Category: Wisconsin Attorney General Opinions

DAVID ADAMANY, Chairman State Elections Board Attorney General of Wisconsin — Opinion October 27, 1976. Campaign Expenses; Elections; Voting; Public Officials; Candidates; Campaign contribution limits contained in sec. 11.26 (1) (d), (2), and (9), Stats., are probably valid and enforceable, despite the fact that they are expressed as a percentage of disbursement limits in sec. […]

CLEMENS V. HEDEEN, District Attorney, Door County Attorney General of Wisconsin — Opinion September 30, 1974. Court Commissioner; Salaries And Wages; Part-time Family Court Commissioner also serving as District Attorney not entitled to practice law privately is entitled to minimum salary of $16,500 as District Attorney by reason of sec. 59.471 (3), Stats., separate salary […]

LOWELL B. JACKSON, Secretary Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion November 23, 1981. Discrimination; Housing; Industry, Labor And Human Relations, Department Of; The Wisconsin Open Housing Law permits, but does not require, the Department of Industry, Labor and Human Relations to receive and process class action complaints of […]

JAMES DUVALL, Corporation Counsel Buffalo County Attorney General of Wisconsin — Opinion April 10, 1991 Criminal Law; Extradition; Law Enforcement; Prisons And Prisoners; Sheriffs; Uniform Criminal Extradition Act; A Wisconsin law enforcement officer may transport a prisoner out of state for emergency medical treatment. Upon leaving Wisconsin, a law enforcement officer from the receiving state […]

ALEX J. RAINERI, District Attorney, Iron County. Attorney General of Wisconsin — Opinion. September 19, 1973. Criminal Law — Juvenile Court — Under the provisions of sec. 48.12, Stats., the Iron County juvenile court has jurisdiction of delinquency petitions based on violation of the Michigan criminal law by children who are residents of and present […]

PATRICK H. STIEHM, District Attorney, Washburn County Attorney General of Wisconsin — Opinion April 5, 1977. Counties; County Board; Forests; Land; Natural Resources, Department Of; Public Lands; County boards cannot sell or exchange county forest lands without first withdrawing them from the county forest program under sec. 28.11 (11), Stats. The term “exchange” does not […]

PHILIP E. LERMAN, Chairman, Department of Industry, Labor and Human Relations. Attorney General of Wisconsin — Opinion. August 14, 1972. Occupational Safety Laws — Industry, Labor And Human Relations Department — Under sec. 16.54, Stats., Wisconsin may enter into an agreement with the Federal Government under sec. 18 (b), Occupational Safety and Health Act of […]

RALPH E. SHARP, JR., Corporation Counsel County of Dodge Attorney General of Wisconsin — Opinion August 7, 1990 Corporation Counsel; Duties and obligations of the corporation counsel in involuntary civil commitment proceedings under chapter 51, Stats., discussed. DONALD J. HANAWAY, Attorney General RALPH E. SHARP, JR., Corporation Counsel County of Dodge You ask five questions […]

TIMOTHY F. CULLEN, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion April 11, 1985 Counties; Mineral Rights; In tax delinquency proceedings, a county acquires fee simple title to land, including mineral interests therein, whether severed or not. 25 Op. Att’y Gen. 630 (1936); 49 Op. Att’y Gen. 77 (1960); 49 Op. Att’y Gen. […]

ROBERT R. RINGWOOD, State Auditor Legislative Audit Bureau Attorney General of Wisconsin — Opinion March 13, 1975 Public Welfare, Department Of; Purchases, Bureau Of; The provisions of ch. 16, subch. IV, Stats., applying to state purchases, do not apply to the purchase of materials, supplies, equipment and other personal property and contractual services made by […]

EVERETT E. BOLLE, Assembly Chief Clerk Committee on Assembly Organization Attorney General of Wisconsin — Opinion June 6, 1978. Cities; Compatibility; Public Officials; Teachers; Compatibility of the office of alderperson with positions of city employe, teacher in city school district and firefighter discussed in general terms. BRONSON C. La FOLLETTE, Attorney General EVERETT E. BOLLE, […]

DR. BARBARA THOMPSON, State Superintendent, Department of Public Instruction Attorney General of Wisconsin — Opinion October 4, 1974. Public Instruction, Superintendent Of; Schools And School Districts; The Department of Public Instruction may, if so authorized under sec. 16.54, Stats., implement the School Lunch Program and Special Food Service Plan for Children in secular and sectarian […]

EUGENE I. LEHRMANN, Director, Board of Vocational, Technical Adult Education. Attorney General of Wisconsin — Opinion. June 30, 1971. County Board Chairman — Board of Vocational, Technical Adult Education — (Informal) — County board chairman acts for county on special group which appoints members of district board of vocational, technical and adult education, even where […]

JAMES R. KIMMEY, Division of Health Policy and Planning, Department of Administration. Attorney General of Wisconsin — Opinion. September 19, 1973. Municipalities — Nursing Homes — A village has power to own and operate a home for the aged, finance the same under secs. 66.066, 66.067, and lease facility to a nonprofit corporation but probably […]

J.S. HOLT, Secretary, Board of Regents, University of Wisconsin System Attorney General of Wisconsin — Opinion July 10, 1974. Land; University; The University of Wisconsin System may sell a dormitory which no longer is needed for educational purposes upon such terms as are agreeable to the Wisconsin State Agencies Building Corporation and H.U.D. to guarantee […]

EDWARD A. WIEGNER, Secretary, Department of Revenue. Attorney General of Wisconsin — Opinion. October 24, 1973. Public Administrator — Fees — Abolition of the office of public administrator, effective January 1, 1974, by ch. 90, Laws of 1973, requires that such officers submit their final reports and claims for fees as soon after 1973 as […]

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 […]

MICHAEL J. HARVEY, Corporation Counsel Ozaukee County Attorney General of Wisconsin — Opinion November 6, 1987 County Board; Open Meeting; A county board chairperson and a county board committee are not authorized by section 19.85 (1)(c), Stats., to meet in closed session to discuss appointments to county board committees; however, in appropriate circumstances section 19.85 […]

OWEN R. WILLIAMS, District Attorney St. Croix County Attorney General of Wisconsin — Opinion December 29, 1975 Indigent; Municipalities; Law enforcement officials of this state, insofar as it is within their power to do so, ought to establish procedures for giving notice to those who face possible incarceration on account of their failure to pay […]

GARY I. GATES, Secretary Department of Employe Trust Funds Attorney General of Wisconsin — Opinion November 20, 1990 Deferred Compensation Board; Employe Trust Funds, Department Of; Words And Phrases; Section 40.80 (2m), Stats. (as created by 1989 Wisconsin Act 31), requires the Deferred Compensation Board to establish administrative rules for alternative or supplemental deferred compensation […]

THE HONORABLE, THE ASSEMBLY. Attorney General of Wisconsin — Opinion. October 15, 1971. Cosmetic Arts — Licensing — (Formal) — Senate Bill No. 216 (1971) would be unconstitutional if enacted into law. ROBERT W. WARREN, Attorney General THE HONORABLE, THE ASSEMBLY Senate Bill No. 216 (1971), if enacted into law, would remove the exemption of […]

PHILLIP M. STEANS, District Attorney, Dunn County. Attorney General of Wisconsin — Opinion. June 23, 1972. Liquor License — Public School — The definition of public school in sec. 176.05 (9m) (a), Stats., does not encompass state universities. ROBERT W. WARREN, Attorney General PHILLIP M. STEANS, District Attorney, Dunn County You have requested my opinion […]

WILBUR J. SCHMIDT, Secretary, Department of Health and Social Services Attorney General of Wisconsin — Opinion July 24, 1974. Health And Social Services, Department Of; Section 46.16, Stats., does not convey authority to the Department of Health and Social Services to order methods of operation, numbers and qualifications of staff, standards for food service, and […]

MARSHALL H. BOYD, District Administrator Portage Public Schools Attorney General of Wisconsin — Opinion March 26, 1977. Anti-Secrecy; Collective Bargaining; Education, Board Of; Open Meeting; Schools And School Districts; Discussion of public notice requirements for meetings of city district school board under secs. 19.81–19.98 and 120.48, Stats. Page 94 BRONSON C. La FOLLETTE, Attorney General […]

JAMES A. BOTTONI, JR., Corporation Counsel Washington County Attorney General of Wisconsin — Opinion June 11, 1976 Medical Aid; Public Health; Municipalities; Reimbursement; Transportation; Medical Treatment; County Board; Power of county to provide limited rescue functions in connection with ambulance service and to make reasonable charges therefor discussed in view of secs. 59.07 (41), 146.35 […]

DAVID E. NELSON, District Attorney, Richland County. Attorney General of Wisconsin — Opinion. August 28, 1972. Bicycles — Auxiliary Seat — Discussion of number of persons who can operate a single bicycle. ROBERT W. WARREN, Attorney General DAVID E. NELSON, District Attorney, Richland County Section 346.79 (2), Stats., provides: “No bicycle shall be used to […]

JOE E. NUSBAUM, Secretary, Department of Administration. Attorney General of Wisconsin — Opinion. January 11, 1973. University — Travel Expense — Trust Funds — University cannot accept trust funds which are for unlawful purpose and expenditure of trust funds must comply with special and general laws. ROBERT W. WARREN, Attorney General JOE E. NUSBAUM, Secretary, […]

ROBERT HAASE, Commissioner Office of the Commissioner of Insurance Attorney General of Wisconsin — Opinion September 23, 1988 Insurance; State; Words And Phrases; Mandatory assessment against “all insurers” which subsidizes Health Insurance Risk-Sharing Plan, subchapter II of chapter 619, Stats., does not apply to the state’s self-insurance plan because laws of general application do not […]

FRED A. RISSER, President Attorney General of Wisconsin — Opinion February 12, 1982. Open Meetings; Reapportionment, The December 2, 1981, meeting of the Senate Special Committee on Reapportionment was probably held in violation of Wisconsin’s Open Meetings of Governmental Bodies law. BRONSON C. La FOLLETTE, Attorney General FRED A. RISSER, President WILLIAM A. BABLITCH, Majority […]

CHARLES A. POLLEX, District Attorney, Adams County. Attorney General of Wisconsin — Opinion. July 16, 1973. County Board — Zoning — Municipalities — A town board, granted village powers under sec. 60.18 (12), Stats., is not required to petition its county board prior to adopting a town zoning ordinance. Sec. 60.74 (1) (am) and (7), […]

KEITH ZEHMS, Corporation Counsel Eau Claire County Attorney General of Wisconsin — Opinion April 21, 1987 County Board; Public Officials; Real Estate; Where the county board as a whole must decide whether to purchase land, a county board supervisor would violate section 946.13 (1)(a), Stats., if land owned by his partnership was sold to the […]

MARCEL DANDENEAU, Chief Clerk Wisconsin State Assembly Attorney General of Wisconsin — Opinion May 1, 1980. Establishment Clause, U.S. Constitution; National School Lunch Act; United States Constitution art. I, and Wisconsin Constitution art. 1, sec. 18, do not prohibit the state from disbursing state matching funds under National School Lunch Act (Pub.L. 79-396) to private […]

RAY A. SUNDET, Corporation Counsel, La Crosse County. Attorney General of Wisconsin — Opinion. May 25, 1971. County Corporation Counsel — Non-support and Paternity Cases — (Informal) — Reciprocal non-support actions under sec. 52.10, Stats., and paternity proceedings may be prosecuted by corporation counsel rather than district attorney only upon direction by resolution or ordinance […]

DAVID J. HERRICK, District Attorney Florence County Attorney General of Wisconsin — Opinion March 26, 1991 Counties; Liability; “Volunteer Registration Form” utilized by county human services department to register volunteer drivers who transport department clients is ineffective to release county from civil liability in event client is injured or killed in accident. Moreover, an attempt […]

CAL W. KORNSTEDT, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion January 11, 1988 Property; Taxation; When the deadline dates for making property tax installment payments fall on Sundays, the deadlines for making personal payments and postmarking mailed payments are extended to the next business days, which in 1988 are February 1 and […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion July 23, 1980. Courts; Probation And Parole; Probation consecutive terms. Under sec. 973.09 (1), Stats., a court may not impose consecutive probation terms. BRONSON C. La FOLLETTE, Attorney General DONALD E. PERCY, Secretary Department of Health and Social Services […]

ROBERT RAHR FLATLEY, Corporation Counsel, Brown County. Attorney General of Wisconsin — Opinion. February 29, 1972. County Executive — County Highway Committee — County executive does not have the authority to appoint members of the county highway committee. County board appoints such members by electing them. ROBERT W. WARREN, Attorney General ROBERT RAHR FLATLEY, Corporation […]

DENNIS LIEDER, District Attorney Burnett County Attorney General of Wisconsin — Opinion October 2, 1981. Civil Rights; Discrimination; Prisons And Prisoners; The provisions of sec. 53.41, Stats., which require that at least one jailer on duty be of the same sex as those persons in custody does not conflict with the anti-sex discrimination provisions of […]

ROBERT RAHR FLATLEY, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion May 7, 1974 Clerk of Courts; Civil Service; Provisions of a county civil service ordinance enacted under sec. 59.07 (20), Stats., or collective bargaining agreement entered into pursuant to sec. 111.70, Stats., establishing a procedure to be followed prior to discharge of […]

THE HONORABLE, THE ASSEMBLY. Attorney General of Wisconsin — Opinion. August 11, 1971. Annexation and Incorporation — (Formal) — Boundary Review Board — The legislature can constitutionally provide for the annexation of territory without referendum for approval by the electors and landowners in the territory to be annexed. Assembly Bill No. 64 (1971), proposed sec. […]

KEN TIMPEL, Fiscal Officer Administrator of Courts Attorney General of Wisconsin — Opinion JANUARY 11, 1979. Compensation; County Judge; If Senator Keppler assumes judicial office to which he was elected during his term as legislator, his compensation during his entire judicial term would be that which was applicable to the office of county judge of […]

MANUEL CARBALLO, Secretary, Department of Health and Social Services Attorney General of Wisconsin — Opinion July 29, 1976. Public Welfare; Dependent Children; Children; Minors; Reimbursement; Welfare; Department of Health and Social Services should seek legislative authority before promulgating rules on recoupment of improperly paid AFDC payments. BRONSON C. La FOLLETTE, Attorney General MANUEL CARBALLO, Secretary, […]

CLARKE SMITH, Secretary, The Regents of the University of Wisconsin System. Attorney General of Wisconsin — Opinion. January 6, 1972. Deferred Salary Plan — Board of Regents — The Board of Regents of the University of Wisconsin System has no authority to provide a deferred salary plan for employes other than through the State Teachers […]

FREDERIC P. FELKER, Corporation Counsel Douglas County Attorney General of Wisconsin — Opinion June 17, 1988 Counties; Real Estate; Taxation; Tax Sales; Subsections (5), (6) and (7) of section 75.35, Stats., created by 1987 Wisconsin Act 27 first apply to sales of property the county acquired at a section 74.39 tax sale on or after […]

WILLIAM E. CHASE, District Attorney, Ashland County. Attorney General of Wisconsin — Opinion. July 18, 1972. County Board Expenditures — Conservation Congress — Counties lack authority to pay expenses of a person attending a meeting of the Wisconsin Conservation Congress. ROBERT W. WARREN, Attorney General WILLIAM E. CHASE, District Attorney, Ashland County You have requested […]

ROBERT J. RICHARDSON, District Attorney, Pierce County. Attorney General of Wisconsin — Opinion. November 13, 1972. Highway Commissioner — County Board — Incumbent County supervisor must resign before county board may consider his appointment as highway commissioner. ROBERT W. WARREN, Attorney General ROBERT J. RICHARDSON, District Attorney, Pierce County You advise that the Pierce County […]

DENNIS J. FLYNN, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion October 2, 1974. Counties; Office of Commissioner on Policy Board of Consortium of counties under federal Comprehensive Employment and Training Act and office of President of District Vocational Technical and Adult Educational School Board which would be applicant and competitor for funds […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion March 23, 1982. Health And Social Services, Department Of; Probation And Parole; The Department of Health and Social Services may not grant jail credit where it is not provided for by statute; credit is not to be granted to […]

WILLIAM P. NUGENT, Chief Clerk Senate Attorney General of Wisconsin — Opinion March 26, 1974. Pollution; The definition of “air quality” contained in State Amendment 2 to 1973 Senate Bill 40 is adequate to comply with the federal Clean Air Act of 1970 (P.L. 91-604) as recently construed in federal court decisions. The definition of […]

GLENN L. HENRY, Corporation Counsel, Dane County. Attorney General of Wisconsin — Opinion. July 18, 1972. Elective County Executive — County Board — County board can abolish office of county administrator by majority vote, but is without power to abolish elective office of county executive. ROBERT W. WARREN, Attorney General GLENN L. HENRY, Corporation Counsel, […]

JOHN R. WAGNER, Circuit Judge Grant County Attorney General of Wisconsin — Opinion December 10, 1980 Courts; Criminal Law; Law enforcement officials may require a person appearing pursuant to a summons to be fingerprinted and photographed. A court may condition a person’s release from custody on bail upon the taking of fingerprints and photographs. BRONSON […]

VEL PHILLIPS, Secretary of State Attorney General of Wisconsin — Opinion June 22, 1981. Cities; Villages; An incorporation referendum, held pursuant to sec. 66.018, Stats., is effective immediately if a majority of the votes cast are for incorporation. BRONSON C. La FOLLETTE, Attorney General VEL PHILLIPS Secretary of State You have requested my opinion “as […]

L.P. VOIGT, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion November 22, 1974. Natural Resources, Department Of; Public Records; Public’s right under sec. 19.21, Stats., to inspect land acquisition files discussed. VICTOR A. MILLER, Attorney General L.P. VOIGT, Secretary, Department of Natural Resources You have requested my opinion on several questions regarding […]

RICHARD DELAP, Chairman, Nursing Home Appeals Board. Attorney General of Wisconsin — Opinion. November 6, 1972. Nursing Homes — Reimbursement Rates — Discussion of liability of members of Nursing Home Appeals Board retroactive adjustment in nursing home rates under ch. 215, Laws of 1971. ROBERT W. WARREN, Attorney General RICHARD DELAP, Chairman, Nursing Home Appeals […]

JOSEPH NOLL, Secretary Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion November 20, 1979. Garnishment; Salaries And Wages; A wage garnishment of a public employe under sec. 812.23, Stats., results in a continuing withholding of wages, less allowances specified in sec. 812.18 (2), Stats., until the amount demanded in the […]

L.P. VOIGT, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion December 3, 1975. Conservation Wardens; Snowmobiles; A conservation warden, acting pursuant to the arrest power conferred upon him by sec. 29.05 (1), Stats., may arrest with or without a warrant, any person detected in the actual violation, or any person whom such […]

GEORGE GREELEY, Secretary, Department of Regulation Licensing. Attorney General of Wisconsin — Opinion. December 23, 1971. Charitable Solicitations — League of Women Voters — (Formal) — The League of Women Voters of Wisconsin, Inc., and its local league organizations, fall within the definition of a “charitable organization” as defined in sec. 440.41 (1) (a), Stats., […]

RALPH E. SHARP, JR., Corporation Counsel Dodge County Attorney General of Wisconsin — Opinion June 16, 1987 County Board; Funds; Under section 65.90(5), Stats., a vote of two-thirds of the entire membership of the county board is needed to transfer funds from the contingency fund to use for a purpose not anticipated in the budget. […]

ANGELINE D. MILLER, Corporation Counsel Juneau County Attorney General of Wisconsin — Opinion March 26, 1991 Counties; District Attorney; It is the responsibility of the county to develop position descriptions, determine salaries and compile a list of eligible applicants for investigative and support staff positions within the district attorney’s office. It is the district attorney’s […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County Attorney General of Wisconsin — Opinion December 19, 1977. Foster Homes; Residence, Domicile And Legal Settlement; Zoning; A local zoning ordinance which limits occupation of single family dwellings to one or more persons related by blood, adoption or marriage or not more than two unrelated persons while valid […]

GLENN L. HENRY, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion October 15, 1982. Cities; County Board; Ordinances; Taxation; Words And Phrases; Section 74.80(2), Stats., permits counties and cities to impose by ordinance a flat six percent or less penalty on overdue real estate taxes and special assessments, regardless of when they became […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion August 24, 1977. Newspapers; Open Meeting; Schools And School Districts; The presence of more than one-half of the members of a governmental body in one place presumptively creates a meeting within the meaning of the open meeting law, but the […]

R. ROTH JUDD, Executive Director, State Ethics Board Attorney General of Wisconsin — Opinion November 12, 1975. Public Officials; When one person holds two government positions and sec. 19.42 (8), Stats., identifies the holder of one of the positions as a state public official and specifically exempts from that definition the holder of the other […]

GERALD J. FERWERDA, Executive Secretary Elections Board Attorney General of Wisconsin — Opinion February 28, 1979. Elections; The statutory prohibition against political contribution and disbursements by corporations or cooperatives in support of or in opposition to any referendum to be submitted to the voters in sec. 11.38 (1) (a) 1., Stats., is unconstitutional. Other prohibitions […]

HOWARD G. BJORKLUND, Administrator Division of Law Enforcement Services Department of Justice Attorney General of Wisconsin — Opinion November 11, 1976. Residence; Aliens; Citizenship And Naturalization; Law Enforcement; Sections 62.13 (4) (d) and 66.11 (1), Stats., making citizenship a prerequisite to becoming a police officer or deputy sheriff violate the Fourteenth Amendment of the United […]

JAMES L. CIRILLI, District Attorney, Douglas County Attorney General of Wisconsin — Opinion December 30, 1975. Counties; Under sec. 21.14, Stats., county employe, who is member of National Guard, is entitled to leave of absence to attend summer encampment, but is not necessarily entitled to paid leave. BRONSON C. La FOLLETTE, Attorney General JAMES L. […]

GEORGE BLAKELY, Attorney, City of Beloit Attorney General of Wisconsin — Opinion June 29, 1977. Anti-Secrecy; Open Meeting; Schools And School Districts; Specificity of notice required by governmental body where agenda item includes item “Citizens and Delegations,” cross reference 66 OAG 68 (1977). BRONSON C. La FOLLETTE, Attorney General GEORGE BLAKELY, Attorney, City of Beloit […]

THE HONORABLE, The Assembly, Legislature Attorney General of Wisconsin — Opinion November 5, 1975. Administrative Code; Natural Resources, Department Of; A proposed revision of Wis. Adm. Code Chapter NR 80, prohibiting the use of the chemical 2,4,5-T unless a permit has been obtained from DNR therefor, is within the statutory authority of DNR as set […]

WAYNE F. MCGOWN, Deputy Secretary, Department of Administration. Attorney General of Wisconsin — Opinion. August 10, 1973. Parking — State Office Building — It is possible for the state to lease one of its parking facilities to an independent contractor upon a finding that an independent contractor can perform the service of operating and maintaining […]

ERNEST C. KEPPLER, Chairman, Senate Organization Committee. Attorney General of Wisconsin — Opinion. July 7, 1972. Department Reorganization — Department Of Industry, Labor And Human Relations — Industry, Labor and Human Relations Commission is without authority to unilaterally allocate the duties and functions of the Equal Rights Division, expressly created by statute and subject to […]

DANIEL J. MIRON, District Attorney, Marinette County. Attorney General of Wisconsin — Opinion. March 16, 1973. Forests — Condemnation — County lands are not subject to condemnation by a town absent express statutory authority authorizing such condemnation. ROBERT W. WARREN, Attorney General DANIEL J. MIRON, District Attorney, Marinette County You have requested my opinion as […]

MARK E. MUSOLF, Secretary Department of Revenue Attorney General of Wisconsin — Opinion March 4, 1980 Fees; Sheriffs; Section 71.13(3)(g), Stats., requires that the sheriff of Milwaukee County perform duties of service and filing in connection with collection of state income and franchise taxes pursuant to sec. 71.13, Stats., without advancement of fees by the […]

MATTHEW F. ANICH, District Attorney Ashland County Attorney General of Wisconsin — Opinion March 8, 1979 Per Diems, Public Officials; County board supervisor who is also member of a committee of the county board or of county highway committee can only receive one per diem on days board meets but can receive mileage allowance provided […]

ROBERT P. SORENSON, PH.D., State Director Board of Vocational, Technical and Adult Education Attorney General of Wisconsin — Opinion January 13, 1982. Public Records, Vocational And Adult Education; Words And Phrases; A local vocational, technical and adult education district is a “school district” within the meaning of the Wisconsin Public Records Law. Sec. 19.21, Stats. […]

JOHN HOGAN, District Attorney Oneida County Attorney General of Wisconsin — Opinion August 22, 1984 COUNTIES; 51.42 BOARD; Although a multi-county combined 51.42/51.437 board may make cuts in non-emergency services to the residents of a county that does not provide its proportionate share of funding to that board, an individual county may not escape its […]

FRED A. RISSER, State Senator Attorney General of Wisconsin — Opinion September 19, 1989 Banks And Banking; Corporations; A chapter 180 corporation cannot offer general trust services to the public, notwithstanding compliance with section 223.105, Stats. DONALD J. HANAWAY, Attorney General FRED A. RISSER, State Senator You have requested my opinion on two questions: 1. […]

LINDA REIVITZ, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion April 17, 1986 Probation and Parole; Words and Phrases; Worker’s Compensation; Probationers who provide child-care services under a state-run program as a condition of their probation are not agents of the state for purposes of indemnity, but they are county […]

PAUL M. NEWCOMB, Corporation Counsel, Sauk County. Attorney General of Wisconsin — Opinion. October 12, 1972. Marriage Laws — Age Of Majority Law — A male person under 18 years of age is of nonmarriageable age, which law was not affected by the age of majority law. ROBERT W. WARREN, Attorney General PAUL M. NEWCOMB, […]

HUGH HENDERSON, Secretary Department of Employment Relations Attorney General of Wisconsin — Opinion February 14, 1979. Employer And Employe; Discussion of sec. 230.36, Stats. — continuation of pay to employe injured in hazardous employment, with respect to long-term disability. BRONSON C. La FOLLETTE, Attorney General HUGH HENDERSON, Secretary Department of Employment Relations Your predecessor requested […]

GERALD J. FERWERDA, Executive Secretary State Elections Board Attorney General of Wisconsin — Opinion May 3, 1979. Elections; If the Elections Board is presented with a valid petition for the recall of a member of Congress pursuant to Wis. Const. art. XIII, sec. 12, and sec. 9.10, Stats., it must initiate the recall election unless […]

LARRY A. SIEGER, District Attorney, Vernon County Attorney General of Wisconsin — Opinion September 9, 1976. County Supervisor; Counties; Public Welfare; Welfare; County Board; Employer And Employe; Administrative Procedure; County board of supervisors is without power to hire and fire employes of county welfare department as such power, in counties under 500,000 which have not […]

DAVID D. LEEPER, District Attorney, Green County Attorney General of Wisconsin — Opinion February 2, 1978. Appropriations And Expenditures; Attorneys; Compatibility; Compensation; Corporation Counsel; Counties; County Board; County Corporation Counsel; District Attorney; Expenditures; Funds; Gifts; Indigent; Ordinances; Public Officials; Salaries And Wages; 1. Corporation counsel employed on part-time basis cannot accept employment as defense counsel […]

JAMES L. KARNS, Administrator, Division of Motor Vehicles. Attorney General of Wisconsin — Opinion. June 15, 1971. Suspension of Driver’s License — Hearings Under Safety Responsibility Law — (Informal) — Suspension of licenses under sec. 344.14, Stats., due process requires opportunity for hearing on issue of fault. ROBERT W. WARREN, Attorney General JAMES L. KARNS, […]

GEORGE H. HANDY, M.D., State Health Officer, Department of Health and Social Services Attorney General of Wisconsin — Opinion December 30, 1975. Nursing Homes; The governing body and/or administrator of a nursing home is not accountable for the actions of nursing home patients when such patient is not physically present in the nursing home. BRONSON […]

JOSEPH SALITURO, Corporation Counsel, Kenosha County Attorney General of Wisconsin — Opinion June 18, 1974. County Treasurer; Taxation; County Treasurer has duty to collect personal property tax returned delinquent by the town, but may charge tax back to the town after one year. Collection methods discussed. Page 205 ROBERT W. WARREN, Attorney General JOSEPH SALITURO, […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion May 3, 1978. Automobiles And Motor Vehicles, Health And Social Services, Department Of; Liability, Licenses And Permits; Medical Aid; Public Health; Public Officials; The Department of Health and Social Services has authority to establish standards for ambulance attendants under […]

R. ROTH JUDD, Executive Director Ethics Board Attorney General of Wisconsin — Opinion September 29, 1988 Constitutional Law; Public Officials; Words And Phrases; Article XIII, section 11 of the Wisconsin Constitution discussed. DONALD J. HANAWAY, Attorney General R. ROTH JUDD, Executive Director Ethics Board You have asked several questions concerning the meaning of article XIII, […]

JAMES CARLSON, District Attorney Walworth County Attorney General of Wisconsin — Opinion March 1, 1979. Ordinances; University; Campus police have jurisdiction to arrest only on campus unless deputized by a sheriff. Local ordinances are not applicable on campus. BRONSON C. La FOLLETTE, Attorney General JAMES CARLSON, District Attorney Walworth County In your letter of February […]

WILLIAM J. SCHUH, Corporation Counsel, Outagamie County Attorney General of Wisconsin — Opinion June 21, 1974. County Board Chairman; County Clerk; County Executive Committee; Where County Board has designated the County Executive as purchasing officer and county auditor, neither County Clerk nor County Board Chairman has authority to issue a directive to department heads requiring […]

L.P. VOIGT, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion October 17, 1974. Forests; Natural Resources, Department Of; The Department of Natural Resources has no authority to construct spectator sport facilities in state forests, nor has it authority to lease state forest lands for such purpose. VICTOR A. MILLER, Attorney General L.P. […]

PAMELA J. KAHLER, Corporation Counsel Dunn County Attorney General of Wisconsin — Opinion October 14, 1988 County Clerk; Fees; Changes made to section 29.09(7m), Stats., by 1987 Wisconsin Act 27 did not alter the county board’s authority to permit the county clerk to keep the issuing fees prescribed by sections 29.09(10) and 29.092(15) as part […]

THOMAS E. VAN ROY, District Attorney Sawyer County Attorney General of Wisconsin — Opinion June 16, 1986 Namekagon Portage Trail; Words and Phrases; The “Namekagon Portage Trail” is not impressed with a public trust under article IX, section 1 of the Wisconsin Constitution. BRONSON C. La FOLLETTE, Attorney General THOMAS E. VAN ROY, District Attorney […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. January 20, 1972. Absentee Ballot — Election — Where an American citizen abandons his Wisconsin residency, moves from the United States and establishes a new permanent residence in a foreign country, no present provisions of law afford such citizen the right to vote […]

RICHARD C. KELLY, District Attorney, Juneau County Attorney General of Wisconsin — Opinion September 27, 1974. Defendant; District Attorney; Under new Evidence Rule (sec.)906.09, defendant may not be cross-examined about prior convictions until the court has ruled in proceedings under Rule (sec.) 901.04 that such convictions are admissible. Nature of former convictions may now be […]

ED JACKAMONIS, Speaker Wisconsin State Assembly Attorney General of Wisconsin — Opinion August 7, 1980. Appropriations And Expenditures, Constitutionality; Navigable Waters; Dredging a navigable waterway to alleviate periodic flooding is not a prohibited “work of internal improvement” within the meaning of Wis. Const. art. VIII, sec. 10. BRONSON C. La FOLLETTE, Attorney General ED JACKAMONIS, […]