Wisconsin Physicians Insurance
Commissioner of Insurance may not permit WPS, a nonprofit plan, to be organized into a stock insurance company under ch. 611, Stats. Sections 148.01(1), 148.01(3), 148.03, 148.03(1), 148.03(2), 200.26(4), 201.045, 204.31(3m), and 611.71-611.78, Stats., discussed. 63-48
INSURANCE, COMMISSIONER OF
City council
A city council of a city other than the first class does not have legal authority to obligate the city and authorize the use of city funds for payment of health insurance premiums on policies for the benefit of alderpersons and other elected officials, irrespective of their years of service, who have left office. 70-77
Counties
Liability of self-insured county performing state highway maintenance is not increased by virtue of maintenance contract with State. 69-137
Employe benefit plans
The Commissioner of Insurance lacks the authority to regulate administrators of self-funded or self-insured employe benefit plans under section 3516r of 1991 Wisconsin Act 39 (the budget bill) since such regulation is preempted by ERISA and therefore precluded by section 633.16, Stats., as created by the bill. 80-290
Funeral directors and embalmers
Section 632.41(2), Stats., does not prohibit the naming of a funeral director as beneficiary of a life insurance policy in conjunction with a separate agreement between the insured and the funeral director that the proceeds will be used for funeral and burial expenses. 71-7
Judges
A county's obligation to continue life insurance for those judges who have exercised the sec. 753.07(4), Stats., option does not terminate when the county salary supplements end on July 1, 1980. 69-133
Rejected Risk Plan
The Wisconsin Auto Insurance Plan and Rejected Risk Plan do not constitute unconstitutional delegations of authority and are otherwise constitutional. The boards of these plans are private, independent, ongoing concerns, not state agencies, and members of these boards are not public officers. Questions regarding the plans and boards discussed. 71-127
Rustproofing warranties
Wisconsin law authorizes but does not require the commissioner of insurance to demand periodic reports from an insurer relating to rustproofing warranties it insures. The commissioner has authority to require an insurer to increase the amount of insurance backing a rustproofer's warranties in Wisconsin. Section 100.205, Stats., was not intended to negate the application of general insurance law to rustproofing warranties. 78-113
Wisconsin Auto Insurance Plan
The Wisconsin Auto Insurance Plan and Rejected Risk Plan do not constitute unconstitutional delegations of authority and are otherwise constitutional. The boards of these plans are private, independent, ongoing concerns, not state agencies, and members of these boards are not public officers. Questions regarding the plans and boards discussed. 71-127
INTEREST
Commitment fees
Commitment fees which are bona fide in nature are not a part of interest under sec. 138.05, Stats., although across the board fees imposed without regard for the customer's need or desire for a bona fide commitment are unlikely to meet the lender's burden of showing that the fee represents the reasonable value of services rendered. 69-28
Lenders
Lenders need not comply with the provisions of sec. 138.053, Stats., unless the right to increase the interest rate subsequent to the execution of the contract is conferred by the contract itself. 70-32
Loan fees
Loan fees which relate to the amount borrowed rather than to identifiable expenses incurred as a result of the particular transaction must be considered as interest for purposes of ch. 138, Stats. These loan fees are to be amortized over the contract term of the loan to determine the actual rate and a subsequent voluntary prepayment will not render an otherwise legal rate usurious. These fees must be rebated in accordance with sec. 138.05(2), Stats., when the rate, including such fees, exceeds 10 percent. 65-67
Securities
Section 138.05(1)(a), Stats., operates to limit the interest rate which a securities broker-dealer may charge to a noncorporate customer under a margin account agreement; a choice-of-law provision in margin account agreement will have the effect of avoiding the applicability of sec. 138.05(1)(a), Stats., to interest charges made under the agreement if and only if the agreement bears "a reasonable relation" to the state of the chosen law. 64-11
Veterans
The interest to be set by the Board of Veterans Affairs on loans funded from prepayments on loans funded with general obligation bonds under sec. 45.79(4)(a), Stats., as amended by ch. 155, Laws of 1979, is the rate charged on loans under the most recent general obligation bond issue. (Unpub.). 26-1980
INTERSTATE COMMERCE
Discrimination
Section 36.29(1), Stats., which prohibits investment of University funds in companies which practice or condone discrimination is not an undue burden on interstate commerce, does not improperly interfere with foreign relations and is not impermissibly vague. 67-20
Permit fees
Motor carrier permit fees required by sec. 194.04(4)(a), (b), and (c), Stats., are not in conflict with Interstate Commerce Commission regulations and may be collected. The permit fee required by sec. 194.04(4)(d), Stats., is in conflict with such regulations and may not be collected. 63-206
INTERSTATE COMPACT ON MENTAL HEALTH
Costs of treatment
It would be inadvisable to treat individuals transported across state lines for emergency medical care differently than other individuals when determining whether emergency detention proceedings should be initiated pursuant to section 51.15, Stats. While section 51.15(7) does not authorize contractual agreements with counties outside of Wisconsin, sections 51.75(11), 51.87(3) and 66.30(5) each contain a legal mechanism through which financial or other responsibility for the care and treatment of individuals from such counties may be shared under certain specified circumstances. 78-59
INTOXICATING LIQUORS
See also MALT BEVERAGES
Automobile
Section 346.93, Stats., contains two prohibitions: first, an absolute ban on a minor's possession of intoxicating liquor in a motor vehicle; second, a ban on a minor's possession of any malt beverage in a motor vehicle while any person under 18 years of age is a passenger or present in such motor vehicle. In order for a violation of that second prohibition to occur, a person under the age of 18 years in addition to the violator of the statute must be present in the vehicle. 66-215
Bed and breakfast
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
Carry-out
It is not illegal, under sec. 176.07, Stats., to allow the carry-out of intoxicating liquor from a "Class B" licensed premises between 12 midnight and 8 a.m. if the sale of the liquor occurred before 12 midnight. "Sale" defined. 69-168
Class "B" liquor licensees
Class "B" liquor licensees must be similarly treated by a municipality as to the hours they may be open for sales of liquor. 63-597
Closing time
Legislature has manifested intent that closing hour for premises for which retail Class "B" liquor and beer licenses have been issued in counties having less than 500,000 population advance from 1:00 a.m. to 2:00 a.m. from 1:00 a.m. on the last Sunday in April until 2:00 a.m. on the last Sunday in October of each year. 63-113
Country clubs
Country clubs opening any part of their facilities to the general public lose their eligibility for "country club" liquor or beer licenses issued by the Secretary of the Department of Revenue pursuant to secs. 176.05(4a) and 66.054(23), Stats. 69-248
Drunk driving
See also AUTOMOBILES AND MOTOR VEHICLES
Upon a second or subsequent conviction of drunk driving within five years of a previous conviction for the same offense, the court may not waive, under sec. 345.60, Stats., the revocation of operating privileges by the Division of Motor Vehicles as required by sec. 343.31(1)(b), Stats. 62-31
Franchise sales area statements
Intoxicating liquors; wholesale permitees, franchise sales area statements, price discrimination. Section 176.05(1a)(b), Stats., does not prohibit a wholesaler from selling intoxicating liquor to a retailer located outside the area described in the area statement provided the sale takes place within that area. State law does not prohibit nor does it require a separate charge by wholesaler for delivery of intoxicating liquor to a retailer. 70-258
