A Wisconsin law patterned on Illinois' law which provides that improvements to real property would be assessed on the date of the completion of the improvements would be unconstitutional under article VIII, section 1 of the Wisconsin Constitution. 81-94
Article XIII, section 11 of the Wisconsin Constitution discussed. 77-237
Constitutional amendment voided by court order
The Legislature has the duty to resubmit a proposed constitutional amendment to the people when the previous election at which the amendment was submitted has been voided by court order, notwithstanding the fact that an appeal has been taken from the order voiding the election. 65-42
Due process; summary suspension of license
The Department of Regulation and Licensing has the authority to promulgate rules for procedures for the summary suspension of occupational licenses. Summary suspension of occupational licenses may constitutionally be invoked only in emergency situations and then only if the licensee is afforded a prompt hearing on whether the summary suspension should continue until a decision is made after a full hearing on the merits of the license deprivation. 76-110
Equal protection
Representation provisions of sec. 66.945(3), Stats., do not violate the equal protection clause. 62-136
First Amendment
Section 13.72, Stats., which prohibits anonymous paid advertising favoring or opposing pending legislation, is unconstitutional. 77-90
The administrative rule of the Department of Transportation granting an exemption on religious grounds from the photograph-taking requirement of sections 343.17(2) and 343.14(3), Stats., is violative of the First Amendment, United States Constitution, and of Wis. Const. art. I, § 18. 75-115
Privileges and Immunities Clause of the U.S. Constitution
Section 452.11(1), Stats., requiring nonresident real estate brokers to maintain an active place of business and prohibiting them from employing brokers or salespersons in this state, is unconstitutional since it violates the privileges and immunities clause of the United States Constitution. 77-109
Rent control ordinances
State statutory enabling legislation's required to authorize enactment of typical rent control ordinances. Assembly Substitute Amendment 1 to 1973 Assembly Bill 95 deemed incomplete and constitutionally infirm. 62-276
Supremacy Clause of U.S. Constitution
State regulation prohibiting single-hulled barges and requiring double-hulled barges on the Mississippi River adjacent to Wisconsin would violate the Supremacy Clause of the United States Constitution. 75-176
Uniformity clause
Section 70.325, Stats., violates article VIII, section 1 of the Wisconsin Constitution. 77-128
A Wisconsin law patterned on Illinois' law which provides that improvements to real property would be assessed on the date of the completion of the improvements would be unconstitutional under article VIII, section 1 of the Wisconsin Constitution. 81-94
CONSTITUTIONALITY
Annuity
If sec. 356 of 1977 Senate Bill 720 or the amendment to sec. 356 contained in Senate Amendment 3 to Senate Bill 720 were enacted, either would be constitutionally invalid. 67-134
Bail revocation
Chapter 112, sec. 10, Laws of 1979, which allows courts to revoke bail for violating judicially imposed conditions of bail does not violate Wis. Const. art. I, sec. 8. 69-164
Budget requests and employe lobbying
Section 19.45(12), Stats., is constitutional. 77-184
Contract clauses and the 1987 Budget Bill
Section 684r of the 1987 budget bill, which limits the distribution from the special performance dividend to only those annuitants receiving a supplemental benefit, does not violate the United States or Wisconsin Constitutions. 76-299
Delayed refund claims
1977 amendment to sec. 70.511(2), Stats., which allows municipalities to pass on part of delayed refund claims to other taxing districts for which taxes were collected, does not violate the uniformity provision of Wis. Const. art. VIII, sec. 1. For purposes of the amendment, "taxing districts" includes school and VTAE districts. 69-220
Due process requirements
Proposed legislation to create sec. 347.483 of the statutes, which would prohibit the use and sale of radar detectors meets due process requirements and is constitutionally sound. Moreover, such a law would not violate the Commerce or Supremacy Clauses of the U.S. Constitution. 68-256
Equal protection
Municipal service fees on tax-exempt property may violate the uniformity and equal protection clauses of the Wisconsin Constitution. 79-64
Executive service exemptions
Section 3017(2) of 1985 Wisconsin Act 29 (the 1985 State Budget Bill) violates article IV, section 18 of the Wisconsin Constitution. 75-192
Free pass
Article XIII, section 11 of the Wisconsin Constitution does not prohibit bona fide tours of railroad facilities conducted by rail. 79-137
Governor's partial vetoes
Certain of the Governor's partial vetoes to ch. 107, Laws of 1977, were invalid. The entire Bill should be returned to the originating house for reconsideration. 66-310
Health insurance plan, state
The amendment of section 40.05(4)(bc) by section 276 of 1991 Wisconsin Act 269, after issuance of OAG 7-92, renders such section not in violation of article IV, section 26 of the Wisconsin Constitution.
Changes to the state health insurance program embodied in sections 40.05(4)(bc) and 40.51(10m) are not in violation of the prohibition of article IV, section 26 of the Wisconsin Constitution, given the presumption of constitutionality and the lack of case law showing that all changes in benefits are subject to the prohibition. 81-28
Homestead property
Proposals for exemptions of "homestead property" from local property taxation probably are unconstitutional under the Equal Protection Clause of the state and federal constitutions and the Tax Uniformity Clause of the state constitution. 66-337
Income tax laws
Discussion of constitutional and policy considerations associated with federalization of state income tax laws. 66-331
Legislators
1979 AB 353, requiring candidates for the Legislature to declare whether they will receive a lower salary, conflicts with election bribery laws, sec. 12.11, Stats. Further, if enacted, it would violate the constitutional principle that the Legislature cannot impose additional qualifications to office. Finally, its constitutionality under the Fourteenth Amendment to the U.S. Constitution is subject to question. 68-214
Lobbying law
Certain provisions of Substitute Amendment 1 to 1977 Senate Bill 286, revising subch. III of ch. 13, Stats., the State's Lobbying Law, are incompatible with the rights of Wisconsin citizens to petition the government and to be secure against unreasonable searches and seizures and are therefore probably unconstitutional. The major portion of the bill is constitutional. (Unpub.). 15-1978
In principle, the purposes sought to be accomplished by Assembly Substitute Amendment 3 to 1977 Assembly Bill 93, revising subch. III of ch. 13, Stats., the State's Lobbying Law are compatible with the rights of Wisconsin citizens to petition the government and to be secure against unreasonable searches and seizures. Some of the means selected to accomplish those purposes may, on their face or as applied violate citizens' First Amendment right of petition. 67-85
Military service credit
Constitutionality of 1989 Assembly Bill 565, providing military service credit for State Teachers Retirement System and Milwaukee Teachers Retirement System teachers who retired in 1981, discussed. 79-125
Moraine Park District
That part of sec. 67.12(12)(e)5., Stats., requiring the petition requesting that a referendum be held on a vocational, technical and adult education district board's resolution to incur indebtedness to contain the signatures of electors from each county in the district equal to at least 2.5% of the population of the county is unconstitutional as applied to the Moraine Park District. Equal protection of the laws is denied to electors in certain counties of the district in that their signatures on the petition, because of the wide disparity in population among the counties, are accorded greatly disproportionate weight as compared to the signatures of electors in other counties. 66-349
Private or local act test
The provisions of the 1983 Budget Act restricting the expenditure of state and federal funds for the construction of additional lanes on I-43 in Milwaukee and Ozaukee Counties do not violate the requirement of Wisconsin Constitution article IV, section 18 that private and local bills must embrace only one subject which must be expressed in the bill's title. 79-43
