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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
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HB 2181: national guard; active duty combat
Sponsor: Representative Kolodin, LD 3
Committee on Military Affairs & Public Safety
Overview
Prohibits the National Guard from being called into active duty combat without official action by the United States Congress or the Arizona State Legislature.
History
32 U.S. Code §§ 109-110 governs the maintenance of troops by states and requires the President of the United States to issue orders necessary to organize, discipline and govern the National Guard. A.R.S. § 26-151 declares that federal rules and regulations and congressional acts, as far as they apply to the national guards of states, apply fully to the National Guard of Arizona.
Provisions
1. Prohibits, notwithstanding any other law, the National Guard from being called into active duty combat unless:
a) the United States Congress passes an official declaration of war;
b) the United States Congress takes an official action that calls on the National Guard to expressly execute the laws of the union, repel an invasion or suppress an insurrection; or
c) the Legislature provides specific authorization by a concurrent resolution. (Sec. 1)
2. Requires that the Governor take all necessary actions to comply with the prohibition. (Sec. 1)
3. Defines active duty combat and official declaration of war. (Sec. 1)
4. Contains a findings clause. (Sec. 2)
5. Designates this legislation with the short title Defend the Guard Act. (Sec. 3)
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HB 2181
Initials NM Page 0 Military Affairs & Public Safety
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