South Carolina H 3308: Smoking in car

Bill Text

2025-2026 Bill 3308 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3308

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"DEFEND THE GUARD ACT" BY ADDING SECTION 25-1-1930 SO AS TO PROVIDE THAT THE 
SOUTH CAROLINA NATIONAL GUARD MAY NOT BE RELEASED FROM THE STATE INTO ACTIVE-DUTY 
COMBAT UNLESS THE UNITED STATES CONGRESS HAS TAKEN CERTAIN ACTIONS.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Defend the Guard Act."

SECTION 2. Article 15, Chapter 1, Title 25 of the S.C. Code is 
amended by adding:

 Section 
25-1-1930. (A) For purposes of this 
section:

 (1) 
"Active-duty combat" means performing the following services in the active 
federal military service of the United States:

 (a) 
participation in an armed conflict;

 (b) 
performance of a hazardous service relating to an armed conflict in a foreign 
state; or

 (c) 
performance of a duty through an instrumentality of war.

 (2) 
"Official declaration of war" means an official declaration of war made by the 
United States Congress pursuant to Clause 11, Section 8, Article I, of the 
United States Constitution.

 (B) 
Notwithstanding any other provisions of law, the South Carolina National Guard 
and any member thereof may not be released from the State into active duty 
combat unless the United States Congress has passed an official declaration of 
war or has taken an official action pursuant to Clause 15, Section 8, Article 
I, of the United States Constitution to explicitly call forth the South 
Carolina National Guard and any member thereof for the enumerated purposes to 
expressly 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.

 (C) 
Nothing in the section limits or prohibits the Governor from consenting to the 
deployment of any South Carolina National Guard member for civil authority 
missions within the United States and United States territories.

SECTION 3. This act takes effect upon approval 
by the Governor.

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