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.
Governor may veto individual words, letters and digits, and may also reduce appropriations by striking digits, as long as what remains after veto is complete, entire and workable law. Wis. Senate v. Thompson, 144 W (2d) 429, 424 NW (2d) 385 (1988).
See note to art. IV, sec. 20, citing 63 Atty. Gen. 346, concerning recording yeas and nays.
Governor may not alter partial vetoes once approved portion of act has been delivered to secretary of state and disapproved portion returned to house of origin. 70 Atty. Gen. 154.
Failure of governor to express his objections to several possible partial vetoes of 1981-82 budget bill make any such possible vetoes ineffective. 70 Atty. Gen. 189.
The Governor's partial veto of section 1117g of 1991 Wisconsin Act 269 did not result in a complete and workable law. The partial veto, therefore, was invalid. because the Governor's approval was not necessary for the bill to become law, the invalidity of the partial veto results in s. 605.35 being enforced as passed by the legislature. OAG 26-92.
Partial veto power violates no federal constitutional provision. Risser v. Thompson, 930 F (2d) 549 (1991).
Wisconsin partial veto. 1989 WLR 1395 (1989).
ARTICLE VI.
ADMINISTRATIVE.
VI,1 Election of secretary of state, treasurer and attorney general; term. Section 1. [As amended April 1979] The qualified electors of this state, at the times and places of choosing the members of the legislature, shall in 1970 and every 4 years thereafter elect a secretary of state, treasurer and attorney general who shall hold their offices for 4 years. [1977 J.R. 32, 1979 J.R. 3, vote April 1979]
VI,1m Secretary of state; 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]
VI,1n Treasurer; 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]
VI,1p Attorney general; 4-year term. Section 1p. [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]
VI,2 Secretary of state; duties, compensation. Section 2. [As amended Nov. 1946] The secretary of state shall keep a fair record of the official acts of the legislature and executive department of the state, and shall, when required, lay the same and all matters relative thereto before either branch of the legislature. He shall perform such other duties as shall be assigned him by law. He shall receive as a compensation for his services yearly such sum as shall be provided by law, and shall keep his office at the seat of government. [1943 J.R. 60, 1945 J.R. 73, vote Nov. 1946]
VI,3 Treasurer and attorney general; duties, compensation. Section 3. The powers, duties and compensation of the treasurer and attorney general shall be prescribed by law.
The powers of the attorney general in Wisconsin. Van Alstyne, Roberts, 1974 WLR 721.
VI,4 County officers; election, terms, removal; vacancies. Section 4. [As amended Nov. 1882, April 1929, Nov. 1962, April 1965, April 1967, April 1972 and April 1982]
VI,4,(1) (1) Sheriffs, coroners, registers of deeds, district attorneys, and all other elected county officers except judicial officers and chief executive officers, shall be chosen by the electors of the respective counties once in every 2 years.
VI,4,(2) (2) The offices of coroner and surveyor in counties having a population of 500,000 or more are abolished. Counties not having a population of 500,000 shall have the option of retaining the elective office of coroner or instituting a medical examiner system. Two or more counties may institute a joint medical examiner system.
VI,4,(3) (3) Sheriffs shall hold no other office. Sheriffs may be required by law to renew their security from time to time, and in default of giving such new security their office shall be deemed vacant.
VI,4,(4) (4) The governor may remove any elected county officer mentioned in this section, giving to the officer a copy of the charges and an opportunity of being heard.
VI,4,(5) (5) All vacancies in the offices of sheriff, coroner, register of deeds or district attorney shall be filled by appointment. The person appointed to fill a vacancy shall hold office only for the unexpired portion of the term to which appointed and until a successor shall be elected and qualified. [1881 J.R. 16A, 1882 J.R. 3, 1882 c. 290, vote Nov. 1882; 1927 J.R. 24, 1929 J.R. 13, vote April 1929; 1959 J.R. 68, 1961 J.R. 64, vote Nov. 6, 1962; 1963 J.R. 30, 1965 J.R. 5, vote April 1965; 1965 J.R. 61, 1967 J.R. 12, vote April 1967; 1969 J.R. 33, 1971 J.R. 21, vote April 1972; 1979 J.R. 38, 1981 J.R. 15, vote April 1982]
The Shawano district attorney may properly serve as district attorney of Menominee county since the latter was not organized for judicial purposes. Pamanet v. State, 49 W (2d) 501, 182 NW (2d) 459.
This section does not bar a county from assisting in the defense of actions brought against the sheriff as a result of the sheriff's official acts. Bablitch and Bablitch v. Lincoln County, 82 W (2d) 574, 263 NW (2d) 218.
Sheriff's powers and duties discussed. Professional Police Ass'n. v. Dane County, 106 W (2d) 303, 316 NW (2d) 656 (1982).
Sheriff's assignment of deputy to undercover drug investigation falls within constitutionally protected powers of the sheriff and could not be limited by a collective bargaining agreement. Manitowoc Co. v. Local 986B 168 W (2d) 819, 484 NW (2d) 534 (1992).
Implementation legislation is necessary before counties under 500,000 may abolish office of coroner. 61 Atty. Gen. 355.
County board in county under 500,000 can abolish elective office of coroner and implement medical examiner system to be effective at end of incumbent coroner's term. Language in 61 Atty. Gen. 355 inconsistent herewith is withdrawn. 63 Atty. Gen. 361.
This section does not immunize counties from liability for their own acts. Soderbeck v. Burnett County, Wis. 752 F (2d) 285 (1985).
County sheriff was officer of state, not county, when fulfilling constitutional obligations. Soderbeck v. Burnett County, Wis., 821 F (2d) 446 (7th Cir. 1987).
ARTICLE VII.
JUDICIARY.
VII,1 Impeachment; trial. Section 1. [As amended Nov. 1932] The court for the trial of impeachments shall be composed of the senate. The assembly shall have the power of impeaching all civil officers of this state for corrupt conduct in office, or for crimes and misdemeanors; but a majority of all the members elected shall concur in an impeachment. On the trial of an impeachment against the governor, the lieutenant governor shall not act as a member of the court. No judicial officer shall exercise his office, after he shall have been impeached, until his acquittal. Before the trial of an impeachment the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to evidence; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold any office of honor, profit or trust under the state; but the party impeached shall be liable to indictment, trial and punishment according to law. [1929 J.R. 72, 1931 J.R. 58, vote Nov. 1932]
VII,2 Court system. Section 2. [As amended April 1966 and April 1977] The judicial power of this state shall be vested in a unified court system consisting of one supreme court, a court of appeals, a circuit court, such trial courts of general uniform statewide jurisdiction as the legislature may create by law, and a municipal court if authorized by the legislature under section 14. [1963 J.R. 48, 1965 J.R. 50, vote April 1966; 1975 J.R. 13, 1977 J.R. 7, vote April 1977]
The Shawano-Menominee court was a constitutional district court since Menominee county was not organized for judicial purposes. Pamanet v. State, 49 W (2d) 501, 182 NW (2d) 459.
If 425.113 were to be interpreted so as to remove a court's power to issue a body attachment for one who chooses to ignore its orders, such interpretation would cause the statute to be unconstitutional as a violation of the principle of separation of powers. Smith v. Burns, 65 W (2d) 638, 223 NW (2d) 562.
Courts have no inherent power to stay or suspend execution of sentence in absence of statutory authority. Court's refusal to impose legislatively mandated sentence constitutes abuse of discretion and usurpation of legislative field. State v. Sittig, 75 W (2d) 497, 249 NW (2d) 770.
WERC is authorized by 111.06 (1) (L) to determine whether conduct in violation of criminal law has occurred. Such authorization is not a delegation of judicial power in violation of Art. VII, sec. 2 nor does the administrative procedure violate Art. I, sec. 8. Layton School of Art & Design v. WERC, 82 W (2d) 324, 262 NW (2d) 218.
Courts have no inherent power to dismiss criminal complaint with prejudice prior to attachment of jeopardy. State v. Braunsdorf, 92 W (2d) 849, 286 NW (2d) 14 (Ct. App. 1979).
Sections 489m, 490m and 561 (8), ch. 90, laws of 1973, may provide for and implement a legislative appointment to the office of county judge contrary to sec. 2 and Art. XIII, sec. 10. 63 Atty. Gen. 24.
