Judges: JOHN ASHCROFT, Attorney General
Filed Date: 1/21/1977
Status: Precedential
Modified Date: 7/5/2016
Mr. Wm. Kenneth Carnes, Director Department of Public Safety P. O. Box 749 Jefferson City, Missouri 65101
Dear Mr. Carnes:
This is in response to the request by your predecessor for an opinion of this office on the following question:
"Whether the Adjutant General may reimburse the United States Government for the value of military property, lost damaged or destroyed, from appropriated funds (MO) available to the Adjutant General, or whether such reimbursement requires a specific appropriation by the General Assembly?"
The answer to your question necessitates, as a preliminary matter, an analysis of the legal relationship which exists between the United States Government and the Adjutant General of Missouri with respect to the military property issued to the Missouri National Guard. We assume that any military property to which you refer is property contemplated by
The law in this state has recognized the principle that when a state enters into a validly authorized contract it binds itself to the performance of that contract just as any private citizen would do by so contracting and cannot invoke any privilege of sovereign immunity. V. S. DiCarlo Construction Company,Incorporated v. State,
Your specific question dealing with the specificity of appropriations from which funds may be spent to reimburse the United States Government for this lost, damaged, or destroyed military property requires an analysis of the specific appropriations for the fiscal year for which such payments are to be made. In this regard, it is clear that every appropriation must specify distinctly the purpose for which moneys are to expended.State ex inf. Danforth v. Merrell,
We believe that an appropriation to reimburse the United States Government for the value of military property lost, damaged, or destroyed must be specific to the extent that there is a clear legislative intent seen in the appropriation legislation which identifies the appropriated funds for the purpose of reimbursement to the United States Government for such property.
It is our view that the Adjutant General may reimburse the United States Government for the value of military property received by the state of Missouri under
Yours very truly,
JOHN ASHCROFT Attorney General