_____________ bill NO. _____________
INTRODUCED BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING NATIONAL GUARD COMBAT DEPLOYMENT LAW; REQUIRING AN OFFICIAL CONGRESSIONAL DECLARATION OR ACTION TO RELEASE THE MONTANA NATIONAL GUARD TO ACTIVE COMBAT DUTY; Providing for the secretary of state to circulate copies of the act; providing for the secretary of state to charge a fee; and PROVIDING DEFINITIONS."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Short title. [Sections 1 through 3] may be cited as the "Defend the Montana Guard Act".
NEW SECTION. Section 2. Definitions. As used in [sections 1 through 3], unless the context clearly indicates otherwise, the following definitions apply:
(1) "Active duty combat" means performing one or more of the following services in the active military service of the United States:
(a) participation in armed conflict;
(b) performance of a hazardous service relating to an armed conflict in a foreign state other than performance in a training exercise in a foreign state; or
(c) performance of 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, of the United States constitution.
NEW SECTION. Section 3. Montana national guard -- official declaration or official action required. (1) Notwithstanding any other provision of law, the Montana national guard and any member of the Montana national guard may not be released from the state into active-duty combat unless the United States congress has:
(a) passed an official declaration of war; or
(b) taken an official action pursuant to Article I, section 8, clause 15, of the United States constitution to explicitly call forth the Montana national guard and any member of the Montana national guard for the enumerated purposes to expressly execute the laws of the country, repel an invasion, or suppress an insurrection.
(2) The governor shall take any action necessary to comply with the requirements of this section.
NEW SECTION. Section 4. Governor's powers. Nothing in this section limits or prohibits the governor from consenting to the deployment of any Montana national guard member pursuant to Title 32, U.S.C., for defense support for civil authority missions within the United States and United States territories or for active federal duty for the purposes of training outside the United States.
NEW SECTION. Section 5. Secretary of state to circulate copies of Defend the Guard Act. (1) A resident of the state may request the secretary of state mail a copy of the Defend the Montana Guard Act to the office of any of the following people or entities:
(a) the president of the United States;
(b) the vice president of the United States;
(c) members or committees of congress;
(d) members of the national security council; and
(e) legislatures of other states or territories of the United States.
(2) The secretary of state shall charge a person submitting a request under subsection (1) a $10 fee for each individual mailing and may require payment of the fee prior to mailing.
(3) The secretary of state may not mail more than one copy to a particular person or entity listed in subsection (1) in any biennium.
NEW SECTION. Section 6. Codification instruction. [Sections 1 through 5] are intended to be codified as an integral part of Title 10, chapter 1, part 1, and the provisions of Title 10, chapter 1, part 1, apply to [sections 1 through 5].
Latest Version of LC 2086
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