Kansas 2025-2026 Regular Session

Kansas Senate Bill SB38 Compare Versions

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

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 38
3	3	By Committee on Federal and State Affairs
4	4	1-16
5	5	AN ACT concerning the Kansas national guard; creating the defend the
6	6	guard act; establishing when the national guard may be released into
7	7	active duty combat.
8	8	Be it enacted by the Legislature of the State of Kansas:
9	9	Section 1. (a) The provisions of this section shall be known and may
10	10	be cited as the defend the guard act.
11	11	(b) The defend the guard act follows the principles that guided the
12	12	writers of our inspired constitution, embodied in the constitution of the
13	13	United States and the writings of the founders. Article I, section 8 of the
14	14	constitution of the United States vests in the congress the exclusive power
15	15	to declare war, and article 8 of the constitution of the state of Kansas
16	16	establishes our governor as the commander in chief of the state militia
17	17	while directing the Kansas legislature to provide for organizing, equipping
18	18	and disciplining the militia. By usurping the authority of Kansas officials
19	19	and by abdicating the war powers to the executive branch, the United
20	20	States congress has failed to follow the constitution of the United States
21	21	and the intent of the founders.
22	22	(c) Notwithstanding any other provisions of law, the Kansas national
23	23	guard, or any member thereof, shall not be released from the state into
24	24	active duty combat unless the United States congress has passed an official
25	25	declaration of war or has taken an official action pursuant to article I,
26	26	section 8, clause 15 of the constitution of the United States to explicitly
27	27	call forth the Kansas national guard, or any member thereof, for the
28	28	enumerated purposes to expressly execute the laws of the union, repel an
29	29	invasion or suppress an insurrection. The governor shall take all actions
30	30	necessary to comply with the requirements of this section.
31	31	(d) Nothing in this section limits or prohibits the governor from
32	32	consenting to the deployment of any Kansas national guard member on
33	33	defense support for civil authority missions within the United States and
34	34	territories of the United States under title 32 of the United States code.
35	35	(e) For the purposes of this section:
36	36	(1) "Active duty combat" means performing the following services in
37	37	the active federal military service of the United States:
38	38	(A) Participation in an armed conflict;
39	39	(B) performance of a hazardous service relating to an armed conflict
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34
74	74	35
75	75	36 SB 38 2
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.
83	83	1
84	84	2
85	85	3
86	86	4
87	87	5
88	88	6
89	89	7