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If sec. 39.377, Stats., is repealed or amended to change the eligibility guidelines, the State would not be liable under the former guidelines to students who have not yet effectively acted in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
The Wisconsin Higher Education Corporation may provide administrative services to lenders, charge a reasonable fee, and may transfer any excess funds it receives from such fees to the appropriations of the Higher Educational Aids Board, or the State. (Unpub.). 3-1977
LOBBYING
See also LEGISLATION; LEGISLATURE
Director of State Courts
Director of State Courts is required by sec. 13.695, Stats., to file a statement with respect to lobbying since the office is an agency within the definition of agency in sec. 13.62, Stats. (Unpub.). 107-1979
Expenses paid to public official
The lobbying law prohibition against furnishing anything of pecuniary value to state officials includes fair market exchanges unless the fair market exchange is between a principal and a state official and the item or service is available to the general public. A lobbyist cannot sell to or purchase from a state official anything of pecuniary value even if it is also available to the general public under the same terms and conditions. The exception in section 13.625(7), Stats., for the furnishing and receipt of certain expenses applies to officials, employes and candidates who are not state public officials under chapter 19, subchapter III. An organization which employs a lobbyist may not furnish food or drink to a state official who is a member, officer or director of the organization unless it also furnishes those items to the general public. "Available to the general public" discussed. 80-205
Filing of reports and statements
Sections 13.60 through 13.73, Stats., providing for filing by lobbyists of reports and statements concerning expenditures discussed. (Unpub.). 3-1975
First Amendment rights
Certain provisions of Substitute Amendment 1 to 1977 Senate Bill 286, revising subch. III of ch. 13, Stats., the State's Lobbying Law, are incompatible with the rights of Wisconsin citizens to petition the government and to be secure against unreasonable searches and seizures and are therefore probably unconstitutional. The major portion of the bill is constitutional. (Unpub.). 15-1978
In principle, the purposes sought to be accomplished by Assembly Substitute Amendment 3 to 1977 Assembly Bill 93, revising subch. III of ch. 13, Stats., the State's Lobbying Law, are compatible with the rights of Wisconsin citizens to petition the government and to be secure against unreasonable searches and seizures. Some of the means selected to accomplish those purposes may, on their face or as applied, violate citizens' First Amendment rights of petition. 67-85
Law
The lobby law prohibits a state employe from accepting compensation for serving on the board of directors or providing any other service to a principal as defined in section 13.62(12), Stats. 77-160
Public employe
The lobbying law prohibition against furnishing anything of pecuniary value to state officials includes fair market exchanges unless the fair market exchange is between a principal and a state official and the item or service is available to the general public. A lobbyist cannot sell to or purchase from a state official anything of pecuniary value even if it is also available to the general public under the same terms and conditions. The exception in section 13.625(7), Stats., for the furnishing and receipt of certain expenses applies to officials, employes and candidates who are not state public officials under chapter 19, subchapter III. An organization which employs a lobbyist may not furnish food or drink to a state official who is a member, officer or director of the organization unless it also furnishes those items to the general public. "Available to the general public" discussed. 80-205
Section 19.45(12), Stats., is constitutional. 77-184
Secretary of State
The Secretary of State may promulgate rules and forms to aid in the administration of the Lobbying Law. However, a substantial portion of the rules proposed on April 30, 1975, would be invalid if adopted since they exceed bounds of correct interpretation of the relevant statutes and impose substantive requirements in excess of statutory authority. 64-49
State agency
The state and its agencies are not "principals" under section 13.62(12), Stats. 77-126
State official, selling or purchasing
The lobbying law prohibition against furnishing anything of pecuniary value to state officials includes fair market exchanges unless the fair market exchange is between a principal and a state official and the item or service is available to the general public. A lobbyist cannot sell to or purchase from a state official anything of pecuniary value even if it is also available to the general public under the same terms and conditions. The exception in section 13.625(7), Stats., for the furnishing and receipt of certain expenses applies to officials, employes and candidates who are not state public officials under chapter 19, subchapter III. An organization which employs a lobbyist may not furnish food or drink to a state official who is a member, officer or director of the organization unless it also furnishes those items to the general public. "Available to the general public" discussed. 80-205
LOCAL EMERGENCY PLANNING COMMITTEE
Liability
State Emergency Response Board (SERB) committee members and Local Emergency Planning Committee (LEPC) subcommittee members appointed by a county board are entitled to indemnity for damage liability under section 895.46(1)(a), Stats., and legal representation by the attorney general under section 165.25(6). 81-17
LOTTERIES
See also BINGO; CRIMINAL LAW; GAMBLING
Bingo
Bingo games sponsored by church organizations using local cable television facilities to broadcast the program where viewers participate in their homes are in violation of ch. 163, Stats. While bingo games conducted pursuant to ch. 163, Stats., enjoy exemption from the constitutional definition of lottery, bingo games which contravene the provisions of ch. 163, Stats., constitute lotteries in this state. Such lotteries are prosecutable under sec. 163.54 or secs. 945.02(3) and 945.03(4), Stats. The fact that community antenna television is regulated by the Federal Communications Commission does not preclude a prosecution on the grounds of federal preemption. The state criminal standard does not conflict with the federal regulation. 65-80
Businesses offering tickets is violation
The dissemination of out-of-state lottery tickets by business establishments in Wisconsin, with or without a purchase, is a violation of chapter 945, Stats. 75-47
Cable television facilities
Bingo games sponsored by church organizations using local cable television facilities to broadcast the program where viewers participate in their homes are in violation of ch. 163, Stats. While bingo games conducted pursuant to ch. 163, Stats., enjoy exemption from the constitutional definition of lottery, bingo games which contravene the provisions of ch. 163, Stats., constitute lotteries in this state. Such lotteries are prosecutable under sec. 163.54 or secs. 945.02(3) and 945.03(4), Stats. The fact that community antenna television is regulated by the Federal Communications Commission does not preclude a prosecution on the grounds of federal preemption. The state criminal standard does not conflict with the federal regulation. 65-80
Casino type gambling
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
Indian reservations
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
Bingo conducted on Indian reservations by Indian tribes or Indian persons must comply with the Bingo Control Act. 69-22
Las Vegas nights"
