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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. 6363 May 19, 1986 CONSTITUTIONAL LAW: Const 1963, art 4, Sec. 24--notice in title of repeal of provision authorizing snagging of salmon on date certain SPORTSMEN FISHING LAW: Snagging of salmon in certain rivers SUNSET LAW: Repeal of provision authorizing snagging of salmon MCL 303.11(7); MSA 13.1617(11)(7), which provides for the repeal effective March 29, 1988 of the provision authorizing the snagging of coho (silver) salmon and chinook salmon in designated rivers during certain periods, is unconstitutional as having been enacted in violation of Const 1963, art 4, Sec. 24. Honorable Phil Arthurhultz State Senator The Capitol Lansing, Michigan 48913 Honorable Ed Giese State Representative The Capitol Lansing, Michigan 48913 You have requested my opinion on the question whether 1984 PA 317, which added MCL 303.11; MSA 13.1617(11), to the Michigan Sportsmen Fishing Law, was enacted in conformity with Const 1963, art 4, Sec. 24. MCL 303.11; MSA 13.1617(11), as added by 1984 PA 317, permits coho (silver) salmon and chinook salmon to be caught or snagged in certain designated rivers from September 10 to October 25 in accordance with the provisions thereof. Subsection (7) of MCL 303.11; MSA 13.1617(11), provides: 'This section shall not apply beginning 3 years after the effective date of this section.' It is noted that MCL 303.11; MSA 13.1617(11), became effective on March 29, 1985. The title to 1984 PA 317 provides: 'AN ACT to amend chapter III of Act No. 165 of the Public Acts of 1919, entitled as amended 'An act to protect fish in all the waters over which this state has jurisdiction; to regulate the manner of taking, possession, transportation, size and sale of fish; to regulate the taking and sale of minnows, wigglers, sturgeon, and noxious fish in all waters over which this state has jurisdiction; to provide for the issuing of licenses and permits to take fish from all waters over which this state has jurisdiction and for the disposition of the funds derived therefrom; to define what shall be classed as inland waters; to regulate the manner and method of taking turtles; to provide penalties for the violation of the provisions of this act, and to repeal certain acts relating thereto,' as amended, being sections 303.1 to 303.10 of the Michigan Compiled Laws, by adding section 11.' (Emphasis added.) Const 1963, art 4, Sec. 24, provides: 'No law shall embrace more than one object, which shall be expressed in its title. No bill shall be altered or amended on its passage through either house so as to change its original purpose as determined by its total content and not alone by its title.' OAG, 1985-1986, No 6310, p ___ (July 29, 1985), concluded that a statutory provision which made a portion of a statute not apply after a certain date served to repeal that part of the statute on the date certain. The opinion further concluded that where the Legislature enacted a statute to add a subsection and provided that a part of the added statute would not apply after a date certain, the statute was enacted in violation of Const 1963, art 4, Sec. 24, for failure to give notice in the title of the repeal of the statute. A letter opinion addressed to Governor James J. Blanchard, dated July 2, 1985, considered the validity of 1984 PA 304, which amended MCL 418.301; MSA 17.237(301), and MCL 418.401; MSA 17.237(40), and stated: 'The 'sunset' concept of a statute, by any coloration, amounts to a termination of the statute on a certain date. While the title to 1984 PA 304 gave notice to the members of the Legislature and to the people of its purpose to amend Secs. 301 and 401, it gave no notice that these sections were being legislated out of existence as of June 30, 1985.' (Emphasis in opinion.) While the title to 1984 PA 317 gave notice to members of the Legislature and to the public of the purpose to add Sec. 11 to the Michigan Sportsmen Fishing Law, it gave no notice of intent to repeal Sec. 11 or any other statute on a future date certain. It follows that 1984 PA 317, the title to which provided notice of the addition of MCL 303.11; MSA 13.1617(11), to the Michigan Sportsmen Fishing Law but did not inform the members of the Legislature and the people of the repeal of this statute three years after its effective date, was enacted in violation of Const 1963, art 4, Sec. 24. MCL 8.5; MSA 2.216, provides that acts are declared severable to the end that the remaining portions of statutes which can be given effect without the invalid portions are to be given operative effect. MCL 303.11(1)-(6); MSA 13.1617(11)(1)-(6), are complete, independent, and capable of execution so they are severable. OAG, 1979-1980, No 5688, p 723 (April 21, 1980). In the event that it is the will of the Legislature that MCL 303.11; MSA 13.1617(11), be repealed effective March 29, 1988, there is ample time to accomplish this objective by enactment of a bill repealing MCL 303.11; MSA 13.1617(11), provided the title to the bill conforms to Const 1963, art 4, Sec. 24. It is my opinion, therefore, that MCL 303.11(7); MSA 13.1617(11)(7), which provides for the repeal effective March 29, 1988 of the provision authorizing the snagging of coho (silver) salmon and chinook salmon in designated rivers during certain periods, is unconstitutional as having been enacted in violation of Const 1963, art 4, Sec. 24. Frank J. Kelley Attorney General
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