Staff positions in the Milwaukee District Attorney's office, which are mandated by statute as unclassified positions must be created in the unclassified service, unless the county's Civil Service Commission determines that transferring these positions to the classified service is necessary to secure the best service for the county. (Unpub.). 17-1989
Fair housing ordinance
Counties may adopt and enforce fair housing ordinances under section 66.432, Stats., in municipalities within such counties which already have enacted their own fair housing ordinance. No double jeopardy problem arises if a county and a municipality in the county simultaneously seek to enforce their fair housing ordinances in connection with a single act of discrimination, provided that a violation of one or both of the ordinances is punishable only by a forfeiture. Section 66.432 authorizes cities, villages, towns and counties to prohibit bases of discrimination in addition to those specified in sections 66.432 and 101.22. 74-234
Public assistance applicants, fingerprinting
A county may not require or request that a public assistance applicant or recipient provide a fingerprint for the purposes of identification as a precondition to receiving aid. 74-185
MILWAUKEE SCHOOL BOARD
Retirement plan
Authority of a state or governmental subdivision to provide a retirement plan in lieu of or supplemental to existing statutory plans discussed. The Milwaukee School Board is authorized by sec. 111.70, Stats., to contract for a retirement system supplementary to the existing statutory system. 67-153
MINERAL RIGHTS
County owned
Counties may not transfer county owned mineral rights, acquired through nonpayment of taxes, to private persons without following the appraisal and public sale provisions of sec. 75.69, Stats. Under sec. 59.07(1)(c), Stats., counties may make gifts of land or interests in lands only to enumerated public entities. 67-236
Federal mineral lottery
A person who for a fee files applications for others in federal mineral lottery with respect to securing oil or mining lease rights on federal lands, and who for further fee offers to negotiate with lease brokers for sale of such rights, is required to be licensed as a real estate broker if such leases constitute an interest in real estate in state where located. (Unpub.). 107-1977
Fees for mining permit
All staff work necessary to determine whether an applicant meets the requirements of the Metallic Mining Reclamation Act must be included in the cost of evaluating the permit, including any evaluation of compliance with other environmental requirements. The withdrawal of a mining permit application by the applicant prior to a final decision on the application does not relieve the applicant from the obligation to pay the cost of evaluation. 76-150
Indian reservation
The state and tribal governments share jurisdiction to regulate prospecting and mining activity within reservation boundaries to the extent necessary to protect groundwater from contamination. 72-54
The state net proceeds occupation tax and mining permit process are generally not applicable to mining operations on the Sokaogon Reservation, whether those operations are conducted by the Tribe or by a non-Indian lessee. Any federal environmental impact statement required by the federal government would legally need to be shared with or presented to the State. The applicability of state pollution control laws to mining activity on the reservation is also discussed. 75-220
Lapsed mineral rights
Under section 706.057, Stats., owner of the surface of land under which mineral rights have lapsed must record a claim to the lapsed mineral rights in order to foreclose separate mineral rights owner from curing the lapse. 79-61
Mining Investment and Local Impact Fund Board
The Mining Investment and Local Impact Fund Board is authorized to make grants to municipalities under sec. 70.395(2), Stats., to drill wells and fence cave-ins on private lands, to remedy public health and safety problems occasioned by mine closings. Such grants would not violate the Public Purpose Doctrine and the Internal Improvements Clause of the Wisconsin Constitution. 70-48
Navigable lakes and waters
Department of Natural Resources may grant contracts for mining beneath beds of navigable lakes and waters and licenses for prospecting on state park and forest lands, but it may not grant leases for mining purposes on state park and forest lands. (Unpub.). 58-1976
Nonresident ownership
Exploration and mining rights constitute interests in land, and ownership of such interests are subject to the provisions of sec. 710.02, Stats., limiting nonresident ownership of land in Wisconsin. 69-126
Prospecting on state park and forest lands
Department of Natural Resources may grant contracts for mining beneath beds of navigable lakes and waters and licenses for prospecting on state park and forest lands, but it may not grant leases for mining purposes on state park and forest lands. (Unpub.). 58-1976
Railroads
Section 192.71, Stats., does not give the State a beneficial ownership interest in mineral estates reserved by railroad corporations from lands received from the public domain to aid in the construction of railroads under federal land grants of 1856 and 1864. 69-204
Real estate brokers
A person who for a fee files applications for others in federal mineral lottery with respect to securing oil or mining lease rights on federal lands, and who for further fee offers to negotiate with lease brokers for sale of such rights, is required to be licensed as a real estate broker if such leases constitute an interest in real estate in state where located. (Unpub.). 107-1977
State interests
State reservation of land and interests in lands under ch. 452, Laws of 1911 and sec. 24.11(3), Stats., discussed. 65-207
Surface owner of land
Under section 706.057, Stats., owner of the surface of land under which mineral rights have lapsed must record a claim to the lapsed mineral rights in order to foreclose separate mineral rights owner from curing the lapse. 79-61
Tax delinquency proceedings
In tax delinquency proceedings, a county acquires fee simple title to land, including mineral interests therein, whether severed or not. 25 Op. Att'y Gen. 630 (1936); 49 Op. Att'y Gen. 77 (1960); 49 Op. Att'y Gen. 130 (1960). However, further legislative action is necessary to insure that assessment and tax delinquency proceedings are consistent with the provisions of 1983 Wisconsin Act 455 and are adequate to satisfy the due process rights of the owner of mineral interests to notice of the taking through delinquent tax proceedings. 74-59
MINORS
See also CHILDREN
Alcohol and drug abuse
Except for those services for which parental consent is necessary under section 51.47(2), Stats., a physician or health care facility may release outpatient or detoxification services information only with the consent of the minor patient provided that the minor is twelve years of age or over. Wis. Admin. Code § HSS 92.06(2) (1986) and 42 C.F.R. § 2.14(b) (1987). 77-187
Appeals
Judgments of commitment under Youthful Offenders Act must be appealed within 90 days. 66-242
Automobiles and motor vehicles
Section 346.93, Stats., contains two prohibitions: first, an absolute ban on a minor's possession of intoxicating liquor in a motor vehicle; second, a ban on a minor's possession of any malt beverage in a motor vehicle, while any person under 18 years of age is a passenger or present in such motor vehicle. In order for a violation of that second prohibition to occur, a person under the age of 18 years, in addition to the violator of the statutes, must be present in the vehicle. 66-215
Community Development Disabilities Services Board
A juvenile court may order a 51.42 or 51.437 Board to provide care or treatment to a minor found to be in need of protection or services subject to conditions of ch. 51, Stats. 72-30
Confidential reports
A school cannot use confidential information obtained from law enforcement authorities to require students, under threat of expulsion, to participate in group or individual counseling, nor can the school use such information to suspend or expel students. The school can use such confidential information to refer a student to county social welfare agencies or nongovernmental self-help groups, but only if the student consents to such referral. 76-134
Except for those services for which parental consent is necessary under section 51.47(2), Stats., a physician or health care facility may release outpatient or detoxification services information only with the consent of the minor patient provided that the minor is twelve years of age or over. Wis. Admin. Code § HSS 92.06(2) (1986) and 42 C.F.R. § 2.14(b) (1987). 77-187
Identification records should be made by local law enforcement agencies of juveniles arrested or taken into custody pursuant to sec. 165.83(2), Stats., for confidential reporting to the Department of Justice. 62-45
Juvenile officers are not required to provide information in their possession concerning a juvenile to officials of the school attended by the juvenile when requested to do so. The school does not violate the confidential exchange provisions of sec. 48.396(1), Stats., by using the information obtained from a police officer to take disciplinary action against a student as long as the school does not reveal the reason for the disciplinary action to parties not authorized to receive such information. To the extent that 56 OAG 211 (1967) is in conflict with this opinion, it is modified. 69-179
also 70-67, 70-143
The duty to report suspected cases of child abuse or neglect under sec. 48.981(3)(a), Stats., prevails over any inconsistent terms in sec. 51.30, Stats. 68-342
County jail
The exclusive grant of jurisdiction to circuit courts for enumerated traffic offenses under section 48.17(1), Stats., involving juvenile offenders, sixteen years of age or older, includes the authority to sentence juveniles to the adult section of the county jail where the penalty is prescribed by the substantive traffic statute. 79-94
Court costs
When a municipal court adjudges a child to have violated a municipal ordinance, that court must impose court costs and should add the ten percent penalty assessment provided in sec. 165.87(2), Stats., to any forfeiture imposed for such violation. 69-26
