J.Brady - August 17, 2023 - Columbus-Lowndes Convention and Visitors Bureau's Funding of Columbus Cultural Heritage Foundation

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 August 17, 2023 John D. Brady, Esq. Attorney, Columbus-Lowndes Convention and Visitors Bureau Post Office Box 1366 Columbus, Mississippi 39703-1366 Re: Columbus-Lowndes Convention and Visitors Bureau’s Funding of Columbus Cultural Heritage Foundation Dear Mr. Brady: The Office of the Attorney General has received your request for an official opinion. Background The Columbus-Lowndes Convention and Visitors Bureau was created by 2011 Mississippi House Bill No. 1552 (“H.B. 1552”). According to your request, the Columbus Cultural Heritage Foundation, a 501(c)(3) nonprofit corporate entity, owns the Tennessee Williams Welcome Center in Columbus. You state that the Columbus Cultural Heritage Foundation “is tasked with, among other things, the duty and obligation to maintain, repair, and restore the center. In addition, and consistent with its Articles of Incorporation, the Columbus Cultural Heritage Foundation is ‘to foster, promote, encourage and advertise tourism in the Columbus, Mississippi trade area.’” (internal citation omitted). We understand that you are seeking this opinion at the direction of the Mississippi Ethics Commission. Question Presented Does the Columbus-Lowndes Convention and Visitors Bureau have the authority to provide funding to the Columbus Cultural Heritage Foundation, a nonprofit 501(c)(3) historic foundation? Brief Response The Columbus-Lowndes Convention and Visitors Bureau (“CVB”) may provide funding to the Columbus Cultural Heritage Foundation (“CCHF”) for the operation of the Tennessee Williams Welcome Center in Columbus in accordance with H.B. 1552. John D. Brady, Esq. August 17, 2023 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 Applicable Law and Discussion “Public boards created by legislative act have only such powers and authority as are expressly conferred by law, or as arise by necessary implication.” Golding v. Salter, 107 So. 2d 348, 354 (Miss. 1958). Section 2(1)(f) of H.B. 1552 grants the CVB the power “[t]o contribute funds for the operation of any visitor information center in the designated area for the repair, restoration, and maintenance of buildings and grounds owned by governmental entities and nonprofit corporations which would tend to promote tourism, conventions and special events in the city and county . . . .” It is the opinion of this office that H.B. 1552 allows the CVB to provide funding to the CCHF for the operation of the Tennessee Williams Welcome Center in Columbus. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Beebe Garrard Beebe Garrard Special Assistant Attorney General