February 21, 2006, Introduced by Senators GARCIA, KUIPERS, TOY, BISHOP, CROPSEY and BARCIA and referred to the Committee on Government Operations.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 8 of article IV, to
provide for temporary replacement members of the legislature if a
member is called to active military service.
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 temporary replacement members
of the legislature if a member is called to active military
service, is proposed, agreed to, and submitted to the people of the
state:
ARTICLE IV
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.
If a member of either house of the legislature is called to
active military duty, the governor shall appoint a temporary
replacement member to hold the office of the member until the
member is released from active military duty or otherwise able to
return to his or her duties as a legislator. The governor shall
appoint a resident of that district who is nominated by the member,
in the same political party as the member, and nominated by the
local political party of the member as provided by law. The
temporary replacement member shall perform all duties, have the
same responsibilities, and receive the same compensation as a
member of the legislature. If the member is on active military duty
and is unable to run for reelection, the temporary replacement
member is entitled to run for the member's office for the member,
unless otherwise provided in this constitution.
While a temporary replacement member is appointed, the
member's salary shall be suspended. However, all medical health
benefits of the member shall remain in full force and effect.
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.