| 1 | 1 | | LRB-5190/1 |
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| 2 | 2 | | RAC:wlj |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY JOINT RESOLUTIO N 99 |
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| 5 | 5 | | December 8, 2023 - Introduced by Representatives PRONSCHINSKE, ARMSTRONG, |
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| 6 | 6 | | EDMING, GUNDRUM, ROZAR, SCHMIDT and KITCHENS, cosponsored by Senator |
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| 7 | 7 | | BALLWEG. Referred to Committee on State Affairs. |
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| 8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 9 | 9 | | To amend section 34 of article IV of the constitution; relating to: continuity of |
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| 10 | 10 | | government (first consideration). |
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| 11 | 11 | | Analysis by the Legislative Reference Bureau |
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| 12 | 12 | | Currently, the Wisconsin Constitution provides that the legislature, in order to |
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| 13 | 13 | | ensure the continuity of state and local governments during an emergency resulting |
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| 14 | 14 | | from enemy attack, must provide for the temporary succession to the powers and |
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| 15 | 15 | | duties of public office of any public officer who is unavailable to exercise the powers |
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| 16 | 16 | | and duties of office. |
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| 17 | 17 | | This constitutional amendment, proposed to the 2023 legislature on first |
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| 18 | 18 | | consideration, requires the legislature to provide for the temporary succession to the |
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| 19 | 19 | | powers and duties of public office of any public officer who is unavailable to exercise |
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| 20 | 20 | | the powers and duties of office during any emergency—not just an emergency |
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| 21 | 21 | | resulting from enemy attack. |
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| 22 | 22 | | A constitutional amendment requires adoption of two successive legislatures, |
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| 23 | 23 | | and ratification by the people, before it can become effective. |
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| 24 | 24 | | Resolved by the assembly, the senate concurring, That: |
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| 25 | 25 | | SECTION 1. Section 34 of article IV of the constitution is amended to read: |
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| 26 | 26 | | [Article IV] Section 34. The legislature, in order to ensure continuity of state |
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| 27 | 27 | | and local governmental operations in periods of emergency resulting from enemy |
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| 34 | 34 | | LRB-5190/1 |
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| 35 | 35 | | RAC:wlj |
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| 36 | 36 | | SECTION 1 |
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| 37 | 37 | | 2023 - 2024 Legislature |
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| 38 | 38 | | action in the form of an attack, shall (1) forthwith provide for prompt and temporary |
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| 39 | 39 | | succession to the powers and duties of public offices, of whatever nature and whether |
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| 40 | 40 | | filled by election or appointment, the incumbents of which may become unavailable |
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| 41 | 41 | | for carrying on the powers and duties of such offices, and (2) adopt such other |
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| 42 | 42 | | measures as may be necessary and proper for attaining the objectives of this section. |
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| 43 | 43 | | Be it further resolved, That this proposed amendment be referred to the |
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| 44 | 44 | | legislature to be chosen at the next general election and that it be published for 3 |
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| 45 | 45 | | months previous to the time of holding such election. |
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| 46 | 46 | | (END) |
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