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Chapter V, Legislative Department

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Chapter V, Legislative Department A Comparative Analysis of the Michigan Constitution Volume I Article V Citizens Research Council of Michigan 1526 David Stott Building 204 Bauch Building Detroit, 26, Michigan Lansing 23, Michigan Report Number 208 October 1961 Citizens Research Council of Michigan TABLE OF CONTENTS CHAPTER V LEGISLATIVE DEPARTMENT Page A. Legislative Power; Initiative and Referendum v - 1 B. Apportionment of the Legislature v - 14 1. Senate v - 14 2. House of Representatives and Apportionment v - 19 C. Other Legislative Powers and Restrictions v - 44 1. Power to Reduce Size of Juries v - 44 2. Indeterminate Sentences v - 45 3. Regulation of Employment v - 47 4. Special Contracts v - 49 5. Prison Chaplains; Religious Services v - 50 6. Prohibition of Special Divorce Law v - 51 7. Prohibition of Lotteries v - 52 8. Prohibition of State Paper v - 53 9. Appropriations for Local or Private Purposes v - 54 10. Prohibition of Legislative Audit of Claims v - 56 11. Prohibition of Spec. Law for Sale of Priv. Real Estate v - 57 12. Gubernatorial Veto and Item Veto v - 58 D. Qualifications, Eligibility, Etc. Relative to Legislators v - 59 1. Qualifications of Legislators v - 59 V Legislative Department 2. Ineligibility to the Legis. of Other Off. Holders v - 61 3. Legislators’ Ineligibility to Other Office v - 62 4. Legislators’ Privilege from Arrest v - 64 5. Legislators’ Compensation, Mileage and Publications v - 66 6. Compensation for Presiding Officers v - 68 7. Contested Elections to the Legislature v - 69 8. Time of Electing Legislators v - 70 E. Legislative Sessions and Other Provisions v - 72 1. Meeting and Adjournment v - 72 2. Meetings Public, Exception v - 73 3. Legislative Quorums v - 74 4. Elections by the Legis.; Sen. Vote on Confirmation v - 75 F. Legislative Procedure v - 77 1. Bills v - 78 2. Style of Laws v - 81 3. Laws; Object and Title, Revision, Amendment, Effective Date v - 82 4. Bills; Printing; Subject Matter at Special Session; Amendment v - 89 5. Bills; Reading, Passage, Vote v - 93 6. Senate and House; Journals; Right of Member to Protest v - 96 7. Senate and House; Powers v -100 8. Local or Special Acts; Referendum v -105 9. Referendum on Certain Bills v -108 10. Publication of Statutes and Decisions v -109 11. Revision of Laws; Compilation v -111 (over) Section Detail Page Article V, Section 1 ....................................................................... v - 1 2 ....................................................................... v - 14 3 ....................................................................... v - 19 4 ....................................................................... v - 20 5 ....................................................................... v - 59 6 ....................................................................... v - 61 7 ....................................................................... v - 62 8 ....................................................................... v - 64 9 ....................................................................... v - 66 10 ....................................................................... v - 68 11 ....................................................................... v - 69 12 ....................................................................... v - 70 13 ....................................................................... v - 72 14 ....................................................................... v - 74 15 ....................................................................... v -100 16 ....................................................................... v - 96 17 ....................................................................... v - 75 18 ....................................................................... v - 73 19 ....................................................................... v - 78 20 ....................................................................... v - 81 21 ....................................................................... v - 82 22 ....................................................................... v - 89 23 ....................................................................... v - 93 24 ....................................................................... v - 54 25 ....................................................................... v - 49 26 ....................................................................... v - 50 27 ....................................................................... v - 44 28 ....................................................................... v - 45 29 ....................................................................... v - 47 30 ....................................................................... v -105 31 ....................................................................... v - 57 32 ....................................................................... v - 51 33 ....................................................................... v - 52 34 ....................................................................... v - 56 35 ....................................................................... v - 53 36 ................................................. See Chapter VI, p. vi - 46 37 ................................................. See Chapter VI, p. vi - 53 38 ....................................................................... v -108 39 ....................................................................... v -109 40 ....................................................................... v -111 V LEGISLATIVE DEPARTMENT A. LEGISLATIVE POWER; INITIATIVE AND REFERENDUM Article V: Section 1. The legislative power of the state of Michigan is vested in a senate and house of representatives; but the people reserve to themselves the power to propose legislative measures, resolutions and laws; to enact or reject the same at the polls independently of the legislature; and to approve or reject at the polls any act passed by the legislature, except acts making appropriations for state institutions and to meet deficiencies in state funds. The first power reserved by the people is the initiative. Qualified and registered electors of the state equal in number to at least 8 per cent 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 to propose any measure by petition: Provided, That no law shall be enacted by the initiative that could not under this constitution be enacted by the legislature. Initiative petitions shall set forth in full the proposed measure, and shall be filed with the secretary of state or such other person or persons as may hereafter be authorized by law to receive same not less than 10 days before the commencement of any session of the legislature. V Legislative Department Every petition shall be certified to as herein provided as having been signed by the required number of qualified and registered electors of the state. Upon receipt of any initiative petition, the secretary of state or such other person or persons hereafter autho- rized by law shall canvass the same to ascertain if such petition has been signed by the requisite number of qualified and regis- tered electors, and may, in determining the validity thereof, cause any doubtful signatures to be checked against the registration records by the clerk of any political subdivision in which said petitions were circulated, for properly determining the authentic- ity of such signatures. If the same has been so signed, the secre- tary of state or other person or persons hereafter authorized by law to receive and canvass same, determines that the petition is legal and in proper form and has been signed by the required number of qualified and registered electors, such petition shall be transmitted to the legislature as soon as it convenes and orga- nizes. The law proposed by such petition shall be either enacted or rejected by the legislature without change or amendment within 40 days from the time such petition is received by the legislature. A Comparative Analysis of the Michigan Constitution v - 2 If any law proposed by such petition shall be enacted by the legis- lature it shall be subject to referendum, as hereinafter provided. If any law so petitioned for be rejected, or if no action is taken upon it by the legislature within said 40 days, the secretary of state or such other person or persons hereafter authorized by law shall submit such proposed law to the people for approval or rejection at the next ensuing 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 mea- sures shall be submitted by the secretary of state or such other person or persons hereafter authorized by law to the electors for approval or rejection at the next ensuing general election. All said initiative petitions last above described shall have printed thereon in 12 point black face type the following: “Initiative mea- sure to be presented to the legislature.” The legislature may prescribe penalties for causing or aiding and abetting in causing any fictitious or forged name to be affixed to any initiative or referendum petition, or for knowingly causing any initiative or referendum petition bearing fictitious or forged names to be circulated The second power reserved to the people is the referendum. No act passed by the legislature
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