LRB-2182/1
RCT:wlj:jf
2011 - 2012 LEGISLATURE
August 18, 2011 - Introduced by Representatives Bewley, Hulsey, Jorgensen,
Pasch, Molepske Jr, Pocan, Hebl, Berceau, Kaufert, Ringhand, Clark,
Mason, Pope-Roberts, Milroy, Roys, Shilling and Bernard Schaber,
cosponsored by Senators Holperin, Wirch, Hansen, Miller, Vinehout, Risser,
S. Coggs and Lassa. Referred to Committee on Natural Resources.
AB218,1,3
1An Act to amend 15.05 (1) (c), 15.34 (2) (a) and 17.20 (1) of the statutes;
relating
2to: the appointment and term of service of the secretary of natural resources
3and vacancies on the Natural Resources Board.
Analysis by the Legislative Reference Bureau
Under current law, the secretary of natural resources is nominated by the
governor, and with the advice and consent of the senate appointed, to serve at the
pleasure of the governor. Under this bill, the secretary of natural resources is
nominated by the Natural Resources Board, and with the advice and consent of the
senate appointed, for a four-year term. As the appointing body, the Natural
Resources Board may remove the secretary from office at any time. The bill provides
that the secretary in office when the bill takes effect serves a four-year term
beginning when he or she was appointed.
Under current law, when an appointive state office that has a specific term
becomes vacant, because of a resignation or removal, for example, the new appointee
is appointed for the rest of the unexpired term. Under this bill, when the office of
secretary of natural resources becomes vacant, the new appointee serves a full
four-year term beginning when he or she is appointed.
Under current law, the Natural Resources Board consists of seven members
nominated by the governor, and with the advice and consent of the senate appointed,
for six-year terms. As with members of other state boards, a member of the Natural
Resources Board may continue to serve after the expiration of his or her term until
a successor is nominated and the senate consents to the nomination. This bill
provides that the position of a member of the Natural Resources Board nominated
after January 1, 2012, becomes vacant upon the expiration of the member's term.
This change triggers the application of a current provision under which the governor
may provisionally fill a vacancy, without the consent of the senate. The provisional
appointment remains in effect until the senate acts on the appointment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB218, s. 1
1Section
1. 15.05 (1) (c) of the statutes is amended to read:
AB218,2,42
15.05
(1) (c) The secretary of natural resources shall be nominated by the
3governor natural resources board, and with the advice and consent of the senate
4appointed,
to serve at the pleasure of the governor
for a 4-year term.
AB218, s. 2
5Section
2. 15.34 (2) (a) of the statutes is amended to read:
AB218,2,86
15.34
(2) (a) The natural resources board shall consist of 7 members appointed
7for staggered 6-year terms.
Upon the expiration of the term of a member nominated
8after January 1, 2012, the position that was held by the member is vacant.
AB218, s. 3
9Section
3. 17.20 (1) of the statutes is amended to read:
AB218,2,1710
17.20
(1) General. Vacancies in appointive state offices shall be filled by
11appointment by the appointing power and in the manner prescribed by law for
12making regular full term appointments thereto, and appointees to fill vacancies
13therein shall hold office for the residue of the unexpired term or, if no definite term
14of office is fixed by law, until their successors are appointed and qualify
, except that
15an appointee to fill a vacancy in the office of secretary of natural resources is
16appointed to a full 4-year term beginning on the date of appointment and
17qualification.
AB218,3,3
1(1) The secretary of natural resources serving on the effective date of this
2subsection shall serve a 4-year term beginning on the date on which the secretary
3was appointed by the governor.
