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SC H3308

SC H3308
Defend the Guard Act


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Enacting The "defend The Guard Act" By Adding Section 25-1-1930 So As To Provide That The South Carolina National Guard May Not Be Released From The State Into Active-duty Combat Unless The United States Congress Has Taken Certain Actions.

AI Summary

This bill, known as the "Defend the Guard Act", proposes a significant restriction on the deployment of the South Carolina National Guard to active-duty combat. Specifically, the bill defines "active-duty combat" as participation in an armed conflict, performing hazardous services related to an armed conflict in a foreign state, or performing a war-related duty. Under the proposed legislation, the South Carolina National Guard cannot be released from state control for active-duty combat unless the United States Congress has either officially declared war (as outlined in the Constitution's Article I, Section 8, Clause 11) or has explicitly called forth the National Guard for specific constitutional purposes such as executing laws, repelling an invasion, or suppressing an insurrection. The Governor is required to take all necessary actions to ensure compliance with these restrictions. However, the bill explicitly preserves the Governor's authority to consent to National Guard deployments for civil authority missions within the United States and its territories. The act would take effect immediately upon the Governor's approval, providing a new layer of state-level control over the deployment of National Guard troops in potential military conflicts.

Committee Categories

Health and Social Services

Sponsors (3)

Last Action

Member(s) request name added as sponsor: Edgerton (on 02/12/2025)

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