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The right to criticize government is also an obligation to know what you are talking about.
-Lent Upson, 1st Executive Director of CRC
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This page analyzes an issue that will appear on Michigan's statewide ballot at the November 7, 2006 general election. The Citizens Research Council of Michigan does not endorse candidates for office or take position on ballot issues. In analyzing these ballot issues, CRC hopes to provide more information so that voters can make better informed decisions in formulating their vote.
Proposal 2006-01: Constitutional Protection of DNR Funds
At the November 7, 2006, general election Michigan voters will be presented with a legislatively proposed amendment to the State Constitution to protect Department of Natural Resource funds. The proposed amendment would add sections 40-42 to Article IX in the State Constitution. Nine funds or accounts that currently exist in state law would be granted constitional protection from diversion for purposes other than those intended. |
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The amendment is intended to protect the funds and accounts that currently exist in Public Act 451 of 1994, the Natural Resources and Environmental Protection Act, from future diversions for purposes other than those intended. The language of the proposed amendment is nearly identical to current statute. The proposal would extend the length of the Michigan Constitution by 1,834 words, a full six percent. A lengthy and complex state Constitution limits the ability of lawmakers to exercise the judgment they were elected to provide.
CRC was able to identify only one diversion of resources from these funds and accounts in the recent past, a FY02 diversion of $7.8 million from the Waterways Fund to help balance the state's general fund budget. Some of the funds and accounts have seen their balances decline in recent years, but those declines can be traced to reduced participation in certain activities and a decline in support from the state general fund. The activities taxed for these funds and accounts are heavily dependent on the weather. There might be fewer hunters, fishermen, and snowmobilers when the weather does not cooperate, but expenditures are still made out of these funds, thus resulting in reduced balances. As the State's budget troubles have worsened, money these funds received from the general fund has decreased considerably, forcing the revenues from user fees to play a more substantial role in funding the programs.
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CRC's Analysis |
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Ballot Language |
Read Amendment |
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The Ballot Proposal Process in Michigan: A Synopsis
There are four methods whereby a proposal can be placed on the statewide ballot in Michigan: (1) statutory initiative, (2) voter referendum, (3) legislative referendum, and (4) constitutional amendment.
STATUTORY INITIATIVE is defined by Section 9 of Article 2 of the Michigan Constitution as the power which the people reserve to themselves "to propose laws and to enact and reject laws." The power of initiative extends to any law the Legislature may enact and is invoked by filing petitions containing signatures of registered voters equal in number to at least eight percent of the total votes cast in the last election for governor. The Legislature is required to enact, without modification, or reject any proposed initiative within 40 session days. An initiative not enacted by the Legislature is placed on the statewide ballot at the next general election. A law that is initiated or adopted by the people is not subject to gubernatorial veto and one adopted by voters cannot subsequently be amended or repealed except by the voters or by a three-fourths vote of the Legislature.
VOTER REFERENDUM is defined by Section 9 of Article 2 of the Michigan Constitution as the power "to approve and reject laws enacted by the legislature." Referendum must be invoked, within 90 days of final adjournment of the legislative session during which the law in question was enacted, by filing petitions containing signatures of registered voters equal in number to at least five percent of the total votes cast for governor in the last general election. The effect of invoking a referendum is to suspend the law in question until voters approve or reject it at the next general election.
LEGISLATIVE REFERENDUM is authorized by Section 34 of Article 4 of the Michigan Constitution, which provides that "[a]ny 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."
CONSTITUTIONAL AMENDMENT is authorized by Sections 1 and 2 of Article 12 of the Michigan Constitution and may be proposed either by a two-thirds vote of the Legislature or by filing petitions containing signatures of registered voters equal in number to at least ten percent of the total votes cast for governor in the last general election.
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Last Updated October 23, 2006
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