As Introduced

136th General Assembly

Regular Session H. B. No. 771

2025-2026

Representatives White, E., Somani

Cosponsors: Representatives Synenberg, Brent, Piccolantonio

To amend section 5919.29 and to enact section 5925.01 of the Revised Code to modify the Governor's responsibilities and authority regarding the Ohio National Guard and certain deployments of National Guard units in the state.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 5919.29 be amended and section 5925.01 of the Revised Code be enacted to read as follows:

Sec. 5919.29. (A)(A)(1) The governor as commander in chief may order individuals and units of the Ohio national guard to perform any training or duty authorized under the "Act of August 10, 1956," 70A Stat. 596, 32 U.S.C.A. 101 to 716, and under regulations prescribed by the president of the United States, the secretary of defense, the secretary of the army, the secretary of the air force, or the chief of the national guard bureau.

(2) Within seven calendar days after receipt by the governor of a request made by the president of the United States or secretary of defense pursuant to 32 U.S.C. 502(f)(2)(A), the governor shall accept or refuse the request and notify the public of the governor's acceptance or refusal by publication on the governor's official state web site, each official state social media account operated by the governor, and at least two newspapers of general circulation or the web sites of two such newspapers.

(B) When ordered by the governor to perform training or duty under this section or section 5923.12 of the Revised Code, members of the Ohio national guard shall have the protections afforded to persons on federal active duty by the "Service Members Civil Relief Act," Pub. L. No. 108-189, 50 App. U.S.C.A. 501-596, and by the "Uniformed Services Employment and Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4301 to 4333.

Sec. 5925.01. The governor, acting as commander in chief, may establish conditions under which the national guard of a state other than this state, that has not been federalized under Title 10 of the United States Code, may be permitted to operate within the borders of this state. Such national guard units are not permitted to operate in this state absent the prior written authorization of the governor.

Section 2. That existing section 5919.29 of the Revised Code is hereby repealed.