Constitutional amendment
The Legislature has the duty to resubmit a proposed constitutional amendment to the people when the previous election at which the amendment was submitted has been voided by court order, notwithstanding the fact that an appeal has been taken from the order voiding the election. 65-42
Criminal law
A vacancy in the Office of a State Senator is created under the provisions of art. XIII, sec. 3 and art. XIII, sec. 10, Wis. Const., as implemented by sec. 17.03(5), Stats., upon his conviction of and sentence for any felony punishable by imprisonment in state prison, and no further specific action is required by the State Senate to implement those provisions. 65-264
Group Insurance Board
The Legislature would not commit an unfair labor practice if it unilaterally increased state employe pension benefits and costs. Such increases would not apply to employes in collective bargaining units, however, unless the Legislature so provided expressly or by necessary implication. The Group Insurance Board, however, being a part of the executive branch of government, would commit an unfair labor practice if it unilaterally increased benefits and costs to state employes in collective bargaining units. The removal of state employes from the state retirement system, the cessation of all contributions thereto, and the removal of a bargaining unit from the provisions of ch. 40 are subjects of collective bargaining under the State Employment Labor Relations Act. 64-18
Lobbying law
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 secure against unreasonable searches and seizures and are therefore probably unconstitutional. The major portion of the bill is constitutional. (Unpub.). 15-1978
Milwaukee Metropolitan Sewerage Commission
Section 13.625, Stats., does not prohibit the Milwaukee Metropolitan Sewerage District from paying normal expenses and salaries to commissioners who are legislators and does not prohibit those legislators from accepting those payments. 78-149
Open meeting
In giving notice of public hearings held under sec. 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. 62-299
Pension benefits and costs
The Legislature would not commit an unfair labor practice if it unilaterally increased state employe pension benefits and costs. Such increases would not apply to employes in collective bargaining units, however, unless the Legislature so provided expressly or by necessary implication. The Group Insurance Board, however, being a part of the executive branch of government, would commit an unfair labor practice if it unilaterally increased benefits and costs to state employes in collective bargaining units. The removal of state employes from the state retirement system, the cessation of all contributions thereto, and the removal of a bargaining unit from the provisions of ch. 40 are subjects of collective bargaining under the State Employment Labor Relations Act. 64-18
Public Records Law
Records kept by the Assembly Chief Clerk of telephone credit card numbers and of long-distance telephone calls of representatives are subject to the Public Records Law. Custodian may make a determination whether to disclose or divulge records in specific instances. 66-202
Reapportionment
The Assembly districts altered as to boundaries and renumbered by 1983 Wisconsin Act 29, became effective July 20, 1983. An Assemblyperson is a constitutional state public officer who must be a resident and elector of the district he or she is chosen to represent. An incumbent Assemblyperson continues to represent the district from which he or she was chosen, as altered as to boundaries and as renumbered. Limitations on in-district travel and mass mailings to constituents discussed. 72-172
Salaries and wages
Current statutes require that members of both houses of the Legislature receive the same basic salary. Amendment to sec. 20.923(1) and (2), Stats., is required to change this requirement. 66-280
Section 13.625, Stats., does not prohibit the Milwaukee Metropolitan Sewerage District from paying normal expenses and salaries to commissioners who are legislators and does not prohibit those legislators from accepting those payments. 78-149
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
Telephone calls
Records kept by the Assembly Chief Clerk of telephone credit card numbers and of long-distance telephone calls of representatives are subject to the Public Records Law. Custodian may make a determination whether to disclose or divulge records in specific instances. 66-202
Vocational, technical and adult education
Neither art. X, sec. 3, Wis. Const., nor any other constitutional provision prohibits the charging of tuition for any course of instruction offered at a school in the system of vocational, technical and adult education operated pursuant to ch. 38, Stats. The charging of tuition at such schools, and the manner and extent whereby such charges are to be made, is a matter of policy which the Legislature is free to determine in the exercise of its legislative power under art. IV, sec. 1, Wis. Const. 64-24
Votes
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
LIABILITY
Ambulance attendants
The Department of Health and Social Services has authority to establish standards for ambulance attendants under sec. 146.50, Stats. Discussion of malpractice liability of state officers and employes. 67-145
Cities
Pursuant to sec. 895.35, Stats., a city council can, in limited circumstances, reimburse a council member for reasonable attorneys' fees incurred in defending an alleged violation of the Open Meeting Law, but cannot reimburse such member for any forfeiture imposed. Section 895.46(1), Stats., is not applicable to forfeiture actions. Such member could not be reimbursed, indirectly, under liability insurance policy procured by a municipality, for any forfeiture imposed. 66-226
Claims against the county
County Highway Committee does not have power to examine, settle and pay liability claims against the county without final action by the County Board. 67-47
County veterans' service officer
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 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
Emergency care
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
Good Samaritans"
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
Governmental bodies, officers, agents or employes
Where a licensing agency waives the insurance requirement under section 48.627(1)(a) and (b), Stats., it does not assume any liability beyond the limited recovery in tort claims under sections 893.80(3) and 893.82(6). 76-1
Industry, Labor and Human Relations, Department of
The Department of Industry, Labor and Human Relations lost discretionary authority to make expenditures from the unemployment compensation "interest and penalties" fund when the Legislature reenacted sec. 20.445(1)(v), Stats., in 1977, but the Department remains responsible for collection of credit extended under the old law. A decision by the Department to discontinue collection efforts is subject to review by the Department of Administration, since it has been entrusted with authority under ch. 16, Stats., to superintend collection of amounts owed the State. (Unpub.). 49-1978
Local Emergency Planning Committee
State Emergency Response Board (SERB) committee members and Local Emergency Planning Committee (LEPC) subcommittee members appointed by a county board are entitled to indemnity for damage liability under section 895.46(1)(a), Stats., and legal representation by the attorney general under section 165.25(6). 81-17
North Central Wisconsin Regional Planning Commission
Employes of regional planning commissions organized under section 66.945, Stats., are not state agents, officers or employes within the meaning of section 895.46(1)(a), but they are protected by that subsection's requirement that such planning commissions themselves indemnify them for liability incurred in the course of their duties. 77-142
Physicians giving immunizations
Volunteer physicians who give immunizations for local public agencies under rules of the Department of Health and Social Services are not state agents for purposes of liability indemnification. 80-1
Regional planning commission
Employes of regional planning commissions organized under section 66.945, Stats., are not state agents, officers or employes within the meaning of section 895.46(1)(a), but they are protected by that subsection's requirement that such planning commissions themselves indemnify them for liability incurred in the course of their duties. 77-142
Services provided under secs. 51.42 and 51.437, Stats.
Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. 65-49
State Emergency Response Board
State Emergency Response Board (SERB) committee members and Local Emergency Planning Committee (LEPC) subcommittee members appointed by a county board are entitled to indemnity for damage liability under section 895.46(1)(a), Stats., and legal representation by the attorney general under section 165.25(6). 81-17
