KRS 67.082: Declaration of epidemic area -- Animal population reduction program --

Liability of state personnel.

(1) Notwithstanding the provisions of KRS 150.370, 525.130, or any other statute that

may be in conflict herewith, any county fiscal court may, wheneve r an epidemic or

potential epidemic of a disease transmissible to man and domestic animals exists or

is threatened in any species of wildlife, declare all or any portion of that county to

be an epidemic area. Following a declaration, the fiscal court may, with approval of

the Cabinet for Health and Family Services and the Department of Fish and Wildlife

Resources, conduct control programs, including population reduction programs,

against any species of wildlife including, but not limited to, red and gray fo xes,

skunks, and rodents which may be serving as reservoirs and/or vectors of any

disease transmissible to human beings and/or domestic animals including but not

limited to rabies, leptospirosis, salmonellosis, and Rocky Mountain spotted fever.

These control programs may include but shall not be limited to hunting, trapping,

vaccination, and use of poisons. Technical and operational assistance for the

programs shall be made available by the Cabinet for Health and Family Services,

the Department of Fish and Wildlife Resources, and the Department of Agriculture.

A control program established under authority of this section may be conducted by

the individual or joint action of the referred -to state agencies, the local health

department, or individual property owners designated as agents of said cabinets and

departments. In the event poisonous baits are used to control an outbreak of rabies

in wildlife, those programs shall be under the direction of the Cabinet for Health

and Family Services. All pet animals in t he area shall be quarantined for the

duration of the program by action of the local board of health. These programs shall

be regulated to provide specific identification of bait station locations, daily check

of each bait station, and positive pickup and d estruction of all unconsumed baits at

the end of the program.

(2) No liability shall be imposed upon any state agency or local agency or any employee

or agent thereof for any injury occurring to domesticated animals, individuals, or

property in carrying ou t programs in good faith authorized by this section, but all

persons and agencies shall be liable to the extent otherwise provided by law for

ordinary and gross negligence.