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.
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
Article IV, section 21 of the South Carolina Constitution provides in relevant part:
"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
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).
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"
Petitioner's first argument focuses on the spatial format of the appropriations bill into columns as opposed to lines. Petitioner contends the Governor could veto only lines of an appropriation bill, not columns. This argument appears to be premised on the notion of a Governor's "line item veto." To be sure, the phrase "line item veto" has currency as a colloquial expression, but it is not part of our constitutional framework. Our constitution permits the Governor to veto "items or sections" of bills that appropriate money, but it does not require that these items or sections be organized into lines. Thus, we reject Petitioner's argument and agree with the Governor that the spatial arrangement of numbers on the page does not dictate the definition of an "item."
While we agree that the arrangement of information in a column, rather than in a line, is irrelevant, we disagree with Governor Sanford and Respondent Eckstrom that the column designating the amount of General Funds to be expended was a standalone "item" that could be vetoed without vetoing the objects and purposes to which those General Funds were devoted. The Governor vetoed one source of appropriated
The Governor attempted to veto funds arising from a particular source, but he did not veto the purpose to which those funds were allocated. The net result, then, was that the total appropriation for each of the Board's programs, positions, and expenses was reduced by the amount the General Assembly had designated to be drawn from the General Fund, but the programs, positions, and expenses themselves were not eliminated.
Florida House of Representatives v. Martinez, 555 So.2d 839, 845-46 (Fla.1990) (emphasis in original); see also Stong v. People ex rel. Curran, 74 Colo. 283, 220 P. 999, 1000, 1003 (1923) (holding the Colorado governor "ha[d] no power to veto a portion of a separate, distinct, and indivisible item," and therefore, did not have the power to veto part of a salary while leaving the salaried position intact).
The net effect of Veto 52 was a veto of part of an item, resulting in modification of legislation, which is an unconstitutional exercise of the veto power. Cf. Colorado General Assembly v. Lamm, 704 P.2d 1371, 1384 (Colo.1985) ("[W]e conclude that the source of funding is as much a part of an item of appropriation as the amount of money appropriated and the purpose to which it is to be devoted. It cannot be removed from the bill without affecting the legislature's intendment in enacting the measure."). As correctly stated in Senator McConnell's brief, "[i]f a line in the appropriations bill is vetoed in a constitutional manner and the veto is sustained, then the line is stricken and there is no longer any authority to expend state funds for the purpose stated on the line."
The Governor seeks refuge in the contention that Veto 52 is consistent with the historical practice of South Carolina Governors. Because other Governors have exercised their veto authority in a similar manner, the argument goes, the Court should defer to the historical practice. The Governor's position has ostensible merit, for "[l]ong established practice has great weight in interpreting constitutional provision[s] relative to executive veto power." Coin Operators, 320 S.C. at 188,
We find the Governor's veto of only the General Fund portion of the appropriation to the Budget and Control Board was unconstitutional because it exceeded the authority granted to him by article IV, section 21 of the South Carolina Constitution. The Governor is empowered to veto "items," which comprise both the designated funds and the objects and purposes for which the appropriation is intended. By vetoing only one of several sources of funds, the Governor vetoed only part of an item, rendering the veto unconstitutional. Having declared Veto 52 unconstitutional, we hold the General Assembly's appropriation of General Funds to the Budget and Control Board is effective and has the force of law. We, therefore, need not reach Petitioner's challenge concerning the provisos.
TOAL, C.J., PLEICONES, BEATTY and HEARN, JJ., concur.