SB62: SB62 "Defend the Guard Act"; enact

25 LC 46 9000 Senate Bill 62 By: Senator Moore of the 53rd A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Of ficial Code of Georgia1 Annotated, relating to general provisions regarding state militia generally, so as to require2 an official declaration of war or an official action to call forth the state militia by the United3 States Congress before members of the Georgia National Guard may be released from state4 control to participate in active duty combat or combat support operations; to provide for5 definitions; to provide for construction; to provide for a shor t title; to provide for related6 matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 This Act shall be known and may be cited as the "Defend the Guard Act."10 SECTION 2.11 Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Co de of Georgia Annotated,12 relating to general provisions regarding state militia generally, is amended by revising Code13 Section 38-2-5, relating to federal call up of militia, Governo r's duties, utilization of14 unorganized militia, and effect of unit's absence, as follows:15 S. B. 62 - 1 - 25 LC 46 9000 "38-2-5.16 (a) As used in this Code section, the term:17 (1) 'Active duty combat' means performing the following services while in active federal18 military service of the United States:19 (A) Participating in an armed conflict;20 (B) Carrying out a hazardous service in a foreign state; or21 (C) Executing a duty through an instrumentality of war.22 (2) 'Official declaration of war' means an official declaration of war made by the United23 States Congress pursuant to Article I, Section 8, Clause 11 of the United States24 Constitution.25 (b) Notwithstanding any other provision of this Code, the Georgia National Guard and any26 member thereof shall not be released from the state into active duty combat or combat27 support operations unless the United States Congress has passed an official declaration of28 war or has taken an official action pursuant to Article I, Section 8, Clause 15 of the United29 States Constitution to explicitly call forth the Georgia Nation al Guard and any member30 thereof for the enumerated purposes to expressly execute the laws of the union, suppress31 insurrections, or repel an invasion. The Governor shall take a ll actions necessary to32 comply with the requirements of this Code section. Nothing in this subsection shall limit33 or prohibit the Governor from consenting to the deployment of any Georgia National Guard34 member for defense support of civil authority missions within the United States and United35 States territories pursuant to 32 U.S.C. Section 328.36 (c) When the militia of the state is called into federal service under the Constitution and37 laws of the United States, the Governor shall order out for service the organized militia or38 such part thereof as may be necessary; and, if the number avail able is insufficient, the39 Governor may call for and accept from the unorganized militia as many volunteers as are40 required for service in the organized militia. During the absence of the organized militia41 S. B. 62 - 2 - 25 LC 46 9000 in the service of the United States, their state designations s hall not be given to new42 organizations."43 SECTION 3.44 All laws and parts of laws in conflict with this Act are repealed.45 S. B. 62 - 3 -