SENATE JOINT RESOLUTION S

 

 

June 5, 2018, Introduced by Senators ANANICH, BIEDA, GREGORY, CONYERS, HOPGOOD, WARREN, HERTEL and KNEZEK and referred to the Committee on Elections and Government Reform.

 

 

 

     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 and to

 

limit the amendment or repeal of laws proposed by initiative

 

petition and enacted by the legislature.

 

     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 and to limit the amendment or repeal of laws

 

proposed by initiative petition and enacted by the legislature, 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. Except as

 

otherwise provided in this section, the power of referendum extends

 

to any act. The power of referendum does not extend to general

 

appropriation acts making appropriations for state institutions or

 

to meet deficiencies in state funds and must that primarily fund

 

the core functions of one or more state departments, or to

 

appropriation acts that primarily reduce expenditures in one or

 

more state departments. The power of referendum 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.

 

     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, and shall not be amended or repealed by the

 

legislature at the same session in which the law was enacted. Laws

 

proposed by initiative petition and enacted by the legislature may

 

only be amended or repealed by the concurrence of three-fourths of

 

the members elected to and serving in each house of the legislature

 

at a subsequent session.

 

     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.