SENATE JOINT RESOLUTION O

 

 

June 11, 2008, Introduced by Senator McMANUS and referred to the Committee on Campaign and Election Oversight.

 

 

 

     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 A person shall may be elected to the office of

 

state representative more than three times. No person shall be

 

elected to the office of or state senate more than two times seven

 

times but, except as otherwise provided in this section, shall not

 

serve for a combined total of more than fourteen years. The

 


limitation on years of service shall not prevent a state senator

 

from completing his or her term of office. 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 years of service or number of times

 

a person shall be elected to office shall apply to terms of office

 

beginning on or after January 1, 1993 2010. 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.

 

     (2) 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 the next general election

 

in the manner provided by law.