TOPEKA — A measure to limit when the Kansas National Guard can go into active duty and prevent the guard from being subject to COVID-19 vaccine mandates drew disagreement Monday about its legality and the message taking such action would send.
Senate Bill 370, known as the Defend the Guard Act, would prevent the state National Guard from leaving the state for active duty unless Congress has passed an official declaration of war or they are needed for disaster response. The bill also exempts any guard members from COVID-19 vaccine requirements or potential discipline.
Supporters of the bill told legislators on the Senate Federal and State Affairs Committee, led by Sen. Robert Olson, R-Olathe, that National Guard members are unfairly asked to fight in endless armed conflicts despite there being no declaration of war since 1942.
“When Congress declares war, it changes the state of our nation, and it becomes the law,” said Sgt. Dan McKnight, of the Defend the Guard movement. “The National Guard can and should be on the tip of the spear. They should be activated into federal service to fight and win and then come home. Without a declaration of war, though that last part never seems to happen.”
Lawmakers in more than 30 states have introduced similar legislation, but the act has yet to pass anywhere. If the Legislature approves the measure under consideration, Kansas would become the first state to pass this type of law.
While the fiscal note indicated no budgetary impact, a representative of the Kansas Adjutant General’s Department said the effect on future funding and message it would send to the federal government is concerning.
Maj. Kari Beth Neuhold told legislators that the Kansas National Guard’s dual membership in the National Guard of the United States has allowed the federal government to provide 99% of its annual budget.
“If passed, this legislation could signal to the Pentagon and to the Department of Defense an unwillingness to uphold our sworn federal obligation,” Neuhold said. “Without a federal mission, there’s little incentive for the federal government to continue funding the Kansas National Guard, and this could result in the removal of federal units, jobs and equipment.”
Neuhold said a loss of federal funding would have a dire ramifications for troops and Kansas. For example, the Kansas National Guard fought the wildfires in western Kansas last month with the federally owned aircraft, in high demand across the National Guard, which would be relocated to another state if Kansas had no federal mission.
Lauren Shiffman focused instead on the COVID-19 portion of the bill. She repeated the argument that denying the COVID-19 vaccine mandates was a matter of personal freedom.
“If we cannot protect our troops from this medical tyranny and this forced medical procedures, then they absolutely have no reason to fight for us,” Shiffman said.
The Kansas Department of Health and Environment reported 7,846 new COVID-19 cases and 14 new deaths since Wednesday.
Sen. Jeff Longbine, R-Emporia, echoed concerns about the poor message this act would send to the Department of Defense. He reaffirmed his opposition to vaccine mandates but was dubious this bill would accomplish what proponents desired.
“The commander in chief of the military has decided that that is currently being litigated in federal court, and Kansas passing a law is not going to supersede federal action in a federal court,” Longbine said. “It’s unfortunate that that mandate has come down, but this bill will do absolutely nothing for that.”
