February 16, 2010, Introduced by Reps. LeBlanc, DeShazor and Agema and referred to the Committee on Judiciary.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending sections 12, 13, 16, 22, and 31
of article IV and section 15 of article V and repealing section 54
of article IV, to limit the legislative session, to reduce salaries
of members of the legislature, to impose limits on the number of
legislative committees individuals can serve on, to limit the
number of bills members of the legislature may request, to provide
that certain state budget bills be presented to the governor by a
certain date, to repeal term limits, and to limit the governor's
ability to call for extraordinary sessions.
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 of members of the legislature, to impose limits on the
number of legislative committees individuals can serve on, to limit
the number of bills members of the legislature may request, to
provide that certain state budget bills be presented to the
governor by a certain date, to repeal term limits, and to limit the
governor's ability to call for extraordinary sessions, 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. The legislature shall
implement this section by law. Beginning in 2013, the salary of a
member of the legislature shall be $35,000.00 adjusted annually to
reflect the change in the consumer price index. The speaker of the
house of representatives, the majority leader of the senate, the
minority leaders of the house of representatives and the senate,
the majority and minority floor leaders of the house of
representatives and the senate, the speaker pro tempore of the
house of representatives and the senate, and the appropriations
chair of the house of representatives and the senate may receive a
supplemental salary of up to 34% of a member's base salary.
Beginning in 2013, expense allowances for members of the
legislature shall be 50% of what those expense allowances were in
2009. An individual who first becomes a member of the legislature
after 2010 shall not receive any state-paid retirement or insurance
benefits based on his or her legislative service.
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 2013 and every year after 2013, the legislature shall only meet
for not more than thirty-one calendar days beginning on the second
Wednesday in January of each year and for not more than thirty-one
calendar days beginning on the second Wednesday in May of each
year. The legislature may meet for not more than five additional
days each year for reconsidering bills that the governor vetoed.
Legislative committee hearings may be held when the legislature is
not in session.
Sec. 16. Each house, except as otherwise provided in this
constitution, shall choose its own officers and determine the rules
of its proceedings, but shall not adopt any rule that will prevent
a majority of the members elected thereto and serving therein from
discharging a committee from the further consideration of any
measure. Each house shall be the sole judge of the qualifications,
elections and returns of its members, and may, with the concurrence
of two-thirds of all the members elected thereto and serving
therein, expel a member. The reasons for such expulsion shall be
entered in the journal, with the votes and names of the members
voting upon the question. No member shall be expelled a second time
for the same cause.
A legislator shall not serve on more than four legislative
committees during the same legislative session.
Sec. 22. (1) All legislation shall be by bill and may
originate in either house.
(2) Except as otherwise provided in this section, a member of
the legislature shall not request more than two bills per month
from the legislative service bureau.
(3) The limitation on bill requests in subsection (2) does not
apply to requests submitted by the majority leader of the senate or
the speaker of the house of representatives or to requests for
general appropriation bills.
Sec. 31. The general appropriation bills for the succeeding
fiscal period covering items set forth in the budget shall be
passed or rejected in either house of the legislature before that
house passes any appropriation bill for items not in the budget
except bills supplementing appropriations for the current fiscal
year's operation. Any bill requiring an appropriation to carry out
its purpose shall be considered an appropriation bill. One of the
general appropriation bills as passed by the legislature shall
contain an itemized statement of estimated revenue by major source
in each operating fund for the ensuing fiscal period, the total of
which shall not be less than the total of all appropriations made
from each fund in the general appropriation bills as passed. The
legislature shall present all general appropriation bills for the
succeeding fiscal period to the governor on or before June 1 of
each year.
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.
ARTICLE V
Sec. 15. The governor may convene the legislature on
extraordinary occasions for no more than five days per year.
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.