Land Use - Permitting - Development Rights (Maryland Housing Certainty Act)
HB0548 would limit the Governor’s authority to order the Maryland militia, including the Maryland Defense Force and National Guard, into active duty combat. Under the bill, the Governor could not send militia members into active duty combat unless Congress has formally declared war or has taken an official constitutional action to call forth the militia to execute federal law, repel an invasion, or suppress an insurrection. The bill defines “active duty combat” to include participation in armed conflict, hazardous service related to armed conflict in a foreign state, or duty through an instrumentality of war.
The bill preserves existing state authority to use the militia for state active duty and expressly states that it does not restrict deployments under Title 32 for defense support of civil authorities within the United States and U.S. territories. It also leaves intact the Governor’s current authority to activate the militia for public crises, disasters, riots, martial law, law enforcement support, and other state militia functions. The bill would take effect October 1, 2025, and would amend Section 13-702 of the Public Safety Article.
HB0548 would amend Maryland Public Safety law governing when the Governor may order the militia into service by adding a new limitation on deployments into active duty combat. It would create a statutory bar on sending the militia into combat absent a congressional declaration of war or other specified federal authorization, while preserving state active duty and Title 32 domestic support missions. The affected parties are the Governor, the Maryland Defense Force, the National Guard, and state and local law enforcement agencies that may coordinate with the militia during emergencies.
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or legislative support/opposition in the supplied materials. Based on the bill text alone, the measure appears to be framed as a restraint on executive war-making authority and a protection for state militia members from being deployed into combat without explicit federal authorization. The bill’s sponsors suggest support for a “Defend the Guard” approach, but the available record does not show broader chamber sentiment.
The main point of contention is likely the scope of the Governor’s authority versus the role of Congress in authorizing combat deployments. Supporters would favor requiring a formal declaration of war or equivalent congressional action before Maryland militia members can be sent into active duty combat, while opponents may argue the bill could constrain emergency military readiness or complicate coordination with federal defense needs. A secondary point is that the bill preserves domestic deployments under Title 32, which may reduce concerns that it would interfere with disaster response or civil support missions.