Real estate, old-age-assistance lien foreclosures
Under sec. 49.26, Stats., a county department of social services, by its director, may make valid conveyances of real estate acquired by the department as a result of old-age-assistance lien foreclosures or transfers in lieu thereof, or as the result of assignments to the department made by the county court in probate or administration proceedings in the estates of old-age-assistance recipients; or of out-of-state real property voluntarily transferred to the department. 63-488
Reapportionment
Under sec. 59.03(3)(c), Stats., alteration of county supervisory district boundaries between decennial censuses is authorized only where ward boundaries originally relied upon in reapportioning the county have been subsequently altered by incorporation, annexation, detachment or consolidation. 63-544
Recycling
Section 59.07(135)(L), Stats., authorizes counties that are responsible units of government under section 159.09(1)(b) to levy taxes for capital and operating expenses incurred in connection with the operation of the county's recycling program only upon those local units of government which have not become responsible units of government pursuant to section 159.09(1)(c). Section 59.07(135)(L) now authorizes counties to levy taxes for both capital and operating expenses incurred in connection with any other form of solid waste management function only upon local units of government which participate with the county in that form of solid waste management activity. Where both recycling and other kinds of solid waste management functions are performed in a single county facility, the county must use accounting principles to apportion the costs of those activities before levying taxes upon local units of governm
Regional Planning Commission
The boundaries of existing multicounty regional planning commissions may only be altered following their dissolution under the procedure set out in section 66.945(15), Stats. 81-70
Methods of withdrawal from a Regional Planning Commission differentiated; authority and role of Commission as regional clearinghouse explained. (Unpub.). 34-1982
Register of Deeds
A register of deeds may not refuse to record instruments that are recordable under state law but are not in compliance with a county subdivision ordinance requiring the preparation of a certified survey map in connection with certain land divisions, even if requested or directed to do so by county ordinance. 79-40
Residence, domicile and legal settlement
Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., discussed. 65-49
Social Services Board
Members of a social services board in a county with a county executive or a county administrator may be granted access to child abuse and neglect files pursuant to section 48.981(7)(a)2. of the statutes if such access is necessary to allow them to perform their statutory duties. 79-212
Social services department
A county department of social services has no discretion to refuse to disclose reports and records of child abuse or neglect to the subject of the report or the subject's attorney under section 48.981(7)(a)1. and (c), Stats. 77-84
A county department of social services or county department of human services may not contract with other agencies to obtain section 48.981, Stats., reporting or investigatory services in situations other than the performance of independent investigations required by section 48.981(3)(d). A cooperative contract might be possible under section 66.30(2) in order to effectuate this purpose but the services must be furnished by the county department as defined in section 48.02(2g) and not by any other public or private agency. 76-286
A county human services board may not delegate the duties described in section 51.437(9)(am), (b), (e) and (g), Stats., to the long-term support planning committee created by section 46.27(4). 78-158
Social services director
In a county which does not have a county executive or county administrator, the personnel committee of a county board does not possess the statutory authority to remove the county social services director. The county board in such a county may not, under section 59.025, Stats., transfer the authority to appoint, supervise and remove the social services director from the social services board to a committee of the county board because the statutes concerning the exercise of such authority are enactments primarily of statewide concern. 81-145
Solid waste disposal
Section 59.07(135)(L), Stats., authorizes counties that are responsible units of government under section 159.09(1)(b) to levy taxes for capital and operating expenses incurred in connection with the operation of the county's recycling program only upon those local units of government which have not become responsible units of government pursuant to section 159.09(1)(c). Section 59.07(135)(L) now authorizes counties to levy taxes for both capital and operating expenses incurred in connection with any other form of solid waste management function only upon local units of government which participate with the county in that form of solid waste management activity. Where both recycling and other kinds of solid waste management functions are performed in a single county facility, the county must use accounting principles to apportion the costs of those activities before levying taxes upon local units of governm
Under sec. 59.07(135), Stats., a county may contract with another municipality or private company to pay the costs of operating a solid waste disposal site, including one owned by a private collector, as long as the necessary approvals have been secured under ch. 144, Stats. Costs of operation of such sites are to be borne by the users while capital costs are to be borne by the general county property tax. 72-27
State trunk highways
Where county has contract to maintain state trunk highways, county highway commissioner can temporarily close state trunk highway in case of emergency. Sec. 86.06(1), Stats. Sheriff has power to temporarily close any highway in county in case of emergency and to divert traffic. Secs. 59.24(1) and 349.02, Stats. 67-335
Tax delinquency proceedings
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. 130 (1960). However, further legislative action is necessary to insure that assessment and tax delinquency proceedings are consistent with the provisions of 1983 Wisconsin Act 455 and are adequate to satisfy the due process rights of the owner of mineral interests to notice of the taking through delinquent tax proceedings. 74-59
Where a county proceeds under sec. 75.69(1), Stats., to advertise and sell tax delinquent property, it must reject all bids less than the appraised value, but, if it determines to accept any bid, it can accept the bid it deems in good faith to be most advantageous to the county in view of the criteria set forth in the bid notice. Such bid need not be the highest bid in dollars. 70-1
Tax delinquent property, selling of
Section 75.36, Stats., provides that a county need not assume and pay all unpaid or delinquent municipal taxes, assessments and charges due on a parcel of property at the time the county acquires such property by tax deed. The statute also provides that the county is not required to assume and pay any such taxes which remain unrecovered upon the sale of such property because the sum realized was insufficient to pay all such outstanding municipal tax obligations. (Unpub.). 31-1987
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 the effective date of section 3203(47)(c) of 1987 Wisconsin Act 27. 77-133
Taxes for recycling and waste management
Section 59.07(135)(L), Stats., authorizes counties that are responsible units of government under section 159.09(1)(b) to levy taxes for capital and operating expenses incurred in connection with the operation of the county's recycling program only upon those local units of government which have not become responsible units of government pursuant to section 159.09(1)(c). Section 59.07(135)(L) now authorizes counties to levy taxes for both capital and operating expenses incurred in connection with any other form of solid waste management function only upon local units of government which participate with the county in that form of solid waste management activity. Where both recycling and other kinds of solid waste management functions are performed in a single county facility, the county must use accounting principles to apportion the costs of those activities before levying taxes upon local units of governm
Telephone
If all the municipalities in Milwaukee County establish their own system or combine with several other municipalities to establish a system with a central location, Milwaukee County would be required to establish a system which connects with all central locations of the emergency telephone systems established in the County. It is possible that a mandamus proceeding could be instituted against public officials to obtain compliance with the provisions of the statute. 68-165
Town sanitary district
Town sanitary district organized under secs. 60.30-60.309, Stats., has power to levy special assessments for improvements against county-owned park lands located within the district. 64-206
Tract index system
In a county maintaining a tract index system, the Register of Deeds must enter into the index any deed, mortgage or other instrument recorded in his office which affects title to or mentions an indexed tract or any part thereof. 63-254
Traffic ordinance
County under sec. 349.06, Stats., can enact and enforce a traffic ordinance in strict conformity with state statutes which is applicable to town roads. 30 OAG 431 (1941) and 38 OAG 184 (1949) no longer state the law in this respect because of subsequent statutory changes. 64-172
Trial costs
Under sec. 977.08(5)(f), Stats., trial representation costs are incurred whenever services which give rise to a legal obligation to pay compensation are rendered between January 1 and June 30, 1981. 70-74
Union or non-union contractors
A county has no statutory authority to award contracts only to unionized contractors. Federal preemption rules probably foreclose the exercise of such authority in any event. Further, federal preemption rules foreclose denying contracts to employers engaged in labor disputes. 79-86
University Police
The University of Wisconsin has no authority to agree to hold harmless a county that incurs liability because of a university officer's torts, but the common law of indemnification would require such officer to indemnify that county and statutory indemnification would require the state to indemnify the officer when acting in the scope of his/her employment. A county sheriff may deputize university campus police officers and restrict that deputization to particular times, places and crimes. An otherwise valid arrest would not be rendered invalid, however, solely because the officer exceeded the scope of that deputization. 78-1
Venue changes not allowed for cost savings
Section 48.185, Stats., does not authorize a change of venue, upon motion of a party or upon stipulation of the parties, after adjudication but before the first dispositional hearing, in a juvenile delinquency proceeding. 75-100
Veterans' service office
A county veterans' service office does not have the duty under ch. 45, Stats., to transport disabled veterans to a veterans' hospital when such transportation is not readily available unless authorized by his county. The county would be liable to the injured veteran in an automobile accident while being transported by the veterans' service officer if the officer were authorized and performing within the scope of his employment. If he were authorized and an accident occurred, sec. 895.43(3), Stats., limits the recovery to $25,000. 67-207
Visiting Nurse Association
A county may not, in a manner consistent with federal and state statutes and regulations prohibiting supplementation, contractually obligate itself to pay a visiting nurse association funds in addition to those received by such a home health care provider through the Medicaid program. Except in extraordinary circumstances, the attorney general will not issue opinions concerning the applicability of federal statutes and regulations administered exclusively by federal authorities. 77-287
Volunteer drivers, 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 by a county to obtain such a release from liability may violate public policy. 80-23
Waste management system
Towns, villages and cities in counties establishing a county solid waste management system under sec. 59.07(135), Stats., may be taxed for the capital costs of the county-wide system, but not for the operating costs. 67-77
Wisconsin Conservation Congress; expenses of attendees
Counties lack statutory authority to pay the expenses of private citizens or County Board members who attend meetings of the Wisconsin Conservation Congress; 61 Op. Att'y Gen. 327 (1972) discussed and adhered to. (Unpub.). 29-1984
