Object Type: Folder
In Folder: Michigan Attorney General, Opinions, Biennial Reports and Indexes, 1963-2022
A millage levied by a district library established under the District Library Establishment Act (DLEA), 1989 PA 24, MCL 397.171 et seq., is not subject to the mill limitations or the 20-year durational limit set forth in article 9, § 6 of the Michigan Constitution. But under section 13 of the DLEA, MCL 397.183, a district library may not levy more than 4 mills and any levy over two mills may be authorized only for a period not to exceed 20 years.
A resident of another state who holds a license to carry a pistol concealed upon his or her person issued by a state other than Michigan is exempt under subsection 12(1)(f), MCL 28.432(1)(f), of the Firearms Act, from obtaining a license to purchase, carry, possess, or transport a pistol as required by section 2, MCL 28.422, of the Act. A Michigan resident who holds a concealed pistol license issued by another state is exempt under subsection 12(1)(f), MCL 28.432(1)(f), of the Firearms Act, from obtaining a license to purchase, carry, possess, or transport a pistol as required by section 2, MCL 28.422, but is not exempt from obtaining a concealed pistol license under section 5b, MCL 28.425b, of the Act, in order to carry a concealed pistol in Michigan.
The Michigan Civil Rights Commission’s Interpretative Statement 2018-1, which concludes that the term “sex” as used in the Elliott-Larsen Civil Rights Act includes sexual orientation and gender identity, is invalid because it conflicts with the original intent of the Legislature as expressed in the plain language of the Act, and as interpreted by Michigan’s courts.
W3OP_HDNOTE, Article 2, § 9 of the Michigan Constitution of 1963 does not prohibit the Legislature from amending a legislatively enacted initiated law during the same legislative session in which the Legislature enacted the initiated law.
Any person who has sufficient personal knowledge of the facts and wrongdoing that forms the basis of the charges supporting removal and can verify the truth of the charges in an affidavit signed by that person, may petition for removal of a township officer under MCL 168.369. While the Legislature’s authority to impeach “civil officers” under article 11, § 7 of the Constitution could be extended by statute to include elected officers of political subdivisions of this State under article 7, § 33, the Legislature has not presently provided for the removal of such officers via impeachment proceedings. While article 11, § 7 of the Constitution requires the Senate to commence an impeachment trial immediately after adjournment of the current session, the Constitution does not require that the trial be concluded before the next session convenes. Const 1963, art 11, § 7. To accommodate an impeachment trial, the Legislature is free to adjust the date it adjourns session as permitted by article 4, § 13 of the Constitution. Const 1963, art 4, § 13.
The Michigan State Housing Development Authority’s Equal Employment Opportunity policy, as applied through its loan agreements with developers, violates article 1, § 26 of the Michigan Constitution, which requires non-discriminatory, equal treatment in public contracting. The Constitution prohibits state instrumentalities, such as the Authority, from using public contracts to mandate that private parties grant preferential treatment to individuals or groups on the basis of race, sex, color, ethnicity, or national origin.
Sections 14d(1), (4) and (5) of 2018 PA 359 violate article 4, § 24 of the Michigan Constitution because the substance of these provisions exceeds the scope of what is generally reflected in the title of 1952 PA 214, as amended by Act 359. Sections 14d(1), (4), and (5) of 2018 PA 359, which are unconstitutional under article 4, § 24 of the Constitution, cannot be severed from the remainder of Act 359 because doing so would be inconsistent with the intent of the Legislature. Any court determination that 2018 PA 359 is unconstitutional would likely apply that decision retroactively, and conclude that the Mackinac Straits Corridor Authority, its Board, and any action taken by the Board are void from their inception.
The Legislature exceeded its constitutional authority under article 2, § 9 and article 12, § 2 of the Michigan Constitution in enacting a 15% signature distribution requirement based on congressional district, and the amendments to MCL 168.471, 168.477, and 168.482(4) are unconstitutional, but may be severed from the remainder of 2018 PA 608. Petitions to initiate legislation or a referendum, and petitions to amend the Constitution, may be circulated on a city-township petition form under MCL 168.482(4), or a countywide form under MCL 168.544d. Subsection 7 of MCL 168.482, and MCL 168.482c, as amended by 2018 PA 608, requiring the disclosure of the paid or voluntary status of petition circulators on the face of a petition, violate the speech clause of the Michigan Constitution and the U.S. Constitution, but may be severed from the remainder of 2018 PA 608. Subsections 1 and 2 of MCL 168.482a, as amended by 2018 PA 608, requiring paid circulators to file an affidavit before circulating petitions, violate the speech clause of the Michigan Constitution and the U.S. Constitution and are unconstitutional, but may be severed from the remainder of 2018 PA 608. Subsection 3 of MCL 168.482a, as amended by 2018 PA 608, requiring the invalidation of signatures on petition sheets containing false or fraudulent information supplied by the circulator, does not violate the speech clause of the Michigan Constitution or the U.S. Constitution. Subsection 4 of MCL 168.482a, as amended by 2018 PA 608, requiring the invalidation of signatures on a petition sheet that do not comply with a mandatory form or content requirement, does not violate the speech clause of the Michigan Constitution or the U.S. Constitution. 2 Subsection 5 of MCL 168.482a, as amended by 2018 PA 608, requiring the invalidation of signatures that were not signed in the presence of the circulator of the petition sheet, does not violate the speech clause of the Michigan Constitution or the U.S. Constitution. Subsection 1 of MCL 168.482b, as amended by 2018 PA 608, providing an approval process for the summary of a ballot proposal, does not violate article 2, § 9 of the Michigan Constitution. The Director of Elections and the Board of State Canvassers are authorized to draft and approve a statement of purpose for a statewide ballot proposal that differs from the summary of the proposal previously approved by the Board under § 482b(1), as amended by 2018 PA 608. Subsection 2 of MCL 168.479, as amended by 2018 PA 608, requiring a person to file a legal challenge regarding a determination as to the sufficiency of an initiative or referendum petition in the Michigan Supreme Court, does not violate article 6, § 4 of the Michigan Constitution. Subsection 2 of MCL 168.479, as amended by 2018 PA 608, requiring the Michigan Supreme Court to accord highest priority to cases challenging the sufficiency of petitions, violates the separation of powers clause of the Michigan Constitution and is unconstitutional, but may be severed from the remainder of 2018 PA 608.
The Michigan State Capitol Commission has the authority to prohibit firearms in the areas under its control, which include the inside of the Capitol building, pursuant to 2013 PA 240, MCL 4.1941 et seq.
The position of executive director of the Automotive Theft Protection Authority is included in the State’s classified service pursuant to Chapter 61 of the Insurance Code of 1956, 1956 PA 218, MCL 500.6101 et seq, and article 11, § 5 of the Constitution. .
The “sex-reassignment surgery” required by MCL 333.2831(c) to change the sex designation on a birth certificate is unconstitutional because it violates an individual’s equal protection rights under the United States and Michigan Constitutions. The “sex-reassignment surgery” required by MCL 333.2831(c) to change the sex designation on a birth certificate may also violate an individual’s due process rights under the United States and Michigan Constitutions .
The Dog Law of 1919, 1919 PA 339, MCL 287.261 et seq., does not authorize a county to adopt an animal control ordinance regulating the keeping of livestock and poultry. The county’s general ordinance-making power of MCL 46.11(j) does not authorize a county board of commissioners to adopt a countywide ordinance regulating the keeping of livestock and poultry on residential land.
The State Tax Commission, taking into consideration the Department of Environment, Great Lakes, and Energy’s findings whether machinery, equipment, or structures are a “facility” under Part 59 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA), MCL 324.5901 et seq., determines both the amount a tax exemption “shall be reduced to the extent of any commercial or productive value derived from any materials captured or recovered by any air pollution control facility” under MCL 324.5902(2), and “the total acquisition cost of the facility entitled to exemption” under MCL 324.5904(3). Whether a cost is an “acquisition cost of the facility entitled to exemption” under MCL 324.5904(3) is a fact-specific inquiry that should be addressed through the administrative application and hearing process established in Part 59 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCL 324.5901 et seq., with the burden of proof on the claimant seeking the exemption, and because the Department of Environment, Great Lakes, and Energy’s guidance document is inconsistent with this principle and is otherwise inaccurate, it should be revised or withdrawn. The Department of Environment, Great Lakes, and Energy’s responsibility to make a finding under MCL 324.5903 and its responsibility to respond to a request for approval from the State Tax Commission under MCL 324.5902(2), refer to different stages of the statutory process created by Part 59 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCL 324.5901 et seq., and the Department’s finding is a necessary precursor to its approval. The State Tax Commission is responsible under Part 59 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCL 324.5901 et seq., for initially determining whether an application is complete and, based on its preliminary review, for communicating with the applicant if more information is needed. The Department of Environment, Great Lakes, and Energy is obligated to inform the Commission when an application the Commission preliminarily found complete is, in fact, incomplete because technical information needed by the Department is missing. The Commission is responsible for informing an applicant that they need to submit the additional information identified by the Department to submit a complete application. The Department may also communicate directly with the applicant.
While the Auditor General may subject the Michigan Bureau of Elections to a performance audit concerning the Bureau’s procedures for conducting post-election audits under MCL 168.31a, article 4, § 53 of Michigan’s Constitution does not authorize the Auditor General to audit county clerks or other local units of government to facilitate his audit of the Bureau of Elections. The Secretary of State, in her role as the Chief Elections Officer, may exercise supervisory authority over local elections officials responding to a request for election records by the Auditor General by issuing directions for the review of such records in order to protect the physical integrity and security of the records consistent with state and federal law. The Secretary of State, in her role as the Chief Elections Officer, may exercise supervisory authority over local elections officials responding to a request for access to voting equipment by the Auditor General by issuing directions that access to voting equipment should not be permitted, given the need to protect the physical integrity and security of the equipment consistent with state and federal law.
Presuming that the Independent Citizens Redistricting Commission’s October 27,2021, closed session was held to discuss memoranda that provided Commission members with certain legal parameters and historical context that should be considered in developing, drafting, and adopting the redistricting plans, then the memoranda must be disclosed under Const 1963, art 4, § 6(9) and the discussion should have been held at an open meeting.
The Americans with Disabilities Act, 42 USC 12131 et. seq., and Rehabilitation Act, MCL 395.81 et. seq., require state and local boards and commissions to provide reasonable accommodations, which could include an option to participate virtually, to qualified individuals with a disability who request an accommodation in order to fully participate as a board or commission member or as a member of the general public in meetings that are required by the Open Meetings Act, MCL 15.261 et. seq., to be held in a place available to the general public.
The Department of Health and Human Services is obligated to register entities that keep or use animals for experimental purposes and must restrict registration to only those entities that conduct animal research in a humane manner as reflected in “standards” that the Department of Health and Human Services must establish. Once the Department of Health and Human Services has established a registration process and standards for the humane use of animals in experimentation, unregistered animal research is prohibited by MCL 333.2676.
