SECTION 5. Sections 1 and 12 of
article VII of the constitution are amended to read:
[Article VII] Section 1 (1) The court for the trial of impeachments shall be composed of the senate. The assembly shall have the power of impeaching all civil officers of this state for corrupt conduct in office, or for crimes and misdemeanors; but a majority of all the members elected shall concur in an impeachment. On the trial of an impeachment against the governor, the lieutenant governor shall not act as a member of the court. No judicial officer shall exercise his that office, after he shall have the judicial officer has been impeached, until his acquittal acquitted.
(2) Before the trial of an impeachment the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to evidence; and no person shall be convicted without the concurrence of two-thirds of the members present.
(3) Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold any office of honor, profit or trust under the state; but the party impeached shall be liable to indictment, trial and punishment according to law.
Section 12 (1) There shall be a clerk of the circuit court chosen in each county organized for judicial purposes by the qualified electors thereof, who shall hold his office for two 2 years, subject to removal as shall be provided by law; in.
(2) In case of a vacancy, the judge of the circuit court shall have power to may appoint a clerk until the vacancy shall be is filled by an election; the. The clerk of the circuit court thus elected or appointed shall give such security as the legislature may require requires by law.
(3) The supreme court shall appoint its own clerk, and may appoint a clerk of the circuit court may to be appointed a the clerk of the supreme court.
SECTION 6. Section 3a of
article XI of the constitution is amended to read:
[Article XI] Section 3a (1) The state or any of its counties, cities, towns or villages may acquire by gift, dedication, purchase, or condemnation lands for establishing, laying out, widening, enlarging, extending, and maintaining memorial grounds, streets, highways, squares, parkways, boulevards, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same; and after the establishment, layout, and completion of such improvements, may convey any such real estate thus acquired and not necessary for such improvements, with reservations concerning the future use and occupation of such real estate, so as to protect such public works and improvements, and their environs, and to preserve the view, appearance, light, air, and usefulness of such public works.
(2) If the governing body of a county, city, town or village elects to accept a gift or dedication of land made on condition that the land be devoted to a special purpose and the condition subsequently becomes impossible or impracticable, such governing body may by resolution or ordinance enacted by a two-thirds vote of its members elect either to grant the land back to the donor or dedicator or his the donor's or dedicator's heirs or accept from the donor or dedicator or his the donor's or dedicator's heirs a grant relieving the county, city, town or village of the condition; however, if the donor or dedicator or his the donor's or dedicator's heirs are unknown or cannot be found, such resolution or ordinance may provide for the commencement of proceedings in the manner and in the courts as the legislature shall designate by law for the purpose of relieving the county, city, town or village from the condition of the gift or dedication.
SECTION 7. Sections 4, 11 and 12 (6) of
article XIII of the constitution are amended to read:
[Article XIII] Section 4. It shall be the duty of the The legislature to shall, by law, provide a great seal for the state, which shall be kept by the secretary of state, and all official acts of the governor, his
the governor's approbation of the laws excepted, shall be thereby authenticated.
Section 11 (1) No person, association, copartnership
, or corporation, shall promise, offer or give, for any purpose, to any political committee, or any member or employe thereof, to any candidate for, or incumbent of any office or position under the constitution or laws, or under any ordinance of any town or municipality, of this state, or to any person at the request or for the advantage of all or any of them, any free pass or frank, or any privilege withheld from any person, for the traveling accommodation or transportation of any person or property, or the transmission of any message or communication.
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(2) No political committee, and no member or employe thereof, no candidate for and no incumbent of any office or position under the constitution or laws, or under any ordinance of any town or municipality of this state, shall ask for, or accept, from any person, association, copartnership, or corporation, or use, in any manner, or for any purpose, any free pass or frank, or any privilege withheld from any person, for the traveling accommodation or transportation of any person or property, or the transmission of any message or communication.
(3) Any violation of any of the above provisions sub. (1) or (2) shall be bribery and punished as provided by law, and if. If any officer or any member of the legislature be guilty thereof, his of violating sub. (1) or (2), the officer's or member's office shall become vacant.
(4) No person within the purview of this act shall be privileged from testifying in relation to anything therein prohibited; and no person having so testified shall be liable to any prosecution or punishment for any offense concerning which he the person was required to give his any testimony or produce any documentary evidence. Notaries
(5) This section does not apply to notaries public
and or to regular employes of a railroad or other public utilities utility who are candidates for or hold public offices for which the annual compensation is not more than three hundred dollars $300 to whom no passes or privileges are extended beyond those which that are extended to other regular employes of such corporations are excepted from the provisions of this section.
Section 12 (6) After one such petition and recall election, no further recall petition shall be filed against the same officer during the term for which he the officer was elected.
SECTION 8. Reconciliation with other constitutional amendments. In recommending the constitutional amendments contained in the present joint resolution to the 1995 legislature for 2nd consideration approval and to the people for ratification, the 1993 legislature expresses its intent to limit the effect of the present joint resolution to nonsubstantive changes removing from the constitution of this state any remaining unnecessary references to the masculine gender. If, prior to or simultaneously with the ratification of the amendments contained in this resolution, the people of this state ratify any other constitutional amendment making substantive changes in any of the sections of the constitution treated in the present joint resolution, then the wording and structure of such section or sections of the constitution as affected by the substantive-change amendment shall control.
Be it further resolved, That this proposed amendment be referred to the legislature to be chosen at the next general election and that it be published for 3 months previous to the time of holding such election.
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1993 Senate Joint Resolution 49 Enrolled No. 27
To amend section 24 (6) (a) of
article IV of the constitution,
relating to authorizing a sports lottery, with the proceeds dedicated to athletic facilities (first consideration).
Resolved by the senate, the assembly concurring, That:
SECTION 1. Section 24 (6) (a) of
article IV of the constitution, as affected by 1993 Enrolled Joint Resolution 3, is amended to read:
[Article IV] Section 24 (6) (a) The legislature may authorize the creation of a lottery to be operated by the state as provided by law. The expenditure of public funds or of revenues derived from lottery operations to engage in promotional advertising of the Wisconsin state lottery is prohibited. Any advertising of the state lottery shall indicate the odds of a specific lottery ticket to be selected as the winning ticket for each prize amount offered. The net proceeds of the state lottery shall be deposited in the treasury of the state, to be used for property tax relief as provided by law. As part of the lottery authorized under this subsection, the state may operate separate and distinct lottery games denominated the Wisconsin sports lottery, and the proceeds of the Wisconsin sports lottery shall be dedicated to athletic facilities as provided by law.
Be it further resolved, That this proposed amendment be referred to the legislature to be chosen at the next general election and that it be published for 3 months previous to the time of holding such election.
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COMMUNICATIONS
December 15, 1994
Mr. Tom Melvin
Assembly Chief Clerk
Room 402, 1 East Main
Madison, Wisconsin 53702
Dear Tom:
This letter is to inform you of the results of the Assembly Republican Leadership elections held in caucus on November 15, 1994:
Majority Floor Leader: Scott Jensen
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Assistant Majority Leader: Judy Klusman
Majority Caucus Chair: Mark Green
Majority Caucus Vice-Chair: Daniel Vrakas
Majority Caucus Secretary: Bonnie Ladwig
Majority Caucus Sergeant-at-Arms: Dean Kaufert
Sincerely yours,
MARK GREEN
Republican Caucus Chairperson
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December 15, 1994
Mr. Thomas T. Melvin
Assembly Chief Clerk
Room 402, One East Main St.
Madison, Wisconsin 53702
Dear Tom:
Pursuant to Assembly Rule
2 (2), the following officers have been duly elected by the Assembly Democratic members:
Minority Leader: Walter Kunicki
Assistant Minority Leader: Marlin Schneider
Minority Caucus Chairperson: Rosemary Potter
Minority Caucus Vice-Chair: Judith Robson
Minority Caucus Secretary: John La Fave
Minority Caucus Sergeant-at-Arms: Spencer Black and Spencer Coggs
Sincerely,
ROSEMARY POTTER
Democratic Caucus Chair
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State of Wisconsin
Wisconsin Legislature
Assembly Chamber
Madison
December 30, 1994
Representative David Plombon
Route 1, Box 73
Stanley, Wisconsin 54768
Dear Representative Plombon:
We are writing to you in our official capacities, representing the elected leadership of both parties within the Assembly.
Official sanctions of members of the Assembly have historically been connected to acts done by an offending member within that person's official role. Official sanctions imposed upon a member for acts not connected to the member's official role put the Assembly in uncharted territory and pose the danger of creating a precedent that could be abused in the future.
Nonetheless, your conduct over the past year, culminating in your arrest and conviction for unlawful possession of a controlled substance, requires an official response. With the concurrence of other leaders, after examining the full range of available options, we have concluded that a letter of reprimand is an appropriate expression of disapproval. This letter will permit us to avoid any action which could injure the interests of the electors of the 68th District, who placed their trust in you to represent them at the Capitol.
Wisconsin legislators must anticipate close scrutiny and are expected to set a high standard in their personal conduct. Twice last year before the election, your actions violated the law and represented departures from proper conduct. You promised your constituents to reform and they responded by giving you another chance to represent and serve them. This vote of confidence was followed by a third arrest, this time for unlawful possession of drugs.
The public is deeply concerned about the unlawful use of drugs. Your most recent violation, coming on the heels of other actions, seriously undermines the public trust which exists between citizens and their elected representatives. It reflects unfavorably on the Assembly as an institution. It requires condemnation. Therefore, in our representative capacity as leaders of both political parties, we jointly forward this letter of reprimand and call upon you to conform your conduct to the high standards associated with your elected office.
Sincerely,
WALTER KUNICKI DAVID PROSSER
Assembly Speaker Assembly Speaker-designate
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Representative Jensen moved that the assembly stand adjourned until 10:00 A.M. tomorrow.
The question was: Shall the assembly stand adjourned?
Motion carried.
The assembly stood adjourned.
3:42 P.M.
