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. 5164 April 7, 1977 CONSTITUTION OF MICHIGAN: Art 4, Secs. 23, 26, 33 WORDS AND PHRASES: 'Ratified by law,' 'law' FEDERAL STATE RELATIONS: Agreement with federal government concerning assumption of responsibility with respect to sources of ionizing radiation ATOMIC ENERGY: Agreement with federal government concerning assumption of responsibility with respect to sources of ionizing radiation An agreement between the state and the federal government providing for assumption by the state of regulation of sources of ionizing radiation becomes effective only when 'ratified by law.' The term 'ratified by law' means a bill passed by the legislature and acted upon by the governor. Maurice S. Reizen, M.D. Director Department of Public Health 3500 North Logan Lansing, Michigan 48909 You have requested my opinion on the following question: What is the meaning of 'ratified by law' in the Act [1965 PA 54]? Is concurrence of the agreement by branches of the legislature required, or must the agreement be passed as a law? The phrase 'ratified by law' to which you refer appears twice in 1965 PA 54; MCLA 3.801-3.802; MSA 3.27(101-102). The act, in toto, provides: 'Sec. 1. The governor, on behalf of the state, is authorized to enter into agreement with the federal government providing for discontinuance of certain of the federal government's responsibilities with respect to sources of ionizing radiation and the assumption thereof by this state pursuant to Public Laws 86-373, federal-state amendments to the atomic energy act of 1954. Such agreements shall become effective only when ratified by law. 'Sec. 2. The governor, on behalf of the state, is authorized to enter into agreements with other states of the union in order to facilitate interstate cooperation in accomplishing the purposes of this act. Such agreements shall become effective only when ratified by law.' [Emphasis supplied] It is clear from an examination of Const 1963, art 4, that the term 'law is intended to mean the formal and completed process of legislative activity starting with the introduction of a bill and normally ending with the Governor's approval. (1) Examples which illustrate the intent of the framers of the Constitution to restrict the meaning of the word 'law' in the sense in which it is used in 1965 PA 54, supra, include the following excerpts from Const 1963, art 4: 'Sec. 23. The style of the laws shall be: The People of the State of Michigan enact.' [Emphasis supplied] 'Sec. 26. No bill shall be passed or become law at any regular session of the legislature until it has been printed or reproduced and in the possession of each house for at least five days. Every bill shall be read three times in each house before the final passage thereof. No bill shall become a law without the concurrence of a majority of the members elected to and serving in each house. . . .' [Emphasis supplied] 'Sec. 33. Every bill passed by the legislature shall be presented to the governor before it becomes law, and the governor shall have fourteen days measured in hours and minutes from the time of presentation in which to consider it. If he approves, he shall within that time sign and file it with the secretary of state and it shall become law. . . .' [Emphasis supplied] In addition to the fact that the above provisions of the Constitution make it clear that the use of the word 'law' means a bill which has been passed by the legislature and acted upon by the Governor, the Supreme Court defined the term in Fennell v Common Council of Bay City, 36 Mich 186, 190 (1877) where the court said: '. . . The term law, as defined by the elementary writers, eminates from the sovereignty and not from its creatures. The legislative power of the state is vested in the state legislature, and their enactments are the only instruments that can in any proper sense be called laws. . . .' [Second emphases added] See also, Lobadio v Department of Corrections, 37 Mich App 171; 194 NW2d 444 (1971), OAG 1967-1968, No 4637, p 241, 242-243 (May 16, 1968). It is my opinion, therefore, that the term 'ratified by law' means an enactment by the legislature and action by the Governor. Frank J. Kelley Attorney General (1)