334 Mass. 716 | Mass. | 1956
To the Honorable the Senate of the Commonwealth of Massachusetts:
The Justices of the Supreme Judicial Court respectfully submit these answers to questions set forth in an order of the Senate dated May 9, 1956, and transmitted to us on May 14.
The background is this: Section 3A of c. 131 of the General Laws, inserted by St. 1945, c. 548, § 1, now provides that moneys received by the Commonwealth from fishing and hunting license and permit fees, fines, and from any and all sources pertaining to inland fishing and hunting and sums received by the Commonwealth from the Federal government as reimbursement on account of activities of the division of wild life research and management shall be credited on the books of the Commonwealth to a fund to
“1. Is the proposed bill contrary to the budget and appropriation requirements contained in Article LXIII of the amendments to the constitution and therefore unconstitutional?
“2. Is the delegation by the legislature to the fish and game board of the powers of appropriation, for such purposes as it may desire within certain limits, in violation of Article XXX of the Constitution of the Commonwealth?
“3. Does the proposed bill make a specific appropriation of money from the treasury of the Commonwealth to the fish and game board?
“4. Would the enactment of said proposed bill before final action on the general appropriation bill and without recommendation of the governor violate the provisions of section 3 of said Article LXIII?”
Section 1 of art. 63 of the Amendments to the Constitution reads, “All money received on account of the commonwealth from any source whatsoever shall be paid into the treasury thereof.” Section 2 provides that within three weeks after the convening of the General Court the Governor shall recommend to it “a budget which shall contain a
It is manifest that art. 63 was designed to place the fiscal operations of the Commonwealth as far as possible on a strict budget plan by which all money received on account of the Commonwealth from any source should be paid into its treasury and all proposed expenditures of the Commonwealth should be included in some appropriation bill. Opinion of the Justices, 297 Mass. 577, 580-581. Baker v. Commonwealth, 312 Mass. 490, 493.
In our opinion the money received by the Commonwealth from license fees, fines, permit fees, and other sources pertaining to inland fishing and hunting and sums received from the Federal government as reimbursements — in other words the sums going by G. L. c. 131, § 3A, into the inland fisheries and game fund — is “money received on account of” the Commonwealth which is to be paid into its treasury according to art. 63, § 1, and is to be stated in the budget according to § 2, and to be disbursed under the general or some supplementary or special appropriation bill according to §§ 3 and 4. “Revenues” as used in §§ 2 and 3 is a word of comprehensive signification. It is by no means limited to income derived from taxation or imposts, although some
We do not believe that the statement of the eleven purposes for which money could be expended by the fish and game board “without appropriation” under the proposed act in itself constitutes appropriations sufficient to satisfy art. 63. This statement is not in the form in which appropriations are commonly made, and does not comply with the budget and appropriation requirements contained in c. 29 of the General Laws. See art. 63, § 2, of the Amendments to the Constitution. Number 11 is so general as to include almost anything not previously mentioned which it would be legal for either the division of fisheries and game or the division of wild fife research and management to do. Most important of all, no sums of money are separately designated for any of these purposes; nor is there any total amount for all of them combined. The total would doubtless vary from time to time. We are therefore not required to determine to what extent, if at all, the necessity of annual appropriations can be avoided by standing laws continuing in force from year to year. See Opinion of the Justices, 300 Mass. 630, 636.
The proposed act is not one in which the Commonwealth establishes a system of taxation whereby it collects money primarily for the benefit of the cities and towns and then distributes the money so collected among the cities and towns, as was the case with the income tax collections dealt
We are also of opinion that the proposed act would be an attempt to delegate to the fish and game board powers of appropriation that belong to the General Court, and that it would violate art. 30 of the Declaration of Rights relating to the separation of powers. Opinion of the Justices, 302 Mass. 605, 612-613, 614-616. Baker v. Commonwealth, 312 Mass. 490, 493. Opinion of the Justices, 328 Mass. 674, 675.
We answer questions 1 and 2 “Yes.” We answer question 3 that the proposed bill does not make a valid appropriation unless the designation of $500,000 as a reserve fund, which, so far as we have been able to see, cannot be withdrawn from the treasury without further legislation, can properly be called an appropriation to the fish and game board. We think it is not such an appropriation. Question 4 does not seem to require a separate answer.
Stanley E. Qua.
James J. Ronan.
Raymond S. Wilkins.
John V. Spalding.
Harold P. Williams.
Edward A. Counihan, Jr.
Arthur E. Whittemore.