AB100-engrossed,2065,223
565.01
(4f) "Multijurisdictional" means pertaining to another state of the
24United States of America, the District of Columbia, the Commonwealth of Puerto
1Rico or any territory or possession of the United States of America or the government
2of Canada or any province thereof.
AB100-engrossed,2065,54
565.01
(4r) (a) The fact that this state has a state lottery or participates in a
5multistate multijurisdictional lottery.
AB100-engrossed,2065,107
565.01
(6m) (a) (intro.) "The state lottery" means an enterprise, including a
8multistate multijurisdictional lottery in which the state participates, in which the
9player, by purchasing a ticket, is entitled to participate in a game of chance in which
10any of the following applies:
AB100-engrossed,2065,1312
565.02
(1) (b) 4. A violation of a provision of this chapter or rule of the
board 13department relating to the state lottery.
AB100-engrossed,2065,1715
565.02
(2) (b) The administrator shall appoint and supervise employes, as
16specified by the
board department by rule under sub. (3) (a), as necessary to carry
17out the duties of the administrator.
AB100-engrossed,2065,2019
565.02
(2) (c) 3. A violation of a provision of this chapter or rule of the
board 20department relating to the state lottery.
AB100-engrossed,2065,2322
565.02
(3) (intro.) The
board department shall promulgate all of the following
23rules:
AB100-engrossed,2066,2
1565.02
(3) (b) 6. Qualifications for retailers, in addition to those under this
2section, as determined by the
board department.
AB100-engrossed,2066,54
565.02
(4) (intro.) The
board department may promulgate all of the following
5rules:
AB100-engrossed,2066,97
565.02
(4) (e) Establishing requirements for advertising of the state lottery,
8and any
multistate multijurisdictional lotteries in which the state participates, that
9are in addition to those specified under s. 565.32.
AB100-engrossed,2066,1311
565.02
(4) (f) Providing for payment of a rate of compensation that is higher
12than
5% the basic compensation under s. 565.10 (14) (b) for retailers that are
13nonprofit organizations.
AB100-engrossed,2066,1515
565.02
(8) The department shall do all of the following:
AB100-engrossed,2066,1716
(a) Subject to s. 565.25, provide all of the security services for the gaming
17operations under this chapter.
AB100-engrossed,2066,1818
(b) Monitor the regulatory compliance of gaming operations under this chapter.
AB100-engrossed,2066,1919
(c) Audit the gaming operations under this chapter.
AB100-engrossed,2066,2020
(d) Investigate suspected violations of this chapter.
AB100-engrossed,2066,2221
(e) Report suspected gaming-related criminal activity to the division of
22criminal investigation in the department of justice for investigation by that division.
AB100-engrossed,2066,2523
(f) If the division of criminal investigation in the department of justice chooses
24not to investigate a report under par. (e), coordinate an investigation of the suspected
25criminal activity with local law enforcement officials and district attorneys.
AB100-engrossed,2067,53
565.05
(1) (intro.) No employe of the department who performs any duty
4related to the state lottery or the executive assistant or the secretary or deputy
5secretary of revenue may do any of the following:
AB100-engrossed,2067,107
565.05
(1) (a) Have a direct or indirect interest in, or be employed by, any
8vendor while serving as an employe in the department and performing any duty
9related to the state lottery or as the executive assistant or as secretary or deputy
10secretary of revenue or for 2 years following the person's termination of service.
AB100-engrossed,2067,1612
565.10
(1) Selection of retailers; retailer contract. Under rules
13promulgated by the
board department under s. 565.02 (3) (b) and (4) (a), the
14administrator may contract with a person for the retail sale of lottery tickets or
15lottery shares. Retailers shall be selected for contract so as to provide adequate and
16convenient availability of lottery tickets and lottery shares to prospective buyers.
AB100-engrossed,2067,2018
565.10
(7) (b) The administrator may, under rules promulgated by the
board 19department, contract for a period that is shorter than 3 years in order to stagger
20lottery retailer contract expiration dates throughout a 3-year period.
AB100-engrossed,2068,222
565.10
(8) Contract fees. A contract entered into under this section may
23require payment of a nonrefundable initial application fee or a nonrefundable
24annual fee for continuation, or both, in an amount promulgated by the
board 25department by rule under s. 565.02 (4) (b). A separate nonrefundable fee, in an
1amount specified in rules promulgated under s. 565.02 (4) (b), may be required for
2each certificate of authority issued under sub. (11).
AB100-engrossed,2068,114
565.10
(13) Bond. The
commission department may by rule under s. 565.02
5(4) (d) require fidelity bonds from retailers. In lieu of a bond, the
commission 6department may purchase blanket bonds covering all or selected retailers or may
7allow a retailer to deposit and maintain with the
commission department 8interest-bearing or interest-accruing securities approved by the
commission 9department. Such securities shall be held in trust by the
commission department 10and shall have at all times a market value at least equal to the amount required by
11the
commission department.
AB100-engrossed,2068,1813
565.10
(14) (b) The basic compensation to be paid to a retailer is 5.5% of the
14retail price of lottery tickets or lottery shares sold by the retailer. The
board 15department may, in the rules promulgated under s. 565.02 (4) (f), provide for the
16payment of a higher rate of compensation to nonprofit organizations making sales
17under a contract issued on a temporary basis than the rate of compensation paid to
18other retailers.
AB100-engrossed, s. 4759
19Section
4759. 565.10 (14) (b) of the statutes, as affected by 1997 Wisconsin Act
20.... (this act), is repealed and recreated to read:
AB100-engrossed,2068,2321
565.10
(14) (b) 1. The basic compensation to be paid to a retailer for the sale
22of a lottery ticket or lottery share described under s. 565.01 (6m) (a) 2. is 5.5% of the
23retail price of lottery tickets or lottery shares sold by the retailer.
AB100-engrossed,2069,3
12. The basic compensation to be paid to a retailer for the sale of a lottery ticket
2or lottery share described under s. 565.01 (6m) (a) 1. is 7% of the retail price of lottery
3tickets or lottery shares sold by the retailer.
AB100-engrossed,2069,74
4. The department may, in the rules promulgated under s. 565.02 (4) (f), provide
5for the payment of a higher rate of compensation to nonprofit organizations making
6sales under a contract issued on a temporary basis than the rate of compensation
7paid to other retailers.
AB100-engrossed,2069,139
565.10
(15) Remitting proceeds. A retailer shall, on a daily basis, unless
10another basis, but not less than weekly, is provided by the
board department by rule,
11remit to the department the lottery proceeds from the sale of lottery tickets or lottery
12shares. The amount of compensation deducted by the retailer, if any, shall be
13indicated as a deduction from the total remitted.
AB100-engrossed,2070,215
565.12
(2) If the administrator determines that the immediate suspension or
16termination of a lottery retailer contract entered into under s. 565.10 is necessary to
17protect the public interest or the security, integrity or fiscal responsibility of the
18lottery, the administrator may, without prior notice or hearing, suspend for a
19specified period or terminate the lottery retailer contract by mailing to the retailer
20a notice of suspension or termination that includes a statement of the facts or conduct
21that warrant the suspension or termination and a notice that the retailer may, within
2230 days after the date on which the notice of suspension or termination is mailed,
23have the suspension or termination reconsidered by the administrator. If, upon
24reconsideration, the administrator affirms the determination to suspend or
25terminate the lottery retailer contract, the retailer shall be afforded an opportunity
1for a hearing before the
board department to review the determination of the
2administrator.
AB100-engrossed,2070,54
565.12
(3) The
board department shall render the final decisions under s.
5227.47 for all terminations and suspensions under subs. (1) and (2).
AB100-engrossed,2070,87
565.17
(5) (title)
Board members and employes; certain Certain department
8employes.
AB100-engrossed,2070,1310
565.17
(5) (a) No employe of the department who performs any duty related to
11the state lottery or the executive assistant or the secretary or deputy secretary of
12revenue and no member of such a person's immediate family, as defined in s. 19.42
13(7), may purchase a lottery ticket or lottery share.
AB100-engrossed,2071,715
565.25
(1m) Scope of authority. Subject to approval by the
board secretary
16of revenue, the administrator may determine whether lottery functions shall be
17performed by department of revenue employes or by one or more persons under
18contract with the department of administration, except that no contract may provide
19for the entire management of the lottery or for the entire operation of the lottery by
20any private person. The department of administration may contract for
21management consultation services to assist in the management or operation of the
22lottery. The department of administration may not contract for financial auditing
23or security monitoring services, except that, if the department of administration
24delegates under s. 16.71 (1) to the department of revenue the authority to make a
25major procurement, the department of revenue may contract with the department
1of administration for warehouse and building protection services relating to the state
2lottery. If the department of administration delegates under s. 16.71 (1) to the
3department of revenue the authority to make a major procurement, the department
4of revenue shall assume the powers and duties of the department of administration
5and the administrator shall assume the powers and duties of the secretary of
6administration under this section and ss. 16.70 to 16.77, except under ss. 16.72 (4)
7(a), 16.76 (1) and 16.77 (1).
AB100-engrossed,2071,149
565.25
(2) (a) 6. If the department
of administration delegates under s. 16.71
10(1) to the department of revenue the authority to make a major procurement, the
11award of the major procurement contract is subject to
approval by the board and to 12the requirements in ss. 16.72 (4) (a) and 16.76 (1). Copies of requisitions and
13contracts for major procurements shall be maintained by the administrator and shall
14be subject to inspection and copying under subch. II of ch. 19.
AB100-engrossed,2071,2016
565.25
(2) (c) A major procurement contract under this subsection may be for
17any term deemed to be in the best interests of the state lottery or the
multistate 18multijurisdictional lottery in which the state participates, but the term and any
19provisions for renewal or extension shall be incorporated in the bid specifications or
20proposal solicitation and the contract document.
AB100-engrossed,2072,322
565.27
(1) Game features and procedures. (intro.) Subject to this section, the
23rules promulgated under s. 565.02 (3) (d) and (4) (a) and
board approval
by the
24secretary of revenue, the administrator shall determine the particular features of
25and procedures for each lottery game offered.
The administrator shall recommend
1to the board for promulgation by rule under s. 565.02 (3) (d) the types of state or
2multistate lottery games to be offered. The features and procedures shall be in
3writing, shall be accessible to the public and shall include all of the following:
AB100-engrossed,2072,75
565.27
(2) (a) The actual selection of any winning lottery ticket or lottery share
6may not be performed by an elected or appointed official
, or an employe of the lottery
7division in the department
or a member or employe of the board.
AB100-engrossed,2072,129
565.27
(2) (b) 4. Any equipment used for the drawing must be inspected by a
10certified public accountant and a department employe before and after the drawing
,
11except that a department employe is not required to inspect the equipment if the
12drawing is used for a multijurisdictional lottery.
AB100-engrossed,2072,2014
565.30
(1) Payment of prizes. The administrator shall direct the payment of
15a prize to the holder of the winning lottery ticket or lottery share or to a person
16designated under sub. (2), except that a prize may be paid to another person under
17a court order or to the estate of a deceased prize winner. The
board, department,
18administrator, state and any contractor for materials, equipment or services of the
19game in which the prize is won are discharged of all liability upon payment of the
20prize to the holder of a winning lottery ticket or lottery share.
AB100-engrossed,2072,2522
565.30
(3) (b)
Retailer bonuses. Any bonuses offered by the
board department 23to retailers who sell winning lottery tickets or lottery shares shall be paid to the
24retailer regardless of whether the prize is claimed if the retailer can be identified as
25the seller of the winning ticket or share.
AB100-engrossed,2073,253
565.30
(5) Withholding of delinquent state taxes, child support or debts
4owed the state. The administrator shall report the name, address and social security
5number of each winner of a lottery prize equal to or greater than $1,000 to the
6department of revenue to determine whether the payee of the prize is delinquent in
7the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139 or in court-ordered
8payment of child support or has a debt owing to the state. Upon receipt of a report
9under this subsection, the department of revenue shall first ascertain based on
10certifications by the department of workforce development
or its designee under s.
1149.855
(2) (1) whether any person named in the report is currently delinquent in
12court-ordered payment of child support and shall next certify to the administrator
13whether any person named in the report is delinquent in court-ordered payment of
14child support or payment of state taxes under ch. 71, 72, 76, 77, 78 or 139. Upon this
15certification by the department of revenue or upon court order the administrator
16shall withhold the certified amount and send it to the department of revenue for
17remittance to the appropriate agency or person. At the time of remittance, the
18department of revenue shall charge its administrative expenses to the state agency
19that has received the remittance. The administrative expenses received by the
20department of revenue shall be credited to the appropriation under s. 20.566 (1) (h).
21In instances in which the payee of the prize is delinquent both in payments for state
22taxes and in court-ordered payments of child support, or is delinquent in one or both
23of these payments and has a debt owing to the state, the amount remitted to the
24appropriate agency or person shall be in proportion to the prize amount as is the
25delinquency or debt owed by the payee.
AB100-engrossed,2074,52
565.32
(1) Promotional advertising prohibition. The expenditure by the
3board, department or any other state agency of public funds or of revenues derived
4from lottery operations to engage in promotional advertising of the state lottery or
5any
multistate multijurisdictional lottery is prohibited.
AB100-engrossed,2074,107
565.32
(2) (a) A retailer or a combination of retailers, a vendor or a combination
8of vendors or a combination of retailers and vendors may engage in promotional
9advertising of the state lottery or any
multistate
multijurisdictional lottery in which
10the state participates.
AB100-engrossed,2074,1412
565.32
(3) (a) (intro.) Any advertising, as defined by the
board department by
13rule under s. 565.02 (3) (f), of the lottery which describes a specific lottery game and
14each lottery ticket and lottery share shall include:
AB100-engrossed,2074,2216
565.37
(1) Financial and performance audits. The department shall annually
17contract with the legislative audit bureau to conduct a financial audit of the
18transactions and accounts of the state lottery, and, to the extent of the department's
19participation, of any
multistate multijurisdictional lotteries in which the state
20participates, for the preceding fiscal year and shall biennially contract with the
21legislative audit bureau for a performance audit of the state lottery and, to the extent
22of the department's participation, of those
multistate
multijurisdictional lotteries.
AB100-engrossed,2075,324
565.37
(2) Independent postaudit. At no less than 3-year intervals, the
25department may retain an independent certified public accountant to conduct a
1postaudit of all the lottery division's accounts and transactions. The department
2shall provide copies of each such postaudit to the legislative audit bureau
, the board 3and the department of justice.
AB100-engrossed,2075,85
565.37
(3) Department report. The department shall submit quarterly reports
6on the operation of the lottery to the chief clerk of each house of the legislature, for
7distribution to the legislature under s. 13.172 (2) and to the governor, attorney
8general, state treasurer, secretary of state
, board and state auditor.
AB100-engrossed,2075,1110
565.37
(4) Administrator report. The administrator shall submit monthly
11financial reports to the
board secretary of revenue.