2017 - 2018 LEGISLATURE
January 31, 2017 - Introduced by Representatives Schraa, August, Born, R.
Brooks, Edming, Gannon, Genrich, Horlacher, Jarchow, Kleefisch, Knodl,
Kooyenga, Kremer, Krug, Kulp, Murphy, Neylon, Nygren, Petersen, Quinn,
Rohrkaste, Sanfelippo, Spiros, Steffen, Summerfield, Tauchen, Tittl,
Tusler, Weatherston, Kuglitsch and Jacque, cosponsored by Senators
Feyen, Wanggaard, Craig, LeMahieu, Marklein, Vukmir, Stroebel and
Nass. Referred to Committee on State Affairs.
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 (second
Analysis by the Legislative Reference Bureau
Explanation of Proposal
This constitutional amendment, to be given second consideration by the 2017
legislature for submittal to the voters in April 2018, was first considered by the 2015
legislature in 2015 Assembly Joint Resolution 5
, which became 2015 Enrolled Joint
The amendment deletes from the constitution the office of state treasurer.
Procedure for Second Consideration
When a proposed constitutional amendment is before the legislature on second
consideration, any change in the text approved by the preceding legislature causes
the proposed constitutional amendment to revert to first consideration status so that
second consideration approval would have to be given by the next legislature before
the proposal may be submitted to the people for ratification [see joint rule 57 (2)].
If the legislature approves a proposed constitutional amendment on second
consideration, it must also set the date for submitting the proposed constitutional
amendment to the people for ratification and must determine the question or
questions to appear on the ballot.
Whereas, the 2015 legislature in regular session considered a proposed
amendment to the constitution in 2015 Assembly Joint Resolution 5, which became
2015 Enrolled Joint Resolution 7, and agreed to it by a majority of the members
elected to each of the two houses, which proposed amendment reads as follows:
Section 1 of article VI of the constitution is amended to
[Article VI] Section 1. The qualified electors of this state, at the times
and places of choosing the members of the legislature, shall
in 1970 and
every 4 years thereafter elect a secretary of state, treasurer and an
attorney general who shall hold their offices for 4 years 4-year terms.
Section 3 of article VI of the constitution is amended to
[Article VI] Section 3. The powers, duties, and compensation of the
treasurer and attorney general shall be prescribed by law.
Sections 7 and 8 of article X of the constitution are
amended to read:
[Article X] Section 7. The lieutenant governor, secretary of state,
treasurer and attorney general, shall constitute a board of commissioners
for the sale of the school and university lands and for the investment of the
funds arising therefrom. Any two of said commissioners shall be a quorum
for the transaction of all business pertaining to the duties of their office.
Section 8. Provision shall be made by law for the sale of all school and
university lands after they shall have been appraised; and when any
portion of such lands shall be sold and the purchase money shall not be
paid at the time of the sale, the commissioners shall take security by
mortgage upon the lands sold for the sum remaining unpaid, with
per cent 7 percent
interest thereon, payable annually at the office of the
treasurer as provided by law
. The commissioners shall be 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 shall have been paid. The commissioners shall have power to
withhold from sale any portion of such lands when they shall deem it
expedient, and shall invest all moneys arising from the sale of such lands,
as well as all other university and school funds, in such manner as the
legislature shall provide, and shall give such security for the faithful
performance of their duties as may be required by law.
Section 17 of article XIV of the constitution is created to
[Article XIV] Section 17. The state treasurer holding office on the
date of ratification of the 2015-17 amendment providing for the deletion
of that office from the constitution shall continue to hold that office until
the first Monday of January in 2019. Any vacancy in the office occurring
before that date shall be filled in the manner provided by law.
5. Numbering of new provisions.
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
1Now, therefore, be it resolved by the assembly, the senate concurring,
the foregoing proposed amendment to the constitution is agreed to by the 2017 3
legislature; and, be it further
the foregoing proposed amendment to the constitution be 5
submitted to a vote of the people at the election to be held on the first Tuesday in April 6
2018; and, be it further
the question concerning ratification of the foregoing proposed 8
amendment to the constitution be stated on the ballot as follows:
“Elimination of state treasurer
Shall sections 1 and 3 of 10
article VI and sections 7 and 8 of article X of the constitution be amended, and section 11
17 of article XIV of the constitution be created, to eliminate the office of state 12
treasurer from the constitution and to replace the state treasurer with the lieutenant 13
governor as a member of the Board of Commissioners of Public Lands?"