Governor's veto of one digit of a separable part of an appropriation bill constitutes an objection within the meaning of Wis. Const. art. V, sec. 10, and the entire part is returned to the Legislature for reconsideration. 62-238
Internal improvement
Dredging a navigable waterway to aleviate periodic flooding is not a prohibited "work of internal improvement" within the meaning of Wis. Const. art. VIII, sec. 10. 69-176
Joint Sewerage Commission
Is empowered within the territorial limits of its district to enact and enforce regulations which would be required of it under the mandates of the Clean Water Act of 1977, but it cannot make appropriations of issue bonds without the approval of the governing bodies which established it. 68-83
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
National forest income
Section 59.20(13), Stats., controls the distribution of national forest income by county treasurers derived from 16 U.S.C. sec. 471, et seq., and 31 U.S.C. sec. 1601, et seq. This opinion withdrawn, see 67 OAG 277. (Unpub.). 45-1978
Nonprofit corporations
Where county board has created community relations-social development commission pursuant to sec. 66.433, Stats., it cannot, through such commission, fund community-wide nonprofit corporations it deems worthy, by setting forth in the commission's budget, the amount of money to go to a specific nonprofit agency. Where a county board creates a sec. 66.433 commission, it cannot by reason of sec. 59.025(c), Stats., transfer all the duties and functions of such commission to another board or commission or committee of the county board. 67-297
ORAP
ORAP may be used to restore deteriorated milldams provided a public use is evident. 63-245
Reimbursement
Under ch. 333, Laws of 1973, counties may not expect reimbursement for care and services when sum certain appropriations are exhausted. Counties do have authority to provide the funding of such services on their own but are not required to do so when reimbursement is unavailable. 63-584
Religion
Wisconsin Constitution art. I, sec. 18, prohibiting the drawing of money from the treasury for the benefit of religious societies, or religious or theological seminaries is a proscription against using public monies for such purpose. Section 3 of 1977 Assembly Bill 500 which purports to establish a separate fund outside of the state treasury if enacted would not avoid this prohibition since the public nature of the money is not changed. 67-71
Senior citizen center
Revenue sharing monies may be expended by a town board to operate a senior citizen center under state law. (Unpub.). 23-1980
Unemployment Compensation "interest and penalties" Fund
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. (Unpub.). 49-1978
Veto
See County Executive's Veto; Governor's veto
Waste management system
Towns, villages and cities in counties establishing a county solid waste management system under sec. 59.07(135), Stats., may be taxed for the capital costs of the county-wide system, but not for the operating costs. 67-77
Wisconsin Higher Education Corporation
The Wisconsin Higher Education Corporation may provide administrative services to lenders, charge a reasonable fee, and may transfer any excess funds it receives from such fees to the appropriations of the Higher Education Aids Board, or the state. (Unpub.). 3-1977
ARCHITECTS AND ENGINEERS
Business title
Whether use of terms "engineer" or "engineering" in business title violates ch. 443, Stats., depends on a case-by-case analysis of the circumstances to determine whether these terms tend to convey the impression that a person or business is offering professional engineering services when it is not certified to do so. 70-131
Certification of out-of-state surveyors
The Examining Board of Architects, Professional Engineers, Designers and Land Surveyors may not promulgate a rule requiring out-of-state applicants for certification as land surveyors to pass an examination concerning Wisconsin practices and procedures if they possess a valid certification in another state. 76-49
Designer Section
The Designer Section of the Examining Board of Architects, Professional Engineers, Designers and Land Surveyors does not have rulemaking authority. 74-200
Engineer
Whether use of terms "engineer" or "engineering" in business title violates ch. 443, Stats., depends on a case-by-case analysis of the circumstances to determine whether these terms tend to convey the impression that a person or business is offering professional engineering services when it is not certified to do so. 70-131
Examining Board
The examining Board is empowered to adopt a rule requiring an applicant for registration as a professional engineer to have practiced engineering in Wisconsin or have had contacts with the state such that the applicant is familiar with Wisconsin law and practice. It is not unconstitutional to register without a diploma applicants who have twelve or more years of experience in engineering work, nor is it unconstitutional to register without examination applicants who are not less than age thirty-five and who have twelve years of experience. Further, it would not be unconstitutional to impose a ten-day residence requirement prior to application. 70-156
Registration of land surveyors
Examining Board, rather than constituent sections, has rule-making authority and may adopt a rule interpreting sec. 443.02(3)(a)4., for registering land surveyor applicants, to require applicants to show knowledge regarding land surveying procedures and practices peculiar to Wisconsin. (Unpub.). 73-1978
State contracts
State contracts for the purchase of professional architectural and engineering consulting services must comply with the bidding requirements of sec. 16.75(1), Stats., unless waived by the Governor. 65-251
ARREST
See also CRIMINAL LAW; PRISONS AND PRISONERS
Anonymous telephone tip
An anonymous telephone tip to the police that a specified vehicle is being driven by an unlicensed person does not create an articulable and reasonable suspicion of illegality justifying an investigatory stop of the auto and driver. Under certain very limited circumstances, however, information from an anonymous informant may authorize a stop-and-frisk or an investigatory vehicle stop. 68-347
Conservation wardens
A conservation warden, acting pursuant to the arrest power conferred upon him by sec. 29.05(1), Stats., may arrest with or without a warrant, any person detected in the actual violation, or any person whom such officer has reasonable cause to believe guilty of a violation of ch. 350, except where applicable to highways. A conservation warden has the power under sec. 29.05(1), Stats., to stop any snowmobile and to make necessary inquiries, if he has reasonable cause to believe there is a violation of ch. 350, and to conduct a limited weapon search where he reasonably suspects that he or another is in danger of physical injury. 64-166
The power of arrest of DNR wardens is limited by statute; they do not have general law enforcement authority except on state-owned lands, and property under DNR's supervision, management and control including the power to arrest violators of state law on all bodies of water which lie exclusively within such area, as determined by facility boundaries. 68-326
Domestic dispute, no-contact provision
A warrantless arrest and detention for bail jumping, section 946.49, Stats., is authorized if probable cause exists that the arrestee violated the contact prohibition in section 968.075(5)(a)1. after being released under chapter 969. 78-177
Drunk driving
Counties can enter into reciprocal mutual assistance agreements whereby they can agree in advance to cooperate in the arrest of persons suspected of violating drunk driving laws who are involved in an accident in one county and transported to a hospital in another county. 72-85
Section 345.24, Stats., does not require the release of a person twelve hours after his arrest for one of the alcohol-related driving offenses specified in that statute if the person's blood-alcohol content still exceeds .05 percent, as long as the person is brought before a court without unreasonable delay. 76-95
Employer and employe
1. A licensing agency may not ask an applicant about juvenile delinquency records. 2. A licensing agency may request information from an applicant regarding conviction records under sec. 111.32(5)(h), Stats. 67-327
Implied consent
A driver of a motor vehicle cannot be asked to take a test to determine alcoholic intoxication pursuant to sec. 343.305(2)(am), Stats., unless there has been a lawful arrest. 67-314
