Category: Wisconsin Attorney General Opinions

ROBERT J. MRAZ, Corporation Counsel Oconto County Attorney General of Wisconsin — Opinion November 22, 1982. County Board; Sheriffs; County board in county under 500,000 not having civil services system for deputy sheriffs can abolish traffic department organized under sec. 83.016. Stats., and with the cooperation of the sheriff, such traffic patrolmen can be appointed […]

WILLIAM H. HUGHES, Commissioner of Credit Unions. Attorney General of Wisconsin — Opinion. December 4, 1972. Credit Unions — Retail Instalment [Installment] Contracts — Under ch. 193, Laws of 1971, a credit union is not obliged to secure a sales finance company license to purchase instalment [installment] contracts of its members, nor is an auto […]

ROBERT G. MAWDSLEY, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion September 12, 1986 Bids and Bidders; Conflict of Interest; A county board supervisor who is an employe of a law firm which has been hired by a third party to represent it in negotiations with the county board does not violate either […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion March 26, 1985 Compatibility; Offices of president of common school district board and chairperson of town board within district and offices of school board member and town clerk are probably compatible. Page 51 BRONSON C. La FOLLETTE, Attorney General DARWIN L. ZWIEG, […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion April 1, 1980 Fish And Came; Indians; Stockbridge-Munsee Reservation; The Stockbridge-Munsee Indian Tribe has the exclusive right to hunt and fish on tribal lands and has the right to regulate such activities by both Indian and non-Indian persons upon such lands. […]

ROBERT P. SORENSON, State Director Wisconsin Board of Vocational, Technical and Adult Education Attorney General of Wisconsin — Opinion January 30, 1986 Vocational, Technical and Adult Education; The levy limit imposed on Vocational, Technical and Adult Education districts by section 38.16 (1), Stats., does not include amounts charged under section 74.73 (2), for recovery of […]

CARROLL BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion April 16, 1981. Juvenile Court; Natural Resources, Department Of; Citation and forfeiture procedures for juveniles as affected by chs. 300 and 359, Laws of 1979, are discussed. BRONSON C. La FOLLETTE, Attorney General CARROLL BESADNY, Secretary Department of Natural Resources Your predecessor […]

THE HONORABLE, THE SENATE Attorney General of Wisconsin — Opinion May 20, 1974 Legislature; 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 […]

KARL J. GOETHEL, District Attorney Pepin County Attorney General of Wisconsin — Opinion February 6, 1974. County Judge; Elections; Legislation; Sections 489m, 490m and 561 (8), ch. 90, Laws of 1973, may provide for and implement a legislative appointment to the office of county judge contrary to the provisions of Art. VII, see. 2 and […]

RENEE J. SAMUELSON, Corporation Counsel Waushara County Attorney General of Wisconsin — Opinion April 15, 1991 County Highway Commissioner; Words And Phrases; A county board may provide that the term of office of the county highway commissioner is indefinite. JAMES E. DOYLE, Attorney General RENEE J. SAMUELSON, Corporation Counsel Waushara County 1989 Wisconsin Act 171 […]

TIMOTHY F. CULLEN, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion May 29, 1987 Foster Homes; Housing; Zoning; A community living arrangement which has a capacity for eight or fewer persons and which meets all other statutory criteria is entitled to locate in any zoning district where single or multi-family […]

PHILIP E. LERMAN, Chairman, Department of Industry, Labor and Human Relations. Attorney General of Wisconsin — Opinion. November 20, 1972. Prevailing Wage — Hospitals — As town, village may not donate funds to private corporation contracting for medical center, sec. 66.293, Stats., is inapplicable. ROBERT W. WARREN, Attorney General PHILIP E. LERMAN, Chairman, Department of […]

CHARLES M. HILL, Secretary, Department of Local Affairs Development. Attorney General of Wisconsin — Opinion. January 20, 1972. Assessors’ Plats — Public Hearing — Section 236.295, Stats., does not apply to assessors’ plats. The amendment or correction of an assessor’s plat under sec. 70.27 (4), Stats., is an exercise of the police power which is […]

LAWRENCE R. NASH, Corporation Counsel, Wood County Attorney General of Wisconsin — Opinion November 18, 1974. Counties; Criminal Law; The authority of county officials to offer rewards for the arrest or conviction of persons violating the criminal law is limited to the circumstances set forth in sec. 59.25 (2), Stats. VICTOR A. MILLER, Attorney General […]

MATTHEW F. ANICH, District Attorney Ashland County Attorney General of Wisconsin — Opinion January 8, 1981. Counties, County Board; Taxation; Where a county proceeds under sec. 75.69 (1), Stats., to advertise and sell tax delinquent property, it must reject all bids less than the appraised value, but, if it determines to accept any bid, it […]

JAMES C. EATON, District Attorney, Barron County Attorney General of Wisconsin — Opinion November 25, 1974. Real Estate; Section 59.513, Stats., which requires identification of the draftsman in order to be a recordable instrument does not apply unless the instrument affects real estate in the manner described in the statute. VICTOR A. MILLER, Attorney General […]

JAMES E. DOYLE, JR., District Attorney, Dane County Attorney General of Wisconsin — Opinion December 29, 1978. Contracts; Creditors’ Actions; Interest; Intoxicating Liquors; Malt Beverages; Imposition of monthly interest charge as part of sales agreement between liquor and beer wholesalers and retailers upon accounts which have become overdue violate credit restriction provisions and tied-house provisions […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion August 20, 1990 Constitutionality; Public Officials; Railroads; Article XIII, section 11 of the Wisconsin Constitution does not prohibit bona fide tours of railroad facilities conducted by rail. DONALD J. HANAWAY, Attorney General FRED A. RISSER, Chairperson Senate Organization Committee The Committee on […]

JAMES J. BURKE, Revisor of Statutes Attorney General of Wisconsin — Opinion May 15, 1974 Public Service Commission; The Public Service Commission must hold a public hearing prior to the adoption of the minimum gas safety standards of the federal Department of Transportation as rules pursuant to sec. 196.745 (1), Stats. ROBERT W. WARREN, Attorney […]

GLENN L. HENRY, Corporation Counsel, Dane County Attorney General of Wisconsin — Opinion April 28, 1977. Cities; Constitution; Counties; County Board; County Supervisor; Fines; Forfeitures; Municipalities; Municipal Corporations; Ordinances; Public Officials; County board may provide for a penalty in the nature of a forfeiture for violation of a code of ethics ordinance but may not […]

JAMES J. ROBB, District Attorney Richland County Attorney General of Wisconsin — Opinion April 28, 1986 Law Enforcement; Police; In a criminal case in which a police officer testifies as a witness for the prosecution, a district attorney may have a duty under Brady v. Maryland, 373 U.S. 83 (1963), to disclose to the defendant […]

MATTHEW F. ANICH, District Attorney Ashland County Attorney General of Wisconsin — Opinion September 20, 1982. Newspapers; Words And Phrases; A municipality may not expend funds to publish the text of a legal notice in a shopper paper which does not meet the qualifications contained in sec. 985.03(1)(a), Stats. BRONSON C. La FOLLETTE, Attorney General […]

CHANDLER L. MCKELVEY, Secretary Department of Development Attorney General of Wisconsin — Opinion February 16, 1982. Loans; Mortgage Subsidy Bond Tax Act of 1980; Mortgages; Redevelopment Authority, Certain local governments and public agencies may issue obligations to provide mortgage loans on owner-occupied residences. However, compliance with the Mortgage Subsidy Bond Tax Act of 1980 is […]

LOWELL B. JACKSON, Secretary Department of Transportation Attorney General of Wisconsin — Opinion January 30, 1986 Highways; Property; Snowmobiles; The rights of property owners abutting a highway are subject to reasonable regulations imposed by highway maintenance authorities and are subordinate to the public’s interest over the use of the land within the boundaries of a […]

ALEX J. RAINERI, District Attorney, Iron County Attorney General of Wisconsin — Opinion August 6, 1974. County Highway Commissioner; Public Officials; Salaries; County highway commissioners are appointed by the county board. Their salary is to be fixed, and may be changed during their term, pursuant to sec. 59.15 (2), Stats. Page 287 ROBERT W. WARREN, […]

JOHN R. PIKE, Executive Director, Wisconsin Investment Board. Attorney General of Wisconsin — Opinion. September 6, 1972. Investment Board — Public Records — The Investment Board can only deny members of the public from inspecting and copying portions of the minutes relating to the investment of state funds and documents pertaining thereto on a case-by-case […]

JAMES C. EATON, District Attorney, Barron County Attorney General of Wisconsin — Opinion July 1, 1977. Appropriations And Expenditures; Bids And Bidders; Contracts; Counties; County Board; Funds; Public Works; Heavy movable diesel engine utilized in county lime quarry is equipment rather than materials or supplies and may be purchased by county board or committee to […]

JAMES UNGRODT, Corporation Counsel Calumet County Attorney General of Wisconsin — Opinion August 2, 1978. Counties; County Board; Ordinances; Towns; Zoning; A county which has enacted a countywide comprehensive zoning ordinance under sec. 59.97, Stats., may not enact any zoning provision authorizing withdrawal of town approval of such ordinance or otherwise specifically excluding or exempting […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion September 10, 1980. Police; Traffic; Where not acting pursuant to mutual assistance statutes, Clark County officers do not have authority to conduct police operations in each and every territory in which a traffic offense triable in Clark County Circuit Court may arise. […]

WILLIAM A.J. DRENGLER, Corporation Counsel Marathon County Attorney General of Wisconsin — Opinion March 16, 1987 Bids And Bidders; Counties; Municipalities; Words And Phrases; Municipalities may require bidders to include a list of subcontractors. Counties may reject a proposal for failure to include a complete list, except when omitted subcontractors themselves submitted timely, written bids […]

RICHARD R. MALMGREN, Executive Secretary, Judicial Council Attorney General of Wisconsin — Opinion November 14, 1977. Assessments; Automobiles And Motor Vehicles; Fines; Forfeitures; Motor Vehicles; Ordinances; Parking; Traffic; As used in sec. 165.87 (2), Stats., the words “nonmoving traffic violations” apply only to violations of ordinances adopted under secs. 349.13 and 349.14, Stats., and violations […]

HANNAH ROSENTHAL, Chairperson Adolescent Pregnancy Prevention Services Board Attorney General of Wisconsin — Opinion September 8, 1987 Adolescent Pregnancy Prevention Services Board; Establishment Clause, United States Constitution; Constitutionality of the administration of grant monies by the Adolescent Pregnancy Prevention Services Board pursuant to section 46.93, Stats., discussed. DONALD J. HANAWAY, Attorney General HANNAH ROSENTHAL, Chairperson […]

JAMES BABLITCH, District Attorney Rock County Attorney General of Wisconsin — Opinion May 20, 1976 Criminal Law; Bingo games sponsored by church organizations using local cable television facilities to broadcast the program where viewers participate in their homes are in violation of ch. 163. While bingo games conducted pursuant to ch. 163 enjoy exemption from […]

LEE E. FRANKS, Educational Communications Board. Attorney General of Wisconsin — Opinion. November 9, 1971. Leases — Rental Payments — (Informal) — Payment of rent under long-term lease is the contracting of debt. ROBERT W. WARREN, Attorney General LEE E. FRANKS, Educational Communications Board You have requested my opinion as to whether State agencies are […]

JERRY D. MCCORMACK, District Attorney Langlade County Attorney General of Wisconsin — Opinion April 25, 1974 County Treasurer; Land; Taxation; In publishing redemption notices for tax delinquent lands under sec. 75.07 (1), Stats., County Treasurer is not authorized to omit the names of persons to whom such property was last assessed. ROBERT W. WARREN, Attorney […]

PAUL L. BROWN, Secretary State Building Commission Attorney General of Wisconsin — Opinion May 22, 1978. Bonds; Building Commission, State; The anticipated sale of $75,000,000 of revenue bonds in accordance with subch. 11 of ch. 18, Stats., and related statutes, for the guaranteed student loan program will not result in additional public debt to the […]

The Honorable Michael Ellis Attorney General of Wisconsin — Opinion February 18, 1994 Original conveyance of land by federal land patent does not consequentially affect the state’s jurisdiction over the land. JAMES E. DOYLE, Attorney General The Honorable Michael Ellis Chairperson Senate Committee on Organization 210 South, State Capitol Madison, Wisconsin 53702 Dear Senator Ellis: […]

ZEL S. RICE, II, Secretary Department of Transportation Attorney General of Wisconsin — Opinion December 8, 1976. Transportation; Bus Drivers; Licenses And Permits; Motor Vehicles; Automobiles And Motor Vehicles; Schools And School Districts; Public Instruction, Superintendent Of; Safety; Under secs. 121.54 (7), 343.12 and 340.01 (56), Stats., a school bus and school bus operator need […]

DAVID L. RUSCH, Chairman Funeral Directors and Embalmers Examining Board Attorney General of Wisconsin — Opinion January 13, 1982. Funeral Directors And Embalmers; Insurance; Section 632.41 (2), Stats., does not prohibit the naming of a funeral director as beneficiary of a life insurance policy in conjunction with a separate agreement between the insured and the […]

JOSEPH PAULUS, District Attorney, Winnebago County Attorney General of Wisconsin — Opinion January 9, 1990 Criminal Law; Words And Phrases; The requirement in section 950.04 (1), Stats., of notice to the victim of a defendant’s release from custody applies to all felonies charged under chapter 948. Notice is to be given to the victims of […]

PETER J. NAZE, District Attorney Brown County Attorney General of Wisconsin — Opinion January 29, 1980 Criminal Law; Indians; Bingo conducted on Indian Reservations by Indian tribes or Indian persons must comply with the Bingo Control Act. BRONSON C. La FOLLETTE, Attorney General PETER J. NAZE, District Attorney Brown County You ask whether Indian tribes […]

MR. RICHARD FLINTROP, Executive Director Wisconsin Council on Criminal Justice Attorney General of Wisconsin — Opinion December 18, 1986 Federal Aid, Fox Valley Technical Institute; Justice Assistance Act of 1984. The Fox Valley Technical Institute is not a “unit of local government” for the purpose of receiving federal Justice Assistance Act (JAA) funds. Also, JAA […]

CLARK SMITH, Secretary, Board of Regents of the University of Wisconsin System. Attorney General of Wisconsin — Opinion. December 9, 1971. Board of Regents — Branch Campuses — (Informal) — Under ch. 100, Laws of 1971, all two-year institutions are now under an executive head. Page 436 ROBERT W. WARREN, Attorney General CLARK SMITH, Secretary, […]

MARK JANIUK, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion May 7, 1990 Circuit Court; County Jail; Minors; Prisons And Prisoners; The exclusive grant of jurisdiction to circuit courts for enumerated traffic offenses under section 48.17 (1), Stats., involving juvenile offenders, sixteen years of age or older, includes the authority to sentence juveniles […]

MR. JEFFREY R. KOHLER, District, Attorney Washburn County Attorney General of Wisconsin — Opinion December 31, 1986 Newspapers; Open Meeting; Schools and School Districts; Under section 120.11 (4), Stats., a school district in which no newspaper is published may print legal notices of the proceedings of school board meetings in a shopper paper which does […]

FREDERICK R. SCHWERTFEGER, Corporation Counsel, Dodge County Attorney General of Wisconsin — Opinion December 14, 1977. Benefits; County Board; Public Officials; Salaries And Wages; Workmen’s Compensation; County board does not have power to establish number of days elected officials may utilize for vacation or sick leave or to grant longevity pay to elected officials, but […]

MARK A. MANGERSON, District Attorney Oneida County Attorney General of Wisconsin — Opinion February 2, 1979. District Attorney; Public Records; District attorneys do not presently possess legal authorization to destroy documentary materials, made or received in connection with the transaction of public business, and retained by them as evidence of their activities or functions because […]

PATRICK J. LUCEY, Governor of Wisconsin. Attorney General of Wisconsin — Opinion. August 23, 1973. Medical Examiners, State Board of — Schools and School Districts — Medical school instructor serving without compensation is ineligible to serve on board of Medical Examiners. Page 194 ROBERT W. WARREN, Attorney General PATRICK J. LUCEY, Governor of Wisconsin In […]

JAMES A. JUNG, Executive Secretary, Higher Educational Aids Board Attorney General of Wisconsin — Opinion June 6, 1977. Education; Schools And School Districts; Students; Tuition; Vocational And Adult Education; Students who attend state vocational, technical and adult institutions are eligible for tuition grants under sec. 39.30, Stats. BRONSON C. La FOLLETTE, Attorney General JAMES A. […]

FRED A. RISSER, Chairman, Senate Organization Committee Attorney General of Wisconsin — Opinion July 15, 1976. Condemnation; Redevelopment Authority; Urban Renewal; Assuming a Redevelopment Authority properly proceeds under sec. 66.431, Stats., to satisfy all statutory and other legal requirements necessary to establish a project area and implement a redevelopment plan therefore, it may proceed to […]

GARY J. SCHUSTER, District Attorney Door County Attorney General of Wisconsin — Opinion August 16, 1985 District Attorney Medical Aid; Neither district attorney nor corporation counsel have a duty to petition for protective placement, determination of incompetency or otherwise intervene where an apparently competent elderly person with life threatening illness chooses to remain at home […]

GERARD S. PARADOWSKI, Acting Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion October 23, 1980 Criminal Law; Hotels, Boarding Houses And Restaurants; The temporary detention provision of the shoplifting statute, sec. 943.50, Stats., cannot be used by hotel proprietors to detain guests who take hotel property without authorization. Sections 943.13(1)(b) and 943.21, Stats., […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County. Attorney General of Wisconsin — Opinion. July 10, 1973. Indigent — Public Defenders — Power to appoint counsel for indigent defendant vested by sec. 970.02 (6), in judge cannot be transferred without the consent of such judge to a non-stock, non-profit Page 133 corporation operating as a public […]

RUSSELL FALKENBERG, District Attorney, Chippewa County. Attorney General of Wisconsin — Opinion. February 22, 1972. ID Cards, Duplicates — Register of Deeds — Under the provisions of sec. 66.057 (2) (c), Stats., only one “duplicate” uniform state identification card may be issued to replace an original identification card. ROBERT W. WARREN, Attorney General RUSSELL FALKENBERG, […]

ERICH MILDENBERG, Commissioner of Banking. Attorney General of Wisconsin — Opinion. September 21, 1972. Banks — Cognovit Notes — Chapter 327, Laws of 1971, recreating sec. 270.69, Stats., prohibits banks or other persons from taking power to confess judgment from debtors after June 18, 1972. ROBERT W. WARREN, Attorney General ERICH MILDENBERG, Commissioner of Banking […]

The Honorable Walter Kunicki Attorney General of Wisconsin — Opinion August 19, 1993 The boundaries of existing multicounty regional planning commissions may only be altered following their dissolution under the procedure set out in section 66.945 (15), Stats. JAMES E. DOYLE, Attorney General The Honorable Walter Kunicki Chair Assembly Organization Committee 212 North, State Capitol […]

ALEX J. RAINERI, District Attorney, Iron County. Attorney General of Wisconsin — Opinion. July 6, 1972. Counties — Contracts For Road Work — Counties are without power to furnish equipment or supplies or to contract to do repair work on private roads and driveways. ROBERT W. WARREN, Attorney General ALEX J. RAINERI, District Attorney, Iron […]

JOHN D. OSINGA, District Attorney Portage County Attorney General of Wisconsin — Opinion December 24, 1981. Bench Warrant; Circuit Court; Law Enforcement; The circuit court has neither statutory nor inherent authority to issue a bench warrant for the arrest of a violator of a county ordinance who has received a citation pursuant to sec. 66.119, […]

PHILIP E. LERMAN, Chairman, Department of Industry, Labor and Human Relations. Attorney General of Wisconsin — Opinion. May 16, 1973. Hotels, Boarding Houses and Restaurants — Industry, Labor and Human Relations, Department of — The Department of Industry, Labor and Human Relations may inspect those parts of boarding homes designed for three or more persons […]

WILLIAM D. BUSSEY, District Attorney Bayfield County Attorney General of Wisconsin — Opinion February 13, 1979. Counties; Towns; County which has received payments from the federal government in lieu of taxes under sec. 1 of Pub.L. No. 94-565, 90 Stat. 2662, cannot distribute such payments to the towns in which the national forest lands are […]

C.M. SULLIVAN, Secretary, Department of Employe Trust Funds. Attorney General of Wisconsin — Opinion. September 17, 1973. Teachers — Teachers’ required deposits paid to retirement funds by the employer on behalf of the teachers are not to be used to determine the “final average compensation” under secs.42.20 (26) (a) or 42.70 (2) (t), Stats. ROBERT […]

COMMITTEE ON ASSEMBLY ORGANIZATION, Legislature Attorney General of Wisconsin — Opinion January 23, 1979. Fish And Game; Licenses And Permits: Words And Phrases; Discussion of effect and constitutionality of law broadening endangered species protection to include threatened species. Definition of endangered and threatened species. Law gives protection to any species so designated, whether or not […]

TOM LOFTUS, Chairperson, Assembly Organization Committee Attorney General of Wisconsin — Opinion May 14, 1990 Board On Aging And Long-Term Care; If individuals who have an interest in or are affiliated with long-term care facilities such as nursing homes are appointed to the Board on Aging and Long-Term Care under section 15.105, Stats., it is […]

VIRGINIA B. HART, Chairman Attorney General of Wisconsin — Opinion February 1, 1977. Employer And Employe; Industry, Labor And Human Relations, Department Of, Fair Employment, Discrimination; Labor; Fair Employment Practices Act; The Department of Industry, Labor and Human Relations may approve or be party to a job discrimination settlement agreement which includes less than the […]

ERICH MILDENBERG, Commissioner Office of the Banking Commissioner Attorney General of Wisconsin — Opinion September 21, 1979. Banks And Banking; Stock; Trusts; Words And Phrases; Buying and selling stock options by trust company banks and state chartered banks with trust powers does not constitute a crime under sec. 112.05, Stats., but the writing of most […]

JERILYN KOLBA, Register of Deeds Juneau County Attorney General of Wisconsin — Opinion March 1, 1983 Public Records; The custodian of public records may not require that a requester for copies of records pay the cost of unrequested certification. The custodian may furnish copies of records rather than allow the requester the use of the […]

FRED A. RISSER, President State Senate Attorney General of Wisconsin — Opinion September 9, 1982. Elections; Legislature; Senate; A state senator need not resign his or her present seat before filing and running for a newly numbered senate seat, merely because he or she is presently an incumbent senator. BRONSON C. La FOLLETTE, Attorney General […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County Attorney General of Wisconsin — Opinion August 10, 1976. Anti-Secrecy; Public Welfare; Health And Social Services, Department Of; Public Records; Section 47.40 (13), Stats., precludes the release of vocational rehabilitation information for the purpose of determining legal settlement of a dependent person. BRONSON C. La FOLLETTE, Attorney General […]

EUGENE R. DUMAS, Corporation Counsel Sauk County Attorney General of Wisconsin — Opinion August 10, 1979. 51.42 Board; Sheriffs; Section 51.20 (14), Stats., requires sheriff to furnish transportation to any individual who is the subject of a petition under sec. 51.20, Stats., at all stages of the proceedings, regardless of any provision for reimbursement for […]

JOHN D. OSINGA, District Attorney Portage County Attorney General of Wisconsin — Opinion February 28, 1984 IMPLIED CONSENT LAW; WORDS AND PHRASES; The taking of a blood sample pursuant to the Wisconsin Implied Consent Law is not a procedure in connection with the performance of a drug or alcohol abuse prevention function nor is the […]

LILLIAN M. QUINN, Deputy Secretary, Department of Regulation and Licensing. Attorney General of Wisconsin — Opinion. March 5, 1973. Compatibility — Regulation and Licensing, Department of — A member of a licensing board is not, as a matter of law, precluded from holding membership in or acting as an officer of a private professional society […]

JOSEPH J. SALITURO, Corporation Counsel, Kenosha County Attorney General of Wisconsin — Opinion July 19, 1976. Personal Injury; Public Assistance; Collection Agencies; Counties; Attorneys; County is a necessary party to an action on a claim where it has received an assignment under sec. 49.65, Stats. The county may take steps necessary to enforce its claim. […]

ALDWIN H. SEEFELDT, Corporation Counsel, Washington County. Attorney General of Wisconsin — Opinion. July 12, 1973. Regional Planning — Constitutional Law — Representation provisions of sec. 66.945 (3), Wis. Stats., do not violate the equal protection clause. ROBERT W. WARREN, Attorney General ALDWIN H. SEEFELDT, Corporation Counsel, Washington County You ask whether the representation provisions […]

DARWIN L. ZWIEG, District Attorney, Clark County Attorney General of Wisconsin — Opinion April 24, 1990 Employer And Employe; Sheriffs; Wisconsin Fair Employment Act; When evaluating an individual for the position of reserve officer, a sheriff’s department may consider information in its possession concerning the individual’s juvenile record, subject to the prohibitions against arrest record […]

BRUCE E. SCHROEDER, District Attorney, Kenosha County Attorney General of Wisconsin — Opinion November 7, 1974. Cities; Malt Beverages; An alderman holding a Class “B” Fermented Malt Beverage and Intoxicating Liquor License is ineligible to vote on the granting, renewal or revocation of such a license. VICTOR A. MILLER, Attorney General BRUCE E. SCHROEDER, District […]

MARLENE A. CUMMINGS, Secretary Department of Regulation Licensing Attorney General of Wisconsin — Opinion May 27, 1987 Bingo; Licenses And Permits; Lotteries; Words And Phrases; To be eligible to obtain a raffle license from the State of Wisconsin, an organization, whether it is tax exempt or not, must qualify as a local organization. If a […]

TIM CULLEN Senate Majority Leader Attorney General of Wisconsin — Opinion May 29, 1986 Regulation and Licensing, Department of; Placing the lowest standard of proof — preponderance of the evidence — upon the Department of Regulation and Licensing and the licensing boards attached to it, in proceedings that could result in a decision adversely affecting […]

KARL W. MARQUARDT, Executive Secretary, Pharmacy Examining Board Attorney General of Wisconsin — Opinion May 16, 1977. Birth Control; Drugs; Nurses; Pharmacy; Physicians And Surgeons; Sales; Professional nurse may sell contraceptive articles, including oral contraceptive drugs, under sec. 450.11 (5), Stats. BRONSON C. La FOLLETTE, Attorney General KARL W. MARQUARDT, Executive Secretary, Pharmacy Examining Board […]

NORMAN C. ANDERSON, Speaker Wisconsin State Assembly Attorney General of Wisconsin — Opinion February 23, 1976 Education; Public Lands, Commissioners Of; Legislature may direct Public Land Commissioners to invest monies from sale of public lands in student loans but may not direct a specific investment. That portion of 17 OAG 516 (1929) inconsistent with this […]

EDWARD A. WIEGNER, Secretary, Department of Revenue. Attorney General of Wisconsin — Opinion. October 10, 1973. Taxation — Income tax lien is extinguished by tax deed under sec. 75.14, Stats., or by judgment under sec. 75.521. ROBERT W. WARREN, Attorney General EDWARD A. WIEGNER, Secretary, Department of Revenue You ask whether land acquired by a […]

WILLIAM C. KAHL, State Superintendent, Department of Public Instruction. Attorney General of Wisconsin — Opinion. July 16, 1971. School Boards — Elections — (Informal) — Since the ratification of the Twenty-Sixth Amendment to the United States Constitution, 18-, 19- and 20-year-old citizens, who are otherwise qualified electors in the district wherein they intend to serve, […]

BRUCE E. SCHROEDER, District Attorney Kenosha County Attorney General of Wisconsin — Opinion February 22, 1974. Conflict of Interest; Elections; Alderman and police officer husband could continue to hold offices as long as alderman does not violate sec. 946.13 (1), Stats., with respect to police officer’s contract. ROBERT W. WARREN, Attorney General BRUCE E. SCHROEDER, […]

CAL W. KORNSTEDT, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion April 30, 1992 Clerk of Courts; County Board; Fees; Forfeiture; Neither the clerk of court nor the county board has the authority to adopt a non-refundable processing fee for persons desiring to pay a fine or forfeiture imposed by the court through […]

JAMES A. WENDLAND, District Attorney Dunn County Attorney General of Wisconsin — Opinion November 9, 1978. Criminal Law; Licenses And Permits, Natural Resources, Department Of; Navigable Waters; State; Streams; In order to obtain a conviction for violating sec. 30.195, Stats., the state must show that the defendant changed the course of a navigable stream and […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion August 11, 1978. Health Officers; Liability; Licenses And Permits; Medical Aid; Public Health; Interpretation of new law rendering “good Samaritans” immune from civil liability for good faith acts or omissions in giving emergency care at the scene of an […]

ROBERT G. OTT, Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion November 18, 1991 Open Meeting; Words And Phrases; The term “quasi-governmental corporation” in section 19.82(1), Stats., includes private corporations which closely resemble governmental corporations in function, effect or status. As currently organized, the Milwaukee Economic Development Corporation and Metropolitan Milwaukee Enterprise Corporation […]

RAY A. SUNDET, Corporation Counsel, La Crosse County. Attorney General of Wisconsin — Opinion. March 12, 1973. County Board — Indigent — A county board supervisor risks violations of sec. 946.13, Stats., where he is appointed counsel for indigent defendants and fees exceed $2,000 per annum. Page 63 ROBERT W. WARREN, Attorney General RAY A. […]

MARLENE A. CUMMINGS, Secretary Department of Regulation Licensing Attorney General of Wisconsin — Opinion May 11, 1987 Licenses And Permits; Regulation And Licensing, Department Of; The Department of Regulation and Licensing has the authority to promulgate rules for procedures for the summary suspension of occupational licenses. Summary suspension of occupational licenses may constitutionally be invoked […]

DAVID A. SHUDLICK, District Attorney Monroe County Attorney General of Wisconsin — Opinion August 9, 1983 Hospitals; Law Enforcement; In certain circumstances a peace officer may command a physician, or other medical staff at a hospital or clinic, to gather evidence from a sexual assault victim. BRONSON C. La FOLLETTE, Attorney General DAVID A. SHUDLICK, […]

DR. BARBARA THOMPSON, State Superintendent, Department of Public Instruction Attorney General of Wisconsin — Opinion October 17, 1974. Schools And School Districts; Transportation; Students may have bus riding privileges suspended without being suspended or expelled from school. However, both public and private school students must be afforded due process as provided by sec. 120.13 (1), […]

DR. BARBARA THOMPSON, State Superintendent, Department of Public Instruction Attorney General of Wisconsin — Opinion August 27, 1974. County Board; Libraries; County board, in county having a single-county federated public library system, cannot abolish system board appointed under sec. 43.19 (1) (a), Stats., and transfer functions and duties to committee of county board. ROBERT W. […]

NORMAN M. CLAPP, Secretary, Department of Transportation. Attorney General of Wisconsin — Opinion. June 30, 1971. Traffic Safety School — Drunk Driving — (Informal) — Convicted drunk drivers may be sent to safety school in lieu of other penalties. ROBERT W. WARREN, Attorney General NORMAN M. CLAPP, Secretary, Department of Transportation You have asked my […]

RICHARD C. KELLY, District Attorney, Juneau County. Attorney General of Wisconsin — Opinion. August 23, 1973. Register of Deeds — Joint Tenants — Register of deeds is not authorized to collect and forward to the county court fees set forth in sec. 253.34 (1) (a), Stats., where sec. 867.045, Stats., is used for administrative joint […]

FRED A. RISSER, President Senate Committee on Organization Attorney General of Wisconsin — Opinion December 11, 1979. Civil Actions; State may require proof beyond a reasonable doubt in civil commitments although a lesser burden would be sufficient under the United States Constitution. BRONSON C. La FOLLETTE, Attorney General FRED A. RISSER, President Senate Committee on […]

BURLEIGH A. RANDOLPH, District Attorney, La Crosse County. Attorney General of Wisconsin — Opinion. September 3, 1971. Union Advertising — Ophthalmic Devices — (Formal) — The prohibition in sec. 449.10, Stats., against advertising by “any person” applies to unions and other associations who, in conjunction with optical companies, advertise glasses or other ophthalmic devices to […]

RAYMOND L. PAYNE, District Attorney, Douglas County Attorney General of Wisconsin — Opinion June 1, 1977. Children; Foster Homes; Guardian; Minors; Parental Rights; Public Welfare; The potential liability of placement agencies and foster parents for the torts of foster children is the same as natural parents’ liability. They are only liable for property damage or […]

LINDA REIVITZ, Secretary Department of Health Social Services Attorney General of Wisconsin — Opinion July 23, 1984 CRIMINAL LAW; HEALTH AND SOCIAL SERVICES, DEPARTMENT OF; PRISONS AND PRISONERS; The Department of Health and Social Services has authority to supervise defendants conditionally released under section 971.17(2), Stats., if the court orders such supervision as a condition […]

THE HONORABLE, THE SENATE. Attorney General of Wisconsin — Opinion. March 8, 1972. Public Interest — Natural Resources, Conveyance — The common and approved usage of the words “in the public interest” involve something in which the public, the community at large, is involved and has an interest or right which may be affected. Because […]