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
Truancy
A person cannot be charged with intentionally contributing to the delinquency of a minor under sec. 947.15(1)(a), Stats., on the basis of an allegation that the person either harbored a runaway or truant child, aided in the running away, or in some way encouraged the truancy or the running away, because truancy and uncontrollability are not included under the definition of "delinquent" under sec. 48.12(1), Stats. 66-18
Vocational, technical and adult education districts
The limitation of damages by section 893.80(3), Stats., in actions founded upon tort against governmental bodies, officers, agents or employes, unless modified or rendered inapplicable by other statute, applies to vocational, technical and adult education districts, their officers and employes. 77-145
Volunteer drivers
"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
LIBRARIES
Board powers discussed
The express power of a library board under section 43.58(1), Stats., to control the expenditure of funds includes the authority to contract for necessary goods and services for the public library. 77-193
Computerized records
Computerized compilation of bibliographic records discussed in relation to copyright law; under Public Records Law requester is entitled to copy of computer tape or a printout of information contained on the tape. 75-133
Council of Wisconsin Libraries (COWL)
Computerized compilation of bibliographic records discussed in relation to copyright law; under Public Records Law requester is entitled to copy of computer tape or a printout of information contained on the tape. 75-133
County
A county having a population in excess of 85,000 and which does not presently operate and maintain a library but which contains a city of over 30,000 operating a library, can establish a single-county federated library system. Secs. 43.15(4)(a) and 43.19, Stats. 63-142
County Board
County Board, in county having a single-county federated public library system, cannot abolish system board appointed under sec. 43.19(1)(a), Stats., and transfer functions and duties to committee of County Board. 63-317
County library tax levy
A town, city or village which does not maintain a public library, as a municipality or jointly with another municipality under contract, but which makes contributions to a nearby public library, cannot be exempted from the county library tax levy under sec. 43.64(2), Stats. 65-182
Expenditures
The express power of a library board under section 43.58(1), Stats., to control the expenditure of funds includes the authority to contract for necessary goods and services for the public library. 77-193
Federated library systems
A public library system may not charge fees for services which are inconsistent with the provisions of section 43.52(2), Stats. 79-37
Contract provision requiring payment as between federated library systems of a fee for use of each system's facilities by nonresidents does not result in failure "to honor valid borrowers' cards of all public libraries in the system by all public libraries in the system" within the meaning of section 43.24(2)(d)., Stats. 73-60
Fees for online searches
Municipal libraries may not charge a fee for lending video cassettes which are part of a reasonable permanent collection but may charge for lending additional copies. Municipal libraries may not charge a fee for online searching of bibliographic or informational databases. 78-163
Fees for users
A public library system may not charge fees for services which are inconsistent with the provisions of section 43.52(2), Stats. 79-37
The Madison Public Library can charge user fees for any services that fall outside of a library's inherent information-providing functions; services that constitute core "library services" must be provided free of charge to the inhabitants of the municipality; a one-dollar fee can be collected for lending duplicate copies of best seller books. 73-86
Fees for video cassettes
A public library system may not charge fees for services which are inconsistent with the provisions of section 43.52(2), Stats. 79-37
Municipal libraries may not charge a fee for lending video cassettes which are part of a reasonable permanent collection but may charge for lending additional copies. Municipal libraries may not charge a fee for online searching of bibliographic or informational databases. 78-163
Funds for single-county federated library system
County Board cannot authorize single-county federated library system board to maintain special bank account into which are deposited system revenues and from which are paid system expenses. (Unpub.). 81-1977
Home-rule
Municipal libraries are a matter of paramount local concern as opposed to a statewide concern and are subject to otherwise constitutionally legal local legislative enactments under the home-rule provisions of the State Constitution. Acting pursuant to Wis. Const. art. XI, sec. 3, sec. 66.01, Stats., a city or village governing body can change the composition of its municipal library board and can limit powers of such board granted by ch. 43, Stats., where the municipal library is not part of a library system. 70-54
Municipal libraries are a matter of statewide concern. Accordingly, home rule provisions will not justify local departures from the provisions of chapter 43, Stats. 76-203
Online Computer Library Center (OCLC)
Computerized compilation of bibliographic records discussed in relation to copyright law; under Public Records Law requester is entitled to copy of computer tape or a printout of information contained on the tape. 75-133