48-203. Commander in chief; chief of staff; rank; qualifications; compensation; aides-de-camp. The governor shall be commander in chief of the militia and shall have supreme command of the military forces of the state while in the service of the state or until they are ordered or accepted into the services of the United States. While the military forces are in the service of the state, the governor, subject to the provisions of federal law, may muster out any national guard organization of the state, discharge any enlisted person who is a member of the state national guard organization or cause any commissioned officer to be summoned and discharged if the officer persists in willfully neglecting the duties of the officer's office or fails to properly account for public property or money in the officer's possession as an officer. The resignation of officers of the national guard shall be accepted by the governor's order before they are discharged from military service of the state.
No armed military force from another state or territory shall be permitted to enter the state without the governor's permission unless the military force is part of the United States army or is acting under the authority of the United States. No independent military organization, except a corps of cadets at an educational institution, shall be permitted to bear arms without first securing permission from the commander in chief. The governor shall appoint, subject to confirmation by the senate as provided in K.S.A. 75-4315b, one adjutant general with the rank of major general, who shall be chief of staff. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as adjutant general shall exercise any power, duty or function as adjutant general until confirmed by the senate. The person appointed shall have served at least five years as a commissioned officer in the Kansas national guard and shall have been an officer in the armed forces of the United States. The adjutant general shall receive an annual salary fixed by the governor. The governor may promote, subject to confirmation by the senate as provided in K.S.A. 75-4315b, any adjutant general who has served at least 15 consecutive years as adjutant general in Kansas to the rank of lieutenant general.
The governor may also detail 12 aides-de-camp from among the officers of the Kansas national guard or the Kansas state guard, or appoint such aides-de-camp from among Kansas ex-service personnel, or reserve personnel of the United States army, air force, navy or marine corps, each with the simulated rank of lieutenant colonel in the Kansas national guard. While serving as aides-de-camp, such personnel may wear either the uniform and insignia of any military service to which they are entitled or the uniform and insignia of lieutenant colonel of the Kansas national guard.
The term of office of officers appointed pursuant to this section shall be during the pleasure of the governor appointing them and until their successors are appointed and confirmed.
History: L. 1901, ch. 255, § 3; L. 1903, ch. 359, § 1, (3); L. 1905, ch. 303, § 1, (3); L. 1907, ch. 248, § 1, (3); L. 1921, ch. 206, § 3; R.S. 1923, 48-203; L. 1931, ch. 223, § 1; L. 1933, ch. 286, § 14; L. 1937, ch. 329, § 5; L. 1943, ch. 274, § 1; L. 1947, ch. 416, § 2; L. 1949, ch. 297, § 1; L. 1953, ch. 259, § 1; L. 1957, ch. 307, § 1; L. 1961, ch. 258, § 1; L. 1969, ch. 267, § 1; L. 1970, ch. 208, § 1; L. 1982, ch. 347, § 21; L. 2008, ch. 121, § 6; July 1.
Structure Kansas Statutes
Chapter 48 - Militia, Defense And Public Safety
Article 2 - Kansas Army And Air National Guard
48-202 Staff officers; qualifications; vacancies.
48-203 Commander in chief; chief of staff; rank; qualifications; compensation; aides-de-camp.
48-204 Adjutant general; powers and duties; appointment of security and law enforcement officers.
48-206 Duties of finance and disbursing officer; vouchers and warrants.
48-208 Appointments and commissions.
48-209 Terms of officers; order to active service by governor, when; rank; compensation.
48-210 Enlistments; standard physical examinations; medical fee.
48-211 Discharge or retirement for disability; retired list; exemption from jury duty, when.
48-212 Oath of officers and enlisted persons.
48-213 Federal requirements applicable to officers; minimum age; vacancies in commissioned grades.
48-214 Military advisory board; duties.
48-215 Meetings of the state military board; compensation and allowances.
48-216 Uniforms, arms and equipment.
48-217 Use of ordnance or supplies issued by the United States; ammunition for salutes.
48-218 Use and storage of property.
48-219 Penalty for unlawful acts affecting property.
48-222 Annual muster and camp of instruction; duty to attend; unlawful acts by employer, penalty.
48-224 Rations and clothing allowances when in actual service.
48-227 Resumption of guard service after release from federal service.
48-237 Dues and fines; collection and disposition.
48-239 Call and organization of volunteers; discharge.
48-240 Duty of commanding officer in case of invasion, insurrection or public disaster.
48-241 Ordering militia into active service.
48-242 Call by sheriff or mayor for aid.
48-243 Failure to obey orders or to cooperate with civil authorities.
48-244 Report for duty when called into active service.
48-245 Uniforms, arms and equipment exempt from suit, execution or sale for debt.
48-246 Location of new companies; method of organization; muster out and discharge.
48-247 Same; administration of oath of enlistment.
48-249 Existing organizations.
48-251 Warrants of director of accounts and reports.
48-252 Transportation of troops and equipment.
48-252b Authorizing certain military personnel to direct traffic on public roads and highways.
48-252c Same; application for authority; contents.
48-253 Annual civilian rifle-team competition; expense of.
48-254 Same; disbursal of allowance by adjutant general.
48-264 Same; effect of federal service.
48-265 Same; reimbursement for certain expenses.
48-266 Same; pay and allowance; limitations.
48-267 Same; compensation; monthly benefit; computation.
48-268 Same; investigation; hearing; presumptions; interpretation of law or evidence.
48-269 Same; death benefits; computation; beneficiaries.
48-271 Same; legal nature of benefits.
48-272 Military fees fund; federal reimbursements; rules and regulations.
48-273 Armories and units general fees fund; revenues; rules and regulations.
48-274 Orders of adjutant general not subject to Kansas administrative procedure act.
48-280 Exchange of certain property in Saline county.
48-291 Health insurance of insured activated for military service; definitions.
48-292 Same; reinstatement rights; notice by insurance company.
48-293 Same; application; limitations.
48-294 Same; reinstatement, limitation on.
48-295 Same; effect of reinstatement.