1.1 A bill for an act
1.2 relating to military affairs; establishing the Defend the Guard Act; proposing coding
1.3 for new law in Minnesota Statutes, chapter 192.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [192.054] DEFEND THE GUARD; ACTIVE DUTY COMBAT.
1.6 (a) For purposes of this section:
1.7 (1) "active duty combat" means performing the following services in the active federal
1.8military service of the United States:
1.9 (i) participation in an armed conflict;
1.10 (ii) performance of a hazardous service relating to an armed conflict in a foreign state;
1.11or
1.12 (iii) performance of a duty through an instrumentality of war; and
1.13 (2) "official declaration of war" means an official declaration of war made by the United
1.14States Congress pursuant to the United States Constitution, Article I, section 8, clause (11).
1.15 (b) Notwithstanding section 192.05, the Minnesota National Guard, and any member of
1.16the Minnesota National Guard, must not be released from the state into active duty combat
1.17unless the United States Congress has passed an official declaration of war or has taken an
1.18official action pursuant to the United States Constitution, Article I, section 8, clause (15),
1.19to explicitly call forth the Minnesota National Guard, and any member of the Minnesota
1.20National Guard, to expressly execute the laws of the union, repel an invasion, or suppress
1Section 1.
REVISOR BD/LJ 25-0225601/16/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1782
NINETY-FOURTH SESSION
Authored by Roach03/03/2025
The bill was read for the first time and referred to the Veterans and Military Affairs Division 2.1an insurrection. The governor must take all actions necessary to comply with the requirements
2.2of this section.
2.3 (c) Nothing in this section limits or prohibits the governor from consenting to the
2.4deployment of any Minnesota National Guard member under United States Code, title 32,
2.5to provide defense support for civil authority missions in the United States and United States
2.6territories.
2Section 1.
REVISOR BD/LJ 25-0225601/16/25