Request By:
Denis B. Fleming, Jr.
General Counsel
Cabinet for Economic Development
Capital Plaza Office Tower
Frankfort, Kentucky 40601
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Gerald R. Gerhard, Assistant Attorney General
Re: Whether Bluegrass State Skills Corporation May Assist Private Nonprofit Corporation. AGO Corr. No. 91-M-149.
By letter of January 24, 1991, you ask whether a private nonprofit corporation is eligible, "as a business and industry" within the meaning of KRS 157.710(3), for assistance from the Bluegrass State Skills Corporation (BSSC). Your letter does not describe the nature of assistance that might be contemplated.
In our view, while certain assistance may be provided by the BSSC to a private nonprofit corporation, being a "business and industry" (KRS 157.710(3)) is immaterial to assistance the BSSC may provide.
KRS 157.710(3) is a definitional rather than an empowering provision. No provisions related to the BSSC authorize it to render assistance to an entity because it meets the definition of a "business and industry" as set forth in KRS 157.710(3).
The BSSC is statutorily created by KRS 157.710 through 157.750. Its purpose, as described in KRS 157.720(2), is to
improve and promote the employment opportunities of the citizens of the Commonwealth by creating and expanding programs of skills training and education which meet the needs of business and industry.
In addition to this general statement of purpose, there are specific provisions describing either the nature of the entity to which BSSC can provide assistance, or the nature of assistance that may be provided.
The BSSC may, pursuant to KRS 157.730(9), and 157.740(1), provide assistance in the form of "grants-in-aid" to "educational institutions" as defined in KRS 157.710(5). If a private nonprofit corporation meets the definition of an "educational institution" (KRS 157.710(5)), such entity would be eligible for BSSC assistance in accordance with KRS 157.740.
If a private nonprofit corporation does not meet the definition of an "educational institution, " (KRS 157.710(5)), it would be eligible for assistance from the BSSC only in keeping with KRS 157.730(8), (10), and (11) (below). This is so, irrespective of whether it meets the definition of "business and industry" set forth in KRS 157.710(3).
KRS 157.730(8) provides that the BSSC may disseminate information concerning areas of employment need, and programs of skills training and education. KRS 157.730(10) empowers the BSSC to distribute studies and reports, etc. KRS 157.730(11) empowers the BSSC to organize, conduct, or sponsor special institutes, conferences, demonstrations, and studies to effectuate the purposes of KRS 157.710 to 157.750.
As indicated, there is no legislative grant of authority for the BSSC to provide assistance to a private nonprofit corporation because it is a "business and industry," as defined in KRS 157.710(3). The BSSC may provide grants-in-aid (KRS 157.710(6), 157.730(9), 157.740(1)) to a private nonprofit corporation, if such corporation meets the definition of an educational institution . KRS 157.710(5). Other assistance the BSSC might provide to a private nonprofit corporation would have to conform to KRS 157.730(8), 157.730(10), or 157.730(11), (see discussion above).
Any contention that the BSSC may provide assistance, other than as described above (e.g., based upon the purpose set forth at KRS 157.720(2)), to a private nonprofit corporation, because such entity is a "business and industry" (KRS 157.710(3)), is negated by the specific mechanisms of assistance set forth in KRS 157.730(8), (9), (10), (11), and 157.740(1). Such view is in keeping with the legal maxim "expressio unius est exclusio alterius" - the expression of one thing is the exclusion of another. Cf.,