KY HB81

Kentucky National Guard members cannot be released into active duty combat unless Congress has passed an official declaration of war or explicitly called forth the Guard under Article 1, Section 8, Clause 15 of the Constitution to execute laws, repel invasion, or suppress insurrection

Federal government must satisfy any outstanding balance owed to the Kentucky National Guard before members can be deployed to active duty combat

"Active duty combat" is defined as participation in armed conflict, hazardous service relating to armed conflict in a foreign state, or duty through an instrumentality of war

Governor retains authority to consent to Guard deployments under Title 32 for civil authority missions within the U.S. or border protection for up to 30 days when a state governor has declared an invasion

Creates a new section of KRS Chapter 38 and may be cited as the "Defend the Guard Act"