Amendment SSA1-AB138

LRBs0164/1

RCT:jld&nwn:ph

2009 - 2010 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 138

October 22, 2009 - Offered by Committee on Transportation, Tourism, Forestry, and Natural Resources.

AB138-SSA1,1,3 An Act to amend 15.05 (1) (c), 15.34 (2) (a) and 17.20 (1) of the statutes; relating to: the appointment and term of service of the secretary of natural resources and 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 substitute amendment, the governor must choose a nominee for secretary of natural resources from a list of five names submitted by the Natural Resources Board. The substitute amendment also provides that the secretary of natural resources serves for a four-year term. The substitute amendment provides that the secretary in office when the substitute amendment 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 substitute amendment, 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 substitute amendment provides that the position of a member of the Natural Resources Board nominated after January 2, 2011, 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:

AB138-SSA1, s. 1 Section 1. 15.05 (1) (c) of the statutes is amended to read:

AB138-SSA1,2,5 15.05 (1) (c) The secretary of natural resources shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor for a 4-year term. The governor shall select the nominee for secretary from a list of 5 names submitted by the natural resources board.

AB138-SSA1, s. 2 Section 2. 15.34 (2) (a) of the statutes is amended to read:

AB138-SSA1,2,9 15.34 (2) (a) The natural resources board shall consist of 7 members appointed for staggered 6-year terms. Upon the expiration of the term of a member nominated after January 2, 2011, the position that was held by the member is vacant.

AB138-SSA1, s. 3 Section 3. 17.20 (1) of the statutes is amended to read:

AB138-SSA1,3,2 17.20 (1) General. Vacancies in appointive state offices shall be filled by appointment by the appointing power and in the manner prescribed by law for making regular full term appointments thereto, and appointees to fill vacancies therein shall hold office for the residue of the unexpired term or, if no definite term of office is fixed by law, until their successors are appointed and qualify, except that an appointee to fill a vacancy in the office of secretary of natural resources is appointed to a full 4-year term beginning on the date of appointment and qualification.

AB138-SSA1, s. 4 Section 4. Nonstatutory provisions.

AB138-SSA1,3,6 (1) The secretary of natural resources serving on the effective date of this subsection shall serve a 4-year term beginning on the date on which the secretary was appointed by the governor.

AB138-SSA1,3,7 (End)