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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