Bill Text: MI HJRE | 2013-2014 | 97th Legislature | Introduced
Bill Title: Legislature; other; appropriation bills subject to referendum; modify. Amends sec. 9, art. II of the state constitution.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Introduced - Dead) 2013-01-31 - Printed Joint Resolution Filed 01/31/2013 [HJRE Detail]
Download: Michigan-2013-HJRE-Introduced.html
HOUSE JOINT RESOLUTION E
January 30, 2013, Introduced by Reps. Segal, Knezek, McCann, Schor, Abed, Dianda, Kivela, Cochran, Driskell, Lamonte, Dillon, Brinks, Faris, Slavens, Yanez, Switalski and Brown and referred to the Committee on Government Operations.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 9 of article II, to
clarify the power of referendum when making appropriations.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to clarify the power of referendum when
making appropriations, is proposed, agreed to, and submitted to the
people of the state:
ARTICLE II
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 acts making appropriations 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. As used in this section, "acts making
appropriations for state institutions" means a general
appropriation act that primarily funds the core functions of one or
more state departments. As used in this section, "acts making
appropriations to meet deficiencies in state funds" means a general
or supplemental appropriation act that primarily reduces
expenditures in one or more state departments.
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.
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.
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.
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.
The legislature shall implement the provisions of this
section.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.
