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211.285 Malt Beverage Educational fund.
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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 under KRS
243.884.
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.
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 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.
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.
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.
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.
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 15, 2010
History: 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.
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