LOCAL EMERGENCY MANAGEMENT PROGRAMS

KRS tit. V, ch. 39B

in effect

KRS 39B.010 Local emergency management to be maintained -- Unified local emergency management agency

39B.010. Local emergency management to be maintained -- Unified local emergency management agency (1) Each city, county, urban-county, charter county government, or counties acting jointly under the provisions of subsection (2)(b) of this section, of this Commonwealth shall create, support, and maintain a local emergency management agency, which shall serve the public safety interest of the local government within the territorial boundaries of the city, county, or counties where the agency is created. Each local emergency management agency shall develop, implement, and maintain a local comprehensive emergency management program, including a local emergency operations plan, in accordance with the provisions of KRS Chapters 39A to 39F. The local emergency management agency shall be an integral component of the statewide integrated emergency management system of this Commonwealth, and shall fully comply with all applicable provisions of KRS Chapters 39A to 39F, the comprehensive emergency management program requirements of the Commonwealth, the provisions of the Kentucky Emergency Operations Plan, and all administrative regulations promulgated by the Division of Emergency Management. (2) (a) Each county government, and the urban-county, charter county, or city governments located within the territorial boundaries of a county, are encouraged to jointly create a single, unified local emergency management agency to serve all local governments collectively, and therefore may, in lieu of creating individual and separate local agencies, jointly create a single, unified local emergency management agency, provided the agency and its program: 1. Fully comply with all the provisions of KRS Chapters 39A to 39F; 2. Comply with the Interlocal Cooperation Act or locally adopted memorandums of agreement, as necessary and appropriate; and 3. Are determined to be in compliance with all requirements of KRS Chapters 39A to 39F by the director of the Division of Emergency Management. (b) Two (2) or more contiguous county governments, including or excluding the cities within their jurisdictions, may jointly create a single, unified local emergency management agency to serve the counties and participating cities within those counties collectively, and therefore may, in lieu of creating individual and separate local agencies, jointly create a single, unified local emergency management agency, provided the agency and its program meet the requirements set out in subparagraphs 1. to 3. of paragraph (a) of this subsection. (3) The local emergency management agency shall be an organizational unit of the executive branch of city, county, urban-county, charter county government, or counties acting jointly under the provisions of subsection (2)(b) of this section and shall have primary jurisdiction, responsibility, and authority for all matters pertaining to the local comprehensive emergency management program and, under the general supervision of the local emergency management director, shall serve as a direct function of the office of county judge/executive or mayor. In the case of counties acting jointly pursuant to this section, the supervision of the agency shall be set out by agreement or ordinance approved by the legislative body of each county. In accordance with the policies of the state-local finance officer, a separate emergency management agency fund account shall be designated and included in the city, county, and urban-county or charter county budget ledgers, and all financial matters of a local emergency management agency, involving funds provided through the Division of Emergency Management, shall be handled through the county, urban-county, or charter county treasury and financial system. (4) City, county, and urban-county or charter county governments may use the term "emergency management" in a manner or form appropriate to constitute and designate the official name of the local emergency management agency established pursuant to this chapter, except for any use of the term "Division of Emergency Management" specified to constitute and designate the official name of the state emergency management agency pursuant to KRS 39A.030. The term "emergency management" may be used in a manner or form appropriate to constitute and designate the official name of a local emergency management council, or the statewide association of emergency management agencies or personnel, but shall not be utilized by, assigned to, or otherwise specified by any local unit, agency, or department, or any political subdivision of the Commonwealth in any manner or form to constitute or designate the official name of the local unit, agency, or department, or political subdivision, except as authorized in this subsection. (5) All local emergency management agencies or local disaster and emergency services organizations in the Commonwealth, and the local directors, and members of each, shall, for all purposes, be under the direction of the director of the division, and of the Governor when the latter deems that action necessary. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 99, sec. 3, effective July 15, 2014. -- Created 1998 Ky. Acts ch. 226, sec. 29, effective July 15, 1998.

KRS 39B.020 Local emergency management director -- Joint appointment of a single local emergency management director -- Qualifications

39B.020. Local emergency management director -- Joint appointment of a single local emergency management director -- Qualifications (1) The county judge/executive of each county, the mayor of each city, consolidated local government, or urban-county government, or the chief executive of other local government, within thirty (30) days of assuming office following their election, shall appoint a local emergency management director who meets all qualifications criteria pursuant to KRS Chapters 39A to 39F, and shall immediately notify the director of the Division of Emergency Management of the appointment. (2) Except in a county containing a consolidated local government, in lieu of appointing a separate local emergency management director for each jurisdiction, the county judge/executive of a county and mayors of cities or urban-county governments, or the chief executive of other local government located within the territorial boundaries of the same county, or two (2) or more counties acting jointly under the provisions of KRS 39B.010 may jointly appoint a single local emergency management director who meets all the qualifications criteria pursuant to KRS Chapters 39A to 39F. It is the policy of the Division of Emergency Management to encourage and support the joint appointment of a single local director in each territorial county, or counties acting jointly, of the Commonwealth. The duly appointed local emergency management director shall direct, control, and manage all the affairs of the local emergency management agency and comprehensive emergency management program of the jurisdictions wherein appointed. (3) A local emergency management director appointed under the provisions of subsection (1) or (2) of this section shall serve at the pleasure of the appointing authority, but shall serve not longer than four (4) years without reappointment and, in addition to any local requirements, shall meet the qualification requirements listed in this subsection: (a) The local director shall be a high school graduate with an additional three (3) years of experience in business administration, government planning, industrial or commercial planning, public safety, management of emergency services, or related community or governmental service. Management level experience may not be substituted for high school education. Education at an accredited college or university may be substituted for experience on a year- for-year basis. (b) The local director shall be a resident of the Commonwealth of Kentucky and a county served. (c) The local director shall hold no partisan elective office, nor file for, seek, or campaign for any partisan elective office while holding the position of local emergency management director. (d) The local director shall be routinely available to respond to emergency scenes, command posts, or emergency operations centers to coordinate emergency response of all local public and private agencies and organizations; to perform necessary administrative, planning, and organizational duties; to complete and submit required reports, records, emergency operations plans, and documents; to attend required training; and to attend meetings convened by the appointing authority or the area manager of the division. 1. If the local director is also a full-time or part-time employee of the federal or state government, the local director shall have written authorization from the appropriate appointing authority to hold the position of local emergency management director and to fully comply with the provisions of paragraph (d) of this subsection. A copy of the written authorization shall be submitted to the division at the time of appointment. 2. If the local director is also a full-time or part-time employee of a city, county, urban-county government, or charter county government in another capacity, that government shall enact an official city or county order or ordinance specifying that the individual appointed as local emergency management director shall fully comply with the provisions of paragraph (d) of this subsection. The order or ordinance shall also specify that the individual, when performing the duties of local emergency management director, shall relinquish all authorities and responsibilities associated with any other governmental employment and shall indicate another person, by name or position, to assume those authorities and responsibilities until such time as the local director shall cease to function as local emergency management director. A copy of the enacted order or ordinance shall be submitted to the division at the time of appointment. The city, county, urban-county government, or charter county government shall not seek reimbursement from the division for the local director's salary for any time spent in another capacity. 3. If the local director is also a full-time or part-time employee in the private sector, the local director shall have a letter from each employer stating that the local director shall, without penalty or exception, be permitted to fully comply with the provisions of paragraph (d) of this subsection. A copy of the letter from each employer shall be submitted to the division at the time of appointment. 4. If the local director is self-employed, the local director shall certify at the time of appointment, by letter to the director of the division, that the local director's schedule shall permit full compliance with the provisions of paragraph (d) of this subsection. (4) A local director whose salary has been reimbursed by the division prior to January 1, 1994, shall not be subject to the provisions of subsection (3)(a) of this section, so long as remaining continuously in that position for the appointing jurisdiction. (5) A local director whose salary is reimbursed in part or in full by the Division of Emergency Management pursuant to KRS 39C.010 and 39C.020, shall also meet any other requirements of KRS Chapters 39A to 39F and any requirements which may be imposed by the Federal Emergency Management Agency, or its successor. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 99, sec. 4, effective July 15, 2014. -- Amended 2002 Ky. Acts ch. 346, sec. 9, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 226, sec. 30, effective July 15, 1998.

KRS 39B.030 Powers, authorities, rights, and duties of local director -- Development of organizational structure

39B.030. Powers, authorities, rights, and duties of local director -- Development of organizational structure A local emergency management director, appointed pursuant to this chapter, shall have the following powers, authorities, rights, and duties: (1) To represent the county judge/executive, or chief executive officers in the case of counties acting jointly under KRS 39B.010, or mayor on all matters pertaining to the comprehensive emergency management program and the disaster and emergency response of the county, counties acting jointly under KRS 39B.010, urban-county, charter county, or the county or counties acting jointly and the cities therein, unless there is a local director appointed for a city in accordance with this chapter, who represents that city; (2) To be the executive head and chief administrative officer of the local emergency management agency, and to direct, control, supervise, and manage, the development, preparation, organization, administration, operation, implementation, and maintenance of the comprehensive emergency management program of the county, counties acting jointly under KRS 39B.010, urban-county government, charter county government, or the county or counties acting jointly and the cities therein, and to coordinate all local disaster and emergency response, unless there is a local director appointed for a city in accordance with this chapter, who represents that city; (3) To develop and maintain a local emergency operations plan entitled "county emergency operations plan," or "joint counties emergency operations plan," or "city emergency operations plan," or "city/county emergency operations plan," as appropriate, the provisions of which shall establish the organizational structure to be utilized by local government to manage disaster and emergency response, and set forth the policies, procedures, and guidelines for the coordination of all disaster and emergency response in the county and all the cities therein for an emergency, declared emergency, disaster, or catastrophe. The local emergency operations plan shall be developed consistent with the appropriate provisions of the Kentucky emergency operations plan, the provisions of KRS Chapters 39A to 39F, planning guidance issued by the division, and administrative regulations promulgated by the division. The local emergency operations plan shall be officially adopted by signed executive order of the county judge/executive or mayor, or in the case of counties acting jointly under KRS 39B.010, by all chief executive officers of the participating counties. The executive order shall be filed with the office of the clerk for the local jurisdiction and a copy placed in the local emergency operations plan. A copy of the local emergency operations plan, and all revisions or updates thereto, shall be submitted by the local director to the Division of Emergency Management for concurrence review and reference. The local emergency operations plan shall be a component of the integrated emergency management system of the Commonwealth, and subject to the Kentucky Emergency Operations Plan, shall be the primary local strategic planning document governing the coordination of all disaster and emergency response in the county, counties acting jointly under KRS 39B.010, city, or the county or counties acting jointly and the cities therein, and shall be applicable to, utilized by, and adhered to by, all local emergency response departments, agencies, and officials of the local disaster and emergency services organization in the county and the cities therein. The local emergency operations plan shall be updated not less than annually; (4) To establish and maintain a local disaster and emergency services organization in accordance with the local emergency operations plan, the Kentucky Emergency Operations Plan, and the provisions of KRS 39B.050; (5) To notify the county judge/executive, mayor, or executive authority of other local governments and the Division of Emergency Management immediately of the occurrence, or threatened or impending occurrence, of any emergency or disaster, and recommend any emergency actions which should be executed; (6) To be the chief advisor to, and the primary on-scene representative of, the county judge/executive, mayor, or executive authority of other local governments in the event of occurrence of any emergency, declared emergency, disaster, or catastrophe within the local jurisdiction; (7) (a) To respond and have full access to the scenes of an emergency, declared emergency, disaster, or catastrophe to immediately investigate, analyze, or assess the seriousness of all situations; to coordinate the establishment and operation of a local incident command or management system; to execute the local emergency operations plan, as appropriate; to activate the local emergency operations center or on-scene command post; to convene meetings, gather information, conduct briefings, and to notify the division of on-going response actions; and fully expedite and coordinate the disaster and emergency response of all local public and private agencies, or to have a staff assistant do so; (b) At a declared emergency or declared disaster, at the direction of the county judge/executive or mayor, as appropriate, to take or direct immediate actions to protect public safety; however, this paragraph shall not preclude a local director from providing any assistance that he is requested to, and is able to, provide at any emergency. (8) To act as an official representative of the division in emergency situations when specifically requested by the director; (9) To report directly to the county judge/executive, mayor, or executive authority of other local governments, act in an official policy-making capacity when carrying out the duties of local emergency management director, and exercise full signatory authority for execution of all contracts, agreements, or other official documents pertaining to the administration and operation of the local emergency management agency and program; (10) To direct or supervise all paid or volunteer emergency management staff assistants or other local emergency management agency workers, and all operating units or personnel officially appointed and affiliated with the local disaster and emergency services organization pursuant to KRS 39B.070; (11) To prepare and submit regular or scheduled program activity reports to the area manager of the division and local chief executives; (12) To execute bond, if appropriate, in the amount determined by the appointing authorities; (13) Annually, by the first day of March, to prepare and submit a program budget request to the county judge/executive and mayor; (14) Annually, by the fifteenth day of July, to prepare and submit to the division a locally-approved, fiscal year program paper and budget request; (15) To perform all administrative, organizational, or operational tasks required by the provisions of this chapter, or administrative regulations, or program guidance pertaining thereto; (16) To be a registered member of the Kentucky Emergency Management Association or other professional emergency management organization; and (17) To carry out all other emergency management-related duties as required by KRS Chapters 39A to 39F, administrative regulations, or local orders or ordinances. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 99, sec. 5, effective July 15, 2014. -- Created 1998 Ky. Acts ch. 226, sec. 31, effective July 15, 1998.

KRS 39B.040 Mutual aid arrangements with special districts and public and private agencies

39B.040. Mutual aid arrangements with special districts and public and private agencies (1) The local director of each local emergency management agency in the Commonwealth may develop or cause to be developed mutual aid arrangements with special districts and other public and private agencies within this Commonwealth for reciprocal disaster and emergency response aid and assistance in case of disaster or other emergency too great to be dealt with unassisted. The arrangements shall be consistent with the Kentucky Emergency Operations Plan, the local emergency operations plan, and the comprehensive emergency management program of the Commonwealth, and in time of emergency it shall be the duty of each local disaster and emergency services organizational unit, including each special district, and each public or private agency, to render assistance in accordance with the provisions of these mutual aid arrangements. (2) The local director of each local emergency management agency in the Commonwealth may assist the division, acting on behalf of the Governor, in negotiation of reciprocal mutual aid agreements between the Commonwealth and other states, including foreign states or provinces, or their political subdivisions, and shall carry out the arrangements or any agreements relating to the local political subdivision. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 32, effective July 15, 1998.

KRS 39B.045 Mutual aid agreements between Kentucky or its agencies or political subdivisions and units of government from another state

39B.045. Mutual aid agreements between Kentucky or its agencies or political subdivisions and units of government from another state (1) As used in this section, "emergency" means an occurrence or condition in a jurisdiction within or outside of the Commonwealth that results in a situation: (a) That poses an immediate risk to health, life, property, or the environment; (b) That is not initially at the level of a disaster or emergency that requires a local or state declaration of disaster or emergency, even if such a local or state declaration is made after the initial request for mutual aid; and (c) For which the governing jurisdiction determines: 1. The situation exceeds its ability to render appropriate aid; and 2. That it is in the public's best interest to request mutual aid from a governmental jurisdiction or private entity in another state with which the governing jurisdiction has entered into a mutual aid agreement under this section. (2) (a) As used in this section, "emergency responder" means a person: 1. Who is required to possess a license, certificate, permit, or other official recognition for the person's expertise in a particular field or area of knowledge; and 2. Whose assistance is desirable during an emergency. (b) The term includes but is not limited to the following: 1. Firefighters, hazardous materials personnel, specialized rescue personnel, extrication personnel, water rescue personnel, and other specialized personnel; 2. Emergency medical services personnel; 3. Physicians; 4. Nurses; 5. Mental health practitioners, veterinary practitioners, and other public health practitioners; 6. Emergency management personnel; and 7. Public works personnel. (3) As used in this section, "political subdivision" has the same meaning as in KRS 39D.040. (4) (a) In order to more adequately address emergencies that extend or exceed a jurisdiction's emergency response capabilities, either without rising to the level of a state or local declaration of a state of disaster or emergency, or in the initial stages of an event that may later become a declared state of disaster or emergency, the state and any of its departments or agencies, or any political subdivision, may enter into written mutual aid agreements with units of government from another state that provide coordination of communications for, training for, response to, and standby for planned events and emergency responses within the Commonwealth of Kentucky or in another state. (b) When an emergency responder from outside Kentucky is engaged in training, standby, and emergency response in accordance with a mutual aid agreement under this section, the emergency responder from outside Kentucky is permitted to provide services within Kentucky in accordance with this section and the terms of the mutual aid agreement under this section. (c) This section shall not be construed to prohibit a private entity or its employees from participating in the provision of mutual aid if: 1. The participating political subdivision approves the participation of the private entity; and 2. A contract between the political subdivision and the participating private entity permits the participation. (5) If an emergency responder from a jurisdiction outside Kentucky holds a license, certification, or other permit recognized or issued by another state, that emergency responder is considered to be licensed, certified, and permitted in Kentucky to render aid involving such skill to meet the request for assistance under a mutual aid agreement signed pursuant to this section, so long as the emergency responder acts within the scope of: (a) The emergency responder's license, certificate, or permit; and (b) What would be authorized by an equivalent license, certificate, or permit from or recognized by the Commonwealth of Kentucky. (6) All immunities from liability available to Kentucky political subdivisions, other units of local government in Kentucky, and their officers, agents, and employees within Kentucky are extended to political subdivisions and other units of local government from another state, and their officers, agents, and employees, who under a mutual aid agreement authorized by this section are: (a) Providing mutual aid; or (b) Engaged in training and exercises. (7) (a) Emergency responders rendering mutual aid under a mutual aid agreement authorized by this section remain employees and agents of their respective employers and jurisdictions. (b) A mutual aid agreement entered into under this section does not create an employment relationship between the jurisdiction requesting aid and the employees and agents of the jurisdiction rendering aid. (c) All pension, relief, disability, death, worker's compensation, and all other benefits enjoyed by emergency responders rendering mutual aid under a mutual aid agreement authorized by this section extend to the services the emergency responders perform outside their respective jurisdictions, as if those services had been rendered in their own jurisdiction. (8) A mutual aid agreement under this section shall be approved by each political subdivision entering into the mutual aid agreement. A copy of the mutual aid agreement, including any amendments, shall be delivered to the fiscal court or legislative body having countywide jurisdiction and the county emergency management agency of that jurisdiction. (9) This section shall not be construed to limit, modify, or abridge: (a) Kentucky's emergency management agency statutes; or (b) The emergency management assistance compact under KRS 39A.950. Effective: July 12, 2012 History: Created 2012 Ky. Acts ch. 126, sec. 1, effective July 12, 2012. Legislative Research Commission Note (7/12/2012). The Reviser of Statutes has corrected a manifest clerical or typographical error in subsection (4)(a) of this statute under the authority of KRS 7.136 (1)(h).

KRS 39B.050 Local disaster and emergency services organization -- Membership -- Responsibility

39B.050. Local disaster and emergency services organization -- Membership -- Responsibility (1) Each local emergency management director shall establish and maintain a local disaster and emergency services organization in accordance with a city or county or city/county or joint counties emergency operations plan required pursuant to KRS Chapters 39A to 39F. The local disaster and emergency services organization shall be comprised of the following members and participants: (a) The county judge/executive, or chief executive officers when counties are acting jointly under KRS 39B.010, and mayors, or the chief executive of other local governments; (b) Elected legislative officials of the county and cities; (c) The local emergency management director and all local emergency management agency staff members and workers, or emergency management agency-supervised operating units or personnel; (d) All regular or volunteer public safety or emergency services department heads or agency chiefs in the cities or county; (e) All regular or volunteer public safety or emergency services department or agency members in the cities or county; (f) All districts, corporations, public agencies, groups, or political subdivisions of the state and special districts within the county or the cities thereof, which are organized under the laws of the Commonwealth to provide an emergency response service or related function in the interest of public safety; and (g) All private sector personnel, agencies, organizations, companies, businesses, or individuals and citizens who agree to provide their assets, resources, talents, services, or supplies in aid to the local disaster and emergency services organization of the cities or county in accordance with the approved local emergency operations plan of the city, county, or counties acting jointly under KRS 39B.010, urban-county government, or charter county government. (2) The local disaster and emergency services organization shall have responsibility for the performance of all disaster and emergency response functions contemplated in KRS 39A.010, 39A.020, or 39A.030 and as listed or assigned in the city, county, or counties acting jointly under KRS 39B.010, or city/county emergency operations plan, except that the Division of Forestry of the Energy and Environment Cabinet shall have primary responsibility for directing the implementation of all forest fire emergency responses consistent with KRS Chapter 149. Disaster and emergency response functions may be assigned within the local disaster and emergency services organization to existing agencies and organizations, public and private. It shall not be necessary for the local disaster and emergency services organization to create, provide, or maintain an additional or auxiliary capability for any existing function or service deemed adequate to local needs. (3) The local disaster and emergency services organization shall be the primary disaster and emergency response force of city, county, or counties acting jointly under KRS 39B.010, urban-county government, or charter county government and an organizational component of the integrated emergency management system of the Commonwealth. The local emergency management director shall have primary responsibility for the coordination of all disaster and emergency response of the local disaster and emergency services organization for an emergency, declared emergency, disaster, or catastrophe. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 99, sec. 6, effective July 15, 2014. -- Amended 2010 Ky. Acts ch. 24, sec. 30, effective July 15, 2010. -- Created 1998 Ky. Acts ch. 226, sec. 33, effective July 15, 1998.

KRS 39B.060 Emergency operations plan

39B.060. Emergency operations plan (1) The city or county, joint county when counties are acting jointly under KRS 39B.010, or city/county emergency operations plan developed pursuant to the provisions of KRS Chapters 39A to 39F shall include adequate provisions or procedures to assess, mitigate, prepare for, respond to, and recover from all disaster or emergency incidents contemplated by KRS 39A.010, 39A.020, or 39A.030 and shall provide for all functions contemplated by these sections. (2) The local emergency operations plan shall be submitted by the local director to the county judge/executive, or chief executive officers of each participating county when counties are acting jointly under KRS 39B.010, mayor, or chief executive of other local governments immediately following each regular election for these offices, for approval and adoption by the local chief executives through issuance of an executive order pursuant to the provisions of KRS Chapters 39A to 39F. (3) In the event of a conflict between a city emergency operations plan and a county emergency operations plan and decisions made thereunder: (a) The decision made pursuant to the county plan shall prevail if the incident, its consequences, or the threat thereof, extend beyond the boundaries of the city; (b) The decision made pursuant to the city plan shall prevail if the incident, its consequences, or the threat of the incident, do not extend beyond the boundaries of the city; and (c) The same precedence shall govern plans of urban-counties and charter counties. (4) The joint plan established by counties acting jointly pursuant to KRS 39B.010 shall incorporate a joint decision-making process whereby the chief executive officers, or their designees, use the integrated emergency management system and the unified incident command system set out in KRS 39A.230 to deal with any incident. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 99, sec. 7, effective July 15, 2014. -- Created 1998 Ky. Acts ch. 226, sec. 34, effective July 15, 1998.

KRS 39B.070 Execution of emergency powers -- Emergency operations centers -- Waiver of procedures and formalities

39B.070. Execution of emergency powers -- Emergency operations centers -- Waiver of procedures and formalities Each city, county, urban-county government, or charter county government may: (1) Through the county judge/executive of a county other than an urban-county government, mayor of an urban-county government, chief executive of other local governments, or mayor of a city, or their designees as provided by ordinance, declare in writing a state of emergency when required, and thereafter execute any emergency powers granted under this chapter to provide for adequate and appropriate response to any occurrence or situation or any impending event or situation resulting from any of the situations or events contemplated by KRS 39A.010, 39A.020, or 39A.030; (2) Appropriate and expend funds, make contracts, enact cost-recovery ordinances, obtain and distribute equipment, materials, and supplies for disaster and emergency response purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster or emergency; review or approve local emergency operations plans; and enact orders or ordinances pertaining to local emergency management programs in accordance with the policies and plans prescribed by the federal and state emergency management agencies and the provisions of KRS Chapters 39A to 39F; (3) Appoint, employ, remove, or provide, with or without compensation, staff assistants to the local emergency management director, and clerical, administrative, technical or other local emergency management agency staff personnel, and local emergency management agency-supervised operating units officially affiliated with the local disaster and emergency services organization by city or county order or ordinance including rescue squads, auxiliary fire, police, and medical personnel, urban search and rescue teams, severe weather spotters teams, damage assessment teams, amateur radio or communications personnel, or other emergency response groups, teams, or personnel, and other disaster and emergency response workers; (4) Establish a primary and one (1) or more secondary emergency operations centers or on-scene command posts to serve as official local government command posts during an emergency, declared emergency, disaster, or catastrophe; (5) Subject to the order of the Governor, or the chief executive of the county, urban- county government, charter county government, or city, to assign and make available for duty, the employees, property, or equipment of the county or city relating to firefighting, engineering, rescue, health, medical and related services, police, transportation, construction, and similar items or services for disaster and emergency response purposes within or outside of the physical limits of the county, urban-county government, charter county government, or city; (6) In the event of a national emergency or state of declared emergency or declared disaster or catastrophe, as provided in KRS 39A.100, waive procedures and formalities otherwise required by the law pertaining to: the performance of public work; entering into contracts; the incurring of obligations; the employment of permanent and temporary workers; the utilization of volunteer workers; the rental of equipment; the purchase and distribution, with or without compensation, of supplies, materials, and facilities; the appropriation and expenditure of public funds; and the demolition and removal of damaged public and private structures; and (7) Confer or authorize the conferring upon members of the auxiliary police the powers of peace officers, subject to the provisions of KRS 61.300, and any other restrictions imposed by the appointing authority. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 35, effective July 15, 1998.

KRS 39B.080 Powers, duties, rights, privileges, and immunities of employees rendering outside aid

39B.080. Powers, duties, rights, privileges, and immunities of employees rendering outside aid When the employees of any county, urban-county, charter county, or city are rendering outside aid pursuant to the authority contained in this chapter, the employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the jurisdiction in which they are normally employed. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 36, effective July 15, 1998.

KRS 39B.090 Liability for loss or damage to equipment used -- Reimbursement of compensation and expenses of employees

39B.090. Liability for loss or damage to equipment used -- Reimbursement of compensation and expenses of employees (1) The city, county, urban-county government or charter county government, in which any equipment is used pursuant to this chapter shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereof. No claim for loss, damage, or expense shall be allowed unless, within sixty (60) days after it is sustained or incurred, an itemized written notice of the claim under oath is served by mail or otherwise upon the chief fiscal officer of the county, urban-county, charter county, or city where the equipment was used. The county, urban-county, charter county, or city which is aided pursuant to this chapter shall also reimburse the county, urban-county, charter county, or city furnishing the aid for the compensation paid to employees furnished under this chapter during the time of the rendition of the aid, and shall defray the actual traveling and maintenance expenses of the employees while they are rendering the aid. Reimbursement shall include any amounts paid or due to compensation due to personal injury or death while employees are engaged in rendering aid. The term "employee" as used in this section shall mean, and the provisions of the section shall apply with equal effect to, paid, volunteer, or auxiliary employees, and other local emergency management agency or disaster and emergency response workers. (2) The rights, privileges, and obligations set out in this section shall also apply if aid is rendered outside the Commonwealth. Payment or reimbursement in this case shall be made by the state or political subdivision receiving the aid pursuant to a reciprocal mutual aid agreement or compact with another state or by the federal government. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 37, effective July 15, 1998.

KRS 39B.100 Contracts permitted

39B.100. Contracts permitted The chief executive or governing body of each political subdivision of the state may: (1) Enter into a contract or lease with the state, or accept any loan, or employ personnel, and the political subdivision may equip, maintain, utilize, and operate any property and employ necessary personnel therefor in accordance with the purposes for which the contract is executed; and (2) Do all things and perform all acts deemed necessary to effectuate the purpose for which the contract was entered into in accordance with the Kentucky Emergency Operations Plan. Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 226, sec. 38, effective July 15, 1998.

KRS 39B.110 Taking of property or rights guaranteed by KRS 237.102 or 237.104 not authorized -- Rights of relocated persons unaffected

39B.110. Taking of property or rights guaranteed by KRS 237.102 or 237.104 not authorized -- Rights of relocated persons unaffected (1) Nothing in KRS 39B.070 or any other provision of this chapter shall authorize a taking of property or the taking of any action which is in violation of KRS 237.102 or 237.104. (2) If a person is relocated to temporary housing before, during, or after a disaster or emergency, he or she shall still possess the rights guaranteed by KRS 237.102 and 237.104. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 240, sec. 11, effective July 12, 2006.

KRS 39B.990 Penalty

39B.990. Penalty Any person violating any provision of this chapter or any administrative regulation or order promulgated 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. 39, effective July 15, 1998.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37203Fetched: 10/20/2026