MODIFY ADMINISTRATION OF OATH OF OFFICE

TO STATE SENATORS AND REPRESENTATIVES

House Bill 5781

Sponsor:  Rep. Matt Lori

Committee:  Oversight

Complete to 9-15-14

A SUMMARY OF HOUSE BILL 5781 AS INTRODUCED 9-9-14

House Bill 5781 would amend Chapter 2 of the Revised Statutes of 1846 to modify the way Michigan's oath of office is administered to state senators and state representatives, by allowing the Clerk of  the House and the Secretary of the Senate to administer the oath.

Now under the law, the oath of office taken by elected state senators and state representatives can be administered by the "chancellor, any justice of the supreme court, the lieutenant governor, the president pro-tempore of the Senate, or the speaker of the House of Representatives."

House Bill 5781 would modify this provision to remove the chancellor; to retain supreme court justices, the lieutenant governor, the Senate president, and the House speaker; and to add the House Clerk and Senate Secretary.

The bill also would repeal Section 6 of Public Act 67 of 1877, which says:  In case the president of the Senate or 1 of the judges of the supreme court cannot attend to administer the oath of office, the officers required by this act to organize meetings of the Legislature are hereby authorized to administer the oath of office, prescribed by the constitution of this state, to the members elect of their respective houses.  [PA 67 is the statute that provides for the organization of the Legislature.]

            MCL 4.84

FISCAL IMPACT:

The provisions of the bill would have no fiscal impact on state government.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:   Ben Gielczyk

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.