Category: Wisconsin Attorney General Opinions

LOWELL B. JACKSON, Secretary Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion March 10, 1982. Migrant Workers; “Sharecropping” or other agreements attempting to establish the migrant worker as an independent contractor violate the Wisconsin Migrant Law, secs. 103.90–103.97, Stats. BRONSON C. La FOLLETTE, Attorney General LOWELL B. JACKSON, Secretary Department […]

FRED A. RISSER, President Wisconsin State Senate Attorney General of Wisconsin — Opinion January 29, 1980 Freedom of Speech; Juries; Sections 756.03 and 756.031, Stats., prohibiting a person from soliciting jury duty, are constitutional enactments. BRONSON C. La FOLLETTE, Attorney General FRED A. RISSER, President Wisconsin State Senate The Senate Committee on Organization has requested […]

T.N. FREDERICK, Corporation Counsel Juneau County Attorney General of Wisconsin — Opinion November 26, 1990 Counties; Residence, Domicile And Legal Settlement; Counties are financially responsible for providing mental health services to residents conditionally released under section 971.17, Stats. DONALD J. HANAWAY, Attorney General T.N. FREDERICK, Corporation Counsel Juneau County You ask whether Juneau County is […]

BURLEIGH A. RANDOLPH, District Attorney La Crosse County Attorney General of Wisconsin — Opinion April 3, 1974. Juvenile Court; The provisions of sec. 48.12, Stats., vest exclusive jurisdiction in the juvenile court over persons under 18 years of age who violate the provisions of secs. 66.054 (25) and 176.31, which impose criminal penalties on a […]

ANN JANSEN HANEY, Secretary Department of Regulation and Licensing Attorney General of Wisconsin — Opinion January 26, 1982. Hospitals, Public Records, Documents in the possession of the Wisconsin Hospital Rate Review Committee are not public records and, therefore, are not subject to right of inspection under sec. 19.21, Stats. The contract creating the Committee does […]

GLENN L. HENRY, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion April 7, 1981. County Board; Discrimination; Ordinances; A county may enact an ordinance requiring its contractors to agree to a policy of nondiscrimination in employment, even though such an ordinance provides broader protection than that afforded by state and federal equal employment […]

THE HONORABLE, THE ASSEMBLY Attorney General of Wisconsin — Opinion May 20, 1974 Legislature; The vote of an absent member of the joint committee for review of administrative rules cannot be counted. No time need be allowed for a roll call vote before the committee votes. Notwithstanding sec. 13.56 (2), Stats., to the contrary, the […]

JAMES MOHR, District Attorney Vilas County Attorney General of Wisconsin — Opinion March 2, 1979. Criminal Law; A forfeited cash bond may not be used to pay restitution to the victim of the crime. BRONSON C. La FOLLETTE, Attorney General JAMES MOHR, District Attorney Vilas County Prior to the recent expiration of his term, your […]

TIM CULLEN, Chairperson Committee on Senate Organization Attorney General of Wisconsin — Opinion September 12, 1986 Constitutional Law; State; Transportation; State regulation prohibiting single-hulled barges and requiring double-hulled barges on the Mississippi River adjacent to Wisconsin would violate the Supremacy Clause of the United States Constitution. BRONSON C. La FOLLETTE, Attorney General TIM CULLEN, Chairperson […]

ROBERT D. ZAPF, District Attorney Kenosha County Attorney General of Wisconsin — Opinion September 1, 1987 Circuit Court; Judges; Limits of a judge’s authority in presiding over or conducting a John Doe proceeding discussed. Section 968.26, Stats., is not unconstitutional as a violation of the separation of powers doctrine. DONALD J. HANAWAY, Attorney General ROBERT […]

DENNIS J. FLYNN, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion October 9, 1975. Housing; Municipalities; A county cannot use county funds and county employes to improve, reconstruct or repair homes of private citizens who do not qualify for aid under ch. 49, Stats., without utilizing a housing authority pursuant to secs. 59.075, […]

GERALD J. FERWERDA, Executive Secretary, State Elections Board Attorney General of Wisconsin — Opinion December 28, 1978. Elections; The provisions of sec. 11.50, Stats., created by ch. 107, Laws of 1977, which impose limits on the primary election campaign expenditures of candidates seeking public financing of their spring and general election campaigns are constitutional. BRONSON […]

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 […]

DAVID L. RUSCH, Chairman Funeral Directors Embalmers Examining Board Attorney General of Wisconsin — Opinion August 2, 1982. Burial; Funeral Directors And Embalmers; A manufacturer’s plan, involving the utilization of funeral directors on a fee basis in the sale of movable concrete burial vaults to consumers for future use and for delivery to a cemetery […]

MARCEL DANDENEAU, Chief Clerk Legislative Assembly Chamber Attorney General of Wisconsin — Opinion August 1, 1979. Taxation; Section 74.025, Stats., as amended, applies only to payment of property taxes by mail. BRONSON C. La FOLLETTE, Attorney General MARCEL DANDENEAU, Chief Clerk Legislative Assembly Chamber On behalf of the Committee on Assembly Organization you ask, in […]

TOMMY G. THOMPSON, Governor Attorney General of Wisconsin — Opinion February 20, 1989 Criminal Law; Firearm Owners’ Protection Act; Firearms; Section 941.29(5)(a), Stats., has been invalidated by congressional action. Pardons granted after November 15, 1986, will give recipients the right to receive, possess or transport in commerce firearms unless the pardon expressly provides otherwise. DONALD […]

DENNIS LIEDER, District Attorney Burnett County Attorney General of Wisconsin — Opinion February 10, 1987 Law Enforcement; Radio; Sheriffs; A sheriff’s actions in determining access to a county’s law enforcement channel are ministerial in nature. The negligent exercise of that authority could subject the sheriff to liability. DONALD J. HANAWAY, Attorney General DENNIS LIEDER, District […]

W. PATRICK DONLIN, District Attorney, Price County. Attorney General of Wisconsin — Opinion. September 6, 1972. Elections — Absentee Voting — Upon marriage to a Wisconsin serviceman, a nonresident wife may take Wisconsin voting residence of husband. ROBERT W. WARREN, Attorney General W. PATRICK DONLIN, District Attorney, Price County Page 366 You request my opinion […]

NORMAN M. CLAPP, Secretary, Department of Transportation. Attorney General of Wisconsin — Opinion. December 31, 1971. Public Records — Motor Vehicle Division — (Formal) — Under sec. 19.21 (2), Stats., the right to examine and copy records of the Division of Motor Vehicles relating to the licensing and regulation of motor vehicle dealers, distributors and […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion November 23, 1981. Children; County Board; Indian Child Welfare Act; Indians; Jurisdiction; Words And Phrases; Jurisdictional questions relating to the implementation of the Indian Child Welfare Act (25 U.S.C. sec. 1901 et seq.) discussed. BRONSON C. La FOLLETTE, Attorney […]

E. MICHAEL MCCANN, District Attorney Milwaukee County Attorney General of Wisconsin — Opinion June 23, 1982. Automobiles And Motor Vehicles; Municipalities; Ordinances; Local governments can prohibit first acts of operating after revocation or suspension, but second offense will not be a crime. BRONSON C. La FOLLETTE, Attorney General E. MICHAEL MCCANN, District Attorney Milwaukee County […]

ZEL S. RICE II, Secretary Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion August 25, 1978. Administrative Procedure; Industry, Labor And Human Relations, Department Of; The Department of Industry, Labor and Human Relations may not reopen and reconsider a decision after the time specified in sec. 108.09 (6), Stats. BRONSON […]

C.D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion December 30, 1985 Conservation; Indians, Law Enforcement; Menominee Indians; Sheriffs; State and county conservation wardens and sheriff’s officers have authority under state law to arrest a Menominee Indian suspect on the reservation following fresh pursuit for an off-reservation violation of state law, […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion August 24, 1987 Oneida Indians; Waste Management; The Oneida Tribe is not a “municipality” within the meaning of sections 66.20 to 66.26, Stats. The Green Bay Metro Sewerage District may enter into an enforceable contract with the Tribe if certain conditions are […]

RICHARD A. ERNEY, Associate Director, State Historical Society of Wisconsin Attorney General of Wisconsin — Opinion September 24, 1976. Malt Beverages; Intoxicating Liquors; Beer; Licenses And Permits; Historical Society, State; Taverns; Liquors; Under sec. 44.02 (5), Stats., the State Historical Society may properly engage in the dispensing of fermented malt beverages in the Village Tavern […]

DEBRA L. WOJTOWSKI, Corporation Counsel Pierce County Attorney General of Wisconsin — Opinion September 28, 1989 Counties; County Board; County Human Services Board; A county human services board may not delegate the duties described in section 51.437 (9)(am), (b), (e) and (g), Stats., to the long-term support planning committee created by section 46.27 (4). DONALD […]

THE HONORABLE, THE SENATE. Attorney General of Wisconsin — Opinion. May 28, 1971. Usury Law — Retroactive Abrogation of Penalties — (Formal) — Bill 277, S, relating to the retroactive abrogation of penalties under sec. 138.06, Stats., would be constitutional if enacted into law. ROBERT W. WARREN, Attorney General THE HONORABLE, THE SENATE. By Resolution […]

ROY E. HAYS, Executive Secretary, Wisconsin Real Estate Examining Board. Attorney General of Wisconsin — Opinion. December 31, 1971. Real Estate Examining Board — Mortgage Brokers — (Formal) — Federal National Mortgage Association is exempt from the requirements of sec. 452.09, Stats., but private mortgage bankers or mortgage brokers licensed as real estate Page 515 […]

Mr. Larry E. Nelson Attorney General of Wisconsin — Opinion September 9, 1994 In a county which does not have a county executive or county administrator, the personnel committee of a county board does not possesses the statutory authority to remove the county social services director. The county board in such a county may not, […]

CHARLES P. SMITH, State Treasurer. Attorney General of Wisconsin — Opinion. January 7, 1972. Constitutional Officers — Salaries — The state treasurer is not authorized by law to approve payment for salaries of state constitutional officers prior to the time their services have been rendered to the state of Wisconsin. Sections 16.53 (1) (b) and […]

DORIS J. HANSON, Secretary Department of Administration Attorney General of Wisconsin — Opinion October 7, 1985 State; Taxation; A deficit reported in financial statements prepared in accordance with Generally Accepted Accounting Principles would not violate article VIII, section 5 of the Wisconsin Constitution, which requires a balanced budget. BRONSON C. La FOLLETTE, Attorney General DORIS […]

DENNIS J. FLYNN, Corporation Counsel Racine County Attorney General of Wisconsin — Opinion June 23, 1975 Wisconsin Retirement Fund; The prior service credit for elected officials participating in the Wisconsin Retirement Fund, authorized by ch. 288, Laws of 1973 (sec 41.02 (12) (i), Stats.), may be paid in whole or in part by the governmental […]

JON LITSCHER, Secretary Department of Employment Relations Attorney General of Wisconsin — Opinion June 26, 1992 Civil Rights; The federal Civil Rights Act of 1991 does not prohibit expanded certification under section 230.25 (1n), Stats. JAMES E. DOYLE, Attorney General JON LITSCHER, Secretary Department of Employment Relations You ask whether the federal Civil Rights Act […]

MARLENE A. CUMMINGS, Secretary Department of Regulation Licensing Attorney General of Wisconsin — Opinion November 24, 1987 Funeral Directors And Embalmers; Insurance; A plan whereby a funeral service person (a licensed funeral director, operator of a licensed funeral establishment or an employe of the same) also acts as an insurance agent and as such writes […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion October 5, 1979. Emergency Medical Technician; Paramedic, Words And Phrases; The Department of Health and Social Services by rule may authorize the ambulance attendants to perform emergency care services which the statutes specify also are performable by paramedics, but […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion June 16, 1988 Constitutional Law; Constitutionality; Real Estate; Taxation; Section 70.325, Stats., violates article VIII, section 1 of the Wisconsin Constitution. DONALD J. HANAWAY, Attorney General FRED A. RISSER, Chairperson Senate Organization Committee On behalf of the Senate Organization Committee you have […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion July 24, 1981. Counties; County Corporation Counsel; District Attorney; The duty to represent the county department of social services rests solely with the district attorney or corporation counsel and county boards lack the authority to engage and compensate any […]

THOMAS SCHROEDER, Corporation Counsel Rock County Attorney General of Wisconsin — Opinion December 28, 1990 Confidential Reports; Counties; Public Records; Members of a social services board in a county with a county executive or a county administrator may be granted access to child abuse and neglect files pursuant to section 48.981 (7)(a)2. of the statutes […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion February 2, 1976 Anti-Secrecy; Public Records; Pupil information which local education agencies are required to release to the Department of Public Instruction under the reporting provisions of ch. 89, Laws of 1973, may be provided, with or without permission, without […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion May 23, 1988 Bridges; Natural Resources, Department Of; Railroads; The Department of Natural Resources is not governed by section 190.08, Stats., relating to the duty of corporations to maintain bridges and other structures, where the Department of Natural Resources has acquired […]

TIMOTHY F. CULLEN, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion November 11, 1987 Children; Counties; Health And Social Services, Department Of; A county department of social services or county department of human services may not contract with other agencies to obtain section 48.981, Stats., reporting or investigatory services in […]

E. MICHAEL McCANN, District Attorney Milwaukee County Attorney General of Wisconsin — Opinion December 17, 1985 Discrimination; Housing, Milwaukee County; Counties may adopt and enforce fair housing ordinances under section 66.432, Stats., in municipalities within such counties which already have enacted their own fair housing ordinance. No double jeopardy problem arises if a county and […]

ANTHONY S. EARL, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion June 24, 1976. Zoning; Ordinances; Villages; County Board; Water; Municipalities; Towns exercising village powers can zone shorelands concurrently with counties, provided that the town ordinance is in conformance with or more restrictive than the county ordinance. BRONSON C. La FOLLETTE, Attorney […]

KEITH R. ZEHMS, Corporation Counsel Eau Claire County Attorney General of Wisconsin — Opinion January 16, 1984 EMPLOYER AND EMPLOYE; LABOR; PUBLIC RECORDS; Public records relating to employe grievances are not generally exempt from disclosure under the public records law, and nondisclosure must be justified on a case-by-case basis. BRONSON C. La FOLLETTE, Attorney General […]

NORMAN M. CLAPP, Secretary, Department of Transportation. Attorney General of Wisconsin — Opinion. November 7, 1972. Private Detectives — Emergency Vehicles — The vehicles of private detectives and police licensed under sec. 440.26, Stats., are not authorized emergency vehicles as defined in sec. 340.01 (3) (a), Stats. ROBERT W. WARREN, Attorney General NORMAN M. CLAPP, […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. August 10, 1972. Corporation Agents — Secretary of State — Corporations failing to maintain registered agents after notice by Secretary of State should be reported to the Attorney General. ROBERT W. WARREN, Attorney General ROBERT C. ZIMMERMAN, Secretary of State You have requested […]

RALPH E. SHARP, Corporation Counsel Dodge County Attorney General of Wisconsin — Opinion July 8, 1980. County Surveyer; Surveys; Duties of county and other land surveyors and minimum standards for property surveys discussed. BRONSON C. La FOLLETTE, Attorney General RALPH E. SHARP, Corporation Counsel Dodge County You ask six questions concerning the duties of the […]

RUSSELL DEVITT, Corporation Counsel Walworth County Attorney General of Wisconsin — Opinion July 28, 1983 Child Abuse; Criminal Law; CHILD ABUSE; consensual sexual conduct involving sixteen- and seventeen-year-old children does not constitute child abuse under section 48.981 (2), Stats. BRONSON C. La FOLLETTE, Attorney General RUSSELL DEVITT, Corporation Counsel Walworth County You inquire whether consensual […]

PAUL D. LAWENT, Corporation Counsel, Marathon County. Attorney General of Wisconsin — Opinion. November 30, 1971. Bidding — Real Estate, County — (Informal) — Limitations on power of county to sell property without calling for public bids discussed. ROBERT W. WARREN, Attorney General PAUL D. LAWENT, Corporation Counsel, Marathon County You have requested my opinion […]

KARL W. MARQUARDT, Executive Secretary Pharmacy Examining Board Attorney General of Wisconsin — Opinion July 14, 1978. Licenses And Permits; Pharmacy, State Board Of; A letter of reprimand properly may be imposed only after affording opportunity for hearing as provided for in a class 2 contested case. Sec. 227.01 (2)(b). If no objection was made […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion September 24, 1984 COMPATIBILITY; SALARIES AND WAGES; SHERIFFS; In a county having no undersheriff, a person elected and serving as sheriff vacated office by accepting office of town supervisor during his term but is entitled to compensation paid and can continue to […]

LILLIAN M. QUINN, Deputy Secretary, Department of Regulation and Licensing. Attorney General of Wisconsin — Opinion. June 28, 1973. Peddlers — Licenses and Permits — Employes of a Church Directory photography company who engage in transient sales activity not directly supervised by a Transient Merchant licensee present at the location of the sales activity must […]

DAVID B. DEDA, District Attorney, Price County Attorney General of Wisconsin — Opinion August 28, 1974. Counties; Municipalities; Counties may charge a one percent of project cost administrative fee for work done on municipal roads pursuant to sec. 83.035, Stats. ROBERT W. WARREN, Attorney General DAVID B. DEDA, District Attorney, Price County You have requested […]

KENNETH LINDNER, Secretary Department of Administration Attorney General of Wisconsin — Opinion November 1, 1979. Bonds; Trust Funds; The state is not required to pay claims on bonds and coupons evidencing public debt issued pursuant to subch. I of ch. 18, Stats., once those obligations are six years overdue. Funds which cannot be paid out […]

WILLIAM C. KIDD, Secretary, Department of Business Development. Attorney General of Wisconsin — Opinion. July 18, 1973. Bonds — Business Development, Department of —Corporations — Industrial development revenue bonding under sec. 66.521, Stats., is not available for a project for a new automobile showroom. warehouse, and repair facility of a retail automobile dealership. ROBERT W. […]

J. DENIS MORAN, Director State Courts Attorney General of Wisconsin — Opinion October 14, 1985 Judges; If defeated in the last attempt at reelection, a judge must have served eight years as a circuit judge, not a county judge, before August 1. 1978, in order to be eligible for appointment as a reserve judge. BRONSON […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion April 9, 1992 Bed And Breakfast; Intoxicating Liquors; Licenses And Permits; An owner of a bed and breakfast establishment who does not hold an alcohol beverages license may personally consume alcohol beverages or serve alcohol beverages at social events held on the […]

EUGENE I. LEHRMANN, State Director, Board of Vocational, Technical Adult Education. Attorney General of Wisconsin — Opinion. January 20, 1972. Unemployment Compensation Act — Institutions of Higher Education — Institutions of higher education are included within the provisions of the Unemployment Compensation Act by reason of 26 U.S.C.A., sec. 3309 (a) and (d). ROBERT W. […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion November 6, 1979. Conservation Wardens; Natural Resources; The power of arrest of DNR wardens is limited by statute; they do not have general law enforcement authority except on state-owned lands, and property under DNR’s supervision, management and control including the power […]

DANIEL L. LAROCQUE, District Attorney, Marathon County. Attorney General of Wisconsin — Opinion. July 3, 1973. Waters — Fish and Game — When a criminal action is brought for a violation of ch. 94, Stats., prohibiting deposit of pesticides in public waters of the state, such proceeding is not barred by a civil action to […]

ERICH MILDENBERG, Commissioner of Banking. Attorney General of Wisconsin — Opinion. November 21, 1973. Banking — Schools — Junior achievement bank would be a banking business within the meaning of sec. 224.02, Stats. and violates sec. 224.03, Stats. Page 255 ROBERT W. WARREN, Attorney General ERICH MILDENBERG, Commissioner of Banking You have requested my opinion […]

BENJAMIN SOUTHWICK, Corporation Counsel Richland County Attorney General of Wisconsin — Opinion September 12, 1988 Counties; Drugs; Ordinances; Counties may not enact ordinances in conformity with state statutes prohibiting the possession and sale of marijuana. DONALD J. HANAWAY, Attorney General BENJAMIN SOUTHWICK, Corporation Counsel Richland County You ask whether counties can enact ordinances in conformity […]

L.P. VOIGT, Secretary, Department of Natural Resources. Attorney General of Wisconsin — Opinion. December 1, 1972. Sanitary District — Town Board — A town board may restrict the authority of a town sanitary district to engage in one or more of the activities which are the purposes for which such districts may be created. When […]

J.S. HOLT, Secretary, Board of Regents, University of Wisconsin System Attorney General of Wisconsin — Opinion September 18, 1974. Regents, Board Of; Students; Regents should identify how compulsory fees will be used to necessarily and conveniently further the objects of the University before approving a segregated fee, under sec. 37.11 (8), Stats., to finance a […]

WILBUR J. SCHMIDT, Secretary Department of Health and Social Services. Attorney General of Wisconsin — Opinion. October 28, 1971. Welfare Funds — Categorical Aids — (Informal) — Department of Health and Social Services is not authorized to advance welfare funds for reimbursement purposes under sec. 49.52, Stats. ROBERT W. WARREN, Attorney General WILBUR J. SCHMIDT, […]

PATRICK J. LUCEY, Governor of Wisconsin. Attorney General of Wisconsin — Opinion. June 16, 1972. Campaign Expenditures — Federal Election Campaign Act — In light of the provisions of Titles I and II of the Federal Election Campaign Act of 1971, Pub.L. 92-225, relating to expenditures for communications media or to expenditures from the personal […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. November 21, 1973. Corporations — Public Records — Under sec. 180.833 (1) (k), Stats., the Secretary of State may require that foreign corporations file appropriate information and statements, for the purpose of assisting him in determining the accuracy of their reports indicating the […]

GARY I. GATES, Secretary Department of Employe Trust Funds Attorney General of Wisconsin — Opinion September 3, 1985 Claims Board; Employe Trust Funds Board; Retirement Systems; The specific appeal procedures provided for the Public Employe Trust Funds do not take precedence over the general grant of authority to the Claims Board to hear claims against […]

WILLIAM LEITSCH, Corporation Counsel, Columbia County. Attorney General of Wisconsin — Opinion. January 25, 1971. Passport Application Fees — Clerk of Courts — (Informal) — Clerk of courts compensated on salary basis in lieu of fees must remit $2 U.S. passport fee to county treasury. ROBERT W. WARREN, Attorney General WILLIAM LEITSCH, Corporation Counsel, Columbia […]

Mr. Richard L. Hamilton Attorney General of Wisconsin — Opinion March 25, 1993 Law Enforcement; Sheriffs; A sheriff may not unilaterally withdraw most forms of investigative services provided within one urbanized town within a county. JAMES E. DOYLE, Attorney General Mr. Richard L. Hamilton Corporation Counsel Outagamie County Courthouse 410 South Walnut Street Appleton, Wisconsin […]

R. ROTH JUDD, Executive Director Ethics Board Attorney General of Wisconsin — Opinion August 23, 1988 Constitutionality; Freedom of Speech; Lobbying; Section 19.45(12), Stats., is constitutional. DONALD J. HANAWAY, Attorney General R. ROTH JUDD, Executive Director Ethics Board 1987 Wisconsin Act 365 repealed section 16.49, Stats., and replaced it with section 19.45(12), which reads: No […]

ALEXANDER HOPP, Corporation Counsel Sheboygan County Attorney General of Wisconsin — Opinion April 24, 1978. Land, Ordinances; Plats And Platting, Chapter 236, Stats., discussed in reference to the platting, replatting and division of lots within a recorded subdivision. BRONSON C. La FOLLETTE, Attorney General ALEXANDER HOPP, Corporation Counsel Sheboygan County You request my opinion with […]

EUGENE I. LEHRMANN, Director, Board of Vocational, Technical and Adult Education. Attorney General of Wisconsin — Opinion. August 10, 1972. Vocational, Technical And Adult Education District Board — Contracts — Section 38.14 (3), Stats., Laws of 1971, permits district vocational, technical and adult education boards to contract only with public educational institutions for instructional services. […]

JOHN B. MCCARTHY, Staff Counsel, State Bar of Wisconsin. Attorney General of Wisconsin — Opinion. March 31, 1971. Illegal Practice of Law — Attorney-Client — (Informal) — Officers and employes of a bank are not illegally practicing law where they fill out lease forms which have been designed and prepared by the attorney representing the […]

Mr. Eric Stanchfield, Secretary Attorney General of Wisconsin — Opinion April 14, 1993 Constitutionality; Insurance; Retirement Systems; The amendment of section 40.05 (4)(bc) by section 276 of 1991 Wisconsin Act 269, after issuance of 80 Op. Att’y Gen. 187 (1992), renders such section not in violation of article IV, section 26 of the Wisconsin Constitution. […]

HUMPHREY J. LYNCH, District Attorney, Dane County. Attorney General of Wisconsin — Opinion. June 6, 1973. Public Welfare — Aid — Section 49.19 (6), Stats., which provides that an AFDC mother may be required to do remunerative work has not been affected by amendments to the Work Incentive Program, nor does it violate equal protection […]

WILLIAM E. CHASE, District Attorney, Ashland County. Attorney General of Wisconsin — Opinion. May 31, 1973. Public Welfare — County Board — The County Board of Public Welfare rather than the County Board of Supervisors has the authority to appoint a county welfare director. ROBERT W. WARREN, Attorney General WILLIAM E. CHASE, District Attorney, Ashland […]

Donald E. Percy, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion April 15, 1982. Foster Homes; Health And Social Services, Department Of; Licenses And Permits; Religion; A facility owned and operated by a religious organization is subject to licensure and regulation under ch. 50, Stats., and chapter HSS 3 Wis. […]

RALPH E. OSBORNE, District Attorney, Monroe County Attorney General of Wisconsin — Opinion February 28, 1978. Appropriations And Expenditures; Cities; Counties; County Board; Municipalities; Taxation; Towns; Villages; Words And Phrases; Towns, villages and cities in counties establishing a county solid waste management system under sec. 59.07 (135), Stats., may be taxed for the capital costs […]

WILLIAM LEITSCH, Corporation Counsel, Columbia County Attorney General of Wisconsin — Opinion August 15, 1974. Counties; Schools And School Districts; Taxation; Counties are liable for proportionate share of tax certified to them prior to repeal of sec. 59.07 (21) by sec. 300m of ch. 90, Laws of 1973. ROBERT W. WARREN, Attorney General WILLIAM LEITSCH, […]

ED JACKAMONIS, Speaker Wisconsin State Assembly Attorney General of Wisconsin — Opinion November 28, 1980 Elections; Municipalities; Plumbing; Where town sanitary district consists of territory wholly within one town and town board has not designated its members as commissioners but has appointed commissioners, town board is not required to call special election to elect commissioners […]

PAUL W. LAWENT, Corporation Counsel, Marathon County. Attorney General of Wisconsin — Opinion. May 3, 1972. County Parks — Delegation of Powers — A city may not delegate its powers under sec. 27.08 and 27.09, Stats., to a county park commission created under sec. 27.02. et seq., Stats. ROBERT W. WARREN, Attorney General PAUL W. […]

MARCEL DANDENEAU, Assembly Chief Clerk Committee on Assembly Organization Wisconsin State Assembly Attorney General of Wisconsin — Opinion March 8, 1979. Municipalities; Taxation; A statute which would allow any city, village or town to elect to apply so-called “land value taxation,” i.e., the taxation of land as defined in sec. 70.03, Stats., exclusive of buildings […]

THE HONORABLE, THE ASSEMBLY Attorney General of Wisconsin — Opinion February 15, 1974. Judges; Legislation; Supreme Court; 1971 Enrolled Joint Resolution 26 includes two propositions which may be submitted to the electors as one amendment to the Wisconsin Constitution. ROBERT W. WARREN, Attorney General THE HONORABLE, THE ASSEMBLY Legislature Assembly Resolution 37 (1973) requests my […]

WALTER J. KUNICKI, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion June 16, 1992 Cable Communications Policy Act Of 1984; Legislation; Television; The federal Cable Communications Policy Act, 6 47 U.S.C.A. § 521 (West 1991), does not preempt state prohibition of mandatory fees for the use of splitter devices. JAMES E. DOYLE, Attorney […]

ROBERT C. ZIMMERMAN, Secretary of State Attorney General of Wisconsin — Opinion October 30, 1974. Corporations; A foreign corporation filing application for a certificate of authority to transact business in this state is not entitled to any credit against the filing fee due under sec. 180.87 (1) (i), Stats., even though some part or all […]

THOMAS E. VAN ROY, District Attorney Sawyer County Attorney General of Wisconsin — Opinion October 27, 1983 Criminal Law; Gambling; Indians; The state’s anti-gambling laws are enforceable against Indians on Indian reservations under the authority of Pub.L. No. 280. Page 183 BRONSON C. La FOLLETTE, Attorney General THOMAS E. VAN ROY, District Attorney Sawyer County […]

WILLIAM F. FLYNN, JR., Executive Director, Wisconsin Lottery Attorney General of Wisconsin — Opinion February 5, 1990 Gambling; Indian Gaming Regulator’s Act; Indians; Lotteries; Words And Phrases; Under article IV, section 24 of the Wisconsin Constitution, and chapter 565, Stats., the state lottery board may conduct any lottery game which complies with the ticket language […]

DOUGLAS LA FOLLETTE, Secretary of State Attorney General of Wisconsin — Opinion November 7, 1985 Notary Public; Public Officials; Residence, Domicile, And Legal Settlement; Section 137.01 (1) and (2), Stats., which requires Wisconsin residency as a condition of appointment as notary public in Wisconsin, does not violate the Privileges and Immunities Clause of the Federal […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion September 19, 1980 Fish and Game; Natural Resources, Department Of; The Department of Natural Resources is not prohibited from approving federal enforcement of federal steel shot regulations by federal agents on lands under their jurisdiction in the state during the 1980 […]

MARJORIE LUNDQUIST, Chairperson Board of Nursing Attorney General of Wisconsin — Opinion December 17, 1979. Licenses And Permits; Nursing; The Board of Nursing has authority to accredit a new baccalaureate program even though the particular students who undertake that program are already certified as registered nurses. BRONSON C. La FOLLETTE, Attorney General MARJORIE LUNDQUIST, Chairperson […]

WALTER F. MCCANNA, Deputy Secretary, Department of Revenue. Attorney General of Wisconsin — Opinion. November 2, 1973. County Treasurer — Criminal Law — Treasurer, State — The entire amount of bail forfeited under sec. 969.13 (4) is to be retained by the county treasurer and no part thereof is to be paid to the state […]

DANIEL L. LAROCQUE, District Attorney, Marathon County Attorney General of Wisconsin — Opinion October 7, 1974. Counties; Real Estate; Under sec. 49.26, Stats., a county department of social services, by its director, may make valid conveyances of real estate acquired by the department as a result of old-age-assistance lien foreclosures or transfers in lieu thereof, […]

A.W. PONATH, Acting Corporation Counsel, Outagamie County. Attorney General of Wisconsin — Opinion. June 2, 1971. County Executive — Apportionment — (Informal) — The term of office of a county executive, created pursuant to sec. 59.032 (1), Stats., begins on the first Monday in May following his election. A county executive elected pursuant to sec. […]

RALPH E. SHARP, JR., Corporation Counsel Dodge County Attorney General of Wisconsin — Opinion April 8, 1988 Children, Confidential Reports, Counties; Public Records; A county department of social services has no discretion to refuse to disclose reports and records of child abuse or neglect to the subject of the report or the subject’s attorney under […]