48-924. Disasters; responsibilities of governor; state of disaster emergency.
48-924
48-924. Disasters; responsibilities of governor;state of disaster emergency.(a) The governor shall be responsible for meeting the dangers to thestate and people presented by disasters.
(b) (1) The governor, upon finding that a disaster has occurred orthatoccurrence or the threat thereof is imminent, shall issue a proclamationdeclaring 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 notifiedpursuant to K.S.A. 47-611, and amendments thereto, that a quarantine or otherregulations are necessary to prevent the spread among domesticanimals of anycontagious or infectious disease, may issue a proclamation declaring a state ofdisaster emergency.In addition to or instead of any actions pursuant to the provisions ofK.S.A. 2-2114, and amendments thereto, the governor, upon a finding or whennotified pursuant to K.S.A. 2-2112 et seq., and amendments thereto,that a quarantine or otherregulations are necessary to prevent the spread among plants, raw agriculturalcommodities, animal feed or processed food of any contagious or infectiousdisease, may issue a proclamation declaring a state of disaster emergency.
(3) The state of disaster emergency sodeclared shall continue until the governor finds that the threat or dangerof disaster has passed, or the disaster has been dealt with to the extentthat emergency conditions no longer exist. Upon making suchfindingsthe governor shall terminate the state of disaster emergency byproclamation, but except as provided in paragraph (4), no state ofdisaster emergency may continue for longerthan 15 days unless ratified by concurrent resolution ofthelegislature, with the single exception that upon specific application bythe governor to the state finance council and an affirmative vote of amajority of the legislative members thereof, a state of disaster emergencymay be extended once for a specified period not to exceed30 daysbeyond such 15-day period.
(4) If the state of disaster emergency isproclaimed pursuant to paragraph (2), the governor shall terminate the state ofdisaster emergency by proclamation within 15 days, unless ratified byconcurrent resolution of the legislature, except that when the legislature isnot in session and upon specific application by the governor to the statefinance council and an affirmative vote of a majority of the legislativemembers thereof, a state of disaster emergency may be extended for a specifiedperiod not to exceed 30 days. The state finance council mayauthorize additional extensions of the state of disaster emergency by aunanimous vote of the legislative members thereof for specified periods not toexceed 30 dayseach. Such state of disaster emergency shall be terminated on the 15th day ofthe next regular legislative session following the initial date of the state ofdisaster emergency unless ratified by concurrent resolution of the legislature.
(5) At any time, the legislature byconcurrentresolution may require the governor to terminate a state of disasteremergency. Upon such action by the legislature, the governor shall issue aproclamation terminating the state of disaster emergency.
(6) Any proclamationdeclaring or terminating a state of disaster emergency which is issuedunder this subsection shall indicate the nature of the disaster, the areaor areas threatened or affected by the disaster and the conditions whichhave brought about, or which make possible the termination of, the state ofdisaster emergency. Each such proclamation shall be disseminated promptlyby means calculated to bring its contents to the attention of the generalpublic and, unless the circumstances attendant upon the disaster preventthe same, each such proclamation shall be filed promptly with the divisionof emergency management, the office of the secretary ofstate and eachcity clerk or county clerk, as the case may be, in the area to which suchproclamation applies.
(c) In the event of the absence of the governor from the state or theexistence of any constitutional disability of the governor,an officer specified in K.S.A. 48-1204 and amendments thereto, in the orderofsuccession provided by that section,may issue a proclamation declaring a state of disaster emergencyin the manner provided in and subject to the provisions of subsection (a).During a state of disaster emergency declared pursuant to this subsection, suchofficer may exercise the powers conferredupon the governorby 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 suchpowers shall be conferred upon the preceding officer.Upon the return of the governortothe stateor the removal of any constitutional disability of the governor, theauthority ofan officer to exercise the powers conferred by this sectionshallterminate immediately and the governor shall resume the full powers oftheoffice. Any state of disaster emergency and any actions taken by an officerunder this subsection shall continue andshall havefull force and effect as authorized by law unless modified or terminated bythe governor in the manner prescribed by law.
(d) A proclamation declaring a state of disaster emergency shallactivate the disaster response and recovery aspects of the state disasteremergency plan and of any local and interjurisdictional disaster plansapplicable to the political subdivisions or areas affected by theproclamation. Such proclamation shall be authority for the deployment anduse of any forces to which the plan or plans apply and for use ordistribution of any supplies, equipment, materials or facilities assembled,stockpiled or arranged to be made available pursuant to this act during adisaster.
(e) The governor, when advised pursuant to K.S.A. 74-2608, andamendmentsthereto, that conditions indicative of drought exist, shall beauthorized to declare by proclamation that a state of drought exists. Thisdeclaration of a state of drought can be for specific areas or communities, canbe statewide or for specific water sources and shall effect immediateimplementation of drought contingency plans contained in state approvedconservation 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; May 2.