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
BLOOD TESTS
Confidentiality requirements
The taking of a blood sample pursuant to the Wisconsin Implied Consent Law is not a procedure in connection with the performance of a drug or alcohol abuse prevention function nor is the acquired blood sample itself a patient record. The confidentiality requirements set out in 42 U.S.C. § 290dd-3 and 21 U.S.C. § 1175 have no application to such a procedure. 73-45
Implied consent law
Section 343.305, Stats., as repealed and recreated by ch. 193, Laws of 1977, does not vest in municipal courts the power to conduct hearings to determine the reasonableness of a refusal to submit to chemical tests to determine blood alcohol levels, since a municipal court has only those powers expressly conferred on it by statute, and such statute contains no express language conferring the hearing power above-mentioned on a municipal court. The power of a municipal court to preside over ordinance matters would not include such hearings, since local government lacks authority to enact the provisions of sec. 343.305 as an ordinance. 67-185
The taking of a blood sample pursuant to the Wisconsin Implied Consent Law is not a procedure in connection with the performance of a drug or alcohol abuse prevention function nor is the acquired blood sample itself a patient record. The confidentiality requirements set out in 42 U.S.C. § 290dd-3 and 21 U.S.C. § 1175 have no application to such a procedure. 73-45
Public records
Sheriff's radio log, intradepartmental documents kept by sheriff and blood test records of deceased automobile drivers in hands of sheriff are public records subject to inspection and copying under sec. 19.21(2), Stats., and subject to limitations contained in court cases cited which place duty on custodian to withhold disclosure where substantial harmful effect upon the public interest would result. Specific reason for withholding must be given which may be tested by mandamus in the courts. Such records do not appear to be records required by law to be kept by sheriff. Where records are required by law to be kept by sheriff, right of inspection exists under sec. 59.14(1), Stats. That portion of 41 OAG 237 (1952) inconsistent with this opinion is repudiated. 67-12
Sheriff's department; breathalyzer or blood tests
A sheriff's department may require an officer to take a breathalyzer or blood test if the officer appears to be under the influence of intoxicants or drugs when the officer reports for duty or is on duty. 73-104
State Laboratory of Hygiene
The State Laboratory of Hygiene may charge fees for tests not conducted for local units of government, but it is not required to do so. Sec. 36.25(11)(f), Stats. (Unpub.). 49-1981
BOARD ON AGING AND LONG-TERM CARE
Appointments to Board discussed
If individuals who have an interest in or are affiliated with long-term care facilities such as nursing homes are appointed to the Board on Aging and Long-Term Care under section 15.105, Stats., it is strongly recommended in light of recent federal conflict of interest legislation that they be precluded from participating in the appointment of the nursing home ombudsman or the head of any subdivision of the Board and that they refrain from reviewing those ombudsman activities described in 42 U.S.C. § 3027(a)(12) (1989). 79-99
BOATS
Anchoring watercraft
Public rights in navigable streams permit reasonable use of the bottom for purposes of anchoring various types of watercraft while and only so long as a public right is being enjoyed. Anchored watercraft may not be left unattended except by a riparian owner. 63-601
Fees for "recreational boating services"
The delegation of authority to local governments to collect boater fees for miscellaneous "recreational boating services," under sections 30.77(3)(e)1.c. and 33.475, Stats., is unconstitutional. 79-185
Law enforcement
Water safety patrol officers in county patrol, created as a separate agency, do not have to be deputized by sheriff to enforce secs. 30.50-30.80, Stats., Wisconsin's regulation of boating law. 65-169
BONDS
Building trust funds
The authority to utilize building trust funds and general obligation bond revenues is not limited to improvements only upon state-owned lands. However, the expenditures must be for improvement for public purposes of a state-wide concern, and meet other necessary criteria to qualify for such funding. (Unpub.). 38-1977
Clinic
Discussion of what constitutes a "clinic" under sec. 66.521(2)(b)7., Stats. 64-133
General obligation bond revenues
The authority to utilize building trust funds and general obligation bond revenues is not limited to improvements only upon state-owned lands. However, the expenditures must be for improvements for public purposes of a state-wide concern, and meet other necessary criteria to qualify for such funding. (Unpub.). 38-1977
The state may use the proceeds from general obligation bonds to fund an expansion of the Petroleum Environmental Cleanup Fund Award Program. 81-114
Honesty bonds
Blanket honesty bonds for officers and employes under sec. 59.07(2)(d), Stats., must be for definite period and liability for renewals is cumulative for each period and cannot be limited by policy. (Unpub.). 24-1975
Hotels, motels and marinas
Hotels, motels and marinas are not permissible "projects", under the definition provided in sec. 66.521(2)(b), Stats. There is no authority under sec. 66.521, Stats., to establish a reserve fund from bond proceeds for payment of principal of and interest on the bonds, except as may be contemplated under the limited circumstances of sec. 66.521(7)(h), Stats. 66-162
Milwaukee Metropolitan Sewerage District
Legislation is necessary to allow the Milwaukee Metropolitan Sewerage District to borrow up to the limits of its separate indebtedness authorized under Wis. Const. art. XI, sec. 3. (Unpub.). 27-1979
Municipality
As a general rule a municipality may not, without specific authorization, guarantee the financial obligations of a private landfill operator. (Unpub.). 47-1982
