{"data":{"id":"us-ky/krs-45.255","jurisdiction":"us-ky","citation":"KRS 45.255","heading":"Kentucky contribution trust fund -- Administration -- Report.","body":"(1) As used in this section:\n(a) \"Cabinet\" means the Public Protection Cabinet;\n(b) \"Cost or fee for administrative purposes\" means any expenditure that is not:\n1. Direct aid to a Kentucky resident or a small business; or\n2. A processing fee imposed by a merchant bank or credit card company;\n(c) \"Qualified nonprofit organization\" means a tax-exempt entity under 26 U.S.C.\nsec. 501(c)(3) or (4) that:\n1. Agrees to use all grants of moneys f rom the Kentucky contribution trust\nfund established in subsection (2) of this section to serve Kentucky\nresidents directly impacted by the tornadoes or flooding; and\n2. Provides:\na. Food;\nb. Clothing;\nc. Shelter;\nd. Utilities;\ne. Medical expenses;\nf. Household needs;\ng. Other necessities of life; or\nh. Long-term financial or rebuilding assistance; and\n(d) \"Small business\" means any business entity organized for profit, including a\nsole proprietorship, partnership, limited partnersh ip, corporation, limited\nliability company, joint venture, association, or cooperative that:\n1. Had fifty (50) or fewer full-time employees on December 9, 2021;\n2. Is not an affiliate or subsidiary of a larger corporate structure, unless the\ntotal number o f employees of all the affiliates and subsidiaries within\nthat structure is fifty (50) or fewer;\n3. Had at least one (1) business location in an area named in the\nPresidential Declaration of a Major Disaster, designated FEMA -4630-\nDR-KY on December 9, 2021,  or the Presidential Declaration of a\nMajor Disaster, designated FEMA-4663-DR-KY on July 26, 2022;\n4. a. Sustained damage to a business location described in subparagraph\n3. of this paragraph; or\nb. Experienced business interruption as a result of the seve re weather\nevents of December 10 and 11, 2021, or from July 26 to August\n11, 2022;\n5. a. Agrees to use the grant of moneys for a business location\ndescribed in subparagraph 3. of this paragraph; and\nb. Uses the grant of moneys to maintain business operatio ns or repair\nor rebuild that business location;\n6. Is presently in operation or will be in operation; and\n7. Is in good standing with the Kentucky Department of Revenue and the\nKentucky Secretary of State.\n(2) The Kentucky contribution trust fund is established as a trust and agency account in\nthe State Treasury and shall be administered by the cabinet.\n(3) The fund shall consist of all moneys:\n(a) Solicited by any person within the Governor's General Cabinet described in\nKRS 11.060 or employee thereof, within his or her official capacity;\n(b) Donated to or held by the Commonwealth, including but not limited to any\nmoneys associated with the:\n1. Team Kentucky fund established by the Governor;\n2. Team western Kentucky tornado relief fund established by the Go vernor\nfollowing the December 2021 storms and tornadoes that occurred in the\nwestern Kentucky region; and\n3. Team eastern Kentucky flood relief fund established by the Governor\nfollowing the July 2022 storms and flooding that occurred in the eastern\nKentucky region; and\n(c) Not required by statute to be deposited in another fund.\n(4) (a) Moneys deposited in the fund shall be accounted for separately based on the\npurpose for which the moneys were solicited.\n(b) When moneys are deposited from the funds described in subsection (3)(b) of\nthis section, the moneys hereby are appropriated for the  purposes provided in\nthis section.\n(c) All other moneys shall be maintained in the fund until appropriated by the\nGeneral Assembly.\n(d) All recipients of a grant of moneys from this fund shall certify that they are in\ncompliance with the requirements of t his section prior to receiving any\nmoneys.\n(e) Applications providing fraudulent information shall be referred by the Public\nProtection Cabinet to the Office of Attorney General, Office of Special\nProsecutions.\n(5) Notwithstanding KRS 45.229, fund amounts not appropriated at the close of a fiscal\nyear shall not lapse but shall be carried forward into the next fiscal year.\n(6) The cabinet shall:\n(a) Develop a process to review and accept or deny applications for grants of\nmoneys from the fund based on eligib ility requirements under this section for\neach type of solicited donation;\n(b) 1. Prepare warrants on the State Treasury for any grant of moneys\napproved by the cabinet, including a direct payment for funeral\nexpenses;\n2. Coordinate the direct payment for funeral expenses; and\n3. Obtain all necessary information from the Kentucky Office of Vital\nStatistics, coroners, or other appropriate entities to verify eligibility for\nany direct payment for funeral expenses;\n(c) Ensure delivery of the moneys to the appl icant or the direct payment for\nfuneral expenses; and\n(d) Promulgate administrative regulations in accordance with KRS Chapter 13A\nto provide application forms, application deadlines, and other administrative\nprocedures necessary to fulfill the duties required by this section.\n(7) Related to the team western Kentucky tornado relief donations:\n(a) Moneys solicited shall be used to assist an individual or a small business\ndirectly impacted by the storms and tornadoes on December 10 and 11, 2021;\n(b) An eligible applicant for a grant of moneys from the fund shall be a:\n1. Person who is responsible for the payment of funeral expenses for\nanother individual whose death was directly related to the storms and\ntornadoes and any grant issued shall be a direct payment  to the entity\nproviding the funeral services in an amount not to exceed ten thousand\ndollars ($10,000);\n2. Kentucky resident who:\na. Resides in an area named in the Presidential Declaration of a\nMajor Disaster, designated FEMA-4630-DR-KY; and\nb. Was directly impacted by the storms and tornadoes;\n3. Qualified nonprofit organization; or\n4. Small business; and\n(c) A grant of moneys shall not be issued for any:\n1. Cost or fee for administrative purposes;\n2. Expenditure in which the applicant receives benefits from a federal\nsource, including but not limited to payments from the Federal\nEmergency Management Agency;\n3. Payment to a nonresident of Kentucky; or\n4. Payment to a nonprofit organization, other than a  qualified nonprofit\norganization.\n(8) Related to the team eastern Kentucky flood relief donations:\n(a) Moneys solicited shall be used to assist an individual or a small business\ndirectly impacted by the storms and flooding that began on July 26, 2022, and\ngenerated multiple rounds of heavy torrential rain, resulting in flooding, flash\nflooding, mudslides, and landslides;\n(b) An eligible applicant for a grant of moneys from the fund shall be a:\n1. Person who is responsible for the payment of funeral expense s for\nanother individual whose death was directly related to the storms and\nflooding and any grant issued shall be a direct payment to the entity\nproviding the funeral services in an amount not to exceed ten thousand\ndollars ($10,000);\n2. Kentucky resident who:\na. Resides in an area named in the Presidential Declaration of a\nMajor Disaster, designated FEMA-4663-DR-KY; and\nb. Was directly impacted by the flooding, mudslides, and landslides;\n3. Qualified nonprofit organization; or\n4. Small business; and\n(c) A grant of moneys shall not be issued for any:\n1. Cost or fee for administrative purposes;\n2. Expenditure in which the applicant receives benefits from a federal\nsource, including but not limited to payments from the Federal\nEmergency Management Agency;\n3. Payment to a nonresident of Kentucky; or\n4. Payment to a nonprofit organization, other than a qualified nonprofit\norganization.\n(9) (a) Any qualified nonprofit organization or small business that receives a grant of\nmoneys from the fund shall document expenditures made using those moneys.\n(b) The documentation shall be maintained for at least four (4) years following\nthe distribution of the moneys and shall be subject to inspection during that\ntime by the cabinet.\n(c) All documents and materials submitted t o either the Commonwealth or the\ncabinet shall be considered a public record subject the Kentucky Open\nRecords Act, KRS 61.870 to 61.884.\n(10) (a) As used in this subsection, \"affiliation\" means the relationship between:\n1. Members of a family, including b rothers and sisters of the whole or half\nblood, spouse, ancestors, and lineal descendants of an individual;\n2. An individual and a corporation, of which more than fifty percent (50%)\nin value of the outstanding stock is owned, directly or indirectly, by or\nfor that individual;\n3. An individual and a limited liability company or a partnership, of which\nmore than fifty percent (50%) of the capital interest or profits are owned\nor controlled, directly or indirectly, by or for that individual; or\n4. An individual that is a grantor or a beneficiary of a trust and the\nfiduciary of that trust.\n(b) The secretary of the Public Protection Cabinet shall report the following\ninformation beginning on the tenth day of the first month following March 24,\n2023, and on the tenth day of each month thereafter:\n1. Information related to moneys deposited into the fund, including but not\nlimited to:\na. The name of the person, member, or employee soliciting the\nmoneys;\nb. The purpose of the solicitation;\nc. The type of e ntity making the donation, including a business\nentity, nonprofit or charitable organization, or individual; and\nd. The state and country of origin of the entity; and\n2. Information related to expenditures from the fund, including but not\nlimited to:\na. The name and address of the person or business entity receiving\nany moneys from the fund;\nb. The amount of moneys received;\nc. The date of issuance of the moneys;\nd. The method of delivery of the moneys;\ne. The purpose for which the moneys were granted; and\nf. A statement regarding the affiliation, if any, between the person,\nmember, or employee soliciting the moneys and the person or\nbusiness entity receiving the moneys.\n(c) The report required by paragraph (b) of this subsection shall be submitted to\nthe Se nate Standing Committee on Appropriations and Revenue and the\nHouse Standing Committee on Appropriations and Revenue or the Interim\nJoint Committee on Appropriations and Revenue.","path":["KRS Chapter 45"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53480","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:04Z","sha256":"013c57d8d467dc25b6b7f742d74bb03cd1716f868fcd1eedc2811170f116e2c0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45.253","next":"us-ky/krs-45.260"},"notice":"GroundRules: Original legal text. Not legal advice."}