Could a Louisiana town donate baseball equipment for a summer program for needy children?

Plain-English summary

Plain Dealing considered giving baseball equipment to residents organizing a summer program. The AG said the Louisiana Constitution's public funds restriction had a social welfare exception for aid to the needy. The proposed gift was permissible only if the beneficiaries were identified by objective criteria and the equipment solely benefited needy children, rather than a program merely aimed primarily at them.

The opinion also pointed to La. R. S. 33:4553 as authority for the town to establish a children's baseball program through its recreation framework.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was a program mainly for needy children enough?
The AG said no. The equipment donation had to solely benefit children identified as needy.

How were eligible children to be identified?
The opinion called for objective criteria, without prescribing a particular test.

Could the town establish a recreation program itself?
The AG identified statutory authority to administer recreation through existing bodies or a recreation board.

Background and statutory framework

Article 7, Section 14 of the Louisiana Constitution generally restricted gifts of public property, with an exception for social welfare programs for needy people. The opinion applied that exception and cited La. R. S. 33:4553 for municipal recreation programs.

Citations and references

• Article 7, Section 14A and Section 14B of the Louisiana Constitution: public funds restriction and social welfare exception, as stated in the opinion.
• La. R. S. 33:4553: municipal recreation authority.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0174

Original opinion text

June 13, 2000
OPINION NUMBER 00-174

Honorable David Smith
Mayor
Town of Plain Dealing
P. O. Box 426
Plain Dealing, LA 71064

Dear Mayor Smith:

We received your request for an opinion regarding a summer baseball program for the children of the Town of Plain Dealing. As stated in your request, the Town is considering donating fifteen hundred dollars in baseball equipment to several citizens of the Town to start a summer baseball program primarily for under-privileged children. Your concern is whether or not the Town has authority to make such a donation.

Article 7, Section 14A of the Louisiana Constitution of 1974 expressly prohibits the funds, credit, property, or things of value of the state or any political subdivision thereof from being loaned, pledged, or donated to or for any person, association, or corporation. However, Section 14B specifically authorizes the use of public funds for programs of social welfare for the aid and support of the needy. Our office has consistently opined that there must be some type of objective criteria to properly identify those who are needy. Ops. Atty. Gen. 99-250 and 96-109.

Thus, it is our opinion that the Town of Plain Dealing may donate baseball equipment to its citizens to assist in the establishment of a baseball program for under-privileged children as long as there is some type of objective criteria used to establish those children who are truly needy. Your request indicated that the donation would primarily benefit under- privileged children. Please note that such a donation must solely benefit under-privileged or “needy” children.

We also point out that the Town of Plain Dealing is authorized, pursuant to La. R. S. 33:4553, to develop and administer recreational programs and facilities through the school board, park board or other existing body, or through a playground and recreation board. Thus, a children’s baseball program could be established as part of the Town’s recreational program.

We hope this adequately responds to your request. Should you have any questions or

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Hon. David Smith
OPINION NUMBER 00-174
Page -2-

comments, please do not hesitate to contact our office.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
TINA VICARI GRANT
Assistant Attorney General

RPI:TVG:jv

OPINION NUMBER 00-174

90-A-2 PUBLIC FUNDS - Loan, Pledge, or Grants

Page 3

Hon. David Smith
OPINION NUMBER 00-174
Page -3-

92-A-A RECREATION - Parks, Playgrounds, Playground & Recreational Boards Youth
Programs
Art. 7, Section 14 or the Louisiana Const. Of 1974

The Town of Plain Dealing may donate baseball
equipment to its citizens to assist in the establishment of a baseball program for under-privileged children as long as there is some type of objective criteria used to establish those children who are truly needy.

Honorable David Smith
Mayor
Town of Plain Dealing
P. O. Box 426
Plain Dealing, LA 71064

DATE RECEIVED: 4/26/00
DATE RELEASED: June 13, 2000

TINA VICARI GRANT, ASSISTANT ATTORNEY
GENERAL