Liens
State of limitations is no defense to old age assistance liens which survive the repeal of sec. 49.26, Stats. (Unpub.). 75-1976
Old-age-assistance lien foreclosure
Under sec. 49.26, Stats., a county department of social services, by its directors, may make valid conveyance of real estate acquired by the department as a result of old-age-assistance lien foreclosures or transfers in lieu thereof, or as the result of assignments to the department made by the county court in probate or administration proceedings in the estates of old-age-assistance recipients or of out-of-state real property voluntarily transferred to the department. 63-488
Rental unit energy efficiency statute
The rental unit energy efficiency statute, section 101.122, Stats., applies to the state. 76-207
Schools and school districts
Subject to approval of the fiscal board or the city council, a city school district has the authority to sell real and personal property no longer used for school purposes. Under sec. 120.56(2), Stats., money received from such sales must be placed in a sinking fund under the control of the fiscal board to be used for educational purposes. Municipalities may enter into an agreement with a joint school district to provide for the sale or transfer of property being used by the school district for educational purposes. Such agreement may provide for the payment of the purchase price in services, materials or property provided that the value of such purchase price constitutes the fair market value. 66-272
Statute of limitations
Statute of limitations is no defense to old-age-assistance liens which survive the repeal of sec. 49.26, Stats. (Unpub.). 75-1976
Tax sale
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
Taxation
Section 70.325, Stats., violates article VIII, section 1 of the Wisconsin Constitution. 77-128
Tract index system
In a county maintaining a tract index system, the Register of Deeds must enter into the index any deed, mortgage or other instrument recorded in his office which affects title or mentions an indexed tract or any part thereof. 63-254
Transfer fee
Section 77.22, Stats., requires the Register of Deeds to enter the amount of real estate transfer fee paid on the face of the deed. The information on the return is confidential, but this confidential status is qualified by sec. 77.23, Stats., with respect to the Department of Revenue and local assessors. (Unpub.). 25-1976
REAL ESTATE BROKERS
Corporations
A corporation cannot be licensed as a real estate salesperson under ch. 452, Stats. (1979-80), or as revised by ch. 94, Laws of 1981. 71-38
Independent contractor agents
A corporation not licensed as a real estate broker does not violate ch. 452, Stats., if it allows its nonlicensed employes to negotiate for and sign apartment leases of property owned by the corporation. Permitted limits of nonlicensed independent contractor agents discussed. 70-23
Licenses and permits
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
Name changes
Real Estate Examining Board cannot prescribe the name to be used on an application for real estate broker's license. Under sec. 296.36, Stats., the Board should routinely accept name changes of licensed brokers, unless detriment to the public, another professional or the profession is shown. Sex and marital status of the new or renewal license applicant do not justify special procedures or requirements as to names. Use of two names discussed. 66-21
Nonresident
Section 452.11(1), Stats., requiring nonresident real estate brokers to maintain an active place of business and prohibiting them from employing brokers or salespersons in this state, is unconstitutional since it violates the privileges and immunities clause of the United States Constitution. 77-109
REAL ESTATE EXAMINING BOARD
Disciplinary proceedings
Neither secs. 440.20 and 452.10(2), Stats., nor rules of the Department of Regulation and Licensing require the Board to hold hearing where citizen files verified complaint with Board requesting institution of disciplinary proceedings against a licensee. Discretion of Board discussed in light of secs. 440.03, 440.20 and 452.10(2), Stats. (1977), and sections RL 2.01-2.17 Wis. Adm. Code. Where Examining Board utilizes hearing examiner to conduct disciplinary hearing without the presence of a majority of officials who are to render a final decision, hearing examiner has power to entertain a motion to dismiss proceedings. Where denied, it amounts to an interim order and need not be preceded by proposed decision; however, where granted, it must be in form of proposed decision and include findings of fact, conclusions of law and order as required by sec. 227.09(2), Stats. Where disciplinary proceedings are involved, it would
Flood plain zoning status of property
Provisions in Executive Order 67 (1973), with respect to duty of real estate broker to advise prospective purchasers of flood plain zoning status of property, do not constitute new standard but suggest course of action Real Estate Examining Board might take. Action to be taken would depend on facts in each case. 63-236
Incumbent member
Incumbent Real Estate Examining Board member is entitled to hold over in office until his successor is duly appointed and confirmed by the Senate, and Board is without authority to reimburse nominee for expenses incurred in attending meeting during orientation period prior to confirmation under facts stated. 63-192
Subpoena
The Real Estate Examining Board and its members have the power to issue subpoenas. However, the records of the Department of Revenue are not subject to subpoena but are available to the Board under sec. 71.11(44), Stats. (Unpub.). 57-1977
REAPPORTIONMENT
Assemblyperson
The Assembly districts altered as to boundaries and renumbered by 1983 Wisconsin Act 29, became effective July 20, 1983. An Assemblyperson is a constitutional state public officer who must be a resident and elector of the district he or she is chosen to represent. An incumbent Assemblyperson continues to represent the district from which he or she was chosen, as altered as to boundaries and as renumbered. Limitations on in-district travel and mass mailings to constituents discussed. 72-172
Census
Wisconsin Constitution art. IV, sec. 3 requiring legislative reapportionment "after each enumeration made by the authority of the United States" does not require reapportionment after the new federal mid-decade census. 67-81
Counties
Under sec. 59.03(3)(c), Stats., alteration of county supervisory district boundaries between decennial censuses is authorized only where ward boundaries originally relied upon in reapportioning the county have been subsequently altered by incorporation, annexation, detachment or consolidation. 63-544
Effective date
The federal district court apportioned both members and Senatorial districts in its order of June 17, 1982. The effective date of new district lines for purposes of nominations, regular, recall and special elections, mass mailings and in-district travel is June 17, 1982, as to both holdover Senators and incumbents in districts where elections are scheduled in the Fall of 1982. 71-157
Institutional populations
Institutional populations, as well as other populations which may include persons disenfranchised for some reason, are part of the total population included in the 1980 federal decennial census of population and may not be disregarded for congressional or state legislative redistricting purposes. U.S. Const. art. I, sec. 2; Wis. Const. art. IV, sec. 3. Although the Legislature may constitutionally authorize the use of voter population or citizen population for local apportionment purposes, when total population is used for the purpose of equal population redistricting of county supervisory or city aldermanic districts on the basis of the 1980 census population, institutional populations cannot be excluded from the total population count. 70-80
Open meetings
The December 2, 1981, meeting of the Senate Special Committee on Reapportionment was probably held in violation of Wisconsin's Open Meetings of Governmental Bodies Law. 71-63
Residence of County Board supervisor
Where, as a result of the alteration of the County Board supervisory districts, a supervisor's residence is left outside the district he or she represents, the supervisor may continue to represent that district until the expiration of his term. When a city has combined the offices of alderman and county board supervisor where the aldermanic and supervisory boundaries are coterminous, the county board retains its discretion to decide whether to alter the supervisory districts after the city has annexed territory. 76-10
Senator
A State Senator need not resign his or her present seat before filing and running for a newly numbered Senate seat, merely because he or she is presently an incumbent Senator. 71-162
RECORDS
See CONFIDENTIAL REPORTS; COURTS; JUVENILE COURT; MINORS; POLICE; PUBLIC RECORDS; REGISTER IN PROBATE; REGISTER OF DEEDS
