BLOOD TESTS
Confidentiality requirements
The taking of a blood sample pursuant to the Wisconsin Implied Consent Law is not a procedure in connection with the performance of a drug or alcohol abuse prevention function nor is the acquired blood sample itself a patient record. The confidentiality requirements set out in 42 U.S.C. § 290dd-3 and 21 U.S.C. § 1175 have no application to such a procedure. 73-45
Implied consent law
Section 343.305, Stats., as repealed and recreated by ch. 193, Laws of 1977, does not vest in municipal courts the power to conduct hearings to determine the reasonableness of a refusal to submit to chemical tests to determine blood alcohol levels, since a municipal court has only those powers expressly conferred on it by statute, and such statute contains no express language conferring the hearing power above-mentioned on a municipal court. The power of a municipal court to preside over ordinance matters would not include such hearings, since local government lacks authority to enact the provisions of sec. 343.305 as an ordinance. 67-185
The taking of a blood sample pursuant to the Wisconsin Implied Consent Law is not a procedure in connection with the performance of a drug or alcohol abuse prevention function nor is the acquired blood sample itself a patient record. The confidentiality requirements set out in 42 U.S.C. § 290dd-3 and 21 U.S.C. § 1175 have no application to such a procedure. 73-45
Public records
Sheriff's radio log, intradepartmental documents kept by sheriff and blood test records of deceased automobile drivers in hands of sheriff are public records subject to inspection and copying under sec. 19.21(2), Stats., and subject to limitations contained in court cases cited which place duty on custodian to withhold disclosure where substantial harmful effect upon the public interest would result. Specific reason for withholding must be given which may be tested by mandamus in the courts. Such records do not appear to be records required by law to be kept by sheriff. Where records are required by law to be kept by sheriff, right of inspection exists under sec. 59.14(1), Stats. That portion of 41 OAG 237 (1952) inconsistent with this opinion is repudiated. 67-12
Sheriff's department; breathalyzer or blood tests
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
State Laboratory of Hygiene
The State Laboratory of Hygiene may charge fees for tests not conducted for local units of government, but it is not required to do so. Sec. 36.25(11)(f), Stats. (Unpub.). 49-1981
BOARD ON AGING AND LONG-TERM CARE
Appointments to Board discussed
If individuals who have an interest in or are affiliated with long-term care facilities such as nursing homes are appointed to the Board on Aging and Long-Term Care under section 15.105, Stats., it is strongly recommended in light of recent federal conflict of interest legislation that they be precluded from participating in the appointment of the nursing home ombudsman or the head of any subdivision of the Board and that they refrain from reviewing those ombudsman activities described in 42 U.S.C. § 3027(a)(12) (1989). 79-99
BOATS
Anchoring watercraft
Public rights in navigable streams permit reasonable use of the bottom for purposes of anchoring various types of watercraft while and only so long as a public right is being enjoyed. Anchored watercraft may not be left unattended except by a riparian owner. 63-601
Fees for "recreational boating services"
The delegation of authority to local governments to collect boater fees for miscellaneous "recreational boating services," under sections 30.77(3)(e)1.c. and 33.475, Stats., is unconstitutional. 79-185
Law enforcement
Water safety patrol officers in county patrol, created as a separate agency, do not have to be deputized by sheriff to enforce secs. 30.50-30.80, Stats., Wisconsin's regulation of boating law. 65-169
BONDS
Building trust funds
The authority to utilize building trust funds and general obligation bond revenues is not limited to improvements only upon state-owned lands. However, the expenditures must be for improvement for public purposes of a state-wide concern, and meet other necessary criteria to qualify for such funding. (Unpub.). 38-1977
Clinic
Discussion of what constitutes a "clinic" under sec. 66.521(2)(b)7., Stats. 64-133
General obligation bond revenues
The authority to utilize building trust funds and general obligation bond revenues is not limited to improvements only upon state-owned lands. However, the expenditures must be for improvements for public purposes of a state-wide concern, and meet other necessary criteria to qualify for such funding. (Unpub.). 38-1977
The state may use the proceeds from general obligation bonds to fund an expansion of the Petroleum Environmental Cleanup Fund Award Program. 81-114
Honesty bonds
Blanket honesty bonds for officers and employes under sec. 59.07(2)(d), Stats., must be for definite period and liability for renewals is cumulative for each period and cannot be limited by policy. (Unpub.). 24-1975
Hotels, motels and marinas
Hotels, motels and marinas are not permissible "projects", under the definition provided in sec. 66.521(2)(b), Stats. There is no authority under sec. 66.521, Stats., to establish a reserve fund from bond proceeds for payment of principal of and interest on the bonds, except as may be contemplated under the limited circumstances of sec. 66.521(7)(h), Stats. 66-162
Milwaukee Metropolitan Sewerage District
Legislation is necessary to allow the Milwaukee Metropolitan Sewerage District to borrow up to the limits of its separate indebtedness authorized under Wis. Const. art. XI, sec. 3. (Unpub.). 27-1979
Municipality
As a general rule a municipality may not, without specific authorization, guarantee the financial obligations of a private landfill operator. (Unpub.). 47-1982
Oath, filing of
Municipal justice files oath and bond with clerk of circuit court who files certified copy of bond with clerk of municipality for which justice was elected. Town boards, including those authorized to exercise village powers, cannot prohibit conduct the same or similar to that prohibited by chs. 941 to 947, except as provided in sec. 66.051(1), (2) and (3), or other express statutes. 66-58
Old age assistance
The general concept of allowing elderly homeowners (age sixty-five or seventy) of low and moderate income to defer repayment of money advanced to them by the state for payment of their property taxes, with such loan being secured by some type of priority lien on the property involved, is constitutional. However, funds for such a program cannot be obtained through general obligation bonding, within the meaning and intent of Wis. Const. art. VIII, sec. 7. The financing of such a program with revenue bonds probably would be constitutional under Wis. Const. art. VIII, secs. 3, 4, 7. (Unpub.). 13-1981
Performance bonds
Section 66.521(11), Stats., as created by ch. 265, Laws of 1973, does not require a municipality to obtain performance bonds for typical industrial revenue bond projects constructed by private industry. 64-169
Petroleum Environmental Cleanup Fund Award
The state may use the proceeds from general obligation bonds to fund an expansion of the Petroleum Environmental Cleanup Fund Award Program. 81-114
Referenda
City may avoid the referendum procedures normally attendant to the issuance of general obligation bonds, by using alternative methods of financing which do not require referenda, such as borrowing on promissory notes under sec. 67.12(12). 69-158
Retail automobile dealership
Industrial development revenue bonding under sec. 66.521, Stats., is not available for a project for a new automobile showroom, warehouse, and repair facility of a retail automobile dealership. 62-141
Sewerage commission
A joint sewerage commission is empowered within the territorial limits of its district to enact and enforce regulations which would be required of it under the mandates of the Clean Water Act of 1977, but it cannot make appropriations or issue bonds without the approval of the governing bodies which established it. 68-83
State Fair
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
Student loan program
Anticipated sale of $75,000,000 of revenue bonds in accordance with subch. II of ch. 18, Stats., and related statutes, for the Guaranteed Student Loan Program will not result in additional public debt to the State of Wisconsin. 67-202
Guaranteed Student Loan Program, Higher Education Aids Board; the legal relationship between the Higher Education Aids Board and the Wisconsin Higher Education Corporation, as affected by various revenue bond agreements, discussed. 72-135
Surety bonds
