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1979 Arizona Attorney General Reports and Opinions 1 (1979)

handle is hein.sag/sagaz0002 and id is 1 raw text is: hl lat Q' u 'Ie a Pr.I )l) Coil n In c3TAT CAPfITOL !ra ri,,i t. .'vr rIo aa 01-3 TT January 0 1979 Sidney B. Drinckerhoff, Director Arizona Historical Society. 949 East Second Street Tucson, Arizona 85719 Re: 179-1 (R78-305) Dear Mr. Brinckerhoff: On September 20, 1978 you requested the opinion of the Attorney General regarding the legality of legislative appro- priations to the Arizona Historical Society.1 The funds in question are appropriated annually to the Arizona Historical Society which disburses them to sixteen county and local historical societies after the latter are cer- tified by the Socicty's Board pursuant to A.R.S. § 41.821.11. In reviewing the applicable legislation, we have concluded that although the appropriation is not facially infirm, the Society is without statutory authority to make grants to county and local historical societies. It is wel1 settled that the purpose of an appropria- tion is to provide money to carry out authorized purposes. But appropriation measures cannot be used to define those pur- poses. Cochise County v. Dandov, 116 Ariz. 53, 567 P.2d 1102 (1977); -Sellers v. Frohmiller, 42 Ariz. 239, 24 P.2d C000 (1:3.3); Atty.Gen.Op. 78-224. Without underlying legislation, the mre appropriation of funds by the L oislatu:e to the Arizona Historical Society cannot authorize the awarding of grants to county and local historical societies. 1 Atta'ohed is a copy of a 1959 Attorney Genera Opinion, No. 59-50, which is the one we believe you re eranced in your request concerning the Arizona Department of Civil Air Control. The conclusion of that opinion is that it is the duty of the Stte Auditor to see that l Stat manic; are expende in conformity with the law of public finance.

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