Number 8. October 2. 1974

Number 8. October 2. 1974 Dr. William G. Dwyer, President Board of Regional Community Colleges Custom House Plaza 177 Milk Street Boston, Massachusetts 02109 Dear Dr. Dwyer: I have your request for an opinion as to whether St. 1973, c. 1189, § 1. which amended G. L. c. 15, § 39, must be implemented in the coming fall semester. General Laws, c. 15, § 39 was added by St. 1964, c. 737, § 1, and prior to the enactment of c. 1 189, provided as follows: "Each regional community college may conduct summer sessions, provided such sessions are operated at no expense to the commonwealth. Each regional community college may conduct evening classes, provided such classes are operated at no expense to the commonwealth." The Legislature then enacted St. 1966, c. 601, which, as amended by St. 1968, c. 480, authorized the Department of Education to issue a cer- tificate of exemption from tuition at any state institution of higher educa- tion to Vietnam veterans, under the conditions therein set forth. The apparent conflict between these two statutes was resolved by an opinion of my predecessor that a regional community college could not admit a Vietnam veteran on a tuition-free basis if to do so required the operation of the summer session or evening classes in such manner as to incur ex- pense to the Commonwealth. That opinion stated, however, that Viet- nam veterans could be enrolled in such courses if a sufficient number of tuition-paying students were enrolled therein so that the cost of opera- tion would not be borne by the Commonwealth. 1967 Op. Atty. Gen. p. 174. It is clear that the Legislature intended to remove this limitation on enrollment of Vietnam veterans in such courses by enacting c. 1 189, § 1, which added the following two sentences to G. L. c. 15, § 39: "Vietnam veterans whose service was credited to the commonwealth may attend such summer sessions and eve- ning classes tuition free, if academically qualified. The cost of instruction for each Vietnam veteran who attends such ses- sions and classes shall be borne by the commonwealth." (Emphasis supplied.) The underlined provision unequivocally states that the source for tuition expenses for Vietnam veterans is the Commonwealth (subject to reim- bursement by the veteran if he is eligible for federal funds as reimburse- ment, St. 1973, c. 1189, § 3). General Laws, c. 15, § 32 provides that "the general court shall annually appropriate such sums as it deems necessary for the maintenance, operation and support of each regional community college . . ." By enacting c. 1189, the Legislature has obvi- ously declared such Vietnam veterans' tuition expenses to be "neces- P.D. 12 53 sary" and, accordingly, recourse must be had to the Legislature for ap- propriation of the necessary funds. If insufficient funds are appro- priated, then expenditures from existing appropriations must be made in the manner provided in G. L. c. 15, § 32. It follows that St. 1973, c. 1189 must be implemented in the coming fall semester. Very truly yours, ROBERT H. QUINN Attorney General