Analysis Prepared by the Wisconsin Gaming Commission
WGC 45.01 is created to provide a purpose statement related to the granting of raffle licenses.
WGC 45.02 is created to provide distinction between a Class A raffle license and a Class B raffle license. The determining factor between the two licenses is that a Class A raffle ticket can be sold prior to drawing date and a Class B raffle ticket can only be sold on the same day of the raffle drawing.
WGC 45.03 is created to establish the requirements of a Class A raffle license. This rule sets forth the parameters of the raffle ticket, the conduct of the sale of tickets and the procedures for the raffle drawing.
WGC 45.04 is created to establish the requirements of a Class B raffle license. This rule sets forth the parameters of the raffle ticket, the conduct of the sale of tickets and the procedures for the raffle drawing.
WGC 45.05 is created to establish the license fees as provided under s. 563.92 (1), Stats.
Emergency Rules
The rules will be promulgated as emergency rules effective the date of publication in the official state newspaper. The projected date of publication is November 17, 1995.
Initial Regulatory Flexibility Analysis
There is no effect on small businesses.
Reference to Applicable Forms
Not applicable.
Fiscal Estimate
Sections WGC 45.01 - 45.05 Wis. Adm. Code, have no fiscal impact on the state. The identified license fees have been previously paid to the Commission as authorized under s. 563.92, Stats.
Agency Contact Person
Daniel J. Subach, Racing Analyst
Division of Racing
Wisconsin Gaming Commission
150 E. Gilman Street
P.O. Box 8979
Madison, Wisconsin 53708-8979
Tel. (608) 264-6652
Fax: (608) 267-4879
Text of Rules
SECTION 1. WGC 45.01 is created to read:
WGC 45.01 Purpose. The purpose of this chapter is to establish procedures relative to the conduct of raffles.
SECTION 2. WGC 45.02 is created to read:
WGC 45.02 Licenses. The commission may issue a Class A license for the conduct of a raffle in which some or all of the tickets for that raffle are sold on days other than the same day as the raffle drawing. The commission may issue a Class B license for the conduct of a raffle in which all of the tickets for that raffle are sold on the same day as the raffle drawing.
SECTION 3. WGC 45.03 is created to read:
WGC 45.03 Class A License. All of the following shall apply to the conduct of a raffle under a Class A license:
(1) All raffle tickets and all calendars shall be identical in form and include:
(a) The number of the license issued by the commission.
(b) The name and address of the sponsoring organization.
(c) The price of the ticket or calendar and the discounted price, if any, applicable to multiple raffle ticket or calendar purchases.
(d) A place for the purchaser to enter his or her name and address.
(e) The date, time and place of the drawing or drawings.
(f) A list of each prize to be awarded which has a retail value of $500 or more.
(2) Each raffle ticket and each calendar sold by an organization shall include a separate identification number, printed on both the purchaser's and organization's portion of the ticket or calendar, numbered consecutively in relation to the other tickets or calendars for the same drawing.
(3) No raffle ticket may exceed $50 in cost.
(4) No calendar may exceed $10 in cost for each month covered by the calendar.
(5) No person may sell a raffle ticket or calendar unless authorized by an organization licensed under this chapter.
(6) Tickets for a proposed raffle may not be offered for sale more than 180 days before the raffle drawing.
(7) All raffle drawings shall be held in public.
(8) All prizes shall be awarded. The purchaser of a ticket or calendar need not be present at the drawing to win a prize.
(9) If a raffle drawing is canceled, the organization shall refund the receipts to the ticket or calendar purchasers.
(10) The organization that holds a raffle drawing shall furnish a list of prize winners to each ticket or calendar holder who provides the organization with a self-addressed stamped envelope and requests the list.
SECTION 4. WGC 45.04 is created to read:
WGC 45.04 Class B License. All of the following shall apply to the conduct of a raffle under a Class B license:
(1) All raffle tickets shall be identical in form.
(2) The raffle tickets need not be numbered consecutively.
(3) No raffle ticket may exceed $10 in cost.
(4) No person may sell a raffle ticket or calendar unless authorized by an organization with a Class B license.
(5) All raffle drawings shall be held in public.
(6) The purchaser of a ticket may claim the prize if the purchaser must leave prior to the drawing.
(a) The purchaser of a raffle ticket sold by an authorized organization with a Class B license pursuant to s. 563.935, Stats., may claim the prize if the purchaser must leave before the drawing. To be eligible to claim the prize, the purchaser shall give their ticket to an individual that will be in attendance at the time of the drawing to claim the prize on their behalf. If the purchaser chooses not to give their ticket to another individual prior to the drawing to act as their representative, the purchaser may present the ticket to a designated representative of the authorized organization for a refund. In the event the individual leaves prior to the drawing and does not give their ticket to another individual to claim the prize on their behalf or request a refund, the purchaser surrenders all rights to claim the prize or receive a refund. If a ticket is presented for refund, the seller shall immediately void the ticket. The individual designated to issue refunds on behalf of the organization shall be identified at the start of the event in which the raffle shall be conducted. The purchaser shall not hold the organization or the commission responsible for any disputes which may arise regarding ownership claim of any ticket.
(7) All prizes shall be awarded.
(8) The time of the drawing and prizes to be awarded, the prize amount or the methodology used to determine the prize amount shall be posted or announced before the drawing.
(9) If a raffle drawing is canceled, the organization shall refund the receipts to the ticket purchasers.
SECTION 5. WGC 45.05 is created to read:
WGC 45.05 License fees. The fee for each type of raffle license shall be $25 and shall be remitted with the application. A raffle license shall be valid for 12 months and may be renewed as provided in s. 563.98 (1g), Stats. The commission shall issue the license within 30 days after the filing of an application if the applicant qualifies under s. 563.90, Stats., and has not exceeded the limits of s. 563.91, Stats.
Health & Social Services
(Health, Chs. HSS 110--)
Notice is hereby given that pursuant to s. 150.03, Stats., the Department of Health and Social Services will hold a public hearing to consider the amendment of ss. HSS 122.06 and 122.07, Wis. Adm. Code, relating to criteria for prior review and approval of up to three pilot projects that propose to demonstrate the worth of new nursing home designs, and the emergency rules now in effect on the same subject.
Hearing Information
January 18, 1996 Room 572C
Thursday State Office Building
10:00 a.m. to 12:00 p.m. 1 W. Wilson Street
Madison, WI
The public hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Social Services
A capital expenditure by or on behalf of a nursing home that exceeds $1,000,000 is subject to prior review and approval by the Department under subch. II of ch. 150, Stats. An approved project has a maximum cost per bed limit computed under s. HSS 122.07 (1) (c).
The Legislature in s. 10 of 1993 Wis. Act 290 directed the Department to study the issue of the relationship between the design and construction of nursing homes and the formula for determining approvable proposed bed costs under s. HSS 122.07 within the context of health care cost containment.
The Department on January 31, 1995 submitted its report to the Legislature on nursing home design and construction in relation to the formula for determining maximum bed costs. While the study dealt primarily with traditional nursing home designs, the Department stated in the report that its Division of Health was developing rules to permit the study of new nursing home designs which increase capital costs per bed but decrease operating costs. The rules would increase the maximum allowable cost per bed for projects that will permit study of the impact of nursing home design and management approaches on the health of nursing home residents and the cost of care. New nursing home designs may exceed the maximum costs per bed but reduce operating costs.
The Department on November 29, 1995 published the rules by emergency order because of the length of the permanent rulemaking process and also the length of the Department's project approval process which cannot begin until the rules are in effect. The Department sought to act quickly to improve care for nursing home residents and possibly lower the overall costs of care.
These are the permanent rules to replace the emergency rules. Like the emergency rules, they increase the cost per bed maximum for two or three pilot projects that will demonstrate new nursing home designs. They also establish conditions for the announcement and acceptance of applications, criteria for review of applications and a selection process when there are more applicants that meet the requirements for project approval than can be approved.
Contact Person
To find out more about the hearing or to request a copy of the rules, write or phone:
Connie Miller
Division of Health
P.O. Box 1808
Madison, Wisconsin 53701-1808
608/266-0999 or,
if you are hearing impaired,
608/266-1511
If you are hearing- or visually-impaired, do not speak English or have other circumstances which might make communication at the hearing difficult, and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
