SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2230
As Amended by House Committee on Veterans
and Military
Brief*
HB 2230, as amended, would create law related to the
appointment of a state judge advocate and amend law
governing the Kansas National Guard in Chapter 48 of the
Kansas Statutes Annotated to modernize statutory language
and remove outdated statutes, including references to trial by
court martial.
State Judge Advocate (New Section 1)
The bill would authorize the Adjutant General, with the
approval of the Governor, to appoint an officer of the state
military as state judge advocate with the rank of colonel. The
Adjutant General would also be authorized to appoint as
many assistant state judge advocates as deemed necessary.
The bill would specify appointees for the state judge advocate
and appointees for assistant state judge advocates would be
required to meet the definition of judge advocate provided in
continuing law.
If the Governor approves, the Adjutant General would be
able to promote a state judge advocate to the rank of
brigadier general, provided that the state judge advocate has:
● Held the rank of colonel for at least ten years; and
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
● Served 20 years or more of combined service in
the Kansas National Guard and the U.S. military
forces.
Authority of Adjutant General to Appoint Assistant
Adjutants General (Section 5)
The bill would amend provisions concerning the
appointment of assistant adjutants general to permit the
Adjutant General to assign the number of assistant adjutants
general, as authorized by the National Guard Bureau, who
would serve at the pleasure of, and perform duties as
assigned by, the Adjutant General. [Note: Current law
provides the Adjutant General may appoint two assistant
adjutants general.]
Under the bill, assistant adjutants general would hold
military rank as authorized and approved by the National
Guard Bureau, and would be required to to have served at
least five years as commissioned officers in the Kansas Army
or Air National Guard at the time of their appointment. The bill
would require the Adjutant General to designate one assistant
adjutant general as the senior assistant adjutant general, who
would perform the Adjutant General’s duties when the
Adjutant General is absent, unable, or when such senior
assistant is expressly directed to perform such duties.
The bill would remove language from this section with
respect to the Adjutant General’s authority over state, federal,
and public property, including the state arsenal. The bill would
also remove language from this section with respect to the
Adjutant General’s power to appoint a finance and disbursing
officer.
U.S. Property and Disbursing Officer (Section 6)
The bill would replace current language outlining the
duties of the finance and disbursing officer with language
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providing for a U.S. Property and Disbursing Officer (Officer),
to be appointed or assigned pursuant to federal National
Guard regulations. The bill would require such Officer (and
assistants, as necessary) to secure, receive, disburse, issue,
record, and account for all federal funds and military property
granted or loaned by the United States to Kansas for use by
the Kansas National Guard. The Officer would perform
additional duties and would exercise power and authority as
is assigned by the Adjutant General, or as is vested in the
Officer by federal regulation.
Federal funds would be used to pay the salary of the
Officer and the salaries of other employees necessary for the
discharge of duties. If federal funds are not available, state
funds would be used.
Uniforms, Arms, and Equipment (Section 10)
The bill would remove the requirement that
commissioned officers provide themselves with suitable
uniforms and other equipment. It would also remove the
provision that noncommissioned officers be provided with
uniforms and other equipment free of charge.
Penalties for Failure to Obey Orders (Section 12)
The bill would remove penalties for officers and enlisted
persons who do not faithfully perform their duties.
Establishment and Use of Armories (Section 14)
The bill would remove outdated references to meetings
of the Grand Army of the Republic, the Spanish American
War Veterans, and their auxiliary organizations.
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Compensation of Kansas National Guard Members after
July 1, 1943 (Section 16)
The bill would remove a pay schedule providing for
specific amounts of compensation for various ranks after July
1, 1943, to instead provide such members would receive
appropriate compensation as established by policy, guidance,
or regulation.
Technical Amendments (Sections 2-4, 7-9, 11, 13, and 15)
The bill would make technical amendments to various
statutes in Chapter 48 of the Kansas Statutes Annotated to
modernize language and ensure consistency in statutory
phrasing. The bill would also remove all references to trial by
court martial in statutes governing the Kansas National
Guard.
Background
The bill was introduced by the House Committee on
Veterans and Military at the request of a representative of the
Adjutant General’s Department.
House Committee on Veterans and Military
In the House Committee hearing on February 14, 2023,
a representative of the Adjutant General’s Department
testified as a proponent, stating that Chapter 48 of the
Kansas Statutes Annotated, which outlines the organization
of the military, defense, and public safety of Kansas, was last
significantly revised in 1988. The bill would ensure that the
Kansas National Guard follows statutes that are in line with
recently updated United States Army and Air Force
regulations.
No other testimony was provided.
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The House Committee amended the bill to:
● Decrease, from 30 to 20, the number of years
required for a state judge advocate to serve in
order to be promoted to rank of brigadier general;
● Update the Adjutant General’s authority to assign
the number of assistant adjutants general and
clarify the duties of such assistants;
● Provide for a U.S. Property and Disbursing Officer
to serve the needs of the organized militia at the
discretion of the Adjutant General; and
● Make technical changes to ensure consistency in
statutory phrasing.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, the Adjutant General’s Department
states that the bill would not have a fiscal effect.
Veterans and Military; Kansas National Guard; state judge advocate
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Statutes affected: As introduced: 48-101, 48-202, 48-204, 48-205, 48-209, 48-211, 48-242, 48-214, 48-216, 48-243, 48-252c, 48-301, 48-509, 48-516
As Amended by House Committee: 48-101, 48-202, 48-204, 48-205, 48-206, 48-209, 48-211, 48-242, 48-214, 48-216, 48-243, 48-252c, 48-301, 48-509, 48-516