HOUSE JOINT RESOLUTION R

 

 

June 20, 2017, Introduced by Rep. Yaroch and referred to the Committee on Government Operations.

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending section 9 of article II, section

 

8 of article III, sections 1, 7, 8, 11, 12, 14, 16, 17, 18, 19, 20,

 

22, 24, 26, 27, 29, 30, 31, 33, 37, 43, 53, and 54 of article IV,

 

sections 2, 3, 6, 7, 13, 18, 20, 25, 26, 28, and 29 of article V,

 

sections 1 and 25 of article VI, section 6 of article VIII,

 

sections 3, 15, and 27 of article IX, section 5 of article X,

 

sections 5 and 7 of article XI, and sections 1 and 3 of article

 

XII; adding section 1a to article IV and a schedule and temporary

 

provisions; and repealing sections 2, 3, 4, 6, and 21 of article

 

IV, to provide for the establishment of a unicameral nonpartisan

 

legislature.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state


constitution of 1963, to provide for the establishment of a

 

unicameral nonpartisan legislature, is proposed, agreed to, and

 

submitted to the people of the state:

 

ARTICLE II

 

     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.

 

     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.

 

     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.

 


     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.

 

     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 each house of the legislature. Laws approved by the people under

 

the referendum provision of this section may be amended by the

 

legislature at any subsequent session thereof. If two or more

 

measures approved by the electors at the same election conflict,

 

that the measure receiving the highest affirmative vote shall

 

prevail.

 

     The legislature shall implement the provisions of this

 

section.

 

ARTICLE III

 


     Sec. 8. Either house of the The legislature or the governor

 

may request the opinion of the supreme court on important questions

 

of law upon solemn occasions as to the constitutionality of

 

legislation after it has been enacted into law but before its

 

effective date.

 

ARTICLE IV

 

     Sec. 1. The Through December 31, 2018, the legislative power

 

of the State of Michigan is vested in a senate and a house of

 

representatives.

 

     Beginning January 1, 2019, the legislative power of the State

 

of Michigan is vested in a legislature consisting of one chamber.

 

The legislature shall consist of members elected for 4-year terms

 

as provided by law except that of the members first elected in

 

2018, half shall serve for 2-year terms and half shall serve for 4-

 

year terms. The legislature shall consist of 110 members from

 

single-member districts apportioned on the basis of population.

 

Each member shall be nominated and elected in a nonpartisan manner

 

and without any indication on the ballot that he or she is

 

affiliated with or endorsed by a political party.

 

     Sec. 1a. All authority vested by the constitution or laws of

 

this state in the senate, house of representatives, or joint

 

session of the senate and house of representatives, as applicable,

 

is vested in a legislature of one chamber. All provisions in the

 

constitution and laws of this state relating to the legislature,

 

the senate, the house of representatives, joint sessions of the

 

senate and house of representatives, senator, or member of the

 

house of representatives, as applicable, apply to and mean a

 


legislature of one chamber and its members. All references to clerk

 

of the house of representatives or secretary of the senate mean,

 

when applicable, the clerk of the legislature of one chamber. All

 

references to speaker of the house of representatives or temporary

 

president of the senate mean the majority leader of the

 

legislature. If a provision of the constitution requires submission

 

of any matter to, or action by, the house of representatives, the

 

senate, or joint session of the senate and house of

 

representatives, or the members of either body or both bodies, it

 

means the legislature of one chamber created in this article.

 

     This section takes effect January 1, 2019.

 

      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, 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

 

per cent 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.

 

     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.

 

     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. 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.

 

     Sec. 7. Each senator and representative state legislator must

 

be a citizen of the United States, at least 21 years of age, and an

 

elector of the district he or she represents. The removal of his a

 

legislator's domicile from the district shall be deemed a vacation

 

of the office. No person who has been convicted of subversion or

 

who has within the preceding 20 years been convicted of a felony

 

involving a breach of public trust shall be eligible for either

 

house of to serve in the legislature.

 

     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 either house of the legislature.

 

     Sec. 11. Except as provided by law, senators and

 

representatives a state legislator shall be privileged from civil

 

arrest and civil process during sessions of the legislature and for

 

five days next before the commencement and after the termination

 

thereof. They A state legislator shall not be questioned in any

 

other place for any speech in either house.the legislature.

 

     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.

 

     Sec. 14. A majority of the members elected to and serving in

 

each house the legislature shall constitute a quorum to do

 

business. A smaller number in each house may adjourn from day to

 

day, and may compel the attendance of absent members in the manner

 

and with penalties as each house the legislature may prescribe.

 

     Sec. 16. Each house, The legislature, 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 The legislature 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.

 

     Sec. 17. Each house of the The legislature may establish the

 

committees necessary for the efficient conduct of its business. and

 

the legislature may create joint committees. On all actions on

 

bills and resolutions in each committee, names and votes of members

 


shall be recorded. Such vote shall be available for public

 

inspection. Notice of all committee hearings and a clear statement

 

of all subjects to be considered at each hearing shall be published

 

in the journal in advance of the hearing.

 

     Sec. 18. Each house The legislature shall keep a journal of

 

its proceedings, and publish the same unless the public security

 

otherwise requires. The record of the vote and name of the members

 

of either house voting on any question shall be entered in the

 

journal at the request of one-fifth of the members present. Any

 

member of either house may dissent from and protest against any

 

act, proceeding, or resolution which he or she deems injurious to

 

any person or the public, and have the reason for his or her

 

dissent entered in the journal.

 

     Sec. 19. All elections in either house or in joint convention

 

the legislature and all votes on appointments submitted to the

 

senate legislature for advice and consent shall be published by

 

vote and name in the journal.

 

     Sec. 20. The doors of each house the legislature shall be open

 

unless the public security otherwise requires.

 

      Sec. 21. Neither house shall, without the consent of the

 

other, adjourn for more than two intervening calendar days, nor to

 

any place other than where the legislature may then be in session.

 

     Sec. 22. All legislation shall be by bill. and may originate

 

in either house.

 

     Sec. 24. No law shall embrace more than one object, which

 

shall be expressed in its title. No bill shall be altered or

 

amended on its passage through either house the legislature so as

 


to change its original purpose as determined by its total content

 

and not alone by its title.

 

     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 the legislature 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. the legislature. On the final passage of

 

bills, the votes and names of the members voting thereon shall be

 

entered in the journal.

 

     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 each house.the

 

legislature.

 

     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 each house the legislature

 

and by a majority of the electors voting thereon in the district

 

affected. Any act repealing local or special acts shall require

 

only a majority of the members elected to and serving in each house

 

the legislature and shall not require submission to the electors of

 

such district.

 

     Sec. 30. The assent of two-thirds of the members elected to

 


and serving in each house of the legislature shall be required for

 

the appropriation of public money or property for local or private

 

purposes.

 

     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 the legislature 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.

 

     Sec. 33. Every bill passed by the legislature shall be

 

presented to the governor before it becomes law, and the governor

 

shall have 14 days measured in hours and minutes from the time of

 

presentation in which to consider it. If he the governor approves,

 

he or she shall within that time sign and file it with the

 

secretary of state and it shall become law. If he the governor does

 

not approve, and the legislature has within that time finally

 

adjourned the session at which the bill was passed, it shall not

 

become law. If he the governor disapproves, and the legislature

 

continues the session at which the bill was passed, he the governor

 

shall return it to the legislature within such 14-day period with

 


his or her objections. , to the house in which it originated. That

 

house The legislature shall enter such objections in full in its

 

journal and reconsider the bill. If two-thirds of the members

 

elected to and serving in that house the legislature pass the bill

 

notwithstanding the objections of the governor, it shall be sent

 

with the objections to the other house for reconsideration. The the

 

bill shall become law. if passed by two-thirds of the members

 

elected to and serving in that house. The vote of each house the

 

legislature shall be entered in the journal with the votes and

 

names of the members voting thereon. If any bill is not returned by

 

the governor within such 14-day period, the legislature continuing

 

in session, it shall become law as if he the governor had signed

 

it.

 

     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.

 

     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

 

each house.the legislature.

 

     Sec. 53. The legislature by a majority vote of the members

 

elected to and serving in each house, the legislature, shall

 

appoint an auditor general, who shall be a certified public

 


accountant licensed to practice in this state, to serve for a term

 

of eight years. He The auditor general shall be ineligible for

 

appointment or election to any other public office in this state

 

from which compensation is derived while serving as auditor general

 

and for two years following the termination of his or her service.

 

He The auditor general may be removed for cause at any time by a

 

two-thirds vote of the members elected to and serving in each

 

house. the legislature. The auditor general shall conduct post

 

audits of financial transactions and accounts of the state and of

 

all branches, departments, offices, boards, commissions, agencies,

 

authorities, and institutions of the state established by this

 

constitution or by law, and performance post audits thereof.

 

     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 The auditor

 

general shall report annually to the legislature and to the

 

governor and at such other times as he or she deems necessary or as

 

required by the legislature. He The auditor general shall be

 

assigned no duties other than those specified in this section.

 

     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.

 

     The auditor general, his or her deputy, and one other member

 

of his the staff of the auditor general shall be exempt from

 

classified civil service. All other members of his the staff of the

 


auditor general shall have classified civil service status.

 

     Sec. 54. No person shall be elected to the office of state

 

representative legislator more than three four 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 office of state legislator 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, 1993.2019.

 

     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. 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.

 

     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 or she 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 in both houses by a resolution concurred in by a

 

majority of the members elected to and serving in each house, the

 

legislature, each order shall become effective at a date thereafter

 

to be designated by the governor.

 

     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 or she shall be appointed by the governor by

 

and with the advice and consent of the senate legislature and he

 

shall serve at the pleasure of the governor.

 

     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 senate.

 

legislature. The term of office and procedure for removal of such

 

members shall be as prescribed in this constitution or by law.

 

     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.

 

     Sec. 6. Appointment by and with the advice and consent of the

 

senate legislature when used in this constitution or laws in effect

 

or hereafter enacted means appointment subject to disapproval by a

 

majority vote of the members elected to and serving in the senate

 

legislature, if such action is taken within 60 session days after

 

the date of such appointment. Any appointment not disapproved

 

within such period shall stand confirmed.

 

     Sec. 7. Vacancies in any office, appointment to which requires

 

advice and consent of the senate, legislature, shall be filled by

 

the governor by and with the advice and consent of the senate.

 

legislature. A person whose appointment has been disapproved by the

 

senate legislature shall not be eligible for an interim appointment

 

to the same office.

 

     Sec. 13. The governor shall issue writs of election to fill

 

vacancies in the senate or house of representatives. legislature.

 

Any such election shall be held in a manner prescribed by law.

 

     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 in either house the legislature

 

during consideration of the bill, by that house, and shall submit

 

bills to meet deficiencies in current appropriations.

 

     Sec. 20. No appropriation shall be a mandate to spend. The

 

governor, with the approval of the appropriating committees

 

committee of the house and senate, legislature, shall reduce

 

expenditures authorized by appropriations whenever it appears that

 

actual revenues for a fiscal period will fall below the revenue

 

estimates on which appropriations for that period were based.

 

Reductions in expenditures shall be made in accordance with

 

procedures prescribed by law. The governor may not reduce

 

expenditures of the legislative and judicial branches or from funds

 

constitutionally dedicated for specific purposes.

 

     Sec. 25. The lieutenant governor shall be president of the

 

senate, legislature, but shall have no vote, unless they be equally

 

divided. He The lieutenant governor may perform duties requested of

 

him by the governor, but no power vested in the governor shall be

 

delegated.

 

     Sec. 26. In case of the conviction of the governor on

 

impeachment, his removal of the governor from office, his or the

 

governor's 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.

 

     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.

 

     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.

 

     The inability of the governor or person acting as governor

 

shall be determined by a majority of the supreme court on joint

 

request of the president pro tempore of the senate and the speaker

 

of the house of representatives. majority leader of the

 

legislature. Such determination shall be final and conclusive. The

 

supreme court shall upon its own initiative determine if and when

 

the inability ceases.

 

     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 senate legislature for three-

 

year terms, no three of which shall expire in the same year, as

 

provided by law.

 

     The director of the state transportation department shall be

 

appointed as provided by law and shall be the principal executive

 

officer of the state transportation department and shall be

 

responsible for executing the policy of the state transportation

 

commission.

 

     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 senate, legislature, for four-year terms not more than two of

 

which shall expire in the same year. It shall be the duty of the

 

commission in a manner which may be prescribed by law to

 

investigate alleged discrimination against any person because of

 

religion, race, color, or national origin in the enjoyment of the

 

civil rights guaranteed by law and by this constitution, and to

 

secure the equal protection of such civil rights without such

 

discrimination. The legislature shall provide an annual

 

appropriation for the effective operation of the commission.

 

     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 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

 

     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 each

 

house.the legislature.

 

     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 each house of the legislature. The cause for removal

 

shall be stated at length in the resolution.

 

ARTICLE VIII

 

     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 The president 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

 

senate. legislature. Vacancies shall be filled in like manner.

 

ARTICLE IX

 

     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

 

Senate and in the House of Representatives.legislature.

 

     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 each

 

house, the legislature, and approved by a majority of the electors

 

voting thereon at any general election. The question submitted to

 

the electors shall state the amount to be borrowed, the specific

 

purpose to which the funds shall be devoted, and the method of

 

repayment.

 

     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 each house. the legislature. The emergency must be

 

declared in accordance with this section prior to incurring any of

 


the expenses which constitute the emergency request. The revenue

 

limit may be exceeded only during the fiscal year for which the

 

emergency is declared. In no event shall any part of the amount

 

representing a refund under Section 26 of this Article be the

 

subject of an emergency request.

 

ARTICLE X

 

     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.

 

     The legislature by an act adopted by two-thirds of the members

 

elected to and serving in each house the legislature may designate

 

any part of such lands as a state land reserve. No lands in the

 

state land reserve may be removed from the reserve, sold, leased or

 

otherwise disposed of except by an act of the legislature.

 

ARTICLE XI

 

     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 the governor's budget.

 

The legislature may, by a majority vote of the members elected to

 

and serving in each house, the legislature, waive the notice and

 

permit increases in rates of compensation to be effective at a time

 

other than the start of a fiscal year. Within 60 calendar days

 

following such transmission, the legislature may, by a two-thirds

 

vote of the members elected to and serving in each house, the

 

legislature, reject or reduce increases in rates of compensation

 

authorized by the commission. Any reduction ordered by the

 

legislature shall apply uniformly to all classes of employees

 

affected by the increases and shall not adjust pay differentials

 

already established by the civil service commission. The

 

legislature may not reduce rates of compensation below those in

 

effect at the time of the transmission of increases authorized by

 


the commission.

 

     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 or herself 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.

 

     Sec. 7. The house of representatives legislature shall have

 

the sole power of impeaching civil officers for corrupt conduct in

 

office or for crimes or misdemeanors, but a majority of the members

 

elected thereto to and serving therein in the legislature shall be

 

necessary to direct an impeachment.

 

     When an impeachment is directed, the house of representatives

 

legislature shall elect three of its members to prosecute the

 

impeachment.

 

     Every impeachment shall be tried by the senate legislature

 

immediately after the final adjournment of the legislature. The

 

senators legislators shall take an oath or affirmation truly and

 

impartially to try and determine the impeachment according to the

 

evidence. When the governor or lieutenant governor is tried, the

 

chief justice of the supreme court shall preside.

 

     No person shall be convicted without the concurrence of two-

 

thirds of the senators legislators elected and serving. Judgment in

 

case of conviction shall not extend further than removal from

 

office, but the person convicted shall be liable to punishment

 

according to law.

 

     No judicial officer shall exercise any of the functions of his

 

or her office after an impeachment is directed until he the

 

judicial officer is acquitted.

 

ARTICLE XII

 

     Sec. 1. Amendments to this constitution may be proposed in the

 

senate or house of representatives. legislature. Proposed

 

amendments agreed to by two-thirds of the members elected to and

 


serving in each house the legislature on a vote with the names and

 

vote of those voting entered in the respective journals journal of

 

the legislature shall be submitted, not less than 60 days

 

thereafter, to the electors at the next general election or special

 

election as the legislature shall direct. If a majority of electors

 

voting on a proposed amendment approve the same, it shall become

 

part of the constitution and shall abrogate or amend existing

 

provisions of the constitution at the end of 45 days after the date

 

of the election at which it was approved.

 

     Sec. 3. At the general election to be held in the year 1978,

 

and in each 16th sixteenth 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 legislative district as then

 

organized shall elect one delegate and the electors of each

 

senatorial district as then organized shall elect one delegate at a

 

partisan election. The delegates so elected shall convene at the

 

seat of government on the first Tuesday in October next succeeding

 

such election or at an earlier date if provided by law.

 

     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 or her services compensation provided by law.

 

     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.

 

 SCHEDULE AND TEMPORARY PROVISIONS

 

     To ensure the orderly transition from a bicameral legislature

 

to an unicameral legislature, the following schedule and temporary

 

provisions are set forth to be effective for such period as are

 

thereby required:

 

     Sec. 1. The foregoing amendment to the constitution of 1963

 

shall take effect January 1, 2019. Until January 1, 2019, the

 


sections of the state constitution of 1963 that the foregoing

 

amendment amends shall continue in effect as though the foregoing

 

amendment had not been adopted.

 

     Sec. 2. The senate and house of representatives are abolished

 

at midnight, December 31, 2018. The terms of senators elected at

 

the general election in 2014 or to fill any vacancy existing in the

 

senate before December 31, 2018 and the terms of representatives

 

elected at the general election in 2016 or to fill any vacancy

 

existing in the house of representatives before December 31, 2018

 

shall expire at midnight, December 31, 2018.

 

     Sec. 3. To enable a unicameral nonpartisan legislature to

 

commence January 1, 2019, the legislators who will assume office

 

January 1, 2019 shall be elected at the general election in 2018 in

 

the manner provided by law and consistent with this constitution.

 

     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.