48-945. Declaration of state of emergency; exemption of drivers of utility service vehicles from certain requirements. - Kansas Statutes

48-945

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 9.--EMERGENCY PREPAREDNESS FOR DISASTERS

      48-945.   Declaration of state of emergency; exemptionof drivers of utility service vehicles from certain requirements.(a) Upon application by any utility, the division ofemergencymanagementmay declare a state of emergency in all or any part of the statewhenever conditions existwhich constitute an emergency, as defined in 49 CFR 390.5, as in effect on theeffective date ofthis act or such later version as adopted by rules and regulations of the statecorporationcommission pursuant to K.S.A. 66-1,129, and amendments thereto, subject to thefollowing:

      (1)   The state of emergency shall be deemed to exist solely for thepurpose ofexempting drivers of utility service vehicles, as defined in 49 CFR 395.2, asin effect on theeffective date of this act or such later version as adopted by rules andregulations of the statecorporation commission pursuant to K.S.A. 66-1,129, and amendments thereto,from limitationson hours of service prescribed by rules and regulations of the statecorporation commission; and

      (2)   the exemption shall be subject to the conditions and limitations providedby 49 CFR390.23, as in effect on the effective date of this act or such later version asadopted by rules andregulations of the state corporation commission pursuant to K.S.A. 66-1,129,and amendmentsthereto, for exemptions pursuant to that regulation.

      (b)   The adjutant general may adopt rules and regulations to implement theprovisions ofthis section.

      (c)   This section shall be part of and supplemental to the Kansas emergencymanagementact.

      History:   L. 2005, ch. 65, § 1; Apr. 14.