Q May a county-owned nursing home use revenue for a grant, or grants, by the nursing home to assist the county in the layout and construction of restrooms, pavilions, and a community wellness center to be located at a county-owned park?

A Whether the use of nursing home funds would be permissible under Section 41-13-38(2) is a factual determination is a factual determination that can only be made by the nursing home’s board of trustees. Provided the nursing home’s trustees makes the requisite factual determination that the grant will “benefit the health or welfare of the citizens of the service are” of the nursing home, such grant is authorized pursuant to Section 41-13-38(2). The determination should be spread upon the minutes of the trustees and duly adopted by resolution each time a grant or contribution of financial assistance is proposed. (Attorney General’s Opinion to Snell, June 22, 2018)