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. 6708 January 3, 1992 APPROPRIATIONS: Veto of appropriations for Michigan Consumers Council CONSTITUTIONAL LAW: Const 1963, art 5, Secs. 19 and 20--veto of appropriations for Michigan Consumers Council GOVERNOR: Veto power over appropriations for Michigan Consumers Council LEGISLATURE: Appropriations for Michigan Consumers Council The Governor does have the constitutional authority to veto a line item appropriation to the Michigan Consumers Council, a statutorily created entity placed under the general control of the constitutionally recognized Legislative Council. Honorable Dick Posthumus State Senator The Capitol Lansing, Michigan Honorable Fred Dillingham State Senator The Capitol Lansing, Michigan Honorable John Cherry State Senator The Capitol Lansing, Michigan Honorable Lewis N. Dodak State Representative The Capitol Lansing, Michigan Honorable Teola P. Hunter State Representative The Capitol Lansing, Michigan Honorable Tom Alley State Representative The Capitol Lansing, Michigan Honorable Keith Muxlow State Representative The Capitol Lansing, Michigan You have requested my opinion on a question which may be phrased as follows: Does the Governor have the constitutional authority to veto a line item appropriation to the Michigan Consumers Council, a statutorily created entity placed under the general control of the constitutionally recognized Legislative Council? 1991 Enrolled SB 218, inter alia, makes appropriations for the legislative branch of state government for the fiscal year ending September 30, 1992. Among the appropriations made in section 101 of the bill is an appropriation for: LEGISLATIVE COUNCIL Michigan consumers council _______ $469,000 The Governor vetoed the line item appropriation for the consumers council, as well as other items in Enrolled SB 218, and signed the bill on October 11, 1991. It became 1991 PA 114, effective October 11, 1991. Const 1963, art 5, Sec. 19, empowers the Governor to "disapprove any distinct item or items appropriating moneys in any appropriation bill." (Emphasis added.) (1) The term "any" has been construed to mean "every." Attorney General v. Renihan, 184 Mich 272, 279; 151 NW 324 (1915). See also Hopkins v. Sanders, 172 Mich 227, 237; 137 NW 709 (1912). It negates the notion of exclusion. Gibson v. Agricultural Life Ins Co, 282 Mich 282, 289; 276 NW 450 (1937). The authority of the Governor to veto an item of appropriation in any appropriation bill has been held to include the gubernatorial veto of an item for " 'Legislature ... Library of Michigan' " purposes. OAG, 1987-1988, No 6502, p 291 (February 29, 1988). The Legislative Council has been provided for by the people in Const 1963, art 4, Sec. 15, to furnish bill-drafting, research and other services and "[t]he legislature shall appropriate funds" for its operation. Id. The explicit imposition of a duty upon the Legislature to appropriate moneys for the Legislative Council negates any idea of a constitutional continuing appropriation not subject to gubernatorial veto under Const 1963, art 5, Sec. 19. The Legislature established the Michigan Consumers Council by 1966 PA 277, MCL 445.821 et seq; MSA 2.660(1) et seq. The council was placed under the general control of the Legislative Council for budgeting, procurement and related management functions. MCL 445.828; MSA 2.660(8). OAG, 1975-1976, No 4872, p 461, 466 (May 18, 1976), characterized the work of the council as acting "on behalf of the legislature in gathering information to protect and promote the interests of the consumer public." The Michigan Consumers Council, unlike the Legislative Council, is purely a statutory creation of the Legislature. Appropriations for the statutorily created Michigan Consumers Council are subject to the veto power of the Governor under Const 1963, art 5, Sec. 19. It is my opinion, therefore, that the Governor does have the constitutional authority to veto a line item appropriation to the Michigan Consumers Council, a statutorily created entity placed under the general control of the constitutionally recognized Legislative Council. Frank J. Kelley Attorney General (1 Cf Const 1963, art 5, Sec)