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Request By:

Mr. Fred D. Hall
Coordinator, Cooperative Advertising
Department of Public Information
Capitol Annex Building
Frankfort, Kentucky 40601


Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General

This is in reply to your letter stating that the Department of Public Information is appropriated funds to operate a Cooperative Advertising Program. Through this program the department provides financial assistance on the basis of matching funds to non-profit organizations in local communities to promote tourism in those areas.

You refer to KRS 57.375, which provides as follows:

"All public documents printed under this chapter shall indicate the office of the unit preparing the document; in addition, any document distributed without charge shall indicate that the cost of printing was paid from state funds."

It is unclear to you if the above-quoted provision concerning the requirement that documents distributed without charge indicate that the cost of printing was paid from state funds, applies to a non-profit organization receiving matching funds through the Cooperative Advertising Program to print promotional literature. While the organization is receiving state funds you maintain that the publication is the product of the individual local organization.

Chapter 55 of the 1976 Acts (Regular Session) contains the following provision under Part 1, number 18, applicable to the Department of Public Information:

"The sum of $329,700 from the appropriation for the 1976-1977 fiscal year, and $329,700 from the appropriation for the 1977-1978 fiscal year may be used for a cooperative advertising program to encourage and assist local governments and agencies in the promotion of tourist attractions. The department may make matching grants not to exceed fifty percent (50%) of project cost to local governments and agencies for such purpose."

In OAG 70-746, copy enclosed, we discussed a similar appropriation and said in part as follows:

"It is obvious that the purpose of the appropriation is to generate publicizing of Kentucky's tourist industry by the use of state seed money as an inducement for local action. Like other state and Federal matching programs, this one assures responsible and worthwhile participation in the locality where the state funds are to be used by requiring a contribution from local sources. . . ."

While the Department of Public Information is authorized to make matching grants of state funds to local governments and agencies to promote tourist attractions, such promotional programs, whether they consist of the preparation, printing and distribution of literature or some other approach to attract tourists, are local programs of the particular governments and agencies involved. KRS Chapter 57, generally (with the possible exception of KRS 57.285 requiring printing for political subdivisions to be done within such subdivision where practicable), and KRS 57.375, in particular, do not apply to the preparation, printing and free distribution of documents in connection with the basically local programs adopted under the Department of Public Information's Cooperative Advertising Program. KRS 57.375 basically deals with state publication of public documents which have been prepared by a unit of state government and are to be distributed without charge by state government. See OAG 66-641, copy enclosed. In our opinion, local governments and agencies engaged in a tourist promotion program and receiving state matching funds from the Department of Public Information under its Cooperative Advertising Program need not indicate on their printed promotional materials that printing costs have been paid in whole or in part from state funds.

The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Lexis Citation:
1977 Ky. AG LEXIS 763
Cites (Untracked):
  • OAG 66-641

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