HB 5352

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Introduced Version
« House Bill 5352 History
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Key: Green = existing Code. Red = new code to be enacted
WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
Introduced
House Bill 5352
By Delegates Anders, Dillon, and Masters
[Introduced February 09, 2026; referred to the Committee on Government Organization then the Judiciary]
A BILL to amend and reenact §15-1B-1 of the Code of West Virginia, 1931, as amended, relating to prohibiting the deployment of the National Guard by the Governor to another country for combat without a Congressional declaration of war.
Be it enacted by the Legislature of West Virginia:
		ARTICLE 1B. NATIONAL GUARD.
		§15-1B-1. Organization of the National Guard.
(a) The National Guard shall be organized, equipped, disciplined, governed, administered and trained in accordance with the laws and regulations of the federal government for the purpose of organization and governance of the same, and for that purpose, the Governor is authorized to organize, reorganize or disband any unit, headquarters or staff therein, to increase or decrease the number of officers and noncommissioned officers and the strength of the National Guard or any unit thereof: Provided, however, That the Governor shall not be required to consent to the organization of any forces required or withdrawal of units organized in the state unless he or she deems the same in the best interest of the state. The Governor, in case of war, insurrection, invasion or imminent danger thereof, shall have the power to may increase the National Guard and organize additional units thereof, though the same are not authorized or provided for by federal laws or regulations.
(b)  Notwithstanding any other provision of this code, the Governor may not deploy the National Guard to another country for combat without a Congressional declaration of war. The Governor may deploy the National Guard to other states in the United States.
NOTE: The purpose of this bill is to prohibit the deployment of the National Guard by the Governor to another country for combat without a Congressional declaration of war.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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