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MICHIGAN
CONSTITUTION OF THE
STATE OF MICHIGAN
PREAMBLE
Preamble.
We, the people
of the State of Michigan, grateful to Almighty God for the blessings of
freedom, and earnestly desiring to secure these blessings undiminished
to ourselves and our posterity, do ordain and establish this
constitution.
MCL Const.1.1.L1
CONSTITUTION OF MICHIGAN OF 1963
(Art. 1,
Declaration of Rights)
ARTICLE I
DECLARATION OF RIGHTS
MCL Const.1.1
§ 1
Political power.
Sec. 1. All
political power is inherent in the people. Government is instituted for
their equal benefit, security and protection.
History:
Const. 1963, Art. I, § 1, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 1.
MCL Const.1.2
§ 2 Equal
protection; discrimination.
Sec. 2. No
person shall be denied the equal protection of the laws; nor shall any
person be denied the enjoyment of his civil or political rights or be
discriminated against in the exercise thereof because of religion, race,
color or national origin. The legislature shall implement this section
by appropriate legislation.
History:
Const. 1963, Art. I, § 2, Eff. Jan. 1, 1964.
MCL Const.1.3
§ 3
Assembly, consultation, instruction, petition.
Sec. 3. The
people have the right peaceably to assemble, to consult for the common
good, to instruct their representatives and to petition the government
for redress of grievances.
History:
Const. 1963, Art. I, § 3, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 2.
MCL Const.1.4
§ 4 Freedom
of worship and religious belief; appropriations.
Sec. 4. Every
person shall be at liberty to worship God according to the dictates of
his own conscience. No person shall be compelled to attend, or, against
his consent, to contribute to the erection or support of any place of
religious worship, or to pay tithes, taxes or other rates for the
support of any minister of the gospel or teacher of religion. No money
shall be appropriated or drawn from the treasury for the benefit of any
religious sect or society, theological or religious seminary; nor shall
property belonging to the state be appropriated for any such purpose.
The civil and political rights, privileges and capacities of no person
shall be diminished or enlarged on account of his religious belief.
History:
Const. 1963, Art. I, § 4, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 3.
MCL Const.1.5
§ 5 Freedom
of speech and of press.
Sec. 5. Every
person may freely speak, write, express and publish his views on all
subjects, being responsible for the abuse of such right; and no law
shall be enacted to restrain or abridge the liberty of speech or of the
press.
History:
Const. 1963, Art. I, § 5, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 4.
MCL Const.1.6
§ 6 Bearing
of arms.
Sec. 6. Every
person has a right to keep and bear arms for the defense of himself and
the state.
History:
Const. 1963, Art. I, § 6, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 5.
MCL Const.1.7
§ 7 Military
power subordinate to civil power.
Sec. 7. The
military shall in all cases and at all times be in strict subordination
to the civil power.
History:
Const. 1963, Art. I, § 7, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 6.
MCL Const.1.8
§ 8
Quartering of soldiers.
Sec. 8. No
soldier shall, in time of peace, be quartered in any house without the
consent of the owner or occupant, nor in time of war, except in a manner
prescribed by law.
History:
Const. 1963, Art. I, § 8, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 7.
MCL Const.1.9
§ 9 Slavery
and involuntary servitude.
Sec. 9. Neither
slavery, nor involuntary servitude unless for the punishment of crime,
shall ever be tolerated in this state.
History:
Const. 1963, Art. I, § 9, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 8.
MCL Const.1.10
§ 10
Attainder; ex post facto laws; impairment of contracts.
Sec. 10. No
bill of attainder, ex post facto law or law impairing the obligation of
contract shall be enacted.
History:
Const. 1963, Art. I, § 10, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 9.
MCL Const.1.11
§ 11
Searches and seizures.
Sec. 11. The
person, houses, papers and possessions of every person shall be secure
from unreasonable searches and seizures. No warrant to search any place
or to seize any person or things shall issue without describing them,
nor without probable cause, supported by oath or affirmation. The
provisions of this section shall not be construed to bar from evidence
in any criminal proceeding any narcotic drug, firearm, bomb, explosive
or any other dangerous weapon, seized by a peace officer outside the
curtilage of any dwelling house in this state.
History:
Const. 1963, Art. I, § 11, Eff. Jan. 1, 1964.
Constitutionality: The last sentence of this section was held
invalid as in conflict with U.S. Const., Amend. IV. Lucas v. People, 420
F.2d 259 (C.A. Mich. 1970); Caver v. Kropp, 306 F.Supp. 1329 (D.C. Mich.
1969); People v. Pennington, 383 Mich. 611, 178 N.W. 2d 460 (1970);
People v. Andrews, 21 Mich. App. 731, 176 N.W. 2d 460 (1970).
Former Constitution: See Const. 1908, Art. II, § 10.
MCL Const.1.12
§ 12 Habeas
corpus.
Sec. 12. The
privilege of the writ of habeas corpus shall not be suspended unless in
case of rebellion or invasion the public safety may require it.
History:
Const. 1963, Art. I, § 12, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 11.
MCL Const.1.13
§ 13 Conduct
of suits in person or by counsel.
Sec. 13. A
suitor in any court of this state has the right to prosecute or defend
his suit, either in his own proper person or by an attorney.
History:
Const. 1963, Art. I, § 13, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 12.
MCL Const.1.14
§ 14 Jury
trials.
Sec. 14. The
right of trial by jury shall remain, but shall be waived in all civil
cases unless demanded by one of the parties in the manner prescribed by
law. In all civil cases tried by 12 jurors a verdict shall be received
when 10 jurors agree.
History:
Const. 1963, Art. I, § 14, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 13.
MCL Const.1.15
§ 15 Double
jeopardy; bailable offenses; commencement of trial if bail denied; bail
hearing; effective date.
Sec. 15. No
person shall be subject for the same offense to be twice put in
jeopardy. All persons shall, before conviction, be bailable by
sufficient sureties, except that bail may be denied for the following
persons when the proof is evident or the presumption great:
(a) A person
who, within the 15 years immediately preceding a motion for bail pending
the disposition of an indictment for a violent felony or of an
arraignment on a warrant charging a violent felony, has been convicted
of 2 or more violent felonies under the laws of this state or under
substantially similar laws of the United States or another state, or a
combination thereof, only if the prior felony convictions arose out of
at least 2 separate incidents, events, or transactions.
(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.
If a person is
denied admission to bail under this section, the trial of the person
shall be commenced not more than 90 days after the date on which
admission to bail is denied. If the trial is not commenced within 90
days after the date on which admission to bail is denied and the delay
is not attributable to the defense, the court shall immediately schedule
a bail hearing and shall set the amount of bail for the person.
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.
History:
Const. 1963, Art. I, § 15, Eff. Jan. 1, 1964;--Am. H.J.R. Q, approved
Nov. 7, 1978, Eff. May 1, 1979.
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).
Former Constitution: See Const. 1908, Art. II, § 14.
MCL Const.1.16
§ 16 Bail;
fines; punishments; detention of witnesses.
Sec. 16.
Excessive bail shall not be required; excessive fines shall not be
imposed; cruel or unusual punishment shall not be inflicted; nor shall
witnesses be unreasonably detained.
History:
Const. 1963, Art. I, § 16, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 15.
MCL Const.1.17
§ 17
Self-incrimination; due process of law; fair treatment at
investigations.
Sec. 17. No
person shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty or property, without due
process of law. The right of all individuals, firms, corporations and
voluntary associations to fair and just treatment in the course of
legislative and executive investigations and hearings shall not be
infringed.
History:
Const. 1963, Art. I, § 17, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 16.
MCL Const.1.18
§ 18
Witnesses; competency, religious beliefs.
Sec. 18. No
person shall be rendered incompetent to be a witness on account of his
opinions on matters of religious belief.
History:
Const. 1963, Art. I, § 18, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 17.
MCL Const.1.19
§ 19 Libels,
truth as defense.
Sec. 19. In all
prosecutions for libels the truth may be given in evidence to the jury;
and, if it appears to the jury that the matter charged as libelous is
true and was published with good motives and for justifiable ends, the
accused shall be acquitted.
History:
Const. 1963, Art. I, § 19, Eff. Jan 1. 1964.
Former Constitution: See Const. 1908, Art. II, § 18.
MCL Const.1.20
§ 20 Rights
of accused in criminal proceedings.
Sec. 20. In
every criminal prosecution, the accused shall have the right to a speedy
and public trial by an impartial jury, which may consist of less than 12
jurors in prosecutions for misdemeanors punishable by imprisonment for
not more than 1 year; to be informed of the nature of the accusation; to
be confronted with the witnesses against him or her; to have compulsory
process for obtaining witnesses in his or her favor; to have the
assistance of counsel for his or her defense; to have an appeal as a
matter of right, except as provided by law an appeal by an accused who
pleads guilty or nolo contendere shall be by leave of the court; and as
provided by law, when the trial court so orders, to have such reasonable
assistance as may be necessary to perfect and prosecute an appeal.
History:
Const. 1963, Art. I, § 20, Eff. Jan. 1, 1964;--Am. H.J.R. M, approved
Aug. 8, 1972, Eff. Sept. 23, 1972;--Am. S.J.R. D, approved Nov. 8, 1994,
Eff. Dec. 24, 1994.
Former Constitution: See Const. 1908, Art. II, § 19.
MCL Const.1.21
§ 21
Imprisonment for debt.
Sec. 21. No
person shall be imprisoned for debt arising out of or founded on
contract, express or implied, except in cases of fraud or breach of
trust.
History:
Const. 1963, Art. I, § 21, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 20.
MCL Const.1.22
§ 22
Treason; definition, evidence.
Sec. 22.
Treason against the state shall consist only in levying war against it
or in adhering to its enemies, giving them aid and comfort. No person
shall be convicted of treason unless upon the testimony of two witnesses
to the same overt act or on confession in open court.
History:
Const. 1963, Art. I, § 22, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. II, § 21.
MCL Const.1.23
§ 23
Enumeration of rights not to deny others.
Sec. 23. The
enumeration in this constitution of certain rights shall not be
construed to deny or disparage others retained by the people.
History:
Const. 1963, Art. I, § 23, Eff. Jan. 1, 1964.
MCL Const.1.24
§ 24 Rights
of crime victims; enforcement; assessment against convicted defendants.
Sec. 24. (1)
Crime victims, as defined by law, shall have the following rights, as
provided by law:
The right to be
treated with fairness and respect for their dignity and privacy
throughout the criminal justice process.
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.
(2) The
legislature may provide by law for the enforcement of this section.
(3) The
legislature may provide for an assessment against convicted defendants
to pay for crime victims' rights.
History:
Add. H.J.R. P, approved Nov. 8, 1988, Eff. Dec. 24, 1988.
MCL Const.2.1.L1
CONSTITUTION OF MICHIGAN OF 1963
(Art. 2, Elections)
ARTICLE II
ELECTIONS
MCL Const.2.1
§ 1
Qualifications of electors; residence.
Sec. 1. Every
citizen of the United States who has attained the age of 21 years, who
has resided in this state six months, and who meets the requirements of
local residence provided by law, shall be an elector and qualified to
vote in any election except as otherwise provided in this constitution.
The legislature shall define residence for voting purposes.
History:
Const. 1963, Art. II, §1, Eff. Jan. 1, 1964.
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."
Former Constitution: See Const. 1908, Art. III, SS 1-3.
MCL Const.2.2
§ 2
Mental incompetence; imprisonment.
Sec. 2. The
legislature may by law exclude persons from voting because of mental
incompetence or commitment to a jail or penal institution.
History:
Const. 1963, Art. II, §2, Eff. Jan. 1, 1964.
MCL Const.2.3
§ 3
Presidential electors; residence.
Sec. 3. For
purposes of voting in the election for president and vice-president of
the United States only, the legislature may by law establish lesser
residence requirements for citizens who have resided in this state for
less than six months and may waive residence requirements for former
citizens of this state who have removed herefrom. The legislature shall
not permit voting by any person who meets the voting residence
requirements of the state to which he has removed.
History:
Const. 1963, Art. II, §3, Eff. Jan. 1, 1964.
MCL Const.2.4
§ 4 Place
and manner of elections.
Sec. 4. The
legislature shall enact laws to regulate the time, place and manner of
all nominations and elections, except as otherwise provided in this
constitution or in the constitution and laws of the United States. The
legislature shall enact laws to preserve the purity of elections, to
preserve the secrecy of the ballot, to guard against abuses of the
elective franchise, and to provide for a system of voter registration
and absentee voting. No law shall be enacted which permits a candidate
in any partisan primary or partisan election to have a ballot
designation except when required for identification of candidates for
the same office who have the same or similar surnames.
History:
Const. 1963, Art. II, §4, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. III, SS 1, 8.
MCL Const.2.5
§ 5
Time of elections.
Sec. 5. Except for special elections to fill vacancies, or as otherwise
provided in this constitution, all elections for national, state, county
and township offices shall be held on the first Tuesday after the first
Monday in November in each even-numbered year or on such other date as
members of the congress of the United States are regularly elected.
History:
Const. 1963, Art. II, §5, Eff. Jan. 1, 1964.
MCL Const.2.6
§ 6
Voters on tax limit increases or bond issues. Sec. 6. Whenever any question is required to be submitted by a
political subdivision to the electors for the increase of the ad valorem
tax rate limitation imposed by Section 6 of Article IX for a period of
more than five years, or for the issue of bonds, only electors in, and
who have property assessed for any ad valorem taxes in, any part of the
district or territory to be affected by the result of such election or
electors who are the lawful husbands or wives of such persons shall be
entitled to vote thereon. All electors in the district or territory
affected may vote on all other questions.
History:
Const. 1963, Art. II, §6, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. III, §4.
MCL Const.2.7
§ 7
Boards of canvassers.
Sec. 7. 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.
History:
Const. 1963, Art. II, §7, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. III, §9.
Transfer of powers: See §16.128.
MCL Const.2.8
§ 8
Recalls.
Sec. 8. Laws
shall be enacted to provide for the recall of all elective officers
except judges of courts of record upon petition of electors equal in
number to 25 percent of the number of persons voting in the last
preceding election for the office of governor in the electoral district
of the officer sought to be recalled. The sufficiency of any statement
of reasons or grounds procedurally required shall be a political rather
than a judicial question.
History:
Const. 1963, Art. II, §8, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. III, §8.
MCL Const.2.9
§ 9
Initiative and referendum; limitations; appropriations; petitions.
Sec. 9. The
people reserve to themselves the power to propose laws and to enact and
reject laws, called the initiative, and the power to approve or reject
laws enacted by the legislature, called the referendum. The power of
initiative extends only to laws which the legislature may enact under
this constitution. The power of referendum does not extend to acts
making appropriations for state institutions or to meet deficiencies in
state funds and must be invoked in the manner prescribed by law within
90 days following the final adjournment of the legislative session at
which the law was enacted. To invoke the initiative or referendum,
petitions signed by a number of registered electors, not less than eight
percent for initiative and five percent for referendum of the total vote
cast for all candidates for governor at the last preceding general
election at which a governor was elected shall be required.
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.
History:
Const. 1963, Art. II, §9, Eff. Jan. 1, 1964.
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).
Former Constitution: See Const. 1908, Art. V, §1.
MCL Const.2.10
§ 10
Limitations on terms of office of members of the United States House of
Representatives and United States Senate from Michigan.
Sec. 10. No
person shall be elected to office as representative in the United States
House of Representatives more than three times during any twelve year
period. No person shall be elected to office as senator in the United
States Senate more than two times during any twenty-four year period.
Any person appointed or elected to fill a vacancy in the United States
House of Representatives or the United States Senate 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.
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.
History:
Add. Init. approved Nov. 3, 1992, Eff. Dec. 19, 1992.
Constitutionality: U.S. Supreme Court found that an amendment to
the Arkansas Constitution prohibiting the name of an otherwise-eligible
candidate for Congress from appearing on the ballot if that candidate
had already served 3 terms in the House of Representatives and 2 terms
in the Senate was in violation of the Federal Constitution. The Supreme
Court held that: "(1) states may not impose qualifications for offices
of the United States representative or United States senator in addition
to those set forth by the Constitution; (2) power to set additional
qualifications was not reserved to the states by the Tenth Amendment;
and (3) state provision is unconstitutional when it has likely effect of
handicapping a class of candidates and has sole purpose of creating
additional qualifications indirectly." U.S. Term Limits, Inc. v
Thornton, 115 § Ct 1842 (1995).
MCL Const.3.1.L1
CONSTITUTION OF MICHIGAN OF 1963
(Art. 3, General Government)
ARTICLE III
GENERAL GOVERNMENT
MCL Const.3.1
§ 1 Seat of
government.
Sec. 1. The
seat of government shall be at Lansing.
History:
Const. 1963, Art. III, §1, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. I, §2.
MCL Const.3.2
§ 2
Separation of powers of government.
Sec. 2.
The powers of government are divided into three branches; legislative,
executive and judicial. No person exercising powers of one branch shall
exercise powers properly belonging to another branch except as expressly
provided in this constitution.
History:
Const. 1963, Art. III, §2, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. IV, §2.
MCL Const.3.3
§ 3 Great
seal.
Sec. 3.
There shall be a great seal of the State of Michigan and its use shall
be provided by law.
History:
Const. 1963, Art. III, §3, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. VI, SS 11, 12.
MCL Const.3.4
§ 4 Militia.
Sec. 4.
The militia shall be organized, equipped and disciplined as provided by
law.
History:
Const. 1963, Art. III, §4, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. XV, SS 1-3.
MCL Const.3.5
§ 5
Intergovernmental agreements; service by public officers and employees.
Sec. 5. Subject
to provisions of general law, this state or any political subdivision
thereof, any governmental authority or any combination thereof may enter
into agreements for the performance, financing or execution of their
respective functions, with any one or more of the other states, the
United States, the Dominion of Canada, or any political subdivision
thereof unless otherwise provided in this constitution. Any other
provision of this constitution notwithstanding, an officer or employee
of the state or of any such unit of government or subdivision or agency
thereof 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. The
legislature may impose such restrictions, limitations or conditions on
such service as it may deem appropriate.
History:
Const. 1963, Art. III, §5, Eff. Jan. 1, 1964.
MCL Const.3.6
§ 6 Internal
improvements.
Sec. 6. The
state shall not be a party to, nor be financially interested in, any
work of internal improvement, nor engage in carrying on any such work,
except for public internal improvements provided by law.
History:
Const. 1963, Art. III, §6, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. X, §14.
MCL Const.3.7
§ 7 Common
law and statutes, continuance.
Sec. 7. The
common law and the statute laws now in force, not repugnant to this
constitution, shall remain in force until they expire by their own
limitations, or are changed, amended or repealed.
History:
Const. 1963, Art. III, §7, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Schedule, §1.
MCL Const.3.8
§ 8 Opinions
on constitutionality by supreme court.
Sec. 8. Either
house of the legislature or the governor may request the opinion of the
supreme court on important questions of law upon solemn occasions as to
the constitutionality of legislation after it has been enacted into law
but before its effective date.
History:
Const. 1963, Art. III, §8, Eff. Jan. 1, 1964.
MCL Const.4.1.L1
CONSTITUTION OF MICHIGAN OF 1963
(Art. IV, Legislative Branch)
ARTICLE IV
LEGISLATIVE BRANCH
MCL Const.4.1
§ 1
Legislative power.
Sec. 1. The
legislative power of the State of Michigan is vested in a senate and a
house of representatives.
History:
Const. 1963, Art. IV, §1, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §1.
MCL Const.4.2
§ 2
Senators, number, term.
Sec. 2. The
senate shall consist of 38 members to be elected from single member
districts at the same election as the governor for four-year terms
concurrent with the term of office of the governor.
Senatorial districts,
apportionment factors.
In districting
the state for the purpose of electing senators after the official
publication of the total population count of each federal decennial
census, each county shall be assigned apportionment factors equal to the
sum of its percentage of the state's population as shown by the last
regular federal decennial census computed to the nearest one-one
hundredth of one percent multiplied by four and its percentage of the
state's land area computed to the nearest one-one hundredth of one
percent.
Apportionment rules.
In arranging
the state into senatorial districts, the apportionment commission shall
be governed by the following rules:
(1) Counties
with 13 or more apportionment factors shall be entitled as a class to
senators in the proportion that the total apportionment factors of such
counties bear to the total apportionment factors of the state computed
to the nearest whole number. After each such county has been allocated
one senator, the remaining senators to which this class of counties is
entitled shall be distributed among such counties by the method of equal
proportions applied to the apportionment factors.
(2) Counties
having less than 13 apportionment factors shall be entitled as a class
to senators in the proportion that the total apportionment factors of
such counties bear to the total apportionment factors of the state
computed to the nearest whole number. Such counties shall thereafter be
arranged into senatorial districts that are compact, convenient, and
contiguous by land, as rectangular in shape as possible, and having as
nearly as possible 13 apportionment factors, but in no event less than
10 or more than 16. Insofar as possible, existing senatorial districts
at the time of reapportionment shall not be altered unless there is a
failure to comply with the above standards.
(3) Counties
entitled to two or more senators shall be divided into single member
districts. The population of such districts shall be as nearly equal as
possible but shall not be less than 75 percent nor more than 125 percent
of a number determined by dividing the population of the county by the
number of senators to which it is entitled. Each such district shall
follow incorporated city or township boundary lines to the extent
possible and shall be compact, contiguous, and as nearly uniform in
shape as possible.
History:
Const. 1963, Art. IV, §2, Eff. Jan. 1, 1964.
Constitutionality: The United States Supreme Court held in
Reynolds v Sims, 377 US 533; 84 §Ct 1362; 12 L Ed 2d 506 (1964) that
provisions establishing weighted land area-population formulae violate
the Equal Protection Clause of the United States Constitution. Because
the apportionment provisions of Art 4, SS 2 - 6 are interdependent and
not severable, the provisions are invalidated in their entirety and the
Commission on Legislative Apportionment cannot survive. In re
Apportionment of State Legislature--1982, 413 Mich 96; 321 NW 2d 565
(1982), rehearing denied 413 Mich 149; 321 NW 2d 585; stay denied 413
Mich 222; 321 NW 2d 615, appeal dismissed 103 §Ct 201, 459 US 900, 74 L
Ed 2d 161.
Former Constitution: See Const. 1908, Art. V, §2.
MCL Const.4.3
§ 3
Representatives, number, term; contiguity of districts.
Sec. 3. The
house of representatives shall consist of 110 members elected for
two-year terms from single member districts apportioned on a basis of
population as provided in this article. The districts shall consist of
compact and convenient territory contiguous by land.
Representative areas, single
and multiple county.
Each county
which has a population of not less than seven-tenths of one percent of
the population of the state shall constitute a separate representative
area. Each county having less than seven-tenths of one percent of the
population of the state shall be combined with another county or
counties to form a representative area of not less than seven-tenths of
one percent of the population of the state. Any county which is isolated
under the initial allocation as provided in this section shall be joined
with that contiguous representative area having the smallest percentage
of the state's population. Each such representative area shall be
entitled initially to one representative.
Apportionment of
representatives to areas.
After the
assignment of one representative to each of the representative areas,
the remaining house seats shall be apportioned among the representative
areas on the basis of population by the method of equal proportions.
Districting of single county
area entitled to 2 or more representatives.
Any county
comprising a representative area entitled to two or more representatives
shall be divided into single member representative districts as follows:
(1) The
population of such districts shall be as nearly equal as possible but
shall not be less than 75 percent nor more than 125 percent of a number
determined by dividing the population of the representative area by the
number of representatives to which it is entitled.
(2) Such single
member districts shall follow city and township boundaries where
applicable and shall be composed of compact and contiguous territory as
nearly square in shape as possible.
Districting of multiple
county representative areas.
Any
representative area consisting of more than one county, entitled to more
than one representative, shall be divided into single member districts
as equal as possible in population, adhering to county lines.
History:
Const. 1963, Art. IV, §3, Eff. Jan. 1, 1964.
Constitutionality: The United States Supreme Court held in
Reynolds v Sims, 377 US 533; 84 §Ct 1362; 12 L Ed 2d 506 (1964) that
provisions establishing weighted land area-population formulae violate
the Equal Protection Clause of the United States Constitution. Because
the apportionment provisions of Art 4, SS 2 - 6 are interdependent and
not severable, the provisions are invalidated in their entirety and the
Commission on Legislative Apportionment cannot survive. In re
Apportionment of State Legislature--1982, 413 Mich 96; 321 NW 2d 565
(1982), rehearing denied 413 Mich 149; 321 NW 2d 585; stay denied 413
Mich 222; 321 NW 2d 615, appeal dismissed 103 §Ct 201, 459 US 900, 74 L
Ed 2d 161.
Former Constitution: See Const. 1908, Art. V, §3.
MCL Const.4.4
§ 4
Annexation or merger with a city.
Sec. 4. In
counties having more than one representative or senatorial district, the
territory in the same county annexed to or merged with a city between
apportionments shall become a part of a contiguous representative or
senatorial district in the city with which it is combined, if provided
by ordinance of the city. The district or districts with which the
territory shall be combined shall be determined by such ordinance
certified to the secretary of state. No such change in the boundaries of
a representative or senatorial district shall have the effect of
removing a legislator from office during his term.
History:
Const. 1963, Art. IV, §4, Eff. Jan. 1, 1964.
Constitutionality: The United States Supreme Court held in
Reynolds v Sims, 377 US 533; 84 §Ct 1362; 12 L Ed 2d 506 (1964) that
provisions establishing weighted land area-population formulae violate
the Equal Protection Clause of the United States Constitution. Because
the apportionment provisions of Art 4, SS 2 - 6 are interdependent and
not severable, the provisions are invalidated in their entirety and the
Commission on Legislative Apportionment cannot survive. In re
Apportionment of State Legislature--1982, 413 Mich 96; 321 NW 2d 565
(1982), rehearing denied 413 Mich 149; 321 NW 2d 585; stay denied 413
Mich 222; 321 NW 2d 615, appeal dismissed 103 §Ct 201, 459 US 900, 74 L
Ed 2d 161.
MCL Const.4.5
§ 5 Island
areas, contiguity.
Sec. 5. Island
areas are considered to be contiguous by land to the county of which
they are a part.
History:
Const. 1963, Art. IV, §5, Eff. Jan. 1, 1964.
Constitutionality: The United States Supreme Court held in
Reynolds v Sims, 377 US 533; 84 §Ct 1362; 12 L Ed 2d 506 (1964) that
provisions establishing weighted land area-population formulae violate
the Equal Protection Clause of the United States Constitution. Because
the apportionment provisions of Art 4, SS 2 - 6 are interdependent and
not severable, the provisions are invalidated in their entirety and the
Commission on Legislative Apportionment cannot survive. In re
Apportionment of State Legislature--1982, 413 Mich 96; 321 NW 2d 565
(1982), rehearing denied 413 Mich 149; 321 NW 2d 585; stay denied 413
Mich 222; 321 NW 2d 615, appeal dismissed 103 §Ct 201, 459 US 900, 74 L
Ed 2d 161.
MCL Const.4.6
§ 6
Commission on legislative apportionment.
Sec. 6. A
commission on legislative apportionment is hereby established consisting
of eight electors, four of whom shall be selected by the state
organizations of each of the two political parties whose candidates for
governor received the highest vote at the last general election at which
a governor was elected preceding each apportionment. If a candidate for
governor of a third political party has received at such election more
than 25 percent of such gubernatorial vote, the commission shall consist
of 12 members, four of whom shall be selected by the state organization
of the third political party. One resident of each of the following four
regions shall be selected by each political party organization: (1) the
upper peninsula; (2) the northern part of the lower peninsula, north of
a line drawn along the northern boundaries of the counties of Bay,
Midland, Isabella, Mecosta, Newaygo and Oceana; (3) southwestern
Michigan, those counties south of region (2) and west of a line drawn
along the western boundaries of the counties of Bay, Saginaw,
Shiawassee, Ingham, Jackson and Hillsdale; (4) southeastern Michigan,
the remaining counties of the state.
Eligibility to membership.
No officers or
employees of the federal, state or local governments, excepting notaries
public and members of the armed forces reserve, shall be eligible for
membership on the commission. Members of the commission shall not be
eligible for election to the legislature until two years after the
apportionment in which they participated becomes effective.
Appointment, term, vacancies.
The commission
shall be appointed immediately after the adoption of this constitution
and whenever apportionment or districting of the legislature is required
by the provisions of this constitution. Members of the commission shall
hold office until each apportionment or districting plan becomes
effective. Vacancies shall be filled in the same manner as for original
appointment.
Officers, rules of procedure,
compensation, appropriation.
The secretary
of state shall be secretary of the commission without vote, and in that
capacity shall furnish, under the direction of the commission, all
necessary technical services. The commission shall elect its own
chairman, shall make its own rules of procedure, and shall receive
compensation provided by law. The legislature shall appropriate funds to
enable the commission to carry out its activities.
Call to convene;
apportionment; public hearings.
Within 30 days
after the adoption of this constitution, and after the official total
population count of each federal decennial census of the state and its
political subdivisions is available, the secretary of state shall issue
a call convening the commission not less than 30 nor more than 45 days
thereafter. The commission shall complete its work within 180 days after
all necessary census information is available. The commission shall
proceed to district and apportion the senate and house of
representatives according to the provisions of this constitution. All
final decisions shall require the concurrence of a majority of the
members of the commission. The commission shall hold public hearings as
may be provided by law.
Apportionment plan,
publication; record of proceedings.
Each final
apportionment and districting plan shall be published as provided by law
within 30 days from the date of its adoption and shall become law 60
days after publication. The secretary of state shall keep a public
record of all the proceedings of the commission and shall be responsible
for the publication and distribution of each plan.
Disagreement of commission;
submission of plans to supreme court.
If a majority
of the commission cannot agree on a plan, each member of the commission,
individually or jointly with other members, may submit a proposed plan
to the supreme court. The supreme court shall determine which plan
complies most accurately with the constitutional requirements and shall
direct that it be adopted by the commission and published as provided in
this section.
Jurisdiction of supreme court
on elector's application.
Upon the
application of any elector filed not later than 60 days after final
publication of the plan, the supreme court, in the exercise of original
jurisdiction, shall direct the secretary of state or the commission to
perform their duties, may review any final plan adopted by the
commission, and shall remand such plan to the commission for further
action if it fails to comply with the requirements of this constitution.
History:
Const. 1963, Art. IV, §6, Eff. Jan. 1, 1964.
Constitutionality: The United States Supreme Court held in
Reynolds v Sims, 377 US 533; 84 §Ct 1362; 12 L Ed 2d 506 (1964) that
provisions establishing weighted land area-population formulae violate
the Equal Protection Clause of the United States Constitution. Because
the apportionment provisions of Art 4, SS 2 - 6 are interdependent and
not severable, the provisions are invalidated in their entirety and the
Commission on Legislative Apportionment cannot survive. In re
Apportionment of State Legislature--1982, 413 Mich 96; 321 NW 2d 565
(1982), rehearing denied 413 Mich 149; 321 NW 2d 585; stay denied 413
Mich 222; 321 NW 2d 615, appeal dismissed 103 §Ct 201, 459 US 900, 74 L
Ed 2d 161.
Transfer of powers: See §l6.132.
MCL Const.4.7
§ 7
Legislators; qualifications, removal from district.
Sec. 7. Each
senator and representative must be a citizen of the United States, at
least 21 years of age, and an elector of the district he represents. The
removal of his domicile from the district shall be deemed a vacation of
the office. No person who has been convicted of subversion or who has
within the preceding 20 years been convicted of a felony involving a
breach of public trust shall be eligible for either house of the
legislature.
History:
Const. 1963, Art. IV, §7, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §5.
MCL Const.4.8
§ 8
Ineligibility of government officers and employees.
Sec. 8. No
person holding any office, employment or position under the United
States or this state or a political subdivision thereof, except notaries
public and members of the armed forces reserve, may be a member of
either house of the legislature.
History:
Const. 1963, Art. IV, §8, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §6.
MCL Const.4.9
§ 9 Civil
appointments, ineligibility of legislators.
Sec. 9. No
person elected to the legislature shall receive any civil appointment
within this state from the governor, except notaries public, from the
legislature, or from any other state authority, during the term for
which he is elected.
History:
Const. 1963, Art. IV, §9, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §7.
MCL Const.4.10
§ 10
Legislators and state officers, government contracts, conflict of
interest.
Sec. 10. No
member of the legislature nor any state officer shall be interested
directly or indirectly in any contract with the state or any political
subdivision thereof which shall cause a substantial conflict of
interest. The legislature shall further implement this provision by
appropriate legislation.
History:
Const. 1963, Art. IV, §10, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, SS 7, 25.
MCL Const.4.11
§ 11
Legislators privileged from civil arrest and civil process; limitation;
questioning for speech in either house prohibited.
Sec. 11. Except
as provided by law, senators and representatives shall be privileged
from civil arrest and civil process during sessions of the legislature
and for five days next before the commencement and after the termination
thereof. They shall not be questioned in any other place for any speech
in either house.
History:
Const. 1963, Art. IV, §11, Eff. Jan. 1, 1964;--Am. S.J.R. A, approved
Nov. 2, 1982, Eff. Dec. 18, 1982.
Former Constitution: See Const. 1908, Art. V, §8.
MCL Const.4.12
§ 12 State
officers compensation commission.
Sec. 12. The
state officers compensation commission is created which shall determine
the salaries and expense allowances of the members of the legislature,
the governor, the lieutenant governor and the justices of the supreme
court. The commission shall consist of 7 members appointed by the
governor. The commission shall determine the salaries and expense
allowances of the members of the legislature, the governor, the
lieutenant governor and the justices of the supreme court which
determinations shall be the salaries and expense allowances unless the
legislature by concurrent resolution adopted by 2/3 of the members
elected to and serving in each house of the legislature reject them. The
commission shall meet each 2 years for no more than 15 session days. The
legislature shall implement this section by law.
History:
Const. 1963, Art. IV, §12, Eff. Jan. 1, 1964;--Am. H.J.R. AAA, approved
Aug. 6, 1968, Eff. Sept. 21, 1968.
MCL Const.4.13
§ 13
Legislature; time of convening, sine die adjournment, measures carried
over.
Sec. 13. The
legislature shall meet at the seat of government on the second Wednesday
in January of each year at twelve o'clock noon. Each regular session
shall adjourn without day, on a day determined by concurrent resolution,
at twelve o'clock noon. Any business, bill or joint resolution pending
at the final adjournment of a regular session held in an odd numbered
year shall carry over with the same status to the next regular session.
History:
Const. 1963, Art. IV, §13, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §13.
MCL Const.4.14
§ 14 Quorum;
powers of less than quorum.
Sec. 14. A
majority of the members elected to and serving in each house shall
constitute a quorum to do business. A smaller number in each house may
adjourn from day to day, and may compel the attendance of absent members
in the manner and with penalties as each house may prescribe.
History:
Const. 1963, Art. IV, §14, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §14.
MCL Const.4.15
§ 15
Legislative council.
Sec. 15. There
shall be a bi-partisan legislative council consisting of legislators
appointed in the manner prescribed by law. The legislature shall
appropriate funds for the council's operations and provide for its staff
which shall maintain bill drafting, research and other services for the
members of the legislature. The council shall periodically examine and
recommend to the legislature revision of the various laws of the state.
History:
Const. 1963, Art. IV, §15, Eff. Jan. 1, 1964.
MCL Const.4.16
§ 16
Legislature; officers, rules of procedure, expulsion of members.
Sec. 16. Each
house, except as otherwise provided in this constitution, shall choose
its own officers and determine the rules of its proceedings, but shall
not adopt any rule that will prevent a majority of the members elected
thereto and serving therein from discharging a committee from the
further consideration of any measure. Each house shall be the sole judge
of the qualifications, elections and returns of its members, and may,
with the concurrence of two-thirds of all the members elected thereto
and serving therein, expel a member. The reasons for such expulsion
shall be entered in the journal, with the votes and names of the members
voting upon the question. No member shall be expelled a second time for
the same cause.
History:
Const. 1963, Art. IV, §16, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §15.
MCL Const.4.17
§ 17
Committees; record of votes, public inspection, notice of hearings.
Sec. 17. Each
house of the legislature may establish the committees necessary for the
efficient conduct of its business and the legislature may create joint
committees. On all actions on bills and resolutions in each committee,
names and votes of members shall be recorded. 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.
History:
Const. 1963, Art. IV, §17, Eff. Jan. 1, 1964.
MCL Const.4.18
§ 18 Journal
of proceedings; record of votes, dissents.
Sec. 18. Each
house shall keep a journal of its proceedings, and publish the same
unless the public security otherwise requires. The record of the vote
and name of the members of either house voting on any question shall be
entered in the journal at the request of one-fifth of the members
present. Any member of either house may dissent from and protest against
any act, proceeding or resolution which he deems injurious to any person
or the public, and have the reason for his dissent entered in the
journal.
History:
Const. 1963, Art. IV, §18, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §16.
MCL Const.4.19
§ 19 Record
of votes on elections and advice and consent.
Sec. 19. All
elections in either house or in joint convention and all votes on
appointments submitted to the senate for advice and consent shall be
published by vote and name in the journal.
History:
Const. 1963, Art. IV, §19, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §17.
MCL Const.4.20
§ 20 Open
meetings.
Sec. 20. The
doors of each house shall be open unless the public security otherwise
requires.
History:
Const. 1963, Art. IV, §20, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §18.
MCL Const.4.21
§ 21
Adjournments, limitations.
Sec. 21.
Neither house shall, without the consent of the other, adjourn for more
than two intervening calendar days, nor to any place other than where
the legislature may then be in session.
History:
Const. 1963, Art. IV, §21, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §18.
MCL Const.4.22
§ 22 Bills.
Sec. 22. All
legislation shall be by bill and may originate in either house.
History:
Const. 1963, Art. IV, §22, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §19.
MCL Const.4.23
§ 23 Style
of laws.
Sec. 23. The
style of the laws shall be: The People of the State of Michigan enact.
History:
Const. 1963, Art. IV, §23, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §20.
MCL Const.4.24
§ 24 Laws;
object, title, amendments changing purpose.
Sec. 24. No law
shall embrace more than one object, which shall be expressed in its
title. No bill shall be altered or amended on its passage through either
house so as to change its original purpose as determined by its total
content and not alone by its title.
History:
Const. 1963, Art. IV, §24, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, SS 21, 22.
MCL Const.4.25
§ 25
Revision and amendment of laws; title references, publication of entire
sections.
Sec. 25. No law
shall be revised, altered or amended by reference to its title only. The
section or sections of the act altered or amended shall be re-enacted
and published at length.
History:
Const. 1963, Art. IV, §25, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §21.
MCL Const.4.26
§ 26 Bills;
printing, possession, reading, vote on passage.
Sec. 26. No
bill shall be passed or become a law at any regular session of the
legislature until it has been printed or reproduced and in the
possession of each house for at least five days. Every bill shall be
read three times in each house before the final passage thereof. No bill
shall become a law without the concurrence of a majority of the members
elected to and serving in each house. On the final passage of bills, the
votes and names of the members voting thereon shall be entered in the
journal.
History:
Const. 1963, Art. IV, §26, Eff. Jan. 1, 1964.
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.
Former Constitution: See Const. 1908, Art. V, SS 22, 23.
MCL Const.4.27
§ 27 Laws,
effective date.
Sec. 27. No act
shall take effect until the expiration of 90 days from the end of the
session at which it was passed, but the legislature may give immediate
effect to acts by a two-thirds vote of the members elected to and
serving in each house.
History:
Const. 1963, Art. IV, §27, Eff. Jan. 1, 1964.
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).
Former Constitution: See Const. 1908, Art. V, §21.
MCL Const.4.28
§ 28 Bills,
subjects at special session.
Sec. 28. When
the legislature is convened on extraordinary occasions in special
session no bill shall be passed on any subjects other than those
expressly stated in the governor's proclamation or submitted by special
message.
History:
Const. 1963, Art. IV, §28, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §22.
MCL Const.4.29
§ 29 Local
or special acts.
Sec. 29. The
legislature shall pass no local or special act in any case where a
general act can be made applicable, and whether a general act can be
made applicable shall be a judicial question. No local or special act
shall take effect until approved by two-thirds of the members elected to
and serving in each house and by a majority of the electors voting
thereon in the district affected. Any act repealing local or special
acts shall require only a majority of the members elected to and serving
in each house and shall not require submission to the electors of such
district.
History:
Const. 1963, Art. IV, §29, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §30.
MCL Const.4.30
§ 30
Appropriations; local or private purposes.
Sec. 30. The
assent of two-thirds of the members elected to and serving in each house
of the legislature shall be required for the appropriation of public
money or property for local or private purposes.
History:
Const. 1963, Art. IV, §30, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §24.
MCL Const.4.31
§ 31 General
appropriation bills; priority, statement of estimated revenue.
Sec. 31. The
general appropriation bills for the succeeding fiscal period covering
items set forth in the budget shall be passed or rejected in either
house of the legislature before that house passes any appropriation bill
for items not in the budget except bills supplementing appropriations
for the current fiscal year's operation. Any bill requiring an
appropriation to carry out its purpose shall be considered an
appropriation bill. One of the general appropriation bills as passed by
the legislature shall contain an itemized statement of estimated revenue
by major source in each operating fund for the ensuing fiscal period,
the total of which shall not be less than the total of all
appropriations made from each fund in the general appropriation bills as
passed.
History:
Const. 1963, Art. IV, §31, Eff. Jan. 1, 1964.
MCL Const.4.32
§ 32 Laws
imposing taxes.
Sec. 32. Every
law which imposes, continues or revives a tax shall distinctly state the
tax.
History:
Const. 1963, Art. IV, §32, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. X, §6.
MCL Const.4.33
§ 33 Bills
passed; approval by governor or veto, reconsideration by legislature.
Sec. 33. Every
bill passed by the legislature shall be presented to the governor before
it becomes law, and the governor shall have 14 days measured in hours
and minutes from the time of presentation in which to consider it. If he
approves, he shall within that time sign and file it with the secretary
of state and it shall become law. If he does not approve, and the
legislature has within that time finally adjourned the session at which
the bill was passed, it shall not become law. If he disapproves, and the
legislature continues the session at which the bill was passed, he shall
return it within such 14-day period with his objections, to the house in
which it originated. That house shall enter such objections in full in
its journal and reconsider the bill. If two-thirds of the members
elected to and serving in that house pass the bill notwithstanding the
objections of the governor, it shall be sent with the objections to the
other house for reconsideration. The bill shall become law if passed by
two-thirds of the members elected to and serving in that house. The vote
of each house shall be entered in the journal with the votes and names
of the members voting thereon. If any bill is not returned by the
governor within such 14-day period, the legislature continuing in
session, it shall become law as if he had signed it.
History:
Const. 1963, Art. IV, §33, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §36.
MCL Const.4.34
§ 34 Bills,
referendum.
Sec. 34. Any
bill passed by the legislature and approved by the governor, except a
bill appropriating money, may provide that it will not become law unless
approved by a majority of the electors voting thereon.
History:
Const. 1963, Art. IV, §34, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §38.
MCL Const.4.35
§ 35
Publication and distribution of laws and judicial decisions.
Sec. 35. All
laws enacted at any session of the legislature shall be published in
book form within 60 days after final adjournment of the session, and
shall be distributed in the manner provided by law. The prompt
publication of judicial decisions shall be provided by law. All laws and
judicial decisions shall be free for publication by any person.
History:
Const. 1963, Art. IV, §35, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §39.
MCL Const.4.36
§ 36 General
revision of laws; compilation of laws.
Sec. 36. No
general revision of the laws shall be made. The legislature may provide
for a compilation of the laws in force, arranged without alteration,
under appropriate heads and titles.
History:
Const. 1963, Art. IV, §36, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. V, §40.
MCL Const.4.37
§ 37
Administrative rules, suspension by legislative committee.
Sec. 37. The
legislature may by concurrent resolution empower a joint committee of
the legislature, acting between sessions, to suspend any rule or
regulation promulgated by an administrative agency subsequent to the
adjournment of the last preceding regular legislative session. Such
suspension shall continue no longer than the end of the next regular
legislative session.
History:
Const. 1963, Art. IV, §37, Eff. Jan. 1, 1964.
MCL Const.4.38
§ 38
Vacancies in office.
Sec. 38. The
legislature may provide by law the cases in which any office shall be
vacant and the manner of filling vacancies where no provision is made in
this constitution.
History:
Const. 1963, Art. IV, §38, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. XVI, §5.
MCL Const.4.39
§ 39
Continuity of government in emergencies.
Sec. 39. In
order to insure continuity of state and local governmental operations in
periods of emergency only, resulting from disasters occurring in this
state caused by enemy attack on the United States, the legislature may
provide by law for prompt and temporary succession to the powers and
duties of public offices, of whatever nature and whether filled by
election or appointment, the incumbents of which may become unavailable
for carrying on the powers and duties of such offices; and enact other
laws necessary and proper for insuring the continuity of governmental
operations. Notwithstanding the power conferred by this section,
elections shall always be called as soon as possible to fill any
vacancies in elective offices temporarily occupied by operation of any
legislation enacted pursuant to the provisions of this section.
History:
Const. 1963, Art. IV, §39, Eff. Jan. 1, 1964.
Former Constitution: See Const. 1908, Art. XVI, §5.
MCL Const.4.40
§ 40
Alcoholic beverages; age requirement; liquor control commission; excise
tax; local option.
Sec. 40. A
person shall not sell or give any alcoholic beverage to any person who
has not reached the age of 21 years. A person who has not reached the
age of 21 years shall not possess any alcoholic beverage for the purpose
of personal consumption. An alcoholic beverage is any beverage
containing one-half of one percent or more alcohol by volume.
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.
History: |