Bill Summary – FastDemocracy

FIRST REGULAR SESSION
                        HOUSE BILL NO. 1228
                               103RD GENERAL ASSEMBLY


                              INTRODUCED BY REPRESENTATIVE COSTLOW.

     2736H.01I                                                                    JOSEPH ENGLER, Chief Clerk


                                                AN ACT
     To amend chapter 41, RSMo, by adding thereto one new section relating to the Missouri
           National Guard, with a contingent effective date.


     Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 41, RSMo, is amended by adding thereto one new section, to be
 2   known as section 41.037, to read as follows:
            41.037. 1. This section shall be known and may be cited as the "Defend the
 2   Guard Act".
 3          2. As used in this section, the following terms mean:
 4          (1) "Active duty combat", performing the following services in the active federal
 5   military service of the United States:
 6          (a) Participation in an armed conflict;
 7          (b) Performance of a hazardous service in a foreign state; or
 8          (c) Performance of a duty through an instrumentality of war;
 9          (2) "Official declaration of war", an official declaration of war made by the
10   United States Congress under Article I, Section 8, Clause 11 of the Constitution of the
11   United States.
12          3. Notwithstanding any other provision of law, the Missouri National Guard and
13   any member thereof shall not be released from the state into active duty combat unless
14   the United States Congress has passed an official declaration of war to explicitly call
15   forth the Missouri National Guard. The governor shall take all actions necessary to
16   comply with the requirements of this section.


     EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
     intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HB 1228                                         2

17         4. Nothing in this section limits or prohibits the governor from consenting to the
18 deployment of any Missouri National Guard member under Title 32 of the United States
19 Code.
           Section B. Section A of this act shall be effective on January first of the year
 2 following the notice to the revisor of statutes that at least ten other states have enacted
 3 legislation with provisions similar to the provisions of this act.
                                                ✔

Statutes affected: 
Introduced (2736H.01): 41.037