Alabama Attorney General Opinion 1979-0042

# THE ATTORNEY GENERAL STATE OF ALABAMA · MONTGOMERY, ALABAMA 3613 79-00042 CHARLES A. GRADDICK ATTORNEY GENERAL January 26, 1979 File #36 Honorable Walter Owens House of Representatives Chairman, Ways and Means Committee 107 Court Square, West Centreville, Alabama 35042 Alabama Historical Commission Live In A Landmark Council may direct funds appropriated to it for purposes stated in Act No. 823 of the 1978 Legislative Session. Dear Representative Owens: Reference is made to your request for an opinion from the Attorney General as to whether the Live In A Landmark Council has the authority to direct the expenditure of monies appro- priated to the Council under Act No. 597 of the 1978 Regular Session (General Fund Budget). You gave the following information in your letter: Live In a Landmark Council is funded under Item 46, entitled "Alabama Historical Commission," subsection (a)(2). Live In a Landmark Council was created by by Act 1233, 1973 Regular Session; amended by Act 205 of the third Special Session of 1975; and H.J.R. 543 of the Regular Session of 1978 pertains to it. Your question is to be answered in the affirmative. Act No. 1233 of the 1973 Regular Legislative Session creating the Live In A Landmark Council and all acts amending it enacted thereafter stemmed from joint resolutions. It has been stated that a resolution passed by both branches of the Legislature and Honorable Walter Owens January 26, 1979 Page 2 approved by the Governor may have the force of law to accomplish its intended purpose. City of Bangor v. Inhabitants of Etna, 140 Me 85, 34 A. 2d 205. Therefore, the Live In a Landmark Council is established as a valid, legal organization of the State. Act No. 823 of the 1978 Legislative Session (H.J.R. 543) states that the Live In A Landmark Council shall sponsor and distribute technical manuals and materials and "Live In a Landmark" plaques on a cost basis to those who affiliate with the State and regional Live In A Landmark Councils organized pursuant to the acts mentioned herein. It is the opinion of the Attorney General that these are valid expenditures under the laws of this state. Thus the Live In A Landmark Council, a valid organization of the State, may direct the funds appropriated to it for the above-stated purposes. If our office can be of further assistance, please do not hesitate to contact us. Very truly yours, CHARLES A. GRADDICK Attorney General By- LYNDA F. KNIGHT LYNDA F. KNIGHT Assistant Attorney General LFK/aw