AJR137: Joint Resolution Text

superintendent of public instruction to be independent The amendment makes the superintendent of public instruction independent of the other offices in the executive branch.

minimum staffing and funding levels for public schools The amendment authorizes the state superintendent of public instruction to set minimum staffing and funding levels for public schools.

prohibit public funding of sectarian schools The amendment prohibits appropriation of public funds for support of sectarian schools.

Treatment of corporations as persons prohibited Under current state and federal law, corporations are treated as natural persons for some purposes. The amendment restricts the state from recognizing any constitutional rights asserted by corporations, except as required by federal law.

workers' Rights to organize and collectively bargain The amendment grants all employees the right to collectively bargain on the subjects of wages, hours, and working conditions.

Procedure for passage A proposed constitutional amendment requires adoption by two successive legislatures, and ratification by the people, before it can become effective.

AJR137,6,1 Resolved by the assembly, the senate concurring, That:

AJR137, s. 1 Section 1. Section 3 of article I of the constitution is amended to read:

AJR137,6,11 [Article I] Section 3. Every person may freely speak, write and publish his 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 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. The state shall take all necessary measures to ensure that the people may exercise their rights to participate in the legislative and electoral process without barriers.

AJR137, s. 2 Section 2. Section 4 of article I of the constitution is amended to read:

AJR137,6,15 [Article I] Section 4. The right of the people peaceably to assemble, to consult for the common good, to vote, and to petition the government, or any department thereof, shall never be abridged. The people have a right to an impartial judiciary.

AJR137, s. 3 Section 3. Section 27 of article I of the constitution is created to read:

AJR137,6,18 [Article I] Section 27. All persons have a right to privacy that shall include the right to marry and the right to reproductive freedom.

AJR137, s. 4 Section 4. Section 28 of article I of the constitution is created to read:

AJR137,6,21 [Article I] Section 28. Every child between the ages of 4 and 20 shall have the right to a quality education.

AJR137, s. 5 Section 5. Section 29 of article I of the constitution is created to read:

AJR137,7,1 [Article I] Section 29. Every person shall have the right to health care services.

AJR137, s. 6 Section 6. Section 1 of article III of the constitution is amended to read:

AJR137,7,6 [Article III] Section 1. Every United States citizen age 18 or older who is a resident of has resided in an election district or ward in this state for 10 consecutive days immediately preceding an election is a qualified elector of that district or ward. The state shall take no action that abridges the right to vote.

AJR137, s. 7 Section 7. Section 2 (intro.) of article III of the constitution is amended to read:

AJR137,7,9 [Article III] Section 2 (intro.) Laws that do not create any obstruction to voting may be enacted:

AJR137, s. 8 Section 8. Section 2 (4) (a) of article III of the constitution is amended to read:

AJR137,7,12 [Article III] Section 2 (4) (a) Convicted of a felony, unless restored to civil rights or placed on probation or parole.

AJR137, s. 9 Section 9. Section 7 of article III of the constitution is created to read:

AJR137,7,16 [Article III] Section 7. Voting standards and procedures shall be uniform throughout the state. In any election for public office, if the results are within one-half of one percent, the state shall provide a manual recount of the ballots.

AJR137, s. 10 Section 10. Section 3 of article IV of the constitution is renumbered section 3 (1) of article IV and amended to read:

AJR137,7,22 [Article IV] Section 3 (1) At its During the first legislative session after each enumeration made by the authority of the United States, the legislature government accountability board shall apportion and district anew the members of the senate and assembly, according to the number of inhabitants.

AJR137, s. 11 Section 11. Section 3 (2) of article IV of the constitution is created to read:

AJR137,8,3 [Article IV] Section 3 (2) Within 120 days after receipt of the final census report of the population count by census block, the government accountability board shall adopt standards for legislative and congressional redistricting that comply with the Wisconsin Constitution and the U.S. Constitution and federal law governing voting rights.

AJR137, s. 12 Section 12. Section 3 (3) of article IV of the constitution is created to read:

AJR137,8,8 [Article IV] Section 3 (3) Not later than January 1 of the 2nd year following the decennial federal census, the government accountability board shall create plans of legislative and congressional redistricting, prepared in accordance with standards developed by the government accountability board under sub. (2).

AJR137, s. 13 Section 13. Section 9 of article IV of the constitution is renumbered section 9 (1) of article IV.

AJR137, s. 14 Section 14. Section 9 (2) of article IV of the constitution is created to read:

AJR137,8,13 [Article IV] Section 9 (2) (a) There is created a government accountability board consisting of 6 persons. Members shall serve for 6-year terms.

AJR137,8,19 (b) Members shall be appointed. The chief justice of the supreme court, in the presence of the other justices of the supreme court, shall choose by lot one court of appeals judge from each of the court of appeals districts to serve on a nominating committee for 2-year terms expiring on March 1. The nominating committee shall forward nominations to the governor who shall make appointments to the board from those nominations.

AJR137,8,21 (c) Each member of the board shall have served as a judge of a court of record in this state and shall have been elected to that office.

AJR137,8,23 (d) No member may hold another office or position that is a state public office or a local public office except as a reserve judge.

AJR137,8,25 (e) No member, for one year immediately prior to the date of nomination may have been, or while serving on the board may become, a member of a political party.

AJR137,9,2 (f) No member, while serving on the board, may become a candidate for state office or local office.

AJR137,9,4 (g) No member, while serving on the board, and for 12 months prior to beginning that service, may make a contribution to a political campaign.

AJR137,9,5 (h) No member may be a lobbyist or be engaged in lobbying.

AJR137, s. 15 Section 15. Section 9 (3) of article IV of the constitution is created to read:

AJR137,9,9 [Article IV] Section 9 (3) The government accountability board shall have exclusive jurisdiction to administer the state election laws, the state ethics laws, the state lobbying laws, and to redistrict the legislative and congressional districts.

AJR137, s. 16 Section 16. Section 10 of article IV of the constitution is renumbered section 10 (1) of article IV and amended to read:

AJR137,9,17 [Article IV] Section 10 (1) Each house shall keep a journal of its proceedings and publish the same, except such parts as require secrecy. The doors of each house shall be kept open except when the public welfare shall require secrecy. Neither house shall, without consent of the other, adjourn for more than three days. All public spaces of the capitol shall be open to the public when the building is open except in a public emergency.

AJR137, s. 17 Section 17. Section 10 (2) of article IV of the constitution is created to read:

AJR137,9,24 [Article IV] Section 10 (2) The legislature shall enact laws requiring governmental bodies to conduct business in meetings that are held with reasonable prior notice and accessible to the public and make these laws applicable to the legislature. Notwithstanding section 8 of this article, courts of law may apply these laws to the senate, the assembly, and other legislative bodies. Notwithstanding section 15 of this article, members of the legislature are subject to citation and civil penalties during a legislative session while a house is in recess for violations of such laws.

AJR137, s. 18 Section 18. Section 17 (4) of article IV of the constitution is created to read:

AJR137,10,6 [Article IV] Section 17 (4) No act passed by the legislature shall go into effect until 90 days after the governor has filed it in the office of the secretary of state, except as provided in sub. (5).

AJR137, s. 19 Section 19. Section 17 (5) of article IV of the constitution is created to read:

AJR137,10,15 [Article IV] Section 17 (5) Acts or portions of acts providing only for tax levies, acts or portions of acts that expand or promote the rights of the people, and emergency acts necessary for the immediate preservation of the public peace, health, or safety, shall go into effect on the date or dates provided in the acts and shall not be subject to referendum. To be exempt from referendum, an emergency act must receive the vote of two-thirds of all the members elected to each house of the legislature, and the reasons for the necessity of the emergency act must be set forth in one section of the act, which section must be passed upon a separate roll call vote.

AJR137, s. 20 Section 20. Section 17 (6) of article IV of the constitution is created to read:

AJR137,10,22 [Article IV] Section 17 (6) The electors may petition for a referendum on any act, section of an act, or item of appropriation in an act, except as provided in sub. (5). The petition for a referendum shall be signed by electors equaling at least 25 percent of the vote cast for the office of governor at the last preceding election and shall be filed with the government accountability board within 60 days after the governor files the act with the secretary of state.

AJR137, s. 21 Section 21. Section 17 (7) of article IV of the constitution is created to read:

AJR137,11,3 [Article IV] Section 17 (7) After verifying the sufficiency of the signatures, the government accountability board shall order to be submitted to the electors of the state, for their approval or rejection, the act, section of the act, or item of appropriation the act specified in the petition, at the first general election occurring subsequent to 125 days after the filing of the petition.

AJR137, s. 22 Section 22. Section 17 (8) of article IV of the constitution is created to read:

AJR137,11,9 [Article IV] Section 17 (8) No such act, section, or item subject to referendum shall go into effect until and unless approved by a majority of those voting upon the same. If, however, a referendum petition is filed against any such section or item, the remainder of the act shall not thereby be prevented or delayed from going into effect.

AJR137, s. 23 Section 23. Section 17 (9) of article IV of the constitution is created to read:

AJR137,11,12 [Article IV] Section 17 (9) No act, section, or item rejected in a referendum may be reenacted during the legislative session in which it was rejected.

AJR137, s. 24 Section 24. Section 4 (1) of article VII of the constitution is amended to read:

AJR137,11,20 [Article VII] Section 4 (1) The supreme court shall have 7 members who shall be known as justices of the supreme court. Justices shall be elected for 10-year terms of office commencing with the August 1 next succeeding the election. Only one justice may be elected in any year. Candidates for the office of justice shall finance their election campaigns with public funding. Any 4 justices shall constitute a quorum for the conduct of the court's business. All deliberations of the supreme court shall be open to the public.

AJR137, s. 25 Section 25. Section 1 of article VIII of the constitution is amended to read:

AJR137,12,10 [Article VIII] Section 1. The rule of taxation shall be uniform but the legislature may empower cities, villages or towns to collect and return taxes on real estate located therein by optional methods. Taxes shall be levied upon such property with such classifications as to forests and minerals including or separate or severed from the land, as the legislature shall prescribe. Taxation of agricultural land and undeveloped land, both as defined by law, need not be uniform with the taxation of each other nor with the taxation of other real property. Taxation of merchants' stock-in-trade, manufacturers' materials and finished products, and livestock need not be uniform with the taxation of real property and other personal property, but the taxation of all such merchants' stock-in-trade, manufacturers' materials and finished products and livestock shall be uniform, except that the legislature may provide that the value thereof shall be determined on an average basis. Taxes may also be imposed on incomes, privileges and occupations, which taxes may shall be graduated and progressive, and reasonable exemptions may be provided.

AJR137, s. 26 Section 26. Section 1 of article IX of the constitution is renumbered section 1 (1) of article IX and amended to read:

AJR137,12,21 [Article IX] Section 1 (1) The state shall have concurrent jurisdiction on all rivers and lakes bordering on this state so far as such rivers or lakes shall form a common boundary to the state and any other state or territory now or hereafter to be formed, and bounded by the same; and the river Mississippi and the navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the state as to the citizens of the United States, without any tax, impost or duty therefor. Every person shall have the right to a clean, healthy environment, safe drinking water, and clean air.

AJR137, s. 27 Section 27. Section 1 (2) of article IX of the constitution is created to read:

AJR137,13,6 [Article IX] Section 1 (2) There is created a department of natural resources to oversee the laws for the protection, development, and use of forests, fish and game, lakes, streams, plant life, flowers, and other outdoor resources of this state. The department shall be overseen by a board of natural resources of 5 members to be appointed by the governor, the attorney general, the superintendent of public instruction, the state treasurer, and the secretary of state, respectively. Board members shall serve at the pleasure of their appointing authority. The board shall appoint the secretary of natural resources who shall administer the department of natural resources.

AJR137, s. 28 Section 28. Section 1 of article X of the constitution is amended to read:

AJR137,13,17 [Article X] Section 1. The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct; and their qualifications, powers, duties and compensation shall be prescribed by law. The state superintendent shall be chosen by the qualified electors of the state at the same time and in the same manner as members of the supreme court, and shall hold office for 4 years from the succeeding first Monday in July. The state superintendent shall be independent of the other officers of the executive branch. The term of office, time and manner of electing or appointing all other officers of supervision of public instruction shall be fixed by law. The state superintendent shall have the authority to require minimum staffing levels and minimum funding levels for public schools.

AJR137, s. 29 Section 29. Section 3 of article X of the constitution is amended to read:

AJR137,13,25 [Article X] Section 3. The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years; and no sectarian instruction shall be allowed therein; but the legislature by law may, for the purpose of religious instruction outside the district schools, authorize the release of students during regular school hours. Public funds shall not be appropriated to support sectarian schools.

AJR137, s. 30 Section 30. Section 1 of article XI of the constitution is amended to read:

AJR137,14,7 [Article XI] Section 1. Corporations without banking powers or privileges may be formed under general laws, but shall not be created by special act, except for municipal purposes. All general laws or special acts enacted under the provisions of this section may be altered or repealed by the legislature at any time after their passage. The state shall not recognize any constitutional rights asserted by corporations except as required by federal law.

AJR137, s. 31 Section 31. Section 14 of article XIII of the constitution is created to read:

AJR137,14,10 [Article XIII] Section 14. All employees shall have the right to collectively bargain on the subjects of wages, hours, and working conditions.

AJR137, s. 32 Section 32. Numbering of new provisions. If another constitutional amendment ratified by the people creates the number of any provision created in this joint resolution, the chief of the legislative reference bureau shall determine the sequencing and the numbering of the provisions whose numbers conflict and adjust any cross-references thereto.

AJR137,14,18 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 three months previous to the time of holding such election.

AJR137,14,19 (End)