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
Mandatory
The provisions of section 968.075, Stats., apply to roommates living in university residence halls, whether privately or state owned. If the criteria requiring arrest under section 968.075(2) exist, the law enforcement officer must make a custodial arrest. 79-109
Parking forfeiture
Section 349.03(2m), Stats., prohibits both prejudgment and postjudgment arrest for failure to pay a parking forfeiture. 70-285
Warrantless
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
ARSON BUREAU, STATE
Search and seizure
State Arson Bureau and local fire and police departments are subject to the Fourth Amendment warrant requirements of the U.S. Constitution in conducting searches for evidence of arson. If consent to search is sought, very general guidelines are that a tenant or co-tenant may consent to search of area under his control, while consent to search a common area may be given by landlord or, if objector could not reasonably expect privacy, by a tenant. 68-225
ARTICLES OF INCORPORATION
See also CORPORATIONS
Nonprofit corporation
Standards for determining whether a nonprofit corporation qualifies for tax exempt status as a retirement home under sec. 70.11(4) discussed. 66-232
Practice of law
The drafting of Articles of Incorporation and other corporate documents to be filed with the Secretary of State constitutes the practice of law within the meaning of sec. 256.30(2), Stats. Any relaxation of this restriction is a question for the Wisconsin Supreme Court. 65-173
Quorum
Articles of Incorporation which purport to allow informal corporate action by written consent of less than all parties entitled to vote are clearly inconsistent with the provisions of sec. 180.91, Stats., and are prohibited by ch. 180, Stats. 62-240
Statutory conditions of
Section 180.47, Stats., cannot accurately be viewed as correcting, waiving or curing non-compliance with the statutory conditions governing the initial incorporation of a business, which are required to precede the issuance of a certificate of incorporation under sec. 180.46, Stats., since sec. 180.47, Stats., clearly authorizes the State to assert such non-compliance for the purpose of cancelling or revoking the certificate of incorporation. The Attorney General should be advised of any instances where certificates of incorporation are erroneously issued so that the State may assert such non-compliance for the purpose of cancelling or revoking such certificates. Although sec. 180.47, Stats., does not apply to erroneously issued certificates of amendment, appropriate action should be taken to cancel or revoke any such certificates. 62-160
ASSESSMENTS
See also TAXATION
Automobiles
An ad valorem tax upon automobiles where the assessment would be based on the manufacturer's suggested retail price and the age of the vehicle, and where the rate would be unrelated to the tax rate upon other taxable property, would violate the uniformity requirement of Wis. Const. art. VIII, sec. 1. (Unpub.). 99-1977
Condominium
The legal description of condominium units must conform to the requirements of chapter 703, Stats., the Condominium Law. The requirements of chapter 236, dealing with platting and subdividing, may not be used to legally describe condominium units. 75-94
Conservation area
Section 70.11(24), Stats., is unconstitutional as violative of the uniformity clause in Wis. Const. art. VIII, sec. 1. 66-326
Indians
Indians residing on nontaxable land are electors of the town of residence. Where new towns are created by division, each such town must be 36 sections in area, unless each such town, after division, has 75 electors and taxable real estate of $200,000 or more. 66-256
Mall; Stevens Point
Expenses incurred by city in converting street to mall may be assessed against state and assessment paid if approved by Board of Commissioners of Public Lands. (Unpub.). 45-1975
State Street Mall-Capitol Concourse
State property not subject to assessment of special charges under sec. 66.60(16), Stats., for maintenance of State Street Mall-Capitol Concourse project as proposed by the City of Madison. Section 66.64, Stats., is limited to special assessments for improvements. 69-269
Tax Increment Law
Tax Increment Law appears constitutional on its face and the Department of Revenue should carry out its duties and responsibilities under the law as directed by the Legislature. 65-194
ASSESSOR'S PLATS
Paper requirement
1. Section 236.20(1)(a), Stats., requires that plats be submitted on the paper described therein. Plats submitted on other paper are objectionable. 2. Only the original ink-drawn plat on the required paper can be recorded with the Register of Deeds. 67-8
