Advisory Opinion on Constitutionality of 1975 Pa 301

1975 PA 301, 254 N.W.2d 528, 400 Mich. 270, 1977 Mich. LEXIS 193
CourtMichigan Supreme Court
DecidedJune 10, 1977
DocketDocket 57918
StatusPublished
Cited by17 cases

This text of 1975 PA 301 (Advisory Opinion on Constitutionality of 1975 Pa 301) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Advisory Opinion on Constitutionality of 1975 Pa 301, 1975 PA 301, 254 N.W.2d 528, 400 Mich. 270, 1977 Mich. LEXIS 193 (Mich. 1977).

Opinions

Kavanagh, C. J.

We have been requested to render an advisory opinion on the compliance of the Derezinski-Geerlings Job Development Authority Act with certain provisions of the Michigan Constitution of 1963. The purpose of the legislation (hereinafter PA 301) is stated in § 2 of MCLA 125.1702, MSA 3.540 (102):

"(1) The legislature hereby finds and declares:
(a) That there is a statewide pressing need for programs to alleviate and prevent conditions of unemployment; to preserve existing jobs and create new jobs to meet the employment demands of population growth; to promote the development of present business enterprises and to meet the growing competition for business enterprises; to revitalize and diversify the Michigan economy in general and achieve the goals of economic growth and full employment.
"(b) That, for the preservation and betterment of the health, safety, and general welfare of the people of Michigan, it is necessary to promote and develop new and adequate water and air pollution control and solid waste disposal equipment for the facilities of business enterprises and public utilities located in this state.
"(c) That the goals of full employment and maximum economic growth can best be provided by the promotion, attraction, stimulation, retention, rehabilitation, and revitalization of business enterprises.
"(d) That the present and future health, safety, and general welfare of the people of Michigan require as a public purpose the promotion and development of new and expanded business enterprises, and means to facilitate their compliance with state, national, and local standards for pollution control.
"(e) That the retention, promotion, diversification and development of industry and commerce require additional means of financing, to help existing business [279]*279enterprises expand more rapidly and to promote the location of additional business enterprises in Michigan.
"(f) That the retention and expansion of existing industry and commerce and the acquiring of new industry and commerce to Michigan requires the availability of energy supplies and that, to this end, known sources of energy in Michigan should be developed to the fullest extent possible consistent with environmental protection and ecological preservation.
"(2) It is therefore hereby declared to be the policy of the state of Michigan that to promote the health, safety, right to gainful employment, business opportunities, and general welfare of the residents thereof a body corporate and politic to be known as the Michigan job development authority shall be created to carry out this act and shall exist and operate for the public purpose of alleviating and preventing unemployment by the retention, promotion, and development of industrial buildings, including the sites therefor and machinery and equipment including water and air pollution control and solid waste disposal equipment with respect thereto or for use by business enterprises, including the training and/or retraining of business enterprise employees affected by the expansion or reduction of the labor force resulting from labor efficiency improvements.”

In brief we find:

(1) PA 301 does not violate Const 1963, art 3, § 6 prohibiting state involvement in internal improvements because it provides by law for public internal improvement, an express exception to that constitutional proscription.

(2) PA 301 does not violate Const 1963, art 4, § 25 which prohibits statutory amendments by reference to title only, because PA 301 does not have the amendatory effect asserted.

(3) PA 301 does not violate Const 1963, art 4, § 29 prohibiting enactment of special or local acts without a two-thirds vote of each legislative house and a referendum, because it is a general act.

[280]*280(4) PA 301 does not violate Const 1963, art 4, § 30 which proscribes legislative appropriations of public funds for private purposes without a two-thirds vote in each legislative house because the contemplated appropriation of public moneys to the capital reserve and loan guarantee funds would be for a public and not a private purpose.

(5) That PA 301 does not violate Const 1963, art 9, §§ 12, 15, and 18 because it establishes a public authority to administer a self-liquidating project whose bonds and notes do not evidence a debt of the state requiring compliance with the state borrowing provisions of § 15, nor does the act provide for a pledge of the state’s credit.

We have been aided in this undertaking by the office of the Attorney General which has submitted one brief in support of the conclusion of constitutionality and one brief in support of the conclusion of unconstitutionality and by the Greater Detroit Chamber of Commerce which has filed a brief as amicus curiae supporting the conclusion of constitutionality. We are grateful for this assistance.

Article 3

Michigan’s first Constitution of 1835 stated that internal improvement should be encouraged and that the legislature had the duty to provide therefor. The large debt incurred by the state for the construction of railroads and canals prompted the ban in the Constitution of 1850 on the state’s being a party to or interested in any work of internal improvement, and from subscribing to or being interested in any company, association or corporation, or loaning its credit in aid of any person, association or corporation.

These bans were continued in the constitution of [281]*2811908 but repeated amendments were adopted to provide specific exceptions. After the final amendment in 1946, Const 1908, art 10, § 14 read:

"The state shall not. be a party to, nor be interested in, any work of internal improvement, nor engage in carrying on any such work, except:
"1. In the development, improvement and control of or aiding in the development, improvement and control of public roads, harbors of refuge, water-ways, airways, airports, landing fields and aeronautical facilities;
"2. In the development, improvement and control of or aiding in the development, improvement and control of rivers, streams, lakes and water levels, for purposes of drainage, public health, control of flood waters and soil erosion;
"3. In reforestation, protection and improvement of lands in the state of Michigan;
"4. In the expenditure of grants to the state of land or other property.”

The debate over continuing this ban occupied much of the time of the delegates to the convention which drafted the Constitution of 1963.

This ban was included as Const 1963, art 3, § 6:

"The state shall not be a party to, nor be financially interested in, any work of internal improvement, nor engage in carrying on any such work, except for public internal improvements provided by law.”

The "Address to the People” summed up the intended effect of the section:

"This is a revision of § 14, art X of the present constitution deleting detailed language listing exceptions relative to internal improvements in which the state may engage.

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Bluebook (online)
1975 PA 301, 254 N.W.2d 528, 400 Mich. 270, 1977 Mich. LEXIS 193, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advisory-opinion-on-constitutionality-of-1975-pa-301-mich-1977.