Category: Wisconsin Attorney General Opinions

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 […]

THE HONORABLE, THE SENATE. Attorney General of Wisconsin — Opinion. December 31, 1971. Securities — Department of Health Social Services — (Formal) — Senate Bill 663 if enacted into law would be constitutional. ROBERT W. WARREN, Attorney General THE HONORABLE, THE SENATE By Senate Resolution 40 you have asked for my opinion as to the […]

PAUL M. CORNETT, District Attorney Shawano and Menominee Counties Attorney General of Wisconsin — Opinion November 3, 1981. 51.42 Board; Menominee Indians; Individual Menominee Tribe members are eligible to participate in voluntary programs mandated by ch. 51, Stats., but the state cannot accept tribe members into involuntary programs on the basis of tribal court orders […]

VICTOR MOYER, Corporation Counsel, Rock County. Attorney General of Wisconsin — Opinion. November 28, 1973. Zoning — Flood Control — County floodplain zoning ordinances may be adopted under the authority of sec. 59.971, Stats. Such ordinances will not require the approval of town boards in order to become effective within the unincorporated areas of the […]

E. MICHAEL MCCANN, District Attorney Milwaukee County Attorney General of Wisconsin — Opinion July 8, 1980. Bail; Constitutionality; Criminal Law; Chapter 112, section 10, Laws of 1979 which allows courts to revoke bail for violating judicially imposed conditions of bail does not violate Wis. Const. art. 1, sec. 8. BRONSON C. La FOLLETTE, Attorney General […]

ROBERT H. DUNN, Secretary Department of Administration Attorney General of Wisconsin — Opinion November 2, 1976. Bids And Bidders; Contracts; Public Works; Architects And Engineers; Professional Engineer; Administration, Department Of; Procedures; State contracts for the purchase of professional architectural and engineering consulting services must comply with the bidding requirements of sec. 16.75 (1) Stats., unless […]

LOWELL JACKSON, Secretary Department of Transportation Attorney General of Wisconsin — Opinion March 20, 1979. Labor; Prisons And Prisoners; State Patrol; Upon appropriate call, state traffic patrol officers may act as peace officers during a prison riot or other disturbance even when this occurs during a strike of prison guards; they may not, however, perform […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion March 9, 1977. Agriculture; Forest Crop Law; Forestry; Forests; Liens; Regents, Board Of; State University System; Taxation; University; Forest land transferred to the University for purpose of forestry and timber studies and related research is exempt from property taxation under sec. […]

FRED A. RISSER AND ED JACKAMONIS, Legislators State Legislature Attorney General of Wisconsin — Opinion June 4, 1981. Public Service Commission; Public Utilities; Utility rate increases granted under an automatic fuel adjustment without a sec. 196.20(2), Stats., hearing probably would not be illegal if the automatic adjustment clause were limited to purchased fuel or power. […]

HOWARD B. EISENBERG, State Public Defender Attorney General of Wisconsin — Opinion August 17, 1977. Appeals; Courts; Criminal Law, Minors; Judgments of commitment under the Youthful offenders Act must be appealed within 90 days. BRONSON C. La FOLLETTE, Attorney General HOWARD B. EISENBERG State Public Defender You have requested my opinion on whether the civil […]

DR. HERBERT J. GROVER, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion August 31, 1988 Libraries; The express power of a library board under section 43.58(1), Stats., to control the expenditure of funds includes the authority to contract for necessary goods and services for the public library. DONALD J. HANAWAY, Attorney […]

DANIEL L. LAROCQUE, District Attorney, Marathon County Attorney General of Wisconsin — Opinion September 5, 1974. Criminal Law; Police agencies and district attorneys are not prohibited by sec. 427.104 (1) (b) from sending letters threatening criminal prosecution to persons who have issued worthless checks. Page 341 ROBERT W. WARREN, Attorney General DANIEL L. LAROCQUE, District […]

CAL W. KORNSTEDT, Corporation Counsel, Dane County Attorney General of Wisconsin — Opinion April 19, 1990 Drunk Driving; Prisons And Prisoners; Sheriffs; A repeat OWI offender serving the mandatory term of imprisonment may be confined in a rehabilitation facility if that facility is a “locked” facility under the control and direct authority of the county […]

FRED A. RISSER, President Wisconsin State Senate Attorney General of Wisconsin — Opinion June 17, 1980. Public Officials; Public Service Commission; Provisional appointees under sec. 17.20 (2), Stats., need not be confirmed by the Senate before they can begin to serve but can serve pending Senate confirmation or rejection or appointment withdrawal by the Governor. […]

ROGER L. HARTMAN, District Attorney, Buffalo County Attorney General of Wisconsin — Opinion December 27, 1977. Clerk Of Circuit Court; Clerk Of Courts; County Board; County Treasurer; Liability; Public Officials; A county board cannot require the clerk of circuit court and county treasurer to search their records and sign certificate for abstracters to judgments, liens, […]

ALEX J. RAINERI, District Attorney, Iron County. Attorney General of Wisconsin — Opinion. November 30, 1973. District Attorney — Juvenile Court — The duties of the district attorney under secs. 48.04 (3) and 59.47 (11), Stats., relate only to appearing and assisting in juvenile court proceedings. Such duties normally do not include the performance of […]

KAREN A. CASE, Secretary Department of Revenue Attorney General of Wisconsin — Opinion March 31, 1988 Intoxicating Liquors; Malt Beverages; Section 125.33 (1)(a), Stats., prohibits a person from having an interest in real estate leased to a Class “B” licensee while also being a director, officer or shareholder of a brewery. DONALD J. HANAWAY, Attorney […]

CARROLL D. BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion July 6, 1987 Copyright; Natural Resources, Department Of; The Department of Natural Resources may seek to obtain copyrights for publications entitled “Walleye Waters,” “Trout Waters,” “Musky Waters” and “Canoe Waters” which were written and compiled by state employes on state time […]

STEPHEN LEPLEY, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion July 9, 1991 Counties; Land; Public Property; Although a county may not acquire land specifically for the purpose of leasing that land to a private entity licensed to operate a racetrack under section 562.05(1)(a), Stats., it may lease land initially acquired for a […]

GEORGE W. CROWNHART, General Counsel State of Wisconsin Investment Board Attorney General of Wisconsin — Opinion October 28, 1986 Conflict of Interest; Corporations; Investment Board, Wisconsin; The State of Wisconsin Investment Board lacks the statutory authority to place one of its board members or an employe on the board of directors of a private corporation. […]

JOE E. NUSBAUM, Secretary, Department of Administration. Attorney General of Wisconsin — Opinion. March 6, 1972. Civil Service Examinations — Residency — Section 16.11 (2), Stats., is invalid so far as it requires applicants for civil service examinations for state employment in the classified service to be citizens of the United States. There is some […]

WILLIAM A. BABLITCH, District Attorney, Portage County. Attorney General of Wisconsin — Opinion. March 11, 1971. Minister’s Credentials — Marriage Solemnization — (Informal) — Resident clergyman must have a church under his ministry in this state for authority to solemnize marriages. ROBERT W. WARREN, Attorney General WILLIAM A. BABLITCH, District Attorney, Portage County You ask […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion October 20, 1989 Collection Of Accounts; District Attorney; Fees; Industry, Labor And Human Relations, Department Of; Liens; District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. […]

ED JACKAMONIS, Speaker, State Assembly Attorney General of Wisconsin — Opinion December 24, 1981. Regents, Board Of; Retirement Systems; Words And Phrases; The Board of Regents lacked and still lacks the authority to establish a retirement plan for former President Weaver in addition or supplementary to the State Teachers Retirement System. Wisconsin Constitution art. IV, […]

PAUL L. BROWN, Department of Administration. Attorney General of Wisconsin — Opinion. May 3, 1972. Contracts — Bidding Procedures — A bid proposal asking for the name of a subcontractor is contrary to sec. 16.855 (13) (a), Stats., and the request is invalid. ROBERT W. WARREN, Attorney General PAUL L. BROWN, Department of Administration You […]

FRED A. RISSER, Chairman Senate Committee on Organization Attorney General of Wisconsin — Opinion April 5, 1979. Marriage And Divorce; Interpretation of certain statutory sections enacted pursuant to ch. 105, Laws of 1977. The provisions of sec. 247.265, Stats., require every order for support or maintenance listed therein to include a wage assignment order. Section […]

LOWELL B. JACKSON, Secretary Department of Transportation Attorney General of Wisconsin — Opinion October 23, 1985 Highways; Highway maintenance authorities may summarily remove unauthorized non-traffic signs placed within the limits of highway rights of way. BRONSON C. La FOLLETTE, Attorney General LOWELL B. JACKSON, Secretary Department of Transportation You have asked whether highway maintenance authorities […]

HOMER C. MITTELSTADT, Corporation Counsel, Eau Claire County. Attorney General of Wisconsin — Opinion. March 2, 1971. Police Enforcement — Joint Exercise of Powers — (Informal) — No legal authority for the creation of a City-County Metropolitan Police Agency exists at present. ROBERT W. WARREN, Attorney General HOMER C. MITTELSTADT, Corporation Counsel, Eau Claire County […]

Mr. Benjamin Southwick Attorney General of Wisconsin — Opinion January 26, 1994 An amendment to a county zoning ordinance which adds a new zoning district to that ordinance does not necessarily constitute a comprehensive revision requiring town board approval of the entire county zoning ordinance under the provisions of section 59.97(5)(d), Stats. JAMES E. DOYLE, […]

KENNETH LINDNER, Secretary Department of Administration Attorney General of Wisconsin — Opinion October 8, 1979. County Board; Discrimination; Cities, counties, and other local governmental entities, not being a part of the executive or legislative branches of state government are neither “contracting agencies” of the state within the meaning of sec. 16.765 (1), Stats., which requires […]

J. DENIS MORAN, Director of State Courts Supreme Court of Wisconsin Attorney General of Wisconsin — Opinion February 6, 1992 Fees; Municipalities; A municipality must pay the five dollar fee imposed under section 814.63(2), Stats., upon disposition of a forfeiture action in circuit court for a municipal ordinance violation. The fee may not be passed […]

STEPHEN M. NEEDHAM, District Attorney Rock County Attorney General of Wisconsin — Opinion September 13, 1983 District Attorney; Juvenile Court; The juvenile court cannot require the district attorney to serve the summons or notice required by chapter 48, Stats. However, the district attorney, as an officer of the court, may voluntarily do so to aid […]

ROBERT HOSKINS, Executive Secretary Bingo Control Board Attorney General of Wisconsin — Opinion October 25, 1978. Charitable Organizations; Corporations, Licenses And Permits; Taxation, The loss of tax exempt status for income tax purposes does not necessarily imply that an organization is no longer nonprofit. The Bingo Control Board does not have statutory authority to revoke […]

JAMES T. RUNYON, Corporation Counsel Lincoln County Attorney General of Wisconsin — Opinion OCTOBER 21, 1987 Clerk of Courts; Courts; Fees; If the court fails to order the annual fee paid under section 814.61 (12)(b), Stats., for receiving and disbursing money deposited as payment for maintenance payments, child support or family support, the clerk of […]

HERBERT J. GROVER, State Superintendent Department of Public Instruction Attorney General of Wisconsin — Opinion August 12, 1986 Copyright; Libraries; Public Records; Computerized compilation of bibliographic records discussed in relation to copyright law; under public records law requester is entitled to copy of computer tape or a printout of information contained on the tape. BRONSON […]

NORMAN M. CLAPP, Secretary Department of Transportation Attorney General of Wisconsin — Opinion March 14, 1974. Contracts; The Department of Transportation may make a reevaluation of a bidder’s prior qualification or reject the lowest bid on the ground of irresponsibility of the successful bidder, but, in both instances, notice and an opportunity for hearing on […]

DENNIS J. FLYNN, Corporation Counsel, Racine County Attorney General of Wisconsin — Opinion June 19, 1974. County Park Commission; Gifts; The practice of a county park commission, in granting free or complimentary season golf passes for the use of the county-owned and operated golf course to elected county officials and certain appointed county officials, is […]

LEE SHERMAN DREYFUS, Governor State of Wisconsin Attorney General of Wisconsin — Opinion December 4, 1980 Open Meeting; State governmental bodies are required to hold meetings in places which are accessible, without assistance, to persons with disabilities. Local governmental bodies are required to hold meetings in places which are accessible with or without assistance to […]

MARK PERRINE, District Attorney Ashland County Attorney General of Wisconsin — Opinion July 1, 1986 Attorneys; District Attorney; Section 196.675(1), Stats., would be violated where a partner of a district attorney compensated on a part-time basis was retained by a public utility, if the partner-district attorney were to financially benefit directly or indirectly. BRONSON C. […]

WILLIAM J. ROGERS, Chairman, Menominee Indian Study Committee Attorney General of Wisconsin — Opinion December 30, 1975. Indians; Jurisdiction; Public Law 280 (67 Stat. 588, 28 U.S.C. sec. 1360 and 18 U.S.C. sec. 1162) is not applicable to the Menominee Tribe but state general jurisdiction will continue until the Federal and Tribal Governments assume jurisdiction […]

GEORGE H. HANDY, M.D., State Health Officer Department of Health and Social Services Attorney General of Wisconsin — Opinion February 19, 1974. Nursing Homes; Nursing homes operated by religious or fraternal orders, whose policies restrict admittance thereto to members thereof, are not exempt from the provisions of sec. 146.30, Stats., and rules adopted pursuant thereto, […]

RICHARD E. GALECKI, Commissioner Office of Commissioner of Banking Attorney General of Wisconsin — Opinion April 2, 1987 Housing; Municipal housing authorities are not public depositors under chapter 34, Stats. DONALD J. HANAWAY, Attorney General RICHARD E. GALECKI, Commissioner Office of Commissioner of Banking In 35 Op. Att’y Gen. 58 (1946), the attorney general opined […]

PAUL M. NEWCOMB, Corporation Counsel, Sauk County. Attorney General of Wisconsin — Opinion. April 6, 1971. Town Regulation — Mobile Homes — (Informal) — Town cannot have more restrictive ordinance regulating use and location of mobile homes outside mobile home parks than county. ROBERT W. WARREN, Attorney General PAUL M. NEWCOMB, Corporation Counsel, Sauk County […]

MICHAEL LEY, Secretary Department of Revenue Attorney General of Wisconsin — Opinion July 1, 1985 Bingo; Indians, Taxation, The state may not constitutionally impose the general sales tax, section 77.52, Stats., on reservation sales of cigarettes and bingo admissions by Indian retailers to nonmembers of the governing tribe. The state may impose the use tax, […]

ANTHONY S. EARL, Governor Attorney General of Wisconsin — Opinion November 7, 1986 Indians; Licenses and Permits; Mineral Rights; Pollution; Taxation; The state net proceeds occupation tax and mining permit process are generally not applicable to mining operations on the Sokaogon Reservation, whether those operations are conducted by the tribe or by a non-Indian lessee. […]

A.L. LINDELL, O.D., Secretary, Optometry Examining Board. Attorney General of Wisconsin — Opinion. September 29, 1971. Optometry — Contact Lenses — (Formal) — The Optometry Examining Board does not have rule-making power under the Wisconsin Statutes to allow unlicensed personnel to engage in the practice of optometry under the direct supervision of a licensed optometrist […]

GEORGE F. POTARACKE, Executive Director State of Wisconsin Board on Aging and Long Term Care Attorney General of Wisconsin — Opinion December 8, 1987 Medicaid; Nursing Homes; Nursing home guarantor agreements may violate section 49.49 (4), Stats., after the resident becomes certified Medicaid eligible. DONALD J. HANAWAY, Attorney General GEORGE F. POTARACKE, Executive Director State […]

DENIS R. VOGEL, District Attorney Manitowoc County Attorney General of Wisconsin — Opinion November 8, 1979. Arrest; Automobiles And Motor Vehicles; Criminal Law; An anonymous telephone tip to the police that a specified vehicle is being driven by an unlicensed person does not create an articulable and reasonable suspicion of illegality justifying an investigatory stop […]

J. DENIS MORAN, Director of State Courts Attorney General of Wisconsin — Opinion May 20, 1986 Medical Examining Board; Physicians and Surgeons; A finding of negligence by a patients compensation panel against a physician who is not a named party in the proceedings should be reported to the Medical Examining Board for investigation. BRONSON C. […]

JAN MEERDINK, Alderwoman, Menasha, Wisconsin Attorney General of Wisconsin — Opinion July 30, 1976. Ballots; Secrecy; Elections; Votes And Voting; Governmental Operations, Board Of; Public Officials; Alderman; Cities; A city Common Council may not vote to fill a vacancy on the Common Council by a secret ballot. Sec. 19.88 (1), Stats. BRONSON C. La FOLLETTE, […]

JAMES J. BURKE, Revisor of Statutes. Attorney General of Wisconsin — Opinion. December 14, 1973. Anti-Secrecy — Open Meetings — In giving notice of public hearings held under see. 13.56 (2), Stats., Legislative Committee for Review of Administrative Rules should concurrently employ the various forms of notice available which best fit the particular circumstances. ROBERT […]

THE HONORABLE, THE ASSEMBLY Attorney General of Wisconsin — Opinion May 20, 1974 Legislature; Since there is no difference between an otherwise valid administrative rule and a law, such a rule cannot be suspended or revoked by joint resolution of the legislature and no statute can grant the legislature the power to do so. The […]

KENNETH E. LINDNER, Secretary Department of Administration Attorney General of Wisconsin — Opinion August 9, 1979. Licenses And Permits; Religion; A group of churches is entitled to a permit under sec. 16.845, Stats., to use the Capitol grounds for a planned civic or social activity even if the content of the program is partly religious […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion September 28, 1990 Court Reporters; Public Records; Counties are not required to provide free copy machine services for court reporters who collect fees under section 814.69 (2), Stats., for furnishing transcripts to parties. DONALD J. HANAWAY, Attorney General KENNETH J. BUKOWSKI, Corporation […]

GLENN L. HENRY, Corporation Counsel, Dane County. Attorney General of Wisconsin — Opinion. April 24, 1972. County Board — Appointments — County board may not delegate appointment of committee members to committee of board. ROBERT W. WARREN, Attorney General GLENN L. HENRY, Corporation Counsel, Dane County Page 215 You have requested my opinion whether a […]

DR. BARBARA THOMPSON, State Superintendent, Department of Public Instruction Attorney General of Wisconsin — Opinion July 22, 1976. Transportation; Education; Funds; Appropriations And Expenditures; Schools And School Districts; Funds made available through the Elementary Secondary Education Act may be used in dual enrollment programs to transport children from parochial schools to public schools and return. […]

JAMES J. BURKE, Revisor of Statutes Attorney General of Wisconsin — Opinion January 21, 1974. Towns; Revisor of Statutes; For purposes of sec. 70.67 (2), Stats., the town board is the governing body of the town. ROBERT W. WARREN, Attorney General JAMES J. BURKE Revisor of Statutes Pursuant to sec. 35.20, Stats., the Revisor of […]

JOSEPH A. SCHACKELMAN, Publisher and General Manager Union Co-operative Publishing Company Attorney General of Wisconsin — Opinion August 3, 1977. Newspapers, Open Meeting; Requirements of notice given to newspapers under sec. 19.84(1) (b) and (3), Stats., discussed. Page 231 BRONSON C. La FOLLETTE, Attorney General JOSEPH A. SCHACKELMAN, Publisher and General Manager Union Co-operative Publishing […]

TOM LOFTUS, Chairperson Assembly Organization Committee Attorney General of Wisconsin — Opinion December 28, 1990 Gambling; Jurisdiction; Wisconsin prohibits gambling on the Wisconsin portion of the Mississippi River. An Iowa licensed river boat equipped with casino-type gambling games may be in violation of chapter 945 if it enters Wisconsin water. DONALD J. HANAWAY, Attorney General […]

F.E. VAN SICKLE, District Attorney, Barron County. Attorney General of Wisconsin — Opinion. October 25, 1972. Deposit Schedule — Board Of County Judges — Judges may not reduce the amounts of the deposit schedule established pursuant to sec. 345.26 (2) (a), Stats. ROBERT W. WARREN, Attorney General F.E. VAN SICKLE, District Attorney, Barron County You […]

KENNETH J. BUKOWSKI, Corporation Counsel Brown County Attorney General of Wisconsin — Opinion June 29, 1987 Compatibility; Commander in the Brown County sheriff’s department, a supervisory position, is not incompatible with the office of president of a village within Brown County. Abstention from participation in discussions or voting or resignation from one of the offices […]

ROBERT RUSCH, District Attorney, Taylor County. Attorney General of Wisconsin — Opinion. December 19, 1973. Compensation — Housing — County may appropriate money to county housing authority under secs. 59.075, 66.40-66.404. Stats., but such authority is separate body politic and county cannot pay per diem or other compensation to commissioners. See 66.40 (5) (b). ROBERT […]

FRED A. RISSER, Chairperson Senate Organization Committee Attorney General of Wisconsin — Opinion December 27, 1989 Veterinarian; Words And Phrases; Section 453.05(2)(a), Stats., does not require a license for a person to engage in the activity of artificial insemination of animals but does require a license for persons engaged in pregnancy examinations if they were […]

EUGENE R. DUMAS, Corporation Counsel Sauk County Attorney General of Wisconsin — Opinion February 16, 1989 Court Commissioner; Marriage, And Divorce; Court commissioners do not have the power to officiate at marriages outside the county for which they were appointed. DONALD J. HANAWAY, Attorney General EUGENE R. DUMAS, Corporation Counsel Sauk County You ask whether […]

ERIC J. LUNDELL, District Attorney, St. Croix County Attorney General of Wisconsin — Opinion March 31, 1977. Cities; Counties; Municipalities; Ordinances; Plats And Platting; Villages; Discussion of the application of municipal and county subdivision control ordinances within the municipality’s extraterritorial plat approval jurisdiction. BRONSON C. La FOLLETTE, Attorney General ERIC J. LUNDELL, District Attorney, St. […]

GLENN L. HENRY, Corporation Counsel Dane County Attorney General of Wisconsin — Opinion June 26, 1985 Automobiles And Motor Vehicles, County Board; Words And Phrases; A county board has power under section 59.07 (18) and (64), Stats., to enact a reasonable licensing ordinance regulating the operation of motor vehicle race tracks outside the limits of […]

MARK S. GEMPELER, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion October 15, 1982. Patient’s Rights Law; Patients; Prisons And Prisoners; An individual in custody of the sheriff for transport to, from and during an involuntary commitment hearing under sec. 51.20, Stats., has rights to the least restrictive restraint appropriate for the individual, […]

JOHN A. LANG, District Attorney Oconto County Attorney General of Wisconsin — Opinion August 9, 1978. Accidents, Aid; Counties; County Board; Liability; Public Officials; Taxation, Transportation, Veterans; A county veterans’ service officer does not have the duty under ch. 45, Stats., to transport disabled veterans to a veterans’ hospital when such transportation is not readily […]

JAMES T. MCMAHON, Assistant Corporation Counsel, Racine County. Attorney General of Wisconsin — Opinion. July 13, 1972. Relief Recipient — Auto Title — Counties may not require relief recipient to surrender his auto title and plates as condition of receipt of assistance. ROBERT W. WARREN, Attorney General JAMES T. MCMAHON, Assistant Corporation Counsel, Racine County […]

ANTHONY S. EARL, Governor Attorney General of Wisconsin — Opinion May 22, 1984 MILWAUKEE, CITY OF; ORDINANCES; Common Council of City of Milwaukee has power by reason of Wisconsin Constitution article XI, section 3, and section 62.03(2), Stats., to enact charter ordinance adopting section 62.09(13)(a), which provides that the chief of police shall have command […]

ROBERT J. MRAZ, Corporation Counsel Oconto County Attorney General of Wisconsin — Opinion November 22, 1982. County Board; Sheriffs; County board in county under 500,000 not having civil services system for deputy sheriffs can abolish traffic department organized under sec. 83.016. Stats., and with the cooperation of the sheriff, such traffic patrolmen can be appointed […]

WILLIAM H. HUGHES, Commissioner of Credit Unions. Attorney General of Wisconsin — Opinion. December 4, 1972. Credit Unions — Retail Instalment [Installment] Contracts — Under ch. 193, Laws of 1971, a credit union is not obliged to secure a sales finance company license to purchase instalment [installment] contracts of its members, nor is an auto […]

ROBERT G. MAWDSLEY, Corporation Counsel Waukesha County Attorney General of Wisconsin — Opinion September 12, 1986 Bids and Bidders; Conflict of Interest; A county board supervisor who is an employe of a law firm which has been hired by a third party to represent it in negotiations with the county board does not violate either […]

DARWIN L. ZWIEG, District Attorney Clark County Attorney General of Wisconsin — Opinion March 26, 1985 Compatibility; Offices of president of common school district board and chairperson of town board within district and offices of school board member and town clerk are probably compatible. Page 51 BRONSON C. La FOLLETTE, Attorney General DARWIN L. ZWIEG, […]

ANTHONY S. EARL, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion April 1, 1980 Fish And Came; Indians; Stockbridge-Munsee Reservation; The Stockbridge-Munsee Indian Tribe has the exclusive right to hunt and fish on tribal lands and has the right to regulate such activities by both Indian and non-Indian persons upon such lands. […]

ROBERT P. SORENSON, State Director Wisconsin Board of Vocational, Technical and Adult Education Attorney General of Wisconsin — Opinion January 30, 1986 Vocational, Technical and Adult Education; The levy limit imposed on Vocational, Technical and Adult Education districts by section 38.16 (1), Stats., does not include amounts charged under section 74.73 (2), for recovery of […]

CARROLL BESADNY, Secretary Department of Natural Resources Attorney General of Wisconsin — Opinion April 16, 1981. Juvenile Court; Natural Resources, Department Of; Citation and forfeiture procedures for juveniles as affected by chs. 300 and 359, Laws of 1979, are discussed. BRONSON C. La FOLLETTE, Attorney General CARROLL BESADNY, Secretary Department of Natural Resources Your predecessor […]

THE HONORABLE, THE SENATE Attorney General of Wisconsin — Opinion May 20, 1974 Legislature; The one man-one vote principle is inapplicable to legislative committees since that principle applies only to the exercise of legislative powers and such powers cannot constitutionally be delegated to these committees. There has been no such unconstitutional delegation as to the […]

KARL J. GOETHEL, District Attorney Pepin County Attorney General of Wisconsin — Opinion February 6, 1974. County Judge; Elections; Legislation; Sections 489m, 490m and 561 (8), ch. 90, Laws of 1973, may provide for and implement a legislative appointment to the office of county judge contrary to the provisions of Art. VII, see. 2 and […]

RENEE J. SAMUELSON, Corporation Counsel Waushara County Attorney General of Wisconsin — Opinion April 15, 1991 County Highway Commissioner; Words And Phrases; A county board may provide that the term of office of the county highway commissioner is indefinite. JAMES E. DOYLE, Attorney General RENEE J. SAMUELSON, Corporation Counsel Waushara County 1989 Wisconsin Act 171 […]

TIMOTHY F. CULLEN, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion May 29, 1987 Foster Homes; Housing; Zoning; A community living arrangement which has a capacity for eight or fewer persons and which meets all other statutory criteria is entitled to locate in any zoning district where single or multi-family […]

PHILIP E. LERMAN, Chairman, Department of Industry, Labor and Human Relations. Attorney General of Wisconsin — Opinion. November 20, 1972. Prevailing Wage — Hospitals — As town, village may not donate funds to private corporation contracting for medical center, sec. 66.293, Stats., is inapplicable. ROBERT W. WARREN, Attorney General PHILIP E. LERMAN, Chairman, Department of […]

CHARLES M. HILL, Secretary, Department of Local Affairs Development. Attorney General of Wisconsin — Opinion. January 20, 1972. Assessors’ Plats — Public Hearing — Section 236.295, Stats., does not apply to assessors’ plats. The amendment or correction of an assessor’s plat under sec. 70.27 (4), Stats., is an exercise of the police power which is […]

JAMES R. LONG, District Attorney, Outagamie County. Attorney General of Wisconsin — Opinion. September 28, 1971. Public Office — Election — (Informal) — Discussion of conflicts arising from election of a school principal to the office of alderman. ROBERT W. WARREN, Attorney General JAMES R. LONG, District Attorney, Outagamie County Assistant District Attorney R. Thomas […]

DONALD E. PERCY, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion June 9, 1981. Indians; Worker’s Compensation; Workman’s Compensation; Indian persons receiving relief under sec. 49.046, Stats., and participating in a Work Experience Program under sec. 49.047, Stats., are not automatically covered by the Workers’ Compensation Law. BRONSON C. La […]

WILBUR J. SCHMIDT, Secretary, Department of Health and Social Services Attorney General of Wisconsin — Opinion November 25, 1974. County Board; Public Health; Since matters affecting health and welfare are of statewide concern, sec. 59.025 (2) (3), Stats., created by ch. 118, Laws of 1973, does not authorize county boards to abolish county departments, boards […]

GEORGE H. HANDY, M.D., State Health Officer. Attorney General of Wisconsin — Opinion. June 3, 1971. County Sanitarian — Environmental Sanitation — (Informal) — County boards may direct that the county sanitarian and others employed in environmental sanitation work be supervised by a county committee other than the health committee. ROBERT W. WARREN, Attorney General […]

GREGORY A. TIMMERMAN, Corporation Counsel St. Croix County Attorney General of Wisconsin — Opinion July 30, 1990 County Board; Ordinances; Towns; Judicial review of a county board’s legislative decision concerning approval or disapproval of town zoning ordinances submitted to the county board under section 60.62 (3), Stats., is limited to cases of abuse of discretion, […]

MICHAEL RAJECK, District Attorney Pierce County Attorney General of Wisconsin — Opinion August 19, 1980. Confidential Reports; Minors; Juvenile officers are not required to provide information in their possession concerning a juvenile to officials of the school attended by the juvenile when requested to do so. The school does not violate the confidential exchange provisions […]

ROBERT C. ZIMMERMAN, Secretary of State. Attorney General of Wisconsin — Opinion. May 3, 1971. Articles of Incorporation, Restated — Nonstock Corporations — (Informal) — The contents of restated articles of incorporation of nonstock corporations must, according to sec. 181.39, Stats., contain all the elements required by sec. 181.31, Stats., of original articles of incorporation; […]

WILBUR J. SCHMIDT, Secretary Department of Health and Social Services Attorney General of Wisconsin — Opinion April 11, 1974 Drugs; Municipalities; Chapter 161, Stats., the Uniform Controlled Substances Act, precludes the enactment of municipal ordinances regulating the sale and possession of such “controlled substances” as marijuana. Page 108 ROBERT W. WARREN, Attorney General WILBUR J. […]

ED JACKAMONIS, Chairman Assembly Committee on Organization Attorney General of Wisconsin — Opinion March 20, 1979 Loans; Veterans; The Federal Equal Opportunity Act does not apply to the Wisconsin veterans loan program under ch. 45, Stats., since the latter is an assistance program authorized by law for an economically disadvantaged class. Page 102 BRONSON C. […]