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211.285 Malt beverage educational fund.
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(5)
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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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