36.088 Morale, welfare, and recreation facilities -- Nonappropriated fund
521 words·~2 min read·
/ky/36-088A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
instrumentality -- Administrative regulations -- Use of facilities and proceeds
derived therefrom.
(1)As used in this section, unless the context requires otherwise:
(a)"Morale, welfare, and recreation facility" means any post exchange, canteen,
barber shop, fitness center, snack bar, transient housing, billeting operation,
daycare, laundry, or similar facility, the purpose of which is to enhance the
morale and welfare of military personnel;
(b)"Nonappropriated fund employee" means an employee of a nonappropriated
fund instrumentality who is not an employee of the federal government or the
Commonwealth of Kentucky; and
(c)"Nonappropriated fund instrumentality" means an enterprise operated
exclusively with funds derived from sales or user fees, which receives no
legislative appropriations for its operations.
(a)The adjutant general is authorized to establish morale, welfare, and recreation
facilities within the state as in his or her judgment may be necessary and
proper for military purposes.
(b)Morale, welfare, and recreation facilities may be established at any property
under the control of the Department of Military Affairs.
(c)As used in this subsection, "property under the control of the Department of
Military Affairs" means any property on the facility installations stationing
plan as maintained by the construction and facilities manager for the Kentucky
National Guard, and includes all armories, training areas, ranges, and other
facilities leased, licensed, or owned by the Department of Military Affairs.
(3)Notwithstanding any other provision of law to the contrary, the adjutant general is
authorized to establish a nonappropriated fund instrumentality for the purpose of
operating the morale, welfare, and recreation facilities.
(4)A nonappropriated fund instrumentality established under this section may:
(a)Contract for goods and services;
(b)Hire nonappropriated fund employees under terms and conditions as it may
negotiate, subject only to applicable state and federal labor laws;
(c)Establish a system of bookkeeping, accounting, and auditing procedures for
the proper handling of funds derived from its operations; and
(d)Perform any other action necessary to establish a board, corporation, or other
entity for the purpose of operating the morale, welfare, and recreation
facilities.
(5)A nonappropriated fund instrumentality established under this section is solely
responsible for its operations. No debt of the nonappropriated fund instrumentality
is a debt of the Commonwealth. An action of the nonappropriated fund
instrumentality is not an action of the Commonwealth, and shall not obligate the
Commonwealth in any manner.
(6)The adjutant general may promulgate administrative regulations for the operation of
morale, welfare, and recreation facilities and any nonappropriated fund
instrumentality established under this section.
(7)All proceeds derived from the operation of the morale, welfare, and recreation
facilities within the state shall, after payment of operating expenses,
notwithstanding any other provision of law to the contrary, be used exclusively to
benefit the morale, welfare, and recreation facilities.
(8)Use of the morale, welfare, and recreation facilities provided for in this section is
limited to:
(a)Current and retired members of the Kentucky National Guard and their
eligible dependents; and
(b)Civilian employees of the United States or the Commonwealth of Kentucky
working under Department of Military Affairs management or in support of
Department of Military Affairs activities.