48-1203. Definitions. - Kansas Statutes

48-1203

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 12.--EMERGENCY INTERIM EXECUTIVE AND JUDICIAL SUCCESSION ACT

      48-1203.   Definitions.Unless otherwise clearly required by the context, as used in this act:

      (a)   "Unavailable" means either that a vacancy in office exists and thereis no deputy authorized to exercise all of the powers and discharge theduties of the office, or that the lawful incumbent of the office (includingany deputy exercising the powers and discharging the duties of an officebecause of a vacancy) and his or her duly authorized deputy are absent or unableto exercise the powers and discharge the duties of the office.

      (b)   "Emergency interim successor" means a person designated pursuant tothis act, in the event the officer is unavailable, to exercise the powersand discharge the duties of an office until a successor is appointed orelected and qualified as may be provided by the constitution, statutes,charters and ordinances or until the lawful incumbent is able to resume theexercise of the powers and discharge the duties of the office.

      (c)   "Office" includes all state and local offices, the powers and dutiesof which are defined by the constitution, statutes, charters, andordinances, except the office of governor, and except those in thelegislature and the judiciary.

      (d)   "Attack" means any action or series of actions taken by an enemy ofthe United States resulting in substantial damage or injury to persons orproperty in this state whether through sabotage, bombs, missiles,shellfire, or atomic, radiological, chemical, bacteriological, orbiological means or other weapons or methods.

      (e)   "Political subdivision" includes counties, cities, townships,districts, authorities, and other public corporations and entities whetherorganized and existing under charter or general law.

      History:   L. 1961, ch. 423, § 3; June 30.