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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 6480

November 23, 1987

MOTOR VEHICLES:

Effective date of statute fixing maximum speed limit on certain state highways

STATUES:

Effective date

1987 PA 154, which fixes the maximum speed limit on certain state highways, becomes effective on November 29, 1987.

Honorable Doug Cruce

State Senator

The Capitol

Lansing, MI

You have requested my opinion on the question of the effective date of 1987 PA 154. This Act amends the Michigan Vehicle Code, 1949 PA 300, Sec. 628(1); MCL 257.628(1); MSA 9.2328(1), to fix the maximum speed limit upon certain state highways as follows:

"The maximum speed limit on all highways or parts of highways upon which a maximum speed limit is not otherwise fixed pursuant to this act shall be 55 miles per hour. However, on all highways or parts of highways upon which a maximum speed limit of 65 miles per hour is permitted by federal law, the maximum speed limit shall be 65 miles per hour."

1987 PA 154 provides in pertinent part:

"Section 2. This amendatory act shall take effect upon the expiration of 30 days after the date of its enactment.

"This act is ordered to take immediate effect."

1987 PA 154 was signed by the Governor and filed with the Secretary of State on October 29, 1987.

Because the Legislature gave immediate effect to 1987 PA 154 its October 29, 1987 signing by the Governor and filing with the Secretary of State activated Sec. 2 of that Act making the provisions of 1987 PA 154 effective upon the expiration of 30 days from the date of its enactment. See, Mayer, Effective Date of Michigan Public Acts, 56 Mich St BJ 116 (1977).

The purpose of an effective date ordered by the Legislature is to provide "a date certain for the statute's application." Further, effective dates give notice to affected persons so that they may act in accord with the law. Selk v Detroit Plastic Products (On Resubmission), 419 Mich 32, 35, n 2; 348 NW2d 652 (1984). Undoubtedly, as to 1987 PA 154, the 30-day effective date interval was provided to permit the preparation and posting of highway signs stating the maximum speed limits on the affected highways.

Computation of the 30-day period presents no great problem. The Legislature has provided in 1987 PA 154 Sec. 2 that it "shall take effect upon the expiration or 30 days after the date of its enactment." Pursuant to MCL 8.6; MSA 2.217 "in computing a period of days" with regard to a statute "the first day is excluded and the last day is included." Therefore October 29, 1987, the date the Governor signed 1987 PA 154 and it was filed with the Secretary of State, is not counted. The intervening 30 days are counted, including Sundays and holidays, and the statute is in force on the thirty-first day. See, OAG, 1945-1946, No. O-3395, p 305 (April 10, 1945). Thus, 1987 PA 154 is effective on November 29, 1987.

MCL 8.6; MSA 2.217 also provides that if the last day of any period or a fixed or final day is a Saturday, Sunday, or legal holiday, the day is extended to the next day which is not a Saturday, Sunday, or legal holiday. While November 29, 1987, the date certain for the effectiveness of 1987 PA 154, falls on a Sunday, the intent of the Legislature to make the statute effective on that date is clear and must be respected. The purpose of MCL 8.6; MSA 2.217, was obviously to protect the rights of persons to take action on the last day of a statutory or administrative rule period. It does not bind the Legislature when it sets a specific date or a period of days for a new law to become effective.

It is my opinion, therefore, that 1987 PA 154, which fixes maximum speed limit on certain state highways, becomes effective on November 29, 1987.

Frank J. Kelley

Attorney General


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