48-939. Civil penalty for intentional violation of act or rules and regulations, orders or proclamations thereunder; enforcement through civil action by the attorney general or county or district attorney; injunction or restraining order; criminal penalty for knowing violation of certain orders. (a) (1) Except as provided in paragraph (2), a person who intentionally violates any provision of this act, any rule and regulation adopted by the adjutant general under this act or any lawful order or proclamation issued under authority of this act whether pursuant to a proclamation declaring a state of disaster emergency under K.S.A. 48-924, and amendments thereto, or a declaration of a state of local disaster emergency under K.S.A. 48-932, and amendments thereto, may incur a civil penalty in an amount not to exceed $2,500 per violation. Each penalty may be assessed in addition to any other penalty provided by law.
(2) A knowing violation of an executive order issued pursuant to K.S.A. 48-925, and amendments thereto, that mandates a curfew or prohibits public entry into an area affected by a disaster is a class A nonperson misdemeanor.
(b) Violations of subsection (a)(1) shall be enforced through an action brought under chapter 60 of the Kansas Statutes Annotated, and amendments thereto, by the attorney general or the county or district attorney in the county in which the violation took place. Civil penalties sued for and recovered by the county or district attorney shall be paid into the general fund of the county where the proceedings were instigated.
(c) The attorney general or any county or district attorney may bring an action to enjoin, or to obtain a restraining order, against a person who has violated, is violating or is otherwise likely to violate this act.
History: L. 1975, ch. 283, § 20; L. 2020, ch. 1, § 36 (Special Session); L. 2021, ch. 7, § 9; March 25.
Structure Kansas Statutes
Chapter 48 - Militia, Defense And Public Safety
Article 9 - Emergency Preparedness For Disasters
48-905a Division of emergency management, establishment.
48-907 Powers and duties of adjutant general.
48-911 Mobile support units; duties of adjutant general.
48-912 Investigations and surveys; testimony and evidence; fees and mileage of witnesses.
48-916 Authority to accept services, gifts, grants and loans.
48-917 Persons ineligible for employment.
48-919 Employees, division of emergency management; expenses.
48-923 Limitations on effect of act.
48-926 State disaster emergency plan; rules and regulations.
48-927 State resources management plan.
48-928 Duties of division of emergency management.
48-934 Duties and immunities of law enforcement, military and other authorized personnel.
48-935 Force and effect of municipal ordinances during disaster emergencies.
48-936 Immunity from liability for persons in control of certain premises.
48-937 Communications systems during disasters; recommendations to governor.
48-942 Costs of emergency management plans and programs; fees.
48-943 Rules and regulations; personnel.
48-948 Citation of act; purpose.
48-950 Kansas mutual aid system; participation by political subdivisions.
48-951 Responsibilities of participating political subdivisions.
48-952 Requests for assistance among participating political subdivisions.
48-953 Obligation of participating political subdivisions to provide assistance; conditions.
48-955 Guidelines and procedures.
48-956 Personnel of participating political subdivision; benefits.
48-957 Nature of activities governmental; liability.
48-960 Division of emergency management authorized to accept certain real property in Saline county.
48-967 Severability; act concerning governmental response to the 2020 COVID-19 pandemic in Kansas.
48-968 Severability; governmental response to certain emergencies.