September 7, 2006 65LCB4
Sponsored by: Preston
Johnson
Joe Martinez Legislative Council
President
Authored by: Joe
Martinez Legislative
Council President
A
Bill to Amend the Legislative Council Bylaws
Bill
History
In previous years UCSU permitted student groups to place initiatives
before the students during the fall or spring elections. These initiatives allowed student groups to
pass a student fee that would be allocated directly to that group, without
involvement of any organ of UCSU proper.
This funding method was held unconstitutional by the U.S. Supreme Court
in Southworth v. Regents of the
University of Wisconsin, because this funding method did not adequately
protect minority viewpoints access to student funds. The Legislative Council enacted 62LCB5, which
provided that the Student Organizations Committee would fund hear funding
requests from groups who are no longer able to receive funding through the
initiative process.
In redrafting the SOC’s governing documents it became apparent that the documents, as revised, would conflict with the Legislative Council bylaws. Further, the “new” SOC as envisioned would cease to function as a commission and would operate in a manner more appropriately characterized as a joint board. This legislation would simply delete the SOC as a UCSU commission and clear the way for new legislation that would implement the intent and purpose of 62LCB5.
Bill
Summary
This bill would amend the UCSU Legislative Council Bylaws to delete the
Student Organization Commission.
THEREFORE BE IT ENACTED
Section 1: Article VII, Section
C, Subsection 3 shall be deleted from the UCSU Legislative Council Bylaws.
Section 2: The Student Organization Commission shall cease to exist as
a UCSU Commission.
Section 3: All funds currently held in accounts that are controlled by
the Student Organization Commission shall be maintained in their current SOFO
account(s) until further direction.
Section 4: This bill shall take effect upon passage of 2/3 of the
entire Legislative Council.
Vote Count
9/7/06 Passed Rules Committee
9/14/06 Passed 2nd Reading 14-0-0
It is my interpretation of Article V
of the UCSU Constitution that the Legislative Council may, from time to time, amend
or otherwise revise its bylaws without obligation to present the enacting
legislation to the Tri-Executives for their consideration. Without waiver or alteration of this
principle, I believe it is necessary to present this bill to the Tri-Executives
for their consideration because I understand sections 2 & 3 of this bill to
affect changes upon the SOC and to provide direction to SOFO that fall outside
the Legislative Council’s unitary authority to alter its bylaws.
Joe Martinez
Legislative Council President
Andrew Aitchison Charles
Johnson
Tri-Executive Tri-Executive
Ashley Nakagawa
Tri-Executive