House Introduced Bill HJRQ

HOUSE JOINT RESOLUTION Q

June 19, 2001, Introduced by Reps. Ruth Johnson, Lemmons, Bovin and Godchaux and referred to the Committee on House
Oversight and Operations.

A joint resolution proposing an amendment to the state con-

stitution 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, sec-

tions 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 pro-

vide for the establishment of a unicameral 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

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unicameral legislature, is proposed, agreed to, and submitted to

the people of the state:

1
ARTICLE II

2
Sec. 9. The people reserve to themselves the power to pro-

3
pose laws and to enact and reject laws, called the initiative,

4
and the power to approve or reject laws enacted by the legisla-

5
ture, called the referendum. The power of initiative extends

6
only to laws which the legislature may enact under this

7
constitution. The power of referendum does not extend to acts

8
making appropriations for state institutions or to meet deficien-

9
cies in state funds and must be invoked in the manner prescribed

10
by law within 90 days following the final adjournment of the leg-

11
islative session at which the law was enacted. To invoke the

12
initiative or referendum, petitions signed by a number of regis-

13
tered electors, not less than eight percent for initiative and

14
five percent for referendum of the total vote cast for all candi-

15
dates for governor at the last preceding general election at

16
which a governor was elected shall be required.

17
No law as to which the power of referendum properly has been

18
invoked shall be effective thereafter unless approved by a major-

19
ity of the electors voting thereon at the next general election.

20
Any law proposed by initiative petition shall be either

21
enacted or rejected by the legislature without change or amend-

22
ment within 40 session days from the time such petition is

23
received by the legislature. If any law proposed by such

24
petition shall be enacted by the legislature it shall be subject

25
to referendum, as hereinafter provided.

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1
If the law so proposed is not enacted by the legislature

2
within the 40 days, the state officer authorized by law shall

3
submit such proposed law to the people for approval or rejection

4
at the next general election. The legislature may reject any

5
measure so proposed by initiative petition and propose a differ-

6
ent measure upon the same subject by a yea and nay vote upon sep-

7
arate roll calls, and in such event both measures shall be sub-

8
mitted by such state officer to the electors for approval or

9
rejection at the next general election.

10
Any law submitted to the people by either initiative or ref-

11
erendum petition and approved by a majority of the votes cast

12
thereon at any election shall take effect 10 days after the date

13
of the official declaration of the vote. No law initiated or

14
adopted by the people shall be subject to the veto power of the

15
governor, and no law adopted by the people at the polls under the

16
initiative provisions of this section shall be amended or

17
repealed, except by a vote of the electors unless otherwise pro-

18
vided in the initiative measure or by three-fourths of the mem-

19
bers elected to and serving in each house of the legislature.

20
Laws approved by the people under the referendum provision of

21
this section may be amended by the legislature at any subsequent

22
session thereof. If two or more measures approved by the elec-

23
tors at the same election conflict, that THE MEASURE receiving

24
the highest affirmative vote shall prevail.

25
The legislature shall implement the provisions of this

26
section.

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ARTICLE III

2
Sec. 8. Either house of the THE legislature or the gover-

3
nor may request the opinion of the supreme court on important

4
questions of law upon solemn occasions as to the constitutional-

5
ity of legislation after it has been enacted into law but before

6
its effective date.

7
ARTICLE IV

8
Sec. 1. The THROUGH DECEMBER 31, 2004, THE legislative

9
power of the State of Michigan is vested in a senate and a house

10
of representatives.

11
BEGINNING JANUARY 1, 2005, THE LEGISLATIVE POWER OF THE

12
STATE OF MICHIGAN IS VESTED IN A LEGISLATURE CONSISTING OF ONE

13
CHAMBER. THE LEGISLATURE SHALL CONSIST OF MEMBERS ELECTED FOR

14
STAGGERED FOUR-YEAR TERMS AS PROVIDED BY LAW. THE LEGISLATURE

15
SHALL CONSIST OF 110 MEMBERS FROM SINGLE MEMBER DISTRICTS APPOR-

16
TIONED ON THE BASIS OF POPULATION.

17
SEC. 1A. ALL AUTHORITY VESTED BY THE CONSTITUTION OR LAWS

18
OF THIS STATE IN THE SENATE, HOUSE OF REPRESENTATIVES, OR JOINT

19
SESSION OF THE SENATE AND HOUSE OF REPRESENTATIVES, AS APPLICA-

20
BLE, IS VESTED IN A LEGISLATURE OF ONE CHAMBER. ALL PROVISIONS

21
IN THE CONSTITUTION AND LAWS OF THIS STATE RELATING TO THE LEGIS-

22
LATURE, THE SENATE, THE HOUSE OF REPRESENTATIVES, JOINT SESSIONS

23
OF THE SENATE AND HOUSE OF REPRESENTATIVES, SENATOR, OR MEMBER OF

24
THE HOUSE OF REPRESENTATIVES, AS APPLICABLE, APPLY TO AND MEAN A

25
LEGISLATURE OF ONE CHAMBER AND ITS MEMBERS. ALL REFERENCES TO

26
CLERK OF THE HOUSE OF REPRESENTATIVES OR SECRETARY OF THE SENATE

27
MEAN, WHEN APPLICABLE, THE CLERK OF THE LEGISLATURE OF ONE

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CHAMBER. ALL REFERENCES TO SPEAKER OF THE HOUSE OF

2
REPRESENTATIVES OR TEMPORARY PRESIDENT OF THE SENATE MEAN THE

3
MAJORITY LEADER OF THE LEGISLATURE. IF A PROVISION OF THE CON-

4
STITUTION REQUIRES SUBMISSION OF ANY MATTER TO, OR ACTION BY, THE

5
HOUSE OF REPRESENTATIVES, THE SENATE, OR JOINT SESSION OF THE

6
SENATE AND HOUSE OF REPRESENTATIVES, OR THE MEMBERS OF EITHER

7
BODY OR BOTH BODIES, IT MEANS THE LEGISLATURE OF ONE CHAMBER CRE-

8
ATED IN THIS ARTICLE.

9
THIS SECTION SHALL TAKE EFFECT JANUARY 1, 2005.

10
Sec. 2. The senate shall consist of 38 members to be

11
elected from single member districts at the same election as the

12
governor for four-year terms concurrent with the term of office

13
of the governor.

14
In districting the state for the purpose of electing sena-

15
tors after the official publication of the total population count

16
of each federal decennial census, each county shall be assigned

17
apportionment factors equal to the sum of its percentage of the

18
state's population as shown by the last regular federal decennial

19
census computed to the nearest one-one hundredth of one percent

20
multiplied by four and its percentage of the state's land area

21
computed to the nearest one-one hundredth of one percent.

22
In arranging the state into senatorial districts, the appor-

23
tionment commission shall be governed by the following rules:

24
(1) Counties with 13 or more apportionment factors shall be

25
entitled as a class to senators in the proportion that the total

26
apportionment factors of such counties bear to the total

27
apportionment factors of the state computed to the nearest whole

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number. After each such county has been allocated one senator,

2
the remaining senators to which this class of counties is enti-

3
tled shall be distributed among such counties by the method of

4
equal proportions applied to the apportionment factors.

5
(2) Counties having less than 13 apportionment factors shall

6
be entitled as a class to senators in the proportion that the

7
total apportionment factors of such counties bear to the total

8
apportionment factors of the state computed to the nearest whole

9
number. Such counties shall thereafter be arranged into senato-

10
rial districts that are compact, convenient, and contiguous by

11
land, as rectangular in shape as possible, and having as nearly

12
as possible 13 apportionment factors, but in no event less than

13
10 or more than 16. Insofar as possible, existing senatorial

14
districts at the time of reapportionment shall not be altered

15
unless there is a failure to comply with the above standards.

16
(3) Counties entitled to two or more senators shall be

17
divided into single member districts. The population of such

18
districts shall be as nearly equal as possible but shall not be

19
less than 75 per cent nor more than 125 percent of a number

20
determined by dividing the population of the county by the number

21
of senators to which it is entitled. Each such district shall

22
follow incorporated city or township boundary lines to the extent

23
possible and shall be compact, contiguous, and as nearly uniform

24
in shape as possible.

25
Sec. 3. The house of representatives shall consist of 110

26
members elected for two-year terms from single member districts

27
apportioned on a basis of population as provided in this

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article. The districts shall consist of compact and convenient

2
territory contiguous by land.

3
Each county which has a population of not less than

4
seven-tenths of one percent of the population of the state shall

5
constitute a separate representative area. Each county having

6
less than seven-tenths of one percent of the population of the

7
state shall be combined with another county or counties to form a

8
representative area of not less than seven-tenths of one percent

9
of the population of the state. Any county which is isolated

10
under the initial allocation as provided in this section shall be

11
joined with that contiguous representative area having the small-

12
est percentage of the state's population. Each such representa-

13
tive area shall be entitled initially to one representative.

14
After the assignment of one representative to each of the

15
representative areas, the remaining house seats shall be appor-

16
tioned among the representative areas on the basis of population

17
by the method of equal proportions.

18
Any county comprising a representative area entitled to two

19
or more representatives shall be divided into single member rep-

20
resentative districts as follows:

21
(1) The population of such districts shall be as nearly

22
equal as possible but shall not be less than 75 percent nor more

23
than 125 percent of a number determined by dividing the popula-

24
tion of the representative area by the number of representatives

25
to which it is entitled.

26
(2) Such single member districts shall follow city and

27
township boundaries where applicable and shall be composed of

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compact and contiguous territory as nearly square in shape as

2
possible.

3
Any representative area consisting of more than one county,

4
entitled to more than one representative, shall be divided into

5
single member districts as equal as possible in population,

6
adhering to county lines.

7
Sec. 4. In counties having more than one representative or

8
senatorial district, the territory in the same county annexed to

9
or merged with a city between apportionments shall become a part

10
of a contiguous representative or senatorial district in the city

11
with which it is combined, if provided by ordinance of the city.

12
The district or districts with which the territory shall be com-

13
bined shall be determined by such ordinance certified to the sec-

14
retary of state. No such change in the boundaries of a represen-

15
tative or senatorial district shall have the effect of removing a

16
legislator from office during his term.

17
Sec. 6. A commission on legislative apportionment is

18
hereby established consisting of eight electors, four of whom

19
shall be selected by the state organizations of each of the two

20
political parties whose candidates for governor received the

21
highest vote at the last general election at which a governor was

22
elected preceding each apportionment. If a candidate for gover-

23
nor of a third political party has received at such election more

24
than 25 percent of such gubernatorial vote, the commission shall

25
consist of 12 members, four of whom shall be selected by the

26
state organization of the third political party. One resident of

27
each of the following four regions shall be selected by each

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political party organization: (1) the upper peninsula; (2) the

2
northern part of the lower peninsula, north of a line drawn along

3
the northern boundaries of the counties of Bay, Midland,

4
Isabella, Mecosta, Newaygo and Oceana; (3) southwestern Michigan,

5
those counties south of region (2) and west of a line drawn along

6
the western boundaries of the counties of Bay, Saginaw,

7
Shiawassee, Ingham, Jackson and Hillsdale; (4) southeastern

8
Michigan, the remaining counties of the state.

9
No officers or employees of the federal, state, or local

10
governments, excepting notaries public and members of the armed

11
forces reserve, shall be eligible for membership on the

12
commission. Members of the commission shall not be eligible for

13
election to the legislature until two years after the apportion-

14
ment in which they participated becomes effective.

15
The commission shall be appointed immediately after the

16
adoption of this constitution and whenever apportionment or dis-

17
tricting of the legislature is required by the provisions of this

18
constitution. Members of the commission shall hold office until

19
each apportionment or districting plan becomes effective.

20
Vacancies shall be filled in the same manner as for original

21
appointment.

22
The secretary of state shall be secretary of the commission

23
without vote, and in that capacity shall furnish, under the

24
direction of the commission, all necessary technical services.

25
The commission shall elect its own chairman, shall make its own

26
rules of procedure, and shall receive compensation provided by

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law. The legislature shall appropriate funds to enable the

2
commission to carry out its activities.

3
Within 30 days after the adoption of this constitution, and

4
after the official total population count of each federal decen-

5
nial census of the state and its political subdivisions is avail-

6
able, the secretary of state shall issue a call convening the

7
commission not less than 30 nor more than 45 days thereafter.

8
The commission shall complete its work within 180 days after all

9
necessary census information is available. The commission shall

10
proceed to district and apportion the senate and house of repre-

11
sentatives according to the provisions of this constitution. All

12
final decisions shall require the concurrence of a majority of

13
the members of the commission. The commission shall hold public

14
hearings as may be provided by law.

15
Each final apportionment and districting plan shall be pub-

16
lished as provided by law within 30 days from the date of its

17
adoption and shall become law 60 days after publication. The

18
secretary of state shall keep a public record of all the proceed-

19
ings of the commission and shall be responsible for the publica-

20
tion and distribution of each plan.

21
If a majority of the commission cannot agree on a plan, each

22
member of the commission, individually or jointly with other mem-

23
bers, may submit a proposed plan to the supreme court. The

24
supreme court shall determine which plan complies most accurately

25
with the constitutional requirements and shall direct that it be

26
adopted by the commission and published as provided in this

27
section.

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Upon the application of any elector filed not later than 60

2
days after final publication of the plan, the supreme court, in

3
the exercise of original jurisdiction, shall direct the secretary

4
of state or the commission to perform their duties, may review

5
any final plan adopted by the commission, and shall remand such

6
plan to the commission for further action if it fails to comply

7
with the requirements of this constitution.

8
Sec. 7. Each senator and representative STATE LEGISLATOR

9
must be a citizen of the United States, at least 21 18 years of

10
age, and an elector of the district he OR SHE represents. The

11
removal of his A LEGISLATOR'S domicile from the district shall

12
be deemed a vacation of the office. No person who has been con-

13
victed of subversion or who has within the preceding 20 years

14
been convicted of a felony involving a breach of public trust

15
shall be eligible for either house of TO SERVE IN the

16
legislature.

17
Sec. 8. No person holding any office, employment or posi-

18
tion under the United States or this state or a political subdi-

19
vision thereof, except notaries public and members of the armed

20
forces reserve, may be a member of either house of the

21
legislature.

22
Sec. 11. Except as provided by law, senators and

23
representatives A STATE LEGISLATOR shall be privileged from

24
civil arrest and civil process during sessions of the legislature

25
and for five days next before the commencement and after the

26
termination thereof. They A STATE LEGISLATOR shall not be

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questioned in any other place for any speech in either house

2
THE LEGISLATURE.

3
Sec. 12. The state officers compensation commission is cre-

4
ated which shall determine MAKE RECOMMENDATIONS ON the salaries

5
and expense allowances of the members of the legislature, the

6
governor, the lieutenant governor, and the justices of the

7
supreme court. The commission shall consist of 7 SEVEN members

8
appointed by the governor. The commission shall determine the

9
salaries and expense allowances of the members of the legisla-

10
ture, the governor, the lieutenant governor and the justices of

11
the supreme court which determinations shall be the salaries and

12
expense allowances unless the legislature by concurrent resolu-

13
tion adopted by 2/3 TWO-THIRDS of the members elected to and

14
serving in each house of the legislature reject them. The com-

15
mission shall meet each 2 FOUR years for no more than 15 ses-

16
sion days. The legislature shall implement this section by law.

17
Sec. 14. A majority of the members elected to and serving

18
in each house THE LEGISLATURE shall constitute a quorum to do

19
business. A smaller number in each house may adjourn from day

20
to day, and may compel the attendance of absent members in the

21
manner and with penalties as each house THE LEGISLATURE may

22
prescribe.

23
Sec. 16. Each house THE LEGISLATURE, except as otherwise

24
provided in this constitution, shall choose its own officers and

25
determine the rules of its proceedings, but shall not adopt any

26
rule that will prevent a majority of the members elected thereto

27
and serving therein from discharging a committee from the further

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consideration of any measure. Each house THE LEGISLATURE shall

2
be the sole judge of the qualifications, elections, and returns

3
of its members, and may, with the concurrence of two-thirds of

4
all the members elected thereto and serving therein, expel a

5
member. The reasons for such expulsion shall be entered in the

6
journal, with the votes and names of the members voting upon the

7
question. No member shall be expelled a second time for the same

8
cause.

9
Sec. 17. Each house of the THE legislature may establish

10
the committees necessary for the efficient conduct of its

11
business. and the legislature may create joint committees. On

12
all actions on bills and resolutions in each committee, names and

13
votes of members shall be recorded. Such vote shall be available

14
for public inspection. Notice of all committee hearings and a

15
clear statement of all subjects to be considered at each hearing

16
shall be published in the journal in advance of the hearing.

17
Sec. 18. Each house THE LEGISLATURE shall keep a journal

18
of its proceedings, and publish the same unless the public secur-

19
ity otherwise requires. The record of the vote and name of the

20
members of either house voting on any question shall be entered

21
in the journal at the request of one-fifth of the members

22
present. Any member of either house may dissent from and pro-

23
test against any act, proceeding, or resolution which he OR SHE

24
deems injurious to any person or the public, and have the reason

25
for his OR HER dissent entered in the journal.

26
Sec. 19. All elections in either house or in joint

27
convention THE LEGISLATURE and all votes on appointments

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submitted to the senate LEGISLATURE for advice and consent

2
shall be published by vote and name in the journal.

3
Sec. 20. The doors of each house THE LEGISLATURE shall be

4
open unless the public security otherwise requires.

5
Sec. 21. Neither house shall, without the consent of the

6
other, adjourn for more than two intervening calendar days, nor

7
to any place other than where the legislature may then be in

8
session.

9
Sec. 22. All legislation shall be by bill. and may origi-

10
nate in either house.

11
Sec. 24. No law shall embrace more than one object, which

12
shall be expressed in its title. No bill shall be altered or

13
amended on its passage through either house THE LEGISLATURE so

14
as to change its original purpose as determined by its total con-

15
tent and not alone by its title.

16
Sec. 26. No bill shall be passed or become a law at any

17
regular session of the legislature until it has been printed or

18
reproduced and in the possession of each house THE LEGISLATURE

19
for at least five days. Every bill shall be read three times in

20
each house before the final passage thereof. No bill shall

21
become a law without the concurrence of a majority of the members

22
elected to and serving in each house THE LEGISLATURE. On the

23
final passage of bills, the votes and names of the members voting

24
thereon shall be entered in the journal.

25
Sec. 27. No act shall take effect until the expiration of

26
90 days from the end of the session at which it was passed, but

27
the legislature may give immediate effect to acts by a two-thirds

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

2
LEGISLATURE.

3
Sec. 29. The legislature shall pass no local or special act

4
in any case where a general act can be made applicable, and

5
whether a general act can be made applicable shall be a judicial

6
question. No local or special act shall take effect until

7
approved by two-thirds of the members elected to and serving in

8
each house THE LEGISLATURE and by a majority of the electors

9
voting thereon in the district affected. Any act repealing local

10
or special acts shall require only a majority of the members

11
elected to and serving in each house THE LEGISLATURE and shall

12
not require submission to the electors of such district.

13
Sec. 30. The assent of two-thirds of the members elected to

14
and serving in each house of the legislature shall be required

15
for the appropriation of public money or property for local or

16
private purposes.

17
Sec. 31. The general appropriation bills for the succeeding

18
fiscal period covering items set forth in the budget shall be

19
passed or rejected in either house of the legislature before

20
that house THE LEGISLATURE passes any appropriation bill for

21
items not in the budget except bills supplementing appropriations

22
for the current fiscal year's operation. Any bill requiring an

23
appropriation to carry out its purpose shall be considered an

24
appropriation bill. One of the general appropriation bills as

25
passed by the legislature shall contain an itemized statement of

26
estimated revenue by major source in each operating fund for the

27
ensuing fiscal period, the total of which shall not be less than

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the total of all appropriations made from each fund in the

2
general appropriation bills as passed.

3
Sec. 33. Every bill passed by the legislature shall be

4
presented to the governor before it becomes law, and the governor

5
shall have 14 days measured in hours and minutes from the time of

6
presentation in which to consider it. If he THE GOVERNOR

7
approves, he OR SHE shall within that time sign and file it with

8
the secretary of state and it shall become law. If he THE

9
GOVERNOR does not approve, and the legislature has within that

10
time finally adjourned the session at which the bill was passed,

11
it shall not become law. If he THE GOVERNOR disapproves, and

12
the legislature continues the session at which the bill was

13
passed, he THE GOVERNOR shall return it TO THE LEGISLATURE

14
within such 14-day period with his OR HER objections. , to the

15
house in which it originated. That house THE LEGISLATURE shall

16
enter such objections in full in its journal and reconsider the

17
bill. If two-thirds of the members elected to and serving in

18
that house THE LEGISLATURE pass the bill notwithstanding the

19
objections of the governor, it shall be sent with the objections

20
to the other house for reconsideration. The THE bill shall

21
become law. if passed by two-thirds of the members elected to

22
and serving in that house. The vote of each house THE

23
LEGISLATURE shall be entered in the journal with the votes and

24
names of the members voting thereon. If any bill is not returned

25
by the governor within such 14-day period, the legislature

26
continuing in session, it shall become law as if he THE

27
GOVERNOR had signed it.

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Sec. 37. The legislature may by concurrent resolution

2
empower a joint committee of the legislature, acting between

3
sessions, to suspend any rule or regulation promulgated by an

4
administrative agency subsequent to the adjournment of the last

5
preceding regular legislative session. Such suspension shall

6
continue no longer than the end of the next regular legislative

7
session.

8
Sec. 43. No general law providing for the incorporation of

9
trust companies or corporations for banking purposes, or regulat-

10
ing the business thereof, shall be enacted, amended or repealed

11
except by a vote of two-thirds of the members elected to and

12
serving in each house THE LEGISLATURE.

13
Sec. 53. The legislature by a majority vote of the members

14
elected to and serving in each house THE LEGISLATURE, shall

15
appoint an auditor general, who shall be a certified public

16
accountant licensed to practice in this state, to serve for a

17
term of eight years. He THE AUDITOR GENERAL shall be ineligi-

18
ble for appointment or election to any other public office in

19
this state from which compensation is derived while serving as

20
auditor general and for two years following the termination of

21
his service. He THE AUDITOR GENERAL may be removed for cause

22
at any time by a two-thirds vote of the members elected to and

23
serving in each house THE LEGISLATURE. The auditor general

24
shall conduct post audits of financial transactions and accounts

25
of the state and of all branches, departments, offices, boards,

26
commissions, agencies, authorities, and institutions of the state

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established by this constitution or by law, and performance post

2
audits thereof.

3
The auditor general upon direction by the legislature may

4
employ independent accounting firms or legal counsel and may make

5
investigations pertinent to the conduct of audits. He THE

6
AUDITOR GENERAL shall report annually to the legislature and to

7
the governor and at such other times as he OR SHE deems necessary

8
or as required by the legislature. He THE AUDITOR GENERAL

9
shall be assigned no duties other than those specified in this

10
section.

11
Nothing in this section shall be construed in any way to

12
infringe the responsibility and constitutional authority of the

13
governing boards of the institutions of higher education to be

14
solely responsible for the control and direction of all expendi-

15
tures from the institutions' funds.

16
The auditor general, his OR HER deputy and one other member

17
of his THE staff OF THE AUDITOR GENERAL shall be exempt from

18
classified civil service. All other members of his THE staff

19
OF THE AUDITOR GENERAL shall have classified civil service

20
status.

21
Sec. 54. No person shall be elected to the office of state

22
representative LEGISLATOR more than three times. No person

23
shall be elected to the office of state senate more than two

24
times. Any person appointed or elected to fill a vacancy in the

25
house of representatives or the state senate OFFICE OF STATE

26
LEGISLATOR for a period greater than one half of a term of such

27
office, shall be considered to have been elected to serve one

04199'01

1
time in that office for purposes of this section. This

2
limitation on the number of times a person shall be elected to

3
office shall apply to terms of office beginning on or after

4
January 1, 1993 2005.

5
This section shall be self-executing. Legislation may be

6
enacted to facilitate operation of this section, but no law shall

7
limit or restrict the application of this section. If any part

8
of this section is held to be invalid or unconstitutional, the

9
remaining parts of this section shall not be affected but will

10
remain in full force and effect.

11
ARTICLE V

12
Sec. 2. All executive and administrative offices, agencies,

13
and instrumentalities of the executive branch of state government

14
and their respective functions, powers, and duties, except for

15
the office of governor, and lieutenant governor and the governing

16
bodies of institutions of higher education provided for in this

17
constitution, shall be allocated by law among and within not more

18
than 20 principal departments. They shall be grouped as far as

19
practicable according to major purposes.

20
Subsequent to the initial allocation, the governor may make

21
changes in the organization of the executive branch or in the

22
assignment of functions among its units which he OR SHE considers

23
necessary for efficient administration. Where these changes

24
require the force of law, they shall be set forth in executive

25
orders and submitted to the legislature. Thereafter the

26
legislature shall have 60 calendar days of a regular session, or

27
a full regular session if of shorter duration, to disapprove each

04199'01

1
executive order. Unless disapproved in both houses by a

2
resolution concurred in by a majority of the members elected to

3
and serving in each house THE LEGISLATURE, each order shall

4
become effective at a date thereafter to be designated by the

5
governor.

6
Sec. 3. The head of each principal department shall be a

7
single executive unless otherwise provided in this constitution

8
or by law. The single executives heading principal departments

9
shall include a secretary of state, a state treasurer, and an

10
attorney general. When a single executive is the head of a prin-

11
cipal department, unless elected or appointed as otherwise pro-

12
vided in this constitution, he OR SHE shall be appointed by the

13
governor by and with the advice and consent of the senate

14
LEGISLATURE and he shall serve at the pleasure of the

15
governor.

16
When a board or commission is at the head of a principal

17
department, unless elected or appointed as otherwise provided in

18
this constitution, the members thereof shall be appointed by the

19
governor by and with the advice and consent of the senate

20
LEGISLATURE. The term of office and procedure for removal of such

21
members shall be as prescribed in this constitution or by law.

22
Terms of office of any board or commission created or

23
enlarged after the effective date of this constitution shall not

24
exceed four years except as otherwise authorized in this

25
constitution. The terms of office of existing boards and

26
commissions which are longer than four years shall not be further

27
extended except as provided in this constitution.

04199'01

1
Sec. 6. Appointment by and with the advice and consent of

2
the senate LEGISLATURE when used in this constitution or laws

3
in effect or hereafter enacted means appointment subject to dis-

4
approval by a majority vote of the members elected to and serving

5 in the senate LEGISLATURE, if such action is taken within 60

6
session days after the date of such appointment. Any appointment

7
not disapproved within such period shall stand confirmed.

8
Sec. 7. Vacancies in any office, appointment to which

9
requires advice and consent of the senate LEGISLATURE, shall be

10
filled by the governor by and with the advice and consent of the

11
senate LEGISLATURE. A person whose appointment has been disap-

12
proved by the senate LEGISLATURE shall not be eligible for an

13
interim appointment to the same office.

14
Sec. 13. The governor shall issue writs of election to fill

15
vacancies in the senate or house of representatives

16
LEGISLATURE. Any such election shall be held in a manner pre-

17
scribed by law.

18
Sec. 18. The governor shall submit to the legislature at a

19
time fixed by law, a budget for the ensuing fiscal period setting

20
forth in detail, for all operating funds, the proposed expendi-

21
tures and estimated revenue of the state. Proposed expenditures

22
from any fund shall not exceed the estimated revenue thereof. On

23
the same date, the governor shall submit to the legislature gen-

24
eral appropriation bills to embody the proposed expenditures and

25
any necessary bill or bills to provide new or additional revenues

26
to meet proposed expenditures. The amount of any surplus created

27
or deficit incurred in any fund during the last preceding fiscal

04199'01

1
period shall be entered as an item in the budget and in one of

2
the appropriation bills. The governor may submit amendments to

3
appropriation bills to be offered in either house THE

4
LEGISLATURE during consideration of the bill, by that house,

5
and shall submit bills to meet deficiencies in current

6
appropriations.

7
Sec. 20. No appropriation shall be a mandate to spend. The

8
governor, with the approval of the appropriating committees

9
COMMITTEE of the house and senate LEGISLATURE, shall reduce

10
expenditures authorized by appropriations whenever it appears

11
that actual revenues for a fiscal period will fall below the rev-

12
enue estimates on which appropriations for that period were

13
based. Reductions in expenditures shall be made in accordance

14
with procedures prescribed by law. The governor may not reduce

15
expenditures of the legislative and judicial branches or from

16
funds constitutionally dedicated for specific purposes.

17
Sec. 25. The lieutenant governor shall be president of the

18
senate LEGISLATURE, but shall have no vote, unless they be

19
equally divided. He THE LIEUTENANT GOVERNOR may perform duties

20
requested of him by the governor, but no power vested in the

21
governor shall be delegated.

22
Sec. 26. In case of the conviction of the governor on

23
impeachment, his removal OF THE GOVERNOR from office, his
OR

24
THE GOVERNOR'S resignation or his death, the lieutenant gover-

25
nor, the elected secretary of state, the elected attorney general

26
and such other persons designated by law shall in that order be

27
governor for the remainder of the governor's term.

04199'01

1
In case of the death of the governor-elect, the lieutenant

2
governor-elect, the secretary of state-elect, the attorney

3
general-elect, and such other persons designated by law shall

4
become governor in that order at the commencement of the

5
governor-elect's term.

6
If the governor or the person in line of succession to serve

7
as governor is absent from the state, or suffering under an

8
inability, the powers and duties of the office of the governor

9
shall devolve in order of precedence until the absence or inabil-

10
ity giving rise to the devolution of powers ceases.

11
The inability of the governor or person acting as governor

12
shall be determined by a majority of the supreme court on joint

13
request of the president pro tempore of the senate and the

14
speaker of the house of representatives MAJORITY LEADER OF THE

15
LEGISLATURE. Such determination shall be final and conclusive.

16
The supreme court shall upon its own initiative determine if and

17
when the inability ceases.

18
Sec. 28. There is hereby established a state transportation

19
commission, which shall establish policy for the state transpor-

20
tation department transportation programs and facilities, and

21
such other public works of the state, as provided by law.

22
The state transportation commission shall consist of six

23
members, not more than three of whom shall be members of the same

24
political party. They shall be appointed by the governor by and

25
with the advice and consent of the senate LEGISLATURE for

26
three-year terms, no three of which shall expire in the same

27
year, as provided by law.

04199'01

1
The director of the state transportation department shall be

2
appointed as provided by law and shall be the principal executive

3
officer of the state transportation department and shall be

4
responsible for executing the policy of the state transportation

5
commission.

6
Sec. 29. There is hereby established a civil rights commis-

7
sion which shall consist of eight persons, not more than four of

8
whom shall be members of the same political party, who shall be

9
appointed by the governor, by and with the advice and consent of

10
the senate LEGISLATURE, for four-year terms not more than two

11
of which shall expire in the same year. It shall be the duty of

12
the commission in a manner which may be prescribed by law to

13
investigate alleged discrimination against any person because of

14
religion, race, color, or national origin in the enjoyment of the

15
civil rights guaranteed by law and by this constitution, and to

16
secure the equal protection of such civil rights without such

17
discrimination. The legislature shall provide an annual appro-

18
priation for the effective operation of the commission.

19
The commission shall have power, in accordance with the pro-

20
visions of this constitution and of general laws governing admin-

21
istrative agencies, to promulgate rules and regulations for its

22
own procedures, to hold hearings, administer oaths, through court

23
authorization to require the attendance of witnesses and the sub-

24
mission of records, to take testimony, and to issue appropriate

25
orders. The commission shall have other powers provided by law

26
to carry out its purposes. Nothing contained in this section

27
shall be construed to diminish the right of any party to direct

04199'01

1
and immediate legal or equitable remedies in the courts of this

2
state.

3
Appeals from final orders of the commission, including cease

4
and desist orders and refusals to issue complaints, shall be

5
tried de novo before the circuit court having jurisdiction pro-

6
vided by law.

7
ARTICLE VI

8
Sec. 1. The judicial power of the state is vested exclu-

9
sively in one court of justice which shall be divided into one

10
supreme court, one court of appeals, one trial court of general

11
jurisdiction known as the circuit court, one probate court, and

12
courts of limited jurisdiction that the legislature may establish

13
by a two-thirds vote of the members elected to and serving in

14
each house THE LEGISLATURE.

15
Sec. 25. For reasonable cause, which is not sufficient

16
ground for impeachment, the governor shall remove any judge on a

17
concurrent resolution of two-thirds of the members elected to

18
and serving in each house of the legislature. The cause for

19
removal shall be stated at length in the resolution.

20
ARTICLE VIII

21
Sec. 6. Other institutions of higher education established

22
by law having authority to grant baccalaureate degrees shall each

23
be governed by a board of control which shall be a body

24
corporate. The board shall have general supervision of the

25
institution and the control and direction of all expenditures

26
from the institution's funds. It shall, as often as necessary,

27
elect a president of the institution under its supervision. He

04199'01

1
THE PRESIDENT shall be the principal executive officer of the

2
institution and be ex-officio a member of the board without the

3
right to vote. The board may elect one of its members or may

4
designate the president, to preside at board meetings. Each

5
board of control shall consist of eight members who shall hold

6
office for terms of eight years, not more than two of which shall

7
expire in the same year, and who shall be appointed by the gover-

8
nor by and with the advice and consent of the senate

9
LEGISLATURE. Vacancies shall be filled in like manner.

10
ARTICLE IX

11
Sec. 15. The state may borrow money for specific purposes

12
in amounts as may be provided by acts of the legislature adopted

13
by a vote of two-thirds of the members elected to and serving in

14
each house THE LEGISLATURE, and approved by a majority of the

15
electors voting thereon at any general election. The question

16
submitted to the electors shall state the amount to be borrowed,

17
the specific purpose to which the funds shall be devoted, and the

18
method of repayment.

19
Sec. 27. The revenue limit of Section 26 of this Article

20
may be exceeded only if all of the following conditions are met:

21
(1) The governor requests the legislature to declare an emergen-

22
cy; (2) the request is specific as to the nature of the emergen-

23
cy, the dollar amount of the emergency, and the method by which

24
the emergency will be funded; and (3) the legislature thereafter

25
declares an emergency in accordance with the specific of the

26
governor's request by a two-thirds vote of the members elected to

27
and serving in each house THE LEGISLATURE. The emergency must

04199'01

1
be declared in accordance with this section prior to incurring

2
any of the expenses which constitute the emergency request. The

3
revenue limit may be exceeded only during the fiscal year for

4
which the emergency is declared. In no event shall any part of

5
the amount representing a refund under Section 26 of this Article

6
be the subject of an emergency request.

7
ARTICLE X

8
Sec. 5. The legislature shall have general supervisory

9
jurisdiction over all state owned lands useful for forest pre-

10
serves, game areas and recreational purposes; shall require

11
annual reports as to such lands from all departments having

12
supervision or control thereof; and shall by general law provide

13
for the sale, lease or other disposition of such lands.

14
The legislature by an act adopted by two-thirds of the mem-

15
bers elected to and serving in each house THE LEGISLATURE may

16
designate any part of such lands as a state land reserve. No

17
lands in the state land reserve may be removed from the reserve,

18
sold, leased or otherwise disposed of except by an act of the

19
legislature.

20
ARTICLE XI

21
Sec. 5. The classified state civil service shall consist of

22
all positions in the state service except those filled by popular

23
election, heads of principal departments, members of boards and

24
commissions, the principal executive officer of boards and com-

25
missions heading principal departments, employees of courts of

26
record, employees of the legislature, employees of the state

27
institutions of higher education, all persons in the armed forces

04199'01

1
of the state, eight exempt positions in the office of the

2
governor, and within each principal department, when requested by

3
the department head, two other exempt positions, one of which

4
shall be policy-making. The civil service commission may exempt

5
three additional positions of a policy-making nature within each

6
principal department.

7
The civil service commission shall be non-salaried and shall

8
consist of four persons, not more than two of whom shall be mem-

9
bers of the same political party, appointed by the governor for

10
terms of eight years, no two of which shall expire in the same

11
year.

12
The administration of the commission's powers shall be

13
vested in a state personnel director who shall be a member of the

14
classified service and who shall be responsible to and selected

15
by the commission after open competitive examination.

16
The commission shall classify all positions in the classi-

17
fied service according to their respective duties and responsi-

18
bilities, fix rates of compensation for all classes of positions,

19
approve or disapprove disbursements for all personal services,

20
determine by competitive examination and performance exclusively

21
on the basis of merit, efficiency and fitness the qualifications

22
of all candidates for positions in the classified service, make

23
rules and regulations covering all personnel transactions, and

24
regulate all conditions of employment in the classified service.

25
State Police Troopers and Sergeants shall, through their

26
elected representative designated by 50% of such troopers and

27
sergeants, have the right to bargain collectively with their

04199'01

1
employer concerning conditions of their employment, compensation,

2
hours, working conditions, retirement, pensions, and other

3
aspects of employment except promotions which will be determined

4
by competitive examination and performance on the basis of merit,

5
efficiency, and fitness; and they shall have the right 30 days

6
after commencement of such bargaining to submit any unresolved

7
disputes to binding arbitration for the resolution thereof the

8
same as now provided by law for Public Police and Fire

9
Departments.

10
No person shall be appointed to or promoted in the classi-

11
fied service who has not been certified by the commission as

12
qualified for such appointment or promotion. No appointments,

13
promotions, demotions, or removals in the classified service

14
shall be made for religious, racial, or partisan considerations.

15
Increases in rates of compensation authorized by the commis-

16
sion may be effective only at the start of a fiscal year and

17
shall require prior notice to the governor, who shall transmit

18
such increases to the legislature as part of his THE GOVERNOR'S

19
budget. The legislature may, by a majority vote of the members

20
elected to and serving in each house THE LEGISLATURE, waive the

21
notice and permit increases in rates of compensation to be effec-

22
tive at a time other than the start of a fiscal year. Within 60

23
calendar days following such transmission, the legislature may,

24
by a two-thirds vote of the members elected to and serving in

25
each house THE LEGISLATURE, reject or reduce increases in rates

26
of compensation authorized by the commission. Any reduction

27
ordered by the legislature shall apply uniformly to all classes

04199'01

1
of employees affected by the increases and shall not adjust pay

2
differentials already established by the civil service

3
commission. The legislature may not reduce rates of compensation

4
below those in effect at the time of the transmission of

5
increases authorized by the commission.

6
The appointing authorities may create or abolish positions

7
for reasons of administrative efficiency without the approval of

8
the commission. Positions shall not be created nor abolished

9
except for reasons of administrative efficiency. Any employee

10
considering himself aggrieved by the abolition or creation of a

11
position shall have a right of appeal to the commission through

12
established grievance procedures.

13
The civil service commission shall recommend to the governor

14
and to the legislature rates of compensation for all appointed

15
positions within the executive department not a part of the clas-

16
sified service.

17
To enable the commission to exercise its powers, the legis-

18 lature shall appropriate to the commission for the ensuing fiscal

19
year a sum not less than one percent of the aggregate payroll of

20
the classified service for the preceding fiscal year, as certi-

21
fied by the commission. Within six months after the conclusion

22
of each fiscal year the commission shall return to the state

23
treasury all moneys unexpended for that fiscal year.

24
The commission shall furnish reports of expenditures, at

25
least annually, to the governor and the legislature and shall be

26
subject to annual audit as provided by law.

04199'01

1
No payment for personal services shall be made or authorized

2
until the provisions of this constitution pertaining to civil

3
service have been complied with in every particular. Violation

4
of any of the provisions hereof may be restrained or observance

5
compelled by injunctive or mandamus proceedings brought by any

6
citizen of the state.

7
Sec. 7. The house of representatives LEGISLATURE shall

8
have the sole power of impeaching civil officers for corrupt con-

9
duct in office or for crimes or misdemeanors, but a majority of

10
the members elected thereto TO and serving therein IN
THE

11
LEGISLATURE shall be necessary to direct an impeachment.

12
When an impeachment is directed, the house of

13
representatives LEGISLATURE shall elect three of its members to

14
prosecute the impeachment.

15
Every impeachment shall be tried by the senate LEGISLATURE

16
immediately after the final adjournment of the legislature. The

17
senators LEGISLATORS shall take an oath or affirmation truly

18
and impartially to try and determine the impeachment according to

19
the evidence. When the governor or lieutenant governor is tried,

20
the chief justice of the supreme court shall preside.

21
No person shall be convicted without the concurrence of

22
two-thirds of the senators LEGISLATORS elected and serving.

23
Judgment in case of conviction shall not extend further than

24
removal from office, but the person convicted shall be liable to

25
punishment according to law.

04199'01

1
No judicial officer shall exercise any of the functions of

2
his OR HER office after an impeachment is directed until he THE

3
OFFICER is acquitted.

4
ARTICLE XII

5
Sec. 1. Amendments to this constitution may be proposed in

6
the senate or house of representatives LEGISLATURE. Proposed

7
amendments agreed to by two-thirds of the members elected to and

8
serving in each house THE LEGISLATURE on a vote with the names

9
and vote of those voting entered in the respective journals

10
JOURNAL OF THE LEGISLATURE shall be submitted, not less than 60

11
days thereafter, to the electors at the next general election or

12
special election as the legislature shall direct. If a majority

13
of electors voting on a proposed amendment approve the same, it

14
shall become part of the constitution and shall abrogate or amend

15
existing provisions of the constitution at the end of 45 days

16
after the date of the election at which it was approved.

17
Sec. 3. At the general election to be held in the year

18
1978, and in each 16th SIXTEENTH year thereafter and at such

19
times as may be provided by law, the question of a general revi-

20
sion of the constitution shall be submitted to the electors of

21
the state. If a majority of the electors voting on the question

22
decide in favor of a convention for such purpose, at an election

23
to be held not later than six months after the proposal was cer-

24
tified as approved, the electors of each representative

25
LEGISLATIVE district as then organized shall elect one delegate

26
and the electors of each senatorial district as then organized

27
shall elect one delegate at a partisan election. The delegates

04199'01

1
so elected shall convene at the seat of government on the first

2
Tuesday in October next succeeding such election or at an earlier

3
date if provided by law.

4
The convention shall choose its own officers, determine the

5
rules of its proceedings and judge the qualifications, elections

6
and returns of its members. To fill a vacancy in the office of

7
any delegate, the governor shall appoint a qualified resident of

8
the same district who shall be a member of the same party as the

9
delegate vacating the office. The convention shall have power to

10
appoint such officers, employees and assistants as it deems nec-

11
essary and to fix their compensation; to provide for the printing

12
and distribution of its documents, journals and proceedings; to

13
explain and disseminate information about the proposed constitu-

14
tion and to complete the business of the convention in an orderly

15
manner. Each delegate shall receive for his services compensa-

16
tion provided by law.

17
No proposed constitution or amendment adopted by such con-

18
vention shall be submitted to the electors for approval as here-

19
inafter provided unless by the assent of a majority of all the

20
delegates elected to and serving in the convention, with the

21
names and vote of those voting entered in the journal. Any pro-

22
posed constitution or amendments adopted by such convention shall

23
be submitted to the qualified electors in the manner and at the

24
time provided by such convention not less than 90 days after

25
final adjournment of the convention. Upon the approval of such

26
constitution or amendments by a majority of the qualified

04199'01

1
electors voting thereon the constitution or amendments shall take

2
effect as provided by the convention.

3
SCHEDULE AND TEMPORARY PROVISIONS

4
TO INSURE THE ORDERLY TRANSITION FROM A BICAMERAL LEGISLA-

5
TURE TO AN UNICAMERAL LEGISLATURE, THE FOLLOWING SCHEDULE AND

6
TEMPORARY PROVISIONS ARE SET FORTH TO BE EFFECTIVE FOR SUCH

7
PERIOD AS ARE THEREBY REQUIRED:

8
SEC. 1. THE FOREGOING AMENDMENT TO THE CONSTITUTION OF 1963

9
SHALL TAKE EFFECT JANUARY 1, 2005. UNTIL JANUARY 1, 2005, THE

10
SECTIONS OF THE STATE CONSTITUTION OF 1963 THAT THE FOREGOING

11
AMENDMENT AMENDS SHALL CONTINUE IN EFFECT AS THOUGH THE FOREGOING

12
AMENDMENT HAD NOT BEEN ADOPTED.

13
SEC. 2. THE SENATE AND HOUSE OF REPRESENTATIVES ARE ABOL-

14
ISHED AT MIDNIGHT ON DECEMBER 31, 2004. THE TERMS OF SENATORS

15
ELECTED AT THE GENERAL ELECTION IN 2002 OR TO FILL ANY VACANCY

16
EXISTING IN THE SENATE BEFORE DECEMBER 31, 2004, AND THE TERMS OF

17
REPRESENTATIVES ELECTED AT THE GENERAL ELECTION IN 2002 OR TO

18
FILL ANY VACANCY EXISTING IN THE HOUSE OF REPRESENTATIVES BEFORE

19
DECEMBER 31, 2004, SHALL EXPIRE AT MIDNIGHT ON DECEMBER 31, 2004.

20
SEC. 3. TO ENABLE A UNICAMERAL LEGISLATURE TO COMMENCE

21
JANUARY 1, 2005, THE LEGISLATORS WHO WILL ASSUME OFFICE

22
JANUARY 1, 2005, SHALL BE ELECTED AT THE GENERAL ELECTION IN 2004

23
IN THE MANNER PROVIDED BY LAW AND CONSISTENT WITH THIS

24
CONSTITUTION.

25
Resolved further, That the foregoing amendment shall be

26
submitted to the people of the state at the next general election

27
in the manner provided by law.

04199'01 Final page. JLB