39A.070 Powers, responsibilities, and duties of director.
1,174 words·~5 min read·
/ky/chapter-39a/39a-070A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The director, with the approval of the adjutant general, shall exercise the following powers, responsibilities, and duties:
(1)To represent the Governor on all matters pertaining to the comprehensive
emergency management program and the disaster and emergency response
of the Commonwealth;
(2)To coordinate the development of a statewide comprehensive emergency
management program, and through it, an integrated emergency management
system for the disaster and emergency response of the Commonwealth;
(3)To promulgate administrative regulations and issue orders, directives,
standards, rules, procedures, guidance, or recommended practices necessary
to coordinate the development, administration, organization, operation,
implementation, and maintenance of the statewide comprehensive emergency
management program and the integrated emergency management system of
the Commonwealth;
(4)To coordinate the development of comprehensive emergency management
programs by the cities, counties, and urban-county or charter county
governments as functional components of the integrated emergency
management system of the Commonwealth;
(5)To supervise the development and maintenance of the Kentucky Emergency
Operations Plan, and to review and give concurrence to local emergency
operations plans required pursuant to KRS Chapters 39A to 39F;
(6)To coordinate the comprehensive emergency management program of the
Commonwealth with the emergency management or other emergency
response-related programs of the federal government, and of other states, to
the fullest appropriate extent;
(7)To advise the Governor and the adjutant general immediately of the
occurrence or threatened or impending occurrence of any disaster or
emergency, and to recommend to the Governor any emergency executive
action that the Governor should execute;
(8)To serve as the Governor's primary liaison with local officials in the event of the
occurrence, or threatened or impending occurrence, of any disaster or
emergency in the cities, counties, urban-counties, or charter counties of the
Commonwealth;
(9)To take any other preparedness or response actions deemed necessary for
adequate response to a disaster or emergency situation to include: requesting
increased readiness activities by state or local agencies in advance of an
actual disaster or emergency; requesting implementation of local emergency
operations plans or the activation of local emergency operations centers;
requesting reports from state or local agencies regarding emergency situations,
damage assessments, or the taking of emergency response actions; and
requesting the mobilization or deployment of any trained and equipped forces
of state or local government for the disaster and emergency response
purposes set forth in KRS Chapters 39A to 39F;
(10)To request and utilize the personnel, equipment, services, and facilities of
existing officers and agencies of the Commonwealth and of all political
subdivisions and special districts. All these officers and agencies shall fully
cooperate with and extend their resources to the director as requested to the
extent that local public safety is not unreasonably compromised;
(11)To employ measures and give directions to the state or local boards of health
as necessary for the purpose of securing compliance with the provisions of
KRS Chapters 39A to 39F, or with the findings or recommendations of the
boards of health, because of conditions arising from disasters, emergency
situations, national security emergencies, or the threat thereof;
(12)To request and utilize the services of state and local law enforcement officers
for the purpose of securing compliance with the provisions of KRS Chapters
39A to 39F, or any order of the Governor pertaining to disaster and emergency
response;
(13)On behalf of this Commonwealth, with the approval of the Governor or act of
the General Assembly, to enter into reciprocal aid agreements or compacts
with other states and the federal government, either on a statewide, local,
county, or city basis, or with other states or a province of a foreign country. The
mutual aid agreements shall be limited to the furnishing or exchange of food,
clothing, medicine, and other supplies; engineering services; emergency
housing; police services; National Guard personnel and resources while under
the control of the state; health, medical, and related services; firefighting;
rescue; search and rescue or recovery; urban search and rescue; hazardous
materials response services, transportation and construction services and
equipment; personnel necessary to provide or conduct these services and
other supplies, equipment, facilities, personnel, and services as needed; the
reimbursement of costs and expenses for equipment, supplies, personnel, and
similar items for mobile support units, firefighting, search and rescue, and
police units, and health units; and on the terms and conditions deemed
necessary;
(14)To sponsor and develop mutual aid plans and agreements among the
urban-county or charter county governments, counties, cities, and other
political subdivisions and special districts of the Commonwealth, similar to the
mutual aid arrangements with other states referred to in subsection
(13)of this
section;
(15)To procure motor vehicles, radio and telecommunications equipment,
protective clothing, safety equipment, and other necessary supplies and
materials to meet the emergency response, operational, and administrative
needs of the division;
(16)To identify deficiencies existing in the emergency management program
organization, facilities, and capabilities of the Commonwealth, including but not
limited to: personnel and administrative resources; state, sub-state, area, or
local emergency operations centers; mobile command posts; emergency
telecommunications and computer systems; alerting and warning systems;
stockpiles of critical resources; or any other necessary elements, and to
recommend to the adjutant general, for consideration by the Governor or the
General Assembly or other appropriate funding authority, the administrative or
operational funding requirements, and long-range capital construction or
improvement projects needed to meet the emergency management
infrastructure needs of the Commonwealth;
(17)To serve as the state coordinating officer and notify the Governor of the
appropriations necessary to fund the expected emergency operational or
response costs of the division, and the Commonwealth's share of the grants
provided by Pub.L.No. 93-288, Title V, Federal Disaster Assistance Programs
as amended by Pub.L.No. 100-707, the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, or successor acts or titles, and further, take action
necessary to ensure entitlement to all other federal relief or assistance
programs;
(18)To cooperate with the President of the United States, the Federal Emergency
Management Agency, and other appropriate federal offices and agencies, and
the offices and agencies of other states in matters pertaining to the
comprehensive emergency management program of the Commonwealth and
nation; and in connection with these, to take any measures considered
necessary to implement any request of the President and the appropriate
federal offices and agencies, for any action requiring effective disaster and
emergency response, including the direction or control and mobilization of
disaster and emergency response forces; tests and exercises, warnings, and
signals for drills or other emergency response activities and the mechanical
devices to be used in connection with these; the shutting off of water mains,
gas mains, electric power connections, and the suspension of all other utility
services; the conduct of civilians and the movement and cessation of
movement of pedestrians and vehicular traffic during, prior, and subsequent to
a drill, emergency, declared emergency, or disaster; public meetings or
gatherings; and the evacuation and sheltering of the civilian population; and
(19)To delegate any authority vested in the director under KRS Chapters 39A to
39F and to provide for the subdelegation of any such authority.