three-fourths vote" requirement
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
Vetoes, Governor
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
The Governor may not alter vetoes on a partially approved and partially disapproved appropriation bill once the approved portion of the Act has been delivered to the Secretary of State pursuant to law and the disapproved portion returned to the house of origin. 70-154
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
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
LEGISLATURE
See also LOBBYING
Absence
Meaning of "absence" within Wis. Const. art. V, sec. 7, discussed. 68-109
Administrative rule
Since there is no difference between an otherwise valid administrative rule and a law, such a rule cannot be suspended or revoked by joint resolution of the Legislature and no statute can grant the Legislature the power to do so. The Legislature could, however, by law, empower itself or a committee of its members to function as an administrative review agency, provided that the administrative rule was a correct application or interpretation of the relevant enabling legislation and provided that such determination is subject to judicial review. There is no material distinction between an otherwise valid administrative rule and an otherwise valid policy pronouncement by an agency inasmuch as they both have the force of law, but the policy pronouncements of administrators do not have the force of law. Judicial review of a policy pronouncement cannot be defeated merely by the failure of the administrative agenc
The vote of an absent member of the Joint Committee for Review of Administrative Rules cannot be counted. No time need be allowed for a roll call vote before the Committee votes. Notwithstanding sec. 13.56(2), Stats., to the contrary, the Committee cannot constitutionally suspend an otherwise valid administrative rule. 63-168
Appointees
The senate may not appoint a commissioner to fill a vacancy in a term which will not occur during the extant session of the senate. In the present case, the provisional appointment for the vacancy in the term ending March 1, 1985, was valid, but the appointment for a full term beginning March 1, 1985, and ending on March 1, 1991, was invalid. The acts of the commissioner holding over in office are valid. 76-272
Attorneys
Section 2 of 1977 Senate Resolution 14 which, if adopted, would create Senate Rule 73(1)(b), prohibiting members who are attorneys from voting on bills creating additional judgeships or pay raises or retirement benefits for judges, would unconstitutionally deny equal protection of the laws to those citizens represented in the Senate by members who are also attorneys. 67-310
Candidate
Candidate for the Legislature need not be a resident of the district which he seeks to represent at the time he files his nomination papers. That portion of 61 OAG 368 (1972) inconsistent herewith is repudiated. 65-159
Committees
The one-man vote principle is inapplicable to legislative committees since that principle applies only to the exercise of legislative powers and such powers cannot constitutionally be delegated to these committees. There has been no such unconstitutional delegation as to the Joint Committee on Finance, the Board on Government Operations, the Joint Legislative Council or the Committee to Visit State Properties. As to the Joint Committee for Review of Administrative Rules, however, the Legislature has unconstitutionally delegated to it the power to suspend a law. 63-173
Constitutional amendment
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
Criminal law
A vacancy in the Office of a State Senator is created under the provisions of art. XIII, sec. 3 and art. XIII, sec. 10, Wis. Const., as implemented by sec. 17.03(5), Stats., upon his conviction of and sentence for any felony punishable by imprisonment in state prison, and no further specific action is required by the State Senate to implement those provisions. 65-264
Group Insurance Board
The Legislature would not commit an unfair labor practice if it unilaterally increased state employe pension benefits and costs. Such increases would not apply to employes in collective bargaining units, however, unless the Legislature so provided expressly or by necessary implication. The Group Insurance Board, however, being a part of the executive branch of government, would commit an unfair labor practice if it unilaterally increased benefits and costs to state employes in collective bargaining units. The removal of state employes from the state retirement system, the cessation of all contributions thereto, and the removal of a bargaining unit from the provisions of ch. 40 are subjects of collective bargaining under the State Employment Labor Relations Act. 64-18
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 secure against unreasonable searches and seizures and are therefore probably unconstitutional. The major portion of the bill is constitutional. (Unpub.). 15-1978
Milwaukee Metropolitan Sewerage Commission
Section 13.625, Stats., does not prohibit the Milwaukee Metropolitan Sewerage District from paying normal expenses and salaries to commissioners who are legislators and does not prohibit those legislators from accepting those payments. 78-149
Open meeting
In giving notice of public hearings held under sec. 13.56(2), Stats., Legislative Committee for Review of Administrative Rules should concurrently employ the various forms of notice available which best fit the particular circumstances. 62-299
Pension benefits and costs
The Legislature would not commit an unfair labor practice if it unilaterally increased state employe pension benefits and costs. Such increases would not apply to employes in collective bargaining units, however, unless the Legislature so provided expressly or by necessary implication. The Group Insurance Board, however, being a part of the executive branch of government, would commit an unfair labor practice if it unilaterally increased benefits and costs to state employes in collective bargaining units. The removal of state employes from the state retirement system, the cessation of all contributions thereto, and the removal of a bargaining unit from the provisions of ch. 40 are subjects of collective bargaining under the State Employment Labor Relations Act. 64-18
Public Records Law
Records kept by the Assembly Chief Clerk of telephone credit card numbers and of long-distance telephone calls of representatives are subject to the Public Records Law. Custodian may make a determination whether to disclose or divulge records in specific instances. 66-202
Reapportionment
The Assembly districts altered as to boundaries and renumbered by 1983 Wisconsin Act 29, became effective July 20, 1983. An Assemblyperson is a constitutional state public officer who must be a resident and elector of the district he or she is chosen to represent. An incumbent Assemblyperson continues to represent the district from which he or she was chosen, as altered as to boundaries and as renumbered. Limitations on in-district travel and mass mailings to constituents discussed. 72-172
Salaries and wages
Current statutes require that members of both houses of the Legislature receive the same basic salary. Amendment to sec. 20.923(1) and (2), Stats., is required to change this requirement. 66-280
Section 13.625, Stats., does not prohibit the Milwaukee Metropolitan Sewerage District from paying normal expenses and salaries to commissioners who are legislators and does not prohibit those legislators from accepting those payments. 78-149
Senator
A state Senator need not resign his or her present seat before filing and running for a newly numbered Senate seat, merely because he or she is presently an incumbent Senator. 71-162
Telephone calls
Records kept by the Assembly Chief Clerk of telephone credit card numbers and of long-distance telephone calls of representatives are subject to the Public Records Law. Custodian may make a determination whether to disclose or divulge records in specific instances. 66-202
Vocational, technical and adult education
Neither art. X, sec. 3, Wis. Const., nor any other constitutional provision prohibits the charging of tuition for any course of instruction offered at a school in the system of vocational, technical and adult education operated pursuant to ch. 38, Stats. The charging of tuition at such schools, and the manner and extent whereby such charges are to be made, is a matter of policy which the Legislature is free to determine in the exercise of its legislative power under art. IV, sec. 1, Wis. Const. 64-24
Votes
The one-man vote principle is inapplicable to legislative committees since that principle applies only to the exercise of legislative powers and such powers cannot constitutionally be delegated to these committees. There has been no such unconstitutional delegation as to the Joint Committee on Finance, the Board on Government Operations, the Joint Legislative Council or the Committee to Visit State Properties. As to the Joint Committee for Review of Administrative Rules, however, the Legislature has unconstitutionally delegated to it the power to suspend a law. 63-173
The vote of an absent member of the Joint Committee for Review of Administrative Rules cannot be counted. No time need be allowed for a roll call vote before the Committee votes. Notwithstanding sec. 13.56(2), Stats., to the contrary, the Committee cannot constitutionally suspend an otherwise valid administrative rule. 63-168
LIABILITY
Ambulance attendants
The Department of Health and Social Services has authority to establish standards for ambulance attendants under sec. 146.50, Stats. Discussion of malpractice liability of state officers and employes. 67-145
Cities
Pursuant to sec. 895.35, Stats., a city council can, in limited circumstances, reimburse a council member for reasonable attorneys' fees incurred in defending an alleged violation of the Open Meeting Law, but cannot reimburse such member for any forfeiture imposed. Section 895.46(1), Stats., is not applicable to forfeiture actions. Such member could not be reimbursed, indirectly, under liability insurance policy procured by a municipality, for any forfeiture imposed. 66-226
Claims against the county
County Highway Committee does not have power to examine, settle and pay liability claims against the county without final action by the County Board. 67-47
County veterans' service officer
A county veterans' service officer does not have the duty under ch. 45, Stats., to transport disabled veterans to a veterans' hospital when such transportation is not readily available unless authorized by his county. The county would be liable to the injured veteran in an automobile accident while being transported by the veterans' service officer if the officer were authorized and performing within the scope of his employment. If he were authorized and an accident occurred, sec. 895.43(3), Stats., limits the recovery to $25,000. 67-207
