Amendment ASA1-SJR2

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2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 SENATE JOINT RESOLUTION 2

February 15, 2005 - Offered by Representatives Kessler, Grigsby, A. Williams, Toles, Schneider, Colon and Boyle.

SJR2-ASA1,1,5 To amend so as in effect to repeal section 4 (3) (c) of article VI; to renumber and amend section 4 (1) of article VI and section 12 of article VII; to amend section 4 (4) of article VI; and to create section 4 (1) (b) and (c) of article VI and section 12 (2) of article VII of the constitution; relating to: four-year terms of office for certain county officers (first consideration).

Explanation of Proposal This proposed constitutional amendment, proposed to the 2005 legislature on first consideration, requires counties to elect county clerks and treasurers every four years, and changes the terms of office from two years to four years for coroners, elected surveyors, registers of deeds, treasurers, county clerks, and clerks of circuit court. For clerks of circuit court and coroners, the first elections to four-year terms will be held concurrently with the first gubernatorial election following ratification, which is when the constitution provides that sheriffs are to be first elected to four-year terms. For elected surveyors, registers of deeds, treasurers, and county clerks, the first elections to four-year terms will be held concurrently with the first presidential election following ratification.

The proposal does not change the times for holding regular elections for any county offices, and does not affect the terms of office of elected county chief executive officers (they already serve four-year terms), district attorneys, or the terms of office of county supervisors or sheriffs.

A proposed constitutional amendment requires adoption by two successive legislatures, and ratification by the people, before it can become effective.

SJR2-ASA1,2,1 Resolved by the assembly, the senate concurring, That:

SJR2-ASA1, s. 1 Section 1. Section 4 (1) of article VI of the constitution is renumbered section 4 (1) (a) of article VI and amended to read:

SJR2-ASA1,2,7 [Article VI] Section 4 (1) (a) Except as provided in pars. (b) and (c) and sub. (2), coroners, registers of deeds, district attorneys, and all other elected county officers, except judicial officers, sheriffs, and chief executive officers, shall be chosen by the electors of the respective counties once in every 2 years.

SJR2-ASA1, s. 2 Section 2. Section 4 (1) (b) and (c) of article VI of the constitution are created to read:

SJR2-ASA1,2,17 [Article VI] Section 4 (1) (b) Beginning with the first general election at which the governor is elected which occurs after the ratification of this paragraph, sheriffs shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years and coroners in counties in which there is a coroner shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years.

SJR2-ASA1,3,4 (c) Beginning with the first general election at which the president is elected which occurs after the ratification of this paragraph, registers of deeds, county clerks, and treasurers shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years and surveyors in counties in which the office of surveyor is filled by election shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years.

SJR2-ASA1, s. 3 Section 3. Section 4 (3) (c) of article VI of the constitution is amended so as in effect to repeal said paragraph:

SJR2-ASA1,3,9 [Article VI] Section 4 (3) (c) Beginning with the first general election at which the governor is elected which occurs after the ratification of this paragraph, sheriffs shall be chosen by the electors of the respective counties once in every 4 years.

SJR2-ASA1, s. 4 Section 4. Section 4 (4) of article VI of the constitution is amended to read:

SJR2-ASA1,3,13 [Article VI] Section 4 (4) The governor may remove any elected county officer mentioned in this section except a county clerk, treasurer, or surveyor, giving to the officer a copy of the charges and an opportunity of being heard.

SJR2-ASA1, s. 5 Section 5. Section 12 of article VII of the constitution is renumbered section 12 (1) of article VII and amended to read:

SJR2-ASA1,3,19 [Article VII] Section 12 (1) There shall be a clerk of the circuit court chosen in each county organized for judicial purposes by the qualified electors thereof, who, except as provided in sub. (2), shall hold his office for two years, subject to removal as shall be provided by law; in.

SJR2-ASA1,3,21 (3) In case of a vacancy, the judge of the circuit court shall have power to may appoint a clerk until the vacancy shall be is filled by an election; the.

SJR2-ASA1,3,23 (4) The clerk thus elected or appointed of circuit court shall give such security as the legislature may require requires by law.

SJR2-ASA1,3,25 (5) The supreme court shall appoint its own clerk, and may appoint a clerk of the circuit court may be appointed a to be the clerk of the supreme court.

SJR2-ASA1, s. 6 Section 6. Section 12 (2) of article VII of the constitution is created to read:

SJR2-ASA1,4,5 [Article VII] Section 12 (2) Beginning with the first general election at which the governor is elected which occurs after the ratification of this subsection, a clerk of circuit court shall be chosen by the electors of each county, for the term of 4 years, subject to removal as provided by law.

SJR2-ASA1, s. 7 Section 7. Numbering of new provisions. (1) The new paragraph (b) of subsection (1) of section 4 of article VI of the constitution created in this joint resolution shall be designated by the next higher open paragraph letter in that subsection in that section in that article if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a paragraph (b) of subsection (1) of section 4 of article VI of the constitution of this state. If one or more joint resolutions create a paragraph (b) of subsection (1) of section 4 of article VI simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the paragraphs created shall be numbered and placed in a sequence so that the paragraphs created by the joint resolution having the lowest enrolled joint resolution number have the letters designated in that joint resolution and the paragraphs created by the other joint resolutions have letters that are in the same ascending order as are the numbers of the enrolled joint resolutions creating the paragraphs.

SJR2-ASA1,5,7 (2) The new paragraph (c) of subsection (1) of section 4 of article VI of the constitution created in this joint resolution shall be designated by the next higher open paragraph letter in that subsection in that section in that article if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a paragraph (c) of subsection (1) of section 4 of article VI of the constitution of this state. If one or more joint resolutions create a paragraph (c) of subsection (1) of section 4 of article VI simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the paragraphs created shall be lettered and placed in a sequence so that the paragraphs created by the joint resolution having the lowest enrolled joint resolution number have the letters designated in that joint resolution and the paragraphs created by the other joint resolutions have letters that are in the same ascending order as are the numbers of the enrolled joint resolutions creating the paragraphs.

SJR2-ASA1,5,20 (3) The new subsection (2) of section 12 of article VII of the constitution created in this joint resolution shall be designated by the next higher open whole subsection number in that section in that article if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a subsection (2) of section 12 of article VII of the constitution of this state. If one or more joint resolutions create a subsection (2) of section 12 of article VII simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the subsections created shall be numbered and placed in a sequence so that the subsections created by the joint resolution having the lowest enrolled joint resolution number have the numbers designated in that joint resolution and the subsections created by the other joint resolutions have numbers that are in the same ascending order as are the numbers of the enrolled joint resolutions creating the subsections.

SJR2-ASA1,5,23 Be it further resolved, That this proposed amendment be referred to the legislature to be chosen at the next general election and that it be published for 3 months previous to the time of holding such election.

SJR2-ASA1,5,24 (End)