48-203. Commander in chief; chief of staff; rank; qualifications; compensation; aides-de-camp.
48-203
48-203. Commander in chief; chief of staff; rank;qualifications; compensation; aides-de-camp.The governor shall be commander in chief of the militiaand shall have supreme command of the military forces of thestate while in the service of the state or until they are ordered oraccepted into the services of the United States. While the military forcesare in the service ofthe state, the governor, subject to the provisions offederal law, may muster out any national guard organization of the state,discharge any enlisted person who is a member of the statenational guard organization or cause any commissioned officer to be summonedand discharged if the officer persists inwillfully neglecting the duties of the officer's office or fails toproperly account for public property or money in the officer'spossessionas an officer. The resignation of officers of the national guard shallbe accepted by the governor's order before they are discharged frommilitary service of the state.
No armed military force from another state or territory shall bepermitted to enter the state without the governor's permission unless themilitary force is part of the United States army or is acting underthe authority of the United States. No independent militaryorganization, except a corps of cadets at an educationalinstitution, shall be permitted to bear arms without first securingpermission from the commander in chief. The governor shall appoint, subjectto confirmation by the senate as provided in K.S.A. 75-4315b,one adjutant general with the rankof major general, who shall be chief of staff.Except as provided by K.S.A. 46-2601, and amendments thereto, no personappointed as adjutant general shall exercise any power, duty or function asadjutant general until confirmed by the senate.The person appointed shall haveservedat least five years as a commissioned officer in the Kansas nationalguard and shall have been an officer in the armed forces ofthe United States. The adjutant general shall receive an annual salary fixedby the governor. The governor may promote, subject to confirmation by thesenate as provided in K.S.A. 75-4315b, any adjutant general who hasservedat least 15consecutive years as adjutant general in Kansas to the rank oflieutenant general.
The governor may also detail 12aides-de-camp from among the officers of the Kansas national guard orthe Kansas state guard, or appoint such aides-de-camp from among Kansasex-servicepersonnel, or reserve personnel of the United States army, air force,navy or marine corps, each with the simulated rank of lieutenant colonelin the Kansas national guard.While serving as aides-de-camp, such personnel may wear either theuniform and insignia of any military service to which they are entitledor the uniform and insignia of lieutenant colonel of the Kansas nationalguard.
The term of office of officers appointed pursuant to this section shall beduring the pleasure of the governor appointing them and until theirsuccessors are appointed and confirmed.
History: L. 1901, ch. 255, § 3;L. 1903, ch. 359, § 1, (3);L. 1905, ch. 303, § 1, (3);L. 1907, ch. 248, § 1, (3);L. 1921, ch. 206, § 3;R.S. 1923, 48-203;L. 1931, ch. 223, § 1;L. 1933, ch. 286, § 14;L. 1937, ch. 329, § 5;L. 1943, ch. 274, § 1;L. 1947, ch. 416, § 2;L. 1949, ch. 297, § 1;L. 1953, ch. 259, § 1;L. 1957, ch. 307, § 1;L. 1961, ch. 258, § 1;L. 1969, ch. 267, § 1;L. 1970, ch. 208, § 1;L. 1982, ch. 347, § 21;L. 2008, ch. 121, § 6; July 1.