Recent U.S. Supreme Court decisions requiring almost absolute equality of population among electoral districts render nugatory the state court's construction of art. IV, sec. 4, as prohibiting assembly districts from dividing counties except where a county is entitled to more than one assemblyman. 58 Atty. Gen. 88.
IV,5 Senators, how chosen. Section 5. [As amended Nov. 1881 and Nov. 1982] The senators shall be elected by single districts of convenient contiguous territory, at the same time and in the same manner as members of the assembly are required to be chosen; and no assembly district shall be divided in the formation of a senate district. The senate districts shall be numbered in the regular series, and the senators shall be chosen alternately from the odd and even-numbered districts for the term of 4 years. [1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
IV,6 Qualifications of legislators. Section 6. No person shall be eligible to the legislature who shall not have resided one year within the state, and be a qualified elector in the district which he may be chosen to represent.
Requirement of 8.15 (4) (b), 1975 stats., that candidate reside in district at time of filing nomination papers unconstitutionally adds to candidacy qualifications required by Art. IV, sec. 6. 65 Atty. Gen. 159.
IV,7 Organization of legislature; quorum; compulsory attendance. Section 7. Each house shall be the judge of the elections, returns and qualifications of its own members; and a majority of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.
IV,8 Rules; contempts; expulsion. Section 8. Each house may determine the rules of its own proceedings, punish for contempt and disorderly behavior, and with the concurrence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause.
The legislature cannot sentence a person to confinement for contempt without notice and without giving an opportunity to respond to the charge. Groppi v. Leslie, 404 US 496.
IV,9 Officers. Section 9. [As amended April 1979] Each house shall choose its presiding officers from its own members. [1977 J.R. 32, 1979 J.R. 3, vote April 1979]
IV,10 Journals; open doors; adjournments. Section 10. Each house shall keep a journal of its proceedings and publish the same, except such parts as require secrecy. The doors of each house shall be kept open except when the public welfare shall require secrecy. Neither house shall, without consent of the other, adjourn for more than three days.
IV,11 Meeting of legislature. Section 11. [As amended Nov. 1881 and April 1968] The legislature shall meet at the seat of government at such time as shall be provided by law, unless convened by the governor in special session, and when so convened no business shall be transacted except as shall be necessary to accomplish the special purposes for which it was convened. [1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1965 J.R. 57, 1967 J.R. 48, vote April 1968]
IV,12 Ineligibility of legislators to office. Section 12. No member of the legislature shall, during the term for which he was elected, be appointed or elected to any civil office in the state, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected.
A legislator may be elected to a constitutional or statutory state elective office even though the emoluments of such office were raised during his legislative term. If so elected, he is limited by 13.04 (1) to the emoluments of the office prior to such increase. A legislator is not eligible, however, for appointment to an office created during his term or to an office the emoluments of which appointive office were raised during his legislative term. 63 Atty. Gen. 127.
IV,13 Ineligibility of federal officers. Section 13. [As amended April 1966] No person being a member of congress, or holding any military or civil office under the United States, shall be eligible to a seat in the legislature; and if any person shall, after his election as a member of the legislature, be elected to congress, or be appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat. This restriction shall not prohibit a legislator from accepting short periods of active duty as a member of the reserve or from serving in the armed forces during any emergency declared by the executive. [1963 J.R. 34, 1965 J.R. 14, vote April 1966.]
IV,14 Filling vacancies. Section 14. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature.
IV,15 Exemption from arrest and civil process. Section 15. Members of the legislature shall in all cases, except treason, felony and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.
Privilege under this section can be invoked by legislator only if legislator is subpoenaed, not if aide is subpoenaed. State v. Beno, 116 W (2d) 122, 341 NW (2d) 668 (1984).
IV,16 Privilege in debate. Section 16. No member of the legislature shall be liable in any civil action, or criminal prosecution whatever, for words spoken in debate.
Legislator invoked privilege under this section to immunize aide from subpoena to testify as to investigation conducted by aide. State v. Beno, 116 W (2d) 122, 341 NW (2d) 668 (1984).
In federal criminal prosecution against state legislator there is no legislative privilege barring introduction of evidence of legislator's legislative acts. United States v. Gillock, 445 US 360 (1980).
IV,17 Enactment of laws. Section 17. [As amended April 1977]
IV,17,(1) (1) The style of all laws of the state shall be "The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:".
IV,17,(2) (2) No law shall be enacted except by bill. No law shall be in force until published.
IV,17,(3) (3) The legislature shall provide by law for the speedy publication of all laws. [1975 J.R. 13, 1977 J.R. 7, vote April 1977]
The state legislature cannot constitutionally adopt prospective federal legislation by reference. 63 Atty. Gen. 229.
Article VII, sec. 21 [17] requires full text publication of all general laws, and publication of an abstract or synopsis of such laws would not be sufficient. Methods other than newspaper publication, under 985.04, may be utilized to give public notice of our general laws. 63 Atty. Gen. 346.
IV,18 Title of private bills. Section 18. No private or local bill which may be passed by the legislature shall embrace more than one subject, and that shall be expressed in the title.
Chapter 418, laws of 1977, s. 923 (48) (a) is a private or local bill enacted unconstitutionally. Soo Line R. Co. v. Transportation Dept. 101 W (2d) 64, 303 NW (2d) 626 (1981).
Specific prison siting provision in budget act did not violate this section. Test for distinguishing private or local law established. Milwaukee Brewers v. DH&SS, 130 W (2d) 79, 387 NW (2d) 254 (1986).
Challenged legislation, although general on its face, violated this section because classification employed isn't based on any substantial distinction between classes employed nor is it germane to purposes of the legislation. Brookfield v. Milw. Sewerage, 144 W (2d) 896, 426 NW (2d) 591 (1988).
IV,19 Origin of bills. Section 19. Any bill may originate in either house of the legislature, and a bill passed by one house may be amended by the other.
IV,20 Yeas and nays. Section 20. The yeas and nays of the members of either house on any question shall, at the request of one-sixth of those present, be entered on the journal.
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.
IV,21 Compensation of members. Section 21. [Amended Nov. 1867 and Nov. 1881; repealed April 1929; see 1865 J.R. 9; 1866 J.R. 3; 1867 c. 25, vote Nov. 1867; 1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1927 J.R. 57, 1929 J.R. 6, vote April 1929.]
IV,22 Powers of county boards. Section 22. The legislature may confer upon the boards of supervisors of the several counties of the state such powers of a local, legislative and administrative character as they shall from time to time prescribe.
See note to Art. IV, sec. 1, citing City of Beloit v. Kallas, 76 W (2d) 61, 250 NW (2d) 342.
Milwaukee county may, by ordinance, provide credit in retirement system for service of employe with another municipality. 61 Atty. Gen. 177.
IV,23 Town and county government. Section 23. [As amended Nov. 1962, April 1969 and April 1972] The legislature shall establish but one system of town government, which shall be as nearly uniform as practicable; but the legislature may provide for the election at large once in every 4 years of a chief executive officer in any county with such powers of an administrative character as they may from time to time prescribe in accordance with this section and shall establish one or more systems of county government. [1959 J.R. 68, 1961 J.R. 64, vote Nov. 6, 1962; 1967 J.R. 49, 1969 J.R. 2, vote April 1969; 1969 J.R. 32, 1971 J.R. 13, vote April 1972]
NOTE: The words "in any county", not shown in this section as printed in the statutes of 1971 and 1973, were not removed by the constitutional amendment ratified in April, 1972, and are again shown as part of the text.
Abolishing the office of town assessor in those counties adopting a countywide assessor system does not amount to creation of a different system of town government. Thompson v. Kenosha County, 64 W (2d) 673, 221 NW (2d) 845.
Only enactments which unnecessarily interfere with the system's uniformity in a material respect are invalidated by this section. Classifications based upon population have generally been upheld. Section 60.19 (1) (c) does not violate uniformity clause. State ex rel. Wolf v. Town of Lisbon, 75 W (2d) 152, 248 NW (2d) 450.
County has standing to challenge validity of rule not adopted in conformity with 227.02 through 227.025, 1985 stats. [now 227.16 - 227.21]. Dane County v. H&SS Dept. 79 W (2d) 323, 255 NW (2d) 539.
IV,23a Chief executive officer to approve or veto resolutions or ordinances; proceedings on veto. Section 23a. [As created Nov. 1962 and amended April 1969] Every resolution or ordinance passed by the county board in any county shall, before it becomes effective, be presented to the chief executive officer. If he approves, he shall sign it; if not, he shall return it with his objections, which objections shall be entered at large upon the journal and the board shall proceed to reconsider the matter. Appropriations may be approved in whole or in part by the chief executive officer and the part approved shall become law, and the part objected to shall be returned in the same manner as provided for in other resolutions or ordinances. If, after such reconsideration, two-thirds of the members-elect of the county board agree to pass the resolution or ordinance or the part of the resolution or ordinance objected to, it shall become effective on the date prescribed but not earlier than the date of passage following reconsideration. In all such cases, the votes of the members of the county board shall be determined by ayes and noes and the names of the members voting for or against the resolution or ordinance or the part thereof objected to shall be entered on the journal. If any resolution or ordinance is not returned by the chief executive officer to the county board at its first meeting occurring not less than 6 days, Sundays excepted, after it has been presented to him, it shall become effective unless the county board has recessed or adjourned for a period in excess of 60 days, in which case it shall not be effective without his approval. [1959 J.R. 68, 1961 J.R. 64, vote Nov. 6, 1962; 1967 J.R. 49, 1969 J.R. 2, vote April 1969]
County executive's partial-veto power is similar to governor's power. 73 Atty. Gen. 92.
County board may not amend resolution, ordinance or part thereof vetoed by county executive, but can pass separate substitute for submission to executive. Board has duty promptly to reconsider vetoed resolutions, ordinances or parts thereof. 74 Atty. Gen. 73.
IV,24 Lotteries and divorces. Section 24. [As amended April 1965, April 1973, April 1977 and April 1987]
IV,24,(1) (1) Except as provided in this section, the legislature shall never authorize any lottery or grant any divorce.
IV,24,(2) (2) Except as otherwise provided by law, the following activities do not constitute consideration as an element of a lottery:
IV,24,(2)(a) (a) To listen to or watch a televisions or radio program.
IV,24,(2)(b) (b) To fill out a coupon or entry blank, whether or not proof of purchase is required.
IV,24,(2)(c) (c) To visit a mercantile establishment or other place without being required to make a purchase or pay an admittance fee.
IV,24,(3) (3) The legislature may authorize the following bingo games licensed by the state, but all profits shall accrue to the licensed organization and no salaries, fees or profits may be paid to any other organization or person: bingo games operated by religious, charitable, service, fraternal or veterans' organizations or those to which contributions are deductible for federal or state income tax purposes.
IV,24,(4) (4) The legislature may authorize the following raffle games licensed by the state, but all profits shall accrue to the licensed local organization and no salaries, fees or profits may be paid to any other organization or person: raffle games operated by local religious, charitable, service, fraternal or veterans' organizations or those to which contributions are deductible for federal or state income tax purposes. The legislature shall limit the number of raffles conducted by any such organization.
IV,24,(5) (5) This section shall not prohibit pari-mutuel on-track betting as provided by law. The state may not own or operate any facility or enterprise for pari-mutuel betting, or lease any state-owned land to any other owner or operator for such purposes.
IV,24,(6) (6) The legislature may authorize the creation of a lottery to be operated by the state as provided by law. The expenditure of public funds or of revenues derived from lottery operations to engage in promotional advertising of the Wisconsin state lottery is prohibited. Any advertising of the state lottery shall indicate the odds of a specific lottery ticket to be selected as the winning ticket for each prize amount offered. The net proceeds of the state lottery shall be deposited in the treasury of the state, to be used for property tax relief as provided by law. [1963 J.R. 35, 1965 J.R. 2, vote April 1965; 1971 J.R. 31, 1973 J.R. 3, vote April 1973; 1975 J.R. 19, 1977 J.R. 6, vote April 1977; 1985 J.R. 36, 1987 J.R. 3, vote April 1987; 1985 J.R. 35, 1987 J. R. 4, vote April 1987]
The state lottery board may conduct any lottery game which complies with ticket language in constitution and ch. 565. Term "lottery" in constitution and statutes does not include any other forms of betting, playing or operation of gambling machines and devices and other forms of gambling defined in ch. 945. Legislature can statutorily authorize other non-lottery gambling including casino-type games. OAG 3-90.
Under Indian Gaming Regulatory Act, 25 U.S.C.A. ss. 2701-2721, gambling activities as defined and prohibited in ch. 945, other than lotteries and pari-mutuel on-track wagering, are not permitted by any person within or without Indian country in State of Wisconsin. Prohibition includes all non-lottery gambling such as casino-type games, gambling machines and other devices. Legislature can statutorily authorize non-lottery gambling within Indian country. OAG 3-90.
State's interest in preventing organized crime infiltration of tribal bingo enterprise does not justify state regulation in light of compelling federal and tribal interest supporting it. California v. Cabazon Band of Indians, 480 US 202 (1987).
When voters authorized a state-operated "lottery" they removed any remaining prohibition against state-operated games, schemes or plans involving prize, chance and consideration. Lac du Flambeau Indians v. State of Wisconsin, 770 F Supp. 480 (1991).
Gambling and the law: The Wisconsin experience, 1848-1980. Farnsley, 1980 WLR 811.
IV,25 Stationery and printing. Section 25. The legislature shall provide by law that all stationery required for the use of the state, and all printing authorized and required by them to be done for their use, or for the state, shall be let by contract to the lowest bidder, but the legislature may establish a maximum price; no member of the legislature or other state officer shall be interested, either directly or indirectly, in any such contract.
Legality of appointing nominee to board of regents when such person is a major stockholder in a printing company that is under contract to the state discussed. 60 Atty. Gen. 172.
IV,26 Extra compensation; salary change. Section 26.
IV,26,(1) (1) [As amended April 1956, April 1967, April 1974, April 1977 and April 1992] The legislature may not grant any extra compensation to a public officer, agent, servant or contractor after the services have been rendered or the contract has been entered into.
IV,26,(2) (2) Except as provided in this subsection, the compensation of a public officer may not be increased or diminished during the term of office:
IV,26,(2)(a) (a) When any increase or decrease in the compensation of justices of the supreme court or judges of any court of record becomes effective as to any such justice or judge, it shall be effective from such date as to every such justice or judge.
IV,26,(2)(b) (b) Any increase in the compensation of members of the legislature shall take effect, for all senators and representatives to the assembly, after the next general election beginning with the new assembly term.
IV,26,(3) (3) Subsection (1) shall not apply to increased benefits for persons who have been or shall be granted benefits of any kind under a retirement system when such increased benefits are provided by a legislative act passed on a call of ayes and noes by a three-fourths vote of all the members elected to both houses of the legislature and such act provides for sufficient state funds to cover the costs of the increased benefits. [1953 J.R. 41, 1955 J.R. 17, vote Apr. 3, 1956; 1965 J.R. 96, 1967 J.R. 17, vote April 1967; 1971 J.R. 12, 1973 J.R. 15, vote April 1974; 1975 J.R. 13, 1977 J.R. 7, vote April 1977; 1991 J.R. 13, vote April 1992]
This section does not prohibit retroactive wage adjustment negotiated by collective bargaining and applied only to period when employes were working without contract. Department of Administration v. WERC, 90 W (2d) 426, 280 NW (2d) 150 (1979).
An amendment authorizing increased benefits to all retired employes would constitute a legislative declaration that such expenditures would be for a public purpose. 58 Atty. Gen. 101.
University salaries may be increased only from the date the regents adopt the budget and are subject to subsequent funding by the legislature. 60 Atty. Gen. 487.
Payment of the supplemental benefit of 102.44 (1) is not precluded to former state employes by this section. The second injury fund is not impressed with a constructive trust which prevents its use for payment of such supplemental benefits. 62 Atty. Gen. 69.
IV,27 Suits against state. Section 27. The legislature shall direct by law in what manner and in what courts suits may be brought against the state.
An action will not lie against the secretary of revenue for a refund of a sales tax deposit since this is an action against the state and it was not alleged that the secretary acted outside his authority. Appel v. Halverson, 50 W (2d) 230, 184 NW (2d) 99.
Since the mandate of sec. 27 is to the legislature, the supreme court cannot, as herein urged, judicially intervene to change the doctrine of procedural immunity and thereby correct the anomaly which arises as a result of the constitutional restriction, absent legislative implementation, of tort suits against the state. Cords v. State, 62 W (2d) 42, 214 NW (2d) 405.
A state agency or officer may not waive state's sovereign immunity without specific authorization nor will principles of estoppel be applied so as to deprive a state of its sovereign rights. Lister v. Bd. of Regents, 72 W (2d) 282, 240 NW (2d) 610.
Though courts have common law jurisdiction to enforce arbitration awards generally, they cannot enforce awards against state absent express legislative authorization. State ex rel. Teach. Assts. v. Wis.-Madison Univ. 96 W (2d) 492, 292 NW (2d) 657 (Ct. App. 1980).
See note to Art. I, sec. 13, citing Zinn v. State, 112 W (2d) 417, 334 NW (2d) 67 (1983).
State has removed only the substantive defense of governmental tort immunity and the state constitutional barrier providing that the state may be sued only upon its consent remains. Knox v. Regents of University of Wisconsin, 385 F Supp. 886.
State immunity from suit. 1971 WLR 879.
IV,28 Oath of office. Section 28. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall before they enter upon the duties of their respective offices, take and subscribe an oath or affirmation to support the constitution of the United States and the constitution of the state of Wisconsin, and faithfully to discharge the duties of their respective offices to the best of their ability.
IV,29 Militia. Section 29. The legislature shall determine what persons shall constitute the militia of the state, and may provide for organizing and disciplining the same in such manner as shall be prescribed by law.
IV,30 Elections by legislature. Section 30. [As amended Nov. 1982] All elections made by the legislature shall be by roll call vote entered in the journals. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
IV,31 Special and private laws prohibited. Section 31. [As created Nov. 1871 and amended Nov. 1892] The legislature is prohibited from enacting any special or private laws in the following cases:
1st. For changing the name of persons or constituting one person the heir at law of another.
2d. For laying out, opening or altering highways, except in cases of state roads extending into more than one county, and military roads to aid in the construction of which lands may be granted by congress.
3d. For authorizing persons to keep ferries across streams at points wholly within this state.
4th. For authorizing the sale or mortgage of real or personal property of minors or others under disability.
5th. For locating or changing any county seat.
6th. For assessment or collection of taxes or for extending the time for the collection thereof.
7th. For granting corporate powers or privileges, except to cities.
8th. For authorizing the apportionment of any part of the school fund.
9th. For incorporating any city, town or village, or to amend the charter thereof. [1870 J.R. 13, 1871 J.R. 1, 1871 c. 122, vote Nov. 1871; 1889 J.R. 4, 1891 J.R. 4, 1891 c. 362, vote Nov. 1892]
See note to Art. IV, sec. 1, citing Madison Metropolitan Sewerage Dist. v. Stein, 47 W (2d) 349, 177 NW (2d) 131.
The Housing Authority, designated as a corporation, does not violate the prohibition against granting of corporate powers by the legislature. State ex rel. Warren v. Nusbaum, 59 W (2d) 391, 208 NW (2d) 780.
Creation of citizens utility board is constitutional. 69 Atty. Gen. 153.
IV,32 General laws on enumerated subjects. Section 32. [As created Nov. 1871] The legislature shall provide general laws for the transaction of any business that may be prohibited by section thirty-one of this article, and all such laws shall be uniform in their operation throughout the state. [1870 J.R. 13, 1871 J.R. 1, 1871 c. 122, vote Nov. 1871]
Tests for violation of ss. 31 and 32 discussed. Brookfield v. Milw. Sewerage, 144 W (2d) 896, 426 NW (2d) 591 (1988).
See note to 181.79, citing 74 Atty. Gen. 169.
