Office of the Revisor of Statutes
HF 4530
Introduction - 91st Legislature (2019 - 2020)
Posted on 03/26/2020 11:59 a.m.
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2.1
A bill for an act
relating to military affairs; limiting when the governor may release the National
Guard to federal active duty; proposing coding for new law in Minnesota Statutes,
chapter 190.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[190.035] NATIONAL GUARD FEDERALIZATION.
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new text begin Subdivision 1. new text end
new text begin Limitations. new text end
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Notwithstanding any law to the contrary, the governor must
withhold or withdraw approval of the transfer of the National Guard to federal control in
the absence of:
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(1) a military invasion of the United States;
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(2) an insurrection; or
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(3) a declaration of war by the United States Congress.
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new text begin Subd. 2. new text end
new text begin Review of federal requests. new text end
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The governor must examine every federal order,
present and future, that places the National Guard on federal active duty to determine whether
the order is constitutional according to article I, section 8, clause 15, of the Constitution of
the United States. If the governor determines that the order is not constitutional, the governor
must take all appropriate action to prevent the National Guard from being placed or kept
on federal active duty.
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new text begin Subd. 3. new text end
new text begin Report. new text end
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The governor must submit a report to the legislative committees with
jurisdiction over military affairs summarizing the governor's review of each federal order
to place the National Guard on federal active duty and any action the governor takes in
response to that review, within 30 days after the governor's review is complete.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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