Category: Wisconsin Attorney General Opinions

LAVERNE MICHALAK, District Attorney Trempealeau County Attorney General of Wisconsin — Opinion March 9, 1983 Court Commissioner; Non-lawyer court reporters cannot be delegated power to issue criminal warrants and conduct initial appearances pursuant to section 757.69 (1)(b), Stats. BRONSON C. La FOLLETTE, Attorney General LAVERNE MICHALAK, District Attorney Trempealeau County You request my opinion regarding […]

RAY A. SUNDET, Corporation Counsel, La Crosse County. Attorney General of Wisconsin — Opinion. August 17, 1972. Family Court Commissioner — Fees — Family court commissioner is without authority to charge $15 fee to hear order to show cause in domestic relations case. ROBERT W. WARREN, Attorney General RAY A. SUNDET, Corporation Counsel, La Crosse […]

THE HONORABLE, THE SENATE. Attorney General of Wisconsin — Opinion. June 21, 1971. Labor/Management Relations — Appropriation Bill — (Formal) — Any law resulting from Assembly Bill 210 would probably be constitutional. Article VIII, sec. 8, Wis. Const., discussed. ROBERT W. WARREN, Attorney General THE HONORABLE, THE SENATE By Senate Resolution 12 you have requested […]

TOMMY G. THOMPSON, Governor State of Wisconsin Attorney General of Wisconsin — Opinion September 16, 1988 Coroner; Cremation; Health And Social Services, Department Of; Chapters 69 and 157, Stats., are not alternatives to the requirement in section 979.10 that anyone cremating a corpse first obtain a cremation permit from the coroner. University medical schools or […]

R.M. GONYO, District Attorney, Green Lake County. Attorney General of Wisconsin — Opinion. November 13, 1973. Real Estate — Criminal Law — Taxation — Section 77.27, Stats., is violated when value is intentionally falsified on a Wisconsin Real Estate Transfer Return. Falsely declaring a transfer as a sale when it is in fact a gift […]

JOHN F. TRUBY, District Attorney Sauk County Attorney General of Wisconsin — Opinion August 2, 1989 Indians; Law Enforcement; Winnebago Tribe; Words And Phrases; Discussion of state, county and tribal jurisdiction to regulate traffic on streets in housing projects that have been built and are maintained by the Winnebago Tribe on tribal lands. DONALD J. […]

VIRGINIA B. HART, Chairman Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion September 26, 1975 Municipalities; Salaries And Wages; Turnkey construction may be used for the construction of public works projects unless another method expressly is required. Municipalities are subject to sec. 66.293 (3), Stats., the prevailing wage law, on […]

DIANNE GREENLEY Wisconsin Coalition for Advocacy Attorney General of Wisconsin — Opinion May 11, 1988 Public Records; Words And Phrases; Treatment of drafts under the public records law discussed. DONALD J. HANAWAY, Attorney General DIANNE GREENLEY Wisconsin Coalition for Advocacy Pursuant to section 19.39, Stats., you ask my advice on the applicability of the public […]

MARY ANN WOODKE, Executive Secretary Public Records and Forms Board Attorney General of Wisconsin — Opinion October 4, 1983 Public Records; Schools And School Districts; A written notice and request for transfer of pupil records under section 118.125(4), Stats., is both a pupil record and public record which must be maintained for at least five […]

DANIEL G. GOLDEN, District Attorney Portage County Attorney General of Wisconsin — Opinion February 25, 1976 Public Records; Register of Deeds; Register of deeds can deny public access to so-called confidential portions of certificates of marriages and fetal deaths only on a case-by-case basis and specific reasons must be given in each case. That portion […]

DENNIS E. KENEALY, Corporation Counsel Ozaukee County Attorney General of Wisconsin — Opinion October 8, 1990 Counties; District Attorney; Counties are not required to pay the bar dues of district attorneys and assistant district attorneys serving the county. However, a district attorney or assistant district attorney may elect under section 978.12 (6), Stats., to retain […]

Mr. George E. Meyer Attorney General of Wisconsin — Opinion June 30, 1993 The Department of Natural Resources (DNR) is not subject to local zoning ordinances with respect to its construction of any building, structure or facility whose purpose is to assure the general public access to outdoor recreational areas, rather than to facilitate the […]

GERALD K. ANDERSON, District Attorney, Waupaca County Attorney General of Wisconsin — Opinion January 25, 1978. Blood Tests; Police; Public Records; Sheriffs; Sheriff’s radio log, intradepartmental documents kept by sheriff and blood test records of deceased automobile drivers in hands of sheriff are public records subject to inspection and copying under sec. 19.21 (2), Stats., […]

OWEN R. WILLIAMS, District Attorney, St. Croix County Attorney General of Wisconsin — Opinion November 25, 1974. Counties; Sheriffs; County, with cooperation of sheriff and county board, may join with other counties to share services of deputy sheriffs in narcotics investigations within limits of secs. 59.24 (2), 66.305, 66.315, Stats. VICTOR A. MILLER, Attorney General […]

THE HONORABLE, THE SENATE Attorney General of Wisconsin — Opinion January 8, 1974. Taxation; 1973 Senate Bill 36, which creates sec. 70.985, providing for a tax on all known commercially feasible low-grade iron ore reserve deposits in Wisconsin, would appear to violate the uniformity of taxation provisions of Art. VIII, sec. 1, Wis. Const., and […]

PATRICK J. LUCEY, Governor Attorney General of Wisconsin — Opinion February 4, 1977. Public Officials, Expenses; Per Diems: Salaries And Wages; Officers And Offices; Vacancies; Governor; Status of appointees to newly created state offices discussed. Appointments to such offices do not fill vacancies. Persons entering into the duties of such offices may become de facto […]

TIM CULLEN, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion February 25, 1987 Federal Aid; Health And Social Services, Department Of; The Department of Health and Social Services cannot reobligate refunds of federal block grant monies received after the federally mandated time for closing the grant year. DONALD J. HANAWAY, […]

TERRY REBHOLZ, Deputy Assistant District Attorney, Waupaca County. Attorney General of Wisconsin — Opinion. September 14, 1973. Criminal Law — Law Enforcement — A bench warrant issued under sec. 968.09, Stats., may be directed to all law enforcement officers in the state without regard to whether the defendant is charged with violation of a state […]

FRED A. RISSER, Chairperson, Senate Organization Committee Attorney General of Wisconsin — Opinion December 20, 1978. Attorneys; Judges; Legislature; Public Officials; Section 2 of 1977 Senate Resolution 14 which, if adopted, would create senate rule 73 (1)(b), prohibiting members who are attorneys from voting on bills creating additional judgeships or pay raises or retirement benefits […]

LARRY L. JESKE, Corporation Counsel Oconto County Attorney General of Wisconsin — Opinion March 6, 1974. Clerk of Courts; Section 59.42 (14), Stats., would not permit clerk of courts to temporarily invest money being held pending court appearance and trial in connection with traffic and municipal ordinance violations. ROBERT W. WARREN, Attorney General LARRY L. […]

EDWARD A. WIEGNER, Secretary, Department of Revenue. Attorney General of Wisconsin — Opinion. March 5, 1973. Taxation — Mill rate limitations on local taxing authorities provided in secs. 60.18 (1), 61.46 (1), 62.12 (4) and 65.07 (1)(a) and (f), Wis. Stats., apply to assessed values which do not exceed full values. ROBERT W. WARREN, Attorney […]

A.W. PONATH, Acting Corporation Counsel, Outagamie County. Attorney General of Wisconsin — Opinion. May 25, 1971. Public Defenders — Indigent Defendants — (Informal) — County board may retain, at monthly salaries, attorneys to represent indigent defendants. ROBERT W. WARREN, Attorney General A.W. PONATH, Acting Corporation Counsel, Outagamie County You have requested the informal advice of […]

S.C. SYVERUD, D.C. Chiropractic Examining Board Attorney General of Wisconsin — Opinion October 22, 1979 Chiropractors; Physicians And Surgeons; The Medical Practices Act, ch. 448, Stats., permits a physician, subject to certain limitations, to advise a patient whether or not continued chiropractic care is necessary, and the giving of such advice while it may technically […]

WILLIAM A. J. DRENGLER, Corporation Counsel Marathon County Attorney General of Wisconsin — Opinion August 12, 1992 Law Enforcement; Prisons And Prisoners; Sheriffs; Pursuant to section 51.20 (14), Stats., the director of the county department under section 51.42 or 51.437 may request the sheriff of the county in which an individual was placed under emergency […]

ROBERT D. HAASE, Commissioner Office of the Commissioner of Insurance Attorney General of Wisconsin — Opinion July 28, 1992 Insurance; Insurance; Commissioner Of; Words And Phrases; The Commissioner of Insurance lacks the authority to regulate administrators of self-funded or self-insured employe benefit plans under section 3516r of 1991 Wisconsin Act 39 (the budget bill) since […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion November 8, 1985 County Board; County board’s power to delegate authority concerning property transactions to its committees discussed. Page 228 BRONSON C. La FOLLETTE, Attorney General DARWIN L. ZWIEG, District Attorney Clark County You ask three questions relating to the authority of […]

ROBERT D. ZAPF, District Attorney Kenosha County Attorney General of Wisconsin — Opinion May 19, 1983 Public Defenders; The state public defender has the authority to represent indigent material witnesses who are subject to the section 969.01 (3), Stats., bail provisions so long as this does not create a conflict of interest with another client, […]

PATRICK J. LUCEY, Governor of Wisconsin. Attorney General of Wisconsin — Opinion. December 31, 1971. Retirement Fund — Liberalized Benefits — (Formal) — Increased benefits to State employes and teachers retiring between the effective dates of Assembly Bill 1009 and Senate Bills 503 and 526 are not in violation of Art. IV, sec. 26, Page […]

THOMAS LOFTUS, Chairperson Assembly Committee on Organization Attorney General of Wisconsin — Opinion June 13, 1985 Retirement Systems; Taxation; Taxation of certain public employe pensions may impair contracts in violation of the state and federal constitutions. Page 101 BRONSON C. La FOLLETTE, Attorney General THOMAS LOFTUS, Chairperson Assembly Committee on Organization You have asked for […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion August 5, 1975 Schools And School Districts; Chapter 307, Laws of 1973, creating sec. 118.255, Stats., authorizes local school districts to provide health and welfare services, but not educational services, to students attending private schools. However, that act may be […]

ERIC JOHNSON, District Attorney St. Croix County Attorney General of Wisconsin — Opinion August 15, 1989 Administrative Code; Prisons And Prisoners; Public Defenders; The state public defender may be denied access to jail inmates who have not requested counsel, and jail authorities need only provide over the telephone that information necessary for the public defender […]

RODNEY A. ZEMKE, District Attorney Eau Claire County Attorney General of Wisconsin — Opinion November 2, 1976. University; Students; Elections; Administrative Code; Campuses of the University of Wisconsin System have no present authority to regulate political canvassing in university-owned dormitories which does not involve the solicitation of monetary contributions. BRONSON C. La FOLLETTE, Attorney General […]

HOWARD I. BERNSTEIN, General Counsel Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion March 25, 1986 Licenses and Permits; Municipalities; Words and Phrases; Under section 66.036, Stats., additions to, and the remodeling of, structures require an on-site inspection of the existing private sewage system before a building permit may be […]

LINDA REIVITZ, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion February 17, 1984 PUBLIC RECORDS; TAXATION; Fees charged for furnishing copies of public records are subject to sales tax. Fees charged for records searches and for certifying copies of records are not subject to sales tax. BRONSON C. La FOLLETTE, […]

LLOYD J. PAUST, City Attorney, Columbus Attorney General of Wisconsin — Opinion April 4, 1977. Anti-Secrecy; Open Meeting; Newspapers; Where a governmental body has convened in open session on proper notice, it can convene in closed session for proper purposes to discuss an element of subject matter for which the meeting was called, and which […]

ERNEST C. KEPPLER, Chairman, Committee on Senate Organization Attorney General of Wisconsin — Opinion August 21, 1974. Governor; Governor’s veto of inseparable part of section 3 of Senate Bill 598 constitutes an objection to all of section 3 within the meaning of Art. V, sec. 10, Wis. Const., and the entire section 3 is returned […]

NORMAN M. CLAPP, Secretary, Department of Transportation. Attorney General of Wisconsin — Opinion. June 11, 1971. Replacement Housing — Transportation — (Informal) — The Secretary of the Department of Transportation, while acting as agent for airport sponsors, pursuant to sec. 114.32, Stats., can give the required assurance to the Federal Aviation Administration and provide replacement […]

JAMES A. BOTTONI, JR., Corporation Counsel, Washington County Attorney General of Wisconsin — Opinion June 19, 1974. Land; Section 236.36, Stats., permits the replat of a part of a previously recorded subdivision plat, without circuit court action, where the only areas dedicated to the public in that portion of the original subdivision being replatted, were […]

RICHARD L. HAMILTON, Corporation Counsel Outagamie County Attorney General of Wisconsin — Opinion October 27, 1988 Counties; Federal Aid; Medicaid; A county may not, in a manner consistent with federal and state statutes and regulations prohibiting supplementation, contractually obligate itself to pay a visiting nurse association funds in addition to those received by such a […]

WAYNE F. MCGOWN, Deputy Secretary, Department of Administration Attorney General of Wisconsin — Opinion August 15, 1974. Administration, Department Of; Public Records; Department of Administration probably has authority under sec. 19.21 (1), (2), Stats., to provide private corporation with camera-ready copy which is product of printout of computer stored public records if costs are minimal. […]

MATTHEW F. ANICH, Corporation Counsel Ashland County, DAVID B. DEDA, Corporation Counsel Price County Attorney General of Wisconsin — Opinion March 26, 1991 Counties; County Human Services Board; Words And Phrases; Under section 46.23(4)(a)1., Stats., officers, employes and directors of public or private entities that furnish “human services” to a county may not be appointed […]

WILBUR J. SCHMIDT, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion May 21, 1974 Public Welfare, Department Of; Probation And Parole; When required by the right effectively to present a defense, the Department of Health and Social Services, having authority to do so, in the exercise of sound discretion must […]

DONALD E. PERCY, Secretary Division of Corrections Department of Health and Social Services Attorney General of Wisconsin — Opinion September 15, 1978. Health And Social Services, Department Of; Prisons And Prisoners; Statistics; Department of Health and Social Services has power to compel cooperation of county and local officers in obtaining jail information. Sec. 46.16, Stats. […]

DANIEL J. MIRON, District Attorney, Marinette County Attorney General of Wisconsin — Opinion October 3, 1974. Open Meeting; Governmental body can call closed session for proper purpose without giving notice to members of news media who have filed written request under sec. 66.77 (2) (e), Stats. ROBERT W. WARREN, Attorney General DANIEL J. MIRON, District […]

EDWIN M. WILKIE, Administrative Director of Courts Supreme Court Attorney General of Wisconsin — Opinion January 22, 1979. Garnishment; Statutes; Sections 812.04 (1) and 814.21 (1)(a), Stats., concerning suit tax in small claims garnishment actions, construed as conflicting. Because tax cannot be imposed without clear statutory authority, lower suit tax in sec. 812.04 (1), Stats., […]

CHARLES M. HILL, SR., Secretary Department of Local Affairs Development. Attorney General of Wisconsin — Opinion. August 20, 1971. Cooperative Planning — Municipalities — (Formal) — Cooperative planning among municipalities allowed by sec. 66.30, Stats., includes only planning collateral to the organization, implementation and administration of specific projects; authority for general multi-jurisdictional planning is found […]

JUDITH A. TEMBY, Secretary Board of Regents of the University of Wisconsin System Attorney General of Wisconsin — Opinion August 9, 1988 Lobbying; Public Officials; State; University; The lobby law prohibits a state employe from accepting compensation for serving on the board of directors or providing any other service to a principal as defined in […]

TOM LOFTUS, Chairperson Committee on Assembly Organization Attorney General of Wisconsin — Opinion July 1, 1986 Administrative Code; Constitutional Law; Religion; Transportation, Department of; The administrative rule of the Department of Transportation granting an exemption on religious grounds from the photograph-taking requirement of sections 343.17 (2) and 343.14 (3), Stats., is violative of the first […]

TIMOTHY F. CULLEN, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion March 8, 1985 Open Meeting; Public Records; Radio; Television; Open meetings and public records laws are not applicable to independently created and independently operated non-stock, non-profit “friends” corporations organized to provide financial and other support to radio and television stations licensed to […]

GERALD K. ANDERSON, District Attorney, Waupaca County Attorney General of Wisconsin — Opinion October 7, 1974. Open Meeting; Meaning of “communication” in sec. 66.77 (2) (e), Stats., the open meeting law, discussed with reference to giving the public and news media members adequate notice. ROBERT W. WARREN, Attorney General GERALD K. ANDERSON, District Attorney, Waupaca […]

JAMES A. BOTTONI, JR., Corporation Counsel, Washington County Attorney General of Wisconsin — Opinion August 20, 1974. Counties; Parks; An agreement to purchase park land whereby a county is to make deferred payments from an existing nonlapsing account (sufficient to cover the entire obligation) secured by mortgaging the property to the grantor, would not create […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion October 24, 1988 Forest Crop Law; Forests; Municipalities; Words And Phrases; Although public tax-exempt entities such as municipalities may neither enter nor continue their lands in the forest tax programs of chapter 77, Stats., private entities whose property would otherwise normally […]

MARK HAZELBAKER, Corporation Counsel Manitowoc County Attorney General of Wisconsin — Opinion August 5, 1988 Uniform Durable Power of Attorney Act; Section 243.07, Stats., the Uniform Durable Power of Attorney Act, can permit an attorney-in-fact to make medical decisions but cannot be used to place someone in a nursing home or to avoid the other […]

L.P. VOIGT, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion September 10, 1974. Towns; A town board not operating a sewage system cannot make special assessments on property located within the corporate limits of the town but outside the corporate limits of a town sanitary district for benefits claimed to accrue from […]

MARK E. MUSOLF, Secretary Department of Revenue Attorney General of Wisconsin — Opinion December 21, 1981. Franchises; Intoxicating Liquors, Words And Phrases; Intoxicating liquors; wholesale permittees; franchise sales area statements; price discrimination. Section 176.05(1a)(b), Stats., does not prohibit a wholesaler from selling intoxicating liquor to a retailer located outside the area described in the area […]

LEO W. MACK, District Attorney Winnebago County Attorney General of Wisconsin — Opinion October 28, 1976. Anti-Secrecy; Open Meeting; Municipalities; Public Utilities; A municipal public utility commission managing a city owned public electric utility is a governmental body under sec. 19.82 (1), Stats., and its meetings are subject to secs. 19.81–19.98, Stats. BRONSON C. La […]

PATRICK J. FARAGHER, Corporation Counsel Washington County Attorney General of Wisconsin — Opinion January 23, 1989 Civil Service; Employer, and Employe; Public Officials; Sheriffs; When section 63.065, Stats., permits a person to return from approved leave of absence to classified service without loss of seniority, the statute means that the person is treated for seniority […]

FRED A. RISSER, President Wisconsin State Senate Attorney General of Wisconsin — Opinion JULY 9, 1980. Intoxicating Liquors; Words And Phrases; It is not illegal, under sec. 176.07, Stats., to allow the carry-out of an intoxicating liquor from a “Class B” licensed premises between 12 midnight and 8 a.m. if the sale of the liquor […]

ERICH MILDENBERG, Commissioner Office of Commissioner of Banking Attorney General of Wisconsin — Opinion May 9, 1980. Collection Agencies; Words And Phrases; Section 218.04, Stats., requirement that a foreign collection agency maintain a Wisconsin office with records may not violate the commerce clause, U.S. Const. art. I, sec. 8. BRONSON C. La FOLLETTE, Attorney General […]

GEORGE F. POTARACKE, Executive Director Board on Aging and Long Term Care Attorney General of Wisconsin — Opinion March 7, 1986 Health and Social Services, Department of; Medicaid; Nursing Homes; Discussion of federal and state law regarding the practice of requiring a prospective nursing home resident to forego medical assistance benefits for a stated period […]

GERALD C. NICHOL, District Attorney, Dane County. Attorney General of Wisconsin — Opinion. April 1, 1971. Real Estate Broker’s License — Tenants Union — (Informal) — Actions of tenants union on behalf of members may require license as real estate broker. ROBERT W. WARREN, Attorney General GERALD C. NICHOL, District Attorney, Dane County Your predecessor […]

PHILLIP E. LERMAN, Chairman, Department of Industry, Labor and Human Relations. Attorney General of Wisconsin — Opinion. April 21, 1972. Home Base Parking — Use Of Personal Auto — It is incumbent upon each appointing officer to establish strict guidelines in setting the use of an automobile as a condition of employment. Page 211 You […]

HOMER C. MITTELSTADT, Corporation Counsel, Eau Claire County. Attorney General of Wisconsin — Opinion. April 26, 1973. Contracts — Fire — A city probably can contract with a county to provide fire protection to a county institution located outside of boundaries of said city. ROBERT W. WARREN, Attorney General HOMER C. MITTELSTADT, Corporation Counsel, Eau […]

JOHN R. MOSES, Secretary, Department of Veterans Affairs. Attorney General of Wisconsin — Opinion. March 21, 1973. Veterans — In making housing loans under sec. 45.352, Stats., the department may rely on fixed standards as to the applicant’s needs. Page 67 When applications on hand exceed available funds, loans should be made to the most […]

JOHN W. SLABY, Corporation Counsel, Price County Attorney General of Wisconsin — Opinion April 4, 1990 Land; Mineral Rights; Under section 706.057, Stats., owner of the surface of land under which mineral rights have lapsed must record a claim to the lapsed mineral rights in order to foreclose separate mineral rights owner from curing the […]

GARY I. GATES, Secretary Department of Employe Trust Funds Attorney General of Wisconsin — Opinion February 19, 1992 Legislation; Wisconsin Retirement System; Words And Phrases; Section 1148m of 1991 Wisconsin Act 39 does not violate article IV, sections 18 or 31 of the Wisconsin Constitution. JAMES E. DOYLE, Attorney General GARY I. GATES, Secretary Department […]

PHILIP E. LERMAN, Chairman, Department of Industry, Labor and Human Relations. Attorney General of Wisconsin — Opinion. November 21, 1973. Labor — Industry, Labor and Human Relations, Department of — Under the Neighborhood Youth Corps program authorized by Title I-B of the Economic Opportunity Act of 1964 (42 U.S.C. §§ 2701-2994d), all enrollees of this […]

PATRICK J. FARAGHER, Corporation Counsel Washington County Attorney General of Wisconsin — Opinion September 14, 1989 Law Enforcement; Police; Prisons And Prisoners; Section 165.85 (4)(b)2., Stats., does not preclude the temporary assignment of uncertified persons to fill in as jail officers when necessary as a result of sickness, vacations or scheduling conflicts. DONALD J. HANAWAY, […]

A.R. HANSON, Corporation Counsel Shawano County Attorney General of Wisconsin — Opinion November 18, 1988 Compatibility; Coroner; Indians; Menominee Indians; The positions of county coroner and tribal police officer are incompatible governmental positions but the positions of deputy county coroner and tribal conservation warden are not incompatible. DONALD J. HANAWAY, Attorney General A.R. HANSON, Corporation […]

ANTON J. MOE, Executive Director Wisconsin Educational Communications Board Attorney General of Wisconsin — Opinion September 21, 1981. Educational Communications Board, Wisconsin; Funds; Under sec. 20.906(1), Stats., it would not be unlawful for Friends to hold funds for the ECB that were solicited through use of ECB facilities and resources. The ECB has statutory authority […]

GEORGE H. AUSTIN, Executive Director Investment Board Attorney General of Wisconsin — Opinion May 26, 1976 Investment Board, Wisconsin; Real Estate; Street Improvement; State Investment Board has the authority to voluntarily contribute money to a private improvement association for street improvements, if the improvements will directly benefit the board’s property. BRONSON C. La FOLLETTE, Attorney […]

DONALD A. POPPY, District Attorney, Calumet County Attorney General of Wisconsin — Opinion June 3, 1977. Hotels, Boarding Houses And Restaurants; Intoxicating Liquors; Licenses And Permits; Sales; Statutes; Where a licensed class “B” retailer of fermented malt beverages also conducts a restaurant business on the premises, sec. 66.054 (8) (a), Stats., does not operate to […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion March 23, 1981. Cities; Home Rule; Libraries; Villages; Municipal libraries are a matter of paramount local concern as opposed to a statewide concern and are subject to otherwise constitutionally legal local legislative enactments under the home-rule provisions of the state […]

EUNICE GIBSON, Chairperson State Personnel Board Attorney General of Wisconsin — Opinion August 1, 1979. Civil Service; Personnel Board; Salaries And Wages; The Personnel Board may not approve the assignment of a classification in the clerical occupational group to a lower pay range than the pay range to which a classification in a different occupational […]

PAUL D. LAWENT, Corporation Counsel, Marathon County. Attorney General of Wisconsin — Opinion. March 17, 1972. County Elected Officials — Step-Salary Plan — County board may not adopt step-salary plan for elective offices related to experience of officeholder as compensation is for office, and officer is entitled thereto as incident of office. ROBERT W. WARREN, […]

ROBERT P. RUSSELL, Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion March 20, 1979. District Attorney; Under sec. 55.06 (1) (c), Stats., the duty of corporation counsel is to assist the court and not to act as counsel for private parties petitioning. Under sec. 55.06 (9)(a), Stats., court should order protective placement in […]

FRANK A. MEYERS, Administrator Department of Justice Attorney General of Wisconsin — Opinion January 4, 1974. Weights And Measures; Licenses And Permits; Retail Class “B” beer and liquor licensed premises close at 1:00 a.m., Central Emergency Daylight Saving Time. ROBERT W. WARREN, Attorney General FRANK A. MEYERS, Administrator Department of Justice You have asked my […]

ED JACKAMONIS, Speaker Wisconsin State Assembly Attorney General of Wisconsin — Opinion November 14, 1980 Fire Department; Milwaukee, City Of; Ordinances; Police; Retirement Systems; The City of Milwaukee has the authority to set a mandatory retirement age for its police and fire chiefs by charter ordinance within the guidelines of the United States Age Discrimination […]

RICHARD FLINTROP, Executive Director Council on Criminal Justice Attorney General of Wisconsin — Opinion February 7, 1985 Criminal Justice; Wisconsin Council On; Juvenile Court; Minors; The Wisconsin Council on Criminal Justice may have access to the law enforcement and social service files of Wisconsin juveniles without a court order. It may not have access to […]

ROBERT W. WINTER, JR., Assistant Director, Board of Regents of State Universities. Attorney General of Wisconsin — Opinion. January 18, 1971. Mobile Home Park — State University — (Informal) — State University is not subject to local licensing in the operation of a University mobile home park under sec. 66.058, Stats. ROBERT W. WARREN, Attorney […]

WAYNE F. MCGOWN, Deputy Secretary, Department of Administration Attorney General of Wisconsin — Opinion September 10, 1974. Legislation; Article VII, sec. 21, Wis. Const., requires full text publication of all general laws, and publication of an abstract or synopsis of such laws would not be sufficient under the Constitution. Methods other than newspaper publication, under […]

JAMES M. LA POINTE, District Attorney, Ozaukee County. Attorney General of Wisconsin — Opinion. June 15, 1972. Municipal Police — Arrest Warrants — Municipal police may arrest and detain a person for whom another municipality in another county has issued a civil arrest warrant. ROBERT W. WARREN, Attorney General JAMES M. LA POINTE, District Attorney, […]

JOHN D. OSINGA, District Attorney Portage County Attorney General of Wisconsin — Opinion August 8, 1985 County Board, Public Officials, A county board supervisor elected at the 1984 Spring election who moved from such district in the Fall of 1984 vacated his office even though he continued to reside in the same county because 1983 […]

LAWRENCE R. NASH, Corporation Counsel, Wood County. Attorney General of Wisconsin — Opinion. June 30, 1971. County Board Committee — Snowmobile Trail Planning — (Informal) — County board committee can plan and coordinate need for planning trails for snowmobiles, bicycles, hiking, motorbikes, etc. Page 260 ROBERT W. WARREN, Attorney General LAWRENCE R. NASH, Corporation Counsel, […]

WALTER KUNICKI, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion December 18, 1992 Counties; County Board; Land; A county board may not give land to a private corporation. The adequacy as consideration for the conveyance of land of a promise by a private corporation to build and operate a factory on the land […]

KARL W. MARQUARDT, Executive Secretary, Pharmacy Examining Board Attorney General of Wisconsin — Opinion September 3, 1974. Drugs; Physicians And Surgeons; The practice of dispensing drugs, medicines, or other articles by physicians’ office personnel permitted by 41 OAG 23 (1952) within the purview of sec. 450.04 (3), Stats., is not in violation of sec. 450.04 […]

CAL W. KORNSTEDT, Corporation Counsel, Dane County Attorney General of Wisconsin — Opinion April 24, 1990 Counties; Public Works; A county has no statutory authority to award contracts only to unionized contractors. Federal preemption rules probably foreclose the exercise of such authority in any event. Further, federal preemption rules foreclose denying contracts to employers engaged […]

JACK E. JOYCE, Assistant District Attorney Dunn County Attorney General of Wisconsin — Opinion April 26, 1974 County Board; Highways; Section 83.025 (1), Stats., as amended by ch. 160, Laws of 1973, does not require counties to develop a functional and jurisdictional classification of highways. Nor is a properly approved classification plan a prerequisite to […]

ROBERT W. WINTER, JR., Assistant Director-Business Finance, Wisconsin State Universities System. Attorney General of Wisconsin — Opinion. February 18, 1972. Resident Tuition — Students — Various questions discussed relating to eligibility for resident tuition at the University of Wisconsin. ROBERT W. WARREN, Attorney General ROBERT W. WINTER, JR., Assistant Director-Business Finance, Wisconsin State Universities System […]

CHARLES P. SMITH, State Treasurer. Attorney General of Wisconsin — Opinion. February 23, 1973. County Judge — Salaries and Wages — A county judge’s resignation is effective when successor qualifies. Judicial Code’s only sanction is censure. ROBERT W. WARREN, Attorney General CHARLES P. SMITH, State Treasurer In your letter of January 8, 1973, you state […]

GERALD K. ANDERSON, District Attorney Waupaca County Attorney General of Wisconsin — Opinion March 17, 1980 Liens; Register of Deeds; Registers of deeds have no obligation under law to file or record “common-law liens,” or “common-law writs of attachment” because such instruments do not, as a matter of law, affect an interest in land or […]

MARK S. GEMPELER, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion April 7, 1981. Public Assistance; Attorney’s fees are not chargeable against public assistance recovered in an action under sec. 49.65, Stats. (1979). BRONSON C. La FOLLETTE, Attorney General MARK S. GEMPELER, Corporation Counsel Waukesha County You have asked my opinion whether attorney’s […]

ERIC G. JOHNSON, District Attorney St. Croix County Attorney General of Wisconsin — Opinion August 30, 1990 District Attorney; Public Officials; Salaries And Wages; Words And Phrases; District attorneys are not “public officer[s]” within the meaning of that term in article IV, section 26 of the Wisconsin Constitution, and the Legislature may, therefore, increase or […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion July 13, 1987 Counties; Public Purpose Doctrine; Under appropriate circumstances, a county may appropriate county funds reasonably necessary for improvement, maintenance and operation of county property which is not deemed to be surplus, even though such property may no longer be required […]

ED JACKAMONIS, Speaker State Assembly Attorney General of Wisconsin — Opinion April 27, 1981. Cities; Insurance; A city council of a city other than the first class does not have legal authority to obligate the city and authorize the use of city funds for payment of health insurance premiums on policies for the benefit of […]

WILLIAM G. THIEL, Corporation Counsel Eau Claire County Attorney General of Wisconsin — Opinion November 8, 1979. Civil Service; Sheriffs; Words And Phrases; The county board may require the appointment of regularly employed deputies to be in accordance with the pertinent civil service ordinance. The county board may fix the number and the compensation, if […]

DENNIS J. FLYNN, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion August 6, 1976. Highway Commission, State; Highway Commissioner; Highways; Contracts; Contracts providing for the maintenance of state highways by the counties may be executed by the county highway committees without the approval of the county boards. BRONSON C. La FOLLETTE, Attorney General […]

CHARLOTTE M. HIGBEE, Commissioner Personnel Commission Attorney General of Wisconsin — Opinion December 11, 1979. Discrimination; Personnel Commission, The Personnel Commission possesses the same powers and duties in processing discrimination complaints involving a state agency as employer as those exercised by the Department of Industry, Labor and Human Relations with respect to discrimination complaints involving […]

THE HONORABLE, THE SENATE. Attorney General of Wisconsin — Opinion. March 8, 1972. City School Board — Legal Counsel, Employment Of — Conditions under which a joint city school district may employ legal counsel discussed. Legislature may authorize employment of counsel by joint city school district. ROBERT W. WARREN, Attorney General THE HONORABLE, THE SENATE […]