Category: Wisconsin Attorney General Opinions

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion July 6, 1987 Emergency Medical Services Act; Physicians And Surgeons; The coordinating physician, as defined in Wis. Admin. Code ch. H 21, is the person authorized to establish policies and procedures in providing emergency medical services under the Emergency Medical Services Act. […]

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 […]

W. PATRICK DONLIN, District Attorney, Price County. Attorney General of Wisconsin — Opinion. January 3, 1972. County Board — Vacancy Of County Supervisor — A vacancy on the county board due to resignation may be filled by appointment by the county board chairman when county board is not in session. ROBERT W. WARREN, Attorney General […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion January 18, 1982. Children, Education, Health And Social Services, Department Of; Words And Phrases; The Department of Health and Social Services must treat a parent’s failure to respond as a denial of permission for evaluation and placement for exceptional […]

ANN HANEY, Secretary Department of Regulation Licensing Attorney General of Wisconsin — Opinion August 13, 1979. Arson Bureau, State; Criminal Law; Fire Department; Landlord And Tenant; State Arson Bureau and local fire and police departments are subject to the fourth amendment warrant requirements of the United States Constitution in conducting searches for evidence of arson. […]

TOM LOFTUS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion October 22, 1987 Municipalities; Taxation; Vocational, Technical And Adult Education; Municipalities may use the add-on method of recovery of refunded taxes from Vocational, Technical and Adult Education districts pursuant to section 74.73 (2), Stats., regardless of whether the refunds are for unlawful taxes […]

TOM LOFTUS, Chairman Assembly Organization Committee Attorney General of Wisconsin — Opinion August 12, 1988 Marketing And Trade Practices; The treatment of cash discounts in section 100.30(2), Stats., the minimum markup law, and proposed Wisconsin Administrative Code chapter Ag 119 does not violate federal antitrust laws, constitutional due process or exceed statutory authority. DONALD J. […]

E. WAYNE WORTH, District Attorney, Adams County Attorney General of Wisconsin — Opinion February 22, 1978. Attorneys; Compatibility; Courts; Marriage And Divorce; Family Court Commissioner’s law partner is prohibited from serving as counsel in any divorce action in county which Commissioner holds office but may serve as counsel in divorce actions in other counties. This […]

EUGENE LEHRMANN, State Director Board of Vocational, Technical and Adult Education Attorney General of Wisconsin — Opinion October 24, 1978. Schools And School Districts; Vocational And Adult Education; Secondary schools may not legally provide a vocational, technical and adult education district with the names of high school dropout students. Page 255 BRONSON C. La FOLLETTE, […]

JAMES C. EATON, District Attorney Barron County Attorney General of Wisconsin — Opinion December 29, 1976. Reimbursement; Public Officials; Appropriations And Expenditures; Expenses; Salaries And Wages; Counties; County Board; Only county board supervisors can serve on committees of the county board under sec. 59.06, Stats., and persons who are not supervisors cannot serve thereon or […]

WILLIAM F. EICH, Chairman, Public Service Commission. Attorney General of Wisconsin — Opinion. June 15, 1972. Hatch Act — Political Activity By A State Commissioner — Public service commissioner may attend a political party convention as a delegate without violating sec. 15.79, Stats. Page 266 ROBERT W. WARREN, Attorney General WILLIAM F. EICH, Chairman, Public […]

HERBERT J. GROVER, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion October 11, 1989 Libraries; Municipal libraries may not charge a fee for lending video cassettes which are part of a reasonable permanent collection but may charge for lending additional copies. Municipal libraries may not charge a fee for online searching […]

DARWIN ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion October 17, 1983 Corporation Counsel; County Board; County board may not by resolution require either a full time district attorney or the corporation counsel to advise town officers on matters of strictly town business, and may not engage special counsel for such purpose. […]

DR. HERBERT J. GROVER, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion August 17, 1984 HOME RULE; LIBRARIES; MUNICIPALITIES; The Madison Public Library can charge user fees for any services that fall outside of a library’s inherent information-providing functions; services that constitute core “library services” must be provided free of charge […]

J. DENIS MORAN, Director State Courts Attorney General of Wisconsin — Opinion January 16, 1984 AUTOMOBILES AND MOTOR VEHICLES; LICENSES AND PERMITS; TRAFFIC; Imprisonment or suspension of license under section 345.47(1)(a) and (b), Stats., does not eliminate the liability of a defendant for payment of the $150 surcharge provided for in section 346.655. The county […]

CLEMENS V. HEDEEN, District Attorney, Door County. Attorney General of Wisconsin — Opinion. December 21, 1972. District Attorney — Family Court Commissioner — Offices of district attorney and family court commissioner are separate but compatible in counties under 40,000. Incumbent entitled to separate salaries. ROBERT W. WARREN, Attorney General CLEMENS V. HEDEEN, District Attorney, Door […]

ROBERT P. SORENSEN, PH.D., State Director Board of Vocational, Technical Adult Education Attorney General of Wisconsin — Opinion November 25, 1981. Schools And School Districts; Vocational And Adult Education; Section 38.08 (1) (a), Stats., requires that “a school district administrator of a school district” appointed to a district board of Vocational, Technical and Adult Education […]

PATRICK J. LUCEY, Governor Attorney General of Wisconsin — Opinion February 4, 1977. Governor, Appropriations And Expenditures, Accountancy, Wisconsin State Board Of, Expenditures; Expenses, Salaries And Wages, Public Officials, Funds, Public Purpose Doctrine; Legal limitations on the use of the Governor’s contingency fund appropriated by sec. 20.525 (1)(c), Stats., discussed. Page 44 BRONSON C. La […]

TOM LOFTUS, Chairman Committee on Assembly Organization Attorney General of Wisconsin — Opinion March 16, 1987 Civil Service; Residence, Domicile And Legal Settlement; The residency requirement for classified civil service positions when no similar requirement exists for positions in the unclassified service constitutes a violation of the equal protection clause of the fourteenth amendment to […]

HOWARD FULLER, Secretary Department of Employment Relations Attorney General of Wisconsin — Opinion December 13, 1984 CIVIL SERVICE; PUBLIC OFFICIALS; Classified state employes whose positions are federally funded in whole or in part, and who are not covered by a collective bargaining agreement, are entitled to leaves of absence in order to run for partisan […]

ROBERT D. ZAPF, District Attorney Kenosha County Attorney General of Wisconsin — Opinion October 22, 1986 Bail, Law Enforcement; Police; Prisons and Prisoners; Sheriffs; Acting under the authority of section 969.07, Stats., local law enforcement officials may deny release from custody to a person arrested for a misdemeanor if in the officials’ opinion the person […]

TOM LOFTUS, Chairperson Assembly Committee on Organization Attorney General of Wisconsin — Opinion May 6, 1986 Pharmacy, State Board of; Section 450.02, Stats., providing for the lapse of the right of a pharmacist to practice for failure to renew his or her registration within sixty days of the pharmacy board’s second notice of expiration, requires […]

MARCEL DANDENEAU, Chief Clerk State Assembly Attorney General of Wisconsin — Opinion April 27, 1981. Prisons; Reapportionment, Redistricting; Institutional populations, as well as other populations which may include persons disenfranchised for some reason, are part of the total population included in the 1980 federal decennial census of population and may not be disregarded for congressional […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion June 16, 1986 Assessments; Condominium; Plats and Platting; Surveys; The legal description of condominium units must conform to the requirements of chapter 703, Stats., the condominium law. The requirements of chapter 236, dealing with platting and subdividing, may not be used to […]

FRED A. RISSER, Chairman, Committee on Senate Organization Attorney General of Wisconsin — Opinion February 8, 1978. Administration, Department Of; Civil Service; Collective Bargaining; Employer And Employe; Labor; Salaries And Wages; Matters within the scope of bargaining as set forth in sec. 111.91, Stats., agreed to by the Department of Administration and a state employe […]

GERALD C. NICHOL, District Attorney, Dane County. Attorney General of Wisconsin — Opinion. December 8, 1971. Public Welfare — AFDC Budget — (Informal) — An AFDC budget must be computed on the basis of actual income. ROBERT W. WARREN, Attorney General GERALD C. NICHOL, District Attorney, Dane County You have asked my opinion whether or […]

PATRICK J. LUCEY, Governor of Wisconsin. Attorney General of Wisconsin — Opinion. December 20, 1971. Criminal Prosecutions — Venue — (Formal) — Substitute Amendment 1 to Assembly Bill 452, providing for statewide venue for certain sex crimes, is unconstitutional because of its conflict with Art. 1, sec. 7, Wis. Const. ROBERT W. WARREN, Attorney General […]

KEVIN J. KELLEY, District Attorney Forest County Attorney General of Wisconsin — Opinion August 26, 1980. Indians; Intoxicating Liquors; Licenses And Permits; The State of Wisconsin has no jurisdiction to require the Sokaogon (Mole Lake) Indian Tribe to secure a liquor license from the Town of Nashville in order to sell alcoholic beverages on the […]

GERALD P. PTACEK, District Attorney Racine County Attorney General of Wisconsin — Opinion January 25, 1982. Courts, Prisons And Prisoners, Courts cannot place conditions on a sentence of incarceration. Pursuant to statutes, a court may order a defendant to perform community service work in lieu of part or all of a time imposed by the […]

JAMES T. BARR, Corporation Counsel Waushara County Attorney General of Wisconsin — Opinion June 24, 1980. County Board of Adjustment; County Planning And Zoning Committee; Zoning; The extent to which sec. 59.99, Stats., authorizes the County Board of Adjustment to grant zoning variances and review decisions of the County Planning and Zoning Committee, discussed. BRONSON […]

VIRGINIA B. HART, Chairman Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion March 16, 1976 Apprentices; Education; Apprentices indentured under ch. 106, Stats., may lawfully be charged tuition at schools in the state vocational, technical and adult education system for related instruction that apprentices must receive as a condition of […]

THE HONORABLE, THE ASSEMBLY. Attorney General of Wisconsin — Opinion. December 31, 1971. County Supervisors — Election — (Formal) — Although county supervisors are specified to be “county officers” in sec. 59.03, (2) (d), Stats., they are not “county officers” within the meaning of Art. XIII, sec. 1, Wis. Const., which provides “all state and […]

WILLIS J. ZICK, Corporation Counsel, Waukesha County Attorney General of Wisconsin — Opinion October 18, 1974. Counties; Protective Occupation; Retirement Systems; The Age Discrimination in Employment Act of 1967, as amended, does not invalidate secs. 41.02 (23), Stats. (retirement ages under the Public Employes Retirement Law), or 41.11 (1), Stats. (mandatory retirement at reaching retirement […]

WILBUR J. SCHMIDT, Secretary, Department of Health and Social Services. Attorney General of Wisconsin — Opinion. May 12, 1972. Social Security Tax — State Employes — Department of Health and Social Services has authority to collect social security deductions which were not previously made. ROBERT W. WARREN, Attorney General WILBUR J. SCHMIDT, Secretary, Department of […]

ERICH MILDENBERG, Commissioner Office of the Commissioner of Banking Attorney General of Wisconsin — Opinion November 27, 1979. Banks And Banking; Trust Companies; Buying and selling federal agency obligations by trust company banks and state chartered banks with trust powers does not constitute a crime under sec. 112.05, Stats. BRONSON C. La FOLLETTE, Attorney General […]

WILBUR J. SCHMIDT, Secretary, Department of Health Social Services. Attorney General of Wisconsin — Opinion. February 22, 1972. Forfeited Good Time — Sex Deviate Act — The Department of Health and Social Services is not at this time required by law to restore forfeited good time allowances or immediately to release anyone committed under the […]

MARK PERRINE, District Attorney Ashland County Attorney General of Wisconsin — Opinion June 20, 1986 Automobiles and Motor Vehicles; Section 351.08, Stats., authorizes enhancements to the section 343.44 penalties; it does not create a separate substantive offense. BRONSON C. La FOLLETTE, Attorney General MARK PERRINE, District Attorney Ashland County You have requested my opinion on […]

JAMES WENDLAND, District Attorney Dunn County Attorney General of Wisconsin — Opinion March 24, 1976 Highways; Municipalities; The word “highway,” as used in secs. 343.05 (1) and 343.44 (1), Stats., does not include public parking lots. BRONSON C. La FOLLETTE, Attorney General JAMES WENDLAND, District Attorney Dunn County You have asked whether a person must […]

WILLIAM C. KAHL, State Superintendent, Department of Public Instruction. Attorney General of Wisconsin — Opinion. May 17, 1972. Transportation of Students — Public Instruction — Transportation must be on a reasonably uniform basis to all children attending either public or private schools. Page 241 Children attending private schools must reside in attendance areas pursuant to […]

CLYDE M. SULLIVAN, Secretary, Department of Employe Trust Funds. Attorney General of Wisconsin — Opinion. January 25, 1973. Retirement Fund — Trust Funds — Public Administrators — are public officials and, therefore, includible as “employes” under the Federal-State Social Security coverage agreement. Public administrators may be properly excluded by act of the legislature from future […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion November 2, 1989 Trust Funds; Wisconsin Retirement System; Validity of possible statutory modifications to the Fixed Retirement Trust of the Wisconsin Retirement System discussed. DONALD J. HANAWAY, Attorney General FRED A. RISSER, Chairperson Senate Organization Committee The Committee on Senate Organization has […]

ROBERT P. RUSSELL, Milwaukee County Corporation Counsel. Attorney General of Wisconsin — Opinion. May 4, 1971. Property Tax Exemption — Pollution Control Facilities — (Formal) — The property tax exemption for pollution control facilities provided in sec. 70.11 (21) (a), Stats., applies to pollution control facilities incorporated into new plants to be constructed, in addition […]

RICHARD B. MCCONNELL, District Attorney, Waukesha County. Attorney General of Wisconsin — Opinion. August 10, 1973. Implied Consent Law — Drunk Driving — Section 343.305, Stats., the Implied Consent Law, discussed. ROBERT W. WARREN, Attorney General RICHARD B. MCCONNELL, District Attorney, Waukesha County You have asked my opinion on a series of questions regarding the […]

JOSEPH N. NOLL, Secretary Department of Industry, Labor Human Relations Attorney General of Wisconsin — Opinion September 15, 1980. Dwelling Codes; Municipalities; Liability of local units of government in adopting and enforcing the One- and Two-Family Dwelling Code discussed. BRONSON C. La FOLLETTE, Attorney General JOSEPH N. NOLL, Secretary Department of Industry, Labor Human Relations […]

BENJAMIN SOUTHWICK, Corporation Counsel Richland County, BRYAN J. FISCHER, Corporation Counsel Adams County Attorney General of Wisconsin — Opinion August 2, 1990 County Board; Public Officials; Except in self-organized counties, a county board may not establish multiple per diem compensation for attendance at more than one committee meeting on the same day on days when […]

RAYMOND L. PELRINE, District Attorney Eau Claire County Attorney General of Wisconsin — Opinion March 22, 1989 Criminal Law; Prisons And Prisoners; Words And Phrases; A criminal defendant who receives consecutive sentences that in the aggregate exceed one year, but individually are all less than one year, should be incarcerated in a county jail rather […]

DANIEL G. SMITH, Department of Revenue Attorney General of Wisconsin — Opinion May 8, 1979. Indians; Wisconsin’s cigarette tax laws do not apply to Indian persons or Indian tribes selling cigarettes on Indian reservations. BRONSON C. La FOLLETTE, Attorney General DANIEL G. SMITH, Department of Revenue You have asked several questions relating to the enforcement […]

ROBERT D. ZAPF, District Attorney Kenosha County Attorney General of Wisconsin — Opinion January 11, 1983 Special Prosecutor; Circuit courts of this state may sua sponte appoint a special prosecutor in contempt actions pursuant to ch. 785, Stats., without the need to resort to the provisions of sec. 59.44, Stats. BRONSON C. La FOLLETTE, Attorney […]

EDWIN M. WILKIE, Court Administrator. Attorney General of Wisconsin — Opinion. October 18, 1972. Court Costs — Traffic Cases — Court costs in traffic cases under ch. 278, Laws of 1971, discussed. ROBERT W. WARREN, Attorney General EDWIN M. WILKIE, Court Administrator I have been asked to give my opinion as to what clerk’s fees […]

PAMELA J. KAHLER, Corporation Counsel Dunn County Attorney General of Wisconsin — Opinion March 16, 1987 Children; Confidential Reports; Criminal Law; Physicians And Surgeons; A medical or mental health professional may report suspected child abuse under the permissive provisions of section 48.981 (3), Stats., when the abuser, rather than the victim, is seen in the […]

DENNIS J. CONTA, Secretary, Department of Revenue Attorney General of Wisconsin — Opinion October 4, 1976. Taxation; Constitution; Constitutionality; Municipalities; Towns; Villages; Revenue Law; Property; Assessment; The Tax Increment Law appears constitutional on its face and the Department of Revenue should carry out its duties and responsibilities under the law as directed by the legislature. […]

THOMAS P. FOX, Director of Legislative Services. Attorney General of Wisconsin — Opinion. February 29, 1972. Water Pollution — Civil Remedies — A polluter can be forced to pay damages for pollution of a Wisconsin lake to a person owning (or having some lesser interest in) land on or near the affected body of water […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion August 24, 1983 Indians; Section 144.07(4)(a), Stats., does not authorize joint sewerage commissions to include tribal governments as member governmental units. BRONSON C. La FOLLETTE, Attorney General CARROLL D. BESADNY, Secretary Department of Natural Resources You ask whether the Oneida Indian […]

DOUGLAS LA FOLLETTE, Secretary of State Attorney General of Wisconsin — Opinion April 29, 1988 Advertising; Constitutional Law; Legislation; Section 13.72, Stats., which prohibits anonymous paid advertising favoring or opposing pending legislation, is unconstitutional. DONALD J. HANAWAY, Attorney General DOUGLAS LA FOLLETTE, Secretary of State You have asked whether section 13.72, Stats., is constitutional. That […]

EUGENE I. LEHRMANN, State Director, Board of Vocational, Technical Adult Education. Attorney General of Wisconsin — Opinion. March 8, 1972. Residency — VTAE District — Guidelines for determination of district of residency of a VTAE student and statutes affecting attendance at a particular VTAE school are discussed. ROBERT W. WARREN, Attorney General EUGENE I. LEHRMANN, […]

JOHN COUGHLIN, Secretary Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion August 25, 1987 Housing; Real Estate; State; The rental unit energy efficiency statute, section 101.122, Stats., applies to the state. DONALD J. HANAWAY, Attorney General JOHN COUGHLIN, Secretary Department of Industry, Labor and Human Relations Your department has requested […]

ROBERT RUSCH, District Attorney, Taylor County Attorney General of Wisconsin — Opinion December 29, 1978. Counties; County Highway Commissioner; Highways; Sheriffs; Traffic; Where county has contract to maintain state trunk highways, county highway commissioner can temporarily close state trunk highway in case of emergency. Sec. 86.06 (1), Stats. Sheriff has power to temporarily close any […]

ROGER L. HARTMAN, District Attorney Buffalo County Attorney General of Wisconsin — Opinion August 13, 1975 Automobiles And Motor Vehicles; Licenses And Permits; Under sec. 343.05 (1), Stats., a driver’s license, indorsed for motor-driven cycle operation, is not required for operation of a motor-driven cycle on private property. BRONSON C. La FOLLETTE, Attorney General ROGER […]

JAY GRIGGS, Publisher Hudson Star-Observer Attorney General of Wisconsin — Opinion June 1, 1989 Ambulances; Confidential Reports; Public Records; Under present law, ambulance records relating to medical history, condition or treatment are confidential while other ambulance call records are subject to disclosure under the public records law. DONALD J. HANAWAY, Attorney General JAY GRIGGS, Publisher […]

CHARLES M. HILL, Secretary, Department of Local Affairs and Development. Attorney General of Wisconsin — Opinion. December 5, 1973. Zoning — Mobile Homes — The authority of a county to regulate house trailers or mobile homes under the county zoning authority set forth in sec. 59.97, Stats., and other zoning questions, discussed. ROBERT W. WARREN, […]

WILLIAM J. LUNDSTROM, Corporation Counsel Outagamie County Attorney General of Wisconsin — Opinion February 2, 1977. Bids And Bidders; Contracts, Housing, Counties, Public Works; County Board; County housing authority, in providing housing for the low income and elderly, can, by reason of sec. 59.075 (4), Stats., utilize “Turnkey” construction method without bids. BRONSON C. La […]

THE HONORABLE, THE ASSEMBLY. Attorney General of Wisconsin — Opinion. December 3, 1973. Constitutional Law — Landlord and Tenant — State statutory enabling legislation is required to authorize enactment of typical rent control ordinances. Assembly Substitute Amendment 1 to 1973 Assembly Bill 95 deemed incomplete and constitutionally infirm. ROBERT W. WARREN, Attorney General THE HONORABLE, […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. June 16, 1972. Elections — Independent Candidates — Section 12.45, Stats., does not prohibit designation of independent candidates on ballot as “Communist Party U.S.A.” ROBERT W. WARREN, Attorney General ROBERT C. ZIMMERMAN, Secretary of State You request my opinion as to whether the […]

FRANK A. MEYERS, Administrator Division of Criminal Investigation Attorney General of Wisconsin — Opinion March 16, 1987 Licenses And Permits; Private Detectives; Words And Phrases; Section 440.26, Stats., requiring the licensing of private detectives, does not apply to qualified arson experts or other expert witnesses merely because they may investigate matters relating to their field […]

FRANK J. ENDEJAN, District Attorney Fond du Lac County Attorney General of Wisconsin — Opinion April 3, 1981. Criminal Law; Gambling; Lotteries; Games such as “Las Vegas nights” wherein participants must make a payment or donation in order to gamble with play money and then use the play money at the end of the evening […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County Attorney General of Wisconsin — Opinion October 7, 1974. Children; Vital Statistics; Mother of child born out of wedlock may cause any surname to be entered on the child’s birth certificate. ROBERT W. WARREN, Attorney General ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County You have inquired as to […]

VICTOR MOYER, Corporation Counsel, Rock County. Attorney General of Wisconsin — Opinion. June 6, 1973. County Board — Indigent — Appointment of counsel for indigent involves a public contract. ROBERT W. WARREN, Attorney General VICTOR MOYER, Corporation Counsel, Rock County You have requested that this office review the opinion to the Corporation Counsel for LaCrosse […]

CAROL TOUSSAINT, Secretary Department of Local Affairs and Development Attorney General of Wisconsin — Opinion August 16, 1977. Land; Plats And Platting; Sales; A proposed plat under ch. 236, Stats., may not consist solely of outlots. whether or not the proposed outlots are intended for the purpose of sale or building development. Other questions concerning […]

CHARLOTTE M. HIGBEE, Commissioner Personnel Commission Attorney General of Wisconsin — Opinion November 1, 1979. Personnel Commission; A single member of the Personnel Commission is empowered to act as the Commission where two of the three Commission positions are vacant. Page 324 BRONSON C. La FOLLETTE, Attorney General CHARLOTTE M. HIGBEE, Commissioner Personnel Commission You […]

CLARKE SMITH, Secretary, Board of Regents of the University of Wisconsin System. Attorney General of Wisconsin — Opinion. October 19, 1971. Board of Regents — University Merger — (Informal) — Chapter 100, Laws of 1971, creates a new Board of Regents which Board supersedes the former Boards. ROBERT W. WARREN, Attorney General You have requested […]

WILLIAM C. KAHL, State Superintendent, Department of Public Instruction. Attorney General of Wisconsin — Opinion. April 20, 1972. School District — Private Instruction — Discussion of authority of school board to contract for services and facilities for “academically and socially retarded” children. Page 204 ROBERT W. WARREN, Attorney General WILLIAM C. KAHL, State Superintendent, Department […]

JOHN M. WILLIAMSON, Assistant Corporation Counsel, Brown County. Attorney General of Wisconsin — Opinion. November 18, 1971. Tax Payment — County Treasurer — (Informal) — Second tax payment under sec. 74.03, Stats., may be made next secular day when July 31 is on Saturday and office hours unofficial. ROBERT W. WARREN, Attorney General JOHN M. […]

WILLIAM R. BECHTEL, Secretary, Department of Local Affairs and Development Attorney General of Wisconsin — Opinion November 17, 1975. Plats And Platting; The requirements of sec. 236.16 (3), Stats., requiring subdivisions on navigable lakes or streams to provide public access does not apply to navigable lakes created by artificially enlarging a previously nonnavigable watercourse. The […]

GEORGE E. RICE, Acting Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion August 16, 1985 Milwaukee County; Public Assistance, A county may not require or request that a public assistance applicant or recipient provide a fingerprint for the purposes of identification as a precondition to receiving aid. BRONSON C. La FOLLETTE, Attorney General […]

C.F. HURC, Administrator and Secretary, Examining Board of Architects, Professional Engineers, Designers Land Surveyors. Attorney General of Wisconsin — Opinion. January 25, 1971. Plumbing — Examining Board Discretion — (Informal) — Although designer of plumbing systems permits must be issued to applicants who are licensed master plumbers, sec. 443.01 (16), Stats., grants the Examining Board […]

RICHARD STADELMAN, District Attorney Shawano and Menominee Counties Attorney General of Wisconsin — Opinion October 24, 1977. Counties; Indians; Land, Law Enforcement; Mobile Homes; Right Of Way; Taxation; Towns; Trusts; Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, […]

TOBY E. SHERRY, Commissioner Office of Commissioner of Banking Attorney General of Wisconsin — Opinion July 23, 1992 Collection Agencies; Licenses And Permits; Section 218.04, Stats., requires licensure of nonresident collection agencies and solicitors that conduct business with Wisconsin residents solely by mail or telephone. Applying the licensing requirements to such agencies and solicitors would […]

THE HONORABLE, THE ASSEMBLY, Legislature Attorney General of Wisconsin — Opinion September 11, 1974. Drainage Districts; 1. The powers of the drainage district board are not superseded by the shoreline zoning board or the Department of Natural Resources; however, drainage ditches which are navigable are within the jurisdiction of the Department of Natural Resources pursuant […]

DENNIS J. FLYNN, Corporation Counsel, Racine County. Attorney General of Wisconsin — Opinion. October 25, 1971. Taxation — County Revenue — (Informal) — County board may not control municipal use of county sales tax revenue. ROBERT W. WARREN, Attorney General DENNIS J. FLYNN, Corporation Counsel, Racine County You have inquired as to whether a proposed […]

JOHN H. SHIELS, Chairman, Personnel Board. Attorney General of Wisconsin — Opinion. April 23, 1971. Layoff Procedures — Personnel Board — (Informal) — Rule Pers. 22.06, being unrelated to layoff procedures, is not authorized under the rule-making authority of sec. 16.24 (2), Stats., and is contrary to sec. 16.10 (3), Stats. Rule Pers. 22.05, however, […]

LAVERNE MICHALAK, District Attorney Trempealeau County Attorney General of Wisconsin — Opinion August 1, 1988 Compatibility; Conflict of Interest; The office of superintendent or administrator of a county health care center providing mental health related services, appointed under section 46.19(1), Stats., and the office of member of the county community programs board, appointed under section […]

GARY J. SCHUSTER, District Attorney Door County Attorney General of Wisconsin — Opinion August 21, 1987 Conflict of Interest; Contracts; County Board; Public Officials; Section 946.13, Stats., which prohibits private interests in public contracts, applies to county board or department purchases aggregating more than $5,000 from a county supervisor-owned business. DONALD J. HANAWAY, Attorney General […]

FRED A. RISSER, President State Senate Attorney General of Wisconsin — Opinion December 30, 1981. Arrest, Parking; Section 349.03 (2m), Stats., prohibits both prejudgment and postjudgment arrest for failure to pay a parking forfeiture. Page 286 BRONSON C. La FOLLETTE, Attorney General FRED A. RISSER, President State Senate As chairman of the Senate Committee on […]

JAMES A. JUNG, Executive Secretary Wisconsin Higher Educational Aids Board Attorney General of Wisconsin — Opinion August 29, 1983 Loans; Students; Wisconsin Higher Education Corporation; Wisconsin Higher Educational Aids Board; Guaranteed Student Loan Program; Higher Education Aids Board; the legal relationship between the Higher Education Aids Board and the Wisconsin Higher Education Corporation, as affected […]

FRED A. RISSER, Chairperson Senate Organization Committee, FRANK VAZQUEZ, Corporation Counsel Clark County Attorney General of Wisconsin — Opinion June 26, 1992 County Board; Public Officials; Salaries And Wages; Discretionary authority to grant increases to elected county officials based upon the performance or length of service of the incumbent may not be delegated to a […]

RODNEY ZEMKE, District Attorney Eau Claire County Attorney General of Wisconsin — Opinion September 5, 1975 Natural Resources, Department Of; Highways; The Department of Natural Resources does not have authority to waive the permit requirements of sec. 30.12 (2), Wis. Stats., for individuals who would otherwise be subject to the statute; however, chs. 30 and […]

CHARLES M. HILL, SR., Secretary, Department of Local Affairs and Development Attorney General of Wisconsin — Opinion September 17, 1974. Vocational, Technical And Adult Education, Board Of; Vocational, Technical and Adult Education Districts and the State Board of Vocational, Technical and Adult Education do not have the power of eminent domain and, therefore, are not […]

JAMES L. THOMAS, District Attorney Waushara County Attorney General of Wisconsin — Opinion April 2, 1980 County Board; Ordinances; County board has authority under sec. 59.07(64), Stats., to enact a county ordinance prohibiting trespass to land that is similar to and consistent with sec. 943.13, Stats. BRONSON C. La FOLLETTE, Attorney General JAMES L. THOMAS, […]

GLENN L. HENRY, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion August 23, 1977. Counties, County Board; County Supervisor; Foster Homes; Funds; Health And Social Services, Department Of; Insane; Nursing Homes; Public Health; Public Welfare; Public Welfare, Department Of; The responsibility for providing and funding facilities for protective placements under ch. 55, Stats., […]

ED JACKAMONIS, Chairperson Assembly Committee on Organization Attorney General of Wisconsin — Opinion November 28, 1979. Compatibility; Towns; 60 Op. Att’y Gen. 276 (1971) discussed. The conclusion in that opinion is questionable. Until the law is changed offices of town clerk and town treasurer are probably incompatible. BRONSON C. La FOLLETTE, Attorney General ED JACKAMONIS, […]