Kentucky Administrative Regulations › Title 800 - PUBLIC PROTECTION CABINET › Chapter 1 - General › Section 800 KAR 1:020E - Team Western Kentucky Tornado Relief Fund

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 12.270, 11.065, 39A.180, EO 2021-923, EO
				2021-925
NECESSITY, FUNCTION, AND CONFORMITY: Pursuant to KRS 11.065,
				the Secretary of the Public Protection Cabinet ("Secretary") is a member of the
				Governor's Executive Cabinet and shall, among other things, perform duties the
				Governor may require. To fulfill these duties, under KRS 12.270(2), the
				secretary of each cabinet is authorized to accept and expend funds from any
				public or private source. Executive Order 2021-925 ("Order") requires the
				Public Protection Cabinet ("Cabinet") to establish the Team Western Kentucky
				Tornado Relief Fund ("Fund") to be administered by the Secretary of the Public
				Protection Cabinet. The Order commands that the Fund, consisting of monies
				received from public or private sources, shall be used to provide financial
				assistance to those who are or will be affected due to the severe weather
				events of December 10 and 11, 2021. The Order further requires the Secretary
				establish standards, consistent with the public purpose of the Order to provide
				assistance to impacted Kentuckians, regarding acceptance and expenditure of
				funds based on eligibility and qualifications for assistance provided to a
				recipient. The standards shall include establishing eligibility criteria and a
				process for receiving, adjudicating, and paying requests for assistance from
				the Fund. KRS 39A.180(1) allows political subdivisions of the state and other
				agencies designated or appointed by the Governor to make, amend, and rescind
				orders and promulgate administrative regulations necessary for disaster and
				emergency response purposes. 22 RS HJR 29 extended Executive Orders 2021-923
				and 2021-925 to April 14, 2022.
Section
			 1. Definitions.
(1)
			 "Administrative Purposes" means expenditures that are not direct aid to
			 Kentucky residents affected by the severe weather events of December 10 and 11,
			 2021, including but not limited to overhead expenses of a Qualified Nonprofit
			 Organization.
(2) "Affected
			 Counties" means the Kentucky counties listed in the Federal Emergency
			 Management Agency (FEMA) Disaster Declaration 4630-DR-KY where individuals are
			 eligible for FEMA assistance, including Barren, Caldwell, Christian, Fulton,
			 Graves, Hart, Hickman, Hopkins, Logan, Lyon, Marion, Marshall, Muhlenberg,
			 Ohio, Taylor, and Warren counties.
(3) "Cabinet" means the Kentucky Public
			 Protection Cabinet.
(4) "Fund"
			 means the Team Western Kentucky Tornado Relief Fund, established by Executive
			 Order 2021-925.
(5) "Qualified
			 Nonprofit Organization" means a non-profit organization, entity, or
			 institution, including but not limited to tax-exempt organizations under
			 Internal Revenue Code Section 501(c)(3) or 501(c)(4) and religious
			 organizations.
(6) "Small Business"
			 means any business entity organized for profit, including a sole
			 proprietorship, partnership, limited partnership, corporation, limited
			 liability company, joint venture, association, or cooperative, that:
(a) Had fifty (50) or fewer full-time
			 employees on December 9, 2021;
(b)
			 Is not an affiliate or subsidiary of a larger corporate structure, unless the
			 total number of employees of all the affiliates and subsidiaries within that
			 structure is fifty (50) or fewer;
(c) Had at least one (1) business location in
			 an affected county on December 9, 2021;
(d) Sustained damage to a business location
			 in an affected county or experienced business interruption as a result of the
			 severe weather events of December 10 and 11, 2021;
(e) Is presently in operation or will be in
			 operation; and
(f) Is in good
			 standing with the Kentucky Department of Revenue and the Kentucky Secretary of
			 State.