211.285 Alcohol wellness and responsibility education fund.
670 words·~3 min read·
/ky/chapter-211/211-285A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)There is hereby created the alcohol wellness and responsibility education 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, one percent (1%) of the
wholesale tax collected from distributors of malt beverages and microbreweries
under KRS 243.884, and all proceeds from public auctions conducted by the
Alcoholic Beverage Control Board under KRS 241.060 and 243.540.
(2)The alcohol wellness and responsibility education fund shall be established in the
State Treasury as a trust and agency account under KRS 45.253. Moneys in the
account shall be distributed by the State Treasurer to the Alcohol Wellness and
Responsibility Education Corporation, a nonprofit organization that is organized
under the laws of this state, upon the authorization of the secretary of the Public
Protection Cabinet. The moneys shall be awarded to the corporation solely to fund
educational programs to deter or eliminate underage drinking and promote alcohol
responsibility measures.
(3)The secretary of the Public Protection Cabinet 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, auctions, 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)All duly elected statewide constitutional officers or designees;
(b)The President of the Senate or designee, who shall serve as a nonvoting
member;
(c)The Speaker of the House or designee, who shall serve as a nonvoting
member;
(d)The secretary of the Public Protection Cabinet or designee;
(e)The commissioner of the Department of Alcoholic Beverage Control or
designee;
(f)A representative of the malt beverage industry submitted by the Kentucky
Beer Wholesalers' Association;
(g)A representative of the malt beverage industry submitted by the Kentucky
Malt Beverage Council; and
(h)A representative of the distilled spirits industry submitted by the Kentucky
Distillers' Association.
(6)All expenditures of moneys from the fund shall be approved by a majority of those
persons set out in subsection (5)(a) and
(d)to
(h)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)The Alcohol Wellness and Responsibility Education Corporation may accept
applications for grants by Kentucky high schools, colleges and universities, and
other entities that promote alcohol responsibility, and the board of directors shall
develop criteria for the awarding of any funds by application.
(9)Any high school in the Commonwealth of Kentucky that was registered with the
Department of Education as of July 1, 2024, may make an application to the
Alcohol Wellness and Responsibility Education Corporation by February 28 of
each year and shall be granted a minimum of one thousand dollars ($1,000)
annually from the funds contributed by the alcohol wellness and responsibility
education fund for the single purpose of supporting "Project Graduation" events.