(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:
Tax 63.07 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 nonprofit organization retailer contract.
Note to Revisor: Insert the following note at the end of Tax 63.07:
Tax 63.08 Prize structure of nonprofit organization retailer break-open ticket games. The executive director administrator shall offer nonprofit organization retailers under this chapter a selection of at least 2 break-open ticket games with prize structures ranging from not less than 50% of sales to not more than 80% of sales.
Note to Revisor: 1) Insert the following note at the end of Tax 63.08:
2) Insert the following note at the end of Tax 63.09:
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See PDF for diagram 
The rules contained in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s.
227.22 (2) (intro.), Stats.
Initial Regulatory Flexibility Analysis
This proposed order does not have a significant economic impact on a substantial number of small businesses.
Fiscal Effect
The proposed rule revises the administration of nonprofit retailer contracts, and updates definitions and terminology and makes other changes to reflect current policies and to conform with Legislative Council Rules Clearinghouse standards. It has no effect on lottery sales or operating costs.
Notice of Hearings
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1),
227.11 (2) (a), and
348.25 (3), Stats., and interpreting ss.
348.26 (4) and
348.27 (7), Stats., the Department of Transportation will hold a public hearing at the following locations to consider the amendment of chs.
Trans 260 and
261, Wis. Adm. Code, relating to single and multiple trip permits for mobile homes and modular building sections:
Thursday, September 6, 2001
Hill Farms State Transportation Building
4802 Sheboygan Avenue, Room 144-B
Madison, Wisconsin
9:00 a.m.
Friday, September 7, 2001
City Council Chambers
City Hall Plaza
Marshfield, Wisconsin
10:00 a.m.
NOTE: This hearing is being conducted at two locations in order to give the public greater opportunity to present its facts, arguments and opinions. The records from both locations will be combined into a single Hearing Record on which the Department will base its decisions. Individuals need only attend one of the public hearings for their testimony to be fully considered.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business on Monday, September 17, 2001, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Kathleen Nichols, Department of Transportation, Motor Carrier Services Section, Room 151, P. O. Box 7981, Madison, WI 53707-7981.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule
This proposed rule amends ss.
Trans 260.09 and
261.09, which establish the dimensions for single and multiple trip permits for oversize mobile homes or modular building sections. The proposed rule will allow a maximum width of 15 feet, and a maximum height of 15 feet for multiple trip permits. The proposed rule will also provide a uniform method for measuring the dimensions of single and multiple trip oversize mobile home or modular building sections. This proposed change was requested by the Wisconsin Manufactured Housing Association.
Fiscal Effect
The Department estimates that there will be no fiscal impact from the promulgation of this proposed rule on the liabilities or revenues of any county, city, village, town, school district, technical college district, or sewerage district.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Proposed Rule
Copies of this proposed rule may be obtained upon request, without cost, by writing to Kathleen Nichols, Wisconsin Department of Transportation, Division of Motor Vehicles, Motor Carrier Services Section, Room 151, P. O. Box 7981, Madison, WI 53707-7981, or by calling (608) 266-6648. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396. Alternate formats of the proposed rule will be provided to individuals at their request.
