Thursday, July 18, 2013

Encourage Your State Legislators Not to Co-Sponsor This Proposed Constitutional Amendment

Background:  
2 Republicans propose eliminating state treasurer, secretary of state,  (Milwaukee Journal Sentinel, 7/5/2013)
Op-Ed:  Board of public lands serves state well.   (Milwaukee Journal Sentinel, 7/4/2013)

Analysis by the Wisconsin Legislative Reference Bureau
This proposed constitutional amendment, proposed to the 2013 legislature on first consideration, deletes from the constitution the offices of secretary of state and state treasurer.

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 to:
1) 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 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) keep a fair record of the official acts of the legislature and executive department of the state;
3) serve as a member of the Board of Commissioners of Public Lands; and
4) 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 of Public Lands. 
  • Under the proposal, the constitution continues to provide for a great seal, but its placement is determined by law. 

State treasurer
Currently, the only duty assigned to the state treasurer by the constitution is to serve as a member of the Board of Commissioners of Public Lands; all other duties are prescribed by law. 

The proposal removes the state treasurer as a member of the Board of Commissioners of Public Lands. 

Terms of incumbents 
Under the proposal, the final election for secretary of state or state treasurer required by the constitution is the one that will be held in November 2014. The incumbents will continue to serve until the first Monday in January 2019. 

Reconciling split ratification 
When a proposed constitutional amendment incorporates more than one object or purpose, the legislature must submit each unrelated object or purpose to the people for ratification by a separate ballot question. 

The constitution provides that, “if more than one amendment be submitted, they shall be submitted in such manner that the people may vote for or against such amendments separately” [see section 1 of article XII of the constitution]. 

The changes proposed in this joint resolution are structured to permit submission of the amendment for ratification by separate ballot questions relating to each of the offices to which the amendment relates. 

Sidebar:  In other words, voters will be asked to ratify two separate ballot questions:
  1. Elimination of the office of the Secretary of State.
  2. Elimination of the office of State Treasurer.
Which brings us to the area of greatest concern for the school and library communities.  (Not to mention the villages, town, cities and counties that receive trust fund loans from the BCPL, a total of 394 loans in FY 2010 and 2011.)



Board of Commissioners of Public Lands 
The three−member Board of Commissioners of Public Lands presently consists of
  • the secretary of state, 
  • the state treasurer, and 
  • the attorney general. 

Under this proposal:
  • the attorney general remains a member
  • the lieutenant governor becomes a member; and 
  • the state superintendent of public instruction becomes a member 
if the offices of secretary of state and state treasurer are both deleted from the constitution.

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


In summary (provided by BCPL staff)
Just wondering:  Outside of the items to eliminate offices, do any of the other changes require a separate vote?

Information provided by BCPL staff

The Law of Unintended Consequences?

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