AB100: Bill Text

AB100, s. 4766 Section 4766. 565.25 (2) (a) 6. of the statutes is amended to read:

AB100,1793,3 565.25 (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.

AB100, s. 4767 Section 4767. 565.25 (2) (c) of the statutes is amended to read:

AB100,1793,9 565.25 (2) (c) A major procurement contract under this subsection may be for any term deemed to be in the best interests of the state lottery or the multistate multijurisdictional lottery in which the state participates, but the term and any provisions for renewal or extension shall be incorporated in the bid specifications or proposal solicitation and the contract document.

AB100, s. 4768 Section 4768. 565.27 (1) (intro.) of the statutes is amended to read:

AB100,1793,17 565.27 (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:

AB100, s. 4769 Section 4769. 565.27 (2) (a) of the statutes is amended to read:

AB100,1793,22 565.27 (2) (a) The actual selection of any winning lottery ticket or lottery share may not be performed by an elected or appointed official, an employe of the lottery division in the department or a member or employe of the board any employe of the department who performs any duty related to the state lottery.

AB100, s. 4770 Section 4770. 565.27 (2) (b) 4. of the statutes is amended to read:

AB100,1794,2 565.27 (2) (b) 4. Any equipment used for the drawing must be inspected by a certified public accountant and a department employe before and after the drawing, except that a department employe is not required to inspect the equipment if the drawing is used for a multijurisdictional lottery.

AB100, s. 4771 Section 4771. 565.30 (1) of the statutes is amended to read:

AB100,1794,10 565.30 (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.

AB100, s. 4772 Section 4772. 565.30 (3) (b) of the statutes is amended to read:

AB100,1794,15 565.30 (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.

AB100, s. 4773 Section 4773. 565.30 (5) of the statutes is amended to read:

AB100,1795,14 565.30 (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 industry, labor and job development under s. 49.855 (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 of revenue for remittance remit it to the appropriate agency or person. At the time of remittance, the department of revenue shall charge its 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.

AB100, s. 4774 Section 4774 . 565.30 (5) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1796,13 565.30 (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 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 secretary of revenue shall first ascertain based on certifications by the department of industry, labor and job development or its designee under s. 49.855 (2) (1) 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 secretary of revenue or upon court order the administrator shall withhold the certified amount and remit it to the appropriate agency or person. At the time of remittance, the department of revenue shall charge its 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.

AB100, s. 4775 Section 4775. 565.30 (5m) of the statutes is amended to read:

AB100,1797,2 565.30 (5m) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of industry, labor and job development the name, address and social security number of each winner of a lottery prize that is payable in instalments. Upon receipt of the report, the department of industry, labor and job development shall certify to the administrator whether any payee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.458 (3), 767.465 (2m), 767.477, 767.51 (3), 767.62 (4) (a) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The administrator shall withhold the certified amount from each payment made to the winner and remit the certified amount to the department of industry, labor and job development.

AB100, s. 4776 Section 4776. 565.32 (1) of the statutes is amended to read:

AB100,1797,7 565.32 (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 multijurisdictional lottery is prohibited.

AB100, s. 4777 Section 4777. 565.32 (2) (a) of the statutes is amended to read:

AB100,1797,12 565.32 (2) (a) A retailer or a combination of retailers, a vendor or a combination of vendors or a combination of retailers and vendors may engage in promotional advertising of the state lottery or any multistate multijurisdictional lottery in which the state participates.

AB100, s. 4778 Section 4778. 565.32 (3) (a) (intro.) of the statutes is amended to read:

AB100,1797,16 565.32 (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:

AB100, s. 4779 Section 4779. 565.37 (1) of the statutes is amended to read:

AB100,1797,24 565.37 (1) Financial and performance audits. The department shall annually contract with the legislative audit bureau to conduct a financial audit of the transactions and accounts of the state lottery, and, to the extent of the department's participation, of any multistate multijurisdictional lotteries in which the state participates, for the preceding fiscal year and shall biennially contract with the legislative audit bureau for a performance audit of the state lottery and, to the extent of the department's participation, of those multistate multijurisdictional lotteries.

AB100, s. 4780 Section 4780. 565.37 (2) of the statutes is amended to read:

AB100,1798,5 565.37 (2) Independent postaudit. At no less than 3-year intervals, the department may retain an independent certified public accountant to conduct a postaudit of all the lottery division's accounts and transactions. The department shall provide copies of each such postaudit to the legislative audit bureau, the board and the department of justice.

AB100, s. 4781 Section 4781. 565.37 (3) of the statutes is amended to read:

AB100,1798,10 565.37 (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.

AB100, s. 4782 Section 4782. 565.37 (4) of the statutes is repealed.

AB100, s. 4783 Section 4783. 565.40 (1) of the statutes is amended to read:

AB100,1798,17 565.40 (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 multijurisdictional lottery in which the state participates, and shall report suspected violations of state or federal law to the appropriate prosecuting authority.

AB100, s. 4784 Section 4784. 565.45 of the statutes is amended to read:

AB100,1798,22 565.45 Report on expense limitation. Before January 1, 1992, and every 2 years thereafter, the department shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), on the effects on the operation of the lottery of the 15% 9% expense limitation under s. 25.75 (3) (b).

AB100, s. 4785 Section 4785. 565.46 of the statutes is amended to read:

AB100,1799,4 565.46 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.

AB100, s. 4786 Section 4786. 569.01 (1) of the statutes is renumbered 569.01 (1g).

AB100, s. 4787 Section 4787. 569.01 (1e) of the statutes is created to read:

AB100,1799,7 569.01 (1e) "Department" means the department of administration.

AB100, s. 4788 Section 4788. 569.015 of the statutes is created to read:

AB100,1799,13 569.015 Indian gaming. (1) The secretary of administration shall appoint a director of Indian gaming, who shall advise the secretary on matters relating to Indian gaming and who shall assist the department in performing the functions of the department under this chapter. The director of Indian gaming shall serve at the pleasure of the secretary of administration.

AB100,1799,17 (2) The secretary of administration shall appoint 3 employes, whose duties shall include advising the secretary of administration and the governor on any Indian gaming compacts that may be entered into under s. 14.035. The 3 employes shall serve at the pleasure of the secretary of administration.

AB100, s. 4789 Section 4789. 569.02 (intro.) of the statutes is amended to read:

AB100,1799,21 569.02 (title) Indian gaming; general duties of board. (intro.) Under the direction of the board secretary of administration, the separate subunit established in the board under s. 561.14 director of Indian gaming shall do all of the following:

AB100, s. 4790 Section 4790. 569.03 of the statutes is created to read:

AB100,1799,24 569.03 Indian gaming security. The department may do any of the following:

AB100,1800,2 (1) Provide all of the security services for the Indian gaming operations under this chapter.

AB100,1800,4 (2) Monitor the regulatory compliance of Indian gaming operations under this chapter and under any Indian gaming compact entered into under s. 14.035.

AB100,1800,5 (3) Audit the Indian gaming operations under this chapter.

AB100,1800,6 (4) Investigate suspected violations of this chapter.

AB100,1800,8 (5) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

AB100,1800,11 (6) If the division of criminal investigation in the department of justice chooses not to investigate a report under sub. (5), coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.

AB100, s. 4791 Section 4791. 569.04 (1) of the statutes is amended to read:

AB100,1800,17 569.04 (1) In accordance with an Indian gaming compact or with the regulations of or an agreement with the national Indian gaming commission, the board department shall certify and conduct background investigations of a person proposing to be an Indian gaming vendor and of employes of Indian tribes who are engaged in the conduct of gaming.

AB100, s. 4792 Section 4792. 569.04 (2) of the statutes is amended to read:

AB100,1800,25 569.04 (2) The board department shall require the persons who are subject to the background investigations under sub. (1) to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. Notwithstanding ss. 111.321, 111.322 and 111.335, the department of justice may submit the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

AB100, s. 4793 Section 4793. 569.06 of the statutes is amended to read:

AB100,1801,4 569.06 Indian gaming receipts. Indian gaming receipts shall be credited to the appropriation accounts under ss. 20.197 (1) (h) and 20.455 (2) (gc) and 20.505 (8) (h) as specified under ss. 20.197 (1) (h) and 20.455 (2) (gc) and 20.505 (8) (h).

AB100, s. 4794 Section 4794. 600.01 (1) (b) 8. of the statutes is amended to read:

AB100,1801,10 600.01 (1) (b) 8. Guarantees of the Wisconsin housing and economic development authority Housing and Economic Development Authority under ss. 234.67, 234.68, 234.69, 234.765, 234.82, s. 234.67, 1995 stats., s. 234.68, 1995 stats., s. 234.69, 1995 stats., s. 234.765, 1995 stats., s. 234.82, 1995 stats., s. 234.87, 1995 stats., and ss. 234.83, 234.84, 234.87 234.88, 234.90, 234.905, 234.907 and 234.91.

AB100, s. 4795 Section 4795. 601.41 (1) of the statutes is amended to read:

AB100,1801,15 601.41 (1) Duties. The commissioner shall administer and enforce chs. 153 and 600 to 655 and ss. 59.52 (11) (c), 66.184 and 120.13 (2) (b) to (g) and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

AB100, s. 4796 Section 4796 . 601.41 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100,1801,21 601.41 (1) Duties. The commissioner shall administer and enforce chs. 600 to 655 and ss. 59.52 (11) (c), 66.184 and, 120.13 (2) (b) to (g), 149.13 and 149.135 and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

AB100, s. 4797 Section 4797. 601.415 (12) of the statutes is created to read:

AB100,1802,2 601.415 (12) Health insurance risk-sharing plan. The commissioner shall perform the duties specified to be performed by the commissioner in ss. 149.13 and 149.135. The commissioner, or his or her designee, shall serve as a member of the board under s. 149.15.

AB100, s. 4798 Section 4798. 601.429 of the statutes is repealed.

AB100, s. 4799 Section 4799. 601.465 (intro.) of the statutes is amended to read:

AB100,1802,7 601.465 Nondisclosure of information. (intro.) The Except for information requested under s. 49.22 (2m), the office may refuse to disclose and may prevent any other person from disclosing any of the following: