2015 - 2016 LEGISLATURE
January 29, 2015 - Introduced by Representatives Schraa, August, Neylon,
Kuglitsch, Czaja, Craig, Rohrkaste, Born, Kremer, Sanfelippo, Allen,
Knudson, Petersen, Krug, R. Brooks, Tauchen, Horlacher, Tittl, Gannon,
Kleefisch, Weatherston, Steffen and Genrich, cosponsored by Senators
Gudex, Wanggaard, Roth, Marklein, Nass, LeMahieu and Vukmir. Referred
to Committee on State Affairs and Government Operations.
section 1 of article VI, section 3 of article VI and sections 7 and 8 of article 2
X; and to create
section 17 of article XIV of the constitution; relating to:
3deleting from the constitution the office of state treasurer (first consideration).
Analysis by the Legislative Reference Bureau
This constitutional amendment, proposed to the 2015 legislature on first
consideration, deletes from the constitution the office of state treasurer.
Term of incumbent
Under the proposal, the final election for state treasurer required by the
constitution is the one that was held in November 2014. The incumbent will continue
to serve until the first Monday in January 2019.
State treasurer's duties
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.
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, the lieutenant governor becomes a member in place of the state treasurer.
Second consideration and ratification
A constitutional amendment requires adoption by two successive legislatures,
and ratification by the people, before it can become effective.
1Resolved by the assembly, the senate concurring, That:
Section 1 of article VI of the constitution is amended to read:
[Article VI] Section 1. The qualified electors of this state, at the times and
4places of choosing the members of the legislature,
shall in 1970 and every 4 years
elect a secretary of state, treasurer
attorney general who shall hold
for 4 years 4-year terms
Section 3 of article VI of the constitution is amended to read:
[Article VI] Section 3. The powers, duties,
and compensation of the treasurer
attorney general shall be prescribed by law.
Sections 7 and 8 of article X of the constitution is amended to read:
[Article X] Section 7. The lieutenant governor,
secretary of state, treasurer
attorney general, shall constitute a board of commissioners for the sale of the school 13
and university lands and for the investment of the funds arising therefrom. Any two 14
of said commissioners shall be a quorum for the transaction of all business pertaining 15
to the duties of their office.
Section 8. Provision shall be made by law for the sale of all school and university 17
lands after they shall have been appraised; and when any portion of such lands shall 18
be sold and the purchase money shall not be paid at the time of the sale, the 19
commissioners shall take security by mortgage upon the lands sold for the sum 20
remaining unpaid, with seven per cent 7 percent
interest thereon, payable annually 21at the office of the treasurer as provided by law
. The commissioners shall be 22
authorized to execute a good and sufficient conveyance to all purchasers of such
lands, and to discharge any mortgages taken as security, when the sum due thereon 2
shall have been paid. The commissioners shall have power to withhold from sale any 3
portion of such lands when they shall deem it expedient, and shall invest all moneys 4
arising from the sale of such lands, as well as all other university and school funds, 5
in such manner as the legislature shall provide, and shall give such security for the 6
faithful performance of their duties as may be required by law.
Section 17 of article XIV of the constitution is created to read:
[Article XIV] Section 17. The state treasurer holding office on the date of 9
ratification of the 2015-17 amendment providing for the deletion of that office from 10
the constitution shall continue to hold that office until the first Monday of January 11
in 2019. Any vacancy in the office occurring before that date shall be filled in the 12
manner provided by law.
5. Numbering of new provisions.
If another constitutional 14
amendment ratified by the people creates the number of any provision created in this 15
joint resolution, the chief of the legislative reference bureau shall determine the 16
sequencing and the numbering of the provisions whose numbers conflict and adjust 17
any cross-references thereto.
18Be it further resolved, That
this proposed amendment be referred to the 19
legislature to be chosen at the next general election and that it be published for three 20
months previous to the time of holding such election.