Where University has obtained ethnic or racial information about its employes under a necessary pledge of confidentiality, it need not divulge such information to a Senate committee where the committee has refused to issue a subpoena requested by the chairman and the needs of the committee can apparently be satisfied without such disclosure. (Unpub.). 79-1977
CONSERVATION
See also FISH AND GAME
Fees
Assembly Bill 894 as drafted is constitutional and allows the State to contribute $1 of the $3 fee collected from a state waterfowl hunting stamp to private nonprofit organizations for development of waterfowl propagation areas in Canada. 67-56
Ordinances, applicability of
A county ordinance passed under section 92.11, Stats., may be applicable to incorporated as well as unincorporated areas of the county, whereas a county ordinance passed under section 92.16 is applicable only in the unincorporated areas of the county. 77-87
Taxation
Section 70.11(24), Stats., is unconstitutional as violative of the Uniformity Clause in Wis. Const. art. VIII, sec. 1. 66-326
Wardens, fresh pursuit onto reservation
State and county conservation wardens and Sheriff's officers have authority under state law to arrest a Menominee Indian suspect on the reservation following fresh pursuit for an off-reservation violation of state law, if the arrest is one the officer is otherwise authorized to make. Although the State is generally obliged to comply with Menominee tribal extradition procedures, the State's personal jurisdiction over an Indian arrested under the circumstances described is probably not pre-empted by federal law. 74-245
Wardens, powers of arrest
A conservation warden, acting pursuant to the arrest power conferred upon him by sec. 29.05(1), Stats., may arrest with or without a warrant, any person detected in the actual violation, or any person whom such officer has reasonable cause to believe guilty of a violation of ch. 350, except where applicable to highways. A conservation warden has the power under sec. 29.05(1), Stats., to stop any snowmobile and to make necessary inquiries, if he has reasonable cause to believe there is a violation of ch. 350, and to conduct a limited weapons search where he reasonably suspects that he or another is in danger of physical injury. 64-166
The power of arrest of DNR wardens is limited by statute; they do not have general law enforcement authority except on state-owned lands, and property under DNR's supervision, management and control including the power to arrest violators of state law on all bodies of water which lie exclusively within such area, as determined by facility boundaries. 68-326
CONSTABLES
See POLICE
CONSTITUTIONAL LAW
Amendment to the constitution 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
Article VIII, Section 1 of the Wisconsin Constitution discussed. 15-94.
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
