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
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
