The state and its agencies are not "principals" under section 13.62(12), Stats. 77-126
Local governmental zoning regulations
Under sec. 13.48(13), Stats., the State is subject to local governmental zoning regulations when remodeling a newly acquired or leased facility. 67-251
Mall-Capitol Concourse
State property is not subject to assessment of special charges under sec. 66.60(16), Stats., for maintenance of State Street Mall-Capitol Concourse project as proposed by the City of Madison. Section 66.64, Stats., is limited to special assessments for improvements. 69-269
Navigable stream
In order to obtain a conviction for violation sec. 30.195, Stats., the State must show that the defendant changed the course of a navigable stream and that no permit to change the stream's course had been granted to the defendant. The State need not show that the changed portion of the stream was navigable, nor a specific intent to change the stream's course. 67-265
Pedestrian mall
The expenses incurred by a city in converting a vehicular traffic street to a pedestrian mall may be assessed against the State as an abutter under sec. 66.64, Stats., and the assessment paid if approved by the Board of Commissioners of Public Lands. (Unpub.). 45-1975
Public debt
The state may not contract public debt to finance its contribution to the proposed Great Lakes Protection Fund because the projects intended to be funded are not water improvements within the meaning of article VIII section 7(2)(a)1. of the Wisconsin Constitution. 78-100
Purchase of all goods and services
Enactment of secs. 58 and 59 of ch. 418, Laws of 1977, placed the responsibility for the purchase of all goods and services used by state government with the Department of Administration. The purchase of all goods and services by the Department of Administration is made pursuant to subch. IV of ch. 16, Stats. 64 OAG 4 (1975) is no longer applicable. (Unpub.). 83-1979
Real estate investments
The State of Wisconsin Investment Board lacks the authority to borrow money and secure that debt utilizing real estate owned by it as an asset of the fixed retirement trust. Such board does have the authority to acquire encumbered real estate where the debt is assumed without recourse. 78-189
Reimbursement of state employes
The reimbursement rate payable by state employes for personal use of state automobiles is the rate set forth in the Uniform Travel Schedule for state reimbursement of state employes for business use of personal automobiles when a state owned automobile is not available. (Unpub.). 63-1982
Rental unit energy efficiency statute
The rental unit energy efficiency statute, section 101.122, Stats., applies to the state. 76-207
Sovereignty
Mandatory assessment against "all insurers" which subsidizes Health Insurance Risk-Sharing Plan, subchapter II of chapter 619, Stats., does not apply to the state's self-insurance plan because laws of general application do not apply to the sovereign. "Public employer" self-insurance plans are also exempt because, for purposes of this statute, they share in the state's sovereignty and, thus, in its immunity to general laws. 77-230
Supremacy Clause of U.S. Constitution in relation to state regulation of shipping
State regulation prohibiting single-hulled barges and requiring double-hulled barges on the Mississippi River adjacent to Wisconsin would violate the Supremacy Clause of the United States Constitution. 75-176
Taxation
The nonagricultural lands at the Northern Center for the Developmentally Disabled and other similar institutions are not subject to taxation for school purposes under sec. 70.114, Stats. (Unpub.). 110-1977
Tort liability
Chapter 441, Laws of 1977, relating to agreements that would limit tort liability, does not apply to the State. (Unpub.). 16-1979
Uniform Travel Schedule
The reimbursement rate payable by state employes for personal use of state automobiles is the rate set forth in the Uniform Travel Schedule for state reimbursement of state employes for business use of personal automobiles when a state owned automobile is not available. (Unpub.). 63-1982
Zoning ordinances, local
The Department of Natural Resources (DNR) is not subject to local zoning ordinances with respect to its construction of any building, structure or facility whose purpose is to assure the general public access to outdoor recreational areas, rather than to facilitate the internal operations of DNR as a state agency. 81-56
STATE AGENCIES
See Specific agencies by name
STATE AID
Chronic renal disease program
Responsibility for administration of chronic renal disease program under sec. 49.48, Stats., discussed. (Unpub.). 10-1978
Driver education programs in schools
A school district and a cooperative educational service agency may not, without legislative authority, contract with a private driving school and receive state aid for pupil driving instruction services performed by such driving school. 76-26
Federal surplus property
Federally recognized Indian tribal councils are eligible under the state program for the distribution of federal surplus property to public agencies under P. L. 94-219. (Unpub.). 61-1979
Health and Social Services, Department of
The Department of Health and Social Services may not reimburse counties for administrative costs incurred in providing temporary assistance to state dependents. 70-17
Private schools
1979 Assembly Bill 227, which if enacted into law would require school boards to purchase textbooks and loan them without charge to pupils of public and private schools within the district, does not violate the United States or Wisconsin Constitution. 68-287
Religion
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
Schools and school districts
Section 121.17(1)(a), Stats., vests discretion in the State Superintendent to withhold state aid from a school district operating under ch. 119, Stats., if the "scope and character of the work" in such district are not maintained because of failure to comply with the 180-day requirement of sec. 121.02(1)(h), Stats. Section 121.17(3), Stats., requires the withholding of state aid from such a school district only if, in the absence of extenuating circumstances set forth in that statutory provision, it fails to employ and pay qualified teachers during the full school session established by the board of school directors. 66-155
School districts may obtain adjustments in state aid payments whether their equalized valuation is changed either as a result of a reassessment of or a finding of exemption of manufacturing property. A final order or decision of the Tax Appeals Commission or a final order or judgment of a court can be a final redetermination under the Act. A decision of the Board of Assessors is not sufficient to support a request for adjustment in state aid. 73-119
Vocational, Technical and Adult Education, Board of
The Wisconsin Board of Vocational, Technical and Adult Education has authority to adopt a policy which provides for the payment of state aids for the nonreimbursed costs incurred when vocational, technical and adult education districts enter into contracts pursuant to section 38.14(3), Stats., and when the State Board determines that the services provided are not "community services" within the meaning of section 38.28(1m)(a). In order to receive state aids for qualifying contracts, however, fees must be charged which are equivalent to the uniform program and material fees normally charged to district students. 74-67
STATE BAR
Antitrust laws; "state action" exemption
The State Bar of Wisconsin is a state agency created by the constitutional authority of the Supreme Court. The authorized functions of the State Bar may come under the "State Action" exemption to the antitrust laws and the procedures employed by the Unauthorized Practice Committee and the Ethics Committee appear to provide due process but specific opinions in this regard must be given on a case-by-case basis. Volunteer lawyers giving free legal advice in the "Lawyer Hotline" program are agents of the State Bar and are entitled to common law immunity and indemnification under section 895.46(1)(a), Stats. 75-153
Board of Attorneys Professional Responsibilities
The members of the Board of Attorneys Professional Responsibility and the members of the Professional Responsibility Committees are officers within the meaning of secs. 895.45 and 895.46, Stats., and are protected by civil immunity when acting within the scope of their office in the absence of malicious, willful and intentional misconduct. (Unpub.). 48-1978
Ethics Committee
The State Bar of Wisconsin is a state agency created by the constitutional authority of the Supreme Court. The authorized functions of the State Bar may come under the "State Action" exemption to the antitrust laws and the procedures employed by the Unauthorized Practice Committee and the Ethics Committee appear to provide due process but specific opinions in this regard must be given on a case-by-case basis. Volunteer lawyers giving free legal advice in the "Lawyer Hotline" program are agents of the State Bar and are entitled to common law immunity and indemnification under section 895.46(1)(a), Stats. 75-153
