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
ASSOCIATIONS
Credit union membership
Organizations and associations eligible for credit union membership under sec. 186.05(1)(b), Stats., defined and discussed. 65-77
Political fund
Wisconsin Administrative Code section E1Bd 1.06, and the forms developed to effectuate that rule, EB-11 and EB-12, which require corporations and associations to register and twice yearly report their expenditures for the establishment and administration of a political fund and for solicitation of political contributions to such fund, improperly impose substantive requirements in addition to those reasonably within the intendment of sec. 11.38(1)(a)2., Stats., and are therefore unenforceable. 67-193
ATTORNEY GENERAL
Collective bargaining
Attorney General declines to render an opinion on what is subject to collective bargaining in view of a preferred legislative intent that such questions be resolved through the declaratory judgment procedure before the Wisconsin Employment Relations Commission subject to judicial review. 63-590
Local Emergency Planning Committee
A local emergency planning committee created by the county board pursuant to section 59.07(146), Stats., is in many respects treated as other county committees. The county board has the authority to appropriate funds for the committee and the county's relationship to the committee is the same as the county's relationship to the other county bodies created under section 59.07, with the exception that the county must be consistent with the authority exercised by the state emergency response commission. The county corporation counsel should provide legal advice and assistance to the LEPC. If the LEPC or its members are sued, the attorney general represents them; and the state would pay the judgment if the requirements of section 895.46 have been satisfied. 78-27
Opinions
Except in extraordinary circumstances, the attorney general will not issue opinions concerning the meaning or intent of municipal ordinances. OAG 26-88 discussed and adhered to. (Unpub.). 58-1988
The Milwaukee County board may not delegate the exclusive authority to approve contracts for budgeted public works projects to the museum board or to the zoological board. Except in extraordinary circumstances, the attorney general will not issue opinions concerning the meaning or intent of municipal ordinances. 77-120
Payment of judgments
Pursuant to sec. 20.865, Stats., both segregated revenues and general purpose revenues of the general fund are available for the payment of judgments arising out of segregated fund activities in the same proportion in which they were, or would have been, used to finance a program appropriation for the payment of such judgments; sec. 20.865(1)(a), Stats., includes authority for payment of settlements made by the Attorney General pursuant to sec. 165.25(6), Stats. (Unpub.). 18-1975
Service of process
Discussed within the meaning of sec. 262.06(3), Stats. (1973). 63-467
ATTORNEYS
See also DISTRICT ATTORNEY
Board of Attorneys Professional Responsibility
Entitlement to indemnity and immunity from suit of prosecuting counsel retained by the Board of Attorneys Professional Responsibility discussed. 75-49
The members of the Board of Attorneys Professional Responsibility and the members of the Professional Responsibility Committees are officers within the meaning of secs. 895.45 and 895.46, Stats., and are protected by civil immunity when acting within the scope of their office in the absence of malicious, willful and intentional misconduct. (Unpub.). 48-1978
