48-925.Powers of governor during state of disasteremergency; orders and proclamations, administered by adjutant general.(a) During any state of disaster emergency declared under K.S.A.48-924, and amendments thereto, the governor shall be commander-in-chief ofthe organized andunorganized militia and of all other forces available for emergency duty.To the greatest extent practicable, the governor shall delegate or assigncommand authority by prior arrangement, embodied in appropriate executiveorders or in rules and regulations of the adjutant general, but nothingherein shall restrict the authority of the governor to do so by ordersissued at the time of a disaster.
(b) Under the provisions of this act and for the implementation thereof,the governor may issue orders and proclamations which shall have the forceand effect of law during the period of a state of disaster emergencydeclared under subsection (b) of K.S.A. 48-924, and amendments thereto, andwhich ordersand proclamations shall be null and void thereafter unless ratified byconcurrent resolution of the legislature. Such orders and proclamations maybe revoked at any time by concurrent resolution of the legislature.
(c) During a state of disaster emergency declared under K.S.A.48-924, and amendments thereto, and in addition to any other powersconferred upon thegovernor by law, the governor may:
(1) Suspend the provisions of anyregulatory statute prescribing the procedures for conduct of statebusiness, or the orders or rules and regulations of any state agency whichimplements such statute, if strict compliance with the provisions of suchstatute, order or rule and regulation would prevent, hinder or delay in anyway necessary action in coping with the disaster;
(2) utilize all available resources of the state government and of eachpolitical subdivision as reasonably necessary to cope with the disaster;
(3) transfer the supervision, personnel or functions of statedepartments and agencies or units thereof for the purpose of performing orfacilitating emergency management activities;
(4) subject to any applicable requirements for compensation under K.S.A.48-933, and amendments thereto, commandeer or utilize any private propertyif the governor finds such action necessary to cope with the disaster;
(5) direct and compel the evacuation of all or part of the populationfrom any area of the state stricken or threatened by a disaster, if thegovernor deems this action necessary for the preservation of lifeor other disaster mitigation, response or recovery;
(6) prescribe routes, modes of transportation and destinations inconnection with such evacuation;
(7) control ingress and egress of persons and animals to and from adisaster area, the movementof persons and animals within the area and the occupancy by personsand animals of premises therein;
(8) suspend or limit the sale, dispensing or transportation of alcoholicbeverages, explosives and combustibles;
(9) make provision for the availability and use of temporary emergencyhousing;
(10) require and direct the cooperation and assistance of state andlocal governmental agencies and officials; and
(11) perform and exercise such other functions, powers and duties as arenecessary to promote and secure the safety and protection of the civilianpopulation.
(d) The governor shall exercise the powers conferred by subsection (c)by issuance of orders under subsection (b). The adjutant general, subjectto the direction of the governor, shall administer such orders.
48-925.Powers of governor during state of disasteremergency; orders and proclamations, administered by adjutant general.(a) During any state of disaster emergency declared under K.S.A.48-924, and amendments thereto, the governor shall be commander-in-chief ofthe organized andunorganized militia and of all other forces available for emergency duty.To the greatest extent practicable, the governor shall delegate or assigncommand authority by prior arrangement, embodied in appropriate executiveorders or in rules and regulations of the adjutant general, but nothingherein shall restrict the authority of the governor to do so by ordersissued at the time of a disaster.
(b) Under the provisions of this act and for the implementation thereof,the governor may issue orders and proclamations which shall have the forceand effect of law during the period of a state of disaster emergencydeclared under subsection (b) of K.S.A. 48-924, and amendments thereto, andwhich ordersand proclamations shall be null and void thereafter unless ratified byconcurrent resolution of the legislature. Such orders and proclamations maybe revoked at any time by concurrent resolution of the legislature.
(c) During a state of disaster emergency declared under K.S.A.48-924, and amendments thereto, and in addition to any other powersconferred upon thegovernor by law, the governor may:
(1) Suspend the provisions of anyregulatory statute prescribing the procedures for conduct of statebusiness, or the orders or rules and regulations of any state agency whichimplements such statute, if strict compliance with the provisions of suchstatute, order or rule and regulation would prevent, hinder or delay in anyway necessary action in coping with the disaster;
(2) utilize all available resources of the state government and of eachpolitical subdivision as reasonably necessary to cope with the disaster;
(3) transfer the supervision, personnel or functions of statedepartments and agencies or units thereof for the purpose of performing orfacilitating emergency management activities;
(4) subject to any applicable requirements for compensation under K.S.A.48-933, and amendments thereto, commandeer or utilize any private propertyif the governor finds such action necessary to cope with the disaster;
(5) direct and compel the evacuation of all or part of the populationfrom any area of the state stricken or threatened by a disaster, if thegovernor deems this action necessary for the preservation of lifeor other disaster mitigation, response or recovery;
(6) prescribe routes, modes of transportation and destinations inconnection with such evacuation;
(7) control ingress and egress of persons and animals to and from adisaster area, the movementof persons and animals within the area and the occupancy by personsand animals of premises therein;
(8) suspend or limit the sale, dispensing or transportation of alcoholicbeverages, explosives and combustibles;
(9) make provision for the availability and use of temporary emergencyhousing;
(10) require and direct the cooperation and assistance of state andlocal governmental agencies and officials; and
(11) perform and exercise such other functions, powers and duties as arenecessary to promote and secure the safety and protection of the civilianpopulation.
(d) The governor shall exercise the powers conferred by subsection (c)by issuance of orders under subsection (b). The adjutant general, subjectto the direction of the governor, shall administer such orders.
48-925.Powers of governor during state of disasteremergency; orders and proclamations, administered by adjutant general.(a) During any state of disaster emergency declared under K.S.A.48-924, and amendments thereto, the governor shall be commander-in-chief ofthe organized andunorganized militia and of all other forces available for emergency duty.To the greatest extent practicable, the governor shall delegate or assigncommand authority by prior arrangement, embodied in appropriate executiveorders or in rules and regulations of the adjutant general, but nothingherein shall restrict the authority of the governor to do so by ordersissued at the time of a disaster.
(b) Under the provisions of this act and for the implementation thereof,the governor may issue orders and proclamations which shall have the forceand effect of law during the period of a state of disaster emergencydeclared under subsection (b) of K.S.A. 48-924, and amendments thereto, andwhich ordersand proclamations shall be null and void thereafter unless ratified byconcurrent resolution of the legislature. Such orders and proclamations maybe revoked at any time by concurrent resolution of the legislature.
(c) During a state of disaster emergency declared under K.S.A.48-924, and amendments thereto, and in addition to any other powersconferred upon thegovernor by law, the governor may:
(1) Suspend the provisions of anyregulatory statute prescribing the procedures for conduct of statebusiness, or the orders or rules and regulations of any state agency whichimplements such statute, if strict compliance with the provisions of suchstatute, order or rule and regulation would prevent, hinder or delay in anyway necessary action in coping with the disaster;
(2) utilize all available resources of the state government and of eachpolitical subdivision as reasonably necessary to cope with the disaster;
(3) transfer the supervision, personnel or functions of statedepartments and agencies or units thereof for the purpose of performing orfacilitating emergency management activities;
(4) subject to any applicable requirements for compensation under K.S.A.48-933, and amendments thereto, commandeer or utilize any private propertyif the governor finds such action necessary to cope with the disaster;
(5) direct and compel the evacuation of all or part of the populationfrom any area of the state stricken or threatened by a disaster, if thegovernor deems this action necessary for the preservation of lifeor other disaster mitigation, response or recovery;
(6) prescribe routes, modes of transportation and destinations inconnection with such evacuation;
(7) control ingress and egress of persons and animals to and from adisaster area, the movementof persons and animals within the area and the occupancy by personsand animals of premises therein;
(8) suspend or limit the sale, dispensing or transportation of alcoholicbeverages, explosives and combustibles;
(9) make provision for the availability and use of temporary emergencyhousing;
(10) require and direct the cooperation and assistance of state andlocal governmental agencies and officials; and
(11) perform and exercise such other functions, powers and duties as arenecessary to promote and secure the safety and protection of the civilianpopulation.
(d) The governor shall exercise the powers conferred by subsection (c)by issuance of orders under subsection (b). The adjutant general, subjectto the direction of the governor, shall administer such orders.
