AJR 8

Explanation of Proposal

This proposed constitutional amendment, to be given second consideration by

the 2011 legislature for submittal to the voters in April 2011, was first considered by

the

2009

legislature in 2009 Assembly Joint Resolution

59

, which became

2009

Enrolled Joint Resolution

14

.

Article IV, section 34, of the Wisconsin Constitution provides that the

legislature, to ensure continuity of state and local government operations in periods

of emergency resulting from enemy attack, must provide for prompt and temporary

succession to the powers and duties of public offices, of whatever nature and whether

filled by election or appointment, the incumbents of which may be unavailable to

carry on the powers and duties of the offices. In addition, the legislature must adopt

any other measures that may be necessary to obtain the objectives of that section of

the constitution.

This constitutional amendment amends that provision in article IV, section 34,

to strike the phrase "enemy action in the form of an attack" and substitute "a severe

or prolonged, natural or human-caused, occurrence that threatens life, health, or the

security of the state," thereby providing for legislative action to ensure continuity in

periods of emergency, whether resulting from enemy attack or from other causes.

Procedure for second ConsideratioN

When a proposed constitutional amendment is before the legislature on second

consideration, any change in the text approved by the preceding legislature causes

the proposed constitutional amendment to revert to first consideration status so that

second consideration approval would have to be given by the next legislature before

the proposal may be submitted to the people for ratification [see joint rule 57 (2)].

If the legislature approves a proposed constitutional amendment on second

consideration, it must also set the date for submitting the proposed constitutional

amendment to the people for ratification and must determine the question or

questions to appear on the ballot.