STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6438

May 21, 1987

CONSTITUTIONAL LAW:

Const 1963, art 4, Sec. 24--notice of repeal in title of public acts

Validity of enactment of various public acts examined under Const 1963, art 4, Sec. 24.

Honorable Phil Arthurhultz

State Senator

The Capitol

Lansing, Michigan

You have requested my opinion as to whether the titles of the following public acts containing so-called "sunset provisions" are deficient under Const 1963, art 4, Sec. 24, such that the public acts or sections of acts will not be repealed, expire, or terminate as provided in the body of the respective acts:

Your request relating to the validity of certain other public acts containing provisions that the acts "shall not apply" after certain dates will be addressed in a separate opinion.

The answer to your question requires analysis of Const 1963, art 4, Sec. 24, as explicated in a series of Attorney General opinions. Const 1963, art 4, Sec. 24, provides:

The letter opinion of the Attorney General (Governor James J. Blanchard [July 2, 1985], to which you have referred in your letter of request, considered whether the title to amendatory 1984 PA 304 complied with Const 1963, art 4, Sec. 24. That title stated that it amended Secs. 301 and 401 of the Workers Disability Compensation Act of 1969 "and to repeal certain acts and parts of acts" where each amended section was to expire on a date certain. The opinion stated:

The opinion concluded that in order to be in compliance with Const 1963, art 4, Sec. 24, the title to a bill to amend a particular section of a statute must give notice to the members of the Legislature and to the people of its purpose, not only of intent to amend particular sections of a statute, but also to repeal those sections on a future date certain.

OAG, 1985-1986, No 6310, p 126 (July 29, 1985), considered the impact of Const 1963, art 4, Sec. 24, on certain other public acts or sections of acts containing prospective expirations, repealers, or nonapplication provisions, but with no notice or insufficient notice thereof was provided in the title of the act. It concluded that the terms nonapplication, expiration, termination, annulment, and abrogation mean, in effect, repeal:

OAG, 1985-1986, No 6310, concluded that in order to be in compliance with Const 1963, art 4, Sec. 24, the title to a public act must give notice to the members of the Legislature and to the people not only of its intent to enact, to amend, or to add legislation, but also of its intent to repeal a particular act or section of an act on a future date certain.

OAG, 1985-1986, No 6402, p 419 (December 1, 1986), is also instructive. In part, it considered the constitutional validity of a repeal on a future date certain of provisions in 1985 PA 103 where the title to this act gave notice of amendment of and the addition of certain sections to the Workers Disability Compensation Act of 1969 and "to repeal certain sections of this act on specific dates; to repeal other parts of this act; and to repeal certain acts and part of acts." The opinion concluded:

Each statute listed above will be examined in light of the aforesaid opinions.

(1) The Single Business Tax Act, 1975 PA 228, MCL 208.1 et seq; MSA 7.558(1) et seq, was amended by 1982 PA 393 to add Sec. 38a, MCL 208.38a; MSA 7.558(38a), to provide that eligible taxpayers can take a credit against the single business tax in an amount equal to the increase in federal unemployment taxes and in subsection (6) thereof further provides that this section shall expire on the January 1 of the year following the November 10 on which certain advances from the federal government had been repaid. The title to 1982 PA 393 gave notice only that 1975 PA 228 was being amended to add Sec. 38a. It gave no notice of the repeal of Sec. 38a on a future date.

Since the title to 1982 PA 393 did not give notice of the expiration of added Sec. 38a on a future date, it was enacted in violation of Const 1963, art 4, Sec. 24. MCL 208.38a; MSA 7.558(38a), subsection (6), providing for the expiration of the section on a future date, is, therefore, invalid. The remainder of the section is severable and is valid. OAG, 1985-1986, No 6310, supra, citing People v McMurchy, 249 Mich 147; 228 NW 723 (1930); OAG 1979-1980, No 5688, p 723 (April 21, 1980).

(2) 1976 PA 308, MCL 287.251 et seq; MSA 13.28(51) et seq, was enacted to provide for the disposal of certain livestock at sites selected by the Director of the Department of Natural Resources. 1976 PA 308, Sec. 8, MCL 287.258; MSA 13.28(58), provides that this Act "shall expire at such time as the purposes of this act have been accomplished." No notice of repeal of the Act was given in the title to 1976 PA 308.

1976 PA 308, Sec. 8, MCL 287.258; MSA 13.28(58), was, therefore, enacted in violation of Const 1963, art 4, Sec. 24, and is invalid. The remaining sections of 1976 PA 308 are severable and may be given effect. OAG, 1985-1986, No 6310, supra.

(3) 1964 PA 289, MCL 388.681 et seq; MSA 15.2299(1) et seq, as amended by 1977 PA 250, was enacted to provide for the study and development of plans for the reorganization of school districts and for elections to accomplish this purpose. 1964 PA 289, Sec. 13, MCL 388.693; MSA 15.2299(13), provided that the Act shall expire on the date of the filing of the final report by the State Commission. The title to 1964 PA 289 gave no notice of repeal of the Act.

1964 PA 289, Sec. 13, MCL 388.693; MSA 15.2299(13), providing for the expiration of 1964 PA 289 is invalid as enacted in violation of Const 1963, art 4, Sec. 24, for failure to give notice of the expiration in the title to 1964 PA 289. The remainder of the Act is severable and is valid. OAG, 1985-1986, No 6310, supra.

(4) 1964 PA 44, MCL 395.31 et seq; MSA 15.832(1) et seq, was enacted to authorize the state board of control for vocational education to accept federal funds as provided under the provisions of federal law. 1964 PA 44, Sec. 4, MCL 395.34; MSA 15.832(4), provides that "the act shall expire when federal funds are no longer available" under the provisions of the Vocational Education Act of 1963. The title to 1964 PA 44 made no reference to the repeal of the Act.

1964 PA 44, Sec. 4, MCL 395.34; MSA 15.832(4), providing for the repeal of 1964 PA 44 is invalid as enacted in violation of Const 1963, art 4, Sec. 24, for failure to give notice of the repeal in the title to 1964 PA 44. The remainder of the Act is severable and valid. OAG, 1985-1986, No 6310, supra.

(5) 1962 PA 198, MCL 395.71 et seq; MSA 15.2090(1) et seq, was enacted to empower the state board of control for vocational education to accept certain federal funds for occupational training or retraining of unemployed or underemployed persons residing in redevelopment areas of the state. 1962 PA 198, Sec. 3, MCL 395.73; MSA 15.2090(3), provides that the "act shall expire when federal funds are no longer available to this state." The title to 1962 PA 198 gave no notice of the repeal of 1962 PA 198.

1962 PA 198, Sec. 3, MCL 395.73; MSA 15.2090(3), providing for the expiration of 1962 PA 198 was invalidly enacted in violation of Const 1963, art 4, Sec. 24, for failure to give notice of the repeal of the Act in the title to 1962 PA 198. The remainder of the Act is severable and is valid. OAG, 1985-1986, No 6310, supra.

(6) 1925 PA 234, MCL 120.1 et seq; MSA 5.2151 et seq, authorizes the establishment of port districts. The Hertel-Law-T. Stopczynski Port Authority Act, 1978 PA 639, MCL 120.101 et seq; MSA 5.2190(1) et seq, authorizes the establishment of port authorities. 1978 PA 639, Sec. 30(1), MCL 120.130; MSA 5.2190(30), provides for the repeal of 1925 PA 234, MCL 120.1 et seq; MSA 5.2151 et seq, but as provided in subsection (2) thereof, that repeal shall not be effected until the constituent bodies of each port authority created under 1925 PA 234 and still in existence on January 11, 1979 have created a new authority pursuant to 1978 PA 639 and the commission for the new authority has been appointed.

In the enactment of a statute, the authority of the Legislature to supplant an earlier act on the same subject is not open to question. The title to 1978 PA 639 gave adequate notice of the repeal of 1925 PA 234 in compliance with Const 1963, art 4, Sec. 24.

It follows that 1978 PA 639, MCL 120.101 et seq; MSA 5.2190(1) et seq, was enacted in accord with Const 1963, art 4, Sec. 24, and the repeal provisions of 1978 PA 639, Sec. 30, MCL 120.130; MSA 5.2190(30), are valid.

(7) The Derezinski-Geerlings Job Development Authority Act, 1975 PA 301, MCL 125.1701 et seq; MSA 3.540(101) et seq, created the Michigan Job Development Authority and prescribed its powers and duties.

The Legislature enacted 1984 PA 270, MCL 125.2001 et seq; MSA 3.541(201) et seq, to provide for the economic development of the state and to create the Michigan Strategic Fund and the Michigan Economic Development Authority. By means of 1984 PA 270, Sec. 92(a), MCL 125.2092(a); MSA 3.541(292)(a), the Legislature repealed the Derezinski-Geerlings Job Development Authority Act.

In the enactment of a statute, the authority of the Legislature to supplant an earlier act on the same subject is not open to question. The title to 1984 PA 270 gave adequate notice, in conformity with Const 1963, art 4, Sec. 24, of the repeal of 1975 PA 301, MCL 125.1701 et seq; MSA 3.540(101) et seq. 1984 PA 270, Sec. 92(a), was validly enacted and 1975 PA 301 is repealed. See, OAG, 1985-1986, No 6402, supra.

(8) 1982 PA 70, MCL 125.1901 et seq; MSA 3.541(1) et seq, created the Michigan Economic Development Authority and prescribed its powers and duties.

The Legislature enacted 1984 PA 270, MCL 125.2001 et seq; MSA 3.541(201) et seq, to provide for the economic development of the state and to create the Michigan Strategic Fund and the Michigan Economic Development Authority. By means of 1984 PA 270, Sec. 92(b); MCL 125.2092(b); MSA 3.541(292)(b), the Legislature repealed 1982 PA 70, MCL 125.1901 et seq; MSA 3.541(1) et seq.

In the enactment of a statute, the authority of the Legislature to supplant an earlier act on the same subject is not open to question. The title to 1984 PA 270 gave adequate notice, in conformity with Const 1963, art 4, Sec. 24, of the repeal of 1982 PA 70, MCL 125.1901 et seq; MSA 3.541(1) et seq. Therefore, MCL 125.2092(b); MSA 3.541(292)(b), was validly enacted and 1982 PA 70 is repealed. See, OAG, 1985-1986, No 6402, supra.

(9) and (18) 1968 PA 11, MCL 395.301 et seq; MSA 15.1026(1) et seq, was enacted to establish a commission on the employment of the handicapped and to prescribe its powers and duties. The Act was amended by 1978 PA 58 to amend the title to 1968 PA 11, in pertinent part, to add the phrase "and to provide for an expiration date for its powers and duties," to amend Secs. 1, 3, 4 and 6 and to add Sec. 8 to 1968 PA 11. It is noted that the Legislature renamed the commission as the Commission on Handicapper Concerns by amendment to Sec. 1.

1968 PA 11, Sec. 8, MCL 395.308; MSA 15.1026(8), provided that the Act shall expire on December 31, 1982, but uncompleted activities of the commission must be completed by the Department of Labor not more than 1 year after expiration of the Act.

It is significant that the amendment to the title of 1968 PA 11 by means of 1978 PA 58 gave explicit notice to and fully informed the members of the Legislature and the people that the Act contained a repeal date for the statutory powers and duties of the commission in complete compliance with Const 1963, art 4, Sec. 24.

As stated in its title, the Legislature enacted 1982 PA 285 to "amend section 8 of Act No. 11 of the Public Acts of 1968 ... being section 395.308 of the Compiled Laws of 1970; and to repeal certain acts and parts of acts." The amendatory act contained an enacting section 2 providing for repeal of 1968 PA 11, Secs. 1-7, to be effective September 30, 1985, and to repeal Sec. 8, effective September 30, 1985. Because the title to 1982 PA 285 did not give notice of the repeal of 1968 PA 11, Secs. 1--8, enacting section 2 was not passed in conformity with Const 1963, art 4, Sec. 24, and is void. OAG, 1985-1986, No 6402, supra.

It is noted that thereafter the Legislature again amended 1968 PA 11 by means of 1985 PA 134 to repeal 1968 PA 11, Sec. 8, MCL 395.308; MSA 15.1026(8). 1985 PA 134 contained an enacting section 2 repealing 1982 PA 282, enacting 2. The title to 1985 PA 134 gave notice only of the repeal of 1968 PA 11, Sec. 8. Therefore, 1985 PA 134, enacting Sec. 2 was not passed by the Legislature in compliance with Const 1963, art 4, Sec. 24. But this conclusion is not determinative in light of the failure of the Legislature to enact 1982 PA 285, enacting Sec. 2 in accordance with Const 1963, art 4, Sec. 24.

Thus, 1968 PA 11, Secs. 1-7, MCL 395.301--395.307; MSA 15.1026(1)--15.1026(7), are valid and in effect.

(10) The Michigan Vehicle Code, 1949 PA 300, Sec. 625j, MSA 257.625j; MSA 9.2325(10), as added by 1982 PA 310, provides for the Michigan Drunk Driving Task Force. As originally added, subsection (7) thereof provides that the "task force shall exist for a period of 2 years from the effective date of the act." As last amended by 1984 PA 348, subsection (7) provides that the task force "shall exist until September 30, 1985."

MCL 257.625j(7); MSA 9.2325(10), contains no provision calling for its repeal. Rather, the Legislature authorized a drunk driving task force on a temporary basis only. On September 30, 1985 the Michigan Drunk Driving Task Force ceased to exist by the limitation imposed in the statute by the Legislature. OAG, 1985-1986, No 6402, supra. Const 1963, art 4, Sec. 24, is, therefore, not implicated.

(11) 1978 PA 260, MCL 393.351 et seq; MSA 17.581(1) et seq, provides for the revision and codification of laws relating to blind persons and the visually handicapped. 1978 PA 260, Sec. 19, MCL 393.369; MSA 17.581(19), provides that the Act shall expire September 30, 1983 unless the Legislature extends the date. The title to 1978 PA 260 gave no notice of the repeal of 1978 PA 260.

The Legislature repealed MCL 393.369; MSA 17.581(19), by means of 1983 PA 141, effective July 18, 1983. The title to 1983 PA 141 gave explicit notice of the repeal of 1978 PA 260, Sec. 19, MCL 393.369; MSA 17.581(19), in conformity with Const 1963, art 4, Sec. 24.

1978 PA 260, Sec. 1--18, MCL 393.351--393.368; MSA 17.581(1)--17.581(18), has not been repealed.

(12) and (13) The Michigan Natural Resources Trust Fund Act, 1985 PA 101, MCL 318.501 et seq; MSA 13.1099(501) et seq, provides for the implementation of Const 1963, art 9, Sec. 35, creating the Michigan Natural Resources Trust Fund.

1985 PA 101, Sec. 15, MCL 318.515; MSA 13.1099(515), repealed the Kammer Recreational Land Trust Fund Act of 1976, 1976 PA 204, MCL 318.401--318.413; MSA 13.1095(21)--13.1095(33), and the Heritage Trust Act of 1982, 1982 PA 327, MCL 318.421--318.434; MSA 13.1099(21)--13.1099(34), effective October 1, 1985.

In the enactment of a statute, the authority of the Legislature to supplant an existing act on the same subject is not open to question. The title to 1985 PA 101 gave adequate notice, in conformity with Const 1963, art 4, Sec. 24, of the repeal of 1976 PA 204 and 1982 PA 327. 1985 PA 101, Sec. 15, MCL 318.515; MSA 13.1099(515), was validly enacted. Therefore, 1976 PA 204 and 1982 PA 327 have been validly repealed.

(14) 1927 PA 150, MCL 207.101 et seq; MSA 7.291 et seq, was enacted to prescribe a privilege tax for the use of the public highways by owners and drivers in Michigan by imposing a specific tax upon the sale or use of motor fuel. 1927 PA 150, Sec. 8(2), MCL 207.108(2); MSA 7.298(2), which provides for certain wholesale distributor credits, was amended by 1985 PA 146, effective November 12, 1985, to delete the provision "and shall not apply after December 31, 1985" so that the pertinent part of this subsection now provides that "[t]his subsection shall take effect January 1, 1984."

The title to 1985 PA 146 gave notice of the amendment to 1927 PA 150, Sec. 8, MCL 207.108; MSA 7.298(2), and conforms with Const 1963, art 4, Sec. 24. Because 1985 PA 146 was validly enacted, 1927 PA 150, Sec. 8, MCL 207.108(2); MSA 7.298(2), is valid and in effect.

(15) The Hospital Capacity Reduction Corporation Act of 1981, 1981 PA 121, MCL 331.701 et seq; MSA 14.18(1) et seq, provides for a nonprofit hospital capacity reduction corporation with the power and duty of promoting policies which will reduce the excess hospital capacity as required under the Public Health Code, 1978 PA 368, Sec. 22154, MCL 333.22154; MSA 14.15(22154). 1980 PA 121, Sec. 13, MCL 331.713; MSA 14.18(13), provides that the Act shall expire December 31, 1985. The title to 1981 PA 121 gave no notice of the repeal of the Act.

Under the reasoning of OAG, 1985-1986, No 6310, supra, MCL 331.713; MSA 14.18(13), was unconstitutionally enacted and is void. The remaining provisions of the Act are severable and valid.

(16) and (17) The Condominium Act, 1978 PA 59, MCL 559.101 et seq; MSA 26.50(101) et seq, relates to condominiums and condominium projects. MCL 559.251--559.255 and 559.257; MSA 26.50(251)--26.50(255) and 26.50(257), provide for investigations and administrative actions relating to violations of the Condominium Act.

The Legislature enacted 1982 PA 538 to amend a number of sections of the Condominium Act, including 1978 PA 59, Sec. 254, MCL 559.254; MSA 26.50(254), and to add a number of sections to the Act. 1982 PA 538 also contained an enacting section 3 which repealed MCL 559.251--559.255 and 559.257; MSA 26.50(251)--26.50(255) and 26.50(257), effective three years after the effective date of the amendatory act. The title to 1982 PA 538 stated the sections to be amended, including MCL 559.254; MSA 26.50(254), the sections to be added and "to repeal certain acts and parts of acts" but gave no notice of the repeal of MCL 559.251--559.255 and 559.257; MSA 26.50(251)--26.50(255) and 26.50(257).

Applying the reasoning and conclusion in OAG, 1985-1986, No 6310, supra, and OAG, 1985-1986, No 6402, supra, enacting Sec. 3 of 1982 PA 538 violates Const 1963, art 4, Sec. 24, and is invalid. The provisions of 1982 PA 538 amending the enumerated provisions of and adding provisions to the Condominium Act may be severed and are valid. OAG, 1985-1986, No 6310, supra.

(18) See (9).

(19) 1980 PA 520, MCL 38.1141 et seq; MSA 3.981(201) et seq, was enacted to create a council on public employee retirement systems. 1980 PA 520, Sec. 8, MCL 38.1148; MSA 3.981(208), provides that the act shall expire September 30, 1986. The title to 1980 PA 520 gave no notice of the repeal of the Act.

It follows that 1980 PA 520, Sec. 8, MCL 38.1148; MSA 3.981(208), was enacted in violation of Const 1963, art 4, Sec. 24, and is void. The remaining provisions of 1980 PA 520, MCL 38.1141 et seq; MSA 3.981(201) et seq, are severable and valid. OAG, 1985-1986, No 6310, supra.

(20) The Library of Michigan Act, 1982 PA 540, MCL 397.11 et seq; MSA 15.1560(1) et seq, created the Library of Michigan within the Legislative Service Bureau. MCL 397.23; MSA 15.1560(13), provides: "Effective October 1, 1986 this act is repealed."

The title to 1982 PA 540 gave notice, in pertinent part, that it was to create the Library of Michigan and "to repeal certain acts and parts of act." It did not give notice that 1982 PA 540 was to be repealed on a future date certain. 1982 PA 540, Sec. 13, MCL 397.23; MSA 15.1560(13), was, therefore, enacted in violation of Const 1963, art 4, Sec. 24, and is void. The remaining provisions of 1982 PA 540 are severable and continue in full force and effect. OAG, 1985-1986, No 6310, supra.

It is noted that the Legislature enacted 1986 PA 98 to amend 1982 PA 540, Sec. 4, MCL 397.14; MSA 15.1560(4), as it relates to the composition of the Board of Trustees of the State Library. Enacting section 2 of 1986 PA 98 repealed 1982 PA 540, Sec. 13, MCL 397.23; MSA 15.1560(13). The fact that the title to 1986 PA 98 was constitutionally defective since it failed to give notice of the repeal of "the act" or "this act," OAG, 1985-1986, No 6402, supra, is not here pivotal in light of the conclusion that MCL 397.23; MSA 15.1560(13), was unconstitutionally enacted and is void.

(21) The Mobile Home Commission Act, 1976 PA 419, MCL 125.1101 et seq; MSA 19.855(1) et seq, created the Mobile Home Commission and provides for the regulation of mobile home dealers and mobile home parks. 1976 PA 419, Sec. 47, MCL 125.1147; MSA 19.855(47), as originally enacted, provided: "This act shall expire 5 years after it is enacted into law."

The title to 1976 PA 419, in pertinent part, expressly gave notice that it was to "provide for the expiration of the act." This form of notice is a good example of how the Legislature should inform its members and the people of the object of a law in fulfillment of Const 1963, art 4, Sec. 24.

The Legislature amended 1976 PA 419, Sec. 47, MCL 125.1147; MSA 19.855(47), by means of 1981 PA 168 to fix the date of repeal of the Act on January 10, 1987. The title to 1981 PA 168 gave notice of intent to amend 1976 PA 419, Sec. 47, MCL 125.1147; MSA 19.855(47), and restated the title of 1976 PA 419 which indicated that the Act contained a provision for its repeal. Thus, 1981 PA 168 was enacted in compliance with Const 1963, art 4, Sec. 24.

As indicated in its title, the Legislature enacted 1986 PA 299 to amend sections 4, 5, 7 and 25 of 1976 PA 419 and "to repeal certain acts and parts of act." Enacting section 2 of 1986 PA 299 repealed 1976 PA 419, Sec. 47, MCL 125.1147; MSA 19.855(47). Since the title to 1986 PA 299 gave no notice of the repeal of Sec. 47 of 1976 PA 419, its enactment violated Const 1963, art 4, Sec. 24, and enacting section 2 is a nullity. OAG, 1985-1986, No 6310, supra, and OAG, 1985-1986, No 6402, supra.

Therefore, 1976 PA 419, MCL 125.1101 et seq; MSA 19.855(1) et seq, expired on January 10, 1987.

(22) The Vehicle Emissions Inspection and Maintenance Act, 1980 PA 83, MCL 257.1051 et seq; MSA 9.2627(1) et seq, provides for a mandatory motor vehicle emissions inspection and maintenance program in specified areas of the state. 1980 PA 83, Sec. 23, MCL 257.1073; MSA 9.2627(23), provides that the "act shall expire December 31, 1987." The title to 1980 PA 83 gave no notice of the repeal of the Act.

Under the reasoning of OAG, 1985-1986, No 6310, supra, 1980 PA 83, Sec. 23, MCL 257.1073; MSA 9.2627(23), was enacted in violation of Const 1963, art 4, Sec. 24, and is void. The remaining provisions of 1980 PA 83, MCL 257.1051 et seq; MSA 9.2627(1) et seq, are severable and valid.

(23) 1984 PA 423, MCL 299.701 et seq; MSA 13.29(71) et seq, was enacted to provide for the registration and regulation of certain underground storage tanks by the Department of Natural Resources. 1984 PA 423, Sec. 6, MCL 299.706; MSA 13.29(76), provides that the "act shall expire December 31, 1987." The title to 1984 PA 423 gave no notice of the repeal of the Act.

Under the reasoning of OAG, 1985-1986, No 6310, supra, 1984 PA 423, Sec. 6, MCL 299.706; MSA 13.29(76), was enacted in violation of Const 1963, art 4, Sec. 24, and is void. The remaining provisions of 1984 PA 423, MCL 299.701 et seq; MSA 13.29(71) et seq, are severable and valid.

(24) The Public Health Code, 1978 PA 368, MCL 333.1101 et seq; MSA 14.15(1103) et seq, was enacted to protect and promote the public health. The Public Health Code was amended by 1980 PA 293, in part, to add Part 214, Secs. 21401--21421, MCL 333.21401--333.21421; MSA 14.15(21401)--14.15(21421), to provide for the regulation of hospices and at MCL 333.21421; MSA 14.15(21421), provided that "[t]his part shall expire 7 years after its effective date." The title to amendatory 1980 PA 293, in pertinent part, gave notice only of intent to "add part 214" and no notice of the repeal of Part 214 on a future date certain.

The reasoning of OAG, 1985-1986, No 6310, supra, is controlling in this situation. Failure to give notice in the title to 1980 PA 293 of the expiration of Part 214 on a future date certain resulted in the enactment of MCL 333.21421; MSA 14.15(21421), in violation of Const 1963, art 4, Sec. 24. MCL 333.21421; MSA 14.15(21421), is, therefore, void. The remaining portions of 1980 PA 293 may be severed and remain in force and effect.

(25) The Michigan Sesquicentennial Act, 1984 PA 266, MCL 399.21 et seq; MSA 3.545(21) et seq, provides for the creation and functioning of the Michigan Sesquicentennial Commission and office. 1984 PA 266, Sec. 10, MCL 399.30; MSA 3.545(30), provides that the act "shall expire on March 31, 1988." The title to 1984 PA 266 contains no notice of the repeal of the Act.

Under the reasoning of OAG, 1985-1986, No 6310, supra, MCL 399.30; MSA 3.545(30), was enacted in violation of Const 1963, art 4, Sec. 24, and is void. The remaining provisions of 1984 PA 266, MCL 399.21 et seq; MSA 3.545(21) et seq, are severable and valid.

(26) The City Utility Users Tax Act, 1970 PA 198, MCL 141.801 et seq; MSA 5.3194(301) et seq, permits the imposition and collection by cities of a population of one million or more of a utility users tax. As originally enacted, 1970 PA 198, c 1, Sec. 7, MCL 141.807; MSA 5.3194(307), provided that the Act shall expire on December 31, 1972. The title to 1970 PA 198 gave no notice of the repeal of the Act on a future date certain.

1970 PA 198, c 1, Sec. 7, MCL 141.807; MSA 5.3194(307), was amended by 1972 PA 309 to substitute the date "June 30, 1975" for "December 31, 1972," by 1975 PA 118 to substitute the date "June 30, 1979" for June 30, 1975," by 1979 PA 34 to substitute the date "December 31, 1981" for "June 30, 1979," by 1981 PA 108 to substitute the date "December 31, 1986" for "December 31, 1981" and by 1984 PA 349 to substitute the date "June 30, 1988" for "December 31, 1986." The titles to 1972 PA 309, 1975 PA 118, 1981 PA 108 and 1984 PA 349 gave notice only of the amendment to 1970 PA 198, c 1, Sec. 7, MCL 141.807; MSA 5.3194(307), and no notice of repeal of 1970 PA 198, MCL 141.801 et seq; MSA 5.3194(301) et seq. 1979 PA 34, 1981 PA 108, and 1984 PA 349 gave notice of amendment of 1970 PA 198, c 1, Secs. 2 and 7, but no notice of the repeal of 1970 PA 198, MCL 141.801 et seq; MSA 5.3194(301) et seq.

Under the reasoning of OAG, 1985-1986, No 6310, supra, 1970 PA 198, c 1, Sec. 7, MCL 141.807; MSA 5.3194(307), was enacted in violation of Const 1963, art 4, Sec. 24, and is void. The remaining provisions of 1970 PA 198, MCL 141.801 et seq; MSA 5.3194(301) et seq, are severable and valid.

1972 PA 309 and 1975 PA 118 are invalid for the same reasons. The amendment of 1970 PA 198, c 1, Sec. 7, MCL 141.807; MSA 5.3194(307), by 1979 PA 34, 1981 PA 108, and 1984 PA 349 are similarly invalid although the remaining provisions of these amendatory acts are severable and valid. OAG, 1985-1986, No 6310, supra.

(27) The McCauley-Traxler-Law-Bowman Lottery Act, 1972 PA 239, MCL 432.1 et seq; MSA 18.969(1) et seq, provides for the establishment and operation of a state lottery. As originally enacted, the Act contained no provision for its repeal on a future date certain.

The Legislature amended 1972 PA 239, Sec. 5, MCL 432.5; MSA 18.969(5), to add a subsection (3) to read: "This act shall not be effective after July 1, 1976." The title to 1974 PA 210 gave notice only of the amendment to 1972 PA 239, Sec. 5, but no notice of the repeal of the Act. 1976 PA 177 amended 1972 PA 239, Sec. 5(3), to substitute "July 1, 1980" for "July 1, 1976." The title to 1976 PA 177 gave notice only of the amendment of 1972 PA 239, Sec. 5, but no notice of repeal of the Act on a future date certain. A similar amendment was made to 1972 PA 239, Sec. 5(3), by 1980 PA 80 to substitute "July 1, 1984" for "July 1, 1980." The title gave notice of the amendment of 1972 PA 239, Sec. 5, but no notice of the repeal of the Act on a future date certain. Finally, the Legislature enacted 1984 PA 144 to amend 1972 PA 239, Sec. 5(3), to substitute "July 1, 1988" for "July 1, 1984." The title to 1984 PA 144 gave notice of the amendment of 1972 PA 239, Sec. 5, but no notice of repeal of the Act on a future date certain.

Under the reasoning of OAG, 1985-1986, No 6310, supra, the repeal provisions of 1974 PA 210, 1976 PA 177, 1980 PA 80, and 1984 PA 144 were enacted in violation of Const 1963, art 4, Sec. 24, and are void. The remaining provisions of these Acts are severable and valid.

(28) The Worker's Disability Compensation Act of 1969, 1969 PA 317, MCL 418.101 et seq; MSA 17.237(101) et seq, revised and consolidated the laws relating to worker's disability compensation. The Worker's Disability Compensation Act of 1969 was amended by 1985 PA 103, in part, to add MCL 418.266; MSA 17.237(266), a repeal section, which repealed MCL 418.251; MSA 17.237(251), MCL 418.255; MSA 17.237(255), MCL 418.261; MSA 17.237(261), MCL 418.265; MSA 17.237(265), MCL 418.851a; MSA 17.237(851a), and MCL 418.859; MSA 17.237(859), as of July 1, 1989 or when there are no more cases to be decided by the Appeal Board, whichever occurs first.

OAG, 1985-1986, No 6402, supra, considered the constitutionality of 1985 PA 103 within the criteria of Const 1963, art 4, Sec. 24, relating to the repeal of Secs. 301 and 401 of the Worker's Disability Compensation Act of 1969 and concluded that 1985 PA 103 was constitutionally enacted in light of the notice in its title "to repeal certain sections of this act on specific dates." Applying the same reasoning, the title to 1985 PA 103 comports with Const 1963, art 4, Sec. 24, and the repeal of MCL 418.251, 418.255, 418.261, 418.265, 418.851a, 418.859; MSA 17.237(251), 17.237(255), 17.237(261), 17.237(265), 17.237(851a), and 17.237(859), is valid.

(29) The Public Health Code, 1978 PA 368, MCL 333.1101 et seq; MSA 14.15(1101) et seq, was enacted to protect and promote the public health. The Public Health Code was amended by 1981 PA 79, in part, to add Part 207, Secs. 20701--20773, MCL 333.20701--333.20773; MSA 14.15(20701)--14.15(20773), which provides for the regulation of emergency medical services. Section 20773, MCL 333.20773; MSA 14.15(20773), provides that "[t]his part [207] expires September 30, 1989." The title to amendatory 1981 PA 79 gave notice only of intent to add Part 207, but gave no notice of the repeal of Part 207 on a future date certain.

The reasoning of OAG, 1985-1986, No 6310, supra, is controlling. Failure to give notice of the expiration of Part 207 on a future date certain in the title to 1981 PA 79 compels the conclusion that MCL 333.20773; MSA 14.15(20773), was enacted in violation of Const 1963, art 4, Sec. 24. The section is, therefore, void. The remaining portions of 1981 PA 79 may be severed and are valid.

(30) The State Transportation Preservation Act of 1976, 1976 PA 295, MCL 474.51 et seq; MSA 22.180(21) et seq, provides for the improvement and maintenance of transportation services in this state. As originally enacted, MCL 474.67; MSA 22.180(37), authorized the provision of financial assistance, within the limits of funds appropriated by the Legislature, for operation, maintenance and support of facilities of intercity bus and ferry carriers. MCL 474.67; MSA 22.180(37), was amended by 1982 PA 288 to permit financial assistance for facilities of rail freight and marine freight transportation within the terms and conditions of the funds appropriated by the Legislature, or otherwise obtained for leases, loans, and purchases for improvement, maintenance and support of facilities of rail freight and marine freight transportation. Some of this assistance was authorized in the form of a loan contract and repayment of funds from such contract shall be deposited in the state treasury and held as a separate fund to be administered within the limits and conditions of funds appropriated by the Legislature.

MCL 474.67; MSA 22.180(37), provides that the fund shall terminate on January 1, 1990, with the unused funds being transferred to the comprehensive transportation fund. MCL 474.67; MSA 22.180(37), was rewritten by 1984 PA 210, but the quoted portion was not changed.

Until January 1, 1990, financial assistance may be provided for such transportation purposes (1) from moneys appropriated for such purposes, and (2) from the fund established in the treasury for such purposes, provided that financial assistance from the fund must meet the same limitations and conditions imposed by the Legislature for assistance from appropriated moneys. After January 1, 1990, financial assistance will no longer be provided from the fund because moneys in the fund will be transferred to the comprehensive transportation fund. However, financial assistance for such transportation purposes may be provided from moneys appropriated by the Legislature for such purposes.

Thus, 1982 PA 288 does not provide for the repeal of MCL 474.67; MSA 22.180(137), and Const 1963, art, Sec. 24 is not involved.

(31) The Fitzgerald-Elliott Displaced Homemakers Act, 1978 PA 594, MCL 421.101 et seq; MSA 17.56(1) et seq, provides for benefits to displaced homemakers.

As originally enacted, 1978 PA 594, Sec. 11, MCL 421.111; MSA 17.56(11), provided that "[t]his act shall expire September 30, 1983." The title to 1978 PA 594 gave no notice of repeal of the Act on a future date certain. 1978 PA 594, Sec. 11, MCL 421.111; MSA 17.56(11), was amended by 1983 PA 153 to substitute "April 30, 1985" for "September 30, 1983" and by 1985 PA 3 to substitute "October 1, 1991" for "April 30, 1985." The title to 1983 PA 153 gave notice of the amendment of 1978 PA 594, Secs. 2, 3, 7, 9, 11 and 12, but gave no notice of the repeal of 1978 PA 594. The title to 1985 PA 3 gave notice of the amendment to 1978 PA 594, Sec. 11, MCL 421.111; MSA 17.56(11), "and to repeal certain acts and parts of acts," but neither 1978 PA 594, 1983 PA 153, nor 1985 PA 3 gave notice of the repeal of the Act.

The reasoning of the letter opinion of the Attorney General (Governor James J. Blanchard [July 2, 1985], compels the conclusion that MCL 421.111; MSA 17.56(11), was enacted in violation of Const 1963, art 4, Sec. 24. The remaining provisions of 1978 PA 594 and 1983 PA 153 may be severed and are valid. OAG, 1985-1986, No 6310, supra.

It is noted that the Legislature may by bill expressly repeal any act or parts of an act to be effective on whatever date it may select, provided that proper notice of the repeal is conveyed to the members of the Legislature and to the people in the title to the bill as required by Const 1963, art 4, Sec. 24.

Frank J. Kelley

Attorney General