RELATES TO:

KRS 39B.010, 39B.020, 39B.030, 39B.990

STATUTORY AUTHORITY:

KRS 39A.050(2)(j), (m), 39A.070(3)

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 39A.050(2)(m) requires the Division of Emergency Management to promulgate administrative regulations to implement KRS Chapter 39A through 39F. KRS 39B.010(1) requires each city, county, charter county, or urban-county government create a local emergency management agency. This administrative regulation establishes the requirements to be met by a governing body of a city, county, charter county, or urban-county government to develop and pass a local emergency management agency ordinance.

1. Section 1. Ordinance Provisions.

   1. (1) The governing body of a city, county, charter county, or urban-county Government shall pass a local ordinance pertaining to local emergency management agency creation, as established in KRS 39B.010.

   2. (2) A local ordinance passed pursuant to subsection (1) of this section shall:

      1. (a) Include the term "emergency management" in the title of the local ordinance; and

      2. (b) Include provisions that state:

         1. 1. The official name of a local emergency management agency created in the local ordinance;
         2. 2. The functional and operational organization of a local emergency management agency consistent with KRS 39B.010;
         3. 3. The establishment and use of a local emergency management agency budget account consistent with KRS 39B.010(3);
         4. 4. The powers and responsibilities of a local emergency management agency;
         5. 5. The powers, authorities, rights, and duties of a local emergency management agency director appointed pursuant to KRS 39B.020, including all the powers, duties, rights, and authorities established in KRS 39B.030; and
         6. 6. Ordinance enforcement, including the establishment of penalties for violation of the local ordinance.
2. Section 2. Documentation Requirements. A full copy of a local emergency management agency ordinance and any amendments, agreements, compacts, or other documents associated with the joint creation of a local emergency management agency pursuant to KRS 39B.010(2)(b) shall be submitted by a local director to the area manager for transmittal to the Director of the Division of Emergency Management within thirty (30) calendar days following final passage or adoption by a local governing body.

History

(49 Ky.R. 176, 1038; eff. 11-16-2022.)

FILED WITH LRC: October 11, 2022

CONTACT PERSON: Corey Ann Howard Jackson, Legislative Liaison and Policy Specialist, Department of Military Affairs, 100 Minuteman Parkway, Frankfort, Kentucky 40601, phone (502) 330-3323, fax (502) 607-1240, email corey.a.jackson23.nfg@army.mil.