Panzer v. Doyle: Wisconsin Constitutional Law Deals the Governor a New Hand. Wawrzyn. 89 MLR. 221 (2005).
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.
The legality of appointing a nominee to the board of regents when that person is a major stockholder in a printing company that is under contract to the state is 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 April 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 a retroactive wage adjustment negotiated by collective bargaining and applied only to a period when employees were working without a contract. Department of Administration v. WERC, 90 Wis. 2d 426, 280 N.W.2d 150 (1979).
Payments to roadbuilders for extra compensation due to unexpected fuel costs violated this section. Krug v. Zueske, 199 Wis. 2d 406, 544 N.W.2d 618 (Ct. App. 1996), 94-3193.
The sub. (3) requirement of a three-fourths vote of all members elected to the legislature permits passage of a bill increasing benefits under a retirement system when the bill has received the votes of three-fourths of the entire elected membership of the legislature. Wisconsin Professional Police Association, Inc. v. Lightbourn, 2001 WI 59, 243 Wis. 2d 512, 627 N.W.2d 807, 99-3297.
An amendment authorizing increased benefits to all retired employees 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.
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 as that is an action against the state and it was not alleged that the secretary acted outside his authority. Appel v. Halverson, 50 Wis. 2d 230, 184 N.W.2d 99.
Since the mandate of this section is to the legislature, the supreme court cannot judicially intervene to change the doctrine of procedural immunity and thereby correct the anomaly that arises as a result of the constitutional restriction, absent legislative implementation, of tort suits against the state. Cords v. State, 62 Wis. 2d 42, 214 N.W.2d 405.
A state agency or officer may not waive the state's sovereign immunity without specific authorization, nor will principles of estoppel be applied to deprive the state of its sovereign rights. Lister v. Bd. of Regents, 72 Wis. 2d 282, 240 N.W.2d 610.
Although courts have common law jurisdiction to enforce arbitration awards generally, they cannot enforce awards against the state absent express legislative authorization. Teaching Assistants Assoc. v. UW-Madison, 96 Wis. 2d 492, 292 N.W.2d 657 (Ct. App. 1980).
The doctrine of sovereign immunity cannot bar an action for just compensation based on a taking of private property for public use even though the legislature has failed to establish specific provisions for the recovery of just compensation. Zinn v. State, 112 Wis. 2d 417, 334 N.W.2d 67 (1983).
A waiver of sovereign immunity in the creation of a state agency is discussed. Busse v. Dane County Regional Planning Comm. 181 Wis. 2d 527, 510 N.W.2d 136 (Ct. App. 1993).
Sovereign immunity does not apply to arbitration. State v. P. G. Miron Const. Co., Inc. 181 Wis. 2d 1045, 512 N.W.2d 499 (1994).
A specific performance action is a suit under this section. The legislature has not consented to be sued for specific performance, and such an action is not permitted against the state. Erickson Oil Products, Inc. v. DOT, 184 Wis. 2d 36, 516 N.W.2d 755 (Ct. App. 1994).
The state waives its sovereign immunity when it creates an agency as an independent going concern. Bahr v. State Investment Bd. 186 Wis. 2d 379, 521 N.W.2d 152 (Ct. App. 1994).
A county's appeal of an ex parte order that it was responsible for court costs incurred by the state public defender for an indigent defendant was not an action "brought" against the state. The public defender could not assert that the appeal was barred by sovereign immunity. Polk County v. State Public Defender, 188 Wis. 2d 665, 524 N.W.2d 389 (1994).
Although the general rule is that waivers of sovereign immunity must be read narrowly, when a statute provides a clear, express, and broadly worded consent to sue, the rule of narrow construction will not be applied anew to every type of claim brought under the statute. German v. DOT, 223 Wis. 2d 525, 589 N.W.2d 651 (Ct. App. 1998), 98-0250.
Congress lacks the power to subject the states to private suits in their own state courts. Alder v. Maine, 527 U.S. 706, 144. L. Ed. 2d 636 (1999).
The 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 and April 1993] The legislature is prohibited from enacting any special or private laws in the following cases:
IV,31(1) (1) For changing the names of persons, constituting one person the heir at law of another or granting any divorce.
IV,31(2) (2) 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.
IV,31(3) (3) For authorizing persons to keep ferries across streams at points wholly within this state.
IV,31(4) (4) For authorizing the sale or mortgage of real or personal property of minors or others under disability.
IV,31(5) (5) For locating or changing any county seat.
IV,31(6) (6) For assessment or collection of taxes or for extending the time for the collection thereof.
IV,31(7) (7) For granting corporate powers or privileges, except to cities.
IV,31(8) (8) For authorizing the apportionment of any part of the school fund.
IV,31(9) (9) 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; 1993 J.R. 3, vote April 1993]
An act validating existing sewerage districts previously held to be unconstitutionally organized is within the power of the legislature. Madison Metropolitan Sewerage Dist. v. Stein, 47 Wis. 2d 349, 177 N.W.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 Wis. 2d 391, 208 N.W.2d 780.
Sec. 31 includes a public purpose doctrine allowing the granting of limited corporate powers to entities created to promote a public and state purpose. Brookfield v. Milwaukee Sewerage District, 171 Wis. 2d 400, 491 N.W.2d 484 (1992).
Creation of citizens utility board is constitutional. 69 Atty. Gen. 153.
IV,32 General laws on enumerated subjects. Section 32. [As created Nov. 1871 and amended April 1993] The legislature may provide by general law for the treatment of any subject for which lawmaking is prohibited by section 31 of this article. Subject to reasonable classifications, 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; 1993 J.R. 3, vote April 1993]
Tests for violation of ss. 31 and 32 discussed. Brookfield v. Milwaukee Sewerage District, 144 Wis. 2d 896, 426 N.W.2d 591 (1988).
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]
