reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-938 Federal grants to individuals and families; powers and duties of governor; amount of state share; maximum amount, determination.

48-938.
Federal grants to individuals and families; powers and duties of governor; amount of state share; maximum amount, determination.
Whenever the president of the United States, pursuant to the federal Robert T. Stafford disaster relief and emergency assistance act and the federal disaster relief and emergency assistance amendments of 1988, has declared a major disaster to exist in this state, the governor is hereby authorized to apply for, accept and disburse grants from the federal government pursuant to section 411 of the federal disaster relief and emergency assistance amendments of 1988, in order to meet the disaster-related necessary expenses or serious needs of individuals or families in this state who are adversely affected by such major disaster which cannot be met adequately from other means. In order to implement and administer such grant program and to make financial grants thereunder, the governor is hereby authorized to enter into an agreement with the federal government, or any officer or agency thereof, pledging the state to provide the state share of such financial grants, subject to the allocation of funds for such purpose by the state finance council from the state emergency fund, as provided in K.S.A. 75-3713 and amendments thereto. The state share of any grant made pursuant to this section to meet disaster-related necessary expenses and serious needs of individuals and families in this state shall not exceed 25% of the actual cost of such expenses and needs as authorized by section 411 of the federal disaster relief and emergency assistance amendments of 1988 and in any event shall not exceed, in the aggregate to any one individual or family with respect to any one major disaster, the maximum amount determined for the current fiscal year under this section. The maximum amount of the state share of such financial grants under this section for the fiscal year ending June 30, 1990, shall be $2,500. The maximum amount for each fiscal year thereafter shall be determined by the adjutant general on or before July 1 of such fiscal year and shall be equal to the maximum amount for the preceding fiscal year plus an additional amount determined by the adjutant general to be proportionally equal to the increase, if any, by which the consumer price index for all urban consumers published by the United States department of labor for the preceding calendar year, exceeds that index for the second preceding calendar year.
History:
L. 1975, ch. 283, § 18; L. 1989, ch. 158, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-939 Civil penalty for intentional violation of act or rules and regulations, orders or proclamations thereunder; enforcement through civil action by the attorney general or county or district attorney; injunction or restraining order; criminal penalty for knowing violation of certain orders.

48-939. Civil penalty for intentional violation of act or rules and regulations, orders or proclamations thereunder; enforcement through civil action by the attorney general or county or district attorney; injunction or restraining order; criminal penalty for knowing violation of certain orders.
(a) (1) Except as provided in paragraph (2), a person who intentionally violates any provision of this act, any rule and regulation adopted by the adjutant general under this act or any lawful order or proclamation issued under authority of this act whether pursuant to a proclamation declaring a state of disaster emergency under K.S.A. 48-924, and amendments thereto, or a declaration of a state of local disaster emergency under K.S.A. 48-932, and amendments thereto, may incur a civil penalty in an amount not to exceed $2,500 per violation. Each penalty may be assessed in addition to any other penalty provided by law.
(2) A knowing violation of an executive order issued pursuant to K.S.A. 48-925, and amendments thereto, that mandates a curfew or prohibits public entry into an area affected by a disaster is a class A nonperson misdemeanor.
(b) Violations of subsection (a)(1) shall be enforced through an action brought under chapter 60 of the Kansas Statutes Annotated, and amendments thereto, by the attorney general or the county or district attorney in the county in which the violation took place. Civil penalties sued for and recovered by the county or district attorney shall be paid into the general fund of the county where the proceedings were instigated.
(c) The attorney general or any county or district attorney may bring an action to enjoin, or to obtain a restraining order, against a person who has violated, is violating or is otherwise likely to violate this act.
History:
L. 1975, ch. 283, § 20; L. 2020, ch. 1, § 36 (Special Session); L. 2021, ch. 7, § 9; March 25.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-940 Title of act.

48-940.
Title of act.
This act shall be known and may be cited as the Kansas nuclear safety emergency management act.
History:
L. 1993, ch. 113, § 1; L. 1994, ch. 248, § 22; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-941 Definitions.

48-941.
Definitions.
As used in this act:
(a) "Emergency planning zone" means an area surrounding a nuclear facility for which planning is needed to assure that prompt and effective actions can be taken to protect the public in the event of an accident at the facility. Each nuclear facility shall have, as a minimum a plume exposure pathway planning zone consisting of an area of approximately 10 miles radius surrounding the facility and an ingestion exposure pathway planning zone consisting of an area approximately 50 miles in radius surrounding the facility.
(b) "Emergency management" has the meaning ascribed thereto by K.S.A. 48-904, and amendments thereto.
(c) "Nuclear facility" means any facility which utilizes nuclear energy to produce electricity and which has all or any part of an emergency planning zone within Kansas.
(d) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, or any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing.
History:
L. 1993, ch. 113, § 2; L. 1994, ch. 248, § 23; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-943 Rules and regulations; personnel.

48-943.
Rules and regulations; personnel.
(a) The adjutant general shall adopt rules and regulations necessary to administer and implement the provisions of this act. Such rules and regulations shall include a schedule for the submission of emergency management budget requests by participating state and local government agencies and for the payment and disbursement of moneys from the nuclear safety emergency management fee fund. Commencing with the fiscal year ending June 30, 1993, the adjutant general shall prepare a budget estimate for each fiscal year showing the total of operating expenditures and capital improvement expenditures projected to be incurred in administering this act during the fiscal year. The budget estimate under this act shall be prepared only after consultation with those persons liable for the fees imposed under this act as to the costs necessary to enable state and local government agencies to perform their responsibilities in the event of an accident at a nuclear facility.
(b) Within the limitations of appropriation acts, the adjutant general is authorized to employ appropriate personnel necessary to administer the provisions of this act and rules and regulations adopted under this act. All costs incurred by the adjutant general in administering the provisions of this act shall be paid from fees collected pursuant to this act. The adjutant general shall have the duty, in administering this act, to prevent and eliminate any duplication of services or equipment.
History:
L. 1993, ch. 113, § 4; L. 1994, ch. 248, § 25; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-944 Administration of act.

48-944.
Administration of act.
The adjutant general shall administer this act in conjunction with the administration of the Kansas emergency management act.
History:
L. 1993, ch. 113, § 5; L. 1994, ch. 248, § 26; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-945 Declaration of state of emergency; exemption of drivers of utility service vehicles from certain requirements.

48-945.
Declaration of state of emergency; exemption of drivers of utility service vehicles from certain requirements.
(a) Upon application by any utility, the division of emergency management may declare a state of emergency in all or any part of the state whenever conditions exist which constitute an emergency, as defined in 49 C.F.R. 390.5, as in effect on the effective date of this act or such later version as adopted by rules and regulations of the state corporation commission pursuant to K.S.A. 66-1,129, and amendments thereto, subject to the following:
(1) The state of emergency shall be deemed to exist solely for the purpose of exempting drivers of utility service vehicles, as defined in 49 C.F.R. 395.2, as in effect on the effective date of this act or such later version as adopted by rules and regulations of the state corporation commission pursuant to K.S.A. 66-1,129, and amendments thereto, from limitations on hours of service prescribed by rules and regulations of the state corporation commission; and
(2) the exemption shall be subject to the conditions and limitations provided by 49 C.F.R. 390.23, as in effect on the effective date of this act or such later version as adopted by rules and regulations of the state corporation commission pursuant to K.S.A. 66-1,129, and amendments thereto, for exemptions pursuant to that regulation.
(b) The adjutant general may adopt rules and regulations to implement the provisions of this section.
(c) This section shall be part of and supplemental to the Kansas emergency management act.
History:
L. 2005, ch. 65, § 1; April 14.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-948 Citation of act; purpose.

48-948.
Citation of act; purpose.
(a) This act may be cited as the Kansas intrastate emergency mutual aid act.
(b) The purpose of this act is to create a system of intrastate mutual aid between participating Kansas political subdivisions. Each participant of this system recognizes that emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential for the protection of lives and property and for best use of available assets both public and private. The system shall provide for mutual assistance among the participating political subdivisions in the prevention of, response to and recovery from any disaster that results in a formal state of emergency in a participating political subdivision, subject to such participating political subdivision's criterion for a declaration. The system shall provide for mutual cooperation among the participating subdivisions in conducting disaster-related exercises, testing or other training activities outside actual declared emergency periods. The system shall provide a common glossary and definitions of resources based on a resource management program. This legislation provides no immunity, rights or privileges for any individual responding to a state of emergency that is not requested or authorized, or both, to respond by a participating political subdivision. Participating political subdivisions will be ensuring to the fullest extent possible, eligibility for state and federal disaster funding.
History:
L. 2006, ch. 106, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-949 Definitions.

48-949. Definitions.
As used in the Kansas intrastate emergency mutual aid act:
(a) "Division" means the division of emergency management within the office of the adjutant general.
(b) "Emergency responder" means any person in the public or private sector who: (1) Has special skills, qualifications, training, knowledge and experience which would be beneficial to a participating political subdivision in response to a locally-declared emergency as defined in any applicable law or ordinance or authorized drill or exercises; and (2) is requested or authorized, or both, to respond. An emergency responder may or may not be required to possess a license, certificate, permit or other official recognition for the emergency responder's expertise in a particular field or area of knowledge. "Emergency responder" includes, but is not limited to, the following: Law enforcement officers, firefighters, 911 call center public safety telecommunicators, emergency medical services personnel, physicians, nurses, physician assistants, public health personnel, emergency management personnel, public works personnel and persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency.
History:
L. 2006, ch. 106, § 2; L. 2021, ch. 7, § 10; March 25.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-950 Kansas mutual aid system; participation by political subdivisions.

48-950.
Kansas mutual aid system; participation by political subdivisions.
All political subdivisions within the state, upon enactment of this act, are automatically a part of the Kansas mutual aid system. A political subdivision may elect not to participate or to later withdraw from the system by adoption of an appropriate resolution by its governing body declaring that it elects not to participate in the statewide mutual aid system and providing a copy of the resolution to the division. This act does not preclude participating political subdivisions from entering into supplementary agreements with another political subdivision and does not affect any other agreement to which a political subdivision may currently or in the future be a party under other Kansas statutes.
History:
L. 2006, ch. 106, § 3; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-951 Responsibilities of participating political subdivisions.

48-951.
Responsibilities of participating political subdivisions.
It shall be the responsibility of each participating political subdivision with jurisdiction over and responsibility for emergency management within such subdivision to:
(a) Identify potential hazards that could affect the participating political subdivision, using an identification system common to all participating jurisdictions;
(b) conduct joint planning, intelligence sharing and threat assessment development with contiguous participating political subdivisions and conduct joint training;
(c) identify and inventory the current services, equipment, supplies, personnel and other resources related to planning, prevention, mitigation and response and recovery activities of the participating political subdivision; and
(d) adopt, train on and operate using the national incident management system as approved by division.
History:
L. 2006, ch. 106, § 4; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-952 Requests for assistance among participating political subdivisions.

48-952.
Requests for assistance among participating political subdivisions.
A participating political subdivision may request assistance of other participating political subdivisions in preventing, mitigating, responding to and recovering from disasters that result in locally-declared emergencies or in concert with authorized drills or exercises as allowed under this legislation. Requests for assistance shall be made through the chief executive officer of a participating political subdivision or the chief executive officer's designee. Requests may either be verbal or in writing and are not required to go directly to the division but in all cases will be reported to the division as soon as is practical. Verbal requests will be followed up with a written request as soon as is practical or such number of days as the division in its discretion may dictate.
History:
L. 2006, ch. 106, § 5; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-953 Obligation of participating political subdivisions to provide assistance; conditions.

48-953.
Obligation of participating political subdivisions to provide assistance; conditions.
A participating political subdivision's obligation to provide assistance in the prevention of, response to and recovery from a locally-declared emergency or in authorized drills or exercises is subject to the following conditions:
(a) A participating political subdivision requesting assistance must have either declared a state of emergency in the manner specified in K.S.A. 48-932, and amendments thereto, or authorized drills and exercises;
(b) a responding participating political subdivision may withhold resources to the extent necessary to provide reasonable protection and services for its own jurisdiction;
(c) emergency responders of a responding participating political subdivision shall continue under the command and control of their responding jurisdiction, to include medical protocols, standard operating procedures and other protocols, but shall be under the operational control of the appropriate officials within the incident management system of the participating political subdivision receiving the assistance; and
(d) assets and equipment of a responding participating political subdivision shall continue under the control of the responding political subdivision but shall be under the operational control of the appropriate officials within the incident management system of the participating political subdivision receiving the assistance.
History:
L. 2006, ch. 106, § 6; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-954 Recognition of license, certificate or other permit issued by participating political subdivision.

48-954.
Recognition of license, certificate or other permit issued by participating political subdivision.
If a person or entity holds a license, certificate or other permit issued by a participating political subdivision or the state evidencing qualification in a professional, mechanical or other skill and the assistance of such person or entity is requested by a participating political subdivision, the person or entity shall be deemed to be licensed, certified or permitted in the political subdivision requesting assistance for the duration of the declared emergency or authorized drills or exercises, subject to any limitations and conditions the chief executive of the participating political subdivision receiving the assistance may prescribe by executive order or otherwise.
History:
L. 2006, ch. 106, § 7; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-955 Guidelines and procedures.

48-955.
Guidelines and procedures.
The division shall develop comprehensive guidelines and procedures for implementation of the Kansas mutual aid system, including, but not limited to, the following: Projected or anticipated costs, checklists for requesting and providing assistance, record keeping for all participating political subdivisions, reimbursement procedures, use of a common glossary of terms and definitions of resources and other necessary implementation elements, along with the necessary forms for requests and other records documenting deployment and return of assets.
History:
L. 2006, ch. 106, § 8; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-956 Personnel of participating political subdivision; benefits.

48-956.
Personnel of participating political subdivision; benefits.
Personnel of a participating political subdivision responding to or rendering assistance for a request who sustain injury or death in the course of, and arising out of, their employment are entitled to all applicable benefits normally available to personnel while performing their duties for their employer. Such personnel shall receive any additional state and federal benefits that may be available to them for line-of-duty deaths.
History:
L. 2006, ch. 106, § 9; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-957 Nature of activities governmental; liability.

48-957.
Nature of activities governmental; liability.
All activities performed under this act are deemed hereby to be governmental functions. For the purposes of liability, all persons responding under the operational control of the requesting political subdivision are deemed to be employees of the requesting participating political subdivision. Except in cases of willful misconduct, gross negligence or bad faith, neither the participating political subdivisions nor their employees shall be liable for the death of or injury to persons or for damage to property when complying or attempting to comply with the Kansas mutual aid system.
History:
L. 2006, ch. 106, § 10; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-958 Severability.

48-958.
Severability.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of the act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.
History:
L. 2006, ch. 106, § 11; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-959 Seizure of firearms prohibited during official state of emergency; cause of action created; attorney fees.

48-959.
Seizure of firearms prohibited during official state of emergency; cause of action created; attorney fees.
(a) No officer or employee of the state or any political subdivision thereof, member of the Kansas national guard in the service of the state, or any person operating pursuant to or under color of state law, receiving state funds, under control of any official of the state or political subdivision thereof, or providing services to such officer, employee or other person, while acting during a declared official state of emergency, may:
(1) Temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under state law, other than as evidence in a criminal investigation; or
(2) require registration of any firearm for which registration is not required by state law.
(b) Any individual aggrieved by a violation of this section may seek in the courts of this state relief in an action at law or in equity or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges or immunities provided by this section.
(c) In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the district court of the county in which that individual resides or in which such firearm is located. In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the state or political subdivision thereof, reasonable attorneys' fees.
(d) "Seize" shall mean the act of forcible dispossessing an owner of property under actual or apparent authority of law.
History:
L. 2008, ch. 97, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-960 Division of emergency management authorized to accept certain real property in Saline county.

48-960. Division of emergency management authorized to accept certain real property in Saline county.
(a) The division of emergency management within the adjutant general's department is hereby authorized to accept and hold, on behalf of the state of Kansas, the real property described in subsection (b) from any federal government department or agency of the United States.
(b) A tract of land being a part of the Southeast Quarter of Section 22 and the Southwest Quarter of Section 23, township 15 South, Range 4 West of the 6th P.M., Saline County, Kansas, more particularly described as follows:
Beginning at the Southeast corner of said Section 22 thence N 89'36'58" W along the South line of the Southeast Quarter of said Section 22, a distance of 50.00 feet; thence N 00'00'10" E Parallel to the East line of the Southeast Quarter of said Section 22, a distance of 2566.72 feet to a point 75.00 feet South of the North line of the SE Quarter of said section 22; thence S 89'33'46" E parallel to the North line of the Southeast Quarter of said Section 22, a distance of 50.00 feet to a point on the East line of the Southeast Quarter of said Section 22; thence S 89'24'08" E parallel to the North line of the Southwest Quarter of said Section 23, a distance of 2299.88 feet; thence S 00'10'22" W parallel to the East line of the Southwest Quarter of said Section 23, a distance of 580.02 feet; thence S 89'24'08" E parallel to the North line of the Southwest Quarter of said Section 23, a distance of 340.01 feet to the East line of the Southwest Quarter of said Section 23, thence S 00'10'22" W along the East line of the Southwest Quarter of said Section 23, a distance of 1983.14 feet to the Southeast corner of the Southwest Quarter of said Section 23, thence N 89'28'38" W along the South line of the Southwest Quarter of said Section 23, a distance of 2632.25 feet to the Southeast corner of said Section 22 and the POINT OF BEGINNING.
The above described parcel contains +- 153.63 acres (6692171.64 sq. ft.) including Road Right of Way.
(c) The Kansas attorney general shall approve the instrument of conveyance before the real property described in subsection (b) may be conveyed.
(d) The conveyance authorized by this section shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
History:
L. 2013, ch. 22, § 1; April 11.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-962 Local health officers required to share certain information with first responder agencies; information not a public record.

48-962. Local health officers required to share certain information with first responder agencies; information not a public record.
(a) During a state of disaster emergency declared under K.S.A. 48-924, and amendments thereto, related to the COVID-19 public health emergency, each local health officer shall work with first responder agencies operating in the county to establish a method to share information indicating where a person testing positive for or under quarantine or isolation due to COVID-19 resides or can be expected to be present. Such information shall:
(1) Include the address for such person and, as applicable, the duration of the quarantine, isolation or expected recovery period for such person as determined by the local health officer; and
(2) only be used for the purpose of allowing the first responders to be alert to the need for utilizing appropriate personal protective equipment during the response activity.
(b) The information described in subsection (a) shall be provided to the 911 call center for the area serving the address provided. The 911 call center shall disseminate the information only to first responders responding to the listed address.
(c) All information provided or disseminated under this section shall not be a public record and shall not be subject to the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto. The provisions of this subsection shall expire on July 1, 2025, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto.
History:
L. 2020, ch. 1, § 18 (Special Session); June 9.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-967 Severability; act concerning governmental response to the 2020 COVID-19 pandemic in Kansas.

48-967. Severability; act concerning governmental response to the 2020 COVID-19 pandemic in Kansas.
The provisions of this act* are severable. If any portion of the act* is declared unconstitutional or invalid, or the application of any portion of the act to any person or circumstance is held unconstitutional or invalid, the invalidity shall not affect other portions of the act that can be given effect without the invalid portion or application, and the applicability of such other portions of the act to any person or circumstance shall remain valid and enforceable.
History:
L. 2020, ch. 1, § 40 (Special Session); June 9.
* The phrases "this act" and "the act" mean L. 2020, ch. 1 (Special Session).
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 9 - Emergency Preparedness For Disasters › 48-968 Severability; governmental response to certain emergencies.

48-968. Severability; governmental response to certain emergencies.
The provisions of this act* are severable. If any portion of the act* is declared unconstitutional or invalid, or the application of any portion of the act to any person or circumstance is held unconstitutional or invalid, the invalidity shall not affect other portions of the act that can be given effect without the invalid portion or application, and the applicability of such other portions of the act to any person or circumstance shall remain valid and enforceable.
History:
L. 2021, ch. 7, § 14; March 25.
* The phrases "this act" and "the act" mean L. 2021, chapter 7.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 12 - Emergency Interim Executive And Judicial Succession Act › 48-1201 Title of act; citation.

48-1201.
Title of act; citation.
This act shall be known and may be cited as the "emergency interim executive and judicial succession act."
History:
L. 1961, ch. 423, § 1; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 12 - Emergency Interim Executive And Judicial Succession Act › 48-1202 Statement of policy.

48-1202.
Statement of policy.
Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state and its political subdivisions; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of governor; to provide for emergency interim succession to governmental offices of this state and its political subdivisions in the event the incumbents thereof (and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices hereinafter referred to as deputies) are unavailable to perform the duties and functions of such offices; and to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable.
History:
L. 1961, ch. 423, § 2; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 12 - Emergency Interim Executive And Judicial Succession Act › 48-1203 Definitions.

48-1203.
Definitions.
Unless otherwise clearly required by the context, as used in this act:
(a) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his or her duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
(b) "Emergency interim successor" means a person designated pursuant to this act, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
(c) "Office" includes all state and local offices, the powers and duties of which are defined by the constitution, statutes, charters, and ordinances, except the office of governor, and except those in the legislature and the judiciary.
(d) "Attack" means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage, bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or methods.
(e) "Political subdivision" includes counties, cities, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
History:
L. 1961, ch. 423, § 3; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 12 - Emergency Interim Executive And Judicial Succession Act › 48-1204 Successors to office of governor.

48-1204.
Successors to office of governor.
If the governor, under the constitution, is not able to exercise the powers and discharge the duties of the office, or is unavailable, an officer specified in K.S.A. 75-125 and amendments thereto, in the order of succession provided by that section, shall exercise the powers and duties of the office of governor. If all such officers are not able or are unavailable to exercise the powers and discharge the duties of the office of governor, the secretary of state, or, if the secretary of state is not able or is unavailable, the attorney general, shall exercise the powers and discharge the duties of the office of governor until a new governor is elected and qualified or until a preceding named officer becomes able and available. No emergency interim successor of an officer specified in K.S.A. 75-125 and amendments thereto or in this section may serve as governor.
History: L. 1961, ch. 423, § 4; L. 1973, ch. 157, § 15; L. 1994, ch. 248, § 27; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 12 - Emergency Interim Executive And Judicial Succession Act › 48-1205 Emergency interim successors for state officers.

48-1205.
Emergency interim successors for state officers.
In the event any state officer is unavailable following an attack, then, the governor (or other official authorized under the constitution and this act to exercise the powers and discharge the duties of the office of governor) shall designate an emergency interim successor. In the event that any state officer is unavailable following an attack, and in the event his or her deputy, if any, is also unavailable the said powers of his or her office shall be exercised and said duties of the office shall be discharged by the designated emergency interim successor. Such emergency interim successor shall exercise said powers and discharge said duties until such time as the governor under the constitution or authority other than this act (or other official authorized under the constitution or this act to exercise the powers and discharge the duties of the office of governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed or elected and qualified as provided by law; or an officer (or his or her deputy) becomes available to exercise or assume to exercise the powers and discharge the duties of the office.
History:
L. 1961, ch. 423, § 5; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 12 - Emergency Interim Executive And Judicial Succession Act › 48-1206 Enabling authority for emergency interim successors for local offices.

48-1206.
Enabling authority for emergency interim successors for local offices.
With respect to local offices for which the legislative or governing bodies of cities, townships, and counties may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, such legislative or governing bodies are hereby authorized to enact resolutions or ordinances providing for emergency interim successors to offices of the aforementioned governmental units. Such resolutions and ordinances shall not be inconsistent with the provisions of this act.
History:
L. 1961, ch. 423, § 6; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 12 - Emergency Interim Executive And Judicial Succession Act › 48-1207 Special emergency judges.

48-1207.
Special emergency judges.
In the event that any judge of any court is unavailable to exercise the powers and discharge the duties of his or her office, and in the event no other judge authorized to act in the event of absence, disability or vacancy or no special judge appointed in accordance with the provisions of the constitution or statutes is available to exercise the powers and discharge the duties of such office, the duties of the office shall be discharged and the powers exercised by the special emergency judges hereinafter provided for:
(a) The governor shall designate a special emergency justice for a justice of the supreme court when a justice of the supreme court is unavailable following an attack.
(b) The chief justice of the supreme court in consultation with the other justices of said court, shall designate a special emergency judge for each judge of a court of record, except a justice of the supreme court, when such a judge is unavailable after an attack.
(c) The judge of the district court (or the presiding or senior judge of a district in consultation with other judges of that district where there is more than one judge) shall designate a special emergency judge for any court not of record within that district when the regular judge of such a court is unavailable after an attack.
Such special emergency judges shall exercise the powers and discharge the duties of such office in case of the unavailability of the regular judge and shall discharge the duties and exercise the powers of such office until such time as a vacancy which may exist shall be filled in accordance with the constitution and statutes or until the regular judge becomes available to exercise the powers and discharge the duties of the office.
History:
L. 1961, ch. 423, § 7; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 12 - Emergency Interim Executive And Judicial Succession Act › 48-1208 Formalities of taking office.

48-1208.
Formalities of taking office.
At the time of their designation, emergency interim successors and special emergency judges shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provisions of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he or she succeeds, shall be required to comply with any other provision of law relative to taking office.
History:
L. 1961, ch. 423, § 8; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 12 - Emergency Interim Executive And Judicial Succession Act › 48-1209 Period in which authority may be exercised.

48-1209.
Period in which authority may be exercised.
Officials authorized to act as governor pursuant to this act, emergency interim successors and special emergency judges are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The legislature by concurrent resolution, may at any time terminate the authority of said emergency interim successors and special emergency judges to exercise the powers and discharge the duties of office as herein provided.
History:
L. 1961, ch. 423, § 9; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 12 - Emergency Interim Executive And Judicial Succession Act › 48-1210 Disputes.

48-1210.
Disputes.
Any dispute concerning a question of fact arising under this act with respect to an office in the executive branch of the state government (except a dispute of fact relative to the office of governor) shall be adjudicated by the governor (or other official authorized under the constitution and this act to exercise the powers and discharge the duties of the office of governor) and the governor's decision shall be final.
History:
L. 1961, ch. 423, § 10; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1302 Declaration of policy.

48-1302.
Declaration of policy.
The legislature declares: (1) That recent technological developments make possible an enemy attack of unprecedented destructiveness, which may result in the death or inability to act of a large proportion of the membership of the legislature; (2) that to conform in time of attack to existing legal requirements pertaining to the legislature would be impracticable, would admit of undue delay, and would jeopardize continuity of operation of a legally constituted legislature; and (3) that it is therefore necessary to adopt special provisions as hereinafter set out for the effective operation of the legislature.
History:
L. 1961, ch. 252, § 2; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1303 Definitions.

48-1303.
Definitions.
As used in this act: (a) "Attack" means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage, bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or methods.
(b) "Unavailable" means absent from the place of session (other than on official business of the legislature), or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of a legislator, whether or not such absence or inability would give rise to a vacancy under existing constitutional or statutory provisions.
History:
L. 1961, ch. 252, § 3; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1304 Designation of emergency interim successors to legislators.

48-1304.
Designation of emergency interim successors to legislators.
In the event any legislator is unavailable following an attack, then, an emergency interim successor shall be designated as hereinafter provided.
(a) If the legislator is from a representative district or senatorial district which comprises only one county, the emergency interim successor shall be designated by the county committee of the political party of which such legislator is a member in like manner as provided in K.S.A. 25-319 [*]for the filling of vacancies in the legislature.
(b) If the legislator is from a senatorial district comprising more than one county the emergency interim successor shall be designated by the senatorial district committee of the political party of which such legislator is a member in like manner as provided by K.S.A. 25-320 [*]for the filling of vacancies in the legislature.
History:
L. 1961, ch. 252, § 4; June 30.
* Section has been repealed. For later act, see 25-3903.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1305 Status, qualifications of emergency interim successors.

48-1305.
Status, qualifications of emergency interim successors.
An emergency interim successor is one who is designated for possible temporary succession to the powers and duties, but not the office, of a legislator. No person shall be designated or serve as an emergency interim successor unless he or she may under the constitution and statutes hold the office of the legislator to whose powers and duties he or she is designated to succeed, but no constitutional or statutory provision prohibiting a legislator from holding another office or prohibiting the holder of another office from being a legislator shall be applicable to an emergency interim successor.
History: L. 1961, ch. 252, § 5; L. 1965, ch. 338, § 1; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1306 Oath of emergency interim successors.

48-1306.
Oath of emergency interim successors.
Promptly after designation each emergency interim successor shall take the oath required for the legislator to whose powers and duties he or she is designated to succeed. No other oath shall be required.
History:
L. 1961, ch. 252, § 6; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1307 Duty of emergency interim successor.

48-1307.
Duty of emergency interim successor.
Each emergency interim successor shall keep himself or herself generally informed as to the duties, procedures, practices and current business of the legislature, and each legislator shall assist his or her emergency interim successors to keep themselves so informed.
History:
L. 1961, ch. 252, § 7; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1308 Place of legislative session.

48-1308.
Place of legislative session.
Whenever in the event of an attack, the governor deems the place of session then prescribed to be unsafe, the governor may change it to any place in the state which he or she deems safer and convenient.
History:
L. 1961, ch. 252, § 8; June 30.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 13 - Emergency Interim Legislative Succession Act › 48-1309 Convening of legislature in event of attack.

48-1309.
Convening of legislature in event of attack.
In the event of an attack, the governor shall call the legislature into session as soon as practicable, and in any case within ninety days following the inception of the attack. If the governor fails to issue such call, the legislature shall, on the ninetieth day from the date of inception of the attack, automatically convene at the place where the governor then has his or her office. Each legislator or his or her emergency interim successor shall proceed to the place of session as expeditiously as practicable. At such session or at any session in operation at the inception of the attack, and at any subsequent sessions, limitations on the length of session and on the subjects which may be acted upon shall be suspended.
History:
L. 1961, ch. 252, § 9; June 30.