Boards of County Road Commissioners v. Board of State Canvassers

218 N.W.2d 144, 391 Mich. 666, 1974 Mich. LEXIS 160
CourtMichigan Supreme Court
DecidedMay 21, 1974
DocketDocket 55,344, 55,366
StatusPublished
Cited by22 cases

This text of 218 N.W.2d 144 (Boards of County Road Commissioners v. Board of State Canvassers) 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
Boards of County Road Commissioners v. Board of State Canvassers, 218 N.W.2d 144, 391 Mich. 666, 1974 Mich. LEXIS 160 (Mich. 1974).

Opinions

[669]*669Per Curiam.

Const 1963, art 2, §9 reserves to the people "the power to approve or reject laws enacted by the legislature, called the referendum.” This constitutional provision provides, however, that the power of referendum does not extend to acts "making appropriations for state institutions”.

On March 29, 1973, petitions were filed with the Board of State Canvassers requesting a referendum on 1972 PA 326 (MCLA 207.102 et seq.; MSA 7.292 et seq.), which increased the motor vehicle gasoline tax.

The plaintiffs, the Boards of County Road Commissioners of a number of counties, commenced an original action in the Court of Appeals asserting that Act 326 is not subject to referendum and seeking a writ of mandamus permanently restraining the Board of State Canvassers from ruling on the sufficiency of the petitions.1

The question is whether Act 326 is exempt from a referendum on the ground that it makes "appropriations for state institutions”.

Act 326, in addition to raising the gasoline tax from seven to nine cents a gallon, provides that the revenue derived from the tax, less license fees and necessary expenses, "shall be deposited in the state treasury to the credit of the motor vehicle highway fund.”2

The Court of Appeals declined to hold that Act 326 standing by itself makes appropriations to state institutions. However, on the authority of Michigan Good Roads Federation v State Board of Canvassers, 333 Mich 352; 53 NW2d 481 (1952), [670]*670the Court of Appeals, construing Act 326 in pari materia with 1972 PA 327, read them as "one act” making appropriations to state institutions and issued a writ of mandamus. Boards of County Road Commissioners v Board of State Canvassers, 50 Mich App 89, 107; 213 NW2d 298 (1973).

Act 327, enacted on the same day as Act 326,3

—creates a general transportation fund, primarily for public transportation ("mass transit”) and appropriates a stated percentage of the highway fund revenue for this new fund;4
—provides, and this also is new, for an annual appropriation of $1,000,000 from the highway fund for a "critical bridge program * * * to provide financial assistance to highway authorities for the improvement or reconstruction of existing bridges or for the construction of bridges to replace existing bridges in whole or in part”;5
—"apportion^] and appropriate^]” the remaining monies in the motor vehicle highway fund on a percentage basis to the department of state highways, to the county road commissions, and to incorporated cities and villages.6

[671]*671We conclude that the Court of Appeals properly relied on Michigan Good Roads Federation v State Board of Canvassers, supra, which we decline to overrule. Acts 326 and 327 are in pari materia. Act 326 is exempt under the constitution from referendum because, read together with Act 327, it makes "appropriations for state institutions”. We affirm the issuance of the writ of mandamus.

I

In Kuhn v Department of Treasury, 384 Mich 378, 385; 183 NW2d 796 (1971), this Court stated that "under a system of government based on grants of power from the people, constitutional provisions by which the people reserve to themselves a direct legislative voice ought to be liberally construed.”

This is in accord with the general view. But in other jurisdictions, as in Michigan, there are exceptions to the right of referendum. "Generally the courts have held that the power of referendum should be construed liberally. However, for practical reasons, the people’s power or right of referendum has usually been subjected to certain constitutional restrictions.” Anno: Referendum — Laws Excepted, 100 ALR2d 314, 315.

The early Michigan constitutions did not provide for a right of referendum; legislative power was vested exclusively in the Legislature.* *7 The amendment to Const 1908, art 5, § 1, which reserved to the people the right of referendum, excepted those legislative acts which make "appropriations for [672]*672state institutions and to meet deficiencies in state funds.”

This Court, construing this exception, held, in Detroit Automobile Club v Secretary of State, 230 Mich 623; 203 NW 529 (1925), that the state highway department is a state institution and that an act which levies a gasoline tax and makes an appropriation of the tax revenue for the use of the highway department is not subject to referendum and, in Moretón v Secretary of State, 240 Mich 584; 216 NW 450 (1927), that an act making appropriations to the counties of money received from the gasoline tax, to be used by them to build roads under the direction and supervision of the state, was not subject to referendum.

In Michigan Good Roads Federation v State Board of Canvassers, supra, sufficient petitions had been filed with the Secretary of State to require a referendum on 1951 PA 54. That act raised the tax on gasoline from three to four and one-half cents a gallon, provided that the net tax revenue be credited to the motor vehicle highway fund and "appropriated, allocated and apportioned” the fund’s money to the state highway department, the several county road commissions and incorporated cities and villages "in the manner and for the specific highway purposes prescribed by law.” 1951 PA 54, § 18b.

Yet § 10 of 1951 PA 51 "apportioned and appropriated” the money in the motor vehicle highway fund among the various governmental units on a fixed percentage basis (see footnote 6) in a manner repeated in subsequent acts through 1972 PA 327 now before us.8

[673]*673A unanimous Court, declaring that Acts 51 and 54 of 1951 were part of "a comprehensive system for the collecting of specific taxes on motor vehicles and motor vehicle fuels, the allocation of funds therefrom and the use thereof for highway purposes” and noting that they were both enacted by the Legislature at the same time, construed the acts in pari materia and found Act 54 — the act which increased the gasoline tax — not subject to referendum because, so read together with Act 51, Act 54 appropriated money for state institutions, and issued a writ prohibiting the State Board of Canvassers from certifying the act for a referendum.

II

The defendants attempt to distinguish Good Roads by asserting it was the Legislature’s intent to pass PA 326 and PA 327 as separate acts. We [674]*674are, however, persuaded that the Court of Appeals correctly construed the two acts in pari materia.

The acts were enacted on the same day as part of a single legislative program. Each act included a so-called tie-bar provision that it "shall not take effect” until the other act is "enacted into law.”9

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mothering Justice v. Attorney General
Michigan Supreme Court, 2024
Michigan United Conservation Clubs v. Secretary of State
630 N.W.2d 376 (Michigan Court of Appeals, 2001)
Michigan United Conservation Clubs v. Secretary of State
630 N.W.2d 297 (Michigan Supreme Court, 2001)
Wade v. Greenlee County
844 P.2d 629 (Court of Appeals of Arizona, 1992)
Kelly v. Marylanders for Sports Sanity, Inc.
530 A.2d 245 (Court of Appeals of Maryland, 1987)
Civil Service Commission v. Department of Labor
384 N.W.2d 728 (Michigan Supreme Court, 1986)
Slama v. Attorney General
428 N.E.2d 134 (Massachusetts Supreme Judicial Court, 1981)
City of Detroit v. Detroit City Clerk
296 N.W.2d 207 (Michigan Court of Appeals, 1980)
County Road Ass'n v. Board of State Canvassers
282 N.W.2d 774 (Michigan Supreme Court, 1979)
People v. Sanders
283 N.W.2d 841 (Michigan Court of Appeals, 1979)
County Road Ass'n v. Board of State Canvassers
279 N.W.2d 334 (Michigan Court of Appeals, 1979)
Advisory Opinion on Constitutionality of 1978 PA 426
403 Mich. 631 (Michigan Supreme Court, 1978)
Advisory Opinion on Constitutionality of 1975 PA 227
242 N.W.2d 3 (Michigan Supreme Court, 1976)
West v. City of Portage
221 N.W.2d 303 (Michigan Supreme Court, 1974)
Boards of County Road Commissioners v. Board of State Canvassers
218 N.W.2d 144 (Michigan Supreme Court, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
218 N.W.2d 144, 391 Mich. 666, 1974 Mich. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boards-of-county-road-commissioners-v-board-of-state-canvassers-mich-1974.