A manufacturer's plan, involving the utilization of funeral directors on a fee basis in the sale of movable concrete burial vaults to consumers for future use and for delivery to a cemetery to be later designated, constitutes use of personal property under a prearranged funeral plan. Accordingly, provision for deposit of funds in account in seller's name would be contrary to sec. 445.125, Stats., which requires trust account. 71-141
Rules
Although sec. 156.03(2)(a), Stats., authorizes the state health officer and the examining council by joint action to make rules governing the business practices of funeral directors and embalmers; such rules, unless specifically exempted therefrom, should be enacted pursuant to the provisions of ch. 227, Stats., or otherwise, they could be subjected to a declaratory judgment proceeding and probably would be declared null and void. 63-154
- G -
GAMBLING
See also BINGO; CRIMINAL LAW; LOTTERIES
Constitutionality
Under article IV, section 24 of the Wisconsin Constitution the Legislature may not authorize any scheme involving prize, chance, and consideration without amending the constitution unless the scheme falls within the bingo, raffle, on-track pari-mutuel or state lottery exceptions to the constitution. 80-53
Indians
If any element of the Oneida tribe television bingo game occurs off the reservation, it is subject to prosecution under Wisconsin criminal law. 80-332
Under the Indian Gaming Regulatory Act, 25 U.S.C.A. §§ 2701-2721 (West Supp. 1989), gambling activities as defined and prohibited in chapter 945, other than lotteries and pari-mutuel on-track wagering, are not permitted by any person within or without Indian country in the State of Wisconsin. This prohibition includes all non-lottery gambling such as casino-type games, gambling machines and other devices. The Legislature can statutorily authorize non-lottery gambling within Indian country. 79-14
Laws regarding gambling will apply on Indian reservations if they prohibit gambling activities entirely, but not if they merely regulate these activities. Most state laws regarding the newly allowed gambling activities of lotteries and parimutuel betting will not apply on Indian Reservations because these activities will no longer be entirely prohibited. 77-24
The State's anti-gambling laws are enforceable against Indians on Indian reservations under the authority of P. L. 280. 72-182
Las Vegas nights"
Games such as "Las Vegas nights" wherein participants must make a payment or donation in order to gamble with play money and then use the play money at the end of the evening to bid on prizes constitute illegal lotteries under Wisconsin law. The law does not exempt benevolent and nonprofit organizations. 70-59
Lottery
Under article IV, section 24 of the Wisconsin Constitution, and chapter 565, Stats., the state lottery board may conduct any lottery game which complies with the ticket language in the constitution and chapter 565. The term "lottery" in the constitution and statutes does not include any other forms of betting, the playing or operation of gambling machines and devices and other forms of gambling defined in chapter 945. The Legislature can statutorily authorize other non-lottery gambling including casino-type games.
Mississippi River
Wisconsin prohibits gambling on the Wisconsin portion of the Mississippi River. An Iowa licensed river boat equipped with casino-type gambling games may be in violation of chapter 945 if it enters Wisconsin water. 79-206
Pari-mutuel enabling legislation
Section 562.057, Stats., which permits simulcasting of races conducted at other racetracks to a racetrack licensed by the Wisconsin Racing Board, does not violate article IV, section 24(5) of the Wisconsin Constitution requiring "on-track" betting. 77-299
Racetracks
Section 562.057, Stats., which permits simulcasting of races conducted at other racetracks to a racetrack licensed by the Wisconsin Racing Board, does not violate article IV, section 24(5) of the Wisconsin Constitution requiring "on-track" betting. 77-299
Riverboats
Wisconsin prohibits gambling on the Wisconsin portion of the Mississippi River. An Iowa licensed river boat equipped with casino-type gambling games may be in violation of chapter 945 if it enters Wisconsin water. 79-206
Simulcasting of races
Section 562.057, Stats., which permits simulcasting of races conducted at other racetracks to a racetrack licensed by the Wisconsin Racing Board, does not violate article IV, section 24(5) of the Wisconsin Constitution requiring "on-track" betting. 77-299
Tavern League of Wisconsin
The Tavern League of Wisconsin is not a "service organization" within the meaning of section 163.90, Stats., so as to be eligible for a raffle license in the State of Wisconsin. 73-114
Video poker machines
The operation of video poker games in Wisconsin, which involve the elements of prize, chance and consideration, constitutes the operation of gambling machines, does not constitute the conduct of an illegal lottery and the Legislature may therefore authorize the operation of video poker games by appropriate repeals or amendments to chapter 945, Stats., should it choose to do so. 79-33
GARNISHMENT
AFDC grants
The recently enacted provisions of section 49.41(2), Stats., which provide that effective April 1, 1988, grants of AFDC may be garnisheed by landlords as provided under section 812.233, conflict with provisions of Title IV-A of the Social Security Act. 77-56
Circuit Court Clerk
In garnishment actions, a clerk of circuit court is not authorized to collect the deposit and disbursement fees set forth in section 814.61(12)(a), Stats., unless the garnishee has paid money into Court and obtained a court order directing the Clerk of Courts to deposit the money in a safe depository. State agencies are not required to pay the fees outlined in section 814.61 (except for the filing fee in section 814.61(1)), nor are they required to pay the fee for filing a garnishment action under section 814.62(1). 73-3
Public employe
A wage garnishment of a public employe under sec. 812.23, Stats., results in a continuing withholding of wages, less allowance specified in sec. 812.18(2), Stats., until the amount demanded in the garnishee complaint, together with disbursements, has been paid. 68-366
Small claims garnishment
Sections 812.04(1) and 814.21(1)(a), Stats., concerning suit tax in small claims garnishment actions, construed as conflicting. Because tax cannot be imposed without clear statutory authority, lower suit tax in sec. 812.04(1), Stats., should be collected. 68-7
State of Wisconsin
The state is immune from suit in any garnishment action not involving a state employe or officer and, with the exception of those cases falling under sections 779.15 and 779.155, Stats., monies held in the state treasury on the account of independent contractors are not available to satisfy the judgment debts owed by them. 77-17
GOOD SAMARITAN
See MEDICAL AID; NATIONAL SKI PATROL
GOVERNOR
Absence of Lieutenant Governor as acting Governor
Meaning of "absence" within Wis. Const. art. V, sec. 7, discussed. 68-109; 66-185
Acting Governor
Lieutenant Governor who becomes Acting Governor may retain Lieutenant Governor's staff. 66-185; 68-109
Appropriation bill
Appropriation bills are subject to partial veto, but in order for legislation to constitute an appropriation there must be found within the bill authority to expend funds and a stipulation as to amount, manner and purpose of such expenditure. (Unpub.). 24-1976
Governor's veto of one digit of a separable part of an appropriation bill constitutes an objection within the meaning of art. V, sec. 10, Wis. Const., and the entire part is returned to the Legislature for reconsideration. 62-238
The Governor may not alter vetoes on a partially approved and partially disapproved appropriation bill once the approved portion of the Act has been delivered to the Secretary of State pursuant to law and the disapproved portion returned to the house of origin. 70-154
Budget Adjustment Act of 1991
The Governor's partial veto of section 1117g of 1991 Wisconsin Act 269 did not result in a complete and workable law. The partial veto, therefore, was invalid. Because the Governor's approval was not necessary for the bill to become law, the invalidity of the partial veto results in the law being enforced as passed by the Legislature. 80-327
Budget Bill
Failure of the Governor to express his objections to several possible partial vetoes of the 1981-82 Budget Bill make any such possible vetoes ineffective. 70-189
CETA
The Governor can designate counties as agencies of the State to contract with nonprofit private agencies to utilize funds to provide public service jobs under Federal Comprehensive Employment and Training Act. 66-15
Contingency fund
