SRM:kjf:rs
2011 - 2012 LEGISLATURE
April 12, 2011 - Introduced by Representatives Krug, Jacque, August, Bies,
Brooks, Endsley, Honadel, Jorgensen, Kerkman, Kestell, Kooyenga,
LeMahieu, Meyer, Mursau, Nygren, J. Ott, Petryk, Rivard, Steineke and
Strachota, cosponsored by Senators Leibham, Olsen and Wanggaard.
Referred to Committee on Judiciary and Ethics.
AJR26,1,5
1To amend so as in effect
to repeal section 2 of article VI;
to amend section 8 of
2article V, section 1 of article VI, section 3 of article VI, sections 7 and 8 of article
3X and section 4 of article XIII; and
to create section 17 of article XIV of the
4constitution;
relating to: deleting from the constitution the offices of secretary
5of state and state treasurer (first consideration).
Analysis by the Legislative Reference Bureau
This proposed constitutional amendment, proposed to the 2011 legislature on
first consideration, deletes from the constitution the offices of secretary of state and
state treasurer.
Secretary of state
Currently, the constitution assigns four duties to the secretary of state; all other
duties are prescribed by law. The four duties prescribed by the constitution are to:
1) serve as governor when there is a vacancy in the office of lieutenant governor and
the governor dies, resigns, or is removed from office, or serve as acting governor when
there is a vacancy in the office of lieutenant governor and the governor is absent from
the state, impeached, or incapable of performing the duties of office; 2) keep a fair
record of the official acts of the legislature and executive department of the state; 3)
serve as a member of the Board of Commissioners of Public Lands; and 4) keep the
great seal of Wisconsin.
Under this proposal, the secretary of state is replaced by the attorney general
in the line of gubernatorial succession. The proposal deletes the requirement that
the secretary of state keep legislative and executive records. The proposal also
removes the secretary of state as a member of the Board of Commissioners of Public
Lands. Under the proposal, the constitution continues to provide for a great seal, but
its placement is determined by law.
State treasurer
Currently, the only duty assigned to the state treasurer by the constitution is
to serve as a member of the Board of Commissioners of Public Lands; all other duties
are prescribed by law. The proposal removes the state treasurer as a member of the
Board of Commissioners of Public Lands.
Terms of incumbents
Under the proposal, the last election for secretary of state or state treasurer
required by the constitution is the one that was held in November 2010. The
incumbents will continue to serve until the first Monday in January 2015.
Reconciling split ratification
When a proposed constitutional amendment incorporates more than one object
or purpose, the legislature must submit each unrelated object or purpose to the
people for ratification by a separate ballot question. The constitution provides that,
"if more than one amendment be submitted, they shall be submitted in such manner
that the people may vote for or against such amendments separately" [see section 1
of article XII of the constitution].
The changes proposed in this joint resolution are structured to permit
submission of the amendment for ratification by separate ballot questions relating
to each of the offices to which the amendment relates.
Board of Commissioners of Public Lands
The three-member Board of Commissioners of Public Lands presently consists
of the secretary of state, the state treasurer, and the attorney general. Under this
proposal: 1) the attorney general remains a member; 2) the lieutenant governor
becomes a member; and 3) the state superintendent of public instruction becomes a
member if the offices of secretary of state and state treasurer are both deleted from
the constitution.
Second consideration and ratification
A constitutional amendment requires adoption by two successive legislatures,
and ratification by the people, before it can become effective.
AJR26,2,1
1Resolved by the assembly, the senate concurring, That:
AJR26, s. 1
2Section
1. Section 8 of article V of the constitution is amended to read:
AJR26,2,53
[Article V] Section 8 (1) If there is a vacancy in the office of lieutenant governor
4and the governor dies, resigns
, or is removed from office, the
secretary of state 5attorney general shall become governor for the balance of the unexpired term.
AJR26,3,5
1(2) If there is a vacancy in the office of lieutenant governor and the governor
2is absent from this state, impeached, or from mental or physical disease becomes
3incapable of performing the duties of the office, the
secretary of state attorney
4general shall serve as acting governor for the balance of the unexpired term or until
5the governor returns, the disability ceases
, or the impeachment is vacated.
AJR26, s. 2
6Section
2. Section 1 of article VI of the constitution is amended to read:
AJR26,3,117
[Article VI] Section 1.
The At the 2014 general election and every 4 years
8thereafter, the qualified electors of this state
, at the times and places of choosing the
9members of the legislature, shall
in 1970 and every 4 years thereafter elect
a
10secretary of state, treasurer and an attorney general
who shall hold their offices for
114 years a 4-year term.
AJR26, s. 3
12Section
3. Section 2 of article VI of the constitution is amended so as in effect
13to repeal said section:
AJR26,3,1914
[Article VI] Section 2.
The secretary of state shall keep a fair record of the
15official acts of the legislature and executive department of the state, and shall, when
16required, lay the same and all matters relative thereto before either branch of the
17legislature. He shall perform such other duties as shall be assigned him by law. He
18shall receive as a compensation for his services yearly such sum as shall be provided
19by law, and shall keep his office at the seat of government.
AJR26, s. 4
20Section
4. Section 3 of article VI of the constitution is amended to read:
AJR26,3,2221
[Article VI] Section 3. The powers, duties
, and compensation of the
treasurer
22and attorney general shall be prescribed by law.
AJR26, s. 5
23Section
5. Sections 7 and 8 of article X of the constitution are amended to read:
AJR26,4,524
[Article X] Section 7.
The secretary of state, treasurer There is created a board
25of commissioners of public lands to consist of the lieutenant governor, the state
1superintendent of public instruction, and
the attorney general
, shall constitute a
2board of commissioners for. The board shall administer the sale of the school and
3university lands and
for the investment of the funds arising therefrom. Any
two of
4said commissioners 2 members shall be a quorum for the transaction of all business
5pertaining to the duties of
their office the board.
AJR26, s. 86
Section 8.
Provision shall be made by law for the
The sale of all school and
7university lands
, after they
shall have been appraised
; and when, shall be regulated
8by law. Whenever any portion of such lands
shall be is sold and the purchase money
9shall is not
be paid at the time of the sale, the
board of commissioners
of public lands 10shall take security by mortgage upon the lands sold for the sum remaining unpaid,
11with
seven per cent 7 percent interest thereon, payable annually
at the office of the
12treasurer as provided by law. The
commissioners shall be authorized to board may 13execute a good and sufficient conveyance to all purchasers of such lands
, and to. The
14board may discharge any mortgages taken as security
, when the sum due thereon
15shall have has been paid. The
commissioners shall have power to board may 16withhold from sale any portion of such lands when
they shall deem the board
17considers it expedient
, and. The board shall invest all moneys arising from the sale
18of such lands, as well as all other university and school funds, in
such the manner
19as the legislature shall provide, and shall provided by law. The members of the board
20shall give such security for the faithful performance of their duties as
may be 21required by law.
AJR26, s. 6
22Section
6. Section 4 of article XIII of the constitution is amended to read:
AJR26,5,223
[Article XIII] Section 4.
It shall be the duty of the
The legislature
to shall, by
24law, provide a great seal for the state
, which shall be kept by the secretary of state,
25and all. All official acts of the governor,
his approbation of the laws excepted except
1the governor's approval of bills that have passed the legislature, shall be
thereby 2authenticated
with the great seal.
AJR26, s. 7
3Section
7. Section 17 of article XIV of the constitution is created to read:
AJR26,5,84
[Article XIV] Section 17. The secretary of state or state treasurer holding office
5on the date of ratification of the 2011-13 amendment providing for the deletion of one
6or both of those offices from the constitution shall continue to hold that office until
7the first Monday of January in 2015. Any vacancy in either office occurring before
8that date shall be filled in the manner provided by law.
AJR26, s. 8
9Section
8. Split ratification. (1)
Issues; ballot questions. It is the sense
10of the 2011 legislature that the amendment proposed by this joint resolution
11incorporates more than one object or purpose and that there are 2 separable issues
12that must be submitted to the people by separate ballot questions:
AJR26,5,1313
1) "Shall the office of secretary of state be deleted from the constitution?"; and
AJR26,5,1414
2) "Shall the office of state treasurer be deleted from the constitution?"
AJR26,5,2115
(2)
Secretary of state deletion not ratified. If the people ratify the deletion
16of the office of state treasurer from the constitution, but do not ratify the deletion of
17the office of secretary of state from the constitution, then: a) section 2 of article VI
18of the constitution shall not be amended by this joint resolution so as in effect to
19repeal said section; b) section 8 of article V and section 4 of article XIII shall not be
20amended by this joint resolution; and c) section 1 of article VI and section 7 of article
21X of the constitution, as affected by the ratification vote, shall read as follows:
AJR26,6,222
[Article VI] Section 1.
The At the 2014 general election and
23every 4 years thereafter, the qualified electors of this state
, at the
24times and places of choosing the members of the legislature, shall
in
251970 and every 4 years thereafter elect a secretary of state
, treasurer
1and
an attorney general
who shall hold their offices for
terms of 4
2years.
AJR26,6,103
[Article X] Section 7.
The There is created a board of
4commissioners of public lands to consist of the lieutenant governor,
5the secretary of state,
treasurer and
the attorney general
, shall
6constitute a board of commissioners for. The board shall administer 7the sale of the school and university lands and
for the investment of
8the funds arising therefrom. Any
two of said commissioners 2
9members shall be a quorum for the transaction of all business
10pertaining to the duties of
their office the board.
AJR26,6,1611
(3)
State treasurer deletion not ratified. If the people ratify the deletion of
12the office of secretary of state from the constitution, but do not ratify the deletion of
13the office of state treasurer from the constitution, then: a) section 3 of article VI and
14section 8 of article X of the constitution shall not be amended by this joint resolution;
15and b) section 1 of article VI and section 7 of article X of the constitution, as affected
16by the ratification vote, shall read as follows:
AJR26,6,2217
[Article VI] Section 1.
The At the 2014 general election and
18every 4 years thereafter, the qualified electors of this state
, at the
19times and places of choosing the members of the legislature, shall
in
201970 and every 4 years thereafter elect a
secretary of state, state 21treasurer and
an attorney general
who shall hold their offices for
22terms of 4 years.
AJR26,7,523
[Article X] Section 7.
The secretary of state, There is created a
24board of commissioners of public lands to consist of the lieutenant
25governor, the state treasurer
, and
the attorney general
, shall
1constitute a board of commissioners for. The board shall administer 2the sale of the school and university lands and
for the investment of
3the funds arising therefrom. Any
two of said commissioners 2
4members shall be a quorum for the transaction of all business
5pertaining to the duties of
their office the board.
AJR26, s. 9
6Section
9. Numbering of new provisions. If another constitutional
7amendment ratified by the people creates the number of any provision created in this
8joint resolution, the chief of the legislative reference bureau shall determine the
9sequencing and the numbering of the provisions whose numbers conflict and adjust
10any cross-references thereto.
AJR26,7,13
11Be it further resolved, That this proposed amendment be referred to the
12legislature to be chosen at the next general election and that it be published for 3
13months previous to the time of holding such election.