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
Law enforcement officers may be authorized by court rule to accept surety bonds for, or, under specified circumstances, 10 percent cash deposits of, the amount listed in a misdemeanor bail schedule when an accused cannot be promptly taken before a judge for bail determination. However, such rules may not afford officers discretion as to the amount of form of bail an individual accused must post. 63-241
Trust funds
The State is not required to pay claims on bonds and coupons evidencing public debt issued pursuant to subch. 1 of ch. 18, Stats., once those obligations are six years overdue. Funds which cannot be paid out because of the extinguishment of the debt by reason of the passage of time remain in the building trust fund for the use of long-range building program. 68-320
Vocational and adult education
Section 67.04(2)(a), (b), and (8), Stats., does not authorize the City of Marshfield to utilize its bonding authority to construct a building wholly for use by the Mid-State Vocational Technical and Adult Education District on a leased basis. 71-165
Wisconsin Farmers Fund Program
The Farmers Fund Program, as set out in section 92.32, Stats., does not violate article VIII, sections 3 or 10 of the Wisconsin Constitution, nor are its terms contrary to the Public Purpose Doctrine. 74-25
Wisconsin Health Facilities Authority
The Wisconsin Health Facilities Authority may consent to an amendment of a financing agreement relating to the issuance of bonds, to permit the lease of the facility financed to a for-profit corporation. (Unpub.). 4-1983
The Wisconsin Health Facilities Authority may not issue revenue bonds pursuant to section 231.03(6)(b), Stats., to refinance all of the outstanding indebtedness of a participating health care institution which, in part, is regulated by the Department of Health and Social Services upon proper certification of that Department. (Unpub.). 47-1985
BOUNDARIES
Lot size
For the purpose of determining lot area under the provisions of sec. 236.02(8), Stats.: (1) If a lot abuts a public or private road or street, the total lot size (area) does not include the land extended to the middle of the road or street. (2) An easement of access to a parcel is not to be included in determining the total lot area. (3) A body of navigable water separates a parcel of land as effectively as does a public highway. 66-1
Meandered lake
Methods discussed for establishing or reestablishing an E-W 1/4 line and the center 1/4 corner when the E 1/4 corner falls in a meandered lake. 66-261
Town supervisors
The responsibility of town supervisors, under ch. 90, Stats., is limited to assigning to the occupants of the adjoining lands, the respective share of a division fence which each occupant shall erect and repair, and does not authorize town supervisors to settle boundary disputes. 70-187
Zoning
1. An extraterritorial zoning ordinance may utilize interior section lines. 2. Interim extraterritorial zoning ordinances need not be based on a land use survey. 3. Amendment of interim extraterritorial zoning ordinances discussed. 4. Appeals under an interim extraterritorial zoning ordinance are handled by the city or village. 5. Administration of extraterritorial zoning is by the city or village. 6. The joint extraterritorial zoning committee continues to exist after adoption of the comprehensive extraterritorial zoning ordinance. 67-238
