If the Michigan supreme court rules that section 45 and 46 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being section 24.245 and 24.246 of the Michigan Compiled Laws, are unconstitutional, and a statute requiring legislative review of administrative rules is not enacted within 90 days after the Michigan supreme court ruling, any provision of this act that requires or permits the department to promulgate rules does not apply.