201 KAR 37:010. Kentucky Veterans' Program Trust Fund, administration of fund.

 

RELATES TO: KRS 11A.055, 40.460(2)(b), 141.444

STATUTORY AUTHORITY: KRS 40.310(3), 40.460(2)(b)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 40.310(3) authorizes the Department of Veterans' Affairs to accept gifts, grants, and other contributions from a governmental unit and authorizes the department to administer these funds through the use of trust and agency accounts. KRS 40.460(2)(b) establishes the Veterans' Program Trust Fund and authorizes the Kentucky Department of Veterans Affairs to administer the fund and programs financed by the proceeds and interest derived from the fund. This administrative regulation establishes a board of directors to administer the fund and establishes criteria for programs financed by the fund.

 

Section 1. Definitions. (1) "Commissioner" means the Commissioner of the Kentucky Department of Veterans Affairs.

(2) "Fund" means the Kentucky Veterans' Program Trust Fund.

(3) "Honorably separated veteran" means an individual discharged or released from the military with an honorable discharge, a discharge under honorable conditions, or a general discharge.

 

Section 2. Criteria for Programs. (1) Money derived from the fund may be expended for an approved program that:

(a) Provides an item for recreation use, services a center, or is for an organization that provides a service to a veteran if the item is not provided by a program, center, or organization established by federal or state law or appropriation;

(b) Organizes and fosters a program that assists a veteran, including assistance in the use of existing resources, that do not duplicate assistance available from a program established by federal or state law or appropriation;

(c) Encourages and assists a veteran to volunteer for a program dealing with a problem encountered by the veteran;

(d) Works with the public and private sectors to honor and recognize the service and sacrifice of veterans;

(e) Provides a service, supply, program, equipment or other expenditure essential to the operation of the Kentucky Veterans Center other Kentucky veterans nursing homes that would otherwise not be available; or

(f) Provides financial support to the construction or operation of state veterans cemeteries if the support would not otherwise be available.

(2) Fundraising.

(a) The fund may accept a gift, donation, or grant from an individual, a corporation, or government entity.

(b) Solicitation of funds or fundraising on behalf of the fund shall be made unless approved by the commissioner in accordance with KRS 11A.055.

 

Section 3. Board of Directors. (1) The board of directors shall consist of eleven (11) members, including:

(a) The commissioner;

(b) The commissioner's designee from Kentucky Department of Veterans Affairs;

(c) A member of the:

1. Joint Executive Council of Veterans Organizations of Kentucky; and

2. Governor's Advisory Board for Veterans Affairs;

(d) A representative of the following organizations appointed by the Governor pursuant to subsection (3) of this section:

1. The American Legion, Department of Kentucky;

2. The Veterans of Foreign Wars, Department of Kentucky;

3. The Disabled American Veterans, Department of Kentucky; and

4. AMVETS, Department of Kentucky; and

(e) Three (3) at-large members appointed by the Governor.

(2)(a) The commissioner shall serve as chairman of the board of directors.

(b) The board of directors shall hold an election to fill the position of vice-chairman.

(3) An organization specified in subsection (1)(d) of this section shall recommend two (2) members of that organization for appointment to the board of directors. The governor shall appoint one (1) member of each organization from the names submitted by the organization.

(4) A member of the board of directors shall be an honorably separated veteran.

(5) Terms of members.

(a) The initial appointments to the board of directors shall be as follows:

1. A member appointed pursuant to subsection (1)(c) of this section shall serve for a period of three (3) years.

2. A member appointed pursuant to subsection (2)(d) of this section shall serve for a period of two (2) years.

3. A member appointed pursuant to subsection (2)(e) of this section shall serve for a period of one (1) year.

(b) After the initial appointments established under paragraph (a) of this section, a member shall serve for a period of three (3) years.

(c) A member shall serve until his successor is appointed.

(6) The board of directors shall:

(a) Meet at the call of the chairman;

(b) Inform organizations represented on the board of each action considered or taken by the board;

(c) Review projects and recommend approval or disapproval;

(d) Prioritize projects;

(e) Investigate the need for a specific project or program;

(f) Establish guidelines for a project;

(g) Make a recommendation to the commissioner for the utilization and control of funds in the Veterans' Program Trust Fund; and

(h) Prepare an annual report providing an accounting of the Veterans' Program Trust Fund assets and financial activity for each fiscal year.

(7) The chairman of the fund shall assign duties as appropriate to his staff or members of the board for the conduct of business by the board including maintaining the records of the fund that are required for the administration of the Veterans' Program Trust Fund and approved projects. (20 Ky.R. 1427; Am. 1780; eff. 1-10-1994; recodified from 106 KAR 2:010, 10-20-1997; 24 Ky.R. 1544; 1871; eff. 3-16-1998; 31 Ky.R. 1345; 1517; eff. 3-11-2005; 35 Ky.R. 2798; 36 Ky.R. 573; eff. 10-2-2009.)