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AN ACT relating to the Kentucky Emergency Volunteer Corps. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 37.170 is amended to read as follows: 3
(1) The Governor is hereby authorized to enlist, organize, maintain, equip, discipline 4
and pay when called into active field service a volunteer state defense force other 5
than the National Guard, which shall constitute the active militia and shall be 6
known as the Kentucky State Defense Force, which shall consist of able-bodied 7
citizens who are residents of the State of Kentucky between the ages of eighteen 8
(18) and sixty-four (64) who are not active members of a reserve component of the 9
Armed Forces of the United States. 10
(2) Whenever the President of the United States shall call any part of the National 11
Guard of this state into active federal service, the Governor is hereby authorized to 12
organize the Kentucky State Defense Force under such regulations as may be 13
promulgated by the Governor or adjutant general. 14
(3) The Governor shall have the power to alter, divide, annex, disband or reorganize 15
any organization of the Kentucky State Defense Force whenever in his judgment 16
the efficiency of the state forces will thereby be increased, and he shall have power 17
to change the organization so as to conform to the regulations now or hereafter 18
prescribed by the laws of the United States for the organization of the National 19
Guard or militia. 20
(4) The Kentucky Emergency Volunteer Corps is established as part of the Kentucky 21
State Defense Force under the authority of the adjutant general and shall be 22
composed of volunteers in each county, acting locally under the direction of the 23
local emergency management director pursuant to KRS 39A.020 and in 24
accordance with Section 2 of this Act. 25
SECTION 2. A NEW SECTION OF KRS CHAPTER 37 IS CREATED TO 26
READ AS FOLLOWS: 27 UNOFFICIAL COPY 25 RS BR 897
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(1) As used in this section, "KEV Corps" means the Kentucky Emergency Volunteer 1
Corps established in Section 1 of this Act. 2
(2) KEV Corps shall: 3
(a) Be an unarmed volunteer unit organized under the Department of 4
Emergency Management; 5
(b) Be under the direction of the adjutant general; and 6
(c) Act locally under the local emergency management director; 7
to provide trained volunteer support during emergency situations in accordance 8
with subsection (9) of this section. 9
(3) The KEV Corps shall consist of able-bodied citizens who: 10
(a) Are residents of Kentucky between the ages of eighteen (18) and sixty-four 11
(64); 12
(b) Are not active members of a reserve component of the Armed Forces of the 13
United States and: 14
(c) Have a high school diploma or High School Equivalency Diploma; 15
(d) Submit to and pass a state and national criminal history background check; 16
(e) Complete KEV Corps basic training or show documentation of military 17
service within the past five (5) years; and 18
(f) Maintain certifications or other training standards required by the adjutant 19
general. 20
Persons who do not meet the standards described in this subsection may 21
participate in an auxiliary role as prescribed by the local emergency management 22
director. 23
(4) Training standards for KEV Corps shall include: 24
(a) The United States and Kentucky Constitutions, civics, and common law 25
training; 26
(b) Successful completion of the United States citizenship test; 27 UNOFFICIAL COPY 25 RS BR 897
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(c) First Aid, CPR, and AED safety training; 1
(d) Certification by the Federal Emergency Management Agency's certification 2
in Military Emergency Management Specialist training; 3
(e) Emergency communications, radio, and linking to amateur or ham radio 4
communities; 5
(f) Physical training and self-defense; 6
(g) Field and survival skills; and 7
(h) Advanced training for leaders and job-specific skills as identified by the 8
adjutant general. 9
(5) Each KEV Corps volunteer shall attend and complete basic training provided at 10
the direction of the adjutant general and have continued training no less than 11
one (1) day a month and one (1) week each calendar year. 12
(6) The uniform of KEV Corps volunteers shall include: 13
(a) Khaki colored pants; 14
(b) KEV Corps logoed tee shirt; 15
(c) Reflective safety vest; and 16
(d) Sturdy footwear or boots. 17
(7) The KEV Corps shall rely upon state appropriations, donations, and any 18
available grants or moneys. 19
(8) The Department of Military Affairs may develop a command structure to 20
coordinate any regional or statewide emergency use with the consent of the local 21
KEV Corps units or members. 22
(9) The KEV Corps may be used in response to severe weather, earthquakes, 23
declared emergencies, and at the discretion of the adjutant general or the local 24
emergency management director. 25
(10) The KEV Corps may cooperate with state and local emergency management 26
agencies, local governments, law enforcement, first responders, volunteer 27 UNOFFICIAL COPY 25 RS BR 897
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organizations, and state community crisis teams. 1
(11) Members of the KEV Corps shall not perform the military duties of Kentucky 2
National Guard members or those of peace officers and shall not have the power 3
of arrest, the ability to issue citations, or the authority to use or carry deadly 4
weapons in the scope of their duties. 5
(12) There is hereby established in the State Treasury a trust and agency account to be 6
known as the Kentucky Emergency Volunteers Corps fund. The fund shall 7
consist of moneys received from state appropriations, gifts, grants, donations, and 8
federal funds. 9
(13) The fund shall be administered by the Department of Military Affairs. 10
(14) Amounts deposited in the fund shall be used for buying uniforms, training 11
expenses, emergency preparedness supplies and equipment, first aid supplies, and 12
promotional material and for no other purpose. 13
(15) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal 14
year shall not lapse but shall be carried forward into the next fiscal year. 15
Section 3. KRS 39B.030 is amended to read as follows: 16
A local emergency management director, appointed pursuant to this chapter, shall have 17
the following powers, authorities, rights, and duties: 18
(1) To represent the county judge/executive, or chief executive officers in the case of 19
counties acting jointly under KRS 39B.010, or mayor on all matters pertaining to 20
the comprehensive emergency management program and the disaster and 21
emergency response of the county, counties acting jointly under KRS 39B.010, 22
urban-county, charter county, or the county or counties acting jointly and the cities 23
therein, unless there is a local director appointed for a city in accordance with this 24
chapter, who represents that city; 25
(2) To be the executive head and chief administrative officer of the local emergency 26
management agency, and to direct, control, supervise, and manage, the 27 UNOFFICIAL COPY 25 RS BR 897
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development, preparation, organization, administration, operation, implementation, 1
and maintenance of the comprehensive emergency management program of the 2
county, counties acting jointly under KRS 39B.010, urban-county government, 3
charter county government, or the county or counties acting jointly and the cities 4
therein, and to coordinate all local disaster and emergency response, unless there is 5
a local director appointed for a city in accordance with this chapter, who represents 6
that city; 7
(3) To develop and maintain a local emergency operations plan entitled "county 8
emergency operations plan," or "joint counties emergency operations plan," or "city 9
emergency operations plan," or "city/county emergency operations plan," as 10
appropriate, the provisions of which shall establish the organizational structure to 11
be utilized by local government to manage disaster and emergency response, and 12
set forth the policies, procedures, and guidelines for the coordination of all disaster 13
and emergency response in the county and all the cities therein for an emergency, 14
declared emergency, disaster, or catastrophe. The local emergency operations plan 15
shall be developed consistent with the appropriate provisions of the Kentucky 16
emergency operations plan, the provisions of KRS Chapters 39A to 39F, planning 17
guidance issued by the division, and administrative regulations promulgated by the 18
division. The local emergency operations plan shall be officially adopted by signed 19
executive order of the county judge/executive or mayor, or in the case of counties 20
acting jointly under KRS 39B.010, by all chief executive officers of the 21
participating counties. The executive order shall be filed with the office of the clerk 22
for the local jurisdiction and a copy placed in the local emergency operations plan. 23
A copy of the local emergency operations plan, and all revisions or updates thereto, 24
shall be submitted by the local director to the Division of Emergency Management 25
for concurrence review and reference. The local emergency operations plan shall be 26
a component of the integrated emergency management system of the 27 UNOFFICIAL COPY 25 RS BR 897
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Commonwealth, and subject to the Kentucky Emergency Operations Plan, shall be 1
the primary local strategic planning document governing the coordination of all 2
disaster and emergency response in the county, counties acting jointly under KRS 3
39B.010, city, or the county or counties acting jointly and the cities therein, and 4
shall be applicable to, utilized by, and adhered to by, all local emergency response 5
departments, agencies, and officials of the local disaster and emergency services 6
organization in the county and the cities therein. The local emergency operations 7
plan shall be updated not less than annually; 8
(4) To establish and maintain a local disaster and emergency services organization in 9
accordance with the local emergency operations plan, the Kentucky Emergency 10
Operations Plan, and the provisions of KRS 39B.050; 11
(5) To notify the county judge/executive, mayor, or executive authority of other local 12
governments and the Division of Emergency Management immediately of the 13
occurrence, or threatened or impending occurrence, of any emergency or disaster, 14
and recommend any emergency actions which should be executed; 15
(6) To be the chief advisor to, and the primary on-scene representative of, the county 16
judge/executive, mayor, or executive authority of other local governments in the 17
event of occurrence of any emergency, declared emergency, disaster, or catastrophe 18
within the local jurisdiction; 19
(7) (a) To respond and have full access to the scenes of an emergency, declared 20
emergency, disaster, or catastrophe to immediately investigate, analyze, or 21
assess the seriousness of all situations; to coordinate the establishment and 22
operation of a local incident command or management system; to execute the 23
local emergency operations plan, as appropriate; to activate the local 24
emergency operations center or on-scene command post; to convene 25
meetings, gather information, conduct briefings, and to notify the division of 26
on-going response actions; and fully expedite and coordinate the disaster and 27 UNOFFICIAL COPY 25 RS BR 897
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emergency response of all local public and private agencies, or to have a staff 1
assistant do so; 2
(b) At a declared emergency or declared disaster, at the direction of the county 3
judge/executive or mayor, as appropriate, to take or direct immediate actions 4
to protect public safety; however, this paragraph shall not preclude a local 5
director from providing any assistance that he is requested to, and is able to, 6
provide at any emergency. 7
(8) To act as an official representative of the division in emergency situations when 8
specifically requested by the director; 9
(9) To report directly to the county judge/executive, mayor, or executive authority of 10
other local governments, act in an official policy-making capacity when carrying 11
out the duties of local emergency management director, and exercise full signatory 12
authority for execution of all contracts, agreements, or other official documents 13
pertaining to the administration and operation of the local emergency management 14
agency and program; 15
(10) To direct or supervise all paid or volunteer emergency management staff assistants 16
or other local emergency management agency workers, and all operating units or 17
personnel officially appointed and affiliated with the local disaster and emergency 18
services organization pursuant to KRS 39B.070 and the Kentucky Emergency 19
Volunteer Corps within his or her county pursuant to Section 2 of this Act; 20
(11) To prepare and submit regular or scheduled program activity reports to the area 21
manager of the division and local chief executives; 22
(12) To execute bond, if appropriate, in the amount determined by the appointing 23
authorities; 24
(13) Annually, by the first day of March, to prepare and submit a program budget 25
request to the county judge/executive and mayor; 26
(14) Annually, by the fifteenth day of July, to prepare and submit to the division a 27 UNOFFICIAL COPY 25 RS BR 897
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locally-approved, fiscal year program paper and budget request; 1
(15) To perform all administrative, organizational, or operational tasks required by the 2
provisions of this chapter, or administrative regulations, or program guidance 3
pertaining thereto; 4
(16) To be a registered member of the Kentucky Emergency Management Association 5
or other professional emergency management organization; and 6
(17) To carry out all other emergency management-related duties as required by KRS 7
Chapters 39A to 39F, administrative regulations, or local orders or ordinances. 8
Section 4. KRS 39B.050 is amended to read as follows: 9
(1) Each local emergency management director shall establish and maintain a local 10
disaster and emergency services organization in accordance with a city or county or 11
city/county or joint counties emergency operations plan required pursuant to KRS 12
Chapters 39A to 39F. The local disaster and emergency services organization shall 13
be composed[comprised] of the following members and participants: 14
(a) The county judge/executive, or chief executive officers when counties are 15
acting jointly under KRS 39B.010, and mayors, or the chief executive of other 16
local governments; 17
(b) Elected legislative officials of the county and cities; 18
(c) The local emergency management director and all local emergency 19
management agency staff members and workers, or emergency management 20
agency-supervised operating units or personnel; 21
(d) All regular or volunteer public safety or emergency services department heads 22
or agency chiefs in the cities or county; 23
(e) All regular or volunteer public safety or emergency services department or 24
agency members in the cities or county, including Kentucky Emergency 25
Volunteer Corps members; 26
(f) All districts, corporations, public agencies, groups, or political subdivisions of 27 UNOFFICIAL COPY 25 RS BR 897
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the state and special districts within the county or the cities thereof, which are 1
organized under the laws of the Commonwealth to provide an emergency 2
response service or related function in the interest of public safety; and 3
(g) All private sector personnel, agencies, organizations, companies, businesses, 4
or individuals and citizens who agree to provide their assets, resources, 5
talents, services, or supplies in aid to the local disaster and emergency 6
services organization of the cities or county in accordance with the approved 7
local emergency operations plan of the city, county, or counties acting jointly 8
under KRS 39B.010, urban-county government, or charter county 9
government. 10
(2) The local disaster and emergency services organization shall have responsibility for 11
the performance of all disaster and emergency response functions contemplated in 12
KRS 39A.010, 39A.020, or 39A.030 and as listed or assigned in the city, county, or 13
counties acting jointly under KRS 39B.010, or city/county emergency operations 14
plan, except that the Division of Forestry of the Energy and Environment Cabinet 15
shall have primary responsibility for directing the implementation of all forest fire 16
emergency responses consistent with KRS Chapter 149. Disaster and emergency 17
response functions may be assigned within the local disaster and emergency 18
services organization to existing agencies and organizations, public and private. It 19
shall not be necessary for the local disaster and emergency services organization to 20
create, provide, or maintain an additional or auxiliary capability for any existing 21
function or service deemed adequate to local needs. 22
(3) The local disaster and emergency services organization shall be the primary disaster 23
and emergency response force of city, county, or counties acting jointly under KRS 24
39B.010, urban-county government, or charter county government and an 25
organizational component of the integrated emergency management system of the 26
Commonwealth. The local emergency management director shall have primary 27 UNOFFICIAL COPY 25 RS BR 897
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responsibility for the coordination of all disaster and emergency response of the 1
local disaster and emergency services organization for an emergency, declared 2
emergency, disaster, or catastrophe. 3
Section 5. KRS 39B.070 is amended to read as follows: 4
Each city, county, urban-county government, or charter county government may: 5
(1) Through the county judge/executive of a county other than an urban-county 6
government, mayor of an urban-county government, chief executive of other local 7
governments, or mayor of a city, or their designees as provided by ordinance, 8
declare in writing a state of emergency when required, and thereafter execute any 9
emergency powers granted under this chapter to provide for adequate and 10
appropriate response to any occurrence or situation or any impending event or 11
situation resulting from any of the situations or events contemplated by KRS 12
39A.010, 39A.020, or 39A.030; 13
(2) Appropriate and expend funds, make contracts, enact cost-recovery ordinances, 14
obtain and distribute equipment, materials, and supplies for disaster and emergency 15
response purposes; provide for the health and safety of persons and property, 16
including emergency assistance to the victims of any disaster or emergency; review 17
or approve local emergency operations plans; and enact orders or ordinances 18
pertaining to local emergency management programs in accordance with the 19
policies and plans prescribed by the federal and state emergency management 20
agencies and the provisions of KRS Chapters 39A to 39F; 21
(3) Appoint, employ, remove, or provide, with or without compensation, staff assistants 22
to the local emergency management director, and clerical, administrative, technical 23
or other local emergency management agency staff personnel, and local emergency 24
management agency-supervised operating units officially affiliated with the local 25
disaster and emergency services organization by city or county order or ordinance 26
including rescue squads, auxiliary fire, police, and medical personnel, urban search 27 UNOFFICIAL COPY 25 RS BR 897
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and rescue teams, severe weather spotters teams, damage assessment teams, 1
amateur radio or communications personnel, Kentucky Emergency Volunteer 2
Corps members, or other emergency response groups, teams, or personnel, and 3
other disaster and emergency response workers; 4
(4) Establish a primary and one (1) or more secondary emergency operations centers or 5
on-scene command posts to serve as official local government command posts 6
during an emergency, declared emergency, disaster, or catastrophe; 7
(5) Subject to the order of the Governor, or the chief executive of the county, urban-8
county government, charter county government, or city, to assign and make 9
available for duty, the employees, property, or equipment of the county or city 10
relating to firefighting, engineering, rescue, health, medical and related services, 11
police, transportation, construction, and similar items or services for disaster and 12
emergency response purposes within or outside of the physical limits of the county, 13
urban-county government, charter county government, or city; 14
(6) In the event of a national emergency or state of declared emergency or declared 15
disaster or catastrophe, as provided in KRS 39A.100, waive procedures and 16
formalities otherwise required by the law pertaining to: the performance of public 17
work; entering into contracts; the incurring of obligations; the employment of 18
permanent and temporary workers; the utilization of volunteer workers; the rental 19
of equipment; the purchase and distribution, with or without compensation, of 20
supplies, materials, and facilities; the appropriation and expenditure of public funds; 21
and the demolition and removal of damaged public and private structures; and 22
(7) Confer or authorize the conferring upon members of the auxiliary police the powers 23
of peace officers, subject to the provisions of KRS 61.300, and any other 24
restrictions imposed by the appointing authority. 25