LRB-2279/1
SRM:cjs:rs
2009 - 2010 LEGISLATURE
April 9, 2009 - Introduced by Senators A. Lasee, Leibham, Kedzie and Darling,
cosponsored by Representatives
Suder, Brooks, Bies, Knodl, Kerkman,
LeMahieu, Berceau, Vos, Nass, Bernard Schaber, Kestell and Van Roy.
Referred to Committee on Ethics Reform and Government Operations.
SJR26,1,5
1To amend so as in effect
to repeal section 2 of article VI;
to amend section 8 of
2article V, section 1 of article VI, sections 7 and 8 of article X and section 4 of
3article XIII; and
to create section 17 of article XIV of the constitution;
relating
4to: deleting from the constitution the office of secretary of state (first
5consideration).
Analysis by the Legislative Reference Bureau
This proposed constitutional amendment, proposed to the 2009 legislature on
first consideration, deletes from the constitution the office of secretary of state.
Secretary of state
Currently, the constitution assigns four duties to the secretary of state; all other
duties are prescribed by law. The four duties prescribed by the constitution are: 1)
to serve as governor when there is a vacancy in the office of lieutenant governor and
the governor dies, resigns, or is removed from office, or to serve as acting governor
when there is a vacancy in the office of lieutenant governor and the governor is
absent from the state, impeached, or incapable of performing the duties of office; 2)
to keep a fair record of the official acts of the legislature and executive department
of the state; 3) to serve as a member of the board of commissioners for the sale of
public lands; and 4) to keep the great seal of Wisconsin.
Under this proposal, the secretary of state is replaced by the attorney general
in the line of gubernatorial succession. The proposal deletes the requirement that
the secretary of state keep legislative and executive records. The proposal also
removes the secretary of state as a member of the board of commissioners. Under
the proposal, the constitution continues to provide for a great seal, but its placement
is determined by law.
Terms of incumbent
The last election for secretary of state required by the constitution will be the
one held in November 2010. The incumbent will continue to serve until the first
Monday in January 2015.
Board of commissioners
The three-member board of commissioners for the sale of public lands
presently consists of the secretary of state, state treasurer, and attorney general.
Under this proposal, the state superintendent of public instruction becomes a
member.
Second consideration and ratification
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
SJR26,2,1
1Resolved by the senate, the assembly concurring, That:
SJR26, s. 1
2Section
1. Section 8 of article V of the constitution is amended to read:
SJR26,2,53
[Article V] Section 8 (1) If there is a vacancy in the office of lieutenant governor
4and the governor dies, resigns
, or is removed from office, the
secretary of state 5attorney general shall become governor for the balance of the unexpired term.
SJR26,2,106
(2) If there is a vacancy in the office of lieutenant governor and the governor
7is absent from this state, impeached, or from mental or physical disease becomes
8incapable of performing the duties of the office, the
secretary of state attorney
9general shall serve as acting governor for the balance of the unexpired term or until
10the governor returns, the disability ceases
, or the impeachment is vacated.
SJR26, s. 2
11Section
2. Section 1 of article VI of the constitution is amended to read:
SJR26,3,212
[Article VI] Section 1.
The At the 2014 general election and every 4 years
13thereafter, the qualified electors of this state
, at the times and places of choosing the
14members of the legislature, shall
in 1970 and every 4 years thereafter elect a
1secretary of state, treasurer and attorney general
who shall hold their offices for
4
2years 4-year terms.
SJR26, s. 3
3Section
3. Section 2 of article VI of the constitution is amended so as in effect
4to repeal said section:
SJR26,3,105
[Article VI] Section 2.
The secretary of state shall keep a fair record of the
6official acts of the legislature and executive department of the state, and shall, when
7required, lay the same and all matters relative thereto before either branch of the
8legislature. He shall perform such other duties as shall be assigned him by law. He
9shall receive as a compensation for his services yearly such sum as shall be provided
10by law, and shall keep his office at the seat of government.
SJR26, s. 4
11Section
4. Sections 7 and 8 of article X of the constitution are amended to read:
SJR26,3,1712
[Article X] Section 7. The
secretary of state, treasurer
, the state superintendent
13of public instruction, and
the attorney general, shall constitute a board of
14commissioners
for. The board shall administer the sale of the school and university
15lands and
for the investment of the funds arising therefrom. Any
two of said
16commissioners 2 members shall be a quorum for the transaction of all business
17pertaining to the duties of
their office the board.
SJR26, s. 818
Section 8.
Provision shall be made by law for the
The sale of all school and
19university lands
, after they
shall have been appraised
; and when, shall be regulated
20by law. Whenever any portion of such lands
shall be is sold and the purchase money
21shall is not
be paid at the time of the sale, the
commissioners board of commissioners
22shall take security by mortgage upon the lands sold for the sum remaining unpaid,
23with
seven per cent 7 percent interest thereon, payable annually at the office of the
24treasurer. The
commissioners shall be authorized to
board may execute a good and
25sufficient conveyance to all purchasers of such lands, and
to may discharge any
1mortgages taken as security, when the sum due thereon
shall have has been paid.
2The
commissioners shall have power to board may withhold from sale any portion
3of such lands when
they shall deem the board considers it expedient
, and. The board 4shall invest all moneys arising from the sale of such lands, as well as all other
5university and school funds, in
such the manner
as the legislature shall provide, and
6shall provided by law. The members of the board shall give such security for the
7faithful performance of their duties as
may be is required by law.
SJR26, s. 5
8Section
5. Section 4 of article XIII of the constitution is amended to read:
SJR26,4,139
[Article XIII] Section 4.
It shall be the duty of the
The legislature
to shall, by
10law, provide a great seal for the state
, which shall be kept by the secretary of state,
11and all. All official acts of the governor,
his approbation of the laws excepted except
12the governor's approval of bills that have passed the legislature, shall be
thereby 13authenticated
with the great seal.
SJR26, s. 6
14Section
6. Section 17 of article XIV of the constitution is created to read:
SJR26,4,1915
[Article XIV] Section 17. The secretary of state holding office on the date of
16ratification of the 2009-10 amendment providing for the deletion of that office from
17the constitution shall continue to hold that office until the first Monday of January
18in 2015. Any vacancy in that office occurring before that date shall be filled in the
19manner provided by law.
SJR26, s. 7
20Section
7. Numbering of new provision. The new section 17 of article XIV
21of the constitution created in this joint resolution shall be designated by the next
22higher open whole section number in that article if, before the ratification by the
23people of the amendment proposed in this joint resolution, any other ratified
24amendment has created a section 17 of article XIV of the constitution of this state.
25If one or more joint resolutions create a section 17 of article XIV simultaneously with
1the ratification by the people of the amendment proposed in this joint resolution, the
2sections created shall be numbered and placed in a sequence so that the sections
3created by the joint resolution having the lowest enrolled joint resolution number
4have the numbers designated in that joint resolution, and the sections created by the
5other joint resolutions have numbers that are in the same ascending order as are the
6numbers of the enrolled joint resolutions creating the sections.
SJR26,5,9
7Be it further resolved, That this proposed amendment be referred to the
8legislature to be chosen at the next general election and that it be published for 3
9months previous to the time of holding such election.
