SB77: Bill Text

SB77,1782,22 564.02 (1) (ag) "Division of gaming" means the division of gaming in the department.

SB77, s. 4727 Section 4727. 564.02 (1m) of the statutes is created to read:

SB77,1782,24 564.02 (1m) The department may do any of the following:

SB77,1783,2 (a) Provide all of the security services for the crane game operations under this chapter.

SB77,1783,4 (b) Monitor the regulatory compliance of crane game operations under this chapter.

SB77,1783,5 (c) Audit the crane game operations under this chapter.

SB77,1783,6 (d) Investigate suspected violations of this chapter.

SB77,1783,8 (e) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

SB77,1783,11 (f) If the division of criminal investigation in the department of justice chooses not to investigate a report under par. (e), coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.

SB77, s. 4728 Section 4728. 564.02 (2) (a) of the statutes is amended to read:

SB77,1783,18 564.02 (2) (a) No person in this state who owns a crane game may set up for the purposes of play, permit a crane game to be set up for the purposes of play or collect the proceeds of a crane game which is set up for the purposes of play unless the person is registered by the board department and unless an identification number issued by the board department is affixed to each such crane game owned by the person.

SB77, s. 4729 Section 4729. 564.02 (2) (b) (intro.) of the statutes is amended to read:

SB77,1783,22 564.02 (2) (b) (intro.) Every person specified under par. (a) shall file with the board department, on application forms prescribed by the board department and signed by the person, all of the following information:

SB77, s. 4730 Section 4730. 564.02 (2) (d) of the statutes is amended to read:

SB77,1784,2 564.02 (2) (d) Upon receipt of the application and fee under pars. (b) and (c), the board department shall, if the board department considers the applicant qualified, issue a certificate of registration for the applicant and an identification number for each crane game for which registration is requested.

SB77, s. 4731 Section 4731. 564.02 (2) (e) of the statutes is amended to read:

SB77,1784,6 564.02 (2) (e) The registration issued under par. (d) shall remain in effect unless it is canceled by the board department with the advice and consent of the department of justice or unless it is withdrawn by the registered person.

SB77, s. 4732 Section 4732. 564.02 (2) (f) of the statutes is amended to read:

SB77,1784,10 564.02 (2) (f) Every person registered under this section shall notify the board department of any change in the information required to be furnished by the person under par. (b), within 10 days following the change.

SB77, s. 4733 Section 4733. 564.02 (2) (g) of the statutes is amended to read:

SB77,1784,14 564.02 (2) (g) The board department shall deposit credit all moneys received by the board department under this subsection in to the appropriation account under s. 20.197 (1) 20.505 (8) (j).

SB77, s. 4734 Section 4734. 564.02 (2m) (intro.) of the statutes is repealed and recreated to read:

SB77,1784,22 564.02 (2m) Conflicts of interest. (intro.) No employe in the division of gaming who performs any duty related to crane games or the executive assistant or the secretary or deputy secretary of administration and no member of such a person's immediate family, as defined in s. 19.42 (7), may, while that person is employed in such a capacity or for 2 years following the termination of his or her employment with the department, do any of the following:

SB77, s. 4735 Section 4735. 564.02 (3) (c) of the statutes is amended to read:

SB77,1784,25 564.02 (3) (c) The board department shall reimburse the department of justice for the services of the department of justice under this subsection.

SB77, s. 4736 Section 4736. 564.02 (4) of the statutes is amended to read:

SB77,1785,7 564.02 (4) Seizure and sale. The department of justice may seize any crane game owned by a person who is convicted under sub. (5) and may sell the crane game in the name of the state. The department of justice and its agents are exempt from all liability to the owner of the crane game for the seizure or sale of the crane game. The board department shall reimburse the department of justice for the services of the department of justice under this subsection.

SB77, s. 4737 Section 4737. 565.01 (4f) of the statutes is created to read:

SB77,1785,12 565.01 (4f) "Multijurisdictional" means pertaining to another state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico or any territory or possession of the United States of America or the government of Canada or any province thereof.

SB77, s. 4738 Section 4738. 565.01 (4r) (a) of the statutes is amended to read:

SB77,1785,15 565.01 (4r) (a) The fact that this state has a state lottery or participates in a multistate multijurisdictional lottery.

SB77, s. 4739 Section 4739. 565.01 (6m) (a) (intro.) of the statutes is amended to read:

SB77,1785,20 565.01 (6m) (a) (intro.) "The state lottery" means an enterprise, including a multistate multijurisdictional lottery in which the state participates, in which the player, by purchasing a ticket, is entitled to participate in a game of chance in which any of the following applies:

SB77, s. 4740 Section 4740. 565.02 (1) (a) of the statutes is repealed.

SB77, s. 4741 Section 4741. 565.02 (1) (b) 4. of the statutes is amended to read:

SB77,1785,24 565.02 (1) (b) 4. A violation of a provision of this chapter or rule of the board department relating to the state lottery.

SB77, s. 4742 Section 4742. 565.02 (2) (b) of the statutes is amended to read:

SB77,1786,3 565.02 (2) (b) The administrator shall appoint and supervise employes, as specified by the board department by rule under sub. (3) (a), as necessary to carry out the duties of the administrator.

SB77, s. 4743 Section 4743. 565.02 (2) (c) 3. of the statutes is amended to read:

SB77,1786,6 565.02 (2) (c) 3. A violation of a provision of this chapter or rule of the board department relating to the state lottery.

SB77, s. 4744 Section 4744. 565.02 (3) (intro.) of the statutes is amended to read:

SB77,1786,9 565.02 (3) (intro.) The board department shall promulgate all of the following rules:

SB77, s. 4745 Section 4745. 565.02 (3) (b) of the statutes is repealed and recreated to read:

SB77,1786,12 565.02 (3) (b) For the selection of retailers for contract which shall be based on objective criteria.

SB77, s. 4746 Section 4746. 565.02 (4) (intro.) of the statutes is amended to read:

SB77,1786,15 565.02 (4) (intro.) The board department may promulgate all of the following rules:

SB77, s. 4747 Section 4747. 565.02 (4) (e) of the statutes is amended to read:

SB77,1786,19 565.02 (4) (e) Establishing requirements for advertising of the state lottery, and any multistate multijurisdictional lotteries in which the state participates, that are in addition to those specified under s. 565.32.

SB77, s. 4748 Section 4748. 565.02 (4) (f) of the statutes is amended to read:

SB77,1786,23 565.02 (4) (f) Providing for payment of a rate of compensation that is higher than 5% the basic compensation under s. 565.10 (14) (b) for retailers that are nonprofit organizations.

SB77, s. 4749 Section 4749. 565.02 (4) (g) of the statutes is created to read:

SB77,1787,4 565.02 (4) (g) 1. Providing for the payment of an additional 0.5% rate of compensation to be paid to a retailer above the compensation provided under s. 565.14 (14) (b) 1. or 2. if the retailer meets certain sales or marketing goals established by the department. The goals may include all of the following:

SB77,1787,6 a. An increase in the number of lottery tickets or lottery shares that are sold by the retailer in the current calendar quarter over the previous calendar quarter.

SB77,1787,9 b. The largest increase in the state or county in which the retailer is located in the number of lottery tickets or lottery shares that are sold by the retailer in the current calendar quarter over the previous calendar quarter.

SB77,1787,11 c. The sale by a retailer of a winning lottery ticket or lottery share, whose prize is greater than $100,000.

SB77,1787,14 d. An increase in the number of different types of lottery tickets or lottery shares that are sold by the retailer in the current calendar year over the previous calendar year.

SB77,1787,19 2. At the time the department submits any proposed rules under this paragraph to the legislative council staff under s. 227.15 (1), the department shall also submit a copy of the proposed rules to every standing committee in the legislature that has subject matter jurisdiction over the state lottery, as determined by the speaker of the house and the president of the senate.

SB77, s. 4750 Section 4750. 565.02 (8) of the statutes is created to read:

SB77,1787,21 565.02 (8) The department shall do all of the following:

SB77,1787,23 (a) Subject to s. 565.25, provide all of the security services for the gaming operations under this chapter.

SB77,1787,24 (b) Monitor the regulatory compliance of gaming operations under this chapter.

SB77,1787,25 (c) Audit the gaming operations under this chapter.

SB77,1788,1 (d) Investigate suspected violations of this chapter.

SB77,1788,3 (e) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

SB77,1788,6 (f) If the division of criminal investigation in the department of justice chooses not to investigate a report under par. (e), coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.

SB77, s. 4751 Section 4751. 565.05 (1) (intro.) of the statutes is repealed and recreated to read:

SB77,1788,11 565.05 (1) (intro.) No employe of the department who performs any duty related to the state lottery or the executive assistant or the secretary or deputy secretary of revenue may do any of the following:

SB77, s. 4752 Section 4752. 565.05 (1) (a) of the statutes is repealed and recreated to read:

SB77,1788,16 565.05 (1) (a) Have a direct or indirect interest in, or be employed by, any vendor while serving as an employe in the department and performing any duty related to the state lottery or as the executive assistant or as secretary or deputy secretary of revenue or for 2 years following the person's termination of service.

SB77, s. 4753 Section 4753. 565.05 (2) (b) of the statutes is amended to read:

SB77,1788,21 565.05 (2) (b) Have any an ownership interest of 5% or more in or any partners, members or shareholders who have any an ownership interest of 5% or more in any vendor that is under contract to supply or that submits a bid or competitive sealed proposal to supply those goods or services.

SB77, s. 4754 Section 4754. 565.10 (1) of the statutes is amended to read:

SB77,1789,2 565.10 (1) Selection of retailers; retailer contract. Under rules promulgated by the board department under s. 565.02 (3) (b) and (4) (a), the administrator may contract with a person for the retail sale of lottery tickets or lottery shares. Retailers shall be selected for contract so as to provide adequate and convenient availability of lottery tickets and lottery shares to prospective buyers.

SB77, s. 4755 Section 4755. 565.10 (7) (b) of the statutes is amended to read:

SB77,1789,6 565.10 (7) (b) The administrator may, under rules promulgated by the board department, contract for a period that is shorter than 3 years in order to stagger lottery retailer contract expiration dates throughout a 3-year period.

SB77, s. 4756 Section 4756. 565.10 (8) of the statutes is amended to read:

SB77,1789,13 565.10 (8) Contract fees. A contract entered into under this section may require payment of a nonrefundable initial application fee or a nonrefundable annual fee for continuation, or both, in an amount promulgated by the board department by rule under s. 565.02 (4) (b). A separate nonrefundable fee, in an amount specified in rules promulgated under s. 565.02 (4) (b), may be required for each certificate of authority issued under sub. (11).

SB77, s. 4757 Section 4757. 565.10 (13) of the statutes is amended to read:

SB77,1789,22 565.10 (13) Bond. The commission [board] department may by rule under s. 565.02 (4) (d) require fidelity bonds from retailers. In lieu of a bond, the commission department may purchase blanket bonds covering all or selected retailers or may allow a retailer to deposit and maintain with the commission department interest-bearing or interest-accruing securities approved by the commission department. Such securities shall be held in trust by the commission department and shall have at all times a market value at least equal to the amount required by the commission department.

SB77, s. 4758 Section 4758. 565.10 (14) (b) of the statutes is amended to read:

SB77,1790,4 565.10 (14) (b) The basic compensation to be paid to a retailer is 5.5% of the retail price of lottery tickets or lottery shares sold by the retailer. The board department may, in the rules promulgated under s. 565.02 (4) (f), provide for the payment of a higher rate of compensation to nonprofit organizations making sales under a contract issued on a temporary basis than the rate of compensation paid to other retailers.

SB77, s. 4759 Section 4759. 565.10 (14) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB77,1790,9 565.10 (14) (b) 1. The basic compensation to be paid to a retailer for the sale of a lottery ticket or lottery share described under s. 565.01 (6m) (a) 2. is 5.5% of the retail price of lottery tickets or lottery shares sold by the retailer.

SB77,1790,12 2. The basic compensation to be paid to a retailer for the sale of a lottery ticket or lottery share described under s. 565.01 (6m) (a) 1. is 6% of the retail price of lottery tickets or lottery shares sold by the retailer.

SB77,1790,17 3. The department may, in the rules promulgated under s. 565.02 (4) (g), provide for the payment of an additional 0.5% rate of compensation to be paid to a retailer for the sale of a lottery ticket or lottery share described under s. 565.01 (6m) (a) 1. or 2., if the retailer meets certain sales or marketing goals established by the department.

SB77,1790,21 4. The department may, in the rules promulgated under s. 565.02 (4) (f), provide for the payment of a higher rate of compensation to nonprofit organizations making sales under a contract issued on a temporary basis than the rate of compensation paid to other retailers.

SB77, s. 4760 Section 4760. 565.10 (15) of the statutes is amended to read:

SB77,1791,2 565.10 (15) Remitting proceeds. A retailer shall, on a daily basis, unless another basis, but not less than weekly, is provided by the board department by rule, remit to the department the lottery proceeds from the sale of lottery tickets or lottery shares. The amount of compensation deducted by the retailer, if any, shall be indicated as a deduction from the total remitted.

SB77, s. 4761 Section 4761. 565.12 (2) of the statutes is amended to read: