Kansas Statutes 48-1205. Emergency interim successors for state officers
Terms Used In Kansas Statutes 48-1205
- Attack: means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage, bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or methods. See Kansas Statutes 48-1203
- Emergency interim successor: means a person designated pursuant to this act, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office. See Kansas Statutes 48-1203
- Office: includes all state and local offices, the powers and duties of which are defined by the constitution, statutes, charters, and ordinances, except the office of governor, and except those in the legislature and the judiciary. See Kansas Statutes 48-1203
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Unavailable: means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his or her duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. See Kansas Statutes 48-1203
In the event any state officer is unavailable following an attack, then, the governor (or other official authorized under the constitution and this act to exercise the powers and discharge the duties of the office of governor) shall designate an emergency interim successor. In the event that any state officer is unavailable following an attack, and in the event his or her deputy, if any, is also unavailable the said powers of his or her office shall be exercised and said duties of the office shall be discharged by the designated emergency interim successor. Such emergency interim successor shall exercise said powers and discharge said duties until such time as the governor under the constitution or authority other than this act (or other official authorized under the constitution or this act to exercise the powers and discharge the duties of the office of governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed or elected and qualified as provided by law; or an officer (or his or her deputy) becomes available to exercise or assume to exercise the powers and discharge the duties of the office.