Minimum gas safety standards
The Public Service Commission must hold a public hearing prior to the adoption of the minimum gas safety standards of the federal Department of Transportation as rules pursuant to sec. 196.745(1), Stats. 63-152
Provisional appointees
Provisional appointees under sec. 17.20(2), Stats., need not be confirmed by the Senate before they can begin to serve but can serve pending Senate confirmation or rejection or appointment withdrawal by the Governor. 69-136
Rate increases
Utility rate increases granted under an automatic fuel adjustment without a sec. 196.20(2), Stats., hearing probably would not be illegal if the automatic adjustment clause were limited to purchased fuel or power. 70-108
PUBLIC UTILITIES
See also CORPORATIONS; TELEPHONE
Holding company
The Public Service Commission has the authority to determine that a holding company, formed by a public utility corporation to engage in non-utility business ventures, is itself a public utility within the meaning of sec. 196.01(1), Stats., where the holding company possesses the power to control the utility plant or equipment or where the arrangement is a device to enable the public utility corporation to evade regulatory jurisdiction. 71-147
Open meeting
A municipal public utility commission managing a city-owned public electric utility is a governmental body under sec. 19.82(1), Stats., and its meetings are subject to secs. 19.81-19.98, Stats. 65-243
Where Water and Light Commission has power to fix compensation of employes, it may meet in closed session to discuss and vote upon increases for non-union employes. A record must be made of motions and roll-call votes at open and closed meetings. Such record is open to inspection and copying subject to sec. 19.21, Stats., and common-law limitations with respect thereto. 67-117
Property tax liens
Section 66.60(16) authorizes cities owning their own electric companies to pass ordinances allowing unpaid charges for furnished electricity to be placed on the tax bill of the receiving property; section 66.069(1)(b) cannot be construed to authorize such ordinances. 73-128
Rate increases
Utility rate increases granted under an automatic fuel adjustment without a sec. 196.20(2), Stats., hearing probably would not be illegal if the automatic adjustment clause were limited to purchased fuel or power. 70-108
PUBLIC WELFARE
See also FOSTER HOMES; INDIGENT; PUBLIC ASSISTANCE
AFDC
Promulgation of rules by HSS to recoup improper payments discussed. 65-128
Section 49.50(10), Stats., sanctions the use of a self-declaration application system for the AFDC program as to economic eligibility. Other factors of eligibility must be verified through a home visit, investigation and report as required by sec. 49.19(2), (3), Stats., before assistance may be granted. 63-32
AFDC mother
Section 49.19(6), Stats., which provides that an AFDC mother may be required to do renumerative work has not been affected by amendments to the Work Incentive Program, nor does it violate equal protection provisions of the Fourteenth Amendment. 62-120
Community Relations-Social Development Commission
Functions of a Community Relations-Social Development Commission authorized under sec. 66.433, Stats., are not limited to study, analysis and planning, but have authority to carry out some human relations programs providing services directly to citizens. 63-182
Council on Developmental Disabilities
The Council on Developmental Disabilities is an advisory council but has additional authority and responsibilities as well. The Council while created in the Department of Health and Social Services is authorized to function independently on matters within its jurisdiction and is responsible to the Department of Health and Social Services only in its advisory role in matters not covered by sec. 51.435, Stats. (Unpub.). 47-1976
County Board
County Board has no power to hire and fire employes of County Welfare Department. 65-163
Powers of County Board and County Board of Public Welfare as to establishment of and appointment to positions in the Public Welfare Department, concerned with administration of aid to dependent children, discussed. 68-262
Since matters affecting health and welfare are of statewide concern, sec. 59.025(2)(3), Stats., created by ch. 118, Laws of 1973, does not authorize county boards to abolish county departments, boards or committees pertaining to health and welfare and required by existing state statutes nor does it authorize the transfer of their functions and duties or consolidation of them into a single "Community Human Services Board." 63-580
The County Board of Public Welfare rather than the County Board of Supervisors has the authority to appoint a County Welfare Director. 62-114
County child support agencies
County child support agencies can initiate actions to compel support under sec. 767.08(2), Stats., without the payment of a filing fee. 72-72
Foster homes
County agencies do not have the authority to directly operate a foster home or what has been described as a "group foster home." (Unpub.). 39-1976
Foster homes contracted for (i.e., leased) by the Department of Health and Social Services, pursuant to sec. 48.52, Stats., are immune from local zoning to the extent that the zoning conflicts with the Department's possessory use of property for purposes contemplated by ch. 48, Stats. However, immunity for leased facilities is subject to sec. 13.48(13), Stats., as amended by ch. 90, sec. 2, Laws of 1973. Section 48.64, Stats., agreements between the Department and proprietors of foster homes do not serve to immunize the proprietor's property from local zoning. County agencies providing child welfare services do not have authority to lease real property for foster home use. The Department may assert its immunity from local zoning for property it acquires a possessory interest in by virtue of a sublease pursuant to sec. 48.52(2), Stats. Property leased by the Department pursuant to sec. 48.52(2), Stats., is not rendered ex
Juvenile detention homes
Section 48.31, Stats., provides counties with express authority to establish and operate juvenile detention homes and shelter care facilities. Detention homes and shelter care facilities established and operated pursuant to sec. 48.31, Stats., do not require a ch. 48 license from the Department of Health and Social Services. Counties may lease property for detention home or shelter care use. 66-50
PUBLIC WELFARE, DEPARTMENT OF
Purchases
The provisions of ch. 16, subch. IV, Stats., applying to state purchases do not apply to the purchase of materials, supplies, equipment and other personal property and contractual services made by the Division of Vocational Rehabilitation for clients under rehabilitation plans. 64-4
PUBLIC WORKS
See also BIDS AND BIDDERS; TOWNS; COUNTIES; ETC.
Bids and bidders
County housing authority, in providing housing for the low income and elderly can, by reason of sec. 59.075(4), Stats., utilize "turnkey" construction method without bids. 66-31
Heavy movable diesel engine utilized in county lime quarry is equipment rather than materials or supplies and may be purchased by county board or committee to which board has delegated power if funds have been appropriated without resort to competitive bidding if county has not otherwise required by resolution or ordinance. Secs. 59.08(1), 66.29(1)(c), Stats. 66-198
Contracts
A county has no statutory authority to award contracts only to unionized contractors. Federal preemption rules probably foreclose the exercise of such authority in any event. Further, federal preemption rules foreclose denying contracts to employers engaged in labor disputes. 79-86
Milwaukee County zoo and museum
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
Public contracts
Towns must let "public contracts" pursuant to the competitive bidding procedures of secs. 60.29(1m) and 66.29, Stats. Contracts which are not "public contracts" are not subject to either advertising or competitive bidding procedures. The definition of public contract includes "supplies" and "materials," but does not include "equipment." Police cars need not be purchased by competitive bid under secs. 60.29 and 66.29, Stats., since they are "equipment" and not "supplies [or] material." 66-284
Union or non-union labor
A county has no statutory authority to award contracts only to unionized contractors. Federal preemption rules probably foreclose the exercise of such authority in any event. Further, federal preemption rules foreclose denying contracts to employers engaged in labor disputes. 79-86
PUPILS
See STUDENTS
PURCHASES, BUREAU OF
Vocational Rehabilitation, Division of
