STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5912

June 2, 1981

APPROPRIATIONS:

Use of funds restricted to disadvantaged persons

WORDS AND PHRASES:

'Oriented' and 'provide'

In making appropriations, the Legislature may attach limiting conditions although such conditions may not invade the constitutional rights and powers of a separate branch of state government.

The provision in the appropriation act for the Michigan Council for the Arts providing that at least 15% of the funds appropriated shall be allocated to organizations, councils, programs and projects 'which are oriented to and provide programs for minorities, handicapped or economically and culturally disadvantaged citizens' requires that such funds be provided to eligible entities to be used solely for those programs and functions.

Honorable Michael D. Hayes

State Representative

The Capitol

Lansing, Michigan

Honorable Robert D. Young

State Senator

The Capitol

Lansing, Michigan

You have requested my opinion on the meaning of certain language pertaining to the Michigan Council for the Arts ⁽¹⁾ appropriation in 1980 PA 376. 1980 PA 376, supra, Sec. 78 provides:

[Emphasis supplied.]

You question whether the underscored portion of 1980 PA 376, Sec. 78, supra, requires that 15 percent of the council appropriation be earmarked for those entities which operate arts programs or provide services exclusively for minorities, handicapped or economically and culturally disadvantaged persons.

In making appropriations, the Legislature may attach limiting conditions although such conditions may not invade the constitutional rights and powers of a separate branch of state government. OAG, 1975-1976, No 4896, p 132, 150 (September 9, 1975), quoting from OAG, 1949-1950, No 999, p 275 (July 8, 1949), and Weinberg v The Regents of the University of Michigan, 97 Mich 246, 254; 56 NW 605, 608 (1893). In interpreting the language of 1980 PA 376, Sec. 78, supra, which attaches conditions upon the council for the arts appropriation, the language therein employed shall be construed and understood according to its common usage. RS 1846, ch 1, Sec. 3a, MCLA 8.3a; MSA 8.212(1). E.G. John v John, 47 Mich App 413; 209 NW2d 536 (1973).

Pertinent to the resolution of your question is the meaning of the clause 'oriented to and provide' which appears in 1980 PA 376, Sec. 78, supra.

The word 'oriented' has not been defined in any reported decision of the courts of Michigan. Webster's Third New International Dictionary defines the adjective 'oriented' as meaning 'directed to' or 'related to.'

In Weckerly v Mona Shores Board of Education, 388 Mich 731, 735; 202 NW2d 777, 779 (1972), the Court discussed the meaning of 'provide' as found in Webster's New Collegiate Dictionary:

With respect to the context of the word 'provide' as used in 1980 PA 376, Sec. 78, supra, the second definition, '[t]o supply for use' most nearly conveys the meaning intended. Id.

Thus, employing the common meaning of the words 'oriented' and 'provide,' the language of 1980 PA 376, Sec. 78, supra, may be paraphrased so as to state that 15 percent of the council's appropriation shall be allocated to entities whose services or programs are 'directed to' or 'related to' and which 'supply' arts programs for minorities, handicapped or economically and culturally disadvantaged persons.

In response to your question, it is my opinion that 1980 PA 376, Sec. 78, supra, requires that 15 percent of the council's appropriated funds shall be provided to eligible entities to be used solely for programs and functions, directed to and related to minorities, handicapped or economically and culturally disadvantaged persons.

It is my further opinion that under 1980 PA 376, Sec. 78, supra, grants from the restricted 15 percent portion of the appropriation may be made to eligible entities controlled by minorities, handicapped or economically or culturally disadvantaged persons, as well as eligible entities which propose to expend the grants solely for the benefit of such persons.

Frank J. Kelley