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 Tax 62.02 is repealed and recreated to read: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.
(8) (b) May not intentionally sell a break-open ticket to persons a person under 18 years of age.
(c) May not exchange break-open tickets with any other person or organization, including other Wisconsin lottery retailers.
(d) May not sell any break-open ticket at a price different than the price authorized by the Wisconsin lottery, condition the sale of a ticket upon the purchase of any other item or service , or impose any restriction upon the sale of a ticket unless specifically authorized by the executive director administrator.
(g) Shall May stamp each ticket with the retailer's identification number assigned by the Wisconsin lottery.
(9) (title) SALES AT UNAUTHORIZED LOCATIONS, OR BEFORE COMMENCEMENT OR AFTER CONCLUSION OF EVENT. The nonprofit organization retailer may not sell any break-open tickets purchased from the lottery under this chapter before the commencement or after the conclusion of any event specified in its retailer contract and certificate of authority. The retailer may not sell tickets purchased from the Wisconsin lottery under this chapter at locations which that are not specified in its contract and certificate of authority, consistent with s. Tax 63.04 (1).
(10) RESPONSIBILITY FOR TICKETS. (a) The nonprofit organization retailer shall be responsible for the condition and security of lottery tickets received. If the retailer's lottery tickets are lost, stolen, mutilated, damaged, unaccountable or otherwise unsalable, the retailer shall be solely responsible for those tickets. The executive director administrator may not reimburse the retailer for
such those losses.
(b) The nonprofit organization retailer shall report by telephone within 24 hours any stolen tickets to the director administrator of security in Madison, Wisconsin.
(11) (a) (intro.) The nonprofit organization retailer shall elect one of either of the following 2 payment options in its contract:
1. payment Payment by check or money order upon delivery of tickets to the retailer ; or .
2. payment Payment through an electronic funds fund transfer account which that shall be debited once a week by the Wisconsin lottery for tickets received the previous week.
SECTION 23. Tax 63.06 (11) (c) is repealed and recreated to read:
Tax 63.06 (11) (c) The administrator may accept returned tickets for credit only under the following circumstances:
1. If the tickets are defective, the administrator may allow the nonprofit organization retailer to make a return. The retailer shall return as many of the suspected defective tickets as is possible, using the original packaging materials if possible.
2. If the order was filled incorrectly by the Wisconsin lottery, the administrator may allow the nonprofit organization retailer to make a return. The retailer shall return any incorrectly shipped break-open tickets, using the original packaging materials if possible.
3. If the shipment of tickets is unopened by the nonprofit organization retailer, the administrator may allow the retailer to make a return. To be considered unopened, the package shall contain all the tickets that it contained when delivered to the retailer and have the original packaging and shipping seals intact and unopened.
SECTION 24. Tax 63.06 (11) (d), (12), (13), (14) and (15) (intro.), (a), (e), (f), (g) and (h) are amended to read:
Tax 63.06 (11) (d) The executive director administrator may assess the retailer a $20.00 surcharge for each dishonored check or electronic fund transfer.
(12) PRIZE REDEMPTION. The nonprofit organization retailer shall redeem all prizes from break-open tickets purchased at the eventfrom that retailer, on the day of sale and at the placelocation of sale.
(13) RIGHT TO APPEAL SUSPENSION OR TERMINATION. In the event the
executive director administrator suspends or terminates the nonprofit organization retailer's contract, the retailer is entitled to an appeal in
accord accordance with the provisions
in set forth under s.
Tax 61.10.
(14) SUSPENSION OR TERMINATION PROCEDURE. The nonprofit organization retailer, upon notice of suspension or termination, shall immediately stop selling lottery tickets. Within 2 weeks of the suspension or termination, the retailer shall make payment on any money owed to the Wisconsin lottery and surrender all unsold tickets and all state owned lottery property.
(15) (intro.) GROUNDS FOR SUSPENSION OR TERMINATION. The nonprofit organization retailer's contract may be suspended or terminated without prior notice by the Wisconsin lottery for any of the following reasons:
(a) The retailer fails to meet
any one or more of the qualifications for being a retailer under s.
565.10, Stats., or under the
commission Wisconsin lottery's administrative rules.
(e) The retailer endangers the security of the Wisconsin lottery.
(f) The retailer engages in fraud, deceit, misrepresentation , or other conduct prejudicial to public confidence in the Wisconsin lottery.
(g) The retailer fails to remit money owed to the Wisconsin lottery or fails at least 3 times to have sufficient funds available resulting in the electronic funds fund transfer, check or money order not clearing the bank.
(h) The retailer engages in telecommunication or printed advertising that in the executive director's
administrator's determination is false, deceptive or misleading ; or
.
Note to Revisor: Insert the following note at the end of Tax 63.06:
SECTION 25. Tax 63.07 and 63.08 are amended to read:
