UNOFFICIAL COPY 24 RS BR 1377
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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) As used in 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" means a declaration of war by the United 12
States Congress pursuant to Article 1, Section 8, Clause 11 of the United 13
States Constitution. 14
(2) Notwithstanding any other provisions of law, the Kentucky National Guard and 15
any member of the Kentucky National Guard shall not be released from the state 16
into active duty combat unless the federal government has satisfied any 17
outstanding balance to the Kentucky National Guard, and the United States 18
Congress has: 19
(a) Passed an official declaration of war; or 20
(b) Taken official action pursuant to Article 1, Section 8, Clause 15 of the 21
United States Constitution to explicitly call forth the Kentucky National 22
Guard and any member of the Guard for enumerated purposes to expressly 23
execute the laws of the Commonwealth, repel invasion, or suppress 24
insurrections. 25
(3) Nothing in this section limits or prohibits the Governor from consenting to the 26
deployment of any Kentucky National Guard member as set forth in Title 32 of 27 UNOFFICIAL COPY 24 RS BR 1377
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the United States Code for defense in support of civil authority missions within 1
the United States or its territories. 2
Section 2. This Act may be cited as the Defend the Guard Act. 3