Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SJR5 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-0587/1
2	2	RAC:cjs
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE JOINT RESOLUTIO N 5
5	5	January 27, 2023 - Introduced by Senators MARKLEIN, BALLWEG, CABRAL-GUEVARA,
6	6	FELZKOWSKI, FEYEN, JAMES, QUINN, STROEBEL and TOMCZYK, cosponsored by
7	7	Representatives WITTKE, SORTWELL, ARMSTRONG, BODDEN, BORN, BRANDTJEN,
8	8	DITTRICH, EDMING, GREEN, GUNDRUM, KNODL, KURTZ, MOSES, MURPHY, MURSAU,
9	9	NOVAK, O'CONNOR, PENTERMAN, RETTINGER, ROZAR, SAPIK, SCHUTT, SPIROS,
10	10	TUSLER, DONOVAN and ALLEN. Referred to Committee on Universities and
11	11	Revenue.
12	12	To create section 35 of article IV of the constitution; relating to: the appropriation
13	13	authority of the legislature and the allocation of moneys Wisconsin receives
14	14	from the federal government (second consideration).
15	15	Analysis by the Legislative Reference Bureau
16	16	EXPLANATION OF PROPOSAL
17	17	This proposed constitutional amendment, to be given second consideration by
18	18	the 2023 legislature for submittal to the voters in April 2023, was first considered by
19	19	the 2021 legislature in 2021 Senate Joint Resolution 84, which became 2021
20	20	Enrolled Joint Resolution 14.
21	21	Under current law under the statutes, the governor has authority to accept
22	22	federal moneys on behalf of the state and to allocate federal moneys without the
23	23	specific approval or participation of the legislature. This constitutional amendment
24	24	prohibits the legislature from delegating its sole power to determine how moneys
25	25	shall be appropriated and provides that the governor may not allocate any federal
26	26	moneys the governor accepts on behalf of the state without the approval of the
27	27	legislature by joint resolution or as provided by legislative rule.
28	28	PROCEDURE FOR SECOND CONSIDERA TION
29	29	When a proposed constitutional amendment is before the legislature on second
30	30	consideration, any change in the text approved by the preceding legislature causes
31	31	the proposed constitutional amendment to revert to first consideration status so that
32	32	second consideration approval would have to be given by the next legislature before
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35	35	3 - 2 -
36	36	LRB-0587/1
37	37	RAC:cjs
38	38	2023 - 2024 Legislature
39	39	the proposal may be submitted to the people for ratification [see joint rule 57 (2)].
40	40	If the legislature approves a proposed constitutional amendment on second
41	41	consideration, it must also set the date for submitting the proposed constitutional
42	42	amendment to the people for ratification and must determine the question or
43	43	questions to appear on the ballot.
44	44	Whereas, the 2021 legislature in regular session considered a proposed
45	45	amendment to the constitution in 2021 Senate Joint Resolution 84, which became
46	46	2021 Enrolled Joint Resolution 14, and agreed to it by a majority of the members
47	47	elected to each of the two houses, which proposed amendment reads as follows:
48	48	SECTION 1. Section 35 of article IV of the constitution is created to
49	49	read:
50	50	[Article IV] Section 35 (1) The legislature may not delegate its sole
51	51	power to determine how moneys shall be appropriated.
52	52	(2) The governor may not allocate any federal moneys the governor
53	53	accepts on behalf of the state without the approval of the legislature by
54	54	joint resolution or as provided by legislative rule.
55	55	SECTION 2. Numbering of new provision. If another
56	56	constitutional amendment ratified by the people creates the number of
57	57	any provision created in this joint resolution, the chief of the legislative
58	58	reference bureau shall determine the sequencing and the numbering of
59	59	the provisions whose numbers conflict.
60	60	Now, therefore, be it resolved by the senate, the assembly concurring,
61	61	That the foregoing proposed amendment to the constitution is agreed to by the 2023
62	62	legislature; and, be it further
63	63	Resolved, That the foregoing proposed amendment to the constitution be
64	64	submitted to a vote of the people at the election to be held on the first Tuesday of April
65	65	2023; and, be it further
66	66	Resolved, That the questions concerning ratification of the foregoing proposed
67	67	amendment to the constitution be stated on the ballot as follows:
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80	80	LRB-0587/1
81	81	RAC:cjs
82	82	SECTION 2
83	83	2023 - 2024 Legislature
84	84	QUESTION 1: “Delegation of appropriation power. Shall section 35 (1) of
85	85	article IV of the constitution be created to provide that the legislature may not
86	86	delegate its sole power to determine how moneys shall be appropriated?"
87	87	QUESTION 2: “Allocation of federal moneys. Shall section 35 (2) of article IV
88	88	of the constitution be created to prohibit the governor from allocating any federal
89	89	moneys the governor accepts on behalf of the state without the approval of the
90	90	legislature by joint resolution or as provided by legislative rule?”
91	91	(END)
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