Kansas 2025-2026 Regular Session

Kansas House Bill HB2188 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2188
3	3	By Committee on Federal and State Affairs
4	4	Requested by Representative Fairchild
5	5	1-31
6	6	AN ACT concerning the Kansas national guard; enacting the defend the
7	7	guard act; prescribing when the national guard may be released into
8	8	active duty combat.
9	9	Be it enacted by the Legislature of the State of Kansas:
10	10	Section 1. (a) The provisions of this section shall be known and may
11	11	be cited as the defend the guard act.
12	12	(b) The defend the guard act follows the principles that guided the
13	13	writers of our inspired constitution, embodied in the constitution of the
14	14	United States and the writings of the founders. Article I, section 8 of the
15	15	constitution of the United States vests in the congress the exclusive power
16	16	to declare war, and article 8 of the constitution of the state of Kansas
17	17	establishes our governor as the commander in chief of the state militia
18	18	while directing the Kansas legislature to provide for organizing, equipping
19	19	and disciplining the militia. By usurping the authority of Kansas officials
20	20	and by abdicating the war powers to the executive branch, the United
21	21	States congress has failed to follow the constitution of the United States
22	22	and the intent of the founders.
23	23	(c) Notwithstanding any other provisions of law, the Kansas national
24	24	guard, or any member thereof, shall not be released from the state into
25	25	active duty combat unless the United States congress has passed an official
26	26	declaration of war or has taken an official action pursuant to article I,
27	27	section 8, clause 15 of the constitution of the United States to explicitly
28	28	call forth the Kansas national guard, or any member thereof, for the
29	29	enumerated purposes to expressly execute the laws of the union, repel an
30	30	invasion or suppress an insurrection. The governor shall take all actions
31	31	necessary to comply with the requirements of this act.
32	32	(d) Nothing in this section limits or prohibits the governor from
33	33	consenting to the deployment of any Kansas national guard member on
34	34	defense support for civil authority missions within the United States and
35	35	territories of the United States under title 32 of the United States code.
36	36	(e) For the purposes of this section:
37	37	(1) "Active duty combat" means performing the following services in
38	38	the active federal military service of the United States:
39	39	(A) Participation in an armed conflict;
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74	74	35 HB 2188 2
75	75	(B) performance of a hazardous service relating to an armed conflict
76	76	in a foreign state; or
77	77	(C) performance of a duty through an instrumentality of war.
78	78	(2) "Official declaration of war" means an official declaration of war
79	79	made by the United States congress pursuant to article I, section 8, clause
80	80	11 of the constitution of the United States.
81	81	Sec. 2. This act shall take effect and be in force from and after its
82	82	publication in the statute book.
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