---
title: HB 1450. State militia; oversight of any deployment of the National Guard by the Governor; provide
collection: bills
id: 2025-2026/hb1450
cite_as: HB 1450, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1450
md_url: https://georgiacommons.org/bills/2025-2026/hb1450.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1450/text
source_url: https://www.legis.ga.gov/legislation/73613
date: 2026-02-26
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1450.md?full=1
bill_number: HB 1450
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-24
last_action: House Second Readers
sponsors:
  - Derrick Jackson
  - Teddy Reese
  - Billy Mitchell
  - Eric Bell
  - Sandra Scott
  - Viola Davis
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1450/2025
upstream_id: 2123530
summaries_model: claude-sonnet-5
topic_tags:
  - National Guard
  - state militia
  - legislative oversight
  - military deployment
  - voting rights
---

# HB 1450. State militia; oversight of any deployment of the National Guard by the Governor; provide

## Text

House Bill 1450
By: Representatives Jackson of the 68th, Reese of the 140th, Mitchell of the 88th, Bell of the
75th, Scott of the 76th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated,
relating to state militia generally, so as to provide for oversight of any deployment of the
National Guard by the Governor for state active duty or federal mobilization; to provide for
notification, briefing, and reporting requirements; to require approval by the General
Assembly prior to certain deployments; to provide for limitations on using the National
Guard in certain drug operations and for active combat; to provide for construction; to
provide for legislative findings; to provide for definitions; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds that:
(1) Article I, Section 8, Clause 11 of the United States Constitution grants Congress the
exclusive power to declare war;
(2) Article I, Section 8, Clauses 15 and 16 of the United States Constitution authorize
calling forth the militia only to execute the laws of the union, to suppress insurrections, and
to repel invasions;
(3) The Tenth Amendment of the United States Constitution reserves powers not delegated
to the United States to the states or the people; and
(4) The Georgia National Guard remains under state authority unless lawfully federalized
pursuant to constitutional authority.
SECTION 2.
Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to state
militia generally, is amended by revising Code Section 38-2-6, relating to ordering organized
militia into active state service, Governor's duties, local officials' duties, declaration of state
of emergency, and pay, as follows:
"38-2-6.
(a) <ins>Except as otherwise provided in Code Section 38-2-6.2:
(1)</ins> The Governor shall have power, in case of invasion, disaster, insurrection, riot,
breach of the peace, combination to oppose the enforcement of the law by force or
violence, or imminent danger thereof, or other grave emergency, to order all or any part
of the organized militia into the active service of the state for such period, to such extent,
and in such manner as he <ins>or she</ins> may deem necessary. Such power shall include the
power to order the organized militia or any part thereof to function under the operational
control of the United States army, navy, or air force commander in charge of the defense
of any area within the state which is invaded or attacked or is or may be threatened with
invasion or attack.; <ins>and
</ins> <del>(b)(2)</del> Whenever any judge of a superior, city, or state court, sheriff, or mayor of a
municipality shall apprehend the outbreak of insurrection, riot, breach of the peace, or
combination to oppose the enforcement of the law by force or violence within the
jurisdiction of which such officer is by law the conservator of the peace, or in the event
of disaster or other grave emergency, it shall be the duty of the judge, sheriff, or mayor,
when it appears that the unlawful combination or disaster has progressed beyond the
control of the civil authorities, to notify the Governor, and the Governor may then, in his
<ins>or her</ins> discretion, if he <ins>or she</ins> deems the apprehension well founded or the disaster or
emergency of sufficient magnitude, order into the active service of the state for such
period, to such extent, and in such manner as he or she may deem necessary all or any
part of the organized militia.
<ins>(c)(b)</ins> When the Governor orders into the active service of the state all or any portion of
the organized militia as provided in this Code section, he <ins>or she</ins> shall declare a state of
emergency in such locality and it shall be the duty of the Governor to confirm such
declaration and order in writing which shall state the area into which the force of the
organized militia has been ordered.
<del>(d)(c)</del> The compensation of all officers and enlisted men while on duty or assembled
pursuant to this Code section shall be paid in the manner prescribed by Code Section
38-2-250."
SECTION 3.
Said article is further amended by adding a new Code section to read as follows:
<ins>"38-2-6.2.
(a) As used in this Code section, the term:
(1) 'Active combat' means direct participation in an armed conflict or offensive operation
outside of the United States. Such term shall not include training, humanitarian missions,
disaster relief, logistics, medical support, cyber defense, intelligence gathering, or
homeland defense.
(2) 'Federal mobilization' means the activation of National Guard members by the
President of the United States or Congress for federal active duty service.
(3) 'State active duty' means full-time duty in the organized militia of this state, including
the National Guard, under an order of the Governor or otherwise issued by authority of
law when such duty is paid for with funds of the state.
</ins>
<ins>(b)(1) Within 48 hours of ordering the National Guard into state active duty, the
Governor shall provide written notification to the Speaker of the House, the President of
the Senate, and the Attorney General. Such notification shall include the following:
(A) Specific legal authority for the deployment;
(B) Purpose and scope of the mission;
(C) Geographic area of the mission;
(D) Anticipated duration of the mission;
(E) Estimated cost to the state; and
(F) Total number of members of the National Guard deployed.
(2) Within seven days of federal mobilization of any part of the National Guard, the
Governor shall provide written notification to the Speaker of the House, the President of
the Senate, and the Attorney General. Such notification shall include an assessment of
the impact of the federal mobilization on state emergency readiness. The Governor shall
further implement measures to ensure the continuity of state emergency preparedness and
public safety operations during such mobilization.
(c) Prior to the deployment of 100 or more members of the National Guard, or as soon as
practicable following deployment in the event of an emergency that requires immediate
deployment, the Governor or the adjutant general shall provide a comprehensive briefing
regarding the necessity, legal basis, and mission parameters of such deployment to the
Attorney General, members of the House Committee on Defense and Veterans Affairs, and
members of the Senate Veterans, Military, and Homeland Security Committee.
(d)(1) No deployment of any member of the National Guard shall exceed 14 consecutive
days, nor shall any deployment under subsection (c) of this Code section exceed the
anticipated duration reported pursuant to subsection (b) of this Code section, unless the
General Assembly gives prior approval.
(2) The approval required under paragraph (1) of this subsection shall be granted only
by a joint resolution passed by a simple majority of both chambers of the General
</ins>
<ins>Assembly. If the General Assembly is not in session, the Governor shall summon the
General Assembly for an emergency session for the sole purpose of considering the
continuation of the deployment under this subsection.
(3) If approval is requested under this subsection and not granted, the deployment shall
be terminated and all members of the National Guard shall be withdrawn.
(e) No member of the National Guard shall be released into active combat under Title 10
of the United States Code unless Congress has enacted a formal declaration of war or has
taken specific official action pursuant to Article I, Section 8, Clause 11 of the United States
Constitution, and such declaration or action is to repel an invasion, suppress an
insurrection, or execute federal law pursuant to Article I, Section 8, Clause 15 of the United
States Constitution.
(f) The role of the National Guard in any counterdrug operation shall be limited to
supporting law enforcement. Members of the National Guard shall not conduct or direct
any law enforcement activities, including, but not limited to, searches, seizures, or arrests,
unless expressly authorized by law and consistent with the Constitution of the United States
and the Constitution of this state.
(g) The Governor shall not deploy any member of the National Guard to intimidate,
threaten, or coerce any person for the purpose of interfering with the right to vote.
(h) The adjutant general shall submit an annual report to the General Assembly no later
than January 31 each year. Such report shall include:
(1) All federal and state deployments of the National Guard during the preceding year;
(2) Retention and recruitment levels for the National Guard during the preceding year;
(3) Readiness status of the National Guard;
(4) Funding and equipment needs of the National Guard; and
(5) Any other matters that the adjutant general deems relevant to the operational
capability of the National Guard.
</ins>
<ins>(i) Nothing in this Code section shall be construed to limit the lawful authority of the
Governor to deploy the National Guard for immediate life-saving purposes or as required
by the United States Constitution during a declared national emergency."
</ins> SECTION 4.
Said article is further amended in Code Section 38-2-10, relating to national guard, drug law
enforcement, medical care, and youth opportunity programs, by revising paragraph (1) of
subsection (a) as follows:
"(1) <ins>Except as otherwise provided in Code Section 38-2-6.2, authorize</ins> <del>Authorize</del> or
direct the Georgia National Guard to assist and support federal, state, and local law
enforcement agencies in drug interdiction, counterdrug activities, and drug demand
reduction;"
SECTION 5.
Said article is further amended in Code Section 38-2-11, relating to federally approved
counterdrug law enforcement plans, by revising subsection (b) as follows:
"(b) The Governor may authorize the use of <del>Georgia</del> National Guard personnel and
equipment outside the boundaries of the state under this Code section, if:
(1) A request is received from the governor of another state;
(2) The request evidences that the requesting governor has authority to make the request;
(3) The attorney general of the requesting state has acknowledged the Governor's
authority and has certified that National Guard personnel requested from this state while
performing duty in the requesting state shall have the same immunity from liability and
prosecution as do National Guard personnel of the requesting state performing such duty;
and
(4) The request relates to the performance of duty in a federally approved counterdrug
law enforcement plan as authorized and funded under 32 U.S.C. Section 112; <ins>provided,
</ins>
<ins>however, that the role of the National Guard in any such plan shall comply with
subsection (f) of Code Section 38-2-6.2."
</ins> SECTION 6.
Said article is further amended in Code Section 38-2-25, relating to assemblies, annual
training, special duty, active duty, and declaration of emergency, by revising subsections (c)
and (d) as follows:
"(c) <ins>Except as otherwise provided in Code Section 38-2-6.2, members</ins> <del>Members</del> and units
of the organized militia may be ordered by the Governor to state active duty when in his
judgment there exists a possibility of imminent danger of disaster, riot, insurrection, or
gross breach of the peace; provided, however, that, when so called to state active duty,
members and units may not be deployed to quell riots, insurrection, or gross breach of the
peace or to maintain order until an emergency has first been declared as provided in Code
Section 38-2-6 or 45-12-30.
(d) <ins>Except as otherwise provided in Code Section 38-2-6.2, members</ins> <del>Members</del> of the
organized militia, with their consent, may be ordered by the Governor to state active duty
for any lawful purpose or purposes and without pay and allowances or other compensation,
except as specifically set forth in such orders, but with all other privileges, rights, benefits,
and immunities provided by the military laws or other statutes of this state; provided,
however, that, when so called to state active duty, members of the organized militia may
not be deployed to quell riots, insurrections, or a gross breach of the peace or to maintain
order until an emergency has first been declared as provided in Code Section 38-2-6 or
45-12-30."
SECTION 7.
Said article is further amended in Code Section 38-2-90, relating to service outside state and
application of state military law to such service, by revising subsection (a) as follows:
"(a) <ins>Except as otherwise provided in Code Section 38-2-6.2, the</ins> <del>The</del> Governor may order
the organized militia or any part thereof to serve outside the borders of the state or of the
United States in order to perform military duty of every description; to participate in
parades, reviews, cruises, conferences, encampments, maneuvers, or other training; to
participate in small arms and other military competitions; and to attend service schools."
SECTION 8.
Said article is further amended in Code Section 38-2-91, relating to rendering assistance to
another state's armed forces, Governor's request and recall, and requesting assistance for this
state, by revising subsection (a) as follows:
"(a) <ins>Except as otherwise provided in Code Section 38-2-6.2, upon</ins> <del>Upon</del> the request of the
governor of another state, the Governor in his discretion may order all or any portion of the
organized militia to assist the military or police forces of the other state who are actually
engaged in defending the other state. Such forces may be recalled by the Governor at his
discretion."
SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A Georgia House bill would create new legislative oversight of the Governor's power to deploy the National Guard, requiring notice, briefings, and General Assembly approval for extended deployments, while limiting the Guard's use in combat and drug operations.

### Plain-language summary

Currently the Governor has broad authority under Georgia law to call up the state militia, including the National Guard, for emergencies like riots, disasters, or invasions, with few reporting requirements. This bill adds a new Code section (38-2-6.2) that requires the Governor to notify the Speaker of the House, the President of the Senate, and the Attorney General within 48 hours of ordering state active duty, and within seven days of a federal mobilization, giving details on legal authority, mission scope, cost, and troop numbers.
For deployments of 100 or more Guard members, the Governor or adjutant general must brief legislative defense committees. No deployment can exceed 14 days without General Assembly approval by joint resolution, and if the legislature is not in session, the Governor must call an emergency session. The bill also bars using the Guard for active combat without a congressional declaration of war, restricts its role in drug enforcement to support functions, and prohibits deploying it to intimidate voters. The adjutant general must file an annual report on deployments, readiness, and funding needs.

### What it does

- Requires the Governor to notify top legislative leaders and the Attorney General within 48 hours of any state active duty call-up of the National Guard, including legal basis, cost, and troop numbers.
- Requires notice within seven days of a federal mobilization of the Guard, including an assessment of the impact on state emergency readiness.
- Requires a legislative briefing before deploying 100 or more Guard members, covering the necessity, legal basis, and mission details.
- Caps most Guard deployments at 14 consecutive days unless the General Assembly approves a longer deployment by joint resolution.
- Bars sending Guard members into active combat overseas unless Congress has declared war or taken equivalent constitutional action.
- Limits the Guard's role in drug enforcement operations to support of law enforcement and bans it from being deployed to intimidate voters.

### Who it affects

The Governor and the adjutant general, who gain new reporting and briefing duties; the Speaker of the House, President of the Senate, and Attorney General, who receive the notifications; legislative defense and veterans committees, which must be briefed; and National Guard members and units whose deployments become subject to new time limits and restrictions.

### Why it matters

If enacted, Georgia lawmakers would gain a formal role in reviewing and potentially ending National Guard deployments that last more than two weeks, and would receive detailed information about cost, scope, and legal basis whenever the Guard is called up, changing a process that currently rests largely with the Governor alone.

### Key provisions

- Section 2 revises O.C.G.A. § 38-2-6 to make the Governor's existing emergency call-up power subject to the new oversight section, 38-2-6.2.
- Section 3 creates new Code Section 38-2-6.2, defining 'active combat,' 'federal mobilization,' and 'state active duty,' and setting the notification, briefing, and 14-day deployment cap rules.
- Section 3 requires General Assembly approval by joint resolution (simple majority in both chambers) to extend a deployment beyond 14 days or its originally reported duration.
- Section 3 bars Guard members from being sent into active combat abroad absent a congressional declaration of war or equivalent action under Article I, Section 8, Clause 11.
- Section 3 limits the Guard's counterdrug role to support of law enforcement and bars it from conducting searches, seizures, or arrests without express legal authorization.
- Section 3 prohibits deploying the Guard to intimidate, threaten, or coerce voters, and requires an annual report from the adjutant general to the General Assembly by January 31 each year.
- Sections 4 through 8 amend several existing Code sections (38-2-10, 38-2-11, 38-2-25, 38-2-90, 38-2-91) to make other Guard deployment and duty provisions subject to the new oversight section 38-2-6.2.

## Status

- Status: Introduced (2026-02-24)
- Last action: House Second Readers (2026-02-26)
- Sponsors: Derrick Jackson, Teddy Reese, Billy Mitchell, Eric Bell, Sandra Scott, Viola Davis
- Official page: https://www.legis.ga.gov/legislation/73613

> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1450.md?full=1