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2008 Wisconsin Attorney General Reports and Opinions 1 (2008)

handle is hein.sag/sagwi0005 and id is 1 raw text is: STATE OF WISCONSIN DEPARTMENT OF JUSTICE J.B. VAN HOLLEN 114 East, State Capitol ATTORNEY GENERAL P.O. Box 7857 Madison, WI 53707-7857 Raymond P. Taffora Deputy Attorney General February 14, 2008 OAG-1-08 Mr. Jeffrey B. Fuge Corporation Counsel Polk County 1005 West Main Street, Suite 100 Balsam Lake, WI 54810 Dear Mr. Fuge: You ask whether gifts, grants, and donations to a county human services department created under Wis. Stat, § 46.23 may be accepted only by the county board of supervisors or instead may be accepted by the human services department itself. In my opinion, because there is no explicit statutory authority for county human services departments to accept such items, the statutory scheme contemplates that gifts, grants, and donations to a county human services department created under Wis. Stat. § 46.23 may be accepted only by the county board of supervisors. STATUTES INVOLVED I. POWERS OF COUNTY BOARD OF SUPERVISORS. Wisconsin Stat. § 51.423 provides in part: (2) From the appropriations under s. 20.435(7)(b) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42, or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40(2) and (9)(b). Each county's required match for the distributions under s. 46.40(2) for a year equals 9.89% of the total of the county's distributions under s. 46.40(2) for that year for which matching funds are required plus the amount the county was required by s. 46.26(2)(c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40(9)(b) for a year equals 9.89% of that county's amounts described in s. 46.40(9)(a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of

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