June 12, 2007, Introduced by Reps. Palmer, Ward and Sheen and referred to the Committee on Oversight and Investigations.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending sections 12 and 13 of article IV,
by adding sections 55 and 56 to article IV and section 43 to
article IX, and by repealing section 54 of article IV, to limit the
legislative session, to reduce salaries and expense allowances of
members of the legislature, to reduce compensation of state
legislators who have absences from legislative session, to provide
for reemployment of legislators on leave of absence from
employment, to prohibit state-paid retirement and health care for
legislators, to limit spending on the legislative budget, and to
repeal term limits for legislators.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to limit the legislative session, to reduce
salaries and expense allowances of members of the legislature, to
reduce compensation of state legislators who have absences from
legislative session, to provide for reemployment of legislators on
leave of absence from employment, to prohibit state-paid retirement
and health care for legislators, to limit spending on the
legislative budget, and to repeal term limits for legislators, is
proposed, agreed to, and submitted to the people of the state:
ARTICLE IV
Sec. 12. The state officers compensation commission is created
which subject to this section shall determine the salaries and
expense
allowances of the members of the legislature, the governor,
the lieutenant governor, the attorney general, the secretary of
state, and the justices of the supreme court. The commission shall
consist of 7 members appointed by the governor whose qualifications
may be determined by law. Subject to the legislature's ability to
amend the commission's determinations as provided in this section,
the commission shall determine the salaries and expense allowances
of
the members of the legislature, the governor, the lieutenant
governor, the attorney general, the secretary of state, and the
justices of the supreme court which determinations shall be the
salaries and expense allowances only if the legislature by
concurrent resolution adopted by a majority of the members elected
to and serving in each house of the legislature approve them. The
senate and house of representatives shall alternate on which house
of the legislature shall originate the concurrent resolution, with
the senate originating the first concurrent resolution.
The concurrent resolution may amend the salary and expense
determinations of the state officers compensation commission to
reduce the salary and expense determinations by the same proportion
for
members of the legislature, the governor, the lieutenant
governor, the attorney general, the secretary of state, and the
justices of the supreme court. The legislature shall not amend the
salary and expense determinations to reduce them to below the
salary
and expense level that members of the legislature, the
governor, the lieutenant governor, the attorney general, the
secretary of state, and the justices of the supreme court receive
on the date the salary and expense determinations are made. If the
salary and expense determinations are approved or amended as
provided in this section, the salary and expense determinations
shall become effective for the legislative session immediately
following the next general election. The commission shall meet each
2 years for no more than 15 session days. Expense allowances for
members of the legislature shall only be paid for reasonable and
actual expenses for transportation and lodging during the periods
that the legislature is in session. An individual who first became
a member of the legislature after 2008 shall not receive any state-
paid retirement or insurance benefits based on his or her
legislative service. The legislature shall implement this section
by law.
Sec. 13. Except when the legislature is called to convene on
extraordinary occasions, the legislature shall only meet as
provided in this section. The legislature shall meet at the seat of
government on the second Wednesday in January of each year at
twelve o'clock noon. Each regular session shall adjourn without
day, on a day determined by concurrent resolution, at twelve
o'clock noon. Any business, bill or joint resolution pending at the
final adjournment of a regular session held in an odd numbered year
shall carry over with the same status to the next regular session.
In 2009 and every year after 2009, the legislature shall only meet
between the second Wednesday in January and April 30 and between
the first Tuesday after the first Monday in September and September
30. The legislature shall not meet for more than 120 days in any 2-
year term.
Sec.
54. No person shall be elected to the office of state
representative
more than three times. No person shall be elected to
the
office of state senate more than two times. Any person
appointed
or elected to fill a vacancy in the house of
representatives
or the state senate for a period greater than one
half
of a term of such office, shall be considered to have been
elected
to serve one time in that office for purposes of this
section.
This limitation on the number of times a person shall be
elected
to office shall apply to terms of office beginning on or
after
January 1, 1993.
This
section shall be self-executing. Legislation may be
enacted
to facilitate operation of this section, but no law shall
limit
or restrict the application of this section. If any part of
this
section is held to be invalid or unconstitutional, the
remaining
parts of this section shall not be affected but will
remain
in full force and effect.
Sec. 55. A legislator who does not attend session on any day
that the legislative body is in session shall not receive
compensation for that day. Beginning in 2009, the salary of a
legislator shall not exceed $170.00 per day, adjusted at the
beginning of each term based on inflation. If a special session of
the legislature is called, legislators may be paid for the
additional days at the rate specified in this section.
Sec. 56. (1) An employee who requests a leave from his or her
employment shall not be denied a leave of absence by his or her
employer for the purpose of serving as a member of the legislature
of this state, while the legislature is in session. Following the
end of that service, the employee shall, if he or she makes
application to his or her employer for reemployment within 15 days
following service, be reemployed in a position of employment in the
following order of priority:
(a) Following service of 1 to 90 days, in the position of
employment in which the person would have been employed if the
continuous employment of the person with the employer had not been
interrupted by service, the duties of which the person is qualified
to perform.
(b) Following service of 1 to 90 days, in the position of
employment in which the person was employed on the date of the
commencement of service, only if the person is not qualified to
perform the duties of the position referred to in subdivision (a)
and after reasonable efforts by the employer to qualify the person
have been made.
(c) Following service of 91 or more days, in a position
described under subdivision (a) or (b) or in any other position of
lesser status or pay that the person is qualified to perform, only
if the person is not qualified and cannot become qualified with
reasonable efforts by the employer to be employed as described in
subdivision (b).
(2) A person who is reemployed under this section is entitled
to the seniority and other rights and benefits that are determined
by seniority that the person had on the date of the commencement of
service plus the additional seniority and rights and benefits that
the person would have attained if the person had been continually
employed.
(3) In addition to the seniority, rights, and benefits under
subsection (2), a person who is reemployed under this section is
entitled to rights and benefits, not determined by seniority, that
are generally provided by the employer to employees who have
similar seniority, status, and pay who are on furlough or leave of
absence under a contract, agreement, policy, practice, or plan in
effect at the commencement of service or established while the
person performs service.
(4) An employee is not entitled to the benefits under this
section if the service of the employee in the legislature was
terminated under section 16 of article IV of this constitution.
ARTICLE IX
Sec. 43. Beginning with the 2009-2010 state fiscal year, the
legislature shall not appropriate funds for the legislative budget
in any year that would result in that budget exceeding 0.75% of the
general fund/general purpose budget.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.