2023 - 2024 LEGISLATURE
LRB-5756/1
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2023 ASSEMBLY JOINT RESOLUTION 112
February 2, 2024 - Introduced by Representatives NEDWESKI, KITCHENS, SORTWELL,
ARMSTRONG, BINSFELD, BODDEN, CALLAHAN, DITTRICH, DONOVAN, EDMING,
GOEBEN, GREEN, GUNDRUM, GUSTAFSON, MACCO, MAGNAFICI, MAXEY, MOSES,
MURPHY, O'CONNOR, PENTERMAN, PETRYK, RETTINGER, ROZAR, SAPIK, SCHRAA,
SPIROS and STEFFEN, cosponsored by Senators KNODL, NASS, BRADLEY, TOMCZYK
and WANGGAARD. Referred to Committee on State Affairs.
1 To amend section 10 (1) (c) of article V of the constitution; relating to: prohibiting
2 the governor from using the partial veto to create or increase any tax or fee (first
3 consideration).
Analysis by the Legislative Reference Bureau
This proposed constitutional amendment, proposed to the 2023 legislature on
first consideration, amends the Wisconsin Constitution to restrict the governor, in
exercising his or her partial veto power over an appropriation bill, from creating or
increasing or authorizing the creation or increase of any tax or fee.
Currently, in exercising the partial veto power, the governor is limited only in
that he or she may not create a new word by rejecting individual letters in the words
of the enrolled bill and may not create a new sentence by combining parts of two or
more sentences of the enrolled bill. In Bartlett v. Evers, 2020 WI 68, the Wisconsin
Supreme Court further restricted the governor's partial veto power, but there was
no agreement by the court on the reasons for the new restrictions. The new
restriction on the governor's partial veto power contained in the amendment is in
addition to the current restrictions in the constitution.
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
4 Resolved by the assembly, the senate concurring, That:
5 SECTION 1. Section 10 (1) (c) of article V of the constitution is amended to read:
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SECTION 1
1 [Article V] Section 10 (1) (c) In approving an appropriation bill in part, the
2 governor may not create a new word by rejecting individual letters in the words of
3 the enrolled bill, and may not create a new sentence by combining parts of 2 or more
4 sentences of the enrolled bill, and may not create or increase or authorize the creation
5 or increase of any tax or fee.
6 Be it further resolved, That this proposed amendment be referred to the
7 legislature to be chosen at the next general election and that it be published for 3
8 months previous to the time of holding such election.
9 (END)