June 12, 2014, Introduced by Reps. McMillin, MacMaster, Robinson, Hooker and Howrylak and referred to the Committee on Government Operations.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending sections 12 and 13 of article IV
and by repealing sections 15, 25, 26, 28, 36, and 37 of article IV,
to limit the legislative session, to reduce salaries and expense
allowances of members of the legislature, to limit how or when a
bill may be modified or passed, to allow the legislature to empower
a joint committee to suspend certain rules or regulations, and to
modify the procedures during a special session.
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
limit how or when a bill may be modified or passed, to allow the
legislature to empower a joint committee to suspend certain rules
or regulations, and to modify the procedures during a special
session, 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.
The salary of a legislator who does not attend session on any
day the legislative body is in session shall be reduced on a pro
rata basis. The salary of a legislator shall not exceed 25% of the
per capita salary of a private sector full-time Michigan worker as
calculated by the federal government. If a special session of the
legislature is called, legislators may be paid an additional per
diem based on their base salary.
Sec.
13. 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.Any member of the
legislature may introduce a bill or resolution for consideration by
the legislature during a regular session or during a special
session but at no other time.
The legislature shall convene at the seat of government in
regular session once per calendar year for not more than 60
consecutive days. The date and time to open a regular session shall
be the second Wednesday in January at 12 noon unless otherwise set
by law. The legislature by concurrent resolution may set the date
and time to close a regular session as long as that date and time
are not more than 60 days after the regular session is opened.
During the first 20 days of a regular session, neither house shall
vote to adopt or modify any bills unless this restriction is waived
by 3/5 of the members elected to and serving in each house. Any
bill or resolution pending at the close of a regular session shall
not carry over to any other session.
If the legislature is not in regular session, the legislature
shall convene at the seat of government in special session at the
call of the governor for not more than 30 consecutive days. The
legislature by concurrent resolution shall set the date and time to
close the special session after the special session is opened as
long as that date and time are not less than 14 days and not more
than 30 days after the special session is opened. Only bills and
resolutions pertinent to the call of the governor shall be
introduced. During the first 5 days of a special session, neither
house shall vote to adopt or modify any bills. Any bill or
resolution pending at the close of a special session shall not
carry over to any other session.
A bill shall not be taken up for adoption by either house
until that bill has been available to the legislators in both
houses and to the citizens of the state of Michigan for at least 5
consecutive days on the public internet. If the bill is modified in
either house, the resulting bill shall not be taken up until at
least 5 consecutive days have elapsed since the resulting bill has
been available on the public internet. If either house adopts a
bill already adopted in the other house but modifies that bill, the
resulting bill shall not be reconsidered by the other house until
the bill has been available on the public internet for at least 5
consecutive days. A bill shall not become law without the
concurrence of a majority of the members elected to and serving in
each house. On the final passage of a bill, the votes and names of
the members voting on the bill shall be entered in the journal.
A general revision of the laws shall not be made. The
legislature shall provide by law for an annual compilation of the
laws in force, arranged without alteration, under appropriate heads
and titles. The compilation of laws shall be made available on the
public internet. Bills intended to modify existing law shall first
repeal the existing law in full and then provide a complete
substitute, if any. Partial modification of existing law is not
permitted.
The legislature shall not by legislative or procedural means
suspend or alter the passage of time in order to comply with the
requirements of this constitution.
The 2 houses shall provide for their organization,
individually and jointly, outside of regular and special sessions
to gather and consider facts and testimony that may be pertinent to
the drafting of bills and resolutions. That organization shall be
suspended during regular and special sessions. The legislature
shall appropriate funds for this purpose, including the hiring of
staff to assist the members of the legislature. The legislature may
by concurrent resolution empower a joint committee of the
legislature, acting outside of regular and special sessions, to
suspend any rule or regulation promulgated by an administrative
agency. The suspension shall continue no longer than the close of
the next regular session of the legislature.
Sec.
15. There shall be a bi-partisan legislative council
consisting
of legislators appointed in the manner prescribed by
law.
The legislature shall appropriate funds for the council's
operations
and provide for its staff which shall maintain bill
drafting,
research and other services for the members of the
legislature.
The council shall periodically examine and recommend
to
the legislature revision of the various laws of the state.
Sec.
25. No law shall be revised, altered or amended by
reference
to its title only. The section or sections of the act
altered
or amended shall be re-enacted and published at length.
Sec.
26. No bill shall be passed or become a law at any
regular
session of the legislature until it has been printed or
reproduced
and in the possession of each house for at least five
days.
Every bill shall be read three times in each house before the
final
passage thereof. No bill shall become a law without the
concurrence
of a majority of the members elected to and serving in
each
house. On the final passage of bills, the votes and names of
the
members voting thereon shall be entered in the journal.
Sec.
28. When the legislature is convened on extraordinary
occasions
in special session no bill shall be passed on any
subjects
other than those expressly stated in the governor's
proclamation
or submitted by special message.
Sec.
36. No general revision of the laws shall be made. The
legislature
may provide for a compilation of the laws in force,
arranged
without alteration, under appropriate heads and titles.
Sec.
37. The legislature may by concurrent resolution empower
a
joint committee of the legislature, acting between sessions, to
suspend
any rule or regulation promulgated by an administrative
agency
subsequent to the adjournment of the last preceding regular
legislative
session. Such suspension shall continue no longer than
the
end of the next regular legislative session.
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.