HOUSE BILL No. 4924


     September 30, 1999, Introduced by Rep. Richner and referred to the Committee on
Constitutional Law and Ethics.


        A bill to amend 1846 RS 12, entitled

   "Of certain state officers,"

   by amending section 32 (MCL 14.32).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 32.  (1) It  shall be  IS the duty of
             the attorney gen-

 2    eral, when required, to give his OR HER opinion upon all ques-

 3    tions of law submitted to him OR HER by 1 OR MORE OF the

 4    FOLLOWING:

 5         (A) THE legislature  ,  or  by
              either  branch thereof, or

 6     by the  HOUSE OF THE LEGISLATURE.

 7         (B) THE governor.  , 

 8         (C) THE auditor general.  , 

 9         (D) THE STATE treasurer.  or any 

10         (E) ANY other state officer.  , and 




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 1         (2) THE ATTORNEY GENERAL SHALL also  to 
             notify the county

 2    treasurer of the  proper  county  , of the
             neglect or refusal of

 3     any  IN WHICH THE prosecuting attorney NEGLECTS OR
                       REFUSES to

 4    make the annual report to the attorney general required of 
             him 

 5    THE PROSECUTING ATTORNEY by law.

 6         (3) EXCEPT AS PROVIDED IN SUBSECTION (4), AN OPINION ISSUED

 7    BY THE ATTORNEY GENERAL ON A QUESTION OF LAW UNDER SUBSECTION (1)

 8    IS ADVISORY AND NOT BINDING.

 9         (4) AN OPINION ISSUED BY THE ATTORNEY GENERAL ON A QUESTION

10    OF LAW UNDER SUBSECTION (1) IS BINDING ON THE EXECUTIVE BRANCH OF

11    STATE GOVERNMENT ONLY IF A STATE OFFICER REQUESTED THE OPINION ON

12    BEHALF OF A STATE DEPARTMENT OR STATE AGENCY AND THE OPINION

13    RELATES TO THAT STATE DEPARTMENT OR STATE AGENCY OR THE JURISDIC-

14    TION OR ENFORCEMENT AUTHORITY OF THAT STATE DEPARTMENT OR STATE

15    AGENCY.



























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