Request for Advisory Opinion, Enrolled House Bill No. 5250 (Being 1975 PA 227), In re, 57623

CourtSupreme Court of Michigan
Writing for the CourtPER CURIAM; T. G. KAVANAGH
Citation235 N.W.2d 321,395 Mich. 148
PartiesIn re REQUEST FOR ADVISORY OPINION, ENROLLED HOUSE BILL NO. 5250 (BEING 1975 PA 227). 395 Mich. 148, 235 N.W.2d 321
Docket NumberNo. 57623,57623
Decision Date25 November 1975

Page 321

235 N.W.2d 321
395 Mich. 148 In re REQUEST FOR ADVISORY OPINION, ENROLLED
HOUSE BILL NO. 5250 (BEING 1975 PA 227).
No. 57623.
395 Mich. 148, 235 N.W.2d 321
Supreme Court of Michigan.
Nov. 25, 1975.

PER CURIAM.

1975 P.A. 227 was enacted on August 27, 1975. Section 200 states:

'Pursuant to article 3, section 8 of the state constitution of 1963, the state supreme court shall rule on the constitutionality of chapters 4, 5, and 6 before January 1, 1976.'

On October 16, 1975, the Clerk of the House of Representatives sent the following letter to the Chief Justice:

'Enclosed are seven copies of Public Act No. 227 of 1975 (Enrolled House Bill No. 5250). I hereby call your attention to section 200 on the last page of the bill.'

Page 322

We have construed this as a request for an [395 MICH 149] advisory opinion and respectfully deny the request without prejudice.

Const.1963, art. 3, § 8 provides that:

'Either house of the legislature or the governor may request the opinion of the supreme court on important questions of law upon solemn occasions as to the constitutionality of legislation after it has been enacted into law but before its effective date.'

As set forth in concurring opinion in Advisory Opinion re Constitutionality of 1972 PA 294, 389 Mich. 441, 482, 483, 208 N.W.2d 469, 483 (1973):

'Michigan's Constitution, thus, restricts advisory opinions to

'--important questions of 'law,'

'--concerning the 'constitutionality' of legislation,

'--'upon solemn occasions' when requested by either house of the Legislature or the Governor,

'--after the legislation has been enacted into law but before the effective date.'

As suggested by the 'important questions of law' requirement, the request for an advisory opinion must 'particularize any claims of unconstitutionality'. Advisory Opinion re Constitutionality of 1972 PA 294, supra, 389 Mich. 441, 484, 208 N.W.2d 469; Advisory Opinion re Constitutionality of 1974 PA 242, 394 Mich. 41, 53, 228 N.W.2d 772 (1975). A request stated too broadly cannot be considered. Advisory Opinion re Constitutionality of 1974 PA 272, 393 Mich. 916 (1975).

Viewed against what the Constitution requires, Section 200 of 1975 P.A. 227 is insufficient to invoke this Court's discretionary power to render an advisory opinion. The request does not specify the 'important questions of law' upon which the House of [395 MICH 150] Representatives wishes us to speak. 1 In addition, the request was made during the enactment...

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