Creating the defend the guard act to establish when the Kansas national guard may be released into active duty combat.
Impact
If enacted, the Defend the Guard Act would significantly impact the deployment powers of the Kansas National Guard, effectively limiting the governor's authority regarding military engagement without congressional approval. This alignment with constitutional provisions highlights the intention of the bill to reassert state sovereignty in military matters, emphasizing a strict adherence to the procedures established by the Constitution. Consequently, it would mandate that any future activation of the National Guard for combat must align with the outlined legal criteria.
Summary
Senate Bill 38, known as the Defend the Guard Act, addresses the conditions under which the Kansas National Guard can be deployed into active duty combat. The bill operates on the constitutional premise that only the U.S. Congress has the authority to declare war, as stipulated in Article I, Section 8 of the U.S. Constitution. The legislation asserts that the National Guard may not be released from the state into active combat unless there is an official declaration of war made by Congress or specific legal action that explicitly calls forth the Guard for defined purposes such as executing federal laws or responding to insurrections.
Contention
The potential implications of SB38 have fueled discussions surrounding state versus federal authority in military deployments. Proponents of the bill argue that it protects the rights of both the National Guard members and the state of Kansas by ensuring that only Congress can initiate combat actions. However, critics may view the bill as unnecessarily restrictive or as a challenge to the flexibility needed in responding to emergent military situations. The bill could generate contention regarding the balance of power between state and federal governments, especially in matters of defense and military readiness.
Updating statutes related to the Kansas army and air national guard, providing for the appointment of a state judge advocate, providing for the adjustment of death and disability benefits and updating the Kansas code of military justice relating to certain definitions, unlawful acts and punishment requirements thereof.
Creating the constitution and federalism defense act to establish a joint legislative commission to evaluate the constitutionality of federal mandates.
Establishing an income, privilege and premium tax credit for employers that employ members of the Kansas army and air national guard and establishing an income tax credit for employees that are members thereof.
Prescribing documentation requirements to determine eligibility for any benefit derived from a service-connected disability, requiring that federal disability determinations for veterans be probative, establishing the Kansas office of veterans services, updating references and corresponding changes relating to the transfer of powers and duties from the Kansas commission on veterans affairs office to the Kansas office of veterans services, updating the veterans claims assistance program to include references to veterans affairs medical centers and cross-accreditation requirements, modifying the definition of veteran and disabled veteran, clarifying disability evaluations for benefits granted to disabled veterans and updating the definition of armed forces to include the space force.
Establishing the Kansas national guard educational master's for enhanced readiness and global excellence (EMERGE) program and the EMERGE program repayment fund and requiring school districts to establish requirements for cardiac emergency response plans.
Establishing the Kansas-Ireland trade commission to advance, promote and encourage business and other mutually beneficial activities between Kansas and Ireland and creating the Kansas-Ireland trade commission fund.
Updating certain definitions, terms, conditions and provisions related to the Kansas insurance guaranty association act and Kansas life and health insurance guaranty association act.