Alabama Attorney General Opinion 1979-0105

THE ATTORNEY GENERAL CHARLIE!' A. ORADDICK ATTORNEY GENERAL. STATE OF ALABAMA • MONTGOMERY. ALABAMA :6130 March 27, 1979 79-00105 Hon. Robert H. Kirksey Judge of Probate Pickens County Commission P. O. Box 460 Carrollton, AL 35447 COUNTIES -- NON-PROFIT CORPORATIONS Opinion of January 23, 1979 to Charles V. Ford, Probate Judge, Choctaw County, is prospective in application only. Dear Judge Kirksey: I am writing in response to your letter of March 1, 1979, requesting clarification of an opinion issued by this office on January 23, 1979 to Charles V. Ford, Probate Judge of Choctaw County. Your inquiry poses the following questions: 1. Is it permissible for the County Commission to make payment of current scholarship costs on those students who have begun work for a term under the assumption that their fees would be paid by the. County Commission, which the Com- mission has not yet paid; and 2. Is it permissible for the Commission to make payment in the future on scholarship costs for those students who have been awarded scholar- ships and will be continuing their work in future terms; and 3. Is it permissible for the Commission to award such scholarships to additional students in the future? In addition to the above nursing school scholarships, the Commission has been making an annual grant to the Pickens County Hospital Association out of the same sales tax funds, which has been used by the Association to make loans to local students enrolled in medical schools. This annual payment has been made in the summer in recent years, and we request your advice, also, as to the manner in which your ruling of January 23, 1979, might affect these grants and subsequent loans. Sincerely, CHARLES A. GRADDICK ATTORNEY GENERAL By- \ . G. KiNDRICI ASSISTANT ATTORNEY GENERAL Hon. Robert H. Kirksey March 27, 1979 Page 2 Questions No. 1 and No. 2 are answered in the affirmative. It is the opinion of this office that the opinion of January 23 should be pro- spective in application only, and that the County Commission should honor any commitments with regard to scholarships made prior to that opinion. Question No. 3, as well as the question raised by the last paragraph of your letter, are both answered in the negative. As was stated in the opinion to Judge Ford, Section 94 of the Constitution of Alabama of 1901 specifically prohibits the county from lending its credit or granting public money or anything of value to any individual, associa- tion, or corporation. If you have further questions, please do not hesitate to contact this office.