Honorable David Money
AGO 2019-036
No. 2019-036
Alabama Attorney General Opinion
State of Alabama Office of The Attorney General
July 30, 2019
Chairman,
Henry County Commission 101 Court Square, Suite B Abbeville,
Alabama 36310
County
Commissions - Capital Improvements Fund - Expenditures
-Economic Development - Henry County
The
Henry County Commission shall use capital improvement funds
as authorized by section 11-29-6 of the Code of Alabama.
Dear
Chairman Money:
This
opinion of the Attorney General is issued in response to your
request on behalf of the Henry County Commission.
QUESTION
May the
Henry County Commission expend monies received from the
County Government Capital Improvement Fund for "Capital
Improvements" or "Economic Development Costs"
as defined in section 219.04(11) of the Recompiled
Constitution of Alabama or is the county limited to utilizing
those funds for only purposes enumerated in section 11-29-6
of the Code of Alabama?
FACTS
AND ANALYSIS
Your
request states that the county receives annual distributions
from the County Government Capital Improvement Fund
("Fund") pursuant to section 11-29-6 of the Code of
Alabama. You note that this statute, among other things,
enumerates the limited purposes for which the county may
utilize the monies received from the Fund. Hence, you seek
clarification regarding the appropriate use of these funds
because you believe that both section 11-29-6 as well as
section 219.04(11) of the Recompiled Constitution of Alabama
provide direction regarding their use.
Section
219.02 of the Recompiled Constitution of Alabama created the
Alabama Trust Fund. Ala. Const, art. XI, § 219.02
(amend. 450). Section 219.04 of the Recompiled Constitution
of Alabama authorized distribution of a portion of the
Alabama Trust Fund for use by the counties by establishing
the County and Municipal Government Capital Improvement Fund.
Ala. Const, art. XI, § 219.04 (amend. 666). The
Legislature has authorized the expenditure of the County and
Municipal Government Capital...
