Object Type: Folder
In Folder: Michigan Attorney General, Opinions, Biennial Reports and Indexes, 1963-2022
A licensed optometrist or ophthalmologist who examines the eyes of a patient, prescribes lenses for and furnishes the lenses as part of his contract for professional services is not subject to the provisions of the Michigan Sales Tax Act, the furnishing of lenses not being a sale of tangible personal property.
The Michigan Corporation and Securities Commission may not issue a certificate of authority pursuant to 1931 PA 326, as amended, to an Ohio corporation, seeking to be admitted into Michigan for the purpose of entering a partnership.
A township supervisor and the assessing officer of each city or village is authorized under section 39 of the General Property Tax Law to add to the amount of taxes to be raised not more than 1% for the purpose of avoiding fractions in computation. The amount resulting, where this procedure is employed, is known as "the excess of roll levy." A city treasurer has no authority to add to the amount of taxes to be collected by him an additional sum as an excess levy since section 39 of the General Property Tax Law does not apply to the collection of taxes by the city treasurer.
State colleges and universities are required to comply with the provisions of a statute enacted to protect the public health and safety. State colleges and universities are subject to the provision of the Michigan Boiler Act.
Where a home rule city adopts 1935 PA 78, the provision of the act becomes a part of the charter, and the city is without authority to adopt an ordinance providing for special policemen outside of civil service. An ordinance that would grant full power of arrest and authority upon special policemen, paid and controlled by a private employer to enforce all laws in a particular area of a home rule city is against public policy and is illegal.
A member of a board of education of any school district may not serve as director of a bank which is a depository for school district funds or which in any way contracts with the board of education.
Neither a county drainage district nor an inter-county drainage district is a political subdivision or an instrumentality of the State or a juristic entity. Employees, if any, of a drainage district are not eligible for coverage under the Social Security Act. A drainage district comprises an area of land which will be drained and benefited by the construction of a drain, and the boundaries of the district are initially fixed by the survey made at the time that the route and type of construction of the proposed drain are determined.
Board of education of a school district of the third class may erect a stone or brick school building on a site to which it has acquired title in fee, free from any valid oil, gas or mineral or surface rights of any kind.
Professional engineers who perform services as independent contractors for the federal government on property which is not federally owned under exclusive jurisdiction must comply with 1937 PA 240, as amended.
A board of education has no authority under existing state law to purchase annunity contracts for employees of the school district.
Discusses whether the Michigan Dept of Conservation can hold anyone responsible for not having a fishing license, if fishing on an inland lake which is classified as being federal water.
State funds may not be used to pay expenses of State Tenure Commission members while attending local school board and teachers association meetings for purposes not related to the commission’s duty to hold hearings and review decisions of local controlling boards. State funds may be used to reimburse State Tenure Commission members for all reasonable expenses necessary to the performance of their duties as a reviewing board.
A petition for initiative or referendum may be circulated anywhere within one county. The heading of the initiatory petition should read "Initiative Measure to be Presented to the Legislature." A petition for the initiation of legislation cannot serve as a petition for referendum should the petition fail to be filed within the constitutional time limit provided for petitions for the initiation of legislation. A petition for referendum may be filed as to an act which has been given immediate effect, except where the act makes appropriations for state institutions or to meet deficiencies in state funds.
Disabled veterans and physically handicapped persons who have been issued a certificate of identification are exempt from liability for meter violations in a city-owned parking lot.
An intermediate board of education may, in its discretion, detach from one school district and attach to another school district all or any part of territory requested by resolution or petition under 1955 PA 269.
Members of the armed forces do not acquire residence in a given community merely by reason of being stationed there. They are not, however, precluded while in service from obtaining a new residence in a community off a federal post. Whether they have abandoned their former residence and acquired a new one is a question of fact to be determined from their actions, as well as their declared intent. Persons living upon a military post under exclusive federal jurisdiction may not by reason thereof obtain residence in this state and the political subdivision in which the post is located. This is true of civilians as well as servicemen.
City may provide for substitution of representation on county board of supervisors by designating mayor pro tempore, who may exercise all powers of supervisor, while acting in such capacity. Under facts stated, designee was effectively designated and acting. Clerk of county, acting as temporary chairman, may adjourn meeting of county board of supervisors from time to time until deadlock in proceedings to elect permanent chairman is broken.
A justice of the peace has county-wide jurisdiction in criminal cases, and can for that purpose hold court anywhere in the county in which he is elected. RJA 6601 does not repeal or otherwise affect such jurisdiction of justices of the peace which is conferred upon them by the code of criminal procedure.
Where a school district borrows money and issues bonds for the purpose of constructing and equipping elementary school buildings, a high school building and purchasing school sites, bond proceeds must be used for those purposes only or be transferred to the debt retirement fund for payment of principal and interest on the aforesaid outstanding bonds. School tax electors are without authority to vote a transfer of bond proceeds to the general operating fund of the school district so long as the bonds are outstanding.
The board of education of a school district is without authority to pay the entire cost of hospitalization insurance for school employees and their dependents. 1955 requires school employees to pay at least a portion of the cost of such insurance.
A person may appeal to circuit court under the provisions of the administrative procedures act a denial, suspension or revocation by the Dept. of L&R of a license to engage in the business of residential builder or contractors. A person may appeal to circuit court under the provisions of the administrative procedures act a denial, suspension or revocation by the Dept. of Licensing and Regulation of a license to engage in the business of real estate broker or salesman.
The office of member of a board of education of a local school district and office of member of an intermediate board of education are incompatible and may not be held simultaneously by the same person.
Discusses nomination and terms of candidates for member of board of trustees of a community college district.
The Michigan Higher Education Authority is without power to impose fees upon students securing loans from financial institutions, which are guaranteed by the Authority under the provisions of 1960 PA 77.
Year books prepared by students and sold to students by schools or other educational institutions not operated for profit are exempt from the sales tax as school books.
