III,5 Military stationing does not confer residence. Section 5. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]

III,6 Exclusion from suffrage. Section 6. [Repealed April 1986; see 1983 J.R. 30, 1985 J.R. 14, vote April 1986.]

IV,1 Legislative power. Section 1. The legislative power shall be vested in a senate and assembly.

A prosecution for burglary, theft and arson involving selective service records may be conducted, since federal statutes proscribing the same conduct did not preempt the field. The defendant is not thus placed in double jeopardy. State ex rel. Cullen v. Ceci, 45 W (2d) 432, 173 NW (2d) 175.

An act validating existing sewerage districts previously held to be unconstitutionally organized is within the power of the legislature. Madison Metropolitan Sewerage Dist. v. Stein, 47 W (2d) 349, 177 NW (2d) 131.

The power given vocational district boards to levy taxes does not violate this section. The manner of appointing board members is constitutional. West Milwaukee v. Area Bd. Vocational, T. & A. Ed. 51 W (2d) 356, 187 NW (2d) 387.

One legislature cannot dictate action by a future legislature or a future legislative committee. State ex rel. Warren v. Nusbaum, 59 W (2d) 391, 208 NW (2d) 780.

Delegation of legislative power under 66.016 (2) (d) is constitutional. Westring v. James, 71 W (2d) 462, 238 NW (2d) 695.

Legislature may constitutionally prescribe criminal penalty for violation of administrative rule. State v. Courtney, 74 W (2d) 705, 247 NW (2d) 714.

Provision of 144.07 (1m), which voids DNR sewerage connection order if electors in affected town area reject annexation to city ordered to extend sewerage service, represents valid legislative balancing and accommodation of 2 statewide concerns: urban development and pollution control. City of Beloit v. Kallas, 76 W (2d) 61, 250 NW (2d) 342.

Section 147.035 (2) does not unlawfully delegate legislative power. Niagara of Wis. Paper Corp. v. DNR, 84 W (2d) 32, 268 NW (2d) 153 (1978).

Sections 46.03 (18) and 46.10 do not constitute an unlawful delegation of legislative power. In Matter of Guardianship of Klisurich, 98 W (2d) 274, 296 NW (2d) 742 (1980).

Mediation - arbitration under 111.70 (4) (cm) is constitutional delegation of legislative authority. Milwaukee County v. District Council 48, 109 W (2d) 14, 325 NW (2d) 350 (Ct. App. 1982).

Court will invalidate legislation only for constitutional violations. State ex rel. La Follette v. Stitt, 114 W (2d) 358, 338 NW (2d) 684 (1983).

Reference in 102.61 to general federal vocational rehabilitation law as amended necessarily references current federal law where act named in 102.61 had been repealed and the law rewritten in another act. Because reference is stated as part of contingency, it does not constitute unlawful delegation of legislative authority to U.S. Congress. Dane County Hospital & Home v. LIRC, 125 W (2d) 308, 371 NW (2d) 815 (Ct. App. 1985).

Proposed amendments to bills creating variable obscenity laws, which would exempt motion picture films shown at theaters that comply with the film ratings of the motion picture association of America, constitute an unconstitutional delegation of legislative power. 58 Atty. Gen. 36.

The one man-one 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. Legislative oversight of administrative rules discussed. 63 Atty. Gen. 173.

In enacting the Natural Gas Act (15 U.S.C. s. 717 et seq.) Congress did not intend to regulate only interstate pipeline companies. Rather the legislative history indicates a congressional intent to give the Federal Power Commission jurisdiction over the rates of all wholesalers of natural gas transported in interstate commerce, whether by a pipeline company or not and whether occurring before, during, or after transmission by an interstate pipeline company. Phillips Petroleum Co. v. Wisconsin, 347 US 672.

IV,2 Legislature, how constituted. Section 2. The number of the members of the assembly shall never be less than fifty-four nor more than one hundred. The senate shall consist of a number not more than one-third nor less than one-fourth of the number of the members of the assembly.

IV,3 Apportionment. Section 3. [As amended Nov. 1910, Nov. 1962 and Nov. 1982] At its first session after each enumeration made by the authority of the United States, the legislature shall apportion and district anew the members of the senate and assembly, according to the number of inhabitants. [1907 J.R. 30, 1909 J.R. 55, 1909 c. 478, vote Nov. 1910; 1959 J.R. 30, 1961 J.R. 32, vote Nov. 6, 1962; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]

Institutional populations, as well as other populations which may include persons disenfranchised for some reason, may not be disregarded for redistricting purposes. 70 Atty. Gen. 80.

IV,4 Representatives to the assembly, how chosen. Section 4. [As amended Nov. 1881 and Nov. 1982] The members of the assembly shall be chosen biennially, by single districts, on the Tuesday succeeding the first Monday of November in even-numbered years, by the qualified electors of the several districts, such districts to be bounded by county, precinct, town or ward lines, to consist of contiguous territory and be in as compact form as practicable. [1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]

Recent U.S. Supreme Court decisions requiring almost absolute equality of population among electoral districts render nugatory the state court's construction of art. IV, sec. 4, as prohibiting assembly districts from dividing counties except where a county is entitled to more than one assemblyman. 58 Atty. Gen. 88.

IV,5 Senators, how chosen. Section 5. [As amended Nov. 1881 and Nov. 1982] The senators shall be elected by single districts of convenient contiguous territory, at the same time and in the same manner as members of the assembly are required to be chosen; and no assembly district shall be divided in the formation of a senate district. The senate districts shall be numbered in the regular series, and the senators shall be chosen alternately from the odd and even-numbered districts for the term of 4 years. [1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]