Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB29

Introduced
2/6/23  

Caption

Militia; establishing the Defend the Guard Act; requiring certain declaration before certain military members may be released from state control to participate in active duty combat. Effective date.

Impact

The bill has significant implications for state laws regarding the mobilization of the Oklahoma National Guard. By requiring a congressional declaration for combat deployments, the act alters the processes by which state and federal authorities cooperate in military matters. This could potentially slow down the deployment of National Guard members to combat situations, thereby reinforcing the notion of legislative oversight in military engagements and preventing unilateral decisions that might arise during conflicts. The emphasis on congressional approval reflects concerns over military overreach and the use of state forces in ongoing conflicts without direct congressional sanction.

Summary

Senate Bill 29, known as the Defend the Guard Act, establishes conditions under which the Oklahoma National Guard may be released from state control to participate in active duty combat. It stipulates that an official declaration of war or a specific action by the United States Congress is required before any member of the Oklahoma National Guard can be deployed for combat purposes. This measure aims to ensure that state-controlled military forces are not utilized for active combat without clear legislative authorization at the federal level, thus preserving the balance between state and federal oversight of military actions.

Contention

There are notable points of contention surrounding the bill. Proponents argue it protects the rights of states to govern their own military forces and prevents the federal government from indiscriminately engaging state personnel in conflicts that may not have widespread support or justification. Critics, however, may contend that the necessity for such a declaration could hinder timely military responses in emergencies where swift action is paramount. This juxtaposition of local control versus federal oversight captures a crucial debate within the legislative discussions, highlighting the broader themes of federalism and the governance of military powers.

Companion Bills

No companion bills found.

Previously Filed As

OK SB29

Militia; establishing the Defend the Guard Act; requiring certain declaration before certain military members may be released from state control to participate in active duty combat. Effective date.

OK SB135

Militia; establishing the Defend the Guard Act; requiring certain declaration before certain military members may be released from state control to participate in active duty combat. Effective date.

OK HB564

Requires that certain congressional actions occur before members of the La. National Guard may be released from state control to participate in active duty combat (OR NO IMPACT See Note)

OK H7389

Requires an official declaration of war or an action to call forth the state militia by the United States Congress before members of the National Guard may be released from state control to participate in active duty combat.

OK H5378

Requires an official declaration of war or an action to call forth the state militia by the United States Congress before members of the National Guard may be released from state control to participate in active duty combat.

OK SB188

Oklahoma National Guard; creating the Defend the Guard Act; establishing conditions for release of Oklahoma National Guard into active duty combat. Effective date.

OK SB1334

Militia; establishing Defend the Guard Act. Effective date.

OK HB548

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

OK HB299

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

OK HB2188

Enacting the defend the guard act to prescribe when the Kansas national guard may be released from the state for active duty combat.

Similar Bills

No similar bills found.