Alabama Attorney General Opinion 1979-0212

ADMINISTRATIVE BUILDING SE NORTH UNION STREET MONTGOMERY. 36120 AREA (205). 524-5150 OFFICE OF THE ATTORNEY GENERAL frig- 004 /a LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEICURS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT CHARLESALGRADDRCK ATTORNEY GENERAL STATE OF ALABAMA MAY 3 1 1979 Mr. David L. Burt, Jr. Chairman, Conecuh County Commission Post Office Box 347 Evergreen, AL 36401 Conecuh County - Public Funds - Private Associations County commission may not pay membership dues to private association. Dear Mr. Burt: Your request of April 30, 1979 poses the following question: "Is it legal for the County to pay Associate Membership dues of $250.00 per year to the 'Alabama Utility Contractors Association' in order for our County workers to come under their self funded health insurance plan?" Section.94 of the Constitution of Alabama of 1901, as amended, states in part as follows: "The legislature shall not have power to authorize any county, city, town, or other subdivision et 4 4 4 Mr. David L. Burt, Jr. Chairman, Conecuh County Commission Page 2. of this state to lend its credit, or to grant public money or thing of value in aid of, or to any individual, association, or corporation whatsoever, or to become a stockholder in any such corporation, association, or company by issuing bonds or otherwise." It is stated in 56 Am. Jur. 2nd, Municipal Corporations, §579, that "a state legislature can neither compel nor authorize a municipal corporation to expend any of its funds for a private purpose . . . ." The payment of the membership dues in question involves a private purpose. County officials are permitted to have their membership dues paid by the county for participation in their professional organizations. See 511-1-11, Code of Alabama of 1975. However, they may not have their dues paid for membership in private associations. Such practice would be violative of Section 94 of the Constitution of Alabama of 1901. The stated objection of acquiring health insurance can be accomplished by utilizing the provisions of §11-91-1 through §11-91-6, Code of Alabama of 1975. My reply to your inquiry therefore is in the negative. Sincerely yours, CHARLES A. GRADDICK Attorney General By- , (, / 77JAMES R. SOLOMON, JR. - Assistant Attorney General JRSjr:db