UNOFFICIAL COPY 22 RS BR 885
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AN ACT relating to the National Guard. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 38 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) For the purposes of this section: 5
(a) "Active duty combat" means performing the following services in the active 6
federal military of the United States: 7
1. Participation in an armed conflict; 8
2. Performance of a hazardous service relating to an armed conflict in a 9
foreign state; or 10
3. Performance of a duty through an instrumentality of war; and 11
(b) "Official declaration of war" pursuant to Article 1, Section 8, Clause 11 of 12
the United States Constitution. 13
(2) Notwithstanding any other provisions of law, the Kentucky National Guard and 14
any member of the Kentucky National Guard shall not be released from the state 15
into active duty combat unless the federal government has satisfied any 16
outstanding balance to the Kentucky National Guard and the United States 17
Congress has: 18
(a) Passed an official declaration of war; or 19
(b) Taken official action pursuant to Article 1, Section 8, Clause 15 of the 20
United States Constitution to explicitly call forth the Kentucky National 21
Guard and any member of the Guard for enumerated purposes to expressly 22
execute the laws of the Commonwealth, repel invasion, or suppress 23
insurrections. 24
(3) Nothing in this section limits or prohibits the Governor from consenting to the 25
deployment of any Kentucky National Guard member as set forth in Title 32 of 26
the United States Code for defense in support of civil authority missions within 27 UNOFFICIAL COPY 22 RS BR 885
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the United States or its territories. 1
Section 2. This Act may be cited as the Defend the Guard Act. 2