Category: Wisconsin Attorney General Opinions

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 […]

ROBERT P. RUSSELL, Corporation Counsel, Milwaukee County. Attorney General of Wisconsin — Opinion. February 29, 1972. County Board — Election of Chairman — County board cannot adopt a resolution which infringes on the power of succeeding board to elect its chairman and vice-chairman. Supervisor can require that votes of county board be taken in a […]

RICHARD A. ERNEY, Director State Historical Society Attorney General of Wisconsin — Opinion April 9, 1984 HISTORICAL SOCIETY, STATE; OPEN MEETING; WORDS AND PHRASES; The Historic Sites Foundation, Inc., created under the provisions of chapter 181, Stats., by the Board of Curators of the State Historical Society of Wisconsin acting in their individual capacities, is […]

L.P. VOIGT, Secretary, Department of Natural Resources. Attorney General of Wisconsin — Opinion. December 31, 1971. Public Water Supply System — Department of Natural Resources — (Formal) — The Department of Natural Resources has the authority to order a municipality to construct a public water supply under sec. 144.025 (2) (r), Stats., upon a finding […]

DAVID H. RAIHLE, Corporation Counsel Chippewa County Attorney General of Wisconsin — Opinion January 5, 1984 CLERK OF COURT; FEES; PUBLIC RECORDS; REGISTER IN PROBATE; The alphabetical index which the register in probate must maintain pursuant to section 851.72(5) is not a court record and thus is open to public access under sections 59.14(1) and […]

ROY E. HAYS, Executive Secretary, Wisconsin Real Estate Examining Board. Attorney General of Wisconsin — Opinion. January 6, 1972. Real Estate Broker — Sales Plan — Real estate brokers may engage in guaranteed sales plans if there is full disclosure and broker does not engage in fraud, misrepresentation or improper dealing. ROBERT W. WARREN, Attorney […]

H.G. NORDLING, District Attorney Bayfield County Courthouse Attorney General of Wisconsin — Opinion November 21, 1990 Public Officials; Towns; No additional compensation of any kind may be paid to town supervisors who serve on the town board of review. Compensation may be increased to a town clerk for service on the board of review if […]

L.P. VOIGT, Secretary, Department of Natural Resources. Attorney General of Wisconsin — Opinion. August 10, 1971. Public Records — Natural Resources Department — (Formal) — Sec. 19.21, Stats. — Inspection of public records obtained under official pledges of confidentiality may be denied where a clear pledge has been made in order to obtain the information, […]

KENNETH F. STELZIG, Chair Employe Trust Funds Board Teachers Retirement Board Attorney General of Wisconsin — Opinion August 30, 1990 Employe Trust Funds Board; Teachers; Teachers Retirement Board; Trust Funds; Wisconsin Retirement Board; Authority of the Employe Trust Funds Board, the Teachers Retirement Board and the Wisconsin Retirement Board in contested cases discussed. DONALD J. […]

WILLIAM F. BOCK, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion September 15, 1976. Hospitals; Education; Physicians; Patients; Health; Medicine; Medical School; Colleges; Pursuant to sec. 59.07 (1) (d) 1., Stats., as amended by ch. 336, Laws of 1975, effective June 13, 1976, Racine County has the authority to establish a hospital outpatient […]

TOM LOFTUS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion August 20, 1990 Automobiles And Motor Vehicles; Constitutional Law; Taxation; A motor vehicle registration fee which varies with the value of the motor vehicle or which is based upon the manufacturer’s suggested retail price and the age of the motor vehicle would not […]

JOHN RADCLIFFE, Coordinator Office of Highway Safety Coordination Attorney General of Wisconsin — Opinion March 30, 1977. Bicycles, Cities; Licenses And Permits, Motor Vehicles; Municipalities, Ordinances; Villages; The licensing of bicyclists, the creation of bicycle courts and the impoundment of bicycles is a matter of statewide concern. Cities and villages cannot exercise such regulation in […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion May 2, 1979. Cooperative Educational Service Agencies; Legislative grant of power to CESA districts to “acquire space” includes power to purchase real estate. BRONSON C. La FOLLETTE, Attorney General DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction You have […]

RICHARD RASMUSSEN, Acting Executive Director Wisconsin Council On Criminal Justice Attorney General of Wisconsin — Opinion February 12, 1982. Fox Valley Vocational, Technical And Adult Education District; Vocational And Adult Education; Neither the Fox Valley Vocational, Technical and Adult Education District nor the East Central Regional Planning Commission has the authority to act as fiscal […]

EVERETT E. BOLLE, Director of Legislative Services, Wisconsin State Assembly Attorney General of Wisconsin — Opinion December 19, 1977. Agriculture; Constitutionality; Homestead; Public Purpose Doctrine; Taxation; Proposals for exemptions of “homestead property” from local property taxation probably are unconstitutional under the equal protection clause of the state and federal constitutions and the tax uniformity clause […]

L.P. VOIGT, Secretary, Department of Natural Resources Attorney General of Wisconsin — Opinion July 19, 1974. Natural Resources, Department Of; Nuisances; Water; A municipality has no jurisdiction over chemical treatment of waters to suppress aquatic nuisances. The Department of Natural Resources is granted statewide supervision over aquatic nuisance control under sec. 144.025 (2) (i), Stats. […]

ANTHONY S. EARL, Secretary Department of Administration Attorney General of Wisconsin — Opinion April 18, 1975 Collective Bargaining; Legislature; Pensions; The legislature would not commit an unfair labor practice if it unilaterally increased state employe pension benefits and costs. Such increases would not apply to employes in collective bargaining units, however, unless the legislature so […]

DOUGLAS LA FOLLETTE, Secretary of State Attorney General of Wisconsin — Opinion June 16, 1988 Lobbying; State; Words And Phrases; The state and its agencies are not “principals” under section 13.62(12), Stats. DONALD J. HANAWAY, Attorney General DOUGLAS LA FOLLETTE, Secretary of State You ask whether a state agency which has officers or employes who […]

KEITH JOHNSON, Acting General Counsel State of Wisconsin Investment Board Attorney General of Wisconsin — Opinion November 1, 1989 Investment Board, Wisconsin; State; Words And Phrases; The State of Wisconsin Investment Board lacks the authority to borrow money and secure that debt utilizing real estate owned by it as an asset of the fixed retirement […]

Mr. Robert Thompson, Chair Attorney General of Wisconsin — Opinion February 24, 1993 Liability; Local Emergency Planning Committee; State Emergency Response Board; State Emergency Response Board (SERB) committee members and Local Emergency Planning Committee (LEPC) subcommittee members appointed by a county board are entitled to indemnity for damage liability under section 895.46 (1)(a), Stats., and […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion November 27, 1979. Natural Resources; Waste Management Fund; The Department of Natural Resources has the authority to reduce or waive the Waste Management Fund fee for solid waste resulting from mining upon a determination that the specific portions of a mine […]

BARBARA NICHOLS, Secretary Department of Regulation and Licensing Attorney General of Wisconsin — Opinion February 17, 1984 HOSPITALS; LAW ENFORCEMENT; LICENSES AND PERMITS; PUBLIC RECORDS; REGULATION AND LICENSING, DEPARTMENT OF; The public records law permits the Department of Regulation and Licensing to refuse to disclose records relating to complaints against health care professionals while the […]

TIM CULLEN, Chairman Senate Organization Committee Attorney General of Wisconsin — Opinion October 29, 1986 Physical Therapists; Public Health; Discussion of circumstances under which a physical therapist may practice without a referral pursuant to section 448.04 (1)(e), Stats. BRONSON C. La FOLLETTE, Attorney General TIM CULLEN, Chairman Senate Organization Committee You have requested my opinion […]

THE HONORABLE, THE SENATE. Attorney General of Wisconsin — Opinion. June 11, 1971. Emergency Public Service Announcements — Deaf — (Formal) — Statute resulting from Assembly Bill 43 (1971) which would require every emergency public service announcement broadcast on television to be also presented in written form would be unenforceable to the extent it conflicts […]

CHARLES A. POLLEX, District Attorney, Adams County. Attorney General of Wisconsin — Opinion. September 15, 1972. Wisconsin Retirement Fund — County Board — County board is without authority to establish alternative retirement system. Page 372 ROBERT W. WARREN, Attorney General CHARLES A. POLLEX, District Attorney, Adams County You provide me with the following fact situation: […]

ROBERT J. MUBARAK, Assistant District Attorney Jackson County Attorney General of Wisconsin — Opinion April 26, 1974 Land; Each of two adjacent platted lots may not be divided for the purpose of sale or building development if such division will result in lots or parcels which do not comply with minimum lot width and area […]

ROBERT P. RUSSELL, Corporation County Milwaukee County Attorney General of Wisconsin — Opinion April 28, 1978. County Court; Incompetents; Public Records; Register In Probate, Section 880.33 (6), Stats., requires closing only of documents filed with the register in probate with respect to ch. 880 proceedings while sec. 55.06 (17). Stats., requires the closing of all […]

ALEX J. RAINERI, District Attorney, Iron County Attorney General of Wisconsin — Opinion August 1, 1974. Courts; Juvenile Court; A pre-petition investigation provided for by sec. 48.19, Stats., is authorized whenever any human being directs information to the juvenile court tending to show that a child is delinquent, in need of supervision, dependent or neglected. […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. November 30, 1971. Oaths — Affirmations — (Informal) — Oaths, affirmations, notary publics and jurats discussed. ROBERT W. WARREN, Attorney General ROBERT C. ZIMMERMAN, Secretary of State In your letter of August 12, 1971, you pose a number of questions relating to oath […]

FRANK VOLPINTESTA, Corporation Counsel Kenosha County Attorney General of Wisconsin — Opinion May 20, 1981. Children; Contempt of Court; Courts; Words And Phrases; Courts of record in the State of Wisconsin have the authority to hold juveniles in contempt of court; limited circumstances under which sanction of imprisonment may be imposed discussed. BRONSON C. La […]

NORMAN M. CLAPP, Secretary Department of Transportation. Attorney General of Wisconsin — Opinion. August 30, 1971. Traffic Patrol Officers, Powers of — Department of Transportation — (Formal) — When properly activated by the governor under sec. 22.165, Stats., officers of the State traffic patrol have the powers of a sheriff under sec. 59.24, Stats., and […]

GLENN L. HENRY, Corporation Counsel, Dane County. Attorney General of Wisconsin — Opinion. April 26, 1973. County Board — Counties under 500,000 do not have authority to create a county department of administration by resolution. ROBERT W. WARREN, Attorney General GLENN L. HENRY, Corporation Counsel, Dane County You inquire whether the Dane County Board of […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. September 7, 1972. Elections — Residency — A candidate for the September primary must be a resident of the district or county at the time he files declaration. ROBERT W. WARREN, Attorney General ROBERT C. ZIMMERMAN, Secretary of State You have requested my […]

ROBERT R. FLATLEY, Corporation Counsel, Brown County Attorney General of Wisconsin — Opinion December 31, 1975. Counties; County Boards are without authority to appropriate funds to a voluntary agency which provides information to the public of services offered by various public and private agencies in the county. Power of a Section 51.42 Board or a […]

RAYMOND L. PAYNE, District Attorney Douglas County Attorney General of Wisconsin — Opinion May 10, 1978. Cities; Counties; County Board; County Treasurer; Ordinances; Real Estate; Taxation; An ordinance enacted by a city council to purchase lands sold for taxes under sec. 74.43 (3), Stats., only becomes operative where the county board has not acted to […]

ROBERT W. WINTER, Assistant Director, Wisconsin State Universities System. Attorney General of Wisconsin — Opinion. February 29, 1972. Student Activity Fees — Board of Regents — The Board of Regents may only charge student fees for activities that relate to a legitimate educational purpose. ROBERT W. WARREN, Attorney General ROBERT W. WINTER, Assistant Director, Wisconsin […]

KENNETH A. LINDNER, Secretary Department of Administration Attorney General of Wisconsin — Opinion November 20, 1979. Rule-Making; Administrative agencies are subject to the rulemaking procedures in making discretionary choices even if those choices are based on opinions of the Attorney General. Conversely, the rule-making procedure does not apply where the opinion describes what the law […]

WILLIAM G. THIEL, Corporation Counsel Eau Claire County Attorney General of Wisconsin — Opinion November 14, 1979. Taxation; Semiannual tax payments varying by one cent are too trivial to justify assessing interest by county treasurer under sec. 74.03 (4), Stats. BRONSON C. La FOLLETTE, Attorney General WILLIAM G. THIEL, Corporation Counsel Eau Claire County You […]

CHARLES M. HILL, SR., Executive Director Wisconsin Council on Criminal Justice Attorney General of Wisconsin — Opinion February 8, 1977. Juvenile Court; Minors, Courts; Licenses And Permits; Counties; County Children’s Home; Public Welfare, Foster Homes; Section 48.31 provides counties with express authority to establish and operate juvenile detention homes and shelter care facilities. Detention homes […]

WILLIS J. ZICK, Corporation Counsel, Waukesha County Attorney General of Wisconsin — Opinion September 13, 1974. Coroner; County Board; County board in county under 500,000 can abolish elective office of coroner and implement medical examiner system to be effective at end of incumbent coroner’s term. Language in 61 OAG 355 (1972) inconsistent herewith is withdrawn. […]

JOHN P. RUNDE, District Attorney Portage County Attorney General of Wisconsin — Opinion July 13, 1987 Courts; A trial court does not have the authority to stay the execution of a sentence of imprisonment to the county jail for more than sixty days except for legal cause or when placing a person on probation; overcrowding […]

JEFFREY B. BARTELL, Commissioner of Securities Attorney General of Wisconsin — Opinion January 20, 1977. Franchises, Contracts; Securities Law, Auto Dealers; The Wisconsin Fair Dealership Law, ch. 135, Wis. Stats., is a public policy declaration concerning the unwarranted termination of dealerships and is designed to protect dealers from overreaching by the grantors of those dealerships. […]

THE HONORABLE, THE ASSEMBLY Legislature Attorney General of Wisconsin — Opinion JULY 24, 1975 Veterans; Those provisions of sec. 45.37, Stats., which limit derivative membership in the Wisconsin Veterans Home of otherwise eligible spouses and surviving spouses to spouses of male veterans and which limit the derivative membership of otherwise eligible parents of veterans to […]

WILLIAM C. PERKINS, Administrator Division of Housing Department of Local Affairs and Development Attorney General of Wisconsin — Opinion January 15, 1980 Relocation Assistance; Words And Phrases; The owner of rental property, regardless of its size, is engaged in “business” within the purview of sec. 32.19(2)(d), Stats. The Department of Local Affairs and Development may […]

LOWELL JACKSON, Secretary Department of Transportation Attorney General of Wisconsin — Opinion October 3, 1979. Automobiles And Motor Vehicles; Licenses And Permits; The requirement of sec. 343.05 (2)(d), Stats., that holders of international driving permits speak and read the English language is preempted by international treaties governing driving permits and therefore is invalid under the […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. October 4, 1972. Railroad Corporations — Merger — Section 180.685, Stats., can be utilized to effect merger of two Wisconsin railroad corporations. ROBERT W. WARREN, Attorney General ROBERT C. ZIMMERMAN, Secretary of State You inquire whether an operating Wisconsin railroad corporation can utilize […]

LAWRENCE R. HEATH, Corporation Counsel, Oneida County Attorney General of Wisconsin — Opinion November 22, 1974. County Board; Elections; County Board may not utilize unidentified paper ballot in voting to appoint County Highway Commissioner, but may vote by ayes and nays or show of hands at open session if some member does not require vote […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion October 2, 1981. Counties; Public Records; A county with a population under 500,000 may, by ordinance enacted pursuant to sec. 19.21(6), Stats., provide for the destruction of obsolete case records maintained by the county social services agency pursuant to sec. 48.59(1), Stats. […]

ZEL S. RICE, II, Secretary Department of Transportation Attorney General of Wisconsin — Opinion May 21, 1975 Education; Schools And School Districts; Transportation; A school owned OF operated automobiles used in casual and occasional transportation of school children to extracurricular activities is not a school bus as defined in sec. 340.01 (56), Stats., and sec. […]

LEO MORTENSEN, Commissioner Savings and Loan Review Board Attorney General of Wisconsin — Opinion February 10, 1988 Public Records; Savings And Loan Associations, Salary information submitted to the state commission of savings and loan in connection with an absorption application is not exempt from disclosure under the state public records law. DONALD J. HANAWAY, Attorney […]

MICHAEL LEY, Secretary Department of Revenue Attorney General of Wisconsin — Opinion January 10, 1985 Public Records; Revenue, Department Of; Access to public records by parties to civil litigation, including administrative proceedings, must be accomplished through applicable means of discovery. BRONSON C. La FOLLETTE, Attorney General MICHAEL LEY, Secretary Department of Revenue You have requested […]

C.M. SULLIVAN, Secretary, Department of Employe Trust Funds. Attorney General of Wisconsin — Opinion. February 1, 1971. Marriage Divorce — Retirement Fund Death Benefits — (Informal) — Discussion of validity of marriage performed before divorce decree was final in relation to death benefit under sec. 41.14 (2), Stats. ROBERT W. WARREN, Attorney General C.M. SULLIVAN, […]

DANIEL G. SMITH, Administrator Income, Sales, Inheritance and Excise Taxes Department of Revenue Attorney General of Wisconsin — Opinion August 4, 1978. Amusement Tax; historical Society. State; Taxation; Admission fees collected by Circus World Museum in Baraboo are subject to sales tax under sec. 77.52 (2)(a)2., Stats. BRONSON C. La FOLLETTE, Attorney General DANIEL G. […]

DENNIS E. KENEALY, Corporation Counsel Ozaukee County Attorney General of Wisconsin — Opinion September 13, 1991 Residence, Domicile And Legal Settlement; Sheriffs; In counties that have imposed no local residency requirement, only deputy sheriffs or undersheriffs appointed pursuant to section 59.21 (1), Stats., are required to be county residents at the time of initial employment. […]

FREDERICK J. GRIFFITH, Deputy Secretary, Department of Agriculture Attorney General of Wisconsin — Opinion October 8, 1974. Intoxicating Liquors; Section 100.30 (2) (Lm), Stats., qualifies the term “trade discount” in determining “cost to retailer” under sec. 100.30 (2) (a), Stats., for sales of fermented malt beverages and intoxicating liquors. Section 100.30 (2) (Lm) is not […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion August 2, 1990 Constitutionality; Teachers; Wisconsin Retirement System; Constitutionality of 1989 Assembly Bill 565, providing military service credit for State Teachers Retirement System and Milwaukee Teachers Retirement System teachers who retired in 1981, discussed. DONALD J. HANAWAY, Attorney General FRED A. RISSER, […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion March 11, 1988 Legislation; Public Defenders; Public Officials; Section 16.49, Stats., does not prohibit or restrict an officer or employe from informing citizens of budget deliberations or suggesting that those citizens inform their elected officials of their opinions. DONALD J. HANAWAY, Attorney […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion April 27, 1978. Education; Holidays, Schools And School Districts; State Aid; There is no statutory requirement that schools be closed on the Mondays succeeding the holidays listed in sec. 115.01 (10)(a)1., Stats., when those holidays fall on Sunday. BRONSON C. […]

ED JACKAMONIS, Speaker State Assembly Attorney General of Wisconsin — Opinion November 19, 1982. Banks And Banking; Credit Unions; Savings And Loan Associations; Constitutionality of ch. 45, Laws of 1981, delegating authority to commissioners of various financial institutions, discussed. BRONSON C. La FOLLETTE, Attorney General ED JACKAMONIS, Speaker State Assembly The Assembly Organization Committee has […]

EUGENE R. MCPHEE, Executive Director, Board of Regents of State Universities. Attorney General of Wisconsin — Opinion. January 22, 1971. Advertising, Abortions — Student Newspaper — (Informal) — Legality of advertising an abortion referral service in student (campus) newspaper discussed. ROBERT W. WARREN, Attorney General EUGENE R. MCPHEE, Executive Director, Board of Regents of State […]

NORMAN M. CLAPP, Secretary, Department of Transportation Attorney General of Wisconsin — Opinion December 31, 1974. Public Records; A copy of an official record may be admitted in evidence if it is certified as correct in accordance with sec. 909.02 (4), Wisconsin Rules of Evidence, even though the certification does not comply with the provisions […]

RICHARD ALAN GINKOWSKI, District Attorney Rusk County Attorney General of Wisconsin — Opinion December 23, 1982. Firearms; Youthful Offenders Act; Persons who previously received dispositions under the repealed Youthful Offenders Act are not precluded from possessing firearms under sec. 941.29, Stats. BRONSON C. La FOLLETTE, Attorney General RICHARD ALAN GINKOWSKI, District Attorney Rusk County You […]

ROBERT D. ZAPF, District Attorney Kenosha County Attorney General of Wisconsin — Opinion August 25, 1987 Forfeitures; Sheriffs; Money resulting from a state forfeiture action under sections 161.555 and 973.075 (4), Stats., must be deposited in the state school fund. Money granted to the state after a federal forfeiture proceeding need not be. DONALD J. […]

CAROL SKORNICKA, Secretary Department of Industry, Labor and Human Relations Attorney General of Wisconsin — Opinion May 10, 1991 Employer And Employe; Fire Department; Classification of chapter 213 and chapter 181, Stats., fire departments; Public sector versus private sector departments; The classification of a fire department depends upon the statute under which it was organized. […]

GERALD K. ANDERSON, District Attorney, Waupaca County Attorney General of Wisconsin — Opinion December 30, 1974. Navigable Waters; Riparian Rights; Public rights in navigable streams permit reasonable use of the bottom for purposes of anchoring various types of watercraft while and only so long as a public right is being enjoyed. Anchored watercraft may not […]

DALE CATTANACH, Secretary, Department of Transportation Attorney General of Wisconsin — Opinion November 8, 1977. Automobiles And Motor Vehicles; Confidential Reports; Licenses And Permits; Motor Vehicle Department; Motor Vehicles; Open Meeting; Public Records; Salvage Dealers; Financial statements required by law to be filed with Department of Transportation in connection with applications for motor vehicle dealers’ […]

DANIEL G. SMITH, Administrator Income, Sales, Inheritance and Excise Tax Division Department of Revenue Attorney General of Wisconsin — Opinion April 26, 1978. Intoxicating Liquors; Licenses And Permits, Malt Beverages; The tied-house prohibitions of sec. 66.054 (4) (a), Stats., apply to holders of temporary Class “B” beer licenses for picnics or similar gatherings issued pursuant […]

WAYNE F. MCGOWN, Deputy Secretary, Department of Administration. Attorney General of Wisconsin — Opinion. December 11, 1973. Corporations — Leases — Art. VIII, sec. 7 (2) (d), Wis. Const., does not preclude the state from entering into a lease with a nonprofit corporation or other entity furnishing facilities for governmental functions unless there is an […]

DAVID W. ADAMANY, Secretary, Department of Revenue Attorney General of Wisconsin — Opinion October 2, 1974. Municipalities; Taxation; Local government units cannot include the value of tax-exempt manufacturing machinery and specific processing equipment and tax exempt merchants’ stock-in-trade, manufacturers’ materials and finished products and livestock in their property valuation totals for “non-tax” purposes, such as […]

STEPHEN SCHOENFELD, Chairman Wisconsin Employment Relations Commission Attorney General of Wisconsin — Opinion October 29, 1987 Legislature; Public Officials; Wisconsin Employment Relations Commission; The senate may not appoint a commissioner to fill a vacancy in a term which will not occur during the extant session of the senate. In the present case, the provisional appointment […]

EUGENE R. MCPHEE, Executive Director, Board of Regents of State Universities. Attorney General of Wisconsin — Opinion. May 25, 1971. Student Newspaper — Board of Regents — (Informal) — Problems involved in the operation of a privately owned and operated student newspaper, which is subsidized by the state university, discussed. Page 186 ROBERT W. WARREN, […]

RALPH E. SHARP, JR., Corporation Counsel, Dodge County Attorney General of Wisconsin — Opinion January 12, 1990 County Board; Prisons And Prisoners; Sheriffs; A county board is not statutorily obligated to charge costs incurred as a result of court-ordered placement in a secure juvenile detention facility to the budget of the county social service department […]

LA VERNE AUSMAN, Secretary Department of Agriculture, Trade and Consumer Protection Attorney General of Wisconsin — Opinion August 24, 1983 Business; Marketing And Trade Practices; Words And Phrases; Under section 100.30(2)(n), Stats., a retailer may not deduct a manufacturer’s conditional promotional allowance as a trade discount for purposes of determining “cost to retailer” and lowest […]

A. HENRY HEMPE, Corporation Counsel, Rock County. Attorney General of Wisconsin — Opinion. January 26, 1971. County Supervisor — Supervisory District — (Informal) — County board supervisor does not vacate office by moving from district if he continues to reside in county. ROBERT W. WARREN, Attorney General A. HENRY HEMPE, Corporation Counsel, Rock County You […]

WILLIAM R. BECHTEL, Secretary Department of Local Affairs and Development Attorney General of Wisconsin — Opinion January 10, 1977. Subdivisions; Plats And Platting; Boundaries, Easement; Right Of Way; For the purpose of determining lot area under the provisions of sec. 236.02 (8), Stats.: (1) If a lot abuts a public or private road or street, […]

ROBERT H. RASMUSSEN, District Attorney, Polk County Attorney General of Wisconsin — Opinion April 8, 1977. Counties; County Board; County Court; County Surveyor; Public Lands; Surveys; A resurvey of the public lands under sec. 59.635 (8), Stats., requires reestablishing all corner posts placed by government surveyors in the original survey of the public lands. If […]

JAMES J. BURKE, Revisor of Statutes. Attorney General of Wisconsin — Opinion. December 19, 1973. Statutes — Legislation — The legislature intended that emergency rules, pursuant to sec. 227.027, Stats., would only have effect for 120 days. Therefore, an emergency rule may not be perpetuated by simply refiling it in accordance with subsec. (2) of […]

JOSEPH F. HORAK, Sheriff, Kewaunee County. Attorney General of Wisconsin — Opinion. February 4, 1971. Sheriff — Jurisdiction, Lake Michigan — (Informal) — Sheriff has authority to aid in rescue on ice offshore in Lake Michigan. ROBERT W. WARREN, Attorney General JOSEPH F. HORAK, Sheriff, Kewaunee County Page 63 I am in receipt of a […]

DR. BARBARA THOMPSON, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion September 13, 1977. Cities, Common Council Education; Municipalities; Real Estate; Sales; Schools And School Districts; Subject to approval of the fiscal board or the city council, a city school district has the authority to sell real and personal property no […]

THE HONORABLE, THE SENATE. Attorney General of Wisconsin — Opinion. April 6, 1972. Taxation — National Audubon Society, Inc. — Partial exemption from property taxation, proposed for land conveyed to The National Audubon Society, Inc., under 1971 Senate Bill 439, probably is unconstitutional under the equal protection clause of the Fourteenth Amendment, U.S. Const., and […]

LOUIS J. MOLEPSKE, City Attorney, Stevens Point Attorney General of Wisconsin — Opinion April 18, 1977. Anti-Secrecy; Cities; Open Meeting; Newspapers; Public notice under sec. 19.84 (2), Stats., for meeting of governmental body should be as specific as possible but a governmental body can discuss matters not specifically set forth in the notice and not […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion October 6, 1992 Governor; Legislation; The Governor’s partial veto of section 1117g of 1991 Wisconsin Act 269 did not result in a complete and workable law. The partial veto, therefore, was invalid. Because the Governor’s approval was not necessary for the bill […]

NATALIE SMITH, Executive Director Judicial Commission Attorney General of Wisconsin — Opinion January 16, 1980 Judges; Salaries And Wages; Chapter 38, Laws of 1979, is effective to every judge of a court of record and justice of the supreme court when either a supreme court justice or judge of a court of record commences a […]

KARL W. MARQUARDT, R.PH., J.D., Executive Secretary Pharmacy Examining Board Attorney General of Wisconsin — Opinion February 9, 1979 Birth Control; Under recent United States Supreme Court decisions, subsecs. (2), (3), (4) and (5) of sec. 450.11, Stats., relating to the sale and advertising of contraceptives, are constitutionally infirm. Page 21 BRONSON C. La FOLLETTE, […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion December 5, 1988 Gambling; Words And Phrases; Section 562.057, Stats., which permits simulcasting of races conducted at other racetracks to a racetrack licensed by the Wisconsin Racing Board, does not violate article IV, section 24(5) of the Wisconsin Constitution requiring “on-track” betting. […]

KENNETH J. BUKOWSKI, Corporation Counsel, Brown County Attorney General of Wisconsin — Opinion January 6, 1978. Counties; County Board; Fire Department; Municipalities; Towns; Town having fire department must provide protection for county-owned property such as a landfill site, and in case of failure to do so shall be liable for services of any fire department […]

NORMAN M. CLAPP, Secretary, Department of Transportation. Attorney General of Wisconsin — Opinion. September 11, 1973. Highways — The Highway Commission may properly engage in “hardship acquisitions” under sec. 84.09, Stats., without the filing of an environmental impact statement under either federal or state law but must in such instances comply with the requirements of […]

NORMAN M. CLAPP, Secretary, Department of Transportation. Attorney General of Wisconsin — Opinion. December 31, 1971. Highway Debt Limitation — Bonding Authority — (Formal) — The continuing appropriation provided under sec. 20.866 (2) (ur), 1969 Stats., was limited by its terms to $40,300,000. Section 20.002 (1), Stats., does not provide additional bonding authority to satisfy […]

RAY A. SUNDET, Corporation Counsel La Crosse County Attorney General of Wisconsin — Opinion September 14, 1988 Ambulances; Counties; A county does not possess the statutory authority to designate the level of ambulance services provided by the towns within that county. Absent a cooperative agreement between a county electing to provide ambulance services pursuant to […]

PAUL L. BROWN, Secretary State Building Commission Attorney General of Wisconsin — Opinion February 20, 1985 Bonds; Building Commission, State; Public Purpose Doctrine; Wisconsin Farmers Fund Program; The Farmers Fund Program, as set out in section 92.32, Stats., does not violate article VIII, sections 3 or 10 of the Wisconsin Constitution, nor are its terms […]