This is the petition language approved "as to
form" by the Board of State Canvassers. Every section of the Constitution
changed had to be presented in its entirety, with deletions ARTICLE II, Elections § 9 Initiative and referendum; limitations; appropriations; petitions. Sec. 9. The people reserve to themselves the power to propose laws and to enact and reject laws, called the initiative, and the power to approve or reject laws enacted by the legislature, called the referendum. The power of initiative extends only to laws which the legislature may enact under this constitution. The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds and must be invoked in the manner prescribed by law within 90 days following the final adjournment of the legislative session at which the law was enacted. To invoke the initiative or referendum, petitions signed by a number of registered electors, not less than eight percent for initiative and five percent for referendum of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected shall be required. Referendum, approval. No law as to which the power of referendum properly has been invoked shall be effective thereafter unless approved by a majority of the electors voting thereon at the next general election. Initiative; duty of legislature, referendum. Any law proposed by initiative petition shall be either enacted or rejected by the legislature without change or amendment within 40 session days from the time such petition is received by the legislature. If any law proposed by such petition shall be enacted by the legislature it shall be subject to referendum, as hereinafter provided.
Legislative rejection of initiated measure; different measure; submission to people. If the law so proposed is not enacted by the legislature within the 40 days, the state officer authorized by law shall submit such proposed law to the people for approval or rejection at the next general election. The legislature may reject any measure so proposed by initiative petition and propose a different measure upon the same subject by a yea and nay vote upon separate roll calls, and in such event both measures shall be submitted by such state officer to the electors for approval or rejection at the next general election. Initiative or referendum law; effective date, veto, amendment and repeal.
Any law
submitted to the people by either initiative or referendum petition
and approved by a majority of the votes cast thereon at any election
shall take effect 10 days after the date of the official declaration
of the vote. No law initiated or adopted by the people shall be
subject to the veto power of the governor, and no law adopted by the
people at the polls under the initiative provisions of this section
shall be amended or repealed, except by a vote of the electors
unless otherwise provided in the initiative measure or by
three-fourths of the members elected to and serving in Legislative implementation. The legislature shall implement the provisions of this section.
ARTICLE III, General Government § 8 Opinions on constitutionality by supreme court.
Sec. 8.
ARTICLE IV, Legislative Branch § 1 Legislative power.
Sec. 1. The legislative power of
the State of Michigan is vested in
§ 4 Annexation or merger with a city.
Sec. 4.
In counties having more than one representative
§ 6 Commission on legislative apportionment. 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. Eligibility to membership. 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. Appointment, term, vacancies. 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. Officers, rules of procedure, compensation, appropriation. 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. Call to convene; apportionment; public hearings.
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 Apportionment plan, publication; record of proceedings. 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. Disagreement of commission; submission of plans to supreme court. 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. Jurisdiction of supreme court on elector’s application. 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.
§ 7 Legislators; qualifications, removal from district.
Sec. 7.
Each
§ 8 Ineligibility of government officers and employees.
Sec. 8.
No person holding any office, employment or position under the
United States or this state or a political subdivision thereof,
except notaries public and members of the armed forces reserve, may
be a member of
§ 11
Legislators privileged from civil arrest and civil process;
limitation; questioning for speech in
Sec.
11. Except as provided by law,
§ 12 State officers compensation commission.
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
The
§ 13 Legislature; time of convening, sine die adjournment, measures carried over.
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
§ 14 Quorum; powers of less than quorum.
Sec.
14. A majority of the members elected to and serving in
§ 16 Legislature; officers, rules of procedure, expulsion of members.
Sec.
16.
§ 17 Committees; record of votes, public inspection, notice of hearings.
Sec. 17.
§ 18 Journal of proceedings; record of votes, dissents.
Sec.
18.
§ 19 Record of votes on elections and advice and consent.
Sec. 19. All elections in
§ 20 Open meetings.
Sec. 20. The doors of
§ 22 Bills.
§ 24 Laws; object, title, amendments changing purpose.
Sec.
24. No law shall embrace more than one object, which shall be
expressed in its title. No bill shall be altered or amended
§ 26 Bills; printing, possession, reading, vote on passage.
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
§ 27 Laws, effective date.
Sec.
27. No act shall take effect until the expiration of 90 days from
the end of the session at which it was passed, but the legislature
may give immediate effect to acts by a two-thirds vote of the
members elected to and serving in
§ 29 Local or special acts.
Sec.
29. The legislature shall pass no local or special act in any case
where a general act can be made applicable, and whether a general
act can be made applicable shall be a judicial question. No local or
special act shall take effect until approved by two-thirds of the
members elected to and serving in
§ 30 Appropriations; local or private purposes.
Sec.
30. The assent of two-thirds of the members elected to and serving
in
§ 31 General appropriation bills; priority, statement of estimated revenue.
Sec.
31. The general appropriation bills for the succeeding fiscal period
covering items set forth in the budget shall be passed or rejected
in
§ 33 Bills passed;
approval by governor or veto, reconsideration by legislature.
§ 37 Administrative
rules, suspension by legislative committee.
§ 43 Bank and trust company laws.
Sec.
43. No general law providing for the incorporation of trust
companies or corporations for banking purposes, or regulating the
business thereof, shall be enacted, amended or repealed except by a
vote of two-thirds of the members elected to and serving in
§ 53 Auditor general; appointment, qualifications, term, removal, post audits.
Sec.
53. The legislature by a majority vote of the members elected to and
serving in Independent investigations; reports. The auditor general upon direction by the legislature may employ independent accounting firms or legal counsel and may make investigations pertinent to the conduct of audits. He shall report annually to the legislature and to the governor and at such other times as he deems necessary or as required by the legislature. He shall be assigned no duties other than those specified in this section. Governing boards of institutions of higher education. Nothing in this section shall be construed in any way to infringe the responsibility and constitutional authority of the governing boards of the institutions of higher education to be solely responsible for the control and direction of all expenditures from the institutions’ funds. Staff members, civil service. The auditor general, his deputy and one other member of his staff shall be exempt from classified civil service. All other members of his staff shall have classified civil service status.
ARTICLE V, Executive Branch § 2 Principal departments. Sec. 2. All executive and administrative offices, agencies and instrumentalities of the executive branch of state government and their respective functions, powers and duties, except for the office of governor and lieutenant governor and the governing bodies of institutions of higher education provided for in this constitution, shall be allocated by law among and within not more than 20 principal departments. They shall be grouped as far as practicable according to major purposes. Organization of executive branch; assignment of functions; submission to legislature.
Subsequent to the initial allocation, the governor may make changes
in the organization of the executive branch or in the assignment of
functions among its units which he considers necessary for efficient
administration. Where these changes require the force of law, they
shall be set forth in executive orders and submitted to the
legislature. Thereafter the legislature shall have 60 calendar days
of a regular session, or a full regular session if of shorter
duration, to disapprove each executive order. Unless disapproved
§ 3 Single heads of departments; appointment, term.
Sec. 3.
The head of each principal department shall be a single executive
unless otherwise provided in this constitution or by law. The single
executives heading principal departments shall include a secretary
of state, a state treasurer and an attorney general. When a single
executive is the head of a principal department, unless elected or
appointed as otherwise provided in this constitution, he shall be
appointed by the governor by and with the advice and consent of the
Boards heading departments; appointment, term, removal.
When a
board or commission is at the head of a principal department, unless
elected or appointed as otherwise provided in this constitution, the
members thereof shall be appointed by the governor by and with the
advice and consent of the Boards and commissions, maximum term. Terms of office of any board or commission created or enlarged after the effective date of this constitution shall not exceed four years except as otherwise authorized in this constitution. The terms of office of existing boards and commissions which are longer than four years shall not be further extended except as provided in this constitution.
§ 6 Advice and consent to appointments.
Sec. 6.
Appointment by and with the advice and consent of the
§ 7 Vacancies in office; filling, senatorial disapproval of appointees.
Sec. 7.
Vacancies in any office, appointment to which requires advice and
consent of the
§ 13 Elections to fill vacancies in legislature.
Sec.
13. The governor shall issue writs of election to fill vacancies in
the
§ 18 Budget; general and deficiency appropriation bills.
Sec.
18. The governor shall submit to the legislature at a time fixed by
law, a budget for the ensuing fiscal period setting forth in detail,
for all operating funds, the proposed expenditures and estimated
revenue of the state. Proposed expenditures from any fund shall not
exceed the estimated revenue thereof. On the same date, the governor
shall submit to the legislature general appropriation bills to
embody the proposed expenditures and any necessary bill or bills to
provide new or additional revenues to meet proposed expenditures.
The amount of any surplus created or deficit incurred in any fund
during the last preceding fiscal period shall be entered as an item
in the budget and in one of the appropriation bills. The governor
may submit amendments to appropriation bills to be offered
§ 20 Reductions in expenditures.
Sec.
20. No appropriation shall be a mandate to spend. The governor, with
the approval of the appropriating committee
§ 25
Lieutenant governor; president of
Sec.
25. The lieutenant governor shall be president of the
§ 26 Succession to governorship. Sec. 26. In case of the conviction of the governor on impeachment, his removal from office, his resignation or his death, the lieutenant governor, the elected secretary of state, the elected attorney general and such other persons designated by law shall in that order be governor for the remainder of the governor’s term. Death of governor-elect. In case of the death of the governor-elect, the lieutenant governor-elect, the secretary of state-elect, the attorney general-elect and such other persons designated by law shall become governor in that order at the commencement of the governor-elect’s term. Duration of successor’s term as governor. If the governor or the person in line of succession to serve as governor is absent from the state, or suffering under an inability, the powers and duties of the office of the governor shall devolve in order of precedence until the absence or inability giving rise to the devolution of powers ceases. Determination of inability.
The
inability of the governor or person acting as governor shall be
determined by a majority of the supreme court on supreme court shall upon its own initiative determine if and when the inability ceases.
§ 28 State transportation commission; establishment; purpose; appointment, qualifications, and terms of members; director of state transportation department.
Sec.
28. There is hereby established a state transportation commission,
which shall establish policy for the state transportation department
transportation programs and facilities, and such other public works
of the state, as provided by law. The state transportation
commission shall consist of six members, not more than three of whom
shall be members of the same political party. They shall be
appointed by the governor by and with the advice and consent of the
§ 29 Civil rights commission; members, term, duties, appropriation.
Sec.
29. There is hereby established a civil rights commission which
shall consist of eight persons, not more than four of whom shall be
members of the same political party, who shall be appointed by the
governor, by and with the advice and consent of the Rules and regulations; hearings, orders. The commission shall have power, in accordance with the provisions of this constitution and of general laws governing administrative agencies, to promulgate rules and regulations for its own procedures, to hold hearings, administer oaths, through court authorization to require the attendance of witnesses and the submission of records, to take testimony, and to issue appropriate orders. The commission shall have other powers provided by law to carry out its purposes. Nothing contained in this section shall be construed to diminish the right of any party to direct and immediate legal or equitable remedies in the courts of this state. Appeals Appeals from final orders of the commission, including cease and desist orders and refusals to issue complaints, shall be tried de novo before the circuit court having jurisdiction provided by law. ARTICLE VI, Judicial Branch § 1 Judicial power in court of justice; divisions.
Sec. 1.
The judicial power of the state is vested exclusively in one court
of justice which shall be divided into one supreme court, one court
of appeals, one trial court of general jurisdiction known as the
circuit court, one probate court, and courts of limited jurisdiction
that the legislature may establish by a two-thirds vote of the
members elected to and serving in
§ 25 Removal of judges from office.
Sec.
25. For reasonable cause, which is not sufficient ground for
impeachment, the governor shall remove any judge on a concurrent
resolution of two-thirds of the members elected to and serving in
ARTICLE VIII, Education § 6 Other institutions of higher education, controlling boards.
Sec. 6.
Other institutions of higher education established by law having
authority to grant baccalaureate degrees shall each be governed by a
board of control which shall be a body corporate. The board shall
have general supervision of the institution and the control and
direction of all expenditures from the institution’s funds. It
shall, as often as necessary, elect a president of the institution
under its supervision. He shall be the principal executive officer
of the institution and be ex-officio a member of the board without
the right to vote. The board may elect one of its members or may
designate the president, to preside at board meetings. Each board of
control shall consist of eight members who shall hold office for
terms of eight years, not more than two of which shall expire in the
same year, and who shall be appointed by the governor by and with
the advice and consent of the
ARTICLE IX, Finance and Taxation
§ 3 Property taxation; uniformity; assessments; limitations; classes; approval of legislature.
Sec. 3.
The legislature shall provide for the uniform general ad valorem
taxation of real and tangible personal property not exempt by law
except for taxes levied for school operating purposes. The
legislature shall provide for the determination of true cash value
of such property; the proportion of true cash value at which such
property shall be uniformly assessed, which shall not, after January
1, 1966, exceed 50 percent; and for a system of equalization of
assessments. For taxes levied in 1995 and each year thereafter, the
legislature shall provide that the taxable value of each parcel of
property adjusted for additions and losses, shall not increase each
year by more than the increase in the immediately preceding year in
the general price level, as defined in section 33 of this article,
or 5 percent, whichever is less until ownership of the parcel of
property is transferred. When ownership of the parcel of property is
transferred as defined by law, the parcel shall be assessed at the
applicable proportion of current true cash value. The legislature
may provide for alternative means of taxation of designated real and
tangible personal property in lieu of general ad valorem taxation.
Every tax other than the general ad valorem property tax shall be
uniform upon the class or classes on which it operates. A law that
increases the statutory limits in effect as of February 1, 1994 on
the maximum amount of ad valorem property taxes that may be levied
for school district operating purposes requires the approval of 3/4
of the members elected to and serving in the
§ 15 Long term borrowing by state.
Sec.
15. The state may borrow money for specific purposes in amounts as
may be provided by acts of the legislature adopted by a vote of
two-thirds of the members elected to and serving in
§ 27 Exceeding revenue limit; conditions.
Sec.
27. The revenue limit of Section 26 of this Article may be exceeded
only if all of the following conditions are met: (1) The governor
requests the legislature to declare an emergency; (2) the request is
specific as to the nature of the emergency, the dollar amount of the
emergency, and the method by which the emergency will be funded; and
(3) the legislature thereafter declares an emergency in accordance
with the specific of the governor’s request by a two-thirds vote of
the members elected to and serving in ARTICLE X, Property § 5 State lands. Sec. 5. The legislature shall have general supervisory jurisdiction over all state owned lands useful for forest preserves, game areas and recreational purposes; shall require annual reports as to such lands from all departments having supervision or control thereof; and shall by general law provide for the sale, lease or other disposition of such lands. State land reserve.
The
legislature by an act adopted by two-thirds of the members elected
to and serving in
ARTICLE XI, Public Officers and Employment
§ 5 Classified state civil service; scope; exempted positions; appointment and terms of members of state civil service commission; state personnel director; duties of commission; collective bargaining for state police troopers and sergeants; appointments, promotions, demotions, or removals; increases or reductions in compensation; creating or abolishing positions; recommending compensation for unclassified service; appropriation; reports of expenditures; annual audit; payment for personal services; violation; injunctive or mandamus proceedings. Sec. 5. The classified state civil service shall consist of all positions in the state service except those filled by popular election, heads of principal departments, members of boards and commissions, the principal executive officer of boards and commissions heading principal departments, employees of courts of record, employees of the legislature, employees of the state institutions of higher education, all persons in the armed forces of the state, eight exempt positions in the office of the governor, and within each principal department, when requested by the department head, two other exempt positions, one of which shall be policy-making. The civil service commission may exempt three additional positions of a policy-making nature within each principal department. The civil service commission shall be non-salaried and shall consist of four persons, not more than two of whom shall be members of the same political party, appointed by the governor for terms of eight years, no two of which shall expire in the same year. The administration of the commission’s powers shall be vested in a state personnel director who shall be a member of the classified service and who shall be responsible to and selected by the commission after open competitive examination. The commission shall classify all positions in the classified service according to their respective duties and responsibilities, fix rates of compensation for all classes of positions, approve or disapprove disbursements for all personal services, determine by competitive examination and performance exclusively on the basis of merit, efficiency and fitness the qualifications of all candidates for positions in the classified service, make rules and regulations covering all personnel transactions, and regulate all conditions of employment in the classified service. State Police Troopers and Sergeants shall, through their elected representative designated by 50% of such troopers and sergeants, have the right to bargain collectively with their employer concerning conditions of their employment, compensation, hours, working conditions, retirement, pensions, and other aspects of employment except promotions which will be determined by competitive examination and performance on the basis of merit, efficiency and fitness; and they shall have the right 30 days after commencement of such bargaining to submit any unresolved disputes to binding arbitration for the resolution thereof the same as now provided by law for Public Police and Fire Departments. No person shall be appointed to or promoted in the classified service who has not been certified by the commission as qualified for such appointment or promotion. No appointments, promotions, demotions or removals in the classified service shall be made for religious, racial or partisan considerations.
Increases in rates of compensation authorized by the commission may
be effective only at the start of a fiscal year and shall require
prior notice to the governor, who shall transmit such increases to
the legislature as part of his budget. The legislature may, by a
majority vote of the members elected to and serving in The appointing authorities may create or abolish positions for reasons of administrative efficiency without the approval of the commission. Positions shall not be created nor abolished except for reasons of administrative efficiency. Any employee considering himself aggrieved by the abolition or creation of a position shall have a right of appeal to the commission through established grievance procedures. The civil service commission shall recommend to the governor and to the legislature rates of compensation for all appointed positions within the executive department not a part of the classified service. To enable the commission to exercise its powers, the legislature shall appropriate to the commission for the ensuing fiscal year a sum not less than one percent of the aggregate payroll of the classified service for the preceding fiscal year, as certified by the commission. Within six months after the conclusion of each fiscal year the commission shall return to the state treasury all moneys unexpended for that fiscal year. The commission shall furnish reports of expenditures, at least annually, to the governor and the legislature and shall be subject to annual audit as provided by law. No payment for personal services shall be made or authorized until the provisions of this constitution pertaining to civil service have been complied with in every particular. Violation of any of the provisions hereof may be restrained or observance compelled by injunctive or mandamus proceedings brought by any citizen of the state.
§ 7 Impeachment of civil officers.
Sec. 7.
The
Prosecution by 3 members of
When an
impeachment is directed, the
Trial
by
Every
impeachment shall be tried by the Conviction; vote, penalty.
No
person shall be convicted without the concurrence of two-thirds of
the Judicial officers, functions after impeachment. No judicial officer shall exercise any of the functions of his office after an impeachment is directed until he is acquitted.
ARTICLE XII, Amendment and Revision
§ 1 Amendment by legislative proposal and vote of electors.
Sec. 1.
Amendments to this constitution may be proposed in
§ 3 General revision of constitution; submission of question, convention delegates and meeting.
Sec. 3.
At the general election to be held in the year 1978, and in each
16th year thereafter and at such times as may be provided by law,
the question of a general revision of the constitution shall be
submitted to the electors of the state. If a majority of the
electors voting on the question decide in favor of a convention for
such purpose, at an election to be held not later than six months
after the proposal was certified as approved, the electors of each
representative district as then organized shall elect one delegate
Convention officers, rules, membership, personnel, publications. The convention shall choose its own officers, determine the rules of its proceedings and judge the qualifications, elections and returns of its members. To fill a vacancy in the office of any delegate, the governor shall appoint a qualified resident of the same district who shall be a member of the same party as the delegate vacating the office. The convention shall have power to appoint such officers, employees and assistants as it deems necessary and to fix their compensation; to provide for the printing and distribution of its documents, journals and proceedings; to explain and disseminate information about the proposed constitution and to complete the business of the convention in an orderly manner. Each delegate shall receive for his services compensation provided by law. Submission of proposed constitution or amendment. No proposed constitution or amendment adopted by such convention shall be submitted to the electors for approval as hereinafter provided unless by the assent of a majority of all the delegates elected to and serving in the convention, with the names and vote of those voting entered in the journal. Any proposed constitution or amendments adopted by such convention shall be submitted to the qualified electors in the manner and at the time provided by such convention not less than 90 days after final adjournment of the convention. Upon the approval of such constitution or amendments by a majority of the qualified electors voting thereon the constitution or amendments shall take effect as provided by the convention. |