Wisconsin Legislature: Bingo

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"

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

Legislature

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

Michigan lottery

Michigan lottery activities in Wisconsin and illegality of, discussed. Ch. 945, Stats. 62-186

Raffle licenses

Provisions of chapter 163 regarding eligibility for raffle license, scope of ticket sales, restrictions on ticket sales and payment of fees or salaries discussed. 75-273

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

Salaries and fee payments prohibited

Provisions of chapter 163 regarding eligibility for raffle license, scope of ticket sales, restrictions on ticket sales and payment of fees or salaries discussed. 75-273

Silent auction"

"Silent auction" is not lottery because element of"prize" not present. 62-122

Soft drink company promotional plan

A plan whereby a soft drink company would include a coupon for a Wisconsin lottery ticket with specified purchases and the customer could redeem the coupon for a lottery ticket at a retail lottery outlet would violate section 100.16. 77-303

Ticket sales discussed

Provisions of chapter 163 regarding eligibility for raffle license, scope of ticket sales, restrictions and ticket sales and payment of fees or salaries discussed. 75-273

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

LOTTERY BOARD