Object Type: Folder
In Folder: Michigan Attorney General, Opinions, Biennial Reports and Indexes, 1963-2022
A candidate may contribute his own money to a political committee sponsoring the candidacy of several candidates, including the contributor, without being required to list and report such contribution as a campaign expense, it being considered within his rights to make a contribution as an individual. A citizen, not a candidate, may expend his own funds in support of a political campaign or political candidate and it is not unlawful to incur expense or pay the cost of mailing campaign literature, including the cards of political candidates.
A township board is without statutory authority to purchase real estate for use as a township park on an installment contract payable from general funds.
The board of education of a third class school district, which determines that bus transportation equipment is no longer necessary for school purposes, is empowered to sell the same and give proper bills of sale or other instruments passing title under 1955 PA 269, § 113. The board of education of a third cass school district is empowered under 1955 PA 269, § 121 to discontinue bus transportation without vote of the school electors.
Pursuant to 1961 PA 108, the superintendent of public instruction is authorized to qualify general obligation bonds sought to be issued by school districts for the purpose of constructing community college department facilities. The superintendent is without authority to qualify general obligation bonds sought to be issued by a community college district for the purpose of constructing community college faciliies. A community college district is not a "school district."
Probate Court has no authority to operate an institutional facility other than a detention home.
The State Board of Education is without authority to certificate school administrators in the public schools.
Discusses H.B. 346 - a bill relating to industrial development to authorize municipalities to acquire industrial buildings and sites; to provide for the financing of such buildings by the issuance of revenue bonds; to provide the terms and conditions of such bonds and to prescribe the powers and duties of the municipal finance commission.
Discusses Sunday closing law. 1962 PA 128 exempts from its provisions any retail store where food is sold for consumption away from the premises in which are employed not more than two proprietors and one other person at any one time. All of the retail stores where food is sold for consumption away from the premises in Michigan owned and managed by the same person or legal entity which are subject to 1962 PA 128 are deemded a single entity for the purpose of selecting the Saturday or Sunday as the day of refraining from prohibited transactions.
The legislature is authorized by the Revised Constitution to abolish the offices of justice of the peace and circuit court commissioner prior to 1/1/69, the date as of which such offices are otherwise abolished. During this period the compensation payable to those officers shall be as provided by law. The legislature may change the present fee basis either by providing for the payment of salary in lieu of fees or otherwise at any time regardless of the date of their election or appointment. Further legislation would be required in order to provide for the payment of a salary to township justices of the peace.
Discusses whether an election at which the question of dividing a district, under Section 447 of the School Code of 1955, be held in accord with the provision of Chapter 8, Part 2 of the School Code.
The new pharmacy act does not affect the tenure of the board of pharmacy but does affect the tenure of the present directof of drugs and drug stores. After the effective date of 1962 PA 151, the board would have to elect a secretary to replace the director of drugs and drug stores appointed under the former pharmacy act.
Counties are without authority to license nursing homes and homes for the aged caring for less than 4 persons.
Discusses whether 1954 PA 165, the Probate Judges Retirement Act, authorizes the Probate Judges Retirement Board or the executive secretary of said board to transfer moneys from the expense fund of the retirement system to the annuity reserve funds where the balance in the expense fund exceeds anticipated expenses of the retirement system for the current fiscal year.
1963 PA 12, as it amends the provisions of 1939 PA 280, as amended, denies equal protection of the laws to the people of the State of Michigan and is in violation of art 2, § 1, of the Constitution of the State of Michigan and the 14th Amendment to the Constitution of the U.S. The provisions of 1963 PA 12, are nonseverable and the unconstitutional portion of Section 56a demands that the whole act be declared unconstitutional. Manifest intent of the legislature is that 1963 PA 12 is nonseverable.
Unless the elected justice of the peace abandons his residence within the township, there is no vacancy in the office which the township board is authorized to fill by reason of his extended absence or removal "from the township in which he was elected."
A person who is to retire within one year is eligible to take a promotional examination for a position above the rank of patrolman. Civil service commission has a duty to establish an eligible list within a reasonable time after a vacancy occurs in a position in the service which the appointing power intends to fill and for which no eligible list exists.
Supervisor’s intercounty committee is not a juristic entity for purposes of the social security enabling act.
State of Michigan Conservation Department oil and gas leases make no provision for shifting of the tax burden as to severance and privilege taxes to the State for the 1/8 of the oil specified as royalty. A division order cannot make the State liable for severance and privilege taxes when these, by statute, are made the primary responsibility of the producer. The State of Michigan is entitled to receive full 1/8 royalty under its lease without deduction for any taxes.
Discusses extensively the powers and authority of the Civil Rights Commission.
Mackinac Island State Park Commission is without authority to construct and acquire an approved airport upon the state park lands on Mackinac Island. Mackinac Island State Park Commission has no authority to lease state park lands to the City of Mackinac Island for approved airport purposes.
The Mackinac Island State Park Commission is possessed of statutory authority to acquire an approved airport on Mackinac Island subject to determination by the proper Federal authority that such exercise will not affect the title of the state to the land to be used for airport purposes.
The provisions of Const 1963, art 4, § 6, relating to the organization and functions of the Commission on Legislative Apportionment do not go into effect prior to 1/1/64, being the effective date of the new Constitution, and the secretary of state has no responsibility to issue a call for the purpose of convening a Commission on Legislative Apportionment during 1963. Meaning of the words "date of adoption" as they appear in Const 1963, art 4, § 6, discussed and applied in determining the establishment of the Commission on Legislative Apportionment.
An intermediate school district, as successor to a county school district voting to come under sections 309 through 327 of the School Code of 1955 to provide special education, is not required to vote on the same question again in order to be subject to sections 307 through 324 of the School Code of 1955 as added by 1962 PA 190.
In the event of the death of an owner of one or more vehicles, the total value of which does not exceed $1,500.00 and where there is no other property necessitating the procuring of letters of administration, or letters testamentary, the secretary of state shall furnish certificate of title to surviving husband or wife, or next of kin, when proper petition and affidavit is furnished to him.
Insurance coverage can be considered for purpose of determining "wages" within the meaning of 1931 PA 328, § 556, as amended.
