Request By:
Billy G. Wellman
Major General, KyNG
The Adjutant General
Department of Military Affairs
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
In your letter of October 23, 1978 you inquire as to whether volunteer rescue squads may purchase equipment under state price contracts. You state that the Division of Disaster and Emergency Services within the Department of Military Affairs has supervision of all programs pertaining to rescue squads under Executive Order 78-356; that some squads are recognized by the fiscal court and provided some funding by the county; that some squads are recognized by a local unit of government but provided no funding; that some squads are non-profit corporations with recognition by local government and fiscal courts sometimes provide financial support.
Under KRS 45.365 local units of government may purchase products under state price contracts. [Note: KRS 45.365 was repealed effective January 1, 1979 by H.B. 675, 1978. After that date there will be no provision for such purchasing. Newly enacted KRS 45A.420 provides for local public agencies to band together by a formal agreement for cooperative purchasing. ] Under this statute purchases made by or through the fiscal court or other local governmental agency can be made on the state price contract.
It is our opinion that a corporation or association making purchases in its own name cannot require the seller to sell under the state price contract regardless of the source of the funds for the purchase.