Challenged legislation, although general on its face, violated this section because the classification employed was not based on any substantial distinction between classes employed nor was it germane to purposes of the legislation. City of Brookfield v. Milwaukee Metropolitan Sewerage District, 144 Wis. 2d 896, 426 N.W.2d 591 (1988).
A bill has a single subject if all of its provisions are related to the same general purpose and are incident to that purpose. A title is insufficient only if it fails to reasonably suggest the purpose of the act or if a reading of the act with the full scope of the title in mind discloses a provision clearly outside the title. City of Brookfield v. Milwaukee Metropolitan Sewerage District, 171 Wis. 2d 400, 491 N.W.2d 484 (1992).
Discussing a two-prong analysis for determining violations of this section. City of Oak Creek v. DNR, 185 Wis. 2d 424, 518 N.W.2d 276 (Ct. App. 1994).
Courts will not afford legislation challenged under this section a presumption of constitutionality unless the record shows that the legislature adequately considered the legislation in question. When a majority of the members of the assembly co-sponsored a single-subject bill exempting YMCAs from property taxation before the measure was added to the budget bill and a majority of senators either co-sponsored the stand-alone bill or considered and voted for the proposal as members of the Joint Finance Committee, there was a presumption that the legislators who sponsored the bill or voted for it in committee adequately considered the proposal. Lake Country Racquet & Athletic Club, Inc. v. Morgan, 2006 WI App 25, 289 Wis. 2d 498, 710 N.W.2d 701, 04-3061.
IV,19Origin of bills. Section 19. Any bill may originate in either house of the legislature, and a bill passed by one house may be amended by the other.
IV,20Yeas and nays. Section 20. The yeas and nays of the members of either house on any question shall, at the request of one-sixth of those present, be entered on the journal.
The taking of yea and nay votes and the entry 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. Discussing article V, section 10; article VIII, section 8; and article XII, section 1. 63 Atty. Gen. 346.
IV,21Compensation of members. Section 21. [Amended Nov. 1867 and Nov. 1881; repealed April 1929; see 1865 J.R. 9, 1866 J.R. 3, 1867 c. 25, vote Nov. 1867; 1880 J.R. 9S, 1881 J.R. 7A, 1881 c. 262, vote Nov. 1881; 1927 J.R. 57, 1929 J.R. 6, vote April 1929.]
IV,22Powers of county boards. Section 22. The legislature may confer upon the boards of supervisors of the several counties of the state such powers of a local, legislative and administrative character as they shall from time to time prescribe.
Milwaukee County may, by ordinance, provide credit in a retirement system for service of an employee with another municipality. 61 Atty. Gen. 177.
IV,23Town and county government. Section 23. [As amended Nov. 1962, April 1969, and April 1972] The legislature shall establish but one system of town government, which shall be as nearly uniform as practicable; but the legislature may provide for the election at large once in every 4 years of a chief executive officer in any county with such powers of an administrative character as they may from time to time prescribe in accordance with this section and shall establish one or more systems of county government. [1959 J.R. 68, 1961 J.R. 64, vote Nov. 1962; 1967 J.R. 49, 1969 J.R. 2, vote April 1969; 1969 J.R. 32, 1971 J.R. 13, vote April 1972]
Abolishing the office of town assessor in those counties adopting a countywide assessor system does not amount to the creation of a different system of town government. Thompson v. Kenosha County, 64 Wis. 2d 673, 221 N.W.2d 845 (1974).
Only enactments that unnecessarily interfere with the system’s uniformity in a material respect are invalidated by this section. Classifications based upon population have generally been upheld. State ex rel. Wolf v. Town of Lisbon, 75 Wis. 2d 152, 248 N.W.2d 450 (1977).
IV,23aChief executive officer to approve or veto resolutions or ordinances; proceedings on veto. Section 23a. [As created Nov. 1962 and amended April 1969] Every resolution or ordinance passed by the county board in any county shall, before it becomes effective, be presented to the chief executive officer. If he approves, he shall sign it; if not, he shall return it with his objections, which objections shall be entered at large upon the journal and the board shall proceed to reconsider the matter. Appropriations may be approved in whole or in part by the chief executive officer and the part approved shall become law, and the part objected to shall be returned in the same manner as provided for in other resolutions or ordinances. If, after such reconsideration, two-thirds of the members-elect of the county board agree to pass the resolution or ordinance or the part of the resolution or ordinance objected to, it shall become effective on the date prescribed but not earlier than the date of passage following reconsideration. In all such cases, the votes of the members of the county board shall be determined by ayes and noes and the names of the members voting for or against the resolution or ordinance or the part thereof objected to shall be entered on the journal. If any resolution or ordinance is not returned by the chief executive officer to the county board at its first meeting occurring not less than 6 days, Sundays excepted, after it has been presented to him, it shall become effective unless the county board has recessed or adjourned for a period in excess of 60 days, in which case it shall not be effective without his approval. [1959 J.R. 68, 1961 J.R. 64, vote Nov. 1962; 1967 J.R. 49, 1969 J.R. 2, vote April 1969]
A county executive’s power to veto ordinances and resolutions extends to rezoning petitions that are in essence proposed amendments to the county zoning ordinance. The veto is subject to limited judicial review. Schmeling v. Phelps, 212 Wis. 2d 898, 569 N.W.2d 784 (Ct. App. 1997), 96-2661.
A county executive’s partial-veto power is similar to the governor’s power. 73 Atty. Gen. 92.
A county board may not amend a resolution, ordinance, or part thereof vetoed by the county executive, but can pass a separate substitute for submission to the executive. The board has a duty to promptly reconsider vetoed resolutions, ordinances, or parts thereof. 74 Atty. Gen. 73.
A county executive has the authority to reduce a line item budget appropriation from one specific dollar figure to another through the use of his or her partial veto. Constitutional amendments limiting the governor’s veto authority in article V, section 10 (1) (c) impose no corresponding limit upon the veto authority of the county executive. OAG 6-14.
IV,24Gambling. Section 24. [As amended April 1965, April 1973, April 1977, April 1987, April 1993, and April 1999]
IV,24(1)(1)Except as provided in this section, the legislature may not authorize gambling in any form.
IV,24(2)(2)Except as otherwise provided by law, the following activities do not constitute consideration as an element of gambling:
IV,24(2)(a)(a) To listen to or watch a television or radio program.
IV,24(2)(b)(b) To fill out a coupon or entry blank, whether or not proof of purchase is required.
IV,24(2)(c)(c) To visit a mercantile establishment or other place without being required to make a purchase or pay an admittance fee.
IV,24(3)(3)The legislature may authorize the following bingo games licensed by the state, but all profits shall accrue to the licensed organization and no salaries, fees or profits may be paid to any other organization or person: bingo games operated by religious, charitable, service, fraternal or veterans’ organizations or those to which contributions are deductible for federal or state income tax purposes. All moneys received by the state that are attributable to bingo games shall be used for property tax relief for residents of this state as provided by law. The distribution of moneys that are attributable to bingo games may not vary based on the income or age of the person provided the property tax relief. The distribution of moneys that are attributable to bingo games shall not be subject to the uniformity requirement of section 1 of article VIII. In this subsection, the distribution of all moneys attributable to bingo games shall include any earnings on the moneys received by the state that are attributable to bingo games, but shall not include any moneys used for the regulation of, and enforcement of law relating to, bingo games.
IV,24(4)(4)The legislature may authorize the following raffle games licensed by the state, but all profits shall accrue to the licensed local organization and no salaries, fees or profits may be paid to any other organization or person: raffle games operated by local religious, charitable, service, fraternal or veterans’ organizations or those to which contributions are deductible for federal or state income tax purposes. The legislature shall limit the number of raffles conducted by any such organization.
IV,24(5)(5)This section shall not prohibit pari-mutuel on-track betting as provided by law. The state may not own or operate any facility or enterprise for pari-mutuel betting, or lease any state-owned land to any other owner or operator for such purposes. All moneys received by the state that are attributable to pari-mutuel on-track betting shall be used for property tax relief for residents of this state as provided by law. The distribution of moneys that are attributable to pari-mutuel on-track betting may not vary based on the income or age of the person provided the property tax relief. The distribution of moneys that are attributable to pari-mutuel on-track betting shall not be subject to the uniformity requirement of section 1 of article VIII. In this subsection, the distribution of all moneys attributable to pari-mutuel on-track betting shall include any earnings on the moneys received by the state that are attributable to pari-mutuel on-track betting, but shall not include any moneys used for the regulation of, and enforcement of law relating to, pari-mutuel on-track betting.
IV,24(6)(6)
IV,24(6)(a)(a) The legislature may authorize the creation of a lottery to be operated by the state as provided by law. The expenditure of public funds or of revenues derived from lottery operations to engage in promotional advertising of the Wisconsin state lottery is prohibited. Any advertising of the state lottery shall indicate the odds of a specific lottery ticket to be selected as the winning ticket for each prize amount offered. The net proceeds of the state lottery shall be deposited in the treasury of the state, to be used for property tax relief for residents of this state as provided by law. The distribution of the net proceeds of the state lottery may not vary based on the income or age of the person provided the property tax relief. The distribution of the net proceeds of the state lottery shall not be subject to the uniformity requirement of section 1 of article VIII. In this paragraph, the distribution of the net proceeds of the state lottery shall include any earnings on the net proceeds of the state lottery.