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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. 5940 August 4, 1981 BLIND PERSONS: Imposition of rentals on concessions operated by blind persons MANAGEMENT AND BUDGET, DEPARTMENT OF: Authority to fix rental charges for concessions operated by blind persons The Department of Management and Budget is without authority under 1952 PA 53 to fix the amount of rentals to be paid by blind persons operating concessions in State buildings. Mr. William Long Director Department of Labor 309 N. Washington Lansing, Michigan Your predecessor requested my opinion on the following two questions: 1. May the Department of Management and Budget charge, pursuant to Public Act 53 of the Public Acts of 1952, for the use of State property or State buildings as concessions? 2. If the Department of Management and Budget may charge, are they required to charge the Department of Labor, Commission for the Blind or the blind vendor who is responsible for management of the concession? Your first question asks whether rental charges may be imposed by the Department of Management and Budget pursuant to 1952 PA 53; MCLA 18.101 et seq; MSA 3.447(21) et seq, on the operation of a concession by a blind person. 1978 PA 260, Sec. 9; MCLA 393.359; MSA 17.581(a), requires that concessions in State office buildings be operated by blind persons. 1952 PA 53, supra, Sec. 1 empowers the Department of Management and Budget to annually determine the prevailing rental value of State owned and leased office buildings. 1952 PA 53, supra, Sec. 2 provides, in pertinent part: 'The legislature, shall annually determine which state, federal, or other agencies occupying state owned or leased buildings for office purposes shall be charged an annual rental based on rates determined according to section 1, and shall annually appropriate for the rental charges for regulatory agencies, boards, and commissions supported by fees as provided by law. . . .' These provisions are plain and require no construction. The Department of Management and Budget fixes the amount of rent, but the Legislature determines which agency, if any, is required to pay the rent with money appropriated by the Legislature. There is no provision in 1952 PA 53, supra, authorizing the Department of Management and Budget to charge rents for concessions operated by blind persons in State buildings pursuant to 1978 PA 260; MCLA 393.351 et seq; MSA 17.581(1) et seq. It is my opinion, therefore, that 1952 PA 53, supra, provides no authority for the imposition of rental charges upon the operation of a concession by a blind person in a State office building. The answer to the first question makes an answer to your second question unnecessary. Frank J. Kelley Attorney General
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