2023 -- H 6279  | |
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LC002740  | |
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STATE OF RHODE ISLAND  | |
IN GENERAL ASSEMBLY  | |
JANUARY SESSION, A.D. 2023  | |
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A N A C T  | |
RELATING TO MILITARY AFFAIRS AND DEFENSE -- ORGANIZATION AND  | |
COMMAND OF MILITARY AND NAVAL FORCES  | |
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Introduced By: Representatives Place, Morales, and Newberry  | |
Date Introduced: April 07, 2023  | |
Referred To: House State Government & Elections  | |
It is enacted by the General Assembly as follows:  | |
1  | SECTION 1. Chapter 30-2 of the General Laws entitled "Organization and Command of  | 
2  | Military and Naval Forces" is hereby amended by adding thereto the following section:  | 
3  | 30-2-10.1. Official declaration of war required to deploy.  | 
4  | Notwithstanding any other provision of the general laws, the Rhode Island National Guard  | 
5  | and any member thereof shall not be released from the state into active duty combat unless the  | 
6  | United States Congress has passed an official declaration of war pursuant to Article 1, Section 8,  | 
7  | Clause 11 of the United States Constitution or has taken an official action pursuant to Article I,  | 
8  | section 8, Clause 15 of the United States Constitution to explicitly call forth the Rhode Island  | 
9  | National Guard and any member thereof for the enumerated purposes to expressly execute the laws  | 
10  | of the union, repel an invasion or suppress an insurrection. The governor shall take all actions  | 
11  | necessary to comply with the requirements of this section.  | 
12  | SECTION 2. This act shall take effect upon passage.  | 
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LC002740  | |
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EXPLANATION  | |
BY THE LEGISLATIVE COUNCIL  | |
OF  | |
A N A C T  | |
RELATING TO MILITARY AFFAIRS AND DEFENSE -- ORGANIZATION AND  | |
COMMAND OF MILITARY AND NAVAL FORCES  | |
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1  | This act would require an official declaration of war or an action to call forth the state  | 
2  | militia by the United States Congress pursuant to Article 1, Section 8, Clauses 11 and 15 of the  | 
3  | United States Constitution before members of the National Guard may be released from state  | 
4  | control to participate in active duty combat.  | 
5  | This act would take effect upon passage.  | 
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