HOUSE BILL NO. 5320
January 09, 2020, Introduced by Reps. Steven
Johnson, LaGrand, Paquette, Reilly and Jones and referred to the Committee
on Government Operations.
A bill to amend 1967 PA 150, entitled
"Michigan military act,"
(MCL 32.501 to 32.851) by adding section 203.
the people of the state of michigan enact:
Sec. 203. (1) This section shall be
known and may be cited as the "defend the guard act".
(2)
Notwithstanding any other provision of this act, the Michigan National Guard
and any member of the Michigan National Guard shall 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 under clause 15 of
section 8 of article I of the Constitution of the United States to explicitly
call forth the state militia to execute the laws of the union, repel an
invasion, or suppress an insurrection. The governor shall take all actions
necessary to comply with the requirements of this section.
(3)
As used in this section:
(a) "Active duty
combat" means performing any of the following active services in the
service of the United States:
(i) Participation in an armed conflict.
(ii) Performance of a hazardous service.
(iii) Performance of a duty under
conditions simulating war.
(iv) Performance of a duty through an
instrumentality of war.
(b) "Official declaration of war" means an official declaration of war made by the United States Congress under clause 11 of section 8 of article I of the Constitution of the United States.