565.015
565.015
Advisory referendum on additional forms of gambling. After January 1, 1993, neither house of the legislature may pass any bill that authorizes the conduct of any game specified in s.
565.01 (6m) (b), 1991 stats., unless, prior to the passage of that bill and during the same legislative session, all of the following occur:
565.015(1)
(1) A bill requiring a statewide advisory referendum on the question of whether the legislature should authorize the conduct of such a game has been enacted.
565.015(2)
(2) The advisory referendum required under
sub. (1) has been held.
565.015 History
History: 1991 a. 321.
565.02
565.02
Lottery operations. 565.02(1)(a)(a) Prior to appointing an administrator, the 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.
565.02(1)(b)
(b) Notwithstanding
s. 111.321, no person may serve as the administrator if he or she has been convicted of, or entered a plea of guilty or no contest to, any of the following:
565.02(1)(b)1.
1. A felony, other than a felony conviction for an offense under
subds. 2. to
4., during the immediately preceding 10 years, unless the person has been pardoned.
565.02(1)(b)4.
4. A violation of a provision of this chapter or rule of the department relating to the state lottery.
565.02(1)(c)
(c) Before appointment of an administrator is made, the department, with the assistance of the department of justice, shall conduct a background investigation of the proposed administrator. The department shall require the 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 department shall reimburse the department of justice for the department's services under this paragraph.
565.02(2)(a)(a) The administrator shall perform the duties assigned to the administrator under this chapter and by the secretary of revenue.
565.02(2)(b)
(b) The administrator shall appoint and supervise employes, as specified by the department by rule under
sub. (3) (a), as necessary to carry out the duties of the administrator.
565.02(2)(c)
(c) Notwithstanding
s. 111.321, no person may be employed under
par. (b) if he or she has been convicted of, or entered a plea of guilty or no contest to, any of the following:
565.02(2)(c)1.
1. A felony, other than a felony conviction for an offense under
subd. 2. or
3., during the immediately preceding 10 years, unless the person has been pardoned.
565.02(2)(c)3.
3. A violation of a provision of this chapter or rule of the department relating to the state lottery.
565.02(2)(d)
(d) Before appointment of employes is made under
par. (b), the department, with the assistance of the department of justice, shall conduct a background investigation of the proposed employes. The 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 department shall reimburse the department of justice for the department's services under this paragraph.
565.02(2m)
(2m) No applicant for employment or appointment under
sub. (1) or
(2) may intentionally make a false statement or material omission in an application for employment or appointment.
565.02(2r)
(2r) The department may require a fidelity bond from the administrator or any other employe of the lottery division in the department.
565.02(3)
(3) The department shall promulgate all of the following rules:
565.02(3)(a)
(a) Establishing a plan of organizational structure for lottery division employes.
565.02(3)(b)
(b) For the selection of retailers for contract which shall be based on objective criteria. The rule may not limit the number of retailers solely on the basis of the population of the city, town or village in which the retailers are located and shall include requirements relating to all of the following:
565.02(3)(b)2.
2. The security of the retailer and the retailer's business.
565.02(3)(b)3.
3. The accessibility of the location from which the retailer will sell lottery tickets or lottery shares to the public. Restrictions under
s. 125.07 relating to presence of underage persons on premises licensed to sell alcohol beverages may not be used under this subdivision to deny a person a lottery retailer contract.
565.02(3)(b)4.
4. The sufficiency of existing retailers to serve public convenience.
565.02(3)(b)5.
5. The volume of expected lottery ticket and lottery shares sales.
565.02(3)(b)6.
6. Qualifications for retailers, in addition to those under this section, as determined by the department.
565.02(3)(b)7.
7. Ensuring that there will not be an undue concentration of retailers in any geographic area of the state.
565.02(3)(c)
(c) Establishing requirements for information to be submitted with a bid or proposal by a person proposing to contract under
s. 565.25.
565.02(3)(g)
(g) Defining "lottery shares" for the purposes of this chapter.
565.02(3)(h)
(h) Establishing the circumstances and procedures under which a retailer may not be reimbursed if he or she accepts and directly pays a prize on an altered or forged lottery ticket or lottery share.
565.02(3)(i)
(i) Providing for terms of lottery retailer contracts for periods that are shorter than 3 years.
565.02(4)
(4) The department may promulgate all of the following rules:
565.02(4)(a)
(a) Implementing the provisions of this chapter.
565.02(4)(b)
(b) Establishing an amount to be charged as an initial application fee, as an annual fee for contract continuation or as a fee for issuance of a certificate of authority under
s. 565.10 (8).
565.02(4)(e)
(e) Establishing requirements for advertising of the state lottery, and any multijurisdictional lotteries in which the state participates, that are in addition to those specified under
s. 565.32.
565.02(4)(f)
(f) Providing for payment of a rate of compensation that is higher than the basic compensation under
s. 565.10 (14) (b) for retailers that are nonprofit organizations.
565.02(6)
(6) The department shall deposit all gross lottery revenues, as defined in
s. 25.75 (1) (b), in the lottery fund.
565.02(7)
(7) Not later than March 1 of each year, the 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 department that the committee has scheduled a meeting for the purpose of reviewing the department's proposed prize payouts, the 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 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 department's proposed prize payouts, the department's plans for the prize payouts for the subsequent fiscal year are considered approved by the committee.
565.02(8)
(8) The department shall do all of the following:
565.02(8)(a)
(a) Subject to
s. 565.25, provide all of the security services for the gaming operations under this chapter.
565.02(8)(b)
(b) Monitor the regulatory compliance of gaming operations under this chapter.
565.02(8)(c)
(c) Audit the gaming operations under this chapter.
565.02(8)(d)
(d) Investigate suspected violations of this chapter.
565.02(8)(e)
(e) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.
565.02(8)(f)
(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.
565.05
565.05
Conflicts of interest. 565.05(1)
(1) No employe in the lottery division of the department or the executive assistant or the secretary or deputy secretary of revenue may do any of the following:
565.05(1)(a)
(a) Have a direct or indirect interest in, or be employed by, any vendor while serving as an employe in the lottery division of the department or as the executive assistant or as secretary or deputy secretary of revenue or for 2 years following the person's termination of service.
565.05(1)(b)
(b) Have a direct or indirect interest in or be employed by a business which has entered into a retailer contract under
s. 565.10.
565.05(1)(d)
(d) Accept or agree to accept money or any other thing of value from any vendor, retailer or person who has submitted a bid, proposal or application to be a vendor or retailer.
565.05(2)
(2) A vendor selected to provide management consultation services described under
s. 565.01 (4c) (a) or
(b) may not do any of the following:
565.05(2)(a)
(a) Submit a bid or competitive sealed proposal with respect to those goods or services.
565.05(2)(b)
(b) Have any ownership interest in or any partners, members or shareholders who have any ownership interest in any vendor that is under contract to supply or that submits a bid or competitive sealed proposal to supply those goods or services.
565.10
565.10
Retailer contract. 565.10(1)(1)
Selection of retailers; retailer contract. Under rules promulgated by the 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.
565.10(2)
(2) Age restriction. No lottery retailer contract may be entered into with any person under 18 years of age. If the retailer is a partnership, this subsection applies to each partner of the partnership. If the retailer is a limited liability company, this subsection applies to each member of the limited liability company. If the retailer is an association or a corporation, this subsection applies to each officer and director of the association or corporation.
565.10(3)
(3) Felony and other violations restriction; delinquent taxes and contributions restriction. 565.10(3)(a)(a) Notwithstanding
s. 111.321, no lottery retailer contract may be entered into with a person if, during the immediately preceding 10 years, the person has been convicted of, or entered a plea of guilty or no contest to, any of the following, unless the person has been pardoned:
565.10(3)(a)4.
4. A violation of this chapter or any rule promulgated under this chapter.
565.10(3)(b)
(b) No lottery retailer contract may be entered into with a person who has been finally adjudged to be delinquent in the payment of taxes under
ch. 71,
72,
76,
77,
78 or
139 or who has been found delinquent in the payment of contributions to the unemployment reserve fund under
s. 108.16 in a proceeding under
s. 108.10 if the person remains delinquent in the payment of those taxes or contributions at the time the person seeks to enter into the lottery retailer contract.
565.10(3)(c)1.1. Except as provided in
subd. 4., if the retailer is a partnership,
pars. (a) and
(b) apply to the partnership and each partner of the partnership.
565.10(3)(c)1L.
1L. Except as provided in
subd. 4., if the retailer is a limited liability company,
pars. (a) and
(b) apply to the limited liability company and to each of its members.
565.10(3)(c)2.
2. Except as provided in
subd. 4., if the retailer is an association,
pars. (a) and
(b) apply to the association and each officer and director of the association.
565.10(3)(c)3.
3. Except as provided in
subd. 4., if the retailer is a corporation,
pars. (a) and
(b) apply to the corporation, each officer or director of the corporation and each owner, directly or indirectly, of any equity security or other ownership interest in the corporation. In the case of owners of publicly held securities of a publicly traded corporation,
pars. (a) and
(b) apply only to those persons who are beneficial owners of 5% or more of the publicly held securities.
565.10(3)(c)4.
4. The restrictions under
par. (a) do not apply to the partnership, limited liability company, association or corporation if the 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.
565.10(3m)
(3m) False statement or material omission. No retailer or person seeking a contract under this section may intentionally make a false statement or material omission in any disclosure statement required to obtain, retain or renew a retailer contract.
565.10(4)
(4) Exclusive business restriction. No lottery retailer contract may be entered into with any person who is engaged in business exclusively as a lottery ticket or lottery share retailer unless one of the following is true:
565.10(4)(a)
(a) The retailer contract is a temporary retailer contract.
565.10(4)(b)
(b) Subject to approval of each such retailer contract by the department, the retailer contract is with one of the following:
565.10(4)(b)1.
1. An individual who has a physical or mental disability which constitutes or results in a substantial handicap to his or her employment.
565.10(4)(b)2.
2. A group of individuals who have physical or mental disabilities which constitute or result in substantial handicaps to their employment.
565.10(4)(b)3.
3. A nonprofit organization, as defined in
s. 108.02 (19), whose primary purpose is to provide service to or for individuals who have physical or mental disabilities which constitute or result in substantial handicaps to their employment.
