Q May a county purchase, using funds from the county general fund or from 911 funds, an emergency weather radio for each household within the county, and then provide the same without charge to each household within the county? If not, may the county purchase emergency weather radios using funds from the county general funds or 911 funds, and resell, at cost, said emergency weather radios to individual households?

A No, the purchase of emergency weather radios by a county to be given to the residents of the county would constitute an unlawful donation. Additionally, the purchase of emergency weather radios is outside the scope of the E-911 law. Emergency weather radios, which the county previously purchased with monies from the general fund and considers to be surplus property may be disposed of by resale in accordance with Section 17-25-25 however, it is the opinion of the Attorney General that a county may not purchase emergency weather radios which are not needed for county use but are purchased for the express purpose of reselling them to county residents for their own private use. (Attorney Generalís Opinion to Shepard, August 7, 2015)