Amendment ASA1-AB100

AB100-ASA1,1785,22 564.02 (2m) Conflicts of interest. (intro.) No employe in the division of gaming who performs any duty related to crane games or the executive assistant or the secretary or deputy secretary of administration and no member of such a person's immediate family, as defined in s. 19.42 (7), may, while that person is employed in such a capacity or for 2 years following the termination of his or her employment with the department, do any of the following:

AB100-ASA1, s. 3335 Section 3335. 564.02 (3) (c) of the statutes is amended to read:

AB100-ASA1,1785,25 564.02 (3) (c) The board department shall reimburse the department of justice for the services of the department of justice under this subsection.

AB100-ASA1, s. 3336 Section 3336. 564.02 (4) of the statutes is amended to read:

AB100-ASA1,1786,7 564.02 (4) Seizure and sale. The department of justice may seize any crane game owned by a person who is convicted under sub. (5) and may sell the crane game in the name of the state. The department of justice and its agents are exempt from all liability to the owner of the crane game for the seizure or sale of the crane game. The board department shall reimburse the department of justice for the services of the department of justice under this subsection.

AB100-ASA1, s. 3337 Section 3337. 565.01 (4f) of the statutes is created to read:

AB100-ASA1,1786,12 565.01 (4f) "Multijurisdictional" means pertaining to another state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico or any territory or possession of the United States of America or the government of Canada or any province thereof.

AB100-ASA1, s. 3338 Section 3338. 565.01 (4r) (a) of the statutes is amended to read:

AB100-ASA1,1786,15 565.01 (4r) (a) The fact that this state has a state lottery or participates in a multistate multijurisdictional lottery.

AB100-ASA1, s. 3339 Section 3339. 565.01 (6m) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1786,20 565.01 (6m) (a) (intro.) "The state lottery" means an enterprise, including a multistate multijurisdictional lottery in which the state participates, in which the player, by purchasing a ticket, is entitled to participate in a game of chance in which any of the following applies:

AB100-ASA1, s. 3340 Section 3340. 565.02 (1) (b) 4. of the statutes is amended to read:

AB100-ASA1,1786,23 565.02 (1) (b) 4. A violation of a provision of this chapter or rule of the board department relating to the state lottery.

AB100-ASA1, s. 3341 Section 3341. 565.02 (2) (b) of the statutes is amended to read:

AB100-ASA1,1787,3 565.02 (2) (b) The administrator shall appoint and supervise employes, as specified by the board department by rule under sub. (3) (a), as necessary to carry out the duties of the administrator.

AB100-ASA1, s. 3342 Section 3342. 565.02 (2) (c) 3. of the statutes is amended to read:

AB100-ASA1,1787,6 565.02 (2) (c) 3. A violation of a provision of this chapter or rule of the board department relating to the state lottery.

AB100-ASA1, s. 3343 Section 3343. 565.02 (3) (intro.) of the statutes is amended to read:

AB100-ASA1,1787,9 565.02 (3) (intro.) The board department shall promulgate all of the following rules:

AB100-ASA1, s. 4745m Section 4745m. 565.02 (3) (b) 6. of the statutes is amended to read:

AB100-ASA1,1787,12 565.02 (3) (b) 6. Qualifications for retailers, in addition to those under this section, as determined by the board department.

AB100-ASA1, s. 3344 Section 3344. 565.02 (4) (intro.) of the statutes is amended to read:

AB100-ASA1,1787,15 565.02 (4) (intro.) The board department may promulgate all of the following rules:

AB100-ASA1, s. 3345 Section 3345. 565.02 (4) (e) of the statutes is amended to read:

AB100-ASA1,1787,19 565.02 (4) (e) Establishing requirements for advertising of the state lottery, and any multistate multijurisdictional lotteries in which the state participates, that are in addition to those specified under s. 565.32.

AB100-ASA1, s. 3346 Section 3346. 565.02 (4) (f) of the statutes is amended to read:

AB100-ASA1,1787,23 565.02 (4) (f) Providing for payment of a rate of compensation that is higher than 5% the basic compensation under s. 565.10 (14) (b) for retailers that are nonprofit organizations.

AB100-ASA1, s. 3347 Section 3347. 565.02 (8) of the statutes is created to read:

AB100-ASA1,1787,25 565.02 (8) The department shall do all of the following:

AB100-ASA1,1788,2 (a) Subject to s. 565.25, provide all of the security services for the gaming operations under this chapter.

AB100-ASA1,1788,3 (b) Monitor the regulatory compliance of gaming operations under this chapter.

AB100-ASA1,1788,4 (c) Audit the gaming operations under this chapter.

AB100-ASA1,1788,5 (d) Investigate suspected violations of this chapter.

AB100-ASA1,1788,7 (e) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

AB100-ASA1,1788,10 (f) If the division of criminal investigation in the department of justice chooses not to investigate a report under par. (e), coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.

AB100-ASA1, s. 3348 Section 3348. 565.05 (1) (intro.) of the statutes is repealed and recreated to read:

AB100-ASA1,1788,15 565.05 (1) (intro.) No employe of the department who performs any duty related to the state lottery or the executive assistant or the secretary or deputy secretary of revenue may do any of the following:

AB100-ASA1, s. 3349 Section 3349. 565.05 (1) (a) of the statutes is repealed and recreated to read:

AB100-ASA1,1788,20 565.05 (1) (a) Have a direct or indirect interest in, or be employed by, any vendor while serving as an employe in the department and performing any duty related to the state lottery or as the executive assistant or as secretary or deputy secretary of revenue or for 2 years following the person's termination of service.

AB100-ASA1, s. 3350 Section 3350. 565.10 (1) of the statutes is amended to read:

AB100-ASA1,1789,2 565.10 (1) Selection of retailers; retailer contract. Under rules promulgated by the board department 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.

AB100-ASA1, s. 3351 Section 3351. 565.10 (7) (b) of the statutes is amended to read:

AB100-ASA1,1789,6 565.10 (7) (b) The administrator may, under rules promulgated by the board department, contract for a period that is shorter than 3 years in order to stagger lottery retailer contract expiration dates throughout a 3-year period.

AB100-ASA1, s. 3352 Section 3352. 565.10 (8) of the statutes is amended to read:

AB100-ASA1,1789,13 565.10 (8) Contract fees. A contract entered into under this section may require payment of a nonrefundable initial application fee or a nonrefundable annual fee for continuation, or both, in an amount promulgated by the board department by rule under s. 565.02 (4) (b). A separate nonrefundable fee, in an amount specified in rules promulgated under s. 565.02 (4) (b), may be required for each certificate of authority issued under sub. (11).

AB100-ASA1, s. 3353 Section 3353. 565.10 (13) of the statutes is amended to read:

AB100-ASA1,1789,22 565.10 (13) Bond. The commission department may by rule under s. 565.02 (4) (d) require fidelity bonds from retailers. In lieu of a bond, the commission department may purchase blanket bonds covering all or selected retailers or may allow a retailer to deposit and maintain with the commission department interest-bearing or interest-accruing securities approved by the commission department. Such securities shall be held in trust by the commission department and shall have at all times a market value at least equal to the amount required by the commission department.

AB100-ASA1, s. 3354 Section 3354. 565.10 (14) (b) of the statutes is amended to read:

AB100-ASA1,1790,4 565.10 (14) (b) The basic compensation to be paid to a retailer is 5.5% of the retail price of lottery tickets or lottery shares sold by the retailer. The board department may, in the rules promulgated under s. 565.02 (4) (f), provide for the payment of a higher rate of compensation to nonprofit organizations making sales under a contract issued on a temporary basis than the rate of compensation paid to other retailers.

AB100-ASA1, s. 3355 Section 3355. 565.10 (14) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,1790,9 565.10 (14) (b) 1. The basic compensation to be paid to a retailer for the sale of a lottery ticket or lottery share described under s. 565.01 (6m) (a) 2. is 5.5% of the retail price of lottery tickets or lottery shares sold by the retailer.

AB100-ASA1,1790,12 2. The basic compensation to be paid to a retailer for the sale of a lottery ticket or lottery share described under s. 565.01 (6m) (a) 1. is 7% of the retail price of lottery tickets or lottery shares sold by the retailer.

AB100-ASA1,1790,16 4. The department may, in the rules promulgated under s. 565.02 (4) (f), provide for the payment of a higher rate of compensation to nonprofit organizations making sales under a contract issued on a temporary basis than the rate of compensation paid to other retailers.

AB100-ASA1, s. 3356 Section 3356. 565.10 (15) of the statutes is amended to read:

AB100-ASA1,1790,22 565.10 (15) Remitting proceeds. A retailer shall, on a daily basis, unless another basis, but not less than weekly, is provided by the board department by rule, remit to the department the lottery proceeds from the sale of lottery tickets or lottery shares. The amount of compensation deducted by the retailer, if any, shall be indicated as a deduction from the total remitted.

AB100-ASA1, s. 3357 Section 3357. 565.12 (2) of the statutes is amended to read:

AB100-ASA1,1791,11 565.12 (2) If the administrator determines that the immediate suspension or termination of a lottery retailer contract entered into under s. 565.10 is necessary to protect the public interest or the security, integrity or fiscal responsibility of the lottery, the administrator may, without prior notice or hearing, suspend for a specified period or terminate the lottery retailer contract by mailing to the retailer a notice of suspension or termination that includes a statement of the facts or conduct that warrant the suspension or termination and a notice that the retailer may, within 30 days after the date on which the notice of suspension or termination is mailed, have the suspension or termination reconsidered by the administrator. If, upon reconsideration, the administrator affirms the determination to suspend or terminate the lottery retailer contract, the retailer shall be afforded an opportunity for a hearing before the board department to review the determination of the administrator.

AB100-ASA1, s. 3358 Section 3358. 565.12 (3) of the statutes is amended to read:

AB100-ASA1,1791,14 565.12 (3) The board department shall render the final decisions under s. 227.47 for all terminations and suspensions under subs. (1) and (2).

AB100-ASA1, s. 3359 Section 3359. 565.17 (5) (title) of the statutes is amended to read:

AB100-ASA1,1791,17 565.17 (5) (title) Board members and employes; certain Certain department employes.

AB100-ASA1, s. 3360 Section 3360. 565.17 (5) (a) of the statutes is repealed and recreated to read:

AB100-ASA1,1791,22 565.17 (5) (a) No employe of the department who performs any duty related to the state lottery or the executive assistant or the secretary or deputy secretary of revenue and no member of such a person's immediate family, as defined in s. 19.42 (7), may purchase a lottery ticket or lottery share.

AB100-ASA1, s. 3361 Section 3361. 565.25 (1m) of the statutes is amended to read:

AB100-ASA1,1792,16 565.25 (1m) Scope of authority. Subject to approval by the board secretary of revenue, the administrator may determine whether lottery functions shall be performed by department of revenue employes or by one or more persons under contract with the department of administration, except that no contract may provide for the entire management of the lottery or for the entire operation of the lottery by any private person. The department of administration may contract for management consultation services to assist in the management or operation of the lottery. The department of administration may not contract for financial auditing or security monitoring services, except that, if the department of administration delegates under s. 16.71 (1) to the department of revenue the authority to make a major procurement, the department of revenue may contract with the department of administration for warehouse and building protection services relating to the state lottery. If the department of administration delegates under s. 16.71 (1) to the department of revenue the authority to make a major procurement, the department of revenue shall assume the powers and duties of the department of administration and the administrator shall assume the powers and duties of the secretary of administration under this section and ss. 16.70 to 16.77, except under ss. 16.72 (4) (a), 16.76 (1) and 16.77 (1).

AB100-ASA1, s. 3362 Section 3362. 565.25 (2) (a) 6. of the statutes is amended to read:

AB100-ASA1,1792,23 565.25 (2) (a) 6. If the department of administration delegates under s. 16.71 (1) to the department of revenue the authority to make a major procurement, the award of the major procurement contract is subject to approval by the board and to the requirements in ss. 16.72 (4) (a) and 16.76 (1). Copies of requisitions and contracts for major procurements shall be maintained by the administrator and shall be subject to inspection and copying under subch. II of ch. 19.

AB100-ASA1, s. 3363 Section 3363. 565.25 (2) (c) of the statutes is amended to read:

AB100-ASA1,1793,5 565.25 (2) (c) A major procurement contract under this subsection may be for any term deemed to be in the best interests of the state lottery or the multistate multijurisdictional lottery in which the state participates, but the term and any provisions for renewal or extension shall be incorporated in the bid specifications or proposal solicitation and the contract document.

AB100-ASA1, s. 3364 Section 3364. 565.27 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1793,13 565.27 (1) Game features and procedures. (intro.) Subject to this section, the rules promulgated under s. 565.02 (3) (d) and (4) (a) and board approval by the secretary of revenue, the administrator shall determine the particular features of and procedures for each lottery game offered. The administrator shall recommend to the board for promulgation by rule under s. 565.02 (3) (d) the types of state or multistate lottery games to be offered. The features and procedures shall be in writing, shall be accessible to the public and shall include all of the following:

AB100-ASA1, s. 4769m Section 4769m. 565.27 (2) (a) of the statutes is amended to read:

AB100-ASA1,1793,17 565.27 (2) (a) The actual selection of any winning lottery ticket or lottery share may not be performed by an elected or appointed official, or an employe of the lottery division in the department or a member or employe of the board.

AB100-ASA1, s. 3365 Section 3365. 565.27 (2) (b) 4. of the statutes is amended to read:

AB100-ASA1,1793,22 565.27 (2) (b) 4. Any equipment used for the drawing must be inspected by a certified public accountant and a department employe before and after the drawing, except that a department employe is not required to inspect the equipment if the drawing is used for a multijurisdictional lottery.

AB100-ASA1, s. 3366 Section 3366. 565.30 (1) of the statutes is amended to read:

AB100-ASA1,1794,5 565.30 (1) Payment of prizes. The administrator shall direct the payment of a prize to the holder of the winning lottery ticket or lottery share or to a person designated under sub. (2), except that a prize may be paid to another person under a court order or to the estate of a deceased prize winner. The board, department, administrator, state and any contractor for materials, equipment or services of the game in which the prize is won are discharged of all liability upon payment of the prize to the holder of a winning lottery ticket or lottery share.

AB100-ASA1, s. 3367 Section 3367. 565.30 (3) (b) of the statutes is amended to read:

AB100-ASA1,1794,10 565.30 (3) (b) Retailer bonuses. Any bonuses offered by the board department to retailers who sell winning lottery tickets or lottery shares shall be paid to the retailer regardless of whether the prize is claimed if the retailer can be identified as the seller of the winning ticket or share.

AB100-ASA1, s. 3368 Section 3368 . 565.30 (5) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB100-ASA1,1795,10 565.30 (5) Withholding of delinquent state taxes, child support or debts owed the state. The administrator shall report the name, address and social security number of each winner of a lottery prize equal to or greater than $1,000 to the department of revenue to determine whether the payee of the prize is delinquent in the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139 or in court-ordered payment of child support or has a debt owing to the state. Upon receipt of a report under this subsection, the department of revenue shall first ascertain based on certifications by the department of workforce development or its designee under s. 49.855 (2) (1) whether any person named in the report is currently delinquent in court-ordered payment of child support and shall next certify to the administrator whether any person named in the report is delinquent in court-ordered payment of child support or payment of state taxes under ch. 71, 72, 76, 77, 78 or 139. Upon this certification by the department of revenue or upon court order the administrator shall withhold the certified amount and send it to the department of revenue for remittance to the appropriate agency or person. At the time of remittance, the department of revenue shall charge its administrative expenses to the state agency that has received the remittance. The administrative expenses received by the department of revenue shall be credited to the appropriation under s. 20.566 (1) (h). In instances in which the payee of the prize is delinquent both in payments for state taxes and in court-ordered payments of child support, or is delinquent in one or both of these payments and has a debt owing to the state, the amount remitted to the appropriate agency or person shall be in proportion to the prize amount as is the delinquency or debt owed by the payee.

AB100-ASA1, s. 3369 Section 3369. 565.32 (1) of the statutes is amended to read:

AB100-ASA1,1795,15 565.32 (1) Promotional advertising prohibition. The expenditure by the board, department or any other state agency of public funds or of revenues derived from lottery operations to engage in promotional advertising of the state lottery or any multistate multijurisdictional lottery is prohibited.

AB100-ASA1, s. 3370 Section 3370. 565.32 (2) (a) of the statutes is amended to read:

AB100-ASA1,1795,20 565.32 (2) (a) A retailer or a combination of retailers, a vendor or a combination of vendors or a combination of retailers and vendors may engage in promotional advertising of the state lottery or any multistate multijurisdictional lottery in which the state participates.

AB100-ASA1, s. 3371 Section 3371. 565.32 (3) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1795,24 565.32 (3) (a) (intro.) Any advertising, as defined by the board department by rule under s. 565.02 (3) (f), of the lottery which describes a specific lottery game and each lottery ticket and lottery share shall include:

AB100-ASA1, s. 3372 Section 3372. 565.37 (1) of the statutes is amended to read:

AB100-ASA1,1796,7 565.37 (1) Financial and performance audits. The department shall annually contract with the legislative audit bureau to conduct a financial audit of the transactions and accounts of the state lottery, and, to the extent of the department's participation, of any multistate multijurisdictional lotteries in which the state participates, for the preceding fiscal year and shall biennially contract with the legislative audit bureau for a performance audit of the state lottery and, to the extent of the department's participation, of those multistate multijurisdictional lotteries.