2023 - 2024 LEGISLATURE
February 6, 2023 - Introduced by Representatives Wittke, Sortwell, Armstrong,
Born, Brandtjen, Dittrich, Edming, Gundrum, Knodl, Kurtz, Moses,
Murphy, Mursau, Novak, Penterman, Rozar, Sapik, Spiros, Tusler, Bodden,
Green, Schutt, Rettinger, O'Connor, Donovan and Allen, cosponsored by
Senators Marklein, Ballweg, Cabral-Guevara, Felzkowski, Feyen, James,
Quinn, Stroebel and Tomczyk. Referred to Committee on Ways and Means.
section 35 of article IV of the constitution; relating to: the appropriation
2authority of the legislature and the allocation of moneys Wisconsin receives
3from the federal government (second consideration).
Analysis by the Legislative Reference Bureau
Explanation of Proposal
This proposed constitutional amendment, to be given second consideration by
the 2023 legislature for submittal to the voters in April 2023, was first considered by
the 2021 legislature in 2021 Senate Joint Resolution 84, which became 2021
Enrolled Joint Resolution 14.
Under current law under the statutes, the governor has authority to accept
federal moneys on behalf of the state and to allocate federal moneys without the
specific approval or participation of the legislature. This constitutional amendment
prohibits the legislature from delegating its sole power to determine how moneys
shall be appropriated and provides that the governor may not allocate any federal
moneys the governor accepts on behalf of the state without the approval of the
legislature by joint resolution or as provided by legislative rule.
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 2021 legislature in regular session considered a proposed
amendment to the constitution in 2021 Senate Joint Resolution 84, which became 2021
Enrolled Joint Resolution 14
, and agreed to it by a majority of the members
elected to each of the two houses, which proposed amendment reads as follows:
Section 35 of article IV of the constitution is created to
[Article IV] Section 35 (1) The legislature may not delegate its sole
power to determine how moneys shall be appropriated.
(2) The governor may not allocate any federal moneys the governor
accepts on behalf of the state without the approval of the legislature by
joint resolution or as provided by legislative rule.
. Numbering of new provision.
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.
2Now, therefore, be it resolved by the assembly, the senate concurring,
the foregoing proposed amendment to the constitution is agreed to by the 2023 4
legislature; and, be it further
the foregoing proposed amendment to the constitution be 6
submitted to a vote of the people at the election to be held on the first Tuesday of April 7
2023; and, be it further
the questions concerning ratification of the foregoing proposed 9
amendment to the constitution be stated on the ballot as follows:
“Delegation of appropriation power.
Shall section 35 (1) of 2
article IV of the constitution be created to provide that the legislature may not 3
delegate its sole power to determine how moneys shall be appropriated?"
“Allocation of federal moneys.
Shall section 35 (2) of article IV 5
of the constitution be created to prohibit the governor from allocating any federal 6
moneys the governor accepts on behalf of the state without the approval of the 7
legislature by joint resolution or as provided by legislative rule?”