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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. 6560

January 20, 1989

LEGISLATURE:

Appointment of members of Committee on Conflict of Interest

No remedy is available to compel the Legislature to appoint members to the Committee on Conflict of Interest established by 1968 PA 318.

Honorable William R. Bryant, Jr.

State Representative

The Capitol

Lansing, Michigan 48913

You have requested my opinion on whether it is mandatory, by statute, for the Legislature to have a Committee on Conflict of Interest. Your question appears to arise from a statute passed to implement Const 1963, art 4, Sec. 10, which provides:

'No member of the legislature nor any state officer shall be interested directly or indirectly in any contract with the state or any political subdivision thereof which shall cause a substantial conflict of interest. The legislature shall further implement this provision by appropriate legislation.'

The Legislature implemented Const 1963, art 4, Sec. 10, by enacting 1968 PA 318, MCL 15.301 et seq; MSA 4.1700(21) et seq. In particular, MCL 15.307; MSA 4.1700(27), provides in pertinent part:

'There is created a special committee of the legislature on conflict of interest (herein referred to as the committee) to consist of 3 members of the senate and 3 members of the house of representatives, at least 1 of whom from each house shall be a member of the minority party, to be appointed in the same manner as standing committees of the senate and the house. The committee shall have the following duties and powers:

(a) It shall establish, by majority vote, its rules and procedures;

(b) Its members shall serve without compensation, but shall be entitled to actual and necessary expenses while on the business of the committee;

(c) It may, upon the request of any member of the legislature, render advisory opinions to legislators as to whether under the facts and circumstances of a particular case a legislator is interested directly or indirectly in a contract with the state or any political subdivision thereof which shall cause a substantial conflict of interest;

(d) It may insure that the identity of persons involved in any request for advisory opinions shall not be disclosed in the request, advisory opinion or otherwise.' (Emphasis added.)

It is clear that a Committee on Conflict of Interest has been established. Your question thus becomes whether the Legislature must appoint members from each house to serve on this committee as 1968 PA 318 contemplates.

Const 1963, art 4, Sec. 16, provides in pertinent part:

'Each house, except as otherwise provided in this constitution, shall choose its own officers and determine the rules of its proceedings, but shall not adopt any rule that will prevent a majority of the members elected thereto and serving therein from discharging a committee from the further consideration of any measure.'

The Majority Leader of the Senate appoints, subject to approval of a majority of Senators elected and serving, all the members of Senate committees except where the Senate shall otherwise order. Senate Rule 1.105 (1988). The Speaker of the House appoints all House committees except where the House shall otherwise order. House Standing Rule 7 (1988).

In OAG, 1979-1980, No 5548, p 359, 360 (August 17, 1979), it was concluded that:

'[T]he only restriction imposed by the constitution upon the rules of proceedings of a house of the legislature is that neither house may adopt a rule which will prevent a majority of the members of the house from discharging a committee from the further considerations of a measure. There is no other limitation upon the rules of proceedings which may be adopted.

'Rules of proceedings adopted by a house of the legislature may be subsequently set aside by members of the house of the legislature. . . .

'Thus, it is my opinion that the Senate may adopt a rule which requires a standing committee to report out a bill within a specified time period, and that rule may be suspended at will by the Senate.'

While a Committee on Conflict of Interest has been established by statute, there is no remedy available to compel the respective officers of each house of the Legislature to act to appoint members to the committee. See Turnbull v Giddings, 95 Mich 314; 54 NW 887 (1893).

It is my opinion, therefore, that no remedy is available to compel the Legislature to appoint members to the Committee on Conflict of Interest established by 1968 PA 318.

Frank J. Kelley

Attorney General

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