Bill Text: MI SJRT | 2013-2014 | 97th Legislature | Introduced
Bill Title: Public employees and officers; state; insurance commissioner; establish as elected head of a principal department. Amends sec. 12, art. IV & secs. 3, 21, 23 & 30, art. V of the state constitution.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-04-23 - Referred To Committee On Insurance [SJRT Detail]
Download: Michigan-2013-SJRT-Introduced.html
SENATE JOINT RESOLUTION T
April 23, 2013, Introduced by Senators SMITH and HOPGOOD and referred to the Committee on Insurance.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 12 of article IV and
sections 3, 21, 23, and 30 of article V, to establish the office of
insurance commissioner as the elective head of a principal
department.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to establish the office of insurance
commissioner as the elective head of a principal department, is
proposed, agreed to, and submitted to the people of the state:
ARTICLE IV
Sec. 12. The state officers compensation commission is created
which subject to this section shall determine the salaries and
expense allowances of the members of the legislature, the governor,
the lieutenant governor, the attorney general, the secretary of
state, the insurance commissioner, and the justices of the supreme
court. The commission shall consist of 7 members appointed by the
governor whose qualifications may be determined by law. Subject to
the legislature's ability to amend the commission's determinations
as provided in this section, the commission shall determine the
salaries and expense allowances of the members of the legislature,
the governor, the lieutenant governor, the attorney general, the
secretary of state, the insurance commissioner, and the justices of
the supreme court which determinations shall be the salaries and
expense allowances only if the legislature by concurrent resolution
adopted by a majority of the members elected to and serving in each
house of the legislature approve them. The senate and house of
representatives shall alternate on which house of the legislature
shall originate the concurrent resolution, with the senate
originating the first concurrent resolution.
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, the
insurance commissioner, 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, the insurance
commissioner, 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.
ARTICLE V
Sec. 3. The head of each principal department shall be a
single executive unless otherwise provided in this constitution or
by law. The single executives heading principal departments shall
include a secretary of state, a state treasurer, an insurance
commissioner, and an attorney general. When a single executive is
the head of a principal department, unless elected or appointed as
otherwise provided in this constitution, he shall be appointed by
the governor by and with the advice and consent of the senate and
he shall serve at the pleasure of the governor.
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.
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.
Sec. 21. The governor, lieutenant governor, secretary of
state, insurance commissioner, and attorney general shall be
elected for four-year terms at the general election in each
alternate even-numbered year.
The lieutenant governor, secretary of state, insurance
commissioner, 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.
Vacancies in the office of the secretary of state, insurance
commissioner, and attorney general shall be filled by appointment
by the governor.
Sec. 23. The governor, lieutenant governor, secretary of
state, insurance commissioner, and attorney general shall each
receive the compensation provided by law in full payment for all
services performed and expenses incurred during his term of office.
Such compensation shall not be changed during the term of office
except as otherwise provided in this constitution.
Sec. 30. No person shall be elected more than two times to
each office of the executive branch of government: governor,
lieutenant governor, secretary of state, insurance commissioner, or
attorney general. Any person appointed or elected to fill a vacancy
in the office of governor, lieutenant governor, secretary of state,
insurance commissioner, 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.
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.
