Enactment of legislation that would propose to license and regulate certain “amusement devices” that are gambling machines would authorize “gambling” in violation of this section. OAG 2-96.
The state’s interest in preventing organized crime infiltration of a tribal bingo enterprise does not justify state regulation in light of compelling federal and tribal interest supporting it. California v. Cabazon Band of Mission Indians, 480 U.S. 202, 107 S. Ct. 1083, 94 L. Ed. 2d 244 (1987). Wisconsin cannot have it both ways. The state must entirely prohibit poker within its borders if it wants to prevent any Indian tribe from offering poker on the tribe’s sovereign lands. When the state decriminalized hosting poker for taverns, it could no longer deny that game to tribes as a matter of federal law. Wisconsin v. Ho-Chunk Nation, 784 F.3d 1076 (2015). When voters authorized a state-operated “lottery,” they removed any remaining prohibition against state-operated games, schemes, or plans involving prize, chance, and consideration. Lac du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 770 F. Supp. 480 (1991). Panzer v. Doyle: Wisconsin Constitutional Law Deals the Governor a New Hand. Wawrzyn. 89 MLR 221 (2005).
Gambling and the Law: The Wisconsin Experience, 1848-1980. Farnsley. 1980 WLR 811.
IV,25Stationery and printing. Section 25. The legislature shall provide by law that all stationery required for the use of the state, and all printing authorized and required by them to be done for their use, or for the state, shall be let by contract to the lowest bidder, but the legislature may establish a maximum price; no member of the legislature or other state officer shall be interested, either directly or indirectly, in any such contract. Discussing the legality of appointing a nominee to the board of regents when that person is a major stockholder in a printing company that is under contract to the state. 60 Atty. Gen. 172.
IV,26Extra compensation; salary change. Section 26. [As amended April 1956, April 1967, April 1974, April 1977, and April 1992] IV,26(1)(1) The legislature may not grant any extra compensation to a public officer, agent, servant or contractor after the services have been rendered or the contract has been entered into. IV,26(2)(2) Except as provided in this subsection, the compensation of a public officer may not be increased or diminished during the term of office: IV,26(2)(a)(a) When any increase or decrease in the compensation of justices of the supreme court or judges of any court of record becomes effective as to any such justice or judge, it shall be effective from such date as to every such justice or judge. IV,26(2)(b)(b) Any increase in the compensation of members of the legislature shall take effect, for all senators and representatives to the assembly, after the next general election beginning with the new assembly term. IV,26(3)(3) Subsection (1) shall not apply to increased benefits for persons who have been or shall be granted benefits of any kind under a retirement system when such increased benefits are provided by a legislative act passed on a call of ayes and noes by a three-fourths vote of all the members elected to both houses of the legislature and such act provides for sufficient state funds to cover the costs of the increased benefits. [1953 J.R. 41, 1955 J.R. 17, vote April 1956; 1965 J.R. 96, 1967 J.R. 17, vote April 1967; 1971 J.R. 12, 1973 J.R. 15, vote April 1974; 1975 J.R. 13, 1977 J.R. 7, vote April 1977; 1989 J.R. 55, 1991 J.R. 13, vote April 1992] This section does not prohibit a retroactive wage adjustment negotiated by collective bargaining and applied only to a period when employees were working without a contract. DOA v. WERC, 90 Wis. 2d 426, 280 N.W.2d 150 (1979). The sub. (3) requirement of a three-fourths vote of all members elected to the legislature permits passage of a bill increasing benefits under a retirement system when the bill has received the votes of three-fourths of the entire elected membership of the legislature. Wisconsin Professional Police Ass’n v. Lightbourn, 2001 WI 59, 243 Wis. 2d 512, 627 N.W.2d 807, 99-3297. An amendment authorizing increased benefits to all retired employees would constitute a legislative declaration that such expenditures would be for a public purpose. 58 Atty. Gen. 101.
University salaries may be increased only from the date the regents adopt the budget and are subject to subsequent funding by the legislature. 60 Atty. Gen. 487.
IV,27Suits against state. Section 27. The legislature shall direct by law in what manner and in what courts suits may be brought against the state. An action will not lie against the secretary of revenue for a refund of a sales tax deposit as that is an action against the state and it was not alleged that the secretary acted outside the secretary’s authority. Appel v. Halverson, 50 Wis. 2d 230, 184 N.W.2d 99 (1971). Since the mandate of this section is to the legislature, the supreme court cannot judicially intervene to change the doctrine of procedural immunity and thereby correct the anomaly that arises as a result of the constitutional restriction, absent legislative implementation, of tort suits against the state. Cords v. State, 62 Wis. 2d 42, 214 N.W.2d 405 (1974). A state agency or officer may not waive the state’s sovereign immunity without specific authorization, nor will principles of estoppel be applied to deprive the state of its sovereign rights. Lister v. Board of Regents, 72 Wis. 2d 282, 240 N.W.2d 610 (1976). Although courts have common law jurisdiction to enforce arbitration awards generally, they cannot enforce an award against the state absent express legislative authorization. State ex rel. Teaching Assistants Ass’n v. University of Wisconsin-Madison, 96 Wis. 2d 492, 292 N.W.2d 657 (Ct. App. 1980). The doctrine of sovereign immunity cannot bar an action for just compensation based on a taking of private property for public use even though the legislature has failed to establish specific provisions for the recovery of just compensation. Zinn v. State, 112 Wis. 2d 417, 334 N.W.2d 67 (1983). Discussing waiver of sovereign immunity in the creation of a state agency. Busse v. Dane County Regional Planning Commission, 181 Wis. 2d 527, 511 N.W.2d 356 (Ct. App. 1993). A specific performance action is a suit under this section. The legislature has not consented to be sued for specific performance, and such an action is not permitted against the state. Erickson Oil Products, Inc. v. DOT, 184 Wis. 2d 36, 516 N.W.2d 755 (Ct. App. 1994). The state waives its sovereign immunity when it creates an agency as an independent going concern. Bahr v. State Investment Bd., 186 Wis. 2d 379, 521 N.W.2d 152 (Ct. App. 1994).