Advisory Opinion Re Constitutionality of 1972 PA 294

1972 PA 294, 208 N.W.2d 469, 389 Mich. 441
CourtMichigan Supreme Court
DecidedJune 18, 1973
Docket16 March Term 1973, Docket No. 54,503
StatusPublished
Cited by266 cases

This text of 1972 PA 294 (Advisory Opinion Re Constitutionality of 1972 PA 294) 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 Re Constitutionality of 1972 PA 294, 1972 PA 294, 208 N.W.2d 469, 389 Mich. 441 (Mich. 1973).

Opinions

M. S. Coleman, J.

FACTS:

On October 31, 1972 the Michigan Legislature enacted PA 294 "to Amend the Title of Act No. 218 of the Public Acts of 1956” and to add Chapter 31 to the Insurance Code of 1956. Two phrases were deleted from the title and two important ones were added, shown as follows:

"AN ACT to revise, consolidate and classify the laws of the state of Michigan relating to the insurance and surety business; to regúlate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers and immunities and to prescribe the conditions on which other persons, firms, corporations and associations engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations, and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and [460]*460associations; to provide for the imposition of a tax on the business of surplus line agents; TO MODIFY TORT LIABILITY ARISING OUT OF CERTAIN ACCIDENTS: TO REQUIRE SECURITY FOR LOSSES ARISING OUT OF CERTAIN ACCIDENTS; to provide for the departmental supervision and regulation of the insurance and surety business within this state; and to provide penalties for the violation of this act, and to repeal certain acts;”

The provisions of the new Chapter 31 which are at issue are set forth in § 3135(1), which reads in part:

"A person remains subject to tort liability for non-economic loss caused by his ownership, maintenance or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function or permanent serious disfigurement.”

The new provisions become effective on October 1, 1973.

By an Executive Message dated November 22, 1972 Governor William G. Milliken, acting pursuant to art 3, § 8, of the Const of 1963, requested of this Court an advisory opinion with respect to the constitutionality of 1972 PA 294, submitting four questions.

By Senate Resolution 336 of November 28, 1972, the Senate also requested an advisory opinion with respect to this act, submitting three questions.

Pursuant to an order of the Court, a preliminary hearing was held on January 16,1973.

By order of February 2, 1973, this Court granted the requests of the Governor and the Senate with respect to a total of three questions1 and requested [461]*461the Attorney General to file briefs on the affirmative and negative sides of each question and in[462]*462vited briefs amicus curiae. Oral arguments were heard on March 9,1973.

The three questions before the Court are:

1. Does the act embrace more than one object in violation of the following Michigan constitutional limitation: "No law shall embrace more than one object, which shall be expressed in its title.” Const 1963, art 4, §24.

2. Does the "modification or amendment by reference of any other Michigan statutory provisions with respect to the substantive law of torts by reason of section 3135” violate the following Michigan constitutional limitation: "No law shall be revised, altered or amended by reference to its title only. The section or sections of the Act altered or amended shall be reenacted and published at length.” Const 1963, art 4, § 25.

3. Are the phrases "serious impairment of body function” and "permanent serious disfigurement” as used in § 3135 of the Act "sufficient for legal interpretation?”

ISSUES:

1.

The first question posed by the Court raises the issue of whether the legislation is unconstitutional as violating art 4, § 24, which reads:

"No law shall embrace more than one object, which shall be expressed in its title. No bill shall be altered or amended on its passage through either house so as to change its original purpose as determined by its total content and not alone by its title.”

[463]*463The provision has been in every Constitution since 1850.

It is the opinion of the Court that the act does not embrace more than one object and that only one is expressed in the title.

Emphasis is given to the fact that the subject matter constitutes a code and that inherently the scope of a code must be broad enough to encompass the various facets necessary to the drafting of. a unified law. If we fail to permit such a design codes may not be enactéd in Michigan so long as the "one-object” limitation is present in the constitution.

The title to that which is known as "The Insurance Code of 1956” (MCLA 500.100 et seq.; MSA 24.1100 et seq.), prior to 1972 included a number of descriptive phrases and provisions all of which related to the insurance and surety business. It was a broad and comprehensive title and was intended, as a reading of it reveals, to cover a comprehensive insurance surety code sectioned from 100 through 8302. It consists of virtually one entire volume of Michigan Compiled Laws Annotated and of Michigan Statutes Annotated.

The title of the Code refers to the consolidation and classification of the insurance-surety business of Michigan, to the regulation of the incorporation of formation of insurance-surety companies, to the admission of foreign companies to do business in Michigan, to the conditions under which the insurance business may operate, to the rights, powers and immunities of businesses operating in the insurance-surety field, to the imposition of a privilege fee on domestic companies and to a tax on foreign companies, to the supervision and regulation of insurance-surety companies within the state and to penalties for violation of the act.

[464]*464This Code intended to and did and does regulate generally and broadly the insurance-surety business of Michigan. The 1972 Legislature determined to regulate further this business in Michigan by modifying to some extent the tort liability arising out of certain accidents and to require security for losses arising out of such accidents.

In the instant case the amendatory language in the title discloses that the object of the Insurance Code is now to include a modification of accidental tort liability which is intrinsic to the "no-fault insurance concept” or "automobile injury reparation reform” concept. The Legislature might have chosen a different statute to which to append an amendment or a new and separate statute might have been enacted — but either choice would have brought on the same criticisms which have been raised here. Almost certainly, it would then have been argued that it was the Insurance Code which should have been amended.

In any event, all possible presumptions should be afforded to find constitutionality. The amended title should be construed reasonably, not narrowly and with unnecessary technicality.

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Cite This Page — Counsel Stack

Bluebook (online)
1972 PA 294, 208 N.W.2d 469, 389 Mich. 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/advisory-opinion-re-constitutionality-of-1972-pa-294-mich-1973.