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DRAINAGE DISTRICTS
Powers of
1. The powers of the Drainage District Board are not superseded by the Shoreline Zoning Board of the Department of Natural Resources; however, drainage ditches which are navigable are within the jurisdiction of the Department of Natural Resources pursuant to sec. 144.26(2)(d), Stats. The only specific exemption from the jurisdiction of the Department of Natural Resources regarding navigable waters is that of sec. 30.19(1)(d), Stats., concerning the agricultural uses of land. 2. Although soil conservation districts and drainage districts are created for a different purpose, some activities of both accomplish similar ends; therefore, each district retains control over those activities which it undertakes for the purposes for which it was created. 3. The Department of Natural Resources determines dam regulations for dams on drainage ditches, regardless of the purpose of the dam. 63-355
DRIVERS
See AUTOMOBILES AND MOTOR VEHICLES; IMPLIED CONSENT LAW
DRIVING WHILE INTOXICATED
See DRUNK DRIVING; IMPLIED CONSENT LAW
DRUGS
See also DAIRY, FOOD AND DRUGS; INTOXICATING LIQUORS
Contraceptives
Professional nurse may sell contraceptive articles, including oral contraceptive drugs, under sec. 450.11(5), Stats. 66-158
Controlled substances
Researcher must obtain Controlled Substances Board registration to obtain controlled substances under Wisconsin law even though such substances are exempt under federal law. (Unpub.). 66-1976
County ordinance
Counties may not enact ordinances in conformity with state statutes prohibiting the possession and sale of marijuana. 77-205
Locomotive engineers
Federal legislation has explicitly preempted the field of rail safety and not conferred authority on state or local law enforcement officials to conduct drug tests of locomotive engineers involved in grade crossing accidents in Wisconsin. However, this legislation does not preempt state regulation of drugs and narcotics. Thus, state or local law enforcement officials acting pursuant to their authority to enforce the state's general criminal statutes may conduct drug tests of locomotive engineers provided that the testing comports with the fourth amendment. 81-78
Testing; pre-employment
A municipality's decision to require pre-employment drug testing for prospective employes must balance the need for testing in particular positions against the invasion of personal rights that the search entails, considering all relevant factors. 76-257
Testing locomotive engineers
Federal legislation has explicitly preempted the field of rail safety and not conferred authority on state or local law enforcement officials to conduct drug tests of locomotive engineers involved in grade crossing accidents in Wisconsin. However, this legislation does not preempt state regulation of drugs and narcotics. Thus, state or local law enforcement officials acting pursuant to their authority to enforce the state's general criminal statutes may conduct drug tests of locomotive engineers provided that the testing comports with the fourth amendment. 81-78
Municipal ordinances
Chapter 161, Stats., the Uniform Controlled Substances Act, precludes the enactment of municipal ordinances regulating the sale and possession of such "controlled substances" as marijuana. 63-107
Prescribed drugs
Provisions of ch. 168, Laws of 1975, allow only limited substitution of prescribed drugs through a formulary. 65-137
Prescription drugs
The practice of dispensing drugs, medicines, or other articles by physicians' office personnel permitted by 41 OAG 23 (1952) within the purview of sec. 450.04(3), Stats., is not in violation of sec. 450.04(2), Stats., prohibiting dispensing of such items by persons other than registered pharmacists or registered assistant pharmacists under pharmacist supervision, or in violation of sec. 450.07, Stats., prohibiting the delivering of a prescription drug without a prescription of a practitioner. Long-standing 41 OAG 23 is not modified. Violations of secs. 450.04(2) or 450.07(2), Stats., should be reported to appropriate law enforcement authorities. 63-335
Prisons and prisoners
Preparation of medication by a nurse under direction of a physician is permissible under sec. 450.04(3), Stats. Delivery of such medication to prisoners by jail attendants pursuant to instructions of the physician is permissible under sec. 450.07(2), Stats. 66-178
Rail safety
Federal legislation has explicitly preempted the field of rail safety and not conferred authority on state or local law enforcement officials to conduct drug tests of locomotive engineers involved in grade crossing accidents in Wisconsin. However, this legislation does not preempt state regulation of drugs and narcotics. Thus, state or local law enforcement officials acting pursuant to their authority to enforce the state's general criminal statutes may conduct drug tests of locomotive engineers provided that the testing comports with the fourth amendment. 81-78
Vitamins
Vitamins not intended for use in the diagnosis, cure, investigation, treatment or prevention of diseases are not drugs within the meaning of sec. 450.06, Stats., and may be sold in stores other than pharmacies. 66-137
DRUNK DRIVING
See also IMPLIED CONSENT LAW
Arrest and release
Section 345.24, Stats., does not require the release of a person twelve hours after his arrest for one of the alcohol-related driving offenses specified in that statute if the person's blood-alcohol content still exceeds .05 percent, as long as the person is brought before a court without unreasonable delay. 76-95
Confinement to rehabilitation facility
A repeat OWI offender serving the mandatory term of imprisonment may be confined in a rehabilitation facility if that facility is a "locked" facility under the control and direct authority of the county sheriff and, at a minimum, that facility must satisfy all other characteristics for a jail set forth in the Wisconsin Administrative Code. 79-75
Implied Consent Law
Section 343.305, Stats., the Implied Consent Law, discussed. 62-174
OWI; rehabilitation facility
A repeat OWI offender serving the mandatory term of imprisonment may be confined in a rehabilitation facility if that facility is a "locked" facility under the control and direct authority of the county sheriff and, at a minimum, that facility must satisfy all other characteristics for a jail set forth in the Wisconsin Administrative Code. 79-75
Release after arrest
Section 345.24, Stats., does not require the release of a person twelve hours after his arrest for one of the alcohol-related driving offenses specified in that statute if the person's blood-alcohol content still exceeds .05 percent, as long as the person is brought before a court without unreasonable delay. 76-95
Repeat offenders
A repeat OWI offender serving the mandatory term of imprisonment may be confined in a rehabilitation facility if that facility is a "locked" facility under the control and direct authority of the county sheriff and, at a minimum, that facility must satisfy all other characteristics for a jail set forth in the Wisconsin Administrative Code. 79-75
Second offense
Where a person is charged under sec. 346.63(1), Stats. (operating a vehicle while under the influence of an intoxicant or controlled substance), as a second offense, the charge may not be reduced to a violation as a first offense and the court does not have discretion to sentence under sec. 346.65(2)(a)1., Stats., sentencing for first offense. At trial the burden and verdict requirements of a criminal proceeding apply. It is mandatory that the department treat this as a second offense for purposes of revocation under sec. 343.31(1)(b), Stats. 69-47
DWELLING CODES
See HOUSING

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EASEMENT
See RIGHT OF WAY, PLATS AND PLATTING
EDUCATION
See also PUBLIC INSTRUCTION, SUPERINTENDENT OF; SCHOOLS AND SCHOOL DISTRICTS; STUDENTS; TUITION; UNIVERSITY; VOCATIONAL, TECHNICAL, AND ADULT EDUCATION
Apprentices
Apprentices indentured under ch. 106, Stats., may lawfully be charged tuition at schools in the state vocational, technical and adult education system for related instruction that apprentices must receive as a condition of their apprenticeship. 65-37
A vocational, technical and adult education district which provides apprenticeship training may contract with other districts for payment of the costs of training persons who are residents of the other districts. Such district may not refuse, however, to admit nonresident Wisconsin students to an approved apprenticeship program, because the district of the student's residence fails to reimburse the district providing the instruction, unless the State Board of Vocational, Technical and Adult Education adopts rules sanctioning such refusal. 69-257
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