Category: Wisconsin Attorney General Opinions

EVERETT E. BOLLE, Director of Legislative Services, Wisconsin State Assembly Attorney General of Wisconsin — Opinion December 20, 1977. Appropriations And Expenditures; Constitutionality; County Board; Elections; Vocational, Technical And Adult Education, Board Of; Votes And Voting; That part of sec. 67.12 (12)(e)5., Stats., requiring the petition requesting that a referendum be held on a vocational, […]

JOSEPH N. NOLL, Secretary Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion April 9, 1980. Counties, Words And Phrases; The state, its political subdivisions, and counties are not employers under sec. 103.37, Stats., and, therefore, are not subject to this statute which prohibits employers from requiring any employe or applicant […]

ED HINSHAW, Media Coordinator 4th Judicial District WTMJ AM-TV, WKTI TELTRON Attorney General of Wisconsin — Opinion October 17, 1978. Anti-Secrecy, Coroner; Open Meeting; Tape Recordings; Television; The open meeting law does not apply to a coroner’s inquest. BRONSON C. La FOLLETTE, Attorney General ED HINSHAW, Media Coordinator 4th Judicial District WTMJ AM-TV, WKTI TELTRON […]

GEORGE E. RICE, Acting Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion May 1, 1987 Clerk of Courts; Courts; Fees; In the appropriate case, a court may enforce the collection of the receiving and disbursing fee under section 814.61 (12)(b), Stats., for maintenance payments, child support or family support payments by entering an […]

CHANDLER MCKELVEY, Secretary Department of Development Attorney General of Wisconsin — Opinion October 2, 1981. Page 199 Farmland Preservation Project; Funds provided in the account under sec. 20.143(3)(ea), Stats., may be used for a proposed Statewide Mapping for Farmland Preservation Project if those funds are either utilized to carry out preliminary mapping functions or provided […]

DAVID A. DANZ, District Attorney Walworth County Attorney General of Wisconsin — Opinion October 21, 1985 Municipalities; Public Officials; Words And Phrases; Where a commission is created by two villages, acting pursuant to section 66.30, Stats., for a joint exercise of a power possessed by such villages, its voting members, whether drawn from the governing […]

GERALD C. NICHOL, District Attorney, Dane County. Attorney General of Wisconsin — Opinion. April 13, 1971. County Surveyor-Compensation Duties — Contracts — (Informal) — Compensation and duties of elected county surveyor discussed. Possible conflict of interest in public contracts. ROBERT W. WARREN, Attorney General GERALD C. NICHOL, District Attorney, Dane County You have requested my […]

HAROLD D. GEHRKE, City Attorney Wauwatosa Attorney General of Wisconsin — Opinion August 6, 1979. Civil Rights; Discrimination; Licenses And Permits; Section 66.054 (11), Stats., which permits the issuance of bartenders’ licenses to persons of “good moral character” does not automatically preclude issuance to a former offender, especially in light of sec. 111.32 (5)(h), Stats., […]

GEORGE E. RICE, Acting Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion June 3, 1988 Attorney General; Contracts; County Board; Ordinances; Public Works; The Milwaukee County board may not delegate the exclusive authority to approve contracts for budgeted public works projects to the museum board or to the zoological board. Except in extraordinary […]

ROBERT C. ZIMMERMAN, Secretary of State Attorney General of Wisconsin — Opinion September 30, 1974. Secretary of State; Changes in Uniform Commercial Code filing procedures brought about by the amendments to secs. 409.401 (1) (c) and 409.403 (1), Stats., by ch. 215, Laws of 1973, discussed. ROBERT W. WARREN, Attorney General ROBERT C. ZIMMERMAN, Secretary […]

RICHARD C. KELLY, District Attorney, Juneau County Attorney General of Wisconsin — Opinion July 10, 1974. Counties; Real Estate; Register Of Deeds; In a county maintaining a tract index system, the register of deeds must enter into the index any deed, mortgage or other instrument recorded in his office which affects title to or mentions […]

ROBERT RUSCH, District Attorney, Taylor County. Attorney General of Wisconsin — Opinion. June 25, 1973. Criminal Law — The “silent auction” is not a lottery because the element of “prize” is not present. ROBERT W. WARREN, Attorney General ROBERT RUSCH, District Attorney, Taylor County You have requested my opinion as to the legality under the […]

ROBERT P. SORENSEN, PH.D., State Director Wisconsin Board of Vocational, Technical and Adult Education Attorney General of Wisconsin — Opinion July 15, 1988 Liability; Vocational, Technical And Adult Education; The limitation of damages by section 893.80(3), Stats., in actions founded upon tort against governmental bodies, officers, agents or employes, unless modified or rendered inapplicable by […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion March 8, 1988 Automobiles And Motor Vehicles, Forests; Highways; Words And Phrases; County forest roads which are open to vehicular traffic are highways which can be designated as all-terrain vehicle routes under section 23.33 (8)(b), Stats., and minors under sixteen years of […]

JOHN P. ZAKOWSKI, District Attorney Brown County Attorney General of Wisconsin — Opinion December 19, 1988 Job Training Partnership Act; Private Industry Council; Public Officials; Words And Phrases; Section 946.13(1)(a), Stats., may be violated by members of Private Industry Councils when private or public entities of which they are executives, directors or board members receive […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion March 1, 1979. Public Records; Right to privacy law, sec. 895.50, Stats., does not affect duties of custodian of public records under sec. 19.21, Stats. BRONSON C. La FOLLETTE, Attorney General ANTHONY S. EARL, Secretary Department of Natural Resources You state […]

TIM CULLEN, Chairman Senate Organization Committee Attorney General of Wisconsin — Opinion October 21, 1986 Attorneys; Corporations; Dentistry; Optometry; Physicians and Surgeons; Restrictions on business corporations providing medical, legal and dental services discussed. BRONSON C. La FOLLETTE, Attorney General TIM CULLEN, Chairman Senate Organization Committee As chair of the Senate Organization Committee you have requested […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion November 28, 1979. Schools And School Districts; Taxation; When school taxes are collected on property in school district A but are erroneously paid to school district B, school district A is entitled, under sec. 74.78, Stats., to recover the amount […]

ROBERT P. RUSSELL, Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion April 26, 1979. Counties; County Treasurer; The county treasurer does not have power to manage and administer the investment of county funds, such powers by reason of sec. 59.75 (1), Stats., being for the county board or of a committee thereof, and […]

CLETUS J. HANSEN, Director Real Estate Bureau Department of Regulation and Licensing Attorney General of Wisconsin — Opinion January 25, 1982. Corporations; Real Estate Brokers, A corporation cannot be licensed as a real estate salesperson under ch. 452, Stats. (1979-80), or as revised by ch. 94, Laws of 1981. BRONSON C. La FOLLETTE, Attorney General […]

MICHAEL T. SOLOVEY, District Attorney Juneau County Attorney General of Wisconsin — Opinion June 1, 1978. County Judge; Discrimination, Employer And Employe, Public Officials, Register In Probate; A register in probate is protected by the Fair Employment Act, which protection is not affected by a defect in the appointment. BRONSON C. La FOLLETTE, Attorney General […]

HOWARD G. BJORKLUND, Administrator Division of Law Enforcement Services Department of Justice Attorney General of Wisconsin — Opinion February 26, 1979. Police; Sheriffs; Previous opinion at 65 Op. Att’y Gen. 273 (1976), to the effect that sec. 66.11 (1), Stats., is unconstitutional to the extent that it requires U.S. citizenship of police officers and deputy […]

DENNIS E. KENEALY, Corporation Counsel, Ozaukee County Attorney General of Wisconsin — Opinion February 28, 1990 Constitutionality; Legislation; The provisions of the 1983 Budget Act restricting the expenditure of state and federal funds for the construction of additional lanes on I-43 in Milwaukee and Ozaukee Counties do not violate the requirement of Wisconsin Constitution article […]

L.P.VOIGT, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion March 27, 1974. Counties; Zoning; County shoreland zoning of unincorporated areas adopted pursuant to sec. 59.971, Stats., is not superseded by municipal extraterritorial zoning under sec. 62.23 (7a) . Sections 59.971, 62.23 (7), 62.23 (7a) and 144.26 discussed. Municipal extraterritorial zoning within shorelands […]

TOM LOFTUS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion March 9, 1987 Cooperative Educational Services Agencies; Schools And School Districts; State Aid; A school district and a cooperative educational service agency may not, without legislative authority, contract with a private driving school and receive state aid for pupil driving instruction services performed […]

HERBERT J. GROVER, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion September 17, 1992 Administrative Code; Discrimination; Indians; Schools And School Districts; Words And Phrases; Discrimination such as the use by public schools of American Indian logos, mascots or nicknames does come within the purview of section 118.13 of the Wisconsin […]

HERBERT J. GROVER, Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion May 30, 1990 Children; Schools And School Districts; Parents who unilaterally remove a child from an exceptional educational needs placement violate the compulsory education statute. DONALD J. HANAWAY, Attorney General HERBERT J. GROVER, Superintendent Department of Public Instruction You have asked […]

FRED A. RISSER, Chairman Committee on Senate Organization Attorney General of Wisconsin — Opinion November 3, 1976. Criminal Law; Senate; Legislature; Public Officials; A vacancy in the office of a state senator is created under the provisions of Art. XIII, see. 3 and Art XIII, sec. 10, Wis. Const., as implemented by see. 17.03 (5), […]

DAVID C. RESHESKE, District Attorney Washington County Attorney General of Wisconsin — Opinion September 1, 1987 Automobiles And Motor Vehicles, Police; An unmarked police vehicle displaying flashing red and blue lights is not a marked vehicle for purposes of section 346.04 (3), Stats. DONALD J. HANAWAY, Attorney General DAVID C. RESHESKE, District Attorney Washington County […]

DAVID H. RAIHLE, Corporation Counsel Chippewa County Attorney General of Wisconsin — Opinion February 18, 1981. Counties; Hill-Burton Act (Federal), Medical Aid; Counties are liable to reimburse emergency medical relief claims upon satisfaction of the prerequisites in sec. 49.02 (5), Stats., and medical facilities are not foreclosed from submitting such claims nor are counties empowered […]

THE HONORABLE, THE SENATE Attorney General of Wisconsin — Opinion August 16, 1974. Legislation; Statutes; A bill such as 1973 Assembly Bill 1480 would probably result in a valid law even if the procedures specified in sec. 13.50 (6), Stats., are disregarded by the legislature. When an act is passed by both houses, in accordance […]

FREDERIC W. FLEISHAUER, District Attorney Portage County Attorney General of Wisconsin — Opinion December 29, 1980 Confidential Reports; Counties; Public Health; Before client information is released to another division within a county community human services department, a written and informed consent is necessary. The community human services board and the director may view client information […]

GLENN L. HENRY, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion February 15, 1977. Nurses; Public Health; Counties; County may contract with city for the joint provision of public health nursing services under sec. 66.30 (2), Stats. BRONSON C. La FOLLETTE, Attorney General GLENN L. HENRY, Corporation Counsel Dane County You request my […]

GEORGE H. HANDY, M.D., State Health Officer Department of Health and Social Services Attorney General of Wisconsin — Opinion May 16, 1974 Public Health; Funeral Directors And Embalmers; Although sec. 156.03 (2) (a), Stats., authorizes the state health officer and the examining council by joint action to make rules governing the business practices of funeral […]

FRANK VOLPINTESTA, Corporation Counsel Kenosha County Attorney General of Wisconsin — Opinion September 25, 1984 COUNTIES; 51.42 BOARD; PUBLIC OFFICIALS; VETERANS; Persons appointed by county executive and confirmed by county board to County Veterans Service Commission, single county 51.42 board or county institutions board serve for statutory term as stated in years and until their […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion October 27, 1989 Funeral Directors and Embalmers; Insurance; Funeral service persons may be involved in the sale of life insurance if such insurance is not linked in any way to funeral or burial services. DONALD J. HANAWAY, Attorney General FRED A. RISSER, […]

TIMOTHY F. CULLEN, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion March 10, 1988 Garnishment; Landlord And Tenant; The recently enacted provisions of section 49.41 (2), Stats., which provide that effective April 1, 1988, grants of AFDC may be garnisheed by landlords as provided under section 812.233, conflict with provisions […]

WILLIAM H. HUGHES, Commissioner of Credit Unions Attorney General of Wisconsin — Opinion March 24, 1975 Corporations; Credit Unions; The Wisconsin Credit Union Share Insurance Corporation does not have authority unilaterally to regulate the credit union industry of this state. BRONSON C. La FOLLETTE, Attorney General WILLIAM H. HUGHES Commissioner of Credit Unions You have […]

PHILIP E. LERMAN, Chairman Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion May 6, 1974 Industrial Development Corporation; Typical “turn-key” projects financed by industrial development revenue bonds pursuant to sec. 66.521, Stats., are not subject to sec. 66.293 (3), Stats. ROBERT W. WARREN, Attorney General PHILIP E. LERMAN, Chairman Department […]

TOM LOFTUS, Chairperson, Committee on Assembly Organization Attorney General of Wisconsin — Opinion February 5, 1990 Gambling; Lotteries; The operation of video poker games in Wisconsin, which involve the elements of prize, chance and consideration, constitutes the operation of gambling machines, does not constitute the conduct of an illegal lottery and the Legislature may therefore […]

EUGENE R. McPHEE, Associate Secretary, University of Wisconsin System. Attorney General of Wisconsin — Opinion. November 2, 1971. Board of Regents — Student Participation — (Informal) — Legality of having students and faculty voting participation on Board of Regents discussed. ROBERT W. WARREN, Attorney General EUGENE R. McPHEE, Associate Secretary, University of Wisconsin System You […]

THOMAS A. LOFTUS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion August 22, 1984 COUNTY EXECUTIVE; ORDINANCES; County executive’s power of partial approval under Wisconsin Constitution article IV, section 23a, extends to any part of a county board resolution or ordinance containing an appropriation. Status of veto power of executives in populous counties […]

JOE E. NUSBAUM, Secretary, Department of Administration. Attorney General of Wisconsin — Opinion. March 29, 1973. Workmen’s Compensation — Employer and Employe — Payment of the “supplemental benefit” of sec. 102.44 (1), Wis. Stats., as created by ch. 148, Laws of 1971, is not precluded to former state employes by Art. IV, sec. 26 of […]

CHARLES A. POLLEX, District Attorney Adams County Attorney General of Wisconsin — Opinion November 3, 1976. Public Records; Deeds; Register of Deeds; County Board; Counties; When in its judgment the existing tract index, for any reason, is unfit, unreliable or unserviceable, the county board of any county may contract with a competent person for the […]

WILLIAM G. THIEL, Corporation Counsel Eau Claire County Attorney General of Wisconsin — Opinion February 15, 1979. County Board; Section 59.025, Stats., does not authorize a county board of supervisors to alter the number of commissioners of the county housing authority or the terms of office of such commissioners, as established by sec. 66.40 (5)(a), […]

F.R. SCHWERTFEGER, Corporation Counsel, Dodge County. Attorney General of Wisconsin — Opinion. April 10, 1972. Register of Deeds — Correction Of Records — Register of deeds does not have authority to correct original recording of deed made by predecessor. ROBERT W. WARREN, Attorney General F.R. SCHWERTFEGER, Corporation Counsel, Dodge County Page 190 You request my […]

FRANK VOLPINTESTA, Corporation Counsel Kenosha County Attorney General of Wisconsin — Opinion August 1, 1988 Acquired Immune Deficiency Syndrome; County Board; Marriage And Divorce; A county board has no statutory authority to charge a higher marriage license fee to certain nonresidents who would be required to submit to AIDS testing in their home state or, […]

TRUMAN Q. MCNULTY, Chairman, Board of Health and Social Services, WILBUR J. SCHMIDT, Secretary, Department of Health and Social Services. Attorney General of Wisconsin — Opinion. July 26, 1973. Nursing Homes — Health and Social Services, Department of — Hospitals — The Department of Health and Social Services through its Board does not have statutory […]

DAVID T. PROSSER, JR., District Attorney, Outagamie County Attorney General of Wisconsin — Opinion November 21, 1977. Civil Service; Counties; Ordinances; Public Officials; Residence, Domicile And Legal Settlement; Sheriffs; Deputy sheriff appointed under sec. 59.21 (2) and (8)(a), Stats., must be a resident of the state and must, before qualifying and serving, be a resident […]

MICHAEL J. MULROY, District Attorney La Crosse County Attorney General of Wisconsin — Opinion January 19, 1983 Counties; District Attorney; A multi-county prosecutorial system could be established, consistent with article VI, section 4, of the Wisconsin Constitution, by reorganizing certain counties and joining them solely for prosecutorial purposes, while allowing them to remain separate for […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion August 26, 1988 Confidential Reports; Inebriates And Drug Addicts; Minors; Except for those services for which parental consent is necessary under section 51.47(2), Stats., a physician or health care facility may release outpatient or detoxification services information only with the consent of […]

DOUGLAS E. BREISCH, News Director WIZM, La Crosse Attorney General of Wisconsin — Opinion July 29, 1977. Cities, Forfeitures; Liability, Municipalities; Open Meeting, Public Officials; Reimbursement; Pursuant to sec. 895.35, Stats., a city council can, in limited circumstances, reimburse a council member for reasonable attorneys’ fees incurred in defending an alleged violation of the open […]

DANIEL L. LAROCQUE, District Attorney, Marathon County. Attorney General of Wisconsin — Opinion. December 24, 1971. Microfilming — Authorized Records — (Formal) — Registers of deeds in counties under 500,000 cannot utilize microfilming to comply with initial duty to record or file documents unless county board has elected to be controlled by ch. 228, Stats., […]

PAUL M. NEWCOMB, Corporation Counsel, Sauk County Attorney General of Wisconsin — Opinion November 15, 1974. Vocational, Technical And Adult Education, Board Of; Section 67.12 (12) (e) 5, 6, created by ch. 250, Laws of 1973, is construed to permit a vocational, technical and adult education district board to initiate a referendum on question of […]

L.P. VOIGT, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion October 15, 1975. Counties; Waters; A bulkhead line is not legally established if the ordinance for the establishment of the line and accompanying map have not been filed with the register of deeds of the county in which the affected waters lie. […]

WILLIAM R. BECHTEL, Secretary, Department of Local Affairs and Development Attorney General of Wisconsin — Opinion December 30, 1975. Plats And Platting; Unless a condominium under ch. 703, Stats., actually involves a division of land, or successive divisions of land, it is not subject to the land platting and subdivision approval requirements of ch. 236, […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion December 11, 1990 Emergency Medical Technician; Medical Aid; National Ski Patrol; Incidental benefits received by volunteer members of National Ski Patrol in exchange for rendering emergency care to disabled skiers may result in loss of civil liability immunity under Good Samaritan Law. […]

RICHARD L. HAMILTON, Corporation Counsel Outagamie County Attorney General of Wisconsin — Opinion April 25, 1979. County Board; Elections; Chapter 220, Laws of 1977, effective April 7, 1978, expressly authorizes a county board to conduct a county referendum for advisory purposes or as a conditional element which would determine whether an enactment becomes effective. BRONSON […]

WILLIAM N. BELTER, District Attorney Waushara County Attorney General of Wisconsin — Opinion April 24, 1974 Weights And Measures; Licenses And Permits; Legislature has manifested intent that closing hour for premises for which retail Class “B” liquor and beer licenses have been issued in counties having less than 500,000 population advance from 1:00 a.m. to […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion May 4, 1979. Public Health; Schools And School Districts; A school district may contract with a vocational, technical and adult educational district pursuant to sec. 66.30, Stats., for a health occupations course to be taught in the public high school, […]

WILLIAM LEITSCH, Corporation Counsel, Columbia County Attorney General of Wisconsin — Opinion September 17, 1974. Counties; Sheriffs; A county sheriff’s department is not a consumer reporting agency subject to the Fair Credit Reporting Act. The Federal Trade Commission has taken an opposite position. ROBERT W. WARREN, Attorney General WILLIAM LEITSCH, Corporation Counsel, Columbia County You […]

ROBERT G. MAWDSLEY, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion September 16, 1983 Fees; Public Records; Under the public records law, the fee for copying public records may include a component for labor expenses actually, necessarily and directly incurred in connection with reproduction of public records; search fees cannot be charged as […]

GERALD K. ANDERSON, District Attorney, Waupaca County. Attorney General of Wisconsin — Opinion. February 27, 1973. Law Enforcement — Minors — Confidential Reports — Identification records should be made by local law enforcement agencies of juveniles arrested or taken into custody pursuant to sec. 165.83 (2), Stats., for confidential reporting to the Department of Justice. […]

WILLIAM G. WEILAND, Corporation Counsel Wood County Attorney General of Wisconsin — Opinion September 1, 1988 Property; Taxation; Section 74.73(2), Stats., provides that where a town, city or village refunds property taxes erroneously assessed as a result of an error or defect of law not caused by such local taxing jurisdiction or an official thereof, […]

DAVID NIBLACK, State Public Defender Attorney General of Wisconsin — Opinion November 24, 1982. Indigent; Public Defenders; The State Public Defender has discretion under sec. 977.05(4)(j), Stats., to refuse appointment for indigents in conditions of confinement cases and in cases seeking post-conviction and post-commitment remedies where there is no absolute right to counsel. BRONSON C. […]

LEONARD HAAS, Executive Vice President, University of Wisconsin System. Attorney General of Wisconsin — Opinion. September 15, 1972. Political Solicitation — Universities — Ruling by Chancellor of University of Wisconsin-Eau Claire denying request to conduct door-to-door solicitation in residence halls. ROBERT W. WARREN, Attorney General LEONARD HAAS, Executive Vice President, University of Wisconsin System Your […]

LA VERNE AUSMAN, Secretary Department of Agriculture, Trade and Consumer Protection Attorney General of Wisconsin — Opinion May 9, 1985 Farmland Preservation Act; Land Conservation Board; Zoning; The Land Conservation Board has authority to prospectively revoke an exclusive agricultural zoning ordinance certification granted under sections 91.06 and 91.78, Stats. Notice and an opportunity to be […]

FRED A. RISSER, President State Senate Attorney General of Wisconsin — Opinion June 22, 1981. Wisconsin Relocation Assistance Act; Words And Phrases; A tenant who rents or leases a new parcel of property in reasonable anticipation of displacement prior to actual displacement is entitled to receive replacement payments as provided by sec. 32.19(4m)(b), Stats. BRONSON […]

JOHN A. BODNAR, Corporation Counsel Winnebago County Attorney General of Wisconsin — Opinion June 14, 1991 Property; Register Of Deeds; Taxation; The register of deeds and county or municipal tax listing officials may accept for filing, as an alternative to other statutory proceedings, for the eventual purpose of changing tax bill listings an affidavit of […]

Excerpt from the minutes of the regular meeting of the Regents of the University of Wisconsin held Friday, October 8, 1971. Attorney General of Wisconsin — Opinion. October 8, 1971. Salary Increases — University of Wisconsin — (Formal) — Contracts between the Board of Regents and employes of the University were entered into on October […]

DORIS J. HANSON, Secretary Department of Administration Attorney General of Wisconsin — Opinion March 18, 1985 Bids And Bidders; Contracts; The preference for Wisconsin businesses included in sections 16.75 and 16.855, Stats., applies only when a Wisconsin business and an out-of-state business submit identical, low bids. Page 48 BRONSON C. La FOLLETTE, Attorney General DORIS […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion August 21, 1987 Bids And Bidders; County Board; Words And Phrases; Section 59.08(1), Stats., does not apply to architectural services. DONALD J. HANAWAY, Attorney General DARWIN L. ZWIEG, District Attorney Clark County You ask whether architectural services are subject to the competitive […]

REUBEN LaFAVE, Chairman, Joint Survey Committee on Retirement Systems. Attorney General of Wisconsin — Opinion. August 12, 1971. Retirement Allowances — Augmented Benefits to Retired State Employes — (Formal) — The proposed statute changes contained in Assembly Substitute Amendment 1 to 1971 Assembly Bill 541 to increase retirement allowances of retired members of the Wisconsin […]

HOWARD B. EISENBERG, State Public Defender Attorney General of Wisconsin — Opinion December 16, 1977. Indians; Indigent; Public Defenders; Wisconsin Indian Legal Services Center, Inc., is not a “local public defender organization,” and the Public Defender Board has no authority to contract with such nonstock corporation for the furnishing of legal services to indigents pursuant […]

ROGER L. HARTMAN, District Attorney Buffalo County Attorney General of Wisconsin — Opinion May 6, 1976 County Board; County Treasurer; A county board does not have power to deny salary to a county treasurer during a period of sickness where such official has not resigned or has not been removed for cause. Under present statutes […]

NORMAN M. CLAPP, Secretary, Department of Transportation Attorney General of Wisconsin — Opinion August 29, 1974. Courts; Traffic; Courts may not dismiss traffic complaints on payment of penalty and costs, or costs alone. ROBERT W. WARREN, Attorney General NORMAN M. CLAPP, Secretary, Department of Transportation Records on file with the Division of Motor Vehicles show […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. May 24, 1972. Voter Registration — Age Of Majority Law — Chapter 213, Laws of 1971, which reduces age of majority in Wisconsin, and the Twenty-Sixth Amendment to the United States Constitution, which reduces the minimum voting age from 21 to 18 years […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County. Attorney General of Wisconsin — Opinion. June 15, 1971. Public Purpose Doctrine — Public Housing — (Informal) — Milwaukee County has authority to acquire vacant land on open market and resell it at a reduced price to private parties under a contract of sale which requires purchasers to […]

DAVID W. ADAMANY, Secretary, Department of Revenue Attorney General of Wisconsin — Opinion November 21, 1974. Municipalities; Taxation; There is no constitutional prohibition against increasing either municipal tax rate limitations or increasing the municipal tax base. However, a constitutional amendment would be required to increase municipal debt limitations. VICTOR A. MILLER, Attorney General DAVID W. […]

JAMES R. ERICKSON, District Attorney, Polk County. Attorney General of Wisconsin — Opinion. March 23, 1971. Legal Notices — Official Newspapers — (Informal) — A A county board may not designate more than one newspaper having a general circulation in the county as its official newspaper. However, the county board may direct that a particular […]

MICHAEL T. SOLOVEY, District Attorney, Juneau County Attorney General of Wisconsin — Opinion October 9, 1975. Counties; Pharmacy; County supervisor who is pharmacist is probably not in violation of sec. 946.13, Stats., when he furnishes prescription services to medicaid patients where state is solely liable for payment. Page 109 BRONSON C. La FOLLETTE, Attorney General […]

ZEL S. RICE II, Secretary, Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion December 27, 1978. Civil Service; Elections; Industry, Labor And Human Relations, Department Of; Discussion of restrictions on political activities of state employes under federal and state law. Page 316 BRONSON C. La FOLLETTE, Attorney General ZEL S. […]

ED JACKAMONIS, Speaker State Assembly Attorney General of Wisconsin — Opinion August 21, 1981. Governor; Legislation; The Governor may not alter vetoes on a partially approved and partially disapproved appropriation bill once the approved portion of the Act has been delivered to the Secretary of State pursuant to law and the disapproved portion returned to […]

RAY A. SUNDET, Corporation Counsel, La Crosse County. Attorney General of Wisconsin — Opinion. August 10, 1972. Small Claims Court — Records — A judge may destroy records without making a copy per sec. 59.715 (20) (c), Stats., only if he deems such both “obsolete and useless.” ROBERT W. WARREN, Attorney General RAY A. SUNDET, […]

RICHARD B. MCCONNELL, District Attorney, Waukesha County. Attorney General of Wisconsin — Opinion. October 25, 1972. County Elective Officers — Compensation — County board may not establish a step-salary program for elective officials based upon experience or longevity. ROBERT W. WARREN, Attorney General RICHARD B. MCCONNELL, District Attorney, Waukesha County You request my opinion whether […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion April 23, 1979. Circuit Judge; County Board; Sections 20.923 (3m) and 753.071, Stats., constitutionally empower counties to reduce the county supplements to the state-paid salaries of circuit judges between August 1, 1978, and June 30, 1980, provided that there is compliance with […]

TOM LOFTUS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion September 2, 1987 Funds; Legislation; Retirement Systems; Wisconsin Retirement System; Words And Phrases; Only the portion of 1987 Assembly Bill 265 that increases benefits for persons no longer working for a Wisconsin Retirement System participating employer is subject to the three-fourths vote requirement […]

JOHN T. COUGHLIN, Secretary Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion November 9, 1987 Administrative Code; Industry, Labor And Human Relations, Department Of; Wis. Admin. Code § ILHR 83.08 (1)(b), authorizing delegation by DILHR of one of its powers requiring the exercise of judgment to a county, was unlawful, […]

RICHARD OTTOW, Commissioner Credit Unions Attorney General of Wisconsin — Opinion April 17, 1984 CREDIT UNIONS; INSURANCE; Credit unions’ authority to engage in the sale of insurance is limited to credit life and credit accident and sickness insurance. BRONSON C. La FOLLETTE, Attorney General RICHARD OTTOW, Commissioner Credit Unions You have asked whether credit unions […]

JOHN E. FRYATT, District Attorney Waukesha County Attorney General of Wisconsin — Opinion May 9, 1985 Open Meeting; Schools And School Districts; In exceptional cases, section 19.85(1)(f), Stats., would permit a school board to reconvene into closed session to interview applicants for a vacant position on such board, but appointment should be made in open […]

J.S. HOLT, Acting Secretary, Board of Regents of the University of Wisconsin System. Attorney General of Wisconsin — Opinion. May 24, 1973. Trust Funds — Students — University — Student loan funds established by gift under sec. 36.065 for the benefit of students are trust funds. ROBERT W. WARREN, Attorney General J.S. HOLT, Acting Secretary, […]

EUGENE I. LEHRMANN, State Director, Board of Vocational, Technical and Adult Education. Attorney General of Wisconsin — Opinion. June 29, 1972. Public Records — VTAE District Schools — Public records subject to inspection and copying by any person would include list of students awaiting particular program in a Vocational, Technical and Adult Education District School. […]

DAVID E. HOEL, District Attorney Columbia County Attorney General of Wisconsin — Opinion December 24, 1981. Intoxicating Liquors; Minors; An adult who furnishes beer or liquor to a minor may not be charged with contributing to the delinquency of a child under sec. 947.15 (1)(a), Stats., if based on the minor’s possession of such items. […]

DR. HERBERT J. GROVER, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion May 21, 1985 Public Officials; Schools And School Districts; Section 118.12(1)(a), Stats., applies only to materials and items that are part of or reasonably could become part of a school district’s instructional process; enforcement authority usually lies with the […]

ZEL S. RICE Il, Secretary Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion August 28, 1978. Employer And Employe, Industry, Labor And Human Relations, Department Of; Unemployment Compensation; Although unemployment benefits erroneously paid constitute overpayments which the individual recipients should be required to repay, the Department of Industry, Labor and […]

JOHN W. STEVENS, Corporation Counsel, Marathon County Attorney General of Wisconsin — Opinion February 15, 1978. Counties; County Board; County Clerk; County Highway Committee; Highways; Insurance; Liability; County highway committee does not have power to examine, settle and pay liability claims against the county without final action by the county board. Page 48 BRONSON C. […]

ELAINE F. ELLIBEE, Secretary Administrator Board of Nursing and Division of Nurses Department of Regulation and licensing Attorney General of Wisconsin — Opinion June 24, 1975 Licenses And Permits; Nurses; Sections 441.04, 441.07 and 441.10, making citizenship a prerequisite to obtaining a certificate/license to practice nursing in the State of Wisconsin, are unconstitutional in that […]