Kansas Statutes Annotated

K.S.A. § 48-904 (2026)

Definitions

✓ current as of May 2026

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48-904. Definitions. As used in this act:

(a) "Emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters;

(b) "adjutant general" means the adjutant general of the state of Kansas;

(c) "division of emergency management" means the division of emergency management created in the office of the adjutant general by K.S.A. 48-905, and amendments thereto;

(d) "disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including, but not limited to, fire, flood, earthquake, wind, storm, epidemics, contagious or infectious disease, air contamination, blight, drought, infestation, explosion, riot, terrorism or hostile military or paramilitary action;

(e) "unorganized militia" means all able-bodied male and female persons between the ages of 16 and 50 years;

(f) "state disaster emergency plan" means the plan prepared and maintained by the division of emergency management pursuant to K.S.A. 48-926, and amendments thereto;

(g) "local and interjurisdictional disaster emergency plans" means all disaster emergency plans developed and promulgated by county, city and interjurisdictional disaster agencies pursuant to K.S.A. 48-929, and amendments thereto; and

(h) "hazardous material" means any substance or material in a quantity or form which may be harmful or injurious to the health and safety of humans, animals, crops or property when released into the environment. Hazardous material includes, but is not limited to, explosives, radioactive materials, disease-causing agents, flammable liquids, solids or gases, combustible liquids, poisons, poisonous gases, oxidizing materials, corrosive materials, irritants, nonflammable gases, cryogenics and blasting agents.

History: L. 1951, ch. 323, § 3; L. 1955, ch. 263, § 2; L. 1975, ch. 283, § 1; L. 1980, ch. 158, § 1; L. 1994, ch. 248, § 2; L. 2001, ch. 163, § 10; L. 2002, ch. 83, § 1; July 1.

Notes of Decisions

Cited in 4 cases, 1995–2020 · leading case: Bradley v. Bd. of Cnty. Commissioners, 890 P.2d 1228 (Kan. Ct. App. 1995).

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Bradley v. Bd. of Cnty. Commissioners, 890 P.2d 1228 (Kan. Ct. App. 1995). · cites it 2× “Bradley first argues that this statute cannot cloak Butler County with immunity because Butler County did not have in place an approved emergency plan as required by the Kansas Emergency Preparedness Act, K.S.A. 48-904 et seq. (Ensley). She specifically refers to K.”

Kelly v. Legislative Coordinating Council, 460 P.3d 832 (Kan. 2020). “It broadly concerns statutory procedures for issuance of gubernatorial proclamations declaring a state disaster emergency and the legislative oversight authorized for such proclamations and their attendant executive orders under the Kansas Emergency Management Act (KEMA), K.S.A.…”

Bradley v. Bd. of Butler Cnty. Comm'rs., 20 Kan. App. 2d 602 (Kan. Ct. App. 1995). · cites it 2× “Bradley first argues that this statute cannot cloak Butler County with immunity because Butler County did not have in place an approved emergency plan as required by the Kansas Emergency Preparedness Act, K.S.A. 48-904 et seq. (Ensley). She specifically refers to K.”

First Baptist Church v. Kelly (D. Kan. 2020). “Plaintiffs’ challenge in this case concerns EO 20-25, which was issued by Governor Kelly pursuant to her authority under the Kansas Emergency Management Act (“KEMA”), K.S.A. 48-904, et seq. Among other things, KEMA created a division of emergency management within the office of…”

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