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
See also CIVIL RIGHTS
Adoption agencies
A contract between the Department of Health and Social Services and an association of private adoption agencies does not result in legally prohibited religious discrimination where any religious preferences are limited to the statutory religious matching requirement. (Unpub.). 32-1983
Age Discrimination in Employment Act
County collective bargaining agreement providing for payment of employe contribution to Wisconsin Retirement System only for those deputy sheriffs under age fifty-five violates the federal Age Discrimination in Employment Act. 72-91
Bartenders' licenses
Section 66.054(11), Stats., which permits the issuance of bartenders' licenses to persons of "good moral character" does not automatically preclude issuance to a former offender, especially in light of sec. 111.32(5)(h), Stats., which prohibits discrimination in employment or occupational licensing based upon a criminal conviction (with certain exceptions). 68-202
Children
Counties may adopt and enforce fair housing ordinances under section 66.432, Stats., in municipalities within such counties which already have enacted their own fair housing ordinance. No double jeopardy problem arises if a county and a municipality in the county simultaneously seek to enforce their fair housing ordinances in connection with a single act of discrimination, provided that a violation of one or both of the ordinances is punishable only by a forfeiture. Section 66.432 authorizes cities, villages, towns and counties to prohibit bases of discrimination in addition to those specified in sections 66.432 and 101.22. 74-234
Cities
Cities, counties, and other local governmental entities not being a part of the executive or legislative branches of state government are neither "contracting agencies" of the State within the meaning of sec. 16.765(1), Stats., which requires a nondiscrimination clause in contracts, nor are such entities "subdivisions" of the State within the meaning of sec. 16.755(1), Stats., which empowers the Council on Small and Minority Business to review the extent of small business participation in purchasing by the State and its subdivisions. 68-306
Conviction records
