STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6552

December 2, 1988

CONSTITUTIONAL LAW:

Const 1963, art 4, Sec. 25--amendment of automobile insurance eligibility points statute without re-enactment and publication

MOTOR VEHICLES:

Impact of certain speed limit violations upon eligibility for automobile insurance and lowest automobile insurance premium.

MOTOR VEHICLE INSURANCE:

Eligibility for lowest premium for automobile insurance

The Michigan Vehicle Code, Sec. 628(7), MCL 628.7; MSA 9.2328(7), which bars consideration of a citation or civil infraction determination for exceeding a lawful maximum speed limit of 55 miles per hour by driving 65 miles per hour or less in establishing automobile insurance eligibility or automobile insurance rates, purports to amend the Insurance Code of 1956 without republishing the relevant portions thereof, and is therefore unconstitutional as enacted in violation of Const 1963, art 4, Sec. 25.

Honorable Dick Posthumus

State Senator

The Capitol

Lansing, Michigan 48909

You have requested my opinion on the constitutionality of Sec. 628(7) of the Michigan Vehicle Code, MCL 257.628, MSA 9.2328, added to the Michigan Vehicle Code by 1987 PA 154. You question whether its enactment was contrary to Const 1963, art 4, Sec. 25, which provides:

1987 PA 154, in part, amended Sec. 628 of the Michigan Vehicle Code, MCL 257.628; MSA 9.2328, to provide in subsection (1) for the increase of the maximum speed limit to 65 miles per hour for certain motor vehicles on interstate highways in rural areas and by adding subsection (7) to provide:

Though 1987 PA 154 also amended Sec. 320a of the Michigan Vehicle Code, it did not change subsection (1)(j) thereof that the Secretary of State shall assess 2 points for speed violations of 10 miles per hour or less. MCL 257.320a(1)(j); MSA 9.2020(1)(j). Based upon a plain reading of both Secs. 320a(1)(j) and 628(7) of the Michigan Vehicle Code, the legislative intent is manifest that a person found responsible for violating any law or ordinance by exceeding the lawful maximum speed limit by 10 miles per hour or less shall be assessed 2 points by the Secretary of State, but where the violation consists of exceeding a posted speed of 55 miles per hour by 10 miles per hour or less, these points shall not be considered for automobile insurance eligibility or automobile insurance rate purposes. Thus, Sec. 628(7) is easily reconciled with Sec. 320a of the Michigan Vehicle Code.

However, reconciliation is not possible with subsection (4) of Sec. 2103 of the Insurance Code of 1956, which provides in pertinent part:

The insurance eligibility points referred to in this statute are used to determine eligibility for the lowest automobile insurance premium. In order to be eligible for the lowest automobile insurance premium, a person applying for insurance or renewal of insurance may not have accumulated more than six insurance eligibility points on their driving record for the three-year period immediately preceeding their application. MCL 500.2103(1)(h); MSA 24.12103(1)(h).

Thus, section 628(7) of the Michigan Vehicle Code purports to amend the Insurance Code of 1956, MCL 500.2103(1)(h) and (4)(a)(iii); MSA 24.12103(1)(h) and (4)(a)(iii), without re-enacting and republishing its provisions.

In Alan v Wayne County, 388 Mich 210, 265-266; 200 NW2d 628, 67 ALR3d 1079 (1972), the supreme court held that Const 1963, art 4, Sec. 25 is violated when the Legislature enacts a statute which dispenses with or changes provisions of another act without reenacting and republishing the statute affected. In other words, the Court said in Alan that the Legislature "cannot amend statute C even by putting in statute B specific words to amend statute C, unless [it] republish[es] statute C as well as statute B under Const 1963, art 4, Sec. 25.", Id at 281, applying the rule in Mok v The Detroit Building & Savings Association No. 4, 30 Mich 511 (1875). OAG, 1975-1976, No 4896, p 132 (Sept 9, 1975). Applying this constitutional principle to Sec. 628(7) of the Michigan Vehicle Code reveals that its enactment violates Const 1963, art 4, Sec. 25, for the Legislature cannot amend the Insurance Code of 1956 by amending the Michigan Vehicle Code to add language purporting to amend the Insurance Code of 1956 unless it republishes the relevant portions of the Insurance Code of 1956 to be amended.

It is the policy of the state that statutes be severable unless contrary to the manifest intent of the Legislature. MCL 8.5; MSA 2.216. 1987 PA 154 amended the Michigan Vehicle Code, Sec. 628(1), to increase the maximum speed limit for certain vehicles on rural limited access highways to 65 miles per hour. Subsection (7) is not so connected therewith that it will be presumed that the Legislature would not have enacted the new maximum speed limit without affecting the eligibility points for insurance purposes. People v McQuillan, 392 Mich 511, 542-543; 221 NW2d 569 (1974). Because the remaining provisions of amendatory 1987 PA 154 are complete and capable of execution, they are severable and valid.

It is my opinion, therefore, that the Michigan Vehicle Code, Sec. 628(7), MCL 628.7; MSA 9.2328(7), which bars consideration of the assessment of 2 points for a citation or civil infraction determination for exceeding a lawful maximum speed limit of 55 miles per hour by driving 65 miles per hour or less in establishing automobile insurance eligibility or automobile insurance rates, is unconstitutional as enacted in violation of Const 1963, art 4, Sec. 25.

Frank J. Kelley

Attorney General