A vacancy in the office of a State Senator is created under the provisions of art. XIII, sec. 3 and art. XIII, sec. 10, Wis. Const., as implemented by sec. 17.03(5), Stats., upon his conviction of and sentence for any felony punishable by imprisonment in state prison, and no further specific action is required by the State Senate to implement those provisions. 65-264
Statement of economic interests
An individual who is required to file a Statement of Economic Interests and who is a beneficiary of a trust which provides that the individual will receive a share of the trust's corpus upon the death of the individual's parent if he or she survives the parent, must identify on his or her Statement of Economic Interests, the securities held by the trust if the individual's interest in the securities is valued at $5,000 or more. 80-183
Trust fund
An individual who is required to file a Statement of Economic Interests and who is a beneficiary of a trust which provides that the individual will receive a share of the trust's corpus upon the death of the individual's parent if he or she survives the parent, must identify on his or her Statement of Economic Interests, the securities held by the trust if the individual's interest in the securities is valued at $5,000 or more. 80-183
Town supervisors
No additional compensation of any kind may be paid to town supervisors who serve on the town board of review. Compensation may be increased to a town clerk for service on the board of review if the clerk has previously been designated part time by the town meeting pursuant to section 60.305(1)(b), Stats. 79-176
Wisconsin Housing Finance Authority
The Wisconsin Housing Finance Authority does not have the power to increase the salary of its Executive Director up to the maximum of the executive group range established under sec. 20.923(1), Stats., for positions assigned to Wisconsin state executive salary group 6 until February 1, 1983. 71-186
Unclassified
Salary adjustments for unclassified administrators, executive assistants and deputies discussed. (Unpub.). 33-1979
University employes
Section 946.13, Stats., prohibiting private interest in public contracts may impose criminal liability upon the University of Wisconsin employes who in their private capacities deal contractually with the State of Wisconsin to provide services and equipment. (Unpub.). 64-1977
Vacating of office
A county board supervisor elected at the 1984 Spring election who moved from such district in the Fall of 1984 vacated his office even though he continued to reside in the same county because 1983 Wisconsin Act 484 amended section 59.125, Stats., to require that "[n]o person is eligible to hold the office of county supervisor who is not a resident of the supervisory district from which he or she was chosen." 74-160
Veterans Affairs, Secretary of
Salary adjustments for the incumbent Secretary discussed. 67-257, 262
PUBLIC PROPERTY
Architectural plans for public building
Plans and specifications filed with DILHR under sec. 101.12, Stats., are public records under secs. 16.61 and 19.21, Stats., and are available for public inspection. 67-214
Capitol
The described Christmas pageant presented by the Madison Civic Music Association, Inc., in the Capitol does not involve governmental advancement or inhibition of religion or governmental entanglement with religion as contemplated and prohibited by Wis. Const. art. I, sec. 18. 67-180
County property
Although a county may not acquire land specifically for the purpose of leasing that land to a private entity licensed to operate a racetrack under section 562.05(1)(a), Stats., it may lease land initially acquired for a valid public purpose to such a private entity, unless the circumstances of the lease demonstrate that the land has become surplus land. 80-80
County property, sale of
County ordinances delegating the authority to decide the terms under which county property will be sold and delegating the authority to negotiate certain public works contracts to county committees do not impermissibly infringe upon the administrative duties and powers of the county executive. 80-49
Racetrack
Although a county may not acquire land specifically for the purpose of leasing that land to a private entity licensed to operate a racetrack under section 562.05(1)(a), Stats., it may lease land initially acquired for a valid public purpose to such a private entity, unless the circumstances of the lease demonstrate that the land has become surplus land. 80-80
Surplus land
Although a county may not acquire land specifically for the purpose of leasing that land to a private entity licensed to operate a racetrack under section 562.05(1)(a), Stats., it may lease land initially acquired for a valid public purpose to such a private entity, unless the circumstances of the lease demonstrate that the land has become surplus land. 80-80
PUBLIC PURPOSE DOCTRINE
County funds
Under appropriate circumstances, a county may appropriate county funds reasonably necessary for improvement, maintenance and operation of county property which is not deemed to be surplus, even though such property may no longer be required for the public purpose for which it was originally acquired and is not currently required for some other specific public use. 76-169
Discussed in relation to general obligation fund revenues
The Farmers Fund Program, as set out in section 92.32, Stats., does not violate article VIII, sections 3 or 10 of the Wisconsin Constitution, nor are its terms contrary to the Public Purpose Doctrine. 74-25
Historic Sites Foundation, Inc.
It was constitutional for the Legislature to extend indemnity and other liability protections to the Corporation and its agents and employes who manage and operate a state-owned circus museum. 75-182
Mining Investment and Local Impact Fund Board. 70-48
Snow removal
Section 86.105, Stats., does not authorize counties to contract to plow private parking lots. Because of increased availability of private sector alternatives any activity engaged in pursuant to said statute should meet the stringent restrictions set forth in 50 OAG 98 (1961), in an analogous context. 67-304
Taxation
Proposals for exemptions of "homestead property" from local property taxation probably are unconstitutional under the Equal Protection Clause of the state and federal constitutions and the Tax Uniformity Clause of the state constitution. 66-337
PUBLIC RECORDS
See also ANTI-SECRECY; CONFIDENTIAL REPORTS; OPEN MEETING and articles found in Introduction to 49 OAG (1960), 54 OAG (1965), and 65 OAG (1976)
AFDC recipients
Because records concerning AFDC recipients are confidential, only the amounts of monthly payments made to AFDC recipients together with their names and addresses, may be released to the Department of Revenue by the Department of Health and Social Services. AFDC recipients must be notified when such information is released. 69-95
Alphabetical index of the Register in Probate
The alphabetical index which the Register in Probate must maintain pursuant to section 851.72(5) is not a court record and thus is open to public access under sections 59.14(1) and 19.31. The index may not, however, contain results of proceedings under chapters 55 and 880. The $4.00 search fee of section 814.66(1)(j) applies only when a person fails to furnish the docket or file number or when a search is conducted to ascertain the existence or non-existence of a record. The charge for one page certified copy from the Register in Probate or Clerk of Court is comprised of an initial $3.00 certifying fee and a $1.00 per page fee and is thus $4.00. 73-16
Ambulance calls
Under present law, ambulance records relating to medical history, condition or treatment are confidential while other ambulance call records are subject to disclosure under the public records law. 78-71
Architectural plans for public building
Plans and specifications filed with DILHR under sec. 101.12, Stats., are public records under sec. 101.12, Stats., are public records under secs. 16.61 and 19.21, Stats., and are available for public inspection. 67-214
Blood tests
Sheriff's radio log, intradepartmental documents kept by Sheriff and blood test records of deceased automobile drivers in hands of Sheriff are public records subject to inspection and copying under sec. 19.21(2), Stats., and subject to limitations contained in court cases cited which place duty on custodian to withhold disclosure where substantial harmful effect upon the public interest would result. Specific reason for withholding must be given which may be tested by mandamus in the courts. Such records do not appear to be records required by law to be kept by Sheriff. Where records are required by law to be kept by Sheriff, right of inspection exists under sec. 59.14(1), Stats. That portion of 41 OAG 237 (1952) inconsistent with this opinion is repudiated. 67-12
Camera-ready copy
Department of Administration probably has authority under sec. 19.21(1), (2), Stats., to provide private corporation with camera-ready copy which is product of printout of computer stored public records if costs are minimal. State cannot contract on a continuing basis for the furnishing of this service. 63-302
Certified copies of birth, death and marriage records
A bank, its employes and agents violate section 69.24(1)(a), Stats., when copying a certified copy of a vital record for use by the Federal Reserve Bank. 78-232
The amount payable to a Register of Deeds for issuing certified copies of birth, death and marriage records is $4 if the Register must search for the records but $1 if no search is necessary. 68-311
Child abuse
