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
The One- and Two-Family Dwelling Code is applicable to additions of any buildings initially constructed after the effective date of the One- and Two-Family Dwelling Code Act and the Department of Industry, Labor and Human Relations can exempt certain dwellings from aspects of Code. 67-191
Funds
Municipal housing authorities are not private depositors. 76-74
Group homes
See Community living arrangements
Multi-family residences
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
Municipal housing authority
Municipal housing authorities are not public depositors under ch. 34, Stats. 76-74
Rental unit energy efficiency statute
The rental unit energy efficiency statute, section 101.122, Stats., applies to the state. 76-207
Turnkey" construction method
County housing authority, in providing housing for the low income and elderly, can, by reason of sec. 59.075(4), Stats., utilize "turnkey" construction methods without bids. 66-31
HUBER LAW
See PRISONS AND PRISONERS
HUMANE SOCIETY
Termination of the life of animals
The termination of the life of animals by injection is not the practice of veterinary medicine. 65-231
HUNTING AND FISHING
See FISH AND GAME
HYGIENE, LABORATORY OF
Blood tests
State Laboratory of Hygiene may charge fees for tests not conducted for local units of government, but it is not required to do so. Sec. 36.25(11)(f), Stats. (Unpub.). 49-1981
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IMPLIED CONSENT LAW
See also AUTOMOBILES AND MOTOR VEHICLES; DRUNK DRIVING
Arrest
A driver of a motor vehicle cannot be asked to take a test to determine alcoholic intoxication pursuant to sec. 343.305(2)(am), Stats., unless there has been a lawful arrest. 67-314
Blood test
Under the Implied Consent Law, sec. 343.305, Stats., hospitals must comply with the request of a law enforcement officer to administer chemical tests including a blood test. This assumes that the driver has not withdrawn his or her consent to submit to that test. Drivers who are unconscious or otherwise incapable of withdrawing their consent are presumed not to have withdrawn it. The refusal of hospitals, physicians, nurses, and other health professionals authorized to withdraw blood to comply with such request constitutes the refusal to aid an officer within the meaning of sec. 946.40, Stats. In complying with the request, the professional incurs no civil or criminal liability, except for any negligence in the course of compliance. The person performing the chemical test must report the findings to the Department of Transportation, the law enforcement agency, and the individual involved. Failure to report
Blood test methods
Methods by which a law enforcement agency may provide two tests for blood alcohol content under sec. 343.305(1), Stats., discussed. The agency is not required to actually own or physically possess the testing devices. 63-119
Confidentiality requirements
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
Municipal court
Section 343.305, Stats., as repealed and recreated by ch. 193, Laws of 1977, does not vest in municipal court the power to conduct hearings to determine the reasonableness of a refusal to submit to chemical tests to determine blood alcohol levels, since a municipal court has only those powers expressly conferred on it by statute, and such statute contains no express language conferring the hearing power above-mentioned on a municipal court. The power of a municipal court to preside over ordinance matters would not include such hearings, since local government lacks authority to enact the provisions of sec. 343.305, Stats., as an ordinance. 67-185
Physical restraint
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
Public Defenders
The State Public Defender, under sec. 977.05(4)(h), Stats., may, if he deems it appropriate to do so, provide legal services to an indigent at a so-called "refusal hearing" conducted pursuant to sec. 343.305(8)(b)1., and 2., Stats., where such indigent, prior to such hearing, has been charged with a criminal offense or offenses based on the same situation as that giving rise to the indigent's refusal to provide a sample of his/her breath, blood or urine pursuant to sec. 343.305(2)(b), Stats. 71-16
