February 27, 2003, Introduced by Senators McMANUS, GARCIA, CROPSEY, ALLEN, JELINEK and JACOBS and referred to the Committee on Local, Urban and State Affairs.
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:
1 ARTICLE IV
2 Sec. 8. No person holding any office, employment or
3 position under the United States or this state or a political
4 subdivision thereof, except notaries public and members of the
5 armed forces reserve, may be a member of either house of the
1 legislature.
2 If a member of either house of the legislature is called to
3 active military duty, the governor shall appoint a temporary
4 replacement member to hold the office of the member until the
5 member is released from active military duty or otherwise able to
6 return to his or her duties as a legislator. The governor shall
7 appoint a resident of that district who is nominated by the
8 member, in the same political party as the member, and nominated
9 by the local political party of the member as provided by law.
10 The temporary replacement member shall perform all duties, have
11 the same responsibilities, and receive the same compensation as a
12 member of the legislature. If the member is on active military
13 duty and is unable to run for reelection, the temporary
14 replacement member is entitled to run for the member's office for
15 the member, unless otherwise provided in this constitution.
16 While a temporary replacement member is appointed, the
17 member's salary shall be suspended. However, all medical health
18 benefits of the member shall remain in full force and effect.
19 Resolved further, That the foregoing amendment shall be
20 submitted to the people of the state at the next general election
21 in the manner provided by law.