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2012 Kansas Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagks0035 and id is 1 raw text is: STATE OF KANSAS
OpFric OF THE ATTORNEY GENERAL

MEMONAL HALL
120 SW ITH AVE. 2iD FLOOR
TCMEA, KS 66612-1597
(785) 296-2215 * FAX (785) 296-6296
WWW.K&G.RG

January 18, 2012
ATTORNEY GENERAL OPINION NO. 2012- 1
The Honorable Bill Feuerborn
State Representative, Fifth District
1600 Park Road
Garnett, Kansas 66032
Re:       Constitution of the State of Kansas-Legislative-Approval of Bills;
Vetoes; Governor's Line-item Veto Power

The Governor's use of the line-item veto to excise the questioned proviso
within Section 175 of 2011 Senate Substitute for House Bill 2014 does not
exceed the authority granted to the Governor under Article 2, Section
14(b) of the Constitution of the State of Kansas. Cited herein: Kan.
Const., Art. 2, Section 14; K.S.A. 45-307; L. 2011, Ch. 118.

Dear Representative Feuerborn:
As Representative for the Fifth District, you ask for our opinion on whether the
Governor's line-item veto of a portion of Section 175 of 2011 Senate Substitute for
House Bill 20141 exceeds the authority granted to the Governor under Article 2, Section
14(b) of the Constitution of the State of Kansas. The bill was enrolled and presented to
the Governor on May 20, 2011.2 The Governor approved the bill on June 1, 2011,
except for the line-item veto of Sections 26, 108(e), 108(f) & 115(a); and portions of
Sections 111 a), 143(a), and 175.3 The bill, absent these provisions, took effect on
June 9, 2011.
Section 175 of 2011 Senate Substitute for House Bill 2014 states:
1 L. 2011, Ch. 118, also known as the Omnibus Appropriations Act of 2011.
2 2011 Journal of the House 1668.
3 2011 Journal of the House 1662.
4 L. 2011, Ch. 118, Section 175; Kan. Reg., Vol. 30, No. 23, 755, 849 (June 9, 2011).

DEREK SCHMIDT
ArT0ANEV GFX MRL

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