{"data":{"id":"us-ky/krs-45a.097","jurisdiction":"us-ky","citation":"KRS 45A.097","heading":"Governmental body's acceptance of donation and gifts and consideration","body":"of establishing commemoration, memorial, naming rights, or sponsorships.\n(1) A governmental body may accept donations and gifts from persons or businesses to\nfurther the gover nmental body's mission or to benefit the Commonwealth.\nDonations and gifts shall not be from a prohibited source.\n(2) In exchange for a donation or gift, a governmental body may consider an\naccompanying request for a commemoration or memorial, but all such  requests\ninvolving state property shall be subject to approval by the secretary.\n(3) Except as provided in KRS 45A.095(2)(d), naming rights of structures, buildings, or\nany other physical property owned or operated by the Commonwealth of Kentucky\nshall be competitively awarded pursuant to KRS Chapter 45A and subject to review\nand approval by the secretary. Naming rights shall not constitute an endorsement of\na particular business by the Commonwealth.\n(4) Notwithstanding KRS Chapter 11A, a governmental body  may accept and solicit\nsponsorships from persons and businesses in the following manner:\n(a) A sponsorship shall be for a defined period of time, a specific event, or a\nparticular governmental body purchase or need;\n(b) A governmental body seeking to soli cit a sponsorship shall advertise the\nsponsorship opportunity on its Web site, newsletter, or other written media for\na minimum of seven (7) calendar days. A sponsorship opportunity shall\ndescribe the number of potential sponsorships available, the relativ e\nimportance of price and other evaluation factors used to ensure \"best value\" as\ndefined in KRS 45A.070, and the advertising or similar commercial\nconsiderations available from the Commonwealth for a particular sponsorship\nopportunity;\n(c) The governmental body shall notify the Office of Material and Procurement\nServices in the Office of the Controller of the Finance and Administration\nCabinet by providing copies of its sponsorship opportunity advertisements to\nthe office. If the Office of Procurement Services approves or does not respond\nto the governmental body within one (1) business day of notification, the\ngovernmental body may proceed under this subsection;\n(d) At the end of the advertising period for a sponsorship, all responses shall be\nevaluated in  accordance with the evaluation factors set forth in the\nsponsorship opportunity;\n(e) Written or oral discussions may be conducted with responsible bidders in\naccordance with KRS 45A.085(7);\n(f) A sponsorship shall be awarded to the responsible bidder dete rmined in\nwriting to be most advantageous to the Commonwealth, taking into\nconsideration the evaluation factors set forth in the sponsorship opportunity.\nAll evaluation documentation, scoring, and summary conclusions of the award\nshall be made a part of the file or governmental body record;\n(g) If insufficient eligible responses are received in response to the advertising of\na sponsorship opportunity, and the purchasing officer determines in writing\nthat further bidding would not likely result in additional  responsive proposals\nbeing received by the Commonwealth, then noncompetitive negotiations with\nnonprohibited sources may be used to award contracts for the remaining\nnumber of sponsorships available;\n(h) A sponsorship shall not constitute an endorsement o f a particular business by\nthe Commonwealth as the sole vendor of choice; and\n(i) An entity that is a prohibited source may be considered for a sponsorship\nopportunity only if there is a written finding by the purchasing officer that:\n1. The entity is not lobbying or attempting to influence matters of the\ngovernmental body; and\n2. The sponsorship will provide:\na. A public benefit to the Commonwealth; or\nb. Economic development or enhanced tourism in the\nCommonwealth.\n(5) An entity that is a prohibited source due to its current contractual relationship with a\ngovernmental body may provide conferences or training events for the benefit of the\ngovernmental body only:\n(a) When the entity does not have any interests that might be affected by the\nperformance or nonperformance of the governmental body's official duties;\nand\n(b) The conference or training promotes safety, economic development, or\ntourism in the Commonwealth, or there is otherwise a public benefit to the\nCommonwealth.\n(6) Governmental body employees whose official duties include acceptance or\nsolicitation of donations, gifts, or sponsorships shall not be involved with:\n(a) The solicitation or award of contracts by the governmental body; or\n(b) The noncompetitive neg otiation of naming rights of structures, buildings, or\nany physical property owned or operated by the Commonwealth.","path":["KRS Chapter 45A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47025","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:06Z","sha256":"c4168b638e879eb3b32b9e251664e828be6291798708ba8b5a0cbf85334f01ce","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45a.096","next":"us-ky/krs-45a.100"},"notice":"GroundRules: Original legal text. Not legal advice."}