(c) The retailer failed to sell a monthly minimum of $400 worth of instant scratch tickets each month, under s.
Tax 61.04 (1) (d) ; .
(d) The retailer intentionally sold a lottery ticket to a person under 18 ; years of age.
(e) The retailer endangered the security of the Wisconsin lottery ; .
(f) The retailer engaged in fraud, deceit, misrepresentation or other conduct prejudicial to public confidence in the Wisconsin lottery ; .
(g) The retailer failed to remit money owed to the Wisconsin lottery or failed at least 3 times to make payment on or before the settlement date ; .
(h) The retailer engaged in telecommunication or printed advertising of lottery products or services, or both, that in the executive director's administrator's determination was false, deceptive , or misleading ; or
.
Note to Revisor: Insert the following note at the end of Tax 61.08:
SECTION 11. Tax 61.09 and 61.10 are amended to read:
Tax 61.09 Limitation on length of suspension. A suspension shall be limited to a maximum of 45 calendar days, during which time the executive director administrator shall consider the appropriate permanent action to be taken, including, but not limited to, termination of the retailer contract.
Note to Revisor: Insert the following note at the end of Tax 61.09:
61.10 Appeal procedure for a contract termination. (1) The executive director administrator shall give the retailer written notice of the retailer's terminated contract and state the grounds for the termination. The retailer shall also be notified that a request for a reconsideration must be made by the retailer within 30 calendar days and that the request must contain the information in sub. (2).
(2) Within 30 calendar days of the mailing of the notice of the termination, the retailer may request a reconsideration by filing with the executive director administrator a written statement setting forth the retailer's legal, factual , or equitable arguments and submitting any supporting documents. The request for reconsideration shall be deemed filed on the date it is received by the executive director administrator.
(3) Within 20 calendar days of receipt of the filing
request for reconsideration, the executive director may
administrator may, in writing, request the retailer to submit any additional facts, legal and equitable arguments , or documents
which the executive director that the administrator deems necessary to make a determination.
(4) The Wisconsin lottery's legal counsel shall compile all relevant correspondence, lottery accounting records , and all materials submitted to the executive director
administrator by the retailer for reconsideration. Legal counsel shall then review the file, research, if necessary, the applicable laws and rules , and prepare an analysis and recommendation for the executive director's administrator's consideration.
(5) The
executive director administrator, after considering all the facts and arguments submitted by the retailer, and legal counsel's recommendation, shall independently evaluate whether to either reinstate or terminate the contract. Within 45 calendar days of the
executive director's administrator's receipt of the
filing request for reconsideration or any supplemental information and documentation requested, the
executive director administrator shall notify the retailer, in writing, of the determination. If the contract is terminated, the notification shall include a statement setting forth the reasons for the termination and notifying the retailer of the right to a hearing under s.
227.42, Stats. The retailer shall also be notified that a request for a hearing must be made by the retailer within 20
calendar days and that the request
must contain the information in sub. (6).
Note to Revisor: Remove the note at the end of sub. (5).
(6) (intro.) Within 20 calendar days of the
administrator's mailing of the final determination
by the executive director, the retailer may
in writing request
, in writing, a hearing under s.
227.42, Stats. A request shall be deemed filed on the date
it is received by the
executive director administrator. A request for a hearing under s.
227.42 Stats., shall contain all of the following:
(a) The retailer's name and address ; .
(b) The reasons why a retailer requests a hearing ;
.
(c) The facts which that the retailer intends to prove at the hearing ; .
(d) A description of the mistake the retailer believes was made, if the retailer claims that the termination of contract is based on a mistake in fact or in law ; and .
(e) Any supporting documents not previously submitted to the executive director administrator.
(7) Within 20 calendar days of receipt of a request for hearing, the
executive director administrator shall
in writing grant or deny the request for a hearing
, in writing, under s.
227.42, Stats. A hearing shall be granted if the criteria under s.
227.42 (1), Stats., are met. The
executive director administrator shall reasonably notify the retailer of the time and place of the hearing. The
executive director
administrator shall inform the retailer
, in writing
, of the reason for denying a hearing.
(8) In the event that neither the retailer nor the retailer's representative appears at the time and place designated for the hearing, the executive director administrator may take action based upon the record as submitted. By failing to appear, the retailer waives any further right to appeal before the Wisconsin lottery.
Note to Revisor: Insert the following note at the end of Tax 61.10:
SECTION 12. Tax 62.01 is amended to read:
Tax 62.01 Purpose. The purpose of this chapter is to provide the executive director administrator with procedures regarding the Wisconsin lottery's major procurements.
Note to Revisor: Insert the following note at the end of Tax 62.01:
SECTION 13. Tax 62.02 is repealed and recreated to read:
Tax 62.02 Definitions. In this chapter:
(1) “Administrator" has the meaning specified in s.
Tax 61.02 (1).
(2)
“Major procurement" has the meaning specified in s.
565.01 (4), Stats.
(3)
“Wisconsin lottery" has the meaning specified in s.
Tax 61.02 (9).
SECTION 14. Tax 62.20 is amended to read:
Tax 62.20 Appeal. (1) RIGHT TO APPEAL. (a) Any vendor , who submitted a competitive bid in response to a request for proposal or request for bid for a major procurement, and who is aggrieved by the executive director's administrator's notice of intent to contract with another vendor, may appeal the executive director's administrator's decision.
(b) The vendor shall file a written notice of the intent to appeal with the executive director administrator no later than 5 working days after the issuance of the executive director's administrator's notice of intent to contract
with another vendor. The notice of appeal shall be deemed to be filed on the day it is received by the executive director
administrator.
(c) The vendor shall file the written appeal, fully identifying the contested issues , with the executive director administrator no later than 10 working days after the issuance of the executive director's administrator's intent to contract with another vendor. The appeal shall allege a violation of a state statute or the Wisconsin administrative code. The written appeal shall be deemed to be filed on the day it is received by the executive director administrator.
(2) AUTHORITY TO RESOLVE AN APPEAL. The executive director administrator may settle and resolve an appeal. A settlement or resolution under this subsection may include the issuance of a new request for proposal or request for bid.
(3) DECISION. Unless more time is required to conduct an investigation, the executive director administrator shall issue a written decision on the appeal to the vendor within 10 working days of receipt of the appeal. The executive director's administrator's decision may include the issuance of a new request for proposal or request for bid.
(4) STATE OF PROCUREMENTS DURING AN APPEAL. During the appeal process, the executive director administrator may not proceed further with the award of the contested contract until a decision is rendered on the appeal, unless the executive director administrator determines that the award of the contract without delay is necessary to protect substantial interests of the state.
Note to Revisor: Insert the following note at the end of Tax 62.20:
SECTION 15. Tax 63.01 is amended to read:
Tax 63.01 Purpose. The purpose of this chapter is to provide the executive director administrator with the procedures and criteria for contracting with nonprofit organizations to sell break-open lottery tickets for a higher rate of compensation, to establish the nonprofit organization retailer's duties and obligations under the contract, to provide the executive director administrator with the procedures and criteria to terminate or suspend the retailer's contract , and to provide the applicant and nonprofit organization retailer an appeal procedure if a contract is denied or a contract is terminated or suspended.
Note to Revisor: Insert the following note at the end of Tax 63.01:
SECTION 16. Tax 63.02 is repealed and recreated to read:
Tax 63.02 Definitions. In this chapter:
(1) “Administrator" has the meaning specified in s.
Tax 61.02 (1).
(2) “Break-open ticket" means a ticket issued by the Wisconsin lottery that is made of laminated paper, partially perforated to permit strips to be torn from one side to reveal play symbols beneath, from which it can be immediately determined whether the ticket is a winner.
(3) “Location" means the place at which the nonprofit organization has been granted the authority to sell lottery tickets or shares by the administrator.
(4) “Nonprofit organization" has the meaning specified in s.
565.10 (14), Stats.
(5) “Wisconsin lottery" has the meaning specified in s.
Tax 61.02 (9).
Note to Revisor: Insert the following note at the end of Tax 63.02:
SECTION 17. Tax 63.03 is amended to read:
Tax 63.03 Application to become a nonprofit organization retailer. (1) Any nonprofit organization may apply for a contract to sell break-open tickets by completing the application for a nonprofit organization retailer sales contract prescribed by the director administrator and submitting it to the Wisconsin lottery. Applications are available upon request by writingcontacting the Wisconsin Lottery, 1802 West Beltline Highway, P.O. Box 8941, Madison, WI 53708-8941 lottery. A nonrefundable check for $25.00 made payable to the Wisconsin lottery shall accompany each application for a contract.
Note to Revisor: Insert the following note at the end of sub. (1):
Note: Applications and application fees should be mailed or delivered to Wisconsin Lottery, 2135 Rimrock Road, PO Box 8941, Madison WI 53708-8941.
(2) The
executive director administrator shall examine the completed application, and based on criteria under s.
565.10 (2) to
(5) and
(14), Stats., shall either grant
a contract or deny the application. The
executive director administrator shall
either grant
the contract or deny the
applicant a contract application within 35 business days after
receipt by the Wisconsin lottery
of receives the completed application and application fee under sub. (1).
Note to Revisor: Insert the following note at the end of Tax 63.03:
SECTION 18. Tax 63.04 (1) is amended to read:
Tax 63.04 (1) When a nonprofit organization is awarded a contract or a contract renewal under this chapter, the organization shall pay $10.00 to the Wisconsin lottery for a nonassignable and nontransferable certificate of authority. Included as an addendum to the certificate shall be a list from the contract document, specifying the date, times , and location for each eventlocations at which the nonprofit organization retailer is authorized to sell break-open tickets. Except as otherwise provided in this section, a certificate of authority may authorize sales at more than one event
location.
SECTION 19. Tax 63.04 (2) (intro.) is renumbered Tax 63.04 (2) and amended to read:
Tax 63.04 (2) The certificate of authority shall be temporary, limiting nonprofit organization retailer sales to specified
events locations. A certificate of authority and any amendment of it may authorize a nonprofit organization retailer to sell Wisconsin lottery break-open tickets at
either: more than one location, provided the contract document and certificate indicate a single permanent primary location from which the contract and certificate may not be transferred, in accordance with s. 565.10(10) and (12), Stats. Any other locations that are subsequently amended to the contract and certificate may not be considered as permanent primary locations.
SECTION 20. Tax 63.04 (2) (a) and (b) are repealed.
SECTION 21. Tax 63.04 (3), (4) and (5) are amended to read:
Tax 63.04 (3) If the certificate is lost, mutilated or destroyed, the nonprofit organization retailer shall within 15 calendar days request in writing and submit a completed application for a duplicate certificate. The retailer shall pay $10.00 by check to the Wisconsin lottery for a duplicate certificate of authority.
(4) A mutilated certificate shall be surrendered to the executive director administrator upon issuance of a duplicate. A lost certificate, when found, shall be surrendered to the executive director administrator within 15 calendar days of its recovery.
(5) If an organization wishes to sell Wisconsin lottery break-open tickets at an event a location not specified in its retailer contract, it shall apply to the Wisconsin lottery for an amendment to its retailer contract and to its certificate of authority and pay a fee of $10.00. The application for an amendment and a check for $10.00 must be received approved by the Wisconsin lottery at least 15
calendar days before the subject event nonprofit organization begins selling break-open tickets at the new location.
Note to Revisor: 1) Insert the following note at the end of Tax 63.04:
2) Insert the following note at the end of Tax 63.05:
SECTION 22. Tax 63.06 (1), (2), (3), (5), (6), (7), (8) (b), (c), (d) and (g), (9), (10) and (11) (a) are amended to read:
Tax 63.06 (1) CONTRACT PERIOD AND SALES AUTHORIZATION. The contract shall remain in effect for at least no less than one year and shall expire on the date shown on the certificate of authority. The retailer does not have a substantial interest in, or a vested or equitable right to , a contract renewal.
(2) CONTRACT NOT ASSIGNABLE OR TRANSFERABLE. The contract may not be assigned or transferred from one organization or
permanent primary location to another.
The list of contract locations may be amended by the administrator using the amendment process under s. Tax 63.04(5), provided that any amendment is consistent specifically with s. Tax 63.04(2) and all other applicable administrative rules.
(3) NONPROFIT ORGANIZATION RETAILER IS NOT AN EMPLOYEE OR AGENT OF THE STATE. The nonprofit organization retailer is not an employee or agent of the state of Wisconsin , and is not entitled to any right, privilege , or benefit which
that would accrue to an employee or agent of the state of Wisconsin.
(5) COMPLIANCE WITH STATE LAW AND RULES. During the term of the nonprofit organization retailer contract, the retailer shall comply with ch.
565, Stats., the
commission's Wisconsin lottery's administrative rules
, and any other applicable state law and administrative rules.
(6) CERTIFICATE OF AUTHORITY. The certificate of authority is not assignable and not or transferable and must shall be conspicuously displayed at every event location where there are sales authorized by the certificate.
(7) NOTIFICATION OF CHANGES IN THE NONPROFIT ORGANIZATION RETAILER'S APPLICATION. (a) The nonprofit organization retailer shall in writing notify the executive director administrator, in writing, within 15 calendar days of every change of its organization organizational structure, including but not limited to changes from unincorporated to incorporated status.
(b) The nonprofit organization retailer shall in writing notify the executive director administrator, in writing, at least 30 calendar days in advance of any change in the nonprofit organization retailer's official mailing address.
(c) The nonprofit organization retailer shall
in writing notify the
executive director administrator, in writing, within 15 calendar days if the retailer, or any of the retailer's officers or directors, as described under s.
565.10 (3), Stats., has been convicted of or pleaded guilty or no contest to a felony, a gambling related offense , or fraud or misrepresentation in any connection.
