The State Historical Society of Wisconsin is a state agency. The Board of Curators of the Society falls within the coverage of sections 893.82 and 895.46, Stats. The only members of the Board that have to comply with section 19.43 by virtue of their appointment to the Board are the three members nominated by the Governor with the advice and consent of the Senate. 74-54
Historic Sites Foundation, Inc.
The Historic Sites Foundation, Inc., created under the provisions of chapter 181, Stats., by the Board of Curators of the State Historical Society of Wisconsin acting in their individual capacities, is a private corporation and as such is not subject to the requirements of the Open Meetings Law, section 19.81, Stats. 73-53
It was constitutional for the Legislature to extend indemnity and other liability protections to the Corporation and its agents and employes who manage and operate a state-owned circus museum. 75-182
Malt beverages
Under sec. 44.02(5), Stats., the Society may sell fermented malt beverages in the Village Tavern at Stonefield Village. 65-185
HMO
See HEALTH AND SOCIAL SERVICES, DEPARTMENT OF
HOLIDAYS
Schools
There is no statutory requirement that schools be closed on the Mondays succeeding the holidays listed in sec. 115.01(10)(a)1., Stats., when those holidays fall on Sunday. 67-129
HOME RULE
Judges
Municipal Justice files oath and bond with Clerk of Circuit Court who files certified copy of bond with Clerk of Municipality for which Justice was elected. Town Boards, including those authorized to exercise village powers, cannot prohibit conduct the same or similar to that prohibited by chs. 941 to 947, Stats., except as provided in sec. 66.051(1), (2) and (3), Stats., or other express statutes. 66-58
Libraries
Municipal libraries are a matter of paramount local concern as opposed to a statewide concern and are subject to otherwise constitutionally legal legislative enactments under the home-rule provisions of the State Constitution. Acting pursuant to Wis. Const. art. XI, sec. 3, sec. 66.01, Stats., a city or village governing body can change the composition of its municipal library board and can limit powers of such board granted by ch. 43, Stats., where the municipal library is not part of a library system. 70-54
Libraries, fees for users
The Madison Public Library can charge user fees for any services that fall outside of a library's inherent information-providing functions; services that constitute core "library services" must be provided free of charge to the inhabitants of the municipality; a one-dollar fee can be collected for lending duplicate copies of best seller books. 73-86
Milwaukee, City of
The City of Milwaukee cannot terminate a CETA employe's membership in the Retirement System on grounds not in effect by the time membership was attained, except as otherwise expressly provided by the Legislature. (Unpub.). 41-1978
Retirement system
Authority of a state or governmental subdivision to provide a retirement plan in lieu of or supplemental to existing statutory plans discussed. The Milwaukee School Board is authorized by sec. 111.70, Stats., to contract for a retirement system supplementary to the existing statutory system. 67-153
HOMESTEAD
See TAXATION
HOSPITALS
See also PRIVATE CLINICS
Construction
The Department of Health and Social Services through its Board does not have statutory authority to adopt a rule requiring approval of nursing home and hospital construction on the basis of need. 62-153
Excess bed capacity
The National Health Planning and Resources Development Act of 1974 does not preclude the Wisconsin Hospital Rate Review Committee from considering excess bed capacity in determining the reasonableness of a hospital's rate increase. 68-383
Implied Consent Law
The taking of a blood sample pursuant to the Wisconsin Implied Consent Law is not a procedure in connection with the performance of a drug or alcohol abuse prevention function nor is the acquired blood sample itself a patient record. The confidentiality requirements set out in 42 U.S.C. § 290dd-3 and 21 U.S.C. § 1175 have no application to such a procedure. 73-45
Hospitals must comply with request to administer chemical tests including blood tests and report the finding to D.O.T., the law enforcement agency, and the individual involved. Failure to comply and report findings constitute the refusal to aid an officer within the meaning of sec. 946.40, Stats. (1979). 68-209
A law enforcement officer may use physical restraint subject to constitutional limitations, in order to draw a legally justified blood sample. Refusal by a health professional to comply with a law enforcement officer's authorized request to take a blood sample from a person whom the officer has legally restrained by force constitutes the refusal to aid an officer within the meaning of section 946.40, Stats. 74-123
Insurance
The professional health care liability insurance policy for hospitals issued under the Health Care Liability Insurance Plan may include as "persons insured" the named hospital and its nonexcluded employes while acting within the scope of their duties as hospital employes. (Unpub.). 31-1975
Law enforcement
In certain circumstances a peace officer may command a physician, or other medical staff at a hospital or clinic, to gather evidence from a sexual assault victim. 72-107
Racine County
Racine County has the authority to establish a hospital outpatient health facility to train general practitioners. 65-172
Rate Review Committee
Documents in the possession of the Wisconsin Hospital Rate Review Committee are not public records and, therefore, are not subject to right of inspection under sec. 19.21, Stats. The contract creating the Committee does not give the right to compel access to documents in the possession of the staff members of the Hospital Rate Review Program. 71-44
HOTELS, BOARDING HOUSES AND RESTAURANTS
See also PUBLIC HEALTH; BED AND BREAKFAST
Alcohol beverage consumption
An owner of a bed and breakfast establishment who does not hold an alcohol beverages license may personally consume alcohol beverages or serve alcohol beverages at social events held on the premises without violating section 125.09(1), Stats., provided that consumption of alcohol beverages occurs in a portion of the bed and breakfast establishment that is not open to the public or to renters.
Proprietors of a bed and breakfast establishment may solicit and accept voluntary contributions from guests at a social event held on the premises to defray costs of alcohol beverages, but bed and breakfast proprietors who do not hold an alcohol beverages license may not serve alcohol beverages at a social event where alcohol beverages are served only to those who pay an admission fee, without violating section 125.04(1). 80-218
Boarding homes
The Department of Industry, Labor and Human Relations may inspect those parts of boarding homes designed for three or more persons where employes work or those used by the public, but not interiors of private dwellings. It has no authority to license or register boarding homes nor to charge an inspection fee based upon number of beds or rooms. 62-107
Bonds
Hotels, motels and marinas are not permissible "projects" under the definition provided in sec. 66.521(2)(b), Stats. There is no authority under sec. 66.521, Stats., to establish a reserve fund from bond proceeds for payment of principal of and interest on the bonds, except as may be contemplated under the limited circumstances of sec. 66.521(7)(h), Stats. 66-162
Licenses and permits
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
Where a licensed class "B" retailer of fermented malt beverages also conducts a restaurant business on the premises, sec. 66.054(8)(a), Stats., does not operate to permit the licensee to conduct any other business on the premises. 66-176
Liquor license laws
An owner of a bed and breakfast establishment who does not hold an alcohol beverages license may personally consume alcohol beverages or serve alcohol beverages at social events held on the premises without violating section 125.09(1), Stats., provided that consumption of alcohol beverages occurs in a portion of the bed and breakfast establishment that is not open to the public or to renters.
Proprietors of a bed and breakfast establishment may solicit and accept voluntary contributions from guests at a social event held on the premises to defray costs of alcohol beverages, but bed and breakfast proprietors who do not hold an alcohol beverages license may not serve alcohol beverages at a social event where alcohol beverages are served only to those who pay an admission fee, without violating section 125.04(1). 80-218
Shoplifting statute
The temporary detention provision of the shoplifting statute, sec. 943.50, Stats., cannot be used by hotel proprietors to detain guests who take hotel property without authorization. Sections 943.13(1)(b) and 943.21, Stats., do not appear to apply to a hotel guest who overstays the agreed-upon visit without obtaining an extended reservation. Rights of hotel proprietors in such situations discussed. 69-217
HOUSING
