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.
IV,33 Auditing of state accounts. Section 33. [As created Nov. 1946] The legislature shall provide for the auditing of state accounts and may establish such offices and prescribe such duties for the same as it shall deem necessary. [1943 J.R. 60, 1945 J.R. 73, vote Nov. 1946]
IV,34 Continuity of civil government. Section 34. [As created April 1961] The legislature, in order to ensure continuity of state and local governmental operations in periods of emergency resulting from enemy action in the form of an attack, shall (1) forthwith provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) adopt such other measures as may be necessary and proper for attaining the objectives of this section. [1959 J.R. 50, 1961 J.R. 10, vote April 1961]
ARTICLE V.
EXECUTIVE.
V,1 Governor; lieutenant governor; term. Section 1. [As amended April 1979] The executive power shall be vested in a governor who shall hold office for 4 years; a lieutenant governor shall be elected at the same time and for the same term. [1977 J.R. 32, 1979 J.R. 3, vote April 1979]
Executive orders of the Wisconsin governor. 1980 WLR 333.
V,1m Governor; 4-year term. Section 1m. [Created April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15, vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]
V,1n Lieutenant governor; 4-year term. Section 1n. [Created April 1967; repealed April 1979; see 1965 J.R. 80, 1967 J.R. 10 and 15, vote April 1967; 1977 J.R. 32, 1979 J.R. 3, vote April 1979.]
V,2 Eligibility. Section 2. No person except a citizen of the United States and a qualified elector of the state shall be eligible to the office of governor or lieutenant governor.
V,3 Election. Section 3. [As amended April 1967] The governor and lieutenant governor shall be elected by the qualified electors of the state at the times and places of choosing members of the legislature. They shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices beginning with the general election in 1970. The persons respectively having the highest number of votes cast jointly for them for governor and lieutenant governor shall be elected; but in case two or more slates shall have an equal and the highest number of votes for governor and lieutenant governor, the two houses of the legislature, at its next annual session shall forthwith, by joint ballot, choose one of the slates so having an equal and the highest number of votes for governor and lieutenant governor. The returns of election for governor and lieutenant governor shall be made in such manner as shall be provided by law. [1965 J.R. 45, 1967 J.R. 11 and 14, vote April 1967]
V,4 Powers and duties. Section 4. The governor shall be commander in chief of the military and naval forces of the state. He shall have power to convene the legislature on extraordinary occasions, and in case of invasion, or danger from the prevalence of contagious disease at the seat of government, he may convene them at any other suitable place within the state. He shall communicate to the legislature, at every session, the condition of the state, and recommend such matters to them for their consideration as he may deem expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws be faithfully executed.
The legislature cannot require the governor to make specific recommendations to a future legislature or to include future appropriations in the executive budget bill. State ex rel. Warren v. Nusbaum, 59 W (2d) 391, 208 NW (2d) 780.
V,5 Compensation of governor. Section 5. [Amended Nov. 1869 and Nov. 1926; repealed Nov. 1932; see 1868 J.R. 9, 1869 J.R. 2, 1869 c. 186, vote Nov. 1869; 1923 J.R. 80, 1925 J.R. 52, 1925 c. 413, vote Nov. 1926; 1929 J.R. 69, 1931 J.R. 52, vote Nov. 1932].
V,6 Pardoning power. Section 6. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason he shall have the power to suspend the execution of the sentence until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually communicate to the legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve, with his reasons for granting the same.
Executive clemency in Wisconsin. Bauer, 1973 WLR 1154.
V,7 Lieutenant governor, when governor. Section 7. [As amended April 1979]
V,7,(1) (1) Upon the governor's death, resignation or removal from office, the lieutenant governor shall become governor for the balance of the unexpired term.
V,7,(2) (2) If the governor is absent from this state, impeached, or from mental or physical disease, becomes incapable of performing the duties of the office, the lieutenant governor shall serve as acting governor for the balance of the unexpired term or until the governor returns, the disability ceases or the impeachment is vacated. But when the governor, with the consent of the legislature, shall be out of this state in time of war at the head of the state's military force, the governor shall continue as commander in chief of the military force. [1977 J.R. 32, 1979 J.R. 3, vote April 1979]
Meaning of "absence" discussed. 68 Atty. Gen. 109.
V,8 Secretary of state, when governor. Section 8. [As amended April 1979]
V,8,(1) (1) If there is a vacancy in the office of lieutenant governor and the governor dies, resigns or is removed from office, the secretary of state shall become governor for the balance of the unexpired term.
V,8,(2) (2) If there is a vacancy in the office of lieutenant governor and the governor is absent from this state, impeached, or from mental or physical disease becomes incapable of performing the duties of the office, the secretary of state shall serve as acting governor for the balance of the unexpired term or until the governor returns, the disability ceases or the impeachment is vacated. [1977 J.R. 32, 1979 J.R. 3, vote April 1979]
V,9 Compensation of lieutenant governor. Section 9. [Amended Nov. 1869; repealed Nov. 1932; see 1868 J.R. 9, 1869 J.R. 2, 1869 c. 186, vote Nov. 1869; 1929 J.R. 70, 1931 J.R. 53, vote Nov. 1932]
V,10 Governor to approve or veto bills; proceedings on veto. Section 10. [As amended Nov. 1908, Nov. 1930 and Apr. 1990]
V,10,(1)(a) (a) Every bill which shall have passed the legislature shall, before it becomes a law, be presented to the governor.
V,10,(1)(b) (b) If the governor approves and signs the bill, the bill shall become law. Appropriation bills may be approved in whole or in part by the governor, and the part approved shall become law.
V,10,(1)(c) (c) In approving an appropriation bill in part, the governor may not create a new word by rejecting individual letters in the words of the enrolled bill.
V,10,(2)(a) (a) If the governor rejects the bill, the governor shall return the bill, together with the objections in writing, to the house in which the bill originated. The house of origin shall enter the objections at large upon the journal and proceed to reconsider the bill. If, after such reconsideration, two-thirds of the members present agree to pass the bill notwithstanding the objections of the governor, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present it shall become law.
V,10,(2)(b) (b) The rejected part of an appropriation bill, together with the governor's objections in writing, shall be returned to the house in which the bill originated. The house of origin shall enter the objections at large upon the journal and proceed to reconsider the rejected part of the appropriation bill. If, after such reconsideration, two-thirds of the members present agree to approve the rejected part notwithstanding the objections of the governor, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members present the rejected part shall become law.
V,10,(2)(c) (c) In all such cases the votes of both houses shall be determined by ayes and noes, and the names of the members voting for or against passage of the bill or the rejected part of the bill notwithstanding the objections of the governor shall be entered on the journal of each house respectively.
V,10,(3) (3) Any bill not returned by the governor within 6 days (Sundays excepted) after it shall have been presented to the governor shall be law unless the legislature, by final adjournment, prevents the bill's return, in which case it shall not be law. [1905 J.R. 14, 1907 J.R. 13, 1907 c. 661, vote Nov. 1908; 1927 J.R. 37, 1929 J.R. 43, vote Nov. 1930; 1987 A.J.R. 71, 1989 S.J.R. 11, vote Apr. 1990]
In determining whether the governor has acted in 6 days, judicial notice may be taken of the chief clerk's records to establish the date it was presented to him. State ex rel. General Motors Corp. v. Oak Creek, 49 W (2d) 299, 182 NW (2d) 481.
