48-945. Declaration of state of emergency; exemption of drivers of utility service vehicles from certain requirements. (a) Upon application by any utility, the division of emergency management may declare a state of emergency in all or any part of the state whenever conditions exist which constitute an emergency, as defined in 49 C.F.R. 390.5, as in effect on the effective date of this act or such later version as adopted by rules and regulations of the state corporation commission pursuant to K.S.A. 66-1,129, and amendments thereto, subject to the following:
(1) The state of emergency shall be deemed to exist solely for the purpose of exempting drivers of utility service vehicles, as defined in 49 C.F.R. 395.2, as in effect on the effective date of this act or such later version as adopted by rules and regulations of the state corporation commission pursuant to K.S.A. 66-1,129, and amendments thereto, from limitations on hours of service prescribed by rules and regulations of the state corporation commission; and
(2) the exemption shall be subject to the conditions and limitations provided by 49 C.F.R. 390.23, as in effect on the effective date of this act or such later version as adopted by rules and regulations of the state corporation commission pursuant to K.S.A. 66-1,129, and amendments thereto, for exemptions pursuant to that regulation.
(b) The adjutant general may adopt rules and regulations to implement the provisions of this section.
(c) This section shall be part of and supplemental to the Kansas emergency management act.
History: L. 2005, ch. 65, ยง 1; Apr. 14.
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.