Kentucky HB 364 establishes emergency response pay and injury leave rules for National Guard members

Original title: AN ACT relating to benefits for Kentucky National Guard members.

Last action · March 13, 2026: 2nd reading, to Rules recommitted to Appropriations & Revenue (S)Sponsors: Steve Bratcher and 17 others

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What This Bill Proposed

Kentucky HB 364 requires the state to pay eligible Kentucky National Guard members double their regular pay rate for hazardous during a declared state of emergency. The measure also allows disabled service members to remain on paid state active duty status until medically cleared or relieved by the Governor.

Why it matters

National Guard members called to hazardous state missions receive enhanced compensation and extended paid medical leave, while state agencies must fund these increased personnel costs from departmental budgets.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Kentucky National Guard members

Receive mandatory double-time pay for hazardous state active duty and extended paid medical leave if injured on duty.

Directly affected

Department of Military Affairs

Must implement personnel pay and classification rates and adjust compensation for disabled members based on outside benefits.

Key Facts

Eligible Kentucky National Guard members receive Commonwealth emergency response pay at the equivalent of two days of pay for every one day of qualifying duty performed during hazardous state active duty lasting 72 hours or longer.
Members serving without pay voluntarily are excluded from receiving Commonwealth emergency response pay.
The Department of Military Affairs must implement reasonable personnel pay and classification rates for Commonwealth emergency response pay.
National Guard members temporarily or permanently disabled from an injury or disease in the line of duty on state active duty remain on paid status at their regular rate until medically cleared or relieved by the Governor.

Show all 7 facts

Compensation for disabled service members is reduced by workers' compensation, Social Security, or other federal/state disability programs, but not by medical care payments.
The Governor may order National Guard members into state active duty for protecting lives, disaster relief, riot suppression, law enforcement, or similar purposes.
Guard members performing support missions under Title 32 receive state powers and benefits without additional pay under KRS 38.235.

Frequently Asked Questions

Who qualifies for Commonwealth emergency response pay?

Any member of the Kentucky National Guard who is ordered to hazardous during a declared state of emergency for an initial response period of 72 hours or longer, excluding individuals serving voluntarily without pay.

What happens if a National Guard member is injured while on state active duty?

At the discretion of the Governor, the member remains on paid status at their regular active duty pay rate until a competent medical authority releases them or the Governor relieves them from duty.

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Where This Stands

This bill did not become law - Died at adjournment · passed the House · on the Senate floor.

Procedural history

10 actions

Mar 13, 2026SenateFloor
2nd reading, to Rules recommitted to Appropriations & Revenue (S)
Mar 12, 2026House
reported favorably, 1st reading, to Calendar
Mar 9, 2026SenateCommittee
to Veterans, Military Affairs, & Public Protection (S)
Mar 6, 2026SenateIntroduced
received in Senate to Committee on Committees (S)
Mar 5, 2026HouseFloor
3rd reading, passed 96-0 with Floor Amendment (1)
Mar 3, 2026House
Floor Amendment (1) filed

Show 4 earlier actions

Feb 18, 2026HouseFloor
2nd reading, to Rules posted for passage in the Regular Orders of the Day for Thursday, February 19 2026
Feb 17, 2026House
reported favorably, 1st reading, to Calendar
Jan 21, 2026HouseCommittee
to Veterans, Military Affairs, & Public Protection (H)
Jan 13, 2026HouseIntroduced
introduced in House to Committee on Committees (H)

Version history

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