AB100: Bill Text

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:

AB100, s. 4800 Section 4800. 601.59 (6) (e) of the statutes is amended to read:

AB100,1802,24 601.59 (6) (e) The commission's rules shall establish conditions and procedures under which the commission shall make its information and official records available to the public for inspection or copying. The commission may exempt from disclosure any information or official records to the extent disclosure would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the commission may consider any special circumstances pertaining to insurer insolvencies, but shall be guided by the principles embodied in state and federal freedom of information laws. The commission may promulgate additional rules under which it may make available to law enforcement agencies, and to the department of industry, labor and job development and county child support agencies under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029, records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies, the department of industry, labor and job development and county child support agencies under s. 59.53 (5) to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

AB100, s. 4801 Section 4801. 601.64 (1) of the statutes is amended to read:

AB100,1803,7 601.64 (1) Injunctions and restraining orders. The commissioner may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction or by temporary restraining order any violation of chs. 600 to 655, s. 149.13 or 149.135, any rule promulgated under chs. 600 to 655 or any order issued under s. 601.41 (4). Except as provided in s. 641.20, the commissioner need not show irreparable harm or lack of an adequate remedy at law in an action commenced under this subsection.

AB100, s. 4802 Section 4802. 601.64 (3) (a) of the statutes is amended to read:

AB100,1803,12 601.64 (3) (a) Restitutionary forfeiture. Whoever violates an effective order issued under s. 601.41 (4) or, any insurance statute or rule or s. 149.13 or 149.135 shall forfeit to the state twice the amount of any profit gained from the violation, in addition to any other forfeiture or penalty imposed.

AB100, s. 4803 Section 4803. 601.64 (3) (c) of the statutes is amended to read:

AB100,1803,20 601.64 (3) (c) Forfeiture for violation of statute or rule. Whoever violates an insurance statute or rule or s. 149.13 or 149.135, intentionally aids a person in violating an insurance statute or rule or s. 149.13 or 149.135 or knowingly permits a person over whom he or she has authority to violate an insurance statute or rule or s. 149.13 or 149.135 shall forfeit to the state not more than $1,000 for each violation. If the statute or rule imposes a duty to make a report to the commissioner, each week of delay in complying with the duty is a new violation.

AB100, s. 4804 Section 4804. 601.64 (4) of the statutes is amended to read:

AB100,1804,3 601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally permits any person over whom he or she has authority to violate or intentionally aids any person in violating any insurance statute or rule of this state , s. 149.13 or 149.135 or any effective order issued under s. 601.41 (4) may, unless a specific penalty is provided elsewhere in the statutes, be fined not more than $10,000 if a corporation or if a natural person be fined not more than $5,000 or imprisoned for not to exceed 3 years or both. Intent has the meaning expressed under s. 939.23.

AB100, s. 4805 Section 4805. 611.11 (4) (title) of the statutes is amended to read:

AB100,1804,5 611.11 (4) (title) Municipalities Local governmental units.

AB100, s. 4806 Section 4806. 611.11 (4) (a) of the statutes is amended to read:

AB100,1804,8 611.11 (4) (a) In this subsection, "municipality" "local governmental unit" has the meaning given in s. 345.05 (1) (c) (bg).

AB100, s. 4807 Section 4807. 611.11 (4) (b) (intro.) of the statutes is amended to read:

AB100,1804,13 611.11 (4) (b) (intro.) Any number of municipalities local governmental units or associations of municipalities local governmental units or both may organize a municipal insurance mutual under s. 611.13, subject to s. 611.23, to provide any of the following for its members:

AB100, s. 4808 Section 4808. 613.03 (3) of the statutes is amended to read:

AB100,1804,19 613.03 (3) Applicability of insurance laws. Except as otherwise specifically provided, service insurance corporations organized or operating under this chapter are subject to subch. II of ch. 619 and ss. 610.01, 610.11, 610.21, 610.23 and 610.24 and chs. 600, 601, 609, 617, 620, 623, 625, 627, 628, 631, 632, 635 and 645 and to no other insurance laws.

AB100, s. 4809 Section 4809. 613.03 (4) of the statutes is created to read:

AB100,1804,22 613.03 (4) Mandatory health insurance risk-sharing plan. Service insurance corporations organized or operating under this chapter are subject to ch. 149.

AB100, s. 4810 Section 4810. 614.05 (1) of the statutes is amended to read:

AB100,1804,25 614.05 (1) Chapters 611 and 619. No section of ch. 611 or subch. I of ch. 619 applies to fraternals unless it is specifically made applicable by this chapter.

AB100, s. 4811 Section 4811. Subchapter I of chapter 619 [precedes 619.001] of the statutes is renumbered chapter 619 [precedes 619.001].

AB100, s. 4812 Section 4812. Subchapter I (title) of chapter 619 [precedes 619.01] of the statutes is repealed.

AB100, s. 4813 Section 4813. Subchapter II (title) of chapter 619 [precedes 619.10] of the statutes is repealed.

AB100, s. 4814 Section 4814. 619.10 (intro.) of the statutes is renumbered 149.10 (intro.) and amended to read: