This bill proposes to amend the Arizona Revised Statutes by adding a new section, 26-164, which would restrict the circumstances under which the Arizona National Guard can be deployed into active duty combat. Under the new law, the National Guard cannot be released from the state for active duty combat unless there is an official declaration of war by the United States Congress or a specific action taken by Congress to call forth the National Guard for certain purposes, such as executing federal laws, repelling invasions, or suppressing insurrections. The governor would be responsible for ensuring compliance with these requirements.
Additionally, the bill defines "active duty combat" and "official declaration of war." "Active duty combat" includes participating in armed conflict, performing hazardous services related to armed conflict in foreign states, and duties involving instruments of war. An "official declaration of war" is specified as one made by Congress in accordance with the U.S. Constitution. The current statutes remain unchanged, with the new provisions being inserted into the existing legal framework.
Statutes affected: Introduced Version: 26-164