2014 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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<![CDATA[39B.010
Local emergency management to be maintained -- Unified local
emergency management agency.
(1)
(2)
(3)
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 public safety interest of the local
government within the territorial boundaries of the city, county, or counties
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.
(a) 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:
1.
Fully comply with all the provisions of KRS Chapters 39A to 39F;
2.
Comply with the Interlocal Cooperation Act or locally adopted
memorandums of agreement, as necessary and appropriate; and
3.
Are determined to be in compliance with all requirements of KRS
Chapters 39A to 39F by the director of the Division of Emergency
Management.
(b) Two (2) or more contiguous county governments, including or excluding
the cities within their jurisdictions, may jointly create a single, unified local
emergency management agency to serve the counties and participating
cities within those counties 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 meet the requirements set out in subparagraphs 1. to 3. of
paragraph (a) of this subsection.
The local emergency management agency shall be an organizational unit of
the executive branch of city, county, urban-county, charter county government,
or counties acting jointly under the provisions of subsection (2)(b) of this
section 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 the case of counties acting jointly pursuant to this
(4)
(5)
section, the supervision of the agency shall be set out by agreement or
ordinance approved by the legislative body of each county. 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.
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, 2014
History: Amended 2014 Ky. Acts ch. 99, sec. 3, effective July 15, 2014. -- Created
1998 Ky. Acts ch. 226, sec. 29, effective July 15, 1998.
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