KRS § 39A.070 — KY Code / Title V / Chapter 39A / Section 39A.070
39A.070 Powers, responsibilities, and duties of director
Status: in_force

39A.070 Powers, responsibilities, and duties of director.

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.