National Guard. The National Guard is a state-based military force with units in each state, the District of Columbia (D.C.), and the territories of Guam, the U.S. Virgin Islands, and Puerto Rico.  The National Guard is a component of the Armed Forces Reserve within the Department of Defense, and is subject to training, manning, and resourcing requirements of the respective service secretaries and the deployment authority of the Secretary of Defense. Unless called into federal service, the National Guard of each state or territory is under the control of the state or territory's governor.  The D.C. National Guard is under the sole control of the federal government.

The National Guard may operate in one of three different statuses:

• State Active Duty. A Governor can activate National Guard personnel to State Active Duty in response to natural disasters, civil unrest, or requests for assistance. State Active Duty status constitutes state employment in which service members are subject to state law and operate under the command and control of the Governor;

• Title 10 of the United States Code. Under Title 10 of the U.S. Code (U.S.C.), the President is permitted to order the National Guard into federal service, commonly called federalized, to repel a foreign invasion, suppress a domestic rebellion against the U.S. government, or execute the laws of the U.S. Title 10 National Guard forces temporarily become part of the federal armed forces of the U.S. and operate under the command and control of the President until returned to state status; and

• Title 32 of the United States Code. Title 32 U.S.C. authorizes the National Guard to perform certain federal activities at the request or approval of the President or Secretary of Defense.  Activities are paid with federal funds, but the National Guard remains under the command and control of the state or territory's Governor. Title 32 status may include homeland defense, support of civil authorities such as the Federal Emergency Management Agency, or certain training activities.  

Interstate Compacts. The Washington Military Department is a member of three multi-state compacts: the Emergency Management Assistance Compact (EMAC), the Pacific Northwest Emergency Management Arrangement (PNEMA), and the National Guard Mutual Assistance Counter-Drug Activities Compact (MACDAC). These compacts serve as the permissive authority for resource sharing during emergencies.

• EMAC is a national interstate mutual aid compact that facilitates the sharing of resources, personnel, and equipment across state lines during times of disaster and emergency.  Membership of EMAC includes all 50 states, Guam, the U.S. Virgin Islands, Puerto Rico, and D.C.  Assistance under EMAC occurs only upon request by a state;

• PNEMA is an interjurisdictional agreement authorizing entities to provide mutual assistance and share resources for cooperative activities across jurisdictional lines.  The membership of PNEMA includes Washington, Oregon, Idaho, Alaska, the Province of British Columbia, and the Yukon Territory.  Assistance under PNEMA occurs only upon request by a state.  To receive assistance under the EMAC, the Governor must issue a proclamation; and

• MACDAC is a national interstate mutual aid compact authorizing the use of Washington National Guard troops to provide mutual assistance in support of drug interdiction, counter-drug, and demand reduction activities in the following member states: Alabama, Florida, Louisiana, Minnesota, Mississippi, North Dakota, South Carolina, South Dakota, Virginia, and Wyoming. Assistance under MACDAC occurs only upon request by a state.  If deployed under the compact, troops are placed under the temporary operational control of the authority of the requesting state, but the Governor of each member state retains discretion on when to deploy or recall its own troops.

Authorized Training with Other Military Units. State law authorizes the Governor, through the Adjutant General, to establish rules for the training of the Washington National Guard, including participation in training exercises and events with National Guard units in other states.

States Prohibiting Entry to Out-of-State Military Forces. At least seven states have statutes prohibiting the entry of out-of-state military forces without the permission of the state or unless acting under the authority of the U.S.: Idaho, Kansas, North Dakota, Oklahoma, Rhode Island, South Carolina, and Texas.

Prohibiting Entry to Out-of-State Military Forces. A military force from another state, territory, or district, may not enter Washington for the purpose of military duty unless the military force has permission from the Governor or is acting under the authority of the President.

PRO: This bill is about protecting state autonomy by preventing other states from sending their military into Washington without the Governor's permission. It does not apply to federalized National Guard units, nor does it prevent readiness training or emergency management actions. Other states have similar prohibitions, and this bill is patterned on an Idaho statute.

CON: What problem is this bill trying to fix? The bill unconstitutionally infringes on the right of citizen militias and the U.S. 14th Amendment right to travel.  The Governor should not have the power granted in the bill.