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"
A licensed practical nurse may serve as a "charge nurse" under section H 32.08(5) Wis. Adm. Code, but in so doing must avoid activities which would constitute the practice of professional nursing under sec. 441.11(2), Wis. Stats. 65-71
Citizenship
Sections 441.04, 441.07 and 441.10, Stats., making citizenship a prerequisite to obtaining a certificate/license to practice nursing in the State of Wisconsin, are unconstitutional in that they violate rights under the Fourteenth Amendment of the United States Constitution when applied to resident aliens. 64-65
Contraceptives
Professional nurse may sell contraceptive articles, including oral contraceptive drugs, under sec. 450.11(5), Stats. 66-158
Conviction records
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
Counties
County may contract with city for the joint provision of public health nursing services under sec. 66.30(2), Stats. 66-54
Emergency Medical Technician
A registered nurse functioning as an Emergency Medical Technician may perform any service he or she is authorized to perform as a nurse. (Unpub.). 38-1981
Licensed practical nurse (L.P.N.)
A licensed practical nurse may serve as a "charge nurse" under section H 32.08(5) Wis. Adm. Code, but in so doing must avoid activities which would constitute the practice of professional nursing under sec. 441.11(2), Wis. Stats. 65-71
A licensed practical nurse may not supervise or direct other nurses or medical assistants even if he or she is employed in a nursing home and is denominated a "charge nurse." The Board of Nursing is not precluded from exercising its authority as set forth in sec. 441.01(3), Stats., and as expressed through administrative rule to determine which functions constitute the practice of professional nursing for any health care setting. The Board is, however, precluded from simply specifying job titles which can be assigned only to professional nurses. (Unpub.). 7-1982
If acting under the supervision and direction of an R.N., an L.P.N. may manage patient care and other L.P.N's or less skilled assistants; supervision does not require the immediate physical presence of the R.N. and may be fulfilled by any mechanism which insures safe nursing care. (Unpub.). 30-1982
Medication
Preparation of medication by a nurse under direction of a physician is permissible under sec. 450.04(3), Stats. Delivery of such medication to prisoners by jail attendants pursuant to instructions of the physician is permissible under sec. 450.07(2), Stats. 66-178
New baccalaureate program
The Board of Nursing has authority to accredit a new baccalaureate program even though the particular students who undertake that program are already certified as registered nurses. 68-407
NURSING HOMES
Accountability
The governing body and/or administrator of a nursing home is not accountable for the actions of nursing home patients when such patient is not physically present in the nursing home. 64-211
