VIII,7(2)(a) (a) The state may contract public debt and pledges to the payment thereof its full faith, credit and taxing power:
VIII,7(2)(a)1. 1. To acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, railways, buildings, equipment or facilities for public purposes.
VIII,7(2)(a)2. 2. To make funds available for veterans' housing loans.
VIII,7(2)(b) (b) The aggregate public debt contracted by the state in any calendar year pursuant to paragraph (a) shall not exceed an amount equal to the lesser of:
VIII,7(2)(b)1. 1. Three-fourths of one per centum of the aggregate value of all taxable property in the state; or
VIII,7(2)(b)2. 2. Five per centum of the aggregate value of all taxable property in the state less the sum of: a. the aggregate public debt of the state contracted pursuant to this section outstanding as of January 1 of such calendar year after subtracting therefrom the amount of sinking funds on hand on January 1 of such calendar year which are applicable exclusively to repayment of such outstanding public debt and, b. the outstanding indebtedness as of January 1 of such calendar year of any entity of the type described in paragraph (d) to the extent that such indebtedness is supported by or payable from payments out of the treasury of the state.
VIII,7(2)(c) (c) The state may contract public debt, without limit, to fund or refund the whole or any part of any public debt contracted pursuant to paragraph (a), including any premium payable with respect thereto and any interest to accrue thereon, or to fund or refund the whole or any part of any indebtedness incurred prior to January 1, 1972, by any entity of the type described in paragraph (d), including any premium payable with respect thereto and any interest to accrue thereon.
VIII,7(2)(d) (d) No money shall be paid out of the treasury, with respect to any lease, sublease or other agreement entered into after January 1, 1971, to the Wisconsin State Agencies Building Corporation, Wisconsin State Colleges Building Corporation, Wisconsin State Public Building Corporation, Wisconsin University Building Corporation or any similar entity existing or operating for similar purposes pursuant to which such nonprofit corporation or such other entity undertakes to finance or provide a facility for use or occupancy by the state or an agency, department or instrumentality thereof.
VIII,7(2)(e) (e) The legislature shall prescribe all matters relating to the contracting of public debt pursuant to paragraph (a), including: the public purposes for which public debt may be contracted; by vote of a majority of the members elected to each of the 2 houses of the legislature, the amount of public debt which may be contracted for any class of such purposes; the public debt or other indebtedness which may be funded or refunded; the kinds of notes, bonds or other evidence of public debt which may be issued by the state; and the manner in which the aggregate value of all taxable property in the state shall be determined.
VIII,7(2)(f) (f) The full faith, credit and taxing power of the state are pledged to the payment of all public debt created on behalf of the state pursuant to this section and the legislature shall provide by appropriation for the payment of the interest upon and instalments of principal of all such public debt as the same falls due, but, in any event, suit may be brought against the state to compel such payment.
VIII,7(2)(g) (g) At any time after January 1, 1972, by vote of a majority of the members elected to each of the 2 houses of the legislature, the legislature may declare that an emergency exists and submit to the people a proposal to authorize the state to contract a specific amount of public debt for a purpose specified in such proposal, without regard to the limit provided in paragraph (b). Any such authorization shall be effective if approved by a majority of the electors voting thereon. Public debt contracted pursuant to such authorization shall thereafter be deemed to have been contracted pursuant to paragraph (a), but neither such public debt nor any public debt contracted to fund or refund such public debt shall be considered in computing the debt limit provided in paragraph (b). Not more than one such authorization shall be thus made in any 2-year period. [1967 J.R. 58, 1969 J.R. 3, vote April 1969; 1973 J.R. 38, 1975 J.R. 3, vote April 1975; J.R. 9, vote April 1992]
The Housing Authority Act does not violate sub. (2) (d) because housing constructed is not for state use. State ex rel. Warren v. Nusbaum, 59 Wis. 2d 391, 208 N.W.2d 780.
An authority's power to issue notes and bonds does not constitute the creation of a state debt or a pledge of the state's credit in violation of art. VIII, since the creating act specifically prohibited the authority from incurring state debt or pledging state credit, and the provision of the act recognizing a moral obligation on the part of the legislature to make up deficits does not create an obligation legally enforceable against the state. Wisconsin Solid Waste Recycling Auth. v. Earl, 70 Wis. 2d 464, 235 N.W.2d 648.
The debt limitations imposed are annual limitations but nevertheless have the effect of establishing an aggregate state debt limitation of 5% of the total value of all taxable property in the state plus the amount of debt sinking fund reserves on hand. 58 Atty. Gen. 1.
State debt financing under s. 32.19 is permissible. 62 Atty. Gen. 42.
Issuance of general obligation bonds to finance a state fair park coliseum is authorized by s. 20.866 (2) (zz) and is not violative of the state constitution. 62 Atty. Gen. 236.
Section 7 (2) (d) does not preclude the state from entering into a lease with a nonprofit corporation or other entity furnishing facilities for governmental functions unless there is an attempt to use the lease as part of a scheme for the state to acquire title to or the use of a facility without utilizing state general obligation bonding. 62 Atty. Gen. 296.
Improving land or improve water under sub. (2) (a) 1. requires an undertaking that improves the quality or condition of the land or water, but does not require that physical structures be involved. 81 Atty. Gen. 114.
VIII,8 Vote on fiscal bills; quorum. Section 8. On the passage in either house of the legislature of any law which imposes, continues or renews a tax, or creates a debt or charge, or makes, continues or renews an appropriation of public or trust money, or releases, discharges or commutes a claim or demand of the state, the question shall be taken by yeas and nays, which shall be duly entered on the journal; and three-fifths of all the members elected to such house shall in all such cases be required to constitute a quorum therein.
Section 70.11 (8m), Stats. 1967, imposed a tax on property not previously taxed, and since no roll call votes appear on the legislative journals, it was not validly passed. State ex rel. General Motors Corp. v. Oak Creek, 49 Wis. 2d 299, 182 N.W.2d 481.
Past decisions of the court consistently tend to limit the definition of what is a fiscal law and not every bill with a minimal fiscal effect requires a recorded vote. 60 Atty. Gen. 245.
The taking of yea and nay votes and the entry on the journals of the senate and assembly can be complied with by recording the total aye vote together with a listing of the names of those legislators who voted no, were absent or not voting or were paired on the question. Art. V, sec. 10; Art. VIII, sec. 8; Art. XII, sec. 1 discussed. 63 Atty. Gen. 346.
VIII,9 Evidences of public debt. Section 9. No scrip, certificate, or other evidence of state debt, whatsoever, shall be issued, except for such debts as are authorized by the sixth and seventh sections of this article.
The limit on recovery from governmental tort-feasors in ss. 81.15 and 895.43, 1975 stats., is not invalid under this section. Stanhope v. Brown County, 90 Wis. 2d 823, 280 N.W.2d 711 (1979).
VIII,10 Internal improvements. Section 10. [As amended Nov. 1908, Nov. 1924, April 1945, April 1949, April 1960, April 1968 and April 1992] Except as further provided in this section, the state may never contract any debt for works of internal improvement, or be a party in carrying on such works.
VIII,10(1) (1) Whenever grants of land or other property shall have been made to the state, especially dedicated by the grant to particular works of internal improvement, the state may carry on such particular works and shall devote thereto the avails of such grants, and may pledge or appropriate the revenues derived from such works in aid of their completion.
VIII,10(2) (2) The state may appropriate money in the treasury or to be thereafter raised by taxation for:
VIII,10(2)(a) (a) The construction or improvement of public highways.
VIII,10(2)(b) (b) The development, improvement and construction of airports or other aeronautical projects.
VIII,10(2)(c) (c) The acquisition, improvement or construction of veterans' housing.
VIII,10(2)(e) (e) The acquisition, development, improvement or construction of railways and other railroad facilities.
VIII,10(3) (3) The state may appropriate moneys for the purpose of acquiring, preserving and developing the forests of the state. Of the moneys appropriated under the authority of this subsection in any one year an amount not to exceed two-tenths of one mill of the taxable property of the state as determined by the last preceding state assessment may be raised by a tax on property. [1905 J.R. 11, 1907 J.R. 18, 1907 c. 238, vote Nov. 1908; 1921 J.R. 29S, 1923 J.R. 57, 1923 c. 289, vote Nov. 1924; 1943 J.R. 37, 1945 J.R. 3, vote April 1945; Spl. S. 1948 J.R. 1, 1949 J.R. 1, vote April 1949; 1957 J.R. 58, 1959 J.R. 15, vote April 1960; 1965 J.R. 43, 1967 J.R. 25, vote April 1968; 1991 J.R. 9, vote April 1992]
The Housing Authority Act does not make the state a party to carrying on works of public improvement. State ex rel. Warren v. Nusbaum, 59 Wis. 2d 391, 208 N.W.2d 780.
The Solid Waste Recycling Authority Act does not contravene the Art. VIII, sec. 10 prohibition against state participation in internal improvements. Wisconsin Solid Waste Recycling Auth. v. Earl, 70 Wis. 2d 464, 235 N.W.2d 648.
The housing assistance program under 560.04 (3), 1985 stats., violated the ban on state involvement in "internal improvements." Development Dept. v. Building Commission, 139 Wis. 2d 1, 406 N.W.2d 728 (1987).
State participation in a proposed convention center in the City of Milwaukee would not violate either the "public purpose" doctrine or the internal improvements prohibitions of art. VIII, sec. 10, so long as such participation is directed solely to the clearly identifiable portion of the center allocated to use as a state-operated tourist information center or some similar state governmental function. A state tax operable only in 2 or 3 counties would not be a proper means of operational financing of such a center. 58 Atty. Gen. 119.
The secretary of the department of transportation, while acting as agent for airport sponsors, pursuant to s. 114.32, can give the required assurance to the Federal Aviation Administration and provide replacement housing without violating Art. VIII, sec. 10. 60 Atty. Gen. 225.
A vocational, technical and adult education district has authority to purchase buildings for administration purposes or student dormitory housing, and in doing so would not violate the constitutional ban on works of internal improvement. 60 Atty. Gen. 231.
Chapter 108, laws of 1973, creating a small business investment company fund, contemplates the appropriation of public funds for a valid public purpose, not for works of internal improvement, and is constitutional. 62 Atty. Gen. 212.
Subject to certain limitations, the lease of state office building space to commercial enterprise serving both state employees and the general public is constitutional. Such leases do not require bidding. 69 Atty. Gen. 121.
Dredging a navigable waterway to alleviate periodic flooding is not a prohibited "work of internal improvement." 69 Atty. Gen. 176.
The state's issuance of general obligation bonds to fund private construction for pollution abatement purposes does not violate Art. VIII, secs. 3 and 10, or the public purpose doctrine. 74 Atty. Gen. 25.
A new look at internal improvements and public purpose rules. Eich, 1970 WLR 1113.
