March 5, 2015, Introduced by Reps. Gamrat, Courser, Lucido, Chatfield, Aaron Miller, Glenn, Hooker, Cole, Kelly, McBroom, Barrett, Franz, Goike and Bumstead and referred to the Committee on Oversight and Ethics.
A joint resolution proposing an amendment to the state
constitution of 1963, by adding section 31 to article V, to provide
for a limitation on the time that new executive agencies and
administrative rules are effective.
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 a limitation on the time that
new executive agencies and administrative rules are effective, is
proposed, agreed to, and submitted to the people of the state:
ARTICLE V
Sec. 31. After this section becomes part of this constitution
as provided in section 1 of article XII, the creation of a new
executive department or other agency under an act of the
legislature or under an executive order of the governor or a new
administrative rule promulgated by an executive department or
agency is only effective for a maximum of 5 years after the
creation or promulgation. The existence of the department or agency
or the effectiveness of the rule may be extended for additional
periods of up to 5 years if both houses of the legislature, by
majority vote, approve a joint resolution approving the extension.
The joint resolution is not subject to approval or veto by the
governor.
The limitations of this section do not apply to the creation
of a new executive department or other agency under an act of the
legislature or to the promulgation of an administrative rule by an
executive department or agency if the act that creates the
department or agency or authorizes the promulgation of the rule is
approved by two-thirds of the members elected to and serving in
each house.
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.