Kansas Statutes

Chapter 48: Militia, Defense And Public Safety

Article 5: State Guard

Statutes:

• 48-501: Authority and name.
• 48-502: Organization; rules and regulations.
• 48-503: Pay and allowances; training assemblies and camps; hazardous duty.
• 48-504: Requisitions; armories; other buildings.
• 48-505: Use without state, when.
• 48-506: Permission to forces of other states.
• 48-507: Federal service.
• 48-508: Civil groups.
• 48-509: Disqualifications.
• 48-510: Oath of officers.
• 48-511: Enlistments; term; oath.
• 48-512: Articles of war; freedom from arrest; jury duty.
• 48-513: Invalidity of part.
• 48-514: Short title.
• 48-515: Compensation of members.
• 48-516: Same; schedule of pay after July 1, 1943.
• 48-517: Reemployment of persons called to duty, when required.

• 48-501: Authority and name. Whenever any part of the national guard of this state is in active federal service, the governor is hereby authorized to organize and maintain within this state during such period, under such regulations as the secretary of defense of the United States may prescribe for discipline in training, such military forces as the governor may deem necessary to defend this state. Such forces shall be composed of officers commissioned or assigned, and such able-bodied citizens of the state as shall volunteer for service therein, supplemented, if necessary, by members of the unorganized militia enrolled by draft or otherwise as provided by law. Such forces shall be additional to and distinct from the national guard and shall be known as the Kansas state guard. Such forces shall be uniformed.

        History:   L. 1941, ch. 275, § 1; L. 1975, ch. 52, § 18; July 1.

• 48-502: Organization; rules and regulations. The governor is hereby authorized to prescribe rules and regulations not inconsistent with the provisions of this act governing the enlistment, organization, administration, equipment, maintenance, training and discipline of such forces: Provided, Such rules and regulations, insofar as the governor deems practicable and desirable, shall conform to existing law governing and pertaining to the national guard and the rules and regulations promulgated thereunder, and shall prohibit the acceptance of gifts, donations, gratuities or anything of value by such forces or by any members of such forces from any individual, firm, association, or private corporation by reason of such membership.

        History:   L. 1941, ch. 275, § 2; March 20.

• 48-503: Pay and allowances; training assemblies and camps; hazardous duty. Members shall receive such pay and allowances as shall be provided by statute for training assemblies and camps; and when on state active duty not in the service of the United States they shall receive such pay and allowances, immunities and compensation for death and disability for hazardous duty as defined by statute for the Kansas army and air national guard when on active duty for the state.

        History:   L. 1941, ch. 275, § 3; L. 1968, ch. 167, § 1; March 26.

• 48-504: Requisitions; armories; other buildings. For the use of such forces, the governor is hereby authorized to requisition from the secretary of war such arms and equipment as may be in possession of and can be spared by the war department; and to make available to such forces the facilities of state armories owned or leased and their equipment and such other state premises and property as may be available.

        History:   L. 1941, ch. 275, § 4; March 20.

• 48-505: Use without state, when. Such forces shall not be required to serve outside the boundaries of this state except that any organization, unit or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this state into another state until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons: Provided, Such other state shall have given authority by law for such pursuit by such forces of this state.

        Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of the forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which such person is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.

        History:   L. 1941, ch. 275, § 5; March 20.

• 48-506: Permission to forces of other states. Any military forces or organization, unit or detachment thereof, of another state who are in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons and are hereby authorized to arrest or capture such persons within this state while in fresh pursuit.

        Any such person who shall be captured or arrested by the military forces of such other state while in this state shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful, and nothing contained in this section shall be deemed to repeal any of the provisions of the uniform act on the fresh pursuit of criminals.

        History:   L. 1941, ch. 275, § 6; March 20.

• 48-507: Federal service. Nothing in this act shall be construed as authorizing such forces, or any part thereof, to be called, ordered or in any manner drafted, as such, into the military service of the United States, but no person shall by reason of his enlistment or commission in any such forces be exempted from military service under any law of the United States.

        History:   L. 1941, ch. 275, § 7; March 20.

• 48-508: Civil groups. No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in such forces as an organization or unit.

        History:   L. 1941, ch. 275, § 8; March 20.

• 48-509: Disqualifications. No person shall be commissioned or enlisted in such forces who is not a citizen of the United States or who has been dishonorably discharged from any military or naval organization of this state, or of another state, or of the United States.

        History:   L. 1941, ch. 275, § 9; March 20.

• 48-510: Oath of officers. The oath to be taken by officers commissioned in such forces shall be substantially in the form prescribed for officers of the national guard, substituting the words "Kansas state guard" where necessary.

        History:   L. 1941, ch. 275, § 10; March 20.

• 48-511: Enlistments; term; oath. Enlistments in the Kansas state guard shall be for two years, except that any person who has served a complete enlistment in the armed forces of the United States, the national guard, or the state guard may enlist for one year. The oath to be taken upon enlistment in such forces shall be substantially in the form prescribed for persons enlisted in the national guard, substituting the words "Kansas state guard" where necessary.

        History:   L. 1941, ch. 275, § 11; L. 1943, ch. 202, § 1; L. 1975, ch. 52, § 19; July 1.

• 48-512: Articles of war; freedom from arrest; jury duty. (a) Whenever such forces or any part thereof shall be ordered out for active service, the articles of war of the United States applicable to members of the national guard of this state in relation to courts-martial, their jurisdiction and the limits of punishment and the rules and regulations prescribed thereunder shall be in full force and effect with respect to the Kansas state guard.

        (b)   Whenever such forces or any part thereof shall be ordered out for service of any kind, they shall have all powers, duties and immunities of peace officers of the state of Kansas in addition to all powers, duties and immunities now otherwise provided by law.

        (c)   No officer or enlisted person of such forces shall be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from a place where he or she is ordered to attend for military duty.

        Every officer and enlisted person of such forces shall, during service therein, be exempt from service upon any posse comitatus and from jury duty.

        History:   L. 1941, ch. 275, § 12; March 20.

• 48-513: Invalidity of part. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

        History:   L. 1941, ch. 275, § 13; March 20.

• 48-514: Short title. This act may be cited as the state guard act.

        History:   L. 1941, ch. 275, § 14; March 20.

• 48-515: Compensation of members. Whenever the state guard, or any portion thereof, is called into the active military service of the state, the officers and enlisted persons shall receive the same rate of pay as is provided for officers and enlisted persons of like grades in the army of the United States.

        History:   L. 1941, ch. 276, § 1; April 9.

• 48-516: Same; schedule of pay after July 1, 1943. Members of the Kansas state guard after July 1, 1943, who are actually present and participate in regular weekly drills provided for by law or regulations, for not less than one and one-half hours, shall receive the following schedule of pay: For each of no more than five such weekly periods in any one month; private, sixty cents; private first class, seventy cents; corporal, eighty cents; sergeant, ninety-five cents; staff sergeant and first sergeant, one dollar; second lieutenant, one dollar and twenty-five cents; first lieutenant, one dollar and fifty cents; captain, two dollars and fifty cents. The rate of pay for a technician fifth grade will be the same as that of a corporal; the rate of pay for a technician fourth grade and a technician third grade will be the same as that of a sergeant.

        History:   L. 1943, ch. 203, § 1; July 1.

• 48-517: Reemployment of persons called to duty, when required. (a) Any person who is called or ordered to active duty by the state, whether such person is a member of the Kansas national guard, Kansas air national guard, the Kansas state guard or other military force of this state and who gave notice thereof to the person's employer, upon satisfactory performance of and release and return from such military duty or recovery from disease or injury resulting therefrom, under honorable conditions, shall be reinstated in or restored to the position of employment, except a temporary position, which the person held at the time the person was called to duty. The person shall report to the person's place of employment within 72 hours after release from duty or recovery from disease or injury resulting therefrom, as the case may be, and the person's employer or the employer's successor in interest, whether an agency of the state, a political subdivision of the state or a private employer, shall reinstate or restore the person in the same position which the person left at the time of the person's call to duty at no less compensation than that which the person was receiving at the time of the person's call to duty or to a position of like seniority, status and pay. However, if the person is not qualified to perform the duties of the same position by reason of disability sustained during the person's call to duty but is qualified to perform another position in the employ of the employer or the employer's successor, the employer or the employer's successor in interest shall employ such person in another position, the duties of which the person is qualified to perform, that will provide like seniority, status and pay or the nearest approximation thereof consistent with the circumstances of the case. Any person called to duty shall receive, upon release under honorable conditions, documentation of honorable service to the state, as provided by the adjutant general.

        (b)   Any person who is restored to the person's position in accordance with the provisions of subsection (a) shall be considered as having been on temporary leave of absence during the period for which the person is called to active duty, shall be restored without loss of seniority, shall be entitled to participate in any benefits offered by the employer pursuant to established rules and practices relating to employees on leave of absence in effect with the employer at the time the person was called to duty as provided herein and shall not be discharged from the person's position without cause within one year after restoration to the position.

        (c)   It is understood and declared to be the intent of this section that any person who is restored to a position in accordance with the provisions of subsections (a) and (b) shall be restored in such manner as to give the person such status in the person's employment as the person would have enjoyed if the person had continued in such employment continuously from the time of the person's answering the call to state duty until the time of the person's restoration to such employment.

        (d)   An application on behalf of a person claiming to be entitled to any right or benefit under this section may be made to the attorney general. If the attorney general is reasonably satisfied that the person is entitled to the right or benefit sought, the attorney general may appear on behalf of and act as attorney for the person on whose behalf the application is submitted and may commence an action in the district court of the county for appropriate relief for the person. The district court of the county where the employer of a person claiming a right or benefit under this section, or the successor in interest to such employer, maintains a place of business shall have jurisdiction of any action filed by or on behalf of such person. If the court determines that the employer or the employer's successor in interest has failed to comply with the provisions of this section, the court may order the employer or the employer's successor in interest to: (1) Comply with the provisions of this section; and (2) compensate the person for any loss of wages or benefits suffered by reason of the failure of the employer or employer's successor in interest to comply with the provisions of this section. In addition, the court may order the employer or the employer's successor in interest to pay the person an additional amount equal to the amount authorized by subsection (d)(2) if the court determines that the employer or the employer's successor in interest willfully failed to comply with the provisions of this section. No fees or court costs shall be taxed against any person commencing an action under this subsection. The employer or the employer's successor in interest shall be deemed the only necessary party defendant to any such action.

        (e)   In any case in which two or more persons who are entitled to be restored to a position under the provisions of this section or of any law relating to similar reemployment or reinstatement benefits left the same position in order to enter the state call to duty, the person who left the position first shall have the prior right to be restored thereto, without prejudice to the reemployment rights of the other person or persons to be restored.

        (f)   Upon request, the adjutant general shall provide technical assistance to any person claiming to be entitled to any right or benefit under this section and, when appropriate, to the employer or employer's successor in interest. The adjutant general shall investigate the person's claim and attempt to resolve the claim by making reasonable efforts to ensure that the employer or employer's successor in interest complies with the provisions of this section. If such efforts are not successful, the adjutant general shall notify the person of the results of the investigation and the person's entitlement to proceed as provided by subsection (d).

        (g) (1)   An employer or an employer's successor in interest shall not be required to reemploy a person under this section if:

        (A)   The circumstances of the employer or the employer's successor in interest have so changed as to make reemployment of the person impossible or unreasonable;

        (B)   reemployment of the person would impose an undue hardship on the employer or the employer's successor in interest; or

        (C)   the employment from which the person leaves to serve in military duty is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.

        (2)   As used in subsection (f)(1), "undue hardship" means actions requiring significant difficulty or expense, when considered in light of:

        (A)   The nature and cost of the action needed under this act;

        (B)   the overall financial resources of the facility or facilities involved in the provision of the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility;

        (C)   the overall financial resources of the employer or the employer's successor in interest; the overall size of the business of the employer or the employer's successor in interest with respect to the number of employees; the number, type and location of its facilities; and

        (D)   the type of operation or operations of the employer or the employer's successor in interest, including the composition, structure and functions of the work force of such employer or successor in interest; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the employer or successor in interest.

        History:   L. 1996, ch. 137, § 1; July 1.