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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6571 February 22, 1989 APPROPRIATIONS: Second object in appropriation act CONSTITUTIONAL LAW: Const 1963, art 4, Sec. 24--second object in appropriation act 1988 PA 321, Sec. 702(2), which requires the Department of Mental Health to provide to county community health boards without charge space in state facilities, was enacted in violation of Const 1963, art 4, Sec. 24, and is void. Shelby P. Solomon Director Department of Management and Budget Lewis Cass Building Lansing, MI 48909 You have requested my opinion on the following question: Is Sec. 702(2) of 1988 PA 321, the Department of Mental Health appropriation act for the fiscal year ending September 30, 1989, violative of Const 1963, art 4, Sec. 24? 1988 PA 321, Sec. 702(2), requires the Department of Mental Health to provide, at no cost, office space at state facilities to county community mental health boards whose residents are cared for at those facilities: "In order to assist with the implementation of Act No. 117 of the Public Acts of 1986 and to assure that county community mental health boards are able to provide the proper liaison and client services management assistance to county residents of state facilities, the department shall ensure that adequate office space is made available on the grounds of state facilities at no cost to counties whose residents are cared for at those facilities." Const 1963, art 4, Sec. 24, requires that "[n]o law shall embrace more than one object, which shall be expressed in its title." Your inquiry is whether Sec. 702(2) adds a second purpose to 1988 PA 321 in violation of Const 1963, art 4, Sec. 24. The purpose of 1988 PA 321 is set forth in its title: "AN ACT to make appropriations for the department of mental health and certain state purposes related to mental hygiene for the fiscal year ending September 30, 1989; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies." The Legislature may attach conditions concerning the use of funds it appropriates, and the conditions do not add a second purpose to the Act. See OAG, 1987-1988, No 6518, p 324 (May 26, 1988), and OAG, 1987-1988, No 6465, p 190 (September 10, 1987). However, 1988 PA 321, Sec. 702, does not condition the appropriations for the Department of Mental Health's state facility operations on space being made available to county community health boards without charge provide client services to their residents at state facilities. Instead, such a requirement is imposed without being tied to the use of legislatively-appropriated funds, thereby adding a separate second object to 1988 PA 321 that is not expressed in its title. See OAG, 1987-1988, No 6518, supra and OAG, 1979-1980, No 5669, p 665 (March 17, 1980). Consequently, 1988 PA 321, Sec. 702(2), was enacted in violation of Const 1963, art 4, Sec. 24. However, since the Legislature unquestionably would have made the appropriations contained in 1988 PA 321, and the rest of 1988 PA 321 may be effectuated without Sec. 702(2), the remainder of 1988 PA 321 is severable and valid. OAG, 1973-1974, No 4801, p 87, 89 (October 9, 1973); OAG, 1973-1974, No 4824, p 164, 166 (July 24, 1974); and OAG, 1979-1980, No 5669, supra at 668. It is my opinion, therefore, that 1988 PA 321, Sec. 702(2), which requires the Department of Mental Health to provide to county community health boards without charge space in state facilities, was enacted in violation of Const 1963, art 4, Sec. 24, and is void. Frank J. Kelley Attorney General
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