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
Public lands
Proposed statutory language to ch. 24, Stats., does not meet constitutional and other standards. Alternate proposal offered. (Unpub.). 14-1981
Radar detectors
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
Tax Increment Law
Tax Increment Law appears constitutional on its face and the Department of Revenue should carry out its duties and responsibilities under the Law as directed by the Legislature. 65-194
Textbook loans to school students. 77-66
Unemployment Compensation Fund
Borrowing money from the federal government to replenish Wisconsin's unemployment compensation funds under the arrangements prescribed by federal law, does not contravene either Wis. Const. art. VIII, sec. 3 or 4. 71-95
Uniformity clause
Municipal service fees on tax-exempt property may violate the uniformity and equal protection clauses of the Wisconsin Constitution. 79-64
A motor vehicle registration fee which varies with the value of the motor vehicle or which is based upon the manufacturer's suggested retail price and the age of the motor vehicle would not violate article VIII, section 1 of the Wisconsin Constitution because the vehicle registration fee is a privilege tax, not a property tax. 79-135
An ad valorem tax upon automobiles, where the assessment would be based on the manufacturer's suggested retail price and the age of the vehicle, and where the rate would be unrelated to the tax rate upon other taxable property, would violate the uniformity requirement of Wis. Const. art. VIII, sec. 1. (Unpub.). 99-1977
Section 70.325, Stats., violates article VIII, section 1 of the Wisconsin Constitution. 77-128
Wisconsin Retirement System
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
Work of internal improvement
Dredging a navigable waterway to alleviate periodic flooding is not a prohibited "work of internal improvement" within the meaning of Wis. Const. art. VIII, sec. 10. 69-176
CONTEMPT OF COURT
