Division of the Budget
Landon State Office Building
Phone: (785) 296-2436
900 SW Jackson Street, Room 504
Topeka, KS 66612
http://budget.kansas.gov
Adam C. Proffitt, Director
Laura Kelly, Governor
Division of the Budget
February 3, 2025
The Honorable Mike Thompson, Chairperson
House Committee on Veterans and Military
300 SW 10th Avenue, Room 281-N
Topeka, Kansas 66612
Dear Representative Thompson:
SUBJECT:
Fiscal Note for HB 2188 by House Committee on Federal and State Affairs
In accordance with KSA 75-3715a, the following fiscal note concerning HB 2188 is
respectfully submitted to your committee.
HB 2188 would create the Defend the Guard Act. Any member of the Kansas National
Guard would not be released from the state into active-duty combat unless the United States
Congress has passed an official declaration of war or has taken official action to activate members
of the Kansas National Guard. The Governor would be required to take actions necessary to
comply with the Act. The bill would not limit or prohibit the Governor from consenting to
deployment of Kansas National Guard members for defense support of civil authority missions.
The Adjutant General’s Department states that if the state’s National Guard becomes
unavailable for federal missions, then that state would lose federal funding to organize, train, and
equip its National Guard force. Kansas’s average annual federal fund receipts are approximately
$273.4 million. If the bill were enacted, Kansas could lose full-time federal and state jobs,
armories, and equipment. Furthermore, local governments would no longer have armories,
personnel, and equipment in their communities to assist in responding to disasters and
emergencies. If the number of National Guard members decreased, then state income tax revenues
could also decrease.
The Office of the Governor states that bill would not affect daily operational expenditures
or revenues. However, because the bill would infringe on the Governor’s role as the Commander
in Chief, the Office could have unknown litigation expenditures.
The Honorable Mike Thompson, Chairperson
Page 2—HB 2188
According to the Office of the Attorney General, the legality of the bill would likely be
challenged. It is unknown if the work would be performed with current staff or contracted out or
how long the litigation would take. Therefore, the Office cannot estimate a fiscal effect. Any
fiscal effect associated with HB 2188 is not reflected in
The FY 2026 Governor’s Budget Report
.
The Kansas Association of Counties indicates that the bill could have a fiscal effect on
counties depending on when guard members would be deployed, and therefore cannot estimate a
fiscal effect. The League of Kansas Municipalities states that the bill would not have a fiscal effect
on cities.
Sincerely,
Adam C. Proffitt
Director of the Budget
cc: Michael Neth, Office of the Adjutant General
Ethan Belshe, Office of the Governor
Matt Bingesser, Office of the Attorney General
Jay Hall, Kansas Association of Counties
Wendi Stark, League of Kansas Municipalities