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
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
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R.N.
See NURSES
RACETRACKS
See AUTOMOBILES AND MOTOR VEHICLES; GAMBLING; PUBLIC PROPERTY; WISCONSIN RACING BOARD
RADAR DETECTOR
Prohibit the use and sale of
Proposed legislation to create sec. 347.483, Stats., which would prohibit the use and sale of radar detectors meets due process requirements and is constitutionally sound. Moreover, such a law would not violate the Commerce or Supremacy Clauses of the United States Constitution. 68-256
RADIO
Friends" organizations
Open Meetings and Public Records Laws are not applicable to independently created and independently operated non-stock, non-profit "friends" corporations organized to provide financial and other support to radio and television stations licensed to governmental agencies. 74-38
Law enforcement
Counties and municipalities do not have authority to regulate the interception and rebroadcast of local law enforcement agency radio communications. 64-103
Police and emergency use in Burnett County
A sheriff's actions in determining access to a county's law enforcement channel are ministerial in nature. The negligent exercise of that authority could subject the sheriff to liability. 76-7
Public records
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 Op. Att'y Gen. 237 (1952) inconsistent with this opinion is repudiated. 67-12
RADIOACTIVE WASTE REVIEW BOARD
Powers
Only the Radioactive Waste Review Board is authorized to negotiate agreements with the federal government regarding the disposal of high-level nuclear waste and transuranic waste either in a high-level radioactive waste repository or a monitored retrievable storage facility. Local units of government may apply for grants to provide funds to support information and education efforts related to potential negotiation for those sites. Those applications must be reviewed and commented upon by the Radioactive Waste Review Board. 80-308
RAFFLES
See LOTTERIES
RAILROADS
Abandoned right of ways
The Department of Natural Resources is not governed by section 190.08, Stats., relating to the duty of corporations to maintain bridges and other structures, where the Department of Natural Resources has acquired abandoned railroad property for the purpose of developing hiking and biking trails. 77-106
Drug testing of engineers
Federal legislation has explicitly preempted the field of rail safety and not conferred authority on state or local law enforcement officials to conduct drug tests of locomotive engineers involved in grade crossing accidents in Wisconsin. However, this legislation does not preempt state regulation of drugs and narcotics. Thus, state or local law enforcement officials acting pursuant to their authority to enforce the state's general criminal statutes may conduct drug tests of locomotive engineers provided that the testing comports with the fourth amendment. 81-78
Mineral rights
Section 192.71, Stats., does not give the State a beneficial ownership interest in mineral estates reserved by railroad corporations from lands received from the public domain to aid in the construction of railroads under federal land grants of 1856 and 1864. 69-204
Public officials
Article XIII, section 11 of the Wisconsin Constitution does not prohibit bona fide tours of railroad facilities conducted by rail. 79-137
RATTLESNAKES
See BOUNTIES
REAL ESTATE
Abstracts"
Although Register of Deeds can utilize microfilm and photocopies with county board approval, use of a photocopy of writs of attachments and certificates of sale of real estate would not, even with index, be a substitute for the separate indexed book or register of "abstracts" of such documents required by sec. 59.54, Stats. 67-114
Assessments
Section 70.325, Stats., violates article VIII, section 1 of the Wisconsin Constitution. 77-128
Brokers
A person who for a fee files applications for others in federal mineral lottery with respect to securing oil or mining lease rights on federal lands, and who for further fee offers to negotiate with lease brokers for sale of such rights, is required to be licensed as a real estate broker if such leases constitute an interest in real estate in state where located. (Unpub.). 107-1977
County
A county may acquire real estate owned by a private fair association without referendum where it does not intend to conduct county fairs or exhibitions on such property itself. (Unpub.). 4-1975
Subsections (5), (6) and (7) of section 75.35, Stats., created by 1987 Wisconsin Act 27 first apply to sales of property the county acquired at a section 74.39 tax sale on or after the effective date of section 3203(47)(c) of 1987 Wisconsin Act 27. 77-133
County Board Supervisor selling real estate to county
