Category: Wisconsin Attorney General Opinions

R. ROTH JUDD, Executive Director Ethics Board Attorney General of Wisconsin — Opinion March 2, 1992 Ethics, State Board Of; Public Officials; An individual who is required to file a Statement of Economic Interests and who is a beneficiary of a trust which provides that the individual will receive a share of the trust’s corpus […]

R. ROTH JUDD, Executive Director Ethics Board Attorney General of Wisconsin — Opinion December 20, 1979. Attorneys; Public Officials; Discussion of possible conflict between the requirements of financial disclosure contained within the Code of Ethics for Public Officials with respect to the confidentiality requirements set forth in the Code of Professional Responsibility for lawyers and […]

The Honorable Walter Kunicki Attorney General of Wisconsin — Opinion December 15, 1993 A Wisconsin law patterned on Illinois’ law which provides that improvements to real property would be assessed on the date of the completion of the improvements would be unconstitutional under article VIII, section 1 of the Wisconsin Constitution. JAMES E. DOYLE, Attorney […]

DON GEHRMANN, Coordinator, Division of Highway Safety Coordination Office of the Governor Attorney General of Wisconsin — Opinion December 27, 1978. Arrest; Automobiles And Motor Vehicles; Implied Consent Law; Law Enforcement; Motor Vehicles; Traffic; A driver of a motor vehicle cannot be asked to take a test to determine alcoholic intoxication pursuant to sec. 343.305 […]

EVERETT E. BOLLE, Assembly Chief Clerk, Wisconsin Legislature Attorney General of Wisconsin — Opinion December 15, 1977. Constitutionality; Taxation; Discussion of constitutional and policy considerations associated with federalization of state income tax laws. BRONSON C. La FOLLETTE, Attorney General EVERETT E. BOLLE, Assembly Chief Clerk, Wisconsin Legislature Upon the direction of the Wisconsin State Assembly […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion January 28, 1974. Teachers Retirement Fund; Schools And School Districts; School boards have authority to contract with teachers to provide for an increment or sum in addition to the regular salary in return for the teacher choosing an early retirement […]

TIM CULLEN, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion October 8, 1986 Historic Sites Foundation, Inc.; Historical Society, State; Public Purpose Doctrine; It was constitutional for the Legislature to extend indemnity and other liability protections to the corporation and its agents and employes who manage and operate a state-owned circus museum. BRONSON […]

LAWRENCE R. NASH, Corporation Counsel, Wood County. Attorney General of Wisconsin — Opinion. July 19, 1973. Bills and Bidders — Contracts — Where a governmental entity determines that an apparent low bidder is entitled to relief from an erroneous bid under sec. 66.29 (5), Wis. Stats., the bidder should be allowed to correct his bid. […]

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., […]

ERICH MILDENBERG, Commissioner of Banking Attorney General of Wisconsin — Opinion March 28, 1975 Banks And Banking; The twenty-five-mile limitation upon the location of branch banks pursuant to sec. 221.04 (1) (j), Stats., is to be measured on a straight-line distance basis. BRONSON C. La FOLLETTE, Attorney General ERICH MILDENBERG Commissioner of Banking You have […]

JAMES M. LA POINTE, District Attorney, Ozaukee County. Attorney General of Wisconsin — Opinion. May 3, 1972. County Liability — 4-H Clubs — Possible county liability for 4-H Club activities on county fairgrounds discussed. ROBERT W. WARREN, Attorney General JAMES M. LA POINTE, District Attorney, Ozaukee County You have requested to be advised as to […]

COMMITTEE ON ASSEMBLY ORGANIZATION, Legislature Attorney General of Wisconsin — Opinion February 21, 1978. Conservation; Fees; Fish And Game; Licenses And Permits; Taxation; Assembly Bill 894 as drafted is constitutional and allows the state to contribute $1 of the $3 fee collected from a state waterfowl hunting stamp to private nonprofit organizations for development of […]

KENNETH E. LINDNER, Secretary Department of Administration Attorney General of Wisconsin — Opinion June 17. 1980. Emergency Number Systems Board; Open Meeting; A telephone conference call involving members of a governmental body is a meeting which must be reasonably accessible to the public and the required public notice must be given. BRONSON C. La FOLLETTE, […]

JERRY D. MCCORMACK, District Attorney Langlade County Attorney General of Wisconsin — Opinion April 8, 1974. Public Officials; Police; In general, sheriff, traffic officer or policeman who issues a uniform traffic citation where no warrant has been issued is not entitled to service or mileage fees for delivering citation. ROBERT W. WARREN, Attorney General JERRY […]

ANTHONY S. EARL., Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion August 29, 1977. Boundaries; County Surveyor; Natural Resources, Department Of; Navigable Waters; Plats And Platting; Public Lands; Surveying, Surveys; Methods discussed for establishing or reestablishing an E-W 1/4 line and the center 1 1/4 corner when the E 1/4 corner falls […]

ED JACKAMONIS, Speaker State Assembly Attorney General of Wisconsin — Opinion January 19, 1982. Legislation; Mental Health Act; Amendment of the Mental Health Act as proposed in 1981 Assembly Bill 262 would be unconstitutional. BRONSON C. La FOLLETTE, Attorney General ED JACKAMONIS, Speaker State Assembly You ask whether 1981 Assembly Bill 262, which would amend […]

ROBERT P. SORENSEN, PH.D., State Director Wisconsin Board of Vocational, Technical and Adult Education Attorney General of Wisconsin — Opinion October 12, 1988 Compatibility; Vocational, Technical And Adult Education, Board Of; Criteria for appointment to district VTAE boards discussed, including changes in status of “employer,” “employe” and “elected official” representatives and incompatibility between board membership […]

HEIDI L. HABEL, Corporation Counsel Monroe County Attorney General of Wisconsin — Opinion October 3, 1988 Inebriates And Drug Addicts; Prisons And Prisoners; Sheriffs; A sheriff may not refuse to book a person lawfully arrested and brought to the county jail by any state law enforcement agency, regardless of the medical condition of the arrestee, […]

THOS. W. TORMEY, JR., Secretary, Medical Examining Board. Attorney General of Wisconsin — Opinion. August 1, 1973. Chiropodists — Medical Examiners, State Board of — Podiatrists may administer injections, perform and interpret laboratory work such as blood counts, and write prescriptions in connection with treatment of the feet without violating the Medical Practice Act. ROBERT […]

DENNIS KENEALY, Corporation Counsel Fond du Lac County Attorney General of Wisconsin — Opinion July 13, 1987 County Board; County Executive; Land Conservation Committee; Appointments to a county land conservation committee, created by the county board pursuant to section 92.06, Stats., are made by the county board, not by the county executive. DONALD J. HANAWAY, […]

MARCEL DANDENEAU, Chief Clerk Wisconsin State Assembly Attorney General of Wisconsin — Opinion May 27, 1980. Cemeteries; Cemetery association voters must be lot owners under sec. 157.03 (4), Stats. The ownership interest of a deceased lot owner passes to his or her heirs, who as owners, are entitled to vote in cemetery association elections. BRONSON […]

HOWARD FULLER, Secretary Department of Employment Relations Attorney General of Wisconsin — Opinion January 17, 1984 CONFIDENTIALITY; PUBLIC RECORDS; WORDS AND PHRASES; Information on sex, ethnic background and handicapped status obtained through state employment applications for affirmative action purposes is exempt from disclosure under the public records law, but birth date information is not. BRONSON […]

William Dusso, Administrator Department of Regulation and Licensing Attorney General of Wisconsin — Opinion August 3, 1983 County Surveyor; Public Records; Counties that employ rather than elect a county surveyor pursuant to section 59.12, Stats., are required to maintain the survey record system described in section 59.60 (2). Further, all counties are required to maintain […]

KARL W. MARQUARDT, R.PH., J.D., Executive Secretary Pharmacy Examining Board Department of Regulation And Licensing Attorney General of Wisconsin — Opinion February 21, 1979. Licenses And Permits; Pharmacy; The Pharmacy Examining Board may utilize the services of a national examining board in passing on applicants for licensure, but the Board must make the final decision […]

R. ROTH JUDD, Executive Director Ethics Board Attorney General of Wisconsin — Opinion November 28, 1979. Confidential Reports; Investment Board, Wisconsin; Section 19.43 (3), Stats., requires that the Ethics Board forward copies of Investment Board nominees’ statement of economic interests to members of the senate committee to which the nomination is referred. The extent of […]

TIMOTHY L. VOCKE, District Attorney Vilas County Attorney General of Wisconsin — Opinion February 16, 1977. Circuit Court, Clerk of Courts, Ordinances; Towns; Municipalities; Criminal Law; Villages; Home Rule; Judges; Bonds; Affirmations; Municipal justice files oath and bond with clerk of circuit court who files certified copy of bond with clerk of municipality for which […]

THE HONORABLE, THE ASSEMBLY, Legislature Attorney General of Wisconsin — Opinion September 19, 1974. Municipalities; Votes And Voting; 1973 Senate Bill 59 contains inconsistent provisions which require redrafting, although the general intent of the bill appears to be to provide nonresident property owners with a voice in both metropolitan sewerage district and town sanitary district […]

JAMES E. DOYLE, JR., District Attorney Dane County Attorney General of Wisconsin — Opinion August 12, 1981. Clinical Practice Plan, University of Wisconsin School of Medicine; Open Meetings; Physicians And Surgeons; University; The Clinical Practice Plan Committee, Departmental Practice Plan Committees and University of Wisconsin Clinical Practice Association, which are components of the University of […]

WILLIAM C. KIDD, Secretary, Department of Business Development Attorney General of Wisconsin — Opinion December 8, 1975. Bonds; Section 66.521 (11), Stats., as created by ch. 265, Laws of 1973, does not require a municipality to obtain performance bonds for typical industrial revenue bond projects constructed by private industry. Page 170 BRONSON C. La FOLLETTE, […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion October 16, 1979. Public Records; Register of Deeds; The amount payable to a register of deeds for issuing certified copies of birth, death, and marriage records is $4 if the register must search for the records but $1 if […]

RICHARD E. GALECKI, Commissioner Office of Commissioner of Banking Attorney General of Wisconsin — Opinion October 16, 1986 Banks and Banking; Conflict of Interest; Public Officials; Banking Review Board members are not authorized to act in cases involving banks in which they or their spouses own stock. BRONSON C. La FOLLETTE, Attorney General RICHARD E. […]

ROBERT P. RUSSELL, Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion August 29, 1978. Compatibility, County Board; Officers And Offices; Ordinances; County board in county over 500,000 can provide that members of transit board, created by ordinance pursuant to sec. 59.025 (3)(a), Stats., be appointed by county board chairman and confirmed by county […]

GERARD S. PARADOWSKI, Acting Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion November 4, 1980 Indigent; Medical Aid; Prisons And Prisoners; Public Assistance; Section 53.38, Stats., is exclusively applicable in providing relief from medical and hospital care costs incurred by an indigent prisoner while receiving emergency medical treatment in a hospital. BRONSON C. […]

WILLIAM R. BECHTEL., Secretary Department of Local Affairs and Development Attorney General of Wisconsin — Opinion March 8, 1977. Navigable Waters; Plats And Platting, Public Access, Streams; The application of secs. 236.16 (3) and (4), Stats., which concern lake and stream shore plats, discussed in reference to proposed subdivisions which do not immediately abut a […]

THE HONORABLE, THE ASSEMBLY, Legislature Attorney General of Wisconsin — Opinion March 17, 1978. Administrative Procedure; Advertising; Anti-Secrecy; Constitution; Constitutionality; Criminal Law; Elections; Legislation; Legislature; Licenses And Permits; Lobbying; Public Officials; Public Records; Subpoena; Words And Phrases; In principle, the purposes sought to be accomplished by Assembly Substitute Amendment 3 to 1977 Assembly Bill 93, […]

PAUL L. BROWN, Secretary, State Building Commission. Attorney General of Wisconsin — Opinion. October 19, 1973. Bonds — State Fair — Issuance of general obligation bonds to finance State Fair Park coliseum is authorized by statute and is not violative of the state constitution. ROBERT W. WARREN, Attorney General PAUL L. BROWN, Secretary, State Building […]

ANTHONY S. EARL, Governor Attorney General of Wisconsin — Opinion August 16, 1985 Corporations; Legislation; Wisconsin Higher Education Corporation, The Legislature may impose certain controls on public purpose corporations, including the Wisconsin Higher Education Corporation, without violating article IV, sections 31 and 32 of the Wisconsin Constitution or the state’s covenants with student loan revenue […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County. Attorney General of Wisconsin — Opinion. July 26, 1973. Circuit Judge — Retirement Systems — Milwaukee County Board is not authorized by ch. 405, Laws of 1965, to change the provisions of the Milwaukee County Employes’ Retirement System so as to provide a pension payable to circuit court […]

DANIEL G. GOLDEN, District Attorney, Portage County Attorney General of Wisconsin — Opinion September 14, 1976. Public Defenders; Indigent; County Board; A county, acting through its county board, has the implied power to create a public defender’s office to function as a county agency. BRONSON C. La FOLLETTE, Attorney General DANIEL G. GOLDEN, District Attorney, […]

W. PATRICK DONLIN, District Attorney, Price County. Attorney General of Wisconsin — Opinion. January 23, 1973. Criminal Law — Trespass — The intentional entering of an outbuilding without the consent of some person lawfully upon the premises whereon it is situate, under circumstances tending to create or provoke a breach of the peace, where such […]

DONALD R. ZUIDMULDER, District Attorney, Brown County. Attorney General of Wisconsin — Opinion. October 28, 1972. Lotteries — Donation Bingo — The element of “consideration” may be present in many forms for prosecutorial purposes in a ch. 945, Stats., violation. ROBERT W. WARREN, Attorney General DONALD R. ZUIDMULDER, District Attorney, Brown County You have requested […]

DAVID A. SHUDLICK, District Attorney Monroe County Attorney General of Wisconsin — Opinion June 14, 1985 Huber Law; Intoxicating Liquors; Prisons And Prisoners; Sheriff’s jail policy prohibiting Huber Law prisoners from pursuing employment in business establishments that dispense alcoholic beverages impermissibly conflicts with the Huber Law. BRONSON C. La FOLLETTE, Attorney General DAVID A. SHUDLICK, […]

WAYNE F. MCGOWN, Deputy Secretary, Department of Administration Attorney General of Wisconsin — Opinion August 7, 1974. Building Commission, State; Condemnation; The Building Commission has the power of condemnation under sec. 13.48 (16), Stats., for the acquisitions authorized by sec. 13.48 (17), as created by ch. 90, Laws of 1973. Such power also exists for […]

RICHARD L. HAMILTON, Corporation Counsel Outagamie County Attorney General of Wisconsin — Opinion September 27, 1984 BLOOD TESTS; SHERIFFS; A sheriff’s department may require an officer to take a breathalyzer or blood test if the officer appears to be under the influence of intoxicants or drugs when the officer reports for duty or is on […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion June 11, 1985 Contempt of Court; Prisons And Prisoners; A person confined in the county jail for civil (remedial) contempt of court is not eligible for “good time” credit under section 53.43, Stats. Page 97 BRONSON C. La FOLLETTE, Attorney General DARWIN […]

TIMOTHY F. CULLEN, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion June 25, 1984 LEGISLATION; MUNICIPALITIES; TAXATION; Section 74.80(2), Stats., does not permit a county or municipality to enact an ordinance which would make the one-half of one percent per month penalty apply on a retroactive basis to the date the tax first […]

FREDERIC W. FLEISHAUER, District Attorney Portage County Attorney General of Wisconsin — Opinion January 3, 1980. Compensation, County Clerk; Public Officials; Salaries And Wages; Sheriffs; The salaries of elected county officials may be increased during their terms. But any increase put into effect after the earliest time for filing nomination papers does not carry forward […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion December 11, 1990 Boats; Lakes; Navigable Waters; Words And Phrases; The delegation of authority to local governments to collect boater fees for miscellaneous “recreational boating services,” under sections 30.77 (3)(e)1.c. and 33.475, Stats., is unconstitutional. DONALD J. HANAWAY, Attorney General CARROLL […]

FRED L. JACOBSON, Administrator, Division of Criminal Investigation. Attorney General of Wisconsin — Opinion. September 21, 1972. Liquor Licenses — Minimum Age Requirement — Local ordinances which raise the minimum age requirement for holding an operator’s license under sec. 66.054 (11) (a), Stats., are invalid. ROBERT W. WARREN, Attorney General FRED L. JACOBSON, Administrator, Division […]

ED JACKAMONIS, Speaker State Assembly Attorney General of Wisconsin — Opinion January 27, 1982. Fish And Game, Words And Phrases; Section 29.245, Stats., which prohibits the “shining” of animals under certain circumstances, is a valid exercise of the police power. The rebuttable presumption contained in sec. 29.245 (2), Stats., does not render the statute unconstitutional, […]

ROGER L. HARTMAN, District Attorney Buffalo County Attorney General of Wisconsin — Opinion March 24, 1980 Clerk of Courts; Original Records; Public Defenders; Clerks of court are not authorized to send the original records of criminal cases to the public defender prior to the time an appeal has been taken unless an order signed by […]

THOMAS A. LOFTUS, Chairperson Assembly Committee on Organization Attorney General of Wisconsin — Opinion October 4, 1983 Legislature; Public Officials; Reapportionment; Redistricting; The assembly districts altered as to boundaries and renumbered by 1983 Wisconsin Act 29, became effective July 20, 1983. An assemblyperson is a constitutional state public officer who must be a resident and […]

MARY LIEDTKE, District Attorney Price County Attorney General of Wisconsin — Opinion September 17, 1979. Automobiles And Motor Vehicles; Criminal Law; Proof that a driver knew or should have known that he collided with an unattended vehicle is not necessary for a conviction for violation of sec. 346.68, Stats., requiring that the driver of the […]

DENNIS J. FLYNN, Corporation Counsel, Racine County. Attorney General of Wisconsin — Opinion. November 3, 1972. Reimbursement By State — County Mental Hospitals — Time for settling accounts for mental patients between counties and between the state and counties begins on April 1. ROBERT W. WARREN, Attorney General DENNIS J. FLYNN, Corporation Counsel, Racine County […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. December 31, 1971. Merger — Filing Fees — (Formal) — — Under sec. 180.87, Stats., a foreign corporation which has merged into itself a domestic corporation may not take credit for the fees paid by the domestic corporation for capital authorization as a […]

JUDITH A. TEMBY, Secretary Board of Regents of the University of Wisconsin System Attorney General of Wisconsin — Opinion June 15, 1990 Arrest; Criminal Law; University; Words And Phrases; The provisions of section 968.075, Stats., apply to roommates living in university residence halls, whether privately or state owned. If the criteria requiring arrest under section […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion June 2, 1989 Indians; Law Enforcement; Oneida Indians; Sheriffs; While sheriffs lack statutory or common law authority to contract to provide county dispatch services to outside entities such as tribal public safety departments, sheriffs do have exclusive authority to instruct their deputies […]

LINDA REIVITZ, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion January 20, 1983 Confidential Reports; Inebriates And Drug Addicts; Subpoena; Prior to releasing patient records in response to a warrant or subpoena, a federally funded or federally assisted drug treatment facility must first ascertain that the issuing court has made […]

ANTHONY S. EARL, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion May 17, 1977. Automobiles And Motor Vehicles; Forfeitures; Motor Vehicles; Municipalities; Ordinances; Snowmobiles; Traffic; Section 349.06 (1), Stats., authorizes local authorities to enact and enforce any ordinance which is in strict conformity with traffic regulation provisions of ch. 350 for which […]

GARY I. GATES, Secretary Department of Employe Trust Funds Attorney General of Wisconsin — Opinion September 9, 1991 Employe Trust Funds Board; Employe Trust Funds, Department Of; Retirement Systems; The Employe Trust Funds Board must under section 40.05(2n), Stats., divide post-1990 contributions rate adjustments between employer and employe contributions. An increase in employe contributions based […]

EVERETT E. BOLLE, Director of Legislative Services, Wisconsin State Assembly Attorney General of Wisconsin — Opinion May 23, 1977. Bonds; Hotels, Boarding Houses And Restaurants; Municipalities; Hotels, motels and marinas are not permissible “projects” under the definition provided in sec. 66.521 (2)(b), Stats. There is no authority under sec. 66.521, Stats., to establish a reserve […]

J.S. HOLT, Secretary, Board of Regents, University of Wisconsin System Attorney General of Wisconsin — Opinion September 18, 1974. Religion; University; Leasing of University buildings to a religious congregation during nonschool days and hours on a temporary basis while the congregation’s existing facility is being renovated and leasing convention space to a church conference would […]

THE HONORABLE, THE ASSEMBLY. Attorney General of Wisconsin — Opinion. February 17, 1972. Relocation Payments — Condemnation — Question of whether ch. 103, Laws of 1971 (amending sec. 32.19, Stats.), considered with other applicable state law, places Wisconsin in compliance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of […]

GARY I. GATES, Secretary Department of Employe Trust Funds Attorney General of Wisconsin — Opinion March 18, 1992 Employe Trust Funds Board; Legislation; Statutory changes to the state accumulated sick leave conversion credit program contained in 1991 Wisconsin Act 39 (1991 budget bill) which determine the conversion credit based on a salary rate determined after […]

GARY J. SCHUSTER, District Attorney Door Count Attorney General of Wisconsin — Opinion July 22, 1983 Arrest, Counties; Drunk Driving, Counties can enter into reciprocal mutual assistance agreements whereby they can agree in advance to cooperate in the arrest of persons suspected of violating drunk driving laws who are involved in an accident in one […]

FRANK MEYERS, Division of Criminal Investigation, Department of Justice. Attorney General of Wisconsin — Opinion. August 20, 1973. Criminal Law — Illegality of Michigan lottery activities in Wisconsin discussed. Chapter 945, Stats. ROBERT W. WARREN, Attorney General FRANK MEYERS, Division of Criminal Investigation, Department of Justice You have requested my opinion on several questions involving […]

BARBARA NICHOLS, Secretary Department of Regulation and Licensing Attorney General of Wisconsin — Opinion August 23, 1983 Licenses And Permits; Pharmacy; Out-of-state pharmacist not registered in Wisconsin is in violation of sections 450.04(2) and 450.07(3), Stats., where he or she on a regular and continuing basis solicits orders for the retail sale of prescription drugs, […]

WALTER F. WEBBER, Secretary, State Bond Board. Attorney General of Wisconsin — Opinion. February 25, 1972. State Bond Board — Sinking Funds — Terms of statute in effect at time of bond issue providing for specific transfers of funds to sinking fund are a part of the bond obligation which cannot be changed by retroactive […]

ROBERT D. ZAPF, District Attorney Kenosha County Attorney General of Wisconsin — Opinion October 1, 1987 District Attorney; Law Enforcement; Police; The police may justifiably prevent a district attorney from inspecting their investigation files on pending criminal cases to determine whether there is exculpatory evidence which must be disclosed to a defendant only in those […]

GERALD K. ANDERSON, District Attorney, Waupaca County Attorney General of Wisconsin — Opinion. May 10, 1973. Witnesses — Police — Where it is duty or county traffic officer to prosecute or assist in prosecution of county traffic offense he is not entitled to witness fees but may be paid additional compensation where duty takes place […]

DANIEL L. LAROCQUE, District Attorney, Marathon County. Attorney General of Wisconsin — Opinion. May 3, 1972. Liquor License — Decennial Federal Census — Quota of liquor licenses that may be issued by town is tied to population as determined by decennial federal census. ROBERT W. WARREN, Attorney General DANIEL L. LAROCQUE, District Attorney, Marathon County […]

MATTHEW F. ANICH, District Attorney Ashland County Attorney General of Wisconsin — Opinion August 27, 1985 Coroner, A county coroner can legally appoint a deputy coroner after the time limit for such appointment set forth in section 59.365 (1), Stats. BRONSON C. La FOLLETTE, Attorney General MATTHEW F. ANICH, District Attorney Ashland County You request […]

MARK S. GEMPELER, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion June 17, 1980. Insurance; Judges; A county’s obligation to continue life insurance for those judges who have exercised the sec. 753.07 (4), Stats., option does not terminate when the county salary supplements end on July 1, 1980. Page 134 BRONSON C. La […]

WALTER L. WASHBURN, M.D., Secretary Medical Examining Board Department of Regulation and Licensing Attorney General of Wisconsin — Opinion April 14, 1982. Physicians And Surgeons; There is no violation of the “fee splitting” statute, sec. 448.08(1), Stats., where a physician, through a service corporation owned by the physician, bills the patient for his own services, […]

THE HONORABLE, THE SENATE Attorney General of Wisconsin — Opinion May 22, 1974 Social Development; Municipalities; Functions of a community relations — social development commission authorized under sec. 66.433, Stats., are not limited to study, analysis and planning, but have authority to carry out some human relations programs providing services directly to citizens. Page 183 […]

THOMAS A. STARR, District Attorney Chippewa County Attorney General of Wisconsin — Opinion October 27, 1989 Arrest; Criminal Law; Law Enforcement; Police; A warrantless arrest and detention for bail jumping, section 946.49, Stats., is authorized if probable cause exists that the arrestee violated the contact prohibition in section 968.075 (5)(a)1. after being released under chapter […]

LOWELL B. JACKSON, Secretary Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion March 17, 1982. Constitutionality, Federal Aid; Funds, Borrowing money from the federal government to replenish Wisconsin’s unemployment compensation fund, under the arrangements prescribed by federal law, does not contravene either Wis. Const. art. VIII, sec. 3 or 4. […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion September 17, 1979. Natural Resources, Department Of; Words And Phrases; Without more explicit direction from the Legislature, current statutory or case authority does not authorize the Department of Natural Resources to establish a wetlands activity permit program, although many marshes or […]

JAMES E. DOYLE, JR., District Attorney Dane County Attorney General of Wisconsin — Opinion June 27, 1979. Law Enforcement; Private Detectives; State Seal; Wisconsin Administrative Code section RL 3.24 prohibits use of any badge by those engaged in private detective activity. Non-misleading private use by those not engaged in private detective activity not prohibited by […]

GERARD S. PARADOWSKI, Acting Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion May 21, 1980. County Board; 51.42 Board; The county board of supervisors may require its approval of contracts for purchase of services by the community services board if so specified in its Coordinated Plan and Budget. Otherwise it may not. BRONSON […]