Michigan Constitution
Introduction
PREAMBLE
Article I
Declaration Of Rights
Art. I §1 | POLITICAL POWER
Art. I §2 | EQUAL PROTECTION; DISCRIMINATION
Art. I §3 | ASSEMBLY, CONSULTATION, INSTRUCTION, PETITION
Art. I §4 | FREEDOM OF WORSHIP AND RELIGIOUS BELIEF; APPROPRIATIONS
Art. I §5 | FREEDOM OF SPEECH AND OF PRESS
Art. I §6 | BEARING OF ARMS
Art. I §7 | MILITARY POWER SUBORDINATE TO CIVIL POWER
Art. I §8 | QUARTERING OF SOLDIERS
Art. I §9 | SLAVERY AND INVOLUNTARY SERVITUDE
Art. I §10 | ATTAINDER; EX POST FACTO LAWS; IMPAIRMENT OF CONTRACTS
Art. I §11 | SEARCHES AND SEIZURES
Footnotes
Constitutionality
The last sentence of this section was held invalid as in conflict with US Const, Am IV. Lucas v People, 420 F2d 259 (CA 6, 1970); Caver v Kropp, 306 F Supp 1329 (DC Mich 1969); People v Pennington, 383 Mich 611; 178 NW2d 460 (1970); People v Andrews, 21 Mich App 731; 176 NW2d 460 (1970).Art. I §12 | HABEAS CORPUS
Art. I §13 | CONDUCT OF SUITS IN PERSON OR BY COUNSEL
Art. I §14 | JURY TRIALS
Art. I §15 | DOUBLE JEOPARDY; BAILABLE OFFENSES; COMMENCEMENT OF TRIAL IF BAIL DENIED; BAIL HEARING; EFFECTIVE DATE
(b) A person who is indicted for, or arraigned on a warrant charging, murder or treason.
(c) A person who is indicted for, or arraigned on a warrant charging, criminal sexual conduct in the first degree, armed robbery, or kidnapping with intent to extort money or other valuable thing thereby, unless the court finds by clear and convincing evidence that the defendant is not likely to flee or present a danger to any other person.
(d) A person who is indicted for, or arraigned on a warrant charging, a violent felony which is alleged to have been committed while the person was on bail, pending the disposition of a prior violent felony charge or while the person was on probation or parole as a result of a prior conviction for a violent felony.
As used in this section, “violent felony” means a felony, an element of which involves a violent act or threat of a violent act against any other person.
This section, as amended, shall not take effect until May 1, 1979.
Footnotes
Effective Date
The language certified by the Board of Canvassers was identical to House Joint Resolution Q of 1978, except for the deletion of the last sentence which contained the proposed May 1, 1979, effective date.The May 1, 1979, effective date provision of House Joint Resolution Q was not stated in the text of ballot Proposal K or in any of the material circulated by the Secretary of State, and was neither considered nor voted upon by the electors in the November 7, 1978, general election.
Therefore, the effective date of Proposal K is December 23, 1978, which was the date 45 days after the election as provided by Const. 1963, Art. XII, §1. Op. Atty. Gen., No. 5533 (1979).
Art. I §16 | BAIL; FINES; PUNISHMENTS; DETENTION OF WITNESSES
Art. I §17 | SELF-INCRIMINATION; DUE PROCESS OF LAW; FAIR TREATMENT AT INVESTIGATIONS
Art. I §18 | WITNESSES; COMPETENCY, RELIGIOUS BELIEFS
Art. I §19 | LIBELS, TRUTH AS DEFENSE
Art. I §20 | RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS
Art. I §21 | IMPRISONMENT FOR DEBT
Art. I §22 | TREASON; DEFINITION, EVIDENCE
Art. I §23 | ENUMERATION OF RIGHTS NOT TO DENY OTHERS
Art. I §24 | RIGHTS OF CRIME VICTIMS; ENFORCEMENT; ASSESSMENT AGAINST CONVICTED DEFENDANTS
The right to timely disposition of the case following arrest of the accused.
The right to be reasonably protected from the accused throughout the criminal justice process.
The right to notification of court proceedings.
The right to attend trial and all other court proceedings the accused has the right to attend.
The right to confer with the prosecution.
The right to make a statement to the court at sentencing.
The right to restitution.
The right to information about the conviction, sentence, imprisonment, and release of the accused.
(3) The legislature may provide for an assessment against convicted defendants to pay for crime victims’ rights.
Art. I §25 | MARRIAGE
Art. I §26 | AFFIRMATIVE ACTION PROGRAMS
(2) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.
(3) For the purposes of this section “state” includes, but is not necessarily limited to, the state itself, any city, county, any public college, university, or community college, school district, or other political subdivision or governmental instrumentality of or within the State of Michigan not included in subsection 1.
(4) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.
(5) Nothing in this section shall be interpreted as prohibiting bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(6) The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Michigan anti-discrimination law.
(7) This section shall be self-executing. If any part or parts of this section are found to be in conflict with the United States Constitution or federal law, the section shall be implemented to the maximum extent that the United States Constitution and federal law permit. Any provision held invalid shall be severable from the remaining portions of this section.
(8) This section applies only to action taken after the effective date of this section.
(9) This section does not invalidate any court order or consent decree that is in force as of the effective date of this section.
Art. I §27 | HUMAN EMBRYO AND EMBRYONIC STEM CELL RESEARCH
(2) To ensure that Michigan citizens have access to stem cell therapies and cures, and to ensure that physicians and researchers can conduct the most promising forms of medical research in this state, and that all such research is conducted safely and ethically, any research permitted under federal law on human embryos may be conducted in Michigan, subject to the requirements of federal law and only the following additional limitations and requirements:
(b) The human embryos were created for the purpose of fertility treatment and, with voluntary and informed consent, documented in writing, the person seeking fertility treatment chose to donate the embryos for research; and
(ii) the embryos were not suitable for implantation and would otherwise be discarded unless they are used for research.
(d) All stem cell research and all stem cell therapies and cures must be conducted and provided in accordance with state and local laws of general applicability, including but not limited to laws concerning scientific and medical practices and patient safety and privacy, to the extent that any such laws do not:
(ii) create disincentives for any person to engage in or otherwise associate with such research or therapies or cures.
Art. I §28 | RIGHT TO REPRODUCTIVE FREEDOM
An individual’s right to reproductive freedom shall not be denied, burdened, nor infringed upon unless justified by a compelling state interest achieved by the least restrictive means.
Notwithstanding the above, the state may regulate the provision of abortion care after fetal viability, provided that in no circumstance shall the state prohibit an abortion that, in the professional judgment of an attending health care professional, is medically indicated to protect the life or physical or mental health of the pregnant individual.
(2) The state shall not discriminate in the protection or enforcement of this fundamental right.
(3) The state shall not penalize, prosecute, or otherwise take adverse action against an individual based on their actual, potential, perceived, or alleged pregnancy outcomes, including but not limited to miscarriage, stillbirth, or abortion. Nor shall the state penalize, prosecute, or otherwise take adverse action against someone for aiding or assisting a pregnant individual in exercising their right to reproductive freedom with their voluntary consent.
(4) For the purposes of this section:
“Fetal viability” means: the point in pregnancy when, in the professional judgment of an attending health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures.
Article II
Elections
Art. II §1 | QUALIFICATIONS OF ELECTORS; RESIDENCE
Footnotes
Compiler’s Note
U.S. Const., Amendment XXVI, §1, provides:“The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”
Art. II §2 | MENTAL INCOMPETENCE; IMPRISONMENT
Art. II §3 | PRESIDENTIAL ELECTORS; RESIDENCE
Art. II §4 | PLACE AND MANNER OF ELECTIONS
(2) engage in any harassing, threatening, or intimidating conduct; or
(3) use any means whatsoever, any of which has the intent or effect of denying, abridging, interfering with, or unreasonably burdening the fundamental right to vote.
For purposes of this part (a) of subsection (4)(1), “person” means an individual, association, corporation, joint stock company, labor organization, legal representative, mutual company, partnership, unincorporated organization, the state or a political subdivision of the state or an agency of the state, or any other legal entity, and includes an agent of a person.
(b) The right, if serving in the military or living overseas, to have an absent voter ballot sent to them at least forty-five (45) days before an election upon application and to have their absent voter ballot deemed timely received if postmarked on or before election day and received by the appropriate election official within six (6) days after such election. For purposes of this part (b) of subsection (4)(1), a postmark shall include any type of mark applied by the United States Postal Service or any delivery service to the return envelope, including but not limited to a bar code or any tracking marks, which indicates when a ballot was mailed.
(c) The right, once registered, to a “straight party” vote option on partisan general election ballots. In partisan elections, the ballot shall include a position at the top of the ballot by which the voter may, by a single selection, record a straight party ticket vote for all the candidates of one (1) party. The voter may vote a split or mixed ticket.
(d) The right to be automatically registered to vote as a result of conducting business with the secretary of state regarding a driver’s license or personal identification card, unless the person declines such registration.
(e) The right to register to vote for an election by mailing a completed voter registration application on or before the fifteenth (15th) day before that election to an election official authorized to receive voter registration applications.
(f) The right to register to vote for an election by
(2) beginning on the fourteenth (14th) day before that election and continuing through the day of that election, appearing in person, submitting a completed voter registration application and providing proof of residency to an election official responsible for maintaining custody of the registration file where the person resides, or their deputies. Persons registered in accordance with subsection (1)(f) shall be immediately eligible to receive a regular or absent voter ballot.
(2) if they do not have photo identification or do not have it with them, executing an affidavit verifying their identity.
(h) The right, once registered, to vote an absent voter ballot without giving a reason, during the forty (40) days before an election, and the right to choose whether the absent voter ballot is applied for, received and submitted in person or by mail. During that time, election officials authorized to issue absent voter ballots shall be available in at least one (1) location to issue and receive absent voter ballots during the election officials’ regularly scheduled business hours and for at least eight (8) hours during the Saturday and/or Sunday immediately prior to the election. Those election officials shall have the authority to make absent voter ballots available for voting in person at additional times and places beyond what is required herein. Voters shall have the right to prove their identity when applying for or voting an absent voter ballot other than in person by providing their signature to the election official authorized to issue absent voter ballots. Those election officials shall:
(2) verify the identity of a voter who votes an absent voter ballot other than in person by comparing the signature on the absent voter ballot envelope to the signature on the voter’s absent voter ballot application or the signature in the voter’s registration record. If those election officials determine from either of the comparisons in (1) or (2) of this part (h) of subsection (4)(1) that the signatures do not sufficiently agree, or if the voter’s signature on the absent voter ballot application or absent voter ballot envelope is missing, the voter has a right to be notified immediately and afforded due process, including an equitable opportunity to correct the issue with the signature.
(2) state-funded prepaid postage to return a voted absent voter ballot; and
(3) a state-funded system to track submitted absent voter ballot applications and absent voter ballots.
(j) The right to at least one (1) state-funded secure drop-box for every municipality, and for municipalities with more than fifteen thousand (15,000) registered voters at least one (1) dropbox for every fifteen thousand (15,000) registered voters, for the return of completed absent voter ballot applications and voted absent voter ballots. Secure drop-boxes shall be distributed equitably throughout the municipality and shall be accessible twenty-four (24) hours per day during the forty (40) days prior to any election and until eight (8) pm on election day.
(k) The right, once registered, to have an absent voter ballot sent to the voter before each election by submitting a single signed absent voter ballot application covering all future elections. An election official responsible for issuing absent voter ballots shall issue an absent voter ballot for each election to every voter in the jurisdiction who has exercised the right in this part (k) of subsection (4)(1) and shall not require such voter to submit a separate application for an absent voter ballot for any election. A voter’s exercise of this right shall be rescinded only if:
(2) the voter is no longer qualified to vote;
(3) the secretary of state or the election official responsible for issuing the voter an absent voter ballot receives reliable information that the voter has moved to another state, or has moved within this state without updating their voter registration address; or
(4) the voter does not vote for six (6) consecutive years. The exercise of the right in this part (k) of subsection (4)(1) shall remain in effect without the need for a new absent voter ballot application when the voter changes their residence in this state and updates their voter registration address.
(m) The right, once registered, to vote in each statewide and federal election in person at an early voting site prior to election day. Voters at early voting sites shall have the same rights and be subject to the same requirements as voters at polling places on election day. An early voting site is a polling place and shall be subject to the same requirements as an election day polling place, except that an early voting site may serve voters from more than six (6) precincts and may serve voters from more than one (1) municipality within a county. An early voting site shall also be subject to the same requirements as an election day precinct, except that any statutory limit on the number of voters assigned to a precinct shall not apply to an early voting site. Each early voting site shall be open for at least nine (9) consecutive days beginning on the second Saturday before the election and ending on the Sunday before the election, for at least eight (8) hours each day, and may be open for additional days and hours beyond what is required herein at the discretion of the election official authorized to issue ballots in the jurisdiction conducting the election. Jurisdictions conducting elections within a county may enter into agreements to share early voting sites. A jurisdiction conducting an election may enter into an agreement with the clerk of the county in which it is located authorizing the county clerk to conduct early voting for the jurisdiction. Jurisdictions conducting non-statewide elections may offer early voting for such elections in accordance with the provisions of this part (m) of subsection (4)(1). No early voting results shall be generated or reported until after eight (8) pm on election day.
All rights set forth in this subsection shall be self-executing. This subsection shall be liberally construed in favor of voters’ rights in order to effectuate its purposes. Nothing contained in this subsection shall prevent the legislature from expanding voters’ rights beyond what is provided herein. This subsection and any portion hereof shall be severable. If any portion of this subsection is held invalid or unenforceable as to any person or circumstance, that invalidity or unenforceability shall not affect the validity, enforceability, or application of any other portion of this subsection.
(3) A county, city, or township conducting an election may accept and use publicly-disclosed charitable donations and in-kind contributions to conduct and administer elections. The county, city, or township shall retain discretion over whether to accept or use any such donations or contributions. Charitable donations and in-kind contributions of foreign funds or from foreign sources are prohibited.
Art. II §5 | TIME OF ELECTIONS
Art. II §6 | VOTERS ON TAX LIMIT INCREASES OR BOND ISSUES
Art. II §7 | BOARDS OF CANVASSERS, CERTIFICATION OF ELECTION RESULTS
(2) A board of state canvassers of four members shall be established by law. No candidate for an office to be canvassed nor any inspector of elections shall be eligible to serve as a member of a board of canvassers. A majority of any board of canvassers shall not be composed of members of the same political party. The legislature may by law establish boards of county canvassers.
(3) It shall be the ministerial, clerical, nondiscretionary duty of a board of canvassers, and of each individual member thereof, to certify election results based solely on:
(2) in the case of boards of county canvassers, statements of returns from the precincts and absent voter counting boards in the county and any corrected returns. The board of state canvassers is the only body or entity in this state authorized to certify the results of an election for statewide or federal office and to determine which person is elected in such election.
(4) If the certified results for any office certified by the board of state canvassers show a tie among two (2) or more persons, the tie shall be resolved and the winner certified by the drawing of lots under rules promulgated by the board of state canvassers. If the certified results for an office certified by a board of county canvassers show a tie among two (2) or more persons, the tie shall be resolved and the winner certified by such board of canvassers under procedures prescribed by law.
(5) The certification of any election results by the board of state canvassers shall be final subject only to
(b) a post-certification court order.
(7) For purposes of this section “to certify” means to make a signed, written statement.
Art. II §8 | RECALLS
Art. II §9 | INITIATIVE AND REFERENDUM; LIMITATIONS; APPROPRIATIONS; PETITIONS
Referendum, approval.
No law as to which the power of referendum properly has been invoked shall be effective thereafter unless approved by a majority of the electors voting thereon at the next general election.Initiative; duty of legislature, referendum.
Any law proposed by initiative petition shall be either enacted or rejected by the legislature without change or amendment within 40 session days from the time such petition is received by the legislature. If any law proposed by such petition shall be enacted by the legislature it shall be subject to referendum, as hereinafter provided.Legislative rejection of initiated measure; different measure; submission to people.
If the law so proposed is not enacted by the legislature within the 40 days, the state officer authorized by law shall submit such proposed law to the people for approval or rejection at the next general election. The legislature may reject any measure so proposed by initiative petition and propose a different measure upon the same subject by a yea and nay vote upon separate roll calls, and in such event both measures shall be submitted by such state officer to the electors for approval or rejection at the next general election.Initiative or referendum law; effective date, veto, amendment and repeal.
Any law submitted to the people by either initiative or referendum petition and approved by a majority of the votes cast thereon at any election shall take effect 10 days after the date of the official declaration of the vote. No law initiated or adopted by the people shall be subject to the veto power of the governor, and no law adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwise provided in the initiative measure or by three-fourths of the members elected to and serving in each house of the legislature. Laws approved by the people under the referendum provision of this section may be amended by the legislature at any subsequent session thereof. If two or more measures approved by the electors at the same election conflict, that receiving the highest affirmative vote shall prevail.Legislative implementation.
The legislature shall implement the provisions of this section.Art. II §10 | LIMITATIONS ON TERMS OF OFFICE OF MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES AND UNITED STATES SENATE FROM MICHIGAN
The people of Michigan hereby state their support for the aforementioned term limits for members of the United States House of Representatives and United States Senate and instruct their public officials to use their best efforts to attain such a limit nationwide.
The people of Michigan declare that the provisions of this section shall be deemed severable from the remainder of this amendment and that their intention is that federal officials elected from Michigan will continue voluntarily to observe the wishes of the people as stated in this section, in the event any provision of this section is held invalid.
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.
Article III
General Government
Art. III §1 | SEAT OF GOVERNMENT
Art. III §2 | SEPARATION OF POWERS OF GOVERNMENT
Art. III §3 | GREAT SEAL
Art. III §4 | MILITIA
Art. III §5 | INTERGOVERNMENTAL AGREEMENTS; SERVICE BY PUBLIC OFFICERS AND EMPLOYEES
Art. III §6 | INTERNAL IMPROVEMENTS
Art. III §7 | COMMON LAW AND STATUTES, CONTINUANCE
Art. III §8 | OPINIONS ON CONSTITUTIONALITY BY SUPREME COURT
Article IV
Legislative Branch
Art. IV §1 | LEGISLATIVE POWER
Art. IV §2 | SENATORS, NUMBER, TERM
Art. IV §3 | REPRESENTATIVES, NUMBER, TERM; CONTIGUITY OF DISTRICTS
Art. IV §4 | ANNEXATION OR MERGER WITH A CITY
Art. IV §5 | ISLAND AREAS, CONTIGUITY
Art. IV §6 | INDEPENDENT CITIZENS REDISTRICTING COMMISSION FOR STATE LEGISLATIVE AND CONGRESSIONAL DISTRICTS
(b) Not currently be or in the past 6 years have been any of the following:
(ii) An elected official to partisan federal, state, or local office;
(iii) An officer or member of the governing body of a national, state, or local political party;
(iv) A paid consultant or employee of a federal, state, or local elected official or political candidate, of a federal, state, or local political candidate’s campaign, or of a political action committee;
(v) An employee of the legislature;
(vi) Any person who is registered as a lobbyist agent with the Michigan bureau of elections, or any employee of such person; or
(vii) An unclassified state employee who is exempt from classification in state civil service pursuant to article XI, section 5, except for employees of courts of record, employees of the state institutions of higher education, and persons in the armed forces of the state;
(d) Not be otherwise disqualified for appointed or elected office by this constitution.
(e) For five years after the date of appointment, a commissioner is ineligible to hold a partisan elective office at the state, county, city, village, or township level in Michigan.
The secretary of state shall also mail applications for commissioner to ten thousand Michigan registered voters, selected at random, by January 1 of the year of the federal decennial census.
(ii) Require applicants to provide a completed application.
(iii) Require applicants to attest under oath that they meet the qualifications set forth in this section; and either that they affiliate with one of the two political parties with the largest representation in the legislature (hereinafter, “major parties”), and if so, identify the party with which they affiliate, or that they do not affiliate with either of the major parties.
(c) The secretary of state shall accept applications for commissioner until June 1 of the year of the federal decennial census.
(d) By July 1 of the year of the federal decennial census, from all of the applications submitted, the secretary of state shall:
(ii) Randomly select 60 applicants from each pool of affiliating applicants and 80 applicants from the pool of non-affiliating applicants. 50% of each pool shall be populated from the qualifying applicants to such pool who returned an application mailed pursuant to part 2(a) or 2(b) of this section, provided, that if fewer than 30 qualifying applicants affiliated with a major party or fewer than 40 qualifying non-affiliating applicants have applied to serve on the commission in response to the random mailing, the balance of the pool shall be populated from the balance of qualifying applicants to that pool. The random selection process used by the secretary of state to fill the selection pools shall use accepted statistical weighting methods to ensure that the pools, as closely as possible, mirror the geographic and demographic makeup of the state; and
(iii) Submit the randomly-selected applications to the majority leader and the minority leader of the senate, and the speaker of the house of representatives and the minority leader of the house of representatives.
(f) By September 1 of the year of the federal decennial census, the secretary of state shall randomly draw the names of four commissioners from each of the two pools of remaining applicants affiliating with a major party, and five commissioners from the pool of remaining non-affiliating applicants.
(b) The secretary of state’s receipt of the commissioner’s written resignation;
(c) The commissioner’s disqualification for election or appointment or employment pursuant to article XI, section 8;
(d) The commissioner ceases to be qualified to serve as a commissioner under part (1) of this section; or
(e) After written notice and an opportunity for the commissioner to respond, a vote of 10 of the commissioners finding substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office.
(5) Beginning no later than December 1 of the year preceding the federal decennial census, and continuing each year in which the commission operates, the legislature shall appropriate funds sufficient to compensate the commissioners and to enable the commission to carry out its functions, operations and activities, which activities include retaining independent, nonpartisan subject-matter experts and legal counsel, conducting hearings, publishing notices and maintaining a record of the commission’s proceedings, and any other activity necessary for the commission to conduct its business, at an amount equal to not less than 25 percent of the general fund/general purpose budget for the secretary of state for that fiscal year. Within six months after the conclusion of each fiscal year, the commission shall return to the state treasury all moneys unexpended for that fiscal year. The commission shall furnish reports of expenditures, at least annually, to the governor and the legislature and shall be subject to annual audit as provided by law. Each commissioner shall receive compensation at least equal to 25 percent of the governor’s salary. The State of Michigan shall indemnify commissioners for costs incurred if the legislature does not appropriate sufficient funds to cover such costs.
(6) The commission shall have legal standing to prosecute an action regarding the adequacy of resources provided for the operation of the commission, and to defend any action regarding an adopted plan. The commission shall inform the legislature if the commission determines that funds or other resources provided for operation of the commission are not adequate. The legislature shall provide adequate funding to allow the commission to defend any action regarding an adopted plan.
(7) The secretary of state shall issue a call convening the commission by October 15 in the year of the federal decennial census. Not later than November 1 in the year immediately following the federal decennial census, the commission shall adopt a redistricting plan under this section for each of the following types of districts: state senate districts, state house of representative districts, and congressional districts.
(8) Before commissioners draft any plan, the commission shall hold at least ten public hearings throughout the state for the purpose of informing the public about the redistricting process and the purpose and responsibilities of the commission and soliciting information from the public about potential plans. The commission shall receive for consideration written submissions of proposed redistricting plans and any supporting materials, including underlying data, from any member of the public. These written submissions are public records.
(9) After developing at least one proposed redistricting plan for each type of district, the commission shall publish the proposed redistricting plans and any data and supporting materials used to develop the plans. Each commissioner may only propose one redistricting plan for each type of district. The commission shall hold at least five public hearings throughout the state for the purpose of soliciting comment from the public about the proposed plans. Each of the proposed plans shall include such census data as is necessary to accurately describe the plan and verify the population of each district, and a map and legal description that include the political subdivisions, such as counties, cities, and townships; man-made features, such as streets, roads, highways, and railroads; and natural features, such as waterways, which form the boundaries of the districts.
(10) Each commissioner shall perform his or her duties in a manner that is impartial and reinforces public confidence in the integrity of the redistricting process. The commission shall conduct all of its business at open meetings. Nine commissioners, including at least one commissioner from each selection pool shall constitute a quorum, and all meetings shall require a quorum. The commission shall provide advance public notice of its meetings and hearings. The commission shall conduct its hearings in a manner that invites wide public participation throughout the state. The commission shall use technology to provide contemporaneous public observation and meaningful public participation in the redistricting process during all meetings and hearings.
(11) The commission, its members, staff, attorneys, and consultants shall not discuss redistricting matters with members of the public outside of an open meeting of the commission, except that a commissioner may communicate about redistricting matters with members of the public to gain information relevant to the performance of his or her duties if such communication occurs (a) in writing or (b) at a previously publicly noticed forum or town hall open to the general public.
The commission, its members, staff, attorneys, experts, and consultants may not directly or indirectly solicit or accept any gift or loan of money, goods, services, or other thing of value greater than $20 for the benefit of any person or organization, which may influence the manner in which the commissioner, staff, attorney, expert, or consultant performs his or her duties.
(12) Except as provided in part (14) of this section, a final decision of the commission requires the concurrence of a majority of the commissioners. A decision on the dismissal or retention of paid staff or consultants requires the vote of at least one commissioner affiliating with each of the major parties and one non-affiliating commissioner. All decisions of the commission shall be recorded, and the record of its decisions shall be readily available to any member of the public without charge.
(13) The commission shall abide by the following criteria in proposing and adopting each plan, in order of priority:
(b) Districts shall be geographically contiguous. Island areas are considered to be contiguous by land to the county of which they are a part.
Districts shall reflect the state’s diverse population and communities of interest.
Communities of interest may include, but shall not be limited to, populations that share cultural or historical characteristics or economic interests. Communities of interest do not include relationships with political parties, incumbents, or political candidates.
(d) Districts shall not provide a disproportionate advantage to any political party. A disproportionate advantage to a political party shall be determined using accepted measures of partisan fairness.
(e) Districts shall not favor or disfavor an incumbent elected official or a candidate.
(f) Districts shall reflect consideration of county, city, and township boundaries.
(g) Districts shall be reasonably compact.
(b) Before voting to adopt a plan, the commission shall provide public notice of each plan that will be voted on and provide at least 45 days for public comment on the proposed plan or plans. Each plan that will be voted on shall include such census data as is necessary to accurately describe the plan and verify the population of each district, and shall include the map and legal description required in part (9) of this section.
(c) A final decision of the commission to adopt a redistricting plan requires a majority vote of the commission, including at least two commissioners who affiliate with each major party, and at least two commissioners who do not affiliate with either major party. If no plan satisfies this requirement for a type of district, the commission shall use the following procedure to adopt a plan for that type of district:
(ii) Each commissioner shall rank the plans submitted according to preference. Each plan shall be assigned a point value inverse to its ranking among the number of choices, giving the lowest ranked plan one point and the highest ranked plan a point value equal to the number of plans submitted.
(iii) The commission shall adopt the plan receiving the highest total points, that is also ranked among the top half of plans by at least two commissioners not affiliated with the party of the commissioner submitting the plan, or in the case of a plan submitted by non-affiliated commissioners, is ranked among the top half of plans by at least two commissioners affiliated with a major party. If plans are tied for the highest point total, the secretary of state shall randomly select the final plan from those plans. If no plan meets the requirements of this subparagraph, the secretary of state shall randomly select the final plan from among all submitted plans pursuant to part (14)(c)(i).
(16) For each adopted plan, the commission shall issue a report that explains the basis on which the commission made its decisions in achieving compliance with plan requirements and shall include the map and legal description required in part (9) of this section. A commissioner who votes against a redistricting plan may submit a dissenting report which shall be issued with the commission’s report.
(17) An adopted redistricting plan shall become law 60 days after its publication. The secretary of state shall keep a public record of all proceedings of the commission and shall publish and distribute each plan and required documentation.
(18) The terms of the commissioners shall expire once the commission has completed its obligations for a census cycle but not before any judicial review of the redistricting plan is complete.
(19) The supreme court, in the exercise of original jurisdiction, shall direct the secretary of state or the commission to perform their respective duties, may review a challenge to any plan adopted by the commission, and shall remand a plan to the commission for further action if the plan fails to comply with the requirements of this constitution, the constitution of the United States or superseding federal law. In no event shall any body, except the independent citizens redistricting commission acting pursuant to this section, promulgate and adopt a redistricting plan or plans for this state.
(20) This section is self-executing. If a final court decision holds any part or parts of this section to be in conflict with the United States constitution or federal law, the section shall be implemented to the maximum extent that the United States constitution and federal law permit. Any provision held invalid is severable from the remaining portions of this section.
(21) Notwithstanding any other provision of law, no employer shall discharge, threaten to discharge, intimidate, coerce, or retaliate against any employee because of the employee’s membership on the commission or attendance or scheduled attendance at any meeting of the commission.
(22) Notwithstanding any other provision of this constitution, or any prior judicial decision, as of the effective date of the constitutional amendment adding this provision, which amends article IV, sections 1 through 6, article V, sections 1, 2 and 4, and article VI, sections 1 and 4, including this provision, for purposes of interpreting this constitutional amendment the people declare that the powers granted to the commission are legislative functions not subject to the control or approval of the legislature, and are exclusively reserved to the commission. The commission, and all of its responsibilities, operations, functions, contractors, consultants and employees are not subject to change, transfer, reorganization, or reassignment, and shall not be altered or abrogated in any manner whatsoever, by the legislature. No other body shall be established by law to perform functions that are the same or similar to those granted to the commission in this section.
Art. IV §7 | LEGISLATORS; QUALIFICATIONS, REMOVAL FROM DISTRICT
Art. IV §8 | INELIGIBILITY OF GOVERNMENT OFFICERS AND EMPLOYEES
Art. IV §9 | CIVIL APPOINTMENTS, INELIGIBILITY OF LEGISLATORS
Art. IV §10 | LEGISLATORS AND STATE OFFICERS, GOVERNMENT CONTRACTS, CONFLICT OF INTEREST; ANNUAL FINANCIAL DISCLOSURE REPORT
(2) By April 15, 2024, and by a date each year thereafter as prescribed by state law, each member of the legislature, the governor, the lieutenant governor, the secretary of state, and the attorney general shall electronically file an annual financial disclosure report with the department of state that complies with this section. A report required to be filed under this section must include information regarding all of the following:
(b) Sources of earned income.
(c) Description of liabilities.
(d) Positions currently held as an officer, director, trustee, partner, proprietor, representative, employee, or consultant of any organization, corporation, firm, partnership, or other business enterprise, nonprofit organization, labor organization, or educational or other institution other than the state of Michigan. The positions required to be disclosed under this subdivision do not include positions held in any religious, social, fraternal, or political entity, or positions that are solely of an honorary nature.
(e) Agreements or arrangements with respect to future employment, a leave of absence while serving as a legislator or state officer, continuation or deferral of payments by a former or current employer other than the state of Michigan, or continuing participation in an employee welfare or benefit plan maintained by a former employer.
(f) Gifts received and required to be reported by a lobbyist or lobbyist agent, as prescribed by state law.
(g) Travel payments and reimbursements received and required to be reported by a lobbyist or lobbyist agent, as prescribed by state law.
(h) Payments made by a lobbyist or lobbyist agent to a charity in lieu of honoraria.
(4) The legislature shall further implement this section by appropriate legislation.
Legislation implementing this section must not limit or restrict the application of subsections (2) and (3).
(5) If legislation implementing this section is not enacted by December 31, 2023, a resident of this state may initiate a legal action against the legislature and the governor in the Michigan supreme court to enforce the requirements of this section.
Art. IV §11 | LEGISLATORS PRIVILEGED FROM CIVIL ARREST AND CIVIL PROCESS; LIMITATION; QUESTIONING FOR SPEECH IN EITHER HOUSE PROHIBITED
Art. IV §12 | STATE OFFICERS COMPENSATION COMMISSION
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.
Art. IV §13 | LEGISLATURE; TIME OF CONVENING, SINE DIE ADJOURNMENT, MEASURES CARRIED OVER
Art. IV §14 | QUORUM; POWERS OF LESS THAN QUORUM
Art. IV §15 | LEGISLATIVE COUNCIL
Art. IV §16 | LEGISLATURE; OFFICERS, RULES OF PROCEDURE, EXPULSION OF MEMBERS
Art. IV §17 | COMMITTEES; RECORD OF VOTES, PUBLIC INSPECTION, NOTICE OF HEARINGS
Such vote shall be available for public inspection. Notice of all committee hearings and a clear statement of all subjects to be considered at each hearing shall be published in the journal in advance of the hearing.
Art. IV §18 | JOURNAL OF PROCEEDINGS; RECORD OF VOTES, DISSENTS
Art. IV §19 | RECORD OF VOTES ON ELECTIONS AND ADVICE AND CONSENT
Art. IV §20 | OPEN MEETINGS
Art. IV §21 | ADJOURNMENTS, LIMITATIONS
Art. IV §22 | BILLS
Art. IV §23 | STYLE OF LAWS
Art. IV §24 | LAWS; OBJECT, TITLE, AMENDMENTS CHANGING PURPOSE
Art. IV §25 | REVISION AND AMENDMENT OF LAWS; TITLE REFERENCES, PUBLICATION OF ENTIRE SECTIONS
Art. IV §26 | BILLS; PRINTING, POSSESSION, READING, VOTE ON PASSAGE
Footnotes
Compiler’s Note:
In Advisory Opinion on Constitutionality of 1978 PA 426, 403 Mich. 631, 272 N.W.2d 495 (1978), the Michigan supreme court held that the lieutenant governor may cast a tie-breaking vote during the final consideration of a bill when the senate is equally divided, and 1978 PA 426 was constitutionally enacted.Art. IV §27 | LAWS, EFFECTIVE DATE
Footnotes
Constitutionality
A law proposed by initiative petition which is enacted by the Legislature without change or amendment within forty days of its reception takes effect ninety days after the end of the session in which it was enacted unless two-thirds of the members of each house of the Legislature vote to give it immediate effect. Frey v. Department of Management and Budget, 429 Mich. 315, 414 N.W.2d 873 (1987).Art. IV §28 | BILLS, SUBJECTS AT SPECIAL SESSION
Art. IV §29 | LOCAL OR SPECIAL ACTS
Art. IV §30 | APPROPRIATIONS; LOCAL OR PRIVATE PURPOSES
Art. IV §31 | GENERAL APPROPRIATION BILLS; PRIORITY, STATEMENT OF ESTIMATED REVENUE
Art. IV §32 | LAWS IMPOSING TAXES
Art. IV §33 | BILLS PASSED; APPROVAL BY GOVERNOR OR VETO, RECONSIDERATION BY LEGISLATURE
Art. IV §34 | BILLS, REFERENDUM
Art. IV §35 | PUBLICATION AND DISTRIBUTION OF LAWS AND JUDICIAL DECISIONS
Art. IV §36 | GENERAL REVISION OF LAWS; COMPILATION OF LAWS
Art. IV §37 | ADMINISTRATIVE RULES, SUSPENSION BY LEGISLATIVE COMMITTEE
Art. IV §38 | VACANCIES IN OFFICE
Art. IV §39 | CONTINUITY OF GOVERNMENT IN EMERGENCIES
Art. IV §40 | ALCOHOLIC BEVERAGES; AGE REQUIREMENT; LIQUOR CONTROL COMMISSION; EXCISE TAX; LOCAL OPTION
Except as prohibited by this section, (t)he legislature may by law establish a liquor control commission which, subject to statutory limitations, shall exercise complete control of the alcoholic beverage traffic within this state, including the retail sales thereof. The legislature may provide for an excise tax on such sales. Neither the legislature nor the commission may authorize the manufacture or sale of alcoholic beverages in any county in which a majority of the electors voting thereon shall prohibit the same.
Art. IV §41 | LOTTERIES
Art. IV §42 | PORTS AND PORT DISTRICTS; INCORPORATION, INTERNAL
Art. IV §43 | BANK AND TRUST COMPANY LAWS
Art. IV §44 | TRIAL BY JURY IN CIVIL CASES
Art. IV §45 | INDETERMINATE SENTENCES
Art. IV §46 | DEATH PENALTY
Art. IV §47 | CHAPLAINS IN STATE INSTITUTIONS
Art. IV §48 | DISPUTES CONCERNING PUBLIC EMPLOYEES
Art. IV §49 | HOURS AND CONDITIONS OF EMPLOYMENT
Art. IV §50 | ATOMIC AND NEW FORMS OF ENERGY
Art. IV §51 | PUBLIC HEALTH AND GENERAL WELFARE
Art. IV §52 | NATURAL RESOURCES; CONSERVATION, POLLUTION, IMPAIRMENT, DESTRUCTION
Art. IV §53 | AUDITOR GENERAL; APPOINTMENT, QUALIFICATIONS, TERM, REMOVAL, POST AUDITS
Independent investigations; reports.
The auditor general upon direction by the legislature may employ independent accounting firms or legal counsel and may make investigations pertinent to the conduct of audits. He shall report annually to the legislature and to the governor and at such other times as he deems necessary or as required by the legislature. He shall be assigned no duties other than those specified in this section.Governing boards of institutions of higher education.
Nothing in this section shall be construed in any way to infringe the responsibility and constitutional authority of the governing boards of the institutions of higher education to be solely responsible for the control and direction of all expenditures from the institutions’ funds.Staff members, civil service.
The auditor general, his deputy and one other member of his staff shall be exempt from classified civil service. All other members of his staff shall have classified civil service status.Art. IV §54 | LIMITATIONS ON TERMS OF OFFICE OF STATE LEGISLATORS
(2) This section is self-executing. Legislation may be enacted to facilitate operation of this section, but a law must not limit or restrict the application of this section.
Article V
Executive Branch
Art. V §1 | EXECUTIVE POWER
Art. V §2 | PRINCIPAL DEPARTMENTS
Organization of executive branch; assignment of functions; submission to legislature.
Subsequent to the initial allocation, the governor may make changes in the organization of the executive branch or in the assignment of functions among its units which he considers necessary for efficient administration. Where these changes require the force of law, they shall be set forth in executive orders and submitted to the legislature. Thereafter the legislature shall have 60 calendar days of a regular session, or a full regular session if of shorter duration, to disapprove each executive order. Unless disapproved in both houses by a resolution concurred in by a majority of the members elected to and serving in each house, each order shall become effective at a date thereafter to be designated by the governor.Exemption for independent citizens redistricting commission for state legislative and congressional districts.
Notwithstanding any other provision of this constitution or any prior judicial decision, as of the effective date of the constitutional amendment adding this provision, which amends article IV, sections 1 through 6, article V, sections 1, 2 and 4, and article VI, sections 1 and 4, including this provision, for purposes of interpreting this constitutional amendment the people declare that the powers granted to independent citizens redistricting commission for state and congressional districts (hereinafter, “commission”) are legislative functions not subject to the control or approval of the governor, and are exclusively reserved to the commission. The commission, and all of its responsibilities, operations, functions, contractors, consultants and employees are not subject to change, transfer, reorganization, or reassignment, and shall not be altered or abrogated in any manner whatsoever, by the governor. No other body shall be established by law to perform functions that are the same or similar to those granted to the commission in article IV, section 6.Art. V §3 | SINGLE HEADS OF DEPARTMENTS; APPOINTMENT, TERM
Boards heading departments; appointment, term, removal.
When a board or commission is at the head of a principal department, unless elected or appointed as otherwise provided in this constitution, the members thereof shall be appointed by the governor by and with the advice and consent of the senate. The term of office and procedure for removal of such members shall be as prescribed in this constitution or by law.Boards and commissions, maximum term.
Terms of office of any board or commission created or enlarged after the effective date of this constitution shall not exceed four years except as otherwise authorized in this constitution. The terms of office of existing boards and commissions which are longer than four years shall not be further extended except as provided in this constitution.Art. V §4 | COMMISSIONS OR AGENCIES FOR LESS THAN 2 YEARS
Art. V §5 | EXAMINING OR LICENSING BOARD MEMBERS, QUALIFICATIONS
Art. V §6 | ADVICE AND CONSENT TO APPOINTMENTS
Art. V §7 | VACANCIES IN OFFICE; FILLING, SENATORIAL DISAPPROVAL OF APPOINTEES
Art. V §8 | PRINCIPAL DEPARTMENTS, SUPERVISION OF GOVERNOR; INFORMATION FROM STATE OFFICERS
Court enforcement of constitutional or legislative mandate.
The governor may initiate court proceedings in the name of the state to enforce compliance with any constitutional or legislative mandate, or to restrain violations of any constitutional or legislative power, duty or right by any officer, department or agency of the state or any of its political subdivisions. This authority shall not be construed to authorize court proceedings against the legislature.Art. V §9 | PRINCIPAL DEPARTMENTS, LOCATION
Art. V §10 | REMOVAL OR SUSPENSION OF OFFICERS; GROUNDS, REPORT
He may remove or suspend from office for gross neglect of duty or for corrupt conduct in office, or for any other misfeasance or malfeasance therein, any elective or appointive state officer, except legislative or judicial, and shall report the reasons for such removal or suspension to the legislature.
Art. V §11 | PROVISIONAL APPOINTMENTS TO FILL VACANCIES DUE TO SUSPENSION
Art. V §12 | MILITARY POWERS
Art. V §13 | ELECTIONS TO FILL VACANCIES IN LEGISLATURE
Art. V §14 | REPRIEVES, COMMUTATIONS AND PARDONS
Art. V §15 | EXTRA SESSIONS OF LEGISLATURE
Art. V §16 | LEGISLATURE OTHER THAN AT SEAT OF GOVERNMENT
Art. V §17 | MESSAGES AND RECOMMENDATIONS TO LEGISLATURE
Art. V §18 | BUDGET; GENERAL AND DEFICIENCY APPROPRIATION BILLS
Art. V §19 | DISAPPROVAL OF ITEMS IN APPROPRIATION BILLS
Art. V §20 | REDUCTIONS IN EXPENDITURES
Art. V §21 | STATE ELECTIVE EXECUTIVE OFFICERS; TERM, ELECTION
Lieutenant governor, secretary of state and attorney general, nomination.
The lieutenant governor, secretary of state and attorney general shall be nominated by party conventions in a manner prescribed by law. In the general election one vote shall be cast jointly for the candidates for governor and lieutenant governor nominated by the same party.Secretary of state and attorney general, vacancies in office.
Vacancies in the office of the secretary of state and attorney general shall be filled by appointment by the governor.Art. V §22 | GOVERNOR AND LIEUTENANT GOVERNOR, QUALIFICATIONS
Art. V §23 | STATE ELECTIVE EXECUTIVE OFFICERS, COMPENSATION
Art. V §24 | EXECUTIVE RESIDENCE
Art. V §25 | LIEUTENANT GOVERNOR; PRESIDENT OF SENATE, TIE VOTE, DUTIES
Footnotes
Compiler’s Note:
In Advisory Opinion on Constitutionality of 1978 PA 426, 403 Mich. 631, 272 N.W.2d 495 (1978), the Michigan supreme court held that the lieutenant governor may cast a tie-breaking vote during the final consideration of a bill when the senate is equally divided, and 1978 PA 426 was constitutionally enacted.Art. V §26 | SUCCESSION TO GOVERNORSHIP
Death of governor-elect.
In case of the death of the governor-elect, the lieutenant governor-elect, the secretary of state-elect, the attorney general-elect and such other persons designated by law shall become governor in that order at the commencement of the governor-elect’s term.Duration of successor’s term as governor.
If the governor or the person in line of succession to serve as governor is absent from the state, or suffering under an inability, the powers and duties of the office of the governor shall devolve in order of precedence until the absence or inability giving rise to the devolution of powers ceases.Determination of inability.
The inability of the governor or person acting as governor shall be determined by a majority of the supreme court on joint request of the president pro tempore of the senate and the speaker of the house of representatives. Such determination shall be final and conclusive. The supreme court shall upon its own initiative determine if and when the inability ceases.Art. V §27 | SALARY OF SUCCESSOR
Art. V §28 | STATE TRANSPORTATION COMMISSION; ESTABLISHMENT; PURPOSE; APPOINTMENT, QUALIFICATIONS, AND TERMS OF MEMBERS; DIRECTOR OF STATE TRANSPORTATION DEPARTMENT
The state transportation commission shall consist of six members, not more than three of whom shall be members of the same political party. They shall be appointed by the governor by and with the advice and consent of the senate for three-year terms, no three of which shall expire in the same year, as provided by law.
The director of the state transportation department shall be appointed as provided by law and shall be the principal executive officer of the state transportation department and shall be responsible for executing the policy of the state transportation commission.
Art. V §29 | CIVIL RIGHTS COMMISSION; MEMBERS, TERM, DUTIES, APPROPRIATION
Rules and regulations; hearings, orders.
The commission shall have power, in accordance with the provisions of this constitution and of general laws governing administrative agencies, to promulgate rules and regulations for its own procedures, to hold hearings, administer oaths, through court authorization to require the attendance of witnesses and the submission of records, to take testimony, and to issue appropriate orders. The commission shall have other powers provided by law to carry out its purposes. Nothing contained in this section shall be construed to diminish the right of any party to direct and immediate legal or equitable remedies in the courts of this state.Appeals.
Appeals from final orders of the commission, including cease and desist orders and refusals to issue complaints, shall be tried de novo before the circuit court having jurisdiction provided by law.Art. V §30 | LIMITATIONS ON TERMS OF EXECUTIVE OFFICERS
Any person appointed or elected to fill a vacancy in the office of governor, lieutenant governor, secretary of state or attorney general for a period greater than one half of a term of such office, shall be considered to have been elected to serve one time in that office 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.
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.
Article VI
Judicial Branch
Art. VI §1 | JUDICIAL POWER IN COURT OF JUSTICE; DIVISIONS
Art. VI §2 | JUSTICES OF THE SUPREME COURT; NUMBER, TERM, NOMINATION, ELECTION
Art. VI §3 | CHIEF JUSTICE; COURT ADMINISTRATOR; OTHER ASSISTANTS
Art. VI §4 | GENERAL SUPERINTENDING CONTROL OVER COURTS; WRITS; APPELLATE JURISDICTION
Art. VI §5 | COURT RULES; DISTINCTIONS BETWEEN LAW AND EQUITY; MASTER IN CHANCERY
Footnotes
Constitutionality
The State of Michigan, through the combined actions of the Supreme Court, the Legislature, and the State Bar, may compulsorily exact dues, and require association of attorneys, to support only those duties and functions of the State Bar which serve a compelling state interest and which cannot be accomplished by means less intrusive upon the First Amendment rights of objecting attorneys.Art. VI §6 | DECISIONS AND DISSENTS; WRITING, CONTENTS
Art. VI §7 | STAFF; BUDGET; SALARIES OF JUSTICES; FEES
Art. VI §8 | COURT OF APPEALS; ELECTION OF JUDGES, DIVISIONS
Each such division shall consist of not fewer than three judges. The number of judges comprising the court of appeals may be increased, and the districts from which they are elected may be changed by law.
Art. VI §9 | JUDGES OF COURT OF APPEALS, TERMS
Art. VI §10 | JURISDICTION, PRACTICE AND PROCEDURE OF COURT OF APPEALS
Art. VI §11 | CIRCUIT COURTS; JUDICIAL CIRCUITS, SESSIONS, NUMBER OF JUDGES
No change in the number of judges or alteration or discontinuance of a circuit shall have the effect of removing a judge from office during his term.
Art. VI §12 | CIRCUIT JUDGES; NOMINATION, ELECTION, TERM
Art. VI §13 | CIRCUIT COURTS; JURISDICTION, WRITS, SUPERVISORY CONTROL OVER INFERIOR COURTS
Art. VI §14 | COUNTY CLERKS; DUTIES, VACANCIES; PROSECUTING ATTORNEYS, VACANCIES
Art. VI §15 | PROBATE COURTS; DISTRICTS, JURISDICTION
Art. VI §16 | PROBATE JUDGES; NOMINATION, ELECTION, TERMS
Art. VI §17 | JUDICIAL SALARIES AND FEES
Art. VI §18 | SALARIES; UNIFORMITY, CHANGES DURING TERM
Circuit judges, additional salary from county.
Each of the judges of the circuit court shall receive an annual salary as provided by law. In addition to the salary received from the state, each circuit judge may receive from any county in which he regularly holds court an additional salary as determined from time to time by the board of supervisors of the county. In any county where an additional salary is granted, it shall be paid at the same rate to all circuit judges regularly holding court therein.Art. VI §19 | COURTS OF RECORD; SEAL, QUALIFICATIONS OF JUDGES
(2) To be qualified to serve as a judge of a trial court, a judge of the court of appeals, or a justice of the supreme court, a person shall have been admitted to the practice of law for at least 5 years. This subsection shall not apply to any judge or justice appointed or elected to judicial office prior to the date on which this subsection becomes part of the constitution.
(3) No person shall be elected or appointed to a judicial office after reaching the age of 70 years.
Art. VI §20 | REMOVAL OF DOMICILE OF JUDGE
Art. VI §21 | INELIGIBILITY FOR OTHER OFFICE
Art. VI §22 | INCUMBENT JUDGES, AFFIDAVIT OF CANDIDACY
Art. VI §23 | JUDICIAL VACANCIES, FILLING; APPOINTEE, TERM; SUCCESSOR; NEW OFFICES
Art. VI §24 | INCUMBENT JUDGES, BALLOT DESIGNATION
Art. VI §25 | REMOVAL OF JUDGES FROM OFFICE
Art. VI §26 | CIRCUIT COURT COMMISSIONERS AND JUSTICES OF THE PEACE, ABOLITION; COURTS OF LIMITED JURISDICTION
Present statutory courts.
Statutory courts in existence at the time this constitution becomes effective shall retain their powers and jurisdiction, except as provided by law, until they are abolished by law.Art. VI §27 | POWER OF APPOINTMENT TO PUBLIC OFFICE
Art. VI §28 | ADMINISTRATIVE ACTION, REVIEW
This review shall include, as a minimum, the determination whether such final decisions, findings, rulings and orders are authorized by law; and, in cases in which a hearing is required, whether the same are supported by competent, material and substantial evidence on the whole record. Findings of fact in workmen’s compensation proceedings shall be conclusive in the absence of fraud unless otherwise provided by law.
Property tax valuation or allocation; review.
In the absence of fraud, error of law or the adoption of wrong principles, no appeal may be taken to any court from any final agency provided for the administration of property tax laws from any decision relating to valuation or allocation.Art. VI §29 | CONSERVATORS OF THE PEACE
Art. VI §30 | JUDICIAL TENURE COMMISSION; SELECTION; TERMS; DUTIES; POWER OF SUPREME COURT
(2) On recommendation of the judicial tenure commission, the supreme court may censure, suspend with or without salary, retire or remove a judge for conviction of a felony, physical or mental disability which prevents the performance of judicial duties, misconduct in office, persistent failure to perform his duties, habitual intemperance or conduct that is clearly prejudicial to the administration of justice. The supreme court shall make rules implementing this section and providing for confidentiality and privilege of proceedings.
Article VII
Local Government
Art. VII §1 | COUNTIES; CORPORATE CHARACTER, POWERS AND IMMUNITIES
Art. VII §2 | COUNTY CHARTERS
Election of charter commissions.
The board of supervisors by a majority vote of its members may, and upon petition of five percent of the electors shall, place upon the ballot the question of electing a commission to frame a charter.Approval of electors.
No county charter shall be adopted, amended or repealed until approved by a majority of electors voting on the question.Art. VII §3 | REDUCTION OF SIZE OF COUNTY
Art. VII §4 | COUNTY OFFICERS; TERMS, COMBINATION
Art. VII §5 | OFFICES AT COUNTY SEAT
Art. VII §6 | SHERIFFS; SECURITY, RESPONSIBILITY FOR ACTS, INELIGIBILITY FOR OTHER OFFICE
Art. VII §7 | BOARDS OF SUPERVISORS; MEMBERS
Footnotes
Constitutionality
Section held invalid under federal constitution. Advisory Opinion re Constitutionality of P.A. 1966, No. 261, 380 Mich. 736, 158 N.W. 2d 497 (1968); In re Apportionment of Ontonagon County Board of Supervisors, 11 Mich. App. 348, 157 N.W. 2d 698 (1967).Art. VII §8 | LEGISLATIVE, ADMINISTRATIVE, AND OTHER POWERS AND DUTIES OF BOARDS
Art. VII §9 | COMPENSATION OF COUNTY OFFICERS
Art. VII §10 | REMOVAL OF COUNTY SEAT
Art. VII §11 | INDEBTEDNESS, LIMITATION
Art. VII §12 | NAVIGABLE STREAMS, PERMISSION TO BRIDGE OR DAM
Art. VII §13 | CONSOLIDATION OF COUNTIES, APPROVAL BY ELECTORS
Art. VII §14 | ORGANIZATION AND CONSOLIDATION OF TOWNSHIPS
Art. VII §15 | COUNTY INTERVENTION IN PUBLIC UTILITY SERVICE AND RATE PROCEEDINGS
Art. VII §16 | HIGHWAYS, BRIDGES, CULVERTS, AIRPORTS; ROAD TAX LIMITATION
Art. VII §17 | TOWNSHIPS; CORPORATE CHARACTER, POWERS AND IMMUNITIES
Art. VII §18 | TOWNSHIP OFFICERS; TERM, POWERS AND DUTIES
Art. VII §19 | TOWNSHIP PUBLIC UTILITY FRANCHISES
Art. VII §20 | TOWNSHIPS, DISSOLUTION; VILLAGES AS CITIES
Art. VII §21 | CITIES AND VILLAGES; INCORPORATION, TAXES, INDEBTEDNESS
Each city and village is granted power to levy other taxes for public purposes, subject to limitations and prohibitions provided by this constitution or by law.
Art. VII §22 | CHARTERS, RESOLUTIONS, ORDINANCES; ENUMERATION OF POWERS
Art. VII §23 | PARKS, BOULEVARDS, CEMETERIES, HOSPITALS
Art. VII §24 | PUBLIC SERVICE FACILITIES
Services outside corporate limits.
Any city or village may sell and deliver heat, power or light without its corporate limits in an amount not exceeding 25 percent of that furnished by it within the corporate limits, except as greater amounts may be permitted by law; may sell and deliver water and provide sewage disposal services outside of its corporate limits in such amount as may be determined by the legislative body of the city or village; and may operate transportation lines outside the municipality within such limits as may be prescribed by law.Art. VII §25 | PUBLIC UTILITIES; ACQUISITION, FRANCHISES, SALE
Art. VII §26 | CITIES AND VILLAGES, LOAN OF CREDIT
Art. VII §27 | METROPOLITAN GOVERNMENTS AND AUTHORITIES
Art. VII §28 | GOVERNMENTAL FUNCTIONS AND POWERS; JOINT ADMINISTRATION, COSTS AND CREDITS, TRANSFERS
Officers, eligibility.
Any other provision of this constitution notwithstanding, an officer or employee of the state or any such unit of government or subdivision or agency thereof, except members of the legislature, may serve on or with any governmental body established for the purposes set forth in this section and shall not be required to relinquish his office or employment by reason of such service.Art. VII §29 | HIGHWAYS, STREETS, ALLEYS, PUBLIC PLACES; CONTROL, USE BY PUBLIC UTILITIES
Art. VII §30 | FRANCHISES AND LICENSES, DURATION
Art. VII §31 | VACATION OR ALTERATION OF ROADS, STREETS, ALLEYS, PUBLIC PLACES
Art. VII §32 | BUDGETS, PUBLIC HEARING
Art. VII §33 | REMOVAL OF ELECTED OFFICERS
Art. VII §34 | CONSTRUCTION OF CONSTITUTION AND LAW CONCERNING COUNTIES, TOWNSHIPS, CITIES, VILLAGES
Article VIII
Education
Art. VIII §1 | ENCOURAGEMENT OF EDUCATION
Art. VIII §2 | FREE PUBLIC ELEMENTARY AND SECONDARY SCHOOLS; DISCRIMINATION
Nonpublic schools, prohibited aid.
No public monies or property shall be appropriated or paid or any public credit utilized, by the legislature or any other political subdivision or agency of the state directly or indirectly to aid or maintain any private, denominational or other nonpublic, pre-elementary, elementary, or secondary school. No payment, credit, tax benefit, exemption or deductions, tuition voucher, subsidy, grant or loan of public monies or property shall be provided, directly or indirectly, to support the attendance of any student or the employment of any person at any such nonpublic school or at any location or institution where instruction is offered in whole or in part to such nonpublic school students. The legislature may provide for the transportation of students to and from any school.Footnotes
Constitutionality
That portion of second sentence of second paragraph of this section, prohibiting use of public money to support attendance of any student or employment of any person at any location or institution where instruction is offered in whole or in part to nonpublic students, was held unconstitutional, void, and unenforceable because it contravened free exercise of religion guaranteed by the United States Constitution and was violative of equal protection of laws provisions of United States Constitution. Traverse City School District v. Attorney General, 384 Mich. 390, 185 N.W. 2d 9 (1971).Art. VIII §3 | STATE BOARD OF EDUCATION; DUTIES
Superintendent of public instruction; appointment, powers, duties.
The state board of education shall appoint a superintendent of public instruction whose term of office shall be determined by the board. He shall be the chairman of the board without the right to vote, and shall be responsible for the execution of its policies. He shall be the principal executive officer of a state department of education which shall have powers and duties provided by law.State board of education; members, nomination, election, term.
The state board of education shall consist of eight members who shall be nominated by party conventions and elected at large for terms of eight years as prescribed by law. The governor shall fill any vacancy by appointment for the unexpired term. The governor shall be ex-officio a member of the state board of education without the right to vote.Boards of institutions of higher education, limitation.
The power of the boards of institutions of higher education provided in this constitution to supervise their respective institutions and control and direct the expenditure of the institutions’ funds shall not be limited by this section.Art. VIII §4 | HIGHER EDUCATION INSTITUTIONS; APPROPRIATIONS, ACCOUNTING, PUBLIC SESSIONS OF BOARDS
Art. VIII §5 | UNIVERSITY OF MICHIGAN, MICHIGAN STATE UNIVERSITY, WAYNE STATE UNIVERSITY; CONTROLLING BOARDS
Art. VIII §6 | OTHER INSTITUTIONS OF HIGHER EDUCATION, CONTROLLING BOARDS
Each board of control shall consist of eight members who shall hold office for terms of eight years, not more than two of which shall expire in the same year, and who shall be appointed by the governor by and with the advice and consent of the senate. Vacancies shall be filled in like manner.
Art. VIII §7 | COMMUNITY AND JUNIOR COLLEGES; STATE BOARD, MEMBERS, TERMS, VACANCIES
Art. VIII §8 | SERVICES FOR DISABLED PERSONS
Art. VIII §9 | PUBLIC LIBRARIES, FINES
Article IX
Finance And Taxation
Art. IX §1 | TAXES FOR STATE EXPENSES
Art. IX §2 | POWER OF TAXATION, RELINQUISHMENT
Art. IX §3 | PROPERTY TAXATION; UNIFORMITY; ASSESSMENTS; LIMITATIONS; CLASSES; APPROVAL OF LEGISLATURE
Art. IX §4 | EXEMPTION OF RELIGIOUS OR EDUCATIONAL NONPROFIT ORGANIZATIONS
Art. IX §5 | ASSESSMENT OF PROPERTY OF PUBLIC SERVICE BUSINESSES
The rate of taxation on such property shall be the average rate levied upon other commercial, industrial, and utility property in this state under the general ad valorem tax law, or, if the legislature provides, the rate of tax applicable to the property of each business enterprise assessed by the state shall be the average rate of ad valorem taxation levied upon other commercial, industrial, and utility property in all counties in which any of such property is situated.
Art. IX §6 | REAL AND TANGIBLE PERSONAL PROPERTY; LIMITATION ON GENERAL AD VALOREM TAXES; ADOPTION AND ALTERATION OF SEPARATE TAX LIMITATIONS; EXCEPTIONS TO LIMITATIONS; PROPERTY TAX ON SCHOOL DISTRICT EXTENDING INTO 2 OR MORE COUNTIES
The foregoing limitations shall not apply to taxes imposed for the payment of principal and interest on bonds approved by the electors or other evidences of indebtedness approved by the electors or for the payment of assessments or contract obligations in anticipation of which bonds are issued approved by the electors, which taxes may be imposed without limitation as to rate or amount; or, subject to the provisions of Section 25 through 34 of this article, to taxes imposed for any other purpose by any city, village, charter county, charter township, charter authority or other authority, the tax limitations of which are provided by charter or by general law.
In any school district which extends into two or more counties, property taxes at the highest rate available in the county which contains the greatest part of the area of the district may be imposed and collected for school purposes throughout the district.
Art. IX §7 | INCOME TAX
Art. IX §8 | SALES AND USE TAXES
Beginning May 1, 1994, the sales tax shall be imposed on retailers at an additional rate of 2% of their gross taxable sales of tangible personal property not exempt by law and the use tax at an additional rate of 2%. The proceeds of the sales and use taxes imposed at the additional rate of 2% shall be deposited in the state school aid fund established in section 11 of this article. The allocation of sales tax revenue required or authorized by sections 9 and 10 of this article does not apply to the revenue from the sales tax imposed at the additional rate of 2%.
No sales tax or use tax shall be charged or collected from and after January 1, 1975 on the sale or use of prescription drugs for human use, or on the sale or use of food for human consumption except in the case of prepared food intended for immediate consumption as defined by law. This provision shall not apply to alcoholic beverages.
Art. IX §9 | USE OF SPECIFIC TAXES ON FUELS FOR TRANSPORTATION PURPOSES; AUTHORIZATION OF INDEBTEDNESS AND ISSUANCE OF OBLIGATIONS
Not less than 90 percent of the specific taxes, except general sales and use taxes and regulatory fees, imposed directly or indirectly on fuels sold or used to propel motor vehicles upon highways and on registered motor vehicles shall, after the payment of necessary collection expenses, be used exclusively for the transportation purposes of planning, administering, constructing, reconstructing, financing, and maintaining state, county, city, and village roads, streets, and bridges designed primarily for the use of motor vehicles using tires, and reasonable appurtenances to those state, county, city, and village roads, streets, and bridges.
The balance, if any, of the specific taxes, except general sales and use taxes and regulatory fees, imposed directly or indirectly on fuels sold or used to propel motor vehicles upon highways and on registered motor vehicles, after the payment of necessary collection expenses; 100 percent of the specific taxes, except general sales and use taxes and regulatory fees, imposed directly or indirectly on fuels sold or used to propel aircraft and on registered aircraft, after the payment of necessary collection expenses; and not more than 25 percent of the general sales taxes, imposed directly or indirectly on fuels sold to propel motor vehicles upon highways, on the sale of motor vehicles, and on the sale of the parts and accessories of motor vehicles, after the payment of necessary collection expenses; shall be used exclusively for the transportation purposes of comprehensive transportation purposes as defined by law.
The legislature may authorize the incurrence of indebtedness and the issuance of obligations pledging the taxes allocated or authorized to be allocated by this section, which obligations shall not be construed to be evidences of state indebtedness under this constitution.
Art. IX §10 | SALES TAX; DISTRIBUTION TO LOCAL GOVERNMENTS
Art. IX §11 | STATE SCHOOL AID FUND; SOURCE; DISTRIBUTION; GUARANTEE TO LOCAL SCHOOL DISTRICT
Art. IX §12 | EVIDENCE OF STATE INDEBTEDNESS
Art. IX §13 | PUBLIC BODIES, BORROWING POWER
Art. IX §14 | STATE BORROWING; SHORT TERM
Art. IX §15 | LONG TERM BORROWING BY STATE
Art. IX §16 | STATE LOANS TO SCHOOL DISTRICTS
Amount of loans.
If the minimum amount which would otherwise be necessary for a school district to levy in any year to pay principal and interest on its qualified bonds, including any necessary allowances for estimated tax delinquencies, exceeds 13 mills on each dollar of its assessed valuation as finally equalized, or such lower millage as the legislature may prescribe, then the school district may elect to borrow all or any part of the excess from the state. In that event the state shall lend the excess amount to the school district for the payment of principal and interest. If for any reason any school district will be or is unable to pay the principal and interest on its qualified bonds when due, then the school district shall borrow and the state shall lend to it an amount sufficient to enable the school district to make the payment.Qualified bonds.
The term “qualified bonds” means general obligation bonds of school districts issued for capital expenditures, including refunding bonds, issued prior to May 4, 1955, or issued thereafter and qualified as provided by law pursuant to Section 27 or Section 28 of Article X of the Constitution of 1908 or pursuant to this section.Repayment of loans, tax levy by school district.
After a school district has received loans from the state, each year thereafter it shall levy for debt service, exclusive of levies for nonqualified bonds, not less than 13 mills or such lower millage as the legislature may prescribe, until the amount loaned has been repaid, and any tax collections therefrom in any year over and above the minimum requirements for principal and interest on qualified bonds shall be used toward the repayment of state loans. In any year when such levy would produce an amount in excess of the requirements and the amount due to the state, the levy may be reduced by the amount of the excess.Bonds, state loans, repayment.
Subject to the foregoing provisions, the legislature shall have the power to prescribe and to limit the procedure, terms and conditions for the qualification of bonds, for obtaining and making state loans, and for the repayment of loans.Power to tax unlimited.
The power to tax for the payment of principal and interest on bonds hereafter issued which are the general obligations of any school district, including refunding bonds, and for repayment of any state loans made to school districts, shall be without limitation as to rate or amount.Rights and obligations to remain unimpaired.
All rights acquired under Sections 27 and 28 of Article X of the Constitution of 1908, by holders of bonds heretofore issued, and all obligations assumed by the state or any school district under these sections, shall remain unimpaired.Art. IX §17 | PAYMENTS FROM STATE TREASURY
Art. IX §18 | STATE CREDIT
Investment of public funds.
This section shall not be construed to prohibit the investment of public funds until needed for current requirements or the investment of funds accumulated to provide retirement or pension benefits for public officials and employees, as provided by law.Art. IX §19 | SUBSCRIPTION TO OR INTEREST IN STOCK BY STATE PROHIBITED; EXCEPTIONS
(b) Endowment funds created for charitable or educational purposes may be invested as provided by law governing the investment of funds held in trust by trustees.
(c) Funds held as permanent funds or endowment funds other than those described in subdivision (b) may be invested as provided by law.
Art. IX §20 | DEPOSIT OF STATE MONEY IN CERTAIN FINANCIAL INSTITUTIONS; REQUIREMENTS
Art. IX §21 | ACCOUNTING FOR PUBLIC MONEYS
Accounting and auditing for local governments.
The legislature shall provide by law for the maintenance of uniform accounting systems by units of local government and the auditing of county accounts by competent state authority and other units of government as provided by law.Art. IX §22 | EXAMINATION AND ADJUSTMENT OF CLAIMS AGAINST STATE
Art. IX §23 | FINANCIAL RECORDS; STATEMENT OF REVENUES AND EXPENDITURES
Art. IX §24 | PUBLIC PENSION PLANS AND RETIREMENT SYSTEMS, OBLIGATION
Financial benefits, annual funding.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.Art. IX §25 | VOTER APPROVAL OF INCREASED LOCAL TAXES; PROHIBITIONS; EMERGENCY CONDITIONS; REPAYMENT OF BONDED INDEBTEDNESS GUARANTEED; IMPLEMENTATION OF SECTION
Art. IX §26 | LIMITATION ON TAXES; REVENUE LIMIT; REFUNDING OR TRANSFERRING EXCESS REVENUES; EXCEPTIONS TO REVENUE LIMITATION; ADJUSTMENT OF STATE REVENUE AND SPENDING LIMITS
For any fiscal year in the event that Total State Revenues exceed the revenue limit established in this section by 1% or more, the excess revenues shall be refunded pro rata based on the liability reported on the Michigan income tax and single business tax (or its successor tax or taxes) annual returns filed following the close of such fiscal year. If the excess is less than 1%, this excess may be transferred to the State Budget Stabilization Fund.
The revenue limitation established in this section shall not apply to taxes imposed for the payment of principal and interest on bonds, approved by the voters and authorized under Section 15 of this Article, and loans to school districts authorized under Section 16 of this Article.
If responsibility for funding a program or programs is transferred from one level of government to another, as a consequence of constitutional amendment, the state revenue and spending limits may be adjusted to accommodate such change, provided that the total revenue authorized for collection by both state and local governments does not exceed that amount which would have been authorized without such change.
Art. IX §27 | EXCEEDING REVENUE LIMIT; CONDITIONS
(2) the request is specific as to the nature of the emergency, the dollar amount of the emergency, and the method by which the emergency will be funded; and
(3) the legislature thereafter declares an emergency in accordance with the specific of the governor’s request by a two-thirds vote of the members elected to and serving in each house. The emergency must be declared in accordance with this section prior to incurring any of the expenses which constitute the emergency request. The revenue limit may be exceeded only during the fiscal year for which the emergency is declared. In no event shall any part of the amount representing a refund under Section 26 of this Article be the subject of an emergency request.
Art. IX §28 | LIMITATION ON EXPENSES OF STATE GOVERNMENT
Art. IX §29 | STATE FINANCING OF ACTIVITIES OR SERVICES REQUIRED OF LOCAL GOVERNMENT BY STATE LAW
Art. IX §30 | REDUCTION OF STATE SPENDING PAID TO UNITS OF LOCAL GOVERNMENT
Art. IX §31 | LEVYING TAX OR INCREASING RATE OF EXISTING TAX; MAXIMUM TAX RATE ON NEW BASE; INCREASE IN ASSESSED VALUATION OF PROPERTY; EXCEPTIONS TO LIMITATIONS
The limitations of this section shall not apply to taxes imposed for the payment of principal and interest on bonds or other evidence of indebtedness or for the payment of assessments on contract obligations in anticipation of which bonds are issued which were authorized prior to the effective date of this amendment.
Art. IX §32 | SUIT TO ENFORCE SECTIONS 25 TO 31
Art. IX §33 | DEFINITIONS APPLICABLE TO SECTIONS 25 TO 32
“Total State Revenues” includes all general and special revenues, excluding federal aid, as defined in the budget message of the governor for fiscal year 1978-1979. Total State Revenues shall exclude the amount of any credits based on actual tax liabilities or the imputed tax components of rental payments, but shall include the amount of any credits not related to actual tax liabilities.
“Personal Income of Michigan” is the total income received by persons in Michigan from all sources, as defined and officially reported by the United States Department of Commerce or its successor agency.
“Local Government” means any political subdivision of the state, including, but not restricted to, school districts, cities, villages, townships, charter townships, counties, charter counties, authorities created by the state, and authorities created by other units of local government.
“General Price Level” means the Consumer Price Index for the United States as defined and officially reported by the United States Department of Labor or its successor agency.
Art. IX §34 | IMPLEMENTATION OF SECTIONS 25 TO 33
Art. IX §35 | MICHIGAN NATURAL RESOURCES TRUST FUND
(2) Until the Michigan state parks endowment fund reaches an accumulated principal of $800,000,000.00, the amount accumulated in the trust fund in any state fiscal year shall not exceed $500,000,000.00, exclusive of interest and earnings and money authorized for expenditure pursuant to this section. This amount is the accumulated principal limit. The accumulated principal of the trust fund shall not be expended. However, the interest and earnings of the trust fund shall be expended for the following:
(b) Development, renovation, and redevelopment of public recreation facilities.
(c) Administration of the trust fund, which may include payments in lieu of taxes on state owned land purchased through the trust fund.
(4) After the Michigan state parks endowment fund reaches an accumulated principal of $800,000,000.00, the accumulated principal limit for the trust fund as provided for in subsection (2) no longer applies and the revenues from bonuses, rentals, delayed rentals, and royalties described in subsection (1) shall be deposited into the trust fund. From these revenues each year the legislature may provide, in addition to the expenditure of interest and earnings authorized by this section, that a portion, not to exceed 50 percent, may be expended during subsequent state fiscal years for the purposes of this section.
(5) Not less than 25 percent of the money made available for expenditure from the trust fund from any state fiscal year shall be expended for acquisition of land and rights in land for recreational uses or protection of the land because of its environmental importance or its scenic beauty, and not less than 25 percent of the money made available for expenditure from the trust fund from any state fiscal year shall be expended for development, renovation, and redevelopment of public recreation facilities.
(6) The legislature shall provide by law for the establishment of a trust fund board within the department of natural resources. The trust fund board shall recommend the projects to be funded. The board shall submit its recommendations to the governor who shall submit the board’s recommendations to the legislature in an appropriations bill.
(7) The legislature shall provide by law for the implementation of this section.
Art. IX §35a | MICHIGAN STATE PARKS ENDOWMENT FUND
(2) The accumulated principal of the endowment fund shall not exceed $800,000,000.00, which amount shall be annually adjusted pursuant to the rate of inflation beginning when the endowment fund reaches $800,000,000.00. This annually adjusted figure is the accumulated principal limit of the endowment fund.
(3) Money available for expenditure from the endowment fund as provided in this section shall be expended for all of the following:
(b) Operations and maintenance at Michigan State Parks.
(c) Acquisition of land or rights in land for Michigan State Parks.
(d) Administration of the endowment fund.
(5) Money in the endowment fund shall be expended as follows:
(b) Once the accumulated principal in the endowment fund reaches $800,000,000.00, only the interest and earnings of the endowment fund in excess of the amount necessary to maintain the endowment fund’s accumulated principal limit may be made available for expenditure.
(7) The legislature shall provide by law for implementation of this section.
Footnotes
Compiler’s Note:
This section was originally added to the Constitution by S.J.R. E as section 36, Eff. Dec. 24, 1994, but was compiled as § 36[1] to distinguish it from another section 36 added to Article 9, Eff. Apr. 30, 1994, which pertained to a tax on tobacco products. When this section (§ 36[1]) was amended by S.J.R. T, Eff. Sept. 21, 2002, it was renumbered as section 35a.Art. IX §36 | TAX ON TOBACCO PRODUCTS; DEDICATION OF PROCEEDS
Art. IX §37 | MICHIGAN VETERANS' TRUST FUND
All money in the fund established by 1946 (1st Ex Sess) PA 9 shall be transferred to the Michigan veterans’ trust fund. The trust fund may additionally receive appropriations, money, or other things of value. The state treasurer shall direct investment of the fund as provided by law, and credit interest and earnings of the fund to the fund. Except for the state treasurer’s actions authorized under this section, an expenditure or transfer of a trust fund asset, interest, or earnings may be made only upon the authorization of a majority of the members of the Michigan veterans’ trust fund board of trustees.
Art. IX §38 | MICHIGAN VETERANS' TRUST FUND BOARD OF TRUSTEES; ESTABLISHMENT
Art. IX §39 | MICHIGAN VETERANS' TRUST FUND BOARD OF TRUSTEES; ADMINISTRATION OF TRUST FUND
Art. IX §40 | MICHIGAN CONSERVATION AND RECREATION LEGACY FUND
The forest recreation account is established as an account within the legacy fund. The forest recreation account shall consist of revenue derived from concessions, leases, contracts, and fees from recreational activities on state forestlands and other revenues as authorized by law. Money in the forest recreation account shall be expended only for the following:
(b) Grants to state colleges and universities to implement programs funded by the forest recreation account.
(c) The administration of the forest recreation account. The game and fish protection account is established as an account within the legacy fund. The game and fish protection account shall consist of revenue derived from hunting and fishing licenses, passbooks, permits, fees, concessions, leases, contracts, and activities; damages paid for the illegal taking of game and fish; revenue derived from fees, licenses, and permits related to game, game areas, and game fish; and other revenues as authorized by law. Money in the game and fish protection account shall be expended only for the following:
(b) The acquisition of land and rights in land that support wildlife and fisheries programs.
(d) The enforcement and administration of the wildlife and fisheries laws of the state, including the necessary equipment and apparatus incident to the operation and enforcement of wildlife and fisheries laws.
(e) The protection, propagation, distribution, and control of wildlife and fish.
(f) Grants to state colleges and universities to implement programs funded by the game and fish protection account.
(g) The administration of the game and fish protection account, which may include payments in lieu of taxes on state owned land that has been or will be purchased through the game and fish protection fund or account.
The off-road vehicle account is established as an account within the legacy fund. The offroad vehicle account shall consist of revenue derived from fees imposed upon the use or registration of off-road vehicles and other revenues as authorized by law. Money in the off-road vehicle account shall be expended only for the following:
(b) The administration and enforcement of state regulations related to off-road vehicles.
(c) The leasing of land for use by off-road vehicles.
(d) The acquisition of easements, permits, or other agreements for the use of land for off-road vehicle trails, routes, or areas.
(e) The restoration of any of the natural resources of the state on public land that are damaged due to off-road vehicle use.
(f) Safety education programs related to the operation of off-road vehicles.
(g) Other uses as provided by law as long as the uses are consistent with the development, improvement, operation, promotion, and maintenance of the state’s off-road vehicle programs.
(i) The administration of the off-road vehicle account.
The recreation improvement account is established as an account within the legacy fund.
The recreation improvement account shall consist of all tax revenue derived from the sale of two percent of the gasoline sold in this state for consumption in internal combustion engines and other revenues as authorized by law. Money in the recreation improvement account shall be distributed as follows:
(b) Fourteen percent of the money shall be annually transferred to the snowmobile account to be used for the purposes of that account.
(c) The remainder of the money that is not transferred under this section shall be used, upon appropriation, for recreation projects, including grants to state colleges and universities to implement recreation projects, and for the administration of the recreation improvement account. Of the amount that is credited to recreational projects in a fiscal year, not less than twenty-five percent of any funds designated for projects intended for off-road vehicles shall be expended on projects to repair damages as a result of pollution, impairment, or destruction of air, water, or other natural resources, or the public trust, in air, water, or other natural resources, as a result of the use of off-road vehicles.
(b) Providing access to trails and areas for the use of snowmobiles.
(c) Providing basic snowmobile facilities.
(d) The administration and enforcement of state regulations related to snowmobiles.
(e) Safety education programs related to the operation of snowmobiles. Other uses as provided by law as long as the uses are consistent with the development, improvement, operation, promotion, and maintenance of the state’s snowmobile programs.
(g) Grants to state colleges and universities to implement programs funded by the snowmobile account.
(h) The administration of the snowmobile account, which may include payments in lieu of taxes on state owned land that has been or will be purchased through the recreational snowmobile trail improvement fund or snowmobile account.
The state park improvement account shall consist of revenue derived from concessions, leases, contracts, fees, and permits for activities in state parks and recreation areas; damages paid to the state for illegal activities in state parks and recreation areas; and other revenues as authorized by law. Money in the state park improvement account shall be expended only for the following:
(b) Grants to state colleges and universities to implement programs funded by the state park improvement account.
(c) The administration of the state park improvement account.
(b) The acquisition of property for the purpose of paragraph (a).
(c) Grants to local units of government and state colleges and universities for the provision of public access or moorage of watercraft and law enforcement or boating education to recreational watercraft operators.
(d) The acquisition and development of harbors and public access sites.
(e) The enforcement of laws related to the operation of watercraft and education related to the operation of watercraft. Not less than forty-nine percent of revenues from watercraft registration fees received by the waterways account shall be used for the purposes of this subdivision.
(f) The administration of programs funded by the waterways account.
(g) Other uses as provided by law as long as the uses are consistent with the development, improvement, operation, promotion, and maintenance of the state’s waterways programs.
(h) The administration of the waterways account, which may include payments in lieu of taxes on state owned land that has been or will be purchased through the Michigan state waterways fund or waterways account.
Art. IX §41 | MICHIGAN GAME AND FISH PROTECTION TRUST FUND
The Michigan game and fish protection trust fund may also receive gifts, grants, bequests, or assets from any source and may receive other revenues as authorized by law.
The assets of the Michigan game and fish protection trust fund shall be invested as provided by law. The interest and earnings from these investments shall be credited to the Michigan game and fish protection trust fund.
The accumulated interest and earnings of the Michigan game and fish protection trust fund and not more than $6,000,000.00 of the principal of the Michigan game and fish protection trust fund may be expended in any year for the purposes of the game and fish protection account of the Michigan conservation and recreation legacy fund established in section 40.
The legislature shall provide by law for the implementation of this section.
Art. IX §42 | MICHIGAN NONGAME FISH AND WILDLIFE TRUST FUND
The Michigan nongame fish and wildlife trust fund may also receive gifts, grants, bequests, or assets from any source and may receive other revenues as authorized by law.
The assets of the Michigan nongame fish and wildlife trust fund shall be invested as provided by law. The interest and earnings from these investments shall be credited to the Michigan nongame fish and wildlife trust fund.
The Michigan nongame fish and wildlife trust fund shall maintain a principal balance of not less than $6,000,000.00.
The interest and earnings of the Michigan nongame fish and wildlife trust fund and other revenues not retained on a permanent basis shall be expended only for the following:
(b) Grants to state colleges and universities to implement programs funded by the Michigan nongame fish and wildlife trust fund.
(c) The administration of the Michigan nongame fish and wildlife trust fund.
Article X
Property
Art. X §1 | DISABILITIES OF COVERTURE ABOLISHED; SEPARATE PROPERTY OF WIFE; DOWER
Art. X §2 | EMINENT DOMAIN; COMPENSATION
“Public use” does not include the taking of private property for transfer to a private entity for the purpose of economic development or enhancement of tax revenues. Private property otherwise may be taken for reasons of public use as that term is understood on the effective date of the amendment to this constitution that added this paragraph.
In a condemnation action, the burden of proof is on the condemning authority to demonstrate, by the preponderance of the evidence, that the taking of a private property is for a public use, unless the condemnation action involves a taking for the eradication of blight, in which case the burden of proof is on the condemning authority to demonstrate, by clear and convincing evidence, that the taking of that property is for a public use.
Any existing right, grant, or benefit afforded to property owners as of November 1, 2005, whether provided by this section, by statute, or otherwise, shall be preserved and shall not be abrogated or impaired by the constitutional amendment that added this paragraph.
Art. X §3 | HOMESTEAD AND PERSONALTY, EXEMPTION FROM PROCESS
Art. X §4 | ESCHEATS
Art. X §5 | STATE LANDS
State land reserve.
The legislature by an act adopted by two-thirds of the members elected to and serving in each house may designate any part of such lands as a state land reserve. No lands in the state land reserve may be removed from the reserve, sold, leased or otherwise disposed of except by an act of the legislature.Art. X §6 | RESIDENT ALIENS, PROPERTY RIGHTS
Article XI
Public Officers And Employment
Art. XI §1 | OATH OF PUBLIC OFFICERS
I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of . . . . . . . . . . . . . . . . . . according to the best of my ability.No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust.
Art. XI §2 | TERMS OF OFFICE OF STATE AND COUNTY OFFICERS
Art. XI §3 | EXTRA COMPENSATION
Art. XI §4 | CUSTODIAN OF PUBLIC MONEYS; ELIGIBILITY TO OFFICE, ACCOUNTING
Art. XI §5 | CLASSIFIED STATE CIVIL SERVICE; SCOPE; EXEMPTED POSITIONS; APPOINTMENT AND TERMS OF MEMBERS OF STATE CIVIL SERVICE COMMISSION; STATE PERSONNEL DIRECTOR; DUTIES OF COMMISSION; COLLECTIVE BARGAINING FOR STATE POLICE TROOPERS AND SERGEANTS; APPOINTMENTS, PROMOTIONS, DEMOTIONS, OR REMOVALS; INCREASES OR REDUCTIONS IN COMPENSATION; CREATING OR ABOLISHING POSITIONS; RECOMMENDING COMPENSATION FOR UNCLASSIFIED SERVICE; APPROPRIATION; REPORTS OF EXPENDITURES; ANNUAL AUDIT; PAYMENT FOR PERSONAL SERVICES; VIOLATION; INJUNCTIVE OR MANDAMUS PROCEEDINGS
The civil service commission shall be non-salaried and shall consist of four persons, not more than two of whom shall be members of the same political party, appointed by the governor for terms of eight years, no two of which shall expire in the same year.
The administration of the commission’s powers shall be vested in a state personnel director who shall be a member of the classified service and who shall be responsible to and selected by the commission after open competitive examination.
The commission shall classify all positions in the classified service according to their respective duties and responsibilities, fix rates of compensation for all classes of positions, approve or disapprove disbursements for all personal services, determine by competitive examination and performance exclusively on the basis of merit, efficiency and fitness the qualifications of all candidates for positions in the classified service, make rules and regulations covering all personnel transactions, and regulate all conditions of employment in the classified service.
State Police Troopers and Sergeants shall, through their elected representative designated by 50% of such troopers and sergeants, have the right to bargain collectively with their employer concerning conditions of their employment, compensation, hours, working conditions, retirement, pensions, and other aspects of employment except promotions which will be determined by competitive examination and performance on the basis of merit, efficiency and fitness; and they shall have the right 30 days after commencement of such bargaining to submit any unresolved disputes to binding arbitration for the resolution thereof the same as now provided by law for Public Police and Fire Departments.
No person shall be appointed to or promoted in the classified service who has not been certified by the commission as qualified for such appointment or promotion. No appointments, promotions, demotions or removals in the classified service shall be made for religious, racial or partisan considerations.
Increases in rates of compensation authorized by the commission may be effective only at the start of a fiscal year and shall require prior notice to the governor, who shall transmit such increases to the legislature as part of his budget. The legislature may, by a majority vote of the members elected to and serving in each house, waive the notice and permit increases in rates of compensation to be effective at a time other than the start of a fiscal year. Within 60 calendar days following such transmission, the legislature may, by a two-thirds vote of the members elected to and serving in each house, reject or reduce increases in rates of compensation authorized by the commission. Any reduction ordered by the legislature shall apply uniformly to all classes of employees affected by the increases and shall not adjust pay differentials already established by the civil service commission. The legislature may not reduce rates of compensation below those in effect at the time of the transmission of increases authorized by the commission.
The appointing authorities may create or abolish positions for reasons of administrative efficiency without the approval of the commission. Positions shall not be created nor abolished except for reasons of administrative efficiency. Any employee considering himself aggrieved by the abolition or creation of a position shall have a right of appeal to the commission through established grievance procedures.
The civil service commission shall recommend to the governor and to the legislature rates of compensation for all appointed positions within the executive department not a part of the classified service.
To enable the commission to exercise its powers, the legislature shall appropriate to the commission for the ensuing fiscal year a sum not less than one percent of the aggregate payroll of the classified service for the preceding fiscal year, as certified by the commission. Within six months after the conclusion of each fiscal year the commission shall return to the state treasury all moneys unexpended for that fiscal year.
The commission shall furnish reports of expenditures, at least annually, to the governor and the legislature and shall be subject to annual audit as provided by law.
No payment for personal services shall be made or authorized until the provisions of this constitution pertaining to civil service have been complied with in every particular. Violation of any of the provisions hereof may be restrained or observance compelled by injunctive or mandamus proceedings brought by any citizen of the state.
Art. XI §6 | MERIT SYSTEMS FOR LOCAL GOVERNMENTS
Art. XI §7 | IMPEACHMENT OF CIVIL OFFICERS
Prosecution by 3 members of house of representatives.
When an impeachment is directed, the house of representatives shall elect three of its members to prosecute the impeachment.Trial by senate; oath, presiding officer.
Every impeachment shall be tried by the senate immediately after the final adjournment of the legislature. The senators shall take an oath or affirmation truly and impartially to try and determine the impeachment according to the evidence. When the governor or lieutenant governor is tried, the chief justice of the supreme court shall preside.Conviction; vote, penalty.
No person shall be convicted without the concurrence of two-thirds of the senators elected and serving. Judgment in case of conviction shall not extend further than removal from office, but the person convicted shall be liable to punishment according to law.Judicial officers, functions after impeachment.
No judicial officer shall exercise any of the functions of his office after an impeachment is directed until he is acquitted.Art. XI §8 | CONVICTIONS FOR CERTAIN FELONIES; ELIGIBILITY FOR ELECTIVE OFFICE OR CERTAIN POSITIONS OF PUBLIC EMPLOYMENT
The legislature shall prescribe by law for the implementation of this section.
Article XII
Amendment And Revision
Art. XII §1 | AMENDMENT BY LEGISLATIVE PROPOSAL AND VOTE OF ELECTORS
Art. XII §2 | AMENDMENT BY PETITION AND VOTE OF ELECTORS
Submission of proposal; publication.
Any amendment proposed by such petition shall be submitted, not less than 120 days after it was filed, to the electors at the next general election. Such proposed amendment, existing provisions of the constitution which would be altered or abrogated thereby, and the question as it shall appear on the ballot shall be published in full as provided by law. Copies of such publication shall be posted in each polling place and furnished to news media as provided by law.Ballot, statement of purpose.
The ballot to be used in such election shall contain a statement of the purpose of the proposed amendment, expressed in not more than 100 words, exclusive of caption. Such statement of purpose and caption shall be prepared by the person authorized by law, and shall consist of a true and impartial statement of the purpose of the amendment in such language as shall create no prejudice for or against the proposed amendment.Approval of proposal, effective date; conflicting amendments.
If the proposed amendment is approved by a majority of the electors voting on the question, it shall become part of the constitution, and shall abrogate or amend existing provisions of the constitution at the end of 45 days after the date of the election at which it was approved. If two or more amendments approved by the electors at the same election conflict, that amendment receiving the highest affirmative vote shall prevail.Art. XII §3 | GENERAL REVISION OF CONSTITUTION; SUBMISSION OF QUESTION, CONVENTION DELEGATES AND MEETING
Convention officers, rules, membership, personnel, publications.
The convention shall choose its own officers, determine the rules of its proceedings and judge the qualifications, elections and returns of its members. To fill a vacancy in the office of any delegate, the governor shall appoint a qualified resident of the same district who shall be a member of the same party as the delegate vacating the office. The convention shall have power to appoint such officers, employees and assistants as it deems necessary and to fix their compensation; to provide for the printing and distribution of its documents, journals and proceedings; to explain and disseminate information about the proposed constitution and to complete the business of the convention in an orderly manner. Each delegate shall receive for his services compensation provided by law.Submission of proposed constitution or amendment.
No proposed constitution or amendment adopted by such convention shall be submitted to the electors for approval as hereinafter provided unless by the assent of a majority of all the delegates elected to and serving in the convention, with the names and vote of those voting entered in the journal. Any proposed constitution or amendments adopted by such convention shall be submitted to the qualified electors in the manner and at the time provided by such convention not less than 90 days after final adjournment of the convention. Upon the approval of such constitution or amendments by a majority of the qualified electors voting thereon the constitution or amendments shall take effect as provided by the convention.Art. XII §4 | SEVERABILITY
Schedule And Temporary Provisions
Sch. §0 | NOTE
Sch. §1 | RECOMMENDATIONS BY ATTORNEY GENERAL FOR CHANGES IN LAWS
Sch. §2 | EXISTING PUBLIC AND PRIVATE RIGHTS, CONTINUANCE
Sch. §3 | OFFICERS, CONTINUANCE IN OFFICE
Terms of office.
No provision of this constitution, or of law or of executive order authorized by this constitution shall shorten the term of any person elected to state office at a statewide election on or prior to the date on which this constitution is submitted to a vote. In the event the duties of any such officers shall not have been abolished or incorporated into one or more of the principal departments at the expiration of his term, such officer shall continue to serve until his duties are so incorporated or abolished.Sch. §4 | OFFICERS ELECTED IN SPRING OF 1963, TERM
Sch. §5 | STATE ELECTIVE EXECUTIVE OFFICERS AND SENATORS, 2 AND 4 YEAR TERMS
Sch. §6 | SUPREME COURT, REDUCTION TO 7 JUSTICES
Sch. §7 | JUDGES OF PROBATE, ELIGIBILITY FOR RE-ELECTION
Sch. §8 | JUDICIAL OFFICERS, STAGGERED TERMS
Sch. §9 | STATE BOARD OF EDUCATION; FIRST ELECTION, TERMS
Abolition of existing state board of education.
The state board of education provided for in the constitution of 1908 is abolished at twelve o’clock noon January 1 of the year following the first general election under this constitution and the terms of members thereof shall then expire.Sch. §10 | BOARDS CONTROLLING HIGHER EDUCATION INSTITUTIONS AND STATE BOARD OF PUBLIC COMMUNITY AND JUNIOR COLLEGES, TERMS
Sch. §11 | MICHIGAN STATE UNIVERSITY TRUSTEES AND WAYNE STATE UNIVERSITY GOVERNORS, TERMS
Sch. §12 | INITIAL ALLOCATION OF DEPARTMENTS BY LAW OR EXECUTIVE ORDER
If such allocation shall not have been completed within such period, the governor, within one year thereafter, by executive order, shall make the initial allocation.
Sch. §13 | STATE CONTRACTS, CONTINUANCE
Korean service bonus bonds, appropriation.
For the retirement of notes and bonds issued under Section 26 of Article X of the 1908 constitution, there is hereby appropriated from the general fund each year during their life a sum equal to the amount of principal and interest payments due and payable in each year.Sch. §14 | MACKINAC BRIDGE AUTHORITY; REFUNDING OF BONDS, TRANSFER OF FUNCTIONS TO HIGHWAY DEPARTMENT
Sch. §15 | SUBMISSION OF CONSTITUTION; TIME, NOTICE
Sch. §16 | VOTERS, BALLOTS, EFFECTIVE DATE
Shall the revised constitution be adopted?All votes cast at the election shall be taken, counted, canvassed and returned as provided by law for the election of state officers. If the revised constitution so submitted receives more votes in its favor than were cast against it, it shall be the supreme law of the state on and after the first day of January of the year following its adoption.( ) Yes.( ) No.
ADOPTION BY THE CONSTITUTIONAL CONVENTION
Stephen S. Nisbet, President
Fred I. Chase, Secretary
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