Public employees and officers: state; legal authority of an attorney general opinion; clarify. Amends sec. 32 of 1846 RS 12 (MCL 14.32).
Summary
House Bill 5712 amends section 32 of Michigan’s Revised Statutes governing the duties of the attorney general. The bill keeps the existing requirement that the attorney general provide legal opinions when requested by the legislature, either house, the governor, the auditor general, the treasurer, or other state officers, but it clarifies that those opinions are advisory only and do not have legal authority. It also retains the attorney general’s duty to notify the appropriate county treasurer if a prosecuting attorney neglects or refuses to file the annual report required by law.
In practical terms, the bill is a statutory clarification about the weight of attorney general opinions. It does not create a new program or change who may request opinions; instead, it explicitly states that such opinions do not have binding legal force. The measure also preserves an existing reporting-enforcement function involving prosecuting attorneys and county treasurers.
Impact
The bill would amend MCL 14.32, the statute defining certain duties of the attorney general, by codifying that attorney general opinions are advisory and lack legal authority. This clarification could affect how state agencies, officers, and courts treat AG opinions, reinforcing that they are persuasive guidance rather than binding law. The bill leaves intact the attorney general’s duty to issue opinions on legal questions submitted by specified state officials and to notify county treasurers about prosecuting attorneys’ failure to file required annual reports.
Sentiment
Based on the bill caption and text, the measure appears largely technical and clarifying rather than controversial. There is no recorded committee testimony or vote history in the provided materials, so no direct evidence of support or opposition is available. The overall tone of the bill is administrative and focused on clarifying existing law.
Contention
The main point of potential contention is the legal effect of attorney general opinions. By stating that such opinions are advisory and have no legal authority, the bill could be seen as limiting the practical influence of the attorney general’s interpretations on state agencies and officials. Any disagreement would likely center on whether this clarification merely reflects existing practice or whether it meaningfully reduces the persuasive or operational weight of AG opinions.
Public employees and officers: state; discretion of the attorney general to intervene in certain matters; modify. Amends sec. 28 of 1846 RS 12 (MCL 14.28).
Public employees and officers: state; ability of the attorney general to bring an action in certain courts; modify. Repeals sec. 2 of 1919 PA 232 (MCL 14.102).
Amends and adds to existing law to remove a provision regarding violations of the open meetings law by county officers, to authorize investigations and actions against city officers by the attorney general, and to provide for duties of the attorney general.
Public employees and officers: other; legislative approval for governor to travel overseas; require. Amends 1846 RS 12 (MCL 10.2 - 15.39) by adding sec. 3.
Relating to selection of an attorney by an indigent parent as attorney ad litem for the parent in certain suits affecting the parent-child relationship.