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UNOFFICIAL COPY 26 RS BR 1259
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AN ACT relating to the Kentucky National Guard. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 38 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Active duty combat" means performing the following services in the active 6
federal military of the United States: 7
1. Participation in an armed conflict; 8
2. Performance of a hazardous service relating to an armed conflict in a 9
foreign state; or 10
3. Performance of a duty through an instrumentality of war; and 11
(b) "Official declaration of war" means a declaration of war by the United 12
States Congress pursuant to Article 1, Section 8, Clause 11 of the 13
Constitution of the United States. 14
(2) Notwithstanding any other provision of law to the contrary, the Kentucky 15
National Guard and any member of the Kentucky National Guard shall not be 16
released from the state into active duty combat unless the federal government has 17
satisfied any outstanding balance to the Kentucky National Guard and the United 18
States Congress has: 19
(a) Passed an official declaration of war; or 20
(b) Taken official action pursuant to Article 1, Section 8, Clause 15 of the 21
Constitution of the United States to explicitly call forth the Kentucky 22
National Guard and any member of the Kentucky National Guard for 23
enumerated purposes to expressly execute the laws of the Commonwealth, 24
repel invasion, or suppress insurrection. 25
(3) Nothing in this section limits or prohibits the Governor from consenting to the 26
deployment of any Kentucky National Guard member as set fort h in Title 32 of 27
UNOFFICIAL COPY 26 RS BR 1259
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the United States Code for defense in support of: 1
(a) Civil authority missions within the United States or its territories; or 2
(b) Border protection, for not more than thirty (30) days, when the governor of 3
a state or territory has declared an invasion. 4
Section 2. This Act may be cited as the Defend the Guard Act. 5