Perine, 110818 ALAGO, AGO 2019-6

• Case Date: November 08, 2018
• Court: Alabama

Honorable Charles M. Perine AGO 2019-6 No. 2019-006 Alabama Attorney General Opinion State of Alabama Office of the Attorney General November 8, 2018          Honorable Charles M. Perine          Executive Secretary          Alabama Board of Funeral Service          Post Office Box 309522          Montgomery, Alabama 36130-9522          Funeral Service, Board of -Buildings - Office Space          The Board of Funeral Service has the authority to purchase its own office building or property on which to construct an office building under section 34-13-23(k) of the Code of Alabama.          Dear Mr. Perine:          This opinion of the Attorney General is issued in response to your request on behalf of the Alabama Board of Funeral Service.          QUESTION          Does Alabama law need to be amended to give authority to the Board to purchase a building or property to use as office space?          FACTS AND ANALYSIS          Your request states that the Board of Funeral Service ("Board") wants to purchase an office building or property on which to construct an office building. Section 34-13-23 of the Code of Alabama addresses procedural rules and regulations of the Board as well as how the Board can dispose of its funds. Ala. Code § 34-13-23 (Supp. 2016). Section 34-13-23 reads, in part, as follows:

(h) All fees and fines received under this chapter shall be paid into a special fund in the State Treasury to be known as the Alabama State Funeral Directors and Embalmers Fund, which is hereby created, for the necessary and proper expenses of the board, and for a reasonable reserve for future use by the board. All moneys in the fund are hereby appropriated, as a continuing appropriation, to the board to be used for carrying out this chapter.

(k) The board may employ clerical assistants and employees or other help as necessary to carry out this chapter, and the terms and conditions of employment shall be determined by the board. The board may establish and equip an office from which this chapter may be carried out.

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