Michigan Proposal No. 4, Regulations on Dentistry Referendum (1940)

Michigan Proposal No. 4
Election date November 5, 1940
Topic Business regulations and Healthcare governance
Status Approved
Type Veto referendum	Origin Citizens

Michigan Proposal No. 4 was on the ballot as a veto referendum in Michigan on November 5, 1940. It was approved.

A “yes” vote supported establishing regulations on dentistry.

A “no” vote opposed establishing regulations on dentistry.

Election results

Michigan Proposal No. 4
Result		Votes	Percentage
Yes		735,053	58.73%
No		516,597	41.27%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Proposal No. 4 was as follows:

“

(Proposal No 4) REFERENDUM ON ACT NO. 122 OF THE PUBLIC ACTS OF 1939 BEING AN ACT TO REGULATE THE PRACTICE OF DENTISTRY AND DENTAL SURGERY AND TO REPEAL CERTAIN ACTS AND PARTS OF ACTS AN ACT to regulate the practice of dentistry and dental surgery to provide for the examination, licensing, registration and regulation of persons who may practice the same; to provide for the disposition of moneys received under this act; to provide penalties for violations of this act and to repeal certain acts and parts of acts THE PEOPLE OF THE STATE OF MICHIGAN ENACT: No. 4    Section 1. The practice of dentistry shall be under the supervision of a board to be known as the Michigan state board of dentistry. Said board shall consist of 7 reputable dentists each of whom shall have been graduated from a reputable dental college, shall have practiced his profession in this state for at least 5 years, and shall have been a resident of this state for at least 5 years, 2 of whom shall be residents of the upper peninsula. The present members of the board now in existence shall continue in office until the expiration of the term for which they were respectively appointed. The governor shall annually hereafter appoint 1 member of said board, and shall fill any vacancy for an unexpired term, by appointment from a list of 3 licensed dentists recommended to him by the Michigan state dental society. Each member shall hold office for a term of 7 years, or until the appointment and qualification of his successor. No member of a dental faculty may be eligible to membership on the board.      Sec. 2. Said board shall adopt rules and regulations for its own organization and for the practice of dentistry in this state, and for carrying out the provisions of this act, and may, amend, modify and repeal said rules and regulations from time to time. Said board shall also have the power to appoint such committees, special examiners, officers and employes, and to incur such expenses as it may deem necessary or proper to carry out the provisions of this act, the expense thereof to be charged and paid as other expenditures of the board. The president and secretary of the existing board shall continue in office until their respective terms as such shall expire. Thereafter said board shall elect a president and secretary from its membership, each of whom shall hold office for a term of 1 year. It shall hold 1 regular meeting each year in the city of Ann Arbor in the month of June and such special meetings as may be necessary at such times and places as it may determine. A majority of the board shall constitute a quorum. The board shall hold 2 examinations in each year, 1 in the month of June and 1 at such time and place as may be fixed by the board, at which applicants to practice dentistry in the state of Michigan may be licensed by the board. The board shall have power to send 2 delegates to the meetings of the national association of dental examiners, and charge the expense thereof, per diem excluded, to the business of the board. The secretary shall keep a full record of Its proceedings and a complete registry of all licensed dentists and dental hygienists and dental graduate to whom permits are issued, as hereinafter provided. A transcript of any entry in such record or registry certified by the secretary shall be competent evidence of the facts therein stated. Upon this act becoming effective, the secretary shall mail a copy of the same to every licensed dentist and oral hygienist within the state, and each year thereafter a copy of the same, with any amendments thereto, to those to whom the board has granted licenses during the year. Said board shall prepare and file with the state administrative board such reports as may be required by the state administrative board, which reports may be printed and bound in such form and in such quantities as the board of state auditors may deem necessary. The expense of such printing and binding shall be charged as an expenditure of said board.      Sec. 3. The secretary shall give bond in such amount as said board may fix for the faithful discharge of his duties as custodian of the moneys paid to said board. He shall receive such salary as shall be determined by the board. Each of the members, other than the secretary, shall receive for each day actually engage in the duties of his office a per diem of $20.00, not to exceed, however, the sum of $500.00 per year, and his actual and necessary expenses. Said board may annually expend the total amount received from the fees hereinafter provided, but in no case shall the total expenditures for all purposes exceed its total receipts. All moneys received by said board shall be paid to the state treasurer at the end of each month and a receipt for the same filed by the secretary of the board in the office of the auditor general. The amounts necessary for the expenditures of said board shall be paid out of the state treasure upon the warrant of the auditor general, drawn upon the presentation to him of vouchers signed by the chairman of the board.      Sec. 4. Except as herein otherwise provided, it shall be unlawful for any person to practice or engage in the practice of dentistry or dental surgery in any of its branches, other than:      1. Those who are duly registered and licensed dentists in this state under the provisions of either Act No. 235 of the Public Acts of 1933, or the laws of this state in force at the time of their license and registration; and      2. Those duly licensed and registered under the provisions of this act.      Sec 5. No person desiring to practice density shall be licensed until he shall have satisfactorily passed an examination by said board. Every applicant for examination must be a citizen of the United States, or have declared his intention of becoming such. In cases where the applicant has declared his intentions of becoming a citizen, but has not completed his qualifications for citizenship, a temporary license may be issued for the duration of the minimum time required to complete citizenship. Upon completion of the requirements of citizenship the board may issue a regular license without further examination. It remains within the province of the board, before admitting an applicant graduated from a college of a foreign country to examination, to require such applicant to take such post-graduate work in a college of this county as will satisfy the board that such applicant is on an equal basis with graduates of reputable dental colleges of the United States. All applicants who have been graduated from a reputable dental college in the United States or foreign county may be required to furnish a certification signed by the faculty or secretary of the school, college or university from which said applicant was graduated, certifying as to the character of and to the proficiency attained by said applicant throughout his curriculum of study. Every applicant for such examination shall satisfactory proof support by affidavit that he is of good moral character and a graduate of a reputable dental college duly organized under the laws of this state or any other of the United States or of any other country. Said board is hereby authorized to ascertain and determine what shall constitute a reputable dental college, but to considered reputable, the following qualifications shall be necessary:      1. It must be chartered under the laws of the state in which it is located and operated, and authorized by its charter to confer the degree of doctor of dental surgery or doctor of dental medicine;      2. It must give annually a full course of lectures and instructions by a competent faculty and a corps of instructors in the following subjects: Physiological chemistry, embryology, anatomy, histology, hygiene, bacteriology, pathology, materia medica, therapeutics, oral surgery, metallurgy, operative dentistry, prosthetic dentistry, crown and bridge work and orthodontia; the curriculum of instruction to consist of not less than 4 terms in 4 separate academic years and each term to be of not less than 32 weeks of 5 1/2 days in each week;      3. It must have apparatus and equipment ample and sufficient for the ready and full teaching of the above named subjects; and      4. It must require matriculates to have a preliminary education equal to 60 semester hours in a college or university approved by said board.     Sec. 6. Every candidate for examination shall file a written application on a form prescribed by the board, shall present his license or diploma for inspection, and shall pay to the secretary a fee of $35.00. The applicant shall present himself before the board for examination at a date not later than the second regular meeting of the board next after filing his application, in default of which said fee shall be forfeited to said board. The examination shall be written or oral, or both, and shall include such subjects as may be designated by the board at any meeting of the board held 6 months prior to such examination, The board may also require such practical tests, working operations and demonstration as may be designated by the board. The examination papers of each applicant shall be preserved by said board and may be inspected for 6 months after the date of his examination. During such period an unsuccessful applicant, by depositing $50.00 with the secretary, shall have the privilege of having his examination papers re-read by the board in the presence of himself and any one representing him. If upon such re-reading the board shall determine that the examination papers of the application should have entitled him to pass, a license hall be issued to him and said deposit refunded, but said deposit shall otherwise be forfeited to the board. Any applicant who shall fail to pass an examination shall have the right to apply for subsequent examination, in which case he shall pay to the secretary a fee of $25.00 for each subsequent examination: Provided, however, That said board may for a sufficient cause remit said fee for such subsequent re-examination, Any applicant who shall fail to pass the examination upon his first trial will be given credit for such subject as he may be entitled to, but such credits will be extended only until the second following board examination. If the applicant fails to pass his examination on the second trial, the application shall on any third or subsequent trail be required to take an examination in all subjects the same as on his original first application. Any persona who in any affidavit or application for examination shall willfully make a false statement in a material regard shall be deemed guilty of perjury, and, upon conviction thereof, shall be punished as provided by the laws of this state for the crime of perjury.     Sec. 7. The board shall issue to each person who shall successfully pass the examination a license under its seal duly authenticated by the signatures of the board members. No person, not previously registered under the laws of this state in the county where his office is located, shall engage in the practice of dentistry until he shall have registered such license in the office of the clerk of the county where he intends to practice. It is hereby made the duty of the county clerk to register the same in a book provided and kept for that purpose, for which he shall be paid a fee of 50 cents in each case by the person offering the same for registration. The board shall declare a license void unless it is so registered within 6 months from the date when the holder begins practice in said county, A duplicate license may be issued by the board in case of the neglect, failure or refusal to register within said period, but only upon payment to the board the sum of $25.00 as a penalty, which shall be available for the proper expenditures of the board. In case of the removal of a registered dentist to another county within the state, he shall cause his license to be registered in the same manner and within the same time as above provided. On the first day of September in each year, every county clerk in the state shall send to the secretary of the board a complete list of all dentists and dental hygienists who registered in his county during the preceding year on blanks to be sent to the county clerk by the board. Every person operating or controlling any dental office or rooms shall promptly report to the board the name or names of all registered dentists and dental hygienists in his employ, tether with their place of residence and shall also report whenever any registered dentist or dental hygienist shall leave his employ.    Sec. 8. No dentist shall announce or hold himself out to the public as limiting his practice to, or as being especially qualified in, or as giving special attention to, any branch of dentistry, without first having obtained a license therefor from the board as hereinafter provided. The board, upon satisfactory proof that the applicant has had a minimum of 1 year of post-graduate work in any one of the several recognized branches of dentistry in an approved college or university, or its equivalent, to be determined by the board, or has complied with any additional requirements of the board, may issue a license to such dentist authorizing such dentist to hold himself out, or to announce, to the public that he is especially qualified in, or limits his practice to, or gives special attention to, such recognized branch of the dental profession. Examinations shall be theoretical and practical. The theoretical examinations shall be in writing and include all the subjects represent in that recognized branch of dentistry in which the applicant desire to specialize. Written examinations may be supplemented by oral examinations. Demonstrations of the applicant's skill shall also be required. A special license shall be required for the practice of each recognized branch of dentistry in order for a dentist to hold himself out to the public as limiting his practice to, or being especially qualified in, or giving special attention to, any branch of dentistry. The free for such examination and special license shall be $25.00. Any applicant who shall fail to pass an examination shall have the right to apply for a subsequent examination, in which case he shall pay to the secretary a fee of $15.00 for each subsequent examination: Provided, however, That said board may for a sufficient cause remit said fee for such subsequent re-examination.     Sec. 9. Said board may also issue licenses to dental assistants to be known as dental hygienists. Every candidate for examination as a dental hygienist shall pay to the secretary of the board a fee of $15.00 and shall furnish satisfactory proof that he is graduate of an accredited high school in this state, or a school of like and equal standing in any other state or country, or has in earned units of study the equivalent necessary for graduation, and has earned a diploma or certification from a reputable school of dental hygienists having a curriculum of not less than 2 separate academic years, and each term to be of not less than 32 weeks of 5 1/2 days in each week. The board may ascertain and determine what shall constitute such reputable school. Every application who shall successfully pass such examination as may be prescribed by the board shall be granted a license as a dental hygienist which shall be record in the same manner as provided in section 7 of this act. Any application who shall fail to pass an examination shall have the right to apply for a subsequent examination, in which case he shall pay to the secretary a fee of $10.00 for each subsequent examination: Provided, however, That said board may for sufficient cause remit said fee for such subsequent re-examination. Such licensed dental hygienist may remove calcareous deposits, accretion and stains from the teeth, and may prescribe or apply ordinary mouth washer of soothing character, but shall not perform any other operation on the teeth, mouth or tissues of the oral cavity or administer any therapeutic remedies to diseased portion of teeth or their surrounding tissues. A hygienist may operate in the office of a legally lice sensed dentist, in a state or municipal institution, or in public schools, or under a board of health, or in a public clinic, authorized by said board, but shall not operate except under the supervision of a licensed dentist. The board may revoke or suspend the license of any registered dentist who shall permit any dental hygienist operating under his supervision to perform any operation other than those permitted under the provisions of this section.     Sec. 10. Said board may also issue a dental graduate permit upon payment of a fee of $10.00 to any person who is a graduate of a reputable dental college as approved by the board, but who shall not yet have been licensed as a dentist by said board. Any person receiving such permit may practice dentistry in any state or municipal institution, or hospital, or public school, or under a board of health, or in any public clinic, authorized by said board under the direct supervision of a licensed dentist, but not otherwise; nor shall any permit authorize such person to practice for a period longer than the interim between its date of issue and the next regular examination held by the board for applicants for licenses as dentists. Permits shall be granted only to such graduates as have a definite offer of a position in a state or municipal institution, or hospital, or public school, or board of health, or public clinic, authorized by the board, and only after proper credentials of the applicant for such a permit have been examined and accepted by the board.     Sec. 11. On or before the first day of October of each year, excepting the year in which he is originally licensed, every registered dentist and dental hygienist shall pay to the secretary of the board $3.00 as an annual license fee. The board may revoke or suspend the license of any person who shall default in making such payment, unless said fee is paid on or before said first day of October: Provided, That such revocation or suspension shall not be ordered except on and after 30 days' written notice by registered mail to the last known address of such person of such delinquency, during which period such person may pay such fee, together with such penalty, not exceeding $5.00, as may be determined by the board. In case any such license is revoked or suspended, the same may be reissued or instated upon the payment of the accrued fees and such penalties, not exceeding $10.00, as may be determined by the board. Such penalties shall be available for the proper expenditures of the board.     Such licensed dentist and dental hygienists, who shall have paid the fees due when this act becomes effective, shall be entitled to a credit for such amount so paid on the license fees due and payable as herein provided.     Sec. 12. A person practices dentistry, within the meaning of this act, when it shall be shown:     1. That he uses a dental degree, or designation, or card, device, directory, poser, sign, or other means whereby he represents himself or permits himself to be represented as being able to diagnose, treat, prescribe or operate for any disease, pain, deformity, deficiency, injury or physical condition of the human tooth, teeth, alveolar process, gums or jaws, or their dependent tissues; or     2. That he is the manager, proprietor, operator or conductor of a place where dental operations are performed; or     3. That he performs dental operations of any kind gratuitously, or for a fee, gift, compensation or reward, paid or to be paid, either to himself or to another person or agency; or     4. That he, or his employe or employes, use a Roentgen or X-ray machine for dental treatment, radiograms, for dental diagnostics purposes; or     5. That he extracts a human tooth or teeth, or corrects or attempts to correct malpositions of the human teeth or jaws, or repairs or fill cavities in human teeth; or     6. That he offers and undertakes, by any means or method, to diagnose, treat or remove stains or accretions from human teeth or jaws; or     7. That he uses or administers local anesthetics in the treatment of dental or oral disease or in any preparation incident to a dental operation of any kind or character; or     8. That he takes impressions of the human tooth, teeth, jaws, or performs any phase of any operation incident to the replacement of a part of a tooth, teeth or associated tissues; or     9. That he examines clinical material in a dental office or contracts or agrees to render or perform, either personally or through another, a dental service or services; or     10. That he performs any operation included in the curricula of recognized dental schools or colleges.     Sec. 13. The following practices, acts and operations, however, are exempt from the operation of this act:     1. The rendering of dental relief in a bond fide emergency cases in the practice of his profession by a physician or surgeon, licensed as such and registered under the laws of this state; or     2. The practice of dentistry in the discharge of their official duties by dentists in the United States army, or the United States navy, the United States public health service, or the United States veterans' bureau; or     3. The practice of dentistry by students in dental schools or colleges approved by the board, when acting under the direction and supervision of registered and licensed dentists acting as instructors; or     4. The practice of dentistry by licensed dentists of other states or countries at meetings of the Michigan state dental society, or component part thereof, alumni meetings of dental colleges, or any other like dental organization, wile appearing as clinicians; or     5. The use of Roentgen or other rays for making radiograms or similar records of dental or oral tissues under the supervision of a licensed dentist or physician: Provided, however, That such service shall not be advertised, by any name whatsoever, as an aid or inducement to secure dental patronage: And provided further, That no corporation shall advertise that it has, leases, owns or operates a Roentgen or X-ray machine for the purpose of making dental radiograms of the human teeth or tissues of the oral cavity, or administering treatment thereto for any disease thereof; or     6. The making of artificial restorations, substitutes, appliances or materials for the correction of disease, loss, deformity, malposition, dislocation, facture or injury of the jaw, teeth, lips, gums, cheeks, palate, or associated tissues, or parts, either upon order, prescriptions, cases, models or from impressions furnished by a licensed and registered dentist: Provide, That such prosthetic or orthodontic appliances, or the services rendered in the construction, repair or alteration thereof, shall not be advertised, sold or delivered, directly or indirectly, to the public by any unlicensed person or dental laboratory as principal or agent.     Sec. 14. The terms "manager," "proprietor," "operator" or "conductor" as used in this act shall be deemed to include any person:     1. Who employs operators or assistants; or     2. Who places in the possession of an operator, assistant, or other agent such dental material or equipment as may be necessary for the management of a dental office on the base of a lease or any other agreement for compensation for the use of such material, equipment or office; or     3. Who retains the ownership or control of dental material, equipment or office and makes the same available in any manner for the use by operators, assistants or other agents: Provided, however, That the above shall not apply to bona fide sales of dental material or equipment.     A licensee of dentistry who shall enter into any of the above described arrangement with tan unlicensed manager, proprietor, operator or conductor may have his licensed suspended or revoked by the board.     Sec. 15. No corporation shall practice or continue to practice, offer or undertake to practice or hold itself out or continue to hold itself out as practicing dentistry. Every person practicing dentistry as an employe of another shall cause his name to be conspicuously displayed and kept in a conspicuous place at the entrance of the place where such practice is conducted: Provided, however, That nothing herein contained shall prohibit a licensed dentist from practicing dentistry as the agent or employe of any charitable institution or hospital.     Sec. 16. It shall be unlawful for any person to practice dentistry or to operate or be a partner in the operation of, or control as proprietor, manager or otherwise, or to have any financial interest in the proceeds or receipts of or from, other than compensation as employe in the usual course of the practice, or to receive any part of percentage of the proceeds or receipts of or from, in lieu of rent or any part of the rent of any room or office, where dental work is done, provided or contracted for in any county of this state, not being at the time a dentist licensed to practice as such in this state and registered in the office of the county clerk of such county as herein provided. It shall be unlawful for any person to practice dentistry or to practice as a dental hygienist who licensed or permit to practice has been revoked or suspended. It shall be unlawful for any person to practice dentistry or to practice as a dental hygienist without at all times keeping his license conspicuously displayed in his operating room and in any office where there are more dental chairs than 1 without having the license of each practitioner so displayed. It shall be unlawful for any person to employ any capper or solicitor for the purpose of procuring patients for dental work to be done. It shall be unlawful for any person to practice dentistry or to operate or control as proprietor, manager or otherwise any room or office where dental work is done or contracted for, or in any way to advertise the same under any false or assumed name, or under the name of a corporation, company, association, trade name or under any name other than that under which his license was granted. It shall be unlawful for any person to advertise to the public any commercial dental laboratory or dental technician or dental clinic.     No person or persons shall own, or be the financially interested in, or manage more than 1 office for the practice of dentistry in any location or locations and operate them under his or their own name, with employed operators. No dentist or dentists shall be associated or connected with, in any manner, any officers or rooms where the profession of dentistry is practiced unless such dentist or dentists shall be actually engaged for the major portion of their time in the practice of dentistry at such office or rooms: Provided, however, That the provisions of this paragraph shall not apply where a licensed dentist, with the approval of the board, shall choose to practice dentistry, under his own name, 1 or more days of a given week in 1 location other than the location of his principal office.     Sec. 17. Excepting as in this act provided, it shall be unlawful for any dentist or dentists to:     1. Make use of any advertising statements of a character tending to mislead or deceive the public; or     2. Circulate any statement or statements as to the skill or method of practicing dentistry of any dentist through any media, means, agencies or device of an advertising nature; or     3. Advertise profession superiority or the performance of professional services in a superior manner; or     4. Advertise price, cost, charge, fee or terms of credit for professional services, or for materials used in the practice of dentistry, or comparative values thereof, since in a professional health service and because of the nature of the services involved, the prices must be variable; or     5. Advertise bargains, cut rates, or special values in dental service or productions with or without specifying the time they shall apply; or     6. Advertise any free dental work or free examinations; or     7. Advertise to guarantee any dental services; or     8. Advertise to perform any dental operation painlessly; or     9. Advertise or circulate reports of cases or statements of patients in any way whatsoever; or     10. Advertise by any means, the using of any secret anesthetic, drug, formula, medicine, method or system; or     11. Employ any person or person to obtain, contract for, sell or solicit patronage, or make use of free publicity press agents; or     12. Advertise the means of large display signs, or glaring light signs, electric or neon, or such signs containing as part thereof the representation of a tooth, teeth, bridework, plates of teeth or any portion of the human head, or use of specimens of such in display, direction the attention of the public to any such person or persons engaged in the practice of dentistry; or     13. Advertise artificial teeth, bridgework or dentures by the use of any representation of a tooth, teeth, bridgework or denture, o r of any portion of the human head, or advertise dental plates, or restorations, or the materials used in their construction, under any fictitious, misleading, fancy or unscientific name; or     14. Give a public demonstration of skill or methods of practicing dentistry for the purpose of securing patronage: Provide, That any dentist may publicly announce by way of newspaper or professional card that he is engaged in the practice of dentistry, giving his name, degree, office location where he is actually engaged in practice, office hours, telephone numbers and residence address, and, if he limits his practice to a specialty, he may state same.     Sec. 18. The board shall have the power, and it shall be its duty, and it is hereby authorized, to suspend for a limited period or to revoke the license of any licensed dentist or any licensed dental hygienist for any of the following reasons:     1. His conviction of a felony or of a misdemeanor involving moral turpitude, in either of which cases a certified copy of the court record shall be conclusive evidence, upon receipt of which the board shall revoke or suspend the license of the person so convicted;     2. For fraud or deceit in procuring admission to practice dentistry or oral hygiene;     3. For habitually using drugs or intoxicants to the extent of rendering him unfit for the practice of dentistry or oral hygiene, or for gross immorality;     4. For being guilty of wilful and gross malpractice or wilful and gross neglect in the practice of dentistry or oral hygiene;     5. For conducting the practice of denitrify so as to permit directly or indirectly an unlicensed person to perform work which under this act can legally be done only be a person licensed to practice dentistry or oral hygiene in this state;     6. For practicing dentistry under a corporate, assumed, trade or firm name in violation of the provision of this act;     7. For violation of the rules and regulations for the practice of dentistry, provided for in section 2 thereof;     8. For employing solicitors or cappers for the purposes of procuring patients for dental work to be done;     9. For attracting or attempting to attract any person on the public streets by means of any public demonstration of any phase of dental surgery or by offering, selling or giving away any cur or any nostrum or premium in order to induce such person or person to enter any dental office, or room;     10. For obtaining any fee by fraud or misrepresentation;     11. For being guilty of false, fraudulent or misleading advertising;     12. For having failed to pay license fees as herein provided;     13. For holding himself out as specially qualified in, or limiting his practice to, or giving special attention to, a branch of dentistry, without a special license therefor;     14. For being guilty of dishonorable or unprofessional conduct in the practice of dentistry;     15. For the use of the name "clinic," "institute," or other title that may suggest a public or semi-public activity to designate what is in fact an individual or group private practice;     16. For failure to maintain a satisfactory standard of competency in the practice of dentistry; or     17. For a violation of any provision of this act, or for being a party to or assisting in any violation of any provision of this act.     Sec. 19. In case any person shall make an accusation against any licensee under any of the subdivisions of the preceding section, except the first subdivision, the same shall be reduced to writing, verified by some person familiar with the facts therein state, and 3 copies thereof filed with the secretary of the board. If the board shall deem that the charges made are sufficient, if true, to warrant suspension or revocation of license, it shall make an order fixing the time and place for a hearing and requiring the accused to appear and answer thereto, such order, together with a copy of the charges to be served upon the accused at least 20 days before the date fixed for the hearing, either personally or by registered mail, sent to his last known post office address. At the time and place fixed in said notice for said hearing, or at any time and place to which the said hearing shall be adjourned, the board shall hear the matter. The accused person shall have the right to be represented at any such hearing by counsel of his selection.     The president of the board shall have the right to administer oaths to witnesses and to issue subpoenas for the attendance of such witnesses at such hearing. Upon the quest of the accused person, or his counsel, the said board shall issue subpoenas for the attendance of such witnesses in behalf of the accused, which subpoenas when issued shall be delivered to the accused person, or his counsel. Process for the attendance of witnesses shall be effective if served upon the person named therein anywhere within the state: Provided, That at the time of such service the fees now or hereafter provided by law for witnesses in civil cases in circuit court shall be paid or tendered to such person. In case of disobedience of a subpoena, the board or any party to such hearing may invoke the aid of any circuit court of the state of Michigan in requiring the attendance and testimony of witnesses. Any of the circuit court of the state within the jurisdiction of which such hearing is being held may, in case of contumacy or refusal to obey a subpoena, issue an order requiring such person to appear before said board, and if so order give evidence touching the matter involved in the hearing. Any failure to obey such order of the court may be punished by such court as contempt thereof.     If the accused pleads guilty, or after hearing he shall be found guilty by the board of any of the charges made, it may revoke or suspend his license for a limited period, shall enter the order on its records, and shall notify the clerk of the county where he is registered of the cancellation or suspension of his license, as the case may be, who shall in turn enter such cancellation or suspension on the registration record in his office.     The findings of fact made by the board acting within its power shall, in the absence of fraud, be conclusive, but the supreme court shall have power to review questions of law involved in any final decision or determination of the board: Provided, That application is made by the aggrieved party within 30 days after such determination by certiorari, mandamus or by any other method permissible under the rules and practice of said court or the laws of this state, and to make such further orders in respect thereto as justice may require. Pending the review by the supreme court, the action of the board, suspending or revoking the license, shall be stayed.     Sec. 20. Any person who shall violate any provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500.00, or by imprisonment in the county jail for not more than 1 year, or both such fine and imprisonment in the discretion of the court. After conviction of any violation of any of the provision of this act, any person who shall again violate any provision of this act, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than $2,000.00, or by imprisonment in the state prison for not more than 2 year, or both such fine and imprisonment in the discretion of the court.     Sec. 21. This act shall be deemed to be passed in the interests of the public health, safety and welfare of the people of this state, and its provisions shall be liberally construed to carry out its object and purposes.     Sec. 22. This act is declared severable, and should any word, phrase, sentence, provision or section hereof be hereafter declared unconstitutional or otherwise invalid, the remainder of this act shall not thereby be affected, but shall remain valid and in full force and effect for all intents and purposes.     Sec. 23. Act No. 235 of the Public Acts of 1933, excepting as to prosecutions commenced or penalties incurred thereunder, is hereby repealed. All other acts or parts of acts, insofar as inconsistent with the provisions of this act, are hereby repealed. Shall said Act No. 122 of the Public Acts of 1939 be approved? Yes No

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See also: Signature requirements for ballot measures in Michigan

A veto referendum is a citizen-initiated ballot measure that asks voters whether to uphold or repeal an enacted law. This type of ballot measure is also called statute referendum, popular referendum, people's veto, or citizen's veto. There are 23 states that allow citizens to initiate veto referendums.

In Michigan, the number of signatures required for a veto referendum is equal to 5% of the votes cast in the last gubernatorial election. Signatures for veto referendums are due 90 days following the final adjournment of the legislative session at which the targeted bill was passed. A simple majority vote is required for voter approval.

See also

1940 Measures

• 1940 Measures
• Business regulations on the ballot
• Healthcare governance on the ballot
• 1940 legislative sessions

Michigan

• Michigan ballot measures
• Michigan ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• University of Michigan Press, "The Initiative and Referendum in Michigan," 1940