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
Online searches, fees
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
Tax exemption
A municipality, otherwise qualified, is entitled to an exemption under sec. 43.64(2), Stats., where the county has not acted to levy a tax specifically designated as a county library tax but does finance money "expended for public library services to its inhabitants" by a general tax levy. 72-190
To qualify for tax exemption from county library tax under sec. 43.64(2), Stats., municipality or school district must have expended for its own "library fund" during the year in which the county tax levy is made a sum at least equal to the sum it would have to pay for the county tax levy made during that year to fund the county budget for the ensuing year. 72-49
Video cassettes, fees
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
LICENSES AND PERMITS
Acquired Immune Deficiency Syndrome
Licensing boards do not have the authority to enact general regulations which would allow them to suspend, deny or revoke the license of a person who has a communicable disease. However, licensing boards do have the authority on a case-by-case basis to suspend, deny or revoke the license of a person who poses a direct threat to the health and safety of other persons or who, by reason of the communicable disease, is unable to perform the duties of the licensed activity. 77-223
Alderman holding a Class "B" license
An alderman holding a Class "B" Fermented Malt Beverage and Intoxicating Liquor License is ineligible to vote on the granting, renewal or revocation of such a license. 63-545
Auction business
Where a licensed Class "B" retailer of fermented malt beverages also conducts a restaurant business on the premises, sec. 66.054(8)(a), Stats., does not operate to permit the licensee to conduct any other business on the premises. 66-176
Automobiles and motor vehicles
Motor carrier permit fees required by sec. 194.04(4)(a), (b) and (c), Stats., are not in conflict with Interstate Commerce Commission regulations and may be collected. The permit fee required by sec. 194.04(4)(d), Stats., is in conflict with such regulations and may not be collected. 63-206
Bartenders' licenses
Municipalities may not require by ordinance that all grocery and liquor store employes and bartenders must obtain bartenders' or operators' licenses, such ordinances being in conflict with the provisions of chapter 125, Stats. 76-86
Section 66.054(11), Stats., which permits the issuance of bartenders' licenses to persons of "good moral character" does not automatically preclude issuance to a former offender, especially in light of sec. 111.32(5)(h), Stats., which prohibits discrimination in employment or occupational licensing based upon a criminal conviction (with certain exceptions). 68-202
Bed and breakfast; alcohol beverages
An owner of a bed and breakfast establishment who does not hold an alcohol beverages license may personally consume alcohol beverages or serve alcohol beverages at social events held on the premises without violating section 125.09(1), Stats., provided that consumption of alcohol beverages occurs in a portion of the bed and breakfast establishment that is not open to the public or to renters.
