Chapter 48, MILITIA, DEFENSE AND PUBLIC SAFETY

48-512. Articles of war; freedom from arrest; jury duty. (a) Whenever such forces or any part thereof shall be ordered out for active service, the articles of war of the United States applicable to members of the national guard of this state in relation to courts-martial, their j…

48-513. Invalidity of part. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application,…

48-514. Citation of act. This act may be cited as the state guard act. History: L. 1941, ch. 275, § 14; March 20.

48-515. Compensation of members. Whenever the state guard, or any portion thereof, is called into the active military service of the state, the officers and enlisted persons shall receive the same rate of pay as is provided for officers and enlisted persons of like grades in the …

48-516. Schedule of pay after July 1, 1943. Members of the Kansas state guard after July 1, 1943, who are actually present and participate in regular weekly drills provided for by law or regulations, for not less than 11/2 hours, shall receive appropriate compensation as establis…

48-517. Reemployment of persons called to duty, when required. (a) Any person employed in the state of Kansas who is called or ordered to state active duty by this state, or any other state, whether such person is a member of the Kansas army national guard, Kansas air national gu…

48-904. Definitions. As used in this act: (a) "Emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize and repair inju…

48-905a. Division of emergency management, establishment. (a) The division of emergency preparedness within the office of the adjutant general is hereby abolished and there is hereby established within the office of the adjutant general a division of emergency management. To the …

48-907. Powers and duties of adjutant general. For the purposes of administering the division of emergency management and the powers, duties and functions thereof, the adjutant general shall have the following powers and duties: (a) To adopt, amend and repeal rules and regulation…

48-911. Mobile support units; duties of adjutant general. The adjutant general, at the request of the governor, is authorized to create and establish such number of mobile support units as may be necessary to reinforce the emergency management activities of county, city and inter…

48-912. Investigations and surveys; testimony and evidence; fees and mileage of witnesses. For the purpose of making surveys and investigations and obtaining information under this act, the adjutant general may compel by subpoena the attendance of witnesses, and the production of…

48-914. Lease, sale or loan of state property to federal or local governments; transfer of personnel; cities and counties authorized to contract. Notwithstanding any inconsistent provision of law: (a) Whenever the adjutant general, with approval of the governor, deems it to be in…

48-915. Immunity from liability of the state, local governments and certain individuals; Kansas tort claims act, applicability. (a) Neither the state nor any political subdivision of the state, nor the agents or representatives of the state or any political subdivision thereof, s…

48-916. Authority to accept services, gifts, grants and loans. (a) Whenever the federal government or any agency or officer thereof offers to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials or funds by way of gift, gr…

48-917. Persons ineligible for employment. No person shall be employed by any emergency management organization established under this act who advocates a change by force or violence in the constitutional form of the government of the United States or in this state or the overthr…

48-919. Employees, division of emergency management; expenses. The adjutant general, as the chief administrative officer of the division of emergency management, is hereby authorized to employ an emergency management programs' administrator, a planning officer and such technical,…

48-920. Citation of act. This act and the act of which this section is amendatory may be cited as the Kansas emergency management act. History: L. 1955, ch. 263, § 13; L. 1975, ch. 283, § 29; L. 1994, ch. 248, § 9; July 1.

48-922. Purchase of accident insurance for volunteer workers by cities; coverage; immunity; definitions. (a) The governing body of any city which has a disaster agency pursuant to K.S.A. 48-929, and amendments thereto, or is participating in an interjurisdictional arrangement und…

48-923. Limitations on effect of act. Nothing in the emergency management act shall be construed to: (a) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this act may be taken when necessary to forestall or mitigate imminent or …

48-924. Disasters; responsibilities of governor; state of disaster emergency; continuation, extension and termination; requirements of proclamation; activation of disaster response and recovery of state disaster plan; state of drought. (a) The governor shall be responsible for me…

48-924a. Extension of state of disaster emergency declared for counties experiencing severe weather-related disaster on May 4, 2007. In addition to the authority granted by subsection (a)(3) of K.S.A. 48-924, and amendments thereto, the state of disaster emergency which was decla…

48-924b. Extension of state of disaster emergency declared on March 12, 2020, as a result of the COVID-19 health emergency; revocation of existing executive orders. (a) The state of disaster emergency that was declared by the governor pursuant to K.S.A. 48-924, and amendments the…

48-925. Powers of governor during state of disaster emergency; authorized orders, limitations; review by legislative coordinating council; revocation by legislature; civil action for relief from executive orders; powers of board of county commissioners, orders relating to public …

48-925a. Limitations on powers of governor during COVID-19 state of disaster emergency; substantially burdening or inhibiting gathering or movement of individuals or operation of religious, civic, business or commercial activity; certain orders null and void. (a) During any state…

48-925c. Operation and closure of school districts during COVID-19 state of disaster emergency; school district board of education as the sole authority; guidance by other governmental officials allowed; procedure to contest board action; civil action. (a) (1) During the state of…

48-925d. Operation and closure of community college or technical college during COVID-19 state of disaster emergency; governing body as the sole authority; guidance by other governmental officials allowed; procedure to contest governing body action; civil action. (a) (1) During t…

48-926. State disaster emergency plan; rules and regulations. (a) The division of emergency management shall prepare and maintain a state disaster emergency plan, which may include provisions for: (1) Prevention and minimization of injury and damage caused by disaster; (2) prompt…

48-927. State resources management plan. The division of emergency management shall prepare a state resources management plan to include such economic controls as may be reasonably necessary to effectuate recovery from disasters. Such resources management plan, or any part thereo…

48-928. Duties of division of emergency management. In addition to other duties imposed under this act, the division of emergency management shall: (a) Determine the requirements of the state and the counties and cities thereof for food, clothing and other necessities in event of…

48-929. County and city disaster agencies; determination by governor; disaster emergency plans by county, city and interjurisdictional disaster agencies; duties of local officials. (a) Each county within this state shall establish and maintain a disaster agency responsible for em…

48-930. Interjurisdictional disaster agencies; finding and order by governor; disaster emergency plans; interjurisdictional agreements between counties; interstate mutual aid organizations, agreements, disapproval by legislature. (a) If the governor finds that two or more adjoini…

48-931. Development and revision of state, local and interjurisdictional disaster plans; advice and assistance of local government, business and civic leaders. (a) The division of emergency management shall take an integral part in the development and revision of local and interj…

48-932. States of local disaster emergency; effect; powers and duties of county and city officials; civil action for relief from action by local unit of government. (a) A state of local disaster emergency may be declared by the chairperson of the board of county commissioners of …

48-933. Duty of individuals during disaster emergencies; compensation for loss of property, exceptions; claims procedure. (a) Each person within this state shall act and manage the affairs of such person and such person's property in any way which reasonably will assist and not d…

48-934. Duties and immunities of law enforcement, military and other authorized personnel. Law enforcement officers, military personnel, or other persons authorized to assist them, while engaged in maintaining or restoring the public peace or safety or in the protection of life o…

48-935. Force and effect of municipal ordinances during disaster emergencies. Any ordinance of any municipality authorizing the mayor or other persons to act during a state of disaster emergency proclaimed under K.S.A. 48-924 or during a state of local disaster emergency declared…

48-936. Immunity from liability for persons in control of certain premises. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part …

48-937. Communications systems during disasters; recommendations to governor. The division of emergency management shall ascertain what means exist for rapid and efficient communications during a disaster. The division of emergency management shall consider the desirability of su…

48-938. Federal grants to individuals and families; powers and duties of governor; amount of state share; maximum amount, determination. Whenever the president of the United States, pursuant to the federal Robert T. Stafford disaster relief and emergency assistance act and the fe…

48-939. Civil penalty for intentional violation of act or rules and regulations, orders or proclamations thereunder; enforcement through civil action by the attorney general or county or district attorney; injunction or restraining order; criminal penalty for knowing violation of…

48-940. Citation of act. This act shall be known and may be cited as the Kansas nuclear safety emergency management act. History: L. 1993, ch. 113, § 1; L. 1994, ch. 248, § 22; July 1.

48-941. Definitions. As used in this act: (a) "Emergency planning zone" means an area surrounding a nuclear facility for which planning is needed to assure that prompt and effective actions can be taken to protect the public in the event of an accident at the facility. Each nucle…

48-942. Costs of emergency management plans and programs; fees. (a) Persons engaged in the production of electricity through the utilization of nuclear energy at a nuclear facility shall pay fees to the adjutant general to cover the costs incurred by state and local government ag…

48-943. Rules and regulations; personnel. (a) The adjutant general shall adopt rules and regulations necessary to administer and implement the provisions of this act. Such rules and regulations shall include a schedule for the submission of emergency management budget requests by…

48-944. Administration of act. The adjutant general shall administer this act in conjunction with the administration of the Kansas emergency management act. History: L. 1993, ch. 113, § 5; L. 1994, ch. 248, § 26; July 1.

48-945. Declaration of state of emergency; exemption of drivers of utility service vehicles from certain requirements. (a) Upon application by any utility, the division of emergency management may declare a state of emergency in all or any part of the state whenever conditions ex…

48-948. Citation of act; purpose. (a) This act may be cited as the Kansas intrastate emergency mutual aid act. (b) The purpose of this act is to create a system of intrastate mutual aid between participating Kansas political subdivisions. Each participant of this system recognize…

48-949. Definitions. As used in the Kansas intrastate emergency mutual aid act: (a) "Division" means the division of emergency management within the office of the adjutant general. (b) "Emergency responder" means any person in the public or private sector who: (1) Has special ski…

48-950. Kansas mutual aid system; participation by political subdivisions. All political subdivisions within the state, upon enactment of this act, are automatically a part of the Kansas mutual aid system. A political subdivision may elect not to participate or to later withdraw …

48-951. Responsibilities of participating political subdivisions. It shall be the responsibility of each participating political subdivision with jurisdiction over and responsibility for emergency management within such subdivision to: (a) Identify potential hazards that could af…