48-929.County and city disaster agencies; determination by governor;disaster emergency plans by county, city and interjurisdictional disasteragencies; duties of local officials.(a) Each county within this state shall establish and maintain adisaster agency responsible for emergency management andcoordination ofresponse to disasters or shall participate in an interjurisdictionalarrangement for such purposes under an interjurisdictional disaster agencyas provided in K.S.A. 48-930, and amendments thereto. Except as otherwiseprovided inthis act, each county or interjurisdictional disaster agency shall havejurisdiction over and serve all of each county included thereunder. Nocounty which is included in an interjurisdictional arrangement under thejurisdiction of an interjurisdictional disaster agency pursuant tosubsection (a) of K.S.A. 48-930, and amendments thereto, shall establish ormaintain aseparate disaster agency for such county.
(b) The governor shall determine which cities need disaster agencies oftheir own and, upon such determination, shall require that each such cityestablish and maintain a disaster agency therefor. The governor shall makesuch determinations on the basis of each city's disaster vulnerability andcapability of response related to population size and concentration. Thedisaster agency of a county shall cooperate with the disaster agency of anycity located within such county, but shall not have jurisdiction within acity having its own disaster agency. The division of emergencymanagementshall publish and keep current a list of cities which are required to havedisaster agencies under this subsection.
(c) The mayor or other principal executive officer of each city requiredto have a disaster agency and the chairperson of the board ofcountycommissioners of each county shall notify the division of emergency managementof the manner in which such city or county isproviding orsecuring disaster planning and emergency services, identify the person whoheads the agency responsible for providing such services and furnishadditional information relating thereto as the division of emergency managementrequires.
(d) In accordance with the standards and requirements for disasteremergency plans promulgated by the division of emergencymanagement, eachcounty, city and interjurisdictional disaster agency shall prepare and keepcurrent a disaster emergency plan for the area under its jurisdiction,which has been approved after examination and periodic review by thedivision of emergency management.
(e) The county, city or interjurisdictional disaster agency, as the casemay be, shall prepare and distribute to all appropriate officials inwritten form a clear and complete statement of the emergencyresponsibilities of all local agencies and officials and of the disasterchain of command.
(f) Any county and any city which is required to establish a disasteragency under this section, may designate the local council of defense,which was established in accordance with K.S.A. 48-909, and amendmentsthereto, for such countyor city and which was in existence on the day immediately preceding theeffective date of this act, as such county or city disaster agency underthis section.
(g) When the corporate limits of any city extend into twocounties, andthe city has not been required to establish a disaster agency in accordancewith this section and an interjurisdictional agency including such counties hasnot been established pursuant to K.S.A. 48-930, and amendments thereto, thegoverning body of such city may petition the board of county commissioners ofthe two counties to enter into an agreement which designates one of thecounties as the disaster agency for such city for the purposes specified inthis act. The board of county commissioners of the two counties shall consultand meet with the governing body of the affected city prior to such agreementbeing approved. If an agreement has not been entered into within one yearafter the city's petition, the city or either of the counties may petitionand the adjutant general shall designate one of the counties as the disasteragency for the city. The adjutant general's designation shall be final andbinding on the city and counties until such designation is revised by theadjutant general or by agreement of the two counties in accordance with theprocedures in this section. Any agreemententered into in accordance with this section shall meet the requirements ofK.S.A. 12-2901 et seq., and amendments thereto, the interlocal cooperationact.
History: L. 1975, ch. 283, § 9;L. 1994, ch. 248, § 17; July 1.
48-929.County and city disaster agencies; determination by governor;disaster emergency plans by county, city and interjurisdictional disasteragencies; duties of local officials.(a) Each county within this state shall establish and maintain adisaster agency responsible for emergency management andcoordination ofresponse to disasters or shall participate in an interjurisdictionalarrangement for such purposes under an interjurisdictional disaster agencyas provided in K.S.A. 48-930, and amendments thereto. Except as otherwiseprovided inthis act, each county or interjurisdictional disaster agency shall havejurisdiction over and serve all of each county included thereunder. Nocounty which is included in an interjurisdictional arrangement under thejurisdiction of an interjurisdictional disaster agency pursuant tosubsection (a) of K.S.A. 48-930, and amendments thereto, shall establish ormaintain aseparate disaster agency for such county.
(b) The governor shall determine which cities need disaster agencies oftheir own and, upon such determination, shall require that each such cityestablish and maintain a disaster agency therefor. The governor shall makesuch determinations on the basis of each city's disaster vulnerability andcapability of response related to population size and concentration. Thedisaster agency of a county shall cooperate with the disaster agency of anycity located within such county, but shall not have jurisdiction within acity having its own disaster agency. The division of emergencymanagementshall publish and keep current a list of cities which are required to havedisaster agencies under this subsection.
(c) The mayor or other principal executive officer of each city requiredto have a disaster agency and the chairperson of the board ofcountycommissioners of each county shall notify the division of emergency managementof the manner in which such city or county isproviding orsecuring disaster planning and emergency services, identify the person whoheads the agency responsible for providing such services and furnishadditional information relating thereto as the division of emergency managementrequires.
(d) In accordance with the standards and requirements for disasteremergency plans promulgated by the division of emergencymanagement, eachcounty, city and interjurisdictional disaster agency shall prepare and keepcurrent a disaster emergency plan for the area under its jurisdiction,which has been approved after examination and periodic review by thedivision of emergency management.
(e) The county, city or interjurisdictional disaster agency, as the casemay be, shall prepare and distribute to all appropriate officials inwritten form a clear and complete statement of the emergencyresponsibilities of all local agencies and officials and of the disasterchain of command.
(f) Any county and any city which is required to establish a disasteragency under this section, may designate the local council of defense,which was established in accordance with K.S.A. 48-909, and amendmentsthereto, for such countyor city and which was in existence on the day immediately preceding theeffective date of this act, as such county or city disaster agency underthis section.
(g) When the corporate limits of any city extend into twocounties, andthe city has not been required to establish a disaster agency in accordancewith this section and an interjurisdictional agency including such counties hasnot been established pursuant to K.S.A. 48-930, and amendments thereto, thegoverning body of such city may petition the board of county commissioners ofthe two counties to enter into an agreement which designates one of thecounties as the disaster agency for such city for the purposes specified inthis act. The board of county commissioners of the two counties shall consultand meet with the governing body of the affected city prior to such agreementbeing approved. If an agreement has not been entered into within one yearafter the city's petition, the city or either of the counties may petitionand the adjutant general shall designate one of the counties as the disasteragency for the city. The adjutant general's designation shall be final andbinding on the city and counties until such designation is revised by theadjutant general or by agreement of the two counties in accordance with theprocedures in this section. Any agreemententered into in accordance with this section shall meet the requirements ofK.S.A. 12-2901 et seq., and amendments thereto, the interlocal cooperationact.
History: L. 1975, ch. 283, § 9;L. 1994, ch. 248, § 17; July 1.
48-929.County and city disaster agencies; determination by governor;disaster emergency plans by county, city and interjurisdictional disasteragencies; duties of local officials.(a) Each county within this state shall establish and maintain adisaster agency responsible for emergency management andcoordination ofresponse to disasters or shall participate in an interjurisdictionalarrangement for such purposes under an interjurisdictional disaster agencyas provided in K.S.A. 48-930, and amendments thereto. Except as otherwiseprovided inthis act, each county or interjurisdictional disaster agency shall havejurisdiction over and serve all of each county included thereunder. Nocounty which is included in an interjurisdictional arrangement under thejurisdiction of an interjurisdictional disaster agency pursuant tosubsection (a) of K.S.A. 48-930, and amendments thereto, shall establish ormaintain aseparate disaster agency for such county.
(b) The governor shall determine which cities need disaster agencies oftheir own and, upon such determination, shall require that each such cityestablish and maintain a disaster agency therefor. The governor shall makesuch determinations on the basis of each city's disaster vulnerability andcapability of response related to population size and concentration. Thedisaster agency of a county shall cooperate with the disaster agency of anycity located within such county, but shall not have jurisdiction within acity having its own disaster agency. The division of emergencymanagementshall publish and keep current a list of cities which are required to havedisaster agencies under this subsection.
(c) The mayor or other principal executive officer of each city requiredto have a disaster agency and the chairperson of the board ofcountycommissioners of each county shall notify the division of emergency managementof the manner in which such city or county isproviding orsecuring disaster planning and emergency services, identify the person whoheads the agency responsible for providing such services and furnishadditional information relating thereto as the division of emergency managementrequires.
(d) In accordance with the standards and requirements for disasteremergency plans promulgated by the division of emergencymanagement, eachcounty, city and interjurisdictional disaster agency shall prepare and keepcurrent a disaster emergency plan for the area under its jurisdiction,which has been approved after examination and periodic review by thedivision of emergency management.
(e) The county, city or interjurisdictional disaster agency, as the casemay be, shall prepare and distribute to all appropriate officials inwritten form a clear and complete statement of the emergencyresponsibilities of all local agencies and officials and of the disasterchain of command.
(f) Any county and any city which is required to establish a disasteragency under this section, may designate the local council of defense,which was established in accordance with K.S.A. 48-909, and amendmentsthereto, for such countyor city and which was in existence on the day immediately preceding theeffective date of this act, as such county or city disaster agency underthis section.
(g) When the corporate limits of any city extend into twocounties, andthe city has not been required to establish a disaster agency in accordancewith this section and an interjurisdictional agency including such counties hasnot been established pursuant to K.S.A. 48-930, and amendments thereto, thegoverning body of such city may petition the board of county commissioners ofthe two counties to enter into an agreement which designates one of thecounties as the disaster agency for such city for the purposes specified inthis act. The board of county commissioners of the two counties shall consultand meet with the governing body of the affected city prior to such agreementbeing approved. If an agreement has not been entered into within one yearafter the city's petition, the city or either of the counties may petitionand the adjutant general shall designate one of the counties as the disasteragency for the city. The adjutant general's designation shall be final andbinding on the city and counties until such designation is revised by theadjutant general or by agreement of the two counties in accordance with theprocedures in this section. Any agreemententered into in accordance with this section shall meet the requirements ofK.S.A. 12-2901 et seq., and amendments thereto, the interlocal cooperationact.
History: L. 1975, ch. 283, § 9;L. 1994, ch. 248, § 17; July 1.
