A person cannot be charged with intentionally contributing to the delinquency of a minor under sec. 947.15(1)(a), Stats., on the basis of an allegation that the person either harbored a runaway or truant child, aided in the running away, or in some way encouraged the truancy or the running away, because truancy and uncontrollability are not included under the definition of "delinquent" under sec. 48.12(1), Stats. 66-18
University residence halls
The provisions of section 968.075, Stats., apply to roommates living in university residence halls, whether privately or state owned. If the criteria requiring arrest under section 968.075(2) exist, the law enforcement officer must make a custodial arrest. 79-109
Victims
The requirement in section 950.04(1), Stats., of notice to the victim of a defendant's release from custody applies to all felonies charged under chapter 948. Notice is to be given to the victims of all crimes charged under chapter 940, whether misdemeanors or felonies. The notice requirements of the statute apply to individual persons, not business enterprises or corporations. 79-1
Warrantless arrest
A warrantless arrest and detention for bail jumping, section 946.49, Stats., is authorized if probable cause exists that the arrestee violated the contact prohibition in section 968.075(5)(a)1. after being released under chapter 969. 78-177
Witnesses
The requirement in section 950.04(1), Stats., of notice to the victim of a defendant's release from custody applies to all felonies charged under chapter 948. Notice is to be given to the victims of all crimes charged under chapter 940, whether misdemeanors or felonies. The notice requirements of the statute apply to individual persons, not business enterprises or corporations. 79-1
Worthless checks
Police agencies and district attorneys are not prohibited by sec. 427.104(1)(b), Stats., for sending letters threatening criminal prosecution to persons who have issued worthless checks. 63-340
CURATORS, BOARD OF
See HISTORICAL SOCIETY, STATE
- D -
DAIRY, FOOD AND DRUGS
Food preparation
Heating hot dogs is not food preparation. Use of dry ice is not wet storage. (Unpub.). 70-1978
Honey
Person who extracts honey for purpose of preparing it for sale is subject to a licensing requirement of sec. 97.28, Stats., unless honey is sold on retail basis only at a fixed place of business. 65-269
Milk marketing order
When the Department of Agriculture is presented with a petition for the adoption of a proposed milk marketing order under sec. 96.21, Stats., it is required to submit the proposed order to a public hearing under secs. 96.04 and 96.05, Stats. Marketing orders adopted under sec. 96.21, Stats., are subject to referendum or assent approval by milk producers. The Secretary of the Department, rather than the board, has the authority and responsibility to administer marketing orders pursuant to ch. 96 and sec. 96.21(3), Stats. Administration of ch. 96, Stats., discussed. 64-198
Restaurants
Discussion of coverage of licensing requirements for restaurants under sec. 50.50(3), Stats., in light of amendments to sec. 97.28, Stats., regarding the licensing of delicatessen operations. (Unpub.). 85-1977
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
Wet storage
Heating hot dogs is not food preparation. Use of dry ice is not wet storage. (Unpub.). 70-1978
DEEDS
See also REGISTER OF DEEDS
Abstracts"
Although Register of Deeds can utilize microfilm and photocopies with County Board approval, use of a photocopy of writs of attachments and certificates of sale of real estate would not, even with index, be a substitute for the separate indexed book or register of "abstracts" of such documents required by sec. 59.54, Stats. 67-114
Forest Crop Law
A county Register of Deeds must record Department of Natural Resources' orders under the Forest Croplands Program, sec. 77.02(3), Stats., and the Woodland Tax Law, sec. 77.16(3), Stats., notwithstanding sec. 59.57(12), Stats., which requires that recording fees be paid in advance of recordation. 66-246
Real estate transfer fee
Section 77.22, Stats., requires the Register of Deeds to enter the amount of real estate transfer fee paid on the face of the deed. The information on the return is confidential, but this confidential status is qualified by sec. 77.23, Stats., with respect to the Department of Revenue and local assessors. (Unpub.). 25-1976
DEFENDANT
Evidence Rule
Under new Evidence Rule 906.09, defendant may not be cross-examined about prior convictions until the Court has ruled in proceedings under Rule 901.04 that such convictions are admissible. Nature of former convictions may now be proved under the new rule. Defendant has burden of proof to establish that a former conviction is inadmissible to impeach him because obtained in violation of his right to counsel, under Loper v. Beto, 405 U.S. 473. Rule of Loper v. Beto, 405 U.S. 473, does not apply to claimed denial of constitutional rights other than the right to counsel, although the conviction would be inadmissible for impeachment if it had been reversed on appeal, whether on constitutional or other grounds, or vacated on collateral attack. 63-424
DEFERRED COMPENSATION BOARD
Alternative or supplemental plans
Section 40.80(2m), Stats. (as created by 1989 Wisconsin Act 31), requires the Deferred Compensation Board to establish administrative rules for alternative or supplemental deferred compensation plans but does not require that any such plans be offered. 79-168
DELEGATES
See ELECTIONS
DENTAL EXAMINERS, BOARD OF
Open meeting
A member of the Dentistry Examining Board has a right to tape record an open meeting of the Board, providing he does so in a manner that does not interfere with such meeting; and the Board cannot lawfully deny such right. A Board member does not have a right to tape record a closed meeting of the Board. 66-318
DENTISTRY
Corporations
Restrictions on business corporations providing medical, legal and dental services discussed. 75-200
Crime victims compensation
Under ch. 949, Stats., DILHR is not authorized to direct payment of expenses incurred by victims of crime for dental, chiropractic, podiatric, or optometric services. (Unpub.). 84-1977
DEPENDENT CHILDREN
See CHILDREN
DEPUTY SHERIFFS
See SHERIFFS
DEVELOPMENT, DEPARTMENT OF
Housing agency
The Department of Development is authorized to act as a public housing agency for the purpose of participating in the federal lower-income housing assistance program set forth in 42 U.S.C. sec. 1437f (Ch. 8). The Department is not required to obtain local approval prior to participating in the Ch. 8 program. (Unpub.). 61-1980
