AB100: Bill Text Engrossed

AB100-engrossed,2072,12 565.27 (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-engrossed, s. 4771 Section 4771. 565.30 (1) of the statutes is amended to read:

AB100-engrossed,2072,20 565.30 (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-engrossed, s. 4772 Section 4772. 565.30 (3) (b) of the statutes is amended to read:

AB100-engrossed,2072,25 565.30 (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-engrossed, s. 4774 Section 4774 . 565.30 (5) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB100-engrossed,2073,25 565.30 (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-engrossed, s. 4776 Section 4776. 565.32 (1) of the statutes is amended to read:

AB100-engrossed,2074,5 565.32 (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-engrossed, s. 4777 Section 4777. 565.32 (2) (a) of the statutes is amended to read:

AB100-engrossed,2074,10 565.32 (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-engrossed, s. 4778 Section 4778. 565.32 (3) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,2074,14 565.32 (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-engrossed, s. 4779 Section 4779. 565.37 (1) of the statutes is amended to read:

AB100-engrossed,2074,22 565.37 (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.

AB100-engrossed, s. 4780 Section 4780. 565.37 (2) of the statutes is amended to read:

AB100-engrossed,2075,3 565.37 (2) Independent postaudit. At no less than 3-year intervals, the department may retain an independent certified public accountant to conduct a postaudit of all the lottery division's accounts and transactions. The department shall provide copies of each such postaudit to the legislative audit bureau, the board and the department of justice.

AB100-engrossed, s. 4781 Section 4781. 565.37 (3) of the statutes is amended to read:

AB100-engrossed,2075,8 565.37 (3) Department report. The department shall submit quarterly reports on the operation of the lottery to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2) and to the governor, attorney general, state treasurer, secretary of state, board and state auditor.

AB100-engrossed, s. 4782m Section 4782m. 565.37 (4) of the statutes is amended to read:

AB100-engrossed,2075,11 565.37 (4) Administrator report. The administrator shall submit monthly financial reports to the board secretary of revenue.

AB100-engrossed, s. 4783 Section 4783. 565.40 (1) of the statutes is amended to read:

AB100-engrossed,2075,17 565.40 (1) Investigations. The department of justice may investigate any activities by the board, vendors, or employes in the department, which affect the operation or administration of the state lottery or any multistate multijurisdictional lottery in which the state participates, and shall report suspected violations of state or federal law to the appropriate prosecuting authority.

AB100-engrossed, s. 4784 Section 4784. 565.45 of the statutes is amended to read:

AB100-engrossed,2075,23 565.45 Report on expense limitation. Before January 1, 1992, and every 2 years thereafter, the department shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), on the effects on the operation of the lottery of the 15% 10% expense limitation under s. 25.75 (3) (b).

AB100-engrossed, s. 4785 Section 4785. 565.46 of the statutes is amended to read:

AB100-engrossed,2076,6 565.46 Minority advertising, procurements, retailers and hiring. The board department shall promulgate rules establishing goals that attempt to increase the total amount of expenditures by the department for advertising, public relations and other procurements that are directed to minority businesses, the number of retailers that are minority businesses and the number of employes of the lottery division in the department who are minority group members.

AB100-engrossed, s. 4786 Section 4786. 569.01 (1) of the statutes is renumbered 569.01 (1g).

AB100-engrossed, s. 4787 Section 4787. 569.01 (1e) of the statutes is created to read:

AB100-engrossed,2076,9 569.01 (1e) "Department" means the department of administration.

AB100-engrossed, s. 4788 Section 4788. 569.015 of the statutes is created to read:

AB100-engrossed,2076,15 569.015 Indian gaming. (1) The secretary of administration shall appoint a director of Indian gaming, who shall advise the secretary on matters relating to Indian gaming and who shall assist the department in performing the functions of the department under this chapter. The director of Indian gaming shall serve at the pleasure of the secretary of administration.

AB100-engrossed,2076,19 (2) The secretary of administration shall appoint an attorney, whose duties shall include advising the secretary of administration and the governor on any Indian gaming compacts that may be entered into under s. 14.035. The attorney shall serve at the pleasure of the secretary of administration.

AB100-engrossed, s. 4789 Section 4789. 569.02 (intro.) of the statutes is amended to read:

AB100-engrossed,2076,23 569.02 (title) Indian gaming; general duties of board. (intro.) Under the direction of the board secretary of administration, the separate subunit established in the board under s. 561.14 director of Indian gaming shall do all of the following:

AB100-engrossed, s. 4790 Section 4790. 569.03 of the statutes is created to read:

AB100-engrossed,2077,2 569.03 Indian gaming security. The department may do any of the following:

AB100-engrossed,2077,4 (1) Provide all of the security services for the Indian gaming operations under this chapter.

AB100-engrossed,2077,6 (2) Monitor the regulatory compliance of Indian gaming operations under this chapter and under any Indian gaming compact entered into under s. 14.035.

AB100-engrossed,2077,7 (3) Audit the Indian gaming operations under this chapter.

AB100-engrossed,2077,8 (4) Investigate suspected violations of this chapter.

AB100-engrossed,2077,10 (5) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

AB100-engrossed,2077,13 (6) If the division of criminal investigation in the department of justice chooses not to investigate a report under sub. (5), coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.

AB100-engrossed, s. 4791 Section 4791. 569.04 (1) of the statutes is amended to read:

AB100-engrossed,2077,19 569.04 (1) In accordance with an Indian gaming compact or with the regulations of or an agreement with the national Indian gaming commission, the board department shall certify and conduct background investigations of a person proposing to be an Indian gaming vendor and of employes of Indian tribes who are engaged in the conduct of gaming.

AB100-engrossed, s. 4792 Section 4792. 569.04 (2) of the statutes is amended to read:

AB100-engrossed,2078,2 569.04 (2) The board department shall require the persons who are subject to the background investigations under sub. (1) to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. Notwithstanding ss. 111.321, 111.322 and 111.335, the department of justice may submit the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

AB100-engrossed, s. 4793 Section 4793. 569.06 of the statutes is amended to read:

AB100-engrossed,2078,6 569.06 Indian gaming receipts. Indian gaming receipts shall be credited to the appropriation accounts under ss. 20.197 (1) (h) and 20.455 (2) (gc) and 20.505 (8) (h) as specified under ss. 20.197 (1) (h) and 20.455 (2) (gc) and 20.505 (8) (h).

AB100-engrossed, s. 4794 Section 4794. 600.01 (1) (b) 8. of the statutes is amended to read:

AB100-engrossed,2078,12 600.01 (1) (b) 8. Guarantees of the Wisconsin housing and economic development authority Housing and Economic Development Authority under ss. 234.67, 234.68, 234.69, 234.765, 234.82, s. 234.68, 1995 stats., s. 234.69, 1995 stats., s. 234.765, 1995 stats., s. 234.82, 1995 stats., s. 234.87, 1995 stats., and ss. 234.67, 234.83, 234.84, 234.87 234.88, 234.90, 234.905, 234.907 and 234.91.

AB100-engrossed, s. 4794c Section 4794c. 600.01 (1) (b) 9. of the statutes is created to read:

AB100-engrossed,2078,17 600.01 (1) (b) 9. The publication and clearinghouse activities described in subd. 9. c., the association undertaking those activities, with respect to those activities, and the association's periodic publication resulting from and furthering those activities if all of the following apply:

AB100-engrossed,2078,19 a. The publication and clearinghouse activities are undertaken by an association that is organized not for profit for religious and charitable purposes.

AB100-engrossed,2078,21 b. The publication activities of the association are limited to subscribers who are members of the same church or religious denomination.

AB100-engrossed,2079,2 c. The publication activities of the association function as an organizational clearinghouse that matches subscribers to the publications of the association who have financial, physical or medical needs and subscribers to the publications of the association who desire to financially assist with those needs and who have a present ability to pay.

AB100-engrossed,2079,6 d. Although the association, through its publications, may suggest voluntary payment levels between subscribers described in subd. 9. c., the association and the subscribers do not assume any risk or make any promise of payment by the association or any subscribers.

AB100-engrossed,2079,10 e. The association provides to each subscriber a written monthly statement that lists the total dollar amount of qualified needs submitted for publication in the previous month and the total dollar amount of qualified needs submitted that were actually published and assigned for payment.

AB100-engrossed,2079,14 f. On or accompanying all written materials distributed by or on behalf of the association, including applications, guidelines, promotional or informational materials and periodic publications, the association provides the following written disclaimer:

AB100-engrossed,2079,15 ATTENTION

AB100-engrossed,2079,22 This publication is not issued by an insurance company, nor is it offered through an insurance company. This publication does not guarantee or promise that your medical bills will be published or assigned to others for payment. Whether anyone chooses to pay your medical bills is entirely voluntary. This publication should never be considered a substitute for an insurance policy. Whether or not you receive any payments for medical expenses, and whether or not this publication continues to operate, you are responsible for the payment of your own medical bills.

AB100-engrossed,2079,24 g. No payments between subscribers described in subd. 9. c. are made through the association.

AB100-engrossed, s. 4794m Section 4794m. 600.01 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-engrossed,2080,4 600.01 (2) (b) Group or blanket insurance described in sub. (1) (b) 3. and 4. is not exempt from s. ss. 632.745, 632.747 or to 632.749 or ch. 633 or 635.

AB100-engrossed, s. 4795 Section 4795. 601.41 (1) of the statutes is amended to read:

AB100-engrossed,2080,9 601.41 (1) Duties. The commissioner shall administer and enforce chs. 153 and 600 to 655 and ss. 59.52 (11) (c), 66.184 and 120.13 (2) (b) to (g) and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

AB100-engrossed, s. 4796 Section 4796 . 601.41 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,2080,15 601.41 (1) Duties. The commissioner shall administer and enforce chs. 600 to 655 and ss. 59.52 (11) (c), 66.184 and, 120.13 (2) (b) to (g), 149.13 and 149.144 and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

AB100-engrossed, s. 4796m Section 4796m. 601.415 (4) of the statutes is repealed.

AB100-engrossed, s. 4797 Section 4797. 601.415 (12) of the statutes is created to read:

AB100-engrossed,2080,21 601.415 (12) Health insurance risk-sharing plan. The commissioner shall perform the duties specified to be performed by the commissioner in ss. 149.13 and 149.144. The commissioner, or his or her designee, shall serve as a member of the board under s. 149.15.

AB100-engrossed, s. 4798 Section 4798. 601.429 of the statutes is repealed.

AB100-engrossed, s. 4801 Section 4801. 601.64 (1) of the statutes is amended to read:

AB100-engrossed,2081,5 601.64 (1) Injunctions and restraining orders. The commissioner may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction or by temporary restraining order any violation of chs. 600 to 655, s. 149.13 or 149.144, any rule promulgated under chs. 600 to 655 or any order issued under s. 601.41 (4). Except as provided in s. 641.20, the commissioner need not show irreparable harm or lack of an adequate remedy at law in an action commenced under this subsection.

AB100-engrossed, s. 4802 Section 4802. 601.64 (3) (a) of the statutes is amended to read:

AB100-engrossed,2081,10 601.64 (3) (a) Restitutionary forfeiture. Whoever violates an effective order issued under s. 601.41 (4) or, any insurance statute or rule or s. 149.13 or 149.144 shall forfeit to the state twice the amount of any profit gained from the violation, in addition to any other forfeiture or penalty imposed.

AB100-engrossed, s. 4803 Section 4803. 601.64 (3) (c) of the statutes is amended to read:

AB100-engrossed,2081,18 601.64 (3) (c) Forfeiture for violation of statute or rule. Whoever violates an insurance statute or rule or s. 149.13 or 149.144, intentionally aids a person in violating an insurance statute or rule or s. 149.13 or 149.144 or knowingly permits a person over whom he or she has authority to violate an insurance statute or rule or s. 149.13 or 149.144 shall forfeit to the state not more than $1,000 for each violation. If the statute or rule imposes a duty to make a report to the commissioner, each week of delay in complying with the duty is a new violation.

AB100-engrossed, s. 4804 Section 4804. 601.64 (4) of the statutes is amended to read:

AB100-engrossed,2082,2 601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally permits any person over whom he or she has authority to violate or intentionally aids any person in violating any insurance statute or rule of this state , s. 149.13 or 149.144 or any effective order issued under s. 601.41 (4) may, unless a specific penalty is provided elsewhere in the statutes, be fined not more than $10,000 if a corporation or if a natural person be fined not more than $5,000 or imprisoned for not to exceed 3 years or both. Intent has the meaning expressed under s. 939.23.

AB100-engrossed, s. 4804b Section 4804b. 609.77 of the statutes is created to read:

AB100-engrossed,2082,6 609.77 Coverage of breast reconstruction. Health maintenance organizations, limited service health organizations and preferred provider plans are subject to s. 632.895 (13).

AB100-engrossed, s. 4804c Section 4804c. 609.78 of the statutes is created to read:

AB100-engrossed,2082,11 609.78 Coverage of treatment for the correction of temporomandibular disorders. Health maintenance organizations, limited service health organizations and preferred provider plans are subject to s. 632.895 (11).

AB100-engrossed, s. 4804e Section 4804e. 609.79 of the statutes is created to read:

AB100-engrossed,2082,16 609.79 Coverage of hospital and ambulatory surgery center charges and anesthetics for dental care. Health maintenance organizations, limited service health organizations and preferred provider plans are subject to s. 632.895 (12).

AB100-engrossed, s. 4808 Section 4808. 613.03 (3) of the statutes is amended to read:

AB100-engrossed,2082,22 613.03 (3) Applicability of insurance laws. Except as otherwise specifically provided, service insurance corporations organized or operating under this chapter are subject to subch. II of ch. 619 and ss. 610.01, 610.11, 610.21, 610.23 and 610.24 and chs. 600, 601, 609, 617, 620, 623, 625, 627, 628, 631, 632, 635 and 645 and to no other insurance laws.

AB100-engrossed, s. 4809 Section 4809. 613.03 (4) of the statutes is created to read: