{"data":{"id":"us-ky/krs-39d.040","jurisdiction":"us-ky","citation":"KRS 39D.040","heading":"Emergency interim successors -- Order of successions -- Vacancies --","body":"Applicability of statute to all special districts and political subdivisions.\n(1) As used in this section, unless the context clearly requires otherwise:\n(a) \"Emergency interim successor\" means a person designated under this section,\nif an officer is unavailable, to exercise the powers and discharge the duties of\nthat office until a successor is appointed or elected and qualified as provided\nby law, or until the lawful incumbent is ab le to resume the exercise of the\npowers and discharge the duties of the office.\n(b) \"Office\" includes all state and local offices, the powers and duties of which\nare defined by law, except the office of Governor, and except those in the\nGeneral Assembly an d the judiciary. An \"officer\" is a person who holds an\noffice.\n(c) \"Political subdivision\" includes counties, urban -counties, charter counties,\ncities, special districts, authorities, and other public corporations and entities\nwhether organized and existing under charter or general law.\n(d) \"Unavailable\" means that during a state of emergency either:\n1. A vacancy in office exists and there is no deputy authorized to exercise\nall of the powers and discharge the duties of the office; or\n2. That the lawful inc umbent of the office and any duly authorized deputy\nare absent or unable to exercise the powers and discharge the duties of\nthe office.\n(2) Subject to administrative regulations of the Governor, all state officers, shall, in\naddition to any deputy authoriz ed to exercise all of the powers and discharge the\nduties of the office, designate by title emergency interim successors and specify\ntheir order of succession. The officer shall review and revise, as necessary,\ndesignations made pursuant to this section to  ensure their current status. The officer\nshall designate a sufficient number of emergency interim successors so that there\nwill be not fewer than three (3) nor more than seven (7) deputies or emergency\ninterim successors or any combination thereof, at any  time. If any state officer is\nunavailable following an emergency, and if a deputy, if any, is also unavailable, the\npowers of office shall be exercised and the duties of office shall be discharged by\nany designated emergency interim successors in the order specified. The emergency\ninterim successors shall exercise the powers and discharge the duties only until such\ntime as the Governor under the Constitution or authority other than this section, or\nother official authorized under the Constitution or this s ection to exercise the\npowers and discharge the duties of the office of Governor has, where a vacancy\nexists, appointed a successor to fill the vacancy, or until a successor is otherwise\nappointed, or elected and qualified as provided by law, or until an o fficer or any\ndeputy or a preceding named emergency interim successor becomes available to\nexercise, or resume the exercise and discharge of, the powers and duties of the\noffice.\n(3) Each cabinet and each department of state government, and each agency of state\ngovernment shall appoint not fewer than three (3) nor more than seven (7)\nemergency interim successors for each position specified in the Kentucky\nEmergency Operations Plan and the internal emergency operations procedures for\nthat department or agenc y. Emergency interim successors in the order of the\nsuccession shall have the full power to exercise all powers of their department or\nagency and to commit its resources during a time of emergency or disaster if the\nperson normally exercising the position becomes unavailable. If the preceding\nemergency successor becomes unavailable he or she shall resume all duties from the\nemergency interim successor, unless he or she chooses to permit the emergency\ninterim successor to remain in the position until relieved.\n(4) The local legislative bodies of cities, counties, urban -counties, and charter counties\nshall enact ordinances or orders governing the manner in which vacancies in offices\nand employment shall be filled, and for the prompt filling thereof during time s of\ndisaster and emergency, if the filling of these vacancies is not otherwise provided\nfor by law. The legislative bodies shall enact ordinances providing for the\nappointment of not fewer than three (3) nor more than seven (7) emergency interim\nsuccessors for each local office, department, and agency specified in the Kentucky\nEmergency Operations Plan and local emergency operations plans and annexes\nthereto. Emergency interim successors, in the order of their successions, shall have\nthe full power to exer cise all powers of the office, department, or agency and to\ncommit its resources during a time of emergency or disaster if the person normally\nexercising the position is unavailable. If the preceding emergency successor\nbecomes available, he or she shall r esume the duties being performed by the\nemergency interim successor, unless he or she chooses to permit the emergency\ninterim successor to remain in the position until relieved. The administrative orders\nand ordinances shall not be inconsistent with this section.\n(5) This section applies to officers of all special districts and political subdivisions not\nincluded in subsection (4) of this section. The officers, subject to such\nadministrative regulations as the executive head of the political subdivision\npromulgates, shall designate by title, if feasible, or by named person, emergency\ninterim successors and specify their order of succession. The officer shall review\nand revise, as necessary, designations made pursuant to this section to ensure their\ncurrent s tatus. The officer shall designate a sufficient number of persons so that\nthere will be not fewer than three (3) nor more than seven (7) deputies or emergency\ninterim successors or any combination thereof at any time. If any officer of any\npolitical subdivision or any deputy provided for pursuant to law is unavailable, the\npowers of the office shall be exercised and duties shall be discharged by the\ndesignated emergency interim successors in the order specified. The emergency\ninterim successor shall exercise the powers and discharge the duties of the office to\nwhich designated until the time a vacancy which exists is filled in accordance with\nthe Constitution or the KRS, or until the officer, a deputy, or a preceding emergency\ninterim successor again becomes available to exercise the powers and discharge the\nduties of the office.\n(6) No person shall be designated or serve as an emergency interim successor unless he\nor she is eligible under the Constitution and statutes to hold the office to which he\nor she is designated to succeed, but no statutory provision prohibiting local or state\nofficials from holding another office shall be applicable to an emergency interim\nsuccessor.\n(7) Emergency interim successors shall take the oath required to exercise the powers\nand discharge the duties of the office to which they may succeed. No person, as a\nprerequisite to the exercise of the powers or discharge of the duties of an office to\nwhich he or she succeeds, shall be required to comply with any other provision of\nlaw relative to taking office.\n(8) Officials authorized to act as Governor pursuant to this section, and emergency\ninterim successors are empowered to exercise the powers and discha rge the duties\nof an office only during the continuance of an emergency. The General Assembly,\nby joint resolution, may at any time terminate the authority of the emergency\ninterim successors to exercise the powers and discharge the duties of office.\n(9) Until the persons designated as emergency interim successors shall exercise the\npowers and discharge the duties of an office in accordance with this section, the\npersons shall serve in their designated capacities at the pleasure of the designating\nauthority.\n(10) Any dispute concerning a question of fact arising under this section with respect to\nan office in the executive division of the state government, except a dispute of fact\nrelative to the office of Governor, shall be adjudicated by the Governor or ot her\nofficial authorized under the Constitution to exercise the powers and discharge the\nduties of the office of Governor, and the decision reached shall be final.","path":["KRS Chapter 39D"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=21766","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:58Z","sha256":"abb20549d926f96461190c078c4b8f67b36d24cc1042f0099a04bdbfe17e3f9e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-39d.030","next":"us-ky/krs-39d.050"},"notice":"GroundRules: Original legal text. Not legal advice."}