1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-0312/1 |
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3 | 3 | | MPG:amn |
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4 | 4 | | 2025 ASSEMBLY JOINT RESOLUTION 8 |
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5 | 5 | | February 17, 2025 - Introduced by Representatives ALLEN, PIWOWARCZYK, BEHNKE, |
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6 | 6 | | BRILL, DITTRICH, GUNDRUM, HURD, KNODL, KREIBICH, MAXEY, MURPHY, |
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7 | 7 | | MURSAU, O'CONNOR, PENTERMAN and WICHGERS, cosponsored by Senators |
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8 | 8 | | TOMCZYK, BRADLEY and NASS. Referred to Committee on State Affairs. |
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9 | 9 | | |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | To amend section 10 (1) (c) of article V of the constitution; relating to: restricting |
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12 | 12 | | the governor[s partial veto authority to only rejecting entire bill sections of an |
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13 | 13 | | appropriation bill that are capable of separate enactment and reducing |
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14 | 14 | | appropriations in a bill (first 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 2025 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, to only rejecting |
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19 | 19 | | one or more entire bill sections of the enrolled bill capable of separate enactment as |
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20 | 20 | | a complete, entire, and workable law and reducing appropriations in the enrolled |
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21 | 21 | | bill. The governor may not partially veto an enrolled bill in any other way. |
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22 | 22 | | Currently, in exercising the partial veto power, the governor is limited only in |
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23 | 23 | | that he or she may not create a new word by rejecting individual letters in the words |
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24 | 24 | | of the enrolled bill and may not create a new sentence by combining parts of two or |
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25 | 25 | | more sentences of the enrolled bill. In Bartlett v. Evers, 2020 WI 68, the Wisconsin |
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26 | 26 | | Supreme Court further restricted the governor[s partial veto power, but there was |
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27 | 27 | | no agreement by the court on the reasons for the new restrictions. The new |
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28 | 28 | | restriction on the governor[s partial veto power contained in this resolution |
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29 | 29 | | subsumes and expands on the current restrictions in the constitution. |
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33 | 33 | | 4 2025 - 2026 Legislature - 2 - LRB-0312/1 |
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34 | 34 | | MPG:amn |
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35 | 35 | | A proposed constitutional amendment requires adoption by two successive |
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36 | 36 | | legislatures, and ratification by the people, before it can become effective. |
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37 | 37 | | Resolved by the assembly, the senate concurring, That: |
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38 | 38 | | SECTION 1. Section 10 (1) (c) of article V of the constitution is amended to |
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39 | 39 | | read: |
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40 | 40 | | [Article V] Section 10 (1) (c) In approving an appropriation bill in part, the |
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41 | 41 | | governor may not create a new word by rejecting individual letters in the words of |
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42 | 42 | | the enrolled bill, and may not create a new sentence by combining parts of 2 or more |
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43 | 43 | | sentences only reject one or more entire bill sections of the enrolled bill capable of |
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44 | 44 | | separate enactment as a complete, entire, and workable law and reduce |
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45 | 45 | | appropriations in the enrolled bill. |
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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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