(The Center Square) – The Washington State Senate has passed a bill previously approved by the House of Representatives that would prohibit governors of other states from sending their National Guard into Washington without permission from the governor, a policy that has had some critics scratching their heads as to its relevance.
“There’s no reason for this bill because I believe that federal law already preamps this,” Sen. Jeff Wilson, R-Centralia, told colleagues on the Senate floor prior to the April 10 vote. “In other words, another governor is not going to send in their National Guard to another state.”
Sponsored by Rep. Sharlett Mena, D-Tacoma, Substitute House Bill 1321 contains the following provision: “No armed military force from another state, territory, or district is permitted to enter the state of Washington for the purpose of doing military duty therein, without the permission of the governor, unless such force has been called into active service of the United States, and is acting under authority of the president of the United States.”
Although some supporters argue the proposal is similar to those enacted in other states, opponents have noted that the bill language differs greatly from that legislation, also known as “Defend the Guard Act.” A proposed amendment in the House that would have copied those states’ bill language was rejected.
Although the bill references “militia” instead of National Guard, state law defines it as “the military forces provided for in the Constitution and laws of the state of Washington.”
Speaking in favor of the bill on the Senate floor, Sen. Javier Valdez, D-Seattle, said the bill “just makes it very clear, we’ll be joining other states that make it very clear that other states cannot send their National Guard into our state with either permission from our government, whoever them may be at the time, or of course if they are actually troops that are federalized.”
However, Wilson said such a scenario has never occurred in American history except during the Civil War.
“I’m certainly not predicting any civil wars … but I’m quite certain that the powers of the federal government have already protected this,” he said. “I’m going to argue again that we don’t need this. I think with today’s tensions in the United States and each state, I think the bill should be put down if [for] nothing else just to ease the tensions.”
The bill will now be sent to Gov. Bob Ferguson’s desk for signing.
