LRB-1696/3
PJD:kmg:ch
1995 - 1996 LEGISLATURE
January 26, 1995 - Introduced by Representatives Johnsrud, Baldwin, Albers,
Ott, Duff, Krug, R. Young, Black, Hanson, Freese, Hahn, Bell, R. Potter,
Baldus, La Fave, Musser, Bock, Schneiders, Huber, Springer, Riley, Wilder,
Goetsch, Boyle, Notestein, Lorge, Olsen and Lehman, cosponsored by
Senators Rude, Cowles, Clausing and C. Potter. Referred to Committee on
Elections and Constitutional Law.
AJR12,1,5
1To amend sections 3, 7, 9, 19 and 21 (2) of article I, sections 6, 12, 13 and 23a of article
2IV, sections 4 and 6 of article V, section 2 of article VI, sections 1 and 12 of article
3VII, section 3a of article XI and sections 4, 11 and 12 (6) of article XIII of the
4constitution;
relating to: removing from the constitution unnecessary
5references to the masculine gender (2nd consideration).
Analysis by the Legislative Reference Bureau
This constitutional amendment, to be given 2nd consideration by the
1995
legislature for submittal to the voters in April 1995, was considered by the 1993
legislature as 1993 Assembly Joint Resolution 121 (1993 Enrolled Joint Resolution
21).
Explanation of Proposal
Gender-neutral text. This constitutional amendment removes from the
constitution any remaining unnecessary masculine gender pronouns ("he", "his",
"him", "himself") and substitutes references to the specific officer or other
appropriate gender-neutral text.
Paragraphing. In addition to the text changes, this joint resolution also breaks
some constitutional provisions into subsections to facilitate future amendment and
to avoid conflict with other proposed constitutional amendments to such provisions,
which may be considered by this legislature.
Reconciliation with other amendments. Section 8 of 1993 Assembly Joint
Resolution 121 expresses the legislature's "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". In case of a
conflict with a substantive change enacted by a different constitutional amendment
intended to be substantive, the substantive-change amendment controls.
Procedure for 2nd Consideration
When a constitutional amendment is before the current legislature on 2nd
consideration, any change in the text approved by the preceding legislature reverts
the proposal to first consideration status so that 2nd consideration approval would
have to be given by the next legislature before the proposal could be submitted to the
people for ratification [see joint rule 57 (2) (b)].
The decision of whether to approve a proposed constitutional amendment on
2nd consideration is up to the legislature. If the legislature approves a proposed
constitutional amendment on 2nd consideration, it must also set the date for
submitting the constitutional amendment to the people for ratification and must
determine the question or questions to be printed on the ballot.
1995 Spring Election
Because of the time required for publication of election notices and distribution
of election supplies, the elections board estimates that this joint resolution would
have to pass both houses no later than February 21, 1995, to be placed on the ballot
for the April 4, 1995, spring election.
AJR12,2,41
Whereas, the
1993 legislature in regular session proposed an amendment to
2the constitution by 1993 Assembly Joint Resolution 121 (Enrolled Joint Resolution
321) and agreed to it by a majority of the members elected to each of the 2 houses,
4which amendment reads as follows:
AJR12, s. 1
Section
1. Sections 3, 7, 9, 19 and 21 (2) of article I of the
constitution are amended to read:
[Article I] Section 3. Every person All persons may freely speak,
write and publish his their sentiments on all subjects, being responsible
for the abuse of that right, and no laws shall be passed to restrain or
abridge the liberty of speech or of the press. In all criminal prosecutions
or indictments for libel, the truth may be given in evidence, and if it shall
appear appears to the jury that the matter charged as libelous be true, and
was published with good motives and for justifiable ends, the party shall
be acquitted; and the jury shall have the right to determine the law and
the fact.
AJR12, s. 7
Section 7. In all criminal prosecutions the accused
and counsel for
the accused shall enjoy the right to be heard
by himself and counsel; to
demand the nature and cause of the accusation against
him the accused;
to meet the witnesses face to face; to have compulsory process to compel
the attendance of witnesses
in his on behalf
of the accused; and in
prosecutions by indictment, or information, to a speedy public trial by an
impartial jury of the county or district wherein the offense
shall have been was committed; which county or district shall have been previously
ascertained by law.
AJR12, s. 9
Section 9. Every person is entitled to a certain remedy in the laws
for all injuries, or wrongs which
he the person may receive in
his the
person's person, property, or character;
he every person ought to obtain
justice freely, and without being obliged to purchase it, completely and
without denial, promptly and without delay, conformably to the laws.
AJR12, s. 19
Section 19. No religious tests shall ever be required as a qualification
for any office of public trust under the state, and no person shall be
rendered incompetent to give evidence in any court of law or equity in
consequence of
his the person's opinions on the subject of religion.
Section 21 (2) In any court of this state, any suitor may prosecute
or defend his the person's suit either in his the person's own proper person
or by an attorney of the suitor's choice.
AJR12, s. 2
Section
2. Sections 6, 12, 13 and 23a of article IV of the constitution
are amended to read:
[Article IV] Section 6. No person shall be eligible to the legislature
who shall not have resided one year within the state, and be a qualified
elector in the district which he the person may be chosen to represent.
AJR12, s. 12
Section 12. No member of the legislature shall, during the term for
which
he the legislator was elected, be appointed or elected to any civil
office in the state, which shall have been created, or the emoluments of
which shall have been increased, during the term for which
he the
legislator was elected.
AJR12, s. 13
Section 13. No person
being who is a member of congress, or
holding who holds any military or civil office under the United States, shall be
eligible to a seat in the legislature; and if any person shall, after
his the
person's election as a member of the legislature, be elected to congress, or
be appointed to any office, civil or military, under the government of the
United States,
his the person's acceptance thereof shall vacate
his the
person's seat. This restriction shall not prohibit a legislator from
accepting short periods of active duty as a member of the reserve or from
serving in the armed forces during any emergency declared by the
executive.
Section 23a (1) Every resolution or ordinance passed by the county
board in any county shall, before it becomes effective, be presented to the
chief executive officer. If he the chief executive officer approves, he the
chief executive officer shall sign it; if not, he
the chief executive officer
shall return it with his the chief executive officer's objections, which
objections shall be entered at large upon the journal and the board shall
proceed to reconsider the matter.
(2) Appropriations may be approved in whole or in part by the chief
executive officer and the part approved shall become law, and the part
objected to shall be returned in the same manner as provided for in other
resolutions or ordinances.
(3) If, after such reconsideration, two-thirds of the members-elect
of the county board agree to pass the resolution or ordinance or the part
of the resolution or ordinance objected to, it shall become effective on the
date prescribed but not earlier than the date of passage following
reconsideration.
(4) In all such cases, the votes of the members of the county board
shall be determined by ayes and noes and the names of the members
voting for or against the resolution or ordinance or the part thereof
objected to shall be entered on the journal.
(5) If any resolution or ordinance is not returned by the chief
executive officer to the county board at its first meeting occurring not less
than 6 days, Sundays excepted, after it has been
was presented to him the
chief executive officer, it shall become effective unless the county board
has recessed or adjourned for a period in excess of 60 days, in which case
it shall not be effective without his the chief executive officer's approval.
AJR12, s. 3
Section
3. Sections 4 and 6 of article V of the constitution are
amended to read:
[Article V] Section 4 (1) The governor shall be commander in chief
of the military and naval forces of the state. He shall have power to
(2) The governor may convene the legislature on extraordinary
occasions, and in case of invasion, or danger from the prevalence of
contagious disease at the seat of government, he
the governor may
convene them the legislature at any other suitable place within the state.
He
(3) The governor shall communicate to the legislature, at every
session, the condition of the state, and recommend such matters to
them
the legislature for their its consideration as he may deem the governor
deems expedient. He
(4) The governor shall transact all necessary business with the
officers of the government, civil and military. He
(5) The governor shall expedite all such measures as may be resolved
upon by the legislature, and shall take care that the laws be faithfully
executed.
Section 6 (1) The governor shall have power to may grant reprieves,
commutations and pardons, after conviction, for all offenses, except
treason and cases of impeachment, upon such conditions and with such
restrictions and limitations as he may think the governor thinks proper,
subject to such regulations as may be provided by law relative to the
manner of applying for pardons.
(2) Upon conviction for treason he shall have the power to, the
governor may suspend the execution of the sentence until the case
shall
be is reported to the legislature at its next meeting, when the legislature
shall either pardon, or commute the sentence, direct the execution of the
sentence, or grant a further reprieve. He
(3) The governor shall annually communicate to the legislature each
case of reprieve, commutation or pardon granted, stating the name of the
convict, the crime of which he that person was convicted, the sentence and
its date, and the date of the commutation, pardon or reprieve, with
his the
governor's reasons for granting the same.
AJR12, s. 4
Section
4. Section 2 of article VI of the constitution is amended to
read:
[Article VI] Section 2. The secretary of state shall keep a fair record
of the official acts of the legislature and executive department of the state,
and shall, when required, lay the same and all matters relative thereto
before either branch of the legislature. He The secretary of state shall
perform such other duties as shall be are assigned him to the secretary of
state by law. He The secretary of state shall receive as a compensation for
his services yearly such sum as shall be is provided by law, and shall keep
his the office of the secretary of state at the seat of government.
AJR12, s. 5
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.
AJR12, s. 6
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.
AJR12, s. 7
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.
(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.
AJR12, s. 8
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.
AJR12,7,3
1Now, therefore, be it resolved by the assembly, the Senate concurring,
2That the foregoing amendment to the constitution is agreed to by the 1995
3legislature; and, be it further
AJR12,8,2
1Resolved, That the foregoing amendment be submitted to a vote of the people
2at the election to be held on the first Tuesday in April, 1995; and, be it further