pari materia doctrine in Michigan

2015Under the in pari materia rule of statutory construction, see People v Webb, 458 Mich 265, 274 ; 580 NW2d 884 (1998), the definition set forth in Pratt is appropriate here.

2015Under the in pari materia rule of statutory construction, see People v Webb, 458 Mich 265, 274 ; 580 NW2d 884 (1998), the definition set forth in Pratt is appropriate here.

2026“Statutes that relate to the same subject or that share a common purpose are in pari materia and must be read together as one law, even if they contain no reference to one another and were enacted on different dates.” Walters v Leech, 279 Mich App 707, 709-710 ; 761 NW2d 143 (2008). -4- “The object of the in pari materia rule is to give effect to the legislative intent expressed in harmonious statutes.

2026“Statutes that relate to the same subject or that share a common purpose are in pari materia and must be read together as one law, even if they contain no reference to one another and were enacted on different dates.” Walters v Leech, 279 Mich App 707, 709-710 ; 761 NW2d 143 (2008). -4- “The object of the in pari materia rule is to give effect to the legislative intent expressed in harmonious statutes.

2020Our Supreme Court reiterated in Tyler v Livonia Pub Sch, 459 Mich 382, 392 ; 590 NW2d 560 (1999) (citations omitted), the principle articulated in Voorhies that “the interpretive aid of the doctrine of in pari materia can only be utilized in a situation where the section of the statute under examination is itself ambiguous.” This Court has similarly reiterated the same fundamental principles.

2020Our Supreme Court reiterated in Tyler v Livonia Pub Sch, 459 Mich 382, 392 ; 590 NW2d 560 (1999) (citations omitted), the principle articulated in Voorhies that “the interpretive aid of the doctrine of in pari materia can only be utilized in a situation where the section of the statute under examination is itself ambiguous.” This Court has similarly reiterated the same fundamental principles.

2018“The object of the in pari materia rule is to effectuate the legislative purpose as found in harmonious statutes.” In re Project Cost & Special Assessment Roll for Chappel Dam, 282 Mich App 142, 148 ; 762 NW2d 192 (2009).

2018“The object of the in pari materia rule is to effectuate the legislative purpose as found in harmonious statutes.” In re Project Cost & Special Assessment Roll for Chappel Dam, 282 Mich App 142, 148 ; 762 NW2d 192 (2009).

2020As explained in Voorhies, 220 Mich at 157 , however, the in pari materia doctrine of statutory construction cannot be invoked where the language of a statute is clear and unambiguous.

2016Additionally, we recognize that “the interpretive aid of the doctrine of in pari materia can only be utilized in a situation where the section of the statute under examination is itself ambiguous.” Tyler v Livonia Pub Sch, 459 Mich 382, 392 ; 590 NW2d 560 (1999) (italicization added), citing Voorhies, 220 Mich at 157 ; see also In re Indiana Mich Power Co, 297 Mich App 332, 344 ; 824 NW2d 246 (2012).

2024Relatedly, MCL 600.1631(a) provides, in relevant part, that “[t]he county in which the seat of state government is located is a proper county in which to commence and try . . .” an action “by the attorney general in the name of the state or of the people of the state for the use and benefit thereof[.]” Under the doctrine of in pari materia, “[s]tatutes that relate to the same subject or that share a common purpose . . . must be read together as one law, even if they contain no reference to one another and were enacted on different dates.” Committee to Ban Fracking in Mich v Bd of State Canvass

2024Relatedly, MCL 600.1631(a) provides, in relevant part, that “[t]he county in which the seat of state government is located is a proper county in which to commence and try . . .” an action “by the attorney general in the name of the state or of the people of the state for the use and benefit thereof[.]” Under the doctrine of in pari materia, “[s]tatutes that relate to the same subject or that share a common purpose . . . must be read together as one law, even if they contain no reference to one another and were enacted on different dates.” Committee to Ban Fracking in Mich v Bd of State Canvass

2022“Under the in pari materia doctrine, statutes that relate to the same subject or that share a common purpose should, if possible, be read together to create a harmonious body of law.” Hegadorn v Dep’t of Human Servs Dir, 503 Mich 231, 264 ; 931 NW2d 571 (2019) (quotation marks, citation, and alteration omitted).

2022“Under the in pari materia doctrine, statutes that relate to the same subject or that share a common purpose should, if possible, be read together to create a harmonious body of law.” Hegadorn v Dep’t of Human Servs Dir, 503 Mich 231, 264 ; 931 NW2d 571 (2019) (quotation marks, citation, and alteration omitted).

2005Jennings v Southwood, 446 Mich 125, 137 ; 521 NW2d 230 (1994); Travelers Ins v U-Haul of Michigan, Inc, 235 Mich App 273, 280 ; 597 NW2d 235 (1999) .

2005Jennings v Southwood, 446 Mich 125, 137 ; 521 NW2d 230 (1994); Travelers Ins v U-Haul of Michigan, Inc, 235 Mich App 273, 280 ; 597 NW2d 235 (1999) .

2020“The in pari materia rule of statutory construction holds that statutes relating to the same subject or sharing a common purpose should be read together as one, even if the two statutes contain no reference to each other and were enacted at different times.” Summer v Southfield Bd of Ed, 324 Mich App 81, 93 ; 919 NW2d 641 (2018).

2020In Summer v Southfield Bd of Ed, 324 Mich App 81, 93 ; 919 NW2d 641 (2018), this Court explained, however, that the in pari materia doctrine is a rule of statutory construction that is not implicated if the language of the statute is unambiguous and the legislative intent is clearly -3- expressed.

2020“The in pari materia rule of statutory construction holds that statutes relating to the same subject or sharing a common purpose should be read together as one, even if the two statutes contain no reference to each other and were enacted at different times.” Summer v Southfield Bd of Ed, 324 Mich App 81, 93 ; 919 NW2d 641 (2018).

2020In Summer v Southfield Bd of Ed, 324 Mich App 81, 93 ; 919 NW2d 641 (2018), this Court explained, however, that the in pari materia doctrine is a rule of statutory construction that is not implicated if the language of the statute is unambiguous and the legislative intent is clearly -3- expressed.

2019MCL 205.30(2) specifically states that “[a] taxpayer who paid a tax that the taxpayer claims is not due may petition the department for refund of the amount paid within the time period specified as the statute of limitations in [MCL 205.27a].” Additionally, MCL 205.30(1) provides that defendant “shall credit or refund an overpayment of taxes[.]” Moreover, “[s]tatutory language should be read in harmony with the entire legislative scheme, York Charter Twp v Miller, 322 Mich App 648, 662 ; 915 NW2d 373 (2018), and under the doctrine of in pari materia, statutes that relate to the same subject or

2018Further, statutory language should be read in harmony with the entire legislative scheme, York Charter Twp. v. Miller , 322 Mich. App. 648 , 662, 915 N.W.2d 373 (2018), and under the doctrine of in pari materia , "statutes that relate to the same subject or that share a common purpose should, if possible, be read together to create a harmonious body of law," People v. Mazur , 497 Mich. 302 , 313, 872 N.W.2d 201 (2015).

2019MCL 205.30(2) specifically states that “[a] taxpayer who paid a tax that the taxpayer claims is not due may petition the department for refund of the amount paid within the time period specified as the statute of limitations in [MCL 205.27a].” Additionally, MCL 205.30(1) provides that defendant “shall credit or refund an overpayment of taxes[.]” Moreover, “[s]tatutory language should be read in harmony with the entire legislative scheme, York Charter Twp v Miller, 322 Mich App 648, 662 ; 915 NW2d 373 (2018), and under the doctrine of in pari materia, statutes that relate to the same subject or

2018Further, statutory language should be read in harmony with the entire legislative scheme, York Charter Twp. v. Miller , 322 Mich. App. 648 , 662, 915 N.W.2d 373 (2018), and under the doctrine of in pari materia , "statutes that relate to the same subject or that share a common purpose should, if possible, be read together to create a harmonious body of law," People v. Mazur , 497 Mich. 302 , 313, 872 N.W.2d 201 (2015).

2016To the extent that statutes that are in pari materia are unavoidably in conflict and cannot be reconciled, the more specific statute controls. [Mich Deferred Presentment Servs Ass’n, Inc v Comm’r of Office of Fin & Ins Regulation, 287 Mich App 326, 334 ; 788 NW2d 842 (2010) (citations and quotation marks omitted).] At issue is MCL 600.4835, which provides the following; The circuit court for the county in which such court was held, or in which such recognizance was taken, may, upon good cause shown, remit any penalty, or any part thereof, upon such terms as appear just and equitable to the cou

2016“The object of the in pari materia rule is to give effect to the legislative intent expressed in harmonious statutes.” Id. (quotation marks and citation omitted).

2015In Palmer, 304 Mich at 637 , this Court held that “[w]here a statute embraces only part of a subject covered comprehensively by a prior law, the two should be construed together unless a different legislative intent appears; the later being an exception or qualification of the prior only so far as they are repugnant.” The MMMA embraces part of a subject covered comprehensively by Article 7 of the PHC, i.e., the regulation of marijuana, and therefore these two acts should be “construed together” and the MMMA viewed as an “exception” to Article 7 of the PHC “only so far as they are repugnant.” W

2015In Palmer, 304 Mich at 637 , this Court held that “[wjhere a statute embraces only part of a subject covered comprehensively by a prior law, the two should be construed together unless a different legislative intent appears; the later being an exception or qualification of the prior only so far as they are repugnant.” The MMMA embraces part of a subject covered comprehensively by Article 7 of the PHC, i.e., the regulation of marijuana, and therefore these two acts should be “construed together” and the MMMA viewed as an “exception” to Article 7 of the PHC “only so far as they are repugnant.” W

2004Although the Kizer Court applied the in pari materia rule to these two sentences, Kizer, supra at 251 , 195 N.W.2d 884 , I find it inapplicable.

2004Although the Kizer Court applied the in pari materia rule to these two sentences, Kizer, supra at 251 , I find it inapplicable.

2004Because we are not permitted to add provisions to statutes under the guise of interpretation, In re Wayne Co Prosecutor, 232 Mich App 482, 486 ; 591 NW2d 359 (1998), we focus on the existing provisions, in context, in an attempt to construct a harmonious statute.

2004Because we are not permitted to add provisions to statutes under the guise of interpretation, In re Wayne Co Prosecutor, 232 Mich App 482, 486 ; 591 NW2d 359 (1998), we focus on the existing provisions, in context, in an attempt to construct a harmonious statute.

2003Jennings v Southwood, 446 Mich 125, 136-137 ; 521 NW2d 230 (1994); Travelers Ins v U-Haul of Michigan, Inc, 235 Mich App 273, 280 ; 597 NW2d 235 (1999); Michigan Humane Society v Natural Resources Comm, 158 Mich App 393, 401 ; 404 NW2d 757 (1987).

2003Jennings v Southwood, 446 Mich 125, 136-137 ; 521 NW2d 230 (1994); Travelers Ins v U-Haul of Michigan, Inc, 235 Mich App 273, 280 ; 597 NW2d 235 (1999); Michigan Humane Society v Natural Resources Comm, 158 Mich App 393, 401 ; 404 NW2d 757 (1987).

2026“No one provision may be viewed in a vacuum,” and the “object of the in pari materia rule is to give effect to the legislative purpose as found in harmonious statutes.” Id. (quotation marks and citations omitted).

2024Id., unpub op at 3-4.

2023One of the “goals” of the TTA is “to protect and improve State education by retaining in their positions teachers who are qualified and capable and who have demonstrated their fitness, and to prevent the dismissal of such teachers without just cause.” Rockwell v Bd of Ed of Sch Dist of Crestwood, 393 Mich 616, 632 ; 227 NW2d 736 (1975) (quotation marks and citation omitted). -4- The TTA and MCL 423.215(3) of PERA concern the same subject—school administrative decisions regarding employees, particularly teachers.

2023One of the “goals” of the TTA is “to protect and improve State education by retaining in their positions teachers who are qualified and capable and who have demonstrated their fitness, and to prevent the dismissal of such teachers without just cause.” Rockwell v Bd of Ed of Sch Dist of Crestwood, 393 Mich 616, 632 ; 227 NW2d 736 (1975) (quotation marks and citation omitted). -4- The TTA and MCL 423.215(3) of PERA concern the same subject—school administrative decisions regarding employees, particularly teachers.

2023Moreover, the doctrine of in pari materia “is especially true where one Act makes a cross-reference to another Act.” Will Co v Village of Rockdale, 226 Ill App 3d 634, 636; 589 NE2d 1017 (Ill Ct App, 1992). 5 “[T]he purpose of the protections provided under the [TTA] is not to guarantee teachers continuing employment under any circumstances but rather to protect teachers from the arbitrary and capricious conduct of school officials.” Dailey v Mackinac Island Bd of Ed, 120 Mich App 187, 189 ; 327 NW2d 431 (1982).

2023Moreover, the doctrine of in pari materia “is especially true where one Act makes a cross-reference to another Act.” Will Co v Village of Rockdale, 226 Ill App 3d 634, 636; 589 NE2d 1017 (Ill Ct App, 1992). 5 “[T]he purpose of the protections provided under the [TTA] is not to guarantee teachers continuing employment under any circumstances but rather to protect teachers from the arbitrary and capricious conduct of school officials.” Dailey v Mackinac Island Bd of Ed, 120 Mich App 187, 189 ; 327 NW2d 431 (1982).

2023Moreover, the doctrine of in pari materia “is especially true where one Act makes a cross-reference to another Act.” Will Co v Village of Rockdale, 226 Ill App 3d 634, 636; 589 NE2d 1017 (Ill Ct App, 1992). 5 “[T]he purpose of the protections provided under the [TTA] is not to guarantee teachers continuing employment under any circumstances but rather to protect teachers from the arbitrary and capricious conduct of school officials.” Dailey v Mackinac Island Bd of Ed, 120 Mich App 187, 189 ; 327 NW2d 431 (1982).

2020However, because they are nevertheless in pari materia, see Johnson, 96 Mich App at 86 , this Court may look to the definition of “prison” to broadly construe the term “penal or reformatory institution.” Although the Supreme Court held in Washington, 501 Mich at 357 , “that definitions and labels in one code apply only to that particular code; they are not to be transferred and applied to other codes,” the Court was not overruling the doctrine of in pari materia, which provides that “[w]hen two statutes lend themselves to a construction that avoids conflict, that construction should control.”

2020However, because they are nevertheless in pari materia, see Johnson, 96 Mich App at 86 , this Court may look to the definition of “prison” to broadly construe the term “penal or reformatory institution.” Although the Supreme Court held in Washington, 501 Mich at 357 , “that definitions and labels in one code apply only to that particular code; they are not to be transferred and applied to other codes,” the Court was not overruling the doctrine of in pari materia, which provides that “[w]hen two statutes lend themselves to a construction that avoids conflict, that construction should control.”