1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.

2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.

3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.

These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.

Copies of this proposed rule are available without cost upon request to:

Notice is hereby given that pursuant to s. 561.02, Stats., and interpreting ss. 563.92 (1) and (1m), 563.93 and 563.935, Stats., the Wisconsin Gaming Commission will hold public hearings at the Wisconsin Gaming Commission's Capitol Office situated at 150 East Gilman Street, in the city of Madison, Wisconsin, on Monday, the 8th day of January, 1996, at 10:00 a.m. and on Monday, the 5th day of February, 1996 at 10:00 a.m., to consider the creation of ss. WGC 45.01, 45.02, 45.03, 45.04 and 45.05; Wis. Adm. Code, relating to licensing requirements for the conduct of a raffle. Attendance at this meeting is not mandatory for raffle license holders.

WGC 45.01 is created to provide a purpose statement related to the granting of raffle licenses.

WGC 45.02 is created to provide distinction between a Class A raffle license and a Class B raffle license. The determining factor between the two licenses is that a Class A raffle ticket can be sold prior to drawing date and a Class B raffle ticket can only be sold on the same day of the raffle drawing.

WGC 45.03 is created to establish the requirements of a Class A raffle license. This rule sets forth the parameters of the raffle ticket, the conduct of the sale of tickets and the procedures for the raffle drawing.

WGC 45.04 is created to establish the requirements of a Class B raffle license. This rule sets forth the parameters of the raffle ticket, the conduct of the sale of tickets and the procedures for the raffle drawing.

WGC 45.05 is created to establish the license fees as provided under s. 563.92 (1), Stats.

The rules will be promulgated as emergency rules effective the date of publication in the official state newspaper. The projected date of publication is November 17, 1995.

There is no effect on small businesses.

Not applicable.

Sections WGC 45.01 - 45.05 Wis. Adm. Code, have no fiscal impact on the state. The identified license fees have been previously paid to the Commission as authorized under s. 563.92, Stats.

SECTION 1. WGC 45.01 is created to read:

WGC 45.01 Purpose. The purpose of this chapter is to establish procedures relative to the conduct of raffles.

SECTION 2. WGC 45.02 is created to read:

WGC 45.02 Licenses. The commission may issue a Class A license for the conduct of a raffle in which some or all of the tickets for that raffle are sold on days other than the same day as the raffle drawing. The commission may issue a Class B license for the conduct of a raffle in which all of the tickets for that raffle are sold on the same day as the raffle drawing.

SECTION 3. WGC 45.03 is created to read:

WGC 45.03 Class A License. All of the following shall apply to the conduct of a raffle under a Class A license:

(1) All raffle tickets and all calendars shall be identical in form and include:

(a) The number of the license issued by the commission.

(b) The name and address of the sponsoring organization.

(c) The price of the ticket or calendar and the discounted price, if any, applicable to multiple raffle ticket or calendar purchases.

(d) A place for the purchaser to enter his or her name and address.

(e) The date, time and place of the drawing or drawings.

(f) A list of each prize to be awarded which has a retail value of $500 or more.

(2) Each raffle ticket and each calendar sold by an organization shall include a separate identification number, printed on both the purchaser's and organization's portion of the ticket or calendar, numbered consecutively in relation to the other tickets or calendars for the same drawing.

(3) No raffle ticket may exceed $50 in cost.

(4) No calendar may exceed $10 in cost for each month covered by the calendar.

(5) No person may sell a raffle ticket or calendar unless authorized by an organization licensed under this chapter.

(6) Tickets for a proposed raffle may not be offered for sale more than 180 days before the raffle drawing.

(7) All raffle drawings shall be held in public.

(8) All prizes shall be awarded. The purchaser of a ticket or calendar need not be present at the drawing to win a prize.

(9) If a raffle drawing is canceled, the organization shall refund the receipts to the ticket or calendar purchasers.

(10) The organization that holds a raffle drawing shall furnish a list of prize winners to each ticket or calendar holder who provides the organization with a self-addressed stamped envelope and requests the list.

SECTION 4. WGC 45.04 is created to read:

WGC 45.04 Class B License. All of the following shall apply to the conduct of a raffle under a Class B license:

(1) All raffle tickets shall be identical in form.

(2) The raffle tickets need not be numbered consecutively.

(3) No raffle ticket may exceed $10 in cost.

(4) No person may sell a raffle ticket or calendar unless authorized by an organization with a Class B license.

(5) All raffle drawings shall be held in public.

(6) The purchaser of a ticket may claim the prize if the purchaser must leave prior to the drawing.

(a) The purchaser of a raffle ticket sold by an authorized organization with a Class B license pursuant to s. 563.935, Stats., may claim the prize if the purchaser must leave before the drawing. To be eligible to claim the prize, the purchaser shall give their ticket to an individual that will be in attendance at the time of the drawing to claim the prize on their behalf. If the purchaser chooses not to give their ticket to another individual prior to the drawing to act as their representative, the purchaser may present the ticket to a designated representative of the authorized organization for a refund. In the event the individual leaves prior to the drawing and does not give their ticket to another individual to claim the prize on their behalf or request a refund, the purchaser surrenders all rights to claim the prize or receive a refund. If a ticket is presented for refund, the seller shall immediately void the ticket. The individual designated to issue refunds on behalf of the organization shall be identified at the start of the event in which the raffle shall be conducted. The purchaser shall not hold the organization or the commission responsible for any disputes which may arise regarding ownership claim of any ticket.

(7) All prizes shall be awarded.

(8) The time of the drawing and prizes to be awarded, the prize amount or the methodology used to determine the prize amount shall be posted or announced before the drawing.

(9) If a raffle drawing is canceled, the organization shall refund the receipts to the ticket purchasers.

SECTION 5. WGC 45.05 is created to read:

WGC 45.05 License fees. The fee for each type of raffle license shall be $25 and shall be remitted with the application. A raffle license shall be valid for 12 months and may be renewed as provided in s. 563.98 (1g), Stats. The commission shall issue the license within 30 days after the filing of an application if the applicant qualifies under s. 563.90, Stats., and has not exceeded the limits of s. 563.91, Stats.

Notice is hereby given that pursuant to s. 150.03, Stats., the Department of Health and Social Services will hold a public hearing to consider the amendment of ss. HSS 122.06 and 122.07, Wis. Adm. Code, relating to criteria for prior review and approval of up to three pilot projects that propose to demonstrate the worth of new nursing home designs, and the emergency rules now in effect on the same subject.