2015 - 2016 LEGISLATURE
March 10, 2016 - Introduced by Representatives C. Taylor, Wachs, Sargent,
Berceau, Sinicki and Spreitzer, cosponsored by Senator Risser. Referred to
Committee on State Affairs and Government Operations.
AJR120,2,13
1To renumber and amend section 3 of article IV, section 10 of article IV and section
21 of article IX;
to amend section 3 of article I, section 1 of article III, section 2
3(intro.) of article III, section 2 (4) (a) of article III, section 4 (1) of article VII,
4section 1 of article VIII, section 1 of article X, section 3 of article X and section
51 of article XI; and
to create section 27 of article I, section 28 of article I, section
629 of article I, section 30 of article I, section 31 of article I, section 32 of article
7I, section 33 of article I, section 7 of article III, section 3 (2) of article IV, section
83 (3) of article IV, section 9 (3) of article IV, section 9 (4) of article IV, section 10
9(2) of article IV, section 17 (4) of article IV, section 17 (5) of article IV, section 17
10(6) of article IV, section 17 (7) of article IV, section 17 (8) of article IV, section 17
11(9) of article IV, section 1 (2) of article IX and section 14 of article XIII of the
12constitution;
relating to: participation in the legislative and electoral process,
13the right to vote, the right to an impartial judiciary, the right to privacy, the
14right to a quality education, the right to health care, the right to access public
15records, the right to a fair wage, the right to equal pay for equal work, voting
1rights, uniform voting procedures, mandatory recounting of ballots, the
2procedure for legislative redistricting and congressional reapportionment, the
3establishment of a state Governmental Accountability Board, administration
4of election laws, ethics laws, and lobbying laws, public access to the capitol,
5public access to meetings of governmental bodies, including the legislature,
6petition and referendum by the people to reject acts of the legislature, public
7funding of supreme court election campaigns, graduated and progressive
8taxation of individuals, the right to a clean, healthy environment, safe drinking
9water, and clean air, establishment of a board and a department of natural
10resources, independence and authority of the superintendent of public
11instruction, public funds supporting sectarian schools, treatment of
12corporations as natural persons, and the right of workers to organize and
13collectively bargain (first consideration).
Analysis by the Legislative Reference Bureau
This constitutional amendment, proposed to the 2015 legislature on first
consideration, grants or affirms certain rights of the people, in the nature of a bill of
rights.
Participation in the legislative process
The amendment requires the state to ensure that the people may exercise their
rights to participate in the legislative process.
right to an impartial judiciary
The amendment guarantees the right of the people to an impartial judiciary.
right TO privacy
The amendment guarantees the right to privacy, including the right to marry
and reproductive rights.
right to a quality public education
The amendment creates a right to a quality public education.
right to health care services
The amendment creates a right to health care services.
right to access public records
The amendment guarantees the right to access, inspect, and copy records of
governmental bodies, except as the public interest requires.
right to a fair wage
The amendment guarantees the right of every person to a just and fair wage
that ensures for the person and the person's family an existence worthy of human
dignity and a sufficient standard of living.
right to equal pay for equal work
The amendment guarantees the right of every person to be paid a wage at a rate
that is equal to the rate paid to a worker of the opposite sex for equal work.
The right to vote
The amendment prohibits the right to vote from being abridged and prohibits
the legislature from erecting any obstacles to the right to vote.
Eligible elector after ten days' residence
The amendment creates a right to vote for any U.S. citizen age 18 or older who
has resided in an election district or ward for ten consecutive days immediately
preceding an election.
Voting rights for certain felons
The amendment allows felons who have been placed on probation or parole to
vote.
uniformity of voting standards and procedures
The amendment requires that voting standards and procedures be uniform
throughout the state.
mandatory recounts in close elections
The amendment requires a state-funded manual recount of the ballots in any
election for public office in which the results are within one-half of one percent.
Government accountability board established
The amendment establishes a Government Accountability Board to administer
elections and ethics laws.
legislative and congressional redistricting
The amendment changes the process by which legislative and congressional
districts are redrawn.
The Wisconsin Constitution requires the legislature to redistrict legislative
districts according to the number of inhabitants at its next session following each
decennial federal census. The legislature also reapportions congressional districts
pursuant to federal law.
The amendment requires the Government Accountability Board established by
the amendment to develop standards for legislative and congressional districts
based on population requirements under the Wisconsin Constitution and the U.S.
Constitution and requirements of federal law governing voting rights (the Voting
Rights Act at present). The amendment then directs the board to draw redistricting
plans in accordance with the standards. Under the amendment, no later than
January 1 of the second year following the decennial federal census, the board must
create a plan of legislative and congressional districting.
public access to the capitol
The amendment guarantees public access to the capitol except in a public
emergency.
open meetings laws applicable to legislature
The amendment requires the legislature to enact laws requiring reasonable
notice of and public access to meetings of governmental bodies, including the
legislature, and making members of the legislature subject to citations and civil
penalties for violations of such laws.
Initiative and referendum
The amendment creates a referendum process by which the people can reject
an act of the legislature or particular sections of or items in such an act. The
amendment provides that no act can become effective until 90 days after the
governor files it in the office of the secretary of state. During the first 60 days after
that filing, the people may file a petition for a referendum.
The petition for referendum must be filed with the Government Accountability
Board established by the amendment. Certain acts, such as those providing tax
levies, acts expanding the rights of the people, and emergency acts, are exempt from
referendum. Emergency acts must be so designated by the legislature and pass both
houses on a two-thirds vote of all members.
Petitions must be signed by electors equaling 25 percent of the vote cast for the
office of governor in the most recent election and filed with the Government
Accountability Board.
After validating signatures on the petition, the Government Accountability
Board shall order a referendum at the next general election occurring at least 125
days after the filing of the petition with the board. No act, section, or item shall go
into effect until a majority of those voting approve it. If the petition is against a
portion of an act, the remainder of the act shall not be prevented from going into
effect. No act, section, or item rejected in a referendum may be reenacted during the
legislative session in which it was rejected.
public funding for supreme court elections
The amendment requires justices of the supreme court to use public funding to
finance campaigns.
state income taxation to be graduated and progressive
The amendment requires that state income taxation be graduated and
progressive by deleting the legislature's authority to create reasonable exemptions.
right to a clean, healthy environment, safe drinking
water, and clean air
The amendment creates a right to a clean, healthy environment, safe drinking
water, and clean air.
Creation of a Department of NatuRal resources, board,
and secretary
The amendment creates a Department of Natural Resources and a board to
oversee it. The board appoints a secretary to administer the department.
superintendent of public instruction to be independent
The amendment makes the state 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 the appropriation of public funds to support
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 prohibits 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.
AJR120,5,1
1Resolved by the assembly, the senate concurring, That:
AJR120,1
1Section
1. Section 3 of article I of the constitution is amended to read:
AJR120,6,102
[Article I] Section 3. Every person may freely speak, write and publish his
3sentiments on all subjects, being responsible for the abuse of that right, and no laws
4shall be passed to restrain or abridge the liberty of speech or of the press. In all
5criminal prosecutions or indictments for libel, the truth may be given in evidence,
6and if it shall appear to the jury that the matter charged as libelous be true, and was
7published with good motives and for justifiable ends, the party shall be acquitted;
8and the jury shall have the right to determine the law and the fact.
The state shall
9take all necessary measures to ensure that the people may exercise their rights to
10participate in the legislative and electoral process without barriers.
AJR120,2
11Section
2. Section 27 of article I of the constitution is created to read:
AJR120,6,1312
[Article I] Section 27. The people have the right to privacy that shall include
13the right to marry and the right to reproductive freedom.
AJR120,3
14Section
3. Section 28 of article I of the constitution is created to read:
AJR120,6,1615
[Article I] Section 28. Every child between the ages of 4 and 20 has the right
16to a quality public education.
AJR120,4
17Section
4. Section 29 of article I of the constitution is created to read:
AJR120,6,1818
[Article I] Section 29. The people have the right to health care services.
AJR120,5
19Section
5. Section 30 of article I of the constitution is created to read:
AJR120,6,2020
[Article I] Section 30. The people have the right to an impartial judiciary.
AJR120,6
21Section
6. Section 31 of article I of the constitution is created to read:
AJR120,6,2322
[Article I] Section 31. The people have the right to access, inspect, and copy
23records of governmental bodies, except as the public interest requires.