STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5495

June 6, 1979

COUNTIES:

Financial liability for county residents served in a state hospital or a state developmental career

MENTAL HEALTH CODE:

Financial liability of counties for county residents served in a state hospital or a state developmental center

The fact that a county has discharged its financial liability with respect to persons who are currently in state hospitals and centers or who may in the future be readmitted to such hospitals and centers under the provisions of 1923 PA 151 does not affect the financial liability imposed by section 302 of the Mental Health Code upon the county for those same persons.

Mr. Gerald H. Miller

Director

Department of Management and Budget

Lewis Cass Building

Lansing, Michigan 48909

You have requested my opinion on the issue of financial liability of counties for county residents served in state hospitals and state developmental centers. This issue has been raised because 1923 PA 151, Sec. 11 provided, inter alia:

1923 PA 151 was repealed by 1974 PA 258, Sec. 1106 of the Mental Health Code; MCLA 330.2106; MSA 14.800(1106). Section 302 of the Mental Health Code, however, makes the following provisions for county financial liability:

You state that the department of mental health estimates that 6,554 persons in state hospitals or state developmental centers on the effect date of 1974 PA 258, Sec. 302, supra, had been residents therein (not necessarily continuously) for one year or more. You note that as to those persons, the counties have discharged their financial liability under the provisions of 1923 PA 151, as they may have with respect to other individuals who may be re-admitted to state hospitals and centers.

You ask whether under the provisions of Sec. 302, supra, the counties of residence are financially liable for individuals in state hospitals and in state developmental centers, or who may be re-admitted to state hospitals and state developmental centers, when the county has previously met its financial liability under the provisions of 1923 PA 151 by paying for the care and maintenance of such individuals for a period of one year?

In Washington-Detroit Theater Co v Moore, 249 Mich 673, 680; 229 NW 618, 620 (1930), the court ruled upon the sovereign power of the legislature as follows:

'The legislative power is the authority to make, alter, amend, and repeal laws. . . . In this State, it is co-extensive with that of the parliament of England, save as limited and restrained by the State and Federal Constitutions. . . . One legislature cannot limit or restrict the power of its successor. . . .' Harsha v Detroit, 261 Mich 586, 590; 246 NW 849 (1933) (citations omitted).

Const 1963, art 7, Sec. 1, provides:

In commenting upon the comparable provision of the 1908 Constitution in Wright v Bartz, 339 Mich 55, 60; 62 NW2d 458 (1954), the court said:

There are numerous Michigan cases that recognize the power of the legislature to impose financial costs or financial liability upon counties. Two of the more recent cases are Resist v Bay Circuit Judge, 396 Mich 326; 241 NW2d 55 (1976), (payment of attorney fees and transcript for an indigent parent for an appeal from a decision of a probate court terminating parental rights), and McLachlan v Secretary of State, 396 Mich 365; 240 NW2d 472 (1976), (order) (payment of local units of government for the cost of a legislatively mandated presidential primary). ⁽¹⁾

By the enactment of 1923 PA 151, the legislature imposed upon the counties a limited financial liability for the care and maintenance of mentally diseased persons admitted to state institutions. This liability was imposed pursuant to the legislature's authority to make law. Pursuant to the same power, the legislature enacted the Mental Health Code, supra, which voided the county's financial liability under 1923 PA 151 and imposed a new financial liability. Neither the State nor Federal constitutions restrained the financial liability imposed upon counties by 1923 PA 151; nor did the State and Federal Constitutions restrain the imposition of the financial liability imposed by 1974 PA 258, Sec. 302, supra.

It is therefore my opinion that the fact that a county had discharged its financial liability under the provisions of 1923 PA 151 with respect to persons who are currently in state hospitals and centers, or who may in the future be re-admitted to such hospitals and centers, does not affect the financial liability imposed by 1974 PA 258, Sec. 302, supra, for those same persons.

Frank J. Kelley