Wisconsin Legislature: Small claims garnishment

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

Legal limitations on the use of the Governor's contingency fund appropriated by sec. 20.525(1)(c), Stats., discussed. 66-43

Lieutenant Governor voting in Legislature

Meaning of "absence" within Wis. Const. art. V, sec. 7, discussed. 68-109

Partial veto