Governor's veto of one digit of a separable part of an appropriation bill constitutes an objection within the meaning of Wis. Const. art. V, sec. 10, and the entire part is returned to the Legislature for reconsideration. 62-238
Budget Act for 1983
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
Budget Adjustment Act of 1991
The Governor's partial veto of section 1117g of 1991 Wisconsin Act 269 did not result in a complete and workable law. The partial veto, therefore, was invalid. Because the Governor's approval was not necessary for the bill to become law, the invalidity of the partial veto results in the law being enforced as passed by the Legislature. 80-327
Budget Bill for 1981-1982
Failure of the Governor to express his objections to several possible partial vetoes of the 1981-82 Budget Bill make any such possible vetoes ineffective. 70-189
Budget Bill for 1985
The Legislature may impose certain controls on public purpose corporations, including the Wisconsin Higher Education Corporation, without violating article IV, sections 31 and 32 of the Wisconsin Constitution or the State's covenants with student loan revenue obligation bondholders. 74-169
Budget Bill for 1987
Section 16.49, Stats., does not prohibit or restrict an officer or employe from informing citizens of budget deliberations or suggesting that those citizens inform their elected officials of their opinions. 77-59
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
Budget Bill for 1991
Section 1148m of 1991 Wisconsin Act 39 does not violate article IV, sections 18 or 31 of the Wisconsin Constitution. 80-167
Statutory changes to the state accumulated sick leave conversion credit program contained in 1991 Wisconsin Act 39 (1991 budget bill) which determine the conversion credit based on a salary rate determined after terminating employment violate article IV, section 26 of the Wisconsin Constitution.
The Employe Trust Funds board has the standing to allege that the statutory changes are unconstitutional notwithstanding the general rule that state agencies or public officers cannot question the constitutionality of a statute. 80-187
Cable television; splitter fee prohibition
The federal Cable Communications Policy Act, 47 U.S.C. § 521 (1991), does not preempt state prohibition of mandatory fees for the use of splitter devices. 80-248
Classification legislation"
Section 1148m of 1991 Wisconsin Act 39 does not violate article IV, sections 18 or 31 of the Wisconsin Constitution. 80-167
Constitutional amendment
1971 Enrolled Joint Resolution 26 includes two propositions which may be submitted to the electors as one amendment to the Wisconsin Constitution. 63-28
County Judge
Sections 489m, 490m and 561(8), ch. 90, Laws of 1973, may provide for and implement a legislative appointment to the Office of County Judge contrary to the provisions of art. VII, sec. 2 and art. XIII, sec. 10, Wis. Const. 63-24
Crime victims compensation
Under ch. 949, Stats., DILHR is not authorized to direct payment of expenses incurred by victims of crime for dental, chiropractic, podiatric, or optometric services. (Unpub.). 84-1977
Emergency rules
The Legislature intended that emergency rules pursuant to sec. 227.027, Stats., would only have effect for 120 days. Therefore, an emergency rule may not be perpetuated by simply refiling it in accordance with subsec. (2) of sec. 227.027, Stats., before or after the 120 days provided in subsec. (1) lapse. 62-305
Federal Election Campaign Act
1981 Assembly Bill 176, which would create a congressional campaign fund to provide public funding for qualified candidates from Wisconsin for the United States House of Representatives, is preempted by the Federal Election Campaign Act. 70-185
Judges
1971 Enrolled Joint Resolution 26 includes two propositions which may be submitted to the electors as one amendment to the Wisconsin Constitution. 63-46
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
Section 13.72, Stats., which prohibits anonymous paid advertising favoring or opposing pending legislation, is unconstitutional. 77-90
Local highway construction of statewide concern
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
Mental Health Act
Amendment of the Mental Health Act as proposed in 1981 Assembly Bill 262 would be unconstitutional. 71-34
Private or local act; requirements for
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
Private or local" legislation
Section 1148m of 1991 Wisconsin Act 39 does not violate article IV, sections 18 or 31 of the Wisconsin Constitution. 80-167
Procedures
A bill such as 1973 Assembly Bill 1480 would probably result in a valid law even if the procedures specified in sec. 13.50(6), Stats., are disregarded by the Legislature. When an act is passed by both houses, in accordance with constitutional requirements, the courts will not inquire into whether statutory legislative procedures were followed. 63-305
Public lands
Proposed statutory language to ch. 24, Stats., does not meet constitutional and other standards. Alternate proposal offered. (Unpub.). 14-1981
Publication of all general laws
Article VII, sec. 21, Wis. Const., requires full text publication of all general laws, and publication of an abstract or synopsis of such laws would not be sufficient under the Constitution. Methods other than newspaper publication, under sec. 985.04, Stats., may be utilized to give public notice of our general laws. The constitutional provisions which require the taking of yea and nay votes and the entry thereof 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. See art. IV, sec. 20; art. V, sec. 10; art. VIII, sec. 8; art. XII, sec. 1, Wis. Const. 63-346
Retirement benefits
Only the portion of 1987 Assembly Bill 265 that increases benefits for persons no longer working for a Wisconsin Retirement System participating employer is subject to the three-fourths vote requirement of article IV, section 26 of the Wisconsin Constitution. The Public Employe Trust Fund constitutes "state funds" as used in article IV, section 26 of the Wisconsin Constitution. 76-224
Retroactivity of tax penalty ordinance
Section 74.80(2), Stats., does not permit a county or municipality to enact an ordinance which would make the one-half of one percent per month penalty apply on a retroactive basis to the date the tax first became delinquent. 73-72
School psychologist
Senate Bill 370 would create a new category of licensure, that of school psychologist. Only those licensed could privately practice school psychology. The definition of school psychology could be by administrative rule promulgated by the Psychology Examining Board. (Unpub.). 98-1977
Statutes, conflict between two
Section 19.50(5), Stats., giving Ethics Board authority to obtain copies of tax returns, and sec. 71.11(44), Stats., regarding examination of tax returns, discussed. To the extent of any conflict between the two statutes, sec. 19.50(5), Stats., being a specific statute, controls over sec. 71.11(44), Stats., being a general statute. (Unpub.). 8-1979
Textbook loans to school students. 77-66
three-fourths vote" requirement
Loading...
Loading...