reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-503 Pay and allowances; training assemblies and camps; hazardous duty.

48-503.
Pay and allowances; training assemblies and camps; hazardous duty.
Members shall receive such pay and allowances as shall be provided by statute for training assemblies and camps; and when on state active duty not in the service of the United States they shall receive such pay and allowances, immunities and compensation for death and disability for hazardous duty as defined by statute for the Kansas army and air national guard when on active duty for the state.
History: L. 1941, ch. 275, § 3; L. 1968, ch. 167, § 1; March 26.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-504 Requisitions; armories; other buildings.

48-504.
Requisitions; armories; other buildings.
For the use of such forces, the governor is hereby authorized to requisition from the secretary of war such arms and equipment as may be in possession of and can be spared by the war department; and to make available to such forces the facilities of state armories owned or leased and their equipment and such other state premises and property as may be available.
History:
L. 1941, ch. 275, § 4; March 20.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-505 Use without state, when.

48-505.
Use without state, when.
Such forces shall not be required to serve outside the boundaries of this state except that any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this state into another state until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons: Provided, Such other state shall have given authority by law for such pursuit by such forces of this state.
Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of the forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which such person is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.
History:
L. 1941, ch. 275, § 5; March 20.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-506 Permission to forces of other states.

48-506.
Permission to forces of other states.
Any military forces or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are hereby authorized to arrest or capture such persons within this state while in fresh pursuit.
Any such person who shall be captured or arrested by the military forces of such other state while in this state shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful, and nothing contained in this section shall be deemed to repeal any of the provisions of the uniform act on the fresh pursuit of criminals.
History:
L. 1941, ch. 275, § 6; March 20.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-507 Federal service.

48-507.
Federal service.
Nothing in this act shall be construed as authorizing such forces, or any part thereof, to be called, ordered or in any manner drafted, as such, into the military service of the United States, but no person shall by reason of his enlistment or commission in any such forces be exempted from military service under any law of the United States.
History:
L. 1941, ch. 275, § 7; March 20.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-508 Civil groups.

48-508.
Civil groups.
No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in such forces as an organization or unit.
History:
L. 1941, ch. 275, § 8; March 20.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-509 Disqualifications.

48-509.
Disqualifications.
No person shall be commissioned or enlisted in such forces who is not a citizen of the United States or who has been dishonorably discharged from any military or naval organization of this state, or of another state, or of the United States.
History:
L. 1941, ch. 275, § 9; March 20.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-510 Oath of officers.

48-510.
Oath of officers.
The oath to be taken by officers commissioned in such forces shall be substantially in the form prescribed for officers of the national guard, substituting the words "Kansas state guard" where necessary.
History:
L. 1941, ch. 275, § 10; March 20.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-511 Enlistments; term; oath.

48-511.
Enlistments; term; oath.
Enlistments in the Kansas state guard shall be for two years, except that any person who has served a complete enlistment in the armed forces of the United States, the national guard, or the state guard may enlist for one year. The oath to be taken upon enlistment in such forces shall be substantially in the form prescribed for persons enlisted in the national guard, substituting the words "Kansas state guard" where necessary.
History:
L. 1941, ch. 275, § 11; L. 1943, ch. 202, § 1; L. 1975, ch. 52, § 19; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-512 Articles of war; freedom from arrest; jury duty.

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 jurisdiction and the limits of punishment and the rules and regulations prescribed thereunder shall be in full force and effect with respect to the Kansas state guard.
(b) Whenever such forces or any part thereof shall be ordered out for service of any kind, they shall have all powers, duties and immunities of peace officers of the state of Kansas in addition to all powers, duties and immunities now otherwise provided by law.
(c) No officer or enlisted person of such forces shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where he or she is ordered to attend for military duty.
Every officer and enlisted person of such forces shall, during service therein, be exempt from service upon any posse comitatus and from jury duty.
History:
L. 1941, ch. 275, § 12; March 20.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-513 Invalidity of part.

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, and to this end the provisions of this act are declared to be severable.
History:
L. 1941, ch. 275, § 13; March 20.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-515 Compensation of members.

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 army of the United States.
History:
L. 1941, ch. 276, § 1; April 9.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 5 - State Guard › 48-516 Same; schedule of pay after July 1, 1943.

48-516.
Same; 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 one and one-half hours, shall receive the following schedule of pay: For each of no more than five such weekly periods in any one month; private, sixty cents; private first class, seventy cents; corporal, eighty cents; sergeant, ninety-five cents; staff sergeant and first sergeant, one dollar; second lieutenant, one dollar and twenty-five cents; first lieutenant, one dollar and fifty cents; captain, two dollars and fifty cents. The rate of pay for a technician fifth grade will be the same as that of a corporal; the rate of pay for a technician fourth grade and a technician third grade will be the same as that of a sergeant.
History:
L. 1943, ch. 203, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-904 Definitions.

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 injury and damage resulting from disasters;
(b) "adjutant general" means the adjutant general of the state of Kansas;
(c) "division of emergency management" means the division of emergency management created in the office of the adjutant general by K.S.A. 48-905, and amendments thereto;
(d) "disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including, but not limited to, fire, flood, earthquake, wind, storm, epidemics, contagious or infectious disease, air contamination, blight, drought, infestation, explosion, riot, terrorism or hostile military or paramilitary action;
(e) "unorganized militia" means all able-bodied male and female persons between the ages of 16 and 50 years;
(f) "state disaster emergency plan" means the plan prepared and maintained by the division of emergency management pursuant to K.S.A. 48-926, and amendments thereto;
(g) "local and interjurisdictional disaster emergency plans" means all disaster emergency plans developed and promulgated by county, city and interjurisdictional disaster agencies pursuant to K.S.A. 48-929, and amendments thereto; and
(h) "hazardous material" means any substance or material in a quantity or form which may be harmful or injurious to the health and safety of humans, animals, crops or property when released into the environment. Hazardous material includes, but is not limited to, explosives, radioactive materials, disease-causing agents, flammable liquids, solids or gases, combustible liquids, poisons, poisonous gases, oxidizing materials, corrosive materials, irritants, nonflammable gases, cryogenics and blasting agents.
History:
L. 1951, ch. 323, § 3; L. 1955, ch. 263, § 2; L. 1975, ch. 283, § 1; L. 1980, ch. 158, § 1; L. 1994, ch. 248, § 2; L. 2001, ch. 163, § 10; L. 2002, ch. 83, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-905a Division of emergency management, establishment.

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 extent provided in this act, all of the powers, duties and functions of such division of emergency preparedness are hereby transferred to and conferred and imposed upon the division of emergency management. The division of emergency management and the powers, duties and functions thereof shall be administered, by the adjutant general, who shall be the chief administrative officer thereof, under the supervision of the governor.
(b) Whenever the division of emergency preparedness within the office of the adjutant general, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of emergency management.
(c) The division of emergency management shall be a continuation of the division of emergency preparedness within the office of the adjutant general as the same existed prior to the effective date of this act.
History:
L. 1994, ch. 248, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-907 Powers and duties of adjutant general.

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 regulations;
(b) to cooperate with the advisory commission to the council of national defense through its division of state and local cooperation, or with any similar federal agencies hereafter created, and with any departments or other federal agencies engaged in defense or emergency management activities;
(c) to cooperate with emergency management agencies or councils and similar organizations of other states;
(d) to cooperate with county, city and interjurisdictional disaster agencies;
(e) to supervise and direct investigations, and report to the governor with recommendations for legislation or other appropriate action as the adjutant general deems necessary, with respect to any type of activity or matter of public concern or welfare insofar as the same is or may be related to emergency management;
(f) to appoint committees to aid the adjutant general in the discharge of the powers and duties conferred by this act;
(g) to require and direct the cooperation and assistance of state and local governmental agencies and officials;
(h) to serve as the chief administrative officer of the division of emergency management and the state resources administrator; and
(i) to do all acts and things, not inconsistent with law, for the furtherance of emergency management activities.
History:
L. 1951, ch. 323, § 6; L. 1955, ch. 263, § 4; L. 1965, ch. 337, § 2; L. 1975, ch. 283, § 21; L. 1994, ch. 248, § 3; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-911 Mobile support units; duties of adjutant general.

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 interjurisdictional disaster agencies in stricken areas and with due consideration of the plans of the federal government and of other states. The adjutant general shall appoint a commander for each such unit who shall have primary responsibility for the organization, administration and operation of such unit for such purposes. Mobile support units shall be called to duty upon orders of the adjutant general, with the approval of the governor, and shall perform their functions in any part of the state or in other states upon the conditions authorized under the provisions of this act.
History:
L. 1951, ch. 323, § 10; L. 1955, ch. 263, § 8; L. 1975, ch. 283, § 22; L. 1994, ch. 248, § 4; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-912 Investigations and surveys; testimony and evidence; fees and mileage of witnesses.

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 books, papers, records and documents of individuals, firms, associations and corporations; and all officers, boards, commissions and departments of the state, and the political subdivisions thereof, having information with respect thereto, shall cooperate with and assist him or her in making such investigations and surveys. In case of disobedience to a subpoena of the adjutant general, the adjutant general may invoke the aid of any court of competent jurisdiction in requiring the attendance and testimony of witnesses and the production of documentary evidence. Each witness who appears before the adjutant general by his or her order, other than a state officer or employee, shall receive for his or her attendance the fees and mileage provided for witnesses in civil actions in courts of record, which shall be audited and paid upon presentation of proper vouchers certified to by such witness and approved by the adjutant general.
History:
L. 1951, ch. 323, § 11; L. 1955, ch. 263, § 9; L. 1975, ch. 283, § 23; April 11.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-914 Lease, sale or loan of state property to federal or local governments; transfer of personnel; cities and counties authorized to contract.

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 the public interest, he or she may: (1) Authorize any department or agency of the state to lease or lend, on such terms and conditions as he or she may deem necessary to promote the public welfare and protect the interests of the state, any real or personal property of the state government to the president, the heads of the armed forces, or to the civil defense agency of the United States.
(2) Enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state on such terms and conditions as he or she may deem necessary to promote the public welfare and protect the interests of the state, of any real or personal property of the state or under the jurisdiction or control of the state government, or the temporary transfer or employment of personnel of the state government to or by any political subdivision of the state.
(3) Enter into a contract on behalf of the state to provide by lease or purchase to any individual in this state, any services, materials or equipment of the state, or under the jurisdiction or control of the state, for the purpose of alleviating hardships and distress of such individual arising from a disaster, and receive reimbursement on behalf of the state in whole or in part for such services, materials or equipment.
(b) The mayor of any city or the chairman of the board of county commissioners of any county of the state may: (1) Enter into such contract or lease with the state, or accept any such loan, or employ such personnel, and such political subdivision may equip, maintain, utilize and operate any such property and employ necessary personnel therefor in accordance with the purposes for which such contract is executed.
(2) Do all things and perform any and all acts which he or she may deem necessary to effectuate the purpose for which such contract was entered into.
History:
L. 1951, ch. 323, § 13; L. 1955, ch. 263, § 11; L. 1975, ch. 283, § 24; April 11.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-915 Immunity from liability of the state, local governments and certain individuals; Kansas tort claims act, applicability.

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, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer worker, or member of any agency, engaged in emergency management activities. The foregoing shall not affect the right of any person to receive benefits or compensation to which such person otherwise may be entitled under the workers compensation law or any pension law or any act of congress.
(b) Whenever a proclamation is issued declaring a state of disaster emergency pursuant to K.S.A. 48-924, and amendments thereto, neither the state nor any political subdivision of the state nor, except in cases of willful misconduct, gross negligence or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof, nor any volunteer worker, or member of any agency, engaged in any emergency management activities, complying with or reasonably attempting to comply with this act, or any proclamation, order, rule and regulation promulgated pursuant to the provisions of this act, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity performed during the existence of such state of disaster emergency or other such state of emergency.
(c) Any member of a regional medical emergency response team created under the provisions of K.S.A. 48-928, and amendments thereto, shall be deemed a state employee under the Kansas tort claims act, K.S.A. 75-6101, et seq., and amendments thereto.
History: L. 1951, ch. 323, § 14; L. 1975, ch. 283, § 25; L. 1994, ch. 248, § 5; L. 2002, ch. 149, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-916 Authority to accept services, gifts, grants and loans.

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, grant or loan, for purposes of emergency management, the state, acting through the governor or such political subdivision, acting with the consent of the governor and through its executive officer or governing body, may accept such offer and upon such acceptance the governor of the state or executive officer or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials or funds on behalf of the state or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
(b) Whenever any person, firm or corporation offers to the state or to any political subdivision thereof, services, equipment, supplies, materials or funds by way of gift, grant or loan, for purpose of emergency management, the state, acting through the governor, or such political subdivision, acting through its executive officer or governing body, may accept such offer and upon such acceptance the governor of the state or executive officer or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials or funds on behalf of the state or such political subdivision, subject to the terms of the offer.
(c) If an agreement pursuant to which an interjurisdictional disaster agency is established and functions so provides, such agency may accept, administer, utilize and expend grants, gifts or other assistance in the same manner provided for the state and political subdivisions in subsections (a) and (b).
History: L. 1951, ch. 323, § 15; L. 1975, ch. 283, § 26; L. 1994, ch. 248, § 6; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-917 Persons ineligible for employment.

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 overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States.
History: L. 1951, ch. 323, § 16; L. 1975, ch. 283, § 27; L. 1994, ch. 248, § 7; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-919 Employees, division of emergency management; expenses.

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, professional, clerical, stenographic and other personnel and may make such expenditures within the appropriation therefor, or from other funds made available to the adjutant general for the purpose of emergency management, as may be necessary to carry out the purposes of this act. Such employees shall be within the classified service and their compensation shall be determined as provided by the Kansas civil service act. The adjutant general and such employees may be reimbursed for their actual and necessary travel and other expenses incurred in connection with their official duties under this act, subject to the applicable provisions of article 32 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1955, ch. 263, § 12; L. 1959, ch. 234, § 1; L. 1975, ch. 283, § 28; L. 1994, ch. 248, § 8; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-920 Title of act.

48-920.
Title 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.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-922 Purchase of accident insurance for volunteer workers by cities; coverage; immunity; definitions.

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 under an interjurisdictional disaster agency pursuant to K.S.A. 48-930, and amendments thereto, may purchase accident insurance for the protection of those volunteer workers engaged in emergency management activities sustaining injury or death by accidental means as a result of such emergency management activities as the volunteer worker may be called on to perform when called into services in such capacity. The governing body of such city may purchase accident insurance from private insurance companies in such amounts and for such coverages as the city governing body may deem necessary and pay for such insurance out of the emergency management fund. The purchase of such insurance shall not constitute a waiver of the immunity of the city from any action or suit provided for in K.S.A. 48-915, and amendments thereto.
(b) As used in this section: (1) "Volunteer workers" means those natural persons who volunteer their services for the purpose of engaging in emergency management activities under a disaster agency established and maintained under K.S.A. 48-929 or 48-930, and amendments thereto; and
(2) "injury" means and includes all injuries to a volunteer worker received by accidental means while such volunteer worker is actually engaged in performing duties arising out of and in the course of such emergency management activities.
History: L. 1955, ch. 262, § 2; L. 1975, ch. 283, § 30; L. 1994, ch. 248, § 10; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-923 Limitations on effect of act.

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 existing danger to public health or safety;
(b) interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including but not limited to radio and television stations, wire services and newspapers, may be required by the governor to transmit or print public service messages, information or instructions in connection with a declared state of disaster emergency;
(c) affect, other than during a declared state of disaster emergency, the jurisdiction or responsibilities of police forces, fire fighting forces, units of the armed forces of the United States, or of any personnel thereof, when on active duty; but the state disaster emergency plan and local and interjurisdictional disaster emergency plans shall place reliance upon such forces which are available for performance of functions related to a declared state of disaster emergency; or
(d) limit, modify or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution, statutes or common law of this state independent of, or in conjunction with, any provisions of this act.
History:
L. 1975, ch. 283, § 3; L. 1994, ch. 248, § 11; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-924a Extension of state of disaster emergency declared for counties experiencing severe weather-related disaster on May 4, 2007.

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 declared by the governor pursuant to K.S.A. 48-924 by proclamation on May 4, 2007, for the counties of Kiowa, Barton, Stafford, Pratt, Edwards and Phillips as a result of the May 4, 2007, severe weather-related disaster in such counties, which was extended and continued in existence by the finance council on May 16, 2007, for the counties of Kiowa, Barton, Stafford, Pratt, Edwards and Phillips for an additional 30 days through June 18, 2007, and which was ratified and continued in effect for the county of Kiowa by the house concurrent resolution adopted by the house of representatives, the senate concurring therein, on May 22, 2007, for an additional period ending on October 31, 2007, may be further extended and continued in existence for the county of Kiowa for one or more additional periods after October 31, 2007, by the state finance council, by unanimous vote of all of the members of the council, acting on this matter which is hereby declared to be a matter of legislative delegation and subject to the guidelines prescribed by subsection (c) of K.S.A. 75-3711c, and amendments thereto, except that such state of disaster emergency for the county of Kiowa shall not be extended and continued in effect after January 14, 2008.
History:
L. 2007, ch. 202, § 3; May 31.
Revisor's Note:
For preamble to act, see chapter 202 of the 2007 Session Laws of Kansas.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 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.

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 of disaster emergency related to the COVID-19 public health emergency declared pursuant to K.S.A. 48-924, and amendments thereto, the governor may not issue an order that substantially burdens or inhibits the gathering or movement of individuals or operation of any religious, civic, business or commercial activity, whether for-profit or not-for-profit.
(b) Any order issued that violates or exceeds the restrictions provided in subsection (a) shall not have the force and effect of law during the period of a state of disaster emergency declared under K.S.A. 48-924(b), and amendments thereto, and any such order shall be null and void.
History:
L. 2020, ch. 1, § 6 (Special Session); L. 2021, ch. 1, § 6; L. 2021, ch. 7, § 7; March 25.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-926 State disaster emergency plan; rules and regulations.

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 and effective response to disaster;
(3) emergency relief;
(4) identification of areas particularly vulnerable to disasters;
(5) recommendations for zoning, building and other land-use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other emergency management measures designed to eliminate disasters or to reduce their impact;
(6) assistance to local officials in designing local and interjurisdictional disaster emergency plans;
(7) authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage or loss from disasters;
(8) preparation and distribution of a list of disaster emergency plans, training programs and other assistance available through federal, state and private assistance programs for the benefit of the state and the counties and cities thereof;
(9) organization of manpower and creation of chains of command;
(10) coordination of federal, state and local emergency management activities;
(11) utilizing the organization, personnel, equipment and resources of the Kansas wing of the civil air patrol; and
(12) such other matters as are necessary to accomplish the purposes of this act.
(b) The state disaster emergency plan, or any part thereof, may be included in rules and regulations adopted by the adjutant general under this act or orders issued by the governor under subsection (b) of K.S.A. 48-925, and amendments thereto.
History:
L. 1975, ch. 283, § 6; L. 1994, ch. 248, § 14; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-927 State resources management plan.

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 thereof, may be placed in effect by incorporating the same in orders issued by the governor under subsection (b) of K.S.A. 48-925, and amendments thereto.
History:
L. 1975, ch. 283, § 7; L. 1994, ch. 248, § 15; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-931 Development and revision of state, local and interjurisdictional disaster plans; advice and assistance of local government, business and civic leaders.

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 interjurisdictional disaster emergency plans prepared under K.S.A. 48-929 and 48-930, and amendments thereto. To this end, the division of emergency management shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to counties and cities, their disaster agencies and interjurisdictional disaster agencies. These personnel shall consult with such counties, cities and disaster agencies on a regularly scheduled basis and shall make field examinations of the areas, circumstances and conditions to which particular local or interjurisdictional disaster emergency plans are intended to apply. The division of emergency management may require revisions of such plans on the basis of such examinations.
(b) In preparing and revising the state disaster emergency plan, the division of emergency management shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations and community leaders. In advising county, city and interjurisdictional disaster agencies which are developing or revising disaster emergency plans, the division of emergency management shall encourage such disaster agencies also to seek such advice and assistance.
History:
L. 1975, ch. 283, § 11; L. 1994, ch. 248, § 19; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-933 Duty of individuals during disaster emergencies; compensation for loss of property, exceptions; claims procedure.

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 detract from the ability of the state and the public successfully to meet disasters. This obligation includes appropriate personal service and use or restriction on the use of property during a declared state of disaster emergency under K.S.A. 48-924, and amendments thereto, or a declared state of local disaster emergency under K.S.A. 48-932, and amendments thereto. This act neither increases nor decreases these obligations, but recognizes their existence under the constitution and statutes and the common law of this state. Compensation for services or for the taking or use of property shall be only to the extent that obligations recognized in this subsection are exceeded in a particular case and then only to the extent that the claimant may not be deemed to have volunteered services or property without compensation.
(b) No personal services may be compensated by the state or any subdivision or agency thereof, except pursuant to statute enacted or ordinance duly adopted therefor.
(c) Compensation for property shall be only if the property was commandeered or otherwise used in coping with a disaster and its use or destruction was ordered by the governor, adjutant general, an official of a county, city or interjurisdictional disaster agency, or some other authorized member of the emergency management forces of this state.
(d) Any person claiming compensation for the use, damage, loss or destruction of property under this act shall file a claim therefor in the district court in the same manner as any other civil action. The court shall determine the validity of such claim in the same manner and under the same conditions prescribed for condemnation actions pursuant to K.S.A. 26-501 et seq., and amendments thereto. Unless the amount of compensation on account of property damaged, lost or destroyed is agreed upon by the claimant and the adjutant general, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation law of this state.
(e) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a fire break or for the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood.
History:
L. 1975, ch. 283, § 13; L. 1994, ch. 248, § 20; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-934 Duties and immunities of law enforcement, military and other authorized personnel.

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 or property during a state of disaster emergency proclaimed under K.S.A. 48-924, shall have all powers, duties and immunities of peace officers of the state of Kansas in addition to all powers, duties and immunities now otherwise provided by law and shall be immune from civil and criminal liability for acts reasonably done by them in the performance of their duties so long as they act without malice and without the use of excessive or unreasonable force. All such personnel shall have the authority to enforce any and all ordinances of any municipality within an area affected by disaster as indicated in the proclamation of a state disaster emergency under K.S.A. 48-924, and for such purpose, all such personnel shall be considered to be authorized officers of said municipality.
History:
L. 1975, ch. 283, § 14; April 11.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-935 Force and effect of municipal ordinances during disaster emergencies.

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 under K.S.A. 48-932, shall be in full force and effect except for the provisions of such ordinance which are in conflict with any provision of this act or of the state disaster emergency plan or of the applicable local and interjurisdictional disaster emergency plans in which case such conflicting provisions of such ordinance shall be null and void for all purposes.
History:
L. 1975, ch. 283, § 15; April 11.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-936 Immunity from liability for persons in control of certain premises.

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 of such real estate or premises for the purpose of sheltering persons during an actual or impending, nuclear practice attack or disaster, together with his or her successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises, or the loss of or damage to the property of such person, at any time such real estate or premises are actually used for such purpose.
History:
L. 1975, ch. 283, § 16; April 11.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-937 Communications systems during disasters; recommendations to governor.

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 supplementing these communications resources or of integrating them into a comprehensive state or state and federal telecommunications or other communications system which may be established for purposes of emergency management. In studying the character and feasibility of any such system or its several parts, the division of emergency management shall consult thereon with the secretary of administration and the executive chief information technology officer and evaluate the possibility of the multi-purpose use of such a system for general state and local government purposes. The division of emergency management shall make recommendations regarding such communications systems to the governor as appropriate.
History:
L. 1975, ch. 283, § 17; L. 1994, ch. 248, § 21; L. 2013, ch. 62, § 3; July 1.