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HB81 • 2026

AN ACT relating to the Kentucky National Guard.

AN ACT relating to the Kentucky National Guard.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
T. Roberts
Last action
2026-01-14
Official status
01/14/26: to Veterans, Military Affairs, & Public Protection (H)
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

AN ACT relating to the Kentucky National Guard.

AN ACT relating to the Kentucky National Guard.

What This Bill Does

  • AN ACT relating to the Kentucky National Guard.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-01-14 Kentucky Legislative Research Commission

    to Veterans, Military Affairs, & Public Protection (H)

  2. 2026-01-07 Kentucky Legislative Research Commission

    introduced in House to Committee on Committees (H)

Official Summary Text

AN ACT relating to the Kentucky National Guard.

Current Bill Text

Read the full stored bill text
UNOFFICIAL COPY 26 RS BR 1259
Page 1 of 2
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AN ACT relating to the Kentucky National Guard. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 38 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Active duty combat" means performing the following services in the active 6
federal military of the United States: 7
1. Participation in an armed conflict; 8
2. Performance of a hazardous service relating to an armed conflict in a 9
foreign state; or 10
3. Performance of a duty through an instrumentality of war; and 11
(b) "Official declaration of war" means a declaration of war by the United 12
States Congress pursuant to Article 1, Section 8, Clause 11 of the 13
Constitution of the United States. 14
(2) Notwithstanding any other provision of law to the contrary, the Kentucky 15
National Guard and any member of the Kentucky National Guard shall not be 16
released from the state into active duty combat unless the federal government has 17
satisfied any outstanding balance to the Kentucky National Guard and the United 18
States Congress has: 19
(a) Passed an official declaration of war; or 20
(b) Taken official action pursuant to Article 1, Section 8, Clause 15 of the 21
Constitution of the United States to explicitly call forth the Kentucky 22
National Guard and any member of the Kentucky National Guard for 23
enumerated purposes to expressly execute the laws of the Commonwealth, 24
repel invasion, or suppress insurrection. 25
(3) Nothing in this section limits or prohibits the Governor from consenting to the 26
deployment of any Kentucky National Guard member as set fort h in Title 32 of 27
UNOFFICIAL COPY 26 RS BR 1259
Page 2 of 2
XXXX 11/24/2025 12:06 PM Jacketed
the United States Code for defense in support of: 1
(a) Civil authority missions within the United States or its territories; or 2
(b) Border protection, for not more than thirty (30) days, when the governor of 3
a state or territory has declared an invasion. 4
Section 2. This Act may be cited as the Defend the Guard Act. 5