Session Law

Identifying Information:L. 2002 ch. 083
Other Identifying Information:2002 Senate Bill 629
Tax Type:Other
Brief Description:(Amended by Chapter 149)An Act concerning the adjutant general and the division of emergency management; re- lating to the powers and duties thereof; amending K.S.A. 48-928 and K.S.A. 2001 Supp. 48-904 and repealing the existing sections.
Keywords:


Body:

CHAPTER 83

SENATE BILL No. 629

(Amended by Chapter 149)


An Act concerning the adjutant general and the division of emergency management; re-

lating to the powers and duties thereof; amending K.S.A. 48-928 and K.S.A. 2001 Supp.


48-904 and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2001 Supp. 48-904 is hereby amended to read as

follows: 48-904. 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 pre-

vent, minimize and repair injury and damage resulting from disasters;

(b) ``adjutant general'' means the adjutant general of the state of Kan-

sas;

(c) ``division of emergency management'' means the division of emer-

gency 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 wide-

spread 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 per-

sons 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 quan-

tity or form which may be harmful or injurious to the health and safety

of humans, animals, crops or property when released into the environ-

ment. Hazardous material includes, but is not limited to, explosives, ra-

dioactive 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.

Sec. 2. K.S.A. 48-928 is hereby amended to read as follows: 48-928.

In addition to other duties imposed under this act, the division of emer-

gency 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 interjurisd-

ictional disaster emergency plans including adequate provisions for the

rendering and receipt of mutual aid;

(d) periodically examine or review and approve local and interjurisd-

ictional disaster emergency plans which are in accordance with the stan-

dards and requirements promulgated therefor;

(e) establish and operate training or public information programs re-

lating to emergency management, and assist counties and cities, the dis-

aster 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 activ-

ities 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 nec-

essary 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; and

(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 coor-

dinators 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; and

(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.

Sec. 3. K.S.A. 48-928 and K.S.A. 2001 Supp. 48-904 are hereby re-

pealed.

Sec. 4. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 23, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002