SJR 78

This constitutional amendment, proposed to the 2021 legislature on first

consideration, does all of the following:

1. Provides for appointment of the state treasurer and establishment of the

Department of Revenue. Currently, the constitution provides for popular election of

the state treasurer every four years. Under this constitutional amendment, the

governor appoints the state treasurer for a four-year term, subject to the advice and

consent of the senate. The proposal also specifies certain events causing a vacancy

in office. Currently, the only duty assigned to the state treasurer by the constitution

is to serve as a member of the Board of Commissioners of Public Lands. All other

powers and duties are prescribed by law.

The constitutional amendment further requires the legislature to establish by

law the Department of Revenue to administer Wisconsin's tax laws. Under the

amendment, the Department of Revenue is to be under the direction and supervision

of the state treasurer.

2. Provides for appointment of the secretary of state. Currently, the

constitution provides for popular election of the secretary of state every four years.

Under this constitutional amendment, the governor appoints the secretary of state

for a four-year term, subject to the advice and consent of the senate. The proposal

also specifies certain events causing a vacancy in office. The constitution assigns the

following four duties to the secretary of state, with all other powers and duties being

prescribed by law:

a. Serve as governor when there is a vacancy in the office of lieutenant governor

and the governor dies, resigns, or is removed from office, or serve as acting governor

when there is a vacancy in the office of lieutenant governor and the governor is

absent from the state, impeached, or incapable of performing the duties of office.

b. Keep a fair record of the official acts of the legislature and executive

department of the state.

c. Serve as a member of the Board of Commissioners of Public Lands.

d. Keep the great seal of Wisconsin.

3. Provides for appointment of the state superintendent of public instruction.

Currently, the constitution provides for popular election of the state superintendent

of public instruction. Under this constitutional amendment, the governor appoints

the state superintendent for a four-year term, subject to the advice and consent of

the senate. The proposal also specifies certain events causing a vacancy in office.

The constitution vests the supervision of public instruction in the state

superintendent and such other officers as the legislature directs. The state

superintendent's powers and duties are prescribed by law.

A constitutional amendment requires adoption by two successive legislatures

and ratification by the people before it can become effective.