48-930. Interjurisdictional disaster agencies; finding and order by governor; disaster emergency plans; interjurisdictional agreements between counties; interstate mutual aid organizations, agreements
48-930
48-930. Interjurisdictional disaster agencies; finding and order bygovernor; disaster emergency plans; interjurisdictional agreements betweencounties; interstate mutual aid organizations, agreements, disapproval bylegislature.(a) If the governor finds that two or more adjoining counties would beserved better by an interjurisdictional disaster agency than by maintainingseparate disaster agencies and services, the governor shallorder theestablishment of an interjurisdictional disaster agency which is adequateto plan for, prevent or respond to disasters in that area and direct stepsto be taken as necessary, including the creation of an interjurisdictionalrelationship and an interjurisdictional disaster emergency plan whichprovide for mutual aid or an area organization for emergencymanagement.A copy of such order shall be given to the chairperson of theboard of countycommissioners of each county affected by such order and to the mayor orother principal executive officer of each city located within any suchcounty, and such counties and cities shall act in accordance with suchorder. Any interjurisdictional agreement entered into by two or morecounties which are ordered to establish an interjurisdictional disasteragency under this subsection, may designate a local council of defense,which was established in accordance with K.S.A. 48-909, and amendmentsthereto, for one of suchcounties and which was in existence on the day immediately preceding theeffective date of this act, as such interjurisdictional disaster agency.Each interjurisdictional disaster agency shall cooperate with the disasteragency of any city located within any county under the jurisdiction of suchinterjurisdictional disaster agency, but shall not have jurisdiction withinsuch cities having disaster agencies. A finding by the governor pursuant tothis subsection shall be based on one or more factors related to thedifficulty of maintaining an efficient and effective emergencymanagementsystem on a single-jurisdiction basis, such as:
(1) Small or sparse population;
(2) limitations on public financial resources severe enough to makemaintenance of a separate disaster agency and services unreasonablyburdensome;
(3) unusual vulnerability to disaster as evidenced by a past history ofdisasters, topographical features, drainage characteristics, disasterpotential 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 aninterjurisdictional disaster agency pursuant to subsection (a), may berequired by the governor, by an order issued in the manner prescribed insubsection (a), to participate and enter into an interjurisdictionalagreement or arrangement without requiring the establishment andmaintenance 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 regionalbasis; and
(2) such counties have not made adequate provisions in their disasteremergency plans for the rendering and receipt of mutual aid for theemergency management needs of the entire region.
(c) If the governor finds that it would be desirable to establish aninterstate mutual aid organization or an area organization for disaster foran area including territory in this state and any other state or states, thegovernor shall take such action as is necessary to achievesuch objective. Ifthis state has enacted the interstate civil defense and disaster compactand this action is taken with a jurisdiction which has also enacted theinterstate civil defense and disaster compact, any resulting agreement withsuch jurisdiction may be considered a supplemental agreement pursuant toarticle VI of that compact.
(d) If this state, or any other jurisdiction with which the governorproposes to cooperate pursuant to subsection (c), has not enacted theinterstate civil defense and disaster compact, the governormay negotiate aspecial agreement with such jurisdiction. Any such agreement, if sufficientauthority for the making thereof does not otherwise exist, may becomeeffective only if its text has been submitted to the legislature by filinga copy thereof with the legislative coordinating council, and neither houseof the legislature has disapproved it by resolution during the next regularsession of the legislature after such submission.
History: L. 1975, ch. 283, § 10;L. 1994, ch. 248, § 18; July 1.