Amendment ASA-AB150

AB150-ASA, s. 6958 Section 6958. 562.057 (4) of the statutes is amended to read:

AB150-ASA,2122,7 562.057 (4) The Subject to sub. (4m), the commission may permit a licensee under s. 562.05 (1) (b) to receive simulcast races from out-of-state racetracks not more than 9 simulcast races each year and, to conduct pari-mutuel wagering on those races and to commingle the licensee's wagering pools on those races with those of any out-of-state racetrack from which the licensee is permitted to receive simulcast races. The licensee shall use at least 4.5% of the total amount of intertrack and simulcast wagers for purses for races held at the racetrack at which the wagering was conducted. The commission may permit a licensee under s. 562.05 (1) (b) to simulcast races to any out-of-state legal wagering entity, and to commingle the licensee's wagering pools on those races with those of any out-of-state legal wagering entity to which the licensee is permitted to simulcast those races.

AB150-ASA, s. 6958m Section 6958m. 562.057 (4m) of the statutes is created to read:

AB150-ASA,2122,11 562.057 (4m) The commission may not permit a licensee under s. 562.05 (1) (b) to receive simulcast races under sub. (4) unless the commission determines that all of the following conditions are met:

AB150-ASA,2122,15 (a) 1. For a racetrack at which $25,000,000 or more was wagered during the calendar year immediately preceding the year in which the applicant proposes to conduct wagering on simulcast races, at least 250 race performances were conducted at the racetrack during that period.

AB150-ASA,2122,19 2. For a racetrack at which less than $25,000,000 was wagered during the calendar year immediately preceding the year in which the applicant proposes to conduct wagering on simulcast races, at least 200 race performances were conducted at the racetrack during that period.

AB150-ASA,2122,23 (b) Wagering on simulcast races will be conducted at the racetrack only as an adjunct to, and not in a manner that will supplant, wagering on live on-track racing at that racetrack, and wagering on simulcast races will not be the primary source of wagering revenue at that racetrack.

AB150-ASA,2122,25 (c) The conduct of wagering on simulcast races will not adversely affect the public health, welfare or safety.

AB150-ASA, s. 6959 Section 6959. 562.057 (5) of the statutes is created to read:

AB150-ASA,2123,2 562.057 (5) The commission shall promulgate rules administering sub. (4).

AB150-ASA, s. 6960 Section 6960. 562.065 (3) (a) of the statutes is amended to read:

AB150-ASA,2123,13 562.065 (3) (a) Deduction. From the total amount wagered on all animals selected to win, place or show in a race, a licensee under s. 562.05 (1) (b) and (c) shall deduct 17% or an amount approved by the commission under s. 562.02 (1) (k) up to 20% and pay the balance, minus breakage, to winning ticket holders, except that for a multiple pool, the licensee shall deduct 23% or an amount approved by the commission under s. 562.02 (1) (k) up to 25% and pay the balance, minus breakage, to winning ticket holders. Nothing in this paragraph prohibits the licensee from retaining amounts wagered in multiple pools which are required to be paid to winning ticket holders if there are no winning ticket holders, for the sole purpose of paying these amounts to winning ticket holders of subsequent races.

AB150-ASA, s. 6961 Section 6961. 562.065 (3) (b) of the statutes is amended to read:

AB150-ASA,2123,21 562.065 (3) (b) Purses. 1. For horse races, from the total amount deducted under par. (a) on each race day, the licensee under s. 562.05 (1) (b) shall use at least an amount equal to 8% of the total amount wagered on each race day for purses for races held on that race day, except as provided in s. 562.057 (3) (b) (4). The licensee shall pay purses directly to the owner of a horse or, if a horse is leased, the licensee shall pay the purse directly to the lessor and lessee of the horse as agreed in a written lease agreement on file with the licensee.

AB150-ASA,2124,4 2. For dog races, from the total amount deducted under par. (a) on each race day, the licensee under s. 562.05 (1) (b) shall use at least an amount equal to 4.5% of the total amount wagered on each race day for purses, except as provided in s. 562.057 (3) (b) (4). Purses shall be paid on or before Thursday of the calendar week immediately following the race day on which the purses are won. The licensee shall pay purses directly to the owner of a dog or, if a dog is leased, the licensee shall pay the purse directly to the lessor and lessee of the dog as agreed in a written lease agreement on file with the licensee.

AB150-ASA, s. 6961m Section 6961m. 562.065 (3) (b) 3. of the statutes is created to read:

AB150-ASA,2124,12 562.065 (3) (b) 3. In addition to the amounts required under subds. 1. and 2., if a licensee deducts under par. (a) more than 17% from the total amount wagered on all animals selected to win, place or show in a race or more than 23% from the total amount wagered on all animals for a multiple pool in a race, the licensee shall use for purses at least an amount that equals 4.5% of any amount that the licensee deducts as a result of increasing the deduction under par. (a) beyond the 17% and 23% levels.

AB150-ASA, s. 6962 Section 6962. 562.065 (3) (c) 2g. (intro.) and a. to d. of the statutes are amended to read:

AB150-ASA,2124,18 562.065 (3) (c) 2g. (intro.) For dog races, from the total amount deducted under par. (a) on each race day that is on or after January 1, 1993 the effective date of this subdivision .... [revisor inserts date], a licensee under s. 562.05 (1) (b) shall deposit with the commission the following amounts:

AB150-ASA,2124,21 a. Two One percent of the total amount wagered on that race day if the total amount wagered on all previous race days during the year is not more than $25,000,000.

AB150-ASA,2124,24 b. Two and two-thirds percent of the total amount wagered on that race day if the total amount wagered on all previous race days during the year is more than $25,000,000 but not more than $100,000,000.

AB150-ASA,2125,3 c. Four and two-thirds percent of the total amount wagered on that race day if the total amount wagered on all previous race days during the year is more than $100,000,000 but not more than $150,000,000.

AB150-ASA,2125,6 d. Six and two-thirds percent of the total amount wagered on that race day if the total amount wagered on all previous race days during the year is more than $150,000,000 but not more than $200,000,000 $250,000,000.

AB150-ASA, s. 6963 Section 6963. 562.065 (3) (c) 2g. e. of the statutes is repealed.

AB150-ASA, s. 6964 Section 6964. 562.065 (3) (c) 2g. f. of the statutes is amended to read:

AB150-ASA,2125,11 562.065 (3) (c) 2g. f. Eight and two-thirds percent of the total amount wagered on that race day if the total amount wagered on all previous race days during the year is more than $250,000,000.

AB150-ASA, s. 6975 Section 6975. 562.09 (2) (b) 2. of the statutes is amended to read:

AB150-ASA,2125,19 562.09 (2) (b) 2. The commission shall require, by rule, that immediately after every race the animal which won the race, at least one animal selected at random and any additional animals, as identified by the commission rule, shall be tested to determine if a medication or foreign substance has been administered to the animal in violation of sub. (1). A steward or veterinarian employed by, under contract with or approved by the commission may designate additional animals to be tested to determine whether a violation of sub. (1) has occurred.

AB150-ASA, s. 6976 Section 6976. 563.05 (6) of the statutes is amended to read:

AB150-ASA,2125,23 563.05 (6) The commission shall deposit all moneys received by the commission under this chapter, except s. 563.80, in the appropriation account under s. 20.197 (1) (g) (j).

AB150-ASA, s. 6977 Section 6977. 564.02 (2) (g) of the statutes is amended to read:

AB150-ASA,2126,3 564.02 (2) (g) The commission shall deposit all moneys received by the commission under this subsection in the appropriation account under s. 20.197 (1) (g) (j).

AB150-ASA, s. 6977b Section 6977b. 565.01 (1) of the statutes is amended to read:

AB150-ASA,2126,6 565.01 (1) "Administrator" means the administrator of the lottery division in the department.

AB150-ASA, s. 6977c Section 6977c. 565.01 (2) of the statutes is created to read:

AB150-ASA,2126,9 565.01 (2) "Department" means the department of revenue, except as otherwise expressly provided.

AB150-ASA, s. 6977d Section 6977d. 565.01 (4c) (a) of the statutes is amended to read:

AB150-ASA,2126,13 565.01 (4c) (a) The development of a specification related to a bid or competitive sealed proposal to supply goods or services to the commission department relating to the state lottery.

AB150-ASA, s. 6977f Section 6977f. 565.01 (4c) (b) of the statutes is amended to read:

AB150-ASA,2126,16 565.01 (4c) (b) The evaluation of a bid or competitive sealed proposal to supply goods or services to the commission department relating to the state lottery.

AB150-ASA, s. 6977h Section 6977h. 565.01 (6) of the statutes is amended to read:

AB150-ASA,2126,20 565.01 (6) "Retailer" means a person who sells lottery tickets or lottery shares on behalf of the commission department under the terms of a lottery retailer contract entered into under s. 565.10.

AB150-ASA, s. 6977j Section 6977j. 565.01 (6m) (b) 9. (intro.) of the statutes is amended to read:

AB150-ASA,2127,2 565.01 (6m) (b) 9. (intro.) Any game or device that is commonly known as a video game of chance or a video gaming machine or that is commonly known as or considered to be a video gambling machine, except a video device authorized by the commission department to permit the sale of tickets by retailers in a game authorized under par. (a) if all of the following apply:

AB150-ASA, s. 6977L Section 6977L. 565.01 (6m) (b) 11. of the statutes is amended to read:

AB150-ASA,2127,6 565.01 (6m) (b) 11. Any other game that is commonly considered to be a form of gambling and is not, or is not substantially similar to, a game that the commission department has the authority to conduct under this chapter.

AB150-ASA, s. 6977m Section 6977m. 565.017 of the statutes is created to read:

AB150-ASA,2127,9 565.017 Recommendation of proposed rules by the department. The department may recommend proposed rules to the board.

AB150-ASA, s. 6977n Section 6977n. 565.02 (1) (a) of the statutes is amended to read:

AB150-ASA,2127,15 565.02 (1) (a) Prior to appointing an administrator, the commission department shall conduct a nationwide search to find the best, most qualified appointee and consider the business management experience, marketing experience, computer experience and lottery management experience of the applicants.

AB150-ASA, s. 6977p Section 6977p. 565.02 (1) (b) 4. of the statutes is amended to read:

AB150-ASA,2127,18 565.02 (1) (b) 4. A violation of a provision of this chapter or rule of the commission board.

AB150-ASA, s. 6977r Section 6977r. 565.02 (1) (c) of the statutes is amended to read:

AB150-ASA,2128,4 565.02 (1) (c) Before appointment of an administrator is made, the commission department, with the assistance of the department of justice, shall conduct a background investigation of the proposed administrator. The commission department shall require the propose proposed administrator to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. The commission department shall reimburse the department of justice for the department's services under this paragraph.

AB150-ASA, s. 6977t Section 6977t. 565.02 (2) (a) of the statutes is amended to read:

AB150-ASA,2128,7 565.02 (2) (a) The administrator shall perform the duties assigned to the administrator under this chapter and by the commission secretary of revenue.

AB150-ASA, s. 6978 Section 6978. 565.02 (2) (b) of the statutes is amended to read:

AB150-ASA,2128,12 565.02 (2) (b) The administrator shall appoint and supervise employes, including, outside the classified service, the deputy and assistant of the lottery division, as specified by the commission by rule under sub. (3) (a), as necessary to carry out the duties of the commission and administrator.

AB150-ASA, s. 6978b Section 6978b. 565.02 (2) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,2128,17 565.02 (2) (b) The administrator shall appoint and supervise employes, as specified by the commission board by rule under sub. (3) (a), as necessary to carry out the duties of the commission and administrator.

AB150-ASA, s. 6978c Section 6978c. 565.02 (2) (c) 3. of the statutes is amended to read:

AB150-ASA,2128,20 565.02 (2) (c) 3. A violation of a provision of this chapter or rule of the commission board.

AB150-ASA, s. 6978d Section 6978d. 565.02 (2) (d) of the statutes is amended to read:

AB150-ASA,2129,6 565.02 (2) (d) Before appointment of employes is made under par. (b), the commission department, with the assistance of the department of justice, shall conduct a background investigation of the proposed employes. The commission department shall require the persons proposed as employes to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. The commission department shall reimburse the department of justice for the department's services under this paragraph.

AB150-ASA, s. 6978e Section 6978e. 565.02 (2r) of the statutes is amended to read:

AB150-ASA,2129,9 565.02 (2r) The commission department may require a fidelity bond from the administrator or any other employe of the lottery division in the department.

AB150-ASA, s. 6978f Section 6978f. 565.02 (3) (intro.) of the statutes is amended to read:

AB150-ASA,2129,12 565.02 (3) (intro.)  The commission board shall promulgate all of the following rules:

AB150-ASA, s. 6978g Section 6978g. 565.02 (3) (b) 6. of the statutes is amended to read:

AB150-ASA,2129,15 565.02 (3) (b) 6. Qualifications for retailers, in addition to those under this section, as determined by the commission board.

AB150-ASA, s. 6978gm Section 6978gm. 565.02 (3) (e) of the statutes is repealed.

AB150-ASA, s. 6978h Section 6978h. 565.02 (4) (intro.) of the statutes is amended to read:

AB150-ASA,2129,19 565.02 (4) (intro.) The commission board may promulgate all of the following rules:

AB150-ASA, s. 6978i Section 6978i. 565.02 (6) of the statutes is amended to read:

AB150-ASA,2129,22 565.02 (6) The commission department shall deposit all gross lottery revenues, as defined in s. 25.75 (1) (b), in the lottery fund.

AB150-ASA, s. 6978j Section 6978j. 565.02 (7) of the statutes is amended to read:

AB150-ASA,2130,16 565.02 (7) Not later than March 1 of each year, the commission department shall submit to the joint committee on finance a report that includes an estimate for that fiscal year and for the subsequent fiscal year of the gross revenues from the sale of lottery tickets and lottery shares, the total amount paid as prizes and the prize payout ratio for each type of lottery game offered, and an evaluation of the effect of prize payout ratios of lottery games on lottery sales, lottery operating costs and on maximizing the revenue available for the lottery property tax credit. If, within 14 working days after the date on which the committee receives the report, the cochairpersons of the committee notify the commission department that the committee has scheduled a meeting for the purpose of reviewing the commission's department's proposed prize payouts, the commission department may proceed with its plans for the prize payouts for the subsequent fiscal year only upon approval of the plans by the committee. If the cochairpersons of the committee do not notify the commission department within 14 working days after the date on which the committee receives the report that the committee has scheduled a meeting for the purpose of reviewing the commission's department's proposed prize payouts, the commission's department's plans for the prize payouts for the subsequent fiscal year are considered approved by the committee.

AB150-ASA, s. 6978k Section 6978k. 565.05 (1) (intro.) of the statutes is amended to read:

AB150-ASA,2130,20 565.05 (1) (intro.)  No member or employe of the commission board, secretary of revenue, deputy secretary of revenue or employe in the lottery division of the department may do any of the following:

AB150-ASA, s. 6978L Section 6978L. 565.05 (1) (a) of the statutes is amended to read:

AB150-ASA,2130,25 565.05 (1) (a) Have a direct or indirect interest in or be employed by any vendor while serving as a commission member or employe of the board, secretary of revenue, deputy secretary of revenue or employe in the lottery division of the department or for 2 years following the member's or employe's person's termination of service.

AB150-ASA, s. 6978m Section 6978m. 565.10 (1) of the statutes is amended to read:

AB150-ASA,2131,6 565.10 (1) Selection of retailers; retailer contract. Under rules promulgated by the commission board 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.

AB150-ASA, s. 6978n Section 6978n. 565.10 (3) (c) 4. of the statutes is amended to read:

AB150-ASA,2131,15 565.10 (3) (c) 4. The restrictions under par. (a) do not apply to the partnership, limited liability company, association or corporation if the commission department determines that the partnership, limited liability company, association or corporation has terminated its relationship with the partner, member, officer, director or owner who was convicted or entered the plea or with the partner, member, officer, director, owner or other individual whose actions directly contributed to the partnership's, limited liability company's, association's or corporation's conviction or entry of plea.

AB150-ASA, s. 6978no Section 6978no. 565.10 (4) (b) (intro.) of the statutes is amended to read:

AB150-ASA,2131,18 565.10 (4) (b) (intro.) Subject to approval of each such retailer contract by the commission department, the retailer contract is with one of the following:

AB150-ASA, s. 6978p Section 6978p. 565.10 (5) (a) of the statutes is amended to read:

AB150-ASA,2131,25 565.10 (5) (a) In entering into a lottery retailer contract with state agencies, other than the commission department, and agencies of local units of government, the administrator shall attempt to minimize the competitive effect of sales by the state or local agencies on other retailers. An application for a retailer contract by a local unit of government shall be approved by the governing body of the local unit of government.