national guard; active duty; requirements

Plain English Breakdown

Checked against official source text during the last sync.

SB1047: Rules for Sending Arizona National Guard into Active Duty Combat

This law stops the Arizona National Guard from being sent to active duty combat unless Congress declares war or takes specific official action.

What This Bill Does

• Prohibits releasing the Arizona National Guard from the state for active duty combat without a U.S. Congressional declaration of war.
• Allows release only if Congress explicitly calls forth the guard to execute laws, repel invasions, or suppress insurrections under Article I, Section 8, Clause 15 of the Constitution.
• Requires the Governor to take all necessary actions to follow these new rules.
• Defines active duty combat as participating in armed conflict, performing duties through instruments of war, or doing hazardous service related to foreign conflicts.

Who It Names or Affects

• The National Guard of Arizona
• The Governor of Arizona

Terms To Know

Active duty combat

Participating in armed conflict, performing duties through instruments of war, or doing hazardous service related to a foreign conflict while serving the U.S. military.

Official declaration of war

A formal statement declaring war made by the U.S. Congress under Article I, Section 8, Clause 11 of the Constitution.

Limits and Unknowns

• The bill becomes effective on the general effective date.
• The law applies only to active duty combat and may not cover other types of federal service for National Guard members.

Official Summary Text

SB1047 - 572R - Senate Fact Sheet

Assigned to
MABS���������������������������������������������������������������������������������������������������������������� FOR
COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1047

national guard; active duty; requirements

Purpose

Prohibits the National Guard of Arizona from being released from Arizona
into active duty combat without an official action by or declaration of war
from the U.S. Congress.

Background

The U.S. Congress has the power to call forth
the U.S. Armed Forces to execute the laws of the union, suppress insurrections
and repel invasions (
U.S.
Const. art.1, � 8, cl. 15
). The states, and the U.S. Congress, may
prescribe penalties for failing to obey the U.S. President�s call of the U.S.
Armed Forces, has the concurrent power to aid the federal government by calls
under the U.S. Congress and the state's own authority and in emergencies may
use the U.S. Armed Forces to put down an armed insurrection according to
Houston
v. Moore
, 18 U.S. 1 (1820).

When the Governor proclaims an emergency, or deems it necessary to
protect lives or property, the Governor may mobilize all or any part of the
National Guard of Arizona into the service of the state. The Adjutant General
of Arizona must issue orders for mobilization, appoint troop commanders and act
as chief of staff to the Governor. If the U.S. President directs the
mobilization of the National Guard of Arizona into the U.S. Armed Forces, the
Adjutant General of Arizona must effect the mobilization and the Guard must
pass to federal control and may not be subject to military laws of the state
until the time it reverts to state control (
A.R.S.
� 26-172
).

����������� There
is no anticipated fiscal impact to the state General Fund associated with this
legislation.

Provisions

1.

Prohibits the National Guard of Arizona from being released from Arizona
into active duty combat unless U.S. Congress has:

a)

passed
an official declaration of war; or

b)

taken an official action to explicitly call forth the National Guard of
Arizona for the enumerated purposes of executing the laws of the union,
repelling an invasion or suppressing an insurrection.

2.

Requires
the Governor to take all actions necessary to comply with the requirements of
the prohibition.

3.

Defines
active duty combat
as doing any of the following in the
active military service of the United States:

a)

participating
in an armed conflict;

b)

performing
a duty through an instrumentality of war; or

c)

performing
a hazardous service relating to an armed conflict in a foreign state.

4.

Defines an
official declaration of war
as an official declaration
of war made by U.S. Congress as prescribed.

5.

Becomes effective on the general effective date.

Prepared by Senate Research

February 12, 2026

KJA/ci

Current Bill Text

SB1047 - 572R - I Ver

PREFILED��� DEC 19 2025

REFERENCE TITLE:
national guard; active duty; requirements

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1047

Introduced by

Senator
Rogers

AN
ACT

amending title 26, chapter 1, article 3,
Arizona Revised Statutes, by adding section 26-164; relating to the
national guard.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 26, chapter 1, article 3,
Arizona Revised Statutes, is amended by adding section 26-164, to read:

START_STATUTE
26-164.

Active duty combat; requirements; definitions

A. Notwithstanding any other law, the
national guard of Arizona may not be released from this state into active duty
combat unless the United States congress has passed an official declaration of
war or has taken an official action pursuant to Article I, Section 8, Clause
15, Constitution of the United States, to explicitly call forth the national
guard of Arizona for the enumerated purposes of executing the laws of the
union, REPELLING an invasion or suppressing an insurrection. The governor shall
take all actions necessary to comply with the requirements of this section.

B. For the purposes of this section:

1. "Active duty combat"
means doing any of the following in the ACTIVE military service of the United
States:

(
a
) Participating
in an armed conflict.

(
b
) Performing
a hazardous service relating to an armed conflict in a foreign state.

(
c
) Performing
a duty through an instrumentality of war.

2. "Official declaration of
war" means an official declaration of war made by the United States
congress pursuant to ARTICLE I, Section 8, clause 11, Constitution of the
United States.
END_STATUTE