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
Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. 65-49
Racetrack ownership
Under 1987 Wisconsin Act 354 and section 562.05(3w)(a), Stats., residency for purposes of owning and operating a racetrack does not require fifty-one percent ownership by individuals. Wisconsin Administrative Code section RACE 1.01(9) (1990) is consistent with this legislative intent. 80-124
Teachers
County Board has power to adopt ordinance requiring all county employes, including those employed by the Handicapped Childrens Education Board (HCEB) pursuant to section 115.86(5), Stats., to maintain residence within the county. However, HCEB rather than County Board has power to appoint such personnel and to remove them. Exercise of such power may be limited by civil service ordinance or labor contract. 73-1
Vocational, technical and adult education
A vocational, technical and adult education district which provides apprenticeship training may contract with other districts for payment of the costs of training persons who are residents of the other districts. Such district may not refuse, however, to admit nonresident Wisconsin students to an approved apprenticeship program, because the district of the student's residence fails to reimburse the district providing the instruction, unless the State Board of Vocational, Technical and Adult Education adopts rules sanctioning such refusal. 69-257
Section 38.24(3)(b), Stats., making the district board of a student's district of residence liable for payment of nonresident fees when attending another district VTAE school is not a denial of equal protection. VTAE districts cannot enter into agreements with each other to waive the nonresident tuition provided for in sec. 38.24(3)(b), Stats. 69-139
RESIDENTIAL FACILITIES
See FOSTER HOMES; NURSING HOMES
RESTAURANTS
See HOTELS, BOARDING HOUSES AND RESTAURANTS
RETIREMENT SYSTEMS
Accumulated Sick Leave Conversion Credit
The amendment of section 40.05(4)(bc) by section 276 of 1991 Wisconsin Act 269, after issuance of OAG 7-92, renders such section not in violation of article IV, section 26 of the Wisconsin Constitution.
Changes to the state health insurance program embodied in sections 40.05(4)(bc) and 40.51(10m) are not in violation of the prohibition of article IV, section 26 of the Wisconsin Constitution, given the presumption of constitutionality and the lack of case law showing that all changes in benefits are subject to the prohibition. 81-28
Circuit judge
Milwaukee County Board is not authorized by ch. 405, Laws of 1965, to change the provisions of the Milwaukee County Employes' Retirement System so as to provide a pension payable to circuit court judges based on the salary paid by the State. 62-149
Deputy sheriffs
The Age Discrimination in Employment Act of 1967, as amended, does not invalidate secs. 41.02(23), Stats. (retirement ages under the Public Employes Retirement Law), or 41.11(1), Stats. (mandatory retirement at reaching retirement age), nor the 35 year maximum age requirement for applicants for deputy sheriffs established by the Waukesha County Civil Service Commission. 63-530
Early retirement
The University must bear the full cost of the early retirement payment required by ch. 388, Laws of 1981. (Unpub.). 42-1983
Employe Trust Funds Board
The Employe Trust Funds Board must under section 40.05(2n), Stats., divide post-1990 contribution rate adjustments between employer and employe contributions. An increase in employe contributions based upon such division is not a constitution contract clause violation. The Board lacks the authority to redetermine the unfunded accrued actuarial liability for calendar year 1991 rate setting purposes as an alternative to a contribution increase. 80-101
Employe Trust Funds, Department of
Department of Employe Trust Funds is not authorized to administer supplemental retirement funds established by collective bargaining under sec. 111.70, Stats. (Unpub.). 59-1979
Employe Trust Funds, Public
The specific appeal procedures provided for the Public Employe Trust Funds do not take precedence over the general grant of authority to the Claims Board to hear claims against state agencies, but the Claims Board lacks authority to order payment of the claim from the trust funds. 74-193
Investment earnings
Section 684r of the 1987 budget bill, which limits the distribution from the special performance dividend to only those annuitants receiving a supplemental benefit, does not violate the United States or Wisconsin Constitutions. 76-299
Judges
If sec. 356 of 1977 Senate Bill 720 or the amendment to sec. 356 contained in Senate Amendment 3 to Senate Bill 720 were enacted into law, either would be constitutionally invalid. 67-134
Legislation to increase benefits
Only the portion of 1987 Assembly Bill 265 that increases benefits for persons no longer working for a Wisconsin Retirement System participating employer is subject to the three-fourths vote requirement of article IV, section 26 of the Wisconsin Constitution. The Public Employe Trust Fund constitutes "state funds" as used in article IV, section 26 of the Wisconsin Constitution. 76-224
Military service credit
Constitutionality of 1989 Assembly Bill 565, providing military service credit for State Teachers Retirement System and Milwaukee Teachers Retirement System teachers who retired in 1981, discussed. 79-125
