KRS 36.474: Eligibility for funds -- Need-based applications by member's spouse or

dependent for necessary expenses -- Expenditure of funds to benefit group of

members, spouses, or dependents -- Expenditure of funds to Adoption

Assistance Program applicants -- Adjutant general to award or decline --

Identification of other funding sources available to applicant -- Administrative

regulations.

(1) During active duty of a regular member of the United States Armed Forces

deployed outside the United States wh o names Kentucky as home of record for

military purposes or any member of a state National Guard or a Reserve component

who names Kentucky as home of record for military purposes, as appropriate, trust

fund moneys shall be used to support:

(a) The person who names Kentucky as home of record for military purposes;

(b) The person's Kentucky resident spouse;

(c) The person's dependent or dependents; or

(d) A group of several members of the military or their families as described in

paragraphs (a) to (c) of this subsection.

(2) An application for a trust fund grant may be filed by the member who names

Kentucky as home of record for military purposes or his or her Kentucky resident

spouse. The application shall be accompanied by an appropriate authorization to

access personnel information contained in the military database Defense Enrollment

Reporting System (DEERS) for verification purposes.

(3) Subject to the availability of trust fund moneys, the adjutant general shall award a

grant to an applicant described in paragraphs (a) to (c) of subsection (1) of this

section if that person's application is need -based, and the amount of the grant does

not exceed the dollar cap established by the board through the promulgation of

administrative regulations under KRS Chapte r 13A. An application shall be need -

based if:

(a) Funds are requested for necessary expenses incurred, or to be incurred.

Necessary expenses shall include but not be limited to:

1. Housing;

2. Utilities;

3. Groceries;

4. Health insurance copay; and

5. Child care;

(b) The necessary expenses created, or will create, an undue hardship on a person

referred to in subsection (1) of this section;

(c) The applicant does not have reasonable access to any other funding source,

whether public or private; and

(d) The military family assistance trust fund is the last resort.

(4) Subject to the availability of trust fund moneys, the adjutant general may expend

trust fund money, in amounts not to exceed the dollar cap established by the b oard

through the promulgation of administrative regulations under KRS Chapter 13A, to

benefit individuals described in subsection (1)(d) of this section if:

(a) The individuals have a demonstrated need that affects their health, safety, or

well-being; and

(b) A majority of the members of the military family assistance trust fund board

has approved the expenditure, verbally or in writing.

(5) Subject to the availability of trust fund moneys, the director of the Kentucky

National Guard Family Services Program may expend trust fund money, in amounts

not to exceed the dollar cap established by the board through the promulgation of

administrative regulations under KRS Chapter 13A, to benefit individuals described

in subsection (1) of this section if:

(a) The individuals have a demonstrated need that affects their health, safety, or

well-being; and

(b) A majority of the members of the military family assistance trust fund board

has approved the expenditure, verbally or in writing.

(6) Subject to the availability of military family assistance trust fund moneys, the

adjutant general shall expend trust fund money to eligible applicants to the

Kentucky National Guard Adoption Assistance Program as provided in KRS

36.477. Eligible applicants to the Kentucky National Guar d Adoption Assistance

Program shall not be subject to the requirements of subsection (1) of this section.

(7) (a) The adjutant general shall award or decline to award a grant within sixty (60)

days of receiving an application.

(b) If the adjutant general a wards or declines to award a grant, he or she shall

state in writing the reason for the decision and keep the writing on file.

(c) If the adjutant general declines to award a grant, he or she shall provide the

applicant with a copy of the writing referred to in paragraph (b) of this

subsection. In addition, if the adjutant general declines to award a grant due to

the availability of public or private funds, the adjutant general shall identify

the source of available funds for the applicant and provide assis tance with

regard to seeking funds from that source.

(8) The military family assistance trust fund board shall promulgate administrative

regulations under KRS Chapter 13A to carry out the provisions of this section.

These regulations shall, at a minimum, e nhance administrative efficiency and limit

the dollar amount that a person may receive in grants per twelve (12) month period.