Bill > HB404

This bill, known as the "Defend the Guard Act", establishes strict requirements for deploying the Montana National Guard to active duty combat, requiring an official declaration of war or specific congressional action under the U.S. Constitution. The bill defines key terms such as "active duty combat" (which includes participating in armed conflicts, performing hazardous services in foreign states, or engaging in war-related duties) and "official declaration of war" (a formal declaration by Congress). Specifically, the Montana National Guard cannot be released for federal active duty combat unless Congress either formally declares war or takes an official action explicitly calling forth the guard under constitutional provisions. However, the bill does not restrict the governor's ability to consent to national guard activations for state-controlled missions like training, domestic emergency response, homeland defense, counter-drug operations, and other authorized missions under federal guidelines. The governor is empowered to enforce these provisions, and the act becomes effective immediately upon passage. The legislation aims to provide additional state-level oversight and protection of the Montana National Guard's deployment, ensuring that guard members are not sent into combat without clear congressional authorization.

Transportation and Infrastructure

https://bills.legmt.gov/#/laws/bill/2/LC0892