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or catastrophe in the Commonwealth. The Kentucky Emergency Operations Plan
shall be submitted to the Governor for approval when the Governor assumes
office following each gubernatorial election, or at other times as the director
deems appropriate. The Governor shall provide written approval of the Kentucky
Emergency Operations Plan through issuance of an executive order and the
division shall file a copy of the executive order with the Legislative Research
Commission. The Kentucky Emergency Operations Plan shall be the primary strategic
disaster and emergency response planning component of the integrated emergency
management system of the Commonwealth, and shall be utilized and followed
by all state agencies, all local government agencies, all local public agencies
or entities, and all other political subdivisions of the Commonwealth which
may be involved in disaster and emergency response in the Commonwealth. The
Kentucky Emergency Operations Plan shall be updated by the division not less
than annually;(d) To maintain and operate the State Emergency Operations
Center facility, which shall be the official and primary state government
twenty-four (24) hour warning point, communications, and command center,
from which the Governor, cabinet secretaries, department heads, and other
state agency officials can, at any time, rapidly, adequately, and effectively
manage the disaster and emergency response of the Commonwealth. The State
Emergency Operations Center facility shall be the primary state direction
and control component of the integrated emergency management system of the
Commonwealth for the coordination of all disaster and emergency response
in the Commonwealth;(e) To develop, monitor, and operate, on a twenty-four
(24) hour per day basis, the appropriate alerting or warning systems, public
safety telecommunications systems or radio networks; any state trunked, fiber,
or interactive communication systems; computer, fax, other telecommunications
or information networks; and systems needed for communication and coordination
with all necessary or appropriate federal, state, or local public safety,
law enforcement, emergency management, or other disaster and emergency response
agencies, and state or local dispatch centers in the Commonwealth, and other
appropriate interests, and through these agencies and systems to receive
or disseminate emergency information, or to receive timely notification of,
and continual assessment of, all threatened or actual emergency incidents
or disaster situations occurring anywhere in or near the Commonwealth;(f)
To immediately notify the Governor and the Adjutant General, in the event
of any major emergency incidents or disaster occurrences, or the threatened
or impending occurrence of any of these events, and to keep the Governor
and the Adjutant General informed of all actions being taken in response
to these events;(g) To respond to the scenes of emergencies or disasters,
or their threatened or impending occurrence and to directly and immediately
investigate, analyze, and assess the nature and seriousness of these situations;
to convene meetings, gather information, conduct briefings, and evaluate
ongoing emergency response activities; take actions to execute the appropriate
provisions of the Kentucky Emergency Operations Plan; coordinate the
establishment and operation of a state incident management system; establish
or manage sub-state or area emergency operations centers, or on-scene command
posts; and fully expedite and coordinate the disaster and emergency response
of the Commonwealth;(h) To establish and operate area field offices of the
division, each office to be headed by an area manager, responsible for
administering the policies, plans, programs, and duties of the division in
specific geographic areas of the Commonwealth, including the coordination
of comprehensive emergency management programs developed by the cities, counties,
urban-county, or charter county governments in the areas;(i) To provide funds
to the cities, counties, and urban-county or charter county
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Serif Symbol0Courier NewTimes New RomanHB 88 AN ACT relating to acts
of terrorism involving chemical or biological agents.it enacted by the General
Assembly of the Commonwealth of Kentucky:Section seq [section]1. KRS 39A.050
is amended to read as follows:(1) The Division of Emergency Management shall
coordinate for the Governor all matters pertaining to the comprehensive emergency
management program and disaster and emergency response of the Commonwealth.
The division shall be the executive branch agency of state government having
primary jurisdiction, responsibility, and authority for the planning and
execution of disaster and emergency assessment, mitigation, preparedness,
response, and recovery for the Commonwealth; the coordination of all disaster
and emergency response by and between all state agencies, all agencies of
city, county, and urban-county or charter county government, all local entities,
and all political subdivisions of the Commonwealth for an emergency, declared
emergency, disaster, or catastrophe as contemplated in KRS 39A.010, 39A.020,
or 39A.030; the coordination of, and liaison with, related or concerned federal
government agencies, elected officials of other states, private organizations
or private sector companies dealing with disaster and emergency response;
the coordination of all recovery operations and mitigation initiatives subsequent
to disasters or emergencies; and the coordination of all public information
activities regarding state government disaster and emergency response
operations.(2) The Division of Emergency Management shall have and exercise
the following powers, authorities, and duties:(a) To develop, administer,
and maintain a statewide comprehensive emergency management program for the
Commonwealth, and through it an integrated emergency management system for
the disaster and emergency response of the Commonwealth, which shall be
coordinated with the emergency management programs, and other related public
safety, emergency response, mitigation, or disaster recovery programs, of
all appropriate federal government agencies including the Federal Emergency
Management Agency, the Department of Transportation, the Environmental Protection
Agency, the Occupational Safety and Health Administration, the Department
of Defense, the National Oceanic and Atmospheric Administration, the Department
of Justice, the Bureau of Alcohol, Tobacco, and Firearms, the National
Transportation Safety Board, the Chemical Safety and Hazard Investigation
Board, the Army Corps of Engineers, the National Security Council, the Department
of Health and Human Services, the Federal Railroad Administration, the United
States Geological Survey, the Department of Energy, the Nuclear Regulatory
Commission, the Department of Agriculture, the Department of Housing and
Urban Development, the American Red Cross, the other states, and other
appropriate public or private agencies, to the fullest appropriate extent;(b)
To coordinate the development, implementation, and maintenance of comprehensive
emergency management programs by local emergency management agencies in the
cities, counties, and urban-county or charter county governments of the
Commonwealth to ensure that all such programs, agencies, and organizations
are organized, administered, and operated as functional components of the
integrated emergency management system of the Commonwealth;(c) To develop
and maintain a comprehensive, risk-based, all-hazards disaster and emergency
response plan entitled "Kentucky Emergency Operations Plan," the provisions
of which shall establish the organizational structure to be utilized by state
government for managing disaster and emergency response, and set forth the
policies, procedures, and guidelines for the coordination and execution of
all disaster and emergency response for an emergency, declared emergency,
disasters of the Commonwealth to support the development, administration,
operation, and maintenance of local emergency management agencies created
pursuant to KRS Chapters 39A to 39F;(j) To require the regular submission
of program administration data, records, materials, reports, or documents
from local emergency management agencies as may be necessary and sufficient
to conduct performance reviews and assessments to ensure compliance with
all state or federal funding and program requirements, and to ensure local
program compatibility and consistency with the mission, goals, and objectives
of the comprehensive emergency management program and integrated emergency
management system of the Commonwealth;(k) To ascertain the requirements of
the Commonwealth and its cities and counties for emergency resources and
the necessities of life in the event of disaster or emergency; institute
an emergency resource management plan and procure emergency supplies, materials,
and equipment; and use or employ in time of emergency any of the property,
services, and resources of state or local government in the Commonwealth
for the purposes set forth in KRS Chapters 39A to 39F;(l) To institute public
information and education programs, emergency management training programs,
and exercise programs to test and evaluate emergency operations plans and
disaster and emergency response and recovery capabilities;[ and](m) To assess
the statewide preparedness to respond to acts of terrorism involving chemical
and biological agents;(n) To strengthen statewide preparedness strategies
to respond to acts of terrorism involving chemical or biological agents;
and(o) To promulgate administrative regulations to carry out the provisions
of KRS Chapters 39A to 39F.seq [section]2. KRS 39A.070 is amended to read
as follows: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 actions, written orders, emergency powers, or executive orders
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 collaborate with the commissioner of the Department
for Public Health to submit an annual written report to the Legislative Research
Commission and to the Interim Joint Committee on Health and Welfare with
the findings of any statewide risk and needs assessment relating to the
assessment of risks and the preparedness of the Department for Public Health
to respond to acts of terrorism involving chemical or biological agents;
and(20) To delegate any authority vested in the director under KRS Chapters
39A to 39F and to provide for the subdelegation of any such authority.seq
[section]3. A NEW SECTION OF KRS 211.005 TO 211.380 IS CREATED TO READ
AS FOLLOWS:commissioner of the Department for Public Health shall:(1) Collaborate
with the Division of Emergency Management established under KRS 39A.050 to
assess the preparedness of the Department for Public Health, local and state
health departments, and health care providers to respond to acts of terrorism
involving chemical or biological agents. Assessments shall include, but not
be limited to, the following areas:(a) Educational needs of the health care
work force related to preparedness to respond to acts of terrorism involving
chemical or biological agents;(b) Readiness and adequacy of communication
networks for receiving and broadcasting health alerts;(c) Readiness of
laboratories across the state to respond to acts of terrorism involving chemical
or biological agents;(d) Adequacy of surveillance activities and data collection
and analysis in responding to acts of terrorism involving chemical or biological
agents;(e) Preparation for receiving, distributing, and administering items
from the National Pharmaceutical Stockpile;(f) Adequacy of reporting requirements
of rare, unusual, or unexplained illnesses that could be related to acts
of terrorism involving chemical or biological agents;(g) Lines of communication
used to report potential or actual acts of terrorism involving chemical or
biological agents to the Federal Bureau of Investigation; and(h) Public
information needs relating to awareness of the threat of terrorism involving
chemical or biological agents and actions that should be taken in case of
a potential or actual act of terrorism involving chemical or biological
agents.(2) Collaborate with the Division of Emergency Management to submit
written reports to the Legislative Research Commission and the Interim Joint
Committee on Health and Welfare regarding the findings of any assessment
of the public health preparedness to respond to acts of terrorism involving
biological or chemical agents; and(3) Strengthen statewide public health
strategies to respond to acts of terrorism involving chemical or biological
agents based upon risk and preparedness assessments.COPY AS OF date \@
MM/dd/yy12/04/01 02 REG. SESS. 02 RS BR 914page1 of
numpages11.100-914 COPY AS OF date \@ MM/dd/yy12/04/01 02 REG. SESS.
02 RS BR 914page1 of numpages11.100-914
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