Veterans
Funds for a first mortgage loan program to finance private housing for veterans cannot be obtained through state general obligation bonding within the meaning and intent of art. VIII, sec. 7, Wis. Const. 63-342
In making housing loans under sec. 45.352, Stats., the Department may rely on fixed standards as to the applicant's needs. When applications on hand exceed available funds, loans should be made to the most needy applicants. 62-66
Weatherization improvement loan
The recent amendment to sec. 45.80(2)(c), Stats., exempts a weatherization improvement loan supplement from the "maximum primary financing" requirement only in the case of a home purchase loan. Home improvement loans made under sec. 45.76(2)(a), Stats., are therefore not exempt from such requirement. (Unpub.). 52-1980
MOTOR VEHICLE DEPARTMENT
See TRANSPORTATION, DEPARTMENT OF, Motor Vehicles, Division of
MOTOR VEHICLES
See AUTOMOBILES AND MOTOR VEHICLES
MUNICIPAL CORPORATIONS
Bonds
Legislation is necessary to allow the Milwaukee Metropolitan Sewerage District to borrow up to the limits of its separate indebtedness authorized under Wis. Const. art. XI, sec. 3. (Unpub.). 27-1979
Fire department
Volunteer fire department organized as a nonprofit corporation pursuant to sec. 213.05, Stats., is not a governmental or quasi-governmental corporation and is not subject to provisions of the Open Meeting Law, secs. 19.81-19.98, Stats. 66-113
Milwaukee Metropolitan Sewerage District
Legislation is necessary to allow the Milwaukee Metropolitan Sewerage District to borrow up to the limits of its separate indebtedness authorized under Wis. Const. art. XI, sec. 3. (Unpub.). 27-1979
Violation of a code of ethics ordinance
County Board may provide for a penalty in the nature of a forfeiture for violation of a code of ethics ordinance but may not bar violators from running for office. Violation is not a neglect of duties required by law under sec. 59.10, Stats., or ipso facto cause for removal from office under sec. 17.09(1), Stats. 66-148
MUNICIPAL COURT
Blood test
Section 343.305, Stats., as repealed and recreated by ch. 193, Laws of 1977, does not vest in municipal courts the power to conduct hearings to determine the reasonableness of a refusal to submit to chemical tests to determine blood alcohol levels, since a municipal court has only those powers expressly conferred on it by statute, and such statute contains no express language conferring the hearing power above-mentioned on a municipal court. The power of a municipal court to preside over ordinance matters would not include such hearings, since local government lacks authority to enact the provisions of sec. 343.305, Stats., as an ordinance. 67-185
MUNICIPALITIES
See also CITIES; TOWNS; VILLAGES
Automobiles and motor vehicles
Local governments can prohibit first acts of operating after revocation or suspension, but second offense will not be a crime. 71-132
The ordinance adopted by the Village of West Milwaukee which authorizes the placement of an immobilization device on an automobile of an individual who has ten or more outstanding or otherwise unsettled traffic violations does not constitute a valid exercise of a municipality's authority under Wisconsin law. 77-73
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
Bicycles
The licensing of bicyclists, the creation of bicycle courts and the impoundment of bicycles is a matter of statewide concern. Cities and villages cannot exercise such regulation in the absence of express legislative authorization. 66-99
Bids and bidders
Municipalities may require bidders to include a list of subcontractors. Counties may reject a proposal for failure to include a complete list, except when omitted subcontractors themselves submitted timely, written bids to the general contractor. 76-29
Bonds
As a general rule a municipality may not, without specific authorization, guarantee the financial obligations of a private landfill operator. (Unpub.). 47-1982
Hotels, motels and marinas are not permissible "projects" under the definition provided in sec. 66.521(2)(b), Stats. There is no authority under sec. 66.521, Stats., to establish a reserve fund from bond proceeds for payment of principal of and interest on the bonds, except as may be contemplated under the limited circumstances of sec. 66.521(7)(h), Stats. 66-162
Section 67.04(2)(a), (b), (8), Stats., does not authorize the City of Marshfield to utilize its bonding authority to construct a building wholly for use by the Mid-State Vocational, Technical and Adult Education District on a leased basis. 71-165
Building permit
Under section 66.036, Stats., additions to, and the remodeling of, structures require an on-site inspection of the existing private sewage system before a building permit may be issued. 75-38
City clerk's authority
Under sec. 9.20(3), Stats., a city clerk's authority to examine the "sufficiency" and "form" of an initiative petition is at least as extensive as the city council's under sec. 9.20(4), Stats. This judicially established authority should only be exercised where a substantive insufficiency clearly exists. 69-41
City school district
Subject to approval of the fiscal board or the city council, a city school district has the authority to sell real and personal property no longer used for school purposes. Under sec. 120.56(2), Stats., money received from such sales must be placed in a sinking fund under the control of the fiscal board to be used for educational purposes. Municipalities may enter into an agreement with a joint school district to provide for the sale or transfer of property being used by the school district for educational purposes. Such agreement may provide for the payment of the purchase price in services, materials or property provided that the value of such purchase price constitutes fair market value. 66-272
Class "B" liquor licensees
Class "B" liquor licensees must be similarly treated by a municipality as to the hours they may be open for sales of liquor. 63-597
Code of ethics ordinance
County Board may provide for a penalty in the nature of a forfeiture for violation of a code of ethics ordinance but may not bar violators from running for office. Violation is not a neglect of duties required by law under sec. 59.10, Stats., or ipso facto cause for removal from office under sec. 17.09(1), Stats. 66-148
Commission members indemnification protection
Where a commission is created by two villages, acting pursuant to section 66.30, Stats., for a joint exercise of a power possessed by such villages, its voting members, whether drawn from the governing bodies of such villages or from citizen-residents thereof, are public officers, who enjoy the indemnification protection provided by section 895.46(1). A non-voting member of such commission, who cannot serve as an officer thereof, and whose sole power and duty is to provide "input" to the commission relative to the particular needs of the corporation appointing him/her to the commission, is neither a public officer nor a public employe, so as to enjoy the indemnification protection of section 895.46(1). Moreover, such non-voting commission member is not entitled to such protection as an agent of any department of the State of Wisconsin. 74-208
Controlled substances"
Chapter 161, Stats., the Uniform Controlled Substances Act, precludes the enactment of municipal ordinances regulating the sale and possession of such "controlled substances" as marijuana. 63-107
Drug testing; pre-employment
A municipality's decision to require pre-employment drug testing for prospective employes must balance the need for testing in particular positions against the invasion of personal rights that the search entails, considering all relevant factors. 76-257
Dwelling Code
Liability of local units of government in adopting and enforcing the One- and Two-Family Dwelling Code discussed. 69-197
The one- and two-family dwelling code is applicable to additions of any buildings initially constructed after the effective date of the one- and two-family dwelling code act and the Department of Industry, Labor and Human Relations can exempt certain dwellings from aspects of code. 67-191
Electric company
Section 66.60(16) authorizes cities owning their own electric companies to pass ordinances allowing unpaid charges for furnished electricity to be placed on the tax bill of the receiving property; section 66.069(1)(b) cannot be construed to authorize such ordinances. 73-128
Electric utility
A municipal public utility commission managing a city-owned public electric utility is a governmental body under sec. 19.82(1), Stats., and its meetings are subject to secs. 19.81-19.98, Stats. 65-243
