State superintendent of public instruction.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0213

HOUSE
JOINT RESOLUTION

NO.
HJ0011

State superintendent of public instruction.

Sponsored by:

Representative(s) Harshman, Brown, Esquibel, K. and Krone and Senator(s) Rothfuss

A BILL

for

A JOINT RESOLUTION proposing to amend the Wyoming Constitution relating to the superintendent of public instruction; eliminating the elected status of the state superintendent
on and
after
January
5
,
201
5
; providing for supervision of public schools by the governor
through appointed cabinet officer
;
designating the appointed officer as ex officio
member
of
University of Wyoming board of trustees
;
removing the state superintendent from the board of land commissioners
on and
after
January
5
, 201
5
.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF
WYOMING
,
two-thirds of all the members of the two houses, voting separately, concurring therein:

Section 1.

The following proposal to amend Wyoming Constitution, Article 4, Section 11, Article 7, Sections
11, 14 and 17 and Article 18, Section 3 are proposed for submission to the electors of the State of Wyoming at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

Article 4, Section 11.

State officers; election; qualifications; terms.

There shall be chosen by the qualified electors of the state at the times and places of choosing members of the legislature, a secretary of state, auditor, treasurer, and superintendent of public instruction, who shall have attained the age of twenty-five (25) years respectively, shall be citizens of the United States, and shall have the qualifications of state electors. They shall severally hold their offices at the seat of government, for the term of four (4) years and until their successors are elected and duly qualified.
Commencing with the 2014 general election,
the state superintendent of public instruction shall not be elected
and on and after January 5, 2015

the general supervision of public schools pursuant to Article 7, Section 14
of th
is constitution,
shall be entrusted to the
governor
and his appointee
.
The legislature may
provide for such other state officers as are deemed necessary.

Article 7, Section 11.

Textbooks.

Neither the legislature
,

nor
while the office exists

the superintendent of public instruction
,

no
r the governor
or his appointee under Article 7, Section 14 of
this constitution,
shall have power to prescribe text books to be used in the public schools.

Article 7, Section 14.

Supervision of schools entrusted to governor
; cabinet officer appointment
.

(a)

Until
January 5, 2015
, t
he general supervision of the public schools shall be entrusted to the state superintendent of public instruction
, whose powers and duties shall be prescribed by law.

(b)

On and after January
5
, 201
5
, the general supervision of the public schools of Wyoming shall be
entrusted
to the governor. The governor shall appoint a cabinet
officer
of the executive branch of state government to represent the governor
in his role to supervise the
public schools of this state. The cabinet officer shall be appointed by and with the
advice
and consent of the senate, and his powers and duties shall be as prescribed by law.

Article 7, Section 17.

Government of university.

The legislature shall provide by law for the management of the university, its lands and other property by a board of trustees, consisting of not less than seven members, to be appointed by the governor by and with the advice and consent of the senate, and the president of the university, and
until
January 4
, 201
5
,
the superintendent of public instruction, as members ex officio, as such having the right to speak, but not to vote.
On and after January
5
, 201
5
, the cabinet officer appointed by the governor under Article 7, Section 14 of th
is c
onstitution, shall constitute an ex officio member of the board of trustees.

T
he duties and powers of the trustees shall be prescribed by law.

Article 18, Section 3.

Board of land commissioners.

Until
January 4
, 201
5
,
t
he governor, secretary of state, state treasurer, state auditor and superintendent of public
instruction shall constitute a board of land commissioners
.
,
which

On and after January
5
, 201
5
, the governor, secretary of state, state treasurer and state auditor shall constitute the board
. The board,
under direction of the legislature as limited by this constitution, shall have direction, control, leasing and disposal of lands of the state granted, or which may be hereafter granted for the support and benefit of public schools, subject to the further limitations that the sale of all lands shall be at public auction, after such delay (not less than the time fixed by congress) in portions at proper intervals of time, and at such minimum prices (not less than the minimum fixed by congress) as to realize the largest possible proceeds. And said board, subject to the limitations of this constitution and under such regulations as may be provided by law shall have the direction, control, disposition and care of all lands that have been heretofore or may hereafter be granted to the state.

Section 2.
That the Secretary of State shall endorse the following statement on the proposed amendment:

The adoption of this amendment eliminate
s
the state superintendent of public instruction as
an
elected official
commencing with the general election in 2014. Effective January 5, 2015
the general supervision of Wyoming public schools will be under the governor through an appointed cabinet level officer
by and with the advic
e and consent of the Wyoming senate.
Effective January
5
, 201
5
, the state board of land commissioners will be reduced from five to four members and the appointed cabinet level officer will become an ex officio member of the
University of Wyoming board of trustees.

(END)

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HJ0011