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ADVISORY OPINION ON 1978 PA 426

Docket No. 62119, (Calendar No. 13).

403 Mich. 631 (1978)

272 N.W.2d 495

ADVISORY OPINION ON CONSTITUTIONALITY OF 1978 PA 426

Supreme Court of Michigan.

Decided December 22, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, and Robert A. Derengoski, Solicitor General.

Charles D. Hackney, Assistant Attorney General, in support of constitutionality.

Eugene Krasicky, First Assistant Attorney General for Litigation, and George L. McCargar, Assistant Attorney General, in opposition to constitutionality.

Amici Curiae:

Downs, Pirich & Downs, P.C., for Capitol Area Rail Council, Michigan Rail Action Association, Highway Users Federation of Michigan, City of Detroit, City of Livonia, City of Flint, City of Highland Park, Michigan Road Builders Association, Detroit and Mackinac Railroad, Tuscola and Saginaw Bay Railroad, Kalamazoo County Road Commission, Genesee County Road Commission, Van Buren County Road Commission, Oscoda County Road Commission, Muskegon County Road Commission, Wayne County Road Commission, Leelanau County Road Commission, Senator Robert VanderLaan and Representative William Ryan.

James Dunn, P.C. (by James F. Dunn and Sara J. Basso), for Michigan Public Transit Association.

Frederick S. Anderson for Senator William Faust, Senate Majority Leader.

Peter M. Alter for Committee on Constitutional Law, State Bar of Michigan.

BLAIR MOODY, JR., J.

The Court has been asked by the Governor for an advisory opinion on the constitutionality of 1978 PA 426, enrolled House Bill 4407. Although two questions were incorporated in the Court's order granting the request, for purposes of simplicity and clarity, we combine the two questions into one. The single question before the Court is whether the Lieutenant Governor's affirmative vote under the provisions of Const 1963, art 5, § 25, may be...

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