2013 Kentucky Revised Statutes CHAPTER 39B - LOCAL EMERGENCY MANAGEMENT PROGRAMS 39B.010 Local emergency management to be maintained -- Unified local emergency management agency.
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39B.010 Local emergency management to be maintained -- Unified local
emergency management agency.
(1)
(2)
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(4)
Each city, county, urban-county or charter county government 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 or county 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.
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:
(a) Fully comply with all the provisions of KRS Chapters 39A to 39F;
(b) Comply with the Interlocal Cooperation Act or locally adopted
memorandums of agreement, as necessary and appropriate; and
(c) Are determined to be in compliance with all requirements of KRS
Chapters 39A to 39F by the director of the Division of Emergency
Management.
The local emergency management agency shall be an organizational unit of
the executive branch of city, county, and urban-county or charter county
government 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 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.
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.
(5)
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.
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, 1998
History: Created 1998 Ky. Acts ch. 226, sec. 29, effective July 15, 1998.
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