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
Lawyer Hotline" Program
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
Unauthorized Practice 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
STATE BUILDING COMMISSION
See BUILDING COMMISSION, STATE
STATE EMERGENCY RESPONSE BOARD
Liability
State Emergency Response Board (SERB) committee members and Local Emergency Planning Committee (LEPC) subcommittee members appointed by a county board are entitled to indemnity for damage liability under section 895.46(1)(a), Stats., and legal representation by the attorney general under section 165.25(6). 81-17
STATE EMPLOYES
See CIVIL SERVICE; PUBLIC OFFICIALS; STATE
STATE FAIR
Bonds
Issuance of general obligation bonds to finance State Fair Park coliseum is authorized by statute and is not violative of the State Constitution. 62-236
Open meeting
The Board of Directors of the Central Wisconsin State Fair Association, which was organized as a county agricultural society under sec. 1460, Stats. (1898), is not a governmental body within sec. 19.82(1), Stats., and is not subject to the Open Meetings Law. (Unpub.). 41-1983
STATE HISTORICAL SOCIETY
See HISTORICAL SOCIETY, STATE
STATE MEDICAL ASSISTANCE PROGRAM
Chiropractic services
Chapter 147, Laws of 1973, amended the State Medical Assistance Program to provide for payment for chiropractic services, including necessary x-rays. Such payment is authorized regardless of whether there are matching federal funds. (Unpub.). 2-1975
STATE OFFICE BUILDING
Parking
It is possible for the State to lease one of its parking facilities to an independent contractor upon a finding that an independent contractor can perform the service of operating and maintaining the parking facility more economically or more efficiently than the civil service system. 62-183
Protective services
Department of Administration has authority to provide protective services in leased buildings. (Unpub.). 84-1976
Restaurant
Subject to certain limitations, the lease of state office building space to a restaurant or other commercial enterprise serving both state employes and the general public is constitutionally permissible. Such leases do not require competitive bidding. 69-121
STATE PARKS
Fees
Fees collected by the Department of Natural Resources for admissions to state parks and forests are subject to sales taxation under sec. 77.52(2)(a)2., Stats. 66-205
Prospecting on state park and forest lands
Department of Natural Resources may grant contracts for mining beneath beds of navigable lakes and waters and licenses for prospecting on state park and forest lands, but it may not grant leases for mining purposes on state park and forest lands. (Unpub.). 58-1976
STATE PATROL
Posse comitatus
A state traffic patrol officer should not except in extreme emergencies be impressed for service as part of a posse comitatus pursuant to sec. 59.24(1), Stats. Where duly impressed he is entitled to workmen's compensation, if injured, from the county or municipality but would not be entitled to regular pay from the State and probably would not be entitled to workmen's compensation from the State. 62-38
Prison riot
Upon appropriate call, state traffic patrol officers may act as peace officers during a prison riot or other disturbance even when this occurs during a strike of prison guards; they may not, however, perform other duties of guards. 68-104
