1981 Assembly Bill 176, which would create a congressional campaign fund to provide public funding for qualified candidates from Wisconsin for the United States House of Representatives, is preempted by the Federal Election Campaign Act. 70-185
Section 11.33, Stats., applies to persons elected to state office who are seeking reelection or election to a different office and to the use of public funds for political purposes. 69-259
Reapportionment
The federal district court apportioned both members and senatorial districts in its order of June 17, 1982. The effective date of new district lines for purposes of nominations, regular, recall and special elections, mass mailings and in-district travel is June 17, 1982, as to both holdover Senators and incumbents in districts where elections are scheduled in the Fall of 1982. 71-157
Recall election
If the Elections Board is presented with a valid petition for the recall of a member of Congress pursuant to Wis. Const. art. VIII, sec. 12, and sec. 9.10, Stats., it must initiate the recall election unless otherwise ordered by a court. 68-140
Residences
A candidate for the Legislature need not be a resident of the district which he seeks to represent at the time he files his nomination papers. That portion of 61 OAG 368 (1972) inconsistent herewith is repudiated. 65-159
Salaries and wages
Article IV, sec. 12, Wis. Const., prohibiting a Legislator from being appointed or elected to a civil office created or the emoluments of which were increased during the Legislator's term, discussed. Constitutionality of sec. 13.04(1), Stats., lifting the constitutional prohibition by allowing the former Legislator to assume the other office at the pre-increase salary, discussed. 63-127
Schools and school districts
A school board which informs the electorate of the school district of the facts which are pertinent to an issue which will be the subject of a school district referendum need not register or file campaign financing reports under ch. 11, Stats. 68-167
Secret ballot
Common Council may not vote to fill vacancy of alderman by secret ballot. Sec. 19.88(1), Stats. 65-131
Utilization of a secret ballot by County Board to appoint zoning administrator constitutes violation of sec. 66.77(6), Stats., and is voidable. 64-73
Senator
A state Senator need not resign his or her present seat before filing and running for a newly numbered senate seat, merely because he or she is presently an incumbent Senator. 71-162
Town sanitary district
Where town sanitary district consists of territory wholly within one town and town board has not designated its members as commissioners but has appointed commissioners, town board is not required to call special election to elect commissioners if petition signed by at least twenty percent of the qualified electors of the district is filed. 69-245
University
Campuses of the University of Wisconsin System have no present authority to regulate political canvassing in University-owned dormitories which does not involve the solicitation of monetary contributions. 65-251
EMERGENCY DETENTION
Law enforcement
It remains the obligation of the law enforcement officer who has placed an individual under emergency detention under section 51.15, Stats., to transport that individual to one of the four categories of facilities listed in section 51.15(2) until custody of the individual is transferred to such a facility. 81-110
EMERGENCY MEDICAL SERVICES ACT
Policies and procedures
The coordinating physician, as defined in Wis. Admin. Code ch. H 21, is the person authorized to establish policies and procedures in providing emergency medical services under the Emergency Medical Services Act. 76-159
EMERGENCY MEDICAL TECHNICIAN
Corpses
Wisconsin statutes do not prohibit the transportation of dead human bodies from an accident scene to a hospital by ambulance or rescue personnel. 79-120
Liability
Incidental benefits received by volunteer members of National Ski Patrol in exchange for rendering emergency care to disabled skiers may result in loss of civil liability immunity under Good Samaritan Law. 79-194
Interpretation of new law rendering "good Samaritans" immune from civil liability for good faith acts or omissions in giving emergency care at the scene of an emergency or accident. Statute excludes from protection health care practitioners who make their living or who specifically are paid for providing emergency care at the scene of an emergency or accident. 67-218
Nurse
A registered nurse functioning as an emergency medical technician may perform any service he or she is authorized to perform as a nurse. (Unpub.). 38-1981
Services performed
The Department of Health and Social Services by rule may authorize the ambulance attendants to perform emergency care services which the statutes specify also are performable by paramedics, but only to the extent the Department finds that the attendants can perform those services safely by reason of their training. Attendants can perform those services under proper supervision of a physician unless the Department provides otherwise by rule, but the physician's decision to delegate a service to an attendant is reviewable by the Medical Examining Board and the attendant's decision to accept the delegation is reviewable by the Department. 68-299
EMERGENCY MEDICAL TREATMENT
Costs
It would be inadvisable to treat individuals transported across state lines for emergency medical care differently than other individuals when determining whether emergency detention proceedings should be initiated pursuant to section 51.15, Stats. While section 51.15(7) does not authorize contractual agreements with counties outside of Wisconsin, sections 51.75(11), 51.87(3) and 66.30(5) each contain a legal mechanism through which financial or other responsibility for the care and treatment of individuals from such counties may be shared under certain specified circumstances. 78-59
EMERGENCY NUMBER SYSTEMS BOARD
Open meeting
A telephone conference call involving members of a governmental body is a meeting which must be reasonably accessible to the public and the required public notice must be given. 69-143
EMERGENCY VEHICLES
See AMBULANCES
EMINENT DOMAIN
See also WISCONSIN RELOCATION ASSISTANCE ACT
Madison Redevelopment Authority
The Madison Redevelopment Authority proceeding under sec. 66.431, Stats., to eliminate blight or slums, may include in its plan the ultimate sale of acquired property to the Vocational, Technical and Adult Education District for a campus. (Unpub.). 95-1976
Procedures
Limited to a specific fact situation the Department of Natural Resources need not comply with the eminent domain procedure of ch. 32, Stats., when acquiring property if there is a bona fide intention not to condemn the property sought, but it must comply with Wisconsin Relocation Assistance Law if it has the statutory power to condemn the property acquired. 68-3
EMPLOYE TRUST FUNDS BOARD
Accumulated Sick Leave Conversion Credit
Statutory changes to the state accumulated sick leave conversion credit program contained in 1991 Wisconsin Act 39 (1991 budget bill) which determine the conversion credit based on a salary rate determined after terminating employment violate article IV, section 26 of the Wisconsin Constitution.
The Employe Trust Funds board has the standing to allege that the statutory changes are unconstitutional notwithstanding the general rule that state agencies or public officers cannot question the constitutionality of a statute. 80-187
Authority to set rates to retirement fund
The Employe Trust Funds Board must under section 40.05(2n), Stats., divide post-1990 contribution rate adjustments between employer and employe contributions. An increase in employe contributions based upon such division is not a constitution contract clause violation. The Board lacks the authority to redetermine the unfunded accrued actuarial liability for calendar year 1991 rate setting purposes as an alternative to a contribution increase. 80-101
