Attorney General Josh Kaul issued a formal opinion regarding the interplay between Wis. Stat. §§ 82.08 and 84.18, statutes providing for funding for the construction and repair of bridges.
The letter requesting the opinion can be found here.
Attorney General Formal Opinions
Monday, August 22, 2022
Attorney General Josh Kaul issued a formal opinion about the authority of the State of Wisconsin Investment Board to issue debt under chapter 25 of the Wisconsin Statutes.
The letter requesting the opinion can be found here.
Thursday, June 2, 2022
Attorney General Josh Kaul issued a formal opinion about the applicability of certain provisions in chapters 111 and 233 of the Wisconsin Statutes to the Authority regarding its power to collectively bargain with the nurses it employs.
The letter requesting the opinion can be found here.
Friday, December 8, 2017
Today, Attorney General Brad Schimel issued an opinion concerning the validity of Wis. Admin. Code s. SPS 361.05(1), as amended by Wis. Admin. Code s. SPS 362.0903. The Department of Safety and Professional Services requested the opinion.
Monday, November 6, 2017
Attorney General Brad Schimel issued a formal opinion today to Governor Scott Walker regarding the State of Wisconsin Group Insurance Board’s authority to offer self-insured group insurance plans to municipal employers. The opinion concerns whether the board has statutory authority to make self-insured plans available to municipal employers. It also addresses whether that authority would violate article VIII, section 3 of the Wisconsin Constitution, which provides that “the credit of the state shall never be given, or loaned, in aid of any individual, association or corporation.”
Attorney General Schimel concluded that the statutes authorize the board to provide the plans. By statute, the board may offer “any group insurance health plan on a self-insured basis.” In turn, the board is expressly authorized to make available to municipal employers “a health care coverage plan through a program offered by the group insurance board.” Attorney General Schimel further concluded that article VIII, section 3 of the Wisconsin Constitution would pose no bar. As interpreted by the Wisconsin Supreme Court, that section relates to the State extending its credit to guarantee a corporation’s debt, not to the provision of services or the administering of programs.
Friday, September 1, 2017
Today, Attorney General Brad Schimel issued a formal opinion to Shawano County Corporation Counsel Tony Kordus concerning whether a county board is legally authorized to appropriate money to a private nonprofit food pantry. Schimel concluded that a county board is not authorized to do so. County boards only have the powers expressly conferred or necessarily implied by statute. The statute governing county boards’ authority with respect to health and human services, Wis. Stat. § 59.53, does not authorize appropriations to nonprofit food pantries and such a power cannot be implied because Wis. Stat. § 59.53 specifically grants authority to appropriate money to other types of nonprofits.
Friday, September 1, 2017
Today, Attorney General Brad Schimel issued a formal opinion to Wisconsin Department of Corrections Secretary Jon E. Litscher regarding Wis. Stat. § 301.46(2m)(am), a statute governing law enforcement bulletins for sex offenders with multiple convictions. The opinion concerns the statute’s triggering language pertaining to sex offense convictions “on 2 or more separate occasions.” When there has been a conviction “on 2 or more separate occasions,” the statute requires an agency releasing a sex offender into the community to send a bulletin to local law enforcement.
Attorney General Schimel concluded that “on 2 or more separate occasions” refers to the number of convictions, including multiple convictions imposed at the same time and based on the same complaint. That interpretation is consistent with the way the Wisconsin Supreme Court has interpreted the “separate occasions” language in an analogous sentencing statute. It also is consistent with the sex offender registration and notification law and its function: to assist law enforcement in protecting the public from offenders that tend to pose greater risks.
Tuesday, May 10, 2016
Attorney General Brad Schimel today issued a formal opinion regarding the application of 2011 Wisconsin Act 21 to the issuance of high capacity groundwater well withdrawal permits by the Wisconsin Department of Natural Resources.
The Attorney General opinion is in response to a request from the Assembly Committee on Organization, which posed the following questions:
- Did the Wisconsin Supreme Court in Lake Beulah Management District v. Department of Natural Resources interpret and apply the requirement in Wis. Stat. § 227.10(2m) that DNR have explicit authority to impose requirements and conditions?
- Are Wis. Stat. §§ 281.11 and 281.12 exceptions to the proscriptions of Wis. Stat. § 227.10(2m) such that DNR may impose monitoring well conditions or require consideration of cumulative impacts for high capacity well permits in the absence of explicit authority under any statute or administrative rule?
- Did the legislature delegate its public trust authority to DNR with sufficient clarity and specificity in the context of the issuances of high capacity groundwater well withdrawals, particularly with respect to: (i) conditions for monitoring wells, (ii) cumulative impact analysis, and (iii) impact analysis on groundwater, other private wells and wetlands?
- Does Wisconsin’s high capacity well regulatory structure set forth at Wis. Stat. §§ 281.34 and 281.35 or related regulations, explicitly require or explicitly permit monitoring wells or cumulative impact analysis as conditions for high capacity well permits?
Below is an excerpt from the introduction of the Attorney General opinion:
I have determined that the Supreme Court did not address the newly passed Act 21 in Lake Beulah Management District v. Department of Natural Resources. Lake Beulah, 335 Wis. 2d 47. I further conclude that neither Wis. Stat. § 281 nor the public trust doctrine give DNR the authority to impose any condition not explicitly allowed in state statute or rule. In addition, no other authority exists which permits DNR to impose the conditions enumerated by the Assembly.
A copy of the full Attorney General opinion is available below:
Thursday, November 12, 2015
Attorney General Brad D. Schimel issued a formal opinion today to Assembly Committee on Organization Chairperson Robin Vos concerning an individual’s right, a police officer’s authority, and a healthcare provider’s duty under the emergency detention statute.
Chairperson Vos had asked for the opinion on issues under the emergency detention statute related to (1) the right of an individual in custody to make his or her own healthcare decisions; (2) the authority of a police officer to make healthcare decisions for an individual in the officer’s custody; and (3) the duty of a health care provider to the individual and public when the officer and county do not proceed with an emergency detention.
Attorney General Schimel concluded that an individual in custody has the right to make decisions regarding his or her own health care subject to certain exceptions. He also concluded that an officer does not have the authority to make healthcare decisions for the individual in custody. And he further concluded that a healthcare provider has a duty to take whatever steps are reasonably necessary to prevent harm to a patient’s self and others.
Tuesday, September 8, 2015
Attorney General Brad Schimel issued a formal opinion concerning long-term care districts. Schimel concluded that the jurisdiction of all long-term care districts is governed by Wis. Stat. § 46.2895(2). Schimel also stated that a long-term care district may not offer care management organization services to a county beyond the district’s jurisdiction and membership, and that every member county of a district must be represented on the district’s governing board.
Friday, January 2, 2015
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Whether a Town May Assess a Fire Protection Special Charge in Absence of a Fire Call, and Whether it May Assess the Special Charge Against a County
Friday, January 2, 2015
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Whether the Department of Corrections May Collect Supervision Fees Before an Offender Has Paid Court-Ordered Restitution in Full
Tuesday, December 30, 2014
Attorney General J.B. Van Hollen Issues Formal Opinion to the Director of State Courts Concerning Statutory Fees for Copies of Court Documents When the Requester Makes Copies Using Personal Technology
Friday, December 19, 2014
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning the Interplay Between a Wisconsin Statute and the General Agreement on Trade in Services
Tuesday, December 16, 2014
Attorney General J.B. Van Hollen Issues Formal Opinion to Waukesha District Attorney Brad Schimel Concerning Whether a City Alder Would Violate the "Private Interest in Public Contract" Statute When City Makes Zoning Decision on Property in Which Alder has a Partial Interest
Tuesday, December 16, 2014
Attorney General J.B. Van Hollen Issues Formal Opinion to Deputy Secretary of the DNR Concerning "Responsible Units" established Under State Waste Management Laws
Tuesday, December 16, 2014
Attorney General J.B. Van Hollen Issues Formal Opinion to Waupaca County Corporation Counsel Jeffrey J. Sierwert Concerning Physician Orders for Life-Sustaining Treatment (POLST) Forms
Wednesday, October 15, 2014
Attorney General J.B. Van Hollen Issues Formal Opinion to Kenosha County Corporation Counsel Concerning a County Executive's Veto Authority to Amend a Line Item Budget Appropriation
Wednesday, October 15, 2014
Attorney General J.B. Van Hollen Issues Formal Opinion to Bill Lueders of the Wisconsin Center for Investigative Journalism Concerning Advance Notification to State and Local Public Officials Before Releasing Records
Wednesday, October 15, 2014
Attorney General J.B. Van Hollen issues Formal Opinion to the Government Accountability Board Concerning the Applicability of Wisconsin's Open Meetings Law to the Activities of Election Canvassing Boards
Thursday, July 10, 2014
Attorney General J.B. Van Hollen Issues Formal Opinion to the Government Accountability Board Concerning Whether the Board Could Release its Confidential Investigative Records to the Legislative Audit Bureau
Thursday, July 10, 2014
Attorney General J.B. Van Hollen Issues Formal Opinion to University of Wisconsin System and Department of Public Instruction Legal Counsel Concerning the "Course Options" Statute as it Relates to Concurrent Enrollment
Friday, May 30, 2014
Attorney General J.B. Van Hollen Issues Formal Opinion to Wisconsin Department of Transportation Concerning Effect of Operating-Under-the-Influence Convictions on License Revocation
Friday, January 24, 2014
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Partition Actions on Local Zoning Regulations and County Authority Requiring Prior Review of Sales or Exchanges of Land Between Adjoining Landowners
Thursday, December 12, 2013
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Milwaukee County Board Confirmations of County Executive Appointments
Wednesday, August 14, 2013
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Certain Activities of a County Executive and Requirements of Department Heads Appointed by a County Executive.
Tuesday, August 13, 2013
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Whether Certain Insurance or the Payment of Insurance Premiums for County Supervisors Is Considered Compensation.
Tuesday, July 30, 2013
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Residential Lease Provisions Requiring Departing Tenants to Pay for Carpet Cleaning
Tuesday, April 30, 2013
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Whether a Deputy Sheriff May Serve as a County Board Supervisor.
Wednesday, April 10, 2013
Attorney General J.B. Van Hollen today issued a formal opinion to Langlade County Corporation Counsel Robin J. Stowe concerning a county’s authority to exchange surplus funds for U.S. gold coins.
Tuesday, April 9, 2013
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning the Authority of County Boards to Contract for the Services of a Private Attorney in Civil Matters
Tuesday, December 11, 2012
Formal Opinion Concerning the Recording of "Land Patents" Created by Private Individuals
Thursday, October 11, 2012
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Restitution Awarded in Civil Forfeiture Prosecution for County Ordinance Violation
Thursday, October 4, 2012
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Issuance of Drivers Licenses to Foreign Nationals with Deferred Action Status
Tuesday, June 12, 2012
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning How Solid Waste Management Departments Are To Be Run In Counties With A County Administrator
Wednesday, December 21, 2011
Attorney General J.B. Van Hollen Issues Informal Opinion Concerning County Nursing Home Operation on Donated Land with Conditions
Tuesday, December 20, 2011
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Proposed Expenditures For Previously Planned City Projects In Connection With Tax Incremental Districts
Monday, December 19, 2011
Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Health Insurance Premiums for County Supervisors
Thursday, November 3, 2011
Attorney General J.B. Van Hollen Issues Formal Opinion: Wisconsin Constitution Requires a Separate Petition for Recall of Governor and Lieutenant Governor
Wednesday, November 2, 2011
Attorney General J.B. Van Hollen Issues Formal Opinion on Power of County Boards to Enact Ordinance Requiring Competitive Bidding for Highway Projects
Wednesday, November 2, 2011
Attorney General J.B. Van Hollen Issues Formal Opinion that County Board May Designate Public Highway as All-Terrain Route to Primarily Benefit Private Organization, Provided that Public Funds are Not Used
Thursday, October 27, 2011
Van Hollen Issues Formal Opinion Addressing Whether a Sitting Member of the County Board of Supervisors Must First Resign Before Being Appointed to the Permanent Position of County Administrative Coordinator
Thursday, April 21, 2011
How a County Should Respond to a Petition for a Referendum to Reduce the Number of County Supervisory Districts
Wednesday, December 22, 2010
Corporation Counsel, Representing the State in Cases Involving Children in Need of Protective Services and Termination of Parental Rights May Not Have Unrestricted Access to WCCA Juvenile Court Case Records
Wednesday, December 22, 2010
Van Hollen Issues Formal Opinion Addressing Conservation Easements on County Forest Lands
Thursday, August 26, 2010
Municipalities May Not Impose on Dwelling Contractors Education or Financial Responsibility Requirements that are Greater than Those Required for Certification in State Law
Monday, August 9, 2010
Direct Impact of Citizens United on Wisconsin Campaign Financing Laws
Monday, August 2, 2010
Corporation Counsel's Discretionary Authority in Initiating Involuntary Commitment Proceedings
Thursday, July 22, 2010
Towns Cannot Require Other Units of Government to Engage in "Coordination," Attorney General Van Hollen Reasons in Formal Opinion
Tuesday, February 16, 2010
Van Hollen Issues Formal Opinion Approving Transmission of Certain Confidential Case Information Between Courts & Law Enforcement
Thursday, January 28, 2010
County Boards May Not Reassign Appointment Powers Statutorily Vested in County Administrators or County Executives, Van Hollen Concludes in Formal Opinion
Wednesday, December 30, 2009
Prosecutors May Not Forgo Filing Charges, Nor Can They Amend or Dismiss Charges, in Exchange for a Defendant's Agreement to Reimburse Law Enforcement for the Costs of an OWI Blood Withdrawal
Wednesday, December 23, 2009
Content of Social Website Maintained by Government Official and Used to Discuss Government Business is Likely a Public Record, AG Concludes in Informal Opinion
Thursday, December 17, 2009
UW-System Student Government Bodies Who Are Assigned Shared Governance Responsibilities Are Subject to Wisconsin Open Meetings Law
Thursday, December 3, 2009
Law Enforcement Agencies May Not Retain Unclaimed Contraband Money for Own Use
Thursday, December 3, 2009
Assistant District Attorneys on Furlough are Entitled to State Representation and Indemnification if They are Carrying out Duties Within the Scope of Their Employment
Wednesday, November 18, 2009
Municipal Courts May Not Charge Separate Fees For Each Issuance of Process in a Single Action
Monday, November 16, 2009
Wis. Stat. § 12.13(5) prohibition against disclosure of certain records and investigative information related to possible violations of state elections, lobbying and ethics law
Monday, November 16, 2009
As a law enforcement agency, a sheriff's department has the ability to fingerprint individuals
Thursday, November 12, 2009
Act 28 Requires Prevailing Wages to be Paid on Certain Public Works Projects Where one Municipality Performs Project for Another Municipality, Changing Current Law Effective January 1, 2010
Wednesday, October 14, 2009
Van Hollen Issues Formal Legal Opinion Affirming the Ability of Counties to Enter Into Intergovernmental Agreements to Furnish Nursing Home Services to Medicaid-Eligible Persons
Monday, September 28, 2009
Van Hollen Issues Informal Opinion on Intergovernmental Taskforce
Monday, July 13, 2009
Attorneys Who Have Had Their Law Licenses Revoked or Suspended For Any Reason Are Not Entitled to Receive Permanent Notary Public Commissions
Wednesday, June 3, 2009
County Executives, Not County Boards, Have Power To Appoint Member Of Public Inland Lake And Rehabilitation District Board Commission
Monday, April 20, 2009
Sheriffs May Not Lend Money To Persons Charged With A Crime So That They Can Make Bail, AG Van Hollen Determines In Formal Opinion
Thursday, March 19, 2009
Wisconsin Technical College System Board May Not Require Sign-Off From School District Collective Bargaining Units When Technical College Districts Enter Into “Articulation” Agreements With School Districts, Attorney General Van Hollen Reasons In Informal Opinion
Thursday, March 19, 2009
Van Hollen Issues Informal Opinion Clarifying Scope Of Open Meetings Law On "Quasi-Governmental" Entities
Tuesday, December 16, 2008
Statutory Changes Allow State Of Wisconsin Investment Board To Make Prudent Investments From Other Than Enumerated List, Van Hollen Reasons In Formal Opinion
Wednesday, October 29, 2008
A.G. Van Hollen Issues Formal Opinion On How 2001 Wisconsin Act 1 Has Impacted Prosecution Of Potential Violations Of Election Laws, Lobby Laws And Ethics Laws
Tuesday, October 14, 2008
Van Hollen Issues Informal Opinion on Laws Addressing Anti-Blocking Ordinances for Trains
Wednesday, October 1, 2008
Inter-Agency Law Enforcement Mutual Assistance Statute Does Not Apply To Tribal Law Enforcement, Van Hollen Reasons In Formal Opinion
Thursday, September 4, 2008
Attorney General Van Hollen Issues Informal Opinion On Arrest Powers Of Private Security Guards
Thursday, September 4, 2008
A.G. Van Hollen Issues Formal Opinion Clarifying Relationship Between County Executive, County Human Services Director, And County Health Officer
Thursday, September 4, 2008
A.G. Issues Informal Opinion On Duty Of County Jail Staff To Comply With Do Not Resuscitate Orders Of Jail Inmates
Thursday, August 7, 2008
Attorney General Van Hollen Issues Formal Opinion Relating To Appointment Of County Auditors and Limitations On A County's Ability To Transfer Functions Of A County Clerk To A Separate Official
Wednesday, July 30, 2008
County May Prohibit One Company From Being Both The Construction Manager And The Contractor On The Same Project
Wednesday, July 30, 2008
Sheriffs May Not Supplement Their Salaries By Retaining Service Of Process Fees
Thursday, April 10, 2008
School Boards May Not Deny Enrollment To Students Based On Their Expulsion From Private Schools Or Out-Of-State Public Schools
Tuesday, April 8, 2008
A Former Judge Whose Judicial Term Has Not Expired May Not Serve On Government Accountability Board
Friday, February 22, 2008
Counties May Enact Carefully Crafted Ordinances To Regulate Aquatic Invasive Species
Thursday, February 14, 2008
How Gifts To County Human Services Departments Are To Be Accepted By Counties
Thursday, February 14, 2008
Various Issues Concerning The Publication Of County Proceedings And The Publication Of County Legal Notices
Thursday, December 20, 2007
State Law Prohibiting School District Transfer Applications Based On Race Of Applicant Violates Federal Constitution's Equal Protection Guarantees
Thursday, October 25, 2007
Illegal Aliens Not Eligible For State Licensing And Credentialing
Thursday, September 27, 2007
Intersection of Federal Medical Privacy Rules and State Laws Providing Access To Records.
Thursday, July 26, 2007
Attorney General Informal Legal Opinion on UW Freshman Admissions Policy
Friday, June 8, 2007
A County Board May Not Appoint Two Persons From Same Town To County Board of Adjustment
Friday, June 8, 2007
A County Board Chairperson May Be Removed From Position By Majority Vote Of County Board
Thursday, May 31, 2007
Effect of US Supreme Court's decision in Gonzales v. Carhart on 1997 Wis. Act 219, Wis Stat 939.62 (partial birth abortion statute)