Fees for boat use; constitutional and unconstitutional
The delegation of authority to local governments to collect boater fees for miscellaneous "recreational boating services," under sections 30.77(3)(e)1.c. and 33.475, Stats., is unconstitutional. 79-185
Mining beneath beds of 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 property owners
Voting rights at the annual meeting of inland lake protection and rehabilitation districts may be extended by the Legislature to nonresident property owners, but only pursuant to a statewide referendum under Wis. Const. art. III, sec. 1(3). 69-32
Plats and platting
The application of secs. 236.16(3) and (4), Stats., which concern lake and stream shore plats, discussed in reference to proposed subdivisions which do not immediately abut a lake or stream, but where the subdivider holds an interest in lands lying between the proposed subdivision and the lake or stream. 66-85
The requirements of sec. 236.16(3), Stats., requiring subdivisions on navigable lakes or streams to provide public access does not apply to navigable lakes created by artificially enlarging a previously nonnavigable water course. The Department of Local Affairs and Development is not required by Executive Order No. 67 to object to a subdivision plat based on information supplied by the Department of Natural Resources that the plat is not in compliance with section NR 115 or section NR 116 Wis. Adm. Code. 64-146
Public trust
The Department of Natural Resources may enforce the terms of lakebed grants under section 30.03(4)(a), Stats., as long as such enforcement does not conflict with section 30.05. 78-107
State lands
State reservation of land and interests in lands under ch. 452, Laws of 1911 and sec. 24.11(3), Stats., discussed. 65-207
State responsibilities
The Department of Natural Resources may enforce the terms of lakebed grants under section 30.03(4)(a), Stats., as long as such enforcement does not conflict with section 30.05. 78-107
Surveys
The duties of the head of the planning function in the Department of Local Affairs and Development in administering and coordinating plat proposal reviews under sec. 236.12, Stats., in checking for compliance with the minimum survey layout and format requirements set forth in secs. 236.15, 236.16, 236.20 and 236.21(1) and (2), Stats., do not trigger environmental assessment under sec. 1.11, Stats. The Department of Local Affairs and Development and the Department of Natural Resources are not required to undertake an environmental assessment in instances where a variance in the public access to navigable waters requirements of sec. 236.16(3), Stats., is proposed since such a review is impossible. (Unpub.). 93-1977
Tax, impost or duty impermissible
The delegation of authority to local governments to collect boater fees for miscellaneous "recreational boating services," under sections 30.77(3)(e)1.c. and 33.475, Stats., is unconstitutional. 79-185
Water safety patrol officers
Water safety patrol officers in county patrol, created as a separate agency, do not have to be deputized by Sheriff to enforce secs. 30.50-30.80, Stats., Wisconsin's regulation of boating law. 65-169
Waterway to alleviate periodic flooding
Dredging a navigable waterway to alleviate periodic flooding is not a prohibited "work of internal improvement" within the meaning of Wis. Const. art. VIII, sec. 10. 69-176
Zoning ordinances, local
The Department of Natural Resources (DNR) is not subject to local zoning ordinances with respect to its construction of any building, structure or facility whose purpose is to assure the general public access to outdoor recreational areas, rather than to facilitate the internal operations of DNR as a state agency. 81-56
NEIGHBORHOOD YOUTH CORPS
See LABOR, Child labor
NET PROCEEDS OCCUPATION TAX
See TAXATION, Indians
NEWSPAPERS
Legal notice
A county board may direct supplemental publication of legal notices in a newspaper other than the official newspaper, provided that the supplemental publication is in a newspaper meeting the requirements of sec. 985.03, Stats. However, only the publication in the official newspaper constitutes official publication of a legal notice. (Unpub.). 15-1976
A municipality may not expend funds to publish the text of a legal notice in a shopper paper which does not meet the qualifications contained in sec. 985.03(1)(a), Stats. 71-177
A municipality may not expend funds to publish the text of a legal notice in a shopper paper which does not meet the qualifications contained in section 985.03(1)(a), Stats. 71 Op. Att'y Gen. 177 (1982) discussed and adhered to. (Unpub.). 29-1986
News media who have filed written requests for notices of public meetings cannot be charged fees by governmental bodies for the communication of such notices. 77-312
Under section 120.11(4), Stats., a school district in which no newspaper is published may print legal notices of the proceedings of school board meetings in a shopper paper which does not meet the qualifications contained in section 985.03(1)(a). Other legal notices required to be published by law may not be printed in such a shopper paper. 75-269
Medical Examining Board
Investigative hearings or meetings conducted by the Medical Examining Board must be given public notice whether conducted in closed session or open session. (Unpub.). 93-1976
Open Meeting
News media who have filed written requests for notices of public meetings cannot be charged fees by governmental bodies for the communication of such notices. 77-312
Open Meetings of Governmental Bodies Law, subch. IV of ch. 19, Stats., does not require that notice of a meeting be given by a legal notice of paid publication. Method of giving notice pursuant to sec. 19.84(1), Stats., discussed. 65-250
Public notice under sec. 19.84(2), Stats., for meeting of governmental body should be as specific as possible but a governmental body can discuss matters not specifically set forth in the notice and not known to chief presiding officer when the notice was given if the notice contains items similar to "such other matters as are authorized by law." Such procedure should be utilized with restraint. 66-143
Requirements of notice given to newspapers under sec. 19.84(1)(b) and (3), Stats., discussed. 66-230
Where a governmental body has convened in open session on proper notice, it can convene in closed session for proper purposes to discuss an element of subject matter for which the meeting was called, and which is proper to discuss in closed session, upon motion made and adopted with vote of each member recorded, if proper public announcement is made to those present at the meeting and if such closed session was not contemplated at the time notice for the open session was given. 66-106
Written request pursuant to sec. 19.84(1)(b), Stats., by news media for notice of meetings of governmental body should be filed with chief presiding officer or his designee and separate written request should be filed with each specific governmental body. 65-166
Shopper paper
A municipality may not expend funds to publish the text of a legal notice in a shopper paper which does not meet the qualifications contained in sec. 985.03(1)(a), Stats. 71-177
A municipality may not expend funds to publish the text of a legal notice in a shopper paper which does not meet the qualifications contained in section 985.03(1)(a), Stats. 71 Op. Att'y Gen. 177 (1982) discussed and adhered to. (Unpub.). 29-1986
Under section 120.11(4), Stats., a school district in which no newspaper is published may print legal notices of the proceedings of school board meetings in a shopper paper which does not meet the qualifications contained in section 985.03(1)(a). Other legal notices required to be published by law may not be printed in such a shopper paper. 75-269
NONRESIDENT PROPERTY OWNERS
See PROPERTY
NORTH CENTRAL WISCONSIN REGIONAL PLANNING COMMISSION
Liability
Employes of regional planning commissions organized under section 66.945, Stats., are not state agents, officers or employes within the meaning of section 895.46(1)(a), but they are protected by that subsection's requirement that such planning commissions themselves indemnify them for liability incurred in the course of their duties. 77-142
NOTARY PUBLIC
Convicted felon
A convicted felon who has been restored to his civil rights, pursuant to sec. 57.078, Stats., is barred from the office of notary public, by art. XIII, sec. 3, Wis. Const., unless he has been pardoned. The certificate provided for by sec. 57.078, Stats., may be issued by other than the Department of Health and Social Services. The serving of the sentence is what restores the person's civil rights, and the certificate merely evinces the serving of the sentence. 63-74
Residence requirements
Section 137.01(1) and (2), Stats., which requires Wisconsin residency as a condition of appointment as notary public in Wisconsin, does not violate the Privileges and Immunities Clause of the Federal Constitution and should be complied with unless and until it is declared invalid by a court of competent jurisdiction in a proper case. 74-221
NURSES
Charge nurse"
