January 29, 2009, Introduced by Senators McMANUS, BARCIA, HARDIMAN and BROWN and referred to the Committee on Campaign and Election Oversight.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending sections 1 and 6 of article II,
sections 2 and 3 of article IV, and section 6 of article IX and by
repealing section 10 of article II and sections 4, 5, and 6 of
article IV, to repeal constitutional provisions that have been
declared unconstitutional.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to repeal constitutional provisions that have
been declared unconstitutional, is proposed, agreed to, and
submitted to the people of the state:
ARTICLE II
Sec. 1. Every citizen of the United States who has attained
the
age of 21 18 years, who has resided in this state six months,
and who meets the requirements of local residence provided by law,
shall be an elector and qualified to vote in any election except as
otherwise provided in this constitution. The legislature shall
define residence for voting purposes.
Sec. 6. Whenever any question is required to be submitted by a
political subdivision to the electors for the increase of the ad
valorem tax rate limitation imposed by Section 6 of Article IX for
a
period of more than five years, or for the issue of bonds, only
electors
in , and who have property assessed for any ad valorem
taxes
in, any part of the district or
territory to be affected by
the
result of such election or electors who are the lawful husbands
or
wives of such persons shall be
entitled to vote thereon. All
electors
in the district or territory affected may vote on all
other
questions.
Sec.
10. No person shall be elected to office as
representative
in the United States House of Representatives more
than
three times during any twelve year period. No person shall be
elected
to office as senator in the United States Senate more than
two
times during any twenty-four year period. Any person appointed
or
elected to fill a vacancy in the United States House of
Representatives
or the United States 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.
The
people of Michigan hereby state their support for the
aforementioned
term limits for members of the United States House
of
Representatives and United States Senate and instruct their
public
officials to use their best efforts to attain such a limit
nationwide.
The
people of Michigan declare that the provisions of this
section
shall be deemed severable from the remainder of this
amendment
and that their intention is that federal officials
elected
from Michigan will continue voluntarily to observe the
wishes
of the people as stated in this section, in the event any
provision
of this section is held invalid.
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 IV
Sec. 2. The senate shall consist of 38 members to be elected
from single member districts at the same election as the governor
for four-year terms concurrent with the term of office of the
governor.
In districting the state for the purpose of electing senators
after the official publication of the total population count of
each
federal decennial census, each county shall be assigned
apportionment
factors equal to the sum of its percentage of the
state's
population as shown by the last regular federal decennial
census
computed to the nearest one-one hundredth of one percent
multiplied
by four and its percentage of the state's land area
computed
to the nearest one-one hundredth of one percent.
In
arranging the state into senatorial districts, the
apportionment
commission shall be governed by the following rules:
(1)
Counties with 13 or more apportionment factors shall be
entitled
as a class to senators in the proportion that the total
apportionment
factors of such counties bear to the total
apportionment
factors of the state computed to the nearest whole
number.
After each such county has been allocated one senator, the
remaining
senators to which this class of counties is entitled
shall
be distributed among such counties by the method of equal
proportions
applied to the apportionment factors.
(2)
Counties having less than 13 apportionment factors shall
be
entitled as a class to senators in the proportion that the total
apportionment
factors of such counties bear to the total
apportionment
factors of the state computed to the nearest whole
number.
Such counties shall thereafter be
arranged into senatorial
districts that are compact, convenient, and contiguous by land, and
as
rectangular in shape as possible.
, and having as nearly as
possible
13 apportionment factors, but in no event less than 10 or
more
than 16. Insofar as possible, existing senatorial districts at
the
time of reapportionment shall not be altered unless there is a
failure
to comply with the above standards.
(3)
Counties entitled to two or more senators shall be divided
into
single member districts. The
population of such districts
shall
be as nearly equal as possible. but shall not be less than 75
percent
nor more than 125 percent of a number determined by
dividing
the population of the county by the number of senators to
which
it is entitled. Each such district
shall follow incorporated
city or township boundary lines to the extent possible and shall be
compact, contiguous, and as nearly uniform in shape as possible.
Island areas are considered to be contiguous by land to the county
of which they are a part.
Sec. 3. The house of representatives shall consist of 110
members elected for two-year terms from single member districts
apportioned on a basis of population as provided in this article.
The districts shall consist of compact and convenient territory
contiguous by land. Island areas are considered to be contiguous by
land to the county of which they are a part.
Each
county which has a population of not less than seven-
tenths
of one percent of the population of the state shall
constitute
a separate representative area. Each county having less
than
seven-tenths of one percent of the population of the state
shall
be combined with another county or counties to form a
representative
area of not less than seven-tenths of one percent of
the
population of the state. Any county which is isolated under the
initial
allocation as provided in this section shall be joined with
that
contiguous representative area having the smallest percentage
of
the state's population. Each such representative area shall be
entitled
initially to one representative.
After
the assignment of one representative to each of the
representative
areas, the remaining house seats shall be
apportioned
among the representative areas on the basis of
population
by the method of equal proportions.
Any
county comprising a representative area entitled to two or
more
representatives shall be divided into single member
representative
districts as follows:
(1)
The population of such districts shall be as nearly equal
as
possible but shall not be less than 75 percent nor more than 125
percent
of a number determined by dividing the population of the
representative
area by the number of representatives to which it is
entitled.
(2)
Such single member districts shall
follow city and
township boundaries where applicable and shall be composed of
compact and contiguous territory as nearly square in shape as
possible.
Any representative area consisting of more than one county,
entitled to more than one representative, shall be divided into
single member districts as equal as possible in population,
adhering to county lines.
Sec.
4. In counties having more than one representative or
senatorial
district, the territory in the same county annexed to or
merged
with a city between apportionments shall become a part of a
contiguous
representative or senatorial district in the city with
which
it is combined, if provided by ordinance of the city. The
district
or districts with which the territory shall be combined
shall
be determined by such ordinance certified to the secretary of
state.
No such change in the boundaries of a representative or
senatorial
district shall have the effect of removing a legislator
from
office during his term.
Sec.
5. Island areas are considered to be contiguous by land
to
the county of which they are a part.
Sec.
6. A commission on legislative apportionment is hereby
established
consisting of eight electors, four of whom shall be
selected
by the state organizations of each of the two political
parties
whose candidates for governor received the highest vote at
the
last general election at which a governor was elected preceding
each
apportionment. If a candidate for governor of a third
political
party has received at such election more than 25 percent
of
such gubernatorial vote, the commission shall consist of 12
members,
four of whom shall be selected by the state organization
of
the third political party. One resident of each of the following
four
regions shall be selected by each political party
organization:
(1) the upper peninsula; (2) the northern part of the
lower
peninsula, north of a line drawn along the northern
boundaries
of the counties of Bay, Midland, Isabella, Mecosta,
Newaygo
and Oceana; (3) southwestern Michigan, those counties south
of
region (2) and west of a line drawn along the western boundaries
of
the counties of Bay, Saginaw, Shiawassee, Ingham, Jackson and
Hillsdale;
(4) southeastern Michigan, the remaining counties of the
state.
No
officers or employees of the federal, state or local
governments,
excepting notaries public and members of the armed
forces
reserve, shall be eligible for membership on the commission.
Members
of the commission shall not be eligible for election to the
legislature
until two years after the apportionment in which they
participated
becomes effective.
The
commission shall be appointed immediately after the
adoption
of this constitution and whenever apportionment or
districting
of the legislature is required by the provisions of
this
constitution. Members of the commission shall hold office
until
each apportionment or districting plan becomes effective.
Vacancies
shall be filled in the same manner as for original
appointment.
The
secretary of state shall be secretary of the commission
without
vote, and in that capacity shall furnish, under the
direction
of the commission, all necessary technical services. The
commission
shall elect its own chairman, shall make its own rules
of
procedure, and shall receive compensation provided by law. The
legislature
shall appropriate funds to enable the commission to
carry
out its activities.
Within
30 days after the adoption of this constitution, and
after
the official total population count of each federal decennial
census
of the state and its political subdivisions is available,
the
secretary of state shall issue a call convening the commission
not
less than 30 nor more than 45 days thereafter. The commission
shall
complete its work within 180 days after all necessary census
information
is available. The commission shall proceed to district
and
apportion the senate and house of representatives according to
the
provisions of this constitution. All final decisions shall
require
the concurrence of a majority of the members of the
commission.
The commission shall hold public hearings as may be
provided
by law.
Each
final apportionment and districting plan shall be
published
as provided by law within 30 days from the date of its
adoption
and shall become law 60 days after publication. The
secretary
of state shall keep a public record of all the
proceedings
of the commission and shall be responsible for the
publication
and distribution of each plan.
If
a majority of the commission cannot agree on a plan, each
member
of the commission, individually or jointly with other
members,
may submit a proposed plan to the supreme court. The
supreme
court shall determine which plan complies most accurately
with
the constitutional requirements and shall direct that it be
adopted
by the commission and published as provided in this
section.
Upon
the application of any elector filed not later than 60
days
after final publication of the plan, the supreme court, in the
exercise
of original jurisdiction, shall direct the secretary of
state
or the commission to perform their duties, may review any
final
plan adopted by the commission, and shall remand such plan to
the
commission for further action if it fails to comply with the
requirements
of this constitution.
ARTICLE IX
Section
Sec. 6. Except as otherwise provided in this
constitution, the total amount of general ad valorem taxes imposed
upon real and tangible personal property for all purposes in any
one year shall not exceed 15 mills on each dollar of the assessed
valuation of property as finally equalized. Under procedures
provided by law, which shall guarantee the right of initiative,
separate tax limitations for any county and for the townships and
for school districts therein, the aggregate of which shall not
exceed 18 mills on each dollar of such valuation, may be adopted
and thereafter altered by the vote of a majority of the qualified
electors of such county voting thereon, in lieu of the limitation
hereinbefore established. These limitations may be increased to an
aggregate of not to exceed 50 mills on each dollar of valuation,
for a period of not to exceed 20 years at any one time, if approved
by
a majority of the electors , qualified under Section 6 of
Article
II of this constitution, voting on
the question.
The foregoing limitations shall not apply to taxes imposed for
the payment of principal and interest on bonds approved by the
electors or other evidences of indebtedness approved by the
electors or for the payment of assessments or contract obligations
in anticipation of which bonds are issued approved by the electors,
which taxes may be imposed without limitation as to rate or amount;
or, subject to the provisions of Section 25 through 34 of this
article, to taxes imposed for any other purpose by any city,
village, charter county, charter township, charter authority, or
other authority, the tax limitations of which are provided by
charter or by general law.
In any school district which extends into two or more
counties, property taxes at the highest rate available in the
county which contains the greatest part of the area of the district
may be imposed and collected for school purposes throughout the
district.
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.