Title V, Military Affairs

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…

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 par…

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 hous…

Local emergency management agencies, including local directors or their deputies, and other local emergency management agency staff personnel and workers, and local emergency management agency-supervised operating units or personnel officially affiliated with the local disaster a…

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…

substances. Owners or operators of facilities which manufacture, use, or store extremely hazardous substances, as identified in 40 C.F.R. Part 355, and in quantities as identified in administrative regulations promulgated by the Division of Emergency Management shall advise the c…

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 requi…

(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 ma…

Owners or operators of facilities covered under KRS 39E.120 shall identify, within thirty (30) days of notifying the commission that the facility is subject to this chapter, the name of a facility representative who will work with the local committee in the development of emergen…

(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 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, (…

(1) City, county, urban-county governments, and charter county governments, school districts, special purpose district boards, or other municipal corporations or political subdivisions of the state or local government shall participate in the planning process conducted by local e…

(1) Plans developed under the guidance of the state commission shall be a part of the local emergency operations plan's hazardous materials annex. These plans shall be consistent with the requirements and criteria prescribed by the Kentucky Emergency Operations Plan's hazardous m…

(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 …

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…

(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 asses…

After the state commission approves plans developed by each local emergency planning committee, emergency response organizations of each city, county, urban-county government, and charter county government shall respond in a manner consistent with those plans.

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…

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.

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…

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…

Agencies of state government shall respond, within the confines of the Kentucky Emergency Operations Plan and agency policies, to releases of hazardous substances. Each response shall be consistent with the hazardous materials annex of the Kentucky Emergency Operations Plan. If a…

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 d…

Any claims against the commission or committees or their members shall be filed with the Kentucky Board of Claims in accordance with KRS 49.040 to 49.180.

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…

(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 repo…

When a release of a substance covered under Title III, Pub. L. No. 99-499 and administrative regulations promulgated under this chapter occurs in a reportable quantity, the owner or operator of the facility where the release occurs, or the owner or operator of the vehicle transpo…

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…

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 w…

(1) The state commission shall, by administrative regulation promulgated by the Division of Emergency Management, establish warning and notification standards, which shall include, but not be limited to: (a) The establishment of twenty-four (24) hour warning points; (b) Public wa…

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, lo…

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…

The division shall, upon direction of the commission, promulgate administrative regulations requiring manufacturers, users, or storers of hazardous substances to report information concerning inventories and locations of those substances. These administrative regulations shall us…

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 …

Upon request of the commission or local committee, facilities covered by those administrative regulations required in KRS 39E.210 shall, within the time periods prescribed by federal law, provide additional information necessary for developing and implementing the emergency plan …

(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…

Reports to the commission or committee shall be available to the public upon request in accordance with the provisions of KRS 61.870 to 61.884 relating to open records, if this information is not protected from release to the general public as a trade secret under federal law. Re…

(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…

No section of this chapter shall be construed as repealing any other laws of the Commonwealth, but it shall be held and construed as ancillary and supplemental to those laws.

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) …