| 1 | 1 | | |
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| 2 | 2 | | HOUSE BILL 129 |
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| 3 | 3 | | By Reneau |
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| 4 | 4 | | |
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| 5 | 5 | | SENATE BILL 156 |
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| 6 | 6 | | By Hensley |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | SB0156 |
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| 10 | 10 | | 001129 |
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| 11 | 11 | | - 1 - |
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| 12 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 58, |
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| 13 | 13 | | Chapter 1, relative to the military. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 16 | 16 | | SECTION 1. Tennessee Code Annotated, Title 58, Chapter 1, Part 1, is amended by |
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| 17 | 17 | | adding the following as a new section: |
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| 18 | 18 | | (a) As used in this section: |
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| 19 | 19 | | (1) "Active duty combat" means performing the following services in the |
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| 20 | 20 | | active federal military service of the United States: |
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| 21 | 21 | | (A) Participation in an armed conflict; |
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| 22 | 22 | | (B) Performance of a hazardous service relating to an armed |
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| 23 | 23 | | conflict in a foreign state; or |
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| 24 | 24 | | (C) Performance of a duty through an instrumentality of war; and |
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| 25 | 25 | | (2) "Official declaration of war" means an official declaration of war made |
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| 26 | 26 | | by the United States congress pursuant to the United States Constitution, Article |
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| 27 | 27 | | I, § 8, Clause 11. |
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| 28 | 28 | | (b) The Tennessee national guard or a member of the national guard must not |
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| 29 | 29 | | be released from military service of this state into active duty combat unless the United |
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| 30 | 30 | | States congress has passed an official declaration of war or has taken an official action |
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| 31 | 31 | | pursuant to the United States Constitution, Article I, § 8, Clause 15, to explicitly call forth |
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| 32 | 32 | | the Tennessee national guard or a member of the national guard for the enumerated |
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| 33 | 33 | | purposes of executing the laws of the union, repelling an invasion, or suppressing an |
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| 34 | 34 | | insurrection. The governor shall take all actions necessary to comply with this section. |
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| 35 | 35 | | |
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| 36 | 36 | | |
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| 37 | 37 | | - 2 - 001129 |
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| 38 | 38 | | |
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| 39 | 39 | | (c) This section does not limit or prohibit the governor from consenting to the |
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| 40 | 40 | | deployment of a Tennessee national guard member under title 32 U.S.C., defense |
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| 41 | 41 | | support for civil authority missions within the United States and United States territories. |
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| 42 | 42 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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