211.285 Malt Beverage Educational fund. - Kentucky Statutes

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211.285 Malt Beverage Educational fund. (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 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 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 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.