Title V, Military Affairs

with federal standards. (1) All commissioned officers and warrant officers of the Kentucky National Guard shall be appointed by the Governor, upon the recommendation of the adjutant general and the commanding officers of the organizations to which such officers are to be assigned…

Every officer shall take and subscribe to an oath of office as prescribed by the Department of Defense. The oath shall be taken and subscribed before any officer from any branch of the armed services authorized to administer oaths. In case of neglect or refusal to take and subscr…

enlistments. (1) All able-bodied citizens of the United States, of good character, who can read and write the English language, who are between the ages of seventeen (17) and thirty- five (35) years with no prior service; between thirty-six (36) and under thirty-eight (38) with o…

The inactive National Guard shall consist of the officers and men of the Kentucky National Guard not on the active list. In time of peace, officers and enlisted men of the Kentucky National Guard may be transferred at their own request to the inactive National Guard. Upon the aut…

An officer of the Kentucky National Guard shall hold his commission so long as he is entitled to federal recognition in that grade unless separated from the service prior to that time by reason of resignation, disability or for cause to be determined by a court-martial or efficie…

A commissioned officer tendering his resignation, if the Governor accepts it, shall receive an honorable discharge if he is not under arrest or to be returned to a military court for deficiency or delinquency. The Governor may not accept the resignation of an officer of the Kentu…

The Governor may order any commissioned officer before an efficiency board consisting of three (3) officers senior in rank to the officer whose fitness for service is under examination. The board shall have the powers of courts of inquiry and courts-martial to subpoena witnesses …

(1) An enlisted man shall not be discharged before the expiration of his term of service except by order of the Governor or by sentence of court-martial approved by the Governor. A soldier upon his discharge from service, shall be given a certificate of discharge or report of sep…

A dishonorable discharge shall be given only by sentence of a general court-martial. No sentence of dismissal from the service or dishonorable discharge imposed by a court- martial shall be executed until approved by the Governor.

Upon satisfactory proof of the loss of a discharge certificate or of its destruction the adjutant general may cause to be issued to the person a certificate of service, showing the date of enlistment and discharge from the military service and character given on the original disc…

(1) The commission of any officer who absents himself without leave for three (3) months shall be vacated, and he may be dropped from the rolls of the National Guard and dismissed from service and be subject to punishment under the Kentucky Code of Military Justice. (2) When an e…

Except when in the service of the United States, officers and enlisted men, when employed in state active duty, beginning with the day they assemble at their armories or other designated places until the day they return there and have been properly relieved, including, fractional…

(1) The Department of Military Affairs shall accept the provisions of KRS Chapter 342 for the benefit of members of the Kentucky National Guard while members are on state active duty. (2) The department may, in lieu of procuring additional extended insurance coverage, elect to av…

An employee shall be granted a leave of absence by his or her employer for the period required to perform active duty or training in the National Guard of this or any other state. Upon the employee's release from a period of active duty or training, the employee shall be permitte…

If any member of the National Guard, when on duty or assembled therefor under lawful authority, does any act in the discharge of his duty that causes him to be proceeded against by civil court action, the Attorney General shall represent him in the civil proceedings. If, under th…

Every unit of the Kentucky National Guard shall assemble for drill and instructions not less than forty-eight (48) times each year, and shall participate in encampments, maneuvers or other exercises at least fifteen (15) days in each year unless excused therefrom by the Governor.…

(1) Units allotted to the Kentucky National Guard by the United States Department of Defense and accepted by the Governor shall be maintained by the state and furnished with adequate and suitable armory accommodations, ranges, and camp grounds. (2) The state shall provide such ar…

Every officer and enlisted man shall be personally responsible to the state for loss or damage to public property issued to him, and no one shall be relieved from liability, unless it is shown to the satisfaction of the Governor that the loss of or damage to the property was unav…

armory. (1) Premises occupied by the Kentucky National Guard for military purposes shall be under the control of the senior National Guard officer using them. (2) All military property furnished for the use of the several organizations of the Kentucky National Guard shall be kept…

Military property shall be used for authorized military purposes only. No officer or soldier shall wear, use or have in his possession, except for authorized military purposes, or by special permission of his commanding officer, any uniform or part thereof, or any other article o…

No military property furnished by the United States, through the agency of the state, to any officer or soldier of the Kentucky National Guard shall be sold, bartered, exchanged, pledged, loaned or given away. No person, not a soldier or duly authorized officer of the state, who …

All processes and sentences of military courts shall be executed by sheriffs or other civil officers and such officers shall make return thereof to the officer issuing the process or imposing the sentence.

duty. Officers, warrant officers, and enlisted men of the Kentucky National Guard shall, while on state active duty, have the same right to carry arms and in the same manner as sheriffs and other peace officers.

Officers, warrant officers, and enlisted men of the Kentucky National Guard, going to or returning from any parade, encampment, drill or meeting they are required by proper authority to attend, shall, together with their vehicular conveyances, animals and military property in the…

(1) Except as permitted in subsections (2), (3), and (4) of this section, no persons other than the Kentucky National Guard or Kentucky active militia shall associate together as an armed company or drill or parade with arms without permission from the Governor. (2) Students in e…

No person shall wear any uniform, device, strap, knot or other insignia prescribed by law or general regulations as a designation of rank, grade or office in the Kentucky National Guard, except members of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States…

Guard. (1) No person shall, either as an individual or with another, willfully deprive a member of the National Guard or Kentucky active militia of employment, or prevent the member being employed, or in any way obstruct a member of the National Guard or Kentucky active militia i…

If the Kentucky National Guard or Kentucky active militia is called into state active duty by the Governor or into federal active duty by the President of the United States for any purpose, requiring the service of members who are students in any institution of learning in the st…

civil process. (1) Officers, warrant officers, and enlisted men of the Kentucky National Guard or Kentucky active militia ordered into state active duty by the Governor, and when specifically directed by the Governor, shall be deemed peace officers as defined in KRS 61.310 and 44…

duty. The Adjutant General may purchase liability insurance for the protection of members of the Kentucky National Guard called to state active duty by the Governor under KRS 38.030 to protect them for acts, omissions, and claims arising while on state active duty, and while not …

members. (1) As used in this section: (a) "Member" means a member of the Kentucky National Guard; and (b) "Program" means the state-sponsored group term life insurance program exclusively offered to all members of the Kentucky National Guard through the National Guard Association…

Any right, benefit, or protection that may accrue to a member of the Kentucky National Guard under the Federal Servicemembers Civil Relief Act, 50 U.S.C. secs. 501 et seq., as a result of a call to federal active duty service under Title 10 of the United States Code shall be exte…

(1) Any person who makes a false oath as to any statement contained in the enlistment papers mentioned in subsection (3) of KRS 38.090 shall be fined not less than ten dollars ($10) nor more than fifty dollars ($50). (2) Any civil officer who fails to execute process and sentence…

The Kentucky Emergency Response Commission is established to: (1) Implement all provisions of Title III, Pub. L. No. 99-499, associated federal regulations, and subsequent related legislation and regulations related to hazardous substances; develop policies related to the respons…

(1) When, during a state of emergency, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the state capital, the Governor shall, as often as the exigencies of the situation require, by proclamation, designate a temporary location for th…

In order to develop and maintain effective local emergency management agencies, and comprehensive emergency management programs and related activities, it is declared to be the policy of the Commonwealth of Kentucky to encourage and assist the counties, cities, urban-county gover…

Delegation of duties -- Commonwealth Activity Taxonomy System Committee - - Notification of disaster or emergency. (1) The Kentucky Office of Homeland Security shall be attached to the Office of the Governor and shall be headed by an executive director appointed by the Governor. …

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 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 miss…

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.

valid and binding. (1) When, during a state of emergency, it becomes imprudent, inexpedient, or impossible to conduct the affairs of local government at the regular or usual places, the governing body of each county, urban-county, charter county, and city of this Commonwealth may…

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 fo…

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…

available grants. (1) The Kentucky Office of Homeland Security shall identify and maintain a record of all federal homeland security funding, including grants, received in Kentucky. The record shall identify, at a minimum, the specific federal source, the amount, the specific rec…

As used in this chapter, unless the context requires otherwise: (1) "Commission" means the Kentucky Emergency Response Commission and those persons appointed by the Governor to implement provisions of Title III, Pub. L. No. 99-499 and this chapter. (2) "Local emergency planning c…