Section 301.04, which permits the Department of Corrections (DOC) to sue and be sued, is not an express waiver of the DOC's tort immunity but rather addresses the DOC's capacity to be sued. Mayhugh v. State,
2015 WI 77,
364 Wis. 2d 208m
867 N.W.2d 754,
13-1023.
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.
The plain meaning of sub. (9) pertains not just to legislation directly incorporating a municipality, but also to legislation providing a process for incorporating. A provision in a budget bill that exempted a town from the normal statutory incorporation process violated sub. (9) and was unconstitutional. Kuehne v. Burdette,
2009 WI App 119,
320 Wis. 2d 784,
772 N.W.2d 225,
08-1342.
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]
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
IV,34(1)(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]
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 Wis. 2d 391,
208 N.W.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.
To Forgive, Divine: The Governor's Pardoning Power. Bach. Wis. Law. Feb. 2005.
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]
The meaning of “absence" is 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, April 1990 and April 2008]
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, and may not create a new sentence by combining parts of 2 or more sentences 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 J.R. 76, 1989 J.R. 39, vote April 1990; 2005 J.R. 46, 2007 J.R. 26, vote April 2008]
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 the bill was presented to the governor. State ex rel. General Motors Corp. v. Oak Creek,
49 Wis. 2d 299,
182 N.W.2d 481.
The governor may veto individual words, letters and digits, and may also reduce appropriations by striking digits, as long as what remains after the veto is a complete, entire, and workable law. Wis. Senate v. Thompson,
144 Wis. 2d 429,
424 N.W.2d 385 (1988).
The governor may approve part of an appropriation bill by reducing the amount of money appropriated by striking a number and writing in a smaller one. This power extends only to monetary figures and is not applicable outside the context of reducing appropriations. Citizens Utility Board v. Klauser,
194 Wis. 2d 485,
534 N.W.2d 608 (1995).
The governor may not disapprove of parts of legislation by writing in new numbers except when the disapproved part is a monetary figure that expresses an appropriation amount in an appropriation bill. Figures that are not appropriation amounts but are closely related to appropriation amounts are not subject to such a “write-in" veto. Risser v. Klauser,
207 Wis. 2d 176,
558 N.W.2d 108 (1997),
96-0042.
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.
The governor may not alter partial vetoes once the approved portion of the act has been delivered to the secretary of state and the disapproved portion returned to the house of origin. 70 Atty. Gen. 154.
Failure of the governor to express objections to several possible partial vetoes of the 1981-82 budget bill made any such possible vetoes ineffective. 70 Atty. Gen. 189.
The governor's partial veto of section 1117g of 1991 Wis. Act 269 did not result in a complete and workable law and was invalid. Because the governor's approval was not necessary for the bill to become law, the invalidity of the partial veto resulted in s. 605.35 being enforced as passed by the legislature. 80 Atty. Gen. 327.
The partial veto power violates no federal constitutional provision. Risser v. Thompson,
930 F.2d 549 (1991).
Wisconsin partial veto. 1989 WLR 1395 (1989).
The Origin and Evolution of the Partial Veto Power. Wade. Wis. Law. March 2008.
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, April 1982, Nov. 1998, April 2005]
VI,4(1)(a)
(a) Except as provided in pars. (b) and (c) and sub. (2), coroners, registers of deeds, district attorneys, and all other elected county officers, except judicial officers, sheriffs, and chief executive officers, shall be chosen by the electors of the respective counties once in every 2 years.
VI,4(1)(b)
(b) Beginning with the first general election at which the governor is elected which occurs after the ratification of this paragraph, sheriffs shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years and coroners in counties in which there is a coroner shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years.
VI,4(1)(c)
(c) Beginning with the first general election at which the president is elected which occurs after the ratification of this paragraph, district attorneys, registers of deeds, county clerks, and treasurers shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 years and surveyors in counties in which the office of surveyor is filled by election shall be chosen by the electors of the respective counties, or by the electors of all of the respective counties comprising each combination of counties combined by the legislature for that purpose, for the term of 4 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)(a)(a) Sheriffs may not hold any other partisan office.
VI,4(3)(b)
(b) 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.
