Category: Wisconsin Attorney General Opinions

WILLIAM C. KIDD, Secretary, Department of Business Development. Attorney General of Wisconsin — Opinion. September 14, 1973. Internal Improvement — Funds — Business Development, Department of — Chapter 108, Laws of 1973, contemplates the appropriation of public funds for a valid public purpose, not for works of internal improvement, and is constitutional. ROBERT W. WARREN, […]

WILBUR J. SCHMIDT, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion February 19, 1974 Zoning; Foster Homes; Foster homes owned, operated or contracted for by the Department of Health and Social Services or a county agency are immune from local zoning ordinances. Foster homes owned, operated or contracted for by […]

STANLEY C. DUROSE, Commissioner of Insurance Attorney General of Wisconsin — Opinion March 1, 1974. Corporations; Insurance; Commissioner of Insurance may not permit WPS, a nonprofit plan, to be organized into a stock insurance company under ch. 611. Sections 148.01 (1), 148.01 (3), 148.03, 148.03 (1), 148.03 (2), 200.26 (4), 201.045, 204.31 (3m), and 611.71 […]

ASSEMBLY ORGANIZATION COMMITTEE, Legislature Attorney General of Wisconsin — Opinion May 22, 1978. Cities; Collective Bargaining; Contracts; Counties; Employer And Employe; Home Rule; Legislature, Municipalities, Pensions; Retirement Fund; Retirement Systems, Salaries And Wages; Schools And School Districts; Teachers Retirement Fund; Towns; Villages; Authority of a state or governmental subdivision to provide a retirement plan in […]

DANIEL G. SMITH, Administrator Income, Sales, Inheritance and Excise Tax Division Department of Revenue Attorney General of Wisconsin — Opinion March 10, 1982. Indians; Taxation; Land recently purchased and held in trust for Indian tribes or tribe members under the superintendence of the federal government has the same reservation status as land reserved for the […]

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 […]

NORMAN M. CLAPP, Secretary, Department of Transportation. Attorney General of Wisconsin — Opinion. September 19, 1973. Zoning — Transportation, Department of — The jurisdiction of the Secretary of Transportation with respect to control over the erection of high structures is limited by the provisions contained in sec. 114.135 (7), Wis. Stats., to those structures that […]

C.M. SULLIVAN, Secretary, Department of Employe Trust Funds. Attorney General of Wisconsin — Opinion. February 5, 1971. Industrial Development Corporation — Wisconsin Retirement Fund — (Informal) — Industrial Development Corporation is a separate municipality or public agency for purposes of the Wisconsin Retirement Fund and Public Employes Social Security Fund. ROBERT W. WARREN, Attorney General […]

DR. BARBARA THOMPSON, State Superintendent, Department of Public Instruction Attorney General of Wisconsin — Opinion September 22, 1976. Libraries; Taxation; Municipalities; A town, city or village which does not maintain a public library, as a municipality or jointly with another municipality under contract, but which makes contributions to a nearby public library, cannot be exempted […]

JAMES B. MOHR, District Attorney Vilas County Attorney General of Wisconsin — Opinion October 19, 1982. Indians; Zoning; The Lac du Flambeau Indian Tribe has exclusive authority to zone Indian land, and has concurrent jurisdiction with the state to zone private property within the tribe’s reservation boundaries unless county zoning would infringe on tribal self-government. […]

Lowell B. JACKSON, Secretary Department of Transportation Attorney General of Wisconsin — Opinion December 18, 1980 Relocation Act; Wisconsin Relocation Act; Words And Phrases; Owners of rental property who do not physically occupy real property taken for public use are not eligible for business replacement payments under sec. 32.19(4m), Stats., as affected by chs. 221 […]

GLENN L. HENRY, Corporation Counsel, Dane County. Attorney General of Wisconsin — Opinion. September 5, 1973. County Board — Regional Planning — Appointments to regional planning commissions on behalf of a county, under sec. 66.945 (3) (b), Stats., are made by the county board, unless the county has a county executive or a county administrator […]

CAL W. KORNSTEDT, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion April 2, 1992 Appropriations And Expenditures; County Executive; A veto of an appropriation by the county executive under section 59.031 (5), Stats., does not restore the appropriation to the level in the county executive’s proposed budget. JAMES E. DOYLE, Attorney General CAL […]

JOHN D. OSINGA, District Attorney Portage County Attorney General of Wisconsin — Opinion September 28, 1983 County Board; Ordinances; Sheriffs; A county has power under section 59.07(64) to enact an ordinance, applicable countywide, prohibiting the giving of false alarms on security or fire alarm systems connected to the sheriff’s department. Provisions amounting to a building […]

TIM A. DUKET, District Attorney Marinette County Attorney General of Wisconsin — Opinion April 27, 1989 Emergency Medical Treatment; Interstate Compact On Mental Health; Medical Aid; Public Health; It would be inadvisable to treat individuals transported across state lines for emergency medical care differently than other individuals when determining whether emergency detention proceedings should be […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion December 14, 1978. Land; Municipalities; Ordinances; Plats And Platting; Surveys; Certified survey maps under sec. 236.34, Stats., cannot be used as a substitute for subdivision surveys as defined by sec. 236.02 (8), Stats. Penalties under sec. 236.31, Stats., applicable to improper use […]

GARY I. GATES, Secretary Department of Employe Trust Funds Attorney General of Wisconsin — Opinion October 14, 1986 Constitutionality; Revisor of Statutes; Veterans Affairs, Department of; Words and Phrases; Section 3017(2) of 1985 Wisconsin Act 29 (the 1985 state budget bill) violates article IV, section 18 of the Wisconsin Constitution. BRONSON C. La FOLLETTE, Attorney […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion February 19, 1988 Public Officials, Public Service Commission; Words And Phrases; Section 15.06 (3)(a), Stats., does not prohibit a commissioner from having any business interests. It prohibits a commissioner from pursuing business interests which would prevent him or her from properly fulfilling […]

JUDITH A. TEMBY, Secretary Board of Regents Attorney General of Wisconsin — Opinion August 2, 1985 Employer And Employe; Physicians And Surgeons; Public Records; The final decision of a quasi-judicial body regarding disciplinary action against a physician in the unclassified service is properly deemed available under the public records law. BRONSON C. La FOLLETTE, Attorney […]

RONALD W. DAMP, Attorney City of Plymouth Attorney General of Wisconsin — Opinion April 26, 1978. Open Meeting; Towns; Whereas it is preferable to hold meetings of a town board in a public building such as a town hall, fire station or school building, such meeting can be legally held at the home of a […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion May 23, 1988 County Executive; An elected county executive does not have authority to reorganize another elected county official’s office so as to remove functions or responsibilities mandated by statute. An elected county executive does have authority, along with the county board, […]

MARK D. BUGHER, Secretary, Department of Revenue Attorney General of Wisconsin — Opinion April 4, 1990 Constitutional Law; Municipalities; Property; Taxation; Municipal service fees on tax-exempt property may violate the uniformity and equal protection clauses of the Wisconsin Constitution. DONALD J. HANAWAY, Attorney General MARK D. BUGHER, Secretary, Department of Revenue You have requested my […]

PHILIP J. FREEBURG, District Attorney Langlade County Attorney General of Wisconsin — Opinion January 11, 1988 Courts; Criminal Law, Implied Consent Law; An individual’s fifth amendment privilege against self-incrimination need not be compromised by his or her testimony elicited at the evidentiary refusal hearing afforded to individuals who have requested the opportunity to litigate the […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion March 17, 1988 Constitutionality; Establishment Clause, United States Constitution; Legislation; Schools And School Districts; 1987 Senate Bill 366 is facially constitutional. DONALD J. HANAWAY, Attorney General FRED A. RISSER, Chairperson Senate Organization Committee You ask whether 1987 Senate Bill 366, which directs […]

ARTHUR R. KURTZ, Deputy Secretary Department of Agriculture, Trade Consumer Protection Attorney General of Wisconsin — Opinion April 3, 1978. Marketing And Trade Practices: Trade Practices; Trade Regulations; Trading Stamps, A plan in which a record of a customer’s purchases is maintained by a merchant without delivery to the customer and in which the customer […]

LAURENCE LEWIS, Chairman Mining Investment and Local Impact Fund Board Attorney General of Wisconsin — Opinion March 19, 1981. Appropriations And Expenditures; Mining Investment And Local Impact Fund Board; The Mining Investment and Local Impact Fund Board is authorized to make grants to municipalities under sec. 70.395 (2), Stats., to drill wells and fence cave-ins […]

ROBERT C. BRUNNER, Secretary Department of Business Development Attorney General of Wisconsin — Opinion May 20, 1980. Nonresident Property Owners; Words And Phrases; Exploration and mining rights constitute interests in land, and ownership of such interests are subject to the provisions of sec. 710.02, Stats., limiting nonresident ownership of land in Wisconsin. BRONSON C. La […]

ROBERT DUNN, Secretary Department of Administration Attorney General of Wisconsin — Opinion April 23, 1976 Discrimination; Pharmacy; The state and local units of government are not “purchasers” under sec. 100.31, Stats., and sellers of drugs are not prohibited from offering or according to them pricing arrangements which are not made available to other purchasers. BRONSON […]

ANN HANEY, Secretary Department of Regulation and Licensing Attorney General of Wisconsin — Opinion July 23, 1979. County Surveyor; Surveying; A city or village engineer is not required to be registered as a land surveyor when acting pursuant to sec. 59.635 (2), Stats. (1977). BRONSON C. La FOLLETTE, Attorney General ANN HANEY, Secretary Department of […]

WILLIAM J. GROGAN, District Attorney Outagamie County Attorney General of Wisconsin — Opinion June 20, 1986 Counties; Venue; Section 48.185, Stats., does not authorize a change of venue, upon motion of a party or upon stipulation of the parties, after adjudication but before the first dispositional hearing, in a juvenile delinquency proceeding. BRONSON C. La […]

COMMITTEE ON ASSEMBLY ORGANIZATION, Legislature Attorney General of Wisconsin — Opinion September 5, 1978. Boundaries, Cities; Ordinances, Villages, Zoning; 1. An extraterritorial zoning ordinance may utilize interior section lines. 2. Interim extraterritorial zoning ordinances need not be based on a land use survey. 3. Amendment of interim extraterritorial zoning ordinances discussed. 4. Appeals under an […]

GARY I. GATES, Secretary Department of Employe Trust Funds Attorney General of Wisconsin — Opinion March 17, 1986 Fire Department; Police; Wisconsin Retirement Fund; Wisconsin Retirement System; Section 40.21 (4), Stats., limits prospective mandatory Wisconsin Retirement System coverage to present and future police and firefighter employes of cities and villages that had police and firefighter […]

DENNIS J. FLYNN, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion October 2, 1975. Counties; Municipalities; Counties and municipalities do not have authority to regulate the interception and rebroadcast of local law enforcement agency radio communications. BRONSON C. La FOLLETTE, Attorney General DENNIS J. FLYNN, Corporation Counsel, Racine County You have requested my […]

JOHN LANDA, District Attorney Kenosha County Attorney General of Wisconsin — Opinion March 12, 1980 Page 45 County Civil Service Commission; County Medical Examiner; County board or county civil service commission, when establishing qualifications for the position of medical examiner should consider the statutorily prescribed duties of the medical examiner in sec. 59.34 and ch. […]

RAY A. SUNDET, Corporation Counsel La Crosse County Attorney General of Wisconsin — Opinion June 1, 1989 Municipalities; Plats And Platting; Towns; Towns with village powers lack statutory authority to unilaterally vacate streets in recorded subdivision plats. DONALD J. HANAWAY, Attorney General RAY A. SUNDET, Corporation Counsel La Crosse County You ask whether towns with […]

RICHARD L. HAMILTON, Corporation Counsel Outagamie County Attorney General of Wisconsin — Opinion April 19, 1979. Condemnation; Highways; Tenants operating a business or farm are entitled to business or farm replacement costs payable pursuant to sec. 32.19 (4m), Stats. BRONSON C. La FOLLETTE, Attorney General PAUL J. FIEBER, Chief of Relocation Services Division of Housing […]

ED JACKAMONIS, Speaker Wisconsin State Assembly Attorney General of Wisconsin — Opinion March 17, 1980 Prisons And Prisoners; Words And Phrases; Community-based residential facilities and child welfare agencies, facilities, or group foster homes do not necessarily become prisons or jails by reason of the placement therein of adult criminal or juvenile offenders in the custody […]

DR. HERBERT J. GROVER, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion November 14, 1986 Schools and School Districts; Discussion of whether a private school pupil or a child in a home-based private educational program may participate in selected courses or activities of the public school district. A public school district […]

NORMAN M. CLAPP, Secretary, Department of Transportation. Attorney General of Wisconsin — Opinion. February 18, 1971. Airport Planning — Transportation — (Informal) — Since the Department of Transportation has general planning authority over all modes of transportation pursuant to sec. 79.01, Stats., and the Secretary of Transportation is authorized pursuant to sec. 114.32, Stats., to […]

JAMES L. KARNS, Administrator, Division of Motor Vehicles Department of Transportation. Attorney General of Wisconsin — Opinion. April 5, 1971. Chauffeur’s License — Drunk Driving — (Informal) — Upon a first conviction for drunk driving, a court must revoke both the regular and chauffeur’s license. ROBERT W. WARREN, Attorney General JAMES L. KARNS, Administrator, Division […]

CARROLL D. BESADNY, Secretary Department of Natural Resources, HOWARD C. RICHARDS, Secretary Department of Agriculture, Trade and Consumer Protection Attorney General of Wisconsin — Opinion August 24, 1987 Contracts; Farmland Preservation Credit; Land Conservation Committee; Land conservation committee responsibilities and prohibition of private interest in public contracts discussed. DONALD J. HANAWAY, Attorney General CARROLL D. […]

Mr. Joseph P. Guidote, Jr. Attorney General of Wisconsin — Opinion December 21, 1994 Except as provided in section 301.048(7), Stats., counties are financially responsible under sections 49.02 and 51.42 for the provision of medical and dental services, including psychiatric and AODA services, to persons in the community residential confinement program and to persons in […]

JOHN C. ZINOS, Commissioner Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion March 29, 1974. Revisor of Statutes; It is within the discretionary power of the Revisor of Statutes whether to purchase and utilize the Federal Standards found in the Federal Register and attach state printed covers thereto in lieu […]

CLIFFORD R. WILLS, Acting Secretary, Department of Veterans Affairs Attorney General of Wisconsin — Opinion June 1, 1977. Official Proceedings; Public Officials; Veterans Affairs, Department Of; Quorum for Board of Veterans Affairs is four, since Board has statutory membership of seven and “membership” as used in sec. 15.07 (4), Stats., means authorized number of positions […]

FRANK R. VAZQUEZ, Corporation Counsel Clark County Attorney General of Wisconsin — Opinion November 5, 1990 Burial; Cemeteries; For the purpose of payment of expenses under section 49.30, Stats., a cement grave liner will be considered a funeral and burial expense or a cemetery expense depending upon who provides the liner. Therefore, a cement grave […]

FRANKLIN J. SCHMIEDER, District Attorney, Calumet County. Attorney General of Wisconsin — Opinion. May 24, 1973. Zoning — Words and Phrases — A self-created or self-imposed hardship does not constitute an “unnecessary hardship” for which a county zoning board of adjustment may grant a variance, under the provisions of sec. 59.99 (7) (c), Wis. Stats. […]

R. ROTH JUDD, Executive Director Ethics Board Attorney General of Wisconsin — Opinion March 23, 1992 Lobbying, Public Officials; Words And Phrases; The lobbying law prohibition against furnishing anything of pecuniary value to state officials includes fair market exchanges unless the fair market exchange is between a principal and a state official and the item […]

LESTER P. VOIGT, Secretary, Department of Natural Resources. Attorney General of Wisconsin — Opinion. March 8, 1972. Forest Crop Law — Natural Resources Department — Requests by individual legislators and town or county boards for delay in issuing orders pursuant to ch. 77, Stats., present no basis for withholding actions by the Department of Natural […]

J. DENIS MORAN, Director of State Courts Supreme Court of Wisconsin Attorney General of Wisconsin — Opinion May 13, 1992 Clerk of Courts, Fees, Marriage And Divorce; If a domestic abuse petition is filed under section 813.12 (2), Stats., in conjunction with an action affecting the family commenced under chapter 767, no separate filing fee […]

HOWARD C. RICHARDS, Secretary Department of Agriculture, Trade and Consumer Protection Attorney General of Wisconsin — Opinion August 17, 1988 Administrative Law And Procedure; Agriculture, Department Of; Animals; Automobiles And Motor Vehicles; Criminal Law; Authorized agents of the Department of Agriculture, Trade and Consumer Protection have the authority to stop and search vehicles transporting livestock […]

DEBRA WOJTOWSKI, Corporation Counsel Pierce County Attorney General of Wisconsin — Opinion August 25, 1987 Counties; Law Enforcement; Ordinances; Without statutory authority to do so, a county cannot use citations for violations of ordinances that have certain statutory counterparts. Section 66.119 (3)(b), Stats., only authorizes the use of citations for violations of ordinances other than […]

ED JACKAMONIS, Speaker State Assembly Attorney General of Wisconsin — Opinion January 18, 1982. Firewood; Natural Resources, Department Of: The Department of Natural Resources has authority to assess a fee for firewood produced on state lands. Legislative committee recommendation that funding and positions be withdrawn from a proposed state wood energy program does not affect […]

ANN HANEY, Secretary Department of Regulation Licensing Attorney General of Wisconsin — Opinion August 17, 1979. Public Records; Regulation And Licensing, Department Of; Neither sec. 19.21 (2), Stats., nor any other statute requires or authorizes the Department of Regulation and Licensing to have pre-addressed mailing labels for persons in various licensed professions printed up by […]

J. DENIS MORAN, Director State Courts Attorney General of Wisconsin — Opinion January 11, 1982. Physicians And Surgeons; If a submission of controversy under ch. 655, Stats., is dismissed on the merits by voluntary agreement, the claimant is barred from commencing a second action on the same claim, but claimant may be relieved from the […]

JOSEPH SALITURO, Corporation Counsel, Kenosha County Attorney General of Wisconsin — Opinion December 30, 1974. Compatibility; Offices of county assessor and town supervisor are compatible. Page 600 BRONSON C. La FOLLETTE, Attorney General JOSEPH SALITURO, Corporation Counsel, Kenosha County You request my opinion whether the offices of county assessor and town supervisor are compatible and […]

WALTER J. SWIETLIK, District Attorney, Ozaukee County. Attorney General of Wisconsin — Opinion. August 4, 1971. County Parks — County Control — (Informal) — County has full power and control over county park lands even though they are located within limits of a city. Page 283 ROBERT W. WARREN, Attorney General WALTER J. SWIETLIK, District […]

WILLIAM R. HEATH, Editor The Marshfield News-Herald City of Marshfield Attorney General of Wisconsin — Opinion April 21, 1978. Collective Bargaining; Open Meeting, Public Records; Public Utilities; Salaries And Wages; Where Water and Light Commission has power to fix compensation of employes, it may meet in closed session to discuss and vote upon increases for […]

GEORGE H. HANDY. M.D., State Health Officer. Attorney General of Wisconsin — Opinion. February 18, 1972. Physicians — PKU Test — A physician and parent may enter an agreement to perform a PKU test after the infant of said parent has left the hospital without violating sec. 146.02 (1), Stats. Page 67 ROBERT W. WARREN, […]

FRANK VOLPINTESTA, Corporation Counsel Kenosha County Attorney General of Wisconsin — Opinion June 22, 1981. Municipalities; Ordinances; Codification and publication of municipal ordinances discussed. BRONSON C. La FOLLETTE, Attorney General FRANK VOLPINTESTA, Corporation Counsel Kenosha County You state that: Several years ago, Kenosha County codified its municipal code and the time has now come to […]

MICHAEL W. GAGE, District Attorney Outgamie County Attorney General of Wisconsin — Opinion January 14, 1982. Implied Consent Law; Indigent; Public Defenders; The State Public Defender, under sec. 977.05 (4)(h). Stats., may, if he deems it appropriate to do so, provide legal services to an indigent at a so called “Refusal Hearing” conducted pursuant to […]

JAMES R. KLAUSER, Chairman, State Elections Board Attorney General of Wisconsin — Opinion August 16, 1976. Campaign Expenses; Elections; Votes And Voting; Administrative Code; Constitutionality of Wisconsin’s campaign finance law, ch. 11, Stats., discussed in light of Buckley v. Valeo (1976), 96 S.Ct. 612. Contribution limitations and disclosure provisions are generally unaffected. Ban on corporate […]

CLYDE M. SULLIVAN, Secretary Department of Employe Trust Funds. Attorney General of Wisconsin — Opinion. September 15, 1971. Retirement Fund — Annuity — (Formal) — Payment for unused sick leave, vacation and compensatory time extends the date of termination of employment and the last day for which earnings were paid for Wisconsin Retirement Fund purposes […]

THE HONORABLE, THE ASSEMBLY. Attorney General of Wisconsin — Opinion. March 7, 1972. Property Taxation — Agricultural Land — 1971 Senate Bill 58, providing for a different classification and valuation of agricultural land for property tax purposes, is in violation of Art. VIII, sec. 1, Wis. Const. 1971 Assembly Joint Resolution 1 discussed. ROBERT W. […]

MARLENE A. CUMMINGS, Secretary Department of Regulation Licensing Attorney General of Wisconsin — Opinion May 23, 1988 Constitutional Law; Real Estate Brokers; Section 452.11(1), Stats., requiring nonresident real estate brokers to maintain an active place of business and prohibiting them from employing brokers or salespersons in this state, is unconstitutional since it violates the privileges […]

EDWARD E. LEINEWEBER, District Attorney Richland County Attorney General of Wisconsin — Opinion March 17, 1989 Counties; Ordinances; Counties possess the statutory authority to enact and enforce ordinances prohibiting the issuance of bad checks and trespassing but do not have the authority to enact and enforce ordinances prohibiting battery and theft. DONALD J. HANAWAY, Attorney […]

THOMAS SAZAMA, District Attorney Chippewa County Attorney General of Wisconsin — Opinion September 12, 1979. County Board; Public Welfare; Powers of county board and county board of public welfare as to establishment of and appointment to positions in the public welfare department, concerned with administration of aid to dependent children, discussed. BRONSON C. La FOLLETTE, […]

NEWTOL PRESS, President Wisconsin Conference American Association of University Professors Attorney General of Wisconsin — Opinion February 23, 1977. Anti-Secrecy; Ballots, Collective Bargaining; Elections, Open Meeting; Public Officials, Regents, Board Of; Salaries And Wages, State University System; University, Votes And Voting; University subunit may discuss promotions not relating to tenure, merit increases and property purchase […]

ANTHONY S. EARL, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion February 17, 1978. Agriculture, State Department Of; Compatibility; Natural Resources, Department Of; Officers And Offices; Public Officials; Position of State Director of the Farmers Home Administration is probably an “office of profit or trust under the United States” as that term […]

DR. HERBERT J. GROVER, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion March 14, 1985 Schools And School Districts; A school district has no power to transfer gift and grant moneys received by the district under section 118.27, Stats., to a nonprofit, nonstock, section 501(c)(3) corporation, which would manage the moneys […]

MORRIS SLAVNEY, Chairman Wisconsin Employment Relations Commission Attorney General of Wisconsin — Opinion July 10, 1979. Open Meeting; Wisconsin Employment Relations Commission; Words And Phrases; Application of subch. IV, ch. 19, Stats. (1975), to subchs. I, III, IV and V of ch. 111, Stats., discussed in relation to duties of the Wisconsin Employment Relations Commission. […]

GARY E. ROHDE, Secretary, Department of Agriculture Attorney General of Wisconsin — Opinion December 31, 1975. Agriculture, State Department Of; Dairy, Food And Drugs; When the Department of Agriculture is presented with a petition for the adoption of a proposed milk marketing order under sec. 96.21, Stats., it is required to submit the proposed order […]

THOMAS LOFTUS, Chairperson Committee on Assembly Organization Attorney General of Wisconsin — Opinion January 30, 1985 Confidential Reports; Public Records; Relationship between the public records law and pledges of confidentiality in settlement agreements discussed. BRONSON C. La FOLLETTE, Attorney General THOMAS LOFTUS, Chairperson Committee on Assembly Organization The Committee on Assembly Organization has asked me […]

LINDA REIVITZ, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion November 28, 1983 Health And Social Services, Department Of; Water Pollution; The Department of Health and Social Services may not establish rules which regulate radioactive air emissions and water discharges from facilities regulated by the United States Nuclear Regulatory Commission […]

DENNIS G. MONTABON, District Attorney Lincoln County Attorney General of Wisconsin — Opinion April 29, 1974 County Highway Committee; County Board; Counties; Section 83.015, Stats., does not preclude county boards from auditing county highway committee vouchers prior to payment thereof from county Page 137 funds. However, the board’s audit authority is limited to determining whether […]

ALDWIN H. SEEFELDT, Corporation Counsel, Washington County. Attorney General of Wisconsin — Opinion. June 23, 1972. Ordinances — Plat Subdivision Regulation — Where subdivision regulations, adopted under sec. 236.45, Stats., conflict, a plat must comply with the most restrictive requirement, sec. 236.13 (4), Stats. ROBERT W. WARREN, Attorney General ALDWIN H. SEEFELDT, Corporation Counsel, Washington […]

JAMES R. KLAUSER, Chairman State Elections Board Attorney General of Wisconsin — Opinion February 17, 1976 Advertising; Corporations; The prohibition against corporate political contributions and disbursements in sec. 11.38, Stats., is broad and probably would bar, in most cases, purchases of advertising by a corporation in a political party publication. But the bar is not […]

THOMAS A. SCHROEDER, Corporation Counsel Rock County Attorney General of Wisconsin — Opinion June 1, 1984 MEDICAL AID; NURSING HOMES; PUBLIC ASSISTANCE; A county health facility may not charge for non-medical assistance services given to medical assistance patients in excess of medical assistance rates without violating section 49.49, Stats. BRONSON C. La FOLLETTE, Attorney General […]

DANIEL G. SMITH, Acting Secretary, Department of Revenue. Attorney General of Wisconsin — Opinion. February 25, 1971. Inheritance Tax — Public Administrator — (Informal) — County may not charge to state’s share of inheritance tax revenues the cost of fringe benefits for public administrator, under sec. 72.19, Stats. ROBERT W. WARREN, Attorney General DANIEL G. […]

PHILIP E. LERMAN, Chairman, Department of Industry Labor and Human Relations. Attorney General of Wisconsin — Opinion. February 27, 1973. Salaries and Wages — Labor — Sections 104.01 to 104.12, Stats., inclusive, known as the minimum wage law, do not apply to the state or its political subdivisions as employers. ROBERT W. WARREN, Attorney General […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion September 13, 1988 Funeral Directors And Embalmers; Licenses And Permits; Physicians And Surgeons; Special training is required of medical personnel as well as morticians before they perform eye enucleation. DONALD J. HANAWAY, Attorney General FRED A. RISSER, Chairperson Senate Organization Committee The […]

MANUEL CARBALLO, Secretary, Department of Health and Social Services Attorney General of Wisconsin — Opinion August 5, 1976. Drugs; Pharmacy; Health; Health And Social Services; Department Of; The provisions of ch. 168, Laws of 1975, allow only limited substitution of prescribed drugs through a formulary. BRONSON C. La FOLLETTE, Attorney General MANUEL CARBALLO, Secretary, Department […]

GEORGE H. HANDY, M.D., State Health Officer. Attorney General of Wisconsin — Opinion. June 7, 1971. Sanitation Systems — Plumbing — (Informal) — Counties must secure approval of State Division of Health before engaging in private experimental sanitation systems. Citizen committees appointed by the county board may not engage in plumbing. ROBERT W. WARREN, Attorney […]

Mr. R. Roth Judd Attorney General of Wisconsin — Opinion November 3, 1993 The Ethics Board cannot extend the date by which a candidate for state public office must file a statement of economic interests and cannot waive the filing requirement. JAMES E. DOYLE, Attorney General Mr. R. Roth Judd Executive Director Ethics Board 44 […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion February 21, 1979. Waters; The Department of Natural Resources has authority under state law to issue Wisconsin Pollution Discharge Elimination System permits to federal agencies pursuant to ch. 147, Stats. A federal agency or any officer, agent or employe thereof responsible […]

JAMES WENDLAND, District Attorney Dunn County Attorney General of Wisconsin — Opinion July 18, 1977. Bids And Bidders; Counties; County Highway Committee; Highways; Highways And Bridges; Land; Public Works; Sales; Land acquired in name of a county by its county highway committee for use as gravel pit can be sold by the county board, when […]

JOHN J. HOGAN, District Attorney Oneida County Attorney General of Wisconsin — Opinion April 10, 1980. Compatibility; Towns; Offices of commissioner of town sanitary district having territory within three towns, and supervisor of the town board of town having largest assessed valuation of taxable property of such district, are incompatible where the town board also […]

THE HONORABLE, THE SENATE. Attorney General of Wisconsin — Opinion. June 5, 1973. Pollution — Assembly Bill 128 which is designed to create a system of state discharge permits congruent with the National Pollutant Discharge Elimination System created by the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) cannot be amended to tie […]

TOM LOFTUS, Chairperson, Assembly Organization Committee Attorney General of Wisconsin — Opinion March 8, 1990 Schools And School Districts; Taxation; Pursuant to section 120.12 (3), Stats., the school board of a common or union high school district has the ultimate authority to determine the tax levy for the operation and maintenance of the schools in […]

ED JACKAMONIS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion August 8, 1979. Constitutionality; Elections; 1979 AB 353, requiring candidates for the Legislature to declare whether they will receive a lower salary, conflicts with election bribery laws, sec. 12.11, Stats. Further, if enacted, it would violate the constitutional principle that the Legislature cannot […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion April 29, 1988 County Executive; Waste Management; In counties with a population of less than 500,000 having a county executive, a solid waste management board established by the county board pursuant to section 59.07 (135), Stats., is restricted to performing advisory, policy-making […]

DR. BARBARA THOMPSON, State Superintendent, Department of Public Instruction Attorney General of Wisconsin — Opinion April 29, 1977. Aid; Education; Public Instruction, Superintendent Of; Schools And School Districts; State Aid; Teachers; Section 121.17 (1) (a), Stats., vests discretion in the state superintendent to withhold state aid from a school district operating under ch. 119, Stats., […]

C.F. HURC, P.E., Secretary, Examining Board of Architects, Professional Engineers, Designers and Land Surveyors Attorney General of Wisconsin — Opinion April 8, 1977. Counties; County Board; County Surveyor; Ordinances; Public Lands; Register Of Deeds; Surveys; Towns; Requirements for relocating, establishing and perpetuation of the corners of the survey of the public lands discussed. Section 60.38, […]

GEORGE H. HANDY, M.D., State Health Officer Department of Health and Social Services Attorney General of Wisconsin — Opinion April 13, 1976 Municipalities; Schools And School Districts; A City Health Department may inspect and license public school lunchrooms pursuant to a specific ordinance even though sec. 160.01 (3), precludes public school lunchrooms from regulation as […]

MORGAN R. BUTLER, III, Corporation Counsel Ozaukee County Attorney General of Wisconsin — Opinion February 27, 1987 Children; Courts; Marriage And Divorce, The family court commissioner represents the public interest and does not act as an advocate for the party benefited when he brings a remedial contempt proceeding to enforce an existing order or judgment […]

CHARLES M. HILL, SR., Secretary, Department of Local Affairs Development. Attorney General of Wisconsin — Opinion. September 17, 1973. Civil Defense — Workmen’s Compensation — A disaster training exercise is covered employment for workmen’s compensation purposes under sec. 22.16 (9) (d), Stats. Pursuant to that provision, a person remains the employe of his or her […]

WILLIAM D. BUSSEY, District Attorney Bayfield County Attorney General of Wisconsin — Opinion June 9, 1983 Public Welfare; County child support agencies can initiate actions to compel support under section 767.08 (2), Stats., without the payment of a filing fee. BRONSON C. La FOLLETTE, Attorney General WILLIAM D. BUSSEY, District Attorney Bayfield County You have […]