1a, 1b, 1d) in order to carry out their duties.

2. In states of emergency

  • (a) When a state of emergency exists, Section (1b, iv-...) may be included to the regions in which the civil powers have bestowed upon the state government to deploy the Guard to, in order to quell civil unrest, disobedience or organised criminal activity.
  • (b) During this time, senior officers shall be authorised [in accordance with Section (1c)] to allow Guardsmen to deploy to these regions to accomplish the task bestowed upon them.
  • (c) Lethal force shall be at the discretion of senior officers, and must have the ability to justify their actions to a civil court should the need arise.

The rights of civil powers in regards to states of emergency

3. Power of the state government

  • (a) The Governor, being the Commander-In-Chief of the Guard, or anyone exercising the functions of the Office of the Governor, shall have the power to declare a state of emergency and enact martial law for no more than 24 hours at a time.
  • (b) After 24 hours has elapsed, if the Governor wishes to continue the state of emergency, they must appeal to the State Senate to extend this, otherwise it shall end.
  • (c) Upon the Governor declaring a state of emergency, the Guard shall be deployed at major population areas to enforce public safety, martial law, curfews and limitations on finite resources such as gas, food, water and electricity.
  • (d) Civil law enforcement department heads shall then liaise with the Guard in order to have their resources focused as per the wishes of senior Guard officers.

4. Power of local government

  • (a) County executives and Mayors shall have the power to declare a state of emergency.
  • (b) Upon declaring a state of emergency, they shall contact the Office of the Governor in order to facilitate the necessary arrangements to bring in state resources, including the Guard, to alleviate the situation.

Nullification

5. Nullification of this act

  • (a) This act shall be nullified with the signing of another State of Emergency Act, or in part should it conflict with sections of the Constitution.
Last update: May 7, 2020