Jackson v. Sanford

731 S.E.2d 722, 398 S.C. 580, 2011 WL 204816, 2011 S.C. LEXIS 17
CourtSupreme Court of South Carolina
DecidedJanuary 24, 2011
DocketNo. 26918
StatusPublished
Cited by2 cases

This text of 731 S.E.2d 722 (Jackson v. Sanford) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Sanford, 731 S.E.2d 722, 398 S.C. 580, 2011 WL 204816, 2011 S.C. LEXIS 17 (S.C. 2011).

Opinion

Justice KITTREDGE.

Petitioner Darrick Jackson, Mayor of the Town of Timmonsville, brought this action seeking a declaratory judgment in the Court’s original jurisdiction that Governor Sanford’s veto of certain appropriations to the State Budget and Control Board was unconstitutional.1 Petitioner also challenged the Board’s use of certain budget provisos to transfer funds out of the Rural Infrastructure Bank Trust Fund in order to cover the loss of funding that resulted from the veto.2 We find the [583]*583Governor’s veto unconstitutional and therefore do not reach Petitioner’s challenge to the Board’s use of the budget provisos.

I.

The annual appropriations bill for fiscal year 2010-2011 allocated $248,882,042 to the State Budget and Control Board (“the Board”), $25,234,009 of which was to be drawn from the General Fund. Some of the Board’s expenditures were to be financed entirely from the General Fund, while other expenditures were financed using other sources or a combination of sources. The bill set aside the amounts to be drawn from the General Fund in a separate column. In another column, the bill listed the total appropriation for each expenditure, reflecting both General Funds and funds from other sources. The bill did not include separate columns delineating the amounts to be drawn from each of the other sources. See Act No. 291, Part 1A §§ 87-88, 2010 S.C. Acts-(identifying the various sources of funding reflected in the appropriations bill).

In his Veto 52, Governor Sanford purported to veto the entire amount of General Funds appropriated to the Board. In his accompanying veto message, Governor Sanford stated the Board had “over $1 billion in carry-forward funds” and could use “available funds and ... cost-cutting measures” to “sustain [the] agency ... over the next fiscal year.” The House of Representatives sustained this veto.

Following the veto, the Board identified another source for part of the vetoed funds by using flexibility provisos included in the appropriations act. Relying on these provisos for authority, the Board transferred the full balance out of the Rural Infrastructure Bank Trust Fund (approximately $13.3 million) and used that money for “payroll and essential operating costs,” which would have been funded by the General Funds appropriated by the General Assembly.

Petitioner brought this action seeking a declaratory judgment that the Governor’s Veto 52 was invalid and that the [584]*584transfer of funds from the Rural Infrastructure Bank Trust Fund via the provisos was unconstitutional.3

II.

Article IV, section 21 of the South Carolina Constitution provides in relevant part:

Every bill or joint resolution which shall have passed the General Assembly ... shall, before it becomes a law, be presented to the Governor, and if he approves he shall sign it; if not, he shall return it, with his objections, to the house in which it originated, which shall enter the objections at large on its Journal and proceed to reconsider it____
Bills appropriating money out of the Treasury shall specify the objects and purposes for which the same are made, and appropriate to them respectively their several amounts in distinct items and sections. If the Governor shall not approve any one or more of the items or sections contained in any bill appropriating money, but shall approve of the residue thereof, it shall become a law as to the residue in like manner as if he had signed it. The Governor shall then return the bill with his objections to the items or sections of the same not approved by him to the house in which the bill originated, which house shall enter the objections at large upon its Journal and proceed to reconsider so much of the bill as is not approved by the Governor....

“The veto power can be exercised only when clearly authorized by the constitution, and the language conferring it is to be strictly construed.” Drummond v. Beasley, 331 S.C. 559, 564, 503 S.E.2d 455, 457 (1998). The veto power is “a negative power to void a distinct item.” Id.; cf. State ex rel. Long v. Jones, 99 S.C. 89, 92, 82 S.E. 882, 883 (1914) (holding that when a veto was sustained “everything embraced in that [585]*585item failed to become law”). In Drummond v. Beasley, we explained that the Governor may not “modify legislation rather than nullify legislation” by removing conditions and restrictions on expenditures while leaving the expenditures themselves intact. 331 S.C. at 560 n. 1, 563-64, 503 S.E.2d at 456-57. The Florida Supreme Court has explained:

[T]he veto power is intended to be a negative power, the power to nullify ... legislative intent. It is not designed to alter or amend legislative intent.... [T]he veto must, in effect, destroy the fund. Otherwise, the governor could legislate by altering the purpose for which the money was allocated.

Brown v. Firestone, 382 So.2d 654, 664-65 (Fla.1980).

We apply a “common sense construction” when interpreting the General Assembly’s obligation to organize appropriation bills into “distinct items or sections” and when interpreting the power of the Governor to veto such “items or sections.” E.g., S.C. Coin Operators Ass’n v. Beasley, 320 S.C. 183, 187, 464 S.E.2d 103, 105 (1995); Cox v. Bates, 237 S.C. 198, 218-20, 116 S.E.2d 828, 836-37 (1960).

III.

The dispositive question before the Court may be framed in one of two ways, either of which compels a finding of an unconstitutional veto. First, a Governor is constitutionally permitted to veto an item in its entirety, but not partially. Stated differently, we must determine whether Veto 52 was a nullification of legislation or a modification of legislation. Putting these concepts together, the rule of law is that a veto of an item in its entirety is a nullification, while a veto of only part of an item is a modification. If a nullification, Veto 52 is constitutional; if a modification, Veto 52 is unconstitutional.

We begin with defining an “item”4 for constitutional purposes. Our constitution uses the term “item” to embrace a specified sum of money together with the “object and purpose” for which the appropriation is made. S.C. Const, art. IV, § 21. Our case law is in accord. State ex rel. Walker v. [586]*586Derham, 61 S.C. 258, 262, 39 S.E. 379, 380 (1901) (defining the act of appropriation as “to designate some specific sum of money for a particular purpose or individual”). Other jurisdictions have employed similar definitions for the term “item.” E.g., Henry v. Edwards, 346 So.2d 153, 157 (La.1977) (“[T]he word ‘item’ signifies a sum of money dedicated to a specific purpose, a separate fiscal unit.”); Brault v. Holleman, 217 Va. 441, 230 S.E.2d 238, 242 (1976) (defining an item of appropriation as “an indivisible sum of money dedicated to a stated purpose”).

Petitioner’s first argument focuses on the spatial format of the appropriations bill into columns as opposed to lines.

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Bluebook (online)
731 S.E.2d 722, 398 S.C. 580, 2011 WL 204816, 2011 S.C. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-sanford-sc-2011.