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chapter-48•Chapter 48 — Militia, Defense and Public Safety
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
All persons subject to military duty under the constitution of this state and not exempt therefrom by the provisions of this act, and such other persons as shall voluntarily enroll themselves, shall be divided into three classes: One consisting of the federally recognized national guard, to be known as the "Kansas army and air national guard"; one consisting of those able-bodied citizens prescribed and contemplated in article 8 of the constitution of the state of Kansas not in the "Kansas army and air national guard" to be known as "the militia"; and one to consist of all those subject to military duty, but not included in the "Kansas army and air national guard" or "the militia," to be known as the "Kansas military reserve."
History: L. 1901, ch. 255, § 1; R.S. 1923, 48-101; L. 1961, ch. 257, § 1; L. 1973, ch. 213, § 1; L. 2024, ch. 78, § 37; July 1.
The following persons are exempt from military duty:
First,
all persons in the army or navy or volunteers force of the United States and those who have been honorably discharged therefrom; all persons who have served in the Kansas national guard for the term of four years and have been honorably discharged; all the judges and clerks of the several courts of the state and the county treasurers.
Second,
incapacitated persons, mentally ill persons, and persons convicted of infamous crimes.
Third,
all persons who are members of any well recognized religious sect or organization at present organized and existing whose creed forbids its members to participate in war in any form, and whose religious convictions are against war or participation therein, in accordance with the creed of said religious organization: Provided, That the aforesaid exempted persons included in the first subdivision of this section shall be liable to military duty in case of war, insurrection or invasion, or imminent danger thereof.
History: L. 1901, ch. 255, § 2; L. 1915, ch. 243, § 1; R.S. 1923, 48-102; L. 1965, ch. 334, § 1; January 1, 1966.
History: R.S. 1923, 48-103. Repealed, L. 2024, ch. 78, § 122; July 1.
The Kansas army and air national guard shall consist of such units as the governor of Kansas may from time to time authorize to be formed, all to be formed and organized 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, the department of the army and the department of the air force of the United States. Wherever the term Kansas state guard is used in this chapter, it shall be understood to consist of such units of the organized militia as the governor of Kansas may from time to time authorize to be formed when the national guard has been ordered or called into federal service. No excise taxes of this state, direct or indirect, other than those on distilled spirits or wine, and motor fuels shall be imposed upon the sale, use, delivery or storage of articles of merchandise to any instrumentality of the armed forces of the United States engaged in resale activities to members of the armed forces, except those state excise taxes which may be specifically authorized by the various acts of the congress of the United States: Provided, That any tax collected in contravention of the terms of this act shall be repaid in cash or tax credit by the director of revenue and taxation of the state of Kansas under such rules and regulations as he or she may adopt.
History: L. 1917, ch. 220, § 1; R.S. 1923, 48-201; L. 1951, ch. 321, § 1; L. 1957, ch. 306, § 1; L. 1965, ch. 335, § 1; June 30.
All staff officers of the Kansas national guard, including officers of the pay, inspection, subsistence and medical departments, shall have had previous military experience and shall hold their positions until they have reached64 years of age, unless retired prior to that time by reason of resignation, disability or for cause. All vacancies among such 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; R.S. 1923, 48-202; L. 2024, ch. 78, § 38; July 1.
The governor shall be commander in chief of the militia and shall have supreme command of the military forces of the state while in the service of the state or until they are ordered or accepted into the services of the United States. While the military forces are in the service of the state, the governor, subject to the provisions of federal law, may muster out any national guard organization of the state, discharge any enlisted person who is a member of the state national guard organization or cause any commissioned officer to be summoned and discharged if the officer persists in willfully neglecting the duties of the officer's office or fails to properly account for public property or money in the officer's possession as an officer. The resignation of officers of the national guard shall be accepted by the governor's order before they are discharged from military service of the state.
No armed military force from another state or territory shall be permitted to enter the state without the governor's permission unless the military force is part of the United States army or is acting under the authority of the United States. No independent military organization, except a corps of cadets at an educational institution, shall be permitted to bear arms without first securing permission from the commander in chief. The governor shall appoint, subject to confirmation by the senate as provided in K.S.A. 75-4315b, one adjutant general with the rank of major general, who shall be chief of staff. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as adjutant general shall exercise any power, duty or function as adjutant general until confirmed by the senate. The person appointed shall have served at least five years as a commissioned officer in the Kansas national guard and shall have been an officer in the armed forces of the United States. The adjutant general shall receive an annual salary fixed by the governor. The governor may promote, subject to confirmation by the senate as provided in K.S.A. 75-4315b, any adjutant general who has served at least 15 consecutive years as adjutant general in Kansas to the rank of lieutenant general.
The governor may also detail 12 aides-de-camp from among the officers of the Kansas national guard or the Kansas state guard, or appoint such aides-de-camp from among Kansas ex-service personnel, or reserve personnel of the United States army, air force, navy or marine corps, each with the simulated rank of lieutenant colonel in the Kansas national guard. While serving as aides-de-camp, such personnel may wear either the uniform and insignia of any military service to which they are entitled or the uniform and insignia of lieutenant colonel of the Kansas national guard.
The term of office of officers appointed pursuant to this section shall be during the pleasure of the governor appointing them and until their successors are appointed and confirmed.
History: L. 1901, ch. 255, § 3; L. 1903, ch. 359, § 1, (3); L. 1905, ch. 303, § 1, (3); L. 1907, ch. 248, § 1, (3); L. 1921, ch. 206, § 3; R.S. 1923, 48-203; L. 1931, ch. 223, § 1; L. 1933, ch. 286, § 14; L. 1937, ch. 329, § 5; L. 1943, ch. 274, § 1; L. 1947, ch. 416, § 2; L. 1949, ch. 297, § 1; L. 1953, ch. 259, § 1; L. 1957, ch. 307, § 1; L. 1961, ch. 258, § 1; L. 1969, ch. 267, § 1; L. 1970, ch. 208, § 1; L. 1982, ch. 347, § 21; L. 2008, ch. 121, § 6; July 1.
(a) The adjutant general shall:
(1) Be in control of the military department of the state and subordinate only to the governor in matters pertaining to the department;
(2) have general supervision over all the subordinate military departments, including the department of the army national guard and the department of the air national guard;
(3) perform such duties as pertain to the adjutant general's department under the regulations and usage of the army of the United States;
(4) superintend the preparation of all returns and reports required by the United States from the state;
(5) require a certificate of the military service to be furnished, in accordance with K.S.A. 73-209, and amendments thereto, to any soldier who has served in the army in any of the state military organizations; and
(6) audit and pass upon all claims of a military character against the state, and no contract of a military nature against the state shall be valid or paid until approved by the adjutant general.
(b) The adjutant general is authorized to:
(1) Adopt regulations pertaining to the preparation and rendering of reports and returns and to the care and preservation of public property as in the adjutant general's opinion the conditions demand, and such regulations shall be operative and in force when promulgated in the form of general orders, circulars or circular letters;
(2) administer oaths in matters pertaining to the duties of the office as relates to:
(A) Claims against the state;
(B) the organization of boards and courts of inquiry;
(C) affidavits covering loss of military property belonging to the state or the United States;
(D) oaths of office of officers of the Kansas national guard;
(E) statements and reports required from officers pertaining to property and money accountability and expenditures; and
(F) any other official military matters coming before the adjutant general;
(3) adopt an appropriate seal for use in the office, to be affixed to all oaths that the adjutant general administers under authority of law, and to authenticate all certificates required of the adjutant general;
(4) appoint such officers as necessary as security officers for the protection of all national guard property and equipment, owned by or under the control of the Kansas national guard wherever located in the state of Kansas, including when transported over public roads or located on temporary national guard sites, and for the protection of persons and property associated with the national guard; and
(5) appoint law enforcement officers to serve under the command of the adjutant general.
(c) (1) Those members of the adjutant general's department who are appointed as law enforcement officers must meet the requirements of the Kansas law enforcement training act, K.S.A. 74-5601 through 74-5623, and amendments thereto.
(2) A law enforcement officer engaged in the protective functions specified in subsection (b)(4) shall possess and exercise all general law enforcement powers, rights, privileges, protections and immunities in every county where there is located any Kansas national guard property. All persons arrested by a law enforcement officer may be turned over to the appropriate local police or county sheriff in whose jurisdiction the offense was committed to be processed in the same manner as other persons turned over to such police or sheriff or may book such arrested person at the jail in the jurisdiction of the arrest. Such law enforcement officer shall complete any required reports, arrest affidavits and other documents associated with the arrest. These reports shall be kept on file with the office of the adjutant general, unless a memorandum of agreement with the local law enforcement agency specifies otherwise.
(3) While on duty, security officers or law enforcement officers appointed pursuant to subsection (b)(4) or (b)(5), as applicable, shall wear and display publicly a badge of office.
History: L. 1901, ch. 255, § 4; L. 1903, ch. 359, § 1, (4); L. 1905, ch. 303, § 1, (4); R.S. 1923, 48-204; L. 1957, ch. 306, § 2; L. 1995, ch. 24, § 1; L. 2007, ch. 101, § 1; L. 2024, ch. 78, § 39; July 1.
(a) The adjutant general may assign the number of assistant adjutants general from the ground forces and air forces of this state who are authorized by national guard bureau rules and regulations.
(b) The assistant adjutants general shall, if they qualify therefor, hold military rank as may be authorized and approved for the positions by the national guard bureau of the United States. The assistant adjutants general, at the time of their appointment, shall have served at least five years as commissioned officers in the Kansas army or air national guard.
(c) The assistant adjutants general shall serve at the pleasure of the adjutant general and perform such duties as are assigned by the adjutant general.
(d) The adjutant general shall designate one assistant adjutant general as the senior assistant adjutant general who, during any period when the adjutant general is absent, unable or by express direction of the adjutant general, shall perform the duties of the adjutant general as acting adjutant general.
History: L. 1901, ch. 255, § 5; L. 1903, ch. 359, § 1, (5); L. 1905, ch. 303, § 1, (5); L. 1907, ch. 248, § 1, (5); L. 1921, ch. 206, § 4; R.S. 1923, 48-205; L. 1931, ch. 8, § 3; L. 1933, ch. 286, § 13; L. 1937, ch. 329, § 6; L. 1943, ch. 277, § 3; L. 1947, ch. 306, § 1; L. 1949, ch. 423, § 3; L. 1957, ch. 306, § 3; L. 1969, ch. 268, § 1; L. 1972, ch. 202, § 1; L. 2024, ch. 78, § 40; July 1.
(a) There shall be a United States property and disbursing officer appointed or assigned as may be provided in federal regulations.
(b) The United States property and disbursing officer shall be provided with adequate office facilities in Topeka or at the site of the principal military warehouses or training grounds for the national guard at the discretion of the adjutant general to best serve the needs of the organized militia.
(c) Such United States property and disbursing officer shall secure, receive, disburse, issue and account for all United States funds, arms, uniforms, equipment and supplies as requested by the governor for use by the organized militia. The property and disbursing officer shall maintain complete and accurate records, in the manner prescribed by federal regulations, of all funds and property granted or loaned to the state for use by the organized militia, and such records shall constitute the official records of the federally owned military property for which the state shall be responsible to the United States. The property and disbursing officer shall perform such additional duties and exercise such powers and authority as may be vested in such officer by federal regulations, or as may be assigned by the adjutant general. Such officer shall be provided assistants and clerical, stenographic, shop, technical and warehouse personnel as may be necessary to properly discharge such officer's duties.
(d) Personnel and other employees of the property and disbursing officer shall receive salaries as the adjutant general determines, except that state funds shall be used for salaries or other expenses of the office of the office of the United States property and disbursing officer only when federal funds are not available.
(e) Expenditures from the appropriations described in this section shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports pursuant to vouchers approved by the governor and the adjutant general, or designees thereof.
History: L. 1901, ch. 255, § 6; L. 1921, ch. 206, § 5; R.S. 1923, 48-206; L. 1947, ch. 306, § 2; L. 2024, ch. 78, § 41; July 1.
History: L. 1901, ch. 255, § 7; R.S. 1923, 48-207; Repealed, L. 1972, ch. 203, § 48-3114; July 1.
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.
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 64 years of age unless the officer was 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 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 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, and 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; L. 2024, ch. 78, § 42; July 1.
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.
(a) Enlisted personnel of the Kansas army and air national guard who are unable, on account of permanent physical disability, to perform the duties required shall be discharged from the military service of the state under such regulations promulgated by the military board. All commissioned officers, warrant officers, and noncommissioned officers who have reached 64 years of age 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. 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.
(b) All members of the Kansas army and air national guard shall be exempt from jury duty during annual training, during the time the member is ordered by the governor to perform active state service under K.S.A. 48-238 or 48-241, and amendments thereto, or during the time the member is ordered to perform active state service under K.S.A. 48-242, and amendments thereto.
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; L. 2024, ch. 78, § 43; July 1.
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.
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.
(a) There shall be a Kansas military board consisting of the adjutant general, who shall be recorder, the state judge advocate, 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.
(b) The military board shall constitute an advisory board to the commander in chief on military matters and such 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 when approved by the commander in chief shall be in full force and effect from the date of their publication in general orders.
(c) It shall be the duty of the 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 the board deems for the best interests of the service if 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; L. 2024, ch. 78, § 44; July 1.
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.
(a) The uniforms of the Kansas national guard shall conform as nearly as practicable to the uniform adopted for the applicable armed service of the United States, and the governor shall make requisition on the secretary of defense against the allotment to the state of Kansas by the general government to provide arms and equipment for the militia, as uniforms may be required for the purposes provided in this act.
(b) The military board shall prescribe the rules and regulations under which uniforms and equipment shall be issued to and used by the Kansas national guard.
History: L. 1901, ch. 255, § 21; R.S. 1923, 48-216; L. 2024, ch. 78, § 45; July 1.
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.
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.
History: L. 1901, ch. 255, § 24; R.S. 1923, 48-219; Repealed, L. 2024, ch. 78, § 122; July 1.
The state shall pay annually in monthly payments to the finance and disbursing officer in the adjutant general's department, or such officer as may be detailed by the adjutant general as finance and disbursing officer of the Kansas national guard or Kansas state guard, for use of buildings and rooms to be occupied as armories, stables or for the storage of military property or for postage and incidental expenses of organizations, headquarters and departments of Kansas national guard or Kansas state guard, the following sums, or so much thereof as the military board may deem necessary:
For each band, company of infantry, company of signal corps, company of engineers, machine gun companies, military police companies, tank companies, medical companies, ordnance companies and for each battery of artillery, three thousand dollars; for each air squadron and its auxiliary units, three thousand five hundred dollars; for each state headquarters, division, brigade, regiment, troop and separate battalion headquarters and each medical detachment, five hundred dollars: Provided, That if any sum above specified proves insufficient in any particular case or cases, the military board shall have power with the approval of the governor to make such equitable readjustments and distribution among the several organizations of the Kansas national guard or Kansas state guard of the sums above specified as they may deem just and reasonable: Provided, That the military board may provide for, authorize, allocate and cause to be paid over to the Kansas armory board such additional amounts for each armory as it may deem necessary, to create a fund for the payment of the bonds of the Kansas armory board or to amortize or aid in amortizing indebtedness of said Kansas armory board, such additional sums so allocated as aforesaid to be used for the payment of bonds of said Kansas armory board secured by a pledge of and payable from the rents, issues and profits of all the property of the Kansas armory board or by a pledge of and payable from the rents, issues and profits of any specific property acquired or constructed by the Kansas armory board, as the military board in the order of allocation shall determine, and such payments determined by the military board shall be made monthly by the state to the finance and disbursing officer aforesaid.
The finance and disbursing officer shall disburse the allowances provided above in accordance with regulations to be promulgated by the adjutant general and approved by the governor. On certificate of the adjutant general, approved by the governor, the state controller shall draw a warrant at the end of each month in favor of the finance and disbursing officer for the amount specified in such certificate for the several organizations, headquarters, Kansas armory board, etc., as specified above.
History: L. 1901, ch. 255 § 25; L. 1903, ch. 359, § 1 (25); L. 1905, ch. 303, § 1 (25); L. 1907, ch. 248, § 1 (25); L. 1913, ch. 225, § 1; L. 1917, ch. 223, § 1; L. 1919, ch. 219, § 1; L. 1921, ch. 206, § 1; R.S. 1923, 48-220; L. 1947, ch. 306, § 5; L. 1949, ch. 299, § 1; April 2.
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; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1901, ch. 255, § 28; L. 1903, ch. 359, § 1 (28); R.S. 1923, 48-222; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1901, ch. 255, § 29; L. 1903, ch. 359, § 1 (29); R.S. 1923, 48-223; Repealed, L. 2024, ch. 78, § 122; July 1.
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.
(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.
Revisor's Note: Later act, see 48-261.
History: L. 1901, ch. 255, § 32; L. 1915, ch. 241, § 9; L. 1921, ch. 206, § 10; R.S. 1923, 48-226; Repealed, L. 1968, ch. 69, § 2; July 1.
Revisor's Note: Later act, see 48-261.
History: L. 1933, ch. 77, § 1 (Special Session); Repealed, L. 1968, ch. 69, § 2; July 1.
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.
History: L. 1921, ch. 206, § 12; R.S. 1923, 48-228; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1901, ch. 255, § 33; L. 1917, ch. 220, § 7; R.S. 1923, 48-229; L. 1959, ch. 232, § 1; Repealed, L. 1972, ch. 203, § 48-3114; July 1.
History: L. 1917, ch. 220, §§ 8–10; R.S. 1923, 48-230–32; Repealed, L. 1972, ch. 203, § 48-3114; July 1.
History: L. 1917, ch. 220, § 11; R.S. 1923, 48-233; L. 1968, ch. 166, § 1; Repealed, L. 1972, ch. 203, § 48-3114; July 1.
History: L. 1917, ch. 220, § 12; R.S. 1923, 48-234; L. 1959, ch. 232, § 2; L. 1961, ch. 260, § 1; Repealed, L. 1972, ch. 203, § 48-3114; July 1.
History: L. 1917, ch. 220, §§ 13, 14; R.S. 1923, 48-235, 48-236; Repealed, L. 1972, ch. 203, § 48-3114; July 1.
History: L. 1901, ch. 255, § 37; R.S. 1923, 48-237; L. 1973, ch. 106, § 11; L. 1978, ch. 105, § 15; Repealed, L. 2024, ch. 78, § 122; July 1.
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.
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.
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.
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.
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.
(a) 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 the commander in chief's absence, upon the adjutant general, for aid.
(b) Such request for aid shall be in writing 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, will cooperate with the sheriff or mayor and the civil authorities and will render all assistance in the commanding officer's power to preserve the peace and execute the laws of the state.
(c) The commanding officer of such militia called into active service shall handle and maneuver the command in accordance with the commanding officer's 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 and hold in readiness to carry out such instructions as the commanding officer may receive in response.
History: L. 1901, ch. 255, § 42; R.S. 1923, 48-242; L. 1957, ch. 306, § 6; L. 2024, ch. 78, § 46; July 1.
The commanding officer of a military organization ordered into active service shall faithfully perform the duties required 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 lawful orders of the commanding officer issued in line of duty.
History: L. 1901, ch. 255, § 43; R.S. 1923, 48-243; L. 2024, ch. 78, § 47; July 1.
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.
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.
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.
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.
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.
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.
History: L. 1901, ch. 255, § 51; R. S. 1923, 48-250; Repealed, L. 1951, ch. 322, § 1; June 30.
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.
History: L. 1915, ch. 242, § 1; R.S. 1923, 48-252; Repealed, L. 2024, ch. 78, § 122; July 1.
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.
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.
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 such military unit or national guard unit;
(c) set forth the route over which such military vehicles or convoys will pass;
(d) state the anticipated number of vehicles in the convoy; and
(e) state the dates and times the vehicles or convoy expects to use such route.
History: L. 1972, ch. 289, § 2; L. 2024, ch. 78, § 48; July 1.
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.
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.
The adjutant general shall disburse the allowance provided above in accordance with such rules and regulations as he or she shall promulgate in payment of actual expenses incurred in maintaining and equipping a shooting range and grounds and equipment therefor, and in transporting competitors and range officers and assistants to and from the shooting grounds, and in furnishing mess at the shooting grounds and providing and keeping proper records, and for postage, telegrams and telephone messages necessary in organizing the annual state competitions and notifying contestants therefor and for equipment for the team selected, upon the filing of proper vouchers therefor.
History: L. 1929, ch. 61, § 2; March 19.
History: L. 1959, ch. 235, §§ 1–6; Repealed, L. 1973, ch. 214, § 2; July 1.
(a) Every member of the Kansas national guard or Kansas state guard shall be entitled to the benefits specified in K.S.A. 48-261 through 48-271, and amendments thereto, subject to the conditions specified therein.
(b) The governor shall appoint at least five officers of the Kansas national guard or Kansas state guard, including at least one officer of the medical corps, to the military disability board, which is hereby created. Members of the board shall serve at the pleasure of the governor. Members of the board shall be compensated and permitted allowances in accordance with K.S.A. 75-3201, and amendments thereto. The board shall meet at least annually and determine the percentage of total disability and award compensation for disability or death in accordance with the provisions of K.S.A. 48-261 through 48-271, and amendments thereto.
(c) The compensation, reimbursement and other benefits required to be paid for entitlements accruing to members under the provisions of K.S.A. 48-261 through 48-271, and amendments thereto shall be paid from amounts allocated therefor from the state emergency fund in accordance with K.S.A. 75-3713b, and amendments thereto. The cost of administration of K.S.A. 48-261 through 48-271, and amendments thereto, shall be paid out of amounts appropriated therefor from the state general fund.
(d) The adjutant general shall administer the provisions of K.S.A. 48-261 through 48-271, and amendments thereto, and shall adopt rules and regulations to carry out the provisions thereof.
History: L. 1968, ch. 69, § 1; L. 1972, ch. 206, § 1; L. 1976, ch. 235, § 2; L. 2024, ch. 78, § 49; July 1.
Subject to K.S.A. 48-263, 48-264 and 48-268, entitlements shall accrue under this act to any member whenever the member: (a) Is wounded or injured, or
(b) contracts any disease or illness, physical or mental, or
(c) is killed or dies.
History: L. 1972, ch. 206, § 2; March 23.
Entitlements shall accrue under this act only when the wound, injury, disease, illness or death is incurred by the member: (a) In the line of duty when on an emergency or nonemergency assignment as specified in K.S.A. 48-225, and
(b) when in the service of this state, and
(c) when the member is at his or her place of duty or is traveling to or from such place of duty, or
(d) the member dies as a result of any such wound, injury, disease or illness.
History: L. 1972, ch. 206, § 3; March 23.
No entitlement shall accrue under this act, when comparable or superior death or disability benefits for the same occurrence accrue to the member under any federal law or regulation for the reason that the member was in federal service at the time of the occurrence.
History: L. 1972, ch. 206, § 4; March 23.
Any member entitled to benefits under this act for any wound, injury, disease or illness shall receive or be reimbursed for expenses arising therefrom for: (a) Medical, surgical and related services, and
(b) hospital, and
(c) drugs, medications, prosthetic devices and other materials or equipment necessary for treatment thereof, and
(d) transportation incidental to the foregoing, and
(e) amounts specified in K.S.A. 48-266 and 48-267.
History: L. 1972, ch. 206, § 5; March 23.
Any member entitled to benefits under this act for any wound, injury, disease or illness shall receive the same pay and allowance, whether in money or in kind, to which the member was entitled at the time when such entitlement accrued, during the period of disability, but not for more than a total of twelve (12) months after the end of his or her tour of duty.
History: L. 1972, ch. 206, § 6; March 23.
Any member, who is entitled to benefits under this act for any wound, injury, disease or illness and who incurs a permanent disability therefrom shall receive compensation as provided in this section. Entitlement to compensation under this section shall commence at the conclusion of the period specified in K.S.A. 48-266, and amendments thereto, and continue so long as such permanent disability exists. The monthly benefit under this section for total or 100% disability shall be $850 plus 12.5% of the monthly basic pay that the member would be entitled to receive under K.S.A. 48-225, and amendments thereto, if such member were called to active duty by the governor. The monthly benefit under this section for less than total or 100% disability shall be a percent of the amount payable for total disability that is equal to the percent of disability that the member is sustaining. Entitlement under this section and the amount thereof shall be determined by the military disability board. The board shall annually review each award under this section and determine whether such award shall continue unchanged, be reduced, be increased or be terminated.
History: L. 1972, ch. 206, § 7; L. 2024, ch. 78, § 50; July 1.
No payments shall be made under K.S.A. 48-266, 48-267 and 48-269 until a full investigation has been made by the adjutant general of the occurrence upon which the entitlement is based, and a hearing has been held and determination has been made thereon by the military disability board. In construction of this act there shall be no presumption that death or disability of any member was incurred in the line of duty, nor shall there be a liberal interpretation of the law or evidence in favor of any person claiming under this act. In the event of death or disability of a member resulting from a heart, circulatory or respiratory condition there must be clear and precise evidence that death or disability was incurred in the line of duty.
History: L. 1972, ch. 206, § 8; March 23.
Whenever a member is entitled to death benefits under this act:
(a) The member's estate shall be paid an amount equal to:
(1) Any reimbursement due the deceased under this act;
(2) the accrued pay and allowances of the deceased; and
(3) the amount of actual funeral expenses of the deceased not to exceed $3,500.
(b) The member's surviving spouse shall be paid a monthly compensation equal to $850 plus 12.5% of the monthly basic pay that the deceased member would be entitled to under K.S.A. 48-225, and amendments thereto, if such member were called to active duty by the governor at the time entitlement under this act accrued, until the surviving spouse dies or remarries.
(c) If a member's surviving spouse remarries, the surviving child or children under 18 years of age, or under 21 years of age and unmarried and still in school, shall be entitled to compensation as follows:
(1) One such child — $545 per month.
(2) Two such children — $390 per month to each child.
(3) Three such children — $340 per month to each child.
(4) More than three such children — to each child per month an amount determined by dividing the sum of $1,020, plus the product of $198 times the number of such children in excess of three, by the total number of children entitled to compensation.
(d) If a member is not married but is survived by a child or children, such children under 18 years of age, or under 21 years of age and unmarried and still in school, shall be entitled to compensation as specified in subsection (c).
(e) The children entitled to compensation under subsection (c) or (d) shall be the member's surviving children who meet the prescribed conditions on the first day of each calendar month. Compensation payable under subsection (c) or (d) shall be paid to the children or guardian as determined by the military disability board.
(f) If a member is survived by a child or children, such child or children during the period such child is under 22 years of age and is unmarried shall be entitled to attend any postsecondary educational institution as defined in K.S.A. 74-3201b, and amendments thereto, operated by the state or any county, city, school district or other political subdivision without being required to pay tuition or admission fees of any kind if such child is otherwise eligible to enroll in such institution and during the period such child is in good standing.
History: L. 1972, ch. 206, § 9; L. 1973, ch. 215, § 1; L. 2024, ch. 78, § 51; July 1.
If a member or his or her surviving spouse or children receive monthly cash benefits for death or total disability under this act no monthly benefits shall be payable under K.S.A. 74-4901 et seq., or 74-4951 et seq., and amendments thereto, during or for any month benefits for death or total disability are paid under this act. The adjutant general shall immediately notify the Kansas public employees retirement system on receipt of an application or claim for cash benefits under this act by a member or his or her surviving spouse or children.
History: L. 1972, ch. 206, § 10; March 23.
All benefits under this act shall be gratuities and shall not be deemed a part or right of any employment contract. No person shall acquire a vested interest in any benefit or payment under this act for any moneys not in hand received by such individual. The legislature reserves to itself the right to amend or repeal this act or any part thereof at any time.
History: L. 1972, ch. 206, § 11; March 23.
There is hereby created in the state treasury the military fees fund which shall be administered by the adjutant general. The adjutant general shall remit all moneys received as reimbursements from the federal government to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the military fees fund. The adjutant general may adopt rules and regulations establishing procedures for the administration of the military fees fund.
History: L. 1982, ch. 225, § 1; L. 2001, ch. 5, § 177; July 1.
(a) There is hereby created in the state treasury the armories and units general fees fund which shall be administered by the adjutant general.
(b) The adjutant general shall remit all moneys received pursuant to policies and rules and regulations of the adjutant general as reimbursements or other receipts from Kansas army or air national guard units or Kansas state guard units or personnel of such units for excess or private expenditures or services including, but not limited to, armory utility costs incurred during periods of armory rentals, costs of excess or private use of telecommunications services and costs of awards and decorations, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the armories and units general fees fund.
(c) The adjutant general may adopt rules and regulations establishing policies and procedures for the administration of the armories and units general fees fund.
History: L. 1983, ch. 266, § 1; L. 2001, ch. 5, § 178; July 1.
The Kansas administrative procedure act does not apply to orders of the adjutant general.
History: L. 1988, ch. 191, § 67; July 1.
Revisor's Note: Sections transferred to 74-32,145 through 74-32,149.
Revisor's Note: Section transferred to 74-32,146.
Revisor's Note: Section transferred to 74-32,147.
Revisor's Note: Section transferred to 74-32,148.
Revisor's Note: Section transferred to 74-32,149 through 74-32,149.
(a) The Kansas military board, for and on behalf of the state of Kansas is hereby authorized to exchange and convey the real property described in subsection (b) and improvements thereon to Mr. and Mrs. Jon Flickinger, Salina, Kansas, in consideration for which Mr. and Mrs. Jon Flickinger, Salina, Kansas, are hereby authorized to exchange and convey the real property described in subsection (c) and improvements thereon to the Kansas military board, for and on behalf of the state of Kansas. The exchange and conveyance of real property and improvements thereto by the Kansas military board under this section shall be executed in the name of the state of Kansas and shall be delivered upon receipt of a good and sufficient warranty deed from Mr. and Mrs. Jon Flickinger, Salina, Kansas, to the real property described in subsection (c). Before such real property is exchanged and conveyed, the attorney general shall approve the instruments of conveyance of the Kansas military board to Mr. and Mrs. Jon Flickinger, Salina, Kansas, and the instruments of conveyance of Mr. and Mrs. Jon Flickinger, Salina, Kansas, to the Kansas military board and shall approve the title to the real property exchanged and conveyed by the Kansas military board and the instruments of conveyance of Mr. and Mrs. Jon Flickinger, Salina, Kansas.
(b) In accordance with the provisions of this section, the Kansas military board is hereby authorized to exchange and convey the following described real property to Mr. and Mrs. Jon Flickinger, Salina, Kansas: Beginning at the SW corner of Block Three (3) in the Northeast Quarter (NE/4) of Section Three (3), Township Fifteen (15) South, Range Three (3) West of the 6th Principal Meridian, thence N 00°06′24″ W for a distance of 350′-8″, thence N 89°53′36″ E for a distance of 400′-0″, thence S 00°06′24″ E for a distance of 350′-8″, thence S 89°53′36″ W for a distance of 400′-0″to P.O.B. within the Schilling Subdivision, Saline County, Kansas, and containing 3.22 acres.
(c) In accordance with the provisions of this section, the Kansas military board is hereby authorized to accept title on behalf of the state of Kansas to the following described real property conveyed to the state of Kansas by Mr. and Mrs. Jon Flickinger, Salina, Kansas: The South Two Hundred Ninety-Six Feet (296′) of the West Four Hundred Seventy-Four Feet (474′) of Block Seven (7) of the Schilling Subdivision to the City of Salina, Saline County, Kansas, and which contains 3.22 acres more or less.
History: L. 1997, ch. 114, § 1; May 1.
(a) There is hereby created in the state treasury the national guard life insurance premium reimbursement fund which shall be administered by the adjutant general. All moneys credited to such fund shall be used only to reimburse eligible members of the Kansas army and air national guard for premiums paid for any period on or after September 1, 2005, under the servicemembers' group life insurance program pursuant to 38 U.S.C. § 1965 et seq., as amended, and not otherwise reimbursed by the federal government, for death benefit coverage of the member on federal active duty in a combat area.
(b) All expenditures from the national guard life insurance premium reimbursement fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved in the manner prescribed by law.
(c) The adjutant general is hereby authorized to receive moneys from any grants, gifts, contributions or bequests made for the purposes of this section and to expend such moneys for the purpose for which received.
(d) For the purpose of carrying out the provisions of this section, and subject to the availability of appropriations therefor, the adjutant general shall develop and implement a plan (1) to determine eligibility for reimbursement from the national guard life insurance premium reimbursement fund for premiums paid under the servicemembers' group life insurance program pursuant to 38 U.S.C. § 1965 et seq., as amended, and not otherwise reimbursed by the federal government, for death benefit coverage of the member on federal active duty in a combat area, and (2) to provide for such other aspects of the plan as the adjutant general deems necessary.
(e) Nothing in this section is intended to alter, amend or change the eligibility or applicability of the servicemembers' group life insurance program pursuant to 38 U.S.C. § 1965 et seq., as amended, or any rights, responsibilities or benefits thereunder.
(f) On and after the effective date of this act, and notwithstanding the provisions of section 1 or section 2 of chapter 207 of the 2005 session laws of Kansas, and amendments thereto, K.S.A. 48-282, and amendments thereto, or any other provision of law to the contrary, no member of the Kansas army or air national guard shall be eligible for the death benefit prescribed in section 1 of chapter 207 of the 2005 session laws of Kansas, and amendments thereto, or in K.S.A. 48-282, and amendments thereto, if such member is enrolled in the servicemember's group life insurance program pursuant to 38 U.S.C. § 1965 et seq., as amended, after August 31, 2005. No amount shall be paid from the national guard life insurance premium reimbursement fund with respect to any case of any member of the Kansas army or air national guard for whom any death benefit has been paid pursuant to section 1 or section 2 of chapter 207 of the 2005 session laws of Kansas, and amendments thereto, or pursuant to K.S.A. 48-282, and amendments thereto.
History: L. 2005, ch. 1, § 1 (Special Session); July 21.
(a) Subject to the provisions of K.S.A. 48-281, and amendments thereto, in addition to any other benefits provided to members of the Kansas army or air national guard, the state of Kansas shall provide an aggregate death benefit in the amount of $250,000 to the beneficiary or beneficiaries of each member of the Kansas national guard who, on or after the effective date of this act and prior to September 1, 2005, dies as a result of federal active duty in a combat area in the line of duty and for whom a death benefit is not payable pursuant to section 1 of chapter 207 of the 2005 session laws of Kansas, and amendments thereto. The death benefit provided by this section shall not be payable in any such case if such member dies as a result of committing suicide.
(b) The death benefit provided by this section shall be paid from amounts allocated therefor from the state emergency fund in accordance with K.S.A. 75-3713b, and amendments thereto.
(c) If such member has not designated one or more beneficiaries in accordance with the policies and procedures or rules and regulations adopted by the adjutant general for such death benefit, then a death benefit payable for such member's death pursuant to this section shall be paid into such member's estate and shall be disbursed or otherwise distributed as provided by law as part of such estate.
(d) For the purpose of carrying out the provisions of this section, the adjutant general shall adopt policies and procedures for the designation of a beneficiary or beneficiaries and for payment of the death benefit provided by this section and may adopt rules and regulations to carry out the provisions of this section.
History: L. 2005, ch. 1, § 2 (Special Session); July 21.
(a) The following findings and purpose apply to this section:
(1) The legislature finds that the federal government shutdown in 2013 delayed the payment of death gratuity benefits to the survivors of more than 25 United States service members and the legislature honors all service members who have died in service of their country; and
(2) the purpose of this section is to assist the families of fallen Kansas military service members during their time of need in the event of a future federal government shutdown.
(b) On and after January 1, 2015, when a federal government shutdown occurs and an eligible Kansas military service member is killed, the costs of the death gratuity shall be paid by the adjutant general. The adjutant general shall be reimbursed for the cost of the death gratuity once the federal government has reopened and pays the death gratuity. The adjutant general shall develop and implement a procedure to provide such reimbursements on or before January 1, 2015.
(c) To provide for the payments of the costs of paying the death gratuities described in subsection (a), the pooled money investment board is authorized and directed to loan to the adjutant general sufficient funds therefor. The pooled money investment board is authorized and directed to use any moneys in the operating accounts, investment accounts, or other investments, of the state of Kansas to provide the funds for such loans. There shall be no interest on these loans.
(d) The loan principal shall be payable solely from reimbursements received by the adjutant general for death gratuity payments paid by the state of Kansas during a federal government shutdown.
(e) The loan shall not be deemed to be an indebtedness or debt of the state of Kansas within the meaning of section 6 of article 11 of the constitution of the state of Kansas.
(f) There is hereby created in the state treasury the adjutant general death gratuity payment facilitation fund. From and after January 1, 2015, the adjutant general may periodically certify to the pooled money investment board amounts to be transferred pursuant to this subsection. Upon certification to the pooled money investment board by the adjutant general of the amounts authorized by subsection (b), the pooled money investment board shall transfer amounts certified by the adjutant general from the state bank accounts described in subsection (b) to the adjutant general death gratuity payment facilitation fund.
(g) All expenditures pursuant to this section, from the adjutant general death gratuity payment facilitation fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the adjutant general, or the adjutant general's designee.
(h) During a federal government shutdown, the adjutant general shall:
(1) Pay the death gratuity to the Kansas military service member's survivor, as designated by the Kansas military service member pursuant to the provisions of 10 U.S.C. § 1477(a), as in effect on July 1, 2014. If an eligible Kansas military service member does not designate a survivor or designates only a portion of the death gratuity to be paid to the survivor, the amount of the death gratuity not covered by a designation shall be paid in accordance with the provisions of 10 U.S.C. § 1477(b), as in effect on July 1, 2014; and
(2) make a death gratuity payment immediately upon receiving official notification of the death of an eligible Kansas military service member.
(i) When making a death gratuity payment as authorized under subsection (g), the adjutant general may act pursuant to the provisions of 10 U.S.C. § 1479, as in effect on July 1, 2014, for the purpose of making an immediate payment under 10 U.S.C. § 1475, as in effect on July 1, 2014.
(j) As used in this section:
(1) "Death gratuity" means the benefit payable to a Kansas military service member in accordance with 10 U.S.C. § 1477, as in effect on July 1, 2014.
(2) "Eligible Kansas military service member" means a resident of the state to whose survivor a death gratuity should be paid pursuant to 10 U.S.C. §§ 1475-1476, as in effect on July 1, 2014.
(3) "Federal government shutdown" means any furlough of non-emergency federal personnel and curtailment of agency programs, activities or services resulting in the government's inability to pay a death gratuity to the survivor of an eligible Kansas military service member.
History: L. 2014, ch. 129, § 2; July 1.
The benefits amounts specifically identified in K.S.A. 48-267 and 48-269, and amendments thereto, shall be adjusted by the military disability board, as defined in K.S.A. 48-261, and amendments thereto, to commence on July 1, 2025, and each July 1 thereafter by a percentage equal to the percentage increase from the previous calendar year in the consumer price index for all urban consumers as published by the bureau of labor statistics of the United States department of labor.
History: L. 2024, ch. 78, § 2; July 1.
As used in this act:
(a) "Adverse tier placement" means being subject to the rates of any tier with less coverage or higher premiums than the tier within which the insured is currently insured.
(b) "Federal government sponsored health insurance program" means the TriCare program providing coverage for civilian dependents of military personnel.
(c) "Health plan" means any insurance company or health maintenance organization which issues individual coverage to a resident of this state.
(d) "Individual coverage" means health insurance or health maintenance organization coverage issued on other than a group or blanket basis, including an individual coverage containing coverage for a spouse, dependent, or both.
(e) "Insureds" means persons enrolled under individual coverage issued by a health plan. Insureds includes persons covered under a policy of personal insurance.
(f) "Personal insurance" means private passenger automobile, motorcycle, mobile homeowners, homeowners, renters and non-commercial dwelling fire insurance policies and boat, personal watercraft, snowmobile and recreational vehicle policies.
History: L. 2005, ch. 116, § 1; July 1.
(a) No Kansas resident activated for military service, and no spouse or any dependents of such a resident who become eligible for a federal government sponsored health insurance program as a result of such activation, shall be denied reinstatement into the same individual coverage with the same health plan that such resident lapsed as a result of activation or becoming covered by the federal government sponsored health insurance program. Such resident will have the right to reinstatement in the same individual coverage without medical underwriting and in the same rating tier that the resident held prior to activation or becoming covered under the federal government sponsored health insurance program, subject to payment of the current premium charged to other persons of the same age and gender that are covered under the same individual coverage. Except in the case of birth or adoptions that occur during the period of activation, reinstatement must be into the same membership type, or a membership type covering fewer persons, as such resident held prior to lapsing the individual coverage, and at the same or higher deductible level. The reinstatement rights shall not be available to an insured or dependents if the activated person is discharged from the military under other than honorable conditions.
(b) The health plan with which the reinstatement is being requested must receive a request for such reinstatement no later than 30 days following the later of deactivation or loss of coverage under the federal government sponsored health insurance program. The health plan may request proof of loss and the timing of the loss of such government funded coverage in order to determine eligibility for reinstatement into the individual coverage. The effective date of the individual coverage will be first of the month following receipt of the notice requesting reinstatement.
(c) All health plans must provide written notice to the policyholder of individual coverage of the rights described in subsection (a) of K.S.A. 48-292 and amendments thereto. In lieu of the inclusion of such notice in the individual coverage policy, an insurance company will satisfy the notification requirement by providing a single written notice either:
(1) To a policyholder enrolling into the individual coverage initially after the effective date of this act, in conjunction with the enrollment process; or
(2) by mailing written notice to policyholders whose coverage was effective prior to the effective date of this act no later than 90 days following the effective date of this act.
History: L. 2005, ch. 116, § 2; July 1.
The provisions of K.S.A. 48-292, and amendments thereto, shall not apply to any policy or certificate providing coverage for any specified disease, specified accident or accident-only coverage, credit, dental, disability income, hospital indemnity, long-term care, as defined by K.S.A. 40-2227, and any amendments thereto, medicare supplement, as defined by the commissioner of insurance by rules and regulations, vision care, short-term nonrenewable health policy or other limited-benefit supplemental insurance, nor any coverage issued as a supplement to any liability insurance, workers' compensation or similar insurance, or any insurance under which benefits are payable with or without regard to fault, whether written on a group, blanket or individual basis.
History: L. 2005, ch. 116, § 3; July 1.
Nothing herein shall require a health plan to reinstate such resident if the health plan requires residency in an enrollment area and those residency requirements are not met after deactivation or loss of coverage under the government-sponsored health insurance program.
History: L. 2005, ch. 116, § 4; July 1.
All terms, conditions and limitations of the individual coverage into which reinstatement is made, will apply equally to all insureds enrolled in such coverage.
History: L. 2005, ch. 116, § 5; July 1.
No personal insurance issued to a Kansas resident on active military deployment beyond the borders of the United States of America, or the spouse or any dependent of such Kansas resident, shall be subject to cancellation, non-renewal, premium increase or adverse tier placement for the term of their deployment based solely upon said Kansas resident's military deployment.
History: L. 2005, ch. 116, § 6; July 1.
The commissioner of insurance is hereby authorized to adopt such rules and regulations as may be necessary to carry out the provisions of this act.
History: L. 2005, ch. 116, § 7; July 1.
(a) The Kansas military board is hereby empowered and directed to erect or provide, anywhere within the limits of this state and upon such terms and conditions decided upon by the Kansas military board as most advantageous to the state, armories for the use of the Kansas army or air national guard. Each such armory shall be used for drill, meeting and rendezvous purposes by the unit of the national guard occupying such armory and such other public functions that the officers in charge of such armory may deem advisable and proper.
(b) Subject to the provisions of K.S.A. 48-324, and amendments thereto, the adjutant general, with the advice of the Kansas military board, shall adopt rules and regulations establishing a uniform policy governing rental charges for use of armories for other than national guard purposes in order to recover the costs incurred for such use.
History: L. 1909, ch. 172, § 1; R.S. 1923, 48-301; L. 1982, ch. 225, § 2; L. 2024, ch. 78, § 52; July 1.
History: L. 1909, ch. 172, § 2; R. S. 1923, 48-302; Repealed, L. 1974, ch. 348, § 103; July 1.
The said military board is authorized and directed, upon donation of proper site by any county, city or municipality, to erect for the use of such company, battery, troop, battalion or regimental organization, and other organizations and public functions as specified in K.S.A. 48-301, an armory to be used for meeting, rendezvous, drill and other purposes in compliance with this act, and in which shall be stored the ordnance stores and quartermaster stores and other property issued to the organization occupying said armory. When such armory or armories are erected or provided, the said military board shall have charge thereof, and arrange for its occupancy and use under the direction and responsibility of the senior officer in command of such company, battery, troop, battalion or regimental organization.
History: L. 1909, ch. 172, § 3; May 29; R.S. 1923, 48-303.
The military board shall also constitute a board for the general management and care of said armories when established, and shall have the power to adopt and prescribe rules and regulations for their management and government, and formulate such rules for the guidance of the organization occupying them as may be necessary and desirable; said rules not to conflict with the provisions of this act.
History: L. 1909, ch. 172, § 4; May 29; R.S. 1923, 48-304.
Such military board shall have power to receive from other state agencies, counties, municipalities, or other sources, donations of land or contributions of money, buildings or other property to aid in providing or erecting armories, rifle ranges and training camps throughout the state, for the use of the national guard or state guard, of Kansas, and which shall be held as other property for the use of the state of Kansas; and such counties, cities or other municipalities are hereby authorized to make such contributions for the purpose of this act, and each city of the state of Kansas is hereby authorized and empowered to levy a tax upon all the property therein subject to taxation to raise the necessary money for said armory building and site herein specified and to pay a portion of the principal and interest on bonds issued by such city under the authority of K.S.A. 12-1774, and amendments thereto. No money shall be donated or tax levied until the same is authorized by a vote of the majority of electors in said city at an election called for that purpose.
History: L. 1909, ch. 172, § 5; R.S. 1923, 48-305; L. 1953, ch. 262, § 1; L. 1979, ch. 52, § 155; July 1.
History: L. 1909, ch. 172, § 6; R.S. 1923, 48-306; L. 1949, ch. 300, § 1; Repealed, L. 1986, ch. 198, § 1; July 1.
When the military board shall receive information from the governor of the disbandment of any organization of the national guard of Kansas occupying and using an armory provided by the state, under the direction of the military board, it shall be the duty of such military board to sell such armory, at public or private sale, after due publication, for the highest price to be obtained for the same, and the proceeds thereof shall be divided equitably between the state, city or county as their interest may appear.
History: L. 1909, ch. 172, § 7; R.S. 1923, 48-307; L. 1953, ch. 262, § 2; L. 1988, ch. 301, § 9; July 1.
Every city and county in the state of Kansas now having or that may hereafter have a national guard organization or a state guard organization within its boundaries, and every city having a national guard or state guard organization within five miles of its boundaries, is hereby authorized and empowered to render such financial assistance as it may deem wise and patriotic to such national guard organization, state guard organization or the military board of the state of Kansas, either by donating lands or buildings, donating the use of lands or buildings, or by contributing money for the equipping and maintenance of such national guard organization or state guard organization, or to the military board for acquiring or constructing an armory or armories except (a) that bonds of such city or county may be issued and sold, as provided by law, to raise the money for such purposes when authorized by a majority of the electors thereof voting at an election called and held, and bonds issued thereunder in accordance with the provisions of the general bond law; (b) that the governing body of any city of the first class located in any county having a population of not less than 110,000 and having an assessed tangible valuation of more than $150,000,000, and owning and operating a municipal airport and the board of county commissioners of any county in which such city is located which owns and operates a municipal airport, may issue and sell not to exceed $50,000 of bonds for the purpose of rendering financial assistance in the construction of a national guard armory to be used by a national guard air squadron; and (c) that every school district in the state of Kansas now having or that may hereafter have a national guard or state guard organization within its boundaries may lease or donate lands, buildings or equipment to such national guard or state guard organization.
History: L. 1919, ch. 220, § 1; R.S. 1923, 48-308; L. 1941, ch. 274, § 1; L. 1943, ch. 201, § 1; L. 1949, ch. 301, § 1; L. 1953, ch. 263, § 1; L. 1988, ch. 301, § 10; July 1.
(a) The governing body of any city in this state having a Kansas army or air national guard unit or Kansas state guard unit within its boundaries, or within 12 miles thereof, and the board of county commissioners of any county in this state having a Kansas army or air national guard unit or Kansas state guard unit within its boundaries are each hereby authorized and empowered to make an annual expenditure in cash, for furnishing equipment and maintenance to such national guard or state guard unit, in an amount not to exceed $2,000 for each Kansas army or air national guard unit which is now or hereafter may be organized, if such national guard unit has qualified for federal recognition as a part of the army or air national guard of the United States. For the purpose of providing funds for the purposes authorized under this section the board of county commissioners of any such county is hereby authorized to make such expenditures from the general fund of the county or may levy annually a tax upon all the taxable tangible property of the county sufficient to provide funds for the purposes authorized under this section and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.
(b) All funds received by any Kansas army or air national guard unit or Kansas state guard unit from a city or county under this section for furnishing equipment and maintenance to such unit may be expended for such purposes in accordance with rules and regulations adopted by the adjutant general. Each Kansas army or air national guard unit or Kansas state guard unit shall deposit all such funds received under this section in a separate account for such purposes in a bank, federally chartered savings bank or state or federally chartered savings and loan association designated by the pooled money investment board.
(c) All revenues received by any Kansas army or air national guard unit or Kansas state guard unit from other sources, including but not limited to armory rentals, vending proceeds and gifts and donations may be expended for operating expenses including maintenance and equipment and for morale and welfare purposes in accordance with rules and regulations adopted by the adjutant general. Each Kansas army or air national guard unit shall deposit all such funds received under this section in a separate account in a bank, federally chartered savings bank or state or federally chartered savings and loan association designated by the pooled money investment board.
(d) Each Kansas army or air national guard unit or Kansas state guard unit receiving funds under this section shall account for the receipt and expenditure of such funds as the adjutant general may direct.
History: L. 1919, ch. 220, § 2; R.S. 1923, 48-309; L. 1943, ch. 201, § 2; L. 1953, ch. 263, § 2; L. 1959, ch. 233, § 1; L. 1969, ch. 269, § 1; L. 1974, ch. 227, § 1; L. 1976, ch. 58, § 4; L. 1979, ch. 52, § 156; L. 1982, ch. 225, § 3; L. 1994, ch. 105, § 12; April 14.
In the event that any real property is donated to a national guard organization under the provisions of K.S.A. 48-308, and amendments thereto, and the national guard organization shall fail or refuse to use the same, or shall, after accepting the same, disband its organization, the title to the real property thus donated shall revert to the person, corporation or municipality donating the same.
History: L. 1919, ch. 220, § 3; R.S. 1923, 48-310; L. 1953, ch. 263, § 3; L. 1988, ch. 301, § 11; July 1.
This act shall not be construed to repeal any statute now on the statute book concerning the support and maintenance of the militia of this state, but is and shall be supplemental thereto.
History: L. 1919, ch. 220, § 4; June 17; R.S. 1923, 48-311.
The military board shall make a report, annually, of the proceedings incident to the location and management of such armories, respectively; also, a detailed account of disbursements, which shall be filed in the office of the adjutant general.
History: L. 1909, ch. 172, § 8; May 29; R.S. 1923, 48-312.
Said armory buildings shall be erected in accordance with plans and specifications approved by the secretary of administration and by the military board.
History: L. 1909, ch. 172, § 9; R.S. 1923, 48-313; L. 1978, ch. 336, § 2; July 1.
The director of accounts and reports is hereby authorized and directed, upon the filing of vouchers in favor of the parties entitled thereto upon estimates made by the secretary of administration and approved by the military board, to draw his or her warrants on the state treasurer for the payment of same.
History: L. 1909, ch. 172, § 10; R.S. 1923, 48-314; L. 1978, ch. 336, § 3; July 1.
History: L. 1947, ch. 307, § 1; L. 1961, ch. 261, § 1; L. 1967, ch. 434, § 16; L. 1974, ch. 348, § 21; Repealed, L. 1988, ch. 301, § 33; July 1.
History: L. 1947, ch. 307, § 2; Repealed, L. 1988, ch. 301, § 33; July 1.
History: L. 1947, ch. 307, § 3; L. 1949, ch. 302, § 1; L. 1963, ch. 456, § 6; L. 1970, ch. 64, § 76; L. 1975, ch. 495, § 13; L. 1983, ch. 49, § 83; Repealed, L. 1988, ch. 301, § 33; July 1.
History: L. 1947, ch. 307, § 4; Repealed, L. 1988, ch. 301, § 33; July 1.
History: L. 1947, ch. 307, § 5; L. 1953, ch. 264, § 1; Repealed, L. 1988, ch. 301, § 33; July 1.
History: L. 1947, ch. 307, §§ 6, 7; Repealed, L. 1988, ch. 301, § 33; July 1.
History: L. 1963, ch. 289, § 1; L. 1978, ch. 99, § 32; Repealed, L. 1988, ch. 301, § 33; July 1.
History: L. 1976, ch. 211, § 1; L. 1988, ch. 301, § 12; Repealed, L. 2003, ch. 50, § 1; April 17.
(a) In accordance with this section, portions of Kansas army and air national guard armories located in cities having populations of less than 4,000 may be leased for use on a regular basis for preschools which are providing educational and other programs for preschool children and which are licensed by the secretary of health and environment under K.S.A. 65-501 et seq. and amendments thereto.
(b) The adjutant general shall adopt necessary rules and regulations prescribing procedures for the leasing and operation of portions of Kansas army and air national guard armories located in cities having populations of less than 4,000 by individuals, associations, organizations and corporations for use on a regular basis as preschools as described in subsection (a). Such preschools in armories shall be operated in a manner which is compatible and which does not interfere with the normal operations of the Kansas army and air national guard units assigned to the armories. The adjutant general may prescribe procedures for the evacuation of the property of any such preschool from an armory in cases of emergency requiring the use of all portions of the armory by Kansas army or air national guard units.
(c) Rental charges for the use of a portion of an armory for a preschool under this section shall be imposed only to recover the costs actually incurred as a result of and attributable to such use, including but not limited to utility, janitorial and other maintenance expenses. Such rental charges shall be fixed in accordance with rules and regulations adopted by the adjutant general. Revenues from such charges shall be disposed of in accordance with K.S.A. 48-309 and amendments thereto and rules and regulations adopted thereunder.
History: L. 1978, ch. 207, § 1; L. 1982, ch. 225, § 4; April 22.
(a) The Kansas military board is hereby authorized and empowered to transfer and convey to the city of Horton, for no consideration all of the rights, title and interest in the following tract of real estate and any improvement thereon: Beginning at a point on the South Line of the Southwest quarter (SW ¼) of Section 28, Township 4 South, Range 17 East, 1,177 feet East of the Southwest corner of said Southwest quarter (SW ¼), said point being 332 feet East of a fence line bearing North thence East along the South line of said Southwest quarter (SW ¼) a distance of 300 feet, thence North 400 feet, thence West on a line parallel with the South line of said Southwest quarter (SW ¼) a distance of 300 feet, thence South 400 feet to the point of beginning, and containing 2.75 acres more or less, and all of said property being located in the Southwest quarter (SW ¼) of Section 28, Township 4 South, Range 17 East, Brown county, Kansas.
(b) Conveyance of such rights, title and interest in such real estate, and any improvements thereon, shall be executed in the name of the Kansas military board by the adjutant general. The deed for such conveyance may be by warranty deed or by quitclaim deed as determined to be in the best interests of the state by the Kansas military board in consultation with the attorney general.
(c) No transfer and conveyance of real estate and improvements thereon as authorized by this section shall be made by the Kansas military board until the deeds and conveyances have been reviewed and approved by the attorney general and, if a warranty deed is to be the instrument of conveyance, a title review has been performed or title insurance has been obtained and the title opinion or the certificate of title insurance, as the case may be, has been approved by the attorney general.
History: L. 2012, ch. 37, § 1; July 1.
Whenever an educational institution of the state of Kansas shall authorize and organize a military department, and shall muster a corps of cadets, uniformed and equipped, and numbering at least forty enlisted persons, the governor of the state may, upon the recommendation of the authorized head of the school, issue commissions to the officers of such corps of cadets specified in said recommendation.
History: L. 1901, ch. 100, § 1; February 22; R.S. 1923, 48-401.
When a corps of cadets shall exceed in number eighty enlisted men, there may be commissioned two captains, four first lieutenants (one of whom may act as battalion adjutant and one as battalion quartermaster), and two second lieutenants; and for each additional forty enlisted persons there may be, in addition, one captain, one first lieutenant, and one second lieutenant. When a corps of cadets shall exceed in number forty enlisted persons, but not be entitled to battalion organization as above, there may be commissioned one captain, one first lieutenant, and two second lieutenants (one of whom may act as adjutant).
History: L. 1901, ch. 100, § 2; February 22; R.S. 1923, 48-402.
When there shall not be an officer of the army of the United States or of the national guard of the state detailed to act as military instructor at an educational institution, there may be commissioned one commandant of cadets with the rank of a major, who will be in command of and act as instructor to the cadet corps. An officer of the national guard of the state may be so commissioned and at the same time retain his or her original rank in the militia.
History: L. 1901, ch. 100, § 3; February 22; R.S. 1923, 48-403.
Recommendations for commissions will be made by the authorized head of the institution to the adjutant general. Commissions shall be for the term of two years, unless terminated by removal for cause, resignation, or ceasing to be an attendant at the school. Commissions will be upon a specific blank prepared for this purpose, and will be signed by the governor and secretary of state, and attested by the adjutant general. All commissioned officers will be required to subscribe to the regular oath of office.
History: L. 1901, ch. 100, § 4; February 22; R.S. 1923, 48-404.
The term of an enlistment shall be for two years, unless terminated by discharge or removal from the institution as a student. Each cadet shall be required to take the following oath of enlistment: "I do solemnly swear [or affirm] that I will bear true faith and allegiance to the United States of America and to the state of Kansas, and that I will serve them faithfully and honestly against all their enemies whomsoever, and that I will obey the orders of the governor and of the officers appointed over me."
History: L. 1901, ch. 100, § 5; February 22; R.S. 1923, 48-405.
Nothing in this act shall be construed as giving any corps of cadets or any person commissioned under this act a claim upon the state for pay, equipment, or ammunition; nor shall any such organization be considered as a part of the organized militia of the state; nor will the commissions as provided for entitle the holder of any rank or precedence over an officer of the United States army or an officer of the Kansas national guard; nor shall any expense be created against the state: Provided, That the necessary blank commissions be supplied by the state.
History: L. 1901, ch. 100, § 6; February 22; R.S. 1923, 48-406.
Whenever any part of the national guard of this state is in active federal service, the governor is hereby authorized to organize and maintain within this state during such period, under such regulations as the secretary of defense of the United States may prescribe for discipline in training, such military forces as the governor may deem necessary to defend this state. Such forces shall be composed of officers commissioned or assigned, and such able-bodied citizens of the state as shall volunteer for service therein, supplemented, if necessary, by members of the unorganized militia enrolled by draft or otherwise as provided by law. Such forces shall be additional to and distinct from the national guard and shall be known as the Kansas state guard. Such forces shall be uniformed.
History: L. 1941, ch. 275, § 1; L. 1975, ch. 52, § 18; July 1.
The governor is hereby authorized to prescribe rules and regulations not inconsistent with the provisions of this act governing the enlistment, organization, administration, equipment, maintenance, training and discipline of such forces: Provided, Such rules and regulations, insofar as the governor deems practicable and desirable, shall conform to existing law governing and pertaining to the national guard and the rules and regulations promulgated thereunder, and shall prohibit the acceptance of gifts, donations, gratuities or anything of value by such forces or by any members of such forces from any individual, firm, association, or private corporation by reason of such membership.
History: L. 1941, ch. 275, § 2; March 20.
Members shall receive such pay and allowances as shall be provided by statute for training assemblies and camps; and when on state active duty not in the service of the United States they shall receive such pay and allowances, immunities and compensation for death and disability for hazardous duty as defined by statute for the Kansas army and air national guard when on active duty for the state.
History: L. 1941, ch. 275, § 3; L. 1968, ch. 167, § 1; March 26.
For the use of such forces, the governor is hereby authorized to requisition from the secretary of war such arms and equipment as may be in possession of and can be spared by the war department; and to make available to such forces the facilities of state armories owned or leased and their equipment and such other state premises and property as may be available.
History: L. 1941, ch. 275, § 4; March 20.
Such forces shall not be required to serve outside the boundaries of this state except that any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this state into another state until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons: Provided, Such other state shall have given authority by law for such pursuit by such forces of this state.
Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of the forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which such person is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.
History: L. 1941, ch. 275, § 5; March 20.
Any military forces or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are hereby authorized to arrest or capture such persons within this state while in fresh pursuit.
Any such person who shall be captured or arrested by the military forces of such other state while in this state shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful, and nothing contained in this section shall be deemed to repeal any of the provisions of the uniform act on the fresh pursuit of criminals.
History: L. 1941, ch. 275, § 6; March 20.
Nothing in this act shall be construed as authorizing such forces, or any part thereof, to be called, ordered or in any manner drafted, as such, into the military service of the United States, but no person shall by reason of his enlistment or commission in any such forces be exempted from military service under any law of the United States.
History: L. 1941, ch. 275, § 7; March 20.
No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in such forces as an organization or unit.
History: L. 1941, ch. 275, § 8; March 20.
No person shall be commissioned or enlisted in such forces who is not qualified for commissioning or enlistment as established by part II, title 10 of the United States code or who has received a punitive discharge from any military, naval, air or space component of any of the several states and territories, Puerto Rico or the District of Columbia.
History: L. 1941, ch. 275, § 9; L. 2024, ch. 78, § 53; July 1.
The oath to be taken by officers commissioned in such forces shall be substantially in the form prescribed for officers of the national guard, substituting the words "Kansas state guard" where necessary.
History: L. 1941, ch. 275, § 10; March 20.
Enlistments in the Kansas state guard shall be for two years, except that any person who has served a complete enlistment in the armed forces of the United States, the national guard, or the state guard may enlist for one year. The oath to be taken upon enlistment in such forces shall be substantially in the form prescribed for persons enlisted in the national guard, substituting the words "Kansas state guard" where necessary.
History: L. 1941, ch. 275, § 11; L. 1943, ch. 202, § 1; L. 1975, ch. 52, § 19; July 1.
(a) Whenever such forces or any part thereof shall be ordered out for active service, the articles of war of the United States applicable to members of the national guard of this state in relation to courts-martial, their jurisdiction and the limits of punishment and the rules and regulations prescribed thereunder shall be in full force and effect with respect to the Kansas state guard.
(b) Whenever such forces or any part thereof shall be ordered out for service of any kind, they shall have all powers, duties and immunities of peace officers of the state of Kansas in addition to all powers, duties and immunities now otherwise provided by law.
(c) No officer or enlisted person of such forces shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where he or she is ordered to attend for military duty.
Every officer and enlisted person of such forces shall, during service therein, be exempt from service upon any posse comitatus and from jury duty.
History: L. 1941, ch. 275, § 12; March 20.
If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 1941, ch. 275, § 13; March 20.
This act may be cited as the state guard act.
History: L. 1941, ch. 275, § 14; March 20.
Whenever the state guard, or any portion thereof, is called into the active military service of the state, the officers and enlisted persons shall receive the same rate of pay as is provided for officers and enlisted persons of like grades in the army of the United States.
History: L. 1941, ch. 276, § 1; April 9.
Members of the Kansas state guard after July 1, 1943, who are actually present and participate in regular weekly drills provided for by law or regulations, for not less than 11/2 hours, shall receive appropriate compensation as established by policy, guidance or regulation.
History: L. 1943, ch. 203, § 1; L. 2024, ch. 78, § 54; July 1.
(a) Any person employed in the state of Kansas who is called or ordered to state active duty by this state, or any other state, whether such person is a member of the Kansas army national guard, Kansas air national guard, the Kansas state guard or other military force of this state, or any other state, and who gave notice thereof to the person's employer, upon satisfactory performance of and release and return from such military duty or recovery from disease or injury resulting from such military duty, under honorable conditions, shall be reinstated in or restored to the position of employment, except a temporary position, which the person held at the time the person was called to state active duty. The person shall report to the person's place of employment within 72 hours after release from duty or recovery from disease or injury resulting from such military duty, as the case may be, and the person's employer or the employer's successor in interest, whether an agency of the state, a political subdivision of the state or a private employer, shall reinstate or restore the person in the same position which the person left at the time of the person's call to duty at no less compensation than that which the person was receiving at the time of the person's call to duty or to a position of like seniority, status and pay. However, if the person is not qualified to perform the duties of the same position by reason of disability sustained during the person's call to duty but is qualified to perform another position in the employ of the employer or the employer's successor, the employer or the employer's successor in interest shall employ such person in another position, the duties of which the person is qualified to perform, that will provide like seniority, status and pay or the nearest approximation thereof consistent with the circumstances of the case. Any person called to state active duty shall receive, upon release from state active duty, documentation of such person's service to this state or any other state in a memorandum certified by such person's commanding officer.
(b) Any person who is restored to the person's position in accordance with the provisions of subsection (a) shall be considered as having been on temporary leave of absence during the period for which the person is called to state active duty, shall be restored without loss of seniority, shall be entitled to participate in any benefits offered by the employer pursuant to established rules and practices relating to employees on leave of absence in effect with the employer at the time the person was called to duty as provided in this section and shall not be discharged from the person's position without cause within one year after restoration to the position.
(c) It is understood and declared to be the intent of this section that any person who is restored to a position in accordance with the provisions of subsections (a) and (b) shall be restored in such manner as to give the person such status in the person's employment as the person would have enjoyed if the person had continued in such employment continuously from the time of the person's answering the call to state active duty until the time of the person's restoration to such employment.
(d) An application on behalf of a person claiming to be entitled to any right or benefit under this section may be made to the attorney general. If the attorney general is reasonably satisfied that the person is entitled to the right or benefit sought, the attorney general may appear on behalf of and act as attorney for the person on whose behalf the application is submitted and may commence an action in the district court of the county for appropriate relief for the person. The district court of the county where the employer of a person claiming a right or benefit under this section, or the successor in interest to such employer, maintains a place of business shall have jurisdiction of any action filed by or on behalf of such person. If the court determines that the employer or the employer's successor in interest has failed to comply with the provisions of this section, the court may order the employer or the employer's successor in interest to: (1) Comply with the provisions of this section; and (2) compensate the person for any loss of wages or benefits suffered by reason of the failure of the employer or employer's successor in interest to comply with the provisions of this section. In addition, the court may order the employer or the employer's successor in interest to pay the person an additional amount equal to the amount authorized by subsection (d)(2) if the court determines that the employer or the employer's successor in interest willfully failed to comply with the provisions of this section. No fees or court costs shall be taxed against any person commencing an action under this subsection. The employer or the employer's successor in interest shall be deemed the only necessary party defendant to any such action.
(e) In any case in which two or more persons who are entitled to be restored to a position under the provisions of this section or of any law relating to similar reemployment or reinstatement benefits left the same position in order to enter this state's or any other state's call to active duty, the person who left the position first shall have the prior right to be restored thereto, without prejudice to the reemployment rights of the other person or persons to be restored.
(f) Upon request, the adjutant general shall provide technical assistance to any person claiming to be entitled to any right or benefit under this section during the course of an investigation subsequent to a claim as provided in subsection (d) and, when appropriate, to the employer or employer's successor in interest. The adjutant general shall place an investigating officer on state active duty orders to investigate the person's claim and attempt to resolve the claim by making reasonable efforts to ensure that the employer or employer's successor in interest complies with the provisions of this section. If such efforts are not successful, the adjutant general shall notify the person of the results of the investigation and the person's entitlement to proceed as provided by subsection (d).
(g) (1) An employer or an employer's successor in interest shall not be required to reemploy a person under this section if:
(A) The circumstances of the employer or the employer's successor in interest have so changed as to make reemployment of the person impossible or unreasonable;
(B) reemployment of the person would impose an undue hardship on the employer or the employer's successor in interest; or
(C) the employment from which the person leaves to serve in military duty is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.
(2) As used in subsection (g)(1), "undue hardship" means actions requiring significant difficulty or expense, when considered in light of:
(A) The nature and cost of the action needed under this act;
(B) the overall financial resources of the facility or facilities involved in the provision of the action, the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility;
(C) the overall financial resources of the employer or the employer's successor in interest; the overall size of the business of the employer or the employer's successor in interest with respect to the number of employees, the number, type and location of its facilities; and
(D) the type of operation or operations of the employer or the employer's successor in interest, including the composition, structure and functions of the work force of such employer or successor in interest, the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer or successor in interest.
History: L. 1996, ch. 137, § 1; L. 2015, ch. 76, § 2; July 1.
History: L. 1941, ch. 347, §§ 1, 2; Repealed, L. 1951, ch. 323, § 18; April 5.
History: L. 1941, ch. 347, § 3; L. 1943, ch. 204, § 1; Repealed, L. 1951, ch. 323, § 18; April 5.
History: L. 1941, ch. 347, §§ 4–6; Repealed, L. 1951, ch. 323, § 18; April 5.
History: L. 1943, ch. 35, § 1; Repealed, L. 1951, ch. 323, § 18; April 5.
History: L. 1943, ch. 206, §§ 1–6; Repealed, L. 1953, ch. 265, § 1; June 30.
History: L. 1943, ch. 205, §§ 1–6; Repealed, L. 1953, ch. 265, § 1; June 30.
Revisor's Note: Later act, see 48-916.
History: L. 1949, ch. 303, § 1; Repealed, L. 1951, ch. 323, § 18; April 5.
History: L. 1951, ch. 323, § 1; Repealed, L. 1955, ch. 263, § 14; July 1.
History: L. 1951, ch. 323, § 2; L. 1955, ch. 263, § 1; L. 1965, ch. 337, § 1; Repealed, L. 1975, ch. 283, § 32; April 11.
As used in this act:
(a) "Emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters;
(b) "adjutant general" means the adjutant general of the state of Kansas;
(c) "division of emergency management" means the division of emergency management created in the office of the adjutant general by K.S.A. 48-905, and amendments thereto;
(d) "disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including, but not limited to, fire, flood, earthquake, wind, storm, epidemics, contagious or infectious disease, air contamination, blight, drought, infestation, explosion, riot, terrorism or hostile military or paramilitary action;
(e) "unorganized militia" means all able-bodied male and female persons between the ages of 16 and 50 years;
(f) "state disaster emergency plan" means the plan prepared and maintained by the division of emergency management pursuant to K.S.A. 48-926, and amendments thereto;
(g) "local and interjurisdictional disaster emergency plans" means all disaster emergency plans developed and promulgated by county, city and interjurisdictional disaster agencies pursuant to K.S.A. 48-929, and amendments thereto; and
(h) "hazardous material" means any substance or material in a quantity or form which may be harmful or injurious to the health and safety of humans, animals, crops or property when released into the environment. Hazardous material includes, but is not limited to, explosives, radioactive materials, disease-causing agents, flammable liquids, solids or gases, combustible liquids, poisons, poisonous gases, oxidizing materials, corrosive materials, irritants, nonflammable gases, cryogenics and blasting agents.
History: L. 1951, ch. 323, § 3; L. 1955, ch. 263, § 2; L. 1975, ch. 283, § 1; L. 1980, ch. 158, § 1; L. 1994, ch. 248, § 2; L. 2001, ch. 163, § 10; L. 2002, ch. 83, § 1; July 1.
History: L. 1951, ch. 323, § 4; L. 1955, ch. 263, § 3; L. 1975, ch. 283, § 2; Repealed, L. 1994, ch. 248, § 37; July 1.
(a) The division of emergency preparedness within the office of the adjutant general is hereby abolished and there is hereby established within the office of the adjutant general a division of emergency management. To the extent provided in this act, all of the powers, duties and functions of such division of emergency preparedness are hereby transferred to and conferred and imposed upon the division of emergency management. The division of emergency management and the powers, duties and functions thereof shall be administered, by the adjutant general, who shall be the chief administrative officer thereof, under the supervision of the governor.
(b) Whenever the division of emergency preparedness within the office of the adjutant general, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of emergency management.
(c) The division of emergency management shall be a continuation of the division of emergency preparedness within the office of the adjutant general as the same existed prior to the effective date of this act.
History: L. 1994, ch. 248, § 1; July 1.
History: L. 1951, ch. 323, § 5; Repealed, L. 1955, ch. 263, § 14; July 1.
For the purposes of administering the division of emergency management and the powers, duties and functions thereof, the adjutant general shall have the following powers and duties:
(a) To adopt, amend and repeal rules and regulations;
(b) to cooperate with the advisory commission to the council of national defense through its division of state and local cooperation, or with any similar federal agencies hereafter created, and with any departments or other federal agencies engaged in defense or emergency management activities;
(c) to cooperate with emergency management agencies or councils and similar organizations of other states;
(d) to cooperate with county, city and interjurisdictional disaster agencies;
(e) to supervise and direct investigations, and report to the governor with recommendations for legislation or other appropriate action as the adjutant general deems necessary, with respect to any type of activity or matter of public concern or welfare insofar as the same is or may be related to emergency management;
(f) to appoint committees to aid the adjutant general in the discharge of the powers and duties conferred by this act;
(g) to require and direct the cooperation and assistance of state and local governmental agencies and officials;
(h) to serve as the chief administrative officer of the division of emergency management and the state resources administrator; and
(i) to do all acts and things, not inconsistent with law, for the furtherance of emergency management activities.
History: L. 1951, ch. 323, § 6; L. 1955, ch. 263, § 4; L. 1965, ch. 337, § 2; L. 1975, ch. 283, § 21; L. 1994, ch. 248, § 3; July 1.
History: L. 1951, ch. 323, § 7; L. 1955, ch. 263, § 5; Repealed, L. 1975, ch. 283, § 32; April 11.
History: L. 1951, ch. 323, § 8; L. 1955, ch. 263, § 6; L. 1957, ch. 308, § 1; Repealed, L. 1975, ch. 283, § 32; April 11.
History: L. 1951, ch. 323, § 9; L. 1955, ch. 263, § 7; Repealed, L. 1975, ch. 283, § 32; April 11.
The adjutant general, at the request of the governor, is authorized to create and establish such number of mobile support units as may be necessary to reinforce the emergency management activities of county, city and interjurisdictional disaster agencies in stricken areas and with due consideration of the plans of the federal government and of other states. The adjutant general shall appoint a commander for each such unit who shall have primary responsibility for the organization, administration and operation of such unit for such purposes. Mobile support units shall be called to duty upon orders of the adjutant general, with the approval of the governor, and shall perform their functions in any part of the state or in other states upon the conditions authorized under the provisions of this act.
History: L. 1951, ch. 323, § 10; L. 1955, ch. 263, § 8; L. 1975, ch. 283, § 22; L. 1994, ch. 248, § 4; July 1.
For the purpose of making surveys and investigations and obtaining information under this act, the adjutant general may compel by subpoena the attendance of witnesses, and the production of books, papers, records and documents of individuals, firms, associations and corporations; and all officers, boards, commissions and departments of the state, and the political subdivisions thereof, having information with respect thereto, shall cooperate with and assist him or her in making such investigations and surveys. In case of disobedience to a subpoena of the adjutant general, the adjutant general may invoke the aid of any court of competent jurisdiction in requiring the attendance and testimony of witnesses and the production of documentary evidence. Each witness who appears before the adjutant general by his or her order, other than a state officer or employee, shall receive for his or her attendance the fees and mileage provided for witnesses in civil actions in courts of record, which shall be audited and paid upon presentation of proper vouchers certified to by such witness and approved by the adjutant general.
History: L. 1951, ch. 323, § 11; L. 1955, ch. 263, § 9; L. 1975, ch. 283, § 23; April 11.
History: L. 1951, ch. 323, § 12; L. 1955, ch. 263, § 10; Repealed, L. 1975, ch. 283, § 32; April 11.
Notwithstanding any inconsistent provision of law:
(a) Whenever the adjutant general, with approval of the governor, deems it to be in the public interest, he or she may: (1) Authorize any department or agency of the state to lease or lend, on such terms and conditions as he or she may deem necessary to promote the public welfare and protect the interests of the state, any real or personal property of the state government to the president, the heads of the armed forces, or to the civil defense agency of the United States.
(2) Enter into a contract on behalf of the state for the lease or loan to any political subdivision of the state on such terms and conditions as he or she may deem necessary to promote the public welfare and protect the interests of the state, of any real or personal property of the state or under the jurisdiction or control of the state government, or the temporary transfer or employment of personnel of the state government to or by any political subdivision of the state.
(3) Enter into a contract on behalf of the state to provide by lease or purchase to any individual in this state, any services, materials or equipment of the state, or under the jurisdiction or control of the state, for the purpose of alleviating hardships and distress of such individual arising from a disaster, and receive reimbursement on behalf of the state in whole or in part for such services, materials or equipment.
(b) The mayor of any city or the chairman of the board of county commissioners of any county of the state may: (1) Enter into such contract or lease with the state, or accept any such loan, or employ such personnel, and such political subdivision may equip, maintain, utilize and operate any such property and employ necessary personnel therefor in accordance with the purposes for which such contract is executed.
(2) Do all things and perform any and all acts which he or she may deem necessary to effectuate the purpose for which such contract was entered into.
History: L. 1951, ch. 323, § 13; L. 1955, ch. 263, § 11; L. 1975, ch. 283, § 24; April 11.
(a) Neither the state nor any political subdivision of the state, nor the agents or representatives of the state or any political subdivision thereof, shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer worker, or member of any agency, engaged in emergency management activities. The foregoing shall not affect the right of any person to receive benefits or compensation to which such person otherwise may be entitled under the workers compensation law or any pension law or any act of congress.
(b) Whenever a proclamation is issued declaring a state of disaster emergency pursuant to K.S.A. 48-924, and amendments thereto, neither the state nor any political subdivision of the state nor, except in cases of willful misconduct, gross negligence or bad faith, the employees, agents, or representatives of the state or any political subdivision thereof, nor any volunteer worker, or member of any agency, engaged in any emergency management activities, complying with or reasonably attempting to comply with this act, or any proclamation, order, rule and regulation promulgated pursuant to the provisions of this act, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity performed during the existence of such state of disaster emergency or other such state of emergency.
(c) Any member of a regional medical emergency response team created under the provisions of K.S.A. 48-928, and amendments thereto, shall be deemed a state employee under the Kansas tort claims act, K.S.A. 75-6101, et seq., and amendments thereto.
History: L. 1951, ch. 323, § 14; L. 1975, ch. 283, § 25; L. 1994, ch. 248, § 5; L. 2002, ch. 149, § 1; July 1.
(a) Whenever the federal government or any agency or officer thereof offers to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of emergency management, the state, acting through the governor or such political subdivision, acting with the consent of the governor and through its executive officer or governing body, may accept such offer and upon such acceptance the governor of the state or executive officer or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials or funds on behalf of the state or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
(b) Whenever any person, firm or corporation offers to the state or to any political subdivision thereof, services, equipment, supplies, materials or funds by way of gift, grant or loan, for purpose of emergency management, the state, acting through the governor, or such political subdivision, acting through its executive officer or governing body, may accept such offer and upon such acceptance the governor of the state or executive officer or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials or funds on behalf of the state or such political subdivision, subject to the terms of the offer.
(c) If an agreement pursuant to which an interjurisdictional disaster agency is established and functions so provides, such agency may accept, administer, utilize and expend grants, gifts or other assistance in the same manner provided for the state and political subdivisions in subsections (a) and (b).
History: L. 1951, ch. 323, § 15; L. 1975, ch. 283, § 26; L. 1994, ch. 248, § 6; July 1.
No person shall be employed by any emergency management organization established under this act who advocates a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States.
History: L. 1951, ch. 323, § 16; L. 1975, ch. 283, § 27; L. 1994, ch. 248, § 7; July 1.
History: L. 1951, ch. 323, § 17; Repealed, L. 1955, ch. 263, § 14; July 1.
The adjutant general, as the chief administrative officer of the division of emergency management, is hereby authorized to employ an emergency management programs' administrator, a planning officer and such technical, professional, clerical, stenographic and other personnel and may make such expenditures within the appropriation therefor, or from other funds made available to the adjutant general for the purpose of emergency management, as may be necessary to carry out the purposes of this act. Such employees shall be within the classified service and their compensation shall be determined as provided by the Kansas civil service act. The adjutant general and such employees may be reimbursed for their actual and necessary travel and other expenses incurred in connection with their official duties under this act, subject to the applicable provisions of article 32 of chapter 75 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1955, ch. 263, § 12; L. 1959, ch. 234, § 1; L. 1975, ch. 283, § 28; L. 1994, ch. 248, § 8; July 1.
This act and the act of which this section is amendatory may be cited as the Kansas emergency management act.
History: L. 1955, ch. 263, § 13; L. 1975, ch. 283, § 29; L. 1994, ch. 248, § 9; July 1.
History: L. 1955, ch. 262, § 1; Repealed, L. 1975, ch. 283, § 32; April 11.
(a) The governing body of any city which has a disaster agency pursuant to K.S.A. 48-929, and amendments thereto, or is participating in an interjurisdictional arrangement under an interjurisdictional disaster agency pursuant to K.S.A. 48-930, and amendments thereto, may purchase accident insurance for the protection of those volunteer workers engaged in emergency management activities sustaining injury or death by accidental means as a result of such emergency management activities as the volunteer worker may be called on to perform when called into services in such capacity. The governing body of such city may purchase accident insurance from private insurance companies in such amounts and for such coverages as the city governing body may deem necessary and pay for such insurance out of the emergency management fund. The purchase of such insurance shall not constitute a waiver of the immunity of the city from any action or suit provided for in K.S.A. 48-915, and amendments thereto.
(b) As used in this section: (1) "Volunteer workers" means those natural persons who volunteer their services for the purpose of engaging in emergency management activities under a disaster agency established and maintained under K.S.A. 48-929 or 48-930, and amendments thereto; and
(2) "injury" means and includes all injuries to a volunteer worker received by accidental means while such volunteer worker is actually engaged in performing duties arising out of and in the course of such emergency management activities.
History: L. 1955, ch. 262, § 2; L. 1975, ch. 283, § 30; L. 1994, ch. 248, § 10; July 1.
Nothing in the emergency management act shall be construed to:
(a) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this act may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
(b) interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including but not limited to radio and television stations, wire services and newspapers, may be required by the governor to transmit or print public service messages, information or instructions in connection with a declared state of disaster emergency;
(c) affect, other than during a declared state of disaster emergency, the jurisdiction or responsibilities of police forces, fire fighting forces, units of the armed forces of the United States, or of any personnel thereof, when on active duty; but the state disaster emergency plan and local and interjurisdictional disaster emergency plans shall place reliance upon such forces which are available for performance of functions related to a declared state of disaster emergency; or
(d) limit, modify or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution, statutes or common law of this state independent of, or in conjunction with, any provisions of this act.
History: L. 1975, ch. 283, § 3; L. 1994, ch. 248, § 11; July 1.
(a) The governor shall be responsible for meeting the dangers to the state and people presented by disasters.
(b) (1) Subject to the provisions of K.S.A. 48-924b, and amendments thereto, the governor, upon finding that a disaster has occurred or that occurrence or the threat thereof is imminent, shall issue a proclamation declaring a state of disaster emergency.
(2) In addition to or instead of the proclamation authorized by K.S.A. 47-611, and amendments thereto, the governor, upon a finding or when notified pursuant to K.S.A. 47-611, and amendments thereto, that a quarantine or other regulations are necessary to prevent the spread among domestic animals of any contagious or infectious disease, may issue a proclamation declaring a state of disaster emergency. In addition to or instead of any actions pursuant to the provisions of K.S.A. 2-2114, and amendments thereto, the governor, upon a finding or when notified pursuant to K.S.A. 2-2112 et seq., and amendments thereto, that a quarantine or other regulations are necessary to prevent the spread among plants, raw agricultural commodities, animal feed or processed food of any contagious or infectious disease, may issue a proclamation declaring a state of disaster emergency.
(3) The state of disaster emergency so declared shall continue until the governor finds that the threat or danger of disaster has passed, or the disaster has been dealt with to the extent that emergency conditions no longer exist. Upon making such findings the governor shall terminate the state of disaster emergency by proclamation, but except as provided in paragraph (4), no state of disaster emergency may continue for longer than 15 days unless ratified by concurrent resolution of the legislature, with the single exception that upon specific application by the governor to the legislative coordinating council and an affirmative vote of five of the members thereof, a state of disaster emergency may be extended for specified periods not to exceed 30 days each.
(4) If the state of disaster emergency is proclaimed pursuant to paragraph (2), the governor shall terminate the state of disaster emergency by proclamation within 15 days, unless ratified by concurrent resolution of the legislature, except that when the legislature is not in session and upon specific application by the governor to the legislative coordinating council and an affirmative vote of five members thereof, a state of disaster emergency may be extended for a specified period not to exceed 30 days. The legislative coordinating council may authorize additional extensions of the state of disaster emergency by an affirmative vote of five members thereof for specified periods not to exceed 30 days each. Such state of disaster emergency shall be terminated on the 15th day of the next regular legislative session following the initial date of the state of disaster emergency unless ratified by concurrent resolution of the legislature.
(5) The state of disaster emergency described in K.S.A. 48-924b, and amendments thereto, shall terminate as provided in K.S.A. 48-924b, and amendments thereto, except that when the legislature is not in session or is adjourned during session for three or more days, and upon specific application by the governor to the legislative coordinating council and an affirmative vote of five members thereof, this state of disaster emergency may be extended for specified periods not to exceed 30 days each.
(6) At any time, the legislature by concurrent resolution may require the governor to terminate a state of disaster emergency. Upon such action by the legislature, the governor shall issue a proclamation terminating the state of disaster emergency.
(7) Any proclamation declaring or terminating a state of disaster emergency that is issued under this section shall indicate the nature of the disaster, the area or areas of the state threatened or affected by the disaster and the conditions that have brought about, or that make possible the termination of, the state of disaster emergency. Each such proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster prevent the same, each such proclamation shall be filed promptly with the division of emergency management, the office of the secretary of state and each city clerk or county clerk, as the case may be, in the area or areas of the state to which such proclamation applies.
(c) In the event of the absence of the governor from the state or the existence of any constitutional disability of the governor, an officer specified in K.S.A. 48-1204, and amendments thereto, in the order of succession provided by that section, may issue a proclamation declaring a state of disaster emergency in the manner provided in and subject to the provisions of subsection (b). During a state of disaster emergency declared pursuant to this subsection, such officer may exercise the powers conferred upon the governor by K.S.A. 48-925, and amendments thereto. If a preceding officer in the order of succession becomes able and available, the authority of the officer exercising such powers shall terminate and such powers shall be conferred upon the preceding officer. Upon the return of the governor to the state or the removal of the constitutional disability of the governor, the authority of an officer to exercise the powers conferred by this section shall terminate immediately and the governor shall resume the full powers of the office. Any such state of disaster emergency and any actions taken by an officer under this subsection shall continue and shall have full force and effect as authorized by law unless modified or terminated by the governor in the manner prescribed by law.
(d) A proclamation declaring a state of disaster emergency shall activate the disaster response and recovery aspects of the state disaster emergency plan and of any local and interjurisdictional disaster plans applicable to the areas of the state and any political subdivisions thereof affected by the proclamation. Such proclamation shall constitute the authority necessary for the deployment and use of any forces to which the plan or plans apply and for use or distribution of any supplies, equipment, materials or facilities assembled, stockpiled or arranged to be made available pursuant to this act during a disaster.
(e) The governor, when advised pursuant to K.S.A. 74-2608, and amendments thereto, that conditions indicative of drought exist, is authorized to declare by proclamation that a state of drought exists. This declaration of a state of drought can be for specific areas or communities, can be statewide or for specific water sources and shall effect immediate implementation of drought contingency plans contained in state approved conservation plans, including those for state facilities.
History: L. 1975, ch. 283, § 4; L. 1991, ch. 292, § 1; L. 1994, ch. 248, § 12; L. 2001, ch. 163, § 11; L. 2002, ch. 88, § 5; L. 2020, ch. 1, § 32 (Special Session); L. 2021, ch. 1, § 2; L. 2021, ch. 7, § 4; March 25.
In addition to the authority granted by subsection (a)(3) of K.S.A. 48-924, and amendments thereto, the state of disaster emergency which was declared by the governor pursuant to K.S.A. 48-924 by proclamation on May 4, 2007, for the counties of Kiowa, Barton, Stafford, Pratt, Edwards and Phillips as a result of the May 4, 2007, severe weather-related disaster in such counties, which was extended and continued in existence by the finance council on May 16, 2007, for the counties of Kiowa, Barton, Stafford, Pratt, Edwards and Phillips for an additional 30 days through June 18, 2007, and which was ratified and continued in effect for the county of Kiowa by the house concurrent resolution adopted by the house of representatives, the senate concurring therein, on May 22, 2007, for an additional period ending on October 31, 2007, may be further extended and continued in existence for the county of Kiowa for one or more additional periods after October 31, 2007, by the state finance council, by unanimous vote of all of the members of the council, acting on this matter which is hereby declared to be a matter of legislative delegation and subject to the guidelines prescribed by subsection (c) of K.S.A. 75-3711c, and amendments thereto, except that such state of disaster emergency for the county of Kiowa shall not be extended and continued in effect after January 14, 2008.
History: L. 2007, ch. 202, § 3; May 31.
(a) The state of disaster emergency that was declared by the governor pursuant to K.S.A. 48-924, and amendments thereto, as a result of the COVID-19 health emergency, by proclamation on March 12, 2020, which was ratified and continued in force and effect through May 1, 2020, by 2020 House Concurrent Resolution No. 5025, adopted by the house of representatives with the senate concurring therein on March 19, 2020, declared by proclamation on April 30, 2020, which was extended and continued in existence by the state finance council on May 13, 2020, for an additional 12 days through May 26, 2020, and declared by proclamation on May 26, 2020, which was ratified and continued in existence through September 15, 2020, by this section, extended and continued in existence by the state finance council on September 11, 2020, for an additional 30 days through October 15, 2020, extended and continued in existence by the state finance council on October 7, 2020, for an additional 30 days through November 15, 2020, extended and continued in existence by the state finance council on November 13, 2020, for an additional 30 days through December 15, 2020, extended and continued in existence by the state finance council on December 11, 2020, for an additional 26 days through January 10, 2021, extended and continued in existence by the state finance council on January 6, 2021, for an additional 16 days through January 26, 2021, and ratified and continued in existence through March 31, 2021, by this section for all 105 counties of Kansas, is hereby ratified and continued in existence from March 12, 2020, through May 28, 2021.
(b) The governor shall not proclaim any new state of disaster emergency related, in whole or in part, to the COVID-19 health emergency, including, but not limited to, any economic, financial or other crisis caused by such emergency, during 2020 or 2021, unless the governor makes specific application to the legislative coordinating council and an affirmative vote of five members thereof approves such action by the governor.
(c) Notwithstanding any other provision of law to the contrary, all executive orders issued during the state of disaster emergency ratified and continued in existence pursuant to this section related to the COVID-19 health emergency are hereby revoked on March 31, 2021, and shall be null and void. Any new executive orders issued during the state of disaster emergency ratified and continued in existence pursuant to subsection (a) or during a state of disaster emergency authorized pursuant to subsection (b) that are related to the COVID-19 health emergency shall be subject to revocation by the legislature or the legislative coordinating council pursuant to K.S.A. 48-925, and amendments thereto.
History: L. 2020, ch. 1, § 5 (Special Session); L. 2021, ch. 1, § 3; L. 2021, ch. 7, § 5; March 25.
(a) During any state of disaster emergency declared under K.S.A. 48-924, and amendments thereto, the governor shall be commander-in-chief of the organized and unorganized militia and of all other forces available for emergency duty. To the greatest extent practicable, the governor shall delegate or assign command authority by prior arrangement, embodied in appropriate executive orders or in rules and regulations of the adjutant general, but nothing shall restrict the authority of the governor to do so by executive orders issued at the time of a disaster.
(b) Under the provisions of this act and for the implementation of this act, the governor may issue executive orders to exercise the powers conferred by subsection (c) that have the force and effect of law during the period of a state of disaster emergency declared under K.S.A. 48-924(b), and amendments thereto, or as provided in K.S.A. 48-924b, and amendments thereto. The chairperson of the legislative coordinating council shall call a meeting of the council to occur within 24 hours of the issuance of an executive order issued pursuant to this section for the purposes of reviewing such order. Such executive orders shall be null and void after the period of a state of disaster emergency has ended. Such executive orders may be revoked at any time by concurrent resolution of the legislature or, when the legislature is not in session or is adjourned during session for three or more days, such orders may be revoked by the legislative coordinating council with the affirmative vote of five members thereof.
(c) Except as provided in K.S.A. 48-924b, and amendments thereto, during a state of disaster emergency declared under K.S.A. 48-924, and amendments thereto, in addition to any other powers conferred upon the governor by law and subject to the provisions of subsection (d), the governor may:
(1) Suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders or rules and regulations of any state agency which implements such statute, if strict compliance with the provisions of such statute, order or rule and regulation would prevent, hinder or delay in any way necessary action in coping with the disaster;
(2) utilize all available resources of the state government and of each political subdivision as reasonably necessary to cope with the disaster;
(3) transfer the supervision, personnel or functions of state departments and agencies or units thereof for the purpose of performing or facilitating emergency management activities;
(4) subject to any applicable requirements for compensation under K.S.A. 48-933, and amendments thereto, commandeer or utilize any private property if the governor finds such action necessary to cope with the disaster;
(5) direct and compel the evacuation of all or part of the population from any area of the state stricken or threatened by a disaster, if the governor deems this action necessary for the preservation of life or other disaster mitigation, response or recovery;
(6) prescribe routes, modes of transportation and destinations in connection with such evacuation;
(7) control ingress and egress of persons and animals to and from a disaster area, the movement of persons and animals within the area and the occupancy by persons and animals of premises therein;
(8) suspend or limit the sale, dispensing or transportation of alcoholic beverages, explosives and combustibles;
(9) make provision for the availability and use of temporary emergency housing;
(10) require and direct the cooperation and assistance of state and local governmental agencies and officials; and
(11) perform and exercise such other functions, powers and duties in conformity with the constitution and the bill of rights of the state of Kansas and with the statutes of the state of Kansas, except any regulatory statute specifically suspended under the authority of subsection (c)(1), as are necessary to promote and secure the safety and protection of the civilian population.
(d) The governor shall not have the power or authority under the provisions of the Kansas emergency management act or any other law to:
(1) Limit or otherwise restrict the sale, purchase, transfer, ownership, storage, carrying or transporting of firearms or ammunition, or any component or combination thereof, including any components or combination thereof used in the manufacture of firearms or ammunition, or seize or authorize the seizure of any firearms or ammunition, or any component or combination thereto, except as otherwise permitted by state or federal law pursuant to subsection (c)(8) or any other executive authority;
(2) alter or modify any provisions of the election laws of the state including, but not limited to, the method by which elections are conducted or the timing of such elections; or
(3) prohibit attending or conducting any religious service or worship service in a church, synagogue or place of worship.
(e) The governor shall exercise the powers conferred by subsection (c) by issuance of executive orders under subsection (b). Each executive order issued pursuant to the authority granted by subsection (b) shall specify the provision or provisions of subsection (c) by specific reference to each paragraph of subsection (c) that confers the power under which the executive order was issued. The adjutant general, subject to the direction of the governor, shall administer such executive orders.
(f) (1) Any party aggrieved by an executive order issued pursuant to this section that has the effect of substantially burdening or inhibiting the gathering or movement of individuals or the operation of any religious, civic, business or commercial activity, whether for-profit or not-for-profit, may file a civil action in the district court of the county in which such party resides or in the district court of Shawnee county, Kansas, within 30 days after the issuance of such executive order. Notwithstanding any order issued pursuant to K.S.A. 20-172(a), and amendments thereto, the court shall conduct a hearing within 72 hours after receipt of a petition in any such action. The court shall grant the request for relief unless the court finds such executive order is narrowly tailored to respond to the state of disaster emergency and uses the least restrictive means to achieve such purpose. The court shall issue an order on such petition within seven days after the hearing is conducted. If the court does not issue an order on such petition within seven days, the relief requested in the petition shall be granted.
(2) Relief under this section shall not include a stay or injunction concerning the contested executive order that applies beyond the county in which the petition was filed.
(3) The supreme court may adopt emergency rules of procedure to facilitate the efficient adjudication of any hearing requested under this subsection, including, but not limited to, rules for consolidation of similar hearings.
(g) (1) The board of county commissioners of any county may issue an order relating to public health that includes provisions that are less stringent than the provisions of an executive order effective statewide issued by the governor. Any board of county commissioners issuing such an order must make the following findings and include such findings in the order:
(A) The board has consulted with the local health officer or other local health officials regarding the governor's executive order;
(B) following such consultation, implementation of the full scope of the provisions in the governor's executive order are not necessary to protect the public health and safety of the county; and
(C) all other relevant findings to support the board's decision.
(2) If the board of county commissioners of a county issues an order pursuant to paragraph (1), such order shall operate in the county in lieu of the governor's executive order.
History: L. 1975, ch. 283, § 5; L. 1994, ch. 248, § 13; L. 2001, ch. 163, § 12; L. 2008, ch. 97, § 2; L. 2020, ch. 1, § 33 (Special Session); L. 2020, ch. 1, § 34 (Special Session); L. 2021, ch. 1, § 4; L. 2021, ch. 1, § 5; L. 2021, ch. 7, § 6; L. 2022, ch. 95, § 2; June 2.
(a) During any state of disaster emergency related to the COVID-19 public health emergency declared pursuant to K.S.A. 48-924, and amendments thereto, the governor may not issue an order that substantially burdens or inhibits the gathering or movement of individuals or operation of any religious, civic, business or commercial activity, whether for-profit or not-for-profit.
(b) Any order issued that violates or exceeds the restrictions provided in subsection (a) shall not have the force and effect of law during the period of a state of disaster emergency declared under K.S.A. 48-924(b), and amendments thereto, and any such order shall be null and void.
History: L. 2020, ch. 1, § 6 (Special Session); L. 2021, ch. 1, § 6; L. 2021, ch. 7, § 7; March 25.
History: L. 2020, ch. 1, § 7 (Special Session); Repealed, L. 2021, ch. 7, § 15; March 25.
(a) (1) During the state of disaster emergency related to the COVID-19 health emergency described in K.S.A. 48-924b, and amendments thereto, only the board of education responsible for the maintenance, development and operation of a school district shall have the authority to take any action, issue any order or adopt any policy made or taken in response to such disaster emergency that affects the operation of any school or attendance center of such school district, including, but not limited to, any action, order or policy that:
(A) Closes or has the effect of closing any school or attendance center of such school district;
(B) authorizes or requires any form of attendance other than full-time, in-person attendance at a school in the school district, including, but not limited to, hybrid or remote learning; or
(C) mandates any action by any students or employees of a school district while on school district property.
(2) An action taken, order issued or policy adopted by the board of education of a school district pursuant to paragraph (1) shall only affect the operation of schools under the jurisdiction of the board and shall not affect the operation of nonpublic schools.
(3) During any such disaster emergency, the state board of education, the governor, the department of health and environment, a local health officer, a city health officer or any other state or local unit of government may provide guidance, consultation or other assistance to the board of education of a school district but shall not take any action related to such disaster emergency that affects the operation of any school or attendance center of such school district pursuant to paragraph (1).
(b) Any meeting of a board of education of a school district discussing an action, order or policy described in this section, including any hearing by the board under subsection (c), shall be open to the public in accordance with the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto, and may be conducted by electronic audio-visual communication when necessary to secure the health and safety of the public, the board and employees.
(c) (1) An employee, a student or the parent or guardian of a student aggrieved by an action taken, order issued or policy adopted by the board of education of a school district pursuant to subsection (a)(1), or an action of any employee of a school district violating any such action, order or policy, may request a hearing by such board of education to contest such action, order or policy within 30 days after the action was taken, order was issued or policy was adopted by the board of education. Any such request shall not stay or enjoin such action, order or policy.
(2) Upon receipt of a request under paragraph (1), the board of education shall conduct a hearing within 72 hours of receiving such request for the purposes of reviewing, amending or revoking such action, order or policy. The board shall issue a decision within seven days after the hearing is conducted.
(3) The board of education may adopt emergency rules of procedure to facilitate the efficient adjudication of any hearing requested under this subsection, including, but not limited to, rules for consolidation of similar hearings.
(d) (1) An employee, a student or the parent or guardian of a student aggrieved by a decision of the board of education under subsection (c)(2) may file a civil action in the district court of the county in which such party resides or in the district court of Shawnee county, Kansas, within 30 days after such decision is issued by the board. Notwithstanding any order issued pursuant to K.S.A. 20-172(a), and amendments thereto, the court shall conduct a hearing within 72 hours after receipt of a petition in any such action. The court shall grant the request for relief unless the court finds the action taken, order issued or policy adopted by the board of education is narrowly tailored to respond to the state of disaster emergency and uses the least restrictive means to achieve such purpose. The court shall issue an order on such petition within seven days after the hearing is conducted. If the court does not issue an order on such petition within seven days, the relief requested in the petition shall be granted.
(2) Relief under this section shall not include a stay or injunction concerning the contested action taken, order issued or policy adopted by the board of education that applies beyond the county in which the petition was filed.
(3) The supreme court may adopt emergency rules of procedure to facilitate the efficient adjudication of any hearing requested under this subsection, including, but not limited to, rules for consolidation of similar hearings.
History: L. 2021, ch. 7, § 1; March 25.
(a) (1) During the state of disaster emergency related to the COVID-19 health emergency described in K.S.A. 48-924b, and amendments thereto, only the governing body of a community college, as established pursuant to K.S.A. 71-201, and amendments thereto, or the governing body of a technical college, as established pursuant to K.S.A. 74-32,452, and amendments thereto, shall have the authority to take any action, issue any order or adopt any policy made or taken in response to such disaster emergency that affects the operation of the community college or technical college governed by such governing body, including, but not limited to, any action, order or policy that:
(A) Closes or has the effect of closing any community college or technical college;
(B) authorizes or requires any form of attendance at any community college or technical college; or
(C) mandates any action by any students or employees of a community college or technical college while on college property.
(2) During any such disaster emergency, the state board of regents, the governor, the department of health and environment, a local health officer, a city health officer, the Kansas association of community college trustees, the Kansas technical college association or any other state or local unit of government may provide guidance, consultation or other assistance to the governing body of a community college or technical college, but shall not take any action related to such disaster emergency that affects the operation of any such college.
(b) Any meeting of a governing body of a community college or technical college discussing an action, order or policy described in this section, including any hearing by such governing body under subsection (c), shall be open to the public in accordance with the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto, and may be conducted by electronic audio-visual communication when necessary to secure the health and safety of the public, the governing body and employees.
(c) (1) An employee or a student aggrieved by an action taken, order issued or policy adopted by the governing body of a community college or technical college pursuant to subsection (a)(1), or an action of any employee of such college violating any such action, order or policy, may request a hearing by such governing body to contest such action, order or policy. Any such request shall not stay or enjoin such action, order or policy.
(2) Upon receipt of a request under paragraph (1), the governing body shall conduct a hearing within 72 hours of receiving such request for the purposes of reviewing, amending or revoking such action, order or policy. The governing body shall issue a decision within seven days after the hearing is conducted.
(3) The governing body may adopt emergency rules of procedure to facilitate the efficient adjudication of any hearing requested under this subsection, including, but not limited to, rules for consolidation of similar hearings.
(d) (1) An employee or a student aggrieved by a decision of the governing body under subsection (c)(2) may file a civil action in the district court of the county in which such party resides or in the district court of Shawnee county, Kansas, within 30 days after such decision is issued by the governing body. Notwithstanding any order issued pursuant to K.S.A. 20-172(a), and amendments thereto, the court shall conduct a hearing within 72 hours after receipt of a petition in any such action. The court shall grant the request for relief unless the court finds the action taken, order issued or policy adopted by the governing body is narrowly tailored to respond to the state of disaster emergency and uses the least restrictive means to achieve such purpose. The court shall issue an order on such petition within seven days after the hearing is conducted. If the court does not issue an order on such petition within seven days, the relief requested in the petition shall be granted.
(2) Relief under this section shall not include a stay or injunction concerning the contested action taken, order issued or policy adopted by the governing body that applies beyond the county in which the petition was filed.
(3) The supreme court may adopt emergency rules of procedure to facilitate the efficient adjudication of any hearing requested under this subsection, including, but not limited to, rules for consolidation of similar hearings.
History: L. 2021, ch. 7, § 2; March 25.
(a) The division of emergency management shall prepare and maintain a state disaster emergency plan, which may include provisions for:
(1) Prevention and minimization of injury and damage caused by disaster;
(2) prompt and effective response to disaster;
(3) emergency relief;
(4) identification of areas particularly vulnerable to disasters;
(5) recommendations for zoning, building and other land-use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other emergency management measures designed to eliminate disasters or to reduce their impact;
(6) assistance to local officials in designing local and interjurisdictional disaster emergency plans;
(7) authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage or loss from disasters;
(8) preparation and distribution of a list of disaster emergency plans, training programs and other assistance available through federal, state and private assistance programs for the benefit of the state and the counties and cities thereof;
(9) organization of manpower and creation of chains of command;
(10) coordination of federal, state and local emergency management activities;
(11) utilizing the organization, personnel, equipment and resources of the Kansas wing of the civil air patrol; and
(12) such other matters as are necessary to accomplish the purposes of this act.
(b) The state disaster emergency plan, or any part thereof, may be included in rules and regulations adopted by the adjutant general under this act or orders issued by the governor under subsection (b) of K.S.A. 48-925, and amendments thereto.
History: L. 1975, ch. 283, § 6; L. 1994, ch. 248, § 14; July 1.
The division of emergency management shall prepare a state resources management plan to include such economic controls as may be reasonably necessary to effectuate recovery from disasters. Such resources management plan, or any part thereof, may be placed in effect by incorporating the same in orders issued by the governor under subsection (b) of K.S.A. 48-925, and amendments thereto.
History: L. 1975, ch. 283, § 7; L. 1994, ch. 248, § 15; July 1.
In addition to other duties imposed under this act, the division of emergency management shall:
(a) Determine the requirements of the state and the counties and cities thereof for food, clothing and other necessities in event of a disaster;
(b) procure and distribute about the state, such supplies, medicines, materials and equipment which are deemed necessary for use during a disaster;
(c) promulgate standards and requirements for local and interjurisdictional disaster emergency plans including adequate provisions for the rendering and receipt of mutual aid;
(d) periodically examine or review and approve local and interjurisdictional disaster emergency plans which are in accordance with the standards and requirements promulgated therefor;
(e) establish and operate training or public information programs relating to emergency management, and assist counties and cities, the disaster agencies of such counties or cities and interjurisdictional disaster agencies, in the establishment and operation of such programs;
(f) make surveys of industries, resources and facilities within the state, both public and private, as are necessary to carry out the purposes of this act;
(g) plan and make arrangements for the availability and use of any private facilities, services and property for emergency management activities and, if necessary and if in fact used, provide for payment for such use under terms and conditions agreed upon;
(h) establish a register of persons with types of training and skills important in emergency management activities;
(i) establish a register of mobile and construction equipment and temporary housing available for use in a disaster;
(j) prepare drafts of orders or proclamations for the governor as necessary or appropriate in coping with disasters;
(k) serve, for all those agencies which regulate any matter affecting the transportation of hazardous materials:
(1) As the coordinating and supervising state agency; and
(2) to provide continuing liaison between such state agencies;
(l) establish an informational system under which state agencies shall notify the division of emergency management;
(m) cooperate with the federal government and any public or private agency or entity in achieving any purpose of this act and in implementing programs for disaster prevention, preparation response and recovery;
(n) under the direction of the adjutant general, develop a regional emergency management system which includes the use of regional coordinators that provide training and preparation of state, county, city and interjurisdictional disaster agencies to prevent, respond to, mitigate and recover from emergency and disaster situations;
(o) under the direction of the adjutant general, implement the use of an incident management system during emergency and disaster situations by all state, county, city and interjurisdictional disaster agencies which respond to such emergency or disaster situations;
(p) develop and administer a program to provide financial assistance to cities, counties or interjurisdictional disaster agencies for the development and implementation of a terrorism preparedness program. Such program shall provide criteria for receiving such financial assistance and such other conditions as the division may deem necessary; and
(q) develop, implement and administer, with the assistance and advice of the commission on emergency planning and response, a plan for regional emergency medical response teams.
History: L. 1975, ch. 283, § 8; L. 1980, ch. 158, § 2; L. 1994, ch. 248, § 16; L. 2002, ch. 83, § 2; L. 2002, ch. 149, § 2; July 1.
(a) Each county within this state shall establish and maintain a disaster agency responsible for emergency management and coordination of response to disasters or shall participate in an interjurisdictional arrangement for such purposes under an interjurisdictional disaster agency as provided in K.S.A. 48-930, and amendments thereto. Except as otherwise provided in this act, each county or interjurisdictional disaster agency shall have jurisdiction over and serve all of each county included thereunder. No county which is included in an interjurisdictional arrangement under the jurisdiction of an interjurisdictional disaster agency pursuant to subsection (a) of K.S.A. 48-930, and amendments thereto, shall establish or maintain a separate disaster agency for such county.
(b) The governor shall determine which cities need disaster agencies of their own and, upon such determination, shall require that each such city establish and maintain a disaster agency therefor. The governor shall make such determinations on the basis of each city's disaster vulnerability and capability of response related to population size and concentration. The disaster agency of a county shall cooperate with the disaster agency of any city located within such county, but shall not have jurisdiction within a city having its own disaster agency. The division of emergency management shall publish and keep current a list of cities which are required to have disaster agencies under this subsection.
(c) The mayor or other principal executive officer of each city required to have a disaster agency and the chairperson of the board of county commissioners of each county shall notify the division of emergency management of the manner in which such city or county is providing or securing disaster planning and emergency services, identify the person who heads the agency responsible for providing such services and furnish additional information relating thereto as the division of emergency management requires.
(d) In accordance with the standards and requirements for disaster emergency plans promulgated by the division of emergency management, each county, city and interjurisdictional disaster agency shall prepare and keep current a disaster emergency plan for the area under its jurisdiction, which has been approved after examination and periodic review by the division of emergency management.
(e) The county, city or interjurisdictional disaster agency, as the case may be, shall prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster chain of command.
(f) Any county and any city which is required to establish a disaster agency under this section, may designate the local council of defense, which was established in accordance with K.S.A. 48-909, and amendments thereto, for such county or city and which was in existence on the day immediately preceding the effective date of this act, as such county or city disaster agency under this section.
(g) When the corporate limits of any city extend into two counties, and the city has not been required to establish a disaster agency in accordance with this section and an interjurisdictional agency including such counties has not been established pursuant to K.S.A. 48-930, and amendments thereto, the governing body of such city may petition the board of county commissioners of the two counties to enter into an agreement which designates one of the counties as the disaster agency for such city for the purposes specified in this act. The board of county commissioners of the two counties shall consult and meet with the governing body of the affected city prior to such agreement being approved. If an agreement has not been entered into within one year after the city's petition, the city or either of the counties may petition and the adjutant general shall designate one of the counties as the disaster agency for the city. The adjutant general's designation shall be final and binding on the city and counties until such designation is revised by the adjutant general or by agreement of the two counties in accordance with the procedures in this section. Any agreement entered into in accordance with this section shall meet the requirements of K.S.A. 12-2901 et seq., and amendments thereto, the interlocal cooperation act.
History: L. 1975, ch. 283, § 9; L. 1994, ch. 248, § 17; July 1.
(a) If the governor finds that two or more adjoining counties would be served better by an interjurisdictional disaster agency than by maintaining separate disaster agencies and services, the governor shall order the establishment of an interjurisdictional disaster agency which is adequate to plan for, prevent or respond to disasters in that area and direct steps to be taken as necessary, including the creation of an interjurisdictional relationship and an interjurisdictional disaster emergency plan which provide for mutual aid or an area organization for emergency management. A copy of such order shall be given to the chairperson of the board of county commissioners of each county affected by such order and to the mayor or other principal executive officer of each city located within any such county, and such counties and cities shall act in accordance with such order. Any interjurisdictional agreement entered into by two or more counties which are ordered to establish an interjurisdictional disaster agency under this subsection, may designate a local council of defense, which was established in accordance with K.S.A. 48-909, and amendments thereto, for one of such counties and which was in existence on the day immediately preceding the effective date of this act, as such interjurisdictional disaster agency. Each interjurisdictional disaster agency shall cooperate with the disaster agency of any city located within any county under the jurisdiction of such interjurisdictional disaster agency, but shall not have jurisdiction within such cities having disaster agencies. A finding by the governor pursuant to this subsection shall be based on one or more factors related to the difficulty of maintaining an efficient and effective emergency management system on a single-jurisdiction basis, such as:
(1) Small or sparse population;
(2) limitations on public financial resources severe enough to make maintenance of a separate disaster agency and services unreasonably burdensome;
(3) unusual vulnerability to disaster as evidenced by a past history of disasters, topographical features, drainage characteristics, disaster potential and presence of disaster-prone facilities or operations;
(4) the interrelated character of the counties in a multi-county area; or
(5) other relevant conditions or circumstances.
(b) Two or more counties, which are not under the jurisdiction of an interjurisdictional disaster agency pursuant to subsection (a), may be required by the governor, by an order issued in the manner prescribed in subsection (a), to participate and enter into an interjurisdictional agreement or arrangement without requiring the establishment and maintenance of such a disaster agency therefor, if the governor finds that:
(1) Such counties, or the cities situated therein, have equipment, supplies and forces which are necessary to provide mutual aid on a regional basis; and
(2) such counties have not made adequate provisions in their disaster emergency plans for the rendering and receipt of mutual aid for the emergency management needs of the entire region.
(c) If the governor finds that it would be desirable to establish an interstate mutual aid organization or an area organization for disaster for an area including territory in this state and any other state or states, the governor shall take such action as is necessary to achieve such objective. If this state has enacted the interstate civil defense and disaster compact and this action is taken with a jurisdiction which has also enacted the interstate civil defense and disaster compact, any resulting agreement with such jurisdiction may be considered a supplemental agreement pursuant to article VI of that compact.
(d) If this state, or any other jurisdiction with which the governor proposes to cooperate pursuant to subsection (c), has not enacted the interstate civil defense and disaster compact, the governor may negotiate a special agreement with such jurisdiction. Any such agreement, if sufficient authority for the making thereof does not otherwise exist, may become effective only if its text has been submitted to the legislature by filing a copy thereof with the legislative coordinating council, and neither house of the legislature has disapproved it by resolution during the next regular session of the legislature after such submission.
History: L. 1975, ch. 283, § 10; L. 1994, ch. 248, § 18; July 1.
(a) The division of emergency management shall take an integral part in the development and revision of local and interjurisdictional disaster emergency plans prepared under K.S.A. 48-929 and 48-930, and amendments thereto. To this end, the division of emergency management shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to counties and cities, their disaster agencies and interjurisdictional disaster agencies. These personnel shall consult with such counties, cities and disaster agencies on a regularly scheduled basis and shall make field examinations of the areas, circumstances and conditions to which particular local or interjurisdictional disaster emergency plans are intended to apply. The division of emergency management may require revisions of such plans on the basis of such examinations.
(b) In preparing and revising the state disaster emergency plan, the division of emergency management shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations and community leaders. In advising county, city and interjurisdictional disaster agencies which are developing or revising disaster emergency plans, the division of emergency management shall encourage such disaster agencies also to seek such advice and assistance.
History: L. 1975, ch. 283, § 11; L. 1994, ch. 248, § 19; July 1.
(a) A state of local disaster emergency may be declared by the chairperson of the board of county commissioners of any county, or by the mayor or other principal executive officer of each city of this state having a disaster emergency plan, upon a finding by such officer that a disaster has occurred or the threat thereof is imminent within such county or city. No state of local disaster emergency shall be continued for a period in excess of seven days or renewed, except with the consent of the board of county commissioners of such county or the governing body of such city. Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed with the county clerk or city clerk. Any such declaration may be reviewed, amended or revoked by the board of county commissioners or the governing body of the city, respectively, at a meeting of such governing body.
(b) In the event of the absence of the chairperson of the board of county commissioners from the county or the incapacity of such chairperson, the board of county commissioners, by majority action of the remaining members thereof, may declare a state of local disaster emergency in the manner provided in and subject to the provisions of subsection (a). In the event of the absence of the mayor or other principal executive officer of a city from the city or the incapacity of such mayor or officer, the governing body of the city, by majority action of the remaining members thereof, may declare a state of local disaster emergency in the manner provided in and subject to the provisions of subsection (a). Any state of local disaster emergency and any actions taken pursuant to applicable local and interjurisdictional disaster emergency plans, under this subsection shall continue and have full force and effect as authorized by law unless modified or terminated in the manner prescribed by law.
(c) The declaration of a local disaster emergency shall activate the response and recovery aspects of any and all local and interjurisdictional disaster emergency plans which are applicable to such county or city, and shall initiate the rendering of aid and assistance thereunder.
(d) No interjurisdictional disaster agency or any official thereof may declare a local disaster emergency, unless expressly authorized by the agreement pursuant to which the agency functions. However, an interjurisdictional disaster agency shall provide aid and services in accordance with the agreement pursuant to which it functions in the case of a state of local disaster emergency declared under subsection (a).
(e) (1) Any party aggrieved by an action taken by a local unit of government pursuant to this section that has the effect of substantially burdening or inhibiting the gathering or movement of individuals or the operation of any religious, civic, business or commercial activity, whether for-profit or not-for-profit, may file a civil action in the district court of the county in which such action was taken within 30 days after such action is taken. Notwithstanding any order issued pursuant to K.S.A. 20-172(a), and amendments thereto, the court shall conduct a hearing within 72 hours after receipt of a petition in any such action. The court shall grant the request for relief unless the court finds such action is narrowly tailored to respond to the state of local disaster emergency and uses the least restrictive means to achieve such purpose. The court shall issue an order on such petition within seven days after the hearing is conducted. If the court does not issue an order on such petition within seven days, the relief requested in the petition shall be granted.
(2) Relief under this section shall not include a stay or injunction concerning the contested action that applies beyond the county in which the action was taken.
(3) The supreme court may adopt emergency rules of procedure to facilitate the efficient adjudication of any hearing requested under this subsection, including, but not limited to, rules for consolidation of similar hearings.
History: L. 1975, ch. 283, § 12; L. 2020, ch. 1, § 35 (Special Session); L. 2021, ch. 7, § 8; March 25.
(a) Each person within this state shall act and manage the affairs of such person and such person's property in any way which reasonably will assist and not detract from the ability of the state and the public successfully to meet disasters. This obligation includes appropriate personal service and use or restriction on the use of property during a declared state of disaster emergency under K.S.A. 48-924, and amendments thereto, or a declared state of local disaster emergency under K.S.A. 48-932, and amendments thereto. This act neither increases nor decreases these obligations, but recognizes their existence under the constitution and statutes and the common law of this state. Compensation for services or for the taking or use of property shall be only to the extent that obligations recognized in this subsection are exceeded in a particular case and then only to the extent that the claimant may not be deemed to have volunteered services or property without compensation.
(b) No personal services may be compensated by the state or any subdivision or agency thereof, except pursuant to statute enacted or ordinance duly adopted therefor.
(c) Compensation for property shall be only if the property was commandeered or otherwise used in coping with a disaster and its use or destruction was ordered by the governor, adjutant general, an official of a county, city or interjurisdictional disaster agency, or some other authorized member of the emergency management forces of this state.
(d) Any person claiming compensation for the use, damage, loss or destruction of property under this act shall file a claim therefor in the district court in the same manner as any other civil action. The court shall determine the validity of such claim in the same manner and under the same conditions prescribed for condemnation actions pursuant to K.S.A. 26-501 et seq., and amendments thereto. Unless the amount of compensation on account of property damaged, lost or destroyed is agreed upon by the claimant and the adjutant general, the amount of compensation shall be calculated in the same manner as compensation due for a taking of property pursuant to the condemnation law of this state.
(e) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a fire break or for the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood.
History: L. 1975, ch. 283, § 13; L. 1994, ch. 248, § 20; July 1.
Law enforcement officers, military personnel, or other persons authorized to assist them, while engaged in maintaining or restoring the public peace or safety or in the protection of life or property during a state of disaster emergency proclaimed under K.S.A. 48-924, shall have all powers, duties and immunities of peace officers of the state of Kansas in addition to all powers, duties and immunities now otherwise provided by law and shall be immune from civil and criminal liability for acts reasonably done by them in the performance of their duties so long as they act without malice and without the use of excessive or unreasonable force. All such personnel shall have the authority to enforce any and all ordinances of any municipality within an area affected by disaster as indicated in the proclamation of a state disaster emergency under K.S.A. 48-924, and for such purpose, all such personnel shall be considered to be authorized officers of said municipality.
History: L. 1975, ch. 283, § 14; April 11.
Any ordinance of any municipality authorizing the mayor or other persons to act during a state of disaster emergency proclaimed under K.S.A. 48-924 or during a state of local disaster emergency declared under K.S.A. 48-932, shall be in full force and effect except for the provisions of such ordinance which are in conflict with any provision of this act or of the state disaster emergency plan or of the applicable local and interjurisdictional disaster emergency plans in which case such conflicting provisions of such ordinance shall be null and void for all purposes.
History: L. 1975, ch. 283, § 15; April 11.
Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual or impending, nuclear practice attack or disaster, together with his or her successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate or premises, or the loss of or damage to the property of such person, at any time such real estate or premises are actually used for such purpose.
History: L. 1975, ch. 283, § 16; April 11.
The division of emergency management shall ascertain what means exist for rapid and efficient communications during a disaster. The division of emergency management shall consider the desirability of supplementing these communications resources or of integrating them into a comprehensive state or state and federal telecommunications or other communications system which may be established for purposes of emergency management. In studying the character and feasibility of any such system or its several parts, the division of emergency management shall consult thereon with the secretary of administration and the executive chief information technology officer and evaluate the possibility of the multi-purpose use of such a system for general state and local government purposes. The division of emergency management shall make recommendations regarding such communications systems to the governor as appropriate.
History: L. 1975, ch. 283, § 17; L. 1994, ch. 248, § 21; L. 2013, ch. 62, § 3; July 1.
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.
(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.
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.
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.
(a) Persons engaged in the production of electricity through the utilization of nuclear energy at a nuclear facility shall pay fees to the adjutant general to cover the costs incurred by state and local government agencies in establishing and maintaining appropriate emergency management plans and programs for an accident at a nuclear facility, including the costs of administering this act.
(b) Fees collected under the provisions of this act shall be used exclusively to fund those state and local government activities approved as necessary by the adjutant general to develop, maintain and implement appropriate plans and programs necessary for management for an accident at a nuclear facility and for administration of this act.
(c) State agencies and local governments of Kansas incurring expenses attributable to developing and maintaining plans and programs to meet responsibilities in the event of an accident at a nuclear facility may apply to the adjutant general for payment for those expenses. Upon approval by the adjutant general of emergency management budgets submitted by state and local government agencies therefor, the adjutant general shall pay or reimburse such expenses or may disburse moneys in advance of such expenses from fees collected pursuant to this act.
(d) The adjutant general shall remit all moneys received from fees fixed and collected pursuant to this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the nuclear safety emergency management fee fund which is hereby established in the state treasury. The adjutant general shall administer the nuclear safety emergency management fee fund. All expenditures from the nuclear safety emergency management fee fund shall be in accordance with the provisions of appropriation acts. All moneys in the nuclear safety emergency preparedness fee fund and all liabilities of such fund on the day preceding the effective date of this act shall be transferred to the nuclear safety emergency management fee fund. The nuclear safety emergency preparedness fee fund is hereby abolished.
(e) When the total of all fees collected under this act during any fiscal year exceeds the total expenditures from the nuclear safety emergency management fee fund under this act from appropriations for that fiscal year, the amount of receipts that exceeds such expenditures shall be credited to the persons who were assessed such fees for that fiscal year, and such amount shall be credited against the fees to be collected under this act for the ensuing fiscal year. Each such person shall receive as a credit that amount of the excess which corresponds proportionately to the amount of fees the person paid with respect to all fees collected under this act in the fiscal year that produced the excess.
History: L. 1993, ch. 113, § 3; L. 1994, ch. 248, § 24; L. 2001, ch. 5, § 179; July 1.
(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.
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.
(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.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
(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.
History: L. 2020, ch. 1, § 16 (Special Session); Expired, May 1, 2021.
(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.
History: L. 2020, ch. 1, § 18 (Special Session); L. 2025, ch. 17, § 2; July 1.
History: L. 2020, ch. 1, § 20 (Special Session); L. 2021, ch. 1, § 7; L. 2021, ch. 14, § 1; Expired, March 31, 2022.
History: L. 2020, ch. 1, § 21 (Special Session); L. 2021, ch. 14, § 2; Expired, March 31, 2022.
History: L. 2020, ch. 1, § 22 (Special Session); L. 2021, ch. 1, § 8; L. 2021, ch. 14, § 3; L. 2022, ch. 1, § 2; Expired, January 20, 2023.
History: L. 2020, ch. 1, § 23 (Special Session); L. 2021, ch. 1, § 9; L. 2022, ch. 1, § 3; Expired, January 20, 2023.
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 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.
History: L. 2022, ch. 1, § 1; Expired, January 20, 2023.
The governor is hereby authorized to execute a compact on behalf of this state with any other state or states legally joining therein, in the form substantially as follows:
EMERGENCY MANAGEMENT
ASSISTANCE COMPACT
ARTICLE I
PURPOSE AND AUTHORITIES
This compact is made and entered into by and between the participating member states, which enact this compact, hereinafter called party states. For the purposes of this compact, the term "state" or "states" is taken to mean the several states. The term "federal government" is taken to mean the United States government and, as authorized by law, agencies of the United States government.
The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages or enemy attack.
This compact shall also provide for mutual cooperation in emergency-related exercises, testing or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard mutual assistance compact or by mutual agreement between states.
ARTICLE II
GENERAL IMPLEMENTATION
Each party state entering into this compact recognizes that many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
The prompt, full and effective utilization of resources of the participating states and, if so requested, resources on hand or available from the federal government or its agencies, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.
On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
ARTICLE III
PARTY STATE RESPONSIBILITIES
A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:
Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, insurgency or enemy attack;
review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning those emergencies or disasters;
develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;
assist in warning communities adjacent to or crossing the state boundaries;
protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, critical lifeline equipment, services and resources, both human and material;
inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and
provide, to the extent authorized by law, for temporary suspension of those statutes or ordinances that restrict the implementation of the above responsibilities during emergencies or disasters declared by the governor. Neither this section, nor this compact, allows for the suspension of the bill of rights of the constitution of the state of Kansas.
B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this compact shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 10 days of the verbal request. Requests shall provide the following information:
A description of the emergency service function for which assistance is needed, including, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services and search and rescue;
the amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed; and
the specific place and time for staging of the assisting party's response and a point of contact at that location.
C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and, if so requested, the federal government, with free exchange of information, plans and resource records relating to emergency capabilities.
ARTICLE IV
LIMITATIONS
Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.
Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, except that of arrest unless specifically authorized by the receiving state, duties, rights and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their state or regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state emergency or disaster by the governor of the party state that is to receive assistance or upon commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state.
ARTICLE V
LICENSES AND PERMITS
Whenever any person holds a license, certificate or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.
ARTICLE VI
LIABILITY
Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence or recklessness.
ARTICLE VII
SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this compact contains elements of a broad base common to all states, and nothing herein shall preclude any state entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel and equipment and supplies.
ARTICLE VIII
COMPENSATION
Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.
ARTICLE IX
REIMBURSEMENT
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this article.
ARTICLE X
EVACUATION
Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management service directors of the various jurisdictions where any type of incident requiring evacuations might occur. The civilian population has the option of relocating on its own accord or, with help from the state, to egress from the emergency or disaster areas to areas outside the emergency or disaster areas. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.
ARTICLE XI
IMPLEMENTATION
A. This compact shall become effective immediately upon its enactment into law by any two states. Thereafter, this compact shall become effective as to any other state upon enactment by such state.
B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states, with the Federal Emergency Management Agency and other appropriate government agencies.
ARTICLE XII
VALIDITY
This compact shall be construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected.
ARTICLE XIII
ADDITIONAL PROVISIONS
Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the president is authorized by law to call into federal service the militia, or for any purpose for which the use of the army or the air force would in the absence of express statutory authorization be prohibited under § 1385 of Title 18 of the United States Code.
History: L. 2000, ch. 65, § 1; April 20.
History: L. 1959, ch. 255, §§ 1–8; Repealed, L. 1963, ch. 290, § 20; July 1.
History: L. 1959, ch. 256, §§ 1–8; Repealed, L. 1963, ch. 290, § 20; July 1.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This act shall be known as the "emergency interim legislative succession act."
History: L. 1961, ch. 252, § 1; June 30.
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.
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.
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.
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.
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.
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.
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.
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.
If in the event of an attack a legislator is unavailable, his or her emergency interim successor shall exercise the powers and assume the duties of such legislator. An emergency interim successor shall exercise these powers and assume these duties until the incumbent legislator, or a legislator appointed or elected and legally qualified can act. Each house of the legislature shall, in accordance with its own rules, determine who is entitled under the provisions of this act to exercise the powers and assume the duties of its members. All constitutional and statutory provisions pertaining to ouster of a legislator shall be applicable to an emergency interim successor who is exercising the powers and assuming the duties of a legislator.
History: L. 1961, ch. 252, § 10; June 30.
When an emergency interim successor exercises the powers and assumes the duties of a legislator, the successor shall be accorded the privileges and immunities, compensation, allowances and other perquisites of office to which a legislator is entitled. In the event of an attack, each emergency interim successor, whether or not called upon to exercise the powers and assume the duties of a legislator, shall be accorded the privileges and immunities of a legislator while traveling to and from a place of session and shall be compensated for travel in the same manner and amount as a legislator. This section shall not in any way affect the privileges, immunities, compensation, allowances or other perquisites of office of an incumbent legislator.
History: L. 1961, ch. 252, § 11; June 30.
In the event of an attack (1) quorum requirements for the legislature shall be suspended; and (2) where the affirmative vote of a specified proportion of members for approval of a bill, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.
History: L. 1961, ch. 252, § 12; June 30.
The authority of emergency interim successors to succeed to the powers and duties of legislators, and the operation of the provisions of this act relating to quorum, the number of affirmative votes required for legislative action, and limitations on the length of sessions and the subjects which may be acted upon, shall expire two years following the inception of an attack, but nothing herein shall prevent the resumption before such time of the filling of legislative vacancies and the calling of elections for the legislature in accordance with applicable constitutional and statutory provisions. The governor, acting by proclamation, or the legislature, acting by concurrent resolution, may from time to time extend or restore such authority or the operation of any of such provisions upon finding that events render the extension or restoration necessary, but no extension or restoration shall be for a period of more than one year.
History: L. 1961, ch. 252, § 13; June 30.
Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision of this state may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision and within this state.
History: L. 1961, ch. 82, § 1; June 30.
During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this state shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative and judicial powers and functions conferred upon such body and officers by or under the laws of this state. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.
History: L. 1961, ch. 82, § 2; June 30.
The provisions of this act shall control and be supreme in the event it shall be employed notwithstanding any statutory, charter, or ordinance provision to the contrary or in conflict herewith.
History: L. 1961, ch. 82, § 3; June 30.
Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of Topeka, Shawnee county, Kansas, the governor or such person who may be exercising the power of governor under this act shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within this state as the governor may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to such emergency temporary location, or locations. Such emergency temporary location, or locations, shall remain as the seat of government until the legislature shall by law establish a new location, or locations, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.
History: L. 1961, ch. 422, § 1; June 30.
During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department or authority of this state, including the convening and meeting of the legislature in regular, extraordinary, or emergency session, shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.
History: L. 1961, ch. 422, § 2; June 30.
The provisions of this act shall control and be supreme in the event it shall be employed notwithstanding the provisions of any other law to the contrary or in conflict herewith.
History: L. 1961, ch. 422, § 3; June 30.
It is the policy of the state of Kansas in furtherance of its responsibility to protect the public health and safety:
(a) To institute and maintain a program to permit development and utilization of sources of radiation for peaceful purposes consistent with the health and safety of the public;
(b) to institute and maintain a regulatory program for sources of radiation so as to provide for (1) compatibility with the standards and regulatory programs of the federal government; (2) an integrated, effective system of regulation within the state; and (3) a system consonant insofar as possible with those of other states; and
(c) to provide for the availability of capacity either within or outside the state for the disposal of low-level radioactive waste generated within the state, except for waste generated as a result of defense or federal research and development activities, and to recognize that such radioactive waste can be most safely and efficiently managed on a regional basis. Any state agency or institution acting as a grantee in a federal research or development program which generates low-level radioactive waste within the state shall be required to dispose of such waste in accordance with applicable state law.
The provisions of this act shall not be interpreted as limiting the intentional exposure of patients to radiation, for the purpose of diagnosis or therapy, by persons licensed to practice one or more of the healing arts within the authority granted to them by the Kansas healing arts statute, or by persons licensed to practice dentistry or podiatry within the authority granted to them by Kansas licensing laws applying to dentists and podiatrists.
History: L. 1963, ch. 290, § 1; L. 1972, ch. 207, § 1; L. 1984, ch. 198, § 1; July 1.
It is the purpose of this act to effectuate the policies set forth in K.S.A. 48-1601 by providing for:
(a) A program of effective regulation of sources of radiation for the protection of the public health and safety;
(b) a program to promote an orderly regulatory pattern within the state, among the states and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of radiation to the end that duplication of regulation may be minimized;
(c) a program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to by-product, source and special nuclear materials; radiation producing devices and electronic products; and
(d) a program to permit maximum utilization of sources of radiation consistent with the health and safety of the public.
History: L. 1963, ch. 290, § 2; L. 1972, ch. 207, § 2; July 1.
As used in this act:
(a) "By-product material" means: (1) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;
(2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content;
(3) (A) any discrete source of radium-226 that is produced, extracted or converted after extraction for use for a commercial, medical or research activity; or
(B) any material that:
(i) Has been made radioactive by use of a particle accelerator; and
(ii) is produced, extracted or converted after extraction for use for a commercial, medical or research activity; or
(4) any discrete source of naturally occurring radioactive material, other than source material, that:
(A) The secretary declares by order would pose a threat to the public health and safety or the common defense and security similar to the threat posed by a discrete source of radium-226 after the United States nuclear regulatory commission, or any successor thereto, determines the same; and
(B) is extracted or converted after extraction for use in a commercial, medical or research activity.
(b) "Department" means the Kansas department of health and environment.
(c) "Civil penalty" means any monetary penalty levied on a licensee or registrant because of violations of statutes, regulations, licenses or registration certificates, but does not include criminal penalties.
(d) "Closure" or "site closure" means all activities performed at a waste disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance and monitoring are necessary at the site following termination of licensed operation.
(e) "Decommissioning" means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material and to carry out any other activities to prepare the site for postoperational care.
(f) "Disposal of low-level radioactive waste" means the isolation of such waste from the biosphere.
(g) "Electronic product" means any manufactured or assembled: (1) Product which, when in operation, contains or acts as part of an electronic circuit and emits, or in the absence of effective shielding or other controls would emit, electronic product radiation; or (2) article which is intended for use as a component part, or accessory of a product described in this subsection and which in operation emits, or in the absence of effective shielding or other controls would emit, such radiation.
(h) "Electronic product radiation" means any ionizing or nonionizing, electromagnetic or particulate radiation, or any sonic, infrasonic, or ultrasonic wave, which is emitted from an electronic product as the result of the operation of an electronic circuit in such product.
(i) "General license" means a license effective pursuant to rules and regulations promulgated by the secretary of health and environment, without the filing of an application to transfer, acquire, own, possess or use quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially.
(j) "High-level radioactive waste" means: (1) Irradiated reactor fuel; (2) liquid wastes resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for uranium processing irradiated reactor fuel; and (3) solids into which such liquid wastes have been converted.
(k) "Low-level radioactive waste" means radioactive waste not classified as:
(1) NORM waste or TENORM waste at concentrations and from sources established in rules and regulations adopted by the secretary on or before July 1, 2016;
(2) high-level radioactive waste;
(3) transuranic waste;
(4) spent nuclear fuel; or
(5) by-product material as defined in subsection (a)(2).
(l) "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, agency, or agency of the foregoing, other than the United States nuclear regulatory commission, or any successor thereto, and other than federal government agencies licensed by the United States nuclear regulatory commission, or any successor thereto.
(m) "Radiation" means: (1) Ionizing radiation including gamma rays, X-rays, alpha particles, beta particles, and including neutrons; (2) any electromagnetic radiation other than ionizing radiation which is generated during the operation of an electronic product; or (3) any sonic, ultrasonic, or infrasonic wave which is emitted from an electronic product as a result of the operation of an electronic circuit in such product.
(n) "Radioactive material" means any material, solid, liquid or gas, which emits ionizing radiation spontaneously. It includes accelerator produced, by-product, naturally occurring, source and special nuclear materials.
(o) "Secretary" means the secretary of the Kansas department of health and environment.
(p) "Source material" means: (1) Uranium, thorium or any other material which the secretary declares by order to be source material after the United States nuclear regulatory commission, or any successor thereto, has determined the material to be such; or (2) ores containing one or more of the foregoing materials, in such concentration as the secretary declares by order to be source material after the United States nuclear regulatory commission, or any successor thereto, has determined the material in such concentration to be source material.
(q) "Source material mill tailings" means the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from underground solution extraction processes but not including underground ore bodies depleted by such solution extraction process.
(r) "Source material milling" means any processing of ore, including underground solution extraction of unmined ore, primarily for the purpose of extracting or concentrating uranium or thorium therefrom and which results in the production of source material mill tailings.
(s) "Sources of radiation" means, collectively, radioactive material and radiation generating equipment.
(t) "Special nuclear material" means: (1) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the secretary declares by order to be special nuclear material after the United States nuclear regulatory commission, or any successor thereto, has determined the material to be such, but does not include source material; or (2) any material artificially enriched by any of the foregoing, but does not include source material.
(u) "Specific license" means a license issued after application, to use, manufacture, produce, transfer, receive, acquire, own or possess quantities of, or devices or equipment utilizing by-product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially.
(v) "Spent nuclear fuel" means irradiated nuclear fuel that has undergone at least one year's decay since being used as a source of energy in a power reactor. Spent nuclear fuel includes the special nuclear material, by-product material, source material and other radioactive material associated with fuel assemblies.
(w) "Transuranic waste" means radioactive waste containing alpha emitting transuranic elements, with radioactive half-lives greater than five years, in excess of 10 nanocuries per gram.
(x) "Naturally occurring radioactive material" or "NORM" means any nuclide that is radioactive in the nuclide's natural physical state. "NORM" does not include accelerator produced, by-product, source or special nuclear material.
(y) "NORM waste" means solid waste as defined in K.S.A. 65-3402, and amendments thereto, that is contaminated with NORM.
(z) "Technologically enhanced NORM" or "TENORM" means NORM whose radionuclide concentrations are increased by or as a result of past or present human practices. "TENORM" does not include accelerator produced, by-product, source or special nuclear material.
(aa) "TENORM waste" means solid waste as defined in K.S.A. 65-3402, and amendments thereto, that is contaminated with TENORM.
History: L. 1963, ch. 290, § 3; L. 1972, ch. 207, § 3; L. 1975, ch. 462, § 59; L. 1984, ch. 198, § 2; L. 2015, ch. 35, § 1; July 1.
History: L. 1963, ch. 290, § 4; L. 1975, ch. 427, § 65; L. 1984, ch. 198, § 3; L. 1989, ch. 118, § 176; Repealed, L. 2008, ch. 76, § 1; July 1.
History: L. 1963, ch. 290, § 5; L. 1969, ch. 270, § 1; L. 1974, ch. 348, § 22; Repealed, L. 1975, ch. 284, § 1; July 1.
(a) The secretary of health and environment shall be responsible for state radiation control.
(b) The secretary, for the protection of the public health and safety, shall develop programs for evaluation of hazards associated with use of sources of radiation.
(c) The secretary may:
(1) Advise, consult and cooperate with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions and with groups concerned with control of sources of radiation;
(2) accept and administer grants or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;
(3) collect and disseminate information relating to control of sources of radiation;
(4) encourage, participate in, or conduct studies, investigations, training, research and demonstrations relating to control of sources of radiation;
(5) in accordance with the laws of the state, employ, compensate and prescribe the powers and duties of such individuals as may be necessary to carry out the responsibilities set forth herein;
(6) institute training programs for the purpose of qualifying personnel to carry out the provisions of this act, and make personnel available for participation in any program or programs of the federal government, other states or interstate agencies in furtherance of the purposes of this act;
(7) fix, charge and collect fees for licenses and registrations, and renewals thereof, issued under the nuclear energy development and radiation control act to cover all or any part of the cost of administering such act; and
(8) receive any moneys in the form of grants, gifts, licensing or registration fees, or as paid under an agreement with the secretary or as reimbursement for remedial action costs.
(d) Subject to the following limitations, the secretary may assess a fee for the following categories of radiation protection services:
| Fee Category: | | | | | --- | --- | --- | --- | | 1. | Special nuclear material | | | | | A. | Licenses for possession and use of special nuclear material in sealed sources contained in devices used in industrial measuring systems Maximum annual fees$950 | | | | B. | Any licenses not otherwise specified in this table for possession and use of special nuclear material, except licenses authorizing special nuclear material in unsealed form in combination that would constitute a critical mass Maximum annual fee$2,250 | | | 2. | Source material | | | | | A. | Licenses that authorize only the possession, use and/or installation of source material for shielding Maximum annual fee$365 | | | | B. | All other source material licenses not otherwise specified in this table Maximum annual fee$5,700 | | | 3. | Radioactive or byproduct material | | | | | A. | Licenses of broad scope for possession and use of radioactive or byproduct material issued for processing or manufacturing of items containing radioactive or byproduct material for commercial distribution Maximum annual fee$10,900 | | | | B. | Other licenses for possession and use of radioactive or byproduct material issued for processing or manufacturing of items containing radioactive or byproduct material for commercial distribution Maximum annual fee$3,300 | | | | C. | Licenses authorizing the processing or manufacturing and distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources and devices containing radioactive or byproduct material. This category also includes the possession and use of source material for shielding when included on the same license Maximum annual fee$5,450 | | | | D. | Licenses and approvals authorizing distribution or redistribution of radiopharmaceuticals, generators, reagent kits and/or sources or devices not involving processing of radioactive or byproduct material. This category also includes the possession and use of source material for shielding when included on the same license Maximum annual fee$2,350 | | | | E. | Licenses for possession and use of radioactive or byproduct material in sealed sources for irradiation of materials in which the source is not removed from its shield (self-shielded units) Maximum annual fee$1,800 | | | | F. | Licenses for possession and use of less than 10,000 curies of radioactive or byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes Maximum annual fee$3,300 | | | | G. | Licenses for possession and use of 10,000 curies or more of radioactive or byproduct material in sealed sources for irradiation of materials in which the source is exposed for irradiation purposes. This category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation purposes Maximum annual fee$12,050 | | | | H. | Licenses issued to distribute items containing radioactive or byproduct material that require device review to persons exempt from licensing, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from licensing Maximum annual fee$3,000 | | | | I. | Licenses issued to distribute items containing radioactive or byproduct material or quantities of radioactive or byproduct material that do not require device review to persons exempt from licensing, except for specific licenses authorizing redistribution of items that have been authorized for distribution to persons exempt from licensing Maximum annual fee$3,050 | | | | J. | Licenses issued to distribute items containing radioactive or byproduct material that require sealed source and/or device review to persons generally licensed, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed Maximum annual fee$1,100 | | | | K. | Licenses issued to distribute items containing radioactive or byproduct material or quantities of radioactive or byproduct material that do not require sealed source and/or device review to persons generally licensed, except specific licenses authorizing redistribution of items that have been authorized for distribution to persons generally licensed Maximum annual fee$700 | | | | L. | Licenses of broad scope for possession and use of radioactive or byproduct material issued for research and development that do not authorize commercial distribution Maximum annual fee$5,900 | | | | M. | Other licenses for possession and use of radioactive or byproduct material issued for research and development that do not authorize commercial distribution Maximum annual fee$2,800 | | | | N. | Licenses that authorize services for other licensees, except (1)Licenses that authorize only calibration and/or leak testing services are subject to the fees specified in fee category 3P; and (2) licenses that authorize waste disposal services are subject to the fees specified in fee categories 4A, 4B and 4C Maximum annual fee$3,050 | | | | O. | Licenses for possession and use of radioactive or byproduct material for industrial radiography operations. This category also includes the possession and use of source material for shielding when authorized on the same license Maximum annual fee$6,100 | | | | P. | All other specific radioactive or byproduct material licenses not otherwise specified in this table Maximum annual fee$1,250 | | | | Q. | Registration of generally licensed devices or sources Maximum annual fee$225 | | | 4. | Waste disposal and processing | | | | | A. | Licenses authorizing the possession and use of waste radioactive, by-product, source or special nuclear material for a commercial low-level radioactive waste disposal facility. Maximum annual feeFull cost | | | | | i. | Amendment to license concerning safety and environmental questions Maximum amendment feeFull cost | | | | ii. | Amendment to license concerning administration questions (no safety or environment questions) Maximum amendment feeFull cost | | | B. | Licenses specifically authorizing the receipt of waste radioactive or byproduct material, source material or special nuclear material from other persons for the purpose of packaging or repackaging the material. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material Maximum annual fee$5,150 | | | | C. | Licenses specifically authorizing the receipt of prepackaged waste radioactive or byproduct material, source material or special nuclear material from other persons. The licensee will dispose of the material by transfer to another person authorized to receive or dispose of the material Maximum annual fee$3,700 | | | 5. | Well logging | | | | | A. | Licenses for possession and use of radioactive or byproduct material, source material and/or special nuclear material for well logging, well surveys and tracer studies other than field flooding tracer studies Maximum annual fee$2,350 | | | | B. | Licenses for possession and use of radioactive or byproduct material for field flooding tracer studies Maximum annual fee$2,350 | | | 6. | Nuclear laundries | | | | | A. | Licenses for commercial collection and laundry of items contaminated with radioactive or byproduct material, source material or special nuclear material Maximum annual fee$11,550 | | | 7. | Medical licenses | | | | | A. | Licenses issued for human use of radioactive or byproduct material, source material or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license Maximum annual fee$5,500 | | | | B. | Licenses of broad scope issued to medical institutions or two or more physicians authorizing research and development, including human use of radioactive or byproduct material except licenses for radioactive or byproduct material, source material or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions who also hold nuclear medicine licenses under categories 7B or 7C Maximum annual fee$12,350 | | | | C. | Other license issued for human use of radioactive or byproduct material, source material and/or special nuclear material except licenses for radioactive or byproduct material, source material or special nuclear material in sealed sources contained in teletherapy devices. This category also includes the possession and use of source material for shielding when authorized on the same license. Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions who also hold nuclear medicine licenses under categories 7B or 7C Maximum annual fee$2,300 | | | 8. | Civil defense | | | | | A. | Licenses for possession and use of radioactive or byproduct material, source material or special nuclear material for civil defense activities Maximum annual fee$650 | | | 9. | Device, product or sealed source safety evaluation | | | | | A. | Safety evaluation review of devices or products containing radioactive or byproduct material, source material or special nuclear material, except reactor fuel devices, for commercial distribution. This fee shall apply to each device or product Maximum annual fee$3,500 | | | | B. | Safety evaluation review of devices or products containing radioactive or byproduct material, source material or special nuclear material manufactured in accordance with the unique specifications of, and for use by, a single applicant, except reactor fuel devices. This fee shall apply to each device or product Maximum annual fee$3,500 | | | | C. | Safety evaluation of sealed sources containing radioactive or byproduct material, source material or special nuclear material, except reactor fuel, for commercial distribution. This fee shall apply to each device or product Maximum annual fee$1,100 | | | | D. | Registrations issued for the safety evaluation of sealed sources containing radioactive or byproduct material, source material or special nuclear material, manufactured in accordance with the unique specifications of, and for use by, a single applicant. This fee shall apply to each device or product Maximum annual fee$365 | | | 10. | Special projects | | | | | A. | Hourly rate for radiation control program activities for which there is not an established fee category or for radiation protection services provided to nonlicensees and nonregistrants Maximum hourly rate$79 | | | 11. | Reciprocity | | | | | A. | Licensees who conduct activities under a reciprocal agreement Maximum annual fee$750 | | | | B. | Registrants who conduct activities under a reciprocal agreement Maximum annual fee$200 | | | 12. | X-ray machines | | | | | A. | Base registration fee per facility Maximum annual fee$200 | | | | B. | Registration fee for each x-ray tube at a facility. This fee is in addition to the base registration fee Maximum annual fee per x-ray tube$50 | | | 13. | Accelerators | | | | | A. | Particle accelerators Maximum annual fee$300 | | | 14. | New license and registration applications | | | | | A. | New license and registration applications. Equal to annual fee of applicable category | |
For licenses or registrations that authorize more than one activity, an annual fee shall be assessed for each of the applicable categories.
(e) (1) An additional fee up to 50% of the maximum annual fee shall be assessed for each noncontiguous site where radioactive material is stored or used under the same license, per category.
(2) As used in this subsection, "noncontiguous site" means a location more than one mile away from the main safety office where licensure records are maintained.
(f) The secretary shall adopt rules and regulations fixing the fees for the radiation protection services provided under this act and shall periodically increase or decrease such fees consistent with the need to cover all or any part of the cost of administering such act.
History: L. 1963, ch. 290, § 6; L. 1972, ch. 207, § 4; L. 1975, ch. 462, § 60; L. 1983, ch. 286, § 2; L. 1984, ch. 198, § 4; L. 2004, ch. 106, § 1; L. 2018, ch. 66, § 1; July 1.
The secretary:
(a) Shall provide by rules and regulations for general or specific licensing of by-product, source, radioactive material and special nuclear materials, or devices or equipment utilizing such materials. Such rules and regulations shall provide for amendment, suspension or revocation of licenses;
(b) shall develop programs, with due regard for compatibility with federal programs, for regulations and inspection of by-product, source and special nuclear materials;
(c) is authorized to require licensing or registration of all sources of radiation;
(d) shall prescribe rules and regulations pertaining to such sources of radiation;
(e) is authorized to exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this section when the secretary makes a finding that the exemption of such sources of radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public;
(f) is authorized to provide for recognition of other state or federal licenses as the secretary may deem desirable, subject to such registration requirements as the secretary may prescribe;
(g) shall require each person who acquires, possesses or uses a source of radiation to maintain records relating to its receipt, storage, transfer or disposal and such other records as the secretary may require subject to such exemptions as may be provided by rules and regulations;
(h) shall require each person who acquires, possesses or uses a source of radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules and regulations of the secretary. Copies of these records and those required to be kept by subsection (g) of this section shall be submitted to the secretary on request. Any person possessing or using a source of radiation shall furnish to each employee, for whom personnel monitoring is required, a copy of such employee's personal exposure record annually, at any time such employee has received excessive exposure, and upon termination of employment;
(i) shall maintain a file of (1) all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, revocations, and any administrative or judicial action pertaining thereto; (2) registrants possessing sources of radiation requiring registration under the provisions of this act and any administrative or judicial action pertaining thereto; and (3) all rules and regulations relating to regulation of sources of radiation, pending or promulgated, and proceedings thereon.
History: L. 1963, ch. 290, § 7; L. 1972, ch. 207, § 5; L. 1984, ch. 198, § 5; July 1.
(a) In any proceeding under this act for the adoption or amendment of rules and regulations relating to control of sources of radiation or for granting, suspending, revoking or amending any license, the secretary shall afford an opportunity for a hearing on the record upon the written request of any person whose interest may be affected by the proceeding and shall admit any such person as a party to such proceeding.
In any proceeding for licensing ores processed primarily for their source material content and disposal of by-product material or source material mill tailings or for licensing disposal of low-level radioactive waste, the secretary shall provide an opportunity, after public notice, for written comments and a public hearing, and prior to any such proceeding the secretary shall prepare, for each licensed activity which has a significant impact on the human environment, a written analysis of the impact of such licensed activity on the environment. The analysis shall be available to the public before the commencement of any such hearing and shall include an assessment of the radiological and nonradiological impacts to the public health; an assessment of any impact on any waterway and groundwater; consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted and consideration of the long-term impacts, including decommissioning, decontamination and reclamation of facilities and sites associated with the licensed activities and management of any radioactive materials which will remain on the site after such decommissioning, decontamination and reclamation.
Hearings concerning a license under this act shall be in accordance with the provisions of the Kansas administrative procedure act. Procedure for other hearings authorized in this subsection shall be established by rule and regulation of the secretary.
(b) When the secretary, or any of the secretary's duly authorized agents, determines that there are reasonable grounds to believe a violation of the provisions of this act or of the rules and regulations of the secretary has occurred, the secretary shall commence a hearing on the alleged violations or issue an order thereon subject to the right of the person to whom the order is directed to make written request for a hearing within 15 days after service of the order. If a hearing is requested, such hearing shall be held within 30 days after the receipt of the request for hearing, at such time and place as is designated by the secretary. The secretary shall make a determination as to whether the act or the rules and regulations of the secretary have been violated. Hearings under this subsection shall be in accordance with the provisions of the Kansas administrative procedure act.
(c) Whenever the secretary or the director of the division of environment of the department finds that an emergency exists requiring immediate action to protect the public health and safety, an emergency order may be issued in accordance with the provisions of K.S.A. 77-536, and amendments thereto. Any person aggrieved by the issuance of any such emergency order shall be entitled to a hearing in the same manner as is provided in subsection (b).
(d) Any action of the secretary upon a hearing pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1963, ch. 290, § 8; L. 1972, ch. 207, § 6; L. 1984, ch. 198, § 6; L. 1986, ch. 318, § 72; L. 1988, ch. 356, § 161; L. 2010, ch. 17, § 93; July 1.
The secretary or the secretary's authorized representatives shall have the power to enter at all reasonable times upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this act and rules and regulations issued hereunder, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.
History: L. 1963, ch. 290, § 9; L. 1984, ch. 198, § 7; July 1.
The secretary shall have the authority to impound or order the impounding of sources of radiation, in the possession of any person who is not equipped to observe or fails to observe the provisions of this act or any rules and regulations issued hereunder.
History: L. 1963, ch. 290, § 10; L. 1972, ch. 207, § 7; L. 1984, ch. 198, § 8; July 1.
Whenever, in the judgment of the secretary, any person has engaged in or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this act or any rule and regulation or order issued thereunder, the attorney general shall be empowered to make application to the district court of the county in which such acts or practices may be performed, for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the secretary that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted. If the attorney general shall present a verified application for a restraining order which alleges an immediate danger to the public health and safety, such restraining order shall issue forthwith.
History: L. 1963, ch. 290, § 11; L. 1984, ch. 198, § 9; July 1.
It shall be unlawful for any person to use, manufacture, produce, transport, transfer, distribute, sell, install, repair, receive, acquire, own or possess any source of radiation unless licensed by or registered with the secretary in accordance with the provisions of this act.
History: L. 1963, ch. 290, § 12; L. 1972, ch. 207, § 8; L. 1984, ch. 198, § 10; July 1.
(a) Any person who violates any of the provisions of this act or rules and regulations issued pursuant to this act, or who violates any order of the secretary issued pursuant to this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $500 or by imprisonment not to exceed six months or by both such fine and imprisonment, and in addition thereto, may be enjoined from continuing such violation. Each day of such violation shall constitute a separate violation.
(b) Any person who violates any licensing or registration provision of this act, any rule and regulation or order issued thereunder or any term condition or limitation of any license or registration certificate issued thereunder or who commits any violation for which a license or registration certificate may be revoked under rules and regulations issued pursuant to this act may be subject to a penalty, to be imposed by the secretary, not to exceed $10,000. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The secretary shall have the power to compromise, mitigate or remit such penalties. Whenever the secretary proposes to subject a person to the imposition of a civil penalty under the provisions of this section the secretary shall follow the procedures contained in subsection (b) of K.S.A. 48-1608, and amendments thereto.
Any action by the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
(c) On the request of the secretary, the attorney general is authorized to institute a civil action to collect any penalty imposed pursuant to this section. The attorney general shall have the exclusive power to compromise, mitigate or remit such civil penalties as are referred for collection.
(d) All moneys collected from civil penalties shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. Moneys collected from civil penalties shall not be used for normal operating expenses of the department except as appropriations are made from the general fund in the normal budgetary process.
History: L. 1963, ch. 290, § 13; L. 1984, ch. 198, § 11; L. 1986, ch. 318, § 73; L. 1988, ch. 356, § 162; L. 2001, ch. 5, § 180; L. 2010, ch. 17, § 94; July 1.
Any report of investigation or inspection, or any information which is a trade secret under the uniform trade secrets act (K.S.A. 60-3320 et seq. and amendments thereto) or secret industrial processes obtained by a department or agency from any person in carrying out their responsibilities under this act shall not be disclosed or opened to public inspection except as may be necessary for the performance of the functions of such department or agency. It is the affirmative duty of such person to inform such department or agency of their claim to a trade secret or secret industrial process.
History: L. 1963, ch. 290, § 14; L. 2005, ch. 67, § 3; July 1.
The secretary is authorized to enter into, subject to the approval of the governor, an agreement or agreements with the federal government, other states or interstate agencies, whereby this state will perform on a cooperative basis with the federal government, other states or interstate agencies, inspections or other functions relating to control of sources of radiation.
History: L. 1963, ch. 290, § 15; L. 1972, ch. 207, § 9; L. 1984, ch. 198, § 12; July 1.
(a) The governor, on behalf of this state, is authorized to enter into agreements with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of radiation and the assumption thereof by this state.
(b) Any person who, on the effective date of an agreement under subsection (a) above, possesses a license issued by the federal government shall be deemed to possess the same pursuant to a license issued under this act, which shall expire either ninety (90) days after receipt from the secretary of health and environment of a notice of expiration of such license, or on the date of expiration specified in the federal license, whichever is earlier.
History: L. 1963, ch. 290, § 16; L. 1972, ch. 207, § 10; L. 1975, ch. 462, § 61; July 1.
Ordinances, resolutions, or regulations, now or hereafter in effect, of the governing body of a municipality or county or board of health relating to by-product, source and special nuclear materials, radiation producing devices and electronic products shall not be superseded by this act: Provided, That such ordinances or regulations are and continue to be consistent with the provisions of this act, amendments thereto and rules and regulations hereunder.
History: L. 1963, ch. 290, § 17; L. 1972, ch. 207, § 11; July 1.
If any section, subsection, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional, such decree shall not affect the validity of any remaining portion of this act.
History: L. 1963, ch. 290, § 18; July 1.
This act shall be known and may be cited as the "nuclear energy development and radiation control act."
History: L. 1963, ch. 290, § 19; July 1.
The secretary shall review and grant or deny final approval for each low-level radioactive waste disposal facility license in the same manner as provided in K.S.A. 65-3433 et seq., and amendments thereto. The secretary shall not approve any such license which would permit the disposal of low-level radioactive waste below the natural level of the disposal site unless the secretary, subject to legislative approval, has determined that below grade disposal provides greater protection than above grade disposal for the environment and public health for the period of time for which such low-level radioactive waste may continue to pose a hazard to the environment and public health.
History: L. 1984, ch. 198, § 13; L. 1987, ch. 202, § 1; L. 2015, ch. 35, § 2; July 1.
(a) Any radioactive materials license issued or renewed after the effective date of this act for any activity which results in the production of by-product material or source material mill tailings shall contain such terms and conditions as the secretary determines to be necessary to assure that, prior to termination of such license:
(1) The licensee will comply with decontamination, decommissioning and reclamation standards prescribed by the secretary which shall be equivalent, to the extent practicable, or more stringent than those of the United States nuclear regulatory commission for sites: (A) At which ores were processed primarily for their source material content; and (B) at which such by-product material or mill tailings are deposited; and
(2) ownership of any disposal site and such by-product material or mill tailings which resulted from the licensed activity shall, subject to the provisions of subsection (b), be transferred to: (A) The United States; or (B) the state, if the state exercises the option to acquire land used for the disposal of such by-product material or mill tailings. Any license which is in effect on the effective date of this act and which is subsequently terminated without renewal shall comply with paragraphs (1) and (2) of this subsection (a) upon termination.
(b) (1) The secretary shall require by rule and regulation, or order that, prior to the termination of any license which is issued after the effective date of this act, title to the land, including any interests therein, other than land held in trust by the United States for any Indian tribe or owned by an Indian tribe subject to a restriction against alienation imposed by the United States or land already owned by the United States or by the state, which is used pursuant to such license for the disposal of by-product material or source material tailings shall be transferred to: (A) The United States; or (B) the state, unless the United States nuclear regulatory commission determines prior to such termination that transfer of title to such land and such by-product material or mill tailings is not necessary or desirable to protect the public health, safety or welfare or to minimize danger to life or property.
(2) If transfer to the state of title to such by-product material or mill tailings and land is required, the secretary shall, following the United States nuclear regulatory commission's determination that the licensee has complied with applicable standards and requirements under the license, assume title to such by-product material or mill tailings and land and maintain such by-product and mill tailings and land in such manner as will protect the public health and safety and the environment.
(3) The secretary is authorized to undertake such monitoring, maintenance and emergency measures as are necessary to protect the public health and safety for those materials and property for which custody has been assumed pursuant to this act.
(4) The transfer of title to land or by-product materials or source material mill tailings to the United States or the state shall not relieve any licensee of liability for any fraudulent or negligent acts done prior to such transfer.
(5) By-product material and mill tailings and land transferred to the United States or the state in accordance with this subsection: (A) Shall be transferred without cost to the United States or the state other than administrative and legal costs incurred by the United States or the state in carrying out such transfer; or (B) in licensing and regulation of by-product material and source material tailings or of any activity which results in the production of by-product material and such tailings, the secretary shall require compliance with applicable standards promulgated by the secretary which are equivalent, to the extent practicable, or more stringent than, standards adopted and enforced by the United States nuclear regulatory commission for the same purpose, including requirements and standards promulgated by the United States environmental protection agency.
History: L. 1984, ch. 198, § 14; July 1.
(a) The secretary is authorized to enter into negotiations for a compact with other states for the establishment and operation of a regional low-level radioactive waste disposal site which, before being put into effect, shall be ratified by the legislatures of three states and consented to by the Congress of the United States.
(b) The state is authorized to accept or acquire, by gift, transfer or purchase, from another governmental agency or private person, suitable sites including land and appurtenances for the disposal of low-level radioactive waste. Sites received by gift or transfer are subject to approval and acceptance by the legislature.
(c) Lands and appurtenances which are used for the disposal of low-level radioactive waste shall be acquired in fee simple absolute and used exclusively for such purpose, unless or until the secretary determines that such exclusive use is not required to protect the public health, safety, welfare or environment. Before such site is leased for other use, the secretary shall require and assure that the radioactive waste history of the site be recorded in the permanent land records of the site. All radioactive material accepted by the site operator or by any agent of the site operator for disposal on a radioactive waste disposal site shall become the property of the state.
(d) The state is authorized to arrange for the availability of a service for disposal of low-level radioactive waste by contract operation of a disposal site acquired pursuant to subsection (b) or already owned by the state. A contract operator shall be subject to the surety and long-term care funding provisions of this act and to appropriate licensing by the United States nuclear regulatory commission or by the secretary under K.S.A. 48-1607, and amendments thereto.
(e) The secretary shall not approve any application for a license to receive radioactive waste from other persons for disposal on land not owned by the state or federal government.
History: L. 1984, ch. 198, § 15; July 1.
(a) For licensed activities involving source material milling, source material mill tailings and disposal of low-level radioactive waste, the secretary shall, and for other classes of licensed activity involving low-level radioactive material, the secretary may establish by rule and regulation standards and procedures to ensure that the licensee will provide an adequate surety or other financial arrangement to permit the completion of all requirements established by the secretary for the decontamination, closure, decommissioning and reclamation of site, structures and equipment used in conjunction with such licensed activity, in case the licensee should default for any reason in performing such requirements.
(b) All sureties required pursuant to subsection (a) which are forfeited shall be paid to the secretary, who shall remit such moneys to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of a special fund called the radiation site closure and reclamation fund which is hereby established. All moneys in this fund are hereby appropriated and may be expended by the secretary as necessary to complete such requirements on which licensees have defaulted. Moneys in this fund shall not be used for normal operating expenses of the secretary or the department.
(c) For license activities involving the disposal of source material, mill tailings and disposal of low-level radioactive waste, the secretary shall, and for other classes of licensed activity when low-level radioactive material which will require surveillance or care is likely to remain at the site after the licensed activities cease the secretary may, establish by rule and regulation standards and procedures to ensure that the licensee, before termination of the license, will make available such funding arrangements as may be necessary to provide for long-term site surveillance and care.
(d) All funds collected from licensees pursuant to subsection (c) shall be paid to the secretary who shall remit such funds to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of a special fund called the radiation long-term care fund which is hereby established. All funds accrued as interest on moneys deposited in this fund are hereby appropriated and may be expended by the secretary for continuing long-term surveillance maintenance and other care of facilities from which such funds are collected as necessary for protection of the public health, safety and environment. Notwithstanding any other provision of this subsection, if title to and custody of any radioactive material and its disposal site are transferred to the United States upon termination of any license for which funds have been collected for such long-term care, the collected funds and interest accrued thereon shall be transferred to the United States.
(e) The sureties or other financial arrangement and funds required by subsections (a) and (b) shall be established in amounts sufficient to ensure compliance with those standards, if any, established by the United States nuclear regulatory commission pertaining to decontamination, closure, decommissioning, reclamation and long-term site surveillance and care of such facilities and sites.
(f) In order to provide for the proper care and surveillance of sites subject to subsection (c) of this section which are not subject to K.S.A. 48-1620 or 48-1621, and amendments thereto, the state may acquire by gift or transfer from other governmental agencies or private persons, any land and appurtenances necessary to fulfill the purposes of this section. Any such gift or transfer is subject to approval and acceptance by the state legislature.
(g) The secretary may provide by contract, agreement, lease or license with any person, including another state agency, for the decontamination, closure, decommissioning, reclamation, surveillance or other care of a site subject to this section as needed to carry out the purposes of this section.
(h) In the event a person licensed by any governmental agency, other than the secretary, desires to transfer a site to the state for the purpose of administering or providing long-term care, a lump sum deposit shall be made to the radiation long-term care fund. The amount of such deposit shall be determined by the secretary taking into account the factors stated in subsections (c) and (e) of this section.
(i) All state, local or other governmental agencies, shall be exempt from the requirements of subsections (a) and (c).
History: L. 1984, ch. 198, § 16; L. 2001, ch. 5, § 181; July 1.
(a) The secretary is authorized to enter into an agreement or agreements with the United States nuclear regulatory commission pursuant to section 274(c) of the atomic energy act of 1954, as amended, other federal agencies, as authorized by law, other states or interstate agencies, whereby this state will perform on a cooperative basis with the commission, other federal governmental agencies, other state or interstate agencies, inspections or other functions relating to control of sources of radiation.
(b) The secretary may institute training programs for the purpose of qualifying personnel to carry out the provisions of this act, and may make such personnel available for participation in any program or programs of the federal government, other states or interstate agencies in furtherance of the purposes of this act.
History: L. 1984, ch. 198, § 17; July 1.
(a) There is hereby created in the state treasury the radiation control operations fee fund to administer the provisions of K.S.A. 48-1601 through 48-1624, and amendments thereto. Such fund shall be administered by the secretary of health and environment in accordance with the provisions of this section.
(b) Revenue from the following sources shall be deposited in the state treasury and credited to the radiation control operations fee fund:
(1) Fees collected for licenses and registrations, and renewals thereof, issued under the nuclear energy development and radiation control act;
(2) reimbursement for administrative, inspection, radioactive material disposal, investigation and remedial action expenses;
(3) excluding civil penalties, moneys paid pursuant to any agreement, stipulation or settlement;
(4) grants, gifts, bequests or state appropriations for the purposes of K.S.A. 48-1601 through 48-1624, and amendments thereto;
(5) fees collected pursuant to K.S.A. 48-16a04, and amendments thereto; and
(6) interest attributable to investment of moneys in the fund.
Moneys described in this subsection which are received by the secretary shall be remitted by the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance the state treasurer shall deposit the entire amount in the state treasury to the credit of such fund.
The secretary of health and environment is authorized to receive from the federal government or any of its agencies or from any private or governmental source any funds made available for the purposes of K.S.A. 48-1601 through 48-1624, and amendments thereto.
(c) The secretary is authorized to use moneys from the radiation control operations fee fund to pay the cost of:
(1) All activities related to licensing and registration, including, but not limited to, development and issuance of licenses, registrations and renewals thereof, compliance monitoring, inspections, long term monitoring and enforcement actions and decontamination, decommissioning, reclamation or remedial actions;
(2) design and review of radioactive waste disposal facilities;
(3) review and witnessing of test and repair procedures;
(4) investigation of violations, complaints, pollution and events affecting the environment or public health;
(5) design and review of remedial action plans;
(6) personnel training programs;
(7) contracting for services needed to supplement the department's staff expertise in administering the provisions of K.S.A. 48-1601 through 48-1624, and amendments thereto;
(8) staff consultation needed to provide radiation protection services provided under this act;
(9) mitigation of adverse environmental or public health impacts, including impounding sources of radiation;
(10) emergency or long-term remedial activities;
(11) administrative, technical and legal costs incurred by the secretary in administering the provisions of K.S.A. 48-1601 through 48-1624, and amendments thereto; and
(12) costs of program administration, including the state's share of any grant received from the federal government or from other sources, public or private.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the radiation control operations fee fund interest earnings based on:
(1) The average daily balance of moneys in the radiation control operations fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding months.
(e) All expenditures from this fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment for the purposes set forth in this section.
History: L. 2004, ch. 106, § 2; L. 2010, ch. 94, § 13; July 1.
K.S.A. 48-16a01 through 48-16a12, and amendments thereto, shall be known and may be cited as the radon certification law.
History: L. 2010, ch. 94, § 1; July 1.
As used in the radon certification law:
(a) "Mitigate" means to repair or alter a building or design for the purpose in whole or in part of reducing the concentration of radon in the indoor atmosphere.
(b) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, state, political subdivision or agency of a state or political subdivision, or any legal successor or representative thereof.
(c) "Radon (Rn)" means the naturally occurring, colorless, odorless, radioactive gaseous element formed by radioactive decay, including radon 222, radon 220 (thoron), radon decay products and radon progeny or as defined by rules and regulations adopted by the secretary.
(d) "Secretary" means the secretary of the department of health and environment.
(e) "Measurement" or "test" means the: (1) Examination of a building, soil, water or air for the presence of radon, including taking air or soil samples; or (2) diagnosis of the source of radon contamination.
(f) "Radon measurement business" means a business which performs radon measurement and is either owned by, employees*, or retains as a consultant a certified radon measurement technician.
(g) "Radon mitigation business" means a business which performs radon mitigation services and is either owned by, employees* or retains as a consultant a certified radon mitigation technician.
(h) "Radon measurement laboratory" means a business that performs laboratory analysis of radon measurement devices or samples, but does not include the field analysis of continuous radon monitors or continuous working level monitors.
(i) "Department" means the department of health and environment.
History: L. 2010, ch. 94, § 2; July 1.
(a) The secretary shall establish a certification program for certified persons performing radon tests or mitigation in the state.
(b) The secretary shall adopt rules and regulations necessary to administer and implement the provisions of the radon certification law. Such rules and regulations shall be adopted no later than July 1, 2011.
(c) Within the limitations of appropriation acts, the secretary may employ personnel necessary to carry out the provisions of the radon certification law and rules and regulations adopted thereunder.
(d) The secretary may enter into agreements with public or private agencies for the implementation of the radon certification law.
(e) The secretary shall have no authority to adopt rules, regulations, standards or guidelines for the acceptable or permissible level of radon gas concentrations in residential or commercial structures that are more stringent, restrictive or expansive than the applicable federal standards or guidelines adopted or approved by the United States environmental protection agency.
History: L. 2010, ch. 94, § 3; July 1.
(a) The secretary may establish a schedule of fees to pay the costs of administration and implementation of the radon certification law. The secretary shall remit all moneys received from fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the radiation control operations fee fund established by K.S.A. 48-1625, and amendments thereto.
(b) Subject to the limitations of this section, the secretary may impose and collect fees, in advance for:
History: L. 2010, ch. 94, § 4; July 1.
(a) A person may not perform radon measurements or represent or advertise that such person may perform radon measurements unless such person has been certified as a radon measurement technician by the department.
(b) Any person desiring to be certified as a certified radon measurement technician shall submit an application on a form prescribed by the department along with the nonrefundable application fee.
(c) A radon measurement technician shall comply with the requirements of the radon certification law and any rules and regulations adopted thereunder.
(d) (1) Except as provided by this section, no person shall be certified by the department as a certified radon measurement technician unless such person shall have completed successfully a training course and passed an examination on radon measurement offered by the national radon safety board, the national environmental health association, or another organization determined by the department to have a radon measurement certification examination equal to or better than the national environmental health association or the national radon safety board.
(2) Applicants who are certified by either the national environmental health association or the national radon safety board on July 1, 2011, and who have completed an approved training course and passed an examination on radon measurement at any time prior to July 1, 2011, shall be deemed to have met the requirements of paragraph (1).
(e) The provisions of this section shall not apply to any person:
(1) Performing radon measurements on a building owned by such person or where such person resides; provided, the testing is not performed in association with or related to the transfer of real property; or
(2) performing radon measurements without remuneration; provided, the testing is not performed in association with or related to the transfer of real property.
History: L. 2010, ch. 94, § 5; July 1.
(a) A person may not perform radon mitigation or represent or advertise that such person may perform radon mitigation unless such person has been certified by the department.
(b) Any person desiring to be certified as a radon mitigation technician shall submit an application on a form prescribed by the department along with the nonrefundable application fee.
(c) A radon mitigation technician shall comply with the requirements of the radon certification law and any rules and regulations adopted thereunder.
(d) (1) Except as provided by this section, no person shall be certified by the department as a certified radon mitigation technician unless such person shall have completed successfully a training course and passed an examination on radon mitigation offered by the national radon safety board, the national environmental health association, or another organization determined by the department to have a radon mitigation certification examination equal to or better than the national environmental health association or the national radon safety board.
(2) Applicants who are certified by either the national environmental health association or the national radon safety board on July 1, 2011, and who have completed an approved training course and passed an examination on radon mitigation at any time prior to July 1, 2011, shall be deemed to have met the requirements of paragraph (1).
(e) The provisions of this section shall not apply to:
(1) Any person testing or mitigating buildings owned or occupied by such person.
(2) Any person not otherwise certified under the radon certification law who incorporate radon control options during construction in conformance with guidance designated by the department including, but not limited to, Appendix F of the 2003 international residential code or the applicable sections of ASTM E1465 "Standard Practice for Radon Control Options for the Design and Construction of New Low Rise Residential Buildings." Any upgrade or modification of the system to make it an active mitigation system shall be done by persons certified by the department and certified under the radon certification law.
(3) Laborers performing specific mitigation system installation tasks under the direct on-site supervision of a certified radon mitigation technician.
(4) Trade professionals installing portions of a radon mitigation system at the request of a radon mitigation business and under the direct on-site supervision of a certified radon mitigation technician.
(5) Any person who sells, or offers for sale at a retail outlet, radon measurement devices, such as charcoal canisters if:
(A) The radon measurement devices are manufactured or supplied by a certified person by the department;
(B) the analysis, result and interpretation of such tests are performed by a laboratory certified by the department and sent directly to the purchaser;
(C) consultation on radon is provided only by a certified radon measurement technician; and
(D) the measurement devices are stored and displayed in a manner that maintains their integrity.
(6) Any person testing for or mitigating radon as part of radon training approved by the department, scientific research approved by the department or as a public service without remuneration, and not performed for the purposes of transferring real property, as approved by the department.
History: L. 2010, ch. 94, § 6; July 1.
A radon measurement business shall comply with the radon certification law and any rules and regulations adopted thereunder. A certified radon measurement technician who is certified with the department shall own, be employed by or be retained as a consultant by a radon measurement business when such business is performing radon measurements. All radon testing, including the initial placement and final retrieval of all measurement devices and post mitigation testing, shall be performed by a certified radon measurement technician.
History: L. 2010, ch. 94, § 7; July 1.
A radon mitigation business shall comply with the radon certification law and any rules and regulations adopted thereunder. A certified radon mitigation technician who is certified with the department shall own, be employed by or be retained as a consultant by a radon mitigation business when such business is performing radon mitigation. A radon mitigation business shall ensure that radon mitigation system installations are performed under the supervision of a certified radon mitigation technician.
History: L. 2010, ch. 94, § 8; July 1.
(a) A person may not perform laboratory analysis or represent or advertise that it may perform laboratory analysis of radon measurement devices or samples unless such person has been certified as a certified radon measurement laboratory by the department.
(b) Any person desiring to be certified as a certified radon measurement laboratory shall submit an application on a form prescribed by the department along with the nonrefundable application fee.
(c) A certified radon measurement laboratory shall comply with the requirements of the radon certification law and any rules and regulations adopted thereunder. A person shall not be certified as an approved radon measurement laboratory unless such person has obtained a laboratory certification from the national environmental health association, the national radon safety board or a national proficiency testing program approved by the department.
(d) A designation as a certified radon measurement laboratory shall be nontransferable.
History: L. 2010, ch. 94, § 9; July 1.
(a) Except as provided by subsections (d), (e) and (g), any person who tests for radon in this state, analyzes radon testing devices used in this state or performs radon mitigation in this state shall make a report of such testing, analysis or mitigation to the secretary. Such report shall be made within 90 days of performance of such testing, analysis or mitigation and shall include the address where the services were provided, location within the building, approximate age of the building, the date on which the service was provided, the type of equipment or test kit used for radon measurements, specific information regarding pre-mitigation or post-mitigation for radon measurements, and the results of any tests, analysis or mitigation.
(b) All information obtained pursuant to this section shall be confidential and shall not be subject to disclosure under the open records act.
(c) The secretary may conduct research studies utilizing the data required to be reported by subsection (a). No report or publication shall include names or addresses of individuals.
(d) The provisions of this section shall not apply to a person performing tests or mitigation on a building owned by such person or where such person resides.
(e) Radon measurement businesses certified under this act shall not be required to submit the results of a radon test to the Kansas department of health and environment unless the customer or client consents to the release of this information in the contract to perform the radon test under subsection (f).
(f) Each contract between a certified radon measurement business and a client to perform a radon test shall include the following language: "It is standard procedure to provide the radon measurement information to the Kansas Department of Health and Environment. This data is required by law to be kept confidential and is used to conduct studies on radon and lung cancer incidence in Kansas. No report or publication will include names or addresses of individuals associated with the radon tests. If you (the client) agree that the radon testing information be disclosed to the Kansas Department of Health and Environment, you should initial here ______."
(g) If no contract is entered into by a certified radon measurement business and a client, the results of the radon testing shall be reported to the department in accordance with subsection (a).
History: L. 2010, ch. 94, § 10; July 1.
(a) Any person who willfully violates any provision of the radon certification law or any rules and regulations adopted thereunder is guilty of a class B misdemeanor and is subject to a cease and desist order imposed by the secretary after providing notice and a hearing in accordance with the Kansas administrative procedure act.
(b) In addition to any other penalty provided by law and after providing notice and a hearing in accordance with the Kansas administrative procedure act, the secretary may impose a fine in an amount not to exceed $1,000 against any person who violates any provision of the radon certification law and any rule and regulation adopted or order issued thereunder; if any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the amount of the civil penalty. Any action by the secretary pursuant to this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions*.
(c) On the request of the secretary, the attorney general is authorized to institute a civil action to collect any fine imposed pursuant to this section.
(d) All moneys collected from fines imposed under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(e) Any person certified for radon measurement or mitigation and who violates the provisions of the radon certification law or the rules and regulations adopted thereunder are subject to suspension or revocation of certification by the department in accordance with the Kansas administrative procedure act.
History: L. 2010, ch. 94, § 11; July 1.
If any section, subsection, sentence, clause, phrase or word of this act is for any reason held to be unconstitutional, such decree shall not affect the validity of any remaining portion of this act.
History: L. 2010, ch. 94, § 12; July 1.
The national guard mutual assistance compact is hereby enacted into law and entered into by this state with all other states legally joining therein, in the form substantially as follows:
Article I.—PURPOSES
The purposes of this compact are to:
Provide for mutual aid among the party states in the utilization of the national guard to cope with emergencies.
Permit and encourage a high degree of flexibility in the deployment of national guard forces in the interest of efficiency.
Maximize the effectiveness of the national guard in those situations which call for its utilization under this compact.
Provide protection for the rights of national guard personnel when serving in other states on emergency duty.
Article II.—ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force when enacted into law by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states.
Article III.—MUTUAL AID
(a) As used in this article:
"Emergency" means an occurrence or condition, temporary in nature, in which police and other public safety officials and locally available national guard forces are, or may reasonably be expected to be, unable to cope with substantial and imminent danger to the public safety.
"Requesting state" means the state whose governor requested assistance in coping with an emergency.
"Responding state" means the state furnishing aid, or requested to furnish aid.
(b) Upon request of the governor of a party state for assistance in an emergency, the governor of a responding state shall have authority under this compact to send without the borders of his state and place under the temporary command of the appropriate national guard or other military authorities of the requesting state all or any part of the national guard forces of his state as he may deem necessary, and the exercise of his discretion in this regard shall be conclusive.
(c) The governor of a party state may withhold the national guard forces of his state from such use and recall any forces or part or member thereof previously deployed in a requesting state.
(d) Whenever national guard forces of any party state are engaged in another state in carrying out the purposes of this compact, the members thereof so engaged shall have the same powers, duties, rights, privileges and immunities as members of national guard forces in such other state. The requesting state shall save members of the national guard forces of responding states harmless from civil liability for acts or omissions in good faith which occur in the performance of their duty while engaged in carrying out the purposes of this compact, whether responding forces are serving the requesting state within its borders or are in transit to or from such service.
(e) Subject to the provisions of paragraphs (f), (g) and (h) of this article, all liability that may arise under the laws of the requesting state, the responding state, or a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
(f) Any responding state rendering aid pursuant to this compact shall be reimbursed by the requesting state for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of the materials, transportation and maintenance of national guard personnel and equipment incurred in connection with such request: Provided, That nothing herein contained shall prevent any responding state from assuming such loss, damage, expense or other cost.
(g) Each party state shall provide, in the same amounts and manner as if they were on duty within their state, for the pay and allowances of the personnel of its national guard units while engaged without the state pursuant to this compact and while going to and returning from such duty pursuant to this compact. Such pay and allowances shall be deemed items of expense reimbursable under paragraph (f) by this requesting state.
(h) Each party state providing for the payment of compensation and death benefits to injured members and the representatives of deceased members of its national guard forces in case such members sustain injuries or are killed within their own state, shall provide for the payment of compensation and death benefits in the same manner and on the same terms in case such members sustain injury or are killed while rendering aid pursuant to this compact. Such compensation and death benefits shall be deemed items of expense reimbursable pursuant to paragraph (f) of this article.
Article IV.—DELEGATION
Nothing in this compact shall be construed to prevent the governor of a party state from delegating any of his responsibilities or authority respecting the national guard, provided that such delegation is otherwise in accordance with law. For purposes of this compact, however, the governor shall not delegate the power to request assistance from another state.
Article V.—LIMITATIONS
Nothing in this compact shall:
Expand or add to the functions of the national guard, except with respect to the jurisdictions within which such functions may be performed.
Authorize or permit national guard units to be placed under the field command of any person not having the military or national guard rank or status required by law for the field command position in question.
Article VI.—CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstances shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
History: L. 1968, ch. 68, § 1; March 16.
Upon presentation of a claim therefor by an appropriate authority of a state whose national guard forces have aided this state pursuant to the compact, any liability of this state pursuant to article III (f) of the compact shall be paid in the same manner provided for other expenditures of state moneys from amounts allocated therefor from the state emergency fund in accordance with K.S.A. 75-3713b.
History: L. 1968, ch. 68, § 2; L. 1976, ch. 235, § 3; May 8.
In accordance with article III (h) of the compact, members of the national guard forces of this state shall be deemed to be in state service at all times when engaged pursuant to this compact, and shall be entitled to all rights and benefits provided pursuant to K.S.A. 48-226* or subsequent similar pertinent legislation.
History: L. 1968, ch. 68, § 3; March 16.
History: L. 1968, ch. 255, §§ 1 to 7; Repealed, L. 1975, ch. 283, § 32; April 11.
History: L. 1970, ch. 210, § 1; Repealed, L. 2011, ch. 6, § 1; July 1.
History: L. 1970, ch. 210, § 2; Repealed, L. 2011, ch. 6, § 1; July 1.
History: L. 1970, ch. 210, § 3; Repealed, L. 2011, ch. 6, § 1; July 1.
History: L. 1970, ch. 210, § 4; Repealed, L. 2011, ch. 6, § 1; July 1.
History: L. 1970, ch. 210, § 5; Repealed, L. 2011, ch. 6, § 1; July 1.
(a) When the transfer of a firearm requires certification by a chief law enforcement officer in accordance with 27 C.F.R. § 479.85, in effect on January 24, 2003, a person may apply for such certification to a chief law enforcement officer. Within 15 days of receipt of a request for certification, the chief law enforcement officer shall provide such certification and approve the transfer unless a condition as provided in 27 C.F.R. § 479.85 exists which the chief law enforcement officer cannot certify because of specific acts or information directly related to the applicant. A generalized belief by the chief law enforcement officer that certain types of firearms have no lawful purpose or should not be possessed even by those who are not otherwise prohibited by law from possessing or receiving them shall not be sufficient reason to deny certification under this section. If certification of the application is not completed, the chief law enforcement officer, or such officer's designee, shall provide written notification to the applicant that certification of the application cannot be completed and the reason for such denial of certification.
(b) Any applicant whose request for certification is denied pursuant to subsection (a), may appeal such denial to the district court of the county in which the applicant resides. The district court shall review any denial of certification de novo. If the district court finds that the applicant is not prohibited by state or federal law from receiving the firearm and that there is no pending legal or administrative proceeding against the applicant which could result in such prohibition, the district court shall order the chief law enforcement officer to issue the certification. In addition to such other relief as may be ordered, the district court may award the applicant court costs and reasonable attorney's fees.
(c) Any chief law enforcement officer who certifies and approves the transfer of a firearm pursuant to this section shall not be held liable in any civil or criminal action for any act committed by another person with such firearm following such transfer.
(d) For purposes of this section:
(1) "Certification" means the written certificate required under 27 C.F.R. § 479.85, in effect on January 24, 2003, to be completed by a chief law enforcement officer for the approval of an application to transfer a firearm.
(2) "Chief law enforcement officer" means a person holding any of the offices described in 27 C.F.R. § 479.85, in effect on January 24, 2003, as eligible to provide the required certification for the transfer of a firearm.
(3) "Firearm" shall have the same meaning as provided in the federal national firearms act, 26 U.S.C. § 5845, in effect as of the effective date of this act.
History: L. 2014, ch. 97, § 1; July 1.
History: L. 1972, ch. 208, § 1; L. 1974, ch. 228, § 1; Repealed, L. 1992, ch. 192, § 17; July 1.
History: L. 1972, ch. 208, § 2; L. 1982, ch. 347, § 23; Repealed, L. 1992, ch. 192, § 17; July 1.
History: L. 1972, ch. 208, §§ 3, 4; Repealed, L. 1992, ch. 192, § 17; July 1.
In this act, unless the context otherwise requires:
(1) "State military forces" means the national guard of the state, as defined in title 32 of the United States Code, and any other military force organized under the laws of the state when not in a status subjecting the state military forces to exclusive federal jurisdiction under title 10 of chapter 47 of the United States Code. The unorganized militia, state defense force, state national guard, home guard or any other name of any state force that does not meet this definition shall be part of the state military forces under this code.
(2) "Officer" means both a commissioned or warrant officer.
(3) "Commanding officer" includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under K.S.A. 48-2301, and amendments thereto. The term "commander" has the same meaning as "commanding officer" unless otherwise noted.
(4) "Superior commissioned officer" means a commissioned officer superior in rank or command.
(5) "Enlisted member" means a person serving in an enlisted grade.
(6) "Grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
(7) "Rank" means the order of precedence among members of the state military forces.
(8) "State active duty" means full-time duty in the state military forces under an order of the governor issued under authority vested in the governor by law, and paid for by state funds, including travel to and from such duty.
(9) "Duty status other than state active duty" means any other type of duty not in federal service and not full-time duty in the active service of the state, under an order issued by authority of law, including travel to and from such duty.
(10) "State judge advocate" means the judge advocate appointed by the adjutant general who is responsible for supervising, overseeing and managing all legal personnel and services of the state military forces and military legal matters therein and for the administration of military justice.
(11) "Accuser" means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused.
(12) "Military" refers to any or all of the armed forces.
(13) "May" is used in a permissive sense. The words "no person may ..." means that no person is required, authorized or permitted to do the act prescribed.
(14) "Shall" is used in an imperative, mandatory sense.
(15) "Code" means this act or the Kansas code of military justice.
(16) "Enemy" means any hostile force designated as such by the United States, designated terrorist group or organized group designated by the proper civil authority that causes or perpetuates an insurrection against the United States or state of Kansas, rioters, looters, dissidents and others opposing or interfering with law and order.
(17) "Judge advocate" means a commissioned officer of the organized state military forces who is a member in good standing of the state bar of Kansas and is:
(a) Certified or designated as a judge advocate in the judge advocate general's corps of the army, air force, navy, marine corps or space force, or designated as a law specialist and as an officer of the coast guard or a reserve component of the armed forces; or
(b) certified as a non-federally recognized judge advocate under regulations promulgated under this provision by the state judge advocate or a designee as competent to perform such military justice duties required by this code.
(18) "Cadet" or "candidate" means a person who is enrolled in or attending a state military academy, a regional training institute or any other formal education program for the purpose of becoming a commissioned officer in the state military forces.
(19) "Classified information" means:
(a) Any information or material that has been determined by an official of the United States or any state in accordance with law, an executive order or regulation to require protection against unauthorized disclosure for reasons of national or state security; and
(b) any restricted data, as defined in 42 U.S.C. § 2014(y).
(20) "Day" means a calendar day and is not synonymous with the term "unit training assembly." Any punishment authorized by this code that is measured in days shall, when served in a status other than annual training, be construed to mean successive duty days.
(21) "Military offenses" means those offenses punishable under the KCMJ and prescribed under chapter 48 of the Kansas Statutes Annotated, and amendments thereto.
(22) "National security" means the national defense and foreign relations of the United States.
(23) "Commissioned officer" includes a commissioned warrant officer.
(24) "Pay" means the federal active duty base pay in accordance with current United States department of defense military pay tables.
(25) "Open hearing" and "open proceeding" means a hearing or a proceeding that is open to and may be attended by members of the state military forces except for any member who is a witness in such hearing.
(26) "UCMJ" means the uniform code of military justice as defined in title 10 of chapter 47 of the United States Code and put into effect by an executive order of the president of the United States.
History: L. 1972, ch. 203, § 48-2101; L. 1988, ch. 191, § 1; L. 2024, ch. 78, § 55; July 1.
(a) The following persons who are not in federal service are subject to this code:
(1) Members of the state military forces; and
(2) all other persons lawfully ordered to duty as part of the state military forces, from the dates they are required by the terms of the ordered or other directive to obey the code.
(b) A person may not be punished for any offense provided in this code unless:
(1) The offense was committed while the person was in a duty status during the time of the offense or was properly ordered to be in a duty status for the duration of the offense; or
(2) the offense charged shares a nexus to the military status, duty or assignment of the person.
(c) For purposes of this section, the required nexus of connection with military status, duty or assignment is conclusively established for offenses for which there is no equivalent offense in the criminal laws of this state and for offenses involving:
(1) Wrongful use, possession, manufacture, distribution or introduction of a controlled substance as described in K.S.A. 48-3035a, and amendments thereto; or
(2) the state military forces.
(d) Subject-matter jurisdiction is established if a nexus exists between an offense, either military or non-military, and the state military forces. State military forces have primary jurisdiction of military offenses, as defined in K.S.A. 48-2101, and amendments thereto, when persons subject to this code are in a duty status or were properly ordered to be in a duty status. A proper civilian court, except as provided in subsection (e), has primary jurisdiction of an offense when an act or omission violates both this code and local criminal law, foreign and domestic, and when a person subject to this code was neither in a duty status nor properly ordered into a duty status. In such a case involving a military offense, nonjudicial punishment may be initiated only after the civilian authority has declined to prosecute or has dismissed the charges, provided that jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation and accessory crimes shall be determined by the underlying offense.
(e) State military forces have primary jurisdiction of any offense under this code that involves a person subject to the this code when in a duty status, when properly ordered to be in a duty status or when a military nexus exists and specifically includes the wrongful use, possession, manufacture or introduction of a controlled substance as defined in Article 112a of the KCMJ.
History: L. 1972, ch. 203, § 48-2102; L. 2024, ch. 78, § 56; July 1.
(a) No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
(b) The fact that any person charged with an offense under this code is separated from the service while proceedings are pending or while undergoing sentence shall not affect the jurisdiction of any proceeding.
History: L. 1972, ch. 203, § 48-2103; L. 2024, ch. 78, § 57; July 1.
History: L. 1972, ch. 203, § 48-2104; L. 1988, ch. 191, § 2; Repealed, L. 2024, ch. 78, § 122; July 1.
(a) This code applies to all times and places, provided that the person subject to the code is in a duty status or subject to this code under K.S.A. 48-2102, and amendments thereto. This grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, limited only by the prohibition of double jeopardy.
(b) Nonjudicial punishment may be convened and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
History: L. 1972, ch. 203, § 48-2105; L. 2024, ch. 78, § 58; July 1.
(a) The staff judge advocates in each component of the state's military forces or such judge advocate's designee shall make frequent inspections in the field under the supervision of the administration of military justice in that force.
(b) Commanding officers shall at all times communicate directly with their staff judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the staff judge advocate of a superior or subordinate command or with the state judge advocate.
(c) No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer, or who has been a witness for either the prosecution or defense, in any case, may later act as a judge advocate to any reviewing authority upon the same case.
History: L. 1972, ch. 203, § 48-2106; L. 2024, ch. 78, § 59; July 1.
(a) The adjutant general, with the approval of the governor, shall appoint an officer of the state military forces as state judge advocate, with the rank of colonel. To be eligible for such appointment, the appointee shall meet the definition of judge advocate in K.S.A. 48-2101, and amendments thereto.
(b) The adjutant general may appoint as many assistants to the state judge advocate as the adjutant general considers necessary. The appointees shall be designated assistant state judge advocates. To be eligible for such appointment, appointees shall meet the definition of judge advocate in K.S.A. 48-2101, and amendments thereto.
(c) The adjutant general, with the approval of the governor, may promote a state judge advocate to the rank of brigadier general if the state judge advocate has served 20 years or more of combined service in the Kansas national guard and the United States military forces and held the rank of colonel for at least 10 years.
History: L. 2024, ch. 78, § 1; July 1.
(a) Apprehension is the taking of a person into custody.
(b) Any person authorized by this code or by title 10 of chapter 47 of the United States Code or by regulations issued under either, to apprehend persons subject to this code, and any law enforcement officer having authority to apprehend offenders under the laws of the United States or of a state or municipality may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
(c) Commissioned officers, warrant officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
(d) No person authorized by this article to apprehend persons subject to this code nor the place where such offender is restrained, held or otherwise housed subject to this code may require payment of any fee or charge for receiving, apprehending, confining, restraining, holding or otherwise housing a person except as otherwise provided by law.
History: L. 1972, ch. 203, § 48-2201; L. 1988, ch. 191, § 3; L. 2024, ch. 78, § 60; July 1.
History: L. 1972, ch. 203, § 48-2202; L. 1988, ch. 191, § 4; Repealed, L. 2024, ch. 78, § 122; July 1.
(a) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person.
(b) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of such officers' command or subject to such officers' authority into arrest or confinement.
(c) A commissioned officer, warrant officer or a civilian subject to this code may be ordered into arrest or confinement only by a commanding officer to whose authority such commissioned officer or warrant officer is subject, by an order, oral or written, delivered in person or by a commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated.
(d) No person may be ordered apprehended or into arrest or confinement except for probable cause.
(e) This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
History: L. 1972, ch. 203, § 48-2203; L. 1988, ch. 191, § 5; L. 2024, ch. 78, § 61; July 1.
Any person subject to this code charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and to try the person or to dismiss the charges and release the person, in accordance with regulations promulgated by the governor.
History: L. 1972, ch. 203, § 48-2204; L. 1988, ch. 191, § 6; L. 2024, ch. 78, § 62; July 1.
History: L. 1972, ch. 203, § 48-2205; L. 1988, ch. 191, § 7; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2206; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2207; L. 1988, ch. 191, § 8; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2208; L. 1988, ch. 191, § 9; Repealed, L. 2024, ch. 78, § 122; July 1.
No member of the state military forces may be placed in confinement in immediate association with enemy prisoners, both foreign and domestic, or other foreign nationals who are not members of the armed forces.
History: L. 2024, ch. 78, § 3; July 1.
(a) Under such regulations as the governor may prescribe, any commanding officer may impose disciplinary punishments for military offenses under this code.
Only the governor, the adjutant general or an officer of a general or flag rank in command may delegate the powers under this article to a principal assistant who is a member of the state military forces.
(b) Any company-grade commanding officer may in addition to or in lieu of admonition or reprimand, after holding a hearing in which the accused is entitled to be present, impose not more than two of the following disciplinary punishments upon enlisted members of the officer's command:
(1) Withholding of privileges for not more than two consecutive weeks;
(2) extra duties for not more than two consecutive weeks and not to exceed two hours per day, holidays included;
(3) the forfeiture of not more than seven days' pay;
(4) a fine of not more than seven days' pay; or
(5) a reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction, but the officer imposing the reduction need not have actual authority to promote the member on whom the reduction is imposed.
(c) Any field-grade commanding officer or an officer of a general or flag rank in command may in addition to or in lieu of admonition or reprimand, after holding a hearing in which the accused is entitled to be present, impose not more than three of the following disciplinary punishments upon enlisted members of the officer's command:
(1) Withholding of privileges for not more than two consecutive weeks;
(2) extra duties for not more than two consecutive weeks but not to exceed two hours per day, holidays included;
(3) the forfeiture of not more than 30 days' pay;
(4) a fine of not more than 30 days' pay; or
(5) a reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but the officer imposing the reduction need not have actual authority to promote the member on whom the reduction is imposed. An enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.
(d) The governor, the adjutant general or an officer of a general or flag rank in command may in addition to or in lieu of admonition or reprimand, after a hearing in which the accused is entitled to be present, impose any of the following disciplinary punishments upon officers of the officer's command:
(1) Withholding privileges for not more than two consecutive weeks;
(2) the forfeiture of not more than 30 days' pay; and
(3) a fine of not more than 30 days' pay.
(e) Whenever any of those punishments are combined to run consecutively, the total length of the combined punishment cannot exceed the authorized duration of the longest punishment in the combination, and there must be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this article.
(f) The officer who imposes the punishment, or the successor in command, may, at any time, suspend, set aside, mitigate or remit any part or amount of the punishment and restore all rights, privileges and property affected. The officer also may mitigate:
(1) Reduction in grade to forfeiture of pay; or
(2) extra duties to restriction.
The mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.
(g) The governor or the adjutant general may, by order or rule, place limitations on the powers granted by this code with respect to the kinds and amount of punishment authorized and the categories of commanding officers authorized to exercise those powers.
(h) Whenever nonjudicial punishment of forfeiture of an amount of pay is imposed under this article, the forfeiture may apply to base pay before any deduction, withholding, assignment or forfeiture due on or after the date that punishment is imposed and to any pay accrued before that date.
(i) Regulations may prescribe the form of records to be kept of proceedings under this article and may prescribe that certain categories of those proceedings shall be in writing.
(j) A person subject to punishment under this article has a right to be physically present during any hearing conducted under this article. A person waives the right to be present at a hearing held to adjudicate the charged offenses if the person fails to go to the appointed place of the hearing at the time prescribed after having been properly informed of the charged offenses and scheduled hearing and was given the requisite opportunity to consult with legal counsel. Any hearing conducted under this article by a company-grade commanding officer during which a finding of guilt is made and punishment is adjudged over and above admonition, reprimand or both shall have a written record that includes all real and testimonial evidence and all other supporting documents.
History: L. 1972, ch. 203, § 48-2301; L. 1988, ch. 191, § 10; L. 2015, ch. 66, § 1; L. 2024, ch. 78, § 63; July 1.
(a) A person punished under K.S.A. 48-2301, and amendments thereto, by a company-grade commanding officer who considers the findings unsupported by the evidence or the punishment unjust or disproportionate to the offense can demand from the commanding officer a de novo review of the findings and punishment.
(1) Upon such demand, any punishment shall be stayed and the hearing record, evidence and supporting documents under K.S.A. 48-2301, and amendments thereto, shall be forwarded to the next superior field-grade commander.
(2) Upon receipt of such evidence, the next superior commander shall obtain a written legal review of the matter and, after providing the accused an opportunity to be heard, make a written decision on:
(A) Whether to uphold or reverse any finding of guilt; and
(B) whether to uphold, mitigate or reduce any punishment.
(b) A person punished under K.S.A. 48-2301, and amendments thereto, by a field-grade commanding officer, or an officer of a general or flag rank in command who considers the punishment unjust or disproportionate to the offense can, through the proper channel, appeal to the next superior commander within 10 days of being informed about the punishment.
(1) The appeal shall be promptly forwarded and decided, but the person punished may be required to undergo the punishment. The superior commander may exercise the same powers with respect to the punishment imposed in K.S.A. 48-2301(f), and amendments thereto.
(2) Before acting on an appeal, the superior commander in charge of the appeal must give the accused the opportunity to be heard and can refer the case to a judge advocate for consideration and advice. The manner in which the opportunity to be heard is exercised at the sole discretion of the superior commander.
(c) A person punished under K.S.A. 48-2201, and amendments thereto, is entitled to one appeal but is not entitled to any appeal under this section.
History: L. 2024, ch. 78, § 4; July 1.
(a) The imposition and enforcement of disciplinary punishment under K.S.A. 48-2301, and amendments thereto, for any act or omission does not bar a trial by a civilian court of competent jurisdiction for a serious crime or offense related to the same act or omission and not properly punishable under this code.
(b) The enforcement of a disciplinary punishment may be shown by the accused during trial proceedings and, when shown, shall be considered in the determination of punishment if the accused is found guilty.
History: L. 2024, ch. 78, § 5; July 1.
History: L. 1972, ch. 203, § 48-2401; L. 1988, ch. 191, § 11; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 12; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2402; L. 1988, ch. 191, § 13; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 14; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2403; L. 1988, ch. 191, § 15; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2404; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2405; L. 1988, ch. 191, § 16; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2406; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2501; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 17; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2502; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2503; L. 1988, ch. 191, § 18; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2504; L. 1988, ch. 191, § 19; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2505; L. 1988, ch. 191, § 20; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2506; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2507; L. 1988, ch. 191, § 21; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2601; Repealed, L. 2024, ch. 78, § 122; July 1.
(a) No person subject to this code shall compel any person to self-incriminate that person or to answer any question, the answer to which may tend to incriminate the person.
(b) No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing that person of the nature of the accusation and advising that person that such person does not have to make any statement regarding the offense of which such person is accused or suspected, that any statement made by that person may be used as evidence against such person in a trial by any military or civil proceeding, that such person has a right to consult with a lawyer, that such person has a right to have a lawyer present during questioning, that such person has a right to request a lawyer and that upon request one will be provided without cost or, if that person prefers, such person may retain counsel of such person's choosing at such person's own expense.
(c) No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade the person.
(d) No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against the person.
History: L. 1972, ch. 203, § 48-2602; L. 2024, ch. 78, § 64; L. 2024, ch. 78, § 64; L. 2024, ch. 78, § 64; L. 2024, ch. 78, § 64; L. 2024, ch. 78, § 64; July 1.
History: L. 1972, ch. 203, § 48-2603; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2604; Repealed, L. 2024, ch. 78, § 122; July 1.
Before proceeding to take action under this code, a commanding officer should confer with the commanding officer's servicing judge advocate for consideration and advice.
History: L. 1972, ch. 203, § 48-2605; L. 1988, ch. 191, § 22; L. 2024, ch. 78, § 65; L. 2024, ch. 78, § 65; L. 2024, ch. 78, § 65; July 1.
History: L. 1972, ch. 203, § 48-2606; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2701; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2702; L. 1988, ch. 191, § 23; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2703; L. 1988, ch. 191, § 24; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2704; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2705; L. 1988, ch. 191, § 25; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2706; L. 1988, ch. 191, § 26; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2707; L. 1988, ch. 191, § 27; Repealed, L. 2024, ch. 78, § 122; July 1.
(a) A person charged with sedition, mutiny, desertion, missing movement or absence without leave in time of war or aiding a hostile force may be punished at any time without limitation.
(b) Except as otherwise provided in this section, a person charged with any offense is not liable to be punished under K.S.A. 48-2301, and amendments thereto, if the offense was committed more than two years before the imposition of punishment under K.S.A. 48-2301, and amendments thereto, unless the commission of the offense was not immediately known and not readily discoverable, in which case the statute of limitations is two years from the discovery.
(c) Periods in which the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation prescribed in this article.
(d) Periods in which the accused was absent from territory in which the state has the authority to apprehend the accused, or in the custody of civil authorities, or in the hands of a hostile force, shall be excluded in computing the period of limitation prescribed in this section.
(e) When the United States is at war or the president of the United States has declared a national emergency, the running of any statute of limitations applicable to any offense under this code is suspended until three years after the termination of hostilities or national emergency as proclaimed by the president of the United States or by the joint resolution of the United States congress if the offense:
(1) Involves fraud or attempted fraud against the United States, any state or any agency of either in any manner, whether by conspiracy or not;
(2) was committed in connection with the acquisition, care, handling, custody, control or disposition of any real or personal property of the United States or any state; or
(3) was committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation or other termination or settlement of any contract, subcontract or purchase order that is connected with or related to the prosecution of the war or with any disposition of termination inventory by any war contractor or government agency.
(f) (1) Punishment under new charges and specifications are not barred by the statute of limitations if the conditions specified in paragraph (2) are met and charges or specifications are dismissed as defective or insufficient for any cause and the period prescribed by the applicable statute of limitations:
(A) Has expired; or
(B) will expire within 180 days after the date of dismissal of the charges and specifications.
(2) The conditions referred to in paragraph (1)(B) are that the new charges must:
(A) Be received by a commanding officer within 180 days after the dismissal of the charges or specifications; and
(B) allege the same acts or omissions that were alleged in the dismissed charges or specifications or allege acts or omissions that were included in the dismissed charges or specifications.
History: L. 1972, ch. 203, § 48-2708; L. 1988, ch. 191, § 28; L. 2024, ch. 78, § 66; July 1.
(a) No person may, without that person's consent, be punished a second time for the same offense.
(b) No proceeding in which an accused has been found guilty by a commanding officer upon any charge or specification under K.S.A. 48-2301, and amendments thereto, is a punishment under this section until the time for appeal has run or a final decision on the appeal is made.
History: L. 1972, ch. 203, § 48-2709; L. 2024, ch. 78, § 67; L. 2024, ch. 78, § 67; L. 2024, ch. 78, § 67; July 1.
History: L. 1972, ch. 203, § 48-2710; L. 1988, ch. 191, § 29; Repealed, L. 2024, ch. 78, § 122; July 1.
Revisor's Note: Articles 46a and 46b, see 48-3106, 48-3107.
History: L. 1972, ch. 203, § 48-2711; L. 1988, ch. 191, § 30; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2712; L. 1988, ch. 191, § 31; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2713; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2714; L. 1988, ch. 191, § 32; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2715; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2716; L. 1988, ch. 191, § 33; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2717; L. 1988, ch. 191, § 34; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2718; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2719; L. 1988, ch. 191, § 35; Repealed, L. 2024, ch. 78, § 122; July 1.
Punishment by flogging, branding, marking or tattooing the body, or any other cruel or unusual punishment may not be adjudged by any commanding officer or inflicted upon any person subject to this code.
History: L. 1972, ch. 203, § 48-2801; L. 2024, ch. 78, § 68; L. 2024, ch. 78, § 68; L. 2024, ch. 78, § 68; July 1.
(a) The punishment that a commanding officer may direct for an offense may not exceed limits prescribed by this code.
(b) Notwithstanding the limitations already prescribed, the maximum fine that may be assessed by a commanding officer under K.S.A. 48-2301, and amendments thereto, shall not exceed the amount of $2,500.
History: L. 1972, ch. 203, § 48-2802; L. 2024, ch. 78, § 69; L. 2024, ch. 78, § 69; L. 2024, ch. 78, § 69; July 1.
History: L. 1972, ch. 203, § 48-2803; L. 1988, ch. 191, § 36; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-2804; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, §§ 48-2901 to 48-2914; Repealed, L. 1988, ch. 191, § 68; July 1.
History: L. 1988, ch. 191, § 37; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 38; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 39; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 40; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 41; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 42; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 43; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 44; Repealed, L. 2024, ch. 78, § 122; July 1.
Revisor's Note: No article in this code comparable to article 68 (branch offices) of federal code.
History: L. 1988, ch. 191, § 45; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 46; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 47; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 48; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 49; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 50; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 51; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 52; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 53; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1988, ch. 191, § 54; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-3001; Repealed, L. 2024, ch. 78, § 122; July 1.
Any person subject to this code who:
(1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or procures its commission; or
(2) causes an act to be done which if directly performed by the person would be punishable by this code; is a principal.
History: L. 1972, ch. 203, § 48-3002; July 1.
Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts or assists the offender in order to hinder or prevent the offender's apprehension, trial or punishment shall be punished as a commanding officer may direct.
History: L. 1972, ch. 203, § 48-3003; L. 2024, ch. 78, § 70; July 1.
An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.
History: L. 1972, ch. 203, § 48-3004; July 1.
(a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.
(b) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a commanding officer may direct, unless otherwise specifically prescribed.
(c) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the hearing that the offense was consummated.
History: L. 1972, ch. 203, § 48-3005; L. 2024, ch. 78, § 71; July 1.
Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a commanding officer may direct.
History: L. 1972, ch. 203, § 48-3006; L. 2024, ch. 78, § 72; July 1.
(a) Any person subject to this code who solicits or advises another or others to desert in violation of K.S.A. 48-3010, and amendments thereto, or mutiny in violation of K.S.A. 48-3019, and amendments thereto, shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed or attempted, the person shall be punished as a commanding officer may direct.
(b) Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of K.S.A. 48-3024, and amendments thereto, or sedition in violation of K.S.A. 48-3019, and amendments thereto, shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, the person shall be punished as a commanding officer may direct.
History: L. 1972, ch. 203, § 48-3007; L. 2024, ch. 78, § 73; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer who:
(1) Procures such person's own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to the person's qualifications for that enlistment or appointment and receives pay or allowances thereunder; or
(2) procures such person's own separation from the state military forces by knowingly false representation or deliberate concealment as to the person's eligibility for that separation.
History: L. 1972, ch. 203, § 48-3008; L. 2024, ch. 78, § 74; July 1.
Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to that person to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a commanding officer may direct.
History: L. 1972, ch. 203, § 48-3009; L. 2024, ch. 78, § 75; July 1.
(a) Any member of the state military forces who:
(1) Without authority goes or remains absent from the member's unit, organization or place of duty with intent to remain away therefrom permanently;
(2) quits such member's unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or
(3) without being regularly separated from one of the state military forces, enlists or accepts an appointment in the same or another one of the state military forces, or in one of the armed forces of the United States, without fully disclosing the fact is guilty of desertion.
(b) Any commissioned officer of the state military forces who, after tender of resignation and before notice of its acceptance, quits such commissioned officer's post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished at the direction of a commanding officer.
History: L. 1972, ch. 203, § 48-3010; L. 2024, ch. 78, § 76; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer who, without authority:
(a) Fails to go to the person's appointed place of duty at the time prescribed;
(b) goes from that place; or
(c) absents oneself or remains absent from such person's unit, organization or place of duty at which such person is required to be at the time prescribed.
History: L. 1972, ch. 203, § 48-3011; L. 2024, ch. 78, § 77; L. 2024, ch. 78, § 77; L. 2024, ch. 78, § 77; July 1.
(a) Any person subject to this code who through neglect or design misses the movement of a ship, aircraft or unit with which the person is required in the course of duty to move shall be punished as a commanding officer may direct.
(b) Any person subject to this code who wrongfully and intentionally jumps into the water from a vessel in use by the United States armed forces or state military forces shall be punished at the direction of a commanding officer.
History: L. 1972, ch. 203, § 48-3012; L. 2024, ch. 78, § 78; L. 2024, ch. 78, § 78; L. 2024, ch. 78, § 78; July 1.
Any person subject to this code who uses contemptuous words against the president, the vice president, congress, the secretary of defense, the secretary of a military department, the secretary of homeland security, the governor or the governor of any other state, the legislature or the legislature of any other state, territory, commonwealth or possession in which that person may be serving, shall be punished as a commanding officer may direct.
History: L. 1972, ch. 203, § 48-3013; L. 1988, ch. 191, § 55; L. 2024, ch. 78, § 79; July 1.
Any person subject to this code who behaves with disrespect toward such person's superior commissioned officer shall be punished as a commanding officer may direct.
History: L. 1972, ch. 203, § 48-3014; L. 2024, ch. 78, § 80; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person strikes the person's superior commissioned officer or draws or lifts up any weapon or offers any violence against the superior commissioned officer while the officer is in the execution of the officer's office.
History: L. 1972, ch. 203, § 48-3015; L. 2024, ch. 78, § 81; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person willfully disobeys a lawful command of such person's superior commissioned officer.
History: L. 2024, ch. 78, § 36; July 1.
Any warrant officer or enlisted member shall be punished at the direction of a commanding officer if such person:
(a) Strikes or assaults a warrant officer, noncommissioned officer or petty officer, while that officer is in the execution of such officer's office;
(b) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or
(c) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer, while that officer is in the execution of such officer's office.
History: L. 1972, ch. 203, § 48-3016; L. 2024, ch. 78, § 82; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(a) Violates or fails to obey any lawful general order or regulation;
(b) having knowledge of any other lawful order issued by a member of the state military forces which it is the person's duty to obey, fails to obey the order; or
(c) is derelict in the performance of such person's duties.
History: L. 1972, ch. 203, § 48-3017; L. 2024, ch. 78, § 83; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person is guilty of cruelty toward, or oppression or maltreatment of, any person subject to such person's orders.
History: L. 1972, ch. 203, § 48-3018; L. 2024, ch. 78, § 84; July 1.
(a) Any person subject to this code who:
(1) With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do such person's duty or creates any violence or disturbance is guilty of mutiny;
(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority is guilty of sedition; or
(3) fails to do such person's utmost to prevent and suppress a mutiny or sedition being committed in such person's presence, or fails to take all reasonable means to inform such person's superior commissioned officer or commanding officer of a mutiny or sedition that such person knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b) A person who is found guilty of attempted mutiny, mutiny, sedition or failure to suppress or report a mutiny or sedition shall be punished at the direction of a commanding officer.
History: L. 1972, ch. 203, § 48-3019; L. 2024, ch. 78, § 85; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(a) Resists apprehension;
(b) breaks arrest; or
(c) escapes from physical restraint, custody or confinement lawfully imposed.
History: L. 1972, ch. 203, § 48-3020; L. 2024, ch. 78, § 86; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer, whether or not the prisoner was committed to such person's charge in strict compliance with the law if such person:
(1) Without proper authority, releases a prisoner;
(2) through neglect or by design, allows any prisoner to escape; or
(3) unlawfully drinks any alcoholic beverage with a prisoner.
History: L. 1972, ch. 203, § 48-3021; L. 2024, ch. 78, § 87; July 1.
Any person subject to this code who, except as provided by law or regulation, apprehends, arrests or confines any person shall be punished at the direction of a commanding officer.
History: L. 1972, ch. 203, § 48-3022; L. 2024, ch. 78, § 88; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(a) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or
(b) knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during or after punishment of an accused.
History: L. 1972, ch. 203, § 48-3023; L. 2024, ch. 78, § 89; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person, before or in the presence of the enemy:
(a) Runs away;
(b) shamefully abandons, surrenders or delivers up any command, unit, place or military property that such person has a duty to defend;
(c) through disobedience, neglect or intentional misconduct endangers the safety of any such command, unit, place or military property;
(d) casts away such person's arms or ammunition;
(e) is guilty of cowardly conduct;
(f) quits such person's place of duty to plunder or pillage;
(g) causes false alarms in any command, unit or place under control of the armed forces of the United States or the state military forces;
(h) willfully fails to do such person's utmost to encounter, engage, capture or destroy any hostile force, combatants, vessels, aircraft or any other thing that the person has a duty to encounter, engage, capture or destroy; or
(i) does not afford all practicable relief and assistance to any troops, combatants, vessels or aircraft of the armed forces belonging to the United States or their allies, to the state or to any other state when engaged in battle.
History: L. 1972, ch. 203, § 48-3024; L. 2024, ch. 78, § 90; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person compels or attempts to compel the commander of any place, vessel, aircraft or other military property or of any body of members of the state military forces, the United States armed forces or the military forces of any other state, to give up such property or body of members to an enemy or to abandon such property or body of members or who strikes the colors or flag to an enemy without proper authority.
History: L. 1972, ch. 203, § 48-3025; L. 2024, ch. 78, § 91; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person, in time of war or civil disturbance, discloses the parole or countersign to any person not entitled to receive it or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to the person's knowledge, that person was authorized and required to give.
History: L. 1972, ch. 203, § 48-3026; L. 2024, ch. 78, § 92; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person forces a safeguard.
History: L. 1972, ch. 203, § 48-3027; L. 2024, ch. 78, § 93; July 1.
(a) All persons subject to this code shall secure all public property taken from the hostile force for the service of the United States, or the state of Kansas, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(1) Fails to carry out the duties prescribed in subsection (a);
(2) buys, sells, trades or in any way deals in or disposes of captured or abandoned property, whereby that person receives or expects any profit, benefit or advantage to such person or another directly or indirectly connected with such person; or
(3) engages in looting or pillaging.
History: L. 1972, ch. 203, § 48-3028; L. 2024, ch. 78, § 94; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(a) Aids, or attempts to aid the enemy with arms, ammunition, supplies, money or other things; or
(b) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly.
History: L. 1972, ch. 203, § 48-3029; L. 2024, ch. 78, § 95; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person, while in the hands of a hostile force in time of war or civil disturbance:
(a) For the purpose of securing favorable treatment by the person's captors, acts without proper authority in a manner contrary to law, custom or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or
(b) while in a position of authority over such persons, maltreats such persons without justifiable cause.
History: L. 1972, ch. 203, § 48-3030; L. 2024, ch. 78, § 96; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person, with intent to deceive:
(1) Signs any false record, return, regulation, order or other official document, knowing it to be false; or
(2) makes any other false official statement knowing such statement to be false.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(1) Takes an oath that is administered:
(A) In a matter in which such oath is required to do so; and
(B) by a person with the authority to do so; and
(2) upon taking such oath, makes or subscribes to a statement that, at the time the oath was administered, the person did not believe to be true.
History: L. 1972, ch. 203, § 48-3031; L. 2024, ch. 78, § 97; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person, without proper authority:
(a) Sells or otherwise disposes of any military property of the United States or of the state;
(b) willfully or through neglect damages, destroys or loses any military property of the United States or of the state; or
(c) willfully or through neglect suffers to be damaged, destroyed, sold or wrongfully disposed of any military property of the United States or of the state.
History: L. 1972, ch. 203, § 48-3032; L. 2024, ch. 78, § 98; L. 2024, ch. 78, § 98; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person willfully or recklessly wastes, spoils or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state.
History: L. 1972, ch. 203, § 48-3033; L. 2024, ch. 78, § 99; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person willfully and wrongfully hazards or suffers to be hazarded any vessel of the armed forces of the United States or any state military forces.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if such person negligently hazards or suffers to be hazarded any vessel of the armed forces of the United States or any state military forces.
History: L. 1988, ch. 191, § 56; L. 2024, ch. 78, § 100; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person operates any vehicle in a manner prohibited by K.S.A. 8-1567, and amendments thereto, in a reckless or wanton manner or while impaired by a substance described in K.S.A. 48-3035a, and amendments thereto.
History: L. 1972, ch. 203, § 48-3034; L. 1988, ch. 191, § 57; L. 2024, ch. 78, § 101; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person is found drunk on duty.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if such person, as a result of indulgence in any alcoholic beverage or any drug, is incapacitated for the proper performance of duty.
History: L. 1972, ch. 203, § 48-3035; L. 2024, ch. 78, § 102; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person wrongfully uses, is under the influence of, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States or introduces into an installation, vessel, vehicle or aircraft used by or under the control of the armed forces of the United States or state military forces a substance described in subsection (b).
(b) The substances referred to in subsection (a) are the following:
(1) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid and marijuana and any compound or derivative of any such substance.
(2) Any substance not specific in subsection (b)(1) that is listed on a schedule of controlled substances prescribed by the president of the United States or the governor for the purposes of this article.
(3) Any other substance not specified in subsection (b)(1) or contained on a list prescribed by the president of the United States or governor under subsection (b)(2) that is listed in schedules I through V of section 202 of the controlled substances act, 21 U.S.C. § 812.
(c) A person subject to this code shall be punished at the direction of a commanding officer if such person wrongfully possesses in such person's blood or urine the metabolites of a controlled substance as identified in subsection (b).
History: L. 1988, ch. 191, § 58; L. 2024, ch. 78, § 103; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(a) Fights or promotes, or is concerned in or connives at fighting a duel; or
(b) has knowledge of a challenge sent or about to be sent and fails to report the fact promptly to the proper authority.
History: L. 1972, ch. 203, § 48-3036; L. 2024, ch. 78, § 104; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person, for the purpose of avoiding work, duty or service in the state military forces:
(a) Feigns illness, physical disablement, mental lapse or derangement; or
(b) intentionally inflicts self-injury.
History: L. 1972, ch. 203, § 48-3037; L. 2024, ch. 78, § 105; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person causes or participates in any riot or breach of the peace.
History: L. 1972, ch. 203, § 48-3038; L. 2024, ch. 78, § 106; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person uses provoking or reproachful words or gestures towards any other person subject to this code.
History: L. 1972, ch. 203, § 48-3039; L. 2024, ch. 78, § 107; July 1.
Any person subject to this code shall be guilty of perjury and shall be punished at the direction of a commanding officer if such person, in a proceeding conducted under this code or in a proceeding or hearing conducted under the auspices of the adjutant general where oaths are administered, willfully and corruptly:
(a) Gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry; or
(b) in any declaration, certificate, verification or statement under penalty of perjury as permitted under law, testifies to any false statement material to the issue or matter of inquiry.
History: L. 1972, ch. 203, § 48-3040; L. 2024, ch. 78, § 108; July 1.
(a) Any person subject to this code shall, if the conditions in subsection (b) are satisfied, be punished at the direction of a commanding officer if such person induces another person to:
(1) Take an oath; and
(2) falsely testify, depose or make a statement upon such oath.
(b) The conditions referred to in subsection (a) are the following:
(1) The oath is administered regarding a matter for which such oath is required or authorized by law.
(2) The oath is administered by a person that has the authority to do so.
(3) Upon making such oath, the other person willfully makes or attests to a statement.
(4) The statement is material to the proceedings.
(5) The statement is false.
(6) When the statement is made or attested to, the person subject to this code and the person induced into such conduct do not believe such statement is true.
History: L. 2024, ch. 78, § 21; July 1.
Any person subject to this code shall, upon conviction, be punished at the direction of a commanding officer if such person:
(a) Who, knowing it to be false or fraudulent:
(1) Makes any claim against the United States, the state or any officer thereof; or
(2) presents to any person in the civil or military service thereof for approval or payment any claim against the United States, the state or any officer thereof;
(b) who, for the purpose of obtaining the approval, allowance or payment of any claim against the United States, the state or any officer thereof:
(1) Makes or uses any writing or other paper knowing it to contain any false or fraudulent statements;
(2) makes any oath to any fact or to any writing or other paper knowing the oath to be false; or
(3) forges or counterfeits any signature upon any writing or other paper or uses any such signature knowing it to be forged or counterfeited;
(c) who, having charge, possession, custody or control of any money, or other property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, knowingly delivers to any person having authority to receive it, any amount thereof less than that for which the person receives a certificate or receipt; or
(d) who, being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state.
History: L. 1972, ch. 203, § 48-3041; L. 2024, ch. 78, § 109; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person wrongfully takes, obtains or withholds, by any means, from the possession of the owner or of any other person any money, personal property or article of value of any kind with intent to:
(a) Permanently deprive or defraud another person of the use and benefit of property or to appropriate it to such person's own use or the use of any person other than the owner, steals that property and is guilty of larceny; or
(b) temporarily deprive or defraud another person of the use and benefit of property or to appropriate it to such person's own use or the use of any person other than the owner, is guilty of wrongful appropriation.
History: L. 1972, ch. 203, § 48-3042; L. 2024, ch. 78, § 110; July 1.
Any commissioned officer or cadet who is convicted of conduct unbecoming of an officer shall be punished as a commanding officer may direct.
History: L. 1972, ch. 203, § 48-3043; L. 2024, ch. 78, § 111; July 1.
(a) Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces of which persons subject to this code may be guilty shall be taken cognizance of by a commanding officer according to the nature and degree of the offense and shall be punished at the discretion of such commanding officer.
(b) However, cognizance may not be taken of, and jurisdiction may not be extended to, the crimes of murder, manslaughter, rape, robbery, maiming, sodomy, arson, assault, not including simple assault, burglary or housebreaking, jurisdiction of which is reserved to civil courts.
History: L. 1972, ch. 203, § 48-3044; L. 1988, ch. 191, § 59; L. 2024, ch. 78, § 112; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person is:
(1) In a training leadership position with respect to a specially protected junior member of the armed forces; and
(2) engages in prohibited sexual activity with such specially protected junior member of the armed forces.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if they are:
(1) A military recruiter and engage in prohibited sexual activity with an applicant for military service;
(2) a military recruiter and engage in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program; or
(3) a military cadre and engages in prohibited sexual activity with a specially protected junior member of the armed forces who is enlisted under a delayed entry program.
(c) Consent is not a defense for any conduct listed in this section.
(d) As used in this section:
(1) "Applicant for military service" means a person who, under regulations prescribed by the secretary of the military department concerned, is an applicant for original enlistment or appointment in the United States armed forces or state military forces.
(2) "Military recruiter" means a person who, under regulations prescribed by the secretary of the military department concerned, has the primary duty to recruit persons for military service.
(3) "Prohibited sexual activity" means, as specified in military regulations, inappropriate physical intimacy under circumstances described in such regulations.
(4) "Specially protected junior member of the armed forces" means:
(A) A member of the armed forces or state military forces who is assigned to, or is awaiting assignment to, basic training or other initial active duty for training, including a member who is enlisted under a delayed entry program;
(B) a member of the armed forces or state military forces who is a cadet, midshipmen, an officer candidate or a student in any other officer qualification program; and
(C) a member of the armed forces or state military forces in any program that, by regulation prescribed by the secretary of the military department concerned, is identified as a training program for initial career qualification.
(5) "Training leadership position" means any person subject to this code that is assigned or attached to a unit whose primary purpose is the recruitment of members into the United States armed forces or state military forces or who serve as faculty, staff, drill instructor or in other leadership position in:
(A) A basic training program;
(B) a training program for entry into the United States armed forces or state military forces;
(C) a reserve officers' training unit;
(D) an officers' candidate school; or
(E) any program that is identified as a training program or initial career qualification.
History: L. 2024, ch. 78, § 6; July 1.
Any person subject to this code shall be guilty of the offense of sexual harassment and shall be punished at the direction of a commanding officer if such person's conduct meets the following elements:
(a) Such person made sexual advances, demands or requests for sexual favors or knowingly engaged in other conduct of a sexual nature;
(b) such conduct was unwelcome; and
(c) under the circumstances, such conduct:
(1) Would cause a reasonable person to believe, and such person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person's job, pay, career, benefits or entitlements;
(2) would cause a reasonable person to believe, and such person did believe, that submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting such person's job, pay, career, benefits or entitlements; or
(3) was so severe, repetitive or pervasive that a reasonable person would perceive, and such person did perceive, an intimidating, hostile or offensive work environment.
History: L. 2024, ch. 78, § 7; July 1.
(a) Any sentinel or lookout who is drunk, sleeps or leaves while on post before being regularly relieved shall be punished at the direction of a commanding officer.
(b) Any sentinel or lookout who loiters or wrongfully sits down on post shall be punished at the direction of a commanding officer.
History: L. 2024, ch. 78, § 8; July 1.
(a) Any person subject to this code who, knowing that another person is a sentinel or lookout, uses wrongful and disrespectful language that is directed toward and within the hearing of the sentinel or lookout, who is in execution of duties as a sentinel or lookout, shall be punished at the direction of a commanding officer.
(b) Any person subject to this code who, knowing that another person is a sentinel or lookout, behaves in a wrongful and disrespectful manner that is directed toward and within the sight of the sentinel or lookout, who is in execution of duties as a sentinel or lookout, shall be punished at the direction of a commanding officer.
History: L. 2024, ch. 78, § 9; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person willfully:
(a) Alters, conceals, removes, mutilates, obliterates or destroys a public record; or
(b) takes a public record with the intent to alter, conceal, remove, mutilate, obliterate or destroy such public record.
History: L. 2024, ch. 78, § 10; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person intentionally:
(a) Falsely makes or alters any signature or any part of any writing that would, if genuine, impose a legal liability on another or change their legal rights or liability; or
(b) utters, offers, issues or transfers such writing, known by the person to be so made or altered.
History: L. 2024, ch. 78, § 11; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person willfully impersonates:
(1) An officer, noncommissioned officer or petty officer;
(2) an agent of superior authority of one of the armed forces or state military forces; or
(3) a government official.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if such person, with intent to defraud, impersonates any person referred to in subsection (a).
(c) Any person subject to this code shall be punished at the direction of a commanding officer if such person, without intent to defraud, impersonates a government official by committing an act that exercises or asserts the authority of the office of the official being impersonated.
History: L. 2024, ch. 78, § 12; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(a) Is not authorized to wear an insignia, decoration, badge, ribbon, device or lapel button; and
(b) wrongfully wears such insignia, decoration, badge, ribbon, device or lapel button upon the person's uniforms or civilian clothing.
History: L. 2024, ch. 78, § 13; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person wrongfully takes any mail before such mail is delivered to or received by the addressee, with the intent to obstruct the correspondence, or to pry into the business secrets of any person or organization.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if they wrongfully open, destroy or steal mail before such mail is delivered to or received by the addressee.
History: L. 2024, ch. 78, § 14; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(1) Is the driver of a vehicle that is involved in an accident that results in a personal injury or property damage; and
(2) wrongfully leaves the scene of the accident without providing:
(A) Assistance to an injured person; or
(B) personal identification to others involved in the accident or to appropriate authorities.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(1) Is a passenger in a vehicle that is involved in an accident that results in personal injury or property damage;
(2) is the superior commissioned or noncommissioned officer of the driver or commander of the vehicle; and
(3) wrongfully and unlawfully orders, causes or permits the driver to leave the scene of the accident without providing:
(A) Assistance to an injured person; or
(B) personal identification to others involved in the accident or to appropriate authorities.
History: L. 2024, ch. 78, § 15; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person willfully and wrongfully:
(a) Discharges or brandishes a firearm under any circumstances that endanger a human life; or
(b) causes a reasonable person to be apprehensive of the potential endangerment of human life.
History: L. 2024, ch. 78, § 16; July 1.
(a) Any person subject to this code shall be guilty of simple assault and shall be punished at the direction of a commanding officer if such person:
(1) Attempts to do bodily harm to another person;
(2) offers to do bodily harm to another person; or
(3) does bodily harm to another person.
(b) As used in this section, "another person" means a member, cadet, trainee or recruit of the state military forces, the United States armed forces or the state military forces of another state.
History: L. 2024, ch. 78, § 17; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person commits a violent offense against a spouse, intimate partner or immediate family member of such person.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if such person, with the intent to threaten or intimidate a spouse, intimate partner or immediate family member of such person, commits an offense under this code against:
(1) Any person; or
(2) any property, including animals.
(c) Any person subject to this code shall be punished at the direction of a commanding officer if such person, with the intent to threaten or intimidate a spouse, intimate partner or immediate family member of such person, violates a protection order.
(d) Any person subject to this code shall be punished at the direction of a commanding officer if such person, with the intent to commit a violent offense against a spouse, intimate partner or immediate family member of such person, violates a protection order.
History: L. 2024, ch. 78, § 18; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person communicates a threat to injure the person, property or reputation of another.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if such person communicates a threat to injure the person or property of another by use of:
(1) An explosive;
(2) a weapon of mass destruction;
(3) a biological or chemical agent, substance or weapon; or
(4) a hazardous material.
(c) Any person subject to this code shall be punished at the direction of a commanding officer if such person maliciously communicates a false threat concerning the person or property of another by use of:
(1) An explosive;
(2) a weapon of mass destruction;
(3) a biological or chemical agent, substance or weapon; or
(4) a hazardous material.
(d) As used in this section, "false threat" means a threat that, at the time it is communicated, is known to be untrue by the person communicating the threat.
History: L. 2024, ch. 78, § 19; July 1.
(a) Any person subject to this code is guilty of wrongful distribution of intimate visual images or visual images of sexually explicit conduct and shall be punished at the direction of a commanding officer if such person:
(1) Knowingly and wrongfully broadcasts or distributes an intimate visual image of another person or a visual image of sexually explicit conduct involving a person who:
(A) Is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created;
(B) is identifiable from the intimate visual image or visual image of sexually explicit conduct or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and
(C) does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;
(2) knows or reasonably should have known that the intimate visual image or visual image of sexually explicit conduct was made under circumstances in which the person depicted in the intimate visual image or visual image of sexually explicit conduct retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct;
(3) knows or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct is likely to:
(A) Cause harm, harassment, intimidation, emotional distress or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or
(B) harm substantially the depicted person with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relations; or
(4) engaged in conduct that had a reasonably direct connection to a military mission or military environment.
(b) As used in this section:
(1) "Broadcast" means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
(2) "Distribute" means to deliver to the actual or constructive possession of another person, including transmission by mail or electronic means.
(3) "Intimate visual image" means a visual image that depicts the private area of a person.
(4) "Private area" means the naked or underwear-clad genitalia, anus, buttocks or female areola or nipple.
(5) "Reasonable expectation of privacy" means circumstances in which a reasonable person would believe that a private area of the person, or sexually explicit conduct involving that person, would not be visible to the public.
(6) "Sexually explicit conduct" means actual or simulated genital-to-genital contact, oral-to-genital contact, anal-to-genital contact or oral-to-anal contact, whether between persons of the same or opposite sex, bestiality, masturbation or sadistic or masochistic abuse.
(7) "Visual image" means:
(A) Any developed or undeveloped photograph, picture, film or video;
(B) any digital or computerized image, picture, film or video made by any means, including those transmitted by any means, including streaming media not stored in a permanent format; or
(C) any digital or electronic data capable of conversion into a visual image.
History: L. 2024, ch. 78, § 20; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person engages in conduct intending to influence, impede or otherwise obstruct the due administration of justice.
History: L. 2024, ch. 78, § 22; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(a) Knows another person has committed a serious offense; and
(b) wrongfully conceals the commission of the offense and fails to make the commission of the offense known to civilian or military authorities as soon as possible.
History: L. 2024, ch. 78, § 23; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person, in the presence of a court-martial, a board of officers, a military commission, a court of inquiry, a preliminary hearing or an officer taking a deposition for the state of Kansas or the United States, wrongfully refuses to qualify as a witness or to answer a question after having been directed to do so by the presiding authority.
History: L. 2024, ch. 78, § 24; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person knows that one or more persons authorized to make searches and seizures are seizing, about to seize or are endeavoring to seize property then destroy, remove or otherwise dispose of the property with the intent to prevent the seizure of such property.
History: L. 2024, ch. 78, § 25; July 1.
Any person subject to this code shall be punished at the direction of a commanding officer if such person has reason to believe that an adverse administrative action is pending against any person subject to this code and:
(a) Intentionally acts to influence, impede or obstruct the conduct of the proceeding; or
(b) acts to obstruct the due administration of justice.
History: L. 2024, ch. 78, § 26; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(1) Occupies an official position or has official duties; and
(2) wrongfully asks for, accepts or receives something of value with the intent to have the person's decision or action influenced regarding an official matter in which the state of Kansas or the United States is interested.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(1) Wrongfully promises, offers or gives something of value to a person who occupies an official position or has official duties; and
(2) intends to influence the decisions or actions of the person regarding an official matter in which the state of Kansas or the United States is interested.
History: L. 2024, ch. 78, § 27; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person:
(1) Occupies an official position or has official duties; and
(2) wrongfully asks for, accepts or receives something of value as compensation for or in recognition of services rendered or to be rendered by the person regarding an official matter in which the state of Kansas or the United States is interested.
(b) Any person subject to this code shall be punished at the direction of a commanding officer if such person promises, offers or gives something of value to a person who occupies an official position or who has official duties as compensation for or in recognition of services rendered by such person regarding an official matter in which the state of Kansas or the United States is interested.
History: L. 2024, ch. 78, § 28; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person, with the knowing intent to defraud and obtain money, property, services or something of value, uses:
(1) A stolen credit card, debit card or other access device;
(2) a revoked, canceled or otherwise invalid credit card, debit card or other access device; or
(3) a credit card, debit card or other access device without the authorization of a person whose authorization is required for such use.
(b) As used in this section:
(1) "Access device" means the same as defined in 18 U.S.C. § 1029.
(2) "Credit card" and "debit card" mean cards issued on behalf of the United States government or the state of Kansas or because of the member's service in the state military forces.
History: L. 2024, ch. 78, § 29; July 1.
Any person subject to this code shall be guilty of extortion and be punished at the direction of a commanding officer if such person communicates threats to another person with the intention to obtain something of value or any acquittance, advantage or immunity.
History: L. 2024, ch. 78, § 30; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person, without legal justification or lawful authorization:
(1) Knowingly and wrongfully views the private area of another person without the other person's consent and when that other person has a reasonable expectation of privacy;
(2) knowingly photographs, videotapes, films or records by any means the private area of another person without that other person's consent and when that other person has a reasonable expectation of privacy; or
(3) knowingly broadcasts or distributes any such recording that the person knew or reasonably should have known was made under the circumstances prescribed in paragraphs (1) and (2).
(b) Any person subject to this code shall be punished at the direction of a commanding officer and is guilty of forcible pandering if such person compels another person to engage in an act of prostitution with any person.
(c) Any person subject to this code shall be punished at the direction of a commanding officer and is guilty of indecent exposure if such person intentionally exposes, in an indecent manner, the genitalia, anus, buttocks or female areola or nipple.
(d) In this section:
(1) "Act of prostitution" means a sexual act or sexual contact as defined in UCMJ article 120 and where the person performing the act receives something of value in return.
(2) "Another person" or "other person" means a member of the state military forces, the United States armed forces, the state military forces from another state, a cadet, a candidate, a trainee or a recruit.
(3) "Broadcast" means to electronically transmit a visual image with the intent that it be viewed by a person or persons.
(4) "Distribute" means to deliver to the actual or constructive possession of another, including transmission by electronic means.
(5) "Indecent manner" means conduct that amounts to a form of immorality relating to sexual impurity that is grossly vulgar, obscene and repugnant to common propriety and tends to excite sexual desire or deprave morals with respect to sexual relations.
(6) "Private area" means the naked or underwear-clad genitalia, anus, buttocks or female areola or nipple.
(7) "Reasonable expectation of privacy" means circumstances in which a reasonable person would believe that:
(A) The person could disrobe in privacy without being concerned that an image of a private area of the person is being captured; or
(B) a private area of the person would not be visible to the public.
History: L. 2024, ch. 78, § 31; July 1.
(a) Any person subject to this code shall be punished at the direction of a commanding officer if such person takes or threatens to take an adverse personnel action or withholds or threatens to withhold a favorable personnel action with the intent to:
(1) Retaliate against any person for reporting or planning to report a criminal or military offense;
(2) retaliate against any person making or planning to make a protected communication; or
(3) discourage any person from reporting or planning to report a criminal or military offense.
(b) As used in this section:
(1) "Covered individual or organization" means any recipient of communication specified in 10 U.S.C. § 1034(b)(1)(B)(i) through (v).
(2) "Inspector general" means the same as defined in 10 U.S.C. § 1034(j).
(3) "Protected communication" means:
(A) A lawful communication to a member of congress or an inspector general; or
(B) a communication to a covered individual or organization in which a member of the armed forces or state military forces complains of or discloses information that the member reasonably believes constitutes evidence of the following:
(i) A violation of law or regulation prohibiting sexual harassment or unlawful discrimination; or
(ii) gross mismanagement, a gross waste of funds, an abuse of authority or a substantial and specific danger to public health or safety.
(4) "Unlawful discrimination" means discrimination on the basis of race, color, religion, sex or national origin.
History: L. 2024, ch. 78, § 32; July 1.
(a) Courts of inquiry to investigate any matter may be convened by an officer of a general or flag rank in command, whether or not the persons involved have requested such an inquiry.
(b) A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.
(c) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the division of military affairs, who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses and to introduce evidence.
(d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.
(e) The members, counsel, the reporter and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.
(f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry.
(g) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.
(h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
History: L. 1972, ch. 203, § 48-3101; L. 1988, ch. 191, § 60; L. 2024, ch. 78, § 113; July 1.
(a) The following persons may administer oaths for the purposes of military administration, including military justice, and have the general powers of a notary public in the performance of all notarial acts to be executed by members of the state military wherever they may be, by persons serving with, employed by or accompanying the state military forces outside the state and by other persons subject to this code outside of the state:
(1) All judge advocates;
(2) all adjutants, assistant adjutants, acting adjutants and personnel adjutants;
(3) all commanding officers; and
(4) all other persons designated by regulations of the armed forces of the United States or by statute.
(b) The following persons may administer oaths necessary in the performance of their duties:
(1) The president, legal advisor, recorder and assistant recorder for all administrative proceedings;
(2) the president and the counsel for the court of any court of inquiry;
(3) all officers designated to take a deposition;
(4) all persons detailed to conduct an investigation;
(5) all recruiting officers; and
(6) all other persons designated by regulations of the armed forces of the United States or by statute.
(c) No fee may be paid to or received by any person for the performance of any notarial act authorized in this section.
(d) The signature without seal of any such person, together with the title of the person's office, is prima facie evidence of such person's authority.
History: L. 1972, ch. 203, § 48-3102; L. 1988, ch. 191, § 61; L. 2024, ch. 78, § 114; July 1.
K.S.A. 48-2102, 48-2103, 48-2201 through 48-2208, 48-2301, 48-2503, 48-2505, 48-2702, 48-2801, 48-3001 through 48-3044, and 48-3103 through 48-3105, as well as those required sections of the United States code of military justice, shall be carefully explained to every enlisted member at the time of the member's enlistment or transfer or induction into the state military forces or within 30 days thereafter. Such provisions shall also be explained annually to each unit of the state military forces. A complete text of this code and of the regulations prescribed by the governor thereunder shall be made available to any member of the state military forces, upon the member's request, for such member's personal examination.
History: L. 1972, ch. 203, § 48-3103; L. 2024, ch. 78, § 115; July 1.
(a) Any member of the state military forces who believes such member was wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the first general in the member's chain of command. Such general officer shall investigate the complaint and take proper measures for redressing the wrong. The first general in the member's chain of command shall, as soon as possible, send to the adjutant general a true statement of the complaint with an explanation of the proceedings held thereon.
(b) An alleged wrong is inappropriate for redress under this section when other adequate processes exist to address the wrong alleged in the complaint. An action is an inappropriate matter for resolution when:
(1) Review is provided specifically by the code;
(2) such matter is taken under the recommendation of an administrative board authorized by policy, regulation or instruction at which the complainant was afforded substantially the rights of a respondent; or
(3) service policy, regulation or instruction specifically authorizes an administrative appeal or similar redress for such matter.
History: L. 1972, ch. 203, § 48-3104; L. 2024, ch. 78, § 116; July 1.
(a) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that the person's property has been wrongfully taken by members of the state military forces, the person may, subject to such regulations as the governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by the commanding officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive on any disbursing officer for the payment by such disbursing officers to the injured parties of the damages so assessed and approved.
(b) If the offenders cannot be ascertained, but the organization or detachment to which such offenders belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted as determined by the findings of the board.
History: L. 1972, ch. 203, § 48-3105; L. 2024, ch. 78, § 117; July 1.
History: L. 1972, ch. 203, § 48-3106; L. 1988, ch. 191, § 62; Repealed, L. 2024, ch. 78, § 122; July 1.
History: L. 1972, ch. 203, § 48-3107; L. 1988, ch. 191, § 63; Repealed, L. 2024, ch. 78, § 122; July 1.
(a) Fines imposed through imposition of nonjudicial punishment may be paid to the state and delivered to the imposing officer or to a person executing the process. Fines may be collected in the following manners:
(1) By cash or money order;
(2) by retention of any pay or allowances due or to become due the person fined from any state or the United States;
(3) by garnishment or levy, together with costs, on the wages, goods and chattels of a person delinquent in paying a fine; and
(4) registered and filed as a foreign judgment.
(b) Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund to be available for general governmental expenses. The adjutant general shall remit all fines and penalties so received to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto.
(c) Damages assessed and approved under K.S.A. 48-3105, and amendments thereto, shall be paid promptly to the owner of the injured property and delivered to the commanding officer who convened the investigating board. Damages may be collected in any of the following manners:
(1) By cash or money order;
(2) by retention of any pay or allowances due or to become due to the person fined from any state or the United States; or
(3) by garnishment or levy, together with costs, on the wages, goods and chattels of a person delinquent in paying a fine.
History: L. 1972, ch. 203, § 48-3108; L. 1988, ch. 191, § 64; L. 2001, ch. 5, § 182; L. 2024, ch. 78, § 118; July 1.
All persons acting under the provisions of this code, whether a member of the military or a civilian, shall be immune from any personal liability for any of the acts or omissions that such person did or failed to do as part of such person's duties under this code.
History: L. 1972, ch. 203, § 48-3109; L. 2024, ch. 78, § 119; July 1.
The jurisdiction of the proceedings established by this code shall be presumed and the burden of proof rests on any person seeking to oust those proceedings.
History: L. 1972, ch. 203, § 48-3110; L. 2024, ch. 78, § 120; July 1.
The governor may delegate any authority vested in him or her under this code, and may provide for the subdelegation of any such authority, except the power given him or her by K.S.A. 48-2501.
History: L. 1972, ch. 203, § 48-3111; July 1.
(a) This act shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, to make the law uniform with the law of the United States uniform code of military justice, title 10 of chapter 47 of the United States code. The information accompanying each punitive article of the United States uniform code of military justice shall be used in the defining and charging of any offense and the drafting of any charge and specifications to the extent that the United States code of military justice is consistent with this code.
(b) The decisions of the army court of criminal appeals, air force court of criminal appeals, coast guard court of criminal appeals, navy-marine corps court of criminal appeals and the United States court of appeals for the armed forces shall not be binding on proceedings under this code. Such decisions may be used for guidance in determining the guilt or punishment of any member of the state military forces subject to this code.
History: L. 1972, ch. 203, § 48-3112; L. 1988, ch. 191, § 65; L. 2024, ch. 78, § 121; July 1.
This act shall be known and may be cited as the Kansas code of military justice.
History: L. 1972, ch. 203, § 48-3113; July 1.
History: L. 1988, ch. 191, § 66; Repealed, L. 2024, ch. 78, § 122; July 1.
Army regulation 27-10, military justice, air force instruction 51-201, administration of military justice, and air force instruction 51-202, nonjudicial punishment, may be used to effectuate the purpose and provisions of this code to the extent they are consistent with this code.
History: L. 2024, ch. 78, § 33; July 1.
Nothing in this code precludes administrative action against a person subject to this code for an offense, military or non-military, as allowed by law or regulation.
History: L. 2024, ch. 78, § 34; July 1.
The provisions of this code are severable. If any portion of the code is declared unconstitutional or invalid, or the application of any portion of the code to any person or circumstance is held unconstitutional or invalid, the invalidity shall not affect other portions of the code that can be given effect without the invalid portion or application, and the applicability of such other portions of the code to any person or circumstance shall remain valid and enforceable.
History: L. 2024, ch. 78, § 35; July 1.
The interstate civil defense and disaster compact may be entered into in accordance with the provisions of K.S.A. 48-3202 with all other states legally joining therein in the form substantially as follows:
INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT
The contracting states solemnly agree:
Article I.
The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster from enemy attack or other cause (natural or otherwise) including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical and bacteriological means, and other weapons. The prompt, full and effective utilization of the resources of the respective states, including such resources as may be available from the United States government or any other source, are essential to the safety, care and welfare of the people thereof in the event of enemy action or other emergency, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed among the civil defense agencies or similar bodies of the states that are parties hereto. The directors of civil defense of all party states shall constitute a committee to formulate plans to take all necessary steps for the implementation of this compact.
Article II.
It shall be the duty of each party state to formulate civil defense plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the United States government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs the party states shall so far as possible provide and follow uniform standards, practices and rules and regulations including:
(a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services;
(b) Blackouts and practice blackouts, air-raid drills, mobilization of civil defense forces and other tests and exercises;
(c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;
(d) The effective screening or extinguishing of all lights and lighting devices and appliances;
(e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
(f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state;
(g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or attacks;
(h) The safety of public meetings or gatherings; and
(i) Mobile support units.
Article III.
Any party state requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof: Provided, That it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the civil defense forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, privileges and immunities as if they were performing their duties in the state in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the state receiving assistance.
Article IV.
Whenever any person holds a license, certificate or other permit issued by any state evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving such skill in any party state to meet an emergency or disaster and such state shall give due recognition to such license, certificate or other permit as if issued in the state in which aid is rendered.
Article V.
No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
Article VI.
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that appropriate among other states party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or states. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies.
Article VII.
Each party state shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that state and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.
Article VIII.
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests: Provided, That any aiding party state may assume in whole or in part such loss, damage, expense or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost: And provided further, That any two or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The United States government may relieve the party state receiving aid from any liability and reimburse the party state supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the state and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed.
Article IX.
Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out from time to time between representatives of the party states and the various local civil defense areas thereof. Such plans shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of such evacuees to other areas or the bringing in of additional materials and supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed by the party state of which the evacuees are residents, or by the United States government under plans approved by it. After the termination of the emergency or disaster the party state of which the evacuees are resident shall assume the responsibility for the ultimate support or repatriation of such evacuees.
Article X.
This compact shall be available to any state, territory or possession of the United States, and the District of Columbia. The term "state" may also include any neighboring foreign country or province or state thereof.
Article XI.
The committee established pursuant to article I of this compact may request the civil defense agency of the United States government to act as an informational and coordinating body under this compact, and representatives of such agency of the United States government may attend meetings of such committee.
Article XII.
This compact shall become operative immediately upon its ratification by any state as between it and any other state or states so ratifying and shall be subject to approval by congress unless prior congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and the civil defense agency and other appropriate agencies of the United States government.
Article XIII.
This compact shall continue in force and remain binding on each party state until the legislature or the governor of such party state takes action to withdraw therefrom. Such action shall not be effective until thirty (30) days after notice thereof has been sent by the governor of the party state desiring to withdraw to the governors of all other party states.
Article XIV.
This compact shall be construed to effectuate the purposes stated in article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.
Article XV.
(a) This article shall be in effect only as among those states which have enacted it into law or in which the governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this compact. Nothing contained in this article or in any supplementary agreement made in implementation thereof shall be construed to abridge, impair or supersede any other provision of this compact or any obligation undertaken by a state pursuant thereto, except that if its terms so provide, a supplementary agreement in implementation of this article may modify, expand or add to any such obligation as among the parties to the supplementary agreement.
(b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures thereof shall apply to: (1) Searches for and rescue of persons who are lost, marooned, or otherwise in danger;
(2) action useful in coping with disasters arising from any cause or designed to increase capability to cope with any such disasters;
(3) incidents which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger;
(4) the giving and receiving of aid by subdivisions of party states; and
(5) exercises, drills or other training or practice activities designed to prepare personnel to cope with any disaster or other emergency to which this compact applies.
(c) Except as expressly limited by this compact or a supplementary agreement in force pursuant thereto, any aid authorized by this compact or such supplementary agreement may be furnished by any agency of a party state, a subdivision of such state, or by a joint agency of any two or more party states or of their subdivisions. Any joint agency providing such aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a state. The personnel of such a joint agency, when rendering aid pursuant to this compact shall have the same rights, authority and immunity as personnel of party states.
(d) Nothing in this article shall be construed to exclude from the coverage of articles I-XIV of this compact any matter which, in the absence of this article, could reasonably be construed to be covered thereby.
History: L. 1975, ch. 282, § 1; July 1.
The governor is hereby authorized to enter into the interstate civil defense and disaster compact on behalf of the state of Kansas with one or more of the states which have legally joined said compact or which are authorized to join said compact, by entering into a written agreement therefor with the governor of each such state. Such written agreement may specify the period of time that said compact is entered into with regard to each such state.
History: L. 1975, ch. 282, § 2; July 1.
(a) There is hereby established a Kansas department of civil air patrol which shall consist of volunteer members who are volunteer civilian members of the Kansas wing of the federally chartered civil air patrol.
(b) The commanding officer of the Kansas wing of the federally chartered civil air patrol shall be the head of the Kansas department of civil air patrol. In the event of a vacancy in the office of commanding officer or in the event the commanding officer shall decline or is unable to serve as head of the department, the Kansas wing shall designate another officer thereof to be the acting head of the department. Any such acting head of the department shall serve during any interim in which the office of commanding officer remains vacant or in which the declination or inability of the commanding officer to serve remains in effect and any such acting head shall have and exercise all of the rights, powers and authority and shall perform all of the functions and duties of the head of the department.
History: L. 1988, ch. 167, § 1; July 1.
(a) The Kansas department of civil air patrol is hereby authorized to cooperate with any agency, authority, department or political subdivision of the state of Kansas, upon request thereby, in the provision of cadet training, communications, disaster relief, and search and rescue missions or assistance, or in the performance of other related functions which are within the scope of activity of the federally chartered civil air patrol.
(b) The head of the department may enter into agreements with any agency, authority, department or political subdivision of the state for the performance, in cooperation therewith, of any of the functions specified in subsection (a) and may accept from any such agency, authority, department or political subdivision payments of moneys to defray all or a part of the expenses incurred by the department in connection with the performance of such functions. Every agency, authority, department and political subdivision of the state is hereby authorized to enter into agreements with the department for the performance of such functions and to make payments of moneys pursuant to such agreements.
(c) The head of the department shall remit all moneys received by or for the department under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas department of civil air patrol grants and contributions fund, which fund is hereby created.
History: L. 1988, ch. 167, § 2; L. 2001, ch. 5, § 183; July 1.
(a) The Kansas department of civil air patrol may expend moneys appropriated from the state general fund for the department to purchase and maintain communications systems, to pay the maintenance and insurance costs of aircraft and vehicles owned by the department, to pay necessary operations and administrative expenses incurred in support of the functions specified in K.S.A. 48-3302, and amendments thereto, and to pay salaries of necessary secretarial or administrative support personnel, in accordance with appropriation acts. For the purpose of preparation of the governor's budget report, personnel actions and other actions in the state administrative process, the Kansas department of civil air patrol shall be considered part of the adjutant general's office. Vehicles of the civil air patrol shall be considered federal assets.
(b) Moneys appropriated from the state general fund to the adjutant general's office for the civil air patrol shall be appropriated as a separate line item and shall not be merged with other items of appropriation for the adjutant general. Such moneys shall not be expended to procure or replace equipment which is otherwise obtainable through grants or contributions from any other source nor shall moneys appropriated from the state general fund to the adjutant general's office for the civil air patrol be expended for uniforms or personal equipment of any volunteer member of the department, or for the purchase of aircraft or motor vehicles, or for payment of any salaries other than salaries of necessary secretarial or administrative support personnel.
(c) The head of the department for and on behalf of the department may request of and accept from individuals, the United States government or any of its departments or agencies or any other public or private body, grants or contributions of moneys or property which the head of the department may authorize to be used for or in aid of any of the purposes of this act. All moneys received by the department pursuant to this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the civil air patrol grants and contributions fund.
(d) All expenditures of moneys from the civil air patrol grants and contribution fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the head of the department.
History: L. 1988, ch. 167, § 3; L. 1991, ch. 154, § 1; L. 1996, ch. 33, § 1; L. 2001, ch. 5, § 184; July 1.
Nothing in this act shall operate or be construed in any manner so as to change or affect the operation of the Kansas wing of the federally chartered civil air patrol or to change or affect any existing rights, powers, duties or functions thereof or to prohibit or limit cooperation thereby with the United States government or with any agency, authority or department thereof.
History: L. 1988, ch. 167, § 4; July 1.
As used in K.S.A. 48-3401 through 48-3405, and amendments thereto:
(a) "Active service" means service on active duty performed by a licensee who is a member of the army, navy, marine corps, air force, space force, air or army national guard of any of the several states and territories, Puerto Rico and the District of Columbia, coast guard or any component of the military reserves of the United States.
(b) "License" means any permit, certificate, authority, privilege or registration whether temporary or permanent issued, granted or made by the state of Kansas or any officer, board, department or commission or agency thereof authorizing a person to engage in or practice an occupation or profession in this state.
(c) "Licensee" means a person who had, at the time of commencing a period of military service, a valid, existing license to engage in or practice an occupation or profession in this state. "Licensee" also means a person who, while performing active service, obtains a valid license to engage in or practice an occupation or profession in this state.
History: L. 1991, ch. 282, § 1; L. 2024, ch. 84, § 13; July 1.
(a) The license of a licensee shall continue to be valid while the licensee is in the military service and for six months following release therefrom. No licensee shall be required to pay a renewal fee, submit a renewal application, obtain continuing education or meet other conditions to maintain a license while such licensee is in the military service. No license of any licensee shall expire, lapse or be canceled, revoked or suspended because of the failure to timely renew such license, including the failure to meet any conditions prerequisite to renewal, during the period of military service.
(b) The provisions of this section are subject to the provisions of K.S.A. 48-3403. To the extent that the provisions of any other law conflict with this section, this section shall control.
History: L. 1991, ch. 282, § 2; May 2.
(a) A licensee who desires to engage in or practice an occupation or profession in this state after release from military service shall submit, within six months after such release, but not later than two weeks after engaging in or practicing such occupation or profession in this state after such release, the renewal fee required by law for the current license period with a completed renewal application, and thereupon, the licensee shall be deemed to have complied with all requirements of law relating to payment of licensure renewal fees. A licensee who submits the renewal fee and completed renewal application in accordance with this section shall not be charged any late payment fees or penalties. The license of a licensee who fails to renew the license pursuant to this section may be canceled, revoked or suspended in accordance with the applicable law.
(b) A licensee who is required by law to obtain continuing education as a condition prerequisite to renewal of a license shall be exempt from such continuing education requirement until completion of the next full licensure period so long as the licensee submits the renewal fee and completed renewal application in accordance with subsection (a).
History: L. 1991, ch. 282, § 3; L. 2005, ch. 117, § 3; April 21.
(a) The provisions of K.S.A. 48-3401 through 48-3405 shall not apply to licensees who during the period of military service engage in or practice an occupation or profession in this state outside of the line of duty in the military service.
(b) If the license of any licensee has expired, lapsed or been suspended or revoked prior to the effective date of this act solely because of the failure of such licensee to comply with conditions for renewal while the licensee was in the military service, such expiration, cancellation, suspension or revocation is hereby set aside and canceled.
(c) Any licensee held in default, pursuant to K.S.A. 77-520 and amendments thereto, in any disciplinary action commenced by the licensing agency, may file a written motion before the agency within six months of release from active duty, requesting that such default be set aside. Such motion shall be granted if the agency finds that military service prevented the licensee's appearance or participation in the disciplinary proceeding.
History: L. 1991, ch. 282, § 4; May 2.
No license shall be revoked, suspended or canceled by any licensing board or agency for failure to maintain professional liability insurance or for failure to pay the surcharge to the health care stabilization fund, as required by the health care provider insurance availability act, if such lapse in coverage occurred during the period of military service.
History: L. 1991, ch. 282, § 5; May 2.
(a) For the purposes of this section:
(1) "Applicant" means an individual who is:
(A) A military spouse or military servicemember who resides or plans to reside in this state due to the assigned military station of the individual or the individual's spouse; or
(B) an individual who has established or intends to establish residency in this state.
(2) "Complete application" means the licensing body has received all forms, fees, documentation, a signed affidavit stating that the application information, including necessary prior employment history, is true and accurate and any other information required or requested by the licensing body for the purpose of evaluating the application, consistent with this section and the rules and regulations adopted by the licensing body pursuant to this section. If the licensing body has received all such forms, fees, documentation and any other information required or requested by the licensing body, an application shall be deemed to be a complete application even if the licensing body has not yet received a criminal background report from the Kansas bureau of investigation. An application by a military spouse of an active military servicemember shall be considered a "complete application" without the submission of fees, pursuant to subsection (u).
(3) "Electronic credential" or "electronic certification, license or registration" means an electronic method by which a person may display or transmit to another person information that verifies the status of a person's certification, licensure, registration or permit as authorized by a licensing body and is equivalent to a paper-based certification, license, registration or permit.
(4) "Licensing body" means an official, agency, board or other entity of the state that authorizes individuals to practice a profession in this state and issues a license, registration, certificate, permit or other authorization to an individual so authorized.
(5) "Military servicemember" means a current member of any branch of the United States armed services, United States military reserves or national guard of any state or a former member with an honorable discharge.
(6) "Military spouse" means the spouse of a military servicemember.
(7) "Person" means a natural person.
(8) "Private certification" means a voluntary program in which a private organization grants nontransferable recognition to an individual who meets personal qualifications and standards relevant to performing the occupation as determined by the private organization.
(9) "Scope of practice" means the procedures, actions, processes and work that a person may perform under a government issued license, registration or certification.
(10) "Verification system" means an electronic method by which the authenticity and validity of electronic credentials are verified.
(b) Notwithstanding any other provision of law, any licensing body shall, upon submission of a complete application, issue a paper-based and verified electronic license, registration or certification to an applicant as provided by this section, so that the applicant may lawfully practice the person's occupation. Any licensing body may satisfy any requirement under this section to provide a paper-based license, registration, certification or permit in addition to an electronic license, registration, certification or permit by issuing such electronic credential to the applicant in a format that permits the applicant to print a paper copy of such electronic credential. Such paper copy shall be considered a valid license, registration, certification or permit for all purposes.
(c) An applicant who holds a valid current license, registration or certification in another state, district or territory of the United States shall receive a paper-based and verified electronic license, registration or certification:
(1) If the applicant qualifies under the applicable Kansas licensure, registration or certification by endorsement, reinstatement or reciprocity statutes, then pursuant to applicable licensure, registration or certification by endorsement, reinstatement or reciprocity statutes of the licensing body of this state for the license, registration or certification within 15 days from the date a complete application was submitted if the applicant is a military servicemember or military spouse or within 45 days from the date a complete application was submitted for all other applicants; or
(2) if the applicant does not qualify under the applicable licensure, registration or certification by endorsement, reinstatement or reciprocity statutes of the licensing body of this state, or if the Kansas professional practice act does not have licensure, registration or certification by endorsement, reinstatement or reciprocity statutes, then the applicant shall receive a license, registration or certification as provided herein if, at the time of application, the applicant:
(A) Holds a valid current license, registration or certification in another state, district or territory of the United States with licensure, registration or certification requirements that the licensing body determines authorize a similar scope of practice as those established by the licensing body of this state, or holds a certification issued by another state for practicing the occupation but this state requires an occupational license, and the licensing body of this state determines that the certification requirements certify a similar scope of practice as the licensing requirements established by the licensing body of this state;
(B) has worked for at least one year in the occupation for which the license, certification or registration is sought;
(C) has not committed an act in any jurisdiction that would have constituted grounds for the limitation, suspension or revocation of the license, certificate or registration, or that the applicant has never been censured or had other disciplinary action taken or had an application for licensure, registration or certification denied or refused to practice an occupation for which the applicant seeks licensure, registration or certification;
(D) has not been disciplined by a licensing, registering, certifying or other credentialing entity in another jurisdiction and is not the subject of an unresolved complaint, review procedure or disciplinary proceeding conducted by a licensing, registering, certifying or other credentialing entity in another jurisdiction nor has surrendered their membership on any professional staff in any professional association or society or faculty for another state or jurisdiction while under investigation or to avoid adverse action for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action in a Kansas practice act;
(E) does not have a disqualifying criminal record as determined by the licensing body of this state under Kansas law;
(F) provides proof of solvency, financial standing, bonding or insurance if required by the licensing body of this state, but only to the same extent as required of any applicant with similar credentials or experience;
(G) pays any fees required by the licensing body of this state; and
(H) submits with the application a signed affidavit stating that the application information, including necessary prior employment history, is true and accurate.
Upon receiving a complete application and the provisions of subsection (c)(2) apply and have been met by the applicant, the licensing body shall issue the license, registration or certification within 15 days from the date a complete application was submitted by a military servicemember or military spouse, or within 45 days from the date a complete application was submitted by an applicant who is not a military servicemember or military spouse, to the applicant on a probationary basis, but may revoke the license, registration or certification at any time if the information provided in the application is found to be false. The probationary period shall not exceed six months. Upon completion of the probationary period, the license, certification or registration shall become a non-probationary license, certification or registration.
(d) Any applicant who has not been in the active practice of the occupation during the two years preceding the application for which the applicant seeks a license, registration or certification under subsection (c)(2) may be required to complete such additional testing, training, monitoring or continuing education as the Kansas licensing body may deem necessary to establish the applicant's present ability to practice in a manner that protects the health and safety of the public, as provided by subsection (j).
(e) Upon submission of a complete application, an applicant may receive an occupational license, registration or certification based on the applicant's work experience in another state, if the applicant:
(1) Worked in a state that does not use an occupational license, registration, certification or private certification to regulate an occupation, but this state uses an occupational license, registration or certification to regulate the occupation;
(2) worked for at least three years in the occupation during the four years immediately preceding the application; and
(3) satisfies the requirements of subsection (c)(2)(C) through (H).
(f) Upon submission of a complete application, an applicant may receive an occupational license, registration or certification under subsection (b) based on the applicant's holding of a private certification and work experience in another state, if the applicant:
(1) Holds a private certification and worked in a state that does not use an occupational license or government certification to regulate an occupation, but this state uses an occupational license or government certification to regulate the occupation;
(2) worked for at least two years in the occupation;
(3) holds a current and valid private certification in the occupation;
(4) is held in good standing by the organization that issued the private certification; and
(5) satisfies the requirements of subsection (c)(2)(C) through (H).
(g) An applicant licensed, registered or certified under this section shall be entitled to the same rights and subject to the same obligations as are provided by the licensing body for Kansas residents, except that revocation or suspension of an applicant's license, registration or certificate in the applicant's state of residence or any jurisdiction in which the applicant held a license, registration or certificate shall automatically cause the same revocation or suspension of such applicant's license, registration or certificate in Kansas. No hearing shall be granted to an applicant where such applicant's license, registration or certificate is subject to such automatic revocation or suspension, except for the purpose of establishing the fact of revocation or suspension of the applicant's license, registration or certificate by the applicant's state of residence or jurisdiction in which the applicant held a license, registration or certificate.
(h) In the event the licensing body determines that the license, registration or certificate currently held by an applicant under subsection (c)(2) or the work experience or private credential held by an applicant under subsections (e) or (f), who is a military spouse or military servicemember does not authorize a similar scope of practice as the license, registration or certification issued by the licensing body of this state, the licensing body shall issue a temporary permit for a limited period of time to allow the applicant to lawfully practice the applicant's occupation while completing any specific requirements that are required in this state for licensure, registration or certification that were not required in the state, district or territory of the United States in which the applicant was licensed, registered, certified or otherwise credentialed, unless the licensing body finds, based on specific grounds, that issuing a temporary permit would jeopardize the health and safety of the public.
(i) In the event the licensing body determines that the license, registration or certification currently held by an applicant under subsection (c)(2) or the work experience or private credential held by an applicant under subsections (e) or (f), who is not a military spouse or military servicemember, does not authorize a similar scope of practice as the license, registration or certification issued by the licensing body of this state, the licensing body may issue a temporary permit for a limited period of time to allow the applicant to lawfully practice the applicant's occupation while completing any specific requirements that are required in this state for licensure, registration or certification that was not required in the state, district or territory of the United States in which the applicant was licensed, registered, certified or otherwise credentialed, unless the licensing body finds, based on specific grounds, that issuing a temporary permit would jeopardize the health and safety of the public.
(j) Any testing, continuing education or training requirements administered under subsection (d), (h) or (i) shall be limited to Kansas law that regulates the occupation and that are materially different from or additional to the law of another state, or shall be limited to any materially different or additional body of knowledge or skill required for the occupational license, registration or certification in Kansas.
(k) A licensing body may grant licensure, registration, certification or a temporary permit to any person who meets the requirements under this section but was separated from such military service under less than honorable conditions or with a general discharge under honorable conditions.
(l) Nothing in this section shall be construed to apply in conflict with or in a manner inconsistent with federal law or a multistate compact, or a rule or regulation or a reciprocal or other applicable statutory provision that would allow an applicant to receive a license. Nothing in this section shall be construed as prohibiting a licensing body from denying any application for licensure, registration or certification, or declining to grant a temporary or probationary license, if the licensing body determines that granting the application may jeopardize the health and safety of the public.
(m) Nothing in this section shall be construed to be in conflict with any applicable Kansas statute defining the scope of practice of an occupation. The scope of practice as provided by Kansas law shall apply to applicants under this section.
(n) Notwithstanding any other provision of law, during a state of emergency declared by the legislature, a licensing body may grant a temporary emergency license to practice any profession licensed, certified, registered or regulated by the licensing body to an applicant whose qualifications the licensing body determines to be sufficient to protect health and safety of the public and may prohibit any unlicensed person from practicing any profession licensed, certified, registered or regulated by the licensing body.
(o) Licensing bodies shall provide paper-based and verified electronic credentials to persons regulated by the licensing body. A licensing body may prescribe the format or requirements of the electronic credential to be used by the licensing body. Any statutory or regulatory requirement to display, post or produce a credential issued by a licensing body may be satisfied by the proffer of an electronic credential authorized by the licensing body. A licensing body may use a third-party electronic credential system that is not maintained by the licensing body.
(p) Subject to appropriations therefor, the secretary of administration shall develop and implement a uniform or singular license verification portal for the purpose of verifying or reporting license statuses such as credentials issued, renewed, revoked or suspended by licensing bodies or that have expired or otherwise changed in status. The secretary of administration may utilize the services or facilities of a third party for the central electronic record system. The central electronic record system shall comply with the requirements adopted by the information technology executive council pursuant to K.S.A. 75-7203, and amendments thereto. Each licensing body shall be able to integrate with the uniform or singular license verification portal in the manner and format required by the secretary of administration indicating any issuance, renewal, revocation, suspension, expiration or other change in status of an electronic credential that has occurred. No charge for the establishment or maintenance of the uniform or singular license verification portal shall be imposed on any licensing body or any person with a license, registration, certification or permit issued by a licensing body. The centralized electronic credential data management systems shall include an instantaneous verification system that is operated by the licensing body's respective secretary, or the secretary's designee, or the secretary's third-party agent on behalf of the licensing body for the purpose of instantly verifying the authenticity and validity of electronic credentials issued by the licensing body. Centralized electronic credential data management systems shall maintain an auditable record of credentials issued by each licensing body.
(q) Nothing in this section shall be construed as prohibiting or preventing a licensing body from developing, operating, maintaining or using a separate electronic credential system of the licensing body or of a third party in addition to making the reports to the central electronic record system required by subsection (p) or participating in a multistate compact or a reciprocal licensure, registration or certification process as long as the separate electronic credential system of the licensing body integrates with the uniform or singular license verification portal.
(r) Each licensing body shall adopt rules and regulations necessary to implement and carry out this section.
(s) This section shall not apply to the practice of law or the regulation of attorneys pursuant to K.S.A. 7-103, and amendments thereto, or to the certification of law enforcement officers pursuant to the Kansas law enforcement training act, K.S.A. 74-5601 et seq., and amendments thereto.
(t) The state board of healing arts and the state board of technical professions, with respect to an applicant who is seeking a license to practice professional engineering or engage in the practice of engineering, as defined in K.S.A. 74-7003, and amendments thereto, may deny an application for licensure, registration or certification, or decline to grant a temporary or probationary license, if the board determines the applicant's qualifications are not substantially equivalent to those established by the board. Such boards shall not otherwise be exempt from this act.
(u) Notwithstanding any other provision of law to the contrary, applicants who are military spouses of active military service members shall be exempt from all fees assessed by any licensing body to obtain an occupational credential in Kansas and renew such credential including initial or renewal application, licensing, registration, certification, endorsement, reciprocity or permit fees and any criminal background report fees, whether assessed by the licensing body or another agency. Licensing bodies shall adopt rules and regulations to implement this subsection.
(v) This section shall apply to all licensing bodies not excluded under subsection (s), including, but not limited to:
(1) The abstracters' board of examiners;
(2) the board of accountancy;
(3) the board of adult care home administrators;
(4) the secretary for aging and disability services, with respect to K.S.A. 65-5901 et seq. and 65-6503 et seq., and amendments thereto;
(5) the Kansas board of barbering;
(6) the behavioral sciences regulatory board;
(7) the Kansas state board of cosmetology;
(8) the Kansas dental board;
(9) the state board of education;
(10) the Kansas board of examiners in fitting and dispensing of hearing instruments;
(11) the board of examiners in optometry;
(12) the state board of healing arts, as provided by subsection (t);
(13) the department of health and environment, with respect to K.S.A. 82a-1201 et seq., and amendments thereto;
(14) the department of health and environment, with respect to child care facility licensure pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, on or before June 30, 2026;
(15) the Kansas office of early childhood, on and after July 1, 2026;
(16) the commissioner of insurance, with respect to K.S.A. 40-241 and 40-4901 et seq., and amendments thereto;
(17) the state board of mortuary arts;
(18) the board of nursing;
(19) the state board of pharmacy;
(20) the Kansas real estate commission;
(21) the real estate appraisal board;
(22) the state board of technical professions, as provided by subsection (t); and
(23) the state board of veterinary examiners.
(w) All proceedings pursuant to this section shall be conducted in accordance with the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act.
(x) (1) Each licensing body listed in subsection (v)(1) through (22)* shall provide a report for the period of July 1 through June 30 to the director of legislative research by August 31 of each year, providing information requested by the director of legislative research to fulfill the requirements of this subsection. The director of legislative research shall develop the report format, prepare an analysis of the reports and submit and present the analysis to the office of the governor, the house of representatives committee on commerce, labor and economic development or any successor committee thereof, the senate committee on commerce or any successor committee thereof, the house of representatives committee on appropriations or any successor committee thereof and the senate committee on ways and means or any successor committee thereof by January 15 of the succeeding year. The director's report may provide any analysis the director deems useful and shall provide the following items, detailed by applicant type, including military servicemember, military spouse and non-military individual:
(A) The number of applications received under this section;
(B) the number of applications granted under this section;
(C) the number of applications denied under this section;
(D) the average time between receipt of the application and completion of the application;
(E) the average time between receipt of a complete application and issuance of a license, certification or registration; and
(F) identification of applications submitted under this section where the issuance of credentials or another determination by the licensing body was not made within the time limitations pursuant to this section and the reasons for the failure to meet such time limitations.
(2) All information shall be provided by the licensing body to the director of legislative research in a manner that maintains the confidentiality of all applicants and in aggregate form that does not permit identification of individual applicants.
History: L. 2012, ch. 1, § 1; L. 2013, ch. 95, § 2; L. 2015, ch. 76, § 9; L. 2021, ch. 70, § 1; L. 2023, ch. 61, § 2; L. 2024, ch. 9, § 1; L. 2025, ch. 118, § 39; July 1.
(a) For the purposes of this section:
(1) "Applicant" means an individual who is:
(A) A military spouse or military servicemember who resides or plans to reside in this state due to the assigned military station of the individual or the individual's spouse; or
(B) an individual who has established or intends to establish residency in this state.
(2) "Complete application" means the licensing body has received all forms, fees, documentation, a signed affidavit stating that the application information, including necessary prior employment history, is true and accurate and any other information required or requested by the licensing body for the purpose of evaluating the application, consistent with this section and the rules and regulations adopted by the licensing body pursuant to this section. If the licensing body has received all such forms, fees, documentation and any other information required or requested by the licensing body, an application shall be deemed to be a complete application even if the licensing body has not yet received a criminal background report from the Kansas bureau of investigation. An application by a military spouse of a military servicemember shall be considered a "complete application" without the submission of fees, pursuant to the provisions of subsection (u).
(3) "Electronic credential" or "electronic certification, license or registration" means an electronic method by which a person may display or transmit to another person information that verifies the status of a person's certification, licensure, registration or permit as authorized by a licensing body and is equivalent to a paper-based certification, license, registration or permit.
(4) "Licensing body" means an official, agency, board or other entity of the state that authorizes individuals to practice a profession in this state and issues a license, registration, certificate, permit or other authorization to an individual so authorized.
(5) "Military servicemember" means a current member of any branch of the United States armed services, United States military reserves or national guard of any state or a former member with an honorable discharge.
(6) "Military spouse" means the spouse of a military servicemember.
(7) "Person" means a natural person.
(8) "Private certification" means a voluntary program in which a private organization grants nontransferable recognition to an individual who meets personal qualifications and standards relevant to performing the occupation as determined by the private organization.
(9) "Scope of practice" means the procedures, actions, processes and work that a person may perform under a government issued license, registration or certification.
(10) "Verification system" means an electronic method by which the authenticity and validity of electronic credentials are verified.
(b) Notwithstanding any other provision of law, any licensing body shall, upon submission of a complete application, issue a paper-based and verified electronic license, registration or certification to an applicant as provided by this section, so that the applicant may lawfully practice the person's occupation. Any licensing body may satisfy any requirement under this section to provide a paper-based license, registration, certification or permit in addition to an electronic license, registration, certification or permit by issuing such electronic credential to the applicant in a format that permits the applicant to print a paper copy of such electronic credential. Such paper copy shall be considered a valid license, registration, certification or permit for all purposes.
(c) An applicant who holds a valid current license, registration or certification in another state, district or territory of the United States shall receive a paper-based and verified electronic license, registration or certification:
(1) If the applicant qualifies under the applicable Kansas licensure, registration or certification by endorsement, reinstatement or reciprocity statutes, then pursuant to applicable licensure, registration or certification by endorsement, reinstatement or reciprocity statutes of the licensing body of this state for the license, registration or certification within 15 days from the date a complete application was submitted if the applicant is a military servicemember or military spouse or within 45 days from the date a complete application was submitted for all other applicants; or
(2) if the applicant does not qualify under the applicable licensure, registration or certification by endorsement, reinstatement or reciprocity statutes of the licensing body of this state, or if the Kansas professional practice act does not have licensure, registration or certification by endorsement, reinstatement or reciprocity statutes, then the applicant shall receive a license, registration or certification as provided herein if, at the time of application, the applicant:
(A) Holds a valid current license, registration or certification in another state, district or territory of the United States with licensure, registration or certification requirements that the licensing body determines authorize a similar scope of practice as those established by the licensing body of this state, or holds a certification issued by another state for practicing the occupation but this state requires an occupational license, and the licensing body of this state determines that the certification requirements certify a similar scope of practice as the licensing requirements established by the licensing body of this state;
(B) has worked for at least one year in the occupation for which the license, certification or registration is sought;
(C) has not committed an act in any jurisdiction that would have constituted grounds for the limitation, suspension or revocation of the license, certificate or registration, or that the applicant has never been censured or had other disciplinary action taken or had an application for licensure, registration or certification denied or refused to practice an occupation for which the applicant seeks licensure, registration or certification;
(D) has not been disciplined by a licensing, registering, certifying or other credentialing entity in another jurisdiction and is not the subject of an unresolved complaint, review procedure or disciplinary proceeding conducted by a licensing, registering, certifying or other credentialing entity in another jurisdiction nor has surrendered their membership on any professional staff in any professional association or society or faculty for another state or jurisdiction while under investigation or to avoid adverse action for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action in a Kansas practice act;
(E) does not have a disqualifying criminal record as determined by the licensing body of this state under Kansas law;
(F) provides proof of solvency, financial standing, bonding or insurance if required by the licensing body of this state, but only to the same extent as required of any applicant with similar credentials or experience;
(G) pays any fees required by the licensing body of this state; and
(H) submits with the application a signed affidavit stating that the application information, including necessary prior employment history, is true and accurate.
Upon receiving a complete application and the provisions of subsection (c)(2) apply and have been met by the applicant, the licensing body shall issue the license, registration or certification within 15 days from the date a complete application was submitted by a military servicemember or military spouse, or within 45 days from the date a complete application was submitted by an applicant who is not a military servicemember or military spouse, to the applicant on a probationary basis, but may revoke the license, registration or certification at any time if the information provided in the application is found to be false. The probationary period shall not exceed six months. Upon completion of the probationary period, the license, certification or registration shall become a non-probationary license, certification or registration.
(d) Any applicant who has not been in the active practice of the occupation during the two years preceding the application for which the applicant seeks a license, registration or certification under subsection (c)(2) may be required to complete such additional testing, training, monitoring or continuing education as the Kansas licensing body may deem necessary to establish the applicant's present ability to practice in a manner that protects the health and safety of the public, as provided by subsection (j).
(e) Upon submission of a complete application, an applicant may receive an occupational license, registration or certification based on the applicant's work experience in another state, if the applicant:
(1) Worked in a state that does not use an occupational license, registration, certification or private certification to regulate an occupation, but this state uses an occupational license, registration or certification to regulate the occupation;
(2) worked for at least three years in the occupation during the four years immediately preceding the application; and
(3) satisfies the requirements of subsection (c)(2)(C) through (H).
(f) Upon submission of a complete application, an applicant may receive an occupational license, registration or certification under subsection (b) based on the applicant's holding of a private certification and work experience in another state, if the applicant:
(1) Holds a private certification and worked in a state that does not use an occupational license or government certification to regulate an occupation, but this state uses an occupational license or government certification to regulate the occupation;
(2) worked for at least two years in the occupation;
(3) holds a current and valid private certification in the occupation;
(4) is held in good standing by the organization that issued the private certification; and
(5) satisfies the requirements of subsection (c)(2)(C) through (H).
(g) An applicant licensed, registered or certified under this section shall be entitled to the same rights and subject to the same obligations as are provided by the licensing body for Kansas residents, except that revocation or suspension of an applicant's license, registration or certificate in the applicant's state of residence or any jurisdiction in which the applicant held a license, registration or certificate shall automatically cause the same revocation or suspension of such applicant's license, registration or certificate in Kansas. No hearing shall be granted to an applicant where such applicant's license, registration or certificate is subject to such automatic revocation or suspension, except for the purpose of establishing the fact of revocation or suspension of the applicant's license, registration or certificate by the applicant's state of residence or jurisdiction in which the applicant held a license, registration or certificate.
(h) In the event the licensing body determines that the license, registration or certificate currently held by an applicant under subsection (c)(2) or the work experience or private credential held by an applicant under subsections (e) or (f), who is a military spouse or military servicemember does not authorize a similar scope of practice as the license, registration or certification issued by the licensing body of this state, the licensing body shall issue a temporary permit for a limited period of time to allow the applicant to lawfully practice the applicant's occupation while completing any specific requirements that are required in this state for licensure, registration or certification that were not required in the state, district or territory of the United States in which the applicant was licensed, registered, certified or otherwise credentialed, unless the licensing body finds, based on specific grounds, that issuing a temporary permit would jeopardize the health and safety of the public.
(i) In the event the licensing body determines that the license, registration or certification currently held by an applicant under subsection (c)(2) or the work experience or private credential held by an applicant under subsections (e) or (f), who is not a military spouse or military servicemember, does not authorize a similar scope of practice as the license, registration or certification issued by the licensing body of this state, the licensing body may issue a temporary permit for a limited period of time to allow the applicant to lawfully practice the applicant's occupation while completing any specific requirements that are required in this state for licensure, registration or certification that was not required in the state, district or territory of the United States in which the applicant was licensed, registered, certified or otherwise credentialed, unless the licensing body finds, based on specific grounds, that issuing a temporary permit would jeopardize the health and safety of the public.
(j) Any testing, continuing education or training requirements administered under subsection (d), (h) or (i) shall be limited to Kansas law that regulates the occupation and that are materially different from or additional to the law of another state, or shall be limited to any materially different or additional body of knowledge or skill required for the occupational license, registration or certification in Kansas.
(k) A licensing body may grant licensure, registration, certification or a temporary permit to any person who meets the requirements under this section but was separated from such military service under less than honorable conditions or with a general discharge under honorable conditions.
(l) Nothing in this section shall be construed to apply in conflict with or in a manner inconsistent with federal law or a multistate compact, or a rule or regulation or a reciprocal or other applicable statutory provision that would allow an applicant to receive a license. Nothing in this section shall be construed as prohibiting a licensing body from denying any application for licensure, registration or certification, or declining to grant a temporary or probationary license, if the licensing body determines that granting the application may jeopardize the health and safety of the public.
(m) Nothing in this section shall be construed to be in conflict with any applicable Kansas statute defining the scope of practice of an occupation. The scope of practice as provided by Kansas law shall apply to applicants under this section.
(n) Notwithstanding any other provision of law, during a state of emergency declared by the legislature, a licensing body may grant a temporary emergency license to practice any profession licensed, certified, registered or regulated by the licensing body to an applicant whose qualifications the licensing body determines to be sufficient to protect health and safety of the public and may prohibit any unlicensed person from practicing any profession licensed, certified, registered or regulated by the licensing body.
(o) Not later than January 1, 2025, licensing bodies shall provide paper-based and verified electronic credentials to persons regulated by the licensing body. A licensing body may prescribe the format or requirements of the electronic credential to be used by the licensing body. Any statutory or regulatory requirement to display, post or produce a credential issued by a licensing body may be satisfied by the proffer of an electronic credential authorized by the licensing body. A licensing body may use a third-party electronic credential system that is not maintained by the licensing body.
(p) On or before January 1, 2025, and subject to appropriations therefore, the secretary of administration shall develop and implement a uniform or singular license verification portal for the purpose of verifying or reporting license statuses such as credentials issued, renewed, revoked or suspended by licensing bodies or that have expired or otherwise changed in status. The secretary of administration may utilize the services or facilities of a third party for the central electronic record system. The central electronic record system shall comply with the requirements adopted by the information technology executive council pursuant to K.S.A. 75-7203, and amendments thereto. Beginning January 1, 2025, each licensing body shall be able to integrate with the uniform or singular license verification portal in the manner and format required by the secretary of administration indicating any issuance, renewal, revocation, suspension, expiration or other change in status of an electronic credential that has occurred. No charge for the establishment or maintenance of the uniform or singular license verification portal shall be imposed on any licensing body or any person with a license, registration, certification or permit issued by a licensing body. The centralized electronic credential data management systems shall include an instantaneous verification system that is operated by the licensing body's respective secretary, or the secretary's designee, or the secretary's third-party agent on behalf of the licensing body for the purpose of instantly verifying the authenticity and validity of electronic credentials issued by the licensing body. Centralized electronic credential data management systems shall maintain an auditable record of credentials issued by each licensing body.
(q) Nothing in this section shall be construed as prohibiting or preventing a licensing body from developing, operating, maintaining or using a separate electronic credential system of the licensing body or of a third party in addition to making the reports to the central electronic record system required by subsection (p) or participating in a multistate compact or a reciprocal licensure, registration or certification process as long as the separate electronic credential system of the licensing body integrates with the uniform or singular license verification portal.
(r) Each licensing body shall adopt rules and regulations necessary to implement and carry out the provisions of this section.
(s) This section shall not apply to the practice of law or the regulation of attorneys pursuant to K.S.A. 7-103, and amendments thereto, or to the certification of law enforcement officers pursuant to the Kansas law enforcement training act, K.S.A. 74-5601 et seq., and amendments thereto.
(t) The state board of healing arts and the state board of technical professions, with respect to an applicant who is seeking a license to practice professional engineering or engage in the practice of engineering, as defined in K.S.A. 74-7003, and amendments thereto, may deny an application for licensure, registration or certification, or decline to grant a temporary or probationary license, if the board determines the applicant's qualifications are not substantially equivalent to those established by the board. Such boards shall not otherwise be exempt from the provisions of this act.
(u) Notwithstanding any other provision of law to the contrary, applicants who are military spouses of military servicemembers shall be exempt from all fees assessed by any licensing body to obtain an occupational credential in Kansas and renew such credential including initial or renewal application, licensing, registration, certification, endorsement, reciprocity or permit fees and any criminal background report fees, whether assessed by the licensing body or another agency. Licensing bodies shall adopt rules and regulations to implement the provisions of this subsection.
(v) This section shall apply to all licensing bodies not excluded under subsection (s), including, but not limited to:
(1) The abstracters' board of examiners;
(2) the board of accountancy;
(3) the board of adult care home administrators;
(4) the secretary for aging and disability services, with respect to K.S.A. 65-5901 et seq. and 65-6503 et seq., and amendments thereto;
(5) the Kansas board of barbering;
(6) the behavioral sciences regulatory board;
(7) the Kansas state board of cosmetology;
(8) the Kansas dental board;
(9) the state board of education;
(10) the Kansas board of examiners in fitting and dispensing of hearing instruments;
(11) the board of examiners in optometry;
(12) the state board of healing arts, as provided by subsection (t);
(13) the secretary of health and environment, with respect to K.S.A. 82a-1201 et seq., and amendments thereto;
(14) the commissioner of insurance, with respect to K.S.A. 40-241 and 40-4901 et seq., and amendments thereto;
(15) the state board of mortuary arts;
(16) the board of nursing;
(17) the state board of pharmacy;
(18) the Kansas real estate commission;
(19) the real estate appraisal board;
(20) the state board of technical professions, as provided by subsection (t); and
(21) the state board of veterinary examiners.
(w) All proceedings pursuant to this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act.
(x) Commencing on July 1, 2021, and each year thereafter, each licensing body listed in subsection (u)(1) through (21) shall provide a report for the period of July 1 through June 30 to the director of legislative research by August 31 of each year, providing information requested by the director of legislative research to fulfill the requirements of this subsection. The director of legislative research shall develop the report format, prepare an analysis of the reports and submit and present the analysis to the office of the governor, the committee on commerce, labor and economic development of the house of representatives, the committee on commerce of the senate, the committee on appropriations of the house of representatives and the committee on ways and means of the senate by January 15 of the succeeding year. The director's report may provide any analysis the director deems useful and shall provide the following items, detailed by applicant type, including military servicemember, military spouse and non-military individual:
(1) The number of applications received under the provisions of this section;
(2) the number of applications granted under this section;
(3) the number of applications denied under this section;
(4) the average time between receipt of the application and completion of the application;
(5) the average time between receipt of a complete application and issuance of a license, certification or registration; and
(6) identification of applications submitted under this section where the issuance of credentials or another determination by the licensing body was not made within the time limitations pursuant to this section and the reasons for the failure to meet such time limitations.
All information shall be provided by the licensing body to the director of legislative research in a manner that maintains the confidentiality of all applicants and in aggregate form that does not permit identification of individual applicants.
History: L. 2012, ch. 1, § 1; L. 2013, ch. 95, § 2; L. 2015, ch. 76, § 9; L. 2021, ch. 70, § 1; L. 2023, ch. 61, § 2; L. 2024, ch. 9, § 1; L. 2025, ch. 97, § 6; July 1.
(a) As used in this section:
(1) "Applicant" means a person who entered into active service and separated from such active service with an honorable discharge or a general discharge under honorable conditions;
(2) "licensing body" means the same as defined in K.S.A. 74-146, and amendments thereto, except for licensing boards under K.S.A. 65-1116 and 65-6129, and amendments thereto; and
(3) "active service" means service on active duty performed by a member of the army, navy, marine corps, air force, space force, air or army national guard of any of the several states and territories, Puerto Rico and the District of Columbia, coast guard or any component of the military reserves of the United States.
(b) (1) Notwithstanding any other provision of law, upon presentation of a completed application by an applicant with an honorable discharge for certification or licensure, a licensing body shall accept education, training or service completed in active service by the applicant towards any educational requirements for certification or licensure in this state if the applicant demonstrates to the satisfaction of the licensing body that such education, training or service obtained is substantially equivalent to the existing educational requirements of such licensure or certification. No education, training or service shall count towards any examination requirements unless such licensing body has provided a waiver for such requirement. The licensing body may require the applicant to provide documentation of such education, training or service as deemed necessary by the licensing body to determine substantial equivalency.
(2) A licensing board under this section may accept education, training or service completed in active service towards any educational requirements for certification or licensure in this state if an applicant was separated from the armed forces with a general discharge under honorable conditions.
(c) Each licensing body may adopt rules and regulations necessary to implement and carry out the provisions of this section.
(d) This section shall not apply to the practice of law or the regulation of attorneys pursuant to K.S.A. 7-103, and amendments thereto.
History: L. 2013, ch. 95, § 1; L. 2024, ch. 84, § 14; July 1.
(a) As used in this section:
(1) "Accreditation" means the same as defined in K.S.A. 74-32,163, and amendments thereto;
(2) "accredited educational institution" means an educational institution that has achieved and maintained accreditation;
(3) "applicant" means a person who entered into active service and separated from such the armed forces under conditions other than dishonorable;
(4) "community college" means any community college established under the laws of this state;
(5) "distance education course" means a course consisting solely or primarily of instruction provided online or in other computer-assisted formats, or by correspondence, audiotape, videotape or other media;
(6) "educational institution" means any postsecondary educational institution, private postsecondary educational institution and out-of-state postsecondary educational institution;
(7) "institute of technology" or "Washburn institute of technology" means the institute of technology at Washburn university;
(8) "licensing body" means the same as defined in K.S.A. 74-146, and amendments thereto;
(9) "active service" means service on active duty performed by a member of the army, navy, marine corps, air force, space force, air or army national guard of any of the several states and territories, Puerto Rico and the District of Columbia, coast guard or any component of the military reserves of the United States;
(10) "municipal university" means Washburn university of Topeka or any other municipal university established under the laws of this state;
(11) "out-of-state postsecondary educational institution" means the same as defined in K.S.A. 74-32,163, and amendments thereto;
(12) "postsecondary educational institution" means any state educational institution, municipal university, community college, technical college and institute of technology, and includes any entity resulting from the consolidation or affiliation of any two or more of such postsecondary educational institutions;
(13) "private postsecondary educational institution" means the same as defined in K.S.A. 74-32,163, and amendments thereto;
(14) "state educational institution" means the same as defined in K.S.A. 76-711, and amendments thereto; and
(15) "technical college" means any technical college established under the laws of this state.
(b) Notwithstanding any other provision of law, a licensing body may authorize any educational requirements for certification or licensure in this state to be waived if an applicant provides satisfactory evidence of completion of a distance education course. To qualify for such a waiver, the distance education course must be:
(1) Provided by an accredited educational institution; and
(2) substantially equivalent to the educational standards required for certification or licensure in this state.
(c) Each licensing body may adopt rules and regulations necessary to implement and carry out the provisions of this section.
(d) This section shall not apply to the practice of law or the regulation of attorneys pursuant to K.S.A. 7-103, and amendments thereto.
History: L. 2013, ch. 33, § 1; L. 2024, ch. 84, § 15; July 1.
This act shall be known and may be cited as the Kansas national bio and agro defense facility interagency working group act. The purpose of this act is to create an interagency working group to support and assist the United States department of homeland security in the national environmental policy act process to conduct an environmental impact statement on any site in Kansas selected by the department of homeland security for the location of a national bio and agro defense facility and to coordinate efforts among all affected state, county and local agencies to further the state's interest in the siting of a national bio and agro defense facility in Kansas.
History: L. 2007, ch. 6, § 1; February 22.
(a) There is hereby established the Kansas national bio and agro defense facility interagency working group.
(b) The working group shall consist of the following members ex officio: The secretary of health and environment, the secretary of commerce or designee, the secretary of administration or designee, the secretary of agriculture or designee, the animal health commissioner or designee, the secretary of revenue or designee, the attorney general or designee, the state board of regents or designee, the mayor of the city of Manhattan or designee, the chairperson of the Leavenworth county board of commissioners or designee, the adjutant general (the state director of homeland security) or designee and the superintendent of the Kansas highway patrol or designee.
(c) The secretary of health and environment shall serve as chairperson of the working group, and the working group may elect a vice-chairperson from among the members of the working group.
(d) All appointments of designees must be made and submitted to the Kansas bioscience authority no more than 30 days after enactment of this act.
History: L. 2007, ch. 6, § 2; L. 2012, ch. 140, § 109; July 1.
(a) The department of health and environment shall coordinate all acts performed by the members of the working group.
(b) The working group shall:
(1) Establish a support network among the members of the working group to facilitate the efficient and timely completion of all acts to be performed by all affected state and local agencies;
(2) support the governor in the formulation of recommendations regarding the siting of a national bio and agro defense facility in Kansas;
(3) serve as an information resource on the national bio and agro defense facility, including, but not limited to, providing objective, scientific educational material on the national bio and agro defense facility, conducting workshops for state and local agencies, coordinating community outreach meetings, maintaining a website on the national bio and agro defense facility and performing such other tasks as to educate the public about the national bio and agro defense facility;
(4) identify the regulatory responsibilities for all aspects of the siting of a national bio and agro defense facility;
(5) provide guidance to the department of homeland security regarding all state and local permit processes;
(6) coordinate the exchange of information among all federal, state and local agencies affected by the siting of a national bio and agro defense facility in Kansas;
(7) identify available resources that may assist the department of homeland security in the national environmental policy act process; and
(8) facilitate the involvement of all affected state and local agencies in the national environmental policy act process.
History: L. 2007, ch. 6, § 3; February 22.
This legislation shall expire upon completion of the national bio and agro defense facility, or elimination of all potential sites in Kansas from consideration by the department of homeland security for the location of a national bio and agro defense facility.
History: L. 2007, ch. 6, § 4; February 22.
(a) A current member of the armed forces of the United States or the member's spouse or dependent child who is enrolled or has been accepted for admission at a postsecondary educational institution as a postsecondary student shall be deemed to be a resident of the state for the purpose of tuition and fees for attendance at such postsecondary educational institution.
(b) A person is entitled to pay tuition and fees at an institution of higher education at the rates provided for Kansas residents without regard to the length of time the person has resided in the state if the person:
(1) (A) Files a letter of intent to establish residence in the state with the postsecondary educational institution at which the person intends to register;
(B) lives in the state while attending the postsecondary educational institution; and
(C) is eligible for benefits under the federal post-9/11 veterans educational assistance act of 2008, 38 U.S.C. § 3301 et seq., or any other federal law authorizing educational benefits for veterans;
(2) (A) is a veteran;
(B) was stationed in Kansas for at least 11 months during active service in the armed forces or had established residency in Kansas prior to active service in the armed forces; and
(C) lives in Kansas at the time of enrollment; or
(3) (A) is the spouse or dependent of a veteran who was stationed in Kansas for at least 11 months during such veteran's period of active service in the armed forces or had established residency in Kansas prior to active service in the armed forces; and
(B) lives in Kansas at the time of enrollment.
(c) As used in this section:
(1) "Armed forces" means the army, navy, marine corps, air force, space force, coast guard, Kansas army or air national guard or any component of the military reserves of the United States;
(2) "postsecondary educational institution" means the same as defined in K.S.A. 74-3201b, and amendments thereto; and
(3) "veteran" means a person who served in the active military, naval, air or space service, including those groups and individuals listed under 38 C.F.R. § 3.7, and who was discharged or released therefrom under an honorable discharge or a general discharge under honorable conditions.
(d) This section shall be a part of and supplemental to chapter 48 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2015, ch. 76, § 3; L. 2016, ch. 21, § 1; L. 2023, ch. 64, § 11; L. 2024, ch. 84, § 16; L. 2025, ch. 97, § 7; July 1.
(a) The chief law enforcement executive for any law enforcement agency, such executive's designee, the secretary of corrections or the secretary's designee may request assistance from a law enforcement agency or a department of corrections of another jurisdiction, including a jurisdiction located outside the state of Kansas, but within the United States.
(b) If a law enforcement officer makes an arrest or apprehension outside such officer's jurisdiction, the offender shall be delivered to the first available law enforcement officer who is commissioned in the jurisdiction in which the arrest was made. The officer making the initial arrest or apprehension shall assist in the preparation of any affidavits filed with the complaint or based on other evidence that there is probable cause to believe that both a crime has been committed and the defendant has committed such crime.
(c) For the purposes of liability, all members of any political subdivision or public safety agency responding under operational control of the requesting political subdivision or public safety agency are deemed employees of such responding political subdivision or public safety agency and are subject to the liability and workers' compensation provisions provided to them as employees of their respective political subdivision or public safety agency. Qualified immunity, sovereign immunity, official immunity and the public duty rule shall apply to the provisions of this section as interpreted by the federal and state courts of the responding agency. The Kansas tort claims act, K.S.A. 75-6101 et seq., and amendments thereto, and the Kansas workers compensation act, K.S.A. 44-501 et seq., and amendments thereto, shall be interpreted consistent with the provisions of this section.
(d) Nothing in this section shall be construed to limit the actions of law enforcement officers or agencies conducted pursuant to K.S.A. 19-828, and amendments thereto.
(e) The provisions of article 24 of chapter 22 of the Kansas Statutes Annotated, and amendments thereto, and K.S.A. 21-5220 et seq., and amendments thereto, are applicable to any law enforcement officers from jurisdictions located outside the state of Kansas, but within the United States who are acting pursuant to a request made under this section.
(f) For purposes of this section, the term "law enforcement officer" shall have the same meaning as that term is defined by K.S.A. 74-5602, and amendments thereto, or a law enforcement officer who has obtained a similar designation to one described in K.S.A. 74-5602, and amendments thereto, in a jurisdiction outside the state of Kansas, but within the United States.
History: L. 2016, ch. 27, § 1; L. 2017, ch. 79, § 2; July 1.
K.S.A. 48-3701 through 48-3710, and amendments thereto, shall be known and may be cited as the Kansas intelligence fusion center act.
History: L. 2017, ch. 44, § 1; April 20.
There is hereby established the Kansas intelligence fusion center, which shall be constituted and operated as provided by state and federal law. The Kansas intelligence fusion center shall be a collaboration among federal, state, local and tribal agencies, as well as private sector entities, including, but not limited to, those with the primary purposes of homeland security, counter-terrorism, public safety, public protection and critical infrastructure. The Kansas intelligence fusion center shall be housed within a sensitive compartmentalized information facility in order to access classified threat information as permitted by state and federal law.
History: L. 2017, ch. 44, § 2; April 20.
The Kansas intelligence fusion center shall:
(a) Generate intelligence analysis critical for homeland security policy and relevant threat warning in order to protect life, liberty and property in Kansas and the great plains region;
(b) promote and improve intelligence sharing among public safety and public service agencies at the federal, state, local and tribal levels, and with critical infrastructure and key resource entities within the private sector;
(c) receive and integrate intelligence and information related to terrorism and other homeland security threats;
(d) collect, analyze, produce, disseminate and maintain such intelligence and information, as allowed by law, to support local, state, tribal and federal law enforcement agencies, and other governmental agencies and private organizations in: Preventing, preparing for, responding to and recovering from any possible or actual terrorist attack or other homeland security threat;
(e) maximize intelligence and information sharing in accordance with all applicable state and federal laws; and
(f) ensure that appropriate security measures are in place for: (1) The sensitive compartmentalized information facility; (2) data collected or stored at the sensitive compartmentalized information facility; and (3) personnel working at the sensitive compartmentalized information facility.
History: L. 2017, ch. 44, § 3; April 20.
The adjutant general's department shall provide facilities, budget and administrative support for the Kansas intelligence fusion center and its employees and participants. The adjutant general's department shall be the custodian of all records collected and maintained at the Kansas intelligence fusion center and also shall serve as security manager for the Kansas intelligence fusion center.
History: L. 2017, ch. 44, § 4; April 20.
(a) The operations of the Kansas intelligence fusion center shall be overseen by the fusion center oversight board that is hereby established.
(b) The board shall be composed of the following:
(1) The attorney general;
(2) the adjutant general; and
(3) a member appointed by the attorney general with expertise in critical infrastructure protection.
(c) The attorney general shall serve as chairperson of the board and the adjutant general shall serve as vice-chairperson of the board.
(d) Each member of the fusion center oversight board shall have a current, valid federal security clearance at the appropriate level.
(e) The board may adopt policies and procedures for the operation of the Kansas intelligence fusion center.
(f) The board may adopt rules and regulations as may be necessary to carry out the provisions of this act, including rules and regulations concerning the operations of the Kansas intelligence fusion center.
(g) The attorney general's office shall provide administrative support to and be the custodian of the records for the board.
History: L. 2017, ch. 44, § 5; April 20.
Subject to appropriations, the Kansas intelligence fusion center shall have the following employees, all in the unclassified service of the civil service act:
(a) An executive director, who shall be appointed by and serve at the pleasure of the fusion center oversight board. The executive director shall:
(1) Be responsible for all operations of the Kansas intelligence fusion center and shall report to the fusion center oversight board;
(2) be responsible for: (A) Facilitating and implementing applicable federal standards and programs by the Kansas intelligence fusion center; (B) ensuring compliance with all applicable laws and federal requirements; and (C) maintaining proper separation between military and civilian capacities;
(3) provide support, as needed, to the fusion center oversight board meetings; and
(4) other duties and responsibilities as may be assigned by the fusion center oversight board;
(b) a deputy director for law enforcement, who shall be appointed by and serve at the pleasure of the attorney general. The deputy director for law enforcement shall serve as the liaison between the Kansas intelligence fusion center and Kansas law enforcement agencies and organizations and shall strive to provide the appropriate flow of information from each to the other; and
(c) such other employees as may be authorized by the fusion center oversight board to administer properly the provisions of this act.
History: L. 2017, ch. 44, § 6; April 20.
(a) The executive director, with approval of the fusion center oversight board, may enter into agreements with participating agencies or organizations, whether public or private, for their participation in the Kansas intelligence fusion center. Such agreements: (1) Shall define the duties and responsibilities of each participating agency or organization; and (2) may provide for payment by the participating agency or organization of a reasonable share of the cost to establish, maintain and operate the Kansas intelligence fusion center.
(b) (1) The Kansas intelligence fusion center, with approval of the fusion center oversight board, may accept any gift, grant, payment or contribution from any source, public or private, for the purpose of paying the costs to establish, maintain or operate the Kansas intelligence fusion center. Such gift, grant, payment or contribution may be in the form of services, equipment, supplies, materials or funds. All amounts received under this section shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the Kansas intelligence fusion center fund, that is hereby created in the state treasury and shall be administered by the adjutant general.
(2) Moneys in the Kansas intelligence fusion center fund may be used by the adjutant general, with approval or at the direction of the fusion center oversight board, to pay any costs associated with establishing, maintaining or operating the Kansas intelligence fusion center. All expenditures from the Kansas intelligence fusion center fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the adjutant general or the adjutant general's designee. Any gift, grant, payment or contribution in a form other than funds may be accepted by the executive director, with approval of the fusion center oversight board, and utilized and expended in any manner authorized by law to establish, maintain or operate the Kansas intelligence fusion center.
(c) The moneys credited to the fund created in subsection (b) shall be used for the purposes set forth in this section and for no other governmental purposes. It is the intent of the legislature that the moneys deposited in this fund shall remain intact and inviolate for the purposes set forth in this act.
History: L. 2017, ch. 44, § 7; April 20.
The office of the attorney general shall provide legal counsel to the Kansas intelligence fusion center. The attorney general shall assign an attorney to serve as privacy and civil liberties counsel to the Kansas intelligence fusion center. Such attorney shall advise the Kansas intelligence fusion center, executive director, and the fusion center oversight board on all matters necessary to ensure compliance with all applicable federal and state privacy or civil liberties laws and obligations.
History: L. 2017, ch. 44, § 8; April 20.
No classified information shall be accessed or shared with any person or entity that does not meet the criteria of DoDM 5200.01-V1-V3.
History: L. 2017, ch. 44, § 9; April 20.
Private sector entities participating in the Kansas intelligence fusion center shall not be considered governmental entities, nor shall employees or agents of private sector entities assigned to the Kansas intelligence fusion center be considered state employees for the purposes of K.S.A. 75-6101 et seq., and amendments thereto.
History: L. 2017, ch. 44, § 10; April 20.
(a) K.S.A. 48-3801 through 48-3808, and amendments thereto, shall be known and may be cited as the Kansas land and military installation protection act.
(b) The purpose of this act is to protect certain real property and military installations located in this state by prohibiting countries of concern and any agent thereof from acquiring any interest in such real property.
History: L. 2025, ch. 68, § 1; July 1.
As used in K.S.A. 48-3801 through 48-3808, and amendments thereto:
(a) "Attorney general" means the attorney general of the state of Kansas.
(b) "Company" means any:
(1) For-profit corporation, partnership, limited partnership, limited liability partnership, limited liability company, joint venture, trust, association, sole proprietorship or other organization, including any:
(A) Subsidiary of such company, a majority ownership interest of which is held by such company;
(B) parent company that holds a majority ownership interest of such company;
(C) other affiliate or business association of such company whose primary purpose is to make a profit; and
(D) representative agent of such company; or
(2) nonprofit organization.
(c) (1) "Country of concern" means the following:
(A) (i) People's republic of China, including the Hong Kong special administrative region;
(ii) republic of Cuba;
(iii) islamic republic of Iran;
(iv) democratic people's republic of Korea;
(v) Russian federation; and
(vi) Bolivarian republic of Venezuela.
(B) "Country of concern" does not include the republic of China (Taiwan); and
(2) any organization that is designated as a foreign terrorist organization as of July 1, 2025, pursuant to 8 U.S.C. § 1189, as in effect on July 1, 2025, except as otherwise provided by rules and regulations adopted by the fusion center oversight board pursuant to K.S.A. 48-3807, and amendments thereto.
(d) "De minimis interest" means any interest in real property that is:
(1) The result of ownership of registered securities in a publicly traded company; and
(2) such ownership is:
(A) Less than 10% of any class of registered securities or less than 10% of the aggregate registered securities of multiple classes of securities; or
(B) a noncontrolling interest in an entity that is controlled by a company that is registered with the United States securities and exchange commission as an investment adviser under the investment advisers act of 1940, P.L. 117-263 and such company is not domiciled outside of the United States.
(e) "Domicile" means the country where:
(1) A company is organized;
(2) a company completes a substantial portion of its business; or
(3) a majority of a company's ownership interest is held.
(f) "Economic development incentive program" means:
(1) Any economic development incentive program administered wholly or in part by the secretary of commerce;
(2) any tax credit, except for social and domestic tax credits, regardless of the administering state agency;
(3) property that has been exempted from ad valorem taxation under the provisions of section 13 of article 11 of the constitution of the state of Kansas;
(4) property that has been purchased, acquired, constructed, reconstructed, improved, equipped, furnished, repaired, enlarged or remodeled with all or any part of the proceeds of revenue bonds issued under any authority granted in article 17 of chapter 12 of the Kansas Statutes Annotated, and amendments thereto;
(5) any economic development fund, including, but not limited to, the job creation program fund established by K.S.A. 74-50,224, and amendments thereto, and the economic development initiatives fund established by K.S.A. 79-4804, and amendments thereto; and
(6) any other economic development incentive program that provides any form of tax credit, abatement or exemption or financial assistance provided by or authorized by a governmental entity.
(g) "Foreign principal" means:
(1) The government or any official of the government of a country of concern;
(2) any political party, subdivision thereof or any member of a political party of a country of concern;
(3) any corporation, partnership, association, organization or other combination of persons organized under the laws of or having its principal place of business in a country of concern. "Foreign principal" includes any subsidiary owned or wholly controlled by any such entity;
(4) any agent of or any entity otherwise under the control of a country of concern;
(5) any individual who is a citizen or resident of a country of concern and is not a citizen or lawful permanent resident of the United States; or
(6) any individual, entity or combination thereof described in paragraphs (1) through (5) that has a controlling interest in any company formed for the purpose of holding any interest in real property.
(h) "Fusion center oversight board" means the fusion center oversight board established in K.S.A. 48-3705, and amendments thereto.
(i) "Interest in real property" means any:
(1) Ownership interest in any parcel of real property acquired by purchase, gift, grant, devise, bequest or other transfer of such interest;
(2) ownership or other interest in any easement or other right of egress onto or across any parcel of real property;
(3) ownership or other interest in any right to any oil, gas, minerals or water located on or under any parcel of real property; and
(4) any interest or right to possess or use any parcel of real property acquired by the execution of a lease, lease-purchase or any other form of rental agreement.
(j) "Military installation" means any land, buildings or other structures owned or controlled by any division of the United States department of defense, Kansas national guard or any other federal or state agency that is critical to the safety and security of Kansas or the United States.
(k) "Non-notified transaction" means any transaction involving foreign investment in the United States that is not voluntarily submitted to the committee on foreign investment in the United States for review pursuant to 50 U.S.C. § 4565.
(l) "Real property" means any real estate located in this state except residential real property.
(m) "Residential real property" means real property that is used exclusively as a place of residence for human habitation.
(n) "Social and domestic tax credits" means the adoption credit created pursuant to K.S.A. 79-32,202a, and amendments thereto, the earned income tax credit created pursuant to K.S.A. 79-32,205, and amendments thereto, the food sales tax credit created pursuant to K.S.A. 79-32,271, and amendments thereto, the child and dependent care tax credit created pursuant to K.S.A. 79-32,111c, and amendments thereto, and the homestead property tax refund created pursuant to K.S.A. 79-4501 et seq., and amendments thereto.
(o) "State agency" means any department, authority, bureau, division, office or other governmental agency of this state.
(p) "Tax credit" means any credit allowed against the tax imposed by the Kansas income tax act, the premium or privilege fees imposed pursuant to K.S.A. 40-252, and amendments thereto, or the privilege tax as measured by net income of financial institutions imposed pursuant to article 11 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2025, ch. 68, § 2; July 1.
(a) Except as provided in subsections (b) and (f), on and after July 1, 2025, no foreign principal shall directly or indirectly acquire any interest in any real property located within 100 miles of the boundary of any military installation located in this state or any adjacent state, except a de minimis interest in such real property.
(b) A foreign principal that owns real property described in subsection (a) prior to July 1, 2025, and seeks to acquire additional real property described in subsection (a) for the purpose of expansion of operations shall request approval for such acquisition from the governor. The governor shall consult with the attorney general and the fusion center oversight board to determine whether there is any security risk to military installations or critical infrastructure due to the expansion. The governor shall issue approval or denial of such expansion within 90 days of receiving the request.
(c) Any foreign principal that owns any interest in real property as described in subsection (a) or directly or indirectly acquires any interest in real property as described in subsection (a) shall file registration of such interest with the attorney general in such form and manner as prescribed by the attorney general not later than 90 days after the effective date of this act or the date such interest is acquired, whichever occurs later. Such filing shall include:
(1) The name of the individual or entity holding such interest;
(2) the date of acquisition;
(3) the address and legal description of the real property; and
(4) the number of acres comprising the real property.
(d) The secretary of state shall provide notice of the registration requirement for foreign principals of subsection (c) to all business entities and nonprofit organizations at the time of each of such business entity's or nonprofit organization's registration with the secretary of state or of any other filing with the secretary of state. The attorney general shall provide the secretary of state with instructions for fulfilling the requirements of subsection (c), and the secretary of state shall provide such instructions with such notice to business entities and nonprofit organizations.
(e) (1) (A) Except as provided by paragraph (B), if applicable, any foreign principal that fails to file the registration as required under subsection (c) or directly or indirectly acquires any interest in real property as described in subsection (a) shall divest such interest in such real property.
(B) Any foreign principal that owns any interest in real property as described in subsection (a) on July 1, 2025, and fails to file the registration as required under subsection (c) with respect to such interest in real property shall receive a warning from the attorney general advising the foreign principal of such registration requirement and instructing the foreign principal as to the manner of fulfilling such requirement. The foreign principal shall be allowed a period of 30 days from the date of receipt of such warning and instructions to file such registration as required under subsection (c) without a requirement of divestiture of such interest in real property. If such foreign principal fails to file such registration within such 30-day period, such foreign principal shall divest such interest in such real property. The provisions of this subparagraph shall expire on June 30, 2028.
(2) A copy of all documentation evidencing such divestiture shall be submitted to the attorney general in such manner as prescribed by the attorney general not later than 30 days after the effective date of such divestiture.
(f) A foreign principal may acquire an interest in real property by devise or bequest, through the enforcement of any security interest or through the collection of a debt. Any such acquisition shall be subject to the provisions of subsections (c) and (e).
History: L. 2025, ch. 68, § 3; July 1.
(a) The attorney general shall investigate any suspected violation of K.S.A. 48-3803, and amendments thereto.
(b) A foreign principal who is subject to the requirements of K.S.A. 48-3803, and amendments thereto, may enter into an agreement with the attorney general to divest such foreign principal's interest in real property not more than 360 days from entering into such agreement.
(c) The attorney general may commence an action in a court of competent jurisdiction to enforce the provisions of K.S.A. 48-3803, and amendments thereto. In any such action, the attorney general may seek:
(1) A court order directing the defendant to divest such defendant's interest in such real property;
(2) injunctive relief;
(3) civil forfeiture of the defendant's interest in such real property pursuant to K.S.A. 60-4101 et seq., and amendments thereto; and
(4) reasonable attorney fees and court costs.
(d) Upon a determination by a court of competent jurisdiction that the defendant has violated the requirements of K.S.A. 48-3803, and amendments thereto, the defendant shall divest such defendant's interest in such real property within 180 days after the day such court order is issued.
History: L. 2025, ch. 68, § 4; July 1.
No foreign principal shall receive any direct benefit related to any economic development program regardless of the form of such benefit.
History: L. 2025, ch. 68, § 5; July 1.
(a) Any person may report information concerning non-notified transactions in such form and manner as prescribed by the attorney general.
(b) The attorney general shall prepare and submit a report on any identified non-notified transactions to the committee on foreign investment in the United States. A copy of such report shall be submitted to the governor, the adjutant general and the standing committees on federal and state affairs of the senate and the house of representatives or any successor committee of either such standing committee.
(c) On or before February 1 of each year, the attorney general shall prepare and submit a report to the governor, the adjutant general, the standing committee on commerce, labor and economic development of the house of representatives, the standing committee on commerce of the senate, the standing committee on federal and state affairs of the house of representatives and the standing committee on federal and state affairs of the senate or any successor committee of such standing committees. Such report shall detail the implementation of the Kansas land and military installation protection act and include the attorney general's recommended amendments to the definition of country of concern, if any.
(d) The attorney general shall retain copies of any documents that are made a part of or otherwise submitted to the committee on foreign investment in the United States along with the report required under subsection (b).
(e) On or before January 1, 2026, the attorney general shall adopt rules and regulations to implement the provisions of this section.
History: L. 2025, ch. 68, § 6; July 1.
(a) Upon any occasion when an organization is designated as a foreign terrorist organization or has such designation revoked pursuant to 8 U.S.C. § 1189, the fusion center oversight board may adopt rules and regulations to reflect such designation or revocation of such designation, but only after giving due consideration to the risks to state and national security and the economic costs and benefits of such action.
(b) In no case shall the fusion center oversight board adopt any rule or regulation pursuant to this section that would designate an organization as a foreign terrorist organization that is not designated as a foreign terrorist organization pursuant to 8 U.S.C. § 1189.
History: L. 2025, ch. 68, § 7; July 1.
On or before March 1 of each year, Kansas state university shall use available data and resources to prepare and submit a report to the legislature and the attorney general detailing the status and trends of all foreign land holdings of real property within the state of Kansas.
History: L. 2025, ch. 68, § 8; July 1.
K.S.A. 48-3801 through 48-3808, and amendments thereto, are declared severable. Any provision of K.S.A. 48-3801 through 48-3808, and amendments thereto, or the application thereof to any person or circumstance that is held to be unconstitutional or invalid shall not affect the validity of any remaining provisions of K.S.A. 48-3801 through 48-3808, and amendments thereto, or the applicability of such provisions to any person or circumstance.
History: L. 2025, ch. 68, § 9; July 1.
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