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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. 6307 July 25, 1985 CONSTITUTIONAL LAW: Const 1963, art 9, Sec. 29--levy of summer school taxes by school district as a required activity to be financed by the state The levy of summer taxes by a school district authorized by law is a permissive activity not required to be financed by the state under Const 1963, art 9, Sec. 29. Honorable Keith Muxlow State Representative The Capitol Lansing, Michigan You have requested my opinion whether MCL 380.1612; MSA 15.41612, and MCL 380.1613; MSA 15.41613, which deal, inter alia, with the summer collection of school district property taxes by townships, violate Const 1963, art 9, Sec. 29, as applied to school districts. In Const 1963, art 9, Sec. 29, the people have provided: 'The state is hereby prohibited from reducing the state financed proportion of the necessary costs of any existing activity or service required of units of Local Government by state law. A new activity or service or an increase in the level of any activity or service beyond that required by existing law shall not be required by the legislature or any state agency of units of Local Government, unless a state appropriation is made and disbursed to pay the unit of Local Government for any necessary increased costs. . . .' (Emphasis added.) The requirements of Const 1963, art 9, Sec. 29 do not apply to permissive activities of local units of government that are not required by state law. See, Berrien County v State, 136 Mich App 772, 783-786; 357 NW2d 764 (1984), and Saginaw Fire Fighters Association, Local 422, International Association of Firefighters, AFL-CIO v City of Saginaw, 137 Mich App 625, 629-630; 357 NW2d 908 (1984). An examination of MCL 380.1612; MSA 15.41612, and MCL 380.1613; MSA 15.41613, reveals that neither statutory provision requires a school district to initiate the summer collection of school district property taxes. Rather, as to school districts, the initiation of the summer collection of school district property taxes is a voluntary activity. Thus, Const 1963, art 9, Sec. 29 has no application to school districts that voluntarily initiate the summer collection of school district property taxes. It is, therefore, my opinion that, as applied to school districts, MCL 380.1612; MSA 15.41612, and MCL 380.1613; MSA 15.41613, do not violate Const 1963, art 9, Sec. 29. Frank J. Kelley Attorney General
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