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November 19, 2021 - Introduced by Senator Roth, cosponsored by Representatives
Sortwell, Magnafici, Knodl, Moses, Thiesfeldt and Tittl. Referred to
Committee on Veterans and Military Affairs and Constitution and
Federalism.
SJR78,1,8 1To renumber section 5 of article VIII; to renumber and amend section 1 of article
2X; to amend section 1 of article VI and section 3 of article VI; and to create
3section 1e of article VI, section 1f of article VI, section 5 (2) of article VIII and
4section 17 of article XIV of the constitution; relating to: providing for
5gubernatorial appointment of the secretary of state, state treasurer, and state
6superintendent of public instruction and requiring the creation of the
7Department of Revenue under the direction and supervision of the state
8treasurer (first consideration).
Analysis by the Legislative Reference Bureau
This constitutional amendment, proposed to the 2021 legislature on first
consideration, does all of the following:
1. Provides for appointment of the state treasurer and establishment of the
Department of Revenue. Currently, the constitution provides for popular election of
the state treasurer every four years. Under this constitutional amendment, the
governor appoints the state treasurer for a four-year term, subject to the advice and
consent of the senate. The proposal also specifies certain events causing a vacancy
in office. 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
powers and duties are prescribed by law.

The constitutional amendment further requires the legislature to establish by
law the Department of Revenue to administer Wisconsin's tax laws. Under the
amendment, the Department of Revenue is to be under the direction and supervision
of the state treasurer.
2. Provides for appointment of the secretary of state. Currently, the
constitution provides for popular election of the secretary of state every four years.
Under this constitutional amendment, the governor appoints the secretary of state
for a four-year term, subject to the advice and consent of the senate. The proposal
also specifies certain events causing a vacancy in office. The constitution assigns the
following four duties to the secretary of state, with all other powers and duties being
prescribed by law:
a. 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.
b. Keep a fair record of the official acts of the legislature and executive
department of the state.
c. Serve as a member of the Board of Commissioners of Public Lands.
d. Keep the great seal of Wisconsin.
3. Provides for appointment of the state superintendent of public instruction.
Currently, the constitution provides for popular election of the state superintendent
of public instruction. Under this constitutional amendment, the governor appoints
the state superintendent for a four-year term, subject to the advice and consent of
the senate. The proposal also specifies certain events causing a vacancy in office.
The constitution vests the supervision of public instruction in the state
superintendent and such other officers as the legislature directs. The state
superintendent's powers and duties are prescribed by law.
A constitutional amendment requires adoption by two successive legislatures
and ratification by the people before it can become effective.
SJR78,2,1 1Resolved by the senate, the assembly concurring, That:
SJR78,1 2Section 1. Section 1 of article VI of the constitution is amended to read:
SJR78,2,63 [Article VI] Section 1. The qualified electors of this state, at the times and
4places of choosing the members of the legislature,
shall in 1970 and every 4 years
5thereafter
elect a secretary of state, treasurer and an attorney general who shall
6hold their offices for 4 years
to serve a 4-year term.
SJR78,2 7Section 2. Section 1e of article VI of the constitution is created to read:
SJR78,3,3
1[Article VI] Section 1e. The secretary of state shall be nominated by the
2governor, and with the advice and consent of the senate appointed, to serve a 4-year
3term. A vacancy in office shall occur upon the earliest of the following events:
SJR78,3,44 (1) The 4-year term expires.
SJR78,3,55 (2) A governor assumes office who did not appoint the sitting secretary of state.
SJR78,3,66 (3) Any other event provided by law.
SJR78,3 7Section 3. Section 1f of article VI of the constitution is created to read:
SJR78,3,108 [Article VI] Section 1f. The treasurer shall be nominated by the governor, and
9with the advice and consent of the senate appointed, to serve a 4-year term. A
10vacancy in office shall occur upon the earliest of the following events:
SJR78,3,1111 (1) The 4-year term expires.
SJR78,3,1212 (2) A governor assumes office who did not appoint the sitting treasurer.
SJR78,3,1313 (3) Any other event provided by law.
SJR78,4 14Section 4. Section 3 of article VI of the constitution is amended to read:
SJR78,3,1615 [Article VI] Section 3. The powers, duties, and compensation of the treasurer
16and
attorney general shall be prescribed by law.
SJR78,5 17Section 5. Section 5 of article VIII of the constitution is renumbered section
185 (1) of article VIII.
SJR78,6 19Section 6. Section 5 (2) of article VIII of the constitution is created to read:
SJR78,3,2320 [Article VIII] Section 5 (2) The legislature shall establish by law a department
21of revenue to administer this state's tax laws, which shall be under the direction and
22supervision of the treasurer. The treasurer's other powers and duties and the
23treasurer's compensation shall be established by law.
SJR78,7 24Section 7. Section 1 of article X of the constitution is renumbered section 1 (1)
25(intro.) of article X and amended to read:
SJR78,4,8
1[Article X] Section 1 (1) (intro.) The supervision of public instruction shall be
2vested in a state superintendent and such other officers as the legislature shall
3direct; and their qualifications, powers, duties and compensation shall be prescribed
4by law. The state superintendent shall be chosen by the qualified electors of the state
5at the same time and in the same manner as members of the supreme court, and shall
6hold office for 4 years from the succeeding first Monday in July.
nominated by the
7governor, and with the advice and consent of the senate appointed, to serve a 4-year
8term. A vacancy in office shall occur upon the earliest of the following events:
SJR78,4,9 9(a) The 4-year term expires.
SJR78,4,11 10(b) A governor assumes office who did not appoint the sitting state
11superintendent.
SJR78,4,12 12(c) Any other event provided by law.
SJR78,4,14 13(2) The term of office, time and manner of electing or appointing all other
14officers of supervision of public instruction shall be fixed by law.
SJR78,8 15Section 8 . Section 17 of article XIV of the constitution is created to read:
SJR78,4,1916 [Article XIV] Section 17. The treasurer, secretary of state, and state
17superintendent of public instruction holding office on the date of ratification of the
182021-23 amendment providing for the appointment of those offices by the governor
19may each continue to hold office until the expiration of his or her term.
SJR78,9 20Section 9 . Numbering of new provisions. If another constitutional
21amendment ratified by the people creates the number of any provision created in this
22joint resolution, the chief of the legislative reference bureau shall determine the
23sequencing and the numbering of the provisions whose numbers conflict and adjust
24any cross-references thereto.
SJR78,5,3
1Be it further resolved, That this proposed amendment be referred to the
2legislature to be chosen at the next general election and that it be published for three
3months previous to the time of holding such election.
SJR78,5,44 (End)
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