reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-202 Staff officers; qualifications; vacancies.

48-202.
Staff officers; qualifications; vacancies.
All staff officers of the Kansas national guard, including officers of the pay, inspection, subsistence, and medical departments, hereafter appointed shall have had previous military experience, and shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose; and all vacancies among said officers shall be filled by appointment from the officers of the militia of Kansas. Nothing in this section shall be construed or operate to limit the provisions of any federal law relative to the qualifications for appointment of officers or the filling of vacancies.
History:
L. 1917, ch. 220, § 2; February 8; R.S. 1923, 48-202.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-206 Duties of finance and disbursing officer; vouchers and warrants.

48-206.
Duties of finance and disbursing officer; vouchers and warrants.
The finance and disbursing officer, shall perform such duties in connection with the Kansas national guard as usage and the regulations of the army of the United States assign to the finance and disbursing departments. He or she will, pursuant to the orders of the adjutant general, disburse the armory rent allowance for the several organizations of the Kansas national guard entitled to the same and the allowances made to the several headquarters for postage and contingent expenses, and such allowances as the legislature may make to the minor military departments of the state; he or she will disburse upon approved vouchers the appropriations for semiannual inspection of companies, for active service, for purchase of marksmanship badges, for schools for officers, and all other pay and allowances to which officers and enlisted persons of the Kansas national guard may be entitled to according to law. The state controller is authorized to draw the necessary warrants against the foregoing appropriations in favor of the finance and disbursing officer on presentation of an itemized voucher made in conformity with the laws of the state and approved by the governor and the adjutant general.
History:
L. 1901, ch. 255, § 6; L. 1921, ch. 206, § 5; R.S. 1923, 48-206; L. 1947, ch. 306, § 2; April 15.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-208 Appointments and commissions.

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. 46-2601, and amendments thereto, no person appointed as a general officer shall exercise any power, duty or function as a general officer until confirmed by the senate. The commissions of all officers shall be signed by the governor and secretary of state and attested by the adjutant general under the seal of state.
History:
L. 1901, ch. 255, § 10; L. 1905, ch. 303, § 1, (10); L. 1909, ch. 173, § 4; L. 1921, ch. 206, § 6; R.S. 1923, 48-208; L. 1982, ch. 347, § 22; L. 2008, ch. 121, § 7; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-209 Terms of officers; order to active service by governor, when; rank; compensation.

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 the age of sixty-four (64) years unless the same shall have been terminated according to federal law. Upon the recommendation of the adjutant general, the governor may order any person on the state retired list to active service of the state for the purpose of serving on military courts or boards or performing staff duty in or with the active militia and in time of emergency to perform any military duty in or with the active militia. In any such case, the person so ordered shall rank in his or her grade from the date of such order. Pay and allowances while on active service of the state shall be as provided for in K.S.A. 48-225, or any amendments thereto, except that time spent on the state retired list shall not be credited in the computation of seniority or pay.
History: L. 1901, ch. 255, § 13; L. 1909, ch. 173, § 2; L. 1915, ch. 241, § 1; L. 1917, ch. 220, § 3; R.S. 1923, 48-209; L. 1959, ch. 230, § 1; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-210 Enlistments; standard physical examinations; medical fee.

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 enlisted or re-enlisted in the Kansas army or air national guard, shall be required to pass the standard physical examination prescribed for recruits enlisting in the army of the United States. The medical officer or physician making such examination shall be allowed a fee of three dollars ($3) for each applicant examined.
History: L. 1901, ch. 255, § 14; L. 1915, ch. 241, § 2; L. 1921, ch. 206, § 7; R.S. 1923, 48-210; L. 1947, ch. 306, § 3; L. 1961, ch. 259, § 1; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-211 Discharge or retirement for disability; retired list; exemption from jury duty, when.

48-211.
Discharge or retirement for disability; retired list; exemption from jury duty, when.
Enlisted personnel of the Kansas army and air national guard who are unable, on account of permanent physical disability, to perform the duties required of them shall be discharged from the military service of the state under such regulations as shall be promulgated by the military board. All commissioned officers, warrant officers, and noncommissioned officers who have reached the age of 64 years and those who are found to be permanently disabled through no fault of their own shall be retired from active service and placed on the retired list; and those who have served 10 years, honorably, in the military service of the United States or in any state or territory thereof and shall make application for the same may be placed upon the retired list.
All members of the Kansas army and air national guard shall be exempt from jury duty during the annual muster and camp instruction, during the time the member is ordered by the governor to perform active state service under K.S.A. 48-238 or 48-241 or during the time the member is ordered to perform active state service under K.S.A. 48-242.
History:
L. 1901, ch. 255, § 15; L. 1915, ch. 241, § 3; L. 1917, ch. 224, § 1; R.S. 1923, 48-211; L. 1970, ch. 209 § 1; L. 1981, ch. 212, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-212 Oath of officers and enlisted persons.

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.
History:
L. 1901, ch. 255, § 16; L. 1921, ch. 206, § 8; May 25; R.S. 1923, 48-212.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-213 Federal requirements applicable to officers; minimum age; vacancies in commissioned grades.

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 army of the United States: Provided, however, That the minimum age for commissioning of officers is reduced to the age of eighteen (18) for either graduates of accredited officer candidate schools, or commissioned officers of the army reserve who apply for federal recognition in the army national guard. Whenever vacancies occur in any of the commissioned grades they shall be filled in accordance with rules and regulations prescribed by the military board and approved by the commander in chief.
History:
L. 1901, ch. 255, § 18; L. 1915, ch. 241, § 5; R.S. 1923, 48-213; L. 1972, ch. 204, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-214 Military advisory board; duties.

48-214.
Military advisory board; duties.
There shall be a Kansas military board consisting of the adjutant general, who shall be recorder, the judge advocate general, the three senior commanders of the Kansas army national guard and the senior commander of the Kansas air national guard; there may be three additional members appointed at the discretion of the governor. The military board shall constitute an advisory board to the commander in chief on military matters and said board is hereby authorized and empowered to prepare the necessary rules, provisions and regulations, together with such amendments and changes as may be required and made from time to time, and when approved by the commander in chief shall be in full force and effect from the date of their publication in general orders; and it shall be the duty of said board, subject to the approval of the commander in chief, to make such changes in the military organization or organizations of the state from time to time as they deem for the best interests of the service: Provided, Such changes are in accordance with the laws governing the regular army and regular air force of the United States and the regulations issued by the secretary of defense, department of the army and the department of the air force of the United States.
History: L. 1901, ch. 255, § 19; L. 1909, ch. 173, § 3; L. 1921, ch. 206, § 9; R.S. 1923, 48-214; L. 1953, ch. 260, § 1; L. 1965, ch. 336, § 1; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-215 Meetings of the state military board; compensation and allowances.

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. Members of the state military board attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.
History: L. 1901, ch. 255, § 20; L. 1905, ch. 303, § 1 (20); R.S. 1923, 48-215; L. 1947, ch. 306, § 4; L. 1949, ch. 298, § 1; L. 1959, ch. 231, § 1; L. 1974, ch. 348, § 20; L. 1984, ch. 197, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-216 Uniforms, arms and equipment.

48-216.
Uniforms, arms and equipment.
Every commissioned officer of the Kansas national guard shall provide himself or herself with a suitable uniform, arms and equipments within sixty days from date of the commission; but every noncommissioned officer, musician and private shall be furnished with a uniform, arms and equipments free of expense, as hereinafter provided. The uniforms of the Kansas national guard shall conform as nearly as practicable to the undress uniform adopted for the army of the United States, and the governor shall make requisition on the secretary of war against the allotment to the state of Kansas by the general government to provide arms and equipment for the militia, from time to time, as uniforms may be required for the purposes provided in this act; and the military board shall prescribe the rules and regulations under which said uniforms and equipment shall be issued to and used by the Kansas national guard.
History:
L. 1901, ch. 255, § 21; May 1; R.S. 1923, 48-216.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-217 Use of ordnance or supplies issued by the United States; ammunition for salutes.

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 for providing arms and equipments for the militia, shall be issued or loaned to any school or educational or charitable institution or society, or any independent military organization, or in any way diverted from the specific purpose and intent of the general government in making the appropriation for supplying equipment to the militia of the several states and territories; but said ordnance and quartermaster's supplies and other public property belonging to the United States shall be issued only to the organized militia as recognized in this act, or to the reserve militia, when called out and organized as is herein provided: Provided, That ammunition may be expended at a military funeral, or at the burial of any old soldier or citizen of the state entitled to military honors, or in firing salutes at public ceremonies, when so ordered by the commander in chief.
History:
L. 1901, ch. 255, § 22; May 1; R.S. 1923, 48-217.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-218 Use and storage of property.

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 state. All property issued to a brigade, regimental, battalion or company commander, or to any band, corps, or auxiliary squad, or to any military organization whatever, when not in legitimate use, shall be carefully stored and protected from waste, theft, loss, or injury. No officer or enlisted person of the Kansas national guard shall assume any rights by reason of such membership that are not in accord with the foregoing instructions.
History:
L. 1901, ch. 255, § 23; May 1; R.S. 1923, 48-218.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-219 Penalty for unlawful acts affecting property.

48-219.
Penalty for unlawful acts affecting property.
Whoever shall secrete, sell, dispose of, or offer for sale, or in any manner pawn or pledge, or retain or refuse to deliver to an officer entitled to take possession thereof, any uniform, arms or equipment, the property of the United States, which shall have been secured under the provisions of this act, or any military property belonging to the state of Kansas, and any member of the Kansas national guard who shall, when not on duty, wear any such uniform or equipment without the permission of the member's commanding officer, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than ten or more than thirty days, or by a fine of not less than ten dollars nor more than one hundred dollars.
History:
L. 1901, ch. 255, § 24; May 1; R.S. 1923, 48-219.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-221 Unit training assemblies; application of federal rules and regulations; record of attendance; trial of personnel absent without leave.

48-221.
Unit training assemblies; application of federal rules and regulations; record of attendance; trial of personnel absent without leave.
Each and every organization of the Kansas national guard or the Kansas air national guard authorized by and organized under this act shall assemble for a minimum of forty-eight (48) unit training assemblies annually, for training periods of not less than four hours in duration, as prescribed by federal laws and regulations for federally recognized units of the army and air national guard in effect on January 1, 1973. Federal laws and regulations, governing the armed forces of the United States and the national guard in effect on January 1, 1973, insofar as the same are applicable and not inconsistent with the laws or constitution of this state, shall apply to and govern the training of military forces of this state.
A record of the attendance of all unit training assemblies shall be kept by the commanding officer of the unit and the commanding officer shall cause all enlisted personnel absent without leave, who do not present a satisfactory excuse for their absence to be tried by a summary court as provided for in the Kansas code of military justice, K.S.A. 48-2101 et seq.
History: L. 1901, ch. 255, § 27; L. 1903, ch. 359, § 1 (27); L. 1915, ch. 241, § 7; R.S. 1923, 48-221; L. 1953, ch. 261, § 1; L. 1973, ch. 214, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-222 Annual muster and camp of instruction; duty to attend; unlawful acts by employer, penalty.

48-222.
Annual muster and camp of instruction; duty to attend; unlawful acts by employer, penalty.
There shall be an annual muster and camp of instruction of the Kansas national guard at such time and place or places as the commander in chief may designate, at which time the several organizations of the Kansas national guard shall be drilled, inspected and reviewed and exercised in military tactics and maneuvers in accordance with the orders of the officer in command of the camp. When under exclusive state jurisdiction, said camp of instruction shall continue for a period of not less than five days nor more than ten days, and shall be governed by such rules and regulations as shall be prescribed by the military board and approved by the commander in chief. When such camp of instruction shall be in connection with and a part of an encampment of militia and the regular army of the United States, it may be extended beyond the limit of ten days, and shall be under the control and jurisdiction of the officer of the United States army in command.
It shall be the duty of each commissioned officer and enlisted person of the Kansas national guard to be present and perform all duties required of him or her at each annual muster and camp of instruction, unless regularly excused by competent authority; and it shall be a misdemeanor for any employer to refuse permission to any employee who is a member of the Kansas national guard to attend drill or annual muster, or perform active service, when so ordered by the commander in chief; and any employer who shall refuse, or shall discharge an employee from service or shall in any way punish an employee for being absent in the performance of military duty, when so ordered by competent authority, shall on conviction be punished by a fine of not less than five dollars nor more than fifty dollars for each offense.
History:
L. 1901, ch. 255, § 28; L. 1903, ch. 359, § 1 (28); June 1; R.S. 1923, 48-222.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-223 Semiannual inspections of regiments and battalions and annual property inspection; compensation of officers.

48-223.
Semiannual inspections of regiments and battalions and annual property inspection; compensation of officers.
There shall be a semiannual inspection of each regiment and separate battalion of the Kansas national guard, made by the commanding officer thereof or under the officer's supervision, to be designated respectively as "spring" and "fall" inspection. Each company and auxiliary organization and each battery shall be inspected at its armory, in accordance with the requirements of the regulations governing such inspections prepared and promulgated by the military board and the special instructions of the commander in chief: Provided, That should a regiment or part of a regiment be mobilized during the spring or fall, the semiannual inspection may be made at that time. The officer making the semiannual inspection, when not under pay at a regular camp of instruction, will be entitled to receive as compensation, for the reasonable and necessary time employed and in traveling to and from, five dollars per day, and the necessary expenses for travel and subsistence in line of duty during the time such service is rendered. Sworn vouchers minutely itemized shall be filed in duplicate with the adjutant general before such claim for services and expenses can be paid.
There shall be, in addition to the regular semiannual inspection, an annual property inspection made by an officer from the office of the adjutant general, or some officer of the governor's staff or a regular army officer detailed thereon or some officer of the Kansas national guard detailed for such duty by the adjutant general, on such date or dates as the adjutant general shall designate. The inspecting officer shall inspect every item of United States and state military property in the possession of each organization of the Kansas national guard, and will verify the same with the accounts rendered by each responsible officer; the inspecting officer shall have authority to pass upon the serviceableness or suitability of each item of property submitted to him or her for such inspection, and to order property deemed by him or her to be unserviceable or unsuitable shipped at once to the state arsenal.
If the inspecting officer is other than a salaried officer of the governor's staff or an officer of the regular army, he or she shall be entitled to compensation, for the actual and necessary time employed in traveling to and from and making such property inspection, at the rate of five dollars per day. All officers making such property inspection, shall be entitled to reimbursement for necessary and actual expenses for travel and subsistence while making such annual property inspection.
History:
L. 1901, ch. 255, § 29; L. 1903, ch. 359, § 1 (29); June 1; R.S. 1923, 48-223.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-224 Rations and clothing allowances when in actual service.

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 service, be entitled to the same rations and allowances for clothing as are at the time of the said service allowed by law to the army of the United States.
History:
L. 1901, ch. 255, § 30; R.S. 1923, 48-224; L. 1979, ch. 168, § 2; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-225 Pay and allowances; health insurance, reimbursement of costs, when; active state service in nonemergency situation; active duty; details.

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 person shall receive from the state, pay and allowances as may be authorized by the adjutant general at the rate now or hereafter paid or allowed by law to officers and enlisted persons of the same rank and length of service in the armed forces of the United States. The minimum amount of such pay and allowances shall not be less than the amount received by an individual in the pay grade of E-6 with six years of military service credited for pay purposes. During any period or consecutive periods of state active duty in excess of 30 days, an officer or enlisted member of Kansas national guard shall be entitled to reimbursement of the officer's or member's cost of privately-purchased or employer-provided health insurance for such officer or member and such officer's or member's family when the policy of insurance was in force prior to such officer or member being ordered to perform active state service. Such reimbursement shall not exceed the amount paid for premiums for individual or family health insurance coverage under the state employees group health insurance plan. The reimbursement shall be treated as an allowance and paid by the state and shall be considered as a cost of state active duty. If any part of the compensation of such persons for the above service is paid by the United States, then there shall be paid from state funds, only that part thereof not paid by the United States.
(b) The governor shall have authority to detail any member of the governor's staff or any other officer or enlisted person of the Kansas national guard upon any tour of military duty or to attend any military or civil ceremony, within or without the state, as the governor may deem for the best interest of the service.
History: L. 1901, ch. 255, § 31; L. 1903, ch. 359, § 1 (31); L. 1905, ch. 303, § 1 (31); L. 1907, ch. 248, § 1 (31); L. 1911, ch. 2, § 9; L. 1915, ch. 241, § 8; L. 1917, ch. 221, § 1; L. 1919, ch. 284, § 9; L. 1921, ch. 206, § 2; R.S. 1923, 48-225; L. 1947, ch. 306, § 6; L. 1955, ch. 261, § 1; L. 1968, ch. 294, § 1; L. 1972, ch. 205, § 1; L. 1979, ch. 168, § 1; L. 1988, ch. 190, § 1; L. 1992, ch. 163, § 1; L. 2001, ch. 148, § 1; L. 2002, ch. 85, § 1; May 2.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-227 Resumption of guard service after release from federal service.

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 their discharge, muster out or release from the service of the United States, resume their membership in the Kansas national guard and shall continue to serve therein until the dates upon which their commissions or enlistments entered into prior to their call or draft would have expired if uninterrupted.
History:
L. 1921, ch. 206, § 11; May 25; R.S. 1923, 48-227.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-228 Distribution of laws.

48-228.
Distribution of laws.
As soon as practicable after the passage of this act the military laws of the state shall be printed by the state printer and distributed by the adjutant general to the officers of the Kansas national guard.
History:
L. 1921, ch. 206, § 12; May 25; R.S. 1923, 48-228.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-237 Dues and fines; collection and disposition.

48-237.
Dues and fines; collection and disposition.
Dues levied by the bylaws of any organization may be collected by civil suit, without right of stay; and all suits for the collection of fines or dues shall be brought in the name of the state of Kansas for the use of the company or battery, but in no case shall the state pay any costs of such suit. In all criminal prosecutions for violations of the provisions of this act, fines and penalties shall be paid to the state treasurer pursuant to K.S.A. 20-2801, and any amendments thereto.
History:
L. 1901, ch. 255, § 37; R.S. 1923, 48-237; L. 1973, ch. 106, § 11; L. 1978, ch. 105, § 15; January 1, 1979.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-238 Calling out militia.

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 reasonable apprehension thereof, to call upon the national guard to defend the state or aid the civil authorities to enforce the laws thereof; and when the president of the United States shall make a call or requisition for troops, the governor shall first order into the service the organizations of the Kansas national guard and the officers thereof, of such organizations and arms of service as are specified in said requisition, and the governor is empowered and shall direct the respective officers thereof to recruit said organizations to conform in number to similar organizations in the army of the United States, or as may be required in said requisition.
History:
L. 1901, ch. 255, § 38; May 1; R.S. 1923, 48-238.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-239 Call and organization of volunteers; discharge.

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 from the reserve militia of the state, and provide for their examination and mobilization, and form the same into additional companies, battalions and regiments as may be required, and appoint and commission officers therefor; and said troops, when called for by the president of the United States and ordered into service thereof, shall serve within or without the state as he or she may direct, and during the time specified in said call or requisition; and where volunteers are called into the service of the state only, they shall be subject to the same discipline and penalties and receive the same pay as the regular national guard of the state; and such temporary volunteers shall be discharged when directed by the commander in chief, or as soon as the emergency for which they were required has passed.
History:
L. 1901, ch. 255, § 39; May 1; R.S. 1923, 48-239.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-240 Duty of commanding officer in case of invasion, insurrection or public disaster.

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 commander in chief, or in the commander in chief's absence the adjutant general, of the conditions that exist, and to hold himself or herself in readiness to mobilize his or her command and carry out the orders he or she may receive from competent authority.
History:
L. 1901, ch. 255, § 40; R.S. 1923, 48-240; L. 1957, ch. 306, § 4; June 29.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-241 Ordering militia into active service.

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 state that the commander in chief deems necessary in case of: (1) A request by civil authorities to support federal or state law enforcement agencies in counter-drug and drug interdiction operations when such request is approved by the commander in chief; (2) a need for personnel to support the adjutant general's department during a local, state or federal disaster or other mission; or (3) breaches of the peace, tumult, riot, resistance to process in this state, public disaster or imminent danger thereof. All members of the national guard or other militia or military organization who are ordered out by proper authority for such duty shall not be liable to civil prosecution for any act or acts done by them except for willful misconduct beyond the scope of their official duties.
History: L. 1901, ch. 255, § 41; R.S. 1923, 48-241; L. 1957, ch. 306, § 5; L. 1992, ch. 256, § 1; L. 2006, ch. 105, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 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.

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 the Kansas state guard is prosecuted by civil or criminal action for any act performed or committed while a member, or an act caused, ordered or directed by such member to be done or performed, in furtherance of or while in the performance of military duty, all of the expense of the defense of such actions, civil or criminal, including attorney's fees, witnesses' fees for the defense, defendant's court costs and all costs for transcripts of records and abstracts thereof on appeal by the defense, shall be paid by the state in accordance with the provisions of this section. The attorney general shall be consulted first in regard to the selection of the attorney for the defense and shall have approved thereof, except that the attorney general may assume, if he or she sees fit, the responsibility for the defense of such member and may conduct the same personally or by one or more assistant attorneys general. The expense of such defense shall be paid by the attorney general from moneys made available to the attorney general for such purpose upon vouchers approved by the attorney general and in accordance with the provisions of appropriation acts.
History:
L. 1968, ch. 78, § 2; L. 1976, ch. 372, § 1; L. 1977, ch. 290, § 6; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-242 Call by sheriff or mayor for aid.

48-242.
Call by sheriff or mayor for aid.
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 commander in chief, or in his or her absence upon the adjutant general, for aid, said request to be in writing or by telegraph; and it shall be the duty of the commander in chief or the adjutant general, if in that officer's judgment the circumstances demand military aid, to order into the active service of the state the available militia in such numbers and organizations as the conditions require. The commanding officer of such militia will report to the sheriff or mayor asking aid, and will cooperate with him or her and the civil authorities, and will render all assistance in his or her power to preserve the peace and execute the laws of the state.
The commanding officer of such militia called into active service shall handle and maneuver the command in accordance with his or her own judgment; and if the commanding officer has reason to believe that the civil authorities are not acting judiciously, or are not sincerely endeavoring to preserve the peace or execute the laws, the commanding officer shall at once report the fact to the commander in chief, by telegraph if possible, and hold himself or herself in readiness to carry out such instructions as he or she may receive in response.
History:
L. 1901, ch. 255, § 42; R.S. 1923, 48-242; L. 1957, ch. 306, § 6; June 29.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-243 Failure to obey orders or to cooperate with civil authorities.

48-243.
Failure to obey orders or to cooperate with civil authorities.
The commanding officer of a military organization ordered into active service shall faithfully perform the duties required of him or her, and such officer shall not hinder or prevent the civil authorities in a faithful performance of their duties, nor shall any officer or enlisted person neglect or refuse to obey the orders of the commanding officer issued in line of duty. Should any commissioned officer so offend, the officer shall be subject to trial by court-martial, and shall be liable to a fine of not more than one hundred dollars, or imprisonment in the county jail for a period not exceeding six months, and may be dishonorably discharged from the service; should an enlisted person so offend, he or she shall be liable to a fine of not less than ten nor more than fifty dollars, or imprisonment in the county jail for a period not exceeding three months, as may be fixed by the military court, and may be dishonorably discharged from the service.
History:
L. 1901, ch. 255, § 43; May 1; R.S. 1923, 48-243.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-244 Report for duty when called into active service.

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 immediate commanding officer for duty; and no officer or enlisted person can be excused from duty except by order of the commander in chief, unless he or she shall present a certificate of disability certified to by a reputable physician; when such certificate of disability is presented, excuse may be granted by the immediate commanding officer.
History:
L. 1901, ch. 255, § 44; May 1; R.S. 1923, 48-244.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-245 Uniforms, arms and equipment exempt from suit, execution or sale for debt.

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.
History:
L. 1901, ch. 255, § 45; R.S. 1923, 48-245; L. 1975, ch. 495, § 12; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-246 Location of new companies; method of organization; muster out and discharge.

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 and the efficiency of the organization maintained. The national guard companies shall be distributed through the state, as far as it can be done without too great expense being entailed upon the state and the requirements of rapid mobilization will admit. The method of organization and muster will be in accordance with the regulations adopted by the military board and approved by the governor.
Companies shall, in general, be mustered out and discharged when they become inefficient, and, falling below the minimum number of enlisted persons required by statute, they fail to recruit a sufficient membership within a reasonable time; such discharges to be made by action of the military board, on the recommendation of the regimental commander; but the governor as commander in chief of the militia shall have power to muster out and discharge at any time any company of the national guard comprising the active militia of the state.
History:
L. 1901, ch. 255, § 46; May 1; R.S. 1923, 48-246.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-247 Same; administration of oath of enlistment.

48-247.
Same; 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 commissioned officer in command of a company, battery, corps, auxiliary squad, battalion, regiment or brigade shall have power to administer the oath of enlistment. To recruits for regimental bands, the oath of enlistment may be administered by the commanding officer of the nearest company or battery of the national guard or by a civil officer competent to administer oaths.
History:
L. 1901, ch. 255, § 48; May 1; R.S. 1923, 48-247.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-248 Oath of officers.

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. 1905, ch. 303, § 1 (49); R.S. 1923, 48-248; L. 1967, ch. 434, § 15; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-249 Existing organizations.

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 continued in the service of the state on the basis of the present organization and muster.
History:
L. 1901, ch. 255, § 50; May 1; R.S. 1923, 48-249.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-251 Warrants of director of accounts and reports.

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 bills and estimates, verified by affidavits of the claimants, audited by the state military board, and approved by the governor.
History:
L. 1885, ch. 142, § 35; May 1; R.S. 1923, 48-251.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-252 Transportation of troops and equipment.

48-252.
Transportation of troops and equipment.
All railroad companies operating in the state of Kansas shall, when furnishing transportation for troops of any sized command traveling under orders of the military department of the state of Kansas, transport on the same train for each full ticket of transportation taken 150 pounds of personal baggage, equipment, subsistence stores or impedimenta thereunto belonging, excluding that part of the equipment carried by an equipped soldier, free from all charge: And provided further, That, after deducting from the gross weight of personal baggage, equipment, stores and impedimenta the full amount of 150 pounds for each full ticket taken, the remainder of such personal baggage, equipment, stores and impedimenta shall be transported at freight rates: And provided further, That the military department of the state of Kansas shall have full authority as to the manner of preparing the various articles for shipment, their disposition in the cars furnished, and the right to send personal guards with such cars.
History: L. 1915, ch. 242, § 1; May 22; R.S. 1923, 48-252.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-252a Movement of state and national military forces; exemption from traffic regulations; priority of right-of-way, exceptions.

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, critical supplies or equipment, or during any national or state emergency, shall not be restricted by state or municipal traffic regulations, and shall have the right-of-way on any street or highway through which they may pass against all except carriers of the United States mail and other emergency vehicles.
History:
L. 1968, ch. 64, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-252b Authorizing certain military personnel to direct traffic on public roads and highways.

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 state or any other state authority to direct or regulate traffic upon the streets, roads and highways within the state of Kansas when military vehicles or convoys, or the private vehicles of such military personnel and national guardsmen being operated while reporting for or departing from duty may affect the safety of persons and property upon and using such streets, roads and highways.
History:
L. 1972, ch. 289, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-252c Same; application for authority; contents.

48-252c.
Same; application for authority; 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 the military vehicles or convoy will operate. Such application shall:
(a) Identify the military unit or national guard unit whose vehicles will be using the state roads and highways;
(b) state the name and rank of the commanding officer of the said military unit or national guard unit;
(c) set forth the route over which the said military vehicles or convoys will pass;
(d) state the anticipated number of vehicles in the convoy;
(e) state the date(s) and time(s) the vehicles or convoy expects to use such route.
History:
L. 1972, ch. 289, § 2; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-252d Same; limitations.

48-252d.
Same; limitations.
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:
L. 1972, ch. 289, § 3; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-253 Annual civilian rifle-team competition; expense of.

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 rifle-team competition and tryout for places on the rifle team selected to represent Kansas at the annual shoots held by the National Rifle Association, and of selecting members of such teams.
History:
L. 1929, ch. 61, § 1; March 19.