Bill Text: HI HB406 | 2021 | Regular Session | Introduced
Bill Title: Relating To The Hawaii National Guard.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2021-01-27 - Referred to CMV, JHA, referral sheet 1 [HB406 Detail]
Download: Hawaii-2021-HB406-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
406 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII NATIONAL GUARD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. This Act shall be known and may be cited as the "Defend the Guard Act."
SECTION 2. Chapter 121, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§121- Hawaii national guard; terms for release
from state control; active duty combat. (a) Notwithstanding any other provision of law to
the contrary, the Hawaii national guard and any member thereof shall not be
released from the State into active duty combat unless the United States
Congress has:
(1) Passed an official
declaration of war; or
(2) Taken an
official action pursuant to Article I, Section 8, Clause 15 of the United
States Constitution to explicitly call forth the Hawaii National Guard to:
(A) Execute
the laws of the union;
(B) Repel
an invasion; or
(C) Suppress
an insurrection.
(b)
The governor shall take any action necessary to comply with the
requirements of this section.
(c) For
the purposes of this section:
"Active duty combat" means
performing any of the following services in the active federal military service
of the United States:
(1) Participation
in an armed conflict;
(2) Performance of
a hazardous service in a foreign state; or
(3) Performance of
a duty through an instrumentality of war.
"Official declaration of war" means
an official declaration of war made by the United States Congress pursuant to
Article I, Section 8, Clause 11 of the United States Constitution."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Hawaii National Guard; Terms for Release from State Control; Active Duty Combat
Description:
Prohibits the Hawaii National Guard from being released from the State into active duty combat unless the United States Congress passes an official declaration of war or takes an official action pursuant to its constitutional powers to call the National Guard to execute the laws of the union, repel an invasion, or suppress an insurrection. Requires the Governor to take any action necessary to comply with those requirements.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
