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
See also FOSTER HOMES
Community living arrangements
A community living arrangement which has a capacity for eight or fewer persons and which meets all other statutory criteria is entitled to locate in any zoning district where single or multi-family residences are a permitted use. Any such community living arrangement which has a capacity of from nine to fifteen persons is entitled to locate in any zoning district where multi-family residences containing more than two families are a permitted use, and is entitled to apply for special zoning permission to locate in any zoning district where single or two family uses are permitted. Such a community living arrangement which has a capacity of more than fifteen persons is entitled to apply for special zoning permission to locate in any zoning district where single or multi-family uses are permitted. A community living arrangement which meets all applicable statutory criteria is not entitled to locate in an exclus
Compensation
County may appropriate money to county housing authority under secs. 59.075, 66.40-66.404, Stats., but such authority is separate body politic and county cannot pay per diem or other compensation to commissioners. See sec. 66.40(5)(b), Stats. 62-303
Counties
Section 59.07(1), Stats., is not sufficiently broad to permit county to furnish housing for elderly and low-income persons where specific statutes provide for furnishing of such housing. 63-297
County funds
A county cannot use county funds and county employes to improve, reconstruct or repair homes of private citizens who do not qualify for aid under ch. 49, Stats., without utilizing a housing authority pursuant to secs. 59.075, 66.40-66.404, Stats. Employes of housing authority are not county employes. 64-106
Development, Department of
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 (Section 8). The Department is not required to obtain local approval prior to participating in the Section 8 program. (Unpub.). 61-1980
Discrimination
The Wisconsin Open Housing Law permits, but does not require, the Department of Industry, Labor and Human Relations to receive and process class action complaints of housing discrimination. 70-250
Discrimination against 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
Double jeopardy
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
Dwelling Code
Liability of local units of government in adopting and enforcing the One- and Two-Family Dwelling code discussed. 69-197
