The proposed sponsorship of the Miller High Life National Doubles Bowling Tournament does not violate sec. 66.054(4), Stats., or section Tax 7.23 Wis. Adm. Code. 68-395
Tied-house prohibitions
Section 125.33(1)(a), Stats., prohibits a person from having an interest in real estate leased to a Class "B" licensee while also being a director, officer or shareholder of a brewery. 77-76
The tied-house prohibitions of sec. 66.054(4)(a), Stats., apply to holders of temporary Class "B" beer licenses for picnics or similar gatherings issued pursuant to sec. 66.054(8)(b), Stats., unless the holder of the temporary license involved falls within the exemption contained in sec. 66.054(4)(a)8., Stats. 67-127
Under sec. 66.054(4)(a), Stats., a Class "B" retail license may not be issued to a licensed wholesaler of fermented malt beverages. 61-68
MARITAL ARREST
See ARREST
MARITAL PROPERTY LAW
School board member and employment of spouse
The enactment of the marital property law does not change the applicability of section 946.13, Stats., to the member of a governmental body when that body employs the member's spouse. As was the case before the marital property law, the member of the governmental body avoids violation of section 946.13 if in his private capacity he does not negotiate, bid on or enter into the employment contract and in his public capacity he does not participate in the making of the contract and does not exercise discretion in the performance of the contract. 76-15
MARKETING AND TRADE PRACTICES
See also ADVERTISING
Antitrust laws
The treatment of cash discounts in section 100.30(2), Stats., the minimum markup law, and proposed Wisconsin Administrative Code chapter Ag 119 does not violate federal antitrust laws, constitutional due process or exceed statutory authority. 77-163
Cash discounts
The treatment of cash discounts in section 100.30(2), Stats., the minimum markup law, and proposed Wisconsin Administrative Code chapter Ag 119 does not violate federal antitrust laws, constitutional due process or exceed statutory authority. 77-163
Cigarettes
The treatment of cash discounts in section 100.30(2), Stats., the minimum markup law, and proposed Wisconsin Administrative Code chapter Ag 119 does not violate federal antitrust laws, constitutional due process or exceed statutory authority. 77-163
Insurance
Wisconsin law authorizes but does not require the commissioner of insurance to demand periodic reports from an insurer relating to rustproofing warranties it insures. The commissioner has authority to require an insurer to increase the amount of insurance backing a rustproofer's warranties in Wisconsin. Section 100.205, Stats., was not intended to negate the application of general insurance law to rustproofing warranties. 78-113
Lottery ticket coupons
A plan whereby a soft drink company would include a coupon for a Wisconsin lottery ticket with specified purchases and the customer could redeem the coupon for a lottery ticket at a retail lottery outlet would violate section 100.16. 77-303
Merchandise premiums
A plan in which a record of a customer's purchases is maintained by a merchant without delivery to the customer and in which the customer can obtain merchandise premiums in return for a specified dollar volume of purchases does not violate sec. 100.15, Stats. 67-110
14 OAG 336 repudiated
Trade discounts
Under sec. 100.30(2)(n), Stats., a retailer may not deduct a manufacturer's conditional promotional allowance as a trade discount for purposes of determining "cost to retailer" and lowest legal retail selling price, even though the amount of the allowance exceeds the retailer's cost of performance in meeting the terms and conditions of the allowance. 72-126
Warranties
Wisconsin law authorizes but does not require the commissioner of insurance to demand periodic reports from an insurer relating to rustproofing warranties it insures. The commissioner has authority to require an insurer to increase the amount of insurance backing a rustproofer's warranties in Wisconsin. Section 100.205, Stats., was not intended to negate the application of general insurance law to rustproofing warranties. 78-113
MARRIAGE AND DIVORCE
Acquired Immune Deficiency Syndrome testing
A county board has no statutory authority to charge a higher marriage license fee to certain nonresidents who would be required to submit to AIDS testing in their home state or, in the alternative, require AIDS testing as a condition of obtaining a Wisconsin marriage license. 77-154
Child support and maintenance records
Sections 59.07(97), 59.39(9m), 59.395(7) and 767.29(1), Stats., require a clerk of circuit court to keep a record of payments and arrearages in payments ordered by a court for child support and maintenance. Such clerk is required to compute and enter amounts of arrearage on the basis of court orders and judgments on file with such clerk and payments received and receipted by such clerk. (Unpub.). 20-1982
The Family Court Commissioner represents the public interest and does not act as an advocate for the party benefited when he brings a remedial contempt proceeding to enforce an existing order or judgment under section 767.29(1), Stats. 6-1987
Conflict of interest
Family Court Commissioner's law partner is prohibited from serving as counsel in any divorce action in county which Commissioner holds office but may serve as counsel in divorce actions in other counties. This prohibition may not be waived by the parties to the divorce action. 67-64
Court commissioner
Court commissioners do not have the power to officiate at marriages outside the county for which they were appointed. 78-16
Under sec. 245.16, Stats., a court commissioner is not authorized to be the officiating person in performing a marriage ceremony. 65-8
Divorce Reform Act of 1977
Interpretation of certain statutory sections enacted pursuant to ch. 105, Laws of 1977. The provisions of sec. 247.265, Stats., require every order for support or maintenance listed therein to include a wage assignment order. Section 247.02(1)(i), Stats., allows all actions to modify a judgment in an action affecting marriage to be commenced in any court having jurisdiction under sec. 247.01, Stats. 68-106
Domestic abuse petition
If a domestic abuse petition is filed under section 813.12(2), Stats., in conjunction with an action affecting the family commenced under chapter 767, no separate filing fee is applicable because a filing fee already would have been collected by the clerk under section 814.61(1) when one of the family actions enumerated under section 767.02(1) was commenced. In the absence of a pending family action, a domestic abuse action under section 813.12 is commenced with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service, and the clerk of court is authorized to collect a fee under section 814.61(1) when a domestic abuse action is commenced in this manner. Under section 813.127, however, there is only one fee applicable where a petitioner combines in one action two or more petitions for domestic abuse, child abuse or harassment if the respondent is
Family Court Commissioner
The Family Court Commissioner represents the public interest and does not act as an advocate for the party benefited when he brings a remedial contempt proceeding to enforce an existing order or judgment under section 767.29(1), Stats. 76-21
Fees for marriage license
A county board has no statutory authority to charge a higher marriage license fee to certain nonresidents who would be required to submit to AIDS testing in their home state or, in the alternative, require AIDS testing as a condition of obtaining a Wisconsin marriage license. 77-154
Name changes
Real Estate Examining Board cannot prescribe the name to be used on an application for real estate broker's license. Under sec. 296.36, Stats., the Board should routinely accept name changes of licensed brokers, unless detriment to the public, another professional or the profession is shown. Sex and marital status of the new or renewal license applicant do not justify special procedures or requirements as to names. Use of two names discussed. 66-21
Residency requirements
Wisconsin residents who have not resided in their current county of residence for 30 days prior to application for a marriage license under section 765.05, Stats., must, like nonresidents, apply for a marriage license in the county in which the marriage ceremony will be performed. Persons in military service who are stationed in Wisconsin may obtain marriage licenses in the Wisconsin county in which they reside and Wisconsin residents in the military who are stationed out of state and can show that they intend to remain Wisconsin residents can apply for marriage licenses in their county of residence in Wisconsin. 80-236
Wage assignment provisions
Interpretation of certain statutory sections enacted pursuant to ch. 105, Laws of 1977. The provisions of sec. 247.265, Stats., require every order for support or maintenance listed therein to include a wage assignment order. Section 247.02(1)(i), Stats., allows all actions to modify a judgment in an action affecting marriage to be commenced in any court having jurisdiction under sec. 247.01, Stats. 68-106
MEDICAID
County supplementary payments prohibited
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
Nursing homes and contracts for prospective residents
Discussion of federal and state law regarding the practice of requiring a prospective nursing home resident to forego medical assistance benefits for a stated period of time as a condition of admission. 75-14
