AB100: Bill Text

AB100, s. 4740 Section 4740. 565.02 (1) (a) of the statutes is repealed.

AB100, s. 4741 Section 4741. 565.02 (1) (b) 4. of the statutes is amended to read:

AB100,1785,24 565.02 (1) (b) 4. A violation of a provision of this chapter or rule of the board department relating to the state lottery.

AB100, s. 4742 Section 4742. 565.02 (2) (b) of the statutes is amended to read:

AB100,1786,3 565.02 (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, s. 4743 Section 4743. 565.02 (2) (c) 3. of the statutes is amended to read:

AB100,1786,6 565.02 (2) (c) 3. A violation of a provision of this chapter or rule of the board department relating to the state lottery.

AB100, s. 4744 Section 4744. 565.02 (3) (intro.) of the statutes is amended to read:

AB100,1786,9 565.02 (3) (intro.) The board department shall promulgate all of the following rules:

AB100, s. 4745 Section 4745. 565.02 (3) (b) of the statutes is repealed and recreated to read:

AB100,1786,12 565.02 (3) (b) For the selection of retailers for contract which shall be based on objective criteria.

AB100, s. 4746 Section 4746. 565.02 (4) (intro.) of the statutes is amended to read:

AB100,1786,15 565.02 (4) (intro.) The board department may promulgate all of the following rules:

AB100, s. 4747 Section 4747. 565.02 (4) (e) of the statutes is amended to read:

AB100,1786,19 565.02 (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, s. 4748 Section 4748. 565.02 (4) (f) of the statutes is amended to read:

AB100,1786,23 565.02 (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, s. 4749 Section 4749. 565.02 (4) (g) of the statutes is created to read:

AB100,1787,4 565.02 (4) (g) 1. Providing for the payment of an additional 0.5% rate of compensation to be paid to a retailer above the compensation provided under s. 565.14 (14) (b) 1. or 2. if the retailer meets certain sales or marketing goals established by the department. The goals may include all of the following:

AB100,1787,6 a. An increase in the number of lottery tickets or lottery shares that are sold by the retailer in the current calendar quarter over the previous calendar quarter.

AB100,1787,9 b. The largest increase in the state or county in which the retailer is located in the number of lottery tickets or lottery shares that are sold by the retailer in the current calendar quarter over the previous calendar quarter.

AB100,1787,11 c. The sale by a retailer of a winning lottery ticket or lottery share, whose prize is greater than $100,000.

AB100,1787,14 d. An increase in the number of different types of lottery tickets or lottery shares that are sold by the retailer in the current calendar year over the previous calendar year.

AB100,1787,19 2. At the time the department submits any proposed rules under this paragraph to the legislative council staff under s. 227.15 (1), the department shall also submit a copy of the proposed rules to every standing committee in the legislature that has subject matter jurisdiction over the state lottery, as determined by the speaker of the house and the president of the senate.

AB100, s. 4750 Section 4750. 565.02 (8) of the statutes is created to read:

AB100,1787,21 565.02 (8) The department shall do all of the following:

AB100,1787,23 (a) Subject to s. 565.25, provide all of the security services for the gaming operations under this chapter.

AB100,1787,24 (b) Monitor the regulatory compliance of gaming operations under this chapter.

AB100,1787,25 (c) Audit the gaming operations under this chapter.

AB100,1788,1 (d) Investigate suspected violations of this chapter.

AB100,1788,3 (e) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

AB100,1788,6 (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, s. 4751 Section 4751. 565.05 (1) (intro.) of the statutes is repealed and recreated to read:

AB100,1788,11 565.05 (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, s. 4752 Section 4752. 565.05 (1) (a) of the statutes is repealed and recreated to read:

AB100,1788,16 565.05 (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, s. 4753 Section 4753. 565.05 (2) (b) of the statutes is amended to read:

AB100,1788,21 565.05 (2) (b) Have any an ownership interest of 5% or more in or any partners, members or shareholders who have any an ownership interest of 5% or more in any vendor that is under contract to supply or that submits a bid or competitive sealed proposal to supply those goods or services.

AB100, s. 4754 Section 4754. 565.10 (1) of the statutes is amended to read:

AB100,1789,2 565.10 (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, s. 4755 Section 4755. 565.10 (7) (b) of the statutes is amended to read:

AB100,1789,6 565.10 (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, s. 4756 Section 4756. 565.10 (8) of the statutes is amended to read:

AB100,1789,13 565.10 (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, s. 4757 Section 4757. 565.10 (13) of the statutes is amended to read:

AB100,1789,22 565.10 (13) Bond. The commission [board] 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, s. 4758 Section 4758. 565.10 (14) (b) of the statutes is amended to read:

AB100,1790,4 565.10 (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, s. 4759 Section 4759. 565.10 (14) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,1790,9 565.10 (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.

AB100,1790,12 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 6% of the retail price of lottery tickets or lottery shares sold by the retailer.

AB100,1790,17 3. The department may, in the rules promulgated under s. 565.02 (4) (g), provide for the payment of an additional 0.5% rate of 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. or 2., if the retailer meets certain sales or marketing goals established by the department.

AB100,1790,21 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, s. 4760 Section 4760. 565.10 (15) of the statutes is amended to read:

AB100,1791,2 565.10 (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, s. 4761 Section 4761. 565.12 (2) of the statutes is amended to read:

AB100,1791,16 565.12 (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, s. 4762 Section 4762. 565.12 (3) of the statutes is amended to read:

AB100,1791,19 565.12 (3) The board department shall render the final decisions under s. 227.47 for all terminations and suspensions under subs. (1) and (2).

AB100, s. 4763 Section 4763. 565.17 (5) (title) of the statutes is amended to read:

AB100,1791,22 565.17 (5) (title) Board members and employes; certain Certain department employes.

AB100, s. 4764 Section 4764. 565.17 (5) (a) of the statutes is repealed and recreated to read:

AB100,1792,2 565.17 (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, s. 4765 Section 4765. 565.25 (1m) of the statutes is amended to read:

AB100,1792,21 565.25 (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, s. 4766 Section 4766. 565.25 (2) (a) 6. of the statutes is amended to read:

AB100,1793,3 565.25 (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.