HOUSE JOINT RESOLUTION O March 20, 1997, Introduced by Reps. Bobier, Middleton, Alley, Goschka, Godchaux, Hale, Gilmer, Leland, Gernaat, Dalman, McNutt, Galloway, McManus and Horton and referred to the Committee on House Oversight and Ethics. A joint resolution proposing an amendment to the state con- stitution of 1963, by amending section 10 of article II, section 54 of article IV, section 30 of article V, and sections 3, 5, and 7 of article VIII and adding section 35 to article VII and section 10 to article VIII, to provide term limits for certain federal, state, and local offices. Resolved by the Senate and House of Representatives of the state of Michigan, That the following amendment to the state con- stitution of 1963, to provide term limits for certain federal, state, and local offices is proposed, agreed to, and submitted to the people of the state: 1 ARTICLE II 2 Sec. 10. No person shallbe elected toHOLD THE office 3asOF representative in the United States House of 4 Representatives more thanthree times during any twelve year02323'97 JLB 2 1periodTWELVE YEARS. No person shallbe elected toHOLD THE 2 officeasOF senator in the United States Senate more thantwo3times during any twenty-four year periodTWELVE YEARS.Any4person appointed or elected to fill a vacancy in the United5States House of Representatives or the United States Senate for a6period greater than one half of a term of such office, shall be7considered to have been elected to serve one time in that office8for purposes of this section.This limitation on the number of 9timesYEARS a person shallbe elected toHOLD office shall 10 apply to terms of office beginning on or after January 1, 1993. 11 The people of Michigan hereby state their support for the 12 aforementioned term limits for members of the United States House 13 of Representatives and United States Senate and instruct their 14 public officials to use their best efforts to attain such a limit 15 nationwide. 16 The people of Michigan declare that the provisions of this 17 section shall be deemed severable from the remainder of this 18 amendment and that their intention is that federal officials 19 elected from Michigan will continue voluntarily to observe the 20 wishes of the people as stated in this section, in the event any 21 provision of this section is held invalid. 22 This section shall be self-executing. Legislation may be 23 enacted to facilitate operation of this section, but no law shall 24 limit or restrict the application of this section. If any part 25 of this section is held to be invalid or unconstitutional, the 26 remaining parts of this section shall not be affected but will 27 remain in full force and effect. 02323'97 3 1 ARTICLE IV 2 Sec. 54. No person shallbe elected toHOLD the office of 3 state representative more thanthree timesTWELVE YEARS. No 4 person shallbe elected toHOLD the office of statesenate5 SENATOR more thantwo timesTWELVE YEARS.Any person6appointed or elected to fill a vacancy in the house of represen-7tatives or the state senate for a period greater than one half of8a term of such office, shall be considered to have been elected9to serve one time in that office for purposes of this section.10 This limitation on the number oftimesYEARS a personshall be11elected toMAY HOLD office shall apply to terms of office begin- 12 ning on or after January 1, 1993. 13 This section shall be self-executing. Legislation may be 14 enacted to facilitate operation of this section, but no law shall 15 limit or restrict the application of this section. If any part 16 of this section is held to be invalid or unconstitutional, the 17 remaining parts of this section shall not be affected but will 18 remain in full force and effect. 19 ARTICLE V 20 Sec. 30. No person shallbe elected more than two times21toHOLD FOR MORE THAN TWELVE YEARS each office of the executive 22 branch of government: governor, lieutenant governor, secretary 23 of state or attorney general.Any person appointed or elected24to fill a vacancy in the office of governor, lieutenant governor,25secretary of state or attorney general for a period greater than26one half of a term of such office, shall be considered to have27been elected to serve one time in that office for purposes of02323'97 4 1this section.This limitation on the number oftimes a person2shall be elected toYEARS A PERSON MAY HOLD office shall apply 3 to terms of office beginning on or after January 1, 1993. 4 This section shall be self-executing. Legislation may be 5 enacted to facilitate operation of this section, but no law shall 6 limit or restrict the application of this section. If any part 7 of this section is held to be invalid or unconstitutional, the 8 remaining parts of this section shall not be affected but will 9 remain in full force and effect. 10 ARTICLE VII 11 SEC. 35. NO PERSON SHALL HOLD FOR MORE THAN TWELVE YEARS 12 ANY ELECTIVE OFFICE OF COUNTY, TOWNSHIP, CITY, OR VILLAGE 13 GOVERNMENT. THIS LIMITATION ON THE NUMBER OF YEARS A PERSON MAY 14 HOLD ANY ELECTIVE OFFICE OF COUNTY, TOWNSHIP, CITY, OR VILLAGE 15 GOVERNMENT SHALL APPLY TO TERMS OF OFFICE BEGINNING ON OR AFTER 16 JANUARY 1, 1996. 17 THIS SECTION SHALL BE SELF-EXECUTING. LEGISLATION MAY BE 18 ENACTED TO FACILITATE OPERATION OF THIS SECTION, BUT NO LAW SHALL 19 LIMIT OR RESTRICT THE APPLICATION OF THIS SECTION. IF ANY PART 20 OF THIS SECTION IS HELD TO BE INVALID OR UNCONSTITUTIONAL, THE 21 REMAINING PARTS OF THIS SECTION SHALL NOT BE AFFECTED BUT WILL 22 REMAIN IN FULL FORCE AND EFFECT. 23 ARTICLE VIII 24 Sec. 3. Leadership and general supervision over all public 25 education, including adult education and instructional programs 26 in state institutions, except as to institutions of higher 27 education granting baccalaureate degrees, is vested in a state 02323'97 5 1 board of education. It shall serve as the general planning and 2 coordinating body for all public education, including higher edu- 3 cation, and shall advise the legislature as to the financial 4 requirements in connection therewith. 5 The state board of education shall appoint a superintendent 6 of public instruction whose term of office shall be determined by 7 the board. He OR SHE shall be thechairmanCHAIRPERSON of the 8 board without the right to vote, and shall be responsible for the 9 execution of its policies. He OR SHE shall be the principal 10 executive officer of a state department of education which shall 11 have powers and duties provided by law. 12 The state board of education shall consist of eight members 13 who shall be nominated by party conventions and elected at large 14 for terms of eight years as prescribed by law. NO PERSON SHALL 15 HOLD THE OFFICE OF STATE BOARD OF EDUCATION MEMBER MORE THAN 16 TWELVE YEARS. THIS LIMITATION ON THE NUMBER OF YEARS A PERSON 17 MAY HOLD THE OFFICE OF STATE BOARD OF EDUCATION MEMBER SHALL 18 APPLY TO TERMS OF OFFICE BEGINNING ON OR AFTER JANUARY 1, 1996. 19 The governor shall fill any vacancy by appointment for the unex- 20 pired term. The governor shall be ex-officio a member of the 21 state board of education without the right to vote. 22 The power of the boards of institutions of higher education 23 provided in this constitution to supervise their respective 24 institutions and control and direct the expenditure of the 25 institutions' funds shall not be limited by this section. 26 Sec. 5. The regents of the University of Michigan and their 27 successors in office shall constitute a body corporate known as 02323'97 6 1 the Regents of the University of Michigan; the trustees of 2 Michigan State University and their successors in office shall 3 constitute a body corporate known as the Board of Trustees of 4 Michigan State University; the governors of Wayne State 5 University and their successors in office shall constitute a body 6 corporate known as the Board of Governors of Wayne State 7 University. Each board shall have general supervision of its 8 institution and the control and direction of all expenditures 9 from the institution's funds. Each board shall, as often as nec- 10 essary, elect a president of the institution under its 11 supervision. He shall be the principal executive officer of the 12 institution, be ex-officio a member of the board without the 13 right to vote and preside at meetings of the board. The board of 14 each institution shall consist of eight members who shall hold 15 office for terms of eight years and who shall be elected as pro- 16 vided by law. NO PERSON SHALL HOLD OFFICE MORE THAN TWELVE 17 YEARS. THIS LIMITATION ON THE NUMBER OF YEARS A PERSON MAY HOLD 18 OFFICE SHALL APPLY TO TERMS OF OFFICE BEGINNING ON OR AFTER 19 JANUARY 1, 1996. The governor shall fill board vacancies by 20 appointment. Each appointee shall hold office until a successor 21 has been nominated and elected as provided by law. 22 Sec. 7. The legislature shall provide by law for the estab- 23 lishment and financial support of public community and junior 24 colleges which shall be supervised and controlled by locally 25 elected boards. NO PERSON SHALL HOLD THE OFFICE OF LOCAL PUBLIC 26 COMMUNITY OR JUNIOR COLLEGE BOARD MEMBER MORE THAN TWELVE YEARS. 27 The legislature shall provide by law for a state board for public 02323'97 7 1 community and junior colleges which shall advise the state board 2 of education concerning general supervision and planning for such 3 colleges and requests for annual appropriations for their 4 support. The board shall consist of eight members who shall hold 5 office for terms of eight years, not more than two of which shall 6 expire in the same year, and who shall be appointed by the state 7 board of education. Vacancies shall be filled in like manner. 8 The superintendent of public instruction shall be ex-officio a 9 member of this board without the right to vote. NO PERSON SHALL 10 HOLD THE OFFICE OF STATE PUBLIC COMMUNITY OR JUNIOR COLLEGE 11 MEMBER MORE THAN TWELVE YEARS. THE LIMITATION ON THE NUMBER OF 12 YEARS A PERSON MAY HOLD THE OFFICE OF LOCAL OR STATE PUBLIC COM- 13 MUNITY OR JUNIOR COLLEGE BOARD MEMBER SHALL APPLY TO TERMS OF 14 OFFICE BEGINNING ON OR AFTER JANUARY 1, 1996. 15 SEC. 10. NO PERSON SHALL HOLD FOR MORE THAN TWELVE YEARS 16 THE OFFICE OF LOCAL SCHOOL BOARD MEMBER. NO PERSON SHALL HOLD 17 FOR MORE THAN TWELVE YEARS THE OFFICE OF INTERMEDIATE SCHOOL 18 BOARD MEMBER. THIS LIMITATION ON THE NUMBER OF YEARS A PERSON 19 MAY HOLD THE OFFICE OF LOCAL OR INTERMEDIATE SCHOOL BOARD MEMBER 20 SHALL APPLY TO TERMS OF OFFICE BEGINNING ON OR AFTER JANUARY 1, 21 1996. 22 Resolved further, That the foregoing amendment shall be sub- 23 mitted to the people of the state at the next general election in 24 the manner provided by law. 02323'97 Final page. JLB