Noes, 0 - None.
Hasslinger, Michael J.,
of Waukesha, as a member of the Land Information Board, to serve for the term ending May 1, 2005.
Confirmation.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Johnson, Ruth G.,
of Madison, as a member of the Examining Board of Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors, to serve for the term ending July 1, 2004.
Confirmation.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Johnson, Norbert J.,
of Milton, as a member of the Accounting Examining Board, to serve for the term ending July 1, 2002.
Confirmation.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Lee
, Daniel F.,
of Portage, as a member of the Wisconsin Housing and Economic Development Authority, to serve for the term ending January 1, 2003.
Confirmation.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Romportl, Michael J.,
of Rhinelander, as a member of the Land Information Board, to serve for the term ending at the pleasure of the Governor.
Confirmation.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Ruf
, J. Frederic "Fritz",
of Pewaukee, as a member of the Wisconsin Housing and Economic Development Authority, to serve for the interim term ending February 1, 2001, and for the full term ending February 1, 2003.
Confirmation.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Senty
, James A.,
of La Crosse, as a member of the State of Wisconsin Investement Board, to serve for the interim term ending May 1, 2005.
Confirmation.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
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Wolff
, Michael D.,
of Madison, as a member of the College Savings Program Board, to serve for the term ending May 1, 2003.
Confirmation.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Zillmer, Ann M.,
of Black River Falls, as a member of the Land Information Board, to serve for the term ending May 1, 2005.
Confirmation.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Senate Bill 110
Relating to: polling hours, time off from work for service as an election official, training of election officials, voting by felons and immigrants, requiring studies and recommendations with regard to voter registration and multilingual voting needs, establishing satellite stations for purposes of conducting voter registration and absentee voting, and granting rule-making authority.
Introduction and adoption of Senate amendment 1.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Passage as amended.
Ayes, 4 - Senators
M. Meyer, Moore, Grobschmidt and Hansen.
Noes, 3 - Senators
Ellis, Huelsman and Zien.
Senate Bill 138
Relating to: the publication of notices relating to the creation of tax incremental financing districts.
Passage.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Senate Bill 144
Relating to: state purchase of a Justice Center building and granting bonding authority.
Passage.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Senate Bill 146
Relating to: the college tuition and expenses program and the college savings program, providing an exemption from emergency rule procedures, and making appropriations.
Introduction and adoption of Senate amendment 1.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Passage as amended.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Senate Bill 5
Relating to: reimbursement of emergency response teams and granting rule-making authority.
Senate amendment 1 adoption.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Passage as amended.
Ayes, 7 - Senators
M. Meyer, Moore, Grobschmidt, Hansen, Ellis, Huelsman and Zien.
Noes, 0 - None.
Mark Meyer
Chairperson
__________________
State of Wisconsin
Office of the Secretary of State
To the Honorable, the Senate:
Sincerely,
Douglas La follette
Secretary of State
State of Wisconsin
Department of Justice
April 24, 2001
The Honorable, The Senate:
The Senate Committee on Organization has asked for my opinion on the compensation to be paid to the Lieutenant Governor ("Lt. Governor") upon confirmation by both houses of the Legislature. Governor McCallum has nominated State Senator Margaret Farrow to the Office of the Lieutenant Governor pursuant to article 13, s. 10 (2) of the Wisconsin Constitution.
"Any incumbent member of the legislature who, during the term for which the member was elected to the legislature, by appointment or election assumes any judicial office or state civil office or position for which the compensation or other emoluments were increased during the member's current legislative term by legislative action, or by any other official action requiring the assent of or subject to veto by the legislature, shall be entitled to the compensation or other emoluments for such office or position only at the rate in effect prior to such increase."
Your request for an opinion included a memorandum from the Wisconsin Legislative Council. That memorandum states that Senator Farrow was elected to her current term in November 1998, and her term began in January 1999. At that time, the rate of pay for the Office of Lt. Governor was $60,183 per year. The salary of the Lt. Governor is set under Wis. Stats. s.
20.923(2)(g) at 1.9% above the minimum of the salary range for executive salary group four. The Legislative Council memorandum indicates that the current salary for the Lt. Governor is $63,672 per year. The Joint Committee on Employment Relations ("JCOER") approved two increases during Senator Farrow's current term. On June 9, 1999, and May 2, 2000, JCOER raised the minimum of the salary range applicable to executive salary group four, thereby increasing the rate of pay for the Office of Lt. Governor. JCOER approves the compensation plan under Wis. Stats. s.
230.12 (3).
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The Legislative Council memorandum, at 2, concludes: "[I]t is arguable that s.
13.04(4), Stats, would limit her compensation to that provided for the Office of Lieutenant Governor prior to the increases occurring during her term. Under that interpretation, she would be limited to $60,183 per year."
The author of the Legislative Council memorandum found there was some doubt about the application of Wis. Stats. s.
13.04(4) because one could argue that the action of a single committee, JCOER, was not "legislative action" or "other official action" as required by Wis. Stat. s.
13.04(4). Under this analysis, the purpose of Wis. Stats. s.
13.04(4) is to prohibit legislators from benefitting from a self-enacting pay increase, but since Senator Farrow was not a member of JCOER, she did not vote on the action and, thus, should not be prohibited from receiving the higher salary. That memorandum concludes, however, that notwithstanding that argument the better conclusion is that Wis. Stats. s.
13.04(4) does apply. I agree.
JCOER is created by the Legislature. Wis. Stat. s.
13.111. the Legislature has delegated certain authority to that committee. Such a delegation is proper.
See Cuts v. Department of Public Welfare,
1 Wis. 2d 408, 414,
84 N.W.2d 102 (1957). (Legislature could delegate the authority to select a site for a new state boy's school to a committee.)
Accord Outagamie County v. Smith,
38 Wis. 2d 24, 39,
155 N.W.2d 639 (1968). If the term "legislative action" in Wis. Stat.. s.
13.04(4) did not include actions taken by JCOER, any member of the Legislature who was not on the Joint Committee would not be subject to the statutes strictures. Under that reading of the statute, only members of the Joint Committee, by statute the leadership of both houses, Wis. Stat. s.
13.111, would be prohibited from accepting offices for which the compensation had been increased. That interpretation would mean that Wis. Stats s.
13.04(4) which on its face is applicable to all legislators, would apply only to members of the Joint Committee: the vast majority of the members of the Legislature would escape the statute's strictures by the expedient of delegating to a committee the authority to raise legislators' salaries.
