Jim DeAngelis worked on Michigan I worked on it 9/29/03 *** CSTART MI 01/01/1964 01/01/2003 *** *** MSTART 001 030.0 006.0 0 MI 1963 1968 *** Sec. 30. (1) A judicial tenure commission is established consisting of nine persons selected for three-year terms as follows: Four members shall be judges elected by the judges of the courts in which they serve; one shall be a court of appeals judge, one a circuit judge, one a probate judge and one a judge of a court of limited jurisdiction. Three shall be members of the state bar who shall be elected by the members of the state bar of whom one shall be a judge and two shall not be judges. Two shall be appointed by the governor; the members appointed by the governor shall not be judges, retired judges or members of the state bar. Terms shall be staggered as provided by rule of the supreme court. Vacancies shall be filled by the appointing power. (2) On recommendation of the judicial tenure commission, the supreme court may censure, suspend with or without salary, retire or remove a judge for conviction of a felony, physical or mental disability which prevents the performance of judicial duties, misconduct in office, persistent failure to perform his duties, habitual intemperance or conduct that is clearly prejudicial to the administration of justice. The supreme court shall make rules implementing this section and providing for confidentiality and privilege of proceedings. [This amendment was ratified by the people of Michigan as Proposal No.1 at a special election on August 6, 1968.] *** MEND *** *** MSTART 002 012.0 004.0 0 MI 1963 1968 *** 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. [This amendment was ratified by the people of Michigan as Proposal No. 2 at a special election on August 6, 1968.] *** MEND *** *** MSTART 003 020.0 006.0 0 MI 1963 1968 *** Sec. 20. Whenever a justice or judge removes his domicile beyond the limits of the territory from which he was elected or appointed, he shall have vacated his office. [This amendment is part of Proposal No. 3, ratified by the people of Michigan at a special election on August 6, 1968.] *** MEND *** *** MSTART 004 022.0 006.0 0 MI 1963 1968 *** Sec. 22. Any judge of the court of appeals, circuit court or probate court may become a candidate in the primary election for the office of which he is the incumbent by filing an affidavit of candidacy in the form and manner prescribed by law. [Amendment part of Proposal No. 3, ratified by the people of Michigan at a special election on August 6, 1968.] *** MEND *** *** MSTART 005 023.0 006.0 0 MI 1963 1968 *** Sec. 23. A vacancy shall occur in the office of judge of any court of record or in the district court by death, removal, resignation or vacating of the office, and such vacancy shall be filled by appointment by the governor. The person appointed by the governor shall hold office until 12 noon of the first day of January next succeeding the first general election held after the vacancy occurs, at which election a successor shall he elected for the remainder of the unexpired term. Whenever a new office of judge in a court of record, or the district court is created by law, it shall be filled by election as provided by law. The supreme court may authorize persons who have been elected and served as judges to perform judicial duties for limited periods or specific assignments. [This amendment is part of Proposal No. 3, ratified by the people of Michigan at a special election on August 6, 1968.] *** MEND *** *** MSTART 006 024.0 006.0 0 MI 1963 1968 *** [ Sec. 24. There shall be printed upon the ballot under the name of each incumbent justice or judge who is a candidate for nomination or election to the same office the designation of that office. [This amendment is part of Proposal No. 3, ratified by the people of Michigan at a special election on August 6, 1968.] *** MEND *** *** MSTART 007 002.0 008.0 0 MI 1963 1970 *** Sec. 2. The legislature shall maintain and support a system of free public elementary and secondary schools as defined by law. Every school district shall provide for the education of its pupils without discrimination as to religion, creed, race, color or national origin. Nonpublic schools, prohibited aid. No public monies or property shall be appropriated or paid or any public credit utilized, by the legislature or any other political subdivision or agency of the state directly or indirectly to aid or maintain any private, denominational or other nonpublic, pre-elementary, elementary, or secondary school. No payment, credit, tax benefit, exemption or deductions, tuition voucher, subsidy, grant or loan of public monies or property shall be provided directly or indirectly, to support the attendance of any student or the employment of any person at any such nonpublic school or at any location or institution where instruction is offered in whole or in part to such nonpublic school students. The legislature may provide for the transportation of students to and from any school. [This amendment was ratified by the people of Michigan at the general election November 3, 1970.] *** MEND *** *** MSTART 008 041.0 004.0 0 MI 1963 1972 *** Sec. 41. The legislature may authorize lotteries and permit the sale of lottery tickets in the manner provided by law. [This amendment was ratified by the people of Michigan at a special election May 16, 1972.] *** MEND *** *** MSTART 009 020.0 001.0 0 MI 1963 1972 *** 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; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defense; to have an appeal as a matter of right; 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. [This amendment proposed as a joint resolution in the 1972 regular session and ratified by the voters at a special election held August 8, 1972.] *** MEND *** *** MSTART 010 008.0 009.0 0 MI 1963 1974 *** Sec. 8. The legislature shall not impose a sales tax on retailers at a rate of more than 4% of their gross taxable sales of tangible personal property. No sales tax or use tax shall be charged or collected from and after January 1, 1975 on the sale or use of prescription drugs for human use, or on the sale or use of food for human consumption except in the case of prepared food intended for immediate consumption as defined by law. This provision shall not apply to alcoholic beverages. To compensate units of government other than the state for loss of revenue resulting from repeal of the sales tax on food and prescription drugs, each present allocation of sales tax revenue to such units shall be increased by 1/5. [Proposed by initiatory petition and ratified by the voters at the general election on November 5, 1974.] *** MEND *** *** MSTART 011 019.0 009.0 0 MI 1963 1978 *** Sec. 19. The state shall not subscribe to, nor be interested in the stock of any company, association or corporation, except that funds accumulated to provide retirement or pension benefits for public officials and employees may be invested as provided by law; and endowment funds created for charitable or educational purposes may be invested as provided by law governing the investment of funds held in trust by trustees and other state funds or money may be invested in accounts of a bank, savings and loan association, or credit union organized under the laws of this state or federal law, as provided by law. [This amendment passed as House Joint Resolution GG during the 1978 legislative session. It was ratified by the voters on November 7, 1978 and became effective December 23, 1978.] *** MEND *** *** MSTART 012 020.0 009.0 0 MI 1963 1978 *** Sec. 20. No state money shall be deposited in banks, savings and loans associations, or credit unions, other than those organized under the law of this state or federal law. No state money shall be deposited in any bank, savings and loan association, or credit union, in excess of 50 percent of the net worth of the bank, savings and loan association, or credit union. Any bank, savings and loan association, or credit union, receiving deposits of state money shall show the amount of state money so deposited as a separate item in all published statements. [This amendment passed as House Joint Resolution GG in the 1978 legislative session. It was ratified by the voters on November 7, 1978 and became effective December 23, 1978] *** MEND *** *** MSTART 013 015.0 001.0 0 MI 1963 1979 *** 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. [This amendment originally enrolled as House Joint Resolution Q, was approved by the voters at the general election on November 7, 1978 and became effective May 1, 1979.] *** MEND *** *** MSTART 014 028.0 005.0 0 MI 1963 1978 *** Sec. 28. There is hereby established a state transportation commission, which shall establish policy for the state transportation department transportation programs and facilities, and such other public works of the state, as provided by law. The state transportation commission shall consist of six members, not more than three of whom shall be members of the same political party. They shall be appointed by the governor by and with the advice and consent of the senate for three-year terms, no three of which shall expire in the same year, as provided by law. The director of the state transportation department shall be appointed as provided by law and shall be the principal executive officer of the state transportation department and shall be responsible for executing the policy of the state transportation commission. [This amendment originated as House Joint Resolution F and was approved by the people at the general election on November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 015 009.0 009.0 0 MI 1963 1978 *** Sec. 9. All specific taxes, except general sales and use taxes and regulatory fees, imposed directly or indirectly on fuels sold or used to propel motor vehicles upon highways and to propel aircraft and on registered motor vehicles and aircraft shall, after the payment of necessary collection expenses, be used exclusively for transportation purposes as set forth in this section. Not less than 90 percent of the specific taxes, except general sales and use taxes and regulatory fees, imposed directly or indirectly on fuels sold or used to propel motor vehicles upon highways and on registered motor vehicles shall, after the payment of necessary collection expenses, be used exclusively for the transportation purposes of planning, administering, constructing, reconstructing, financing, and maintaining state, county, city, and village roads, streets, and bridges designed primarily for the use of motor vehicles using tires, and reasonable appurtenances to those state, county, city, and village roads, streets, and bridges. The balance, if any, of the specific taxes, except general sales and use taxes and regulatory fees, imposed directly or indirectly on fuels sold or used to propel motor vehicles upon highways and on registered motor vehicles, after the payment of necessary collection expenses; 100 percent of the specific taxes, except general sales and use taxes and regulatory fees, imposed directly or indirectly on fuels sold or used to propel aircraft and on registered aircraft, after the payment of necessary collection expenses; and not more than 25 percent of the general sales taxes, imposed directly or indirectly on fuels sold to propel motor vehicles upon highways, on the sale of motor vehicles, and on the sale of the parts and accessories of motor vehicles, after the payment of necessary collection expenses; shall be used exclusively for the transportation purposes of comprehensive transportation purposes as defined by law. The legislature may authorize the incurrence of indebtedness and the issuance of obligations pledging the taxes allocated or authorized to be allocated by this section, which obligations shall not be construed to be evidences of state indebtedness under this constitution. [This amendment also originated as House Joint Resolution F, and was approved by the people at the general election on November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 016 040.0 004.0 0 MI 1963 1978 *** 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. [This amendment originated as an initiative petition and was approved by the people at the general election on November 7, 1978. It became effective on December 23, 1978.] *** MEND *** *** MSTART 017 025.0 009.0 0 MI 1963 1978 *** Sec. 25. Property taxes and other local taxes and state taxation and spending may not be increased above the limitations specified herein without direct voter approval. The state is prohibited from requiring any new or expanded activities by local governments without full state financing, from reducing the proportion of state spending in the form of aid to local governments, or from shifting the tax burden to local government. A provision for emergency conditions is established and the repayment of voter approved bonded indebtedness is guaranteed. Implementation of this section is specified in Sections 26 through 34, inclusive, of this Article. [This amendment was proposed by initiative petition and approved by the people at the general election November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 018 026.0 009.0 0 MI 1963 1978 *** Sec. 26. There is hereby established a limit on the total amount of taxes which may be imposed by the legislature in any fiscal year on the taxpayers of this state. This limit shall not be changed without approval of the majority of the qualified electors voting thereon, as provided for in Article 12 of the Constitution. Effective with fiscal year 1979-1980, and for each fiscal year thereafter, the legislature shall not impose taxes of any kind which, together with all other revenues of the state, federal aid excluded, exceed the revenue limit established in this section. The revenue limit shall be equal to the product of the ratio of Total State Revenues in fiscal year 1978-79 divided by the Personal Income of Michigan in calendar year 1977 multiplied by the Personal Income of Michigan in either the prior calendar year or the average of Personal Income of Michigan in the previous three calendar years, whichever is greater. For any fiscal year in the event that Total State Revenues exceed the revenue limit established in this section by 1% or more, the excess revenues shall be refunded pro rata based on the liability reported on the Michigan income tax and single business tax (or its successor tax or taxes) annual returns filed following the close of such fiscal year. If the excess is less than 1%, this excess may be transferred to the State Budget Stabilization Fund. The revenue limitation established in this section shall not apply to taxes imposed for the payment of principal and interest on bonds, approved by the voters and authorized under Section 15 of this Article, and loans to school districts authorized under Section 16 of this Article. If responsibility for funding a program or programs is transferred from one level of government to another, as a consequence of constitutional amendment, the state revenue and spending limits may be adjusted to accommodate such change, provided that the total revenue authorized for collection by both state and local governments does not exceed that amount which would have been authorized without such change. [This amendment was proposed by initiative petition and approved by the people at the general election November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 019 027.0 009.0 0 MI 1963 1978 *** Sec. 27. The revenue limit of Section 26 of this Article may be exceeded only if all of the following conditions are met: (1) The governor requests the legislature to declare an emergency; (2) the request is specific as to the nature of the emergency, the dollar amount of the emergency, and the method by which the emergency will be funded; and (3) the legislature thereafter declares an emergency in accordance with the specific of the governor's request by a two-thirds vote of the members elected to and serving in each house. The emergency must be declared in accordance with this section prior to incurring any of the expenses which constitute the emergency request. The revenue limit may be exceeded only during the fiscal year for which the emergency is declared. In no event shall any part of the amount representing a refund under Section 26 of this Article be the subject of an emergency request. [This amendment was proposed by initiative petition and approved by the people at the general election November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 020 028.0 009.0 0 MI 1963 1978 *** Sec. 28. No expenses of state government shall be incurred in any fiscal year which exceed the sum of the revenue limit established in Sections 26 and 27 of this Article plus federal aid and any surplus from a previous fiscal year. [This amendment was proposed by initiative petition and approved by the people at the general election November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 021 029.0 009.0 0 MI 1963 1978 *** Sec. 29. The state is hereby prohibited from reducing the state financed proportion of the necessary costs of any existing activity or service required of units of Local Government by state law. A new activity or service or an increase in the level of any activity or service beyond that required by existing law shall not be required by the legislature or any state agency of units of Local Government, unless a state appropriation is made and disbursed to pay the unit of Local Government for any necessary increased costs. The provision of this section shall not apply to costs incurred pursuant to Article VI, Section 18. [This amendment was proposed by initiative petition and approved by the people at the general election November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 022 030.0 009.0 0 MI 1963 1978 *** Sec. 30. The proportion of total state spending paid to all units of Local Government, taken as a group, shall not be reduced below that proportion in effect in fiscal year 1978-79. [This amendment was proposed by initiative petition and approved by the people at the general election November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 023 031.0 009.0 0 MI 1963 1978 *** Sec. 31. Units of Local Government are hereby prohibited from levying any tax not authorized by law or charter when this section is ratified or from increasing the rate of an existing tax above that rate authorized by law or charter when this section is ratified, without the approval of a majority of the qualified electors of that unit of Local Government voting thereon. If the definition of the base of an existing tax is broadened, the maximum authorized rate of taxation on the new base in each unit of Local Government shall be reduced to yield the same estimated gross revenue as on the prior base. If the assessed valuation of property as finally equalized, excluding the value of new construction and improvements, increases by a larger percentage than the increase in the General Price Level from the previous year, the maximum authorized rate applied thereto in each unit of Local Government shall be reduced to yield the same gross revenue from existing property, adjusted for changes in the General Price Level, as could have been collected at the existing authorized rate on the prior assessed value. The limitations of this section shall not apply to taxes imposed for the payment of principal and interest on bonds or other evidence of indebtedness or for the payment of assessments on contract obligations in anticipation of which bonds are issued which were authorized prior to the effective date of this amendment. [This amendment was proposed by initiative petition and approved by the people at the general election November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 024 032.0 009.0 0 MI 1963 1978 *** Sec. 32. Any taxpayer of the state shall have standing to bring suit in the Michigan State Court of Appeals to enforce the provisions of Sections 25 through 31, inclusive, of this Article and, if the suit is sustained, shall receive from the applicable unit of government his costs incurred in maintaining such suit. [This amendment was proposed by initiative petition and approved by the people at the general election November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 025 033.0 009.0 0 MI 1963 1978 *** Sec. 33. Definitions. The definitions of this section shall apply to Section 25 through 32 of Article IX, inclusive. "Total State Revenues" includes all general and special revenues, excluding federal aid, as defined in the budget message of the governor for fiscal year 1978-1979. Total State Revenues shall exclude the amount of any credits based on actual tax liabilities or the imputed tax components of rental payments, but shall include the amount of any credits not related to actual tax liabilities. "Personal Income of Michigan" is the total income received by persons in Michigan from all sources, as defined and officially reported by the United States Department of Commerce or its successor agency. "Local Government" means any political subdivision of the state, including, but not restricted to, school districts, cities, villages, townships, charter townships, counties, charter counties, authorities created by the state, and authorities created by other units of local government. "General Price Level" means the Consumer Price Index for the United States as defined and officially reported by the United States Department of Labor or its successor agency. [This amendment was proposed by initiative petition and approved by the people at the general election November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 026 034.0 009.0 0 MI 1963 1978 *** Sec. 34. The Legislature shall implement the provisions of Sections 25 through 33, inclusive, of this Article. [This amendment was proposed by initiative petition and approved by the people at the general election November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 027 006.0 009.0 0 MI 1963 1978 *** Section 6. Except as otherwise provided in this constitution, the total amount of general ad valorem taxes imposed upon real and tangible personal property for all purposes in any one year shall not exceed 15 mills on each dollar of the assessed valuation of property as finally equalized. Under procedures provided by law, which shall guarantee the right of initiative, separate tax limitations for any county and for the townships and for school districts therein, the aggregate of which shall not exceed 18 mills on each dollar of such valuation, may be adopted and thereafter altered by the vote of a majority of the qualified electors of such county voting thereon, in lieu of the limitation hereinbefore established. These limitations may be increased to an aggregate of not to exceed 50 mills on each dollar of valuation, for a period of not to exceed 20 years at any one time, if approved by a majority of the electors, qualified under Section 6 of Article II of this constitution, voting on the question. The foregoing limitations shall not apply to taxes imposed for the payment of principal and interest on bonds approved by the electors or other evidences of indebtedness approved by the electors or for the payment of assessments or contract obligations in anticipation of which bonds are issued approved by the electors, which taxes may be imposed without limitation as to rate or amount; or, subject to the provisions of Section 25 through 34 of this article, to taxes imposed for any other purpose by any city, village, charter county, charter township, charter authority or other authority, the tax limitations of which are provided by charter or by general law. In any school district which extends into two or more counties, property taxes at the highest rate available in the county which contains the greatest part of the area of the district may be imposed and collected for school purposes throughout the district. [This amendment was proposed by initiative petition and approved by the people at the general election November 7, 1978. It became effective December 23, 1978.] *** MEND *** *** MSTART 028 005.0 011.0 0 MI 1963 1978 *** Sec. 5. The classified state civil service shall consist of all positions in the state service except those filled by popular election, heads of principal departments, members of boards and commissions, the principal executive officer of boards and commissions heading principal departments, employees of courts of record, employees of the legislature, employees of the state institutions of higher education, all persons in the armed forces of the state, eight exempt positions in the office of the governor, and within each principal department, when requested by the department head, two other exempt positions, one of which shall be policy-making. The civil service commission may exempt three additional positions of a policy-making nature within each principal department. The civil service commission shall be non-salaried and shall consist of four persons, not more than two of whom shall be members of the same political party, appointed by the governor for terms of eight years, no two of which shall expire in the same year. The administration of the commission's powers shall be vested in a state personnel director who shall be a member of the classified service and who shall be responsible to and selected by the commission after open competitive examination. The commission shall classify all positions in the classified service according to their respective duties and responsibilities, fix rates of compensation for all classes of positions, approve or disapprove disbursements for all personal services, determine by competitive examination and performance exclusively on the basis of merit, efficiency and fitness the qualifications of all candidates for positions in the classified service, make rules and regulations covering all personnel transactions, and regulate all conditions of employment in the classified service. State Police Troopers and Sergeants shall, through their elected representative designated by 50% of such troopers and sergeants, have the right to bargain collectively with their employer concerning conditions of their employment, compensation, hours, working conditions, retirement, pensions, and other aspects of employment except promotions which will be determined by competitive examination and performance on the basis of merit, efficiency and fitness; and they shall have the right 30 days after commencement of such bargaining to submit any unresolved disputes to binding arbitration for the resolution thereof the same as now provided by law for Public Police and Fire Departments. No person shall be appointed to or promoted in the classified service who has not been certified by the commission as qualified for such appointment or promotion. No appointments, promotions, demotions or removals in the classified service shall be made for religious, racial or partisan considerations. Increases in rates of compensation authorized by the commission may be effective only at the start of a fiscal year and shall require prior notice to the governor, who shall transmit such increases to the legislature as part of his budget. The legislature may, by a majority vote of the members elected to and serving in each house, waive the notice and permit increases in rates of compensation to be effective at a time other than the start of a fiscal year. Within 60 calendar days following such transmission, the legislature may, by a two-thirds vote of the members elected to and serving in each house, reject or reduce increases in rates of compensation authorized by the commission. Any reduction ordered by the legislature shall apply uniformly to all classes of employees affected by the increases and shall not adjust pay differentials already established by the civil service commission. The legislature may not reduce rates of compensation below those in effect at the time of the transmission of increases authorized by the commission. The appointing authorities may create or abolish positions for reasons of administrative efficiency without the approval of the commission. Positions shall not be created nor abolished except for reasons of administrative efficiency. Any employee considering himself aggrieved by the abolition or creation of a position shall have a right of appeal to the commission through established grievance procedures. The civil service commission shall recommend to the governor and to the legislature rates of compensation for all appointed positions within the executive department not a part of the classified service. To enable the commission to exercise its powers, the legislature shall appropriate to the commission for the ensuing fiscal year a sum not less than one percent of the aggregate payroll of the classified service for the preceding fiscal year, as certified by the commission. Within six months after the conclusion of each fiscal year the commission shall return to the state treasury all moneys unexpended for that fiscal year. The commission shall furnish reports of expenditures, at least annually, to the governor and the legislature and shall be subject to annual audit as provided by law. No payment for personal services shall be made or authorized until the provisions of this constitution pertaining to civil service have been complied with in every particular. Violation of any of the provisions hereof may be restrained or observance compelled by injunctive or mandamus proceedings brought by any citizen of the state. [This amendment originated by initiative petition and was approved by the voters at the November 7, 1978 general election. It became effective on December 23, 1978.] *** MEND *** *** MSTART 029 011.0 004.0 0 MI 1963 1982 *** 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. [This amendment originated as Proposal A and was approved by the voters at the general election held November 2, 1982. It became effective on December 18, 1982.] *** MEND *** *** MSTART 030 035.0 009.0 0 MI 1963 1984 *** Sec. 35. There is hereby established the Michigan natural resources trust fund. The trust fund shall consist of all bonuses, rentals, delayed rentals, and royalties collected or reserved by the state under provisions of leases for the extraction of nonrenewable resources from state owned lands, except such revenues accruing under leases of state owned lands acquired with money from state or federal game and fish protection funds or revenues accruing from lands purchased with such revenues. The trust fund may receive appropriations, money, or other things of value. All money in the state recreational land acquisition trust and the heritage trust shall be transferred to the trust fund. The legislature may provide by law that revenues otherwise dedicated to the trust fund be distributed to the Michigan economic development authority under the terms and in amounts not to exceed the distributions allowed by law on March 30, 1984. The legislature shall provide by law that all rights acquired by holders of bonds heretofore issued by the Michigan economic development authority shall remain unimpaired. The amount accumulated in the trust fund in any state fiscal year, shall not exceed $200,000,000.00, exclusive of interest and earnings, except that this limitation may be increased by law. The interest and earnings of the trust fund shall be expended for the acquisition of land or rights in land for recreational uses or protection of the land because of its environmental importance or its scenic beauty, for the development of public recreation facilities, and for the administration of the trust fund, which may include payments in lieu of taxes on state owned land purchased through the trust fund. The trust fund may provide grants to units of local government or public authorities which shall be used for the purposes of this section. The legislature shall provide that a portion of the cost of a project funded by such grants be provided by the local unit of government or public authority. The legislature may provide that a portion, not to exceed 33-1/3 percent, of the revenues received by the trust fund during a fiscal year may be expended during the following fiscal year for the purposes of this section. Not less than 25 percent of the total expenditures from the trust fund in any fiscal year shall be expended for acquisition of land and rights in land, and not more than 25 percent of the total expenditures from the trust fund in any fiscal year shall be expended for development of public recreation facilities. The legislature shall provide by law for the establishment of a trust fund board within the department of natural resources. The trust fund board shall recommend the projects to be funded. The board shall submit its recommendations to the governor who shall submit the board's recommendations to the legislature in an appropriations bill. The legislature shall provide by law, for the implementation of this section. [This amendment originated as House Joint Resolution M and approved by the voters as Proposal B at the general election on November 6, 1984.] *** MEND *** *** MSTART 031 024.0 001.0 0 MI 1963 1988 *** 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. [This amendment was approved by the voters as Proposal B at the November 8, 1988 general election. It became effective December 24, 1988.] *** MEND *** *** MSTART 032 010.0 002.0 0 MI 1963 1992 *** 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. [This amendment was part of a ballot initiative labeled Proposal B and passed by the voters at the general election held November 3, 1992. It became effective December 19, 1992. But in 1995, the United States Supreme Court ruled this type of provision limiting election to federal office unconstitutional. That ruling can be found in U.S. Term Limits, Inc. v Thorton, a challenge to a term limit amendment in the Arkansas state constitution.] *** MEND *** *** MSTART 033 054.0 004.0 0 MI 1963 1992 *** Sec. 54. No person shall be elected to the office of state representative more than three times. No person shall be elected to the office of state senate more than two times. Any person appointed or elected to fill a vacancy in the house of representatives or the state 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 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. [This amendment was part of a ballot initiative labeled Proposal B and passed by the voters at the general election held November 3, 1992. It became effective December 19, 1992] *** MEND *** *** MSTART 034 030.0 005.0 0 MI 1963 1992 *** 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 or attorney general. Any person appointed or elected to fill a vacancy in the office of governor, lieutenant governor, secretary of state 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, 1963. 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. [This amendment was part of a ballot initiative labeled Proposal B and passed by the voters at the general election held November 3, 1992. It became effective December 19, 1992] *** MEND *** *** MSTART 035 004.0 012.0 0 MI 1963 1992 *** Sec. 4. If any section, subsection or part of Article 2, Section 10, Article 4, Section 54 or Article 5, Section 30 is for any reason held to be invalid or unconstitutional, the remaining sections, subsections or parts of those sections shall not be affected but will remain in full force and effect. [This amendment was part of a ballot initiative labeled Proposal B and passed by the voters at the general election held November 3, 1992. It became effective December 19, 1992] *** MEND *** *** MSTART 036 003.0 009.0 0 MI 1963 1994 *** Sec. 3. The legislature shall provide for the uniform general ad valorem taxation of real and tangible personal property not exempt by law except for taxes levied for school operating purposes. The legislature shall provide for the determination of true cash value of such property; the proportion of true cash value at which such property shall be uniformly assessed, which shall not, after January 1, 1966, exceed 50 percent; and for a system of equalization of assessments. For taxes levied in 1995 and each year thereafter, the legislature shall provide that the taxable value of each parcel of property adjusted for additions and losses, shall not increase each year by more than the increase in the immediately preceding year in the general price level, as defined in section 33 of this article, or 5 percent, whichever is less until ownership of the parcel of property is transferred. When ownership of the parcel of property is transferred as defined by law, the parcel shall be assessed at the applicable proportion of current true cash value. The legislature may provide for alternative means of taxation of designated real and tangible personal property in lieu of general ad valorem taxation. Every tax other than the general ad valorem property tax shall be uniform upon the class or classes on which it operates. A law that increases the statutory limits in effect as of February 1, 1994 on the maximum amount of ad valorem property taxes that may be levied for school district operating purposes requires the approval of 3/4 of the members elected to and serving in the Senate and in the House of Representatives. [This amendment, part of Proposal A, was approved by voters on March 15, 1994. It became effective April 30, 1994.] *** MEND *** *** MSTART 037 005.0 009.0 0 MI 1963 1994 *** Sec. 5. The legislature shall provide for the assessment by the state of the property of those public service businesses assessed by the state at the date this constitution becomes effective, and of other property as designated by the legislature, and for the imposition and collection of taxes thereon. Property assessed by the state shall be assessed at the same proportion of its true cash value as the legislature shall specify for property subject to general ad valorem taxation. The rate of taxation on such property shall be the average rate levied upon other commercial, industrial, and utility property in this state under the general ad valorem tax law, or, if the legislature provides, the rate of tax applicable to the property of each business enterprise assessed by the state shall be the average rate of ad valorem taxation levied upon other commercial, industrial, and utility property in all counties in which any of such property is situated. [This amendment, part of Proposal A, was approved by voters on March 15, 1994. It became effective April 30, 1994.] *** MEND *** *** MSTART 038 008.0 009.0 0 MI 1963 1994 *** See. 8. Except as provided in this section, the Legislature shall not impose a sales tax on retailers at a rate of more than 4% of their gross taxable sales of tangible personal property. Beginning May 1, 1994, the sales tax shall be imposed on retailers at an additional rate of 2% of their gross taxable sales of tangible personal property not exempt by law and the use tax at an additional rate of 2%. The proceeds of the sales and use taxes imposed at the additional rate of 2% shall be deposited in the state school aid fund established in section 11 of this article. The allocation of sales tax revenue required or authorized by sections 9 and 10 of this article does not apply to the revenue from the sales tax imposed at the additional rate of 2%. No sales tax or use tax shall be charged or collected from and after January 1, 1975 on the sale or use of prescription drugs for human use, or on the sale of use of food for human consumption except in the case of prepared food intended for immediate consumption as defined by law. This provision shall not apply to alcoholic beverages. [This amendment, part of Proposal A, was approved by voters on March 15, 1994. It became effective April 30, 1994.] *** MEND *** *** MSTART 039 010.0 009.0 0 MI 1963 1994 *** Sec. 10. Fifteen percent of all taxes imposed on retailers on taxable sales at retail of tangible personal property at a rate of not more than 4% shall be used exclusively for assistance to townships, cities and villages, on a population basis as provided by law. In determining population the legislature may exclude any portion of the total number of persons who are wards, patients or convicts in any tax supported institution. [This amendment, part of Proposal A, was approved by voters on March 15, 1994. It became effective April 30, 1994.] *** MEND *** *** MSTART 040 011.0 009.0 0 MI 1963 1994 *** See. 11. There shall be established a state school aid fund which shall be used exclusively for aid to school districts, higher education, and school employees' retirement systems, as provided by law. Sixty percent of all taxes imposed at a rate of 4% on retailers on taxable sales at retail of tangible personal property, 100% of the proceeds of the sales and use taxes imposed at the additional rate of 2% provided for in section 8 of this article, and other tax revenues provided by law, shall be dedicated to this fund. Payments from this fund shall be made in full on a scheduled basis, as provided by law. Beginning in the1995-96 state fiscal year and each state fiscal year after 1995-96, the state shall guarantee that the total state and local per pupil revenue for school operating purposes for each local school district shall not be less than the 1994-95 total state and local per pupil revenue for school operating purposes for that local school district, as adjusted for consolidations, annexations, or other boundary changes. However, this guarantee does not apply in a year in which the local school district levies a millage rate for school district operating purposes less than it levied in 1994. [This amendment, part of Proposal A, was approved by voters on March 15, 1994. It became effective April 30, 1994.] *** MEND *** *** MSTART 041 036.0 009.0 0 MI 1963 1994 *** See. 36. Six percent of the proceeds of the tax on tobacco products shall be dedicated to improving the quality of health care of the residents of this state. [This amendment, part of Proposal A, was approved by voters on March 15, 1994. It became effective April 30, 1994.] *** MEND *** *** MSTART 042 020.0 001.0 0 MI 1963 1994 *** 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. [This amendment was passed as Proposal B at the general election, November 8, 1994. It became effective December 24, 1994.] *** MEND *** *** MSTART 043 035.0 009.0 0 MI 1963 1994 *** See. 35. There is hereby established the Michigan natural resources trust fund. The trust fund shall consist of all bonuses, rentals, delayed rentals, and royalties collected or reserved by the state under provisions of leases for the extraction of nonrenewable resources from state owned lands, except such revenues accruing under leases of state owned lands acquired with money from state or federal game and fish protection funds or revenues accruing from lands purchased with such revenues. The trust fund may receive appropriations, money, or other things of value. All money in the state recreational land acquisition trust and the heritage trust shall be transferred to the trust fund. Until September 30, 1994, the legislature may provide by law that revenues otherwise dedicated to the trust fund be distributed to the Michigan economic development authority under the terms and in amounts not to exceed the distributions allowed by law on March 30, 1984. The legislature shall provide by law that all rights acquired by holders of bonds heretofore issued by the Michigan economic development authority shall remain unimpaired. Until the trust fund reaches an accumulated principal of $400,000,000.00, $10,000,000.00 of the revenues from bonuses, rentals, delayed rentals, and royalties described in this section otherwise dedicated to the trust fund that are received by the state each state fiscal year shall be deposited into the Michigan state parks endowment fund. However, until the trust fund reaches an accumulated principal of $400,000,000.00, in any state fiscal year, not more than 50 percent of the total revenues from bonuses, rentals, delayed rentals, and royalties described in this section otherwise dedicated to the trust fund that are received by the state each state fiscal year shall be deposited into the Michigan state parks endowment fund. The amount accumulated in the trust fund in any state fiscal year shall not exceed $400,000,000.00, exclusive of interest and earnings and amounts authorized for expenditure pursuant to this section. When the accumulated principal of the trust fund reaches $400,000,000.00, all revenue from bonuses, rentals, delayed rentals, and royalties described in this section that would be received by the trust fund but for this limitation shall be deposited into the Michigan state parks endowment fund until the Michigan state parks endowment fund reaches an accumulated principal of $800,000,000.00. When the Michigan state parks endowment fund reaches an accumulated principal of $800,000,000.00, all revenues from bonuses, rentals, delayed rentals, and royalties described in this section shall be distributed as provided by law. The interest and earnings of the trust fund shall be expended for the acquisition of land or rights in land for recreational uses or protection of the land because of its environmental importance or its scenic beauty, for the development of public recreation facilities, and for the administration of the trust fund, which may include payments in lieu of taxes on state owned land purchased through the trust fund. The trust fund may provide grants to units of local government or public authorities which shall be used for the purposes of this section. The legislature shall provide that a portion of the cost of a project funded by such grants be provided by the local unit of government or public authority. Until the trust fund reaches an accumulated principal of $200,000,000.00, the legislature may provide, in addition to the expenditure of interest and earnings authorized by this section, that a portion, not to exceed 33-1/3 percent, of the revenues from bonuses, rentals, delayed rentals, and royalties described in this section received by the trust fund during each state fiscal year may be expended during subsequent state fiscal years for the purposes of this section. Not less than 25 percent of the total amounts made available for expenditure from the trust fund from any state fiscal year shall be expended for acquisition of land and rights in land and not more than 25 percent of the total amounts made available for expenditure from the trust fund from any state fiscal year shall be expended for development of public recreation facilities. The legislature shall provide by law for the establishment of a trust fund board within the department of natural resources. The trust fund board shall recommend the projects to be funded. The board shall submit its recommendations to the governor who shall submit the board's recommendations to the legislature in an appropriations bill. The legislature shall provide by law for the implementation of this section. [This amendment was approved by the voters as part of Proposal P at the general election, November 8, 1994. It became effective December 24, 1994.] *** MEND *** *** MSTART 044 036.1 009.0 0 MI 1963 1994 *** See. 36.{1} There is hereby established the Michigan state parks endowment fund. The endowment fund shall consist of revenues as provided in section 35 of this article, and as provided by law. The endowment fund may also receive private contributions of money or other things of value. All money in the Genevieve Gillette state parks endowment fund shall be transferred to the endowment fund. The accumulated principal of the endowment fund shall not exceed $800,000,000.00, which amount shall be annually adjusted pursuant to the rate of inflation beginning when the endowment fund reaches $800,000,000.00. This annually adjusted figure is the accumulated principal limit of the endowment fund. Money available for expenditure from the endowment fund as provided in this section shall be expended for operations, maintenance, and capital improvements at Michigan state parks. Money in the endowment fund shall be expended as follows: (1) Until the endowment fund reaches an accumulated principal of $800,000,000.00, each state fiscal year the legislature may appropriate not more than $5,000,000.00 of the money in the endowment fund as this $5,000,000.00 amount is annually pursuant to the rate of inflation. (2) Once the accumulated principal in the endowment fund reaches $800,000,000.00, only the interest and earnings of the endowment fund in excess of the amount necessary to maintain the endowment fund's accumulated principal limit may be made available for expenditure. Unexpended appropriations of the endowment fund from any state fiscal year as authorized by this section may be carried forward or may be appropriated as determined by the legislature for purposes of this section. The legislature shall provide by law for implementation of this section. [This amendment was approved by the voters as part of Proposal P at the general election, November 8, 1994. It became effective December 24, 1994. The amendment added section 36 and is listed as 36{1} to distinguish it from another section 36 of Article 9, which became effective in April 1994, and pertained to a tax on tobacco.] *** MEND *** *** MSTART 045 019.0 006.0 0 MI 1963 1996 *** Sec. 19. (1) The supreme court, the court of appeals, the circuit court, the probate court and other courts designated as such by the legislature shall be courts of record and each shall have a common seal. Justices and judges of courts of record must be persons who are licensed to practice law in this state. (2) To be qualified to serve as a judge of a trial court, a judge of the court of appeals, or a justice of the supreme court, a person shall have been admitted to the practice of law for at least 5 years. This subsection shall not apply to any judge or justices appointed or elected to judicial office prior to the date on which this subsection becomes part of the constitution. (3) No person shall be elected or appointed to a judicial office after reaching the age of 70 years. [This amendment was approved by the voters as Proposal B at the general election on November 5, 1996. It became effective on December 21, 1996.] *** MEND *** *** MSTART 046 037.0 009.0 0 MI 1963 1996 *** Sec. 37. The Michigan veterans' trust fund is established within the department of treasury. All money in the fund established by Act No. 9 of the Public Acts of the First Extra Session of 1946 shall be transferred to the Michigan veterans' trust fund. The trust fund may additionally receive appropriations, money, or other things of value. The state treasurer shall direct investment of the fund, and credit interest and earnings of the fund to the fund. Except for the state treasurer's actions authorized under this section, an expenditure or transfer of a trust fund asset, interest, or earnings may be made only upon the authorization of a majority of the members of the Michigan veterans' trust fund board of trustees. [This amendment was part of Proposal C, and passed by the voters at the general election of November 5, 1996. It became effective on December 21, 1996.] *** MEND *** *** MSTART 047 038.0 009.0 0 MI 1963 1996 *** Sec. 38. The Michigan veterans' trust fund board of trustees is established and consists of veterans honorably discharged from the armed services and appointed by the governor as prescribed by law. [This amendment was part of Proposal C, and passed by the voters at the general election of November 5, 1996. It became effective on December 21, 1996.] *** MEND *** *** MSTART 048 039.0 009.0 0 MI 1963 1996 *** Sec. 39. The Michigan veterans' trust fund board of trustees shall administer the Michigan veterans' trust fund. The board of trustees shall not authorize the expenditure or transfer of a trust fund asset, interest, or earnings unless the board of trustees determines in its discretion and by a majority vote that the expenditure or transfer is for the benefit of veterans or their spouses or dependents. [This amendment was part of Proposal C, and passed by the voters at the general election of November 5, 1996. It became effective on December 21, 1996.] *** MEND *** *** MSTART 049 008.0 008.0 0 MI 1963 1998 *** Section 8. Institutions, programs, and services for the care, treatment, education, or rehabilitation of those inhabitants who are physically, mentally, or otherwise seriously disabled shall always be fostered and supported. [This amendment was passed by the voters as Proposal A at the general election, held November 3, 1998. It became effective December 19, 1998.] *** MEND *** *** CEND ***