KRS § 39B.045 — KY Code / Title V / Chapter 39B / Section 39B.045
39B.045 Mutual aid agreements between Kentucky or its agencies or political subdivisions and units of government from another state
Status: in_force

39B.045 Mutual aid agreements between Kentucky or its agencies or political

subdivisions and units of government from another state.

(1) As used in this section, "emergency" means an occurrence or condition in a

jurisdiction within or outside of the Commonwealth that results in a situation:

(a) That poses an immediate risk to health, life, property, or the environment;

(b) That is not initially at the level of a disaster or emergency that requires a local

or state declaration of disaster or emergency, even if such a local or state

declaration is made after the initial request for mutual aid; and

(c) For which the governing jurisdiction determines:

1. The situation exceeds its ability to render appropriate aid; and

2. That it is in the public's best interest to request mutual aid from a

governmental jurisdiction or private entity in another state with which

the governing jurisdiction has entered into a mutual aid agreement under

this section.

(2) (a) As used in this section, "emergency responder" means a person:

1. Who is required to possess a license, certificate, permit, or other official

recognition for the person's expertise in a particular field or area of

knowledge; and

2. Whose assistance is desirable during an emergency.

(b) The term includes but is not limited to the following:

1. Firefighters, hazardous materials personnel, specialized rescue

personnel, extrication personnel, water rescue personnel, and other

specialized personnel;

2. Emergency medical services personnel;

3. Physicians;

4. Nurses;

5. Mental health practitioners, veterinary practitioners, and other public

health practitioners;

6. Emergency management personnel; and

7. Public works personnel.

(3) As used in this section, "political subdivision" has the same meaning as in KRS

39D.040.

(4) (a) In order to more adequately address emergencies that extend or exceed a

jurisdiction's emergency response capabilities, either without rising to the

level of a state or local declaration of a state of disaster or emergency, or in

the initial stages of an event that may later become a declared state of disaster

or emergency, the state and any of its departments or agencies, or any political

subdivision, may enter into written mutual aid agreements with units of

government from another state that provide coordination of communications

for, training for, response to, and standby for planned events and emergency

responses within the Commonwealth of Kentucky or in another state.

(b) When an emergency responder from outside Kentucky is engaged in training,

standby, and emergency response in accordance with a mutual aid agreement

under this section, the emergency responder from outside Kentucky is

permitted to provide services within Kentucky in accordance with this section

and the terms of the mutual aid agreement under this section.

(c) This section shall not be construed to prohibit a private entity or its employees

from participating in the provision of mutual aid if:

1. The participating political subdivision approves the participation of the

private entity; and

2. A contract between the political subdivision and the participating private

entity permits the participation.

(5) If an emergency responder from a jurisdiction outside Kentucky holds a license,

certification, or other permit recognized or issued by another state, that emergency

responder is considered to be licensed, certified, and permitted in Kentucky to

render aid involving such skill to meet the request for assistance under a mutual aid

agreement signed pursuant to this section, so long as the emergency responder acts

within the scope of:

(a) The emergency responder's license, certificate, or permit; and

(b) What would be authorized by an equivalent license, certificate, or permit from

or recognized by the Commonwealth of Kentucky.

(6) All immunities from liability available to Kentucky political subdivisions, other

units of local government in Kentucky, and their officers, agents, and employees

within Kentucky are extended to political subdivisions and other units of local

government from another state, and their officers, agents, and employees, who

under a mutual aid agreement authorized by this section are:

(a) Providing mutual aid; or

(b) Engaged in training and exercises.

(7) (a) Emergency responders rendering mutual aid under a mutual aid agreement

authorized by this section remain employees and agents of their respective

employers and jurisdictions.

(b) A mutual aid agreement entered into under this section does not create an

employment relationship between the jurisdiction requesting aid and the

employees and agents of the jurisdiction rendering aid.

(c) All pension, relief, disability, death, worker's compensation, and all other

benefits enjoyed by emergency responders rendering mutual aid under a

mutual aid agreement authorized by this section extend to the services the

emergency responders perform outside their respective jurisdictions, as if

those services had been rendered in their own jurisdiction.

(8) A mutual aid agreement under this section shall be approved by each political

subdivision entering into the mutual aid agreement. A copy of the mutual aid

agreement, including any amendments, shall be delivered to the fiscal court or

legislative body having countywide jurisdiction and the county emergency

management agency of that jurisdiction.

(9) This section shall not be construed to limit, modify, or abridge:

(a) Kentucky's emergency management agency statutes; or

(b) The emergency management assistance compact under KRS 39A.950.