Title V, Military Affairs

The General Assembly realizes the Commonwealth is subject at all times to disaster or emergency occurrences which can range from crises affecting limited areas to widespread catastrophic events, and that response to these occurrences is a fundamental responsibility of elected gov…

39F. The definitions and other provisions of this chapter shall apply to this chapter and to KRS Chapters 39B, 39C, 39D, 39E, and 39F unless the language or context of a particular statute requires otherwise.

As used in KRS Chapters 39A to 39F, unless the context requires otherwise: (1) "Adjutant General" means the executive head of the Department of Military Affairs vested with general direction and control authority for the department and the division of emergency management; (2) "A…

The General Assembly recognizes that the rationale and purpose of the comprehensive emergency management program of the Commonwealth has evolved from a program for response to threats to national security, enemy attack, and other national defense needs, to a program for response …

The following administrative bodies shall be attached to the division for administrative purposes: (1) Governor's Earthquake Hazards and Safety Technical Advisory Panel; and (2) Kentucky Emergency Response Commission.

services -- Powers, authorities, and duties. (1) The Division of Emergency Management shall coordinate for the Governor all matters pertaining to the comprehensive emergency management program and disaster and emergency response of the Commonwealth. The division shall be the exec…

of adjutant general. The General Assembly recognizes that the nature and scope of the activities necessary to develop and to administer a statewide comprehensive emergency management program, together with an integrated emergency management system requires the full support, coope…

The director, with the approval of the adjutant general, shall exercise the following powers, responsibilities, and duties: (1) To represent the Governor on all matters pertaining to the comprehensive emergency management program and the disaster and emergency response of the Com…

on vehicles used and operated by division. In lieu of the official seal of the Commonwealth of Kentucky, the division shall be authorized to design, display and affix the distinctive seal and markings of the Division of Emergency Management on any and all state vehicles owned, le…

Extensions and modifications -- Approval and termination by General Assembly -- Waiver of immunity. (1) The Governor may make, amend, and rescind any executive actions as deemed necessary to carry out the provisions of KRS Chapters 39A to 39F. (2) (a) Executive orders, administra…

Report by Governor -- Construction of statute -- Animal health emergency -- Prohibition of discriminatory action against religious organization -- Definitions -- Cause of action -- Remedies. (1) In the event of the occurrence or threatened or impending occurrence of any of the si…

property where title taken. If property is taken for temporary use, pursuant to the provisions of this chapter, the Governor shall, within thirty (30) days of the taking, fix the amount of compensation to be paid for the property. If the property is returned to the owner in a dam…

If the owner of any property seized, taken, or condemned pursuant to KRS 39A.110 refuses to accept as adequate the compensation fixed by the Governor, the owner may present a claim to the Board of Claims, which shall hear and determine it according to the provisions of KRS 49.040…

(1) The owner of property seized, taken, or condemned may appeal from the award of the Board of Claims to the Circuit Court of the county of the owner's residence. The Rules of Civil Procedure shall, so far as applicable, govern the procedure on appeal. A trial de novo shall not …

(1) If the owner of property seized, taken, or condemned accepts as adequate the compensation fixed by the Governor, the owner shall file a statement of the amount of compensation from the Governor with the Finance and Administration Cabinet, which shall draw a warrant on the Sta…

(1) The Kentucky Emergency Operations Plan and local emergency operations plans shall include measures for, and the Governor for the state or portion thereof, the county judge/executive for a county other than an urban-county, or a portion thereof, and the mayor for a city or an …

For the purpose of making surveys and investigations and obtaining information which may be necessary to the operation or enforcement of KRS Chapters 39A to 39F, the Governor, or the director with the written approval of the Governor, may compel by subpoena the attendance of witn…

and emergency response activities of state employees. (1) Notwithstanding any inconsistent provision of law, the Governor may, when it is found to be in the public interest: (a) Authorize any division or agency of the state to lease or lend, on such terms and conditions as deemed…

political subdivisions -- Suspension of statutes -- Conformity of administrative regulations -- Enforcement. (1) The political subdivisions of the state and other agencies designated or appointed by the Governor may make, amend, and rescind orders and promulgate administrative re…

A peace officer, when in full and distinctive uniform or displaying a badge or other insignia of authority, may arrest without a warrant any person violating or attempting to violate in the officer's presence any order or administrative regulation made pursuant to this chapter, o…

from federal government. When the federal government or any agency or officer thereof shall offer to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of disaster a…

response organizations. No person shall be employed or associated in any capacity in any disaster and emergency response organization established under this chapter who advocates a change by force or violence in the constitutional form of the government of the United States or in…

(1) Each agency, board, or commission of state government, unless the requirement is waived, in writing, by the director, shall develop agency emergency operations procedures which are consistent with and which meet the requirements of the Kentucky Emergency Operations Plan. The …

management system. (1) The Kentucky Emergency Operations Plan shall include procedures for one multirisk, multiagency, unified incident command or management system to be used by all state agencies responding to the scene of an emergency, declared emergency, disaster, or catastro…

(1) The division shall maintain the State Emergency Operations Center and those alternate locations deemed necessary, and shall activate the State Emergency Operations Center when deemed necessary by the director, the Adjutant General, or the Governor. (2) Each cabinet of state g…

Administrative regulations -- Fund. (1) The Division of Emergency Management shall establish the Kentucky Urban Search and Rescue Program. (2) The Kentucky Urban Search and Rescue Program shall develop, coordinate, respond to, and maintain the Commonwealth's efforts toward provid…

(1) The division may enter into agreements with other states with regard to mutual aid for routine provision of emergency management services or for mutual aid during times of emergency or disaster, or any combination of these. (2) Kentucky emergency management personnel, either …

response phase of disaster or emergency. (1) During the threatened or impending happening of a disaster or emergency, the Governor, the Adjutant General, or the Director may authorize the use of public employees, equipment, supplies, materials, funds, or any other publicly owned …

Legislative research Commission Note (12/31/2023). 2021 Ky. Acts ch. 205, sec. 10, provides that KRS 39A.275 [2021 Ky. Acts ch. 205, sec. 1] is repealed effective December 31, 2023. Any causes of action that are prohibited or time-barred under 2021 Ky. Acts ch. 205 will remain so…

state or local management agency, licensed professional engineer, or licensed architect -- Immunity, exceptions. (1) Disaster and emergency response functions provided by a state or local emergency management agency, or any emergency management agency-supervised operating units o…

KRS 39A.050, 39A.070, and 39A.285 may be cited as the Antiterrorism Act of 2002.

The General Assembly hereby finds that: (1) No government by itself can guarantee perfect security from acts of war or terrorism. (2) The security and well-being of the public depend not just on government, but rest in large measure upon individual citizens of the Commonwealth an…

or guidance in conflict with federal requirements or guidance on classification or treatment of certain utility, wastewater, water, sewer, and sanitation employees prohibited -- Right of utility to terminate service or assess or collect fees and penalties not to be impaired. (1) …

authorized -- Rights of relocated persons unaffected. (1) Nothing in KRS 39A.100, 39A.110, 39A.120, 39A.130, or 39A.140, 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) I…

(1) The Disaster Relief Funding Program is established and shall be administered by the Division of Emergency Management in accordance with the provisions of this section. (2) A Disaster Relief Funding Program trust fund is established as a separate revolving fund. The trust fund…

(1) The East Kentucky State Aid Funding for Emergencies (EKSAFE) fund is established and shall be: (a) Administered by the Department of Military Affairs, Division of Emergency Management, in accordance with this section; (b) A separate fund to provide financial assistance for th…

(1) The West Kentucky State Aid Funding for Emergencies (WKSAFE) fund is established and shall be: (a) Administered by the Department of Military Affairs, Division of Emergency Management, in accordance with this section; (b) A separate fund to provide financial assistance for th…

(1) As used in this section: (a) "Declaration" means the Presidential Declaration of a Major Disaster, designated FEMA-4860-DR-KY; (b) "Kentucky disaster" means the severe storms, straight-line winds, flooding, and landslides that occurred in Kentucky beginning on February 14, 20…

(1) As used in this section: (a) "FEMA" means the Federal Emergency Management Agency; (b) "Qualified homeowner" means a resident of this state who has constructed a residential safe room with the intent to open it to others within their community in the event of a weather-relate…

As used in KRS 39A.350 to 39A.366: (1) "Disaster relief organization" means an entity that provides emergency or disaster relief services that include health services provided by volunteer health practitioners and that: (a) Is designated or recognized as a provider of those servi…

KRS 39A.350 to 39A.366 shall apply to volunteer health practitioners registered with a registration system that complies with KRS 39A.350 to 39A.366 and who provide health services in this state for a host entity while an emergency declaration is in effect.

emergency. (1) While an emergency declaration is in effect, the Cabinet for Health and Family Services in coordination with the Kentucky Division of Emergency Management and the appropriate Kentucky licensure boards may regulate: (a) The duration and scope of practice by voluntee…

health practitioners -- Relationship between Cabinet for Health and Family Services and other organizations -- Funding. (1) The Cabinet for Health and Family Services shall operate the emergency system for advanced registration of volunteer health practitioners. The system shall:…

licensed Kentucky practitioners. A volunteer health practitioner shall adhere to the scope of practice for a similarly licensed practitioner established by the licensing provisions, practice acts, or other laws of this state.

to volunteer practitioners under other laws -- KRS 39A.350 to 39A.366 not to affect requirements of the Emergency Management Assistance Compact. (1) KRS 39A.350 to 39A.366 shall not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other t…

39A.366 -- Consultation among Cabinet for Health and Family Services, Kentucky Division of Emergency Management, and similarly empowered agencies in other states. The Cabinet for Health and Family Services may promulgate administrative regulations to implement KRS 39A.350 to 39A.…

promote uniformity of laws among enacting states. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

KRS 39A.350 to 39A.366 shall be known as the Good Samaritan Act of 2007.

Emergency Management Assistance Compact ARTICLE I. Purpose and Authorities. This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this compact, the term "states" is taken…

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 fined an amount not to exceed one hundred dollars ($100) for a first offense and not to exceed two…