Amendment ASA1-AB776

AB776-ASA1, s. 35 Section 35. 565.25 (1m) of the statutes, as affected by 1995 Wisconsin Act 27, section 6981b, is amended to read:

AB776-ASA1,10,18 565.25 (1m) Scope of authority. Subject to approval by the board secretary of revenue, the administrator may determine whether lottery functions shall be performed by department of revenue employes or by one or more persons under contract with the department of administration, except that no contract may provide for the entire management of the lottery or for the entire operation of the lottery by any private person. The department of administration may contract for management consultation services to assist in the management or operation of the lottery. The department of administration may not contract for financial auditing or security monitoring services, except that, if the department of administration delegates under s. 16.71 (1) to the department of revenue the authority to make a major procurement, the department of revenue may contract with the department of administration for warehouse and building protection any security services relating to the state lottery. If the department of administration delegates under s. 16.71 (1) to the department of revenue the authority to make a major procurement, the department of revenue shall assume the powers and duties of the department of administration and the administrator shall assume the powers and duties of the secretary of administration under this section and ss. 16.70 to 16.77, except under ss. 16.72 (4) (a), 16.76 (1) and 16.77 (1).

AB776-ASA1, s. 36 Section 36. 565.25 (2) (a) 6. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB776-ASA1,11,2 565.25 (2) (a) 6. If the department of administration delegates under s. 16.71 (1) to the department of revenue the authority to make a major procurement, the award of the major procurement contract is subject to approval by the board and to the requirements in ss. 16.72 (4) (a) and 16.76 (1). Copies of requisitions and contracts for major procurements shall be maintained by the administrator and shall be subject to inspection and copying under subch. II of ch. 19.

AB776-ASA1, s. 37 Section 37. 565.27 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB776-ASA1,11,11 565.27 (1) Game features and procedures. (intro.) Subject to this section, the rules promulgated under s. 565.02 (3) (d) and (4) (a) and board approval by the secretary of revenue, the administrator shall determine the particular features of and procedures for each lottery game offered. The administrator shall recommend to the board for promulgation by rule under s. 565.02 (3) (d) the types of state or multistate lottery games to be offered. The features and procedures shall be in writing, shall be accessible to the public and shall include all of the following:

AB776-ASA1, s. 38 Section 38. 565.27 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB776-ASA1,11,16 565.27 (2) (a) The actual selection of any winning lottery ticket or lottery share may not be performed by an elected or appointed official, or an employe of the lottery division in the department or a member or employe of the board.

AB776-ASA1, s. 39 Section 39. 565.30 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB776-ASA1,11,25 565.30 (1) Payment of prizes. The administrator shall direct the payment of a prize to the holder of the winning lottery ticket or lottery share or to a person designated under sub. (2), except that a prize may be paid to another person under a court order or to the estate of a deceased prize winner. The board, department, administrator, state and any contractor for materials, equipment or services of the game in which the prize is won are discharged of all liability upon payment of the prize to the holder of a winning lottery ticket or lottery share.

AB776-ASA1, s. 40 Section 40. 565.30 (3) (b) of the statutes is amended to read:

AB776-ASA1,12,5 565.30 (3) (b) Retailer bonuses. Any bonuses offered by the board department to retailers who sell winning lottery tickets or lottery shares shall be paid to the retailer regardless of whether the prize is claimed if the retailer can be identified as the seller of the winning ticket or share.

AB776-ASA1, s. 41 Section 41. 565.30 (5) of the statutes is amended to read:

AB776-ASA1,13,5 565.30 (5) Withholding of delinquent state taxes, child support or debts owed the state. The administrator shall report the name, address and social security number of each winner of a lottery prize equal to or greater than $1,000 to the department secretary of revenue to determine whether the payee of the prize is delinquent in the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139 or in court-ordered payment of child support or has a debt owing to the state. Upon receipt of a report under this subsection, the department secretary of revenue shall first ascertain based on certifications by the department of health and family services under s. 46.255 (2) whether any person named in the report is currently delinquent in court-ordered payment of child support and shall next certify to the administrator whether any person named in the report is delinquent in court-ordered payment of child support or payment of state taxes under ch. 71, 72, 76, 77, 78 or 139. Upon this certification by the department secretary of revenue or upon court order the administrator shall withhold the certified amount and send it to the department secretary of revenue for remittance to the appropriate agency or person. At the time of remittance, the department secretary of revenue shall charge its the department's administrative expenses to the state agency that has received the remittance. The administrative expenses received by the department of revenue shall be credited to the appropriation under s. 20.566 (1) (h). In instances in which the payee of the prize is delinquent both in payments for state taxes and in court-ordered payments of child support, or is delinquent in one or both of these payments and has a debt owing to the state, the amount remitted to the appropriate agency or person shall be in proportion to the prize amount as is the delinquency or debt owed by the payee.

AB776-ASA1, s. 42 Section 42. 565.32 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB776-ASA1,13,11 565.32 (1) Promotional advertising prohibition. The expenditure by the board, department or any other state agency of public funds or of revenues derived from lottery operations to engage in promotional advertising of the state lottery or any multistate lottery is prohibited.

AB776-ASA1, s. 43 Section 43. 565.32 (3) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB776-ASA1,13,16 565.32 (3) (a) (intro.) Any advertising, as defined by the board department by rule under s. 565.02 (3) (f), of the lottery which describes a specific lottery game and each lottery ticket and lottery share shall include:

AB776-ASA1, s. 44 Section 44. 565.37 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB776-ASA1,13,22 565.37 (3) Department report. The department shall submit quarterly reports on the operation of the lottery to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2) and to the governor, attorney general, state treasurer, secretary of state, board and state auditor.

AB776-ASA1, s. 45 Section 45. 565.37 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB776-ASA1, s. 46 Section 46. 565.40 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB776-ASA1,14,7 565.40 (1) Investigations. The department of justice may investigate any activities by the board, vendors, or employes in the department, which affect the operation or administration of the state lottery or any multistate lottery in which the state participates, and shall report suspected violations of state or federal law to the appropriate prosecuting authority.

AB776-ASA1, s. 47 Section 47. 565.46 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB776-ASA1,14,15 565.46 Minority advertising, procurements, retailers and hiring. The board department shall promulgate rules establishing goals that attempt to increase the total amount of expenditures by the department for advertising, public relations and other procurements that are directed to minority businesses, the number of retailers that are minority businesses and the number of employes of the lottery division in the department who are minority group members.

AB776-ASA1, s. 48 Section 48. 1995 Wisconsin Act 27, section 9123 (6ps) (f) is amended to read:

AB776-ASA1,14,23 [1995 Wisconsin Act 27] Section 9123 (6ps) (f) Rules and orders. All rules promulgated by the gaming commission that relate to the state lottery and that are in effect on July 1, 1996, remain in effect until their specified expiration date or until amended or repealed by the gaming board department of revenue. All orders issued by the gaming commission that relate to the state lottery and that are in effect on July 1, 1996, remain in effect until their specified expiration date or until modified or rescinded by the gaming board department of revenue.

AB776-ASA1, s. 49 Section 49. Nonstatutory provisions.

AB776-ASA1,15,7 (1)  Gaming board. If this subsection first takes effect after July 1, 1996, all rules that relate to chapter 565 of the statutes that are in effect before the effective date of this subsection shall remain in effect until their specified expiration date or until amended or repealed by the department of revenue. All orders that relate to chapter 565 of the statutes that are in effect before the effective date of this subsection shall remain in effect until their specified expiration date or until amended or rescinded by the department of revenue.

AB776-ASA1, s. 50 Section 50. Initial applicability.

AB776-ASA1,15,10 (1) Social security number requirement. The treatment of section 79.10 (10) (bm) of the statutes first applies to property taxes levied in 1996.

AB776-ASA1,15,12 (2) False lottery credit claims. The treatment of sections 25.75 (1) (c) (intro.) and (2) and 79.10 (10) (f) of the statutes first applies to property taxes levied in 1996.

AB776-ASA1, s. 51 Section 51. Effective dates. This act takes effect on the day after publication, except as follows:

AB776-ASA1,15,16 (1) Lottery fund. The treatment of section 25.75 (1) (c) (intro.) and (2) of the statutes takes effect on December 1, 1996.

AB776-ASA1,15,24 (2)  Transfer of lottery functions. The treatment of sections 16.84 (title) and (3), 20.505 (5) (ka), 20.566 (8) (v), 561.02, 561.06 (1), (2), (3) and (4), 565.017, 565.02 (1) (a) and (b) 4., (2) (b) and (c) 3., (3) (intro.) and (b) 6. and (4) (intro.), 565.05 (1) (intro.) and (a), 565.10 (1), (7) (b), (8), (14) (b) and (15), 565.12 (2) and (3), 565.17 (5) (title) and (a), 565.25 (1m) and (2) (a) 6., 565.27 (1) (intro.) and (2) (a), 565.30 (1), (3) (b) and (5), 565.32 (1) and (3) (a) (intro.), 565.37 (3) and (4), 565.40 (1), 565.46 and chapter 561 (title) of the statutes take effect on July 1, 1996, or on the day after publication, whichever is later.

AB776-ASA1,15,25 (End)