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. 5604

November 21, 1979

CRIME VICTIMS COMPENSATION BOARD:

Exercise of powers independently of Department of Management and Budget

DEPARTMENT OF MANAGEMENT AND BUDGET:

Exercise of powers of Crime Victims Compensation Board created within the department

BOARDS AND COMMISSIONS:

Exercise of powers by Crime Victims Compensation Board

The Legislature may create a state agency which exercises its statutory powers independently of the principal department within which it is placed.

The Crime Victims Compensation Board may perform its statutory duties independently of the Department of Management and Budget.

Mr. Thomas E. Woods

Chairman and Executive Director

Crime Victims Compensation Board

P.O. Box 30026

Lansing, Michigan 48909

You have asked my opinion on the following question:

To what extent may the Crime Victims Compensation Board exercise its powers and duties independently of the Department of Management and Budget?

1976 PA 223, MCLA 18.351 et seq; MSA 3.372(1) et seq, created the Crime Victims Compensation Board to provide compensation to certain victims of crimes. Section 2 of the Act states, in part:

'(1) The crime victims compensation board is created within the department of management and budget. . . .'

Section 3 of the Act sets forth the powers of the Board:

'The board shall:

'(a) Establish and maintain a principal office and other offices within the state as it may deem necessary.

'(b) Appoint a secretary, clerks, or other employees and agents as it may deem necessary.

'(c) Promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws, including rules for the approval of attorneys' fees for representation before the board or before the court of appeals upon judicial review as provided for in section 8.

'(d) Obtain from a state or local governmental unit assistance and data to enable the board to carry out its functions and duties.

'(e) Hear and determine claims for awards and to reinvestigate or reopen cases as the board deems necessary.

'(f) Direct medical examination of victims.

'(g) Hold hearings, administer oaths or affirmations, examine any person under oath or affirmation, issue subpoenas requiring the attendance and giving of testimony of witnesses and the production of books, papers, documentary or other evidence. For the purposes of this section, a certified copy of any investigative report relating to the hearing in question will meet the requirements of this section. The powers provided in this subdivision may be delegated by the board to a member or employee thereof.

'(h) Take or cause to be taken affidavits or depositions within or without the state.

'(i) Give an annual written report of its activities to the governor and to the legislature.

'(j) Conduct a program to insure continued public awareness of the provisions of this act in cooperation with state and local agencies.'

Other than this quoted language found in section 2 and 3 of the Act, there is no other reference in the Act to the manner in which the Board shall perform its functions in relationship to the Department of Management and Budget.

A review of the legislative history of 1976 PA 223, supra, reveals that on April 10, 1975, 1 Journal of Senate, 1975, p 589, the Senate passed, and referred to the House, Senate Bill 4 to create a Crime Victims Compensation Board within the Department of Attorney General. However, the House Substitute for Senate Bill 4 placed the Board within the Department of Management and Budget. 4 Journal of Senate, 1975, p 4671. The Senate concurred in the House Substitute for Senate Bill 4, 2 Journal of Senate, 1976, p 1480, and it was approved by the Governor on July 30, 1976.

OAG, 1965-1966, No 4491, p 187, 190 (January 3, 1966), stated that since the Executive Organization Act of 1965, 1965 PA 380, Sec. 379, MCLA 16.479; MSA 3.29(379), provided that the Michigan Employment Security Commission was transferred to the Department of Labor as an autonomous entity, the Commission retained all of its statutory powers and duties, including the functions of budgeting, procurement and management related functions to be exercised independent of the Department of Labor.

Similarly, the Prosecuting Attorneys Coordinating Office Act of 1972, 1972 PA 203, Sec. 3(1), MCLA 49.103(1); MSA 5.820(3)(1), provides:

'The office of prosecuting attorneys coordination is created as an autonomous entity in the department of attorney general.'

Thus, the Legislature may create a state agency which exercises its statutory powers independently of the principal department within which it is placed and whether 1976 PA 223, supra, provides for the Crime Victims Compensation Board to operate independently of the Department of Management and Budget is a matter of legislative intent.

1976 PA 223, supra, does not describe the Board as an autonomous entity, nor, on the other hand, does it indicate in any manner which functions the Department of Management and Budget shall exercise on behalf of the Board. By way of comparison, 1978 PA 541, Sec. 2, MCLA 18.402; MSA 3.519(2), created a State Commission on Criminal Justice within the Department of Management and Budget. However, 1978 PA 541, Sec. 3, MCLA 18.403; MSA 3.519(3), provides in part:

'(1) The office of criminal justice is created within the department of management and budget. Office budget development, procurement, and related management functions shall be performed by the Department of Management and Budget. . . .'

Under 1976 PA 223, Sec. 3, supra, the Board, not the principal department, is given the authority to establish and maintain a principal office and other offices within the State as it may deem necessary, to appoint a secretary, clerks, or other employees and agents as it may deem necessary and to determine and grant crime victim's compensation.

It is, therefore, may opinion that the Crime Victims Compensation Board may perform its statutory duties independently of the Department of Management and Budget.

Frank J. Kelley

Attorney General