48-204. Adjutant general; powers and duties; appointment of security and law enforcement officers.
48-204
48-204. Adjutant general; powers and duties;appointment of security and law enforcement officers.(a) The adjutant general shall:
(1) Be in control of the military department ofthe state and subordinate only to the governor in matters pertaining to thedepartment;
(2) have general supervision over allthesubordinate military departments, to include the department of the armynational guard and the department of the air national guard;
(3) perform such duties as pertain to the adjutant general's departmentunderthe regulations and usage of the army of the United States;
(4) superintend the preparation of all returns and reports required by theUnited States from the state;
(5) require a certificateof the military service to be furnished, in accordance with K.S.A. 73-209 andamendments thereto, to any soldier who has served in the army in any of thestate military organizations; and
(6) audit and passupon all claims of a military character against the state, and no contractof a military nature against the state shall be valid or paid untilapproved by the adjutant general.
(b) The adjutant general is authorized to:
(1) Adopt regulations pertaining to the preparationand rendering of reports and returns and to the care and preservation ofpublic property as in the adjutant general's opinion theconditions demand, which regulations shall be operative and in force whenpromulgated in the form of general orders, circulars or circular letters;
(2) administer oaths in matters pertaining to the duties of the office asrelates to: (A) Claims against the state; (B) the organizationof boards ofsurvey, courts-martial and courts of inquiry; (C) affidavitscovering loss ofmilitary property belonging to the state or the United States; (D)oaths ofoffice of officers of the Kansas national guard; (E) statements andreportsrequired from officers pertaining to property and money accountability andexpenditures; and (F) any other official military matterscoming before the adjutant general;
(3) adopt an appropriate seal for use inthe office, to be affixed to all oaths that the adjutantgeneral administers under authorityof law, and to authenticate all certificates required of theadjutant general;
(4) appoint such officers as necessary as security officers for theprotection of all national guard property and equipment, owned by or under thecontrol of the Kansas national guard wherever located in the state of Kansas,including when transported over public roads or located on temporary nationalguard sites, and for the protection of persons and property associated with thenational guard; and
(5) appoint law enforcement officers to serve under the command of theadjutant general.
(c) (1) Those members of the adjutant general's department who areappointedaslaw enforcement officers must meet the requirements of the Kansaslaw enforcement training act, K.S.A. 74-5601 through 74-5623 andamendments thereto.
(2) A law enforcement officer engaged in the protective functions specifiedinsubsection (b)(4) shall possess and exercise all general law enforcementpowers,rights, privileges, protections and immunities in every county where there islocated any Kansas national guard property. All persons arrested by alaw enforcement officer may be turned over to the appropriate local police orcounty sheriffin whose jurisdiction the offense was committed to be processed in the samemanner as other persons turned over to such police or sherifformay book such arrested person at the jail in the jurisdiction of the arrest.Such law enforcement officer shall complete any required reports, arrestaffidavits and other documents associated with the arrest. These reports shallbe kept on file with the office of the adjutant general, unless a memorandum ofagreement with the local law enforcement agency specifies otherwise.
(3) While on duty, security officers or law enforcement officers appointedpursuant to subsection (b)(4)or (b)(5), as applicable, shall wear and display publicly a badge ofoffice.
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; July 1.