An Act to require an official declaration of war before the National Guard may be deployed overseas.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

33-3-3.1. Release of units--Declaration of war--Other official action.

The South Dakota National Guard and any member thereof may not be released from the state into active duty combat unless the United States Congress has made an official declaration of war or has taken an official action pursuant to Article I, § 8, Clause 15 of the United States Constitution, to explicitly call forth the South Dakota National Guard and any member thereof for the enumerated purposes to execute the laws of the Union, repel an invasion, or suppress an insurrection. The Governor shall take all actions necessary to comply with the requirements of this section. Active duty combat, as used in this section, means:

(1) Participation in an armed conflict;

(2) Performance of a hazardous service related to an armed conflict in a foreign nation; or

(3) Performance of a duty through an instrumentality of war.

Nothing in this section limits or prohibits the Governor from consenting to the deployment of any South Dakota national guard member for defense support to civil authority missions within the United States and United States territories as authorized under title 32 of the United States Code.