February 17, 2005, Introduced by Reps. Lemmons, III and Lemmons, Jr. 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 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 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 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, 2006, the legislative power
of the State of Michigan is vested in a senate and a house of
representatives.
Beginning January 1, 2007, 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 four-year
terms as provided by law. The legislature shall consist of 74
members from single-member districts apportioned on the basis of
population.
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 shall take effect January 1, 2007.
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 18
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 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
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 2007.
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. 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
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, 2007. Until January 1, 2007, 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, 2006. The terms of senators elected at
the general election in 2002 or to fill any vacancy existing in the
senate before December 31, 2006 and the terms of representatives
elected at the general election in 2004 or to fill any vacancy
existing in the house of representatives before December 31, 2006
shall expire at midnight, December 31, 2006.
Sec. 3. To enable a unicameral legislature to commence January
1, 2007, the legislators who will assume office January 1, 2007
shall be elected at the general election in 2006 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.