Public lands
Proposed statutory language to ch. 24, Stats., does not meet constitutional and other standards. Alternate proposal offered. (Unpub.). 14-1981
Radar detectors
Proposed legislation to create sec. 347.483 of the statutes, which would prohibit the use and sale of radar detectors meets due process requirements and is constitutionally sound. Moreover, such a law would not violate the Commerce or Supremacy Clauses of the U.S. Constitution. 68-256
Tax Increment Law
Tax Increment Law appears constitutional on its face and the Department of Revenue should carry out its duties and responsibilities under the Law as directed by the Legislature. 65-194
Textbook loans to school students. 77-66
Unemployment Compensation Fund
Borrowing money from the federal government to replenish Wisconsin's unemployment compensation funds under the arrangements prescribed by federal law, does not contravene either Wis. Const. art. VIII, sec. 3 or 4. 71-95
Uniformity clause
Municipal service fees on tax-exempt property may violate the uniformity and equal protection clauses of the Wisconsin Constitution. 79-64
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 violate article VIII, section 1 of the Wisconsin Constitution because the vehicle registration fee is a privilege tax, not a property tax. 79-135
An ad valorem tax upon automobiles, where the assessment would be based on the manufacturer's suggested retail price and the age of the vehicle, and where the rate would be unrelated to the tax rate upon other taxable property, would violate the uniformity requirement of Wis. Const. art. VIII, sec. 1. (Unpub.). 99-1977
Section 70.325, Stats., violates article VIII, section 1 of the Wisconsin Constitution. 77-128
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. 79-125
Work of internal improvement
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. 69-176
CONTEMPT OF COURT
See also COURTS
Good time" credit
A person confined in the county jail for civil (remedial) contempt of court is not eligible for "good time" credit under section 53.43, Stats. 74-96
Juvenile
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. 70-98
CONTRACTS
Bids and bidders
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 such reevaluation must be given to the contractor. 63-60
The preference for Wisconsin businesses included in sections 16.75 and 16.855, Stats., applies only when a Wisconsin business and an out-of-state business submit identical, low bids. 74-47
CESA service
1971 Assembly Bill 1577 would violate the Establishment Clause of the First Amendment to the U.S. Constitution and sec. 18 of art. I of the Wisconsin Constitution. Guidelines to possibly avoid constitutional objection to CESA service contracts with private schools discussed. 62-75
Erroneous bid
Where a governmental entity determines that an apparent low bidder is entitled to relief from an erroneous bid, under sec. 66.29(5), Stats., the bidder should be allowed to correct his bid. Normally, if the bid is otherwise in order and still remains the low bid after the adjustment necessary to correct the mistake, the bid should be accepted. It is questionable whether any actionable claim for damages would survive a determination that a bidder was entitled to relief from his erroneous bid under the provisions of sec. 66.29(5), Stats. 62-144
Fire protection
A city probably can contract with a county to provide fire protection to a county institution located outside of boundaries of said city. 62-84
Franchises
Wisconsin Fair Dealership Law, ch. 135, Stats., discussed. 66-10
Milwaukee County zoo and museum
The Milwaukee County board may not delegate the exclusive authority to approve contracts for budgeted public works projects to the museum board or to the zoological board. Except in extraordinary circumstances, the attorney general will not issue opinions concerning the meaning or intent of municipal ordinances. 77-120
Private interest in public contracts
A county board supervisor risks violations of sec. 946.13, Stats., where he is appointed counsel for indigent defendants and fees exceed $2,000 per annum. 62-62
Alderman and police officer husband could continue to hold offices as long as alderman does not violate sec. 946.13(1), Stats., with respect to police officer's contract. 63-45
1. Corporation counsel employed on part-time basis cannot accept employment as defense counsel for those whose interests are directly adverse to the state or county. 2. Section 256.22(3), Stats., does not prohibit a district attorney from compensating his partner, out of his own funds, for assistance in prosecuting a state case. 3. County Board cannot change status of office of district attorney from one in which he is permitted to practice law privately to one in which he is not, so as to be effective during the term for which such officer was elected. 67-31
Appointment of counsel for indigent involves a public contract. 62-118
County supervisor who is pharmacist is probably not in violation of sec. 946.13, Stats., when he furnishes prescription services to medicaid patients where state is solely liable for payment. 64-108
Land conservation committee responsibilities and prohibition of private interest in public contracts discussed. 76-184
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 allocated are incompatible; however, counties under present statutes do not have power to form Consortium for purposes of federal acts where Governor has not designated them as participating units of government under sec. 16.54(6), Stats. 63-453
Section 946.13, Stats., prohibiting private interest in public contracts may impose criminal liability upon the University of Wisconsin employes who in their private capacities deal contractually with the State of Wisconsin to provide services and equipment. (Unpub.). 64-1977
Public works
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, Stats., since they are "equipment" and not "supplies [or] material." 66-284
Section 946.13, Stats., which prohibits private interests in public contracts, applies to county board or department purchases aggregating more than $5,000 from a county supervisor-owned business. 76-178
Snow removal
Section 86.105, Stats., does not authorize counties to contract to plow private parking lots. Because of increased availability of private sector alternatives any activity engaged in pursuant to said statute should meet the stringent restrictions set forth in 50 OAG 98 (1961), in an analogous context. 67-304
State contracts
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 waived by the Governor. 65-251
State highways
Contracts providing for the maintenance of state highways by the counties may be executed by the county highway committees without the approval of the county boards. 65-140
Termination of joint tenancy
A certificate of termination of joint tenancy is not an instrument of conveyance which requires a real estate transfer return under sec. 77.22(1), Stats. (Unpub.). 19-1982
Turnkey" construction method
County housing authority, in providing housing for the low income and elderly, can, by reason of sec. 59.075(4), Stats., utilize "Turnkey" construction method without bids. 66-31
