Wisconsin Legislature: Real estate transfer fee

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

DEVELOPMENTAL DISABILITIES BOARD

See 51.42/51.437 BOARD

DIRECT REFERENDUM

See ELECTIONS

DISABLED PERSONS

See PUBLIC ASSISTANCE

DISCRIMINATION