State statute
Bench warrant issued under sec. 968.09, Stats., may be directed to all law enforcement officers in the state without regard to whether the defendant is charged with violation of a state statute or county ordinance. The form of the warrant should be tailored to meet the form suggested by sec. 968.04(3)(a)7., Stats. 62-208
BETTING
See GAMBLING
BICYCLES
Licensing
Licensing of bicycles, the creation of bicycle courts and the impoundment of bicycles is a matter of statewide concern. Cities and villages cannot exercise such regulation in the absence of express legislative authorization. 66-99
BIDS AND BIDDERS
Architectural services
Section 59.08(1), Stats., does not apply to architectural services. 76-182
Auctions
Land acquired in name of a county by its county highway committee for use as gravel pit can be sold by the county board, when no longer required for highway purposes, at public sale pursuant to sec. 83.08(4), Stats. Public sale must be held on notice, by auction or written bids, with sale to highest qualified bidder. 66-208
County board supervisor and law firm employe
A county board supervisor who is an employe of a law firm which has been hired by a third party to represent it in negotiations with the county board does not violate either section 946.13(1)(a) or (b), Stats., if a supervisor has absolutely nothing to do with the contract either as an attorney or as a supervisor. 75-172
County land
Land acquired in name of a county by its county highway committee for use as gravel pit can be sold by the county board, when no longer required for highway purposes, at public sale pursuant to sec. 83.08(4), Stats. Public sale must be held on notice, by auction or written bids, with sale to highest qualified bidder. 66-208
Diesel engines
Heavy movable diesel engine utilized in county lime quarry is equipment rather than materials or supplies and may be purchased by county board or committee to which board has delegated power if funds have been appropriated without resort to competitive bidding if county has not otherwise required by resolution or ordinance. Secs. 59.08(1), 66.29(1)(c), Stats. 66-198
Erroneous bid
Where a governmental entity determines that an apparent low bidder is entitled to relief from an erroneous bid under sec. 66.29(5), Stats., the bidder should be allowed to correct his bid. Normally, if the bid is otherwise in order and still remains the low bid after the adjustment necessary to correct the mistake, the bid should be accepted. It is questionable whether any actionable claim for damages would survive a determination that a bidder was entitled to relief from his erroneous bid under the provisions of sec. 66.29(5), Stats. 62-144
Housing
County housing authority, in providing housing for the elderly, can, by reason of sec. 59.075(4), Stats., utilize "turnkey" construction method without bids. 66-31
Police cars
Towns must let "public contracts" pursuant to the competitive bidding procedures of secs. 60.29(1m) and 66.29, Stats. Contracts which are not "public contracts" are not subject to either advertising or competitive bidding procedures. The definition of public contract includes "supplies" and "materials," but does not include "equipment." Police cars need not be purchased by competitive bid under secs. 60.29 and 66.29, since they are "equipment" and not "supplies [or] material." 66-284
Preference for Wisconsin businesses
The preference for Wisconsin businesses included in sections 16.75 and 16.855, Stats., applies only when a Wisconsin business and an out-of-state business submit identical, low bids. 74-47
Reevaluation of a bidder
The Department of Transportation may make a reevaluation of a bidder's prior qualification or reject the lowest bid on the ground of irresponsibility of the successful bidder, but, in both instances, notice and an opportunity for hearing on such reevaluation must be given to the contractor. 63-60
Requirements
Municipalities may require bidders to include a list of subcontractors. Counties may reject a proposal for failure to include a complete list, except when omitted subcontractors themselves submitted timely, written bids to the general contractor. 76-29
State contracts
State contracts for the purchase of professional architectural and engineering consulting services must comply with the bidding requirements of sec. 16.75(1), Stats., unless waived by the Governor. 65-251
State office building
Subject to certain limitations, the lease of state office building space to a restaurant or other commercial enterprise serving both state employes and the general public is constitutionally permissible. Such leases do not require competitive bidding. 69-121
Subcontractors
Municipalities may require bidders to include a list of subcontractors. Counties may reject a proposal for failure to include a complete list, except when omitted subcontractors themselves submitted timely, written bids to the general contractors. 76-29
University employe
Section 946.13, Stats., prohibiting private interest in public contracts may impose criminal liability upon the University of Wisconsin employe who in their private capacities deal contractually with the State of Wisconsin to provide services and equipment. (Unpub.). 64-1977
BINGO
See also CRIMINAL LAW; GAMBLING; LOTTERIES
Bingo Control Board
The Bingo Control Board has authority to initiate disciplinary actions against bingo licensees who have violated or have been a party to the violation of ch. 945, Stats., Wisconsin's gambling law, during the conduct of a bingo occasion. (Unpub.). 23-1982
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
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. While bingo games conducted pursuant to ch. 163 enjoy exemption from the constitutional definition of lottery, bingo games which contravene the provisions of ch. 163 constitute lotteries in this state. Such lotteries are prosecutable under sec. 163.54 or secs. 945.02(3) and 945.03(4). 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 federal regulation. 65-80
Charitable organization, membership policies
The loss of tax exempt status for income tax purposes does not necessarily imply that an organization is no longer nonprofit. The Bingo Control Board does not have statutory authority to revoke the bingo license of an otherwise eligible organization because of its membership policies regarding race. 67-255
Disciplinary actions
The Bingo Control Board has authority to initiate disciplinary actions against bingo licensees who have violated or have been a party to the violation of ch. 945, Stats., Wisconsin's gambling law, during the conduct of a bingo occasion. (Unpub.). 23-1982
Indian Reservations
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
Bingo conducted on Indian reservations by Indian tribes or Indian persons must comply with the Bingo Control Act. 69-22
The state may not constitutionally impose the general sales tax, section 77.52, Stats., on reservation sales of cigarettes and bingo admissions by Indian retailers to non-members of the governing tribe. The state may impose the use tax, section 77.53, Stats., on such cigarette sales and, arguably, on sales of bingo admissions. Section 77.53 requires Indian retailers to precollect the use tax. Whether the chapter 77 use tax may be imposed on reservation sales of other types of services to non-Indians depends on the facts of the particular case. Impediments to effective enforcement when the retailer is an Indian tribe or tribal corporation discussed. 74-134
Television
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
BIRTH CONTROL
Contraceptives
Under recent U.S. Supreme Court decisions, subsecs. (2), (3), (4) and (5) of sec. 450.11, Stats., relating to the sale and advertising of contraceptives, are constitutionally infirm. 68-20
Professional nurse may sell contraceptive articles, including oral contraceptive drugs, under sec. 450.11(5), Stats. 66-158
