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SF 1072

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/02/2023 10:18am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to military affairs; establishing Defend the Guard Act; proposing coding
for new law in Minnesota Statutes, chapter 192.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [192.054] DEFEND THE GUARD; ACTIVE DUTY COMBAT.
 new text end

new text begin (a) For purposes of this section:
 new text end

new text begin (1) "active duty combat" means performing the following services in the active federal
military service of the United States:
 new text end

new text begin (i) participation in an armed conflict;
 new text end

new text begin (ii) performance of a hazardous service relating to an armed conflict in a foreign state;
or
 new text end

new text begin (iii) performance of a duty through an instrumentality of war; and
 new text end

new text begin (2) "official declaration of war" means an official declaration of war made by the United
States Congress pursuant to the United States Constitution, Article I, section 8, clause (11).
 new text end

new text begin (b) Notwithstanding section 192.05, the Minnesota National Guard, and any member of
the Minnesota National Guard, must not be released from the state into active duty combat
unless the United States Congress has passed an official declaration of war or has taken an
official action pursuant to the United States Constitution, Article I, section 8, clause (15),
to explicitly call forth the Minnesota National Guard, and any member thereof, for the
enumerated purposes to expressly execute the laws of the union, repel an invasion, or
suppress an insurrection. The governor must take all actions necessary to comply with the
requirements of this section.
 new text end

new text begin (c) Nothing in this section limits or prohibits the governor from consenting to the
deployment of any Minnesota National Guard member under United States Code, title 32,
defense support for civil authority missions within the United States and United States
territories.
 new text end