REFERENCE TITLE: national guard; active duty; requirements

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SB 1367

Introduced by

Senators Rogers: Kern, Kerr, Shamp

An Act

amending title 26, chapter 1, article 3, Arizona Revised Statutes, by adding section 26-164; relating to the national guard.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 26, chapter 1, article 3, Arizona Revised Statutes, is amended by adding section 26-164, to read:

START_STATUTE26-164. Active duty combat; requirements; definitions

A. Notwithstanding any other law, the national guard of Arizona may not be released from this state into active duty combat unless the United States congress has passed an official declaration of war or has taken an official action pursuant to Article I, Section 8, Clause 15, Constitution of the United States, to explicitly call forth the national guard of Arizona for the enumerated purposes of executing the laws of the union, REPELLING an invasion or suppressing an insurrection. The governor shall take all actions necessary to comply with the requirements of this section.

B. For the purposes of this section:

1. "Active duty combat" means doing any of the following in the ACTIVE military service of the United States:

(a) Participating in an armed conflict.

(b) Performing a hazardous service relating to an armed conflict in a foreign state.

(c) Performing a duty through an instrumentality of war.

2. "Official declaration of war" means an official declaration of war made by the United States congress pursuant to ARTICLE I, Section 8, clause 11, Constitution of the United States. END_STATUTE