Wisconsin Constitution
Article IV - Legislative
Section 31 - Special and private laws prohibited.

Universal Citation: WI Const art IV § 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:
  1. For changing the names of persons, constituting one person the heir at law of another or granting any divorce.
  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.
  3. For authorizing persons to keep ferries across streams at points wholly within this state.
  4. For authorizing the sale or mortgage of real or personal property of minors or others under disability.
  5. For locating or changing any county seat.
  6. For assessment or collection of taxes or for extending the time for the collection thereof.
  7. For granting corporate powers or privileges, except to cities.
  8. For authorizing the apportionment of any part of the school fund.
  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 Dist. v. Stein, 47 Wis. 2d 349, 177 N.W.2d 131.

The Housing 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.

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. Kuehne v. Burdette, 2009 WI App 119, 320 Wis. 2d 784, 772 N.W.2d 225, 08-1342.

Sec. 31 includes a public purpose doctrine allowing the granting of limited corporate powers to entities created to promote a public and state purpose. Brookfield v. Milwaukee Sewerage District, 171 Wis. 2d 400, 491 N.W.2d 484 (1992).

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

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