Michigan Constitution of 1963/Article 4

by The State of Michigan

§ 1 Legislative power.

Sec. 1. The legislative power of the State of Michigan is vested in a senate and a house of representatives.

§ 2 Senators, number, term.

Sec. 2. The senate shall consist of 38 members to be elected from single member districts at the same election as the governor for four-year terms concurrent with the term of office of the governor.

Senatorial districts, apportionment factors.

In districting the state for the purpose of electing senators after the official publication of the total population count of each federal decennial census, each county shall be assigned apportionment factors equal to the sum of its percentage of the state’s population as shown by the last regular federal decennial census computed to the nearest one-one hundredth of one percent multiplied by four and its percentage of the state’s land area computed to the nearest one-one hundredth of one percent.

Apportionment rules.

In arranging the state into senatorial districts, the apportionment commission shall be governed by the following rules:
(1) Counties with 13 or more apportionment factors shall be entitled as a class to senators in the proportion that the total apportionment factors of such counties bear to the total apportionment factors of the state computed to the nearest whole number. After each such county has been allocated one senator, the remaining senators to which this class of counties is entitled shall be distributed among such counties by the method of equal proportions applied to the apportionment factors.
(2) Counties having less than 13 apportionment factors shall be entitled as a class to senators in the proportion that the total apportionment factors of such counties bear to the total apportionment factors of the state computed to the nearest whole number. Such counties shall thereafter be arranged into senatorial districts that are compact, convenient, and contiguous by land, as rectangular in shape as possible, and having as nearly as possible 13 apportionment factors, but in no event less than 10 or more than 16. Insofar as possible, existing senatorial districts at the time of reapportionment shall not be altered unless there is a failure to comply with the above standards.
(3) Counties entitled to two or more senators shall be divided into single member districts. The population of such districts shall be as nearly equal as possible but shall not be less than 75 percent nor more than 125 percent of a number determined by dividing the population of the county by the number of senators to which it is entitled. Each such district shall follow incorporated city or township boundary lines to the extent possible and shall be compact, contiguous, and as nearly uniform in shape as possible.

History: Const. 1963, Art. IV, §2, Eff. Jan. 1, 1964.

Former Constitution: See Const. 1908, Art. V, §2.

§ 3 Representatives, number, term; contiguity of districts.

Sec. 3. The house of representatives shall consist of 110 members elected for two-year terms from single member districts apportioned on a basis of population as provided in this article. The districts shall consist of compact and convenient territory contiguous by land. Representative areas, single and multiple county.
Each county which has a population of not less than seven-tenths of one percent of the population of the state shall constitute a separate representative area. Each county having less than seven-tenths of one percent of the population of the state shall be combined with another county or counties to form a representative area of not less than seven-tenths of one percent of the population of the state. Any county which is isolated under the initial allocation as provided in this section shall be joined with that contiguous representative area having the smallest percentage of the state’s population. Each such representative area shall be entitled initially to one representative.

Apportionment of representatives to areas.

After the assignment of one representative to each of the representative areas, the remaining house seats shall be apportioned among the representative areas on the basis of population by the method of equal proportions.

Districting of single county area entitled to 2 or more representatives.

Any county comprising a representative area entitled to two or more representatives shall be divided into single member representative districts as follows:
(1) The population of such districts shall be as nearly equal as possible but shall not be less than 75 percent nor more than 125 percent of a number determined by dividing the population of the representative area by the number of representatives to which it is entitled.
(2) Such single member districts shall follow city and township boundaries where applicable and shall be composed of compact and contiguous territory as nearly square in shape as possible.

Districting of multiple county representative areas.

Any representative area consisting of more than one county, entitled to more than one representative, shall be divided into single member districts as equal as possible in population, adhering to county lines.

History: Const. 1963, Art. IV, §3, Eff. Jan. 1, 1964.

Former Constitution: See Const. 1908, Art. V, §3.

§ 4 Annexation or merger with a city.

Sec. 4. In counties having more than one representative or senatorial district, the territory in the same county annexed to or merged with a city between apportionments shall become a part of a contiguous representative or senatorial district in the city with which it is combined, if provided by ordinance of the city. The district or districts with which the territory shall be combined shall be determined by such ordinance certified to the secretary of state. No such change in the boundaries of a representative or senatorial district shall have the effect of removing a legislator from office during his term.

History: Const. 1963, Art. IV, §4, Eff. Jan. 1, 1964.

§ 5 Island areas, contiguity.

Sec. 5. Island areas are considered to be contiguous by land to the county of which they are a part.

History: Const. 1963, Art. IV, §5, Eff. Jan. 1, 1964.

§ 6 Commission on legislative apportionment.

Sec. 6. A commission on legislative apportionment is hereby established consisting of eight electors, four of whom shall be selected by the state organizations of each of the two political parties whose candidates for governor received the highest vote at the last general election at which a governor was elected preceding each apportionment. If a candidate for governor of a third political party has received at such election more than 25 percent of such gubernatorial vote, the commission shall consist of 12 members, four of whom shall be selected by the state organization of the third political party. One resident of each of the following four regions shall be selected by each political party organization: (1) the upper peninsula; (2) the northern part of the lower peninsula, north of a line drawn along the northern boundaries of the counties of Bay, Midland, Isabella, Mecosta, Newaygo and Oceana; (3) southwestern Michigan, those counties south of region (2) and west of a line drawn along the western boundaries of the counties of Bay, Saginaw, Shiawassee, Ingham, Jackson and Hillsdale; (4) southeastern Michigan, the remaining counties of the state.

Eligibility to membership.

No officers or employees of the federal, state or local governments, excepting notaries public and members of the armed forces reserve, shall be eligible for membership on the commission. Members of the commission shall not be eligible for election to the legislature until two years after the apportionment in which they participated becomes effective.

Appointment, term, vacancies.

The commission shall be appointed immediately after the adoption of this constitution and whenever apportionment or districting of the legislature is required by the provisions of this constitution. Members of the commission shall hold office until each apportionment or districting plan becomes effective. Vacancies shall be filled in the same manner as for original appointment.

Officers, rules of procedure, compensation, appropriation.

The secretary of state shall be secretary of the commission without vote, and in that capacity shall furnish, under the direction of the commission, all necessary technical services. The commission shall elect its own chairman, shall make its own rules of procedure, and shall receive compensation provided by law. The legislature shall appropriate funds to enable the commission to carry out its activities.

Call to convene; apportionment; public hearings.

Within 30 days after the adoption of this constitution, and after the official total population count of each federal decennial census of the state and its political subdivisions is available, the secretary of state shall issue a call convening the commission not less than 30 nor more than 45 days thereafter. The commission shall complete its work within 180 days after all necessary census information is available. The commission shall proceed to district and apportion the senate and house of representatives according to the provisions of this constitution. All final decisions shall require the concurrence of a majority of the members of the commission. The commission shall hold public hearings as may be provided by law.

Apportionment plan, publication; record of proceedings.

Each final apportionment and districting plan shall be published as provided by law within 30 days from the date of its adoption and shall become law 60 days after publication. The secretary of state shall keep a public record of all the proceedings of the commission and shall be responsible for the publication and distribution of each plan.

Disagreement of commission; submission of plans to supreme court.

If a majority of the commission cannot agree on a plan, each member of the commission, individually or jointly with other members, may submit a proposed plan to the supreme court. The supreme court shall determine which plan complies most accurately with the constitutional requirements and shall direct that it be adopted by the commission and published as provided in this section.

Jurisdiction of supreme court on elector’s application.

Upon the application of any elector filed not later than 60 days after final publication of the plan, the supreme court, in the exercise of original jurisdiction, shall direct the secretary of state or the commission to perform their duties, may review any final plan adopted by the commission, and shall remand such plan to the commission for further action if it fails to comply with the requirements of this constitution. History: Const. 1963, Art. IV, §6, Eff. Jan. 1, 1964. Transfer of powers: See §16.132.

§ 7 Legislators; qualifications, removal from district.

Sec. 7. Each senator and representative must be a citizen of the United States, at least 21 years of age, and an elector of the district he represents. The removal of his domicile from the district shall be deemed a vacation of the office. No person who has been convicted of subversion or who has within the preceding 20 years been convicted of a felony involving a breach of public trust shall be eligible for either house of the legislature. History: Const. 1963, Art. IV, §7, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §5.

§ 8 Ineligibility of government officers and employees.

Sec. 8. No person holding any office, employment or position under the United States or this state or a political subdivision thereof, except notaries public and members of the armed forces reserve, may be a member of either house of the legislature. History: Const. 1963, Art. IV, §8, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §6.

§ 9 Civil appointments, ineligibility of legislators.

Sec. 9. No person elected to the legislature shall receive any civil appointment within this state from the governor, except notaries public, from the legislature, or from any other state authority, during the term for which he is elected. History: Const. 1963, Art. IV, §9, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §7.

§ 10 Legislators and state officers, government contracts, conflict of interest.

Sec. 10. No member of the legislature nor any state officer shall be interested directly or indirectly in any contract with the state or any political subdivision thereof which shall cause a substantial conflict of interest. The legislature shall further implement this provision by appropriate legislation.

History: Const. 1963, Art. IV, §10, Eff. Jan. 1, 1964.

Former Constitution: See Const. 1908, Art. V, §§7, 25.

§ 11 Legislators privileged from civil arrest and civil process

§ 11 Legislators privileged from civil arrest and civil process; limitation; questioning for speech in either house prohibited.

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.

History: Const. 1963, Art. IV, §11, Eff. Jan. 1, 1964;—Am. S.J.R. A, approved Nov. 2, 1982, Eff. Dec. 18, 1982.

Former Constitution: See Const. 1908, Art. V, §8.

§ 12 State officers compensation commission.

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, 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, 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, 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, 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. History: Const. 1963, Art. IV, §12, Eff. Jan. 1, 1964;—Am. H.J.R. AAA, approved Aug. 6, 1968, Eff. Sept. 21, 1968;—Am. H.J.R. E, approved Aug. 6, 2002, Eff. Sept. 21, 2002.

§ 13 Legislature; time of convening, sine die adjournment, measures carried over.

Sec. 13. The legislature shall meet at the seat of government on the second Wednesday in January of each year at twelve o’clock noon. Each regular session shall adjourn without day, on a day determined by concurrent resolution, at twelve o’clock noon. Any business, bill or joint resolution pending at the final adjournment of a regular session held in an odd numbered year shall carry over with the same status to the next regular session. History: Const. 1963, Art. IV, §13, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §13.

§ 14 Quorum; powers of less than quorum.

Sec. 14. A majority of the members elected to and serving in each house shall constitute a quorum to do business. A smaller number in each house may adjourn from day to day, and may compel the attendance of absent members in the manner and with penalties as each house may prescribe. History: Const. 1963, Art. IV, §14, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §14.

§ 15 Legislative council.

Sec. 15. There shall be a bi-partisan legislative council consisting of legislators appointed in the manner prescribed by law. The legislature shall appropriate funds for the council’s operations and provide for its staff which shall maintain bill drafting, research and other services for the members of the legislature. The council shall periodically examine and recommend to the legislature revision of the various laws of the state. History: Const. 1963, Art. IV, §15, Eff. Jan. 1, 1964.

§ 16 Legislature; officers, rules of procedure, expulsion of members.

Sec. 16. Each house, except as otherwise provided in this constitution, shall choose its own officers and determine the rules of its proceedings, but shall not adopt any rule that will prevent a majority of the members elected thereto and serving therein from discharging a committee from the further consideration of any measure. Each house shall be the sole judge of the qualifications, elections and returns of its members, and may, with the concurrence of two-thirds of all the members elected thereto and serving therein, expel a member. The reasons for such expulsion shall be entered in the journal, with the votes and names of the members voting upon the question. No member shall be expelled a second time for the same cause. History: Const. 1963, Art. IV, §16, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §15.

§ 17 Committees; record of votes, public inspection, notice of hearings.

Sec. 17. Each house of the legislature may establish the committees necessary for the efficient conduct of its business and the legislature may create joint committees. On all actions on bills and resolutions in each committee, names and votes of members shall be recorded. Such vote shall be available for public inspection. Notice of all committee hearings and a clear statement of all subjects to be considered at each hearing shall be published in the journal in advance of the hearing. History: Const. 1963, Art. IV, §17, Eff. Jan. 1, 1964.

§ 18 Journal of proceedings; record of votes, dissents.

Sec. 18. Each house shall keep a journal of its proceedings, and publish the same unless the public security otherwise requires. The record of the vote and name of the members of either house voting on any question shall be entered in the journal at the request of one-fifth of the members present. Any member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal. History: Const. 1963, Art. IV, §18, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §16.

§ 19 Record of votes on elections and advice and consent.

Sec. 19. All elections in either house or in joint convention and all votes on appointments submitted to the senate for advice and consent shall be published by vote and name in the journal. History: Const. 1963, Art. IV, §19, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §17.

§ 20 Open meetings.

Sec. 20. The doors of each house shall be open unless the public security otherwise requires. History: Const. 1963, Art. IV, §20, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §18.

§ 21 Adjournments, limitations.

Sec. 21. Neither house shall, without the consent of the other, adjourn for more than two intervening calendar days, nor to any place other than where the legislature may then be in session. History: Const. 1963, Art. IV, §21, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §18.

§ 22 Bills.

Sec. 22. All legislation shall be by bill and may originate in either house. History: Const. 1963, Art. IV, §22, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §19.

§ 23 Style of laws.

Sec. 23. The style of the laws shall be: The People of the State of Michigan enact. History: Const. 1963, Art. IV, §23, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §20.

§ 24 Laws; object, title, amendments changing purpose.

Sec. 24. No law shall embrace more than one object, which shall be expressed in its title. No bill shall be altered or amended on its passage through either house so as to change its original purpose as determined by its total content and not alone by its title. History: Const. 1963, Art. IV, §24, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §§21, 22.

§ 25 Revision and amendment of laws; title references, publication of entire sections.

Sec. 25. No law shall be revised, altered or amended by reference to its title only. The section or sections of the act altered or amended shall be re-enacted and published at length. History: Const. 1963, Art. IV, §25, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §21.

§ 26 Bills; printing, possession, reading, vote on passage.

Sec. 26. No bill shall be passed or become a law at any regular session of the legislature until it has been printed or reproduced and in the possession of each house for at least five days. Every bill shall be read three times in each house before the final passage thereof. No bill shall become a law without the concurrence of a majority of the members elected to and serving in each house. On the final passage of bills, the votes and names of the members voting thereon shall be entered in the journal. History: Const. 1963, Art. IV, §26, Eff. Jan. 1, 1964. Compiler’s note: In Advisory Opinion on Constitutionality of 1978 PA 426, 403 Mich. 631, 272 N.W.2d 495 (1978), the Michigan supreme court held that the lieutenant governor may cast a tie-breaking vote during the final consideration of a bill when the senate is equally divided, and 1978 PA 426 was constitutionally enacted. Former Constitution: See Const. 1908, Art. V, §§22, 23.

§ 27 Laws, effective date.

Sec. 27. No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house. History: Const. 1963, Art. IV, §27, Eff. Jan. 1, 1964. Constitutionality: A law proposed by initiative petition which is enacted by the Legislature without change or amendment within forty days of its reception takes effect ninety days after the end of the session in which it was enacted unless two-thirds of the members of each house of the Legislature vote to give it immediate effect. Frey v. Department of Management and Budget, 429 Mich. 315, 414 N.W.2d 873 (1987). Former Constitution: See Const. 1908, Art. V, §21.

§ 28 Bills, subjects at special session.

Sec. 28. When the legislature is convened on extraordinary occasions in special session no bill shall be passed on any subjects other than those expressly stated in the governor’s proclamation or submitted by special message. History: Const. 1963, Art. IV, §28, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §22.

§ 29 Local or special acts.

Sec. 29. The legislature shall pass no local or special act in any case where a general act can be made applicable, and whether a general act can be made applicable shall be a judicial question. No local or special act shall take effect until approved by two-thirds of the members elected to and serving in each house and by a majority of the electors voting thereon in the district affected. Any act repealing local or special acts shall require only a majority of the members elected to and serving in each house and shall not require submission to the electors of such district. History: Const. 1963, Art. IV, §29, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §30.

§ 30 Appropriations; local or private purposes.

Sec. 30. The assent of two-thirds of the members elected to and serving in each house of the legislature shall be required for the appropriation of public money or property for local or private purposes. History: Const. 1963, Art. IV, §30, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §24.

§ 31 General appropriation bills; priority, statement of estimated revenue.

Sec. 31. The general appropriation bills for the succeeding fiscal period covering items set forth in the budget shall be passed or rejected in either house of the legislature before that house passes any appropriation bill for items not in the budget except bills supplementing appropriations for the current fiscal year’s operation. Any bill requiring an appropriation to carry out its purpose shall be considered an appropriation bill. One of the general appropriation bills as passed by the legislature shall contain an itemized statement of estimated revenue by major source in each operating fund for the ensuing fiscal period, the total of which shall not be less than the total of all appropriations made from each fund in the general appropriation bills as passed. History: Const. 1963, Art. IV, §31, Eff. Jan. 1, 1964.

§ 32 Laws imposing taxes.

Sec. 32. Every law which imposes, continues or revives a tax shall distinctly state the tax. History: Const. 1963, Art. IV, §32, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. X, §6.

§ 33 Bills passed; approval by governor or veto, reconsideration by legislature.

Sec. 33. Every bill passed by the legislature shall be presented to the governor before it becomes law, and the governor shall have 14 days measured in hours and minutes from the time of presentation in which to consider it. If he approves, he shall within that time sign and file it with the secretary of state and it shall become law. If he does not approve, and the legislature has within that time finally adjourned the session at which the bill was passed, it shall not become law. If he disapproves, and the legislature continues the session at which the bill was passed, he shall return it within such 14-day period with his objections, to the house in which it originated. That house shall enter such objections in full in its journal and reconsider the bill. If two-thirds of the members elected to and serving in that house pass the bill notwithstanding the objections of the governor, it shall be sent with the objections to the other house for reconsideration. The bill shall become law if passed by two-thirds of the members elected to and serving in that house. The vote of each house shall be entered in the journal with the votes and names of the members voting thereon. If any bill is not returned by the governor within such 14-day period, the legislature continuing in session, it shall become law as if he had signed it. History: Const. 1963, Art. IV, §33, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §36.

§ 34 Bills, referendum.

Sec. 34. Any bill passed by the legislature and approved by the governor, except a bill appropriating money, may provide that it will not become law unless approved by a majority of the electors voting thereon. History: Const. 1963, Art. IV, §34, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §38.

§ 35 Publication and distribution of laws and judicial decisions.

Sec. 35. All laws enacted at any session of the legislature shall be published in book form within 60 days after final adjournment of the session, and shall be distributed in the manner provided by law. The prompt publication of judicial decisions shall be provided by law. All laws and judicial decisions shall be free for publication by any person. History: Const. 1963, Art. IV, §35, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §39.

§ 36 General revision of laws; compilation of laws.

Sec. 36. No general revision of the laws shall be made. The legislature may provide for a compilation of the laws in force, arranged without alteration, under appropriate heads and titles. History: Const. 1963, Art. IV, §36, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §40.

§ 37 Administrative rules, suspension by legislative committee.

Sec. 37. The legislature may by concurrent resolution empower a joint committee of the legislature, acting between sessions, to suspend any rule or regulation promulgated by an administrative agency subsequent to the adjournment of the last preceding regular legislative session. Such suspension shall continue no longer than the end of the next regular legislative session. History: Const. 1963, Art. IV, §37, Eff. Jan. 1, 1964.

§ 38 Vacancies in office.

Sec. 38. The legislature may provide by law the cases in which any office shall be vacant and the manner of filling vacancies where no provision is made in this constitution. History: Const. 1963, Art. IV, §38, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. XVI, §5.

§ 39 Continuity of government in emergencies.

Sec. 39. In order to insure continuity of state and local governmental operations in periods of emergency only, resulting from disasters occurring in this state caused by enemy attack on the United States, the legislature may provide by law for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and enact other laws necessary and proper for insuring the continuity of governmental operations. Notwithstanding the power conferred by this section, elections shall always be called as soon as possible to fill any vacancies in elective offices temporarily occupied by operation of any legislation enacted pursuant to the provisions of this section. History: Const. 1963, Art. IV, §39, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. XVI, §5.

§ 40 Alcoholic beverages; age requirement; liquor control commission; excise tax; local option.

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. History: Const. 1963, Art. IV, §40, Eff. Jan. 1, 1964;—Am. Init., approved Nov. 7, 1978, Eff. Dec. 23, 1978. Former Constitution: See Const. 1908, Art. XVI, §11.

§ 41 Lotteries.

Sec. 41. The legislature may authorize lotteries and permit the sale of lottery tickets in the manner provided by law. No law enacted after January 1, 2004, that authorizes any form of gambling shall be effective, nor after January 1, 2004, shall any new state lottery games utilizing table games or player operated mechanical or electronic devices be established, without the approval of a majority of electors voting in a statewide general election and a majority of electors voting in the township or city where gambling will take place. This section shall not apply to gambling in up to three casinos in the City of Detroit or to Indian tribal gaming. History: Const. 1963, Art. IV, §41, Eff. Jan. 1, 1964;—Am. H.J.R. V, approved May 16, 1972, Eff. July 1, 1972;—Am. Init., approved Nov. 2, 2004, Eff. Dec. 18, 2004. Former Constitution: See Const. 1908, Art. V, §33.

§ 42 Ports and port districts; incorporation, internal.

Sec. 42. The legislature may provide for the incorporation of ports and port districts, and confer power and authority upon them to engage in work of internal improvements in connection therewith. History: Const. 1963, Art. IV, §42, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. VIII, §30.

§ 43 Bank and trust company laws.

Sec. 43. No general law providing for the incorporation of trust companies or corporations for banking purposes, or regulating the business thereof, shall be enacted, amended or repealed except by a vote of two-thirds of the members elected to and serving in each house. History: Const. 1963, Art. IV, §43, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. XII, §9.

§ 44 Trial by jury in civil cases.

Sec. 44. The legislature may authorize a trial by a jury of less than 12 jurors in civil cases. History: Const. 1963, Art. IV, §44, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §27.

§ 45 Indeterminate sentences.

Sec. 45. The legislature may provide for indeterminate sentences as punishment for crime and for the detention and release of persons imprisoned or detained under such sentences. History: Const. 1963, Art. IV, §45, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §28.

§ 46 Death penalty.

Sec. 46. No law shall be enacted providing for the penalty of death. History: Const. 1963, Art. IV, §46, Eff. Jan. 1, 1964.

§ 47 Chaplains in state institutions.

Sec. 47. The legislature may authorize the employment of chaplains in state institutions of detention or confinement. History: Const. 1963, Art. IV, §47, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §26.

§ 48 Disputes concerning public employees.

Sec. 48. The legislature may enact laws providing for the resolution of disputes concerning public employees, except those in the state classified civil service. History: Const. 1963, Art. IV, §48, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. XVI, §7.

§ 49 Hours and conditions of employment.

Sec. 49. The legislature may enact laws relative to the hours and conditions of employment. History: Const. 1963, Art. IV, §49, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. V, §29.

§ 50 Atomic and new forms of energy.

Sec. 50. The legislature may provide safety measures and regulate the use of atomic energy and forms of energy developed in the future, having in view the general welfare of the people of this state. History: Const. 1963, Art. IV, §50, Eff. Jan. 1, 1964.

§ 51 Public health and general welfare.

Sec. 51. The public health and general welfare of the people of the state are hereby declared to be matters of primary public concern. The legislature shall pass suitable laws for the protection and promotion of the public health. History: Const. 1963, Art. IV, §51, Eff. Jan. 1, 1964.

§ 52 Natural resources; conservation, pollution, impairment, destruction.

Sec. 52. The conservation and development of the natural resources of the state are hereby declared to be of paramount public concern in the interest of the health, safety and general welfare of the people. The legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction. History: Const. 1963, Art. IV, §52, Eff. Jan. 1, 1964.

§ 53 Auditor general; appointment, qualifications, term, removal, post audits.

Sec. 53. The legislature by a majority vote of the members elected to and serving in each house, shall appoint an auditor general, who shall be a certified public accountant licensed to practice in this state, to serve for a term of eight years. He shall be ineligible for appointment or election to any other public office in this state from which compensation is derived while serving as auditor general and for two years following the termination of his service. He may be removed for cause at any time by a two-thirds vote of the members elected to and serving in each house. The auditor general shall conduct post audits of financial transactions and accounts of the state and of all branches, departments, offices, boards, commissions, agencies, authorities and institutions of the state established by this constitution or by law, and performance post audits thereof.

Independent investigations; reports.

The auditor general upon direction by the legislature may employ independent accounting firms or legal counsel and may make investigations pertinent to the conduct of audits. He shall report annually to the legislature and to the governor and at such other times as he deems necessary or as required by the legislature. He shall be assigned no duties other than those specified in this section.

Governing boards of institutions of higher education.

Nothing in this section shall be construed in any way to infringe the responsibility and constitutional authority of the governing boards of the institutions of higher education to be solely responsible for the control and direction of all expenditures from the institutions’ funds.

Staff members, civil service.

The auditor general, his deputy and one other member of his staff shall be exempt from classified civil service. All other members of his staff shall have classified civil service status. History: Const. 1963, Art. IV, §53, Eff. Jan. 1, 1964.

§ 54 Limitations on terms of office of state legislators.

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 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. History: Add. Init. approved Nov. 3, 1992, Eff. Dec. 19, 1992.