Driver's license photographs
The administrative rule of the Department of Transportation granting an exemption on religious grounds from the photograph-taking requirement of sections 343.17(2) and 343.14(3), Stats., is violative of the First Amendment, United States Constitution and of Wis. Const. art. I, § 18. 75-115
Education
Wisconsin Constitution art. I, sec. 18, prohibiting the drawing of money from the Treasury for the benefit of religious societies, or religious or theological seminaries is a proscription against using public monies for such purpose. Section 3 of 1977 Assembly Bill 500 which purports to establish a separate fund outside of the State Treasury if enacted would not avoid this prohibition since the public nature of the money is not changed. 67-71
Foster homes
A facility owned and operated by a religious organization is subject to licensure and regulation under ch. 50, Stats., and chapter HSS 3 Wis. Adm. Code, unless the facility is a convent, monastery or similar place where residents are all members of a religious hierarchy living in seclusion and operating under a set of religious vows or rules. The Department of Health and Social Services can constitutionally license and regulate Community Based Residential Facilities (CBRFs) operated by religious organizations not exempt under sec. 50.01(1), Stats., or sec. 50.03(9), Stats. Application of CBRF licensure and regulatory requirements to certain facilities operated by the Salvation Army discussed. 71-112
Nursing homes
Neither Wisconsin nor federal law prohibits a nursing home operated by a bona fide, nonprofit religious organization from giving preference in admission to members of that religion. 70-210
Nursing homes operated by religious or fraternal orders, whose politics restrict admittance thereto to members thereof, are not exempt from the provisions of sec. 146.30, Stats., and rules adopted pursuant thereto, unless they come within the provisions contained in subsec. (12m) of said statute. 63-30
Prayer
University of Wisconsin athletes may not engage in voluntary prayer led by a coach prior to an athletic event, although silent meditation or prayer organized by athletes may be undertaken within certain guidelines. 75-81
Public schools leasing classrooms
The Establishment Clause of the First Amendment to the U.S. Constitution and Wis. Const. art. I, sec. 18, prohibit public schools leasing classrooms from parochial schools in order to provide educational programs for parochial school students. 67-283
Relocation Assistance Act
Religious societies incorporated under ch. 187, Stats., are "persons" within the meaning of the Relocation Assistance Act and are entitled to the benefits of such Act if they otherwise qualify. 63-578
St. Coletta School
St. Coletta School cannot receive public funds because its governing body is chosen by a religious organization and part of its teachings are sectarian. (Unpub.). 10-1977
University buildings
Leasing of University buildings to a religious congregation during nonschool days and hours on a temporary basis while the congregation's existing facility is being renovated and leasing convention space to a church conference would not violate separation of church and state provisions of the First Amendment to United States Constitution and art. I, sec. 18, of the Wisconsin Constitution. 63-374
University of Wisconsin, prayer before football games
University of Wisconsin athletes may not engage in voluntary prayer led by a coach prior to an athletic event, although silent meditation or prayer organized by athletes may be undertaken within certain guidelines. 75-81
RELOCATION ACT
See WISCONSIN ASSISTANCE RELOCATION ACT
RENT
See LANDLORD AND TENANT; LEASES
RESERVATION BOUNDARIES
See INDIANS
RESIDENCE, DOMICILE AND LEGAL SETTLEMENT
Apprentices
Apprentices indentured under ch. 106, Stats., may lawfully be charged tuition at schools in the state vocational, technical and adult education system for related instruction that apprentices must receive as a condition of their apprenticeship. 65-37
Chronic renal disease program
Responsibility for administration of chronic renal disease program under sec. 49.48, Stats., discussed. (Unpub.). 10-1978
Civil service
The residency requirement for classified civil service positions when no similar requirement exists for positions in the unclassified service constitutes a violation of the equal protection clause of the fourteenth amendment to the United States Constitution. 76-45
Definition
The term "legal settlement" as used in sec. 121.77(1), Stats., is interpreted. 65-301
Deputy sheriff
In counties that have imposed no local residency requirement, only deputy sheriffs or undersheriffs appointed pursuant to section 59.21(1), Stats., are required to be county residents at the time of initial employment. 80-119
Deputy sheriff appointed under sec. 59.21(2) and (8)(a), Stats., must be a resident of the State and must, before qualifying and serving, be a resident of the county and must continue to maintain residency therein. 66-315
.42 Board
Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. 65-49
Foster homes
A local zoning ordinance which limits occupation of single family dwellings to one or more persons related by blood, adoption or marriage or not more than two unrelated persons while valid on its face, is unenforceable against a licensed foster home. Said license, whether granted directly or indirectly by the State, is an exercise of the sovereign power of the State and is immune from local zoning regulations. 66-342
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
Jurisdictional relationship between State and Menominee Tribe discussed. 70-36
Involuntary committment
Counties are financially responsible for providing mental health services to residents conditionally released under section 971.17, Stats. 79-181
Law enforcement officers
Sections 62.13(4)(d) and 66.11(1), Stats., making citizenship a prerequisite to becoming a police officer or deputy sheriff violate the Fourteenth Amendment of the United States Constitution when applied to resident aliens. 65-273
Legislator
A candidate for the Legislature need not be a resident of the district which he seeks to represent at the time he files his nomination papers. That portion of 61 OAG 368 (1972) inconsistent herewith is repudiated. 65-159
Marriage license requirements
Wisconsin residents who have not resided in their current county of residence for 30 days prior to application for a marriage license under section 765.05, Stats., must, like nonresidents, apply for a marriage license in the county in which the marriage ceremony will be performed. Persons in military service who are stationed in Wisconsin may obtain marriage licenses in the Wisconsin county in which they reside and Wisconsin residents in the military who are stationed out of state and can show that they intend to remain Wisconsin residents can apply for marriage licenses in their county of residence in Wisconsin. 80-236
Notary Public
Section 137.01(1) and (2), Stats., which requires Wisconsin residency as a condition of appointment as Notary Public in Wisconsin, does not violate the Privileges and Immunities Clause of the Federal Constitution and should be complied with unless and until it is declared invalid by a court of competent jurisdiction in a proper case. 74-221
Protective placements
Under chapter 55, Stats., the definition of residency contained in section 49.01(8g) is to be used for venue purposes and for the purpose of assigning financial liability between counties for the cost of non-emergency services. Although the assignment of financial liability between counties is not contemplated in protective placement proceedings under chapter 55, in such proceedings a court may place an individual through another county's board, but any such placement order is not binding unless that county receives notice and an opportunity to be heard. 76-103
Public health services
