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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. 6471 September 30, 1987 LIBRARIES: Cooperative library board--power to borrow money to acquire facility A cooperative library board established pursuant to MCL 397.553; MSA 15.1791(153), is not authorized to borrow money in order to finance the purchase of facilities for its cooperative library. Honorable D.J. Jacobetti State Representative The Capitol Lansing, Michigan 48913 You have requested my opinion as to whether a cooperative library board may borrow money for the purpose of acquiring a new facility for the activities of its cooperative library. According to your letter, this cooperative library serves as a library for the blind, and the facility being acquired is to be barrier free. A cooperative library is defined by MCL 397.552(e); MSA 15.1791(152)(e), as follows: " 'Cooperative library' means the library or service center designated by the cooperative board to execute services established by the cooperative plan and provided to libraries participating in the cooperative." MCL 397.553; MSA 15.1791(153), provides that cooperative library boards which represent the participating local public libraries and govern the operation of the cooperative libraries are to be established in accordance with the State Aid to Public Libraries Act, MCL 397.551 et seq; MSA 15.1791(151) et seq. Each cooperative library board is to be approved by the legislative council of the State of Michigan, and the number of cooperative boards is to be determined by the legislative council in accordance with MCL 397.556; MSA 15.1791(156), which provides certain sizing criteria for the regions to be encompassed by cooperative libraries. Pursuant to MCL 397.558; MSA 15.1791(158), a cooperative library board shall, among other things: "(a) Have powers which relate to the functioning of the cooperative library and the management and control of the cooperative library's funds and property. ".... "(c) Be a body corporate and a juristic entity for social security and legal identity purposes. ".... "(g) Purchase sites, erect buildings, and lease suitable quarters, and have supervision and control of property of the cooperative library. ".... "(k) [D]o those things necessary to carry out the purposes of this act." (Emphasis added.) The State Aid to Public Libraries Act under which cooperative library boards are established discloses no specific reference to the borrowing of money. It has long been recognized in Michigan that the power to purchase or construct a public facility does not imply the power to borrow money to acquire that facility. Farr v Grand Rapids, 112 Mich 99, 101-102; 70 NW 411 (1897). Thus, the power given to a cooperative library board to purchase a site for its activities is not a grant of power to borrow for that purpose. It is noted that Const 1963, art 9, Sec. 13, states: "Public bodies corporate shall have power to borrow money and to issue their securities evidencing debt, subject to this constitution and law." In Fizer v Onekama Consolidated Schools, 83 Mich App 584, 586-587; 269 NW2d 234 (1978), lv den, 406 Mich 910 (1979), the court described Const 1963, art 9, Sec. 13, as follows: "Corporate public units are granted express power under the Constitution to borrow money. Const 1963, art 9, Sec. 13. That power is subject only to the other pertinent constitutional provisions and legislative enactment." The court, in Advisory Opinion re Constitutionality of PA 1966, No 346, 380 Mich 554, 563-564; 158 NW2d 416 (1968) (the State Housing Development Authority Act of 1966), noted that the Legislature created the housing development authority as a body corporate with general corporate powers, including the statutory "power to borrow and to loan money" and "to sue and be sued." As a public body corporate under Const 1963, art 9, Sec. 13, it has "general power to borrow money except as prohibited by the Constitution and by the statutes." (Emphasis added.) The Legislature has not granted authority to a cooperative library board to borrow and loan money and to sue and be sued. Nor has the board been granted the power to tax. A review of the limited statutory powers expressly granted to a cooperative library board by the Legislature leads to the conclusion that such board is not a public body corporate of the type referred to in Const 1963, art 9, Sec. 13. A reading of the enabling statute as a whole indicates the Legislature has designated a cooperative library board as a "body corporate" for the limited purposes of "social security and legal identity" and not as a public body corporate for all lawful purposes. MCL 397.558(c); MSA 15.1791(158)(c). This conclusion is consistent with the rule of statutory construction that the express mention of one thing in a statute implies the exclusion of similar things. Sebewaing Industries, Inc v Village of Sebewaing, 337 Mich 530, 545; 60 NW2d 444 (1953). It is my opinion, therefore, that a cooperative library board, established pursuant to MCL 397.553; MSA 15.1791(153), is not authorized to borrow money in order to finance the purchase of facilities for its cooperative library. Frank J. Kelley Attorney General
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