Category: Wisconsin Attorney General Opinions

WILBUR J. SCHMIDT, Secretary, Department of Health and Social Services Attorney General of Wisconsin — Opinion November 25, 1974. Appropriations And Expenditures; Counties; Under ch. 333, Laws of 1973, counties may not expect reimbursement for care and services when sum certain appropriations are exhausted. Counties do have authority to provide the funding of such services […]

WILLIAM A. BABLITCH, District Attorney, Portage County. Attorney General of Wisconsin — Opinion. August 17, 1972. County Coroner — Medical Examiner — Implementation legislation is necessary before counties under 500,000 may abolish office of coroner. Page 356 ROBERT W. WARREN, Attorney General WILLIAM A. BABLITCH, District Attorney, Portage County You state that Portage County is […]

FRED A. RISSER, Chairperson, Senate Organization Committee Attorney General of Wisconsin — Opinion December 28, 1978. Licenses And Permits; Taxation; Words And Phrases; If they satisfy other conditions under sec. 163.90, Stats., and other raffle requirements, political organizations are eligible for a raffle license because contributions to such organizations are deductible for federal or state […]

WILLIAM F. FLYNN, JR., Executive Director Wisconsin Lottery Attorney General of Wisconsin — Opinion December 14, 1988 Advertising; Lotteries; Marketing And Trade Practices; A plan whereby a soft drink company would include a coupon for a Wisconsin lottery ticket with specified purchases and the customer could redeem the coupon for a lottery ticket at a […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County. Attorney General of Wisconsin — Opinion. March 8, 1972. Unemployment Compensation — Tax Warrants — Unemployment compensation and tax warrants may be docketed by clerk of circuit court prior to issuance of sheriff for levy purposes. ROBERT W. WARREN, Attorney General ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County […]

CHARLES A. POLLEX, District Attorney, Adams County. Attorney General of Wisconsin — Opinion. November 6, 1972. Policemen — Arrest Powers — City policeman is law enforcement officer within sec. 968.07, Stats., and traffic officer within sec. 345.22, Stats. ROBERT W. WARREN, Attorney General CHARLES A. POLLEX, District Attorney, Adams County You request my opinion on […]

LAWRENCE R. NASH, Corporation Counsel, Wood County. Attorney General of Wisconsin — Opinion. April 5, 1971. County Government — Parks — (Informal) — The four-tenths of a mill annual tax levy applies limitations set forth in sec. 27.06, Stats., when county parks are operated by a county park commission, pursuant to secs. 27.02 et seq., […]

The Honorable Walter Kunicki Attorney General of Wisconsin — Opinion November 4, 1993 The office of member of a county planning and zoning commission is incompatible with the position of executive director of the county housing authority. JAMES E. DOYLE, Attorney General The Honorable Walter Kunicki Assembly Speaker Assembly Committee on Organization 119 Martin Luther […]

JAMES L. HUSTON, Managing Editor, Waukesha Freeman Attorney General of Wisconsin — Opinion September 13, 1976. Anti-Secrecy; Open Meetings; Newspapers; Written request pursuant to sec. 19.84 (1) (b), Stats., by news media for notice of meetings of governmental body should be filed with chief presiding officer or his designee and separate written request should be […]

EUGENE I. LEHRMANN, Director Board of Vocational, Technical and Adult Education. Attorney General of Wisconsin — Opinion. August 19, 1971. Public Contracts — Conflict of Interest — (Informal) — Section 946.13, Stats., prohibits a member of the Wisconsin Board of Vocational, Technical and Adult Education from bidding on and contracting for the construction of a […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion June 29, 1987 Fees; Licenses And Permits; Mineral Rights; Natural Resources, Department Of; All staff work necessary to determine whether an applicant meets the requirements of the Metallic Mining Reclamation Act must be included in the cost of evaluating the permit, […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion March 14, 1979. Appropriations And Expenditures; Bonds, Waters; A joint sewerage commission is empowered within the territorial limits of its district to enact and enforce regulations which would be required of it under the mandates of the Clean Water Act of […]

DENNIS J. FLYNN, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion November 17, 1975. Attorneys; Prisons And Prisoners; A jailer may not absolutely prohibit paralegal personnel from conducting interviews of inmates but may adopt reasonable regulations to assure discipline and control of inmates and maintenance of order and safety in the jail. A […]

WILLIAM F. BOCK, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion September 15, 1976. Law Enforcement; Police; Boats; Sheriffs; Waters; Navigable Waters; Arrest; Safety; Water safety patrol officers in county patrol, created as a separate agency, do not have to be deputized by sheriff to enforce secs. 30.50–30.80, Stats., Wisconsin’s regulation of boating […]

WILLIAM F. BOCK, Corporation Counsel Racine County Attorney General of Wisconsin — Opinion August 30, 1988 County Board; County Executive; Handicapped Children’s Education Board; In counties with a county executive, the county Handicapped Children’s Education Board exercises advisory and policy-making functions associated with the special education programs and services authorized by the county board under […]

RALPH W. FINK, District Attorney, Richland County. Attorney General of Wisconsin — Opinion. May 20, 1971. Disposal Bottles — Solid Waste Disposal — (Formal) — A carefully drawn county ordinance prohibiting the sale of “disposable” bottles and cans would not, on its face, exceed the police power granted in sec. 59.07 (64), Stats., and would […]

L.P. VOIGT, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion October 7, 1974. Natural Resources, Department Of; Navigable Waters; 1. Chapter 30, Stats., applies to navigable ditches that were originally navigable streams. If a navigable ditch was originally nonnavigable or had no previous stream history, Department of Natural Resources’ jurisdiction depends upon […]

KENNETH E. LINDNER, Secretary Department of Administration Attorney General of Wisconsin — Opinion December 23, 1980 Assessments; State; State Street Mall-Capitol Concourse; State property is not subject to assessment of special charges under sec. 66.60(16), Stats., for maintenance of State Street Mall-Capitol Concourse project as proposed by the City of Madison. Section 66.64, Stats., is […]

JOHN P. LANDA, District Attorney Kenosha County Attorney General of Wisconsin — Opinion October 11, 1977. Advertising, Automobiles And Motor Vehicles; Bids And Bidders; Charters; Contracts, Counties; Municipalities; Ordinances, Public Works; Towns; Towns must let “public contracts” pursuant to the competitive bidding procedures of secs. 60.29(1m) and 66.29. Stats. Contracts which are not “public contracts” […]

EDWARD E. ESTKOWSKI, Chairman, Department of Industry, Labor and Human Relations. Attorney General of Wisconsin — Opinion. January 26, 1971. Fair Employment Practices Act — Open Meeting Statute — (Formal) — Proposed rule which would prohibit departmental employes from making any information obtained under sec. 111.36, Stats., of the Fair Employment Practices Act prior to […]

DONALD PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion October 19, 1978. Ordinances, State; Zoning; Under sec. 13.48 (13), Stats., the state is subject to local governmental zoning regulations when remodeling a newly acquired or leased facility. BRONSON C. La FOLLETTE, Attorney General DONALD PERCY, Secretary Department of Health […]

TIMOTHY F. CULLEN, State Senator Attorney General of Wisconsin — Opinion October 15, 1984 GAMBLING; WORDS AND PHRASES; The Tavern League of Wisconsin is not a “service organization” within the meaning of section 163.90, Stats., so as to be eligible for a raffle license in the State of Wisconsin. BRONSON C. La FOLLETTE, Attorney General […]

EUGENE R. DUMAS, Corporation Counsel Sauk County Attorney General of Wisconsin — Opinion November 28, 1983 Counties; Libraries; Taxation; A municipality, otherwise qualified, is entitled to an exemption under section 43.64(2), Stats., where the county has not acted to levy a tax specifically designated as a county library tax but does finance “money expended for […]

J. DENIS MORAN, Director of State Courts Attorney General of Wisconsin — Opinion April 2, 1990 Circuit Court; Clerk Of Courts; The clerk of circuit court has discretion to refuse to docket a large claim money judgment until his statutory fee has been paid for that service; but such discretion is not unlimited. The clerk […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County Attorney General of Wisconsin — Opinion November 25, 1974. Attorney General; Collective Bargaining; Attorney General declines to render an opinion on what is subject to collective bargaining in view of a preferred legislative intent that such questions be resolved through the declaratory judgment procedure before the Wisconsin Employment […]

DALE CATTANACH, Secretary Department of Transportation Attorney General of Wisconsin — Opinion June 28, 1978. Blood Tests; Implied Consent Law, Intoxicating Liquors; Municipal Court, Municipalities; Ordinances; Traffic; Section 343.305, Stats., as repealed and recreated by ch. 193, Laws of 1977, does not vest in municipal courts the power to conduct hearings to determine the reasonableness […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County Attorney General of Wisconsin — Opinion August 8, 1974. Counties; Housing; Section 59.07 (1), Stats., is not sufficiently broad to permit county to furnish housing for elderly and low-income persons where specific statutes provide for furnishing of such housing. ROBERT W. WARREN, Attorney General ROBERT P. RUSSELL, Corporation […]

CHARLES A. POLLEX, District Attorney, Adams County. Attorney General of Wisconsin — Opinion. June 1, 1972. County Zoning Board Of Adjustment — Appointment — City or village residents are not eligible for service on county zoning board of adjustment. Page 263 ROBERT W. WARREN, Attorney General CHARLES A. POLLEX, District Attorney, Adams County You have […]

F.E. VAN SICKLE, District Attorney, Barron County. Attorney General of Wisconsin — Opinion. November 8, 1973. Law Enforcement — Police — Whereas a deputy sheriff must be a resident of the county for which appointed, secs. 59.24 (2), 66.30, 66.305, and 66.315, Stats., would allow such deputy to serve in an adjacent county upon request […]

PHILIP J. FREEBURG, District Attorney Langlade County Attorney General of Wisconsin — Opinion April 2, 1987 County Highway Department; Highways; The county highway department may perform ditching and culvert work on private lands to promote a public purpose such as soil conservation. However, activity in this area should respect available private sector alternatives, and ensure […]

M.G. EBERLEIN, County Judge, Shawano-Menominee County Court. Attorney General of Wisconsin — Opinion. December 19, 1973. Register in Probate — Filing fees provided in sec. 253.34 (1) (a), Stats., should be charged in informal probate proceedings authorized by ch. 865, Stats., created by ch. 39, Laws of 1973. ROBERT W. WARREN, Attorney General M.G. EBERLEIN, […]

THOMAS A. MARONEY, District Attorney Waupaca County Attorney General of Wisconsin — Opinion February 2, 1981 County Board; Forfeitures; Before payment of a settlement is made in resolution of an action against the county, the county board as a whole must approve it; if an action against the county results in assessment for a forfeiture, […]

BOARD OF REGENTS OF THE, University of Wisconsin System. Attorney General of Wisconsin — Opinion. January 8, 1973. Auditor — University — Classified audit fee structure may be established by University Regents using age for classification purposes. ROBERT W. WARREN, Attorney General BOARD OF REGENTS OF THE, University of Wisconsin System Your December 8, 1972, […]

FRED A. RISSER, Senate President Pro Tem. Chairman, Senate Organization Committee, NORMAN C. ANDERSON, Speaker of the Assembly Member, Assembly Rules Committee Attorney General of Wisconsin — Opinion March 19, 1976 Constitutional Law; Legislature; The legislature has the duty to resubmit a proposed constitutional amendment to the people when the previous election at which the […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion November 5, 1992 Bingo; Gambling; Indians; Oneida Indians; Television; If any element of the Oneida tribe television bingo game occurs off the reservation, it is subject to prosecution under Wisconsin criminal law. JAMES E. DOYLE, Attorney General FRED A. RISSER, Chairperson Senate […]

RICHARD OTTOW, Commissioner Office of the Commissioner of Credit Unions Attorney General of Wisconsin — Opinion December 27, 1985 Credit Unions; The Wisconsin Credit Union Savings Insurance Corporation can make grants to member credit unions as necessary to meet federal insurance eligibility requirements, and the Office of the Commissioner of Credit Unions may require such […]

PAUL L. BROWN, Secretary, State Building Commission. Attorney General of Wisconsin — Opinion. August 9, 1972. Building Commission — Trust Funds — Building Commission release or use of building trust funds discussed. ROBERT W. WARREN, Attorney General PAUL L. BROWN, Secretary, State Building Commission You have requested my opinion on the following question: “In view […]

WILLIAM F. BOCK, Corporation Counsel Racine County Attorney General of Wisconsin — Opinion September 28, 1981. County Board; County Executives; A county board in a county having a county executive could, by ordinance, require that four of seven sec. 46.18(1), Stats., trustees be county supervisors. The county board could also abolish the board of trustees […]

EUGENE I. LEHRMANN, Director, Board of Vocational, Technical and, Adult Education. Attorney General of Wisconsin — Opinion. May 25, 1971. Compatibility of Office — Board of Vocational, Technical and Adult Education — (Informal) — Member of local district board of vocational, technical and adult education cannot serve as state board member. ROBERT W. WARREN, Attorney […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion November 28, 1979. Hospitals; The National Health Planning and Resources Development Act of 1974 does not preclude the Wisconsin Hospital Rate Review Committee from considering excess bed capacity in determining the reasonableness of a hospital’s rate increase. BRONSON C. […]

THE HONORABLE, THE ASSEMBLY, Legislature Attorney General of Wisconsin — Opinion September 5, 1974. Veterans; Funds for a first mortgage loan program to finance private housing for veterans cannot be obtained through state general obligation bonding within the meaning and intent of Art. VIII, sec. 7, Wis. Const. ROBERT W. WARREN, Attorney General THE HONORABLE, […]

VICTOR MOYER, Corporation Counsel Rock County Attorney General of Wisconsin — Opinion May 15, 1979. Taxation; Towns; The statutes do not provide that town taxpayers may be granted special treatment for payment of property taxes even when a reassessment is not completed until shortly before the due date for payment of taxes. BRONSON C. La […]

ROMAN W. FELTES, District Attorney, Trempealeau County Attorney General of Wisconsin — Opinion December 29, 1974. Intoxicating Liquors; Municipalities; Class B liquor licensees must be similarly treated by a municipality as to the hours they may be open for sales of liquor. Page 598 BRONSON C. La FOLLETTE, Attorney General ROMAN W. FELTES, District Attorney, […]

GLENN L. HENRY, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion February 17, 1976 County Board; Elections; A county which is self-organized pursuant to sec. 59.03, Stats., is empowered by sec. 59.03 (1) (d), Stats., to adopt an ordinance providing a procedure for filling a vacancy in the office of county supervisor allowing […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion February 3, 1987 Foster Homes; Insurance, Liability; Where a licensing agency waives the insurance requirement under section 48.627 (1)(a) and (b), Stats., it does not assume any liability beyond the limited recovery in tort claims under sections 893.80 (3) and 893.82 (6). […]

ERIC J. LUNDELL, District Attorney St. Croix County Attorney General of Wisconsin — Opinion November 6, 1987 Conflict of Interest; Contracts; Public Officials; Where the village board administers a community development block grant program, a member of the village board would violate section 946.13 (1)(a), Stats., if he or she obtained a loan in excess […]

THE HONORABLE, THE ASSEMBLY Attorney General of Wisconsin — Opinion April 1, 1974. Public Buildings; While neither the United States Constitution nor the Wisconsin Constitution compels states to require that public buildings and seats of government be constructed and maintained as to be accessible to the physically handicapped, the Legislature has an affirmative duty to […]

FRED A. RISSER, President Wisconsin State Senate Attorney General of Wisconsin — Opinion July 3, 1980. Bonds; Municipalities; A city may avoid the referendum procedures normally attendant to the issuance of general obligation bonds, by using alternative methods of financing which do not require referenda, such as borrowing on promissory notes under sec. 67.12 (12), […]

LAWRENCE J. HASKIN, City Attorney City of Oak Creek Attorney General of Wisconsin — Opinion August 18, 1988 Municipalities; Open Meeting; Public Officials; Sections 895.35 and 895.46, Stats., apply to actions for open meetings law violations to the same extent they apply to other actions against public officers and employes, except that public officials cannot […]

GEORGE H. HANDY, M.D., State Health Officer Department of Health and Social Services Attorney General of Wisconsin — Opinion February 12, 1976 Physicians And Surgeons; Public Health; Substantive principles of professional medical conduct are not breached by a doctor’s disclosing to public health authorities information about the immunization status of his patients, as reflected in […]

THE HONORABLE, THE ASSEMBLY Attorney General of Wisconsin — Opinion May 7, 1975 Education; Legislature; Schools and School Districts; Tuition; Vocational And Adult Education; Neither Art. X, sec. 3, Wis. Const., nor any other constitutional provision prohibits the charging of tuition for any course of instruction offered at a school in the system of vocational, […]

FRED A. RISSER, Chairman Senate Committee on Organization Attorney General of Wisconsin — Opinion April 18, 1979. Legislature; Words And Phrases; Meaning of “absence” within Wis. Const. art. V, sec. 7, discussed. BRONSON C. La FOLLETTE, Attorney General FRED A. RISSER, Chairman Senate Committee on Organization The Senate Organization Committee has requested my opinion on […]

WILLIAM C. KIDD, Secretary, Department of Business Development Attorney General of Wisconsin — Opinion November 5, 1975. Bonds; Private Clinics; Discussion of what constitutes a “clinic” under sec. 66.521 (2) (b) 7, Stats. BRONSON C. La FOLLETTE, Attorney General WILLIAM C. KIDD, Secretary, Department of Business Development You have called my attention to two fact […]

E. MICHAEL McCANN, District Attorney Milwaukee County Attorney General of Wisconsin — Opinion March 30, 1988 Automobiles And Motor Vehicles; Law Enforcement; Municipalities; Ordinances; The ordinance adopted by the Village of West Milwaukee which authorizes the placement of an immobilization device on an automobile of an individual who has ten or more outstanding or otherwise […]

WILLIAM G. THIEL, Corporation Counsel Eau Claire County Attorney General of Wisconsin — Opinion April 15, 1983 Counties; Libraries; To qualify for exemption from county library tax under section 43.64 (2), Stats., municipality or school district must have expended for its own “library fund” during the year in which the county tax levy is made […]

ROBERT HAASE, Commissioner Office of Commissioner of Insurance Attorney General of Wisconsin — Opinion December 21, 1987 Employe Trust Funds, Department Of; Insurance; Public Officials; Section 632.895 (5m), Stats., which requires that disability insurance policies must provide coverage for grandchildren of the insured, does not apply to group insurance contracts between health maintenance organizations and […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County Attorney General of Wisconsin — Opinion June 6, 1977. Drugs; Nurses; Physicians And Surgeons; Prisons And Prisoners; Public Health; Preparation of medication by a nurse under direction of a physician is permissible under sec. 450.04 (3), Stats. Delivery of such medication to prisoners by jail attendants pursuant to […]

FRANK A. MEYERS, Director of Operations, Division of Criminal Investigation. Attorney General of Wisconsin — Opinion. December 22, 1971. Civil Rights — Liquor License — (Informal) — Restoration of civil rights under sec. 57.078, Stats., is not a “pardon” for the purposes of liquor and cigarette license statutes. ROBERT W. WARREN, Attorney General FRANK A. […]

FRED A. RISSER, President Wisconsin State Senate Attorney General of Wisconsin — Opinion June 17, 1980. Schools And School Districts; Tuition, Vocational, Technical And Adult Education, Board Of; Section 38.24 (3)(b), Stats., making the district board of a student’s district of residence liable for payment of nonresident fees when attending another district VTAE school is […]

DENNIS J. FLYNN, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion August 28, 1974. Contracts; Corporations; Indigents; Assuming individual is entitled to attorney at public expense in mental hearings required by sec. 51.02, Stats., or alcohol or drug abuse hearings required by sec. 51.09 (1), Stats., power to appoint, to determine indigency and […]

WILLIAM F. BOCK, Corporation Counsel Racine County Attorney General of Wisconsin — Opinion September 15, 1988 Ambulances; Words And Phrases; A private ambulance that is an authorized emergency vehicle usually kept in a given county pursuant to section 340.01(3)(i), Stats., may not avail itself of the special provisions of section 346.03(2) so as to proceed […]

ERNEST C. KEPPLER, State Senator Legislature Attorney General of Wisconsin — Opinion May 6, 1974 Public Records; Teachers; Matters and documents in the possession or control of school district officials containing information concerning the salaries, including fringe benefits, paid to individual teachers are matters of public record. Page 144 ROBERT W. WARREN, Attorney General ERNEST […]

JOHN MUENCH, Corporation Counsel Barron County Attorney General of Wisconsin — Opinion September 2, 1992 Counties; Waste Management; Section 59.07(135)(L), Stats., authorizes counties that are responsible units of government under section 159.09(1)(b) to levy taxes for capital and operating expenses incurred in connection with the operation of the county’s recycling program only upon those local […]

ROY E. HAYS, Executive Secretary Wisconsin Real Estate Examining Board Attorney General of Wisconsin — Opinion May 23, 1974 Real Estate Examining Board; Public Officials; Incumbent Real Estate Examining Board member is entitled to hold over in office until his successor is duly appointed and confirmed by the Senate, and Board is without authority to […]

VIRGINIA B. HART, Chairman Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion November 17, 1976. Administrative Code; Indians; Safety; Public Health; Federal Land Banks; State does not have jurisdiction to enforce Wisconsin Administrative Code with respect to construction of buildings on Oneida Indian Reservation trust land. 58 OAG 91 (1969) […]

KEN BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion October 3, 1978. Counties; County Board; County Clerk; Section 59.72, Stats., as amended by ch. 265, Laws of 1977, does not authorize the county board to transfer powers to keep books and accounts from the county clerk to the county auditor where express […]

DAVID B. DEDA, District Attorney, Price County Attorney General of Wisconsin — Opinion November 25, 1975. Forest Crop Law; Highways; The exceptions established by sec. 348.20 (3), Stats., are not applicable to violations of weight limits established under sec. 348.175, Stats. BRONSON C. La FOLLETTE, Attorney General DAVID B. DEDA, District Attorney, Price County You […]

JOHN R. WAGNER, District Attorney Grant County Attorney General of Wisconsin — Opinion April 25, 1974 Implied Consent Law; Law Enforcement; Method by which a law enforcement agency may provide two tests for blood alcohol content under sec. 343.305 (1), Stats., discussed. The agency is not required to actually own or physically possess the testing […]

THOMAS LOFTUS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion February 18, 1988 Gambling, Indians; Minors, Laws regarding gambling will apply on Indian reservations if they prohibit gambling activities entirely, but not if they merely regulate these activities. Most state laws regarding the newly allowed gambling activities of lotteries and pari-mutuel betting will […]

WILLIAM A. HUPY, District Attorney Marinette County Attorney General of Wisconsin — Opinion March 12, 1980 Page 48 Criminal Law; Drunk Driving; Where a person is charged under sec. 346.63(1), Stats. (operating a vehicle while under the influence of an intoxicant or controlled substance), as a second offense, the charge may not be reduced to […]

DONALD E. PERCY, Secretary Department of Health Social Services Attorney General of Wisconsin — Opinion September 28, 1981. Prisons And Prisoners; Persons committed pursuant to a verdict of not guilty by reason of mental disease or defect should be credited with statutory good time pursuant to sec. 971.17(4), Stats., only after the effective date of […]

GERALD WHITBURN, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion March 25, 1991 Liability; Physicians And Surgeons; Volunteer physicians who give immunizations for local public agencies under rules of the Department of Health and Social Services are not state agents for purposes of liability indemnification. JAMES E. DOYLE, Attorney General […]

DAVID GOTZION, Chairman, Cosmetology Examining Board Attorney General of Wisconsin — Opinion July 9, 1976. Barbers; Cosmetic Art; Licenses And Permits; Education; Cosmetology Examining Board may admit to examination a student who has successfully completed prescribed courses of study at a registered school where the student’s diploma is withheld by the school for the student’s […]

STEPHEN C. LEPLEY, Corporation Counsel Waukesha County Courthouse Attorney General of Wisconsin — Opinion November 3, 1989 County Board; County Executive; Referendum; A county board may adopt an ordinance creating the office of county executive and make the ordinance contingent upon approval in a countywide referendum. The office of county executive is created at the […]

JOSEPH J. SALITURO, Corporation Counsel Kenosha County Attorney General of Wisconsin — Opinion April 30, 1974 Libraries; A county having a population in excess of 85,000 and which does not presently operate and maintain a library but which contains a city of over 30,000 operating a library, can establish a single-county federated library system. Secs. […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion August 13, 1981. Criminal Law; Juvenile; Venue; Wisconsin courts have jurisdiction under ch. 48, Stats., over state resident juveniles alleged to be delinquent because they violated another state’s criminal laws. BRONSON C. La FOLLETTE, Attorney General DARWIN L. ZWIEG, District Attorney Clark […]

SARAH DEAN, Secretary Department of Regulation and Licensing Attorney General of Wisconsin — Opinion February 9, 1977. Licenses And Permits; Regulation And Licensing, Department Of, Investigations, Section 227.09 (5), Stats., absolutely requires use of a hearing examiner if an examining board member participates in the decision to commence a proceeding against a licensee, but does […]

DENNIS J. FLYNN, Corporation Counsel, Racine County. Attorney General of Wisconsin — Opinion. March 8, 1972. Juries — Twenty-Sixth Amendment, U.S. Const. — Persons 18, 19 and 20, who are electors of this state, must be included within that class of citizens from which jurors are chosen for service in Page 138 the courts of […]

STEPHEN O. HART, Assistant Corporation Counsel, La Crosse County. Attorney General of Wisconsin — Opinion. November 18, 1971. Statute of Limitations — Paternity — (Informal) — Under sec. 893.15, Stats., statute of limitation begins to run when parents cease living together as man and wife. ROBERT W. WARREN, Attorney General STEPHEN O. HART, Assistant Corporation […]

The Honorable Walter Kunicki Attorney General of Wisconsin — Opinion March 14, 1994 The state may use the proceeds from general obligations bonds to fund an expansion of the Petroleum Environmental Cleanup Fund Award Program. JAMES E. DOYLE, Attorney General The Honorable Walter Kunicki Co-Chairperson Joint Committee on Legislative Organization 212 North, State Capitol Madison, […]

R.J. MCMAHON, Commissioner of Savings and Loan of Wisconsin. Attorney General of Wisconsin — Opinion. April 10, 1972. Seller of Checks — Savings And Loan Associations — Savings and Loan Commissioner may authorize associations as agents for federal entity as seller of checks. ROBERT W. WARREN, Attorney General R.J. MCMAHON, Commissioner of Savings and Loan […]

F.R. SCHWERTFEGER, Corporation Counsel, Dodge County. Attorney General of Wisconsin — Opinion. October 26, 1971. Library — Tax Levies — (Informal) — Municipality must have public library or reading room to be exempt from county library tax. ROBERT W. WARREN, Attorney General F.R. SCHWERTFEGER, Corporation Counsel, Dodge County You have requested my opinion to the […]

GLENN L. HENRY, Corporation Counsel, Dane County Attorney General of Wisconsin — Opinion November 6, 1974. Counties; Reapportionment; Under sec. 59.03 (3) (c), Stats., alteration of county supervisory district boundaries between decennial censuses is authorized only where ward boundaries originally relied upon in reapportioning the county have been subsequently altered by incorporation, annexation, detachment or […]

JOSEPH J. SALITURO, Corporation Counsel, Kenosha County. Attorney General of Wisconsin — Opinion. January 22, 1971. ORAP — County Facilities — (Formal) — Although counties may charge reasonable fees for the use of facilities in their county parks, they may not charge such fees only to out-of-state residents while allowing all Wisconsin residents to utilize […]

THOMAS P. FOX, Director Legislative Services. Attorney General of Wisconsin — Opinion. September 24, 1971. Elections — 18-Year-Old Vote — (Formal) — Adoption of the Twenty-sixth Amendment to the United States Constitution makes question of constitutionality of Bill 212A moot. ROBERT W. WARREN, Attorney General THOMAS P. FOX, Director Legislative Services By 1971 Assembly Resolution […]

ANN HANEY, Commissioner Office of the Commissioner of Insurance Attorney General of Wisconsin — Opinion February 1, 1983 Taxation; Words And Phrases; Section 646.51 (7), Stats., is applicable to franchise taxes, income taxes and fire department dues. Only Wisconsin’s assessments are used for offsets against Wisconsin taxes. The retaliatory tax provision of section 76.66, Stats., […]

RICHARD C. KELLY, District Attorney Juneau County Attorney General of Wisconsin — Opinion March 6, 1974. Counties; Zoning; Section 59.971, Stats., authorizes counties to zone lands located within 300 feet of an artificial ditch that is navigable in fact. ROBERT W. WARREN, Attorney General RICHARD C. KELLY, District Attorney Juneau County You have asked my […]

JOHN S. MCCABE, District Attorney Florence County Attorney General of Wisconsin — Opinion August 30, 1978. Counties; County Board; Land; Mineral Rights; Public Lands; Counties may not transfer county owned mineral rights, acquired through nonpayment of taxes, to private persons without following the appraisal and public sale provisions of sec. 75.69, Stats. Under sec. 59.07 […]

HOWARD G. BJORKLUND, Administrator Law Enforcement Services Division Department of Justice Attorney General of Wisconsin — Opinion June 22, 1981. Circuit Court; Criminal Law; Circuit courts do not possess inherent powers, in the absence of statute, to order the expunction or destruction of criminal conviction records. BRONSON C. La FOLLETTE, Attorney General HOWARD G. BJORKLUND, […]

PAUL M. CORNETT, District Attorney Shawano and Menominee Counties Attorney General of Wisconsin — Opinion September 10, 1979. Police; Towns; Powers of town constable are largely statutory and include power to make arrests for violations of state traffic laws and enforce town traffic ordinances. Town board has only limited control over such officer and cannot […]

DR. BARBARA THOMPSON, State Superintendent, Department of Public Instruction Attorney General of Wisconsin — Opinion November 6, 1975. Public Instruction, Superintendent Of; Education; Schools And School Districts; In the administration of Title IV, Elementary and Secondary Education Act, as amended, funds may not be spent to provide educational services on the premises of church affiliated […]

PATRICK J. FARAGHER, Corporation Counsel Washington County Attorney General of Wisconsin — Opinion April 24, 1979. Agriculture; Soil Conservation; Votes And Voting; An ordinance formulated and proposed by the supervisors of a county soil and water conservation district, created pursuant to sec. 92.05, Stats., is not necessarily invalid simply because its effect is limited to […]