AJR61: Joint Resolution Text

LRB-0198/2

SRM&RAC:kjf:ph

2013 - 2014 LEGISLATURE

2013 Assembly JOINT RESOLUTION 61

October 10, 2013 - Introduced by Representatives Richards, Barca, Barnes, Berceau, Bernard Schaber, Billings, Doyle, Genrich, Goyke, Hebl, Hesselbein, Johnson, Kahl, Kessler, Kolste, Mason, Ohnstad, Pope, Sargent, Shankland, C. Taylor, Vruwink, Wright, Young and Zamarripa, cosponsored by Senators Vinehout, C. Larson, Carpenter, Harris, Lehman, Risser and Wirch. Referred to Committee on Judiciary.

AJR61,1,6 To renumber section 10 of article IV; and to create section 10 (2) of article IV of the constitution; relating to: requiring the legislature to enact laws requiring reasonable notice of and public access to meetings of governmental bodies, including legislative committees, and making members of the legislature subject to citations and civil penalties for violations of such laws (first consideration).

Analysis by the Legislative Reference Bureau

  On June 14, 2011, in Ozanne v. Fitzgerald, the Wisconsin Supreme Court held that under the constitutional separation of powers, the courts will not apply the notice and public access requirements of the open meetings law to meetings of legislative bodies.

  The constitution also prohibits arrest of members of the legislature except for treason, felony, or breach of the peace and exempts members from civil process during the legislative session and for 15 days before and after the session.

  This constitutional amendment, proposed to the 2013 legislature on first consideration, requires the legislature to enact laws requiring reasonable notice of and public access to meetings of governmental bodies, including legislative committees, and making members of the legislature subject to citations and civil penalties for violations of such laws.   A constitutional amendment requires adoption by two successive legislatures, and ratification by the people, before it can become effective.

AJR61,2,1 Resolved by the assembly, the senate concurring, That:

AJR61,1 Section 1. Section 10 of article IV of the constitution is renumbered section 10 (1) of article IV.

AJR61,2 Section 2. Section 10 (2) of article IV of the constitution is created to read:

AJR61,2,11 [Article IV] Section 10 (2) The legislature shall enact laws requiring governmental bodies to conduct business in meetings that are held with reasonable prior notice and accessible to the public and make these laws applicable to legislative committees. Notwithstanding section 8 of this article, courts of law may apply these laws to senate, assembly, and other legislative committees. Notwithstanding section 15 of this article, members of the legislature are subject to citation and civil penalties during a legislative session while a house is in recess for violations of such laws.

AJR61,3 Section 3. Numbering of new provisions. If another 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.

AJR61,2,18 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 three months previous to the time of holding such election.

AJR61,2,19 (End)