| 1 | 1 | | LRB-5756/1 |
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| 2 | 2 | | MPG:emw |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY JOINT RESOLUTIO N 112 |
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| 5 | 5 | | February 2, 2024 - Introduced by Representatives NEDWESKI, KITCHENS, SORTWELL, |
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| 6 | 6 | | ARMSTRONG, BINSFELD, BODDEN, CALLAHAN, DITTRICH, DONOVAN, EDMING, |
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| 7 | 7 | | GOEBEN, GREEN, GUNDRUM, GUSTAFSON, MACCO, MAGNAFICI, MAXEY, MOSES, |
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| 8 | 8 | | MURPHY, O'CONNOR, PENTERMAN, PETRYK, RETTINGER, ROZAR, SAPIK, SCHRAA, |
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| 9 | 9 | | SPIROS and STEFFEN, cosponsored by Senators KNODL, NASS, BRADLEY, TOMCZYK |
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| 10 | 10 | | and WANGGAARD. Referred to Committee on State Affairs. |
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| 11 | 11 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 12 | 12 | | To amend section 10 (1) (c) of article V of the constitution; relating to: prohibiting |
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| 13 | 13 | | the governor from using the partial veto to create or increase any tax or fee (first |
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| 14 | 14 | | consideration). |
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| 15 | 15 | | Analysis by the Legislative Reference Bureau |
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| 16 | 16 | | This proposed constitutional amendment, proposed to the 2023 legislature on |
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| 17 | 17 | | first consideration, amends the Wisconsin Constitution to restrict the governor, in |
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| 18 | 18 | | exercising his or her partial veto power over an appropriation bill, from creating or |
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| 19 | 19 | | increasing or authorizing the creation or increase of any tax or fee. |
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| 20 | 20 | | Currently, in exercising the partial veto power, the governor is limited only in |
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| 21 | 21 | | that he or she may not create a new word by rejecting individual letters in the words |
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| 22 | 22 | | of the enrolled bill and may not create a new sentence by combining parts of two or |
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| 23 | 23 | | more sentences of the enrolled bill. In Bartlett v. Evers, 2020 WI 68, the Wisconsin |
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| 24 | 24 | | Supreme Court further restricted the governor's partial veto power, but there was |
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| 25 | 25 | | no agreement by the court on the reasons for the new restrictions. The new |
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| 26 | 26 | | restriction on the governor's partial veto power contained in the amendment is in |
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| 27 | 27 | | addition to the current restrictions in the constitution. |
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| 28 | 28 | | A proposed constitutional amendment requires adoption by two successive |
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| 29 | 29 | | legislatures, and ratification by the people, before it can become effective. |
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| 30 | 30 | | Resolved by the assembly, the senate concurring, That: |
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| 31 | 31 | | SECTION 1. Section 10 (1) (c) of article V of the constitution is amended to read: |
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| 36 | 36 | | 5 - 2 - |
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| 37 | 37 | | LRB-5756/1 |
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| 38 | 38 | | MPG:emw |
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| 39 | 39 | | SECTION 1 |
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| 40 | 40 | | 2023 - 2024 Legislature |
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| 41 | 41 | | [Article V] Section 10 (1) (c) In approving an appropriation bill in part, the |
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| 42 | 42 | | governor may not create a new word by rejecting individual letters in the words of |
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| 43 | 43 | | the enrolled bill, and may not create a new sentence by combining parts of 2 or more |
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| 44 | 44 | | sentences of the enrolled bill, and may not create or increase or authorize the creation |
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| 45 | 45 | | or increase of any tax or fee. |
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| 46 | 46 | | Be it further resolved, That this proposed amendment be referred to the |
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| 47 | 47 | | legislature to be chosen at the next general election and that it be published for 3 |
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| 48 | 48 | | months previous to the time of holding such election. |
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| 49 | 49 | | (END) |
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