Chapter 48, MILITIA, DEFENSE AND PUBLIC SAFETY

48-101. Persons subject to military duty; classes. All persons subject to military duty under the constitution of this state and not exempt therefrom by the provisions of this act, and such other persons as shall voluntarily enroll themselves, shall be divided into three classes:…

48-102. Persons exempt from military duty. The following persons are exempt from military duty: First, all persons in the army or navy or volunteers force of the United States and those who have been honorably discharged therefrom; all persons who have served in the Kansas nation…

48-201. Composition and organization; term "Kansas state guard" defined; tax exemptions to instrumentalities of armed forces. The Kansas army and air national guard shall consist of such units as the governor of Kansas may from time to time authorize to be formed, all to be forme…

48-202. Staff officers; qualifications; vacancies. All staff officers of the Kansas national guard, including officers of the pay, inspection, subsistence and medical departments, shall have had previous military experience and shall hold their positions until they have reached64…

48-203. Commander in chief; chief of staff; rank; qualifications; compensation; aides-de-camp. The governor shall be commander in chief of the militia and shall have supreme command of the military forces of the state while in the service of the state or until they are ordered or…

48-204. Adjutant general; powers and duties; appointment of security and law enforcement officers. (a) The adjutant general shall: (1) Be in control of the military department of the state and subordinate only to the governor in matters pertaining to the department; (2) have gene…

48-205. Assistant adjutant generals; assignment; qualifications. (a) The adjutant general may assign the number of assistant adjutants general from the ground forces and air forces of this state who are authorized by national guard bureau rules and regulations. (b) The assistant …

48-206. Property and disbursing officer; duties; employees; expenditures. (a) There shall be a United States property and disbursing officer appointed or assigned as may be provided in federal regulations. (b) The United States property and disbursing officer shall be provided wi…

48-208. Appointments and commissions. Officers shall be appointed and commissioned by the governor alone, except that appointment of general officers shall be subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A…

48-209. Terms of officers; order to active service by governor, when; rank; compensation. All officers of the Kansas army and air national guard in the line and in all of the departments and corps, shall hold their positions until they have reached 64 years of age unless the offi…

48-210. Enlistments; standard physical examinations; medical fee. All enlistments in the Kansas army and air national guard shall be in the form and for such period as is now or may hereafter be prescribed by federal law and regulations. Every recruit, before he or she shall be e…

48-211. Discharge or retirement for disability; retired list; exemption from jury duty, when. (a) Enlisted personnel of the Kansas army and air national guard who are unable, on account of permanent physical disability, to perform the duties required shall be discharged from the …

48-212. Oath of officers and enlisted persons. Each commissioned officer, before entering upon the duties of his or her office, and each enlisted person, shall be required to take and subscribe to such oath as is now or may hereafter be required by federal law and regulation. His…

48-213. Federal requirements applicable to officers; minimum age; vacancies in commissioned grades. The commissioned and noncommissioned officers throughout all of the departments, corps, regiments and lesser organizations shall conform to those of similar organizations in the ar…

48-214. Kansas military board; membership; duties. (a) There shall be a Kansas military board consisting of the adjutant general, who shall be recorder, the state judge advocate, the three senior commanders of the Kansas army national guard and the senior commander of the Kansas …

48-215. Meetings of the state military board; compensation and allowances. The state military board shall meet as the adjutant general deems necessary, for the transaction of military business. A majority of the board shall constitute a quorum for the transaction of business. Mem…

48-216. Uniforms, arms and equipment; rules and regulations. (a) The uniforms of the Kansas national guard shall conform as nearly as practicable to the uniform adopted for the applicable armed service of the United States, and the governor shall make requisition on the secretary…

48-217. Use of ordnance or supplies issued by the United States; ammunition for salutes. No ordnance or quartermaster's supplies or other public property belonging to the United States for which the state of Kansas is responsible, issued to the state and charged against its quota…

48-218. Use and storage of property. No officer or member of the Kansas national guard having property in charge shall loan for private use, or permit to be used for any other than the legitimate purpose intended, any public property that the officer may be responsible for to the…

48-220. Payment of state allowance to finance and disbursing officer of national guard, state guard or armory board. The state shall pay annually in monthly payments to the finance and disbursing officer in the adjutant general's department, or such officer as may be detailed by …

48-224. Rations and clothing allowances when in actual service. Members of the Kansas national guard, when in actual service of the state in time of war, insurrection, invasion, or in case of riot or breaches of the peace or imminent danger thereof, shall, during their time of se…

48-225. Pay and allowances; health insurance, reimbursement of costs, when; active state service in nonemergency situation; active duty; details. (a) When an officer or enlisted person of the Kansas national guard is ordered by the governor to perform active state service, such p…

48-227. Resumption of guard service after release from federal service. Whenever the Kansas national guard, or any portion thereof, shall have been called or drafted into the service of the United States as provided by federal law, all persons so called or drafted shall, upon the…

48-238. Calling out militia. It shall be the duty of the governor, and the governor is hereby authorized and required, in case of war, invasion, insurrection, or breaches of the peace, or imminent danger thereof, or any forcible obstruction to the execution of the laws, or reason…

48-239. Call and organization of volunteers; discharge. Should the national guard of the state when so recruited be insufficient to fill the requirements of said requisition of the president, or when additional troops are needed for service, the governor may call for volunteers f…

48-240. Duty of commanding officer in case of invasion, insurrection or public disaster. In case of invasion, insurrection, public disaster, or imminent danger thereof in the vicinity of any unit, it shall be the duty of the commanding officer thereof to at once notify the comman…

48-241. Ordering militia into active service. The commander in chief shall have power to order into the active service of the state any or all of the units of the national guard, any active or retired member of the national guard or other militia or military organizations of the …

48-241a. Payment of expenses for defense of members of national and state guards in certain civil and criminal actions; selection of defense attorney; duties of attorney general. If any member or any former member of the Kansas national guard, or the Kansas air national guard, or…

48-242. Request for aid by sheriff or mayor; duties. (a) In case of any breach of the peace, tumult, riot, resistance to process in this state, public disaster or imminent danger thereof, it shall be lawful for the sheriff of any county or the mayor of any city to call upon the c…

48-243. Faithful performance of duties required. The commanding officer of a military organization ordered into active service shall faithfully perform the duties required and such officer shall not hinder or prevent the civil authorities in a faithful performance of their duties…

48-244. Report for duty when called into active service. Whenever any organization of the national guard shall be called into the active service of the state, it shall be the duty of every officer and enlisted person of the organization so ordered to report at once to his or her …

48-245. Uniforms, arms and equipment exempt from suit, execution or sale for debt. The uniforms, arms and equipment required by law or regulations of every officer and soldier of the Kansas national guard, shall be exempt from all suits, distresses, execution or sales for debt. H…

48-246. Location of new companies; method of organization; muster out and discharge. The location of new companies of the national guard shall be determined by the military board, and shall be at such points as in their opinion the best interests of the state shall be conserved a…

48-247. Administration of oath of enlistment. Whenever an officer shall act as a recruiting officer under written authority of the commander in chief, in the organization of a new company of national guard, the officer shall have power to administer the oath of enlistment. The co…

48-248. Oath of officers. All the officers appointed on the staff of the governor or commissioned in the Kansas national guard shall, before entering upon the discharge of their respective duties, take and subscribe to the proper oath of office. History: L. 1901, ch. 255, § 49; L…

48-249. Existing organizations. The organized companies, batteries and bands now comprising the active militia of the state, and the regimental and battalion organizations, shall not be changed or interfered with by the provisions of this act, but said organizations shall be cont…

48-251. Warrants of director of accounts and reports. The director of accounts and reports is hereby authorized and required to draw his or her warrants on the treasurer of state for the purposes and amounts specified in this act, on the presentation to the controller of itemized…

48-252a. Movement of state and national military forces; exemption from traffic regulations; priority of right-of-way, exceptions. The military forces of the United States and the state of Kansas, while on any authorized duty involving controlled movement of military convoys, cri…

48-252b. Authorizing certain military personnel to direct traffic on public roads and highways. The Kansas highway patrol superintendent or a division captain may on proper application, as hereinafter enumerated, grant to military personnel or state national guardsmen of this sta…

48-252c. Application for authority to direct traffic; required contents. Application for such authority shall be made by the commanding officer of the military unit or national guard unit to the Kansas highway patrol superintendent or the division captain in the division where th…

48-252d. Limitations of authority. Such authority shall be limited to traffic control only, and shall be limited to the route set forth in the application and during the period of time the vehicles or convoy are expected to use said route as set forth in the application. History:…

48-253. Annual civilian rifle-team competition; expense of. The state shall pay annually beginning from and after the passage of this act to the adjutant general of this state the sum of $500 for the purpose of aiding in defraying and paying the expenses of an annual civilian rif…

48-254. Disbursal of allowance by adjutant general. The adjutant general shall disburse the allowance provided above in accordance with such rules and regulations as he or she shall promulgate in payment of actual expenses incurred in maintaining and equipping a shooting range an…

48-261. Death and disability benefits for members of national and state guards; military disability board; membership, powers and duties; emergency fund allocations; rules and regulations. (a) Every member of the Kansas national guard or Kansas state guard shall be entitled to th…

48-262. Entitlements of members. Subject to K.S.A. 48-263, 48-264 and 48-268, entitlements shall accrue under this act to any member whenever the member: (a) Is wounded or injured, or (b) contracts any disease or illness, physical or mental, or (c) is killed or dies. History: L. …

48-263. Limitations of entitlements. Entitlements shall accrue under this act only when the wound, injury, disease, illness or death is incurred by the member: (a) In the line of duty when on an emergency or nonemergency assignment as specified in K.S.A. 48-225, and (b) when in t…

48-264. Effect of federal service. No entitlement shall accrue under this act, when comparable or superior death or disability benefits for the same occurrence accrue to the member under any federal law or regulation for the reason that the member was in federal service at the ti…

48-265. Reimbursement for certain expenses. Any member entitled to benefits under this act for any wound, injury, disease or illness shall receive or be reimbursed for expenses arising therefrom for: (a) Medical, surgical and related services, and (b) hospital, and (c) drugs, med…

48-266. Pay and allowance; limitations. Any member entitled to benefits under this act for any wound, injury, disease or illness shall receive the same pay and allowance, whether in money or in kind, to which the member was entitled at the time when such entitlement accrued, duri…

48-267. Permanent disability benefits; computation; annual review. Any member, who is entitled to benefits under this act for any wound, injury, disease or illness and who incurs a permanent disability therefrom shall receive compensation as provided in this section. Entitlement …