SJR 41

On June 14, 2011, in

Ozanne v. Fitzgerald

, the Wisconsin Supreme Court held

that under the constitutional separation of powers, the courts will not apply the

notice and public access requirements of the open meetings law to meetings of

legislative bodies.

The constitution also prohibits arrest of members of the legislature except for

treason, felony, or breach of the peace and exempts members from civil process

during the legislative session and for 15 days before and after the session.

This constitutional amendment, proposed to the 2011 legislature on first

consideration, requires the legislature to enact laws requiring reasonable notice of

and public access to meetings of governmental bodies, including the legislature, and

making members of the legislature subject to citations and civil penalties for

violations of such laws.

A constitutional amendment requires adoption by two successive legislatures,

and ratification by the people, before it can become effective.