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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1334
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
GOVERNOR'S
AUTHORITY
REGARDING
ACTIVE
DUTY
COMBAT
SERVICE
2
OF
THE
ORGANIZED
MILITIA;
PROVIDING
LEGISLATIVE
FINDINGS
AND
INTENT;
3
AMENDING
CHAPTER
23,
TITLE
67,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SEC
-
4
TION
67
-
2364,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
THE
GOVER
-
5
NOR'S
AUTHORITY
REGARDING
ACTIVE
DUTY
COMBAT
SERVICE
OF
THE
ORGANIZED
6
MILITIA;
AND
DECLARING
AN
EMERGENCY.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
LEGISLATIVE
FINDINGS
AND
INTENT.
(1)
The
Legislature
finds
9
that:
10
(a)
Clause
11,
Section
8,
Article
I
of
the
Constitution
of
the
United
1
1
States
vests
in
the
Congress
the
power
to
declare
war.
The
Legislature
12
further
recognizes
that
Clause
15,
Section
8,
Article
I
authorizes
Con
-
13
gress
to
call
forth
the
militia
to
execute
the
laws
of
the
Union,
repel
14
invasion,
and
suppress
insurrection;
15
(b)
The
Governor
serves
as
the
commander
in
chief
of
the
organized
mili
-
16
tia
of
the
State
of
Idaho
except
when
such
forces
are
lawfully
called
17
into
federal
service
pursuant
to
the
Constitution
of
the
United
States;
18
and
19
(c)
The
State
of
Idaho
retains
authority
to
prescribe
by
law
the
duties
20
and
limitations
applicable
to
state
officers
acting
under
the
Constitu
-
21
tion
of
the
State
of
Idaho
and
laws
of
this
state.
22
(2)
It
is
the
intent
of
the
Legislature
to
clarify
the
constitutional
23
conditions
under
which
the
Governor
may
authorize
entry
of
the
organized
24
militia
into
active
duty
combat
service,
consistent
with
the
allocation
of
25
powers
set
forth
in
the
Constitution
of
the
United
States.
26
SECTION
2.
That
Chapter
23,
Title
67,
Idaho
Code,
be,
and
the
same
is
27
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
28
ignated
as
Section
67
-
2364,
Idaho
Code,
and
to
read
as
follows:
29
67
-
2364.
GOVERNOR'S
AUTHORITY
REGARDING
ACTIVE
DUTY
COMBAT
SERVICE
OF
30
THE
ORGANIZED
MILITIA.
(1)
As
used
in
this
section:
31
(a)
"Active
duty
combat"
means
performing
one
of
the
following
services
32
in
the
active
federal
military
service
of
the
United
States:
33
(i)
Participation
in
an
armed
conflict;
34
(ii)
Performance
of
a
hazardous
service
relating
to
an
armed
con
-
35
flict
in
a
foreign
state;
or
36
(iii)
Performance
of
a
duty
through
an
instrumentality
of
war.
37
(b)
"Official
declaration
of
war"
means
an
official
declaration
of
war
38
made
by
the
United
States
congress
pursuant
to
clause
11,
section
8,
ar
-
39
ticle
I
of
the
constitution
of
the
United
States.
40
2
(2)
Notwithstanding
any
provision
of
law
to
the
contrary,
the
governor
1
shall
not
authorize
the
organized
militia
of
the
state
of
Idaho,
or
any
mem
-
2
ber
thereof,
to
enter
active
duty
combat
unless:
3
(a)
The
United
States
congress
has
passed
an
official
declaration
of
4
war;
or
5
(b)
The
United
States
has
taken
official
action
pursuant
to
clause
15,
6
section
8,
article
I
of
the
constitution
of
the
United
States
to
explic
-
7
itly
call
forth
the
Idaho
national
guard
and
any
member
thereof
for
the
8
enumerated
purposes
of
executing
the
laws
of
the
union,
repelling
inva
-
9
sion,
or
suppressing
insurrection.
10
(3)
The
governor
shall
take
all
actions
necessary
to
comply
with
the
re
-
1
1
quirements
of
this
section.
12
(4)
Nothing
in
this
section
shall
be
construed
to
restrict
participa
-
13
tion
in
non
-
combat
federal
service,
including
training
or
administrative
14
duty.
15
(5)
Nothing
in
this
section
shall
be
construed
to
limit
or
prohibit
the
16
governor
from
authorizing
or
maintaining
members
of
the
organized
militia
in
17
duty
status
pursuant
to
32
U.S.C.
101
et
seq.,
or
from
authorizing
defense
18
support
for
civil
authorities
missions
within
the
United
States
or
United
19
States
territories.
20
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
21
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
22
passage
and
approval.
23