STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6403

December 5, 1986

CONSTITUTIONAL LAW:

Const 1963, art 4, Sec. 30--vote needed to enact appropriation for welfare grants

An appropriation to the Michigan Department of Social Services for the funding of welfare grants to individual recipients is for a public purpose and may be enacted by a majority vote of the members elected to and serving in each house of the Legislature.

Honorable Ed Fredricks

State Senator

The Capitol

Lansing, Michigan

You have requested my opinion on a question which can be phrased as:

Const 1963, art 4, Sec. 30, provides:

What constitutes a public purpose for the expenditure of public money has been left to the determination of the Legislature. Advisory Opinion re Constitutionality of PA 1966, No 346, 380 Mich 554; 158 NW2d 416 (1968). Further, the legislative determination of public purpose will not be reversed by the courts except where the determination is palpably and manifestly arbitrary and incorrect. See, OAG, 1983-1984, No 6225, p 303, 307 (May 7, 1984), and cases cited therein.

The Michigan Supreme Court has upheld the Legislature's determination that appropriations for construction of state roads, MacRae v Shaffer, 89 Mich 463, 466; 50 NW 1091 (1891), administration of the workmen's compensation act Mackin v Detroit-Timkin Axle Company, 187 Mich 8, 24; 153 NW 49 (1915), and for repayment of bonds of the Job Development Authority, Advisory Opinion on Constitutionality of 1975 PA 301, 400 Mich 270, 288; 254 NW2d 528 (1977), all constitute permissible public purposes.

OAG, 1965-1966, No 4435, p 72 (April 26, 1965), concluded that legislation granting relief to eligible senior citizens from the cost of housing in the form of reimbursement to qualified homeowners and renters is for a public purpose.

The Michigan Department of Social Services, a public agency, receives an appropriation from the Legislature to carry out the purposes of the Social Welfare Act. MCL 400.14; MSA 16.414, and MCL 400.18; MSA 16.418. Part of this appropriation consists of monies appropriated for distribution to eligible welfare recipients under various welfare programs. MCL 400.1 et seq; MSA 16.401 et seq.

It is noted that the 1985 Department of Social Services appropriation, Senate Bill 137, was enacted as 1985 PA 117 without a two-thirds vote of either house of the Legislature. 2 SJ 70, p 1553 (1985); HJ No 78, p 1727 (1985). This appropriation includes welfare grant funding.

In the title to the Social Welfare Act, the Legislature stated that the Act was "to protect the welfare of the people of this state; ...." Certainly this language demonstrates that it was the Legislature's determination that the Social Welfare Act, and the accompanying annual appropriations for welfare grants, serve a public purpose.

Research did not reveal any Michigan appellate decisions which considered whether state welfare grants to individuals serve a public or a private purpose. Numerous state courts, however, have held that funding by the state for the relief of the poor serves a public purpose. City and County of San Francisco v Collins, 216 Cal 187; 13 P2d 912 (1932); Jennings v City of St Louis, 332 Mo 173; 58 SW2d 979 (1933); and Bowman v Frost, 289 Ky 826; 158 SW2d 945 (1942). See also, Commonwealth v Liveright, 308 Pa 35; 161 At 697 (1932).

It is my opinion, therefore, that an appropriation to the Michigan Department of Social Services for the funding of welfare grants to individual recipients, pursuant to the Social Welfare Act, is for a public purpose and may be enacted by majority vote of the members elected to and serving in each house of the Legislature.

Frank J. Kelley

Attorney General