.440 Requirements for participation in fund distribution.
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15.440 Requirements for participation in fund distribution.
(1)
Each local unit of government which meets the following requirements shall be
eligible to share in the distribution of funds from the Law Enforcement Foundation
Program fund:
(a) Employs one (1) or more police officers;
(b) Pays every police officer at least the minimum federal wage;
(c) Maintains the minimum educational requirement of a high school degree, or
its equivalent as determined by the Kentucky Law Enforcement Council, for
employment of police officers on or after July 1, 1972, and for all sheriffs
appointed or elected on or after July 15, 1998, and all deputy sheriffs, and
state or public university police officers employed after July 15, 1998;
provided, however, that all police officers employed prior to July 1, 1972,
shall be deemed to have met the requirements of this subsection, and that all
sheriffs serving in office on July 15, 1998, all deputy sheriffs, and state or
public university police, employed prior to July 15, 1998 shall be deemed to
have met the requirements of this subsection;
(d) Requires all police officers employed on or after July 1, 1972, and all sheriffs
appointed or elected on or after July 15, 1998, and deputy sheriffs, and state or
public university police officers employed on or after January 1, 1998, to
successfully complete a basic training course of at least six hundred forty
(640) hours' duration within one (1) year of the date of employment at a
school certified or recognized by the Kentucky Law Enforcement Council. All
sheriffs serving in office on July 15, 1998, all deputy sheriffs, and state or
public university police, employed prior to January 1, 1998, shall be deemed
to have met the requirements of this subsection. The council may, by the
promulgation of administrative regulations in accordance with the provisions
of KRS Chapter 13A, set the number of hours for basic training at a number
higher than six hundred forty (640) hours based upon a training curriculum
approved by the Kentucky Law Enforcement Council as determined by a
validated job task analysis;
(e) Requires all police officers, whether originally employed before or after July
1, 1972, and all sheriffs appointed or elected before, on, or after July 15, 1998,
and all deputy sheriffs and state or public police officers employed before, on,
or after July 15, 1998, to successfully complete each calendar year an in-
service training course, appropriate to the officer's rank and responsibility and
the size and location of his department, of at least forty (40) hours' duration at
a school certified or recognized by the Kentucky Law Enforcement Council.
This requirement shall be waived for the period of time that a peace officer is
serving on active duty in the United States Armed Forces. This waiver shall be
retroactive for peace officers from the date of September 11, 2001;
(f) Requires compliance with all provisions of law applicable to local police,
state or public university police, or sheriffs and their deputies, including
transmission of data to the centralized criminal history record information
system as required by KRS 17.150; and
(g)
Requires compliance with all reasonable rules and regulations, appropriate to
the size and location of the local police department, state or public university
police department, or sheriff's office, issued by the Justice Cabinet to facilitate
the administration of the fund and further the purposes of KRS 15.410 to
15.510;
(2)
No local unit of government which meets the criteria of this section shall be eligible
to continue sharing in the distribution of funds from the Law Enforcement
Foundation Program fund unless the local police department, state or public
university police department, or sheriff's office actually begins and continues to
comply with the requirements of this section; provided, further, that no local unit
shall be eligible to share in the distribution of funds from the Law Enforcement
Foundation Program fund until the local police department, state or public
university police department, or sheriff's office has substantially complied with
subsection (1)(f) and (g) of this section.
(3)
A sheriff's office shall not lose eligibility to share in the distribution of funds from
the Law Enforcement Foundation Program fund if the sheriff does not participate in
the Law Enforcement Foundation Program fund.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 106, sec. 2, effective June 24, 2003. -- Amended
2002 Ky. Acts ch. 137, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts
ch. 480, sec. 9, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 244, sec. 2,
effective July 15, 1998; ch. 510, sec. 2, effective July 15, 1998; and ch. 606,
sec. 120, effective July 15, 1998. -- Amended 1976 Ky. Acts ch. 105, sec. 1. --
Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(10). -- Created 1972 Ky. Acts ch. 71,
sec. 4.
2006-2008 Budget Reference. See State/Executive Branch Budget, 2006 Ky. Acts ch.
252, Pt. I, I.2.(3), at 1197; and State/Executive Branch Budget Memorandum, 2006
Ky. Acts ch. 257, at 2833 (Final Budget Memorandum, at 1138).
2004-2006 Budget Reference. See State/Executive Branch Budget, 2005 Ky. Acts
ch. 173, pt. I, I.1.b.(3) at 3081; and State/Executive Branch Budget Memorandum,
2005 Ky. Acts ch. 170, at 2505 (Final Budget Memorandum, at 830).