Although the general rule is that waivers of sovereign immunity must be read narrowly, when a statute provides a clear, express, and broadly worded consent to sue, the rule of narrow construction will not be applied anew to every type of claim brought under the statute. German v. DOT, 223 Wis. 2d 525, 589 N.W.2d 651 (Ct. App. 1998), 98-0250.

When the state creates an entity independent from the state, which acts as neither its arm nor its agent, such entity falls outside the protection of sovereign immunity. The determination that a state entity is an independent going concern is a narrow exception to sovereign immunity. In determining whether a state entity is an independent going concern, courts should consider both the character and breadth of the statutory powers granted to the entity. Mayhugh v. State, 2015 WI 77, 364 Wis. 2d 208, 867 N.W.2d 754, 13-1023.

Section 301.04, which permits the Department of Corrections (DOC) to sue and be sued, is not an express waiver of DOC’s tort immunity but rather addresses DOC’s capacity to be sued. Mayhugh v. State, 2015 WI 77, 364 Wis. 2d 208, 867 N.W.2d 754, 13-1023.

The court in Zinn, 112 Wis. 2d 417 (1983), endorsed the view that the constitutional directive that persons receive just compensation for takings of their private property is “self-executing,” and no express statutory provision for its enforcement against the state is necessary. Conversely, no language in the uniformity clause is analogous to that constitutional command. Just compensation is a constitutional directive contained in the takings clause; nowhere does the uniformity clause authorize general damages for an alleged violation of the uniformity principle. Klein v. DOR, 2020 WI App 56, 394 Wis. 2d 66, 949 N.W.2d 608, 18-1133.

Congress lacks the power to subject the states to private suits in their own state courts. Alden v. Maine, 527 U.S. 706, 119 S. Ct. 2240, 144 L. Ed. 2d 636 (1999).

The U.S. Constitution does not permit a state to be sued by a private party without the state’s consent in the courts of a different state. Franchise Tax Board v. Hyatt, 587 U.S. ___, 139 S. Ct. 1485, 203 L. Ed. 2d 768 (2019).

The state has removed only the substantive defense of governmental tort immunity, and the state constitutional barrier providing that the state may be sued only upon its consent remains. Knox v. Regents of University of Wisconsin, 385 F. Supp. 886 (1975).

State Immunity from Suit Without Consent—Scope and Implications. Harring & Harring. 1971 WLR 879.

IV,28 Oath of office. Section 28. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall before they enter upon the duties of their respective offices, take and subscribe an oath or affirmation to support the constitution of the United States and the constitution of the state of Wisconsin, and faithfully to discharge the duties of their respective offices to the best of their ability.

IV,29 Militia. Section 29. The legislature shall determine what persons shall constitute the militia of the state, and may provide for organizing and disciplining the same in such manner as shall be prescribed by law.

IV,30 Elections by legislature. Section 30. [As amended Nov. 1982] All elections made by the legislature shall be by roll call vote entered in the journals. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982]

IV,31 Special and private laws prohibited. Section 31. [As created Nov. 1871 and amended Nov. 1892 and April 1993] The legislature is prohibited from enacting any special or private laws in the following cases:

IV,31(1) (1) For changing the names of persons, constituting one person the heir at law of another or granting any divorce.

IV,31(2) (2) For laying out, opening or altering highways, except in cases of state roads extending into more than one county, and military roads to aid in the construction of which lands may be granted by congress.

IV,31(3) (3) For authorizing persons to keep ferries across streams at points wholly within this state.

IV,31(4) (4) For authorizing the sale or mortgage of real or personal property of minors or others under disability.

IV,31(5) (5) For locating or changing any county seat.

IV,31(6) (6) For assessment or collection of taxes or for extending the time for the collection thereof.

IV,31(7) (7) For granting corporate powers or privileges, except to cities.

IV,31(8) (8) For authorizing the apportionment of any part of the school fund.

IV,31(9) (9) For incorporating any city, town or village, or to amend the charter thereof. [1870 J.R. 13, 1871 J.R. 1, 1871 c. 122, vote Nov. 1871; 1889 J.R. 4, 1891 J.R. 4, 1891 c. 362, vote Nov. 1892; 1991 J.R. 27, 1993 J.R. 3, vote April 1993]

An act validating existing sewerage districts previously held to be unconstitutionally organized is within the power of the legislature. Madison Metropolitan Sewerage District v. Stein, 47 Wis. 2d 349, 177 N.W.2d 131 (1970).

The Wisconsin Housing Finance Authority, designated as a corporation, does not violate the prohibition against granting of corporate powers by the legislature. State ex rel. Warren v. Nusbaum, 59 Wis. 2d 391, 208 N.W.2d 780 (1973).

This section includes a public purpose doctrine allowing the granting of limited corporate powers to entities created to promote a public and state purpose. City of Brookfield v. Milwaukee Metropolitan Sewerage District, 171 Wis. 2d 400, 491 N.W.2d 484 (1992).

The plain meaning of sub. (9) pertains not just to legislation directly incorporating a municipality, but also to legislation providing a process for incorporating. A provision in a budget bill that exempted a town from the normal statutory incorporation process violated sub. (9) and was unconstitutional. State ex rel. Kuehne v. Burdette, 2009 WI App 119, 320 Wis. 2d 784, 772 N.W.2d 225, 08-1342.

Creation of citizens utility board is constitutional. 69 Atty. Gen. 153.

IV,32 General laws on enumerated subjects. Section 32. [As created Nov. 1871 and amended April 1993] The legislature may provide by general law for the treatment of any subject for which lawmaking is prohibited by section 31 of this article. Subject to reasonable classifications, such laws shall be uniform in their operation throughout the state. [1870 J.R. 13, 1871 J.R. 1, 1871 c. 122, vote Nov. 1871; 1991 J.R. 27, 1993 J.R. 3, vote April 1993]

Discussing the tests for violations of this section and section 31. City of Brookfield v. Milwaukee Metropolitan Sewerage District, 144 Wis. 2d 896, 426 N.W.2d 591 (1988).

IV,33 Auditing of state accounts. Section 33. [As created Nov. 1946] The legislature shall provide for the auditing of state accounts and may establish such offices and prescribe such duties for the same as it shall deem necessary. [1943 J.R. 60, 1945 J.R. 73, vote Nov. 1946]