MT HB404

Montana National Guard members may not be released to federal active duty combat unless Congress has passed an official declaration of war or explicitly called forth the militia under Article I, Section 8, Clause 15 of the U.S. Constitution (to execute laws, suppress insurrections, or repel invasions)

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

The Governor is required to take any action necessary to enforce these restrictions on National Guard deployment

The bill preserves the Governor's authority to consent to federally funded missions under state control, including training, domestic emergency response, homeland defense, and counter-drug operations

Effective immediately upon passage and approval