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MD HB548

MD HB548
Public Safety - Militia - Active Duty Combat (Defend the Guard)


summary

Introduced
01/22/2025
In Committee
01/22/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Prohibiting the Governor from ordering the militia or a member of the militia into active duty combat unless the U.S. Congress has passed an official declaration of war or taken a certain official action; and establishing that this prohibition does not limit or prohibit the Governor from deploying the militia or a member of the militia under certain circumstances.

AI Summary

This bill establishes new restrictions on the Governor's ability to deploy the Maryland Defense Force and National Guard into 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 duty through an instrumentality of war. The Governor is prohibited from ordering militia members into active duty combat unless the U.S. Congress has either passed an official declaration of war or taken an explicit constitutional action to call forth the state militia to execute laws, repel an invasion, or suppress an insurrection. However, the bill does not prevent the Governor from deploying militia members under U.S. Defense Support of Civil Authorities provisions within the United States and its territories. The legislation aims to provide additional safeguards by ensuring that militia members are not sent into active combat situations without clear congressional authorization, while maintaining the Governor's ability to deploy troops for domestic emergencies and support of civil authorities. The bill will take effect on October 1, 2025.

Committee Categories

Health and Social Services

Sponsors (17)

Last Action

House Health and Government Operations Hearing (13:00:00 2/18/2025 ) (on 02/18/2025)

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