Bill Text: MI HB4058 | 2021-2022 | 101st 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-02-02 - Bill Electronically Reproduced 01/28/2021 [HB4058 Detail]

Download: Michigan-2021-HB4058-Introduced.html














January 28, 2021, Introduced by Rep. Steven Johnson and referred to the Committee on Military, Veterans and Homeland Security.

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 shall be known and may be cited as the "defend the guard act".

(2) 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, repel an invasion, or suppress an insurrection. The governor shall take all actions necessary to comply with the requirements of this section.

(3) As used in this section:

(a) "Active duty combat" means performing any of the following active services in the service of the United States:

(i) Participation in an armed conflict.

(ii) Performance of a hazardous service.

(iii) Performance of a duty under conditions simulating war.

(iv) Performance of 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.