Chapter 48, MILITIA, DEFENSE AND PUBLIC SAFETY

48-1611. Injunction proceedings. Whenever, in the judgment of the secretary, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this act or any rule and regulation or order issued thereunder…

48-1612. Prohibited uses. It shall be unlawful for any person to use, manufacture, produce, transport, transfer, distribute, sell, install, repair, receive, acquire, own or possess any source of radiation unless licensed by or registered with the secretary in accordance with the …

48-1613. Penalties. (a) Any person who violates any of the provisions of this act or rules and regulations issued pursuant to this act, or who violates any order of the secretary issued pursuant to this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be p…

48-1614. Trade secrets and industrial processes protected. Any report of investigation or inspection, or any information which is a trade secret under the uniform trade secrets act (K.S.A. 60-3320 et seq. and amendments thereto) or secret industrial processes obtained by a depart…

48-1615. Inspection agreements. The secretary is authorized to enter into, subject to the approval of the governor, an agreement or agreements with the federal government, other states or interstate agencies, whereby this state will perform on a cooperative basis with the federal…

48-1616. Federal-state agreements. (a) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of radiation and the assum…

48-1617. Effect of act on local ordinances, resolutions and regulations. Ordinances, resolutions, or regulations, now or hereafter in effect, of the governing body of a municipality or county or board of health relating to by-product, source and special nuclear materials, radiati…

48-1618. Invalidity of part. If any section, subsection, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional, such decree shall not affect the validity of any remaining portion of this act. History: L. 1963, ch. 290, § 18; July 1.

48-1619. Citation of act. This act shall be known and may be cited as the "nuclear energy development and radiation control act." History: L. 1963, ch. 290, § 19; July 1.

48-1620. Licensing of low-level radioactive waste disposal facility required; conditions. The secretary shall review and grant or deny final approval for each low-level radioactive waste disposal facility license in the same manner as provided in K.S.A. 65-3433 et seq., and amend…

48-1621. Terms and conditions of licenses; transfer of title to state, when. (a) Any radioactive materials license issued or renewed after the effective date of this act for any activity which results in the production of by-product material or source material mill tailings shall…

48-1622. Compact negotiations authorized; site acquisitions; contracts for operation of site. (a) The secretary is authorized to enter into negotiations for a compact with other states for the establishment and operation of a regional low-level radioactive waste disposal site whi…

48-1623. Surety requirements to meet license requirements; radiation site closure and reclamation fund established; funding arrangements for long-term care; radiation long-term care fund established; contracts for care and decommissioning services. (a) For licensed activities inv…

48-1624. Inspection agreements; training programs. (a) The secretary is authorized to enter into an agreement or agreements with the United States nuclear regulatory commission pursuant to section 274(c) of the atomic energy act of 1954, as amended, other federal agencies, as aut…

48-1625. Radiation control operations fee fund created; expenditures. (a) There is hereby created in the state treasury the radiation control operations fee fund to administer the provisions of K.S.A. 48-1601 through 48-1624, and amendments thereto. Such fund shall be administere…

48-16a01. Citation of law. K.S.A. 48-16a01 through 48-16a12, and amendments thereto, shall be known and may be cited as the radon certification law. History: L. 2010, ch. 94, § 1; July 1.

48-16a02. Definitions. As used in the radon certification law: (a) "Mitigate" means to repair or alter a building or design for the purpose in whole or in part of reducing the concentration of radon in the indoor atmosphere. (b) "Person" means any individual, corporation, partner…

48-16a03. Certification program; rules and regulations, standards and guidelines; implementation agreements. (a) The secretary shall establish a certification program for certified persons performing radon tests or mitigation in the state. (b) The secretary shall adopt rules and …

48-16a04. Fees. (a) The secretary may establish a schedule of fees to pay the costs of administration and implementation of the radon certification law. The secretary shall remit all moneys received from fees to the state treasurer in accordance with the provisions of K.S.A. 75-4…

48-16a05. Radon measurement technician; certification; application; training course; examination; when section not applicable. (a) A person may not perform radon measurements or represent or advertise that such person may perform radon measurements unless such person has been cer…

48-16a06. Radon mitigation technician; certification; training course; examination; when section not applicable. (a) A person may not perform radon mitigation or represent or advertise that such person may perform radon mitigation unless such person has been certified by the depa…

48-16a07. Radon measurement business, conditions required to perform radon testing. A radon measurement business shall comply with the radon certification law and any rules and regulations adopted thereunder. A certified radon measurement technician who is certified with the depa…

48-16a08. Radon mitigation business; conditions required to perform radon mitigation. A radon mitigation business shall comply with the radon certification law and any rules and regulations adopted thereunder. A certified radon mitigation technician who is certified with the depa…

48-16a09. Radon measurement laboratory; certification; application; conditions for certification. (a) A person may not perform laboratory analysis or represent or advertise that it may perform laboratory analysis of radon measurement devices or samples unless such person has been…

48-16a10. Reports on testing, analysis and mitigation; confidentiality; research studies; radon measurement or testing contracts, requirements. (a) Except as provided by subsections (d), (e) and (g), any person who tests for radon in this state, analyzes radon testing devices use…

48-16a11. Violations of law; penalties. (a) Any person who willfully violates any provision of the radon certification law or any rules and regulations adopted thereunder is guilty of a class B misdemeanor and is subject to a cease and desist order imposed by the secretary after …

48-16a12. Severability. If any section, subsection, sentence, clause, phrase or word of this act is for any reason held to be unconstitutional, such decree shall not affect the validity of any remaining portion of this act. History: L. 2010, ch. 94, § 12; July 1.

48-1701. Ratification of compact by legislature; text. The national guard mutual assistance compact is hereby enacted into law and entered into by this state with all other states legally joining therein, in the form substantially as follows: Article I.—PURPOSES The purposes of t…

48-1702. Payment of claims arising under compact. Upon presentation of a claim therefor by an appropriate authority of a state whose national guard forces have aided this state pursuant to the compact, any liability of this state pursuant to article III (f) of the compact shall b…

48-1703. Rights and status of national guard forces engaged pursuant to compact. In accordance with article III (h) of the compact, members of the national guard forces of this state shall be deemed to be in state service at all times when engaged pursuant to this compact, and sh…

48-1906. Certification by chief law enforcement officer for transfer of certain firearms. (a) When the transfer of a firearm requires certification by a chief law enforcement officer in accordance with 27 C.F.R. § 479.85, in effect on January 24, 2003, a person may apply for such…

48-2101. (KCMJ Art. 1) Definitions. In this act, unless the context otherwise requires: (1) "State military forces" means the national guard of the state, as defined in title 32 of the United States Code, and any other military force organized under the laws of the state when not…

48-2102. (KCMJ Art. 2) Persons subject to this code; jurisdiction. (a) The following persons who are not in federal service are subject to this code: (1) Members of the state military forces; and (2) all other persons lawfully ordered to duty as part of the state military forces,…

48-2103. (KCMJ Art. 3) Jurisdiction to try certain personnel. (a) No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service. (b) The fact that any person c…

48-2105. (KCMJ Art. 5) Territorial applicability of the code. (a) This code applies to all times and places, provided that the person subject to the code is in a duty status or subject to this code under K.S.A. 48-2102, and amendments thereto. This grant of military jurisdiction …

48-2106. (KCMJ Art. 6) Judge advocates; inspections; communications; restrictions. (a) The staff judge advocates in each component of the state's military forces or such judge advocate's designee shall make frequent inspections in the field under the supervision of the administra…

48-2107. State judge advocate; qualifications; appointment; assistants. (a) The adjutant general, with the approval of the governor, shall appoint an officer of the state military forces as state judge advocate, with the rank of colonel. To be eligible for such appointment, the a…

48-2201. (KCMJ Art. 7) Apprehension. (a) Apprehension is the taking of a person into custody. (b) Any person authorized by this code or by title 10 of chapter 47 of the United States Code or by regulations issued under either, to apprehend persons subject to this code, and any la…

48-2203. (KCMJ Art. 9) Imposition of restraint. (a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person. (b) An enlisted memb…

48-2204. (KCMJ Art. 10) Restraint of persons charged with offenses. Any person subject to this code charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confine…

48-2209. (KCMJ Art. 12) Prohibition of confinement with enemy prisoners. No member of the state military forces may be placed in confinement in immediate association with enemy prisoners, both foreign and domestic, or other foreign nationals who are not members of the armed force…

48-2301. (KCMJ Art. 15) Commanding officer's nonjudicial punishment. (a) Under such regulations as the governor may prescribe, any commanding officer may impose disciplinary punishments for military offenses under this code. Only the governor, the adjutant general or an officer o…

48-2302. (KCMJ Art. 15a) Nonjudicial punishment; de novo review; appeal. (a) A person punished under K.S.A. 48-2301, and amendments thereto, by a company-grade commanding officer who considers the findings unsupported by the evidence or the punishment unjust or disproportionate t…

48-2303. (KCMJ Art. 15b) Nonjudicial punishment; trial by civilian court not barred. (a) The imposition and enforcement of disciplinary punishment under K.S.A. 48-2301, and amendments thereto, for any act or omission does not bar a trial by a civilian court of competent jurisdict…

48-2602. (KCMJ Art. 31) Compulsory self-incrimination prohibited. (a) No person subject to this code shall compel any person to self-incriminate that person or to answer any question, the answer to which may tend to incriminate the person. (b) No person subject to this code may i…

48-2605. (KCMJ Art. 34) Advice of judge advocate. Before proceeding to take action under this code, a commanding officer should confer with the commanding officer's servicing judge advocate for consideration and advice. History: L. 1972, ch. 203, § 48-2605; L. 1988, ch. 191, § 22…

48-2708. (KCMJ Art. 43) Statute of limitations. (a) A person charged with sedition, mutiny, desertion, missing movement or absence without leave in time of war or aiding a hostile force may be punished at any time without limitation. (b) Except as otherwise provided in this secti…

48-2709. (KCMJ Art. 44) Former jeopardy. (a) No person may, without that person's consent, be punished a second time for the same offense. (b) No proceeding in which an accused has been found guilty by a commanding officer upon any charge or specification under K.S.A. 48-2301, an…

48-2801. (KCMJ Art. 55) Cruel and unusual punishments prohibited. Punishment by flogging, branding, marking or tattooing the body, or any other cruel or unusual punishment may not be adjudged by any commanding officer or inflicted upon any person subject to this code. History: L.…

48-2802. (KCMJ Art. 56) Maximum punishment. (a) The punishment that a commanding officer may direct for an offense may not exceed limits prescribed by this code. (b) Notwithstanding the limitations already prescribed, the maximum fine that may be assessed by a commanding officer …