LRB-2824/1
SRM:wlj:ph
2011 - 2012 LEGISLATURE
September 29, 2011 - Introduced by Senators Vinehout, Carpenter, S. Coggs,
Hansen, Holperin, C. Larson and Lassa, cosponsored by Representatives
Richards, Barca, Berceau, Bernard Schaber, Bewley, E. Coggs, D. Cullen,
Doyle, Fields, Hebl, Hintz, Hulsey, Mason, Molepske Jr, Pasch, Pocan,
Radcliffe, Ringhand and Roys. Referred to Committee on Judiciary, Utilities,
Commerce, and Government Operations.
SJR41,1,5
1To renumber section 10 of article IV; and
to create section 10 (2) of article IV of the
2constitution;
relating to: requiring the legislature to enact laws requiring
3reasonable notice of and public access to meetings of governmental bodies,
4including the legislature, and making members of the legislature subject to
5citations 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 2011 legislature on first
consideration, requires the legislature to enact laws requiring reasonable notice of
and public access to meetings of governmental bodies, including the legislature, 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.
SJR41,2,1
1Resolved by the senate, the assembly concurring, That:
SJR41, s. 1
2Section
1. Section 10 of article IV of the constitution is renumbered section 10
3(1) of article IV.
SJR41, s. 2
4Section
2. Section 10 (2) of article IV of the constitution is created to read:
SJR41,2,125
[Article IV] Section 10 (2) The legislature shall enact laws requiring
6governmental bodies to conduct business in meetings that are held with reasonable
7prior notice and accessible to the public and make these laws applicable to the
8legislature. Notwithstanding section 8 of this article, courts of law may apply these
9laws to the senate, the assembly, and other legislative bodies. Notwithstanding
10section 15 of this article, members of the legislature are subject to citation and civil
11penalties during a legislative session while a house is in recess for violations of such
12laws.
SJR41, s. 3
13Section
3. Numbering of new provisions. If another constitutional
14amendment ratified by the people creates the number of any provision created in this
15joint resolution, the chief of the legislative reference bureau shall determine the
16sequencing and the numbering of the provisions whose numbers conflict.
SJR41,2,19
17Be it further resolved, That this proposed amendment be referred to the
18legislature to be chosen at the next general election and that it be published for three
19months previous to the time of holding such election.
