Object Type: Folder
In Folder: Michigan Attorney General, Opinions, Biennial Reports and Indexes, 1963-2022
A member of the legislature is prohibited by Art IV, Section 9, of the 1963 Constitution from receiving an appointment, and is disqualified from election to another state office, the term of which is to commence during his term of office as a member of the legislature. Such prohibition or disqualifiction is not applicable to a local office.
The board of education of a school district is authorized in its discretion to pay the entire cost of hospitalization and surgical insurance for school employees and their dependents, and health and accident coverage for school employees only under 1955 PA 617, as amended by 1963 PA 96.
Discusses how many council members have to be present to constitute a quorum.
In order to comply with the various provisions of the Revised Constitution, the first regular election of circuit judges thereunder may not be held prior to the November, 1966 general election.
Discusses transportation of public and nonpublic school students.
The provision authorizing the annexation to a home rule city of property having no electors residing thereon, aside from the petitioners who are required to hold title to more than one-half of the area of the property to be annexed, by resolution of the city council and approval by the township board does not authorize the detachment by such procedure of land from a city.
A county cannot withdraw from a district health department based solely on the action of that county’s board of supervisors’ resolution to withdraw.
Discusses various questions concerning 1963 PA 148 which amends subsection 11 of section 7 of the General Property Tax Law in respect to veterans’ homestead exemptions.
The non-issuance of an operator’s license by the secretary of state pursuant to Section 729 of the Michigan Vehicle Code for the failure of a person to appear before a magistrate does not constitute a denial of said application for purposes of Section 904 of the Michigan Vehicle Code. A person who operates a motor vehicle while the issuance of his license is held in abeyance by the secretary of state because the applicant has failed to answer a notice to appear is chargeable with operating a vehicle without a license.
Discusses whether a parent or other relative who receives aid to dependent children for, in behalf of, and/or by virtue of minor children living in his or her home, is a "poor person" within the meaning of Section 1 of the General Poor Law of 1925, which in part defines a poor person as a person who has some means but is eligible to receive relief or assistance.
The requirements of Const 1963, art 2, § 7, are applicable to every board of canvassers which under statutory or charter provision is charged with the duty of canvassing the votes cast at any election.
In the Saginaw fire department there has been for many years the position of fireman chauffeur with duties including the driving of the fire apparatus. The position is paid a salary greater than that of a fireman because of the added responsibility. Can the city manager do away with the position and make former fireman chauffeurs do fireman chauffeurs’ work at firemen’s pay?
Chattel instruments or financial statements appearing on non-standard size paper may be filed with the filing officer upon tender of the filing fee of $1.00 in accordance with section 9403 of the UCC unless the filing officer declines to accept the documents because they appear on nonstandard size paper. In that event, such documents may be filed upon tender of a filing fee of $1.50 for each paper so filed in accordance with section 9408 of the Uniform Commercial Code with the register of deeds.
A newspaper which qualifies for the publication of legal notices is not deprivated of its qualification as such by the practice of the publisher in combining the news, editorial and advertising content published therein with additional advertising in another publication under a different name, which is distributed separately without charge to all boxholders in the community.
1955 PA 269, as amended, authorizes the consolidation and annexation of noncontiguous school districts upon approval of the superintendent of public instruction and the electors as provided by law.
No more than two members of an intermediate board of education may be from the same local school district, except where there are fewer districts than there are positions to be filled. If a local school district has two members on the intermediate board of education and subsequent annexation of another local school district to it takes place so that three members of the intermediate board of education are from the same local school district, the third member is no longer qualified to serve on the intermediate board of education and his office is vacant.
Discusses power to declare and secure enjoyment of Civil Rights in field of housing. If either the "Open Occupancy Ordinance" or "Property Owners’ Rights Ordinance" of the City of Detroit is adopted, it will be superseded by the Constitution on 1/1/64, the effective date of the Revised Constitution.
A school district, upon resolution of its board of education, may join in the creation of a regional planning commission under 1945 PA 281, as amended. The board of education may use operating funds of school district to support regional planning commission created by it under 1945 PA 281.
Where territory is transferred from school district and appeal to the State Board of Education was duly taken, the transfer is not effective until the State Board of Education acts upon the appeal. Such territory is subject to the assumption of bonded indebtedness of a consolidated school district which is formed by favorable vote prior to the time that the State Board of Education acts upon the appeal.
A justice of the peace going out of office is entitled to fees for taking the complaint and issuing a warrant in cases pending before him which have not been completed because the defendant cannot be located. Said justice of the peace, not having entered the complete case on the docket while in office and not having made and filed a report to the prosecutor or certified the case to other magistrates or courts, is not entitled to fees.
Const 1963, art 2, § 5, requires that the first election of county officers shall be held at the general election in November of 1964. A proposal to amend 1954 PA 116, § 200, to hold the election of county officers at the general election in 1966, is in violation of Const 1963.
The State Commissioner of Health, with the concurrence of the State Council of Health, may promulgate regulations to authorize the examination and treatment of minors for veneral diseases without the consent of the parent or guardian.
The office of judge of a municipal court established pursuant to the Municipal Court Act or the Home Rule Cities Act or the Michigan Uniform Municipal Court Act is a local office for the purposes of nomination and election of the judge and is not a state office within the purview of Const 1963, art 2, § 5.
Discusses when under the new constitution, the new governing boards which are to be appointed by the Governor for Eastern Michigan, Central Michigan, Northern Michigan and Western Michigan Universities presently under the State Board of Education be installed in office and take over the duties of governing these institutions.
Discusses at length reapportionment of congressional district organizations.
