[ Previous Page] [ Home Page ]
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. 5688 April 21, 1980 STATUTES: Subject not expressed in title Severability of unconstitutional provision CONSTITUTIONAL LAW: Const 1963, art 4, Sec. 24 1978 PA 562, which added section 2(c) and (d) to 1975 PA 317 to prohibit sale of certain appliances using natural gas or liquid propane gas as the source of fuel, and 1979 PA 22, which amended section 2(d), are unconstitutional, in part, because the prohibition is not expressed in the title to the act and adds a second object to the act. Honorable Thomas H. Brown State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion concerning 1975 PA 317, as last amended by 1979 PA 22; MCLA 429.351 et seq; MSA 19.403(1), et seq, which establishes certain requirements for the labeling and testing of appliances. You inquire whether under 1975 PA 317, supra, a distributor who held an appliance in stock before June 1, 1979 may sell the appliance to an installer where the distributor provides the installer a receipt that the appliance was in stock prior to June 1, 1979. 1975 PA 317, supra, Sec. 2(g), provides 'After June 1, 1979, [a person shall not] offer for sale or sell to a consumer an appliance in stock, that is not exempted by this act, without being able to provide proof that the item was in stock before October 1, 1979 at the retailer's place of business and before June 1, 1979 at the wholesaler's warehouse from which the retailer purchased the item. As used in this subdivision, 'in stock' means physically present and ready for delivery.' [bracketed language inserted] Although the amendatory language of 1979 PA 22, Sec. 2(g), supra, resolves your question, analysis of the amendatory provisions of 1978 PA 562, supra, and 1979 PA 22, supra, gives rise to a further issue relating to the constitutionality of these amendments to the principal statute, 1975 PA 317, supra. 1975 PA 317, supra, as originally enacted, provided for the labeling and testing of appliances, its title declaring its purpose as: 'AN ACT to provide for the labeling of appliances; to prescribe the powers and duties of the public service commission; to provide for testing of appliances; and to provide for remedies and penalties.' 1975 PA 317, supra, Sec. 2, prohibited certain conduct with respect to appliances. (1) The provisions of 1978 PA 562, supra, amended the title and sections 1 and 2 of 1975 PA 317, supra. As amended, the title of 1975 PA 317, supra, declared its purpose as: 'An act to provide for the labeling of appliances; to prohibit certain conduct; to prescribe the powers and duties of the public service commission; to provide for testing of appliances; and to provide for remedies and penalties.' [Added language underscored.] Thus, the title of 1975 PA 317, supra, was amended by 1978 PA 562, supra, to 'prohibit certain conduct' with respect to appliances. (2) However, 1978 PA 562, supra, further amended 1975 PA 317, supra, by the addition of the term 'decorative gas lamp', defined in section 1(b) as: '. . . a device installed for the purpose of illumination by burning natural, mixed, or liquid propane gas and utilizing either a mantle or an open flame. It does not include a portable gas camp lantern or lamp, or a device installed for the purpose of illumination where electricity is not readily available.' 1978 PA 562, supra, further amended 1975 PA 317, Sec. 2, supra, by inserting entirely new language in (c) and (d) (3) to prohibit the following conduct; 'A person shall not: . . . '(c) Offer for sale to a consumer or sell a decorative lamp which uses either natural gas or liquid propane gas as its source of fuel. (d) Offer for sale or sell to a consumer a new appliance which requires for its operation the use of a continuously burning pilot light, except for water heaters, appliances using liquefied gas, and household gas appliances which do not have an electrical line voltage supply cord and have 3 or less continuously burning pilot lights.' Thus, while the title of 1975 PA 317, as amended by 1978 PA 562, supra, declares its purpose as providing for the labeling and testing of appliances, sections 2(c) and (d), supra, of the act prohibit the sale of certain appliances regardless of labeling or testing. Similarly, 1979 PA 22, supra, which further amended 1975 PA 317, supra, amended section 2(d), supra, to further provide that a person shall not: '[o]ffer for sale or sell to a consumer a new appliance which requires for its operation the use of a continuously burning pilot light, except for a water heater or an appliance using liquefied gas.' Const 1963, art 4, Sec. 24, states in part; 'No law shall embrace more than one object, which shall be expressed in its title. . . .' OAG, 1979-1980, No 5485, p ___ (April 26, 1979), addressed Const 1963, art 4, Sec. 4, supra, and stated in relevant part: 'What is the constitutional test? We think it is that a title must embrace the object of the act, and the body of the act must not be inconsistent with the title. The pertinent questions should be: Does the title of the act fairly indicate the purpose of the legislation? Is the title a fair index of the act? Does the title of the act fairly inform the legislators and the public of its purposes, as a whole? [citing Vernor v Secretary of State, 179 Mich 157, 160; 146 NW 338 (1914)] '. . . It is sufficient to say only that the title of a legislative act must give notice to legislators and others interested of the object of the law thereby assuring them that only matters germane to the object expressed in the title will be enacted into law.' 'and in Advisory Opinion re Constitutionality of 1972 PA 294, 389 Mich 441, 465; 208 NW 469 (1973): 'An act may include all matters germane to its object. It may include all those provisions which directly relate to, carry out and implement the principle object. . . . [T]he purpose of this constitutional limitation is to insure that both the legislators and the public have proper notice of legislative content and to prevent deceit and subterfuge.' (Emphasis added) The primary object and purpose of 1975 PA 317, as amended, supra, is to provide for the labeling and testing of appliances. Nothing in the title of 1975 PA 317, as amended, supra, would indicate the purpose of the act as prohibiting sale of certain appliance without regard to labeling or testing. Therefore, I am constrained to conclude that section 2(c) and (d) of amendatory act 1978 PA 562, as amended by 1979 PA 22, supra, violate Const 1963, art 4, Sec. 24, supra, since these provisions have a separate object not expressed in the title of 1975 PA 317, as amended, supra. Although section Sec. 2(c) and (d) of amendatory act 1978 PA 562, as amended by 1979 PA 22, supra, is unconstitutional, the remaining provisions of 1975 PA 317, as amended, supra, are complete, independent and capable of being executed as intended by the legislature, and, therefore, remain constitutional and effective. People v McMurchy, 249 Mich 147; 228 NW 723 (1930); OAG, No 5485, supra; OAG, 1965-1966, No 4275, p 389 (December 23, 1966). Thus, section 2(c) and (d) of amendatory act 1978 PA 562, as amended by 1979 PA 22, supra, may be severed from 1975 PA 317, as amended, supra, without invalidating the remainder of the act. It is, therefore, my opinion that section 2(c) and (d) of amendatory 1978 PA 562, as amended by 1979 PA 22, supra, is unconstitutional. Frank J. Kelley Attorney General (1)
'. . . any item of equipment which provides heating, cooling, cleaning, washing, drying, entertainment, or other services by converting energy in the form of fossil fuels or electricity into thermal energy or work and is generally used in or around a permanent or temporary household or residence, or in a commercial establishment.'
(2)
Defined in 1975 PA 317, Sec. 1(a), supra, as amended by 1978 PA 562, as'. . . an item of equipment which provides heating, cooling, cleaning, washing, drying, entertainment, or other services by converting energy in the form of fossil fuels or electricity into thermal energy or work and is generally used in or around a permanent or temporary household or residence, or in a commercial establishment.'
(3)
Amendatory 1978 PA 562 also rearranged the subsections of 1975 PA 317, Sec. 2, supra, so that former section 2(c) and (d), and the language appearing therein, became section 2(e) and (f), respectively.
[ Previous Page] [ Home Page ]