STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6445

June 10, 1987

CONSTITUTIONAL LAW:

Const 1963, art 4, Sec. 24--notice that act, section, or subsection shall not apply after a future date in title of public acts

Validity of enactment of various public acts containing "shall not apply" provisions 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 fail to comply with Const 1963, art 4, Sec. 24, with the result that the public acts, or sections of acts, as the case may be, will continue to be operative after the therein specified dates, despite the fact that such respective public acts or sections of acts contain the words "shall not apply" after future dates certain:

Const 1963, art 4, Sec. 24, provides:

The letter opinion of the Attorney General (Governor James J. Blanchard [July 2, 1985], to which you make reference in your letter of request, considered the question whether the title to amendatory 1984 PA 304 complied with Const 1963, art 4, Sec. 24. Although the title to the Act stated that it was to amend Secs. 301 and 401 of the Worker's Disability Compensation Act of 1969, MCL 418.301 and 418.401; MSA 17.237(301) and 17.237(401), and to repeal certain acts and parts of acts, the body of the Act provided that 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 that amends a particular section of a statute by inserting a "sunset" or expiration date for the section 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 of the intent to repeal those sections on a future date certain.

OAG, 1985-1986, No 6310, p 126 (July 29, 1985), considered the requirements of Const 1963, art 4, Sec. 24, in relation to certain public acts or sections of an act containing prospective expirations, repealers, or nonapplication provisions, but no notice or insufficient notice thereof 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, supra, concluded that in order to comply 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 purpose, to enact, to amend, or to add legislation, but also its intent to repeal a particular act or section of an act on a future date certain.

As to the severability of statutes, OAG, 1985-1986, No 6310, supra, stated:

OAG, 1985-1986, No 6402, p 419 (December 1, 1986), considered the constitutional validity of a repeal on a future date certain provision in 1985 PA 103 where its title gave notice of amendment of and the addition of certain sections to the Worker's 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 parts of acts." The opinion concluded:

In regard to severability of statutes, OAG, 1985-1986, No 6402, supra, stated:

Subsequent to these opinions and in apparent response to OAG, 1985-1986, No 6310, supra, 1986 HB 5607 was introduced and enacted into law as 1986 PA 317 to amend RS 1846, c 1, MCL 8.1 et seq; MSA 2.11 et seq, (an act relating to revising and consolidating the general statutes of the state) to add Sec. 4c to provide:

1986 PA 317 became effective December 26, 1986.

House Legislative Analysis, HB 5607, November 18, 1986, sheds light upon the legislative purpose and deserves to be considered:

This one-paragraph act consisting of two short sentences is the legislative definition of "shall not apply." In essence, it introduces and assigns purported meaning to the words "shall not apply" denoting a new statutory status in the nature of a twilight zone of suspended animation indicative of physical presence in the statutes, but possessing consummate lifelessness in legal effect.

Thus, 1986 PA 317, in practical effect, undertakes to accomplish what appears to be inverse incorporation by reference in the sense that a definition is being supplied after the fact to a hitherto undefined term which has been previously employed without definition in many public acts, including those to which you have referred in your letter of request.

It is submitted that this definitional concept denoting lifeless presence of a statute belongs in the definitions section of each public act in which the term "shall not apply" is used.

It is noted that although the Legislature was aware of OAG, 1985-1986, No 6310, supra, and the fact that the phrase "shall not apply" currently appears in 60 public acts or specific sections of law, the Legislature chose not to pass curative acts to remedy the infirmity in the titles to any acts containing "shall not apply" provisions. Robinson v Harmon, 157 Mich 266, 268; 117 NW 661 (1908). Instead, it elected to enact HB 5607 as 1986 PA 317.

1986 PA 317 did not address the constitutional infirmity set forth in OAG, 1985-1986, No 6310, supra.

Const 1963, art 4, Sec. 24, in pertinent part, provides:

While 1986 PA 317 purported to inform the Legislature and the public that the term "shall not apply" places the portion of a statute to which it applies into a state of suspended animation, it did not address, nor did it avoid, the requirement that a public act providing for a repeal or suspension of the act or certain parts of the act must be noticed in the title. Whether a section or subsection is repealed, or becomes "nonoperative," the result is that the statute, the section, or the subsection of the statute shall no longer be in effect. This is the statutory objective which is required to be noticed in the title of an act. Thus, where "shall not apply" provisions are not properly noticed in the title of a public act, the section or subsection will have been enacted or amended contrary to Const 1963, art 4, Sec. 24, and will have no force or effect.

A kindred opinion, OAG, 1987-1988, No 6438, p ___ (May 21, 1987), observed:

To the possible objection that the placement of appropriate words in the title of an act giving notice that the act, section or subsection of an act shall not apply after a future date certain may be a difficult task, the admonition of the Michigan Supreme Court in Alan v Wayne County, 388 Mich 210, 282; 200 NW2d 628, reh den, 388 Mich 628 (1972); 67 ALR3d 1079, is a worthy answer:

The referenced public acts and corresponding sections containing the nonapplication provision will be analyzed and answered seriatim.

(1) The Coordination of Benefits Act, 1984 PA 64, MCL 550.251 et seq; MSA 24.13671 et seq, provides for the coordination of health benefits where a group disability insurance policy is issued by an insurer in connection with a group disability benefit plan. Act 64, Sec. 3(1)(b); MSA 550.253(1)(b); MSA 24.13673(1)(b), provides for the order of determination of benefits for the dependents of insured persons. The last sentence of Act 64, Sec. 3(1)(b), provides that "[t]his subdivision shall not apply after April 1, 1985." Act 64 failed to give notice that Sec. 3(1)(b), shall not apply after a future date certain.

Since the title to 1984 PA 64 failed to comply with Const 1963, art 4, Sec. 24, the last sentence of Act 64, Sec. 3(1)(b), providing for the nonapplication of Act 64, Sec. 3(1)(b), MCL 550.253(1)(b); MSA 24.13673(1)(b), after April 1, 1985 was not validly enacted and is void. The remainder of 1984 PA 64 is severable and, therefore, the first sentence of Act 64, Sec. 3, MCL 550.253(1)(b); MSA 24.13673(1)(b), is valid. OAG, 1985-1986, No 6310, supra.

(2) The State School Aid Act of 1979, 1979 PA 94, MCL 388.1601 et seq; MSA 15.1919(901) et seq, provides for appropriations to aid in the support of the public schools and the intermediate school districts of the state. Act 94, Sec. 6(4), MCL 388.1606(4); MSA 15.1919(906)(4), defines the "pupil membership count day" for state school aid purposes. As amended by 1984 PA 253, Act 94, Sec. 6(4), in pertinent part, provides:

This subsection was also amended by 1985 PA 144 to substitute the school year "1985-1986" for the year "1984-1985" in the first sentence and amended the last sentence to substitute "September 30, 1986" for "September 30, 1985." The titles to 1984 PA 253 and 1985 PA 144, respectively, gave notice of the amendment to Act 94, Sec. 6, but no notice of the "shall not apply" provision was given. Finally, the Legislature amended Act 94, Sec. 6(4), by means of 1986 PA 212, to delete subsection (c) of Act 94, Sec. 6(4). The title to 1986 PA 212 gave notice of the amendment of Act 94, Sec. 6. Thus, your question is moot and no answer is required.

(3) The Social Welfare Act, 1939 PA 280, MCL 400.1 et seq; MSA 16.401 et seq, provides for the protection of the welfare of the people of this state. Act 280, Sec. 55c; MCL 400.55c; MSA 16.455(4), as added by 1984 PA 156, provides for the establishment of an employment skills training program for general assistance recipients through private employers. In subsection (7), the Legislature has stated that this section "shall not apply after September 30, 1985." The title to 1984 PA 156 gave notice only that Act 280 was being amended to add Sec. 55c, but provided no notice that Act 280, Sec. 55c, shall not apply after a future date certain.

Since the title to 1984 PA 156 failed to comply with Const 1963, art 4, Sec. 24, Act 280, Sec. 55c(7), MCL 400.55c(7); MSA 16.455(4)(7), was not validly enacted and is void. The remainder of 1984 PA 156 is severable and, therefore, Act 280, Sec. 55c(1)-(6); MCL 400.55c; MSA 16.455(4), is valid. OAG, 1985-1986, No 6310, supra.

(4) The Rehabilitation Act of 1964, 1964 PA 232, MCL 395.81 et seq.; MSA 15.859(1) et seq, provides for educational and other services through a vocational rehabilitation program for disabled persons. As originally enacted, Act 232, Sec. 4, which dealt with the provision of vocational rehabilitation services to eligible disabled persons, failed to contain a "shall not apply" provision. Act 232, Sec. 4, MCL 395.84; MSA 15.859(4), was amended by 1982 PA 315 to rewrite its provisions. Subsection (6) thereof contains the following last sentence:

The title to 1982 PA 315 provided notice of its purpose to amend Act 232, Sec. 4, but failed to give notice that certain of its subsections shall not apply after a future date certain.

The last sentence of MCL 395.84(6); MSA 15.859(4)(6), containing the "shall not apply" provision was deleted by 1985 PA 194. The title to 1985 PA 194 gave notice of the amendment of Act 232, Sec. 4. Therefore, your question is moot and no answer is required.

(5) The Michigan Liquor Control Act, 1933 (Ex Sess) PA 8, MCL 436.1 et seq; MSA 18.971 et seq, created a liquor control commission for the control of the alcoholic beverage traffic within the state. As originally added by 1952 PA 316, Act 8, Sec. 19c, MCL 436.19c; MSA 18.990(3), provided for quotas upon the issuance of certain licenses for the sale of alcoholic liquor, but failed to contain a "shall not apply" provision.

Although Act 8, Sec. 19c, has been amended many times, the phrase "shall not apply" was first inserted in Act 8, Sec. 19c, when the Legislature enacted 1982 PA 190 to amend Act 8, Sec. 19c, by adding a subsection (9) to provide: "The number of licenses that may be issued in a city pursuant to this section shall not be reduced because of the results of the 1980 census. This subsection shall not apply after December 31, 1984." The title to 1982 PA 190 provided notice of the amendment of Act 8, Sec. 19c, but failed to give notice that any subsection thereof shall not apply after a date certain. 1983 PA 160 amended Act 8, Sec. 19c, to rewrite the section, but no change was made to the contents of Act 8, Sec. 19c(9), except to renumber it as subsection "(11)." Finally, Act 8, Sec. 19c(11), was amended by 1984 PA 355 to substitute the year "1985" for "1984" and to renumber the subsection as "(13)" instead of "(11)." The title to 1984 PA 355 provided notice of the amendment to Act 8, Sec. 19c, but failed to give notice that any subsection thereof shall not apply after a date certain.

Since 1982 PA 190 and 1983 PA 160 failed to provide notice in its respective title that Act 8, Sec. 19c(9), and later as Sec. 19c(11), shall not apply after December 31, 1984, and 1984 PA 355 failed to give notice in its title that Act 8, Sec. 19c(13), shall not apply after December 31, 1985, the last sentence of Act 8, Sec. 19c(13), MCL 436.19c(13); MSA 18.990(3)(13), as well as its predecessor provisions, Act 8, Sec. 19c(9), and Act 8, Sec. 19c(11), were enacted in violation of Const 1963, art 4, Sec. 24, and are invalid. The remainder of 1982 PA 190, 1983 PA 160, and 1984 PA 355, respectively, are severable and Act 8, Sec. 19c(1)-(13), first sentence, MCL 436.19c; MSA 18.990(3), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(6) The Income Tax Act of 1967, 1967 PA 281, MCL 206.1 et seq; MSA 7.557(101) et seq, was enacted to meet deficiencies in state funds by providing for the imposition of a state income tax. Act 281, Sec. 263, MCL 206.263; MSA 7.557(1263), was added by 1982 PA 208 to provide for a tax credit for agricultural products gleaned from agricultural property after harvest. In subsection (6), the Legislature provided that "[t]he credit allowed under this section shall not apply for tax years commencing after December 31, 1984." The title to 1982 PA 208 provided notice that Sec. 263 was being added to Act 281, but failed to give notice that the tax credit shall not apply for tax years after a future date certain. Act 281, Sec. 263(6), was amended by 1984 PA 417 to substitute "December 31, 1985" for "December 31, 1984" and by 1986 PA 130 to substitute "1988" for "1985." The titles to 1984 PA 417 and 1986 PA 130, respectively, provided notice only of the amendment to Act 281, Sec. 263, but failed to give notice that the tax credit shall not apply after a future date certain.

Because 1982 PA 208, 1984 PA 417, and 1986 PA 130, respectively, failed to comply with Const 1963, art 4, Sec. 24, Act 281, Sec. 263, MCL 206.263(6); MSA 7.557(1263)(6), was not validly enacted and is void. The remainder of 1982 PA 208, 1984 PA 417, and 1986 PA 130, respectively, are severable and, therefore, Act 281, Sec. 263(1)-(5), MCL 206.263; MSA 7.557(1263), is valid. OAG, 1985-1986, No 6310, supra.

(7) 1939 PA 288, c XIIA, Sec. 1 et seq, MCL 712A.1 et seq; MSA 27.3178(598.1) et seq, provides for the organization and jurisdiction of the probate court. Act 288, c XIIA, Sec. 17(4), as amended by 1980 PA 499, MCL 712A.17(4); MSA 27.3178(598.17)(4), provides that a member of a local foster care review board established under state law shall be admitted to probate court hearings involving children. The last sentence of subsection (4) provided that "[t]his subsection shall expire on September 30, 1982." 1982 PA 330 amended Act 288, c XIIA, Sec. 17(4), last sentence, to substitute "1984" for "1982"; 1984 PA 420 amended Act 288, Sec. 17(4), last sentence to substitute "shall not apply" for "expire" and "1986" for "1984"; and 1986 PA 170 amended Act 288, c XIIA, Sec. 17(4), last sentence, to substitute "1989" for "1986." The titles to 1980 PA 499, 1982 PA 330, 1984 PA 420, and 1986 PA 170, respectively, provided notice of the amendment of Act 288, c XIIA, Sec. 17, but failed to give notice of the expiration or the nonapplication of any part thereof on a future date certain.

Since the titles to 1980 PA 499, 1982 PA 330, 1984 PA 420, and 1986 PA 170, respectively, failed to comply with Const 1963, art 4, Sec. 24, the last sentence of Act 288, c XIIA, Sec. 17(4), MCL 712A.17(4); MSA 27.3178(598.17)(4), was not validly enacted and is void. The remainder of 1980 PA 499, 1982 PA 330, 1984 PA 420, and 1986 PA 170, respectively, are severable and, therefore, Act 288, c XIIA, Sec. 17(4), first sentence, MCL 712A.17(4); MSA 27.3178(598.17)(4), is valid. OAG, 1985-1986, No 6310, supra.

(8) 1939 PA 288, c XIIA, Sec. 21(2), as amended by 1980 PA 499, MCL 712A.21(2); MSA 27.3178(598.21)(2), provides that a member of a local foster care review board is an "interested person" for the purposes of filing a petition for a rehearing of a case involving a child. The last sentence of subsection (2) provided that the subsection "shall expire on September 30, 1982." 1982 PA 330 amended Act 288, c XIIA, Sec. 21(2), last sentence, to substitute "1984" for "1982." 1984 PA 420 amended Act 288, c XIIA, Sec. 21(2), last sentence, to substitute "not apply" for "expire" and "1986" for "1984." Finally, 1986 PA 170 amended Act 288, c XIIA, Sec. 21(2), last sentence, to substitute "1989" for "1986." The titles to amendatory 1980 PA 499, 1982 PA 330, 1948 PA 420, and 1986 PA 170, respectively, provided notice of the amendment of Act 288, c XIIA, Sec. 21, but failed to give notice that any part thereof shall expire or shall not apply on a future date certain.

Since the titles to 1980 PA 499, 1982 PA 330, 1984 PA 420, and 1986 PA 170, respectively, failed to comply with Const 1963, art 4, Sec. 24, the last sentence of Act 288, c XIIA, Sec. 21(2), MCL 712A.21(2); MSA 27.3178(598.21)(2), was not validly enacted and is void. The remainder of 1980 PA 499, 1982 PA 330, 1984 PA 420, and 1986 PA 170, respectively, are severable and, therefore, Act 288, c XIIA, Sec. 21(2), first sentence, MCL 712A.21(2); MSA 27.3178(598.21)(2), is valid. OAG, 1985-1986, No 6310, supra.

(9) 1939 PA 288, c XIIA, Sec. 28(2), as amended by 1980 PA 499, MCL 712A.28; MSA 27.3178(598.28)(2), permits a probate court to open case records to a member of a local foster care review board. The last sentence of subsection (2) stated that "[t]his subsection shall expire September 30, 1982." Act 288, c XIIA, Sec. 28(2), last sentence, was amended by 1982 PA 330 to substitute "1984" for "1982" and by 1984 PA 420 to substitute "shall not apply" for "expire" and "1986" for "1984." Finally, Act 288, c XIIA, Sec. 28(2), was amended by 1986 PA 170 to substitute "1989" for "1986." The titles to 1980 PA 499, 1982 PA 330, 1984 PA 420, and 1986 PA 170, respectively, provided notice of the amendment of Act 288, c XIIA, Sec. 28, but failed to give notice that any part of the act shall expire on a future date certain or shall not apply after a future date certain.

Since the titles to 1980 PA 499, 1982 PA 330, 1984 PA 420, and 1986 PA 170, respectively, failed to comply with Const 1963, art 4, Sec. 24, the last sentence of Act 288, c XIIA, Sec. 28(2), MCL 712A.28(2); MSA 27.3178(598.28)(2), was not validly enacted and is void. The remainder of 1980 PA 499, 1982 PA 330, 1984 PA 420, and 1986 PA 170, respectively, are severable and, therefore, Act 288, c XIIA, Sec. 28(2), first sentence, MCL 712A.28(2); MSA 27.3178(598.28)(2), is valid. OAG, 1985-1986, No 6310, supra.

(10) 1973 PA 116, MCL 722.111 et seq; MSA 25.358(11) et seq, provides for the protection of children through the licensing and regulation of child care organizations. Act 116, Sec. 5(5), as amended by 1980 PA 498, MCL 722.115(5); MSA 25.358(15)(5), provides that a licensed child placing agency, child caring institution, or an approved governmental unit shall provide the director of the state and local foster care review boards with records pertaining to children in foster care placement for more than six (6) months. The last sentence of subsection (5) stated that "[t]his subsection shall expire on September 30, 1982." Act 116, Sec. 5(5), was amended by 1982 PA 329 to substitute "1984" for "1982"; by 1984 PA 421 to substitute "shall not apply after September 30, 1986" for "shall expire on September 30, 1984"; and by 1986 PA 169 to substitute "1989" for "1986." The titles to 1980 PA 498, 1982 PA 329, 1984 PA 421, and 1986 PA 169, respectively, provided notice of the amendment to Act 116, Sec. 5, but failed to give notice that a portion of the statute shall expire on a future date certain or shall not apply on a future date certain.

Since the titles to 1980 PA 498, 1982 PA 329, 1984 PA 421, and 1986 PA 169, respectively, failed to comply with Const 1963, art 4, Sec. 24, the last sentence of Act 116, Sec. 5(5), MCL 722.115(5); MSA 25.358(15)(5), was not validly enacted and is void. The remainder of 1980 PA 498, 1982 PA 329, 1984 PA 421, and 1986 PA 169, respectively, are severable and, therefore, Act 116, Sec. 5(5), first sentence, MCL 722.115(5); MSA 25.358(15), is valid. OAG, 1985-1986, No 6310, supra.

(11) 1984 PA 422, MCL 722.131 et seq; MSA 25.360(1) et seq, created a foster care review board and local foster care review boards. Act 422, Sec. 10, MCL 722.140; MSA 25.360(10), as originally enacted, stated: "This act shall not apply after September 30, 1986." The title to 1984 PA 422 failed to give notice that Act 422 shall not apply on a future date certain. Act 422, Sec. 10, MCL 722.140; MSA 25.360(10), was invalidly enacted in violation of Const 1963, art 4, Sec. 24, for failure to give notice in the title that the Act shall not apply on a future date certain. The remainder of Act 422 is severable and is, therefore, valid. OAG, 1985-1986, No 6310, supra.

Act 422, Sec. 10, was amended by 1986 PA 159 to provide that Act 422 is repealed effective October 1, 1989. The title to 1986 PA 159, in pertinent part, gave notice of the amendment to Act 422, Sec. 10, and to repeal certain acts and parts of acts on specific dates, but did not give notice of the repeal of "this" act. It follows that 1986 PA 159 was not enacted in compliance with Const 1963, art 4, Sec. 24, and Act 422, Sec. 10, MCL 722.140; MSA 25.306(10), is invalid. OAG, 1985-1986, No 6402, supra. The remainder of 1986 PA 159 is severable and, therefore, Act 422, Secs. 1-9; MCL 722.131-722.139; MSA 25.360(1)-25.360(9), is valid. OAG, 1985-1986, No 6310, supra.

(12) and (27) The Older Michiganians Act, 1981 PA 180, MCL 400.581 et seq; MSA 2.638(51) et seq, created a commission on services to the aging.

Act 180, Sec. 6a, MCL 400.586a; MSA 2.638(56a), added by 1984 PA 357, establishes an older persons' shared housing program. In subsection (3) of Act 180, Sec. 6a, the Legislature provided that "[t]his section shall not apply after 3 years from its effective date." The title to 1984 PA 357 gave notice that Act 180 was being amended to add Sec. 6a, but failed to give notice that Act 180, Sec. 6a, shall not apply after a future date certain.

Act 180, Sec. 6b, MCL 400.586b; MSA 2.638(56b), was added by 1984 PA 357 to require that a report relating to older people be filed with the appropriate House and Senate committees by a certain date and provides in subsection (2) that "[t]his section shall not apply after 2 years from its effective date." The title to 1984 PA 357 gave notice that Act 180 was being amended to add Sec. 6b, but failed to provide notice that Act 180, Sec. 6b, shall not apply after a future date certain.

Since the title to 1984 PA 357 failed to comply with Const 1963, art 4, Sec. 24, Act 180, Secs. 6a(3) and 6b(2), MCL 400.586a(3) and 400.586b(2); MSA 2.638(56a)(3) and 2.638(56b)(2), were not validly enacted and are void. The remainder of 1984 PA 357 is severable and, therefore, Act 180, Secs. 6a(1) and (2) and 6b(1); MCL 400.586a and 400.586b; MSA 2.638(56a) and 2.638(56b), are valid. OAG, 1985-1986, No 6310, supra.

(13) 1978 PA 541, MCL 18.401 et seq; MSA 3.519(1) et seq, created the State Commission on Criminal Justice and the Office of Criminal Justice. Act 541, Sec. 6, MCL 18.406; MSA 3.519(6), as originally enacted, provided: "This act shall expire on January 1, 1983." The title to 1978 PA 541 failed to give notice of the expiration of Act 541 on a future date certain.

Act 541, Sec. 6, was amended by 1982 PA 411 to substitute "not apply after December 31, 1983" for "expire on January 1, 1983" and by 1984 PA 171 to substitute "March 30, 1987" for "December 31, 1983." The title to 1982 PA 411 gave notice of the amendment to Act 541, Sec. 6, but failed to give notice that Act 541 shall not apply after a future date certain. The title to 1984 PA 171 provided notice of the amendment to Act 541, Sec. 6, and to repeal acts and certain acts, but it failed to give notice that certain sections of Act 541 shall not apply after a future date certain.

Since the titles to Act 541, 1982 PA 411, and 1984 PA 171, respectively, do not conform to Const 1963, art 4, Sec. 24, Act 541, Sec. 6 was neither validly enacted nor amended and is void. The remainder of Act 541, 1982 PA 411, and 1984 PA 171, respectively, are severable and, therefore, Act 541, Secs. 1-5; MCL 18.401-18.405; MSA 3.519(1)-3.519(5), is valid. OAG, 1985-1986, No 6310, supra, and OAG, 1985-1986, No 6402, supra.

(14) The Business Coordination Procedures Act, 1982 PA 141, MCL 445.11 et seq; MSA 3.541(101) et seq, created an office of business permits within the Department of Commerce to provide comprehensive information on permits required for business undertakings within the state. Act 141, Sec. 14, MCL 445.24; MSA 3.541(114), provides: "This act shall not apply 5 years after the effective date of this act." The Business Coordination Procedures Act was ordered to take immediate effect on April 27, 1982. The title to 1982 PA 141 failed to provide notice that the Act shall not apply after a future date certain.

Since the title to 1982 PA 141 fails to comply with Const 1963, art 4, Sec. 24, Act 141, Sec. 14, MCL 445.24; MSA 3.541(114), was not validly enacted and is void. The remainder of Act 141 is severable and Act 141, Secs. 1-13, MCL 445.11-445.23; MSA 3.541(101)-3.541(113), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(15) The Public School Employees Retirement Act of 1979, 1980 PA 300, MCL 38.1301 et seq; MSA 15.893(111) et seq, provides a retirement system for the public school employees of this state. Act 300, Sec. 64, MCL 38.1364; MSA 15.893(174), provides for the purchase by members of certain service credit. 1984 PA 428 rewrote Act 300, Sec. 64, in part, to provide in subsection (7) that a person who became a retirant or deferred member on or before December 28, 1984 shall be entitled to purchase service credit for the employment or service described in, and as provided in, subsections (4) and (5). The last sentence of subsection (7) provides: "This subsection shall not apply after June 30, 1987." The title to 1984 PA 428 provided notice that Act 300, Sec. 64 was being amended, but failed to give notice that any subsection of Act 300, Sec. 64, shall not apply after a future date certain. By means of 1986 PA 123, the Legislature amended Act 300, Sec. 64, but not in pertinent part. While 1986 PA 123 amended Act 300, Sec. 64, and reenacted subsection (7) without change, it failed to give notice that its provisions shall not apply after a future date certain.

Since the titles to 1984 PA 428 and 1986 PA 123, respectively, failed to comply with Const 1963, art 4, Sec. 24, the last sentence of Act 300, Sec. 64(7), was not validly enacted and is, therefore, void. The remainder of 1984 PA 428 and 1986 PA 123, respectively, are severable and Act 300, Sec. 64(7), sentences 1-3, MCL 38.1364; MSA 15.893(174), is valid. OAG, 1985-1986, No 6310, supra.

(16), (30), (31), and (32) The Insurance Code of 1956, 1956 PA 218, MCL 500.100 et seq; MSA 24.1100 et seq, provides for the revision, consolidation and classification of laws relating to the insurance and surety business. Act 218, Sec. 3405, MCL 500.3405; MSA 24.13405, as added by 1984 PA 280, authorizes insurers writing disability insurance to enter into prudent purchaser agreements. Subsection (4) permits such insurers to make certain payments to health care providers who are not members of the provider panel. Subsection (d) of Act 218, Sec. 3405(4), states that the subsection shall not apply after July 1, 1987. In subsection (8) of Act 218, Sec. 3405, the Legislature has provided: "This section shall not apply after July 1, 1988."

Act 218, Sec. 3631, MCL 500.3631; MSA 24.13631, as added by 1984 PA 280, authorizes insurers writing group disability insurance or family expense insurance to enter into prudent purchaser agreements. Subsection (7) permits such insurers to make certain payments to health care providers who are not members of the provider panel. Subsection (d) thereof provides that subsection (7) of Act 218, Sec. 3631, shall not apply after July 1, 1987. Subsection (11) of Act 218, Sec. 3631, MCL 500.3631(11); MSA 24.13631(11), provides that "[t]his section shall not apply after July 1, 1988."

Act 218, Sec. 3709, MCL 500.3709; MSA 24.13709, as added by 1984 PA 280, authorizes insurers writing health insurance to enter into prudent purchaser agreements. Subsection (7) permits such insurers to make certain payments for persons 65 years and over to health care providers who are not members of the health care provider panel. Subsection (d) thereof specifies that subsection (7) shall not apply after July 1, 1987. In subsection (11) of Act 218, Sec. 3709, the Legislature provided that "[t]his section shall not apply after July 1, 1988."

The title to 1984 PA 280 provided notice that Secs. 3405, 3631, and 3709 were being added to Act 218, but failed to give notice that these sections and certain subsections thereof shall not apply after future dates certain.

Since the title to 1984 PA 280 failed to comply with Const 1963, art 4, Sec. 24, Act 218, Secs. 3405(4)(d) and (8), 3631(7)(d) and (11), and 3709(7)(d) and (11), were not validly enacted and are void. The remainder of 1984 PA 280, is severable and, therefore, the remainder of Act 218, Secs. 3405(1)-(7), 3631(1)-(10), and 3709(1)-(10), MCL 500.3405, 500.3631, and 500.3709; MSA 24.13405, 24.13631, and 24.13709, are valid. OAG, 1985-1986, No 6310, supra.

(17) and (34) 1939 PA 108, MCL 550.301 et seq; MSA 24.591 et seq, which provided for the regulation of nonprofit medical care corporations, was repealed by The Nonprofit Health Care Corporation Reform Act, 1980 PA 350, Sec. 703(a); MCL 550.1703(a); MSA 24.660(703)(a), effective April 3, 1981. The title to 1980 PA 350, which stated that the Act was to provide for the incorporation of nonprofit health care corporations and to repeal certain acts and parts of acts, conformed with Const 1963, art 4, Sec. 24, since the Legislature gave notice it was supplanting an act in the same subject area.

On April 2, 1981, however, the Ingham County Circuit Court enjoined the enforcement of The Nonprofit Health Care Corporation Reform Act and further ordered the parties to comply with the existing enabling acts, 1939 PA 108 and 1939 PA 109, as amended. Blue Cross & Blue Shield of Michigan v Governor, 422 Mich 1, 10; 367 NW2d 1, app dis, 474 US ----; 106 S Ct 40; 88 L Ed 2d 33 (1985). During the period when the enforcement of 1980 PA 350 was enjoined by the Ingham County Circuit Court, Act 108 was amended by 1984 PA 231, in part, to add Sec. 10a, MCL 550.310a; MSA 24.600(1), to authorize medical care corporations to enter into prudent purchaser agreements. In subsection (9), such medical care corporations were permitted to make certain payments to health care providers who are not members of a provider panel. Subdivision (d) of subsection (9) provided: "This subsection shall not apply after July 1, 1987."

The Michigan Supreme Court in Blue Cross & Blue Shield of Michigan v Governor, 422 Mich at 97, ordered the Ingham County Circuit Court to dissolve the injunction against the enforcement of The Nonprofit Health Care Corporation Reform Act. An order dissolving the injunction was entered on August 28, 1985.

Thus, 1939 PA 108, Sec. 10a, MCL 550.310a; MSA 24.600(1), as added by 1984 PA 231, was repealed by The Nonprofit Health Care Corporation Reform Act, effective August 28, 1985. It follows that your question is moot.

(18) and (36) 1939 PA 109, MCL 550.501 et seq; MSA 24.621 et seq, was repealed by the Nonprofit Health Care Corporation Reform Act, 1980 PA 350, Sec. 703(b); MCL 550.1703(b); MSA 24.660(703)(b), effective April 3, 1981. The title to 1980 PA 350, which stated, in part, that the Act was to provide for the incorporation of nonprofit health care corporations and to repeal certain acts and parts of acts conformed with Const 1963, art 4, Sec. 24, since it gave notice that it was supplanting an act in the same subject area.

On April 2, 1981, however, the Ingham County Circuit Court enjoined the enforcement of The Nonprofit Health Care Corporation Reform Act and further ordered the parties to comply with the existing acts, 1939 PA 108 and 1939 PA 109, as amended. Blue Cross & Blue Shield of Michigan v Governor, 422 Mich 1, 10; 367 NW2d 1, app dis, 474 US ---; 106 S Ct 40; 88 L Ed 2d 88 (1985). During the period when the enforcement of 1980 PA 350 was enjoined by the Ingham County Circuit Court, Act 109 was amended by 1984 PA 232, in part, to add Sec. 3c, MCL 550.503c; MSA 24.623(c), to authorize nonprofit hospital service corporations to enter into prudent purchaser agreements. In subsection (9), such hospital service corporations were permitted to make certain payments to health care providers who are not members of the provider panel. Subdivision (d) of subsection (9) provided: "This subsection shall not apply after July 1, 1987."

The Michigan Supreme Court in Blue Cross & Blue Shield of Michigan v Governor, 422 Mich at 97, ordered the Ingham County Circuit Court to dissolve the injunction against the enforcement of The Nonprofit Health Care Corporation Reform Act. An order dissolving the injunction was entered on August 28, 1985.

Thus, 1939 PA 109, Sec. 3c, MCL 550.503c; MSA 24.623(3), as added by 1984 PA 232, was repealed by The Nonprofit Health Care Corporation Reform Act, effective August 28, 1985. Therefore, your question is moot.

(19) and (37) The Nonprofit Health Care Corporation Reform Act, 1980 PA 350, MCL 550.1101 et seq; MSA 24.660(101) et seq, provides for the incorporation and regulation of nonprofit health care corporations. 1980 PA 350 was amended, in part, by 1984 PA 230 to add Sec. 502a, MCL 550.1502a; MSA 24.660(502a), to authorize health care corporations to enter into prudent purchaser agreements. In subsection (9), such health care corporations were permitted to make certain payments to health care providers not members of the provider panel. In subdivision (d) thereof, the Legislature has provided that subsection (9) "shall not apply after July 1, 1987." Further, in subsection (14) of Act 350, Sec. 502a, the Legislature has provided that "[t]his section shall not apply after July 1, 1988." The title to 1984 PA 230 provided notice that Act 350 was being amended to add Sec. 502a, but failed to give notice that Sec. 502a or parts thereof shall not apply after future dates certain.

Since the title to 1984 PA 230 failed to comply with Const 1963, art 4, Sec. 24, Act 350, Sec. 502a(9)(d) and (14), MCL 550.1502a(9)(d) and (14); MSA 24.660(502a)(9)(d) and (14), was not validly enacted and is void. The remainder of 1984 PA 230 is severable and, therefore, the remainder of Act 350, Sec. 502a(1)-(13), MCL 550.1502a; MSA 24.660(502a), is valid. OAG, 1985-1986, No 6310, supra.

(20) 1970 PA 201, MCL 38.521 et seq; MSA 5.3372(1) et seq, was enacted to authorize police cadet programs in cities, villages, and townships operating under the provisions of 1935 PA 78. Act 201, Sec. 1, was amended by 1983 PA 19 to add a subsection (2) to permit presently serving police cadets to serve for not more than 6 years. The last sentence of subsection (2) provided that "[t]his subsection shall expire on July 1, 1985." The title to 1983 PA 19 provided notice of the amendment of Act 201, Sec. 1, but no notice of the expiration of Act 200, Sec. 1(2), on a future date certain. The Legislature last amended Act 201, Sec. 1(2), MCL 38.521(2); MSA 5.3372(1)(2), by means of 1985 PA 72 to permit any police cadet serving as a police cadet on or after March 31, 1983 to be entitled to serve as a cadet for not more than 8 years. The last sentence of Act 201, Sec. 1(2), was amended to provide: "This subsection shall not apply on or after July 1, 1987." The title to 1985 PA 72 provided notice of the amendment to Act 201, Sec. 1, but gave no notice that Sec. 1(2) shall not apply after a future date certain.

Since the titles to 1983 PA 19 and 1985 PA 72, respectively, failed to comply with Const 1963, art 4, Sec. 24, the last sentence of Act 201, Sec. 1(2), MCL 38.521(2); MSA 5.3372(1)(2), was invalidly enacted and is void. The remainder of 1983 PA 19 and 1985 PA 72, respectively, are severable and, therefore, Act 201, Sec. 1(2), first sentence, MCL 38.521(2); MSA 5.3372(1)(2), is valid. OAG, 1985-1986, No 6310, supra.

(21) The State School Aid Act of 1979, 1979 PA 94, MCL 388.1601 et seq; MSA 15.1919(901) et seq, makes appropriations to aid in the support of the public schools and intermediate school districts. Act 94, Sec. 101, MCL 388.1701; MSA 15.1919(1001), sets forth certain eligibility requirements for a school district to receive state aid. Act 94, Sec. 101(3), provides that the days when pupil instruction is not provided due to severe storms shall not be counted as days of pupil instruction for state aid purposes. In subsection (4) of Act 94, Sec. 101, as amended by 1984 PA 239, the Legislature has provided that subsection (3) relating to the loss of days shall not apply to a school district which has a collective bargaining agreement obligating the district to compensate employees for days not eligible to be counted as days of pupil instruction. The last sentence of Act 94, Sec. 101(4), provides: "This subsection shall expire July 1, 1987." The title to 1984 PA 239 provided notice, inter alia, that Act 94, Sec. 101, was being amended, but failed to give notice that Act 94, Sec. 101(4), shall expire on a future date certain. Act 94, Sec. 101(4), was last amended by 1986 PA 212 to substitute "does not apply after June 30, 1987" for "shall expire July 1, 1987." The title to 1986 PA 212 provided notice of the amendment to Act 94, Sec. 101, and to repeal certain acts and parts of acts, but failed to give notice that any part of Act 94, Sec. 101, shall not apply after a future date certain.

Since the titles to 1984 PA 239 and 1986 PA 212, respectively, failed to comply with Const 1963, art 4, Sec. 24, the last sentence of Act 94, Sec. 101(4), MCL 388.1701(4); MSA 15.1919(1001)(4), was not validly enacted and is void. The remainder of 1984 PA 239 and 1986 PA 212, respectively, are severable and, therefore, Act 94, Sec. 101(4), sentences 1 and 2, MCL 388.1701(4); MSA 15.1919(1001)(4), is valid. OAG 1985-1986, No 6310, supra.

(22) The State School Aid Act of 1979, 1979 PA 94, MCL 388.1601 et seq; MSA 15.1919(901) et seq, makes appropriations to aid in the support of the public schools and intermediate school districts. Act 94, Sec. 57(1), as added by 1984 PA 239, MCL 388.1657(1); MSA 15.1919(957)(1), provides for certain allocation of funds to school districts for special education purposes. The last sentence of Act 94, Sec. 57(1), provides: "This subsection shall expire September 30, 1987." The title to 1984 PA 239 provided notice that Act 94 was being amended to add Sec. 57 and to repeal certain acts and parts of acts, but no notice was given of either the repeal of "this" act or the expiration of any of its provisions on a future date certain. Act 94, Sec. 57(1), last sentence, was amended by 1986 PA 212 to substitute "not apply after" for "expire." The title to 1986 PA 212 provided notice of the amendment to Act 94, Sec. 57, and the repeal of certain acts and parts of acts, but failed to give notice that the subsection shall not apply after a future date certain.

Since the titles to 1984 PA 239 and 1986 PA 212, respectively, failed to comply with Const 1963, art 4, Sec. 24, the last sentence of Act 94, Sec. 57(1), was not validly enacted and is void. The remainder of 1984 PA 239 and 1986 PA 212, respectively, are severable and, Act 94, Sec. 57(1), sentences 1, 2 and 3, MCL 388.1657(1); MSA 15.1919(957)(1), is, therefore, valid. OAG, 1985-1986, No 6310, supra, and OAG, 1985-1986, No 6402, supra.

(23)-(26) 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. Act 368, Sec. 7336, MCL 333.7336; MSA 14.15(7336), was added by 1982 PA 352 to provide for a patient qualification review board. In subsection (7) of Act 368, Sec. 7336, the Legislature has provided: "This subsection and sections 7212(2), 7214(e), and 7335 shall not apply after November 1, 1987." The title to 1982 PA 352 provided notice that 1978 PA 368 was being amended to add Secs. 7335 and 7336 and to amend Secs. 7212 and 7214, but failed to give notice that Act 368, Secs. 7336, 7212(2), 7214(e), 7335, and parts of 7336, shall not apply after a future date certain.

Since the title to 1982 PA 352 failed to comply with Const 1963, art 4, Sec. 24, Act 368, Sec. 7336(7), MCL 333.7336(7); MSA 14.15(7336)(7), was not validly enacted and is, therefore, void. The remainder of 1982 PA 352 is severable and, therefore, Act 368, Secs. 7212(2), 7214(e), 7335, and 7336(1)-(6); MCL 333.7212(2), 333.7214(e), 333.7335, and 333.7336(1)-(6); MSA 14.15(7212)(2), 14.15(7214)(e), 14.15(7335), and 14.15(7336)(1)-(6), are valid. OAG, 1985-1986, No 6310, supra.

(27) See (12)

(28) The School Code of 1976, 1976 PA 451, MCL 380.1 et seq; MSA 15.4001 et seq, provides for a system of public instruction and for elementary and secondary schools. Act 451 was amended by 1982 PA 284 to add Sec. 902a, MCL 380.902a; MSA 15.4902(1), to provide, upon annexation of a school district located in a county with a population of more than 2 million, for layoff and recall of employees of the school district. The last sentence of Act 451, Sec. 902a, provides: "This section shall not apply after June 30, 1984." The title to 1982 PA 284 provided notice that 1976 PA 451 was being amended to add Sec. 902a, but failed to provide notice that Sec. 902a shall not apply after a future date certain. Act 451, Sec. 902a, was amended by 1985 PA 11 to rewrite the section, to substitute "1988" for "1984," and to number the last sentence as subsection (5). The title to 1985 PA 11 provided notice of the amendment to Act 451, Sec. 902a, but failed to give notice that a section of Act 451 shall not apply after a future date certain.

Since the titles to 1982 PA 284 and 1985 PA 11, respectively, do not comply with Const 1963, art 4, Sec. 24, such provision contained in Act 451, Sec. 902a(5), MCL 380.902a; MSA 15.4902(1), was not validly enacted or amended and is void. The remainder of 1982 PA 284 and 1985 PA 11, respectively, are severable and, therefore, Act 451, Sec. 902a(1)-(4), MCL 380.902a; MSA 15.4092(1), is valid. OAG, 1985-1986, No 6310, supra.

(29) 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. Act 368 was amended by 1984 PA 235 to add Sec. 21054, MCL 333.21054; MSA 14.15(21054), to provide for the regulation of prudent purchaser contracts offered by a health maintenance organization. Subsection (9) of Act 368, Sec. 21054, provides: "This section shall not apply after July 1, 1988." The title to 1984 PA 235 provided notice that Act 368 was being amended to add Sec. 21054, but failed to give notice that Sec. 21054 shall not apply after a future date certain.

Since the title to 1984 PA 235 does not comply with Const 1963, art 4, Sec. 24, Act 368, Sec. 21054(9), MCL 333.21054(9); MSA 14.15(21054)(9), was not validly enacted and is void. The remainder of 1984 PA 253 is severable. Act 368, Sec. 21054(1)-(8), MCL 333.21054; MSA 14.15(21054), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(30), (31), and (32) See (16).

(33) The Prudent Purchaser Act, 1984 PA 233, MCL 550.51 et seq; MSA 24.650(51) et seq, authorizes certain organizations to enter into prudent purchaser agreements with health care providers. Act 233, Sec. 11, MCL 550.61; MSA 24.650(61), provides that "[t]his Act shall not apply after July 1, 1988." The title to 1984 PA 233 failed to give notice that Act 233 shall not apply after a future date certain.

Since the title to 1984 PA 233 fails to comply with Const 1963, art 4, Sec. 24, Act 233, Sec. 11, MCL 550.61; MSA 24.650(61), was not validly enacted and is void. The remainder of Act 233 is severable and is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(34) See (17).

(35) 1963 PA 125, MCL 550.351 et seq; MSA 24.650(1) et seq, provides for the incorporation, supervision, and regulation of nonprofit dental care corporations. Act 125, Sec. 16a, as added by 1984 PA 234, MCL 550.366a; MSA 24.650(16a), authorizes dental care corporations to enter into prudent purchaser agreements. In subsection (4) of Act 125, Sec. 16a, the Legislature has provided that "[t]his section shall not apply after July 1, 1988." The title to 1984 PA 234 gave notice that 1963 PA 125 was being amended to add Sec. 16a, but failed to provide notice that Act 125, Sec. 16a, shall not apply after July 1, 1988.

Since the title to 1984 PA 234 fails to comply with Const 1963, art 4, Sec. 24, Act 125, Sec. 16a(4), MCL 550.366a(4); MSA 24.650(16a)(4), was not validly enacted and is void. The remainder of 1984 PA 234 is severable and Act 125, Sec. 16(1)-(3); MCL 550.366a; MSA 24.650(16a), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(36) See (18).

(37) See (19).

(38) The Michigan Liquor Control Act, 1933 (Ex Sess) PA 8, MCL 436.1 et seq; MSA 18.971 et seq, created a liquor control commission for the control of the alcoholic beverage traffic within the state. Act 8, Sec. 17b, MCL 436.17b; MSA 18.988(2), as added by 1982 PA 171, regulates the issuance of special liquor licenses for certain national sporting events. Act 8, Sec. 17b, was amended by 1983 PA 70 to rewrite the section to provide in subsection (4) that "[t]his section shall not apply after June 26, 1983." The title to 1983 PA 70 provided notice of the amendment to Act 8, Sec. 17b, but failed to give notice that the section shall not apply after a future date certain. The Legislature amended Act 8, Sec. 17b, by means of 1984 PA 141 to substitute "July 31, 1988" for "June 26, 1983." The title to 1984 PA 141 gave notice of the amendment to Act 8, Sec. 17b, but failed to give notice that Act 8, Sec. 17b shall not apply after a certain date.

Since the titles to 1983 PA 70 and 1984 PA 141, respectively, failed to comply with Const 1963, art 4, Sec. 24, Act 8, Sec. 17b(4), MCL 436.17b(4); MSA 18.988(2)(4), was not validly enacted and is void. The remainder of 1983 PA 70 and 1984 PA 141, respectively, are severable and Act 8, Sec. 17b(1)-(3), MCL 436.17b; MSA 18.988(2), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(39) The School Code of 1976, 1976 PA 451, MCL 380.1 et seq; MSA 15.4001 et seq, provides for a system of public instruction and elementary and secondary schools. Act 451 was amended by 1983 PA 118 to add Sec. 692, MCL 380.692; MSA 15.4692, to authorize the electors of intermediate school districts to establish a charter building authority and to authorize the levy of certain taxes for specified periods for the purpose of acquisition and renovation of sites, buildings, and equipment for vocational education purposes. In subsection (6) of Act 451, Sec. 692, the Legislature provided that this section shall not apply after December 31, 1988.

The title to 1983 PA 118 provided notice that 1976 PA 451 was being amended to add Sec. 692, but failed to give notice that Sec. 692 shall not apply after a future date certain.

Since the title to 1983 PA 118 failed to comply with Const 1963, art 4, Sec. 24, the "shall not apply after a future date certain" provision of Act 451, Sec. 692(6), MCL 380.692(6); MSA 15.4692(6), was invalidly enacted and is void. The remainder of 1983 PA 118 is severable and the remainder of Act 451, Sec. 692, MCL 380.692; MSA 15.4692, is, therefore, valid. OAG, 1985-1986, No 6310, supra.

Because the Legislature has in Act 451, Sec. 692(6); MCL 380.692(6); MSA 15.4692(6), limited the authority of the governing body of a charter building authority to levy taxes for such purposes to the tax year that the taxes become a lien no later than December 31, 1988, the Legislature may wish to review Act 451, Sec. 692, MCL 380.1692; MSA 15.4692, to determine whether such tax levy authority should be extended.

(40) The Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 et seq; MSA 3.560(101) et seq, provides for the promulgation, review, and publication of state agency rules and for administrative procedures. Act 306 was amended by 1984 PA 273 to add Sec. 53, MCL 24.253; MSA 3.560(153), to require state agencies to prepare a small business economic impact statement with respect to all agency rules. Subsection (4) provides that "[f]our years after its effective date, this section shall not apply." The effective date of 1984 PA 273 was March 29, 1985. The title to 1984 PA 273 provided notice that Act 306 was being amended to add Sec. 53, but failed to give notice that Sec. 53 shall not apply after a future date certain.

Since the title to 1984 PA 273 failed to comply with Const 1963, art 4, Sec. 24, Act 306, Sec. 53(4), MCL 24.253(4); MSA 3.560(153)(4), was not validly enacted and is void. The remainder of 1984 PA 273 is severable and Act 305, Sec. 53(1)-(3); MCL 24.253; MSA 3.560(153), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(41) The Mental Health Code, 1974 PA 258, MCL 330.1001 et seq; MSA 14.800(1) et seq, codified the statutes relating to mental health. Act 258 was amended by 1984 PA 354 to add Sec. 939, MCL 330.1939; MSA 14.800(939), to create the State Mental Health Advisory Council on Deafness and enumerated its powers and duties. In subsection (6), the Legislature provided that "[t]his section shall not apply after March 31, 1989." The title to 1984 PA 354 provided notice that Act 258 was being amended to add Sec. 939, but failed to give notice that Act 258, Sec. 939, shall not apply after a future date certain.

Since the title to 1984 PA 354 failed to comply with Const 1963, art 4, Sec. 24, Act 258, Sec. 939(6), MCL 330.1939(6); MSA 14.800(939)(6), was not validly enacted and is void. The remainder of 1984 PA 354 is severable and Act 258, Sec. 939(1)-(5); MCL 330.1939; MSA 14.800(939), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(42) The Michigan Vehicle Code, 1949 PA 300, MCL 257.1 et seq; MSA 9.1801 et seq, provides for the registration, titling, sale, transfer, and the regulation of vehicles operated upon the public highways of this state. 1985 PA 1 amended Act 300 to add Sec. 710e, MCL 257.710e; MSA 9.2410(5), to provide for the enforcement of the use of seat belts by occupants in certain motor vehicles operated on a street or highway of this state. Subsection (8) provides:

The title to 1985 PA 1 provided notice that Act 300 was being amended to add Sec. 710e, but failed to give notice that Sec. 710e shall not apply after April 1, 1989, depending upon actions to be taken by the United States government.

Since the title to 1985 PA 1 failed to comply with Const 1963, art 4, Sec. 24, Act 300, Sec. 710e(8), MCL 257.710e(8); MSA 9.2410(5)(8), was not validly enacted and is void. The remainder of 1985 PA 1 is severable and Act 300, Sec. 710e)(1)-(7); MCL 257.710e; MSA 9.2410(5), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(43) The State Food Stamp Distribution Act, 1984 PA 387, MCL 400.751 et seq; MSA 16.523(51) et seq, provides for the establishment of a system for distributing food stamps. Act 387, Sec. 14, MCL 400.764; MSA 16.532(64), provides for the compensation of community action agencies distributing food stamps or their equivalent. In subsection (3), the Legislature has provided: "This section shall not apply after September 30, 1989." The title to 1984 PA 387 failed to give notice that Act 387, Sec. 14, shall not apply after a future date certain.

Since the title to 1984 PA 387 failed to comply with Const 1963, art 4, Sec. 24, Act 387, Sec. 14(3), MCL 400.764(3); MSA 16.532(64)(3), was not validly enacted and is void. The remainder of Act 387 is severable and Act 387, Sec. 14(1) and (2), MCL 400.764; MSA 16.532(64), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(44) 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. Act 368, Sec. 5231(2), as amended by 1984 PA 345, MCL 333.5231(2); MSA 14.15(5231)(2), provides that an individual committed to an inpatient facility for tuberculosis pursuant to an appropriate probate court order shall be considered domiciled in this state at large and the expense of that individual's care shall be paid by the state upon certification by the Department of Public Health. In subsection (4), the Legislature provided: "Five years after its effective date, subsection (2) shall not apply." The effective date of 1984 PA 345 was December 27, 1984. The title to 1984 PA 345 provided notice that Act 368, Sec. 5231, was being amended, but failed to give notice that subsection (2) of Act 368, Sec. 5231 shall not apply after a future date certain.

Since the title to 1984 PA 345 failed to comply with Const 1963, art 4, Sec. 24, Act 368, Sec. 5231(4), MCL 333.5231(4); MSA 14.15(5231)(4), was not enacted validly and is void. The remainder of 1984 PA 345 is severable and Act 368, Sec. 5231(1)-(3); MCL 333.5231; MSA 14.15(5231), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(45) The John C. Hertel Toxic Substance Control Commission Act, 1978 PA 116, MCL 286.181 et seq; MSA 14.529(101) et seq, created the State Toxic Substance Control Commission. As originally enacted, Act 116, Sec. 14(1), MCL 286.194(1); MSA 14.529(114), provided that the Act shall take effect January 1, 1979 and shall expire four years after its effective date. The title to Act 116 failed to provide notice that the Act shall expire on a future date. Act 116, Sec. 14, was rewritten by 1982 PA 336 to provide in subsection (1) that "[t]his act shall take effect January 1, 1979, and expire December 31, 1984." The title to 1982 PA 336 provided notice of the amendment of Act 116, Sec. 14, but no notice of the expiration of the Act on a future date certain. The Legislature amended Act 116, Sec. 14(1), by means of 1984 PA 308 to substitute "shall not apply after December 31, 1989" for "shall expire December 31, 1984." The title to 1984 PA 308 gave notice of the amendment to Act 308, Sec. 14, but failed to give notice that the Act shall not apply after a future date certain.

The titles to 1978 PA 116, 1982 PA 336, and 1984 PA 308, respectively, failed to give notice of the expiration of Act 116 or that Act 116 shall not apply after a future date certain as required by Const 1963, art 4, Sec. 24. Therefore, the expiration provision and "shall not apply" provision, respectively, of Act 116, Sec. 14, were invalidly enacted and are void. The remainder of 1978 PA 116, 1982 PA 336, and 1984 PA 308, respectively, are severable and Act 116, Secs. 1-13, MCL 286.181-286.193; MSA 14.529(101)-14.529(113), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(46) The Environmental Response Act, 1982 PA 307, MCL 299.601 et seq; MSA 13.32(1) et seq, provides for the identification, risk assessment, and priority evaluation of environmental contamination at certain sites in this state. 1984 PA 388 added Sec. 11 to Act 307, MCL 299.611; MSA 13.32(11), to provide for reimbursement to an individual who has replaced a potable water supply that was contaminated or threatened with contamination. Subsection (3) thereof provides that "[t]his section shall not apply after December 31, 1989." The title to 1984 PA 388 provided notice that Act 307 was being amended to add Sec. 11, but failed to give notice that Sec. 11 shall not apply after a future date certain.

Since the title to 1984 PA 388 failed to comply with Const 1963, art 4, Sec. 24, Act 307, Sec. 11(3), MCL 299.611(3); MSA 13.32(11)(3), was not validly enacted and is void. The remainder of 1984 PA 388 is severable and Act 307, Sec. 11(1)-(2), MCL 299.611; MSA 13.32(11), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(47) 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. Act 368, Sec. 21025, as amended by 1982 PA 354, MCL 333.21025(2); MSA 14.15(21025)(2), provides for the visitation or examination of the business and financial operations of a health maintenance organization. In subsection (2)(c), such visitation or examination may take place "[o]nce each licensure period, during the third and subsequent licensure periods," and that "[t]his subdivision shall not apply after December 31, 1989." The title to 1982 PA 354 provided notice that Act 368, Sec. 21025 was being amended, but failed to give notice that Act 368, Sec. 21025(2)(c), shall not apply after a future date certain.

Since the title to 1982 PA 354 failed to comply with Const 1963, art 4, Sec. 24, the last sentence of Act 368, Sec. 21025(2)(c), MCL 333.21025(2)(c); MSA 14.15(21025)(2)(c), was not validly enacted and is void. The remainder of 1982 PA 354 is severable and Act 368, Sec. 21025(2)(a), (b), (c), first sentence, (d) and (e), MCL 333.21025; MSA 14.15(21025), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(48) The Income Tax Act of 1967, 1967 PA 281, MCL 206.1 et seq; MSA 7.557(101) et seq, was enacted to provide for the imposition, levy, computation, and collection, of taxes on or measured by net income. Act 281, Sec. 262, MCL 206.262; MSA 7.557(1262), as added by 1978 PA 605, provides for income tax credits for the purchase and installation of certain solar, wind, or water energy conversion devices. As originally enacted, Act 281, Sec. 262(15), provided: "This section shall terminate December 31, 1983,...." The title to 1978 PA 605 provided notice that Act 281 was being amended to add Sec. 262, but failed to give notice of the termination of the section on a future date certain. The Legislature amended Act 281, Sec. 262, by means of 1979 PA 41 to rewrite its provisions, but made no change in the termination date of the section. The title to 1979 PA 41 gave notice of the amendment of Act 281, Sec. 262, but failed to give notice of the termination of the section on a future date certain. Act 281, Sec. 262, was last amended by 1983 PA 190 to rewrite the section and to provide in subsection (12) that "[t]his section shall not apply for tax years after the 1989 tax year." The title to 1983 PA 190 provided notice of the amendment of Act 281, Sec. 262, but failed to give notice that the section shall not apply after a future date certain.

Since the titles to 1978 PA 605, 1979 PA 41, and 1983 PA 190, respectively, failed to comply with Const 1963, art 4, Sec. 24, the termination provision and the "shall not apply" provision, respectively, of Act 281, Sec. 262, MCL 206.262; MSA 7.557(1262), were not validly enacted and are void. The remainder of 1978 PA 605, 1979 PA 41, and 1983 PA 190, respectively, are severable and Act 281, Sec. 262(1)-(11), MCL 206.262; MSA 7.557(1262), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(49) 1953 PA 232, MCL 791.201 et seq; MSA 28.2271 et seq, revised, consolidated and codified the laws relating to penal institutions, probationers, and the State Department of Corrections. Act 232 was amended by 1984 PA 145 to add Sec. 62b, MCL 791.262b; MSA 28.2322(2), to provide that rules and standards promulgated by the Department of Corrections shall not prohibit the housing of more than two inmates in one cell in a county jail, provided that the enumerated conditions set forth in subsections (1) through (6) are satisfied. Subsection (9) provides: "Subsections (1) to (6) shall not apply after April 30, 1990." The title to 1984 PA 145 provided notice that Act 232 was being amended to add Sec. 62b, but failed to provide notice that Act 232, Sec. 62d(1) to (6) shall not apply after a future date certain.

Since the title to 1984 PA 145 failed to comply with Const 1963, art 4, Sec. 24, Act 232, Sec. 62(b)(9), MCL 791.262b(9); MSA 28.2322(2)(9), was not validly enacted and is void. The remainder of 1984 PA 145 is severable and Act 232, Sec. 62(b)(1)-(8); MCL 791.262b; MSA 28.2322(2), is, therefore, valid. OAG, 1985-1986, No 6310, supra.

(50) 1982 PA 26, MCL 388.811 et seq; MSA 15.2300(1) et seq, provides for emergency financial assistance for certain school districts. Act 26, Sec. 19(2), MCL 388.829(2); MSA 15.2300(19)(2), provides that "[t]his act shall not apply after June 30, 1994." The title to 1982 PA 26 gave no notice that the Act shall not apply after a future date certain.

Because the title to 1982 PA 26 fails to comply with Const 1963, art 4, Sec. 24, Act 26, Sec. 19(2), was not validly enacted and is void. The remainder of Act 26 is severable and is, therefore, valid. OAG, 1985-1986, No 6310, supra.

Frank J. Kelley

Attorney General