LOCAL RESCUE PROGRAMS -- STATE AND LOCAL SEARCH AND RESCUE PROGRAMS

KRS tit. V, ch. 39F

in effect

KRS 39F.010 Definitions for chapter

39F.010. Definitions for chapter The following definitions apply in this chapter unless the context otherwise requires: (1) "Developmental disability" has the same meaning as in KRS 387.510; (2) "General rescue squad" means a rescue squad which performs one (1) or more of the following functions as a stated mission of the organization: (a) Light duty rescue; (b) Extrication of persons from vehicles; (c) Water rescue and recovery operations not utilizing divers; (d) Search for lost, trapped, or missing persons not utilizing dogs; (e) Low angle rescue and recovery operations; and (f) High angle rescue and recovery operations; (3) "Impaired person" means a person who has a known or reported: (a) Developmental disability, including but not limited to autism, or traumatic brain injury and whose disappearance poses a credible threat to the health or safety of the person, as determined by the Department of Kentucky State Police or a local law enforcement agency; or (b) Physical, mental, or cognitive impairment or organic brain disorder, including but not limited to Alzheimer's disease, and whose disappearance poses a credible threat to the health or safety of the person, as determined by the Department of Kentucky State Police or a local law enforcement agency; (4) "Reports and notification" means the reporting and notification of any search and rescue mission to the appropriate agency or person in the manner as specified by this chapter; (5) "Rescue" means gaining access, rendering appropriate care, and transporting of a person or persons by whatever means, to a safe environment for appropriate care; (6) "Rescue squad" means any organization which engages in the search for lost persons, rescue of persons, rescue of persons who are trapped or who are in need of rescue services, search for and recovery of drowned persons, or any other rescue related activity. "Rescue squad" shall not include the rescue of persons from a fire by a fire department, the extrication of persons from a vehicle or other activities which an emergency medical technician, emergency medical technician first responder, or paramedic is authorized to perform pursuant to applicable statutes and administrative regulations, if the activities are performed by a person for an ambulance service or in the role of a first responder. If these activities are performed other than as a first responder or in the role of an ambulance service and are involved in rescue operations, they come within the purview of activities of a rescue squad; (7) "Search" means the process of looking for a person or persons whose location is not precisely known, and who may be in distress; (8) "Search and rescue" ("SAR") means the process of looking for a lost, missing, or overdue person or persons who may be in distress, and rendering care with the use of appropriately trained and adequately equipped personnel; (9) "Search and rescue mission" includes, but is not limited to, searching for a missing or lost person or persons, cave rescue, high angle or rough terrain rescue, urban search and rescue, dive rescue and recovery of drowning victims, inland water search, rescue, and recovery. "Search and rescue" may also include any mission permitted pursuant to this chapter. A "search and rescue mission" does not include mine rescue missions under the jurisdiction of the Department for Natural Resources pursuant to KRS Chapter 351; (10) "Specialized rescue squad" means a rescue squad which performs one (1) or more of the following functions as the primary or sole mission of the organization: (a) Cave rescue; (b) Search utilizing dogs for lost, trapped or missing persons; (c) Search for lost, trapped or missing persons, aircraft, or vehicles, utilizing aircraft, but does not apply to licensed air ambulances, active or reserve military organizations, the National Guard, or the Civil Air Patrol; and (d) Water rescue and recovery operations utilizing divers; (11) "Traumatic brain injury" has the same meaning as in KRS 211.470; (12) "Veteran at risk" means a veteran or an active-duty member of the Armed Forces, the National Guard, or a military reserve component of the United States who is known to have a physical or mental health condition, to include post-traumatic stress disorder (PTSD), that is related to his or her service; and (13) "Victim recovery" means the search for and the removal to the jurisdiction of the coroner of the remains of a person known or believed to be dead. If the person is found alive, it includes rescue of the person. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 54, sec. 1, effective June 27, 2019. -- Amended 2012 Ky. Acts ch. 106, sec. 2, effective July 12, 2012. -- Amended 2008 Ky. Acts ch. 109, sec. 1, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 123, sec. 10, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 226, sec. 83, effective July 15, 1998. Legislative Research Commission Note (7/12/2012). 2012 Ky. Acts ch. 106, sec. 6, provides that Sections 2 to 5 of the Act, which included an amendment to this statute, shall be known as the "Chase McMurray Act." Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 109, sec. 4, provides that Sections 1 to 3 of this Act, which included an amendment to this statute, shall be known as the "Golden Alert Bill."

KRS 39F.020 Rescue squads -- Formation -- Authorization to operate within a jurisdiction -- Functions -- Public notification of lost or missing impaired persons

39F.020. Rescue squads -- Formation -- Authorization to operate within a jurisdiction -- Functions -- Public notification of lost or missing impaired persons (1) Rescue squads may be formed and duly authorized to perform in the public interest. Authorization to operate within a jurisdiction may be granted by the chief elected official of each urban-county government, charter county government, county, or city which the squad proposes to serve. Rescue squads shall have a formal affiliation with the local disaster and emergency services organization. The statement of affiliation shall be renewed annually. (2) Except as provided in KRS 39F.040, a rescue squad shall be composed of at least twelve (12) active members and shall maintain at least one (1) vehicle dedicated to rescue service. Squads may operate in conjunction with a fire division, or may operate as a separate unit. (3) Each rescue squad shall develop and maintain bylaws and written procedures to specify, at a minimum, election or appointment, succession, and term of officers; financial accounting; property accountability; and rules of notification and response to emergencies. (4) Rescue squads shall contribute to public safety and welfare by performing functions which may include but not be limited to: removal of victims trapped in vehicles or structures; search for lost or missing persons or missing impaired persons, except those sought for criminal acts; first aid; emergency evacuation; recovery of drowning victims; recovery of any corpse if not accessible by ambulance or hearse and if so authorized by the coroner; and traffic control at an accident scene when requested by law enforcement authorities. Rescue squads organized for the purpose of searching for lost or missing persons which are searching for an impaired person shall work in cooperation with local media outlets to notify the public that an impaired person is lost or missing. Rescue squads shall not engage in law enforcement activities other than traffic control. (5) The division shall administer funds appropriated for rescue equipment and training and the division shall promulgate administrative regulations to be applied to all rescue squads that apply for financial assistance. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 106, sec. 3, effective July 12, 2012. -- Amended 2008 Ky. Acts ch. 109, sec. 2, effective July 15, 2008. -- Created 1998 Ky. Acts ch. 226, sec. 84, effective July 15, 1998. Legislative Research Commission Note (7/12/2012). 2012 Ky. Acts ch. 106, sec. 6, provides that Sections 2 to 5 of the Act, which included an amendment to this statute, shall be known as the "Chase McMurray Act." Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 109, sec. 4, provides that Sections 1 to 3 of this Act, which included an amendment to this statute, shall be known as the "Golden Alert Bill."

KRS 39F.030 Regional or statewide specialized rescue services -- Alternative affiliations agreement and alternative vehicle and equipment requirements

39F.030. Regional or statewide specialized rescue services -- Alternative affiliations agreement and alternative vehicle and equipment requirements (1) A rescue squad which proposes to provide regional or statewide specialized rescue services may apply to the director for an alternative affiliation agreement and alternative vehicle and equipment requirements in lieu of those specified in KRS 39F.120 under the following terms and conditions: (a) The rescue squad meets all of the requirements specified in KRS 39F.120 except for a local affiliation agreement, vehicle dedicated solely to rescue service, or possession of basic rescue equipment. (b) The director accepts, in writing, that the rescue squad will provide a needed rescue service either on a regional or statewide basis. (c) The rescue squad and the director execute an affiliation agreement containing the same information required in KRS 39F.120 for a local affiliation agreement. (d) The rescue squad maintains specialized rescue equipment appropriate to its mission as specified in the affiliation agreement or an annex thereto. (e) The requirement for a vehicle dedicated solely to rescue service may be waived, in writing, by the director upon determination that having a specific vehicle may be inappropriate to the mission of the rescue squad and that the rescue squad has adequate means of transportation enabling it to respond in an efficient manner. (f) The rescue squad, when requested to provide services, shall immediately notify and coordinate activities with the local director and with the local rescue squads serving the county in which the response is requested. (2) Agreements specified in subsection (1) of this section shall be renewed annually. (3) Rescue squads participating in the alternative program specified in this section shall be eligible to participate in rescue grant funding, state sponsored workers' compensation, training, and other programs of the division. (4) Rescue squads operating under an agreement pursuant to this section may respond in any county covered by the agreement, or statewide if the agreement permits. Rescue squads covered under an agreement pursuant to this section may respond in counties not covered by the agreement only by request of the rescue squad or public officials in that county or upon request of the director or his designee. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 85, effective July 15, 1998.

KRS 39F.040 Specialized squad using search dogs -- Requirements -- Organization of general rescue squad

39F.040. Specialized squad using search dogs -- Requirements -- Organization of general rescue squad (1) One or more persons with search dogs and handlers may constitute a specialized rescue squad using search dogs, under the terms and conditions as specified in writing by the director; (2) Each handler of a dog shall have a vehicle available for the transportation of the dog and handler to the scene of a search; (3) Each handler shall meet the training requirements of the statutes and administrative regulations relating to searching with dogs; (4) The primary dog utilized in responding to the search shall be certified in accordance with the statutes and administrative regulations; (5) Each handler shall have the equipment required by statute or administrative regulation for searching with dogs; and (6) No single search dog handler shall engage in general rescue squad activity or specialized rescue squad activity unless he or she is a member of such an organization. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 86, effective July 15, 1998.

KRS 39F.050 Organization of general rescue squad

39F.050. Organization of general rescue squad (1) A general rescue squad shall be organized pursuant to KRS 39F.020 or 39F.030 and shall engage in one or more of the activities listed in the definition of a general rescue squad. A general rescue squad may engage in any other activity, other than ones prohibited by law or administrative regulation, if the activity is specified in its mission statement. (2) A general rescue squad shall not engage in a specialized rescue squad activity as a primary mission unless it meets the requirements of subsection (3) of this section. A general rescue squad may engage in a specialized rescue squad activity as an initial responding unit within its service area, however, upon responding to such an activity, the highest officer in command of the response shall cause the immediate notification of the appropriate specialized rescue squad, the local director, and the duty officer of the Division of Emergency Management. (3) A general rescue squad may engage in a specialized rescue squad activity if: (a) That activity is specified in its mission statement; (b) The rescue squad has twelve (12) persons including a commanding officer from within its membership of the rescue squad whose mission statement is to engage in the specialized rescue squad activity; (c) The persons assigned to the specialized rescue squad activity meet the training requirements specified by statute and by administrative regulation; (d) The rescue squad has the equipment required by administrative regulation to engage in the specialized rescue squad activity listed in its mission statement; and (e) The rescue squad has a vehicle for transporting the required equipment to the scene. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 87, effective July 15, 1998.

KRS 39F.060 Activities permitted for general and specialized rescue squads

39F.060. Activities permitted for general and specialized rescue squads (1) A general rescue squad may engage in general and any specialized rescue squad activity utilizing one or more vehicles that hold all of the equipment required for both the general and specialized rescue squad activities specified in its mission statement. (2) A specialized rescue squad may engage in one or more specialized rescue squad activities or general rescue squad activities utilizing one or more vehicles that hold all of the equipment required for the specialized, or general and specialized, rescue squad activities specified in its mission statement. (3) The director may waive, in writing, the requirement, upon good cause shown, and upon written alternative plan submitted by a specialized rescue squad showing that adequate response equipment can be transported to the scene in an efficient manner without the necessity for a squad-owned vehicle. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 88, effective July 15, 1998.

KRS 39F.070 Specialized rescue squad -- Activities permitted

39F.070. Specialized rescue squad -- Activities permitted (1) A specialized rescue squad shall engage in one or more of the activities listed in the definition of a specialized rescue squad. A specialized rescue squad may engage in any other activity, other than the ones prohibited by law or administrative regulation, if the activity is specified in its mission statement. (2) A specialized rescue squad shall not engage in a general rescue squad activity as a primary mission unless it meets the requirements of subsection (3) of this section. A specialized rescue squad may engage in a general rescue squad activity as an initial responding unit within its service area, however, upon responding to that activity, the highest officer in command of the response shall cause the immediate notification of the appropriate general rescue squad for assistance, the local director, and the duty officer of the Division of Emergency Management. (3) A specialized rescue squad may engage in a general rescue squad activity if: (a) That activity is specified in its mission statement; (b) The rescue squad has twelve (12) persons including a commanding officer from within the membership of the specialized rescue squad whose mission statement is to engage in the general rescue squad activity; (c) The persons assigned to the general rescue squad activity meet the training requirements specified by statute and administrative regulation; (d) The rescue squad has the equipment required by administrative regulation to engage in general rescue squad activity as listed in its mission statement; and (e) The rescue squad has a vehicle for transporting the required equipment to the scene. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 89, effective July 15, 1998.

KRS 39F.080 State coordinator for search and rescue -- Appointment and duties

39F.080. State coordinator for search and rescue -- Appointment and duties The director of the Division of Emergency Management shall appoint a state coordinator of search and rescue, who shall: (1) Identify, inventory, and coordinate resources available for searches and rescues; (2) Investigate and apply for grants and other financial assistance for searches and rescues; (3) Maintain statistics regarding searches and rescues; (4) Coordinate assistance during searches and rescues; (5) Act as liaison with other states' operations involving searches and rescues; (6) Provide assistance, upon request, during searches and rescues; (7) Prepare a plan for searches and rescues; (8) Prepare and distribute publications relating to searches and rescues; (9) Establish, by administrative regulation, recommendations for organizations specializing in search and rescue, and certify organizations which meet those recommendations at the appropriate level; (10) Maintain a list of all certified organizations and resources; (11) Coordinate training in techniques of search and rescue; and (12) Coordinate requests for federal assistance with the Air Force Rescue Coordination Center. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 90, effective July 15, 1998.

KRS 39F.090 Coordinating and planning responsibility

39F.090. Coordinating and planning responsibility (1) The local search and rescue coordinator of each political subdivision, appointed in accordance with KRS 39F.200, shall be responsible for coordinating and planning for local search and rescue activities. Operation of search and rescue activities shall be in accordance with the Kentucky Emergency Operations Plan, and the local emergency operations plan approved by the elected chief executives of each local political subdivision. The local search and rescue coordinator shall notify the duty officer of the Division of Emergency Management of all search and rescue missions. The local search and rescue coordinator shall work in a coordinating capacity directly supporting all search and rescue activities in that political subdivision, and in registering emergency search and rescue workers. The chief of the appropriate law enforcement agency of each political subdivision may, upon request of the local director or local search and rescue coordinator, restrict access to a specific search and rescue area to personnel authorized by the local director. Access shall be restricted only for the period of time necessary to accomplish the search and rescue mission. An unauthorized person shall not interfere with a search and rescue mission. (2) When search and rescue activities result in the discovery of a deceased person or search and rescue workers assist in the recovery of human remains, the chief law enforcement officer of the political subdivision shall insure compliance with the provisions of KRS Chapter 72. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 91, effective July 15, 1998.

KRS 39F.100 Rescue Aid Program -- Purpose

39F.100. Rescue Aid Program -- Purpose The Rescue Aid Program, which is administered pursuant to this chapter and appropriations in the state budget, is designed to: (1) Reduce and prevent the loss of life by creating a better equipped, trained, and coordinated rescue force throughout the Commonwealth; (2) Upgrade the capabilities of local rescue squads by providing financial assistance to be used to purchase equipment and obtain training; and (3) Encourage the development of rescue squads where none exist. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 92, effective July 15, 1998.

KRS 39F.110 Rescue aid fund -- Duties of director of division -- Local director's responsibilities

39F.110. Rescue aid fund -- Duties of director of division -- Local director's responsibilities (1) The director of the division shall have overall responsibility for policy, guidance, administration, implementation, and proper utilization of the rescue aid fund. (2) The director shall serve as principal liaison between the division and local officials participating in programs affected by the rescue aid fund, and shall ensure proper utilization of the rescue aid fund. (3) The director shall appoint an advisory committee consisting of seven (7) members, including no more than four (4) employees of the staff of the division to assist in making determinations related to rescue grant fund allocations, compliance with fund requirements, releasing equipment to rescue squads, and withdrawal and reallocation of equipment or funds. The members of the committee shall serve at the pleasure of the director, but for no more than four (4) years without reappointment, and shall serve without reimbursement, except when funded through the Emergency Management Assistance Program. The decisions of the committee shall be advisory only and shall not be binding upon the director. (4) The director, with the advice of the advisory committee, shall make determinations relating to rescue grant fund applications, releasing equipment to rescue squads, and withdrawal and reallocation of equipment or funds. (5) Area managers of the division shall fully explain rescue grant opportunities and requirements to local elected officials, local emergency management directors, and local rescue squads; review rescue grant fund applications, documentation and program submissions; and make recommendations to the director. (6) Local emergency management directors shall be responsible for submitting rescue grant fund applications and documentation of expenditures to the division, as required, and shall facilitate and ensure the coordination of local rescue programs to meet the needs of the communities served. (7) The chief officer of the rescue squad shall initiate rescue grant fund applications, submit all applications or documentation to the local emergency management director, and ensure that all funds are expended for items or services as approved. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 93, effective July 15, 1998.

KRS 39F.120 Requirements for rescue grant funding -- Written standard operating procedures -- Bylaws -- Rescue vehicle -- Membership -- Training -- Affiliation -- Service fee prohibited

39F.120. Requirements for rescue grant funding -- Written standard operating procedures -- Bylaws -- Rescue vehicle -- Membership -- Training -- Affiliation -- Service fee prohibited In order to ensure that rescue squads seeking funding under the rescue grant program achieve and maintain compliance with the provisions of this chapter, the following requirements shall be met: (1) Each rescue squad shall develop written bylaws to specify as a minimum: (a) The mission of the rescue squad. (b) The election or appointment, succession, and term of officers. (c) Financial accounting and property accountability. (d) Administrative procedures. (e) Definition of active membership in the squad. (2) Each rescue squad shall develop written standard operating procedures which specify as a minimum: (a) Procedures and rules for notification and response to emergencies. (b) Procedures for all operations and response activities of the squad in accordance with the mission statement. (3) A current copy of the bylaws and a current copy of all standard operating procedures shall be sent by the squad to the division. Amendments to the bylaws and standard operating procedures shall be sent to the division within ten (10) working days of their adoption. The division shall maintain a file of rescue squad bylaws and standard operating procedures. These files shall be public records. Copies of the bylaws and standard operating procedures of the squad, updated as required in this subsection, shall also be sent concurrently to the local emergency management director. (4) Each rescue squad shall have a vehicle dedicated solely to rescue service. The make, model, year, vehicle identification number, and license number of each vehicle used by the squad solely for rescue service shall be supplied to the local emergency management director and to the division. When a new vehicle is put in service, or a vehicle is withdrawn from service, both the local director and the division shall be notified within ten (10) working days. (5) A minimum of twelve (12) persons shall be identified by name as active members of the rescue squad. (6) The active membership list of the rescue squad shall be submitted quarterly to the division through the area manager with a copy of the same list submitted concurrently to the local emergency management director. (7) The active membership list shall be continuously maintained in an accurate and current status by the rescue squad, and shall be available for inspection by state and local government officials, employees, and the public. (8) Rescue squads shall maintain a formal training program appropriate to accomplish the mission of the rescue squad. (a) The training program shall consist of not less than two (2) hours of formal training per month. Actual rescue missions shall not constitute training. (b) To be eligible for continued funding, each squad shall report not less than one hundred sixty-eight (168) man-hours of training for its members annually. This training shall be reported on the incident and training reports submitted pursuant to this chapter. (c) Training at a rescue school provided by an emergency management agency or other appropriate training may be utilized to meet the requirements of subsection (2)(b) of this section. (9) Rescue squads shall be formally affiliated with the local disaster and emergency services organization through the following means: (a) Execution of a city or county order or ordinance, the adoption of a written search and rescue plan pursuant to KRS 39F.190, and the promulgation of a written statement of affiliation as the local charter of authorization signed by the county judge/executive or mayor, the local emergency management director, and the chief rescue officer outlining a specific working agreement. The statement of affiliation shall be subject to annual renewal. No statement of affiliation shall be subject to automatic renewal; it shall be an affirmative process. The document shall include, as a minimum, call out authority, chain of command, the responsibilities of each concerned party, terms and conditions of the local charter of authorization to operate in the jurisdiction, and procedures for revocation of the local charter, and shall be reviewed by the chief elected official of the government signing it and the local director. Both shall certify, if signing the document, that they have reviewed the mission statement of the rescue squad and the statement of affiliation and that they find that the rescue squad possesses: 1. Adequate numbers of trained personnel to perform the mission; 2. Proper and adequate equipment, including at least all of the required equipment specified by administrative regulations of the division, to perform the mission, and that the equipment is in proper working order; 3. A rescue vehicle, dedicated solely to rescue purposes, which is adequate to perform the mission of the squad, and is in proper working order; and 4. Adequate command and control personnel, training, and policies to ensure that the squad can quickly and efficiently respond and perform its mission when called upon. (b) Incorporation, into the statement of affiliation, of a finding by the chief elected official and the local director that, following review of the mission statement of the rescue squad and the statement of affiliation, the rescue squad is performing a function not performed by other agencies of government or private agencies or organizations. If other organizations are performing functions which are listed on the mission statement of the rescue squad, then the statement shall contain reasons why duplication of existing services of other organizations by the rescue squad is necessary; and (c) Incorporation of the responsibilities of the rescue squad into the rescue services annex of the local emergency operations plan or other appropriate annex. (10) If either the chief elected official or the local director declines to sign the statement of affiliation provided for in subsection (9) of this section, the rescue squad shall be without local charter and shall return to the division all equipment purchased with state funds. This return of equipment shall take place within five (5) days of the refusal of either designee to sign the statement of affiliation. Neither the chief elected official nor the local director shall be required to state a reason why they sign or decline to sign a statement of affiliation. (11) When a rescue squad is not independent, but is incorporated within other emergency service agencies or divisions, such as a fire department or fire division, the squad members shall be available for and capable of performing rescue services not incidental to their primary mission. (12) Rescue squads shall maintain a full complement of minimum equipment appropriate to the type of rescue to be undertaken. Minimum equipment lists and other requirements for rescue squads shall be promulgated by the director by administrative regulation. (13) Rescue squads shall not assess fees or charges for any rescue activity. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 94, effective July 15, 1998.

KRS 39F.130 Rescue and project funding -- Application and review process

39F.130. Rescue and project funding -- Application and review process (1) A rescue grant fund project application shall be initiated by the chief rescue officer and forwarded to the local emergency management director. The local director shall review all applications for completeness and accuracy, prioritize and consolidate the applications, and make recommendations thereon. In the absence of a local director, the county judge/executive shall fill this role. (2) The local director shall forward all applications to the area manager of the division, who shall review them, make recommendations thereon, and forward documentation to the director. (3) The director shall forward all applications to the advisory committee. The advisory committee shall meet during the months of April, August, and December on dates announced by the director, to assess applications and compliance and to make recommendations to the director with regard to allocations of funds, assessment of compliance, reallocations of funds, release of equipment, reallocation of equipment, and any other matters assigned by the director. The advisory committee shall: (a) Hold only public meetings; and (b) Maintain written minutes reflecting the actions of the advisory committee. All applications on file and all other matters pending shall be reviewed during each session and recommendations made thereon to the director. (4) Requests for funding shall be evaluated by the following criteria: (a) Meeting the minimum eligibility criteria of KRS 39F.020 or 39F.120 and KRS 39F.030, unless some aspect thereof has been waived as provided in KRS 39C.090. In determining membership eligibility, no person may be counted as a member of more than one (1) rescue squad even though that person may be available to or a member of more than one (1) rescue squad. If possible, a squad of primary membership shall be determined and the person counted as a member of that squad. If this cannot be determined, the person shall not be counted as a member of any rescue squad; (b) Unit and individual training; (c) Number of rescue responses annually; (d) Population served; (e) Geographic area served; (f) Number, type, and location of other rescue squads in the geographic area served; (g) Equipment possessed by the squad; and (h) The extent to which the rescue squad integrates its activities with the local emergency management program of the area served. (5) The advisory committee shall forward the applications together with its recommendations thereon to the director for final decision and allocations of funds. The division's administrative officer shall ensure timely payment of the funds. (6) The director shall maintain written reasons with regard to all funding decisions for a period of one (1) year from the time they are announced. (7) The director shall provide applicants with written decisions with regard to their applications. (8) Decisions and the reasons for any decisions regarding funding shall be made available to any person upon written request. (9) The local emergency management director shall maintain file copies of all applications and decisions thereon for at least five (5) years. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 95, effective July 15, 1998.

KRS 39F.140 Purchase, disposal, and inspection of equipment -- Audit of funds

39F.140. Purchase, disposal, and inspection of equipment -- Audit of funds (1) The rescue squad shall order or purchase with state or federal grant funds only the approved equipment, services, or training, and no other, within fifteen (15) days of the receipt of the grant funds and shall provide a copy of all paid invoices as well as proof of payment, (canceled check, cash paid receipt, or similar document), within ninety (90) days of the receipt of the grant funds. An extension of time periods may be granted for cause upon written application to the director. Requests for time extensions shall be submitted through the local emergency management director to the area manager, for transmittal to the director. The director may grant or deny extensions based upon need. Any funds not encumbered or expended during the grant period shall be returned to the division, unless authorized in writing by the director to make additional purchases with encumbered funds. (2) All equipment purchased with rescue aid funds shall be selected from the minimum equipment list unless an exception is approved by the director. Optional items shall not be approved until all items on the required list have been acquired. (3) The rescue squad shall be accountable to the Commonwealth of Kentucky for all equipment purchased in whole or in part with rescue aid funds, and shall ensure the storage or positioning of all equipment within the geographical boundaries of the Commonwealth at all times, except when being utilized on an out-of-state mission approved by the division. All equipment with a purchase price of three hundred dollars ($300) or more shall be assigned a serial number provided by the division which shall be engraved on the equipment. After five (5) years from the date of purchase, all equipment costing less than three hundred dollars ($300) shall be released to the squad. Equipment costing in excess of three hundred dollars ($300) may be released to the squad after approval has been granted by the director. Squads requesting release of equipment shall define in writing the rationale and justification for the release. (4) Permission to dispose of unserviceable, obsolete, or damaged items, which have not been released to the squad pursuant to subsection (3) of this section, purchased in whole or in part with rescue aid funds, may be granted by the director. Requests for this action shall be submitted through the local emergency management director to the area manager for transmittal to the director. (5) When a rescue squad is disbanded, loses its local charter to operate, or otherwise becomes, in the determination of the director, incapable of performing its duties as provided in KRS 39F.020, all equipment purchased in whole or in part with rescue aid funds, and which has not been released to the squad pursuant to subsection (3) of this section, shall revert to the division for reallocation. If local funds were used to pay for a portion of the equipment or the equipment has depreciated, the squad may return the equipment to the division or repay an amount determined appropriate by the director. The option of repayment shall exist only upon the disbanding, loss of local charter, or determination of inability of the squad to perform its duties. (6) In making determinations with regard to equipment which a rescue squad possesses either for funding or accountability purposes, equipment personally owned by members of a rescue squad shall not be counted for any purpose. Personally owned equipment shall not be used to fulfill the requirements of the minimum equipment list for the squad. (7) Equipment which has been purchased in whole or in part with rescue aid funds, and which has not been released to the squad pursuant to subsection (3) of this section, shall be subject to inspection upon twenty-four (24) hours notice, by the local emergency management director, an area manager, or any other employee of the division. (8) An inspection shall be made when accountable items are reported damaged, in need of replacement, or where there is evidence of misuse. Inspections may also be made upon the request of the local director, an area manager, or the director. (9) An annual inspection of equipment purchased in whole or in part with rescue aid funds, and which has not been released to the squad pursuant to subsection (3) of this section, may be conducted by the local director, or an area manager. The review shall be made to ensure accountability, or proper maintenance and utilization of the equipment. (10) All funds provided pursuant to KRS 39F.100, 39F.110, 39F.120, 39F.130, 39F.140, 39F.150, and 39F.160 shall be subject to state audit and rescue squads shall cooperate fully to provide necessary documentation and other support required for the audit. (11) A rescue squad aggrieved by a decision of the division to withdraw funds or equipment allocated to the rescue squad pursuant to subsection (5) of this section may appeal the decision in the manner provided in KRS 39C.080. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 96, effective July 15, 1998. Legislative Research Commission Note (7/15/98). Although 1998 Ky. Acts ch. 226, sec. 96 had a citation to "Section 94 of this Act" (codified as KRS 39F.120) in subsection (5) of this statute, it is clear from context that Section 84 (codified as KRS 39F.020) was intended, and this manifest clerical or typographical error has been corrected in codification KRS 7.136(1)(h).

KRS 39F.150 Reports of lost, stolen, or damaged equipment or loss of capability to operate -- Quarterly incident and training reports

39F.150. Reports of lost, stolen, or damaged equipment or loss of capability to operate -- Quarterly incident and training reports (1) A report shall be made by the chief officer of the rescue squad to the local director and the area manager of the division within forty-eight (48) hours when: (a) Accountable equipment purchased with rescue aid funds is lost, stolen, or damaged; or (b) The squad is disbanded, loses its local charter to operate, or is otherwise rendered incapable of performing its duties as outlined in this chapter. (2) Local emergency management directors shall maintain a cumulative list of equipment owned by each rescue squad participating in the rescue aid program, denoting those items purchased with rescue aid funds. An updated list shall be submitted to the area manager each time a rescue aid grant application is submitted. (3) Rescue squads participating in the rescue aid program or who receive workers' compensation benefits through the division shall complete quarterly incident and training reports reflecting rescue squad activity or the lack thereof, as appropriate, and submit these reports to the local director and the area manager within ten (10) days from the end of the quarter. The area manager shall transmit the reports together with any comments thereon to the director within ten (10) days of receipt thereof. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 97, effective July 15, 1998.

KRS 39F.160 Rescue squad taxing districts

39F.160. Rescue squad taxing districts (1) A rescue squad taxing district may be created by the fiscal court pursuant to KRS 65.182 or 65.188. (2) The ad valorem tax that may be imposed for the maintenance and operation of the district shall not exceed ten cents ($0.10) for each one hundred dollars ($100) of the assessed valuation of all property in the district. (3) Upon the creation of a district, the district so established shall be a taxing district within the meaning of Section 157 of the Constitution of Kentucky. (4) The district ad valorem taxes shall be collected by the sheriff in the same manner as county ad valorem taxes. The sheriff shall be entitled to a fee of four percent (4%) of the amount of the tax collected for the district. (5) The affairs of the district shall be controlled by a board of directors appointed by the county judge/executive, the mayor of an urban-county, or the chief executive of another local government with the approval of the legislative body of that jurisdiction. (a) If the district consists of one (1) county, three (3) directors shall be appointed; (b) If the district consists of two (2) counties, the county judge/executive of the county having the greater portion of the population of the district shall appoint two (2) directors and the county judge/executive of the other county shall appoint the third director; (c) If the district consists of more than two (2) counties, the county judge/executive of the county having the greatest portion of the population of the district shall appoint two (2) directors and the county judge/executive of the remaining counties comprising the district shall each appoint one (1) director; (d) The legislative body of each city that contains a population equal to or greater than three thousand (3,000) based upon the most recent federal decennial census shall appoint one (1) additional director. If there is not a city within the district that contains a population equal to or greater than three thousand (3,000), then the city with the greatest population based upon the most recent federal decennial census shall appoint one (1) additional director. (6) The board of directors shall be appointed within thirty (30) days after the establishment of the district. Each board member shall reside within the county or city for which appointed. Directors shall be appointed for terms of two (2) years each, except that initially the appointing authority shall appoint a minority of the board members for one (1) year terms. Subsequent terms shall all be for two (2) years. Any vacancies shall be filled by the appointing authority for the unexpired term. (7) A majority of the membership of the board shall constitute a quorum. (8) A member of the board of directors may be removed from office as provided by KRS 65.007. (9) The board of directors shall provide rescue service to inhabitants of the district and may: (a) Purchase vehicles and all other necessary equipment and employ trained personnel who meet all federal and state requirements; (b) Adopt rules and regulations necessary to effectively and efficiently provide rescue service for the district. Rules and regulations shall be consistent with the provisions of this chapter; (c) Employ persons to administer the daily operations of the rescue service; (d) Compensate employees of the district at a rate determined by the board; (e) Apply for and receive available funds from the state and federal government for the purpose of maintaining or improving the rescue service of the district; and (f) Acquire by bequest, gift, grant, or purchase any real or personal property necessary to provide rescue service. (10) A district shall be eligible for grants pursuant to KRS 39F.130 and workers' compensation coverage pursuant to KRS 39F.170. (11) Tax revenues of a rescue squad taxing district shall be used only for rescue services as described in this chapter. Tax revenues of a rescue squad taxing district shall be distributed among all rescue squads in the district in proportion to the percentage of the district's population served by each squad. (12) The board of directors shall comply with the provisions of KRS 65A.010 to 65A.090. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 23, effective January 1, 2015. -- Amended 2013 Ky. Acts ch. 40, sec. 17, effective March 21, 2013. -- Created 1998 Ky. Acts ch. 226, sec. 98, effective July 15, 1998.

KRS 39F.165 Agreement between division and Kentucky Fire Commission for provision of access to professional development and wellness program

39F.165. Agreement between division and Kentucky Fire Commission for provision of access to professional development and wellness program The division shall enter into an agreement with the Kentucky Fire Commission to provide rescue squad members with access to the program under KRS 95A.292. Effective: July 15, 2026 History: Created 2026 Ky. Acts ch. 96, sec. 3, effective July 15, 2026. Legislative Research Commission Note (7/15/2026). 2026 Ky. Acts ch. 96, sec. 4, provides that Sections 2 and 3 of that Act, which created this statute and amended KRS 95A.292, may be cited as Gavin's Rights.

KRS 39F.170 Workers' compensation coverage -- Limitations -- Enrollment

39F.170. Workers' compensation coverage -- Limitations -- Enrollment Rescue squad organizations or members of them or individuals associated with them for the purposes of receiving workers' compensation benefits paid by the division shall be covered by those benefits when performing emergency preparedness, response, or recovery functions, with the following limitations: (1) Rescue squad organizations and individuals shall not be covered when performing fundraising functions, unless all proceeds of the function are to be dedicated to the administration or operation of the rescue squad organization. (2) Rescue squad organizations and individuals shall not be covered when involved in any law enforcement activity, including security or evidence recovery, except for traffic control at an accident scene or the recovery of evidence by diving or dragging when the assistance is requested by law enforcement authorities. (3) Rescue squad organizations and individuals shall not be covered when the primary purpose of the mission is the provision of emergency medical care or first aid. However, coverage shall be extended when: (a) A rescue squad provides emergency medical transportation when inclement weather or rough terrain prevents a regular ambulance from providing transportation. Transportation may be provided only upon request of the appropriate emergency medical services agency. The distance of travel shall be restricted to the nearest appropriate medical facility or ambulance; (b) Additional personnel or equipment are required to supplement existing emergency medical services which have been overtaxed at an incident which is subsequently declared as an emergency by any official authorized to make such a determination; or (c) A rescue squad provides first aid, or emergency medical care is rendered as a necessary function during a rescue mission, and the primary purpose of the mission was the rescue and not the provision of emergency medical care. (4) Rescue squad organizations or individuals shall not be covered when engaging in firefighting unless the firefighting was performed as a secondary function to protect persons involved in a rescue mission. (5) Rescue squad organizations or individuals shall not be covered when engaging in hazardous materials response, containment, cleanup, or other operations related to hazardous materials, when operating at the hazardous materials technician or hazardous materials specialist level of operation as defined in 29 C.F.R. 1910.120. (6) No person shall be covered unless enrolled on a workers' compensation enrollment form and filed with the area manager of the division, except when the magnitude of an emergency, or a training exercise, is so great that a local emergency management director must solicit additional workers. At these times, the local director may develop and maintain a list of workers, to include names, Social Security account numbers, missions assigned, and dates covered and submit a copy of the list to the area manager of the division within twenty-four (24) hours of the conclusion of the emergency or the training exercise. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 99, effective July 15, 1998.

KRS 39F.180 Reports of missing, lost, or overdue persons -- Reports of search and rescue missions -- Golden Alert D -- Golden Alert -- Green Alert -- Administrative regulations on standard operating procedure -- Immediate search for lost, missing, or overdue person permitted

39F.180. Reports of missing, lost, or overdue persons -- Reports of search and rescue missions -- Golden Alert D -- Golden Alert -- Green Alert -- Administrative regulations on standard operating procedure -- Immediate search for lost, missing, or overdue person permitted (1) All 911 centers and dispatch centers, law enforcement agencies, law enforcement dispatchers, fire departments, rescue squads, emergency medical service agencies, and emergency management agencies shall report the information required to be reported by administrative regulation, for all reports of persons missing, lost, or overdue, if a search for the lost person has lasted for more than two (2) hours to: (a) The local emergency management director; and (b) The local search and rescue coordinator for the jurisdiction in which the person is reported missing. (2) (a) Any missing person report for a missing minor, as that term is defined in KRS 2.015, shall be immediately reported to the Department of Kentucky State Police by the person or organization to whom the missing minor is reported. (b) A missing person report for an impaired person as defined in KRS 39F.010(3)(a) shall immediately be reported as a Golden Alert D to the local emergency management director, local search and r escue coordinator if different from the local emergency manager, local media outlets, and the duty officer of the Division of Emergency Management by the person managing the search or by the organization conducting the search, in a manner to be established by county policy. (c) A missing person report for an impaired person as defined in KRS 39F.010(3)(b) shall immediately be reported as a Golden Alert to the local emergency management director, local search and rescue coordinator if different from the local emergency manager, local media outlets, and the duty officer of the Division of Emergency Management by the person managing the search or by the organization conducting the search. The provisions of this section do not apply to any licensed long -term health care provider conducting a search for a missing resident until the provider requests a search by a person or organization specified in subsection (1) of this section. (d) A missing person report for a veteran at risk shall immediately be reported as a Green Alert to the local emergency management director, local search and rescue coordinator if different from the local emergency management manager, local media outlets, and the duty officer of the Division of Emergency Management by the person managing t he search or by the organization conducting the search. The provisions of this section do not apply to any licensed long-term health care provider conducting a search for a missing resident until the provider requests a search by a person or organization specified in subsection (1) of this section. (e) The duty officer of the Division of Emergency Management shall contact the Transportation Cabinet if the local search coordinator determines that at any time during a search the use of electronic highway sign s will aid in the search and is in the best interest of the missing person. (f) The making of this report does not relieve the person or organization from the duty to make other notifications and reports required in this section. (3) Any search and rescue mission which has lasted four (4) hours without the subject being located shall be immediately reported to the duty officer of the Division of Emergency Management by telephone or radio. Any agency, including but not limited to local law enforcement, the Kentucky State Police, fire departments, rescue squads, and emergency management, that initiates a search for any missing person not considered a Golden or Green Alert shall make the notifications indicated in subsection (2) of this section within four (4) hours of initiation of the search. Any search by any agency shall be reported to the Division of Emergency Management by telephone or radio within four (4) hours of initiation by the local search and rescue coordinator, the local emergency management director, or their designee. (4) The results of each lost, missing, or overdue person report or search mission required to be reported under subsections (1) to (3) of this section shall be reported to the division and the local director on forms provided by the division and containing the information required by administrative regulation. The report shall be filed within twenty (20) days after: (a) The search and rescue mission is discontinued; or (b) The victim has not been found and a decision is made to keep the case open or continue searching on a limited basis, whichever occurs earlier . (5) Each agency required to notify a local emergency management director or the division of a report of a missing person, or a search mission pursuant to this section shall develop a written standard operating procedure for handling and reporting requests to search for missing, lost, or overdue persons. This standard operating procedure shall be a public record. (6) The Transportation Cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to develop a written standard opera ting procedure for handling and reporting requests made by the duty officer of the Division of Emergency Management to initiate the use of electronic highway signs as part of a search for a missing, lost, or overdue person. This standard operating procedure shall be a public record. (7) The contents of reports, information to be conveyed upon notification, and other matters relating to the administration of this section and the securing of information required hereby shall be specified by the division by ad ministrative regulations. (8) There is no requirement in Kentucky to delay the search for or rescue of any lost, missing, or overdue person. Any person who is reported lost, missing, or overdue, adult or child, may be searched for immediately by any emerge ncy management, fire, law enforcement, emergency medical services, search and rescue, rescue squad, or other similar organization to which a missing or overdue person is reported. Any agency searching for a lost or missing person shall utilize existing resources, including but not limited to electronic highway signs, the Amber Alert System, law enforcement communications systems, electronic media, local, regional, and statewide media providers, and the Integrated Public Alert and Warning System, if authorized and under conditions permitted by the federal government. No public safety answering point, emergency dispatch center, or 911 center shall delay any call reporting a person lost, overdue, or missing to the organization specified in the county search and rescue annex of the county emergency management plan as responsible for searching for lost, missing, or overdue persons. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 86, sec. 1, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 54, sec. 2, effective June 27, 2019. -- Amended 2012 Ky. Acts ch. 106, sec. 4, effective July 12, 2012. -- Amended 2008 Ky. Acts ch. 109, sec. 3, effective July 15, 2008. -- Amended 2007 Ky. Acts ch. 85, sec. 122, effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 136, sec. 1, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 226, sec. 100, effective July 15, 1998. Legislative Research Commission Note (7/12/2012). 2012 Ky. Acts ch. 106, sec. 6, provides that Sections 2 to 5 of the Act, which included an amen dment to this statute, shall be known as the "Chase McMurray Act." Legislative Research Commission Note (7/12/2012). Although 2012 Ky. Acts ch. 106, sec. 4, contains a reference to "Section 1 of this Act" (KRS 211.575) in subsection (2)(b) of this statute, that reference has been codified as KRS 39F.010 (2012 Ky. Acts ch. 106, sec. 2) to correct the failure to make the necessary adjustment to this internal reference when the text of Senate Bill 93/SCS 2 was added to the draft in the Senate Committee Substit ute to House Bill 467. This manifest clerical or typographical error has been corrected in codification under KRS 7.136(1)(h). Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 109, sec. 4, provides that Sections 1 to 3 of this Act, whic h included an amendment to this statute, shall be known as the "Golden Alert Bill."

KRS 39F.190 Development of comprehensive written search and rescue plan

39F.190. Development of comprehensive written search and rescue plan (1) Each local search and rescue coordinator shall assist local rescue squads in developing a comprehensive written search and rescue plan which shall address as a minimum: (a) Direction and control responsibilities or incident command system procedures; (b) Notification and reporting procedures and requirements; (c) Call-out procedures; (d) Resource identification; (e) Coordination of resources; (f) Mutual aid agreements; (g) Training requirements for search and rescue responders and managers; (h) Coordination of all on-scene operations with other local, state, and federal agencies; and (i) The provision of copies of topographical maps for search team members. (2) The local search and rescue plan shall be incorporated into the rescue services annex of the local emergency operations plan and submitted for review and adoption as part of the local emergency operations plan. (3) The local search and rescue plan shall be a public record and shall be updated not less than annually. A copy of the plan shall be filed with the division not less than ten (10) days after each update or amendment. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 101, effective July 15, 1998.

KRS 39F.200 Local search and rescue coordinator

39F.200. Local search and rescue coordinator Each local emergency management director shall assume the duties of, or appoint with the concurrence of the fiscal court, city governing body, urban-county council, consolidated local government, or governing body of other local government, a local search and rescue coordinator who shall be responsible for the coordination of all search and rescue resources and operations during all search and rescue missions within the city or county. The position of local search and rescue coordinator may be a volunteer position. The local search and rescue coordinator, if appointed by the local emergency management director, shall serve a similar term not to exceed four (4) years, but may be reappointed for a similar term upon the expiration of a previous term. The local search and rescue coordinator may be removed for cause at any time by the local director, with the concurrence of the fiscal court, city governing body, urban-county council, or governing body of other local government. The local search and rescue coordinator shall successfully complete training in search management, search techniques, and incident command required by the division by administrative regulation. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 11, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 226, sec. 102, effective July 15, 1998.

KRS 39F.210 Administrative regulations

39F.210. Administrative regulations The Division of Emergency Management may promulgate administrative regulations which address minimum training requirements and standards of response for individuals, agencies, and organizations who respond to the following search and rescue missions: (1) Searching for missing, lost, or overdue person or persons; (2) Cave rescue; (3) Dive rescue and recovery of drowning victims; (4) Inland water search, rescue, and recovery; (5) Search dogs and handlers; testing and certification; (6) Urban search and rescue; and (7) High angle or rough terrain rescue and recovery. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 103, effective July 15, 1998.

KRS 39F.220 Training courses to contain instruction on behavioral characteristics and proper care of lost persons with traumatic brain injury or developmental disability

39F.220. Training courses to contain instruction on behavioral characteristics and proper care of lost persons with traumatic brain injury or developmental disability (1) Each basic search and rescue course offered by or under the authority of the Division of Emergency Management shall contain not less than thirty (30) minutes of instruction in the behavioral characteristics of lost persons with a traumatic brain injury or developmental disability and the proper care of lost persons with a traumatic brain injury or developmental disability, including but not limited to autism. (2) Each search and rescue management course offered by or under the authority of the Division of Emergency Management shall contain not less than one (1) hour of instruction in the behavioral characteristics of lost persons with a traumatic brain injury or developmental disability and the proper care of lost persons with a traumatic brain injury or developmental disability, including but not limited to autism. (3) The Division of Emergency Management shall seek recommendations regarding the curricula for basic search and rescue training and search and rescue management training sessions from organizations with a history of, and demonstrable experience serving or advocating on behalf of, individuals with autism, intellectual and developmental disabilities, or traumatic brain injuries. (4) The time allotted for the subjects required by this section for each course and the content for each course shall be specified by administrative regulations promulgated by the Division of Emergency Management. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 106, sec. 5, effective July 12, 2012. Legislative Research Commission Note (7/12/2012). 2012 Ky. Acts ch. 106, sec. 6, provides that Sections 2 to 5 of the Act, which included the creation of this statute, shall be known as the "Chase McMurray Act."

KRS 39F.990 Penalty

39F.990. Penalty Any person violating any provision of this chapter or any administrative regulation promulgated or order issued pursuant to this chapter for which another penalty is not specified shall be guilty of a Class A misdemeanor. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 104, effective July 15, 1998.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37207Fetched: 10/20/2026