Category: Wisconsin Attorney General Opinions

TOM LOFTUS, Chairperson Assembly Committee on Organization Attorney General of Wisconsin — Opinion September 22, 1988 County Corporation Counsel; District Attorney; An official oath is required by section 59.13(1), Stats., for a county corporation counsel but is not required for an assistant district attorney. DONALD J. HANAWAY, Attorney General TOM LOFTUS, Chairperson Assembly Committee on […]

JOE E. NUSBAUM, Secretary, Department of Administration. Attorney General of Wisconsin — Opinion. April 21, 1972. Employe Trust Funds — Unclaimed Property — Section 177.18, Stats., violates Art. X, sec. 2, Wis. Const., which requires proceeds from unclaimed property to be paid to school fund. Page 209 ROBERT W. WARREN, Attorney General JOE E. NUSBAUM, […]

DAVID T. PROSSER, JR., District Attorney Outagamie County Attorney General of Wisconsin — Opinion JULY 21, 1977 Automobiles And Motor Vehicles; Intoxicating Liquors, Malt Beverages; Minors, Motor Vehicles; Section 346.93, Stats., contains two prohibitions: first, an absolute ban on a minor’s possession of intoxicating liquor in a motor vehicle; second, a ban on a minor’s […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County Attorney General of Wisconsin — Opinion January 26, 1978. County Park Commission; County Parks; Municipalities; Ordinances; Parks; Total prohibition of all use of all Milwaukee County park buildings for political purposes is unconstitutional. Validity of regulations restricting political assemblies to certain areas of certain parks depends on whether […]

MARK E. MUSOLF, Secretary Department of Revenue Attorney General of Wisconsin — Opinion October 2, 1981. County Treasurer; Public Assistance; Welfare; The conclusion of 52 Op. Att’y Gen. 439 (1963), that welfare payment checks must not only be prepared but actually mailed by the county treasurer, is still valid. BRONSON C. La FOLLETTE, Attorney General […]

WILLIAM F. BOCK, Corporation Counsel Racine County Attorney General of Wisconsin — Opinion February 19, 1979. Counties; County Board; Under sec. 59.07 (3), Stats., the county board has power to require that all bills and claims be examined by it, or with respect to current accounts, its standing committee before payment, but prior audit by […]

ALBERT R. NELSON, District Attorney, Jefferson County Attorney General of Wisconsin — Opinion November 1, 1974. Criminal Law; Forms similar to the uniform traffic citation which are used as complaints to initiate criminal prosecutions in certain misdemeanor cases are sufficient to confer subject matter jurisdiction on the court but any conviction which results from their […]

WILLIS J. ZICK, Corporation Counsel, Waukesha County. Attorney General of Wisconsin — Opinion. January 19, 1973. County Executives — Elections — The county board may create office of county executive and make resolution contingent upon referendum of electorate. ROBERT W. WARREN, Attorney General WILLIS J. ZICK, Corporation Counsel, Waukesha County You state that a resolution […]

MATTHEW F. ANICH, District Attorney Ashland County Attorney General of Wisconsin — Opinion January 11, 1982. County Highway Committee, Criminal Law, Public Officials; Claim for expense reimbursement by a public officer, under specific fact situation, is both an action taken in such officer’s official capacity and an action growing out of performance of official duties […]

EUGENE I. LEHRMANN, Director, Board of Vocational, Technical and Adult Education. Attorney General of Wisconsin — Opinion. June 14, 1971. Vocational, Technical and Adult Education — Student Dormitories — (Informal) — Vocational, Technical and Adult Education District has authority to purchase buildings for administration purposes or student dormitory housing, and in doing so would not […]

JOSEPH D. MCCORMACK, Corporation Counsel, Ozaukee County Attorney General of Wisconsin — Opinion September 30, 1976. Transportation; Public Service; Motor Carriers; Motor Vehicles; Automobiles And Motor Vehicles; Counties; Section 59.968 (3) authorizes a county subsidy when a bus company operates a route which is principally located within the county. Page 192 BRONSON C. La FOLLETTE, […]

CLEMENS V. HEDEEN, JR., District Attorney, Door County. Attorney General of Wisconsin — Opinion. April 14, 1972. Sign Control Ordinance — Highway Safety — Proposed billboard ordinance determined to be overly broad and not related to traffic safety on county highways. Sec. 59.07 (49), Stats. Page 192 ROBERT W. WARREN, Attorney General CLEMENS V. HEDEEN, […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion November 26, 1976. Schools And School Districts; Education; Sectarian Instruction; Superintendent of Schools; Public Instruction, Superintendent Of; The state superintendent of the Department of Public Instruction does not have the authority to determine whether public schools are segregated or the […]

WILLIS J. ZICK, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion June 5, 1974 Counties; County Board; County Clerk; County Board is without power to provide for compensation for members of County Board of Health where express statute, sec. 140.09 (5), provides that they will serve without compensation but may be reimbursed for […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion May 6, 1983 Indians, Natural Resources, Department Of; The state and tribal governments share jurisdiction to regulate prospecting and mining activity within reservation boundaries to the extent necessary to protect groundwater from contamination. BRONSON C. La FOLLETTE, Attorney General CARROLL D. […]

ANN HANEY, Secretary Department of Regulation and Licensing Attorney General of Wisconsin — Opinion July 2, 1981. Advertising; Engineering; Words And Phrases; Whether use of terms “engineer” or “engineering” in a business title violates ch. 443, Stats., depends on a case-by-case analysis of the circumstances to determine whether these terms tend to convey the impression […]

EDWIN FISHER, District Attorney Washburn County Attorney General of Wisconsin — Opinion May 30, 1979. Elections; Schools And School Districts; A school board which informs the electorate of the school district of the facts which are pertinent to an issue which will be the subject of a school district referendum need not register or file […]

PATRICK J. LUCEY, Governor of Wisconsin. Attorney General of Wisconsin — Opinion. February 24, 1972. Elections — Eighteen-Year-Old Vote — Governor’s approval of Assembly Bill 131 would have the legal effect of requiring its submission to a vote of the people at the November, 1972, general election. Art. III, sec. 1, Wis. Const. However, the […]

THE HONORABLE, THE ASSEMBLY Attorney General of Wisconsin — Opinion April 9, 1974 Towns; Municipalities; If proper case were brought, a court would probably hold that sec. 60.19 (1), (am), and (c), Stats., violate the uniformity of town government constitutional requirement. ROBERT W. WARREN, Attorney General THE HONORABLE, THE ASSEMBLY Legislature Assembly Resolution 39 (1973) […]

JAMES R. KLAUSER, Secretary Department of Administration Attorney General of Wisconsin — Opinion October 3, 1988 Employer And Employe; Public Officials, State; Discussion of restrictions which section 16.417(2), Stats., imposes on dual state employment of state employes. DONALD J. HANAWAY, Attorney General JAMES R. KLAUSER, Secretary Department of Administration You have asked several questions concerning […]

LINDA REIVITZ, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion June 2, 1983 Public Records; A demand for a written statement of the reasons denying a request for records may be made orally. A mandamus action may be commenced only after a written request for disclosure is made. A written […]

JOHN R. PIKE, Executive Director, State Investment Board. Attorney General of Wisconsin — Opinion. July 15, 1971. “Put” and “Call” Options — State Investment Board — (Informal) — Investment Board may not, without authorization from the legislature, engage in “put” and “call” options on its stock portfolio. ROBERT W. WARREN, Attorney General JOHN R. PIKE, […]

C.F. HURC, Secretary, Examining Board of Architects, Professional Engineers, Designers and Land Surveyors. Attorney General of Wisconsin — Opinion. September 11, 1972. Competitive Bidding — Examining Board — Examining Board of Architects, Professional Engineers, Designers and Land Surveyors lacks power to adopt rule prohibiting competitive bidding on projects by architects, professional engineers. etc. ROBERT W. […]

WILLIAM C. KAHL, State Superintendent, Department of Public Instruction Attorney General of Wisconsin — Opinion. May 10, 1973. Transportation — Schools and School Districts — Student living less than two miles from school may not be transported by the school board at parental expense. ROBERT W. WARREN, Attorney General WILLIAM C. KAHL, State Superintendent, Department […]

R. ROTH JUDD, Executive Director Ethics Board Attorney General of Wisconsin — Opinion March 20, 1992 Ethics, State Board Of; Public Officials; The ethics law does not prohibit a state public official from purchasing items and services that are made available to the official because he or she holds public office. If the opportunity to […]

ROY E. HAYS, Secretary-Counsel, Wisconsin Real Estate Examining Board. Attorney General of Wisconsin — Opinion. January 15, 1971. Real Estate Broker’s License — Security Deposits — (Informal) — Officer of corporation or partners or a partnership can act for corporation or partnership in rental of real estate owned by such entity without being licensed as […]

TIM DUKET, District Attorney Marinette County Attorney General of Wisconsin — Opinion February 25, 1987 Conflict of Interest; Marital Property Law; The enactment of the marital property law does not change the applicability of section 946.13, Stats., to the member of a governmental body when that body employs the member’s spouse. As was the case […]

DAVID H. RAIHLE, Corporation Counsel Chippewa County Attorney General of Wisconsin — Opinion July 15, 1986 Counties; Law Enforcement; Municipalities; Under section 66.30, Stats., and subject to some limitation, a county may furnish certain supplemental law enforcement services to villages and towns within the county. The county sheriff’s consent to provide such supplemental services and […]

Mr. Gary J. Schuster Attorney General of Wisconsin — Opinion March 28, 1994 School boards have authority to enforce policies which mandate the manner, conditions, and content of police interviews with students on school premises during school hours, although they should exercise considerable restraint in doing so. The preferable course is for school boards and […]

ERNEST C. KEPPLER, Chairman, Committee on Senate Organization. Attorney General of Wisconsin — Opinion. October 23, 1973. Appropriations and Expenditures — Legislation — Governor’s veto of one digit of a separable part of an appropriation bill constitutes an objection within the meaning of Art. V, sec. 10, Wis. Const., and the entire part is returned […]

RUSSELL FALKENBERG, District Attorney, Chippewa County Attorney General of Wisconsin — Opinion November 21, 1974. Health And Social Services, Department Of; Public Health; Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. VICTOR A. MILLER, Attorney General RUSSELL FALKENBERG, District Attorney, Chippewa County You have inquired regarding changes brought […]

PHILIP S. HABERMANN, Executive Director, State Bar of Wisconsin Attorney General of Wisconsin — Opinion October 2, 1974. Administrative Procedure; Admission of service by an assistant attorney general or a clerk specifically designated for that purpose by the Attorney General will constitute service of process within the meaning of sec. 262.06 (3), Stats. ROBERT W. […]

THE HONORABLE, THE ASSEMBLY, State Capitol Attorney General of Wisconsin — Opinion August 5, 1974. Advertising; Statutes; Section 84.30, Stats., is presumed constitutional, and the Attorney General is governed by such legal doctrine in considering this act of the legislature. ROBERT W. WARREN, Attorney General THE HONORABLE, THE ASSEMBLY, State Capitol You have requested my […]

MANUEL CARBALLO, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion June 15, 1976 Zoning; Foster Homes; Public Welfare; Municipalities; Contracts; Taxation; Foster homes contracted for (i.e., leased) by the Department of Health and Social Services, pursuant to sec. 48.52, Stats., are immune from local zoning to the extent that the […]

Mr. Dennis D. Costello Attorney General of Wisconsin — Opinion March 10, 1994 It remains the obligation of the law enforcement officer who has placed an individual under emergency detention under section 51.15, Stats., to transport that individual to one of the four categories of facilities listed in section 51.15(2) until custody of the individual […]

R.J. MCMAHON, Commissioner Savings and loan Attorney General of Wisconsin — Opinion March 11, 1981 Interest; Mortgages; Lenders need not comply with the provisions of sec. 138.053, Stats., unless the right to increase the interest rate subsequent to the execution of the contract is conferred by the contract itself. Page 33 BRONSON C. La FOLLETTE, […]

WALTER G. HOLLANDER, Chairman, Joint Committee on Finance. Attorney General of Wisconsin — Opinion. February 5, 1971. Collective Bargaining — Contracts — (Informal) — Collective bargaining contract between Board of Regents and union representing unclassified employes is valid and may not be impaired, during its term, by current or future Board of Regents or legislature. […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County. Attorney General of Wisconsin — Opinion. January 20, 1972. Leased Property — Relocation Assistance Payments — A lessee under a five-year lease is a joint owner of real property within the intent of sec. 32.19, Stats., and is eligible to receive relocation assistance payments provided by sec. 32.19 […]

CHANDLER L. MCKELVEY, Secretary Department of Development Attorney General of Wisconsin — Opinion July 9, 1981. Chiropractors; Wisconsin Industrial Development Law; Words And Phrases; A chiropractic clinic may qualify for financing under the Wisconsin Industrial Development Law. BRONSON C. La FOLLETTE, Attorney General CHANDLER L. MCKELVEY, Secretary Department of Development You ask whether a chiropractic […]

JAMES L. CIRILLI, District Attorney, Douglas County Attorney General of Wisconsin — Opinion December 30, 1975. Counties; Workmen’s Compensation; County is liable for the negligent acts of Rescue Unit volunteers gratuitously performing service for the county, and is liable to such volunteers for Workmen’s Compensation when the unit has not insured its liability for compensation […]

JAMES H. FASSBENDER, Assistant District Attorney Waupaca County Attorney General of Wisconsin — Opinion August 30, 1989 Clerk Of Courts; County Treasurer; A county board of supervisors may not require a clerk of court to turn over funds held by him or her to the county treasurer on Friday of each week. DONALD J. HANAWAY, […]

FRED A. RISSER, Chairman Senate Organization Committee Attorney General of Wisconsin — Opinion May 28, 1987 Vocational, Technical And Adult Education, Board of; Criteria and procedures for review of district board appointments by the state VTAE board explained. Effect of an “elected official” member not seeking re-election midway in his term as a district board […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion April 22, 1986 County Board; Forests; Where large sums had accumulated from sale of leases of county forest land and were credited to the Forestry and Parks Department, county board resolution which would authorize transfer of funds for specific use of construction […]

CLOYD A. PORTER, State Representative Burlington Attorney General of Wisconsin — Opinion July 15, 1977. Newspapers, Open Meeting; Towns; A town board is a “governmental body” within the meaning of the open meetings law and is subject to its provisions, including the notice requirements of secs. 19.83 and 19.84, Stats. An annual town meeting is […]

JOHN F. LUECK D.D.S., Secretary, Dentistry Examining Board Attorney General of Wisconsin — Opinion November 25, 1977. Dental Examiners, Board Of; Open Meeting; Tape Recordings; A member of the Dentistry Examining Board has a right to tape-record an open meeting of the Board, providing he does so in a manner that does not interfere with […]

R.R. ROGGENSACK, Corporation Counsel Grant County Attorney General of Wisconsin — Opinion February 18, 1983 Community Developmental Disabilities Services Board; Minor; 51.42 Board; A juvenile court may order a 51.42 or 51.437 Board to provide care or treatment to a minor found to be in need of protection or services subject to conditions of chapter […]

ROBERT G. OTT, Corporation Counsel Milwaukee County Attorney General of Wisconsin — Opinion April 4, 1991 Register Of Deeds; Vital Statistics; Consistent with his or her respective powers and duties under sections 69.03 and 69.05, Stats., and with the specific uniformity requirement of section 69.03(7), a local registrar does not possess the power to adopt […]

T.H. HOOVER, Registrar, The University of Wisconsin. Attorney General of Wisconsin — Opinion. January 28, 1972. Residency — Emancipated Minor — An emancipated minor is not eligible for resident tuition at the University of Wisconsin if his parents are not bona fide residents of this state. ROBERT W. WARREN, Attorney General T.H. HOOVER, Registrar, The […]

FRED A. RISSER, President Wisconsin State Senate Attorney General of Wisconsin — Opinion May 20, 1980. Bids And Bidders; State Office Building, Subject to certain limitations, the lease of state office building space to a restaurant or other commercial enterprise serving both state employes and the general public is constitutionally permissible. Such leases do not […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion March 25, 1987 Confidential Reports; Snowmobiles; Snowmobile accident reports filed with the Department of Natural Resources pursuant to section 350.15 (3), Stats., are not confidential documents. DONALD J. HANAWAY, Attorney General CARROLL D. BESADNY, Secretary Department of Natural Resources You inquire […]

CAROL TOUSSAINT, Secretary Department of Local Affairs and Development Attorney General of Wisconsin — Opinion August 10, 1977. Articles Of Incorporation; Charitable Organizations; Corporations, Housing; Taxation; Standards for determining whether a nonprofit corporation qualifies for tax exempt status as a retirement home under sec. 70.11 (4) discussed. BRONSON C. La FOLLETTE, Attorney General CAROL TOUSSAINT, […]

THE HONORABLE, THE SENATE Attorney General of Wisconsin — Opinion April 24, 1974 Counties; County Board; County Board of Supervisors in county over 500,000 can abolish County Park Commission created under sec. 27.02 (2), Stats., and transfer its functions to the County Board. ROBERT W. WARREN, Attorney General THE HONORABLE, THE SENATE Legislature Senate Resolution […]

ROBERT D. HAASE, Commissioner of Insurance Office of the Commissioner of Insurance Attorney General of Wisconsin — Opinion July 31, 1989 Insurance; Insurance, Commissioner Of; Marketing And Trade Practices; Wisconsin law authorizes but does not require the commissioner of insurance to demand periodic reports from an insurer relating to rustproofing warranties it insures. The commissioner […]

KEVIN J. KELLEY, District Attorney, Forest County Attorney General of Wisconsin — Opinion November 25, 1974. Public Lands; An interested person may redeem land sold for the nonpayment of taxes up until the time a tax deed conveying the same is recorded. VICTOR A. MILLER, Attorney General KEVIN J. KELLEY, District Attorney, Forest County A […]

Mr. Kenneth Bukowski Attorney General of Wisconsin — Opinion February 24, 1993 Court Reporters; Fees; A county must permit its own employes who perform court reporting functions indistinguishable from those performed by court reporters employed by the state to retain all statutory fees which can be retained by state-employed court reporters, including those fees which […]

PATRICK J. LUCEY Governor of Wisconsin Attorney General of Wisconsin — Opinion May 14, 1975 Industrial Commission; The administrative duties of the Industry, Labor and Human Relations Commission, vested in the chairman by sec. 15.06 (4), Stats., may be exercised solely by the chairman or may be delegated to other commission members, in the discretion […]

The Honorable Michael G. Ellis Attorney General of Wisconsin — Opinion May 24, 1993 The enactment of chapter 20, section 1102c, Laws of 1981, changed the duration of tax liens docketed by the Department of Revenue under section 71.91 (5)(b), Stats., from a fixed period of ten years to a period which continues until the […]

RALPH E. SHARP, JR., Corporation Counsel Dodge County Attorney General of Wisconsin — Opinion May 18, 1984 LIBRARIES; Contract provision requiring payment as between Federated Library Systems of a fee for use of each system’s facilities by nonresidents does not result in failure “to honor valid borrowers’ cards of all public libraries in the system […]

JAMES R. KLAUSER, Chairman, Elections Board Attorney General of Wisconsin — Opinion August 26, 1976. Elections; Residence; Legislature; A candidate for the legislature need not be a resident of the district which he seeks to represent at the time he files his nomination papers. That portion of 61 OAG 368 (1972) inconsistent herewith is repudiated. […]

WILLIAM E. CHASE, District Attorney Ashland County Attorney General of Wisconsin — Opinion July 31, 1975 County Board; Elections; Utilization of a secret ballot by county board to appoint zoning administrator constitutes violation of sec. 66.77 (6), Stats., and is voidable. BRONSON C. La FOLLETTE, Attorney General WILLIAM E. CHASE, District Attorney Ashland County You […]

SUSAN MITCHELL, Commissioner Office of The Commissioner of Insurance Attorney General of Wisconsin — Opinion May 7, 1982. Insurance; The Wisconsin Auto Insurance Plan and Rejected Risk Plan do not constitute unconstitutional delegations of authority and are otherwise constitutional. The boards of these plans are private, independent, ongoing concerns, not state agencies, and members of […]

THE HONORABLE, THE ASSEMBLY Attorney General of Wisconsin — Opinion June 23, 1975 Lobbying; Secretary of State; The Secretary of State may promulgate rules and forms to aid in the administration of the lobbying law. However, a substantial portion of the rules proposed on April 30, 1975, would be invalid if adopted since they exceed […]

ROBERT W. DEAN, County Judge Marathon County Attorney General of Wisconsin — Opinion March 1, 1974. Counties; A probate registrar is an official of the county court, and secs. 256.22 and 59.40, Stats., would prohibit an attorney who serves as probate registrar from practicing law in county court. ROBERT W. WARREN, Attorney General ROBERT W. […]

PHILIP E. LERMAN, Chairman, Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion October 7, 1974. Industrial Commission; Industry, Labor And Human Relations, Department Of; Licenses And Permits; Department of Industry, Labor and Human Relations may lawfully issue child labor permits to girls aged 12 and 13 to be employed as […]

Mr. Don B. McNamara Attorney General of Wisconsin — Opinion June 10, 1994 Section 19.85(3), Stats., requires that a governmental body conduct its discussions and deliberations regarding final ratification of a collective bargaining agreement in open session. JAMES E. DOYLE, Attorney General Mr. Don B. McNamara Board of Education Menomonee Falls School District N90 W17609 […]

GERALD J. FERWERDA, Executive Secretary Elections Board Attorney General of Wisconsin — Opinion August 9, 1978. Corporations; Elections, The statutory prohibition against political contributions and disbursements by corporations or cooperatives in support or opposition to any referendum to be submitted to the voters, set forth in sec. 11.38 (1)(a)1., Stats., is unconstitutional. To the extent […]

GERALD L. ENGELDINGER, Corporation Counsel, Winnebago County. Attorney General of Wisconsin — Opinion. February 14, 1973. Inheritance Tax — Register in Probate — Section 253.34 (1) (a), Stats., dealing with filing fees was not amended by ch. 310, Laws of 1971, which amended inheritance tax rules on survivorship interests. Page 33 ROBERT W. WARREN, Attorney […]

DENNIS J. CONTA, Secretary Department of Revenue Attorney General of Wisconsin — Opinion September 23, 1977. Charitable Organizations; Gifts, Intoxicating Liquors; Licenses And Permits; A gift of intoxicating liquors, made by a liquor manufacturer, rectifier or wholesaler to a liquor retailer, does not violate the “tied-house” prohibitions of ch. 176, Stats., when the liquor is […]

RALPH E. SHARP, JR., Corporation Counsel Dodge County Attorney General of Wisconsin — Opinion June 12, 1987 Confidential Reports; Minors; Police; Schools And School Districts; Students; A school cannot use confidential information obtained from law enforcement authorities to require students, under threat of expulsion, to participate in group or individual counseling, nor can the school […]

FRED A. RISSER, Chairperson, Senate Organization Committee Attorney General of Wisconsin — Opinion February 13, 1990 Libraries; A public library system may not charge fees for services which are inconsistent with the provisions of section 43.52 (2), Stats. DONALD J. HANAWAY, Attorney General FRED A. RISSER, Chairperson, Senate Organization Committee You have asked, on behalf […]

JAMES C. EATON, District Attorney Barron County Attorney General of Wisconsin — Opinion March 8, 1977. Counties; Agriculture; County Board; Supervisors, Board Of; Land; Municipalities; Real Estate; Pursuant to secs. 59.07 (1)(a) and 59.873, Stats., a county can own and operate a lime pit in another county, within reasonable distance, if such operation is necessary […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. March 29, 1971. 18-Year-Old Vote — Elections — (Formal) — Local municipal clerks should proceed with registration of 18-, 19- and 20-year-old citizens, newly enfranchised for national election purposes by the Federal Voting Rights Act Amendments of 1970, even though the Wisconsin Legislature […]

MARK MUSOLF, Secretary Department of Revenue Attorney General of Wisconsin — Opinion November 28, 1979. Malt Beverages; The proposed sponsorship of the Miller High Life National Doubles Bowling Tournament does not violate sec. 66.054 (4), Stats., or Wis. Adm. Code section Tax 7.23. BRONSON C. La FOLLETTE, Attorney General MARK MUSOLF, Secretary Department of Revenue […]

FREDERICK A. FINK, District Attorney Washington County Attorney General of Wisconsin — Opinion January 28, 1977. Truant Officers, Minors; Juvenile Court; Criminal Law; Liability; A person cannot be charged with intentionally contributing to the delinquency of a minor under sec. 947.15 (1) (a), Stats., on the basis of an allegation that the person either harbored […]

KATHARINE LYALL, Acting President University of Wisconsin System Attorney General of Wisconsin — Opinion November 19, 1991 Regents, Board Of; Salaries And Wages; University; The University of Wisconsin Board of Regents’ proposed action to raise by one percent the pay range minima and maxima of the academic staff for the 1991-1992 fiscal year requires prior […]

WILLIAM G. THIEL, Corporation Counsel Eau Claire County Attorney General of Wisconsin — Opinion February 27, 1979. Coroner; With one exception, sec. 979.125, Stats., does not operate as a limitation on the authority of the coroner to order the conducting of autopsies under secs. 979.01 and 979.121, Stats. BRONSON C. La FOLLETTE, Attorney General WILLIAM […]

B.J. MULLEN, Director, Bureau of Right of Way, Department of Transportation. Attorney General of Wisconsin — Opinion. July 12, 1973. Outdoor Recreation Act — ORAP funds may be used for the planting of trees and shrubs along state highways and to mark scenic easements as part of the state’s beautification and outdoor recreation programs. ROBERT […]

PATRICK J. LUCEY, Governor of Wisconsin. Attorney General of Wisconsin — Opinion. December 31, 1971. National Guardsmen — Special Counsel — (Formal) — Senate Bill 363 would require that the governor appoint special counsel to defend guardsmen for activity arising out of military duty. ROBERT W. WARREN, Attorney General PATRICK J. LUCEY, Governor of Wisconsin […]

DAVID B. DEDA, District Attorney, Price County Attorney General of Wisconsin — Opinion December 9, 1975. Counties; Highways; County under sec. 349.06, Stats., can enact and enforce a traffic ordinance in strict conformity with state statutes which is applicable to town roads. 30 OAG 431 (1941) and 38 OAG 184 (1949) no longer state the […]

THE WISCONSIN LEGISLATURE, State Capitol Attorney General of Wisconsin — Opinion July 3, 1980. Citizens Utility Board; Corporations; The creation of a corporation, the Citizens Utility Board, under ch. 199, Stats., is constitutional. BRONSON C. La FOLLETTE, Attorney General THE WISCONSIN LEGISLATURE State Capitol Chapter 72, Laws of 1979, the Citizens Utility Board Act, became […]

H. EDWIN YOUNG, President, University of Wisconsin System Attorney General of Wisconsin — Opinion January 31, 1978. Discrimination; Interstate Commerce; Investments; Regents, Board Of; University; Section 36.29 (1), Stats., which prohibits investment of University funds in companies which practice or condone discrimination is not an undue burden on interstate commerce, does not improperly interfere with […]

CHARLES B. AVERY, District Attorney, Langlade County. Attorney General of Wisconsin — Opinion. September 9, 1971. Common School Tax — County Board of Supervisors — (Informal) — Provisions of sec. 59.07 (21), Stats., are mandatory with respect to levy to be made by county board of supervisors for common school tax. ROBERT W. WARREN, Attorney […]

ED JACKAMONIS, Speaker State Assembly Attorney General of Wisconsin — Opinion September 28, 1981. Elections; Legislation; 1981 Assembly Bill 176, which would create a congressional campaign fund to provide public funding for qualified candidates from Wisconsin for the United States House of Representatives, is preempted by the Federal Election Campaign Act. BRONSON C. La FOLLETTE, […]

THOMAS P. FOX, Commissioner Office of Commissioner of Insurance Attorney General of Wisconsin — Opinion July 3, 1985 HMO; Health And Social Services, Department Of, Health maintenance organizations which contract with the Department of Health and Social Services to provide coverage to medical assistance recipients are required to offer continuation of benefits to those whose […]

ALVIN M. TANDBERG, Executive Secretary Wisconsin Real Estate Examining Board Attorney General of Wisconsin — Opinion February 15, 1979. Licenses And Permits; Real Estate Examining Board; Neither secs. 440.20, 452.10 (2), Stats., nor rules of the Department of Regulation and Licensing require the Board to hold hearing where citizen files verified complaint with Board requesting […]

TOM LOFTUS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion April 7, 1987 Funds; Municipalities; A local unit of government may not create and accumulate unappropriated surplus funds. However, a local unit of government may maintain reasonable amounts necessary in the exercise of sound business principles to meet the immediate cash flow needs […]

R.J. MCMAHON, Commissioner Office of the Commissioner of Savings and Loan Attorney General of Wisconsin — Opinion February 4, 1980 Commitments; Usury; Commitment fees which are bona fide in nature are not a part of interest under sec. 138.05, Stats., although across the board fees imposed without regard for the customer’s need or desire for […]

EVERETT B. HALE, Corporation Counsel, Taylor County Attorney General of Wisconsin — Opinion February 14, 1990 Counties; Ordinances; Register Of Deeds; A register of deeds may not refuse to record instruments that are recordable under state law but are not in compliance with a county subdivision ordinance requiring the preparation of a certified survey map […]

PATRICK J. FARAGHER, Corporation Counsel Washington County Attorney General of Wisconsin — Opinion April 13, 1989 Compatibility; Coroner; Sheriffs; The offices of coroner and deputy coroner are incompatible with that of city police officer; and the office of coroner is incompatible with that of assistant chief of a volunteer fire department. DONALD J. HANAWAY, Attorney […]

TIMOTHY O. KOHL, Chief of Legal Coordination, Department of Transportation. Attorney General of Wisconsin — Opinion. February 29, 1972. Interest Payments — Condemnation — Interest on the verdict provision of sec. 271.04 (4), Stats., does not apply to interest on the amount by which an original condemnation award was increased by a jury verdict under […]

ELAINE F. ELLIBEE, R.N., Secretary State of Wisconsin Board of Nursing Attorney General of Wisconsin — Opinion May 17, 1976 Nurses; A licensed practical nurse may serve as a “charge nurse” under sec. H 32.08 (5), Wisconsin Administrative Code, but in so doing must avoid activities which would constitute the practice of professional nursing under […]

PHILIP E. LERMAN, Chairman, Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion September 13, 1974. Industry, Labor And Human Relations, Department Of; Open Meeting; Joint apprenticeship committees, appointed pursuant to 4 Wis. Adm. Code, sec. 85.02, are governmental bodies within the meaning of sec. 66.77 (2) (c), Stats., and subject […]

MEMBERS OF JOINT COMMITTEE ON LEGISLATIVE ORGANIZATION. Attorney General of Wisconsin — Opinion. March 24, 1971. Reapportionment — Legislature — (Formal) — Reapportionment of the Wisconsin Legislature discussed in reference to Art. IV, secs. 1 through 5, Wis. Const., and the Fourteenth Amendment of the U.S. Const. ROBERT W. WARREN, Attorney General MEMBERS OF JOINT […]

DR. GEORGE HANDY, State Health Officer, Department of Health and Social Services. Attorney General of Wisconsin — Opinion. March 2, 1971. Plumbing — Sprinkler Systems — (Formal) — The installation of condensate drainpipes from air-conditioning units and like equipment where the condensate waste is discharged into a proper drainage system through an air-gap connection is […]

CAL W. KORNSTEDT, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion March 31, 1988 Municipalities, Waste Management, Proposed municipal solid waste facilities which replace existing municipal solid waste facilities are not exempt from the needs determination under section 144.44 (2)(nm), Stats. DONALD J. HANAWAY, Attorney General CAL W. KORNSTEDT, Corporation Counsel Dane County […]