59-2708. Presumptive death in cases of catastrophic events, disasters, states of emergency or states of war emergency; requirements; definitions.
59-2708
59-2708. Presumptive death in cases of catastrophicevents, disasters, states of emergency or states of war emergency;requirements; definitions.(a) In cases of catastrophic events, disasters, states ofemergency or states of war emergency, the death of persons whose bodiescould not be found or identified shall be established according to thefollowing procedure:
(1) The governor or president of the United States or both shall havedeclared a state of emergency or state of war emergency.
(2) An absentee shall be presumed dead immediately after the catastrophicevent if:
(A) The absentee's body could not be recovered due to the nature of thecatastrophic event; and
(B) evidence presented to a court of proper jurisdiction places the absenteeat the site of the catastrophic event on the date and at the time of the event.
(3) Upon a finding of presumptive death, the district court shall order thecoroner in the county in which death occurred to prepare a death certificatewith the cause of death identified as due to the catastrophic event inaccordance with K.S.A. 65-2412(c) and 65-2414, and amendmentsthereto.
(4) Upon receipt of the death certificate the office of vital statisticsshall register and make available for issuance certified copies of the deathcertificate in accordance with K.S.A. 65-2401 et seq.
(5) If pertinent new information is received by the court, pursuant to acourt order, the presumptive death certificate may be amended in accordancewith K.S.A. 65-2422c. In a case where the absentee is found to be alive, thepresumptive death certificate shall be rescinded.
(6) The secretary of the department of health and environment may by rule andregulation prescribe forms and procedures to implement the provisions of thisact.
(b) For the purposes of this act:
(1) "Catastrophic event" means a disaster that will require massive state orfederal assistance, or both, including immediate military involvement.
(2) "Disaster" means any natural, technological or civil emergency thatcauses damage of sufficient severity and magnitude to result in a declarationof a state of emergency by the governor or president of the United States or astate of war emergency by the president of the United States.
(3) "State of emergency" means the declaration of the existence of conditionsof disaster, catastrophe or extreme peril to the safety of persons or propertywithin the state caused by air or water pollution, fire, flood, storm,epidemic, earthquake, resource shortages or other natural or man-madeconditions other than conditions causing a "state of war emergency", whichconditions by reasons of their magnitude are or are likely to be beyond thecontrol of the services, personnel, equipment and facilities of any singlecounty or municipality, or both, and requires combined forces of the state tocombat.
(4) "State of war emergency" means the condition which existsimmediately,with or without a declaration by the governor, whenever this state or nation isattacked by an enemy of the United States or upon receipt by the state of awarning from the federal government indicating an action against persons orsociety including but not limited to, emergency attack, sabotage, terrorism,civil unrest or other action impairing the orderly administration of governmentis probable or imminent.
History: L. 2002, ch. 71, § 2; July 1.