KS HB2188

Kansas National Guard members cannot be released from state control into active duty combat unless Congress has formally declared war or explicitly called forth the Guard under Article I, Section 8, Clause 15 of the U.S. Constitution to execute federal laws, repel an invasion, or suppress an insurrection.

"Active duty combat" is defined as participation in armed conflict, performance of hazardous service related to armed conflict in a foreign state, or performance of duty through an instrumentality of war.

The Governor retains authority to consent to Guard deployments for defense support of civil authority missions within the United States and its territories under Title 32 of the U.S. Code.

The Governor is required to take all actions necessary to comply with these restrictions on National Guard deployment.

The act takes effect upon publication in the Kansas statute book.