November 26, 2007, Introduced by Rep. Amos and referred to the Committee on Government Operations.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending sections 12 and 54 of article IV
and by adding section 55 to article IV, to modify term limits for
certain elected state offices, to prohibit certain state officials
from being a lobbyist or lobbyist agent for 1 year following his or
her term of office, and to reduce compensation for state
legislators who have unexcused absences from session.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to modify term limits for certain elected
state offices, to prohibit certain state officials from being a
lobbyist or lobbyist agent for 1 year following his or her term of
office, and to reduce compensation for state legislators who have
unexcused absences from session, is proposed, agreed to, and
submitted to the people of the state:
ARTICLE IV
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. Any day the
legislative body is in session and a legislator does not attend
session, that legislator shall have his or her salary reduced on a
daily pro rata basis unless the legislator receives an excused
absence. The reason for the excused absence shall be publicly
stated and approved on a record roll call vote of that legislative
body. An excused absence shall only be granted for a compelling
reason such as, but not limited to, the birth or adoption of a
child or grandchild, military duty, serious illness of the
legislator or a member of the legislator's family, death of a
family member, or unforeseen emergencies including unsafe weather
conditions. The portion of the salary reduced shall be transferred
to the general fund.
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.
54. (1) No Except
as otherwise provided in this section,
a
person shall be elected to the
office of not serve as a state
representative
more than three times. No person shall be elected to
the
office of state senate more than two times or state senator for
a
combined total of more than twelve years.
Any person appointed or
elected to fill a vacancy in the house of representatives or the
state
senate for a period greater than one half of a term of such
office,
who holds office for one day
or more within a calendar year
shall
be considered to have been elected to serve one time in that
office
served the entire calendar
year 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. The
limitations on years of service shall
not apply to those years served by a member elected in a special
election to fill out the remainder of a term, if the remainder of
that term is less than half of the full term. A person is not
eligible to serve as a state representative or state senator unless
that person is eligible to serve the entire term of that office
under this section.
(2) A member of the state senate or the house of
representatives who is in office on the effective date of this
subsection may serve 12 years in the house in which he or she is
currently serving. Except as otherwise provided in subsection (1),
the 12-year limit in this subsection shall include those years
already served in the house in which the member is currently
serving, and any additional years served in that house must be
served consecutively.
(3) 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.
Sec. 55. (1) A former member of the Michigan senate or house
of representatives or a former governor, lieutenant governor,
attorney general, or secretary of state shall not be a lobbyist or
lobbyist agent for one year immediately following the end of the
term of office to which he or she was elected.
(2) A person who holds a nonelective position of head of a
principal department of the executive branch of this state shall
not be a lobbyist or lobbyist agent for one year immediately after
leaving that position.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at a special election to be
held on January 15, 2008 or, if the January 15, 2008 special
election is canceled as provided by law, the next general election
in the manner provided by law.