Committee hears bill to let National Guard use state active duty for staffing; members seek tighter language

The Joint Committee on Military and Veterans Affairs took public testimony on HB 1515, a bill to expand when the Arkansas National Guard may place service members on state active duty outside declared emergencies to address specific staffing needs.

Representative Painter introduced the bill and called Colonel Jeff Wood of the Arkansas Department of the Military to explain the measure. “This bill allows more flexibility for state active duty like other states while keeping it voluntary and having governor oversight,” Colonel Wood told the committee, saying the change is intended to “enable the guard to put someone on state active duty to fill that role” when particular skills are needed due to a vacancy or shortfall.

Supporters framed the bill as a code “clean up” that would clarify that service members may be placed on state active duty for non‑emergency staffing and for matters tied to military justice. Committee discussion focused on several recurring concerns: the bill’s use of broad phrases such as “all or any part of the organized militia” and “including without limitation,” whether approval should require both the governor and the adjutant general (the sponsor said the adjutant general and commanding general are the same person in practice), and whether terms like “critical staffing shortage” should be defined in statute to limit future interpretation.

Senators and representatives pressed for precise safeguards. One member asked whether federal and state employment protections such as USERRA would apply; Colonel Wood said Arkansas already provides generous day‑one protections and “they would absolutely get that. And they would get it on day 1.” Another member suggested replacing ambiguous phrasing with an explicit list of military‑justice activities (for example, depositions, trial attendance, confinement) rather than “without limitation.”

Committee members indicated they want amendments to tighten approval thresholds and narrow the scope before proceeding. Representative Painter said he would prepare amendments to address the committee’s concerns; no committee vote was taken on the bill at this meeting.