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

     

     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:

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     SECTION 1. Chapter 30-2 of the General Laws entitled "Organization and Command of

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Military and Naval Forces" is hereby amended by adding thereto the following section:

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     30-2-10.1. Official declaration of war required to deploy.

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     Notwithstanding any other provision of the general laws, the Rhode Island National Guard

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and any member thereof shall not be released from the state into active duty combat unless the

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United States Congress has passed an official declaration of war pursuant to Article 1, Section 8,

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Clause 11 of the United States Constitution or has taken an official action pursuant to Article I,

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section 8, Clause 15 of the United States Constitution to explicitly call forth the Rhode Island

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National Guard and any member thereof for the enumerated purposes to expressly execute the laws

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of the union, repel an invasion or suppress an insurrection. The governor shall take all actions

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necessary to comply with the requirements of this section.

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     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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     This act would require an official declaration of war or an action to call forth the state

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militia by the United States Congress pursuant to Article 1, Section 8, Clauses 11 and 15 of the

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United States Constitution before members of the National Guard may be released from state

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control to participate in active duty combat.

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     This act would take effect upon passage.

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