Kentucky Statutes 211.285 – Malt beverage educational fund
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(1) There is hereby created the malt beverage educational fund which shall provide moneys on a matching basis for educational information and materials that deter or eliminate underage drinking. The fund shall consist of moneys generated from one percent (1%) of the excise tax collected from the sale and distribution of malt beverages under KRS § 243.720 and one percent (1%) of the wholesale tax collected from distributors of malt beverages and microbreweries under KRS § 243.884.
(2) The malt beverage educational fund shall be established in the State Treasury as a trust and revolving account under KRS § 45.253. Moneys in the account shall be distributed by the State Treasurer to the Malt Beverage Educational Corporation, a nonprofit organization that is organized under the laws of this state, upon the authorization of the secretary of the Cabinet for Health and Family Services. The moneys shall be awarded to the corporation solely to fund educational programs to deter or eliminate underage drinking.
(3) The secretary of the Cabinet for Health and Family Services shall authorize that moneys from the fund be disbursed to the corporation upon the secretary’s receipt of a certification from the corporation showing the moneys the corporation has received from malt beverage distributors, microbreweries, and other private sources since the last certification. The moneys disbursed from the fund shall be equal to the contributions that the corporation has received from its members and other private sources during that period. The moneys in the fund shall be disbursed in accordance with a schedule established by the secretary, and shall be disbursed until the moneys in the fund are exhausted or until the moneys in the fund lapse in accordance with subsection (4) of this section, whichever comes first.
(4) Moneys that are credited to the fund and not issued to the corporation shall lapse at the end of the fiscal year and shall be returned to the general fund.
(5) As a condition of receiving the governmental funds, the corporation’s board of directors shall include the following among its directors:
(a) The Governor or his or her designee;
(b) The Attorney General or his or her designee;
(c) The President of the Senate or his or her designee; (d) The Speaker of the House or his or her designee;
(e) The secretary of the Cabinet for Health and Family Services or his or her designee; and
(f) The commissioner of the Department of Alcoholic Beverage Control or his or her designee.
(6) All expenditures of moneys from the fund shall be approved by a majority of those persons set out in subsection (5)(a) to (f) of this section. If the moneys from the fund are not expended in their entirety, any moneys that remain unused by the corporation at the end of the fiscal year shall be returned to the general fund.
(7) Any moneys from the fund that are not expended shall be returned to the general fund upon the dissolution of the corporation.
(8) Any high school in the Commonwealth of Kentucky that was registered with the Department of Education as of July 1, 1997, may make an application to the Malt Beverage Education Corporation by February 28 of each year and shall be granted a minimum of five hundred dollars ($500) annually from the funds contributed by the malt beverage educational fund for the single purpose of supporting “Project Graduation” events.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 16, sec. 5, effective July 14, 2018. — Amended
2010 Ky. Acts ch. 24, sec. 308, effective July 15, 2010. — Amended 2005 Ky. Acts ch. 99, sec. 352, effective June 20, 2005. — Created 1998 Ky. Acts ch. 225, sec. 1, effective July 15, 1998.
(2) The malt beverage educational fund shall be established in the State Treasury as a trust and revolving account under KRS § 45.253. Moneys in the account shall be distributed by the State Treasurer to the Malt Beverage Educational Corporation, a nonprofit organization that is organized under the laws of this state, upon the authorization of the secretary of the Cabinet for Health and Family Services. The moneys shall be awarded to the corporation solely to fund educational programs to deter or eliminate underage drinking.
Terms Used In Kentucky Statutes 211.285
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
(3) The secretary of the Cabinet for Health and Family Services shall authorize that moneys from the fund be disbursed to the corporation upon the secretary’s receipt of a certification from the corporation showing the moneys the corporation has received from malt beverage distributors, microbreweries, and other private sources since the last certification. The moneys disbursed from the fund shall be equal to the contributions that the corporation has received from its members and other private sources during that period. The moneys in the fund shall be disbursed in accordance with a schedule established by the secretary, and shall be disbursed until the moneys in the fund are exhausted or until the moneys in the fund lapse in accordance with subsection (4) of this section, whichever comes first.
(4) Moneys that are credited to the fund and not issued to the corporation shall lapse at the end of the fiscal year and shall be returned to the general fund.
(5) As a condition of receiving the governmental funds, the corporation’s board of directors shall include the following among its directors:
(a) The Governor or his or her designee;
(b) The Attorney General or his or her designee;
(c) The President of the Senate or his or her designee; (d) The Speaker of the House or his or her designee;
(e) The secretary of the Cabinet for Health and Family Services or his or her designee; and
(f) The commissioner of the Department of Alcoholic Beverage Control or his or her designee.
(6) All expenditures of moneys from the fund shall be approved by a majority of those persons set out in subsection (5)(a) to (f) of this section. If the moneys from the fund are not expended in their entirety, any moneys that remain unused by the corporation at the end of the fiscal year shall be returned to the general fund.
(7) Any moneys from the fund that are not expended shall be returned to the general fund upon the dissolution of the corporation.
(8) Any high school in the Commonwealth of Kentucky that was registered with the Department of Education as of July 1, 1997, may make an application to the Malt Beverage Education Corporation by February 28 of each year and shall be granted a minimum of five hundred dollars ($500) annually from the funds contributed by the malt beverage educational fund for the single purpose of supporting “Project Graduation” events.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 16, sec. 5, effective July 14, 2018. — Amended
2010 Ky. Acts ch. 24, sec. 308, effective July 15, 2010. — Amended 2005 Ky. Acts ch. 99, sec. 352, effective June 20, 2005. — Created 1998 Ky. Acts ch. 225, sec. 1, effective July 15, 1998.