Architects and Engineers
The Designer Section of the Examining Board of Architects, Professional Engineers, Designers and Land Surveyors does not have rulemaking authority. 74-200
County Board
Can only grant powers of indirect supervision to finance director with respect to accounting or bookkeeping duties of county clerk required by statute or board resolution to be performed by such officer. 65-132
Without power to hire and fire employes of county welfare department, such power belongs to county board of public welfare. 65-163
Establishment of religion clauses
The administrative rule of the Department of Transportation granting an exemption on religious grounds from the photograph-taking requirement of sections 343.17(2) and 343.14(3), Stats., is violative of the first amendment, United States Constitution, and of Wis. Const. art. I, § 18. 75-115
Joint Committee for Review of Administrative Rules
The one-man 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 Joint Committee on Finance, the Board on Government Operations, the Joint Legislative Council or the Committee to Visit State Properties. As to the Joint Committee for Review of Administrative Rules, however, the Legislature has unconstitutionally delegated to it the power to suspend a law. 63-173
The vote of an absent member of the Joint Committee for Review of Administrative Rules cannot be counted. No time need be allowed for a roll call vote before the Committee votes. Notwithstanding sec. 13.56(2), Stats., to the contrary, the Committee cannot constitutionally suspend an otherwise valid administrative rule. 63-168
Rules
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 Legislature could, however, by law empower itself or a committee of its members to function as an administrative review agency, provided that the delegation of power restricted such review to a determination whether the administrative rule was a correct application or interpretation of the relevant enabling legislation and provided that such determination is subject to judicial review. There is no material distinction between an otherwise valid administrative rule and an otherwise valid policy pronouncement by an agency inasmuch as they both have the force of law, but the policy pronouncements of administrators do not have the force of law. Judicial review of a policy pronounce
Search and seizure
Authorized agents of the Department of Agriculture, Trade and Consumer Protection have the authority to stop and search vehicles transporting livestock in Wisconsin so long as they comply with certain constitutional safeguards. 77-172
Service of process
Service of process discussed within the meaning of sec. 262.06(3), Stats. (1973). 63-467
Voting
The one-man 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 Joint Committee on Finance, the Board on Government Operations, the Joint Legislative Council or the Committee to Visit State Properties. As to the Joint Committee for Review of Administrative Rules, however, the Legislature has unconstitutionally delegated to it the power to suspend a law. 63-173
The vote of an absent member of the Joint Committee for Review of Administrative Rules cannot be counted. No time need be allowed for a roll call vote before the committee votes. Notwithstanding sec. 13.56(2), Stats., to the contrary, the Committee cannot constitutionally suspend an otherwise valid administrative rule. 63-168
Witnesses
In administrative hearings, a subpoenaed witness has a duty to attend pursuant to the subpoena and to remain in attendance until excused. 68-251
ADOLESCENT PREGNANCY PREVENTION SERVICES BOARD
Grant monies
Constitutionality of the administration of grant monies by the Adolescent Pregnancy Prevention Services Board pursuant to section 46.93, Stats., discussed. 76-233
ADOPTION
See also CHILDREN
Discrimination
A contract between the Department of Health and Social Services and an association of private adoption agencies does not result in legally prohibited religious discrimination where any religious preferences are limited to the statutory religious matching requirement. (Unpub.). 32-1983
ADVERTISING
Constitutionality
Section 84.30, Stats., is presumed constitutional, and the Attorney General is governed by such legal doctrine in considering this act of the Legislature. 63-285
Engineers
Where use of terms "engineer" or "engineering" in a business title violates ch. 443, Stats., depends on a case-by-case analysis of the circumstances to determine whether these terms tend to convey the impression that a person or business is offering professional engineering services when it is not certified to do so. 70-131
Lobbying
Certain provisions of Substitute Amendment 1 to 1977 Senate Bill 286, revising subch. III of ch. 13, Stats., the state's lobbying law, are incompatible with the rights of Wisconsin citizens to petition the government and to be secure against unreasonable searches and seizures and are therefore probably unconstitutional. The major portion of the bill is constitutional. (Unpub.). 15-1978
Section 13.72, Stats., which prohibits anonymous paid advertising favoring or opposing pending legislation, is unconstitutional. 77-90
Lottery ticket coupons
A plan whereby a soft drink company would include a coupon for a Wisconsin lottery ticket with specified purchases and the customer could redeem the coupon for a lottery ticket at a retail lottery outlet would violate section 100.16. 77-303
On-premise signs
Are subject to the licensing requirement. 66-295
Optometry
The prohibition against advertising the price of lenses, frames and complete glasses contained in sec. 449.10, Stats., violates the first amendment to the U.S. Constitution and therefore is invalid. Further, price advertising of lenses, frames and complete glasses by optometrists is not unprofessional conduct under sec. 449.08, Stats. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748, 96 S. Ct. 1817 (1976). 60 OAG 335 (1971) and 48 OAG 223 (1959) are withdrawn. 66-190
Political
The prohibition against corporate political contributions and disbursements in sec. 11.38, Stats., is broad and probably would bar, in most cases, purchases of advertising by a corporation in a political party publication. But the bar is not absolute and violations must be determined on a case-by-case basis. 65-10
Public contracts
Towns must let "public contracts" pursuant to the competitive bidding procedures of secs. 60.29(1m) and 66.29, Stats. Contracts which are not "public contracts" are not subject to either advertising or competitive bidding procedures. The definition of public contract includes "supplies" and "materials," but does not include "equipment." Police cars need not be purchased by competitive bid under secs. 60.29 and 66.29, since they are "equipment" and not "supplies material." 66-284
Soft drink company promotional plan
A plan whereby a soft drink company would include a coupon for a Wisconsin lottery ticket with specified purchases and the customer could redeem the coupon for a lottery ticket at a retail lottery outlet would violate section 100.16. 77-303
AGING AND LONG-TERM CARE
See BOARD ON AGING AND LONG-TERM CARE
AGRICULTURE
Conservation
An ordinance formulated and proposed by the supervisors of a county soil and water conservation district, created pursuant to sec. 92.05, Stats., is not necessarily invalid simply because its effect is limited to the regulation of agricultural practices and uses on land currently utilized for agricultural purposes. All resident electors of the "area to be affected" by such an ordinance may vote in a referendum election on the ordinance whether or not they reside on the specific kind of property which may be the subject of such regulations. 68-126
Farmers
A proposal for a state guarantee of loans to young farmers would violate Wis. Const. art. VIII, sec. 3, and a proposal to utilize the state's bonding power to provide low interest loans to young farmers is not authorized by Wis. Const. art. VIII, sec. 7(1) and (2)(a). 66-9
Homestead property
Proposals for tax 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 of the state constitution. 67-290
Lime pit
