Public records
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. 73-37
Financial statements required by law to be filed with Department of Transportation in connection with applications for motor vehicle dealers, and motor vehicle salvage dealers' licenses are public records and are subject to inspection and copying under sec. 19.21(2), Stats., subject to limitations contained in court cases cited. 66-302
Raffle license
If they satisfy other conditions under sec. 163.90, Stats., and other raffle requirements, political organizations are eligible for a raffle license because contributions to such organizations are deductible for federal or state income tax purposes within the meaning of the statute. Political subdivisions of the State also are eligible for raffle licenses under the same conditions and for the same reasons. 67-323
To be eligible to obtain a raffle license from the State of Wisconsin, an organization, whether it is tax exempt or not, must qualify as a local organization. If a licensed organization no longer meets the eligibility requirements for licensure during the effective period of the license, such license is subject to revocation or suspension by the Bingo Control Board. 76-115
Real estate broker
A person who for a fee files applications for others in federal mineral lottery with respect to securing oil or mining lease rights on federal lands, and who for further fee offers to negotiate with lease brokers for sale of such rights, is required to be licensed as a real estate broker if such leases constitute an interest in real estate in state where located. (Unpub.). 107-1977
Real Estate Examining Board
Neither secs. 440.20, 452.10(2), Stats., nor rules of the Department of Regulation and Licensing require the Board to hold hearing where citizen files verified complaint with Board requesting institution of disciplinary proceedings against a licensee. Discretion of Board discussed in light of secs. 440.03, 440.20 and 452.10(2), Stats. (1977), and sections RL 2.01-2.17 Wis. Adm. Code. Where Examining Board utilizes hearing examiner to conduct disciplinary hearing without the presence of a majority of officials who are to render a final decision, hearing examiner has power to entertain a motion to dismiss proceedings. Where denied, it amounts to an interim order and need not be preceded by proposed decision; however, where granted, it must be in form of proposed decision and include findings of fact, conclusions of law and order as required by sec. 227.09(2), Stats. Where disciplinary proceedings are involved
Regulatory and licensing boards
Selection and terms of officers of regulatory and licensing boards discussed. 75-247
Religious organization
A facility owned and operated by a religious organization is subject to licensure and regulation under ch. 50, Stats., and Chapter HSS 3 Wis. Adm. Code, unless the facility is a convent, monastery or similar place where residents are all members of a religious hierarchy living in seclusion and operating under a set of religious vows or rules. The Department of Health and Social Services can constitutionally license and regulate Community Based Residential Facilities (CBRFs) operated by religious organizations not exempt under sec. 50.01(1), Stats., or sec. 50.03(9), Stats. Application of CBRF licensure and regulatory requirements to certain facilities operated by the Salvation Army discussed. 71-112
Residency requirements
Wisconsin residents who have not resided in their current county of residence for 30 days prior to application for a marriage license under section 765.05, Stats., must, like nonresidents, apply for a marriage license in the county in which the marriage ceremony will be performed. Persons in military service who are stationed in Wisconsin may obtain marriage licenses in the Wisconsin county in which they reside and Wisconsin residents in the military who are stationed out of state and can show that they intend to remain Wisconsin residents can apply for marriage licenses in their county of residence in Wisconsin. 80-236
School psychologist
Senate Bill 370 would create a new category of licensure, that of school psychologist. Only those licensed could privately practice school psychology. The definition of school psychology could be by administrative rule promulgated by the Psychology Examining Board. (Unpub.). 98-1977
Surveyors, out-of-state
The Examining Board of Architects, Professional Engineers, Designers and Land Surveyors may not promulgate a rule requiring out-of-state applicants for certification as land surveyors to pass an examination concerning Wisconsin practices and procedures if they possess a valid certification in another state. 76-49
Suspension or revocation
Suspension or revocation of operating privilege under secs. 343.30(1) and (1m), Stats., applies to both the regular driver's license and to the chauffeur's license. 63-40
Tribal liquor license
Tribally owned or operated liquor establishments must comply with state liquor laws, including licensing requirements. Indian tribes are within the coverage of chapter 125, Stats., and any license issued to a tribe counts toward the local quota. 76-80
Veterinarian
The Veterinary Examining Board has authority to establish rules of conduct to regulate certified animal technicians but has no authority to suspend or revoke such certificate for violation of the rules. (Unpub.). 100-1977
The Veterinary Examining Board lacks authority to condition the renewal of licenses upon either reexamination or continuing education. 65-35
LIENS
DILHR
District attorneys may exercise discretion in collecting wages referred by the Department of Industry, Labor and Human Relations, but such discretion must be exercised reasonably. Specific questions concerning collection of wages are discussed including methods of collection, settlements, payment of costs and fees, and enforcement of the statutory lien. 78-171
Old age assistance
Statute of limitations is no defense to old age assistance liens which survive the repeal of sec. 49.26, Stats. (Unpub.). 75-1976
Statute of limitations
Statute of limitations is no defense to old age assistance liens which survive the repeal of sec. 49.26, Stats. (Unpub.). 75-1976
LIEUTENANT GOVERNOR
Acting Governor
Lieutenant Governor who becomes Acting Governor may retain Lieutenant Governor's staff. 66-185
Tie breaking vote cast by Lieutenant Governor Russell Olson on the indefinite postponement of 1979 Senate Bill 5. 68-109
LIQUORS
See INTOXICATING LIQUORS
LOANS
See also BANKS AND BANKING; INTEREST
Farmers
A proposal for a state guarantee of loans to young farmers would violate Wis. Const. art. VIII, sec. 3, and a proposal to utilize the State's bonding power to provide low interest loans to young farmers is not authorized by Wis. Const. art. VIII, sec. 7(1) and (2)(a). 66-9
Home improvement
The recent amendment to sec. 45.80(2)(c), Stats., exempts a weatherization improvement loan supplement from the "maximum primary financing" requirement only in the case of a home purchase loan. Home improvement loans made under sec. 45.76(2)(a), Stats., are therefore not exempt from such requirement. (Unpub.). 52-1980
Interest
Charges imposed on a seller of property as a condition of the granting of a loan to a buyer of the property are includable as part of the interest under sec. 138.05, Stats., to the extent that such charges are passed on by the seller to the buyer. 68-398
Mortgage Subsidy Bond Tax Act of 1980
Certain local governments and public agencies may issue obligations to provide mortgage loans on owner-occupied residences. However, compliance with the Mortgage Subsidy Bond Tax Act of 1980 is necessary to allow exemption of the interest from federal taxation. 71-74
Physicians and surgeons
If sec. 39.377, Stats., is repealed or amended to change the eligibility guidelines, the State would not be liable under the former guidelines to students who have not yet effectively acted in reliance on the statute in setting up their qualifying health care practice in a particular area. 71-203
Student
Change in method of computing special allowance payable on eligible student loans will not result in "materially lower rate of return." (Unpub.). 40-1982
Guaranteed Student Loan Program; Higher Education Aids Board; the legal relationship between the Higher Education Aids Board and the Wisconsin Higher Education Corporation as affected by various revenue bond agreements discussed. 72-135
Veterans
In making housing loans under sec. 45.352, Stats., the Department may rely on fixed standards as to the applicant's needs. When applications on hand exceed available funds, loans should be made to the most needy applicants. 62-66
The Federal Equal Opportunity Act does not apply to the Wisconsin Veterans Loan Program under ch. 45, Stats., since the latter is an assistance program authorized by law for an economically disadvantaged class. 68-101
Wisconsin Higher Education Corporation
Guaranteed Student Loan Program; Higher Education Aids Board; the legal relationship between the Higher Education Aids Board and the Wisconsin Higher Education Corporation as affected by various revenue bond agreements discussed. 72-135
