4154

VETOES

Dear Governor Hughes:

This is to advise you that we have reviewed for
constitutionality and legal sufficiency House Bill 1568, a bill
which requires the units of the State Government to correct
deficiencies noted in reports of the Legislative Auditor. the
bill would allow the Joint Committee on Budget and Audit to grant
a unit a waiver from compliance with recommendations of the
Auditor in certain circumstances. To the extent the bill imposes
a mandatory duty upon the Executive and Judicial Branches to
comply with recommendations of the Legislative Auditor, we think
the bill would violate Separation of Powers.

Under current law, the Auditor is part of the Legislative
Branch of Government and has the responsibility to inquire into
matters of general performance as well as the purely financial
transactions of the various agencies of the State Government.
Art. 40, Secs. 61A and 61B and see 63 Opinions of the Attorney
General 453, 454 (1978). These provisions of law are carried
forward into the new State Government Article, see Sec. 2-1213,
2-1215 and 2-1216 (Senate Bill 50), which is amended by House
Bill 1568. In view of the Auditor's broad authority to make
performance audits and the fact that the Auditor is part of the
Legislative Branch, it is apparent that requiring units in the
Executive and Judicial Branches to comply with the Auditor's
recommendations would constitute a usurpation of the essential
functions and powers of another branch in violation of the
Separation of Powers Clause, Art. 8, Declaration of Rights. See
letter to the Honorable Catherine I. Riley and the Honorable John
S. Arnick, dated February 9, 1984. Accordingly, we are unable to
approve this bill.

Very truly yours,
Stephen H. Sachs
Attorney General

House Bill No. 1568

AN ACT concerning

Department of Fiscal Services - Audit Compliance

FOR the purpose of requiring State government units to correct
audit deficiencies and to report to the Joint Budget and
Audit Committee and the Comptroller of the Treasury the
corrective action taken; providing for review of the
corrective action by the Committee; providing for a
compliance waiver; requiring the concurrence of the
Comptroller before certain actions are taken by the
Committee; providing that the Comptroller is no longer