Bill Text: MI SB1209 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Military affairs: other; release of the Michigan National Guard into active duty combat without an official act of Congress; prohibit. Amends 1967 PA 150 (MCL 32.501 - 32.851) by adding sec. 203.
Sponsorship: Slight Partisan Bill (Republican 4-2)
Status: (Introduced) 2026-10-14 - Referred To Committee On Veterans And Emergency Services [SB1209 Detail]
Download: Michigan-2025-SB1209-Introduced.html
SENATE BILL NO. 1209
A bill to amend 1967 PA 150, entitled
"Michigan military act,"
(MCL 32.501 to 32.851) by adding section 203.
the people of the state of michigan enact:
Sec. 203. (1) This section may be known as the "defend the guard act".
(2) Subject to subsection (3), notwithstanding any other provision of this act, the Michigan National Guard and any member of the Michigan National Guard must not be released from this state into active duty combat unless the United States Congress has passed an official declaration of war or has taken an official action under clause 15 of section 8 of article I of the Constitution of the United States to explicitly call forth the state militia to execute the laws of the union, suppress an insurrection, or repel an invasion. The governor shall take all actions necessary to comply with the requirements of this section.
(3) Subsection (2) takes effect only if 25 states or more enact a law that is substantially similar to this section.
(4) This state shall not formally enter into an interstate compact that is substantially similar to this section unless all of the following states also formally enter that interstate compact:
(a) Illinois.
(b) Indiana.
(c) Ohio.
(d) Pennsylvania.
(e) Wisconsin.
(5) As used in this section:
(a) "Active duty combat" means participating in or performing any of the following active services in the service of the United States:
(i) An armed conflict.
(ii) A hazardous service.
(iii) A duty under conditions simulating war.
(iv) A duty through an instrumentality of war.
(b) "Official declaration of war" means an official declaration of war made by the United States Congress under clause 11 of section 8 of Article I of the Constitution of the United States.
