Bill Text: MI SJRD | 2009-2010 | 95th Legislature | Introduced
Bill Title: Legislature; legislators; legislator called for active military duty; amend constitution to establish temporary replacement. Amends sec. 8, art. IV of the state constitution.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Introduced - Dead) 2009-01-29 - Referred To Committee On Government Operations And Reform [SJRD Detail]
Download: Michigan-2009-SJRD-Introduced.html
SENATE JOINT RESOLUTION D
January 29, 2009, Introduced by Senators GARCIA, CROPSEY, PAPPAGEORGE, KUIPERS, HARDIMAN, BARCIA and OLSHOVE and referred to the Committee on Government Operations and Reform.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 8 of article IV, to
provide for temporary replacement members of the legislature if a
member is called to active military service.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to provide for temporary replacement members
of the legislature if a member is called to active military
service, is proposed, agreed to, and submitted to the people of the
state:
ARTICLE IV
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.
If a member of either house of the legislature who is a member
of the reserves or the national guard is called to active military
duty for more than 365 consecutive days, a temporary replacement
member shall be appointed to hold the office of the member until
the member is released from active military duty, until the member
is otherwise able to return to his or her duties as a legislator,
or until the expiration of the member's term of office. The member
shall appoint a resident elector of that district, selected by the
member, who is in the same political party as the member and who is
approved by the local political party of the member in the same
manner as the local political party selects a replacement to fill a
vacancy in the legislature that occurs after the primary election
and before the following general election as provided by law. The
temporary replacement member shall perform all duties, have the
same responsibilities, and receive the same compensation as a
member of the legislature. A member who is temporarily replaced may
run for reelection or for any other office subject to applicable
state or federal law.
While a temporary replacement member is appointed, the
member's salary shall be suspended. However, all medical health
benefits of the member shall remain in full force and effect.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.
