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DEPARTMENT OF MILITARY AFFAIRS

KRS tit. V, ch. 36
in effect

KRS 36.010 Department of Military Affairs attached to Office of Governor -- Functions -- Organization

36.010. Department of Military Affairs attached to Office of Governor -- Functions -- Organization The Department of Military Affairs shall be attached to the Office of the Governor, have charge of and be responsible to the Governor for the proper functioning of the Kentucky National Guard, militia, and all other military or naval matters of the state, and shall consist of the following offices and divisions: (1) Office of Management and Administration, containing the: (a) Division of Administrative Services; (b) Division of Facilities; (c) Bluegrass Station Division; and (d) Logistics Operations Division; (2) Division of Emergency Management; (3) Office of the Chief of Staff for Federal Army Guard; (4) Office of the Chief of Staff for Federal Air Guard; (5) Kentucky Guard Youth Challenge Division; and (6) Kentucky Civil Air Patrol. In order to promote greater efficiency, economy, and improved administration, the divisional structure of the Department of Military Affairs may be changed, redesignated, or reorganized in accordance with KRS Chapter 12. Notwithstanding KRS Chapter 12, the department's attachment to the Office of Governor as a separate organizational unit not attached to any cabinet shall not be changed except by action of the General Assembly. Effective: June 25, 2009 History: Amended 2009 Ky. Acts ch. 13, sec. 15, effective June 25, 2009. -- Amended 2006 Ky. Acts ch. 193, sec. 6, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 45, sec. 2, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 39, sec. 1, effective June 21, 2001 -- Amended 2000 Ky. Acts ch. 51, sec. 1, effective July 14, 2000; and ch. 102, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 142, sec. 1, effective July 15, 1998; and ch. 401, sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 244, sec. 3, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 118, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 183, sec. 1, effective July 15, 1983. -- Amended 1978 Ky. Acts ch. 155, sec. 40, effective June 17, 1978. -- Amended 1962 Ky. Acts ch. 127, sec. 1. -- Amended 1954 Ky. Acts ch. 94, sec. 1. -- Amended 1946 Ky. Acts ch. 57, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2711a-142, 2711a-145i, 4618-81.

KRS 36.020 Adjutant general -- Appointment -- Rank -- Qualifications -- Bond -- Compensation

36.020. Adjutant general -- Appointment -- Rank -- Qualifications -- Bond -- Compensation (1) The Governor, immediately on his induction into office, shall appoint the adjutant general who shall have served honorably, or be serving, as a commissioned officer of the Armed Forces of the United States, and who shall: (a) Have at least ten (10) years commissioned service in the Kentucky National Guard. A national guard active duty tour or mobilization of national guard units into active federal duty shall not be considered a break in national guard service. (b) Have attained at least the rank of lieutenant colonel with federal recognition. (c) Have not been separated from the Kentucky National Guard for more than five (5) years before the date of appointment. (d) Have met the federal recognition requirement for his current rank and be qualified to meet the requirements for federal recognition in the ranks of brigadier general and major general at the time of appointment to those ranks. (2) The Governor shall issue a commission to the adjutant general in the grade of major general. The commission shall automatically be vacated when the adjutant general is relieved from duty or at the expiration of the term of the Governor appointing him. The adjutant general shall execute bond in the sum of ten thousand dollars ($10,000). The adjutant general shall be compensated at the base rate of pay, not including subsistence and quarters allowances, as provided in KRS 38.205, or prescribed in KRS 64.640. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 101, sec. 1, effective July 14, 1992. -- Amended 1970 Ky. Acts ch. 92, sec. 6. -- Amended 1966 Ky. Acts ch. 214, sec. 1. -- Amended 1962 Ky. Acts ch. 127, sec. 2. -- Amended 1956 Ky. Acts ch. 4, sec. 1. -- Amended 1954 Ky. Acts ch. 94, sec. 2. -- Amended 1946 Ky. Acts ch. 27, sec. 25. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2711a-142, 2711a-151, 2711a-229, 4618-81.

KRS 36.025 Deputy and assistant adjutant general for Army National Guard -- Assistant adjutant general and chief-of-staff for Air National Guard -- Appointment, qualifications -- Compensation

36.025. Deputy and assistant adjutant general for Army National Guard -- Assistant adjutant general and chief-of-staff for Air National Guard -- Appointment, qualifications -- Compensation (1) For the Army National Guard, the Governor, with the recommendation of the adjutant general, may appoint a deputy adjutant general and an assistant adjutant general, who at the time of appointment shall be at least thirty (30) years of age and shall be serving as a commissioned officer in the Kentucky National Guard. The Governor shall issue a commission to each such deputy adjutant general and assistant adjutant general in the grade of brigadier general, provided such individual is qualified for federal recognition in that grade. The adjutant general, in his or her discretion, may require either the deputy or assistant adjutant general to serve as a full-time employee in the Department of Military Affairs. The deputy adjutant general or assistant adjutant general who serves as an employee of the department may be compensated at the base rate of pay, not including subsistence and quarters allowances, as provided in KRS 38.205, or as prescribed in KRS 64.640. (2) For the Air National Guard, the Governor, with the recommendation of the adjutant general, may appoint an assistant adjutant general and a chief-of-staff, who at the time of appointment shall be at least thirty (30) years of age and shall be serving as a commissioned officer in the Kentucky National Guard. The Governor shall issue a commission to each such assistant adjutant general and chief-of-staff in the grade of brigadier general, provided such individual is qualified for federal recognition in that grade. The adjutant general, in his or her discretion, may require either the assistant adjutant general or chief-of-staff to serve as a full-time employee in the Department of Military Affairs. The assistant adjutant general or chief-of-staff who serves as an employee of the department may be compensated at the base rate of pay, not including subsistence and quarters allowances, as provided in KRS 38.205, or as prescribed in KRS 64.640. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 110, sec. 1, effective June 29, 2021. -- Amended 2007 Ky. Acts ch. 31, sec. 1, effective June 26, 2007. -- Amended 1970 Ky. Acts ch. 92, sec. 7. -- Amended 1966 Ky. Acts ch. 214, sec. 2. -- Created 1962 Ky. Acts ch. 127, sec. 12.

KRS 36.030 Adjutant general, deputy adjutant general, chief-of-staff, and assistant adjutants general -- Compatibility of office

36.030. Adjutant general, deputy adjutant general, chief-of-staff, and assistant adjutants general -- Compatibility of office The office of the adjutant general, deputy adjutant general, chief-of-staff, or assistant adjutants general shall not necessarily be incompatible with or serve to vacate the commission in the Kentucky National Guard held by the officer appointed as the adjutant general, deputy adjutant general, chief-of-staff, or assistant adjutant general at the time of his or her appointment, nor shall it be incompatible with any office of the National Guard to which he or she might be promoted or appointed, nor interfere with or prevent his or her attending to the duties of the office held at the time or to which he or she may thereafter be promoted or appointed. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 110, sec. 2, effective June 29, 2021. -- Amended 1966 Ky. Acts ch. 214, sec. 3. -- Amended 1962 Ky. Acts ch. 127, sec. 3. -- Amended 1956 Ky. Acts ch. 4, sec. 2. -- Amended 1950 Ky. Acts ch. 15, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-151.

KRS 36.040 Duties of adjutant general -- Authority to enter into agreements with federal agencies

36.040. Duties of adjutant general -- Authority to enter into agreements with federal agencies (1) The adjutant general shall: (a) Represent the Governor in all military matters pertaining to the Commonwealth of Kentucky; (b) Be the executive head of the Department of Military Affairs and exercise all functions vested by law in the department; (c) Establish the internal organizational structure of the major organizations of the department; (d) Organize and supervise all programs, functions, and personnel assigned to the department in accordance with all state and federal statutes and administrative regulations; (e) Be responsible to the Governor for the proper carrying into effect of all laws, rules, and regulations of the United States and of this state affecting the militia and other military organizations established by law; (f) Perform the duties prescribed for him by laws of the United States and regulations issued thereunder; (g) Direct and supervise the chiefs of staff departments and supervise all troops and all departments, arms, and branches of the Kentucky Army and Air National Guard; (h) Supervise the preparation of all returns and reports of the Department of Military Affairs; (i) Keep a register of all the officers of the Kentucky National Guard, and make a written report to the Governor for the annual period ending on June 30 of each year of the operations and conditions of the Department of Military Affairs; (j) Cause to be prepared and issued all necessary blank books, forms, and notices required to carry into full effect matters assigned to the adjutant general under the provisions of KRS Chapters 36, 37, and 38; (k) Direct and supervise the safekeeping and repairing of the ordnance, arms, accouterments, equipment, and all other military property belonging to the state or issued to it by the United States; (l) Notify the Finance and Administration Cabinet of all military property of the state which after inspection is found unsuitable for use of the cabinet; (m) Keep an account of: 1. All expenses, including pay of officers and enlisted men, allowance to officers and organizations; 2. Any other moneys required to be disbursed by him and through his office, including subsistence and transportation of the National Guard; and 3. All military property of the United States; (n) Issue and make requisitions for military property under the direction of the Governor, but no military property shall be issued to persons or organizations other than those belonging to the National Guard, except to such portion of the Kentucky active militia as is called out by the Governor; (o) Maintain as a part of his office a Bureau of War Records in which all records pertaining to wars and relics shall be kept, and be custodian of all such records, relics, colors, standards, and battle flags now the property of the state, or in its possession, or which the state may hereafter acquire; (p) Organize units of the National Guard at places designated by the Governor and have the members mustered into service under regulations prescribed by the Governor; (q) Issue all regulations, orders, and directives for the proper functioning and utilization of the Department of Military Affairs and its divisions; (r) Hire, discharge, and pay any personnel that the adjutant general deems necessary to fulfill defense contracts without regard to KRS Chapter 18A; and (s) Make contracts, acquire real and personal property by gift, purchase, or by condemnation in the manner prescribed in the Eminent Domain Act of Kentucky, and do all things necessary to perform its duties under this section and KRS 36.080. (2) The adjutant general, or his or her designee, may enter into any federal contracts, federal grants, and federal agreements with the United States of America, by and through the Department of Defense, Department of the Army, Department of the Air Force, National Guard Bureau, Federal Aviation Administration, United States Department of Homeland Security, and Federal Emergency Management Agency, and any other division, department, or agency of the federal government, as may be deemed necessary to carry out the general intent and purposes of the Department of Military Affairs. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 109, sec. 1, effective June 29, 2021. -- Amended 2006 Ky. Acts ch. 194, sec. 1, effective July 12, 2006. -- Amended 2001 Ky. Acts ch. 39, sec. 3, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 540, sec. 6, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 244, sec. 4, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 313, sec. 1, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(1). -- Amended 1970 Ky. Acts ch. 92, sec. 8. -- Amended 1962 Ky. Acts ch. 127, sec. 4. -- Amended 1954 Ky. Acts ch. 94, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2711a-142, 2711a-152, 4618-81.

KRS 36.042 Kentucky Guard Youth Challenge Program -- Director -- Strategic plan -- Student's participation time attributable to district

36.042. Kentucky Guard Youth Challenge Program -- Director -- Strategic plan -- Student's participation time attributable to district (1) The Kentucky Guard Youth Challenge Program is hereby established within the Department of Military Affairs to se rve as the state's program for participation in the National Guard Youth Challenge Program established in 32 U.S.C. sec. 509 or any successor program. The program shall establish at least one (1) campus for program operations and may establish additional c ampuses as funding and demand allow. The program shall serve as an alternative education program that serves each school district in the Commonwealth. (2) The Kentucky Guard Youth Challenge Program shall be designed to align and comply with federal statute and administrative regulations for the National Guard Youth Challenge Program and associated guidance provided by the United States Department of Defense. (3) The Kentucky Guard Youth Challenge Program shall be under the direction of the adjutant general or designee. The adjutant general or designee shall: (a) Appoint a director of the Kentucky Guard Youth Challenge Program to oversee the daily management of the program; and (b) Adopt a strategic plan for the program's schools to ensure continuous improvement. (4) For purposes of the school assessment and accountability system established in KRS Chapter 158, the Kentucky Department of Education shall, through policy or the promulgation of an administrative regulation, provide that the time each student is participating in the program is attributable to the district sending the student to participate in the program. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 151, sec. 1, effective June 29, 2023.

KRS 36.045 Repealed, 1962

36.045. Repealed, 1962 Catchline at repeal: Deputy Adjutants General; appointment; commission. History: Repealed 1962 Ky. Acts ch. 127, sec. 13. -- Created 1956 Ky. Acts ch. 4, sec. 3.

KRS 36.050 Disability of adjutant -- Who to act

36.050. Disability of adjutant -- Who to act In the absence or inability of the adjutant general to perform his duties, he may designate, by special order, an officer to perform his duties temporarily, and if no officer is so designated, the senior officer on duty in the adjutant general's office shall perform the adjutant general's duties. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-152.

KRS 36.060 Repealed, 1966

36.060. Repealed, 1966 Catchline at repeal: Kentucky Disabled Ex-Service Men's Board. History: Repealed 1966 Ky. Acts ch. 255, sec. 283. -- Amended 1946 Ky. Acts ch. 57, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4618-83.

KRS 36.065 Repealed, 1972

36.065. Repealed, 1972 Catchline at repeal: Kentucky disabled ex-service men's board. History: Repealed 1972 Ky. Acts ch. 222, sec. 4. -- Amended 1960 Ky. Acts ch. 83, sec. 1. -- Created 1954 Ky. Acts ch. 137, sec. 1.

KRS 36.067 Logistics Operations Division

36.067. Logistics Operations Division (1) The Logistics Operations Division shall be headed by a director appointed by the Governor in accordance with KRS 12.050. The division shall be composed of organizational entities deemed appropriate by the adjutant general and set forth by administrative order. (2) The Logistics Operations Division shall provide logistical services to federal defense agencies under contract or program memorandum of agreement between those agencies and the Department of Military Affairs. Effective: June 21, 2001 History: Created 2001 Ky. Acts ch. 39, sec. 2, effective June 21, 2001.

KRS 36.068 Bluegrass Station Division

36.068. Bluegrass Station Division The Bluegrass Station Division exists to support, retain, and attract primarily defense and homeland security agencies, contractors, and associated and compatible operations, including the jobs which they bring to Kentucky. Agency contracts, leases, and accounting procedures may additionally reflect the needs of these customers. The Bluegrass Station Division shall be headed by a director experienced with federal contracts, construction, and installation operations, and maintenance funding requirements. Effective: April 2, 2014 History: Created 2014 Ky. Acts ch. 15, sec. 1, effective April 2, 2014.

KRS 36.070 Facilities division -- Director -- Duties

36.070. Facilities division -- Director -- Duties The facilities division shall be headed by a director experienced in the administration of real property. The division shall administer real and personal property of the Department of Military Affairs. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 109, sec. 2, effective June 29, 2021. -- Amended 1980 Ky. Acts ch. 188, sec. 14, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 140, sec. 16. -- Amended 1962 Ky. Acts ch. 127, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2711a-128, 4618-84.

KRS 36.080 Armories to be provided -- Acquisition -- Cost

36.080. Armories to be provided -- Acquisition -- Cost (1) The facilities division shall provide adequate armories, buildings and grounds for the Kentucky Army and Air National Guard for its purposes of drill, instruction and administration and for the safekeeping of public property of the state and the United States issued to or for the use of the Kentucky National Guard. (2) The facilities division may, either alone or in cooperation with the United States government, counties, cities, private corporations, voluntary unincorporated associations or individuals, construct, or acquire by purchase, contract, lease, gift, donations, or by condemnation in the manner prescribed in the Eminent Domain Act of Kentucky, armories, buildings or grounds suitable for drill, instruction and administration and the safekeeping of public property, and make additions and improvements in or to such armories and facilities. The division may, either alone or with the like cooperation of others, provide heat, light, water, telephone service and other costs of operation and maintenance, including insurance. (3) The amounts to be spent for the construction, acquisition, maintenance and rental of armories shall be wholly within the discretion of the adjutant general. History: Amended 1976 Ky. Acts ch. 140, sec. 17. -- Amended 1962 Ky. Acts ch. 127, sec. 6. -- Amended 1954 Ky. Acts ch. 94, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-128.

KRS 36.081 Restriction of application of KRS 36.080 (3)

36.081. Restriction of application of KRS 36.080 (3) Subsection (3) of KRS 36.080 shall not apply to armories constructed by or rented from the Commonwealth of Kentucky Military Department Armory Corporation, organized under the laws of Kentucky, July 10, 1939. History: Amended 1948 Ky. Acts ch. 103, sec. 3. -- Created 1946 Ky. Acts ch. 72, sec. 3.

KRS 36.082 National Guard Facilities Construction Act

36.082. National Guard Facilities Construction Act (1) This section may be cited as the National Guard Facilities Construction Act. (2) The purpose of this section is to provide funds for the construction of National Guard facilities at the following locations, at the estimated cost shown: Location Facility Estimated Cost Expected Federal State Funds Funds Louisville Maintenance Shop $ 75,000 $ 6,000 Hickman Armory 210,000 80,000 Lexington Armory 340,000 145,000 Lexington Maintenance Shop 75,000 6,000 Frankfort Aviation Maintenance Shop 85,000 6,800 Ravenna Armory 190,000 75,000 Russellville Armory 170,000 70,000 Frankfort Department of Military Affairs Building and State Government Emergency Operations Center 250,000 470,000 TOTAL $1,395,000 $858,800 Any of these facilities may be constructed at such other locations at which National Guard units may be established. (3) Proceeds from the sale of facilities now held by the Department of Military Affairs which are obsolete or surplus to the needs of the department shall be deposited to the capital construction fund to the credit of the Department of Military Affairs. Such amounts credited and such additional funds as are available for general use within the capital construction fund may be used for construction of facilities for the Department of Military Affairs to carry out the provisions of this section. Any unexpended balances remaining at the close of a fiscal year shall not lapse, but shall carry forward into subsequent fiscal years. Upon certification by the adjutant general that any project which was planned in anticipation of receipt of federal funds, that such federal funds will not be received on a timely basis, state funds designated for such projects may revert to capital construction fund to the credit of the Department of Military Affairs for other construction projects. History: Amended 1974 Ky. Acts ch. 108, sec. 8. -- Amended 1968 Ky. Acts ch. 58, sec. 1. -- Amended 1966 Ky. Acts ch. 231, sec. 1. -- Amended 1960 Ky. Acts ch. 177, sec. 1. -- Amended 1958 Ky. Acts ch. 24, sec. 1. -- Created 1956 Ky. Acts ch. 71, sec. 1.

KRS 36.085 Legislative intent

36.085. Legislative intent (1) It is the intent of the General Assembly to provide a local installation management fund at Department of Military Affairs facilities. The local installation management fund shall be receipts from the use of Department of Military Affairs facilities by military and nonmilitary individuals and organizations. (2) The General Assembly further recognizes that some Department of Military Affairs facilities are not staffed by state employees, but are staffed by members of the Kentucky National Guard, who are on the federal payroll. It is the intent of the General Assembly to authorize the adjutant general of Kentucky to appoint a member of the Kentucky National Guard as custodian of each of the various local installation management funds when an authorized state employee is not stationed at that location. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 72, sec. 1, effective June 24, 2015. -- Created 1986 Ky. Acts ch. 420, sec. 1, effective July 15, 1986.

KRS 36.086 Installation management fund

36.086. Installation management fund (1) The Department of Military Affairs may establish an installation management fund account in a local bank for each Department of Military Affairs facility, notwithstanding KRS 41.070 and 45A.655. Funds derived from the use of the buildings and grounds shall be deposited in the Department of Military Affairs local installation management fund account. (2) The adjutant general shall determine the maximum authorized balance in each Department of Military Affairs local installation management fund account. The adjutant general or his designated representative shall review at least annually each installation management fund account. If the account balance is excessive, the surplus funds shall be withdrawn from the installation management fund account for deposit in the appropriate Department of Military Affairs trust and agency fund account. (3) The local installation management fund account shall be used for expenses associated with routine Department of Military Affairs and Kentucky National Guard functions and operations. Any expense in excess of one hundred fifty dollars ($150) but not more than one thousand dollars ($1,000) shall have approval from the facilities division director. Any expense in excess of one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500) shall have approval from the executive director of the Department of Military Affairs. Any expense in excess of two thousand five hundred dollars ($2,500) but not more than four thousand dollars ($4,000) shall have approval from the adjutant general or his designated representative. (4) The adjutant general shall provide an annual report to the Legislative Research Commission and the secretary of the Finance and Administration Cabinet which identifies the receipts and expenditures of the installation management fund accounts. This report shall be transmitted to the Legislative Research Commission and the secretary of the Finance and Administration Cabinet within sixty (60) days after the close of each fiscal year. In addition, the adjutant general shall also provide information to the Legislative Research Commission and the secretary of the Finance and Administration Cabinet during the preparation of the biennial budget relating to the receipts, expenditures, and balances of these accounts. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 72, sec. 2, effective June 24, 2015. -- Amended 1990 Ky. Acts ch. 496, sec. 27, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 420, sec. 2, effective July 15, 1986.

KRS 36.088 Morale, welfare, and recreation facilities -- Nonappropriated fund instrumentality -- Administrative regulations -- Use of facilities and proceeds derived therefrom

36.088. Morale, welfare, and recreation facilities -- Nonappropriated fund instrumentality -- Administrative regulations -- Use of facilities and proceeds derived therefrom (1) As used in this section, unless the context requires otherwise: (a) "Morale, welfare, and recreation facility" means any post exchange, canteen, barber shop, fitness center, snack bar, transient housing, billeting operation, daycare, laundry, or similar facility, the purpose of which is to enhance the morale and welfare of military personnel; (b) "Nonappropriated fund employee" means an employee of a nonappropriated fund instrumentality who is not an employee of the federal government or the Commonwealth of Kentucky; and (c) "Nonappropriated fund instrumentality" means an enterprise operated exclusively with funds derived from sales or user fees, which receives no legislative appropriations for its operations. (2) (a) The adjutant general is authorized to establish morale, welfare, and recreation facilities within the state as in his or her judgment may be necessary and proper for military purposes. (b) Morale, welfare, and recreation facilities may be established at any property under the control of the Department of Military Affairs. (c) As used in this subsection, "property under the control of the Department of Military Affairs" means any property on the facility installations stationing plan as maintained by the construction and facilities manager for the Kentucky National Guard, and includes all armories, training areas, ranges, and other facilities leased, licensed, or owned by the Department of Military Affairs. (3) Notwithstanding any other provision of law to the contrary, the adjutant general is authorized to establish a nonappropriated fund instrumentality for the purpose of operating the morale, welfare, and recreation facilities. (4) A nonappropriated fund instrumentality established under this section may: (a) Contract for goods and services; (b) Hire nonappropriated fund employees under terms and conditions as it may negotiate, subject only to applicable state and federal labor laws; (c) Establish a system of bookkeeping, accounting, and auditing procedures for the proper handling of funds derived from its operations; and (d) Perform any other action necessary to establish a board, corporation, or other entity for the purpose of operating the morale, welfare, and recreation facilities. (5) A nonappropriated fund instrumentality established under this section is solely responsible for its operations. No debt of the nonappropriated fund instrumentality is a debt of the Commonwealth. An action of the nonappropriated fund instrumentality is not an action of the Commonwealth, and shall not obligate the Commonwealth in any manner. (6) The adjutant general may promulgate administrative regulations for the operation of morale, welfare, and recreation facilities and any nonappropriated fund instrumentality established under this section. (7) All proceeds derived from the operation of the morale, welfare, and recreation facilities within the state shall, after payment of operating expenses, notwithstanding any other provision of law to the contrary, be used exclusively to benefit the morale, welfare, and recreation facilities. (8) Use of the morale, welfare, and recreation facilities provided for in this section is limited to: (a) Current and retired members of the Kentucky National Guard and their eligible dependents; and (b) Civilian employees of the United States or the Commonwealth of Kentucky working under Department of Military Affairs management or in support of Department of Military Affairs activities. Effective: March 30, 2015 History: Created 2015 Ky. Acts ch. 75, sec. 1, effective March 30, 2015.

KRS 36.090 Repealed, 1978

36.090. Repealed, 1978 Catchline at repeal: Counties and cities may acquire armories -- Taxes. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 140, sec. 18. -- Amended 1962 Ky. Acts ch. 127, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-128.

KRS 36.100 Repealed, 1954

36.100. Repealed, 1954 Catchline at repeal: Rooms for veterans. History: Repealed 1954, Ky. Acts ch. 94, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-128.

KRS 36.110 Governor's staff

36.110. Governor's staff The staff of the commander in chief shall consist of an administrative and personal staff. The administrative staff shall consist of the adjutant general and such other officers of the Kentucky National Guard, of the grade prescribed by the Department of Defense of the United States for the administrative staff for Kentucky, as are detailed by the Governor. The personal staff shall consist of not more than four (4) aides-de-camp, detailed from commissioned officers of the National Guard in active service from grades below that of colonel. Such detail shall not add to the grade of the officer so appointed. The officers detailed as aides-de-camp shall not be relieved from duty with their respective organizations but shall perform all duties pertaining thereto except when on duty as aides- de-camp under orders of the Governor. The staff shall be appointed by the Governor and shall hold office during his pleasure or during the term for which he was elected. History: Amended 1962 Ky. Acts ch. 127, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-144.

KRS 36.120 Repealed, 1962

36.120. Repealed, 1962 Catchline at repeal: Assistant Adjutants General. History: Repealed 1962 Ky. Acts ch. 127, sec. 13. -- Amended 1956 Ky. Acts ch. 4, sec. 4. -- Amended 1954 Ky. Acts ch. 94, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2711a-154, 2711a-227, 2711a-230.

KRS 36.130 Officers and personnel -- Appointment -- Duties -- Salaries

36.130. Officers and personnel -- Appointment -- Duties -- Salaries The adjutant general, by and with the advice and approval of the Governor, shall appoint the officers and other personnel necessary for the proper functioning of the Department of Military Affairs, fix their salaries and prescribe their duties. History: Amended 1962 Ky. Acts ch. 210, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-155.

KRS 36.140 Reimbursement for expenses and subsistence for active field service or state active duty -- Annual leave

36.140. Reimbursement for expenses and subsistence for active field service or state active duty -- Annual leave (1) Officers and enlisted men ordered into active field service pursuant to KRS 37.240 or into state active duty as defined in KRS 38.010(4) as individuals shall be entitled to reimbursement out of the State Treasury for expense of transportation and for other expenses actually incurred pursuant to KRS 45.101 and the regulations promulgated thereunder, and, when government supplied quarters and mess facilities are not available to the officers and enlisted men without cost, they shall be entitled to reimbursement out of the State Treasury for subsistence pursuant to KRS 45.101. (2) Nothing in this section shall be construed to prevent officers and employees of state, county, and local departments and agencies from receiving fifteen (15) days annual military leave with pay. Effective: April 9, 1992 History: Amended 1992 Ky. Acts ch. 307, sec. 2, effective April 9, 1992. -- Amended 1982 Ky. Acts ch. 450, sec. 54, effective July 1, 1983. -- Amended 1974 Ky. Acts ch. 108, sec. 9. -- Amended 1962 Ky. Acts ch. 127, sec. 9. -- Amended 1954 Ky. Acts ch. 94, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-156.

KRS 36.145 Repealed, 2017

36.145. Repealed, 2017 Catchline at repeal: Kentucky National Guard and Reserve Employers' Council -- Membership -- Meetings. History: Repealed 2017 Ky. Acts ch. 80, sec. 58, effective June 29, 2017. -- Created 2003 Ky. Acts ch. 158, sec. 1, effective June 24, 2003.

KRS 36.146 Repealed, 2017

36.146. Repealed, 2017 Catchline at repeal: Mission of Kentucky National Guard and Reserve Employers' Council. History: Repealed 2017 Ky. Acts ch. 80, sec. 58, effective June 29, 2017. -- Created 2003 Ky. Acts ch. 158, sec. 2, effective June 24, 2003.

KRS 36.150 Repealed, 1946

36.150. Repealed, 1946 Catchline at repeal: Bonds of officers and employes. History: Repealed 1946 Ky. Acts ch. 27, sec. 16. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2711a-202. 2711a-231, 2711a- 232.

KRS 36.160 Repealed, 1942

36.160. Repealed, 1942 Catchline at repeal: Militia; whom to consist of; divided into three classes. History: Repealed 1942 Ky. Acts ch. 4, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-145.

KRS 36.170 Codes of regulations

36.170. Codes of regulations (1) The system of organization, armament, discipline and government of the National Guard shall be prescribed from time to time in a code of regulations promulgated by the Governor, subject to the laws and regulations of the United States. (2) The system of organization, armament, discipline and government of the Kentucky active militia shall be prescribed from time to time in a "Code of Regulations" to be promulgated by the adjutant general after being authorized by the Governor. History: Amended 1962 Ky. Acts ch. 127, sec. 10. -- Amended 1942 Ky. Acts ch. 4, secs. 10 and 24. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2711a-145f, 2711a-157.

KRS 36.180 Repealed, 1954

36.180. Repealed, 1954 Catchline at repeal: U.S. articles of war and regulations adopted; imprisonment. History: Repealed 1954 Ky. Acts ch. 94, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-158.

KRS 36.190 Repealed, 1962

36.190. Repealed, 1962 Catchline at repeal: Council of administration; honorary members; jury service, exemption from. History: Repealed 1962 Ky. Acts ch. 127, sec. 13. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-241.

KRS 36.200 Inspection of military property

36.200. Inspection of military property The adjutant general or such officers as he may designate shall inspect, at least once in each year or oftener if the Governor requires, all headquarters, arsenals, storehouses, armories, organizations, military property belonging to the state, and military property issued to the state by the United States. The inspectors shall render a detailed report to the adjutant general of the condition of same. History: Amended 1962 Ky. Acts ch. 127, sec. 11. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-239.

KRS 36.210 Repealed, 1942

36.210. Repealed, 1942 Catchline at repeal: Appropriations may be used interchangeably. History: Repealed 1942 Ky. Acts ch. 4, sec. 23. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-145x.

KRS 36.220 Expenses of active militia -- Appropriations may be used interchangeably

36.220. Expenses of active militia -- Appropriations may be used interchangeably All necessary cost and expense of perfecting and maintaining the organization of the Kentucky active militia, the payment of salaries, expenses of administration, purchase of necessary equipment, supplies, printing, postage and all other necessary expenditures shall be paid out of any budget appropriation made for the present or that may be made for any future fiscal year, for use of the military department, and the adjutant general is hereby authorized and empowered to use any funds so appropriated interchangeably for the Kentucky active militia or the National Guard, except as to the armory fund. In the event there is not sufficient funds in the budget allotted to the adjutant general, the Governor is authorized to expend from his emergency fund or any other fund appropriated by the Legislature a sufficient amount to take care of any deficiency that may arise. History: Created 1942 Ky. Acts ch. 4, sec. 17.

KRS 36.224 Repealed, 2006

36.224. Repealed, 2006 Catchline at repeal: Office for Security Coordination -- Federal homeland security funding. History: Repealed 2006 Ky. Acts ch. 193, sec. 16, effective July 12, 2006. -- Amended 2003 Ky. Acts ch. 68, sec. 1, effective March 18, 2003. -- Created 2002 Ky. Acts ch. 45, sec. 1, effective July 15, 2002.

KRS 36.230 Unit of Civil Air Patrol -- Head of unit

36.230. Unit of Civil Air Patrol -- Head of unit (1) There shall be a Unit of Civil Air Patrol in the Department of Military Affairs. The unit shall consist of the Kentucky wing of the Civil Air Patrol and any other units and personnel as are added by administrative order. (2) The commanding officer or his designee of the Kentucky wing of the Civil Air Patrol shall be ex officio the head of the unit. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 258, sec. 1, effective July 15, 1996.

KRS 36.235 Functions of unit

36.235. Functions of unit The Unit of Civil Air Patrol established pursuant to KRS 36.230 shall perform emergency disaster work within the Commonwealth in all instances in which aeronautical equipment and maneuvers might be of assistance in relieving the disaster, and shall engage in all manner of air search and rescue for which the Civil Air Patrol is fitted. The head may establish facilities for aeronautical education and training. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 258, sec. 2, effective July 15, 1996.

KRS 36.240 Coordination of unit activities with federal government

36.240. Coordination of unit activities with federal government The adjutant general shall coordinate the activities of the Unit of Civil Air Patrol established pursuant to KRS 36.230 with the federal government and any of its agencies in all matters relating to aeronautical training and education, communications, rescue work, mercy missions, aerial observation, establishment of navigational aids, and other functions within the scope of activity of the Civil Air Patrol. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 258, sec. 3, effective July 15, 1996.

KRS 36.245 Use of appropriations -- Restrictions

36.245. Use of appropriations -- Restrictions No portion of moneys appropriated for the Unit of the Civil Air Patrol established pursuant to KRS 36.230 shall be expended without the approval of the adjutant general nor shall they be expended for the purchase of uniforms for any member of the Civil Air Patrol. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 258, sec. 4, effective July 15, 1996.

KRS 36.250 Repealed, 2023

36.250. Repealed, 2023 Catchline at repeal: Definitions for KRS 36.250 to 36.270. History: Repealed 2023 Ky. Acts ch. 58, sec. 3, effective June 29, 2023. -- Repealed, reenacted, and amended 1998 Ky. Acts ch. 86, sec. 1, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 316, sec. 1, effective July 15, 1996. Formerly codified as KRS 42.660.

KRS 36.255 Repealed, 2023

36.255. Repealed, 2023 Catchline at repeal: Kentucky Community Crisis Response Board -- Members -- Meetings. History: Repealed 2023 Ky. Acts ch. 58, sec. 3, effective June 29, 2023. -- Amended 2012 Ky. Acts ch. 146, sec. 6, effective July 12, 2012; and ch. 158, sec. 7, effective July 12, 2012. -- Amended 2007 Ky. Acts ch. 85, sec. 119, effective June 26, 2007. - - Amended 2000 Ky. Acts ch. 14, sec. 6, effective July 14, 2000; and ch. 102, sec. 3, effective July 14, 2000. -- Repealed, reenacted, and amended 1998 Ky. Acts ch. 86, sec. 2, effective July 15, 1998; and amended ch. 426, sec. 83, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 316, sec. 2, effective July 15, 1996. Formerly codified as KRS 42.665.

KRS 36.260 Repealed, 2023

36.260. Repealed, 2023 Catchline at repeal: Duties of board. History: Repealed 2023 Ky. Acts ch. 58, sec. 3, effective June 29, 2023. -- Repealed, reenacted, and amended 1998 Ky. Acts ch. 86, sec. 3, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 316, sec. 3, effective July 15, 1996. Formerly codified as KRS 42.670.

KRS 36.265 Repealed, 2023

36.265. Repealed, 2023 Catchline at repeal: Attorney General to represent board members in civil proceedings. History: Repealed 2023 Ky. Acts ch. 58, sec. 3, effective June 29, 2023. -- Repealed, reenacted, and amended 1998 Ky. Acts ch. 86, sec. 4, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 316, sec. 4, effective July 15, 1996. Formerly codified as KRS 42.675.

KRS 36.270 Repealed, 2023

36.270. Repealed, 2023 Catchline at repeal: Status of state and local government employees acting on behalf of board. History: Repealed 2023 Ky. Acts ch. 58, sec. 3, effective June 29, 2023. -- Repealed, reenacted, and amended 1998 Ky. Acts ch. 86, sec. 5, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 316, sec. 5, effective July 15, 1996. Formerly codified as KRS 42.680.

KRS 36.320 Repealed, 1974

36.320. Repealed, 1974 Catchline at repeal: Officers - Records. History: Repealed 1974 Ky. Acts ch. 74, art.VI, sec. 108 -- Created 1972 Ky. Acts ch. 222, sec. 2..

KRS 36.390 Legislative findings on military burial honors -- Authority to promulgate administrative regulations

36.390. Legislative findings on military burial honors -- Authority to promulgate administrative regulations (1) The Commonwealth of Kentucky recognizes the need to provide for honorable burials for Kentuckians who have served their state and nation in the Armed Forces. Historically these burial services have been conducted by the active military units in Kentucky, the Kentucky National Guard, the military reserves, and the veterans' service organizations. However, increasing death rates, declining military resources, and an aging membership of veterans' service organizations present the need for new initiatives in support of military burial honors. (2) To correct this situation, and recognizing the immediate need, the Department of Military Affairs shall oversee a Military Burial Honor Guard Program, in coordination with the Department of Veterans' Affairs, on behalf of the Commonwealth of Kentucky. (3) The Department of Military Affairs, in consultation with and as a supplement to the Department of Defense, active United States military commands in Kentucky, the Department of Veterans' Affairs, the military reserves, and veterans service organizations, shall implement and administer the provisions of KRS 36.390 to 36.396 through the promulgation of administrative regulations. These regulations shall be in accordance with the provisions of KRS Chapter 13A and shall comply with and supplement the Department of Defense and the Armed Services' guidance. Effective: July 1, 2000 History: Created 2000 Ky. Acts ch. 378, sec. 1, effective July 1, 2000.

KRS 36.392 Military burial honor guard trust fund

36.392. Military burial honor guard trust fund (1) There is established and created in the State Treasury a fund entitled the "Military Burial Honor Guard Trust Fund" to provide funds to offset the costs of the Military Burial Honor Guard Program. The fund may receive state appropriations, gifts, grants, federal funds, and any other funds both public and private. Moneys deposited in the fund shall be disbursed by the State Treasurer upon the warrant of the Adjutant General or his representative. Any unallocated or unencumbered balances in the fund shall be invested as provided in KRS 42.500(9), and any income earned from the investments along with the unallotted or unencumbered balances in the fund shall not lapse and shall be deemed a trust and agency account and made available solely for the purposes and benefits of the Military Burial Honor Guard Program. (2) The fund shall be used to support the costs, beyond federal reimbursements, that the Department of Military Affairs and the Department of Veterans' Affairs incur and deem necessary in providing and supporting the personnel and activities of KRS 36.390 to 36.396. Effective: July 1, 2000 History: Created 2000 Ky. Acts ch. 378, sec. 2, effective July 1, 2000.

KRS 36.394 Duties of Department of Military Affairs and Department of Veterans' Affairs relating to burial honors

36.394. Duties of Department of Military Affairs and Department of Veterans' Affairs relating to burial honors (1) The Department of Military Affairs shall promulgate administrative regulations to implement the Military Burial Honor Guard Program. (2) The Department of Military Affairs shall coordinate military burial honors for those who are determined to be eligible by federal and state regulations. (3) The Department of Veterans' Affairs shall coordinate the Military Burial Honor Guard Program with veterans' service organizations, Kentucky veterans and their dependents, and the United States Department of Veterans' Affairs in support of the Department of Military Affairs. Effective: July 1, 2000 History: Created 2000 Ky. Acts ch. 378, sec. 3, effective July 1, 2000.

KRS 36.396 Excused absences for secondary school students who participate in Military Burial Honor Guard Program -- Inclusion in instructional program

36.396. Excused absences for secondary school students who participate in Military Burial Honor Guard Program -- Inclusion in instructional program (1) Recognizing the participation of secondary school students in the Military Burial Honor Guard Program, excused absences may be granted by local school boards to students of secondary school JROTC programs or other students who participate in the Military Burial Honor Guard Program. This includes time spent training, traveling, and participating in the Military Burial Honor Guard Program. (2) Local school boards may also adopt a policy to allow students to participate in the Military Burial Honor Guard Program as a part of the instructional program. Effective: July 1, 2000 History: Created 2000 Ky. Acts ch. 378, sec. 4, effective July 1, 2000.

KRS 36.440 Authority for disposition of remains when decedent died in active military service

36.440. Authority for disposition of remains when decedent died in active military service Notwithstanding KRS 367.97501 to 367.97537 or any other statute relating to the disposition of remains, if a decedent died while in active military service, including state active duty with the National Guard, the person designated by the decedent on the United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, shall have the primary authority and responsibility for the final disposition of the decedent's remains. Effective: June 25, 2013 History: Created 2013 Ky. Acts ch. 124, sec. 1, effective June 25, 2013.

KRS 36.450 Automatic extension of license, permit, or certification held by members of Armed Forces deployed overseas -- Inapplicability to operator's and driver's licenses, motor vehicle registrations, and licenses to carry concealed deadly weapon -- Renewal of concealed carry license by deployed service member

36.450. Automatic extension of license, permit, or certification held by members of Armed Forces deployed overseas -- Inapplicability to operator's and driver's licenses, motor vehicle registrations, and licenses to carry concealed deadly weapon -- Renewal of concealed carry license by deployed service member (1) Except as provided for in subsections (5), (6), and (7) of this section, notwithstanding any other provision of law, a license, permit, or certification held by a member of the United States Armed Forces, including a member of the Kentucky National Guard or Reserve on federal active duty, that expires while that member is deployed overseas shall be extended until ninety (90) days after the end of the deployment. (2) The hiring, licensing, permitting, or certifying authority shall renew a license, permit, or certification extended under subsection (1) of this section until the next date that the license, permit, or certification expires or for the period that the license, permit, or certification is normally issued, at no cost to the member, if that member: (a) Requests renewal of the license, permit, or certification within ninety (90) days after the end of overseas deployment; (b) Provides the hiring, licensing, permitting, or certifying authority with a copy of the member's official orders ending the overseas deployment; and (c) Meets all the requirements necessary for the renewal of the license, permit, or certification, except that the member need not meet the requirements, if any, that relate to continuing education or training. (3) (a) The possession by a member specified in subsection (1) of this section of a license, permit, or certification, together with orders for overseas deployment, shall constitute a de facto extension of the license, permit, or certification until its expiration pursuant to subsection (1) of this section or until the license, permit, or certificate is renewed by the hiring, licensing, permitting, or certifying authority, whichever occurs later. (b) The possession of a license, permit, or certification, together with orders for overseas deployment, shall constitute, during the period specified in paragraph (a) of this subsection, a defense to any charge for possession of an expired license, permit, or certification by the member specified in subsection (1) of this section. (4) In order to avoid confusion regarding the status of a license, permit, or certification, a service member specified in subsection (1) of this section may provide the hiring, licensing, permitting, or certifying authority a copy of the service member's overseas deployment orders. Upon receipt of the service member's overseas deployment orders, the receiving agency shall indicate the license as extended as provided in this section in the agency's records. Failure of a service member to provide overseas deployment information to the hiring, licensing, permitting, or certifying authority shall have no effect on the automatic extension of the license, permit, or certification or its renewal as provided in this section. No hiring, licensing, permitting, or certifying agency shall take any adverse action with regard to the renewal of the license, permit, or certification of a service member who has been the subject of an overseas deployment and who has not notified the agency of the overseas deployment. (5) This section shall not apply to a motor vehicle or motorcycle operator's license issued under KRS Chapter 186, a motor vehicle registration issued under KRS Chapter 186, or a commercial driver's license issued under KRS Chapter 281A. (6) A license to carry a concealed deadly weapon issued pursuant to KRS 237.110 shall not be extended beyond its expiration date. However, a service member specified in subsection (1) of this section may: (a) Renew a license issued pursuant to KRS 237.110 by requesting an application form from the Department of Kentucky State Police by mail or facsimile, and returning the completed application, photograph, and license fee to the sheriff prior to the expiration date of the license. The request for the application may be submitted not more than six (6) months prior to the expiration date of the license. The Department of Kentucky State Police shall, if the applicant meets the requirements of KRS 237.110, mail the new license directly to the applicant at the active duty military address specified by the applicant and shall send notification to the sheriff who sent in the application that the license has been sent directly to the applicant. No extra charges shall be made for this service; or (b) Permit the license to expire and, upon return to the county of residence, apply for renewal of the license in the same manner as if the license had been renewed in a timely manner prior to its expiration without any extra fees or penalty charges if the renewal is accomplished within one (1) year after the end of the deployment. (7) The Department of Kentucky State Police shall promulgate administrative regulations to implement the provisions of subsection (6) of this section. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 12, sec. 1, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 2, sec. 2, effective July 15, 2008. -- Created 2005 Ky. Acts ch. 49, sec. 1, effective June 20, 2005.

KRS 36.470 Military family assistance trust fund

36.470. Military family assistance trust fund (1) The military family assistance trust fund is created as a separate revolving fund. The trust fund shall consist of grants, contributions, appropriations, or other moneys made available for the purpose of the trust fund. (2) Trust fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year. (3) Any interest earnings of the trust fund shall become a part of the trust fund and shall not lapse. Effective: April 25, 2006 History: Created 2006 Ky. Acts ch. 252, Pt. XXVIII, sec. 1, effective April 25, 2006.

KRS 36.472 Military family assistance trust fund board -- Membership -- Terms -- Meetings

36.472. Military family assistance trust fund board -- Membership -- Terms -- Meetings (1) (a) The military family assistance trust fund board is hereby created for the purpose of administering the trust fund created under KRS 36.470. The board shall be attached to the Department of Military Affairs for administrative purposes. The board shall be composed of seven (7) members as follows: 1. Four (4) members, expert in military family matters, at least one (1) of whom shall be a member of the Kentucky National Guard, appointed by the Governor; 2. One (1) member, expert in military family matters, appointed by the President of the Senate; 3. One (1) member, expert in military family matters, appointed by the Speaker of the House of Representatives; and 4. The adjutant general, who shall serve as a nonvoting member. (b) Appointments referred to in paragraph (a) of this subsection shall be made within sixty (60) days of April 25, 2006. (2) The adjutant general, or a majority of the board members, shall arrange for the first board meeting as soon as possible after all board members are appointed, but no later than June 15, 2006. (3) Appointed board members shall serve without compensation but may receive reimbursement for their actual and necessary expenses incurred in the performance of their duties. (4) The term of each appointed member shall be four (4) years, except any person serving on the board prior to July 15, 2012, shall serve until the expiration of his or her current term. The subsequent appointments shall be for terms as follows: (a) The Governor shall appoint two (2) members to a term of two (2) years and two (2) members to a term of three (3) years; the President of the Senate and the Speaker of the House of Representatives shall each appoint one (1) member to a term of four (4) years; and (b) Upon expiration of the terms established in paragraph (a) of this subsection, all appointments shall be for a term of four (4) years. (5) An appointed member whose term has expired may continue to serve until a successor is appointed and qualifies. A member who is appointed to an unexpired term shall serve the rest of the term and until a successor is appointed and qualifies. A member may serve two (2) consecutive four (4) year terms and shall not be reappointed for four (4) years after the completion of those terms. (6) A majority of the full membership of the board shall constitute a quorum. (7) (a) Except as provided in paragraph (b) of this subsection, at the first meeting, the board shall elect, by majority vote, a president who shall preside at all meetings and coordinate the functions and activities of the board. The president shall be elected or reelected each calendar year thereafter. (b) The adjutant general shall not serve as the president of the board. (8) The board shall meet at least two (2) times annually but may meet more frequently, as deemed necessary, subject to call by the president or by request of a majority of the board members. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 87, sec. 1, effective July 12, 2012. -- Created 2006 Ky. Acts ch. 252, Pt. XXVIII, sec. 2, effective April 25, 2006.

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

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 who 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 Guard 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 awards 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 assistance 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, enhance administrative efficiency and limit the dollar amount that a person may receive in grants per twelve (12) month period. Effective: April 4, 2024 History: Amended 2024 Ky. Acts ch. 59, sec. 1, effective April 4, 2024. -- Amended 2022 Ky. Acts ch. 171, sec. 1, effective July 14, 2022. -- Amended 2012 Ky. Acts ch. 7, sec. 2, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 138, sec. 1, effective July 15, 2010. -- Created 2006 Ky. Acts ch. 252, Pt. XXVIII, sec. 3, effective April 25, 2006.

KRS 36.476 Annual report by board

36.476. Annual report by board Each year between August 15 and September 1, the military family assistance trust fund board shall provide a written report to the Governor, the Legislative Research Commission, and the Interim Joint Committee on Seniors, Veterans, Military Affairs, and Public Protection. The written report shall provide: (1) The board's activities during the previous fiscal year; (2) What moneys were spent out of the military family assistance trust fund for what purposes; (3) The amount of money left in the fund; and (4) Any recommendations for future initiatives with regard to the trust fund and its administration. Effective: April 25, 2006 History: Created 2006 Ky. Acts ch. 252, Pt. XXVIII, sec. 4, effective April 25, 2006.

KRS 36.477 Kentucky National Guard Adoption Assistance Program

36.477. Kentucky National Guard Adoption Assistance Program (1) There is hereby established the Kentucky National Guard Adoption Assistance Program to be administered by the Kentucky Department of Military Affairs. (2) Any current or former member of the Kentucky National Guard who finalizes a legal adoption procedure for the adoption of a child shall be eligible to receive reimbursement from the military family assistance trust fund as provided in KRS 36.474 for actual costs associated with the adoption of the child, including a child with special needs. For the purposes of this section, a child with special needs means the same as defined in KRS 199.555(1). (3) The eligible current or former member of the Kentucky National Guard shall receive: (a) Up to seven thousand dollars ($7,000) in unreimbursed direct costs related to the adoption of a child with special needs; or (b) Up to five thousand dollars ($5,000) in unreimbursed direct costs related to the adoption of any other child. (4) Unreimbursed direct costs related to the adoption of a child with special needs or other child shall include: (a) Licensed adoption agency fees; (b) Legal fees; (c) Medical costs; (d) Court costs; and (e) Other fees or costs associated with the child adoption in accordance with state and federal law and after review and approval by the court at the finalization of the adoption. (5) Application for financial assistance shall be made by submitting a completed Kentucky National Guard adoption assistance application to the adjutant general along with documentary evidence of: (a) Finalization of the adoption; and (b) Certification by the secretary of the Cabinet for Health and Family Services that the adopted child is a child with special needs, if reimbursement for special needs adoption is sought. (6) If both adoptive parents are current or former members of the Kentucky National Guard, the application for financial assistance shall be made jointly and the amount of reimbursement shall be limited to that specified in this section. (7) Upon approval of the application for financial assistance, the adjutant general shall dispense funds from the military family assistance trust fund to the eligible applicant. (8) The Department of Military Affairs shall promulgate administrative regulations in accordance with KRS Chapter 13A to carry out the provisions of this section. Effective: April 4, 2024 History: Amended 2024 Ky. Acts ch. 59, sec. 2, effective April 4, 2024. -- Amended 2021 Ky. Acts ch. 19, sec. 1, effective March 15, 2021. -- Created 2012 Ky. Acts ch. 7, sec. 1, effective July 12, 2012.

KRS 36.478 Repealed, 2007

36.478. Repealed, 2007 Catchline at repeal: "Mission: Welcome Home" Program. History: Repealed 2007 Ky. Acts ch. 55, sec. 3, effective June 26, 2007. -- Created 2006 Ky. Acts ch. 252, Pt. XXVIII, sec. 5, effective April 25, 2006.

KRS 36.480 Web publication of information and links to assist military spouses with credentialing

36.480. Web publication of information and links to assist military spouses with credentialing The Kentucky Department of Military Affairs shall publish and periodically update information on its Web site to assist military spouses in obtaining professional and occupational licenses, certificates, registrations, permits, and other credentials. At a minimum, the department's Web site shall provide links to relevant Department of Defense and Kentucky state agency Web sites. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 55, sec. 2, effective June 26, 2007. -- Created 2006 Ky. Acts ch. 252, Pt. XXVIII, sec. 6, effective April 25, 2006. Legislative Research Commission Note (6/26/2007). A manifest clerical or typographical error in this section has been corrected by the Reviser of Statutes under the authority of KRS 7.136.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37187Fetched: 10/20/2026

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