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. 6897 April 26, 1996 APPROPRIATIONS: Obligation of the Legislature to appropriate sufficient funds to cover the expenses and activities of the State Board for Public Community and Junior Colleges The Legislature does not have an obligation to appropriate funds to cover the necessary and reasonable expenses of members of the State Board of Public Community and Junior Colleges in the exercise of their duties. The Legislature does not have an obligation to appropriate sufficient funds to support the necessary and reasonable activities associated with conducting the business of the State Board for Public Community and Junior Colleges. Richard Crampton Acting Chairperson State Board for Public Community and Junior Colleges Box 30008 Lansing, MI 48909 Your predecessor asked two questions regarding funding of the State Board for Public Community and Junior Colleges. Your first question is: 1. Does the legislature have an obligation to appropriate sufficient funds to cover the necessary and reasonable expenses of board members in the exercise of their duties? Through the 1990-1991 fiscal year, the Legislature annually appropriated a specific amount for per diem payments to members of the State Board for Public Community and Junior Colleges in a separate line item in the Department of Education appropriation act. In 1991, however, the Governor vetoed this line item. See, 1991 PA 126. In his veto message, the Governor stated: My action today: 1. Vetoes the Junior and Community College Board per diem payments. The Board is provided for in the state constitution and the State Board of Education may choose to ask members of the Board to service [sic] voluntarily. 1991 Public and Local Acts of the Legislature of the State of Michigan, p 1259. The Legislature did not override that veto and has not provided any specific appropriations to cover Board expenses since that time. The State Board for Public Community and Junior Colleges is provided for in Const 1963, art 8, s 7, which states in pertinent part as follows: The legislature shall provide by law for a state board for public community and junior colleges which shall advise the state board of education concerning general supervision and planning for such colleges and requests for annual appropriations for their support. [ Emphasis added.] The constitutional provision itself does not address funding of the Board. The use of the term "provide by law" in a constitutional provision means that the Legislature shall do the entire job of implementation. Beech Grove Investment Co v Civil Rights Comm, 380 Mich 405, 418-419; 157 NW2d 213 (1968). The Legislature has provided for the Board in 1964 PA 193, MCL 390.911 et seq; MSA 15.540(1) et seq. Section 4 of that statute addresses compensation of Board members as follows: The officers and members of the state board for public community and junior colleges shall receive compensation for their actual services in amounts fixed by the legislature and also their necessary expenses to be paid by the state treasurer out of the general fund in accordance with general accounting practices of the department of administration. The department of administration shall furnish suitable offices for the board. Since 1991, the Legislature has not fixed any amount for compensation of Board members. Based on a plain reading of section 4, the statute does not create any obligation on the Legislature to appropriate any amount to compensate Board members. Grand Traverse County v Michigan, 450 Mich 457, 464-465; 538 NW2d 1 (1995). The language in the section regarding payment of expenses must similarly be read as merely expressing an intent to appropriate in the future and not as itself an appropriation. Oakland Schools Bd of Education v Superintendent of Public Instruction, 392 Mich 613, 620; 221 NW2d 345 (1974). See also, OAG, 1977-1978, No 5322, pp 523, 528-529 (July 10, 1978), which construed very similar language in a statute establishing the Board of Dentistry as expressing an intent to appropriate. Neither the Governor nor the Legislature may be required to recommend or appropriate any particular dollar amount to assist the State Board of Education in exercising its constitutional authority concerning public higher education. See, OAG, 1979-1980, No 5672, pp 682, 683-684 (March 31, 1980), and authorities cited therein concerning the Legislature's power of the purse. Likewise, here the Legislature is not required to appropriate any particular dollar amount to cover the expenses of the Board. It is my opinion, therefore, in answer to your first question, that the Legislature does not have an obligation to appropriate funds to cover the necessary and reasonable expenses of members of the State Board of Public Community and Junior Colleges in the exercise of their duties. Your second question is: 2. Does the legislature have an obligation to appropriate sufficient funds to support the necessary and reasonable activities associated with conducting board business? The analysis of the first question is equally applicable to your second question. The Legislature is not required to appropriate funds to support the activities of the Board. It is my opinion, therefore, in answer to your second question that the Legislature does not have an obligation to appropriate sufficient funds to support the necessary and reasonable activities associated with conducting the business of the State Board for Public Community and Junior Colleges. Frank J. Kelley Attorney General