Election campaign reports
Those provisions of state law relating to campaign financing which conflict with the federal Election Campaign Act are invalid. The Secretary of State must retain and make available for public inspection, not later than the end of the day of receipt, the federal election campaign reports and statements required to be filed with him. The Elections Board cannot be designated as the agent of the Secretary of State for purposes of compliance by this State with the federal law. (Unpub.). 24-1977
Lobbying Law
The Secretary of State may promulgate rules and forms to aid in the administration of the Lobbying Law. However, a substantial portion of the rules proposed on April 30, 1975, would be invalid if adopted since they exceed bounds of correct interpretation of the relevant statutes and impose substantive requirements in excess of statutory authority. 64-49
Uniform Commercial Code
Changes in the Uniform Commercial Code filing procedures brought about by the amendments to secs. 409.401(1)(c) and 409.403(1), Stats., by ch. 215, Laws of 1973, discussed. 63-439
SECURITY GUARDS
See POLICE
SECURITIES LAW
Investment Board, Wisconsin
Section 25.18(1)(i) and (j), Stats., which permits the State of Wisconsin In vestment Board to lend securities to dealers, is constitutional. (Unpub.). 120-1979
Margin account agreement
Section 138.05(1), Stats., operates to limit the interest rate which a securities broker-dealer may charge to a noncorporate customer under a margin account agreement; a choice-of-law provisions in margin account agreement will have the effect of avoiding the applicability of sec. 138.05(1)(a), Stats., to interest charges made under the agreement if and only if the agreement bears a "reasonable relation" to the state of the chosen law. 64-11
SENATE
Elections
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
Vacancy
A vacancy in the office of a state Senator is created under the provisions of art. XIII, sec. 3 and art. XIII, sec. 10, Wis. Const., as implemented by sec. 17.03(5), Stats., upon his conviction of and sentence for any felony punishable by imprisonment in state prison, and no further specific action is required by the state Senate to implement those provisions. 65-264
SENTENCES
See COURTS; CRIMINAL LAW; PRISONS AND PRISONERS
SEWAGE
See WASTE MANAGEMENT
SHARECROPPING
See LABOR
SHARED REVENUE
See APPROPRIATIONS AND EXPENDITURES
SHELTER HOMES
See FOSTER HOMES
SHERIFFS
See also PUBLIC OFFICIALS; LAW ENFORCEMENT
Age Discrimination in Employment Act
County collective bargaining agreement providing for payment of employe contribution to Wisconsin Retirement System only for those deputy sheriffs under age fifty-five violates the federal Age Discrimination in Employment Act. 72-91
Blood or breathalyzer tests for employes
A Sheriff's department may require an officer to take a breathalyzer or blood test if the officer appears to be under the influence of intoxicants or drugs when the officer reports for duty or is on duty. 73-104
Booking arrestees
A sheriff may not refuse to book a person lawfully arrested and brought to the county jail by any state law enforcement agency, regardless of the medical condition of the arrestee, although he may require immediate medical screening pursuant to section 53.38, Stats. A sentencing court that imposes county jail time as a condition of probation may suspend that jail time while the probationer receives hospital care, and a sheriff and county department of human services may cooperate in the billing of medical care provided to county jail prisoners. 77-249
Citizenship
Previous opinion at 65 OAG 273 (1976), to the effect that sec. 66.11 (1), Stats., is unconstitutional to the extent that it requires U.S. citizenship of police officers and deputy sheriffs is withdrawn in light of a United States Supreme Court decision with respect to a similar requirement in New York. 68-61
Civil service selection
County Board under 500,000 not having civil service system for deputy sheriffs can abolish traffic department organized under sec. 83.016, Stats., and with the cooperation of the Sheriff, such traffic patrolmen can be appointed deputies in the Sheriff's department without providing for civil service selection under sec. 59.21(8)(cm), Stats. Language in 36 OAG 174 (1947) and 38 OAG 245 (1949) distinguished in view of sec. 59.025, Stats., which was enacted after issuance of those opinions. 71-199
Civil service seniority
A public employe departing a non-elected county position in the sheriff's office to assume the elective county office of sheriff is not entitled to reinstatement to the same or a similar position upon termination of service as such elective officer, in the absence of properly authorized civil service or contractual provisions so providing. 78-19
When section 63.065, Stats., permits a person to return from approved leave of absence to classified service without loss of seniority, the statute means that the person is treated for seniority purposes as though he or she never left the position in classified service. 78-11
Compatibility
In a county having no undersheriff, a person elected and serving as Sheriff vacated office by accepting office of town supervisor during his term but is entitled to compensation paid and can continue to exercise duties of Sheriff until successor is elected or appointed and qualifies. 73-83
Convicted felons
Convicted felons may not serve as sheriffs, deputy sheriffs, patrolmen, policemen, or constables as these law enforcement officers are "public officers" within the meaning of that term in sec. 17.03(5), Stats., and they hold an "office of trust, profit or honor in this state" within the purview of Wis. Const. art. XIII, sec. 3. 65-292
Coroner
The county board of a county with a population less than 500,000 may abolish the position of undersheriff and transfer all statutory duties and powers of an undersheriff, including those set forth in sec. 59.21(8)(b)1., Stats., to the civil service position of chief deputy sheriff, created under sec. 59.21(8), Stats. The coroner does not exercise the powers and duties of the sheriff, under the authority of sec. 59.34(2), Stats., when there is no sheriff, if the functions, duties, responsibilities and privileges of undersheriff have been properly transferred, pursuant to sec. 59.025(3)(b), (c), Stats., to the position of chief deputy sheriff, which is created and filled, pursuant to sec. 59.21(8), Stats. (Unpub.). 25-1982
The offices of coroner and deputy coroner are incompatible with that of city police officer; and the office of coroner is incompatible with that of assistant chief of a volunteer fire department. 78-49
Costs of juvenile detention
A county board is not statutorily obligated to charge costs incurred as a result of court-ordered placement in a secure juvenile detention facility to the budget of the county social service department rather than to the budget of the sheriff's department. A sheriff is statutorily obligated to comply with an order of the juvenile court commanding the sheriff to transport a juvenile to or from a secure detention facility. Section 302.34, Stats., is not applicable to a county that has both a county jail and a cooperative agreement with another county for the provision of secure juvenile detention facilities. 79-8
Counties
County, with cooperation of Sheriff and County Board, may join with other counties to share services of deputy sheriffs in narcotics investigations within limits of secs. 59.24(2), 66.305, 66.315, Stats. 63-596
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
Leave without pay for a deputy who has been elected to a county or state office must be granted. Applicable statutes discussed. 68-124
Making citizenship a prerequisite for deputy sheriff position violates Fourteenth Amendment. 65-273
The County Board may require the appointment of regularly employed deputies to be in accordance with the pertinent civil service ordinance. The county board may fix the number and the compensation, if any, of all deputy sheriffs, whether regularly employed or honorary deputies. Notwithstanding the number fixed by ordinance, the Sheriff retains the power to call a posse comitatus pursuant to sec. 59.24(1), Stats. 68-334
The Menominee County Sheriff's Department and the Menominee tribal police may carry out a program of cross-deputization. Menominee tribal police must meet the statutory and constitutional requirements for appointment as deputy sheriffs. (Unpub.). 93-1979
