The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5540

August 13, 1979

HIGHWAYS:

Measurement of snowfall for grants to counties, cities and villages

COUNTIES:

Measurement of snowfall for grants

CITIES:

Measurement of snowfall for grants

VILLAGES:

Measurement of snowfall for grants

The department of transportation may not establish a different method for measuring snowfall other than as determined by the United States weather bureau for purposes of making grants to cities and villages.

Honorable Ernest W. Nash

State Representative

The Capitol

Lansing, Michigan 48909

By letter you invite my attention to 1978 PA 444 which amended 1951 PA 51, MCLA 247.651 et seq; MSA 9.1097(1) et seq. Your concern is with 1951 PA 51, supra, Sec. 12a, as last amended by 1978 PA 444, which established a formula for distribution of moneys to counties for snow removal purposes. Involved in the formula is 'measured snowfall' in excess of 80 inches as determined by the United States weather bureau. In addition, you refer to amendatory language in 1978 PA 444 to 1951 PA 51, supra, Sec. 13, which establishes a formula for distribution of funds to cities and villages for snow removal. Involved in that formula is snowfall in excess of 80 inches as determined by the department of transportation.

You request my opinion whether the department of transportation may establish a different method for measuring snowfall for cities and villages than that used for counties.

1951 PA 51, Sec. 12a(1), supra, in pertinent part, reads:

'(1) The amount withheld from the counties' second quarterly distribution as specified in section 12(3) shall be returned to the county road commissions of each county for snow removal purposes, including the purchase and maintenance of equipment for snow removal and shall be distributed among the counties on the basis of measured snowfall in excess of 80 inches during the prior fiscal year as determined from measurements of the United States weather bureau at its official stations.'

1951 PA 51, Sec. 12a(4)(a), supra, states:

'As used in this section:

'(a) 'Measured snowfall' means the average of the inches of snowfall in a county determined from measurements taken by the United States weather bureau.'

It is also necessary to consider 1951 PA 51, Sec. 13(2), supra, which was added by 1978 PA 444, which reads in part:

'From the amount available for distribution to cities and villages during the second quarter of each calendar year an amount equal to 0.5% of the total amount returned to all cities and villages under subsections (3) and (4) during the previous calendar year shall be withheld. The amount withheld shall be used to partially reimburse those cities and villages that attain 80 inches or more of snowfall as determined by the department of transportation and that expended extraordinary amounts as determined by the department of transportation on winter maintenance of streets and highways. . . .'

A fundamental rule of statutory construction is that, in determining the meaning of a statute, the intention of the Legislature must be ascertained. Crawford v School District No 6, 342 Mich 564; 70 NW2d 789 (1955). All provisions of a statute must be considered in determining legislative intent, School District No 3, Mt Haley Township v State Board of Education, 364 Mich 160; 110 NW2d 821 (1961), and all provisions must be given effect and reconciled with each other whenever possible. Steiner v Monroe State Savings Bank, 274 Mich 303; 264 NW 380 (1936).

It should be noted that the Legislature is the enactment of 1978 PA 444 amended both 1951 PA 51, Sec. 12a(4)(a) as it relates to the measurement of snowfall for grants to counties also amended 1951 PA 51, Sec. 13 to add subsection (2), supra, to provide for grants to cities and villages. Had the Legislature intended to require the department of transportation to use some alternative snowfall measuring system to the United States weather bureau, it would have expressly provided therefor. Since cities and villages are basically located in counties, the same measuring system was intended to be employed in determining grants under 1951 PA 51, Secs. 12a and 13, supra.

It is, therefore, my opinion that the department of transportation may not establish a different method for measuring snowfall for cities and villages other than the United States weather bureau for purposes of making grants under 1951 PA 51, Sec. 13, supra.

Frank J. Kelley

Attorney General