2014 Kentucky Revised Statutes CHAPTER 39F - LOCAL RESCUE PROGRAMS - STATE AND LOCAL SEARCH AND RESCUE PROGRAMS 39F.140 Purchase, disposal, and inspection of equipment -- Audit of funds.
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39F.140 Purchase, disposal, and inspection of equipment -- Audit of funds.
(1)
(2)
(3)
(4)
(5)
(6)
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, (canceled check, cash paid receipt, or
similar document), within ninety (90) days of the receipt of the grant funds. An
extension of time periods may be granted for cause upon written application to
the director. Requests for time extensions shall be submitted through the local
emergency management director to the area manager, for transmittal to the
director. The director may grant or deny extensions based upon need. Any
funds not encumbered or expended during the grant period shall be returned to
the division, unless authorized in writing by the director to make additional
purchases with encumbered funds.
All equipment purchased with rescue aid funds shall be selected from the
minimum equipment list unless an exception is approved by the director.
Optional items shall not be approved until all items on the required list have
been acquired.
The rescue squad shall be accountable to the Commonwealth of Kentucky for
all equipment purchased in whole or in part with rescue aid funds, and shall
ensure the storage or positioning of all equipment within the geographical
boundaries of the Commonwealth at all times, except when being utilized on an
out-of-state mission approved by the division. All equipment with a purchase
price of three hundred dollars ($300) or more shall be assigned a serial number
provided by the division which shall be engraved on the equipment. After five
(5) years from the date of purchase, all equipment costing less than three
hundred dollars ($300) shall be released to the squad. Equipment costing in
excess of three hundred dollars ($300) may be released to the squad after
approval has been granted by the director. Squads requesting release of
equipment shall define in writing the rationale and justification for the release.
Permission to dispose of unserviceable, obsolete, or damaged items, which
have not been released to the squad pursuant to subsection (3) of this section,
purchased in whole or in part with rescue aid funds, may be granted by the
director. Requests for this action shall be submitted through the local
emergency management director to the area manager for transmittal to the
director.
When a rescue squad is disbanded, loses its local charter to operate, or
otherwise becomes, in the determination of the director, incapable of
performing its duties as provided in KRS 39F.020, all equipment purchased in
whole or in part with rescue aid funds, and which has not been released to the
squad pursuant to subsection (3) of this section, shall revert to the division for
reallocation. If local funds were used to pay for a portion of the equipment or
the equipment has depreciated, the squad may return the equipment to the
division or repay an amount determined appropriate by the director. The option
of repayment shall exist only upon the disbanding, loss of local charter, or
determination of inability of the squad to perform its duties.
In making determinations with regard to equipment which a rescue squad
possesses either for funding or accountability purposes, equipment personally
owned by members of a rescue squad shall not be counted for any purpose.
Personally owned equipment shall not be used to fulfill the requirements of the
minimum equipment list for the squad.
(7) Equipment which has been purchased in whole or in part with rescue aid
funds, and which has not been released to the squad pursuant to subsection
(3) of this section, shall be subject to inspection upon twenty-four (24) hours
notice, by the local emergency management director, an area manager, or any
other employee of the division.
(8) An inspection shall be made when accountable items are reported damaged, in
need of replacement, or where there is evidence of misuse. Inspections may
also be made upon the request of the local director, an area manager, or the
director.
(9) An annual inspection of equipment purchased in whole or in part with rescue
aid funds, and which has not been released to the squad pursuant to
subsection (3) of this section, may be conducted by the local director, or an
area manager. The review shall be made to ensure accountability, or proper
maintenance and utilization of the equipment.
(10) All funds provided pursuant to KRS 39F.100, 39F.110, 39F.120, 39F.130,
39F.140, 39F.150, and 39F.160 shall be subject to state audit and rescue
squads shall cooperate fully to provide necessary documentation and other
support required for the audit.
(11) A rescue squad aggrieved by a decision of the division to withdraw funds or
equipment allocated to the rescue squad pursuant to subsection (5) of this
section may appeal the decision in the manner provided in KRS 39C.080.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 226, sec. 96, effective July 15, 1998.
Legislative Research Commission Note (7/15/98). Although 1998 Ky. Acts
ch. 226, sec. 96 had a citation to "Section 94 of this Act" (codified as KRS
39F.120) in subsection (5) of this statute, it is clear from context that Section 84
(codified as KRS 39F.020) was intended, and this manifest clerical or
typographical error has been corrected in codification KRS 7.136(1)(h).
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