STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6502

February 29, 1988

APPROPRIATIONS:

Veto of appropriations for Library of Michigan

CONSTITUTIONAL LAW:

Const 1963, art 5, Secs. 19 and 20--Veto of appropriations for Library of Michigan

GOVERNOR:

Veto power over appropriations for Library of Michigan

LEGISLATURE:

Appropriations for Library of Michigan

Const 1963, art 5, Sec. 19 authorizes the Governor to veto line items in appropriations bills presented to the Governor for his approval, including certain line items for 'Legislature . . . Library of Michigan' purposes which were vetoed by the Governor in 1987 PA 131, Sec. 1.

Honorable William Faust

State Senator

The Capitol

Lansing, MI 48909

You have requested my opinion as to whether the Governor was constitutionally authorized to veto two line items from the general appropriation act, 1987 PA 131, Sec. 1. These lines were under the heading 'Legislature . . . Library of Michigan' and designated (1) $250,000 for use in moving the State Library collection to its new location, and (2) $30,000 for genealogical research. You indicate in your letter that the basis for your concern is that the Library of Michigan and the Legislative Council, which acts as the state board in administering the distribution of state aid to libraries, are entities within the legislative branch and that Const 1963, art 5, Sec. 20, prohibits the Governor from reducing expenditures of the legislative branch.

As noted in OAG, 1983-1984, No 6266, p 435 (December 20, 1984), the 'Library of Michigan Act . . . MCL 397.11 et seq; MSA 15.1560(1) et seq, . . . in section 3, created the Library of Michigan within the Legislative Council, a constitutional body consisting of 12 members of the Legislature.' Const 1963, art 4, Sec. 15, and MCL 4.1103; MSA 2.138(103). MCL 397.14(1); MSA 15.1560(4)(1), established a board of trustees of the Library of Michigan 'within the legislative branch of state government.'

The items vetoed were included, as noted above, in SB 122, Sec. 1, an appropriation bill approved by the Governor and enacted into law as 1987 PA 131, effective July 24, 1987.

Line item vetoes by the Governor are authorized by Const 1963, art 5, Sec. 19, which provides, in relevant part:

Thus, Const 1963, art 5, Sec. 19, provides authorization for the Governor to veto line items set forth in an appropriation bill for library operations.

Const 1963, art 5, Sec. 20, on the other hand, provides the procedure to be followed by the Governor and the appropriating committees of the House and the Senate in the event that it appears that actual revenues for a fiscal period will fall below the revenues estimated on which appropriations for that period were based:

As set forth in Const 1963, art 5, Sec. 20, the Governor may not reduce appropriations which have been enacted and signed into law to the legislative and judicial branches, or from funds constitutionally dedicated for specific purposes. This prohibition applies to the appropriations enacted into law for the legislative and judicial branches. Conversely, Const 1963, art 5, Sec. 19, authorizes the Governor's veto of line items in a bill appropriating funds to either the legislative or judicial branches which is presented to the Governor for his approval 'before it becomes law.' Const 1963, art 4, Sec. 33.

It is my opinion, therefore, that Const 1963, art 5, Sec. 19, authorizes the Governor to veto line items in appropriation bills presented to the Governor for his approval, including those line items for the 'Legislature . . . Library of Michigan' purposes which were vetoed by the Governor in 1987 PA 131, Sec. 1.

Frank J. Kelley

Attorney General