500 KAR 2:010. Definitions.

      RELATES TO: KRS 61.900-61.930

      STATUTORY AUTHORITY: KRS 61.904

      NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation, promulgated pursuant to KRS 61.904, provides the definitions of certain terms used in 500 KAR Chapter 2 which pertains to criteria and procedures applicable for the administration of "The Special Law Enforcement Officer Act" by the Secretary of the Justice Cabinet or the secretary's designee.

      Section 1. Definitions. The following definitions shall apply in this chapter. (1) "Secretary" shall mean the Secretary of the Justice Cabinet.

      (2) "Cabinet" shall mean the Justice Cabinet.

      (3) "Commission" shall mean a commission issued to an individual by the Secretary of Justice, entitling such individual to perform special law enforcement duties on public property.

      (4) "Council" shall mean the Kentucky Law Enforcement Council.

      (5) "Public property" shall mean property currently owned or used by any organizational unit or agency of state, county, city, metropolitan government, or a combination of these. The term shall include property currently owned or used by public airport authorities.

      (6) "Special law enforcement officer," as set forth in KRS 61.900(6):

      (a) Shall mean one whose duties include the protection of specific public property from intrusion, entry, larceny, vandalism, abuse, intermeddling, or trespass; and

      (b) Shall mean one whose duties include the prevention, observation or detection of, or apprehension for, any unlawful activity on specific public property; and

      (c) Shall mean one whose special duties include the control of the operation, speed and parking of motor vehicles, bicycles and other vehicles, and the movement of pedestrian traffic on specific public property; and

      (d) Shall mean one whose duties include the answering of any intrusion alarm on specific public property; and

      (e) Shall include the Capitol police, the Capital Plaza police, public school district security officers, public airport authority security officers, and the officers of the other public security forces established for the purpose of protecting specific public property; and

      (f) Shall not include members of a lawfully organized police unit or police force of state, county, city, or metropolitan government, or a combination of these, who are responsible for the detection of crime and the enforcement of the general criminal law enforcement of the state; it shall not include any of the following officials or officers:

      1. Sheriffs, sworn deputy sheriffs, city marshals, constables, sworn deputy constables, and coroners;

      2. Auxiliary and reserve police appointed under KRS 95.160, 95.445, or 95.740;

      3. State park rangers and conservation officers;

      4. Officers of the Department of Motor Vehicles and Division of Water Patrol responsible for law enforcement;

      5. Officers of Corrections Cabinet responsible for law enforcement;

      6. Fire marshals and deputy fire marshals;

      7. Other officers not mentioned above who are employed directly by state government and are responsible for law enforcement;

      8. Federal peace officers;

      9. Those campus security officers who are commissioned under KRS 164.950;

      10. Private security guards, private security patrolmen, and investigators licensed pursuant to state statute; or

      11. Railroad policemen covered by KRS 277.270 and 277.280.

      (8) "The Act" means the Special Law Enforcement Officer Act found in KRS 61.900 to 61.926 and referenced herein as SLEO.

      (9) "SLEO program administrator" means the administrator appointed by the Secretary of the Justice Cabinet to administer the Special Law Enforcement Officer Program whose address is: SLEO Program Administrator, Justice Cabinet, 417 High Street, 3rd Floor, Frankfort, Kentucky 40601. (13 Ky.R. 448; eff. 9-4-86.)