Kansas SB38: Creating the defend the guard act to establish when the Kansas national guard may be released into active duty combat

What the bill says

An act concerning the Kansas national guard; creating the defend the guard act; establishing when the national guard may be released into active duty combat.

From the introduced text, January 16, 2025:

AN ACT concerning the Kansas national guard; creating the defend the guard act; establishing when the national guard may be released into active duty combat. Be it enacted by the Legislature of the State of Kansas: Section 1. (a) The provisions of this section shall be known and may be cited as the defend the guard act. (b) The defend the guard act follows the principles that guided the writers of our inspired constitution, embodied in the constitution of the United States and the writings of the founders. Article I, section 8 of the constitution of the United States vests in the congress the exclusive power to declare war, and article 8 of the constitution of the state of Kansas establishes our governor as the commander in chief of the state militia while directing the Kansas legislature to provide for organizing, equipping and disciplining the militia. By usurping the authority of Kansas officials and by abdicating the war powers to the executive branch, the United States congress has failed to follow the constitution of the United States and the intent of the founders. (c) Notwithstanding any other provisions of law, the Kansas national guard, or any member thereof, shall not be released from the state into active duty combat unless the United States congress has passed an official declaration of …

Read the full official text

Sponsors

• Carpenter, Will (R, 75) · primary sponsor
• Ken Corbet (R)

Latest actions

1. April 10, 2026: Died in Committee
2. January 17, 2025: Referred to Senate Committee on Federal and State Affairs
3. January 16, 2025: Introduced

Common questions

What is SB38?

SB38 is a bill in the Kansas Legislature (2025-2026 Regular Session): Creating the defend the guard act to establish when the Kansas national guard may be released into active duty combat.

What does SB38 do?

In its own words: An act concerning the Kansas national guard; creating the defend the guard act; establishing when the national guard may be released into active duty combat.

What is the status of SB38?

In committee as of April 10, 2026. Latest action: Died in Committee (April 10, 2026).

Who sponsored SB38?

Carpenter, Will (R, 75), with 1 co-sponsor.

Where is the official record for SB38?

On the Kansas Legislature website: https://kslegislature.gov/li/b2025_26/measures/sb38/