{"data":{"id":"us-ky/krs-36.088","jurisdiction":"us-ky","citation":"KRS 36.088","heading":"Morale, welfare, and recreation facilities -- Nonappropriated fund","body":"instrumentality -- Administrative regulations -- Use of facilities and proceeds\nderived therefrom.\n(1) As used in this section, unless the context requires otherwise:\n(a) \"Morale, welfare, and recreation facility\" means any post exchange, canteen,\nbarber shop, fitness center, snack bar, transient housing, billeting operation,\ndaycare, laundry, or similar facility, the purpose of which is to enhance the\nmorale and welfare of military personnel;\n(b) \"Nonappropriated fund employee\" means an employee of a nonappropriated\nfund instrumentality who is not an employee of the federal government or the\nCommonwealth of Kentucky; and\n(c) \"Nonappropriated fund instrumentality\" means an enterprise operated\nexclusively with funds derived from sales or user fees, which receives no\nlegislative appropriations for its operations.\n(2) (a) The adjutant general is authorized to establish morale, welfare, and recreation\nfacilities within the state as in his or her j udgment may be necessary and\nproper for military purposes.\n(b) Morale, welfare, and recreation facilities may be established at any property\nunder the control of the Department of Military Affairs.\n(c) As used in this subsection, \"property under the contro l of the Department of\nMilitary Affairs\" means any property on the facility installations stationing\nplan as maintained by the construction and facilities manager for the Kentucky\nNational Guard, and includes all armories, training areas, ranges, and other\nfacilities leased, licensed, or owned by the Department of Military Affairs.\n(3) Notwithstanding any other provision of law to the contrary, the adjutant general is\nauthorized to establish a nonappropriated fund instrumentality for the purpose of\noperating the morale, welfare, and recreation facilities.\n(4) A nonappropriated fund instrumentality established under this section may:\n(a) Contract for goods and services;\n(b) Hire nonappropriated fund employees under terms and conditions as it may\nnegotiate, subject only to applicable state and federal labor laws;\n(c) Establish a system of bookkeeping, accounting, and auditing procedures for\nthe proper handling of funds derived from its operations; and\n(d) Perform any other action necessary to establish a board, corporation, or other\nentity for the purpose of operating the morale, welfare, and recreation\nfacilities.\n(5) A nonappropriated fund instrumentality established under this section is solely\nresponsible for its operations. No debt of the nonappropriated fund instrumentality\nis a debt of the Commonwealth. An action of the nonappropriated fund\ninstrumentality is not an action of the Commonwealth, and shall not obligate the\nCommonwealth in any manner.\n(6) The adjutant general may promulgate administrative regulations for the operation of\nmorale, welfare, and recreation facilities and any nonappropriated fund\ninstrumentality established under this section.\n(7) All proceeds derived from the operation of the morale, welfare, and recreation\nfacilities within the state shall, after payment of operating expenses,\nnotwithstanding any other provision of law to the contrary, be used exclusively to\nbenefit the morale, welfare, and recreation facilities.\n(8) Use of th e morale, welfare, and recreation facilities provided for in this section is\nlimited to:\n(a) Current and retired members of the Kentucky National Guard and their\neligible dependents; and\n(b) Civilian employees of the United States or the Commonwealth of Ke ntucky\nworking under Department of Military Affairs management or in support of\nDepartment of Military Affairs activities.","path":["KRS Chapter 36"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44025","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:54Z","sha256":"92ffa0b617ade53ee6b1a404e07628e2fb3b729537cc787be28e84327dec123e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-36.086","next":"us-ky/krs-36.090"},"notice":"GroundRules: Original legal text. Not legal advice."}