Because operating notes are to be paid from money in process of collection, notes are not public debt. State ex rel. La Follette v. Stitt, 114 W (2d) 358, 338 NW (2d) 684 (1983).
An agreement to pay rent under a long-term lease would amount to contracting a debt unless the lease is made subject to the availability of future funds. 60 Atty. Gen. 408.
Borrowing money from federal government to replenish Wisconsin's unemployment compensation fund does not contravene either art. VIII, sec. 3 or 4. 71 Atty. Gen. 95.
VIII,5 Annual tax levy to equal expenses. Section 5. The legislature shall provide for an annual tax sufficient to defray the estimated expenses of the state for each year; and whenever the expenses of any year shall exceed the income, the legislature shall provide for levying a tax for the ensuing year, sufficient, with other sources of income, to pay the deficiency as well as the estimated expenses of such ensuing year.
Deficit reported in financial statements prepared in accordance with generally accepted accounting principles would not violate this section. 74 Atty. Gen. 202.
VIII,6 Public debt for extraordinary expense; taxation. Section 6. For the purpose of defraying extraordinary expenditures the state may contract public debts (but such debts shall never in the aggregate exceed one hundred thousand dollars). Every such debt shall be authorized by law, for some purpose or purposes to be distinctly specified therein; and the vote of a majority of all the members elected to each house, to be taken by yeas and nays, shall be necessary to the passage of such law; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt and the principal within five years from the passage of such law, and shall specially appropriate the proceeds of such taxes to the payment of such principal and interest; and such appropriation shall not be repealed, nor the taxes be postponed or diminished, until the principal and interest of such debt shall have been wholly paid.
See note to Art. VIII, sec. 2, citing 64 Atty. Gen. 39.
VIII,7 Public debt for public defense; bonding for public purposes. Section 7. [As amended April 1969, April 1975 and April 1992]
VIII,7(1) (1) The legislature may also borrow money to repel invasion, suppress insurrection, or defend the state in time of war; but the money thus raised shall be applied exclusively to the object for which the loan was authorized, or to the repayment of the debt thereby created.
VIII,7(2) (2) Any other provision of this constitution to the contrary notwithstanding:
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 (2) (d) because housing constructed is not for state use. State ex rel. Warren v. Nusbaum, 59 W (2d) 391, 208 NW (2d) 780.
The 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 act specifically prohibits 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 W (2d) 464, 235 NW (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 32.19 is permissible. 62 Atty. Gen. 42.
Issuance of general obligation bonds to finance state fair park coliseum is authorized by 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.
See note to 181.79, citing 74 Atty. Gen. 169.
To improve land or improve water under sub. (2) (a) 1 requires an undertaking to that improves the quality or condition of the land or water, but does not require that physical structures be involved. OAG 4-94.
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.
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 W (2d) 299, 182 NW (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.
See note to art. IV, sec. 20, citing 63 Atty. Gen. 346, concerning recording yeas and nays.
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.
Limit on recovery from governmental tort-feasors in 81.15 and 895.43, 1975 stats., is not invalid under this section. Stanhope v. Brown County, 90 W (2d) 823, 280 NW (2d) 711 (1979).
VIII,10 Internal improvements. Section 10. [As amended Nov. 1908, Nov. 1924, Apr. 1945, Apr. 1949, Apr. 1960, Apr. 1968 and Apr. 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 W (2d) 391, 208 NW (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 W (2d) 464, 235 NW (2d) 648.
Housing assistance program under 560.04 (3), 1985 stats., violates ban on state involvement in "internal improvements". Development Dept. v. Bldg. Comm'n., 139 W (2d) 1, 406 NW (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 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.
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 constitutional ban on works of internal improvement. 60 Atty. Gen. 231.
Ch. 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.
See note to 13.48, citing 69 Atty. Gen. 121.
Dredging navigable waterway to alleviate periodic flooding is not prohibited "work of internal improvement". 69 Atty. Gen. 176.
State's issuance of general obligation bonds under 92.15 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.
ARTICLE IX.
EMINENT DOMAIN AND PROPERTY OF THE STATE
IX,1 Jurisdiction on rivers and lakes; navigable waters. Section 1. The state shall have concurrent jurisdiction on all rivers and lakes bordering on this state so far as such rivers or lakes shall form a common boundary to the state and any other state or territory now or hereafter to be formed, and bounded by the same; and the river Mississippi and the navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the state as to the citizens of the United States, without any tax, impost or duty therefor.
The boating registration law does not violate this section. State v. Jackman, 60 W (2d) 700, 211 NW (2d) 480.
There is no constitutional barrier to the application of 30.18 to nonnavigable waters. Omernik v. State, 64 W (2d) 6, 218 NW (2d) 734.
Term "forever free" does not refer to physical obstructions but to political regulations which would hamper the freedom of commerce. Capt. Soma Boat Line v. Wisconsin Dells, 79 W (2d) 10, 255 NW (2d) 441.
Ordinance which provided for exclusive temporary use of portion of lake for public water exhibition licensees did not offend public trust doctrine. State v. Village of Lake Delton, 93 W (2d) 78, 286 NW (2d) 622 (Ct. App. 1979).
See note to 30.71, citing 61 Atty. Gen. 167.
Portages have lost the protection of the public trust doctrine under this section. 75 Atty. Gen. 89.
IX,2 Territorial property. Section 2. The title to all lands and other property which have accrued to the territory of Wisconsin by grant, gift, purchase, forfeiture, escheat or otherwise shall vest in the state of Wisconsin.
IX,3 Ultimate property in lands; escheats. Section 3. The people of the state, in their right of sovereignty, are declared to possess the ultimate property in and to all lands within the jurisdiction of the state; and all lands the title to which shall fail from a defect of heirs shall revert or escheat to the people.
ARTICLE X.
EDUCATION
X,1 Superintendent of public instruction. Section 1. [As amended Nov. 1902 and Nov. 1982] The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct; and their qualifications, powers, duties and compensation shall be prescribed by law. The state superintendent shall be chosen by the qualified electors of the state at the same time and in the same manner as members of the supreme court, and shall hold office for 4 years from the succeeding first Monday in July. The term of office, time and manner of electing or appointing all other officers of supervision of public instruction shall be fixed by law. [1899 J.R. 16, 1901 J.R. 3, 1901 c. 258, vote Nov. 1902; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
This section confers no more authority upon school officers than that delineated by statute. Arbitration Between West Salem & Fortney, 108 W (2d) 167, 321 NW (2d) 225 (1982).
X,2 School fund created; income applied. Section 2. [As amended Nov. 1982] The proceeds of all lands that have been or hereafter may be granted by the United States to this state for educational purposes (except the lands heretofore granted for the purposes of a university) and all moneys and the clear proceeds of all property that may accrue to the state by forfeiture or escheat; and the clear proceeds of all fines collected in the several counties for any breach of the penal laws, and all moneys arising from any grant to the state where the purposes of such grant are not specified, and the 500,000 acres of land to which the state is entitled by the provisions of an act of congress, entitled "An act to appropriate the proceeds of the sales of the public lands and to grant pre-emption rights," approved September 4, 1841; and also the 5 percent of the net proceeds of the public lands to which the state shall become entitled on admission into the union (if congress shall consent to such appropriation of the 2 grants last mentioned) shall be set apart as a separate fund to be called "the school fund," the interest of which and all other revenues derived from the school lands shall be exclusively applied to the following objects, to wit:
X,2(1) (1) To the support and maintenance of common schools, in each school district, and the purchase of suitable libraries and apparatus therefor.
X,2(2) (2) The residue shall be appropriated to the support and maintenance of academies and normal schools, and suitable libraries and apparatus therefor. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]
Section 59.20 (8), as to retention of 50% of traffic fines and forfeitures is valid. State ex rel. Comrs. of Pub. Lands v. Anderson, 56 W (2d) 666, 203 NW (2d) 84.
The clear proceeds of fines imposed (at least 50% under 59.20 (8)) after the accused forfeits a deposit by nonappearance must be sent to the state treasurer for the school fund. 58 Atty. Gen. 142.
Money resulting from state forfeiture action under 161.555 and 973.075 (4) must be deposited in school fund. Money granted to state after federal forfeiture proceeding need not be. 76 Atty. Gen. 209.
X,3 District schools; tuition; sectarian instruction; released time. Section 3. [As amended April 1972] The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable; and such schools shall be free and without charge for tuition to all children between the ages of 4 and 20 years; and no sectarian instruction shall be allowed therein; but the legislature by law may, for the purpose of religious instruction outside the district schools, authorize the release of students during regular school hours. [1969 J.R. 37, 1971 J.R. 28, vote April 1972]
The constitution does not require that school districts be uniform in size or equalized valuation. Larson v. State Appeal Bd. 56 W (2d) 823, 202 NW (2d) 920.
Public schools may sell or charge fees for the use of books and items of a similar nature when authorized by statute without violating sec. 3. Bd. of Education v. Sinclair, 65 W (2d) 179, 222 NW (2d) 143.
Use of the word "shall" in 118.155, making cooperation by school boards with programs of religious instruction during released time mandatory rather than discretionary does not infringe upon the inherent powers of a school board. State ex rel. Holt v. Thompson, 66 W (2d) 659, 225 NW (2d) 678.
School districts are not constitutionally compelled to admit gifted four-year old children into kindergarten. Zweifel v. Joint Dist., No. 1, Belleville, 76 W (2d) 648, 251 NW (2d) 822.
The general equalization formula under ch. 121 is constitutional under both art. I, sec. 1 and art. X, sec. 3 of the Wisconsin constitution. Kukor v. Grover, 148 W (2d) 469, 436 NW (2d) 568 (1989).
The state and its agencies, except the department of public instruction, constitutionally can deny service or require the payment of fees for services to children between 4 and 20 who seek admission to an institution or program because school services are lacking in their community or district. 58 Atty. Gen. 53.
VTAE schools are not "district schools" within meaning of this section. 64 Atty. Gen. 24.
Public school districts may not charge students for cost of driver education programs if programs are credited towards graduation. 71 Atty. Gen. 209.
Intrastate inequalities in public education; the case for judicial relief under the equal protection clause. Silard, White, 1970 WLR 7.
The constitutional mandate for free schools. 1971 WLR 971.
