HB1729 • 2026

Establishes the "Defend the Guard Act"

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Costlow, Mike (108)
Last action: 2026-05-15
Official status: 05/15/2026 - Referred: Emerging Issues(H)
Effective date: Varies

Plain English Breakdown

The official source material did not provide specific details about the deployment of Missouri National Guard members for non-combat missions, so this claim was removed.

Defend the Guard Act

This law sets rules for when Missouri National Guard members can be sent into combat situations.

What This Bill Does

Creates a new section in Missouri's laws called the 'Defend the Guard Act'.
Defines what 'active duty combat' means, including being part of an armed conflict or doing dangerous work in another country.
Requires that Congress must declare war before sending Missouri National Guard members into active duty combat.

Who It Names or Affects

Missouri National Guard and its members
The Governor of Missouri

Terms To Know

Active duty combat: Performing services in the active federal military service of the United States, including participation in an armed conflict or performance of a hazardous service in a foreign state.
Official declaration of war: An official declaration of war made by the United States Congress under Article I, Section 8, Clause 11 of the Constitution of the United States.

Limits and Unknowns

The law will only take effect after at least ten other states pass similar laws.

Bill History

2026-05-15 Missouri House of Representatives and Missouri Senate
Referred: Emerging Issues(H)
2026-01-08 Missouri House of Representatives and Missouri Senate
Read Second Time (H)
2026-01-07 Missouri House of Representatives and Missouri Senate
Read First Time (H)
2025-12-01 Missouri House of Representatives and Missouri Senate
Prefiled (H)

Official Summary Text

Establishes the "Defend the Guard Act"

Current Bill Text

Read the full stored bill text

SECOND REGULAR SESSION
HOUSE BILL NO. 1729
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COSTLOW .
3989H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 41, RSMo, by adding thereto one new section relating to the Missouri
National Guard, with a contingent ef fective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 41, RSMo, is amended by adding thereto one new section, to be
2 known as section 41.037, to read as follows:
41.037. 1. This section shall be known and may be cited as the "Defend the
2 Guard Act".
3 2. As used in this section, the following terms mean:
4 (1) "Active duty combat", performing the following services in the active federal
5 military service of the United States:
6 (a) Participation in an armed conflict;
7 (b) Performance of a hazardous service in a for eign state; or
8 (c) Performance of a duty thr ough an instrumentality of war;
9 (2) "Official declaration of war", an official declaration of war made by the
10 United States Congr ess under Article I, Section 8, Clause 1 1 of the Constitution of the
11 United States.
12 3. Notwithstanding any other pr ovision of law , the Missouri National Guard and
13 any member ther eof shall not be re leased fr om the state into active duty combat unless
14 the United States Congr ess has passed an official declaration of war to explicitly call
15 forth the Missouri National Guard. The governor shall take all actions necessary to
16 comply with the r equir ements of this section.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 4. Nothing in this section limits or proh ibits the governor fr om consenting to the
18 deployment of any Missouri National Guard member under T itle 32 of the United States
19 Code.
Section B. Section A of this act shall be effective on January first of the year
2 following the notice to the revisor of statutes that at least ten other states have enacted
3 legislation with provisions similar to the provisions of this act.
✔
HB 1729 2