565.40 Department of justice enforcement authority.

(1) Investigations. The department of justice may investigate any activities by vendors or employees in the department, which affect the operation or administration of the state lottery or any multijurisdictional lottery in which the state participates, and shall report suspected violations of state or federal law to the appropriate prosecuting authority.

(1m) Subpoena power. For the purpose of an investigation under sub. (1), the attorney general may issue a subpoena to compel the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the attorney general deems relevant or material to the investigation. Section 885.12 shall apply to any failure to obey a subpoena under this subsection.

(2) Prosecutions. The attorney general and district attorneys have concurrent jurisdiction to commence prosecutions for alleged violations of this chapter.

(3) Background investigation.

(a) In this subsection:

1. “Secured area” means any areas where sensitive information is stored or accessible and any areas associated with the lottery with limited or controlled access.

2. “Sensitive information” means any report or study containing trade secrets, as defined in s. 134.90 (1) (c); any process or production technique which is unique to the lottery; any information or documentation the disclosure of which would adversely affect the security or the competitive position of the lottery; any individual's mailing address, e-mail address, telephone number, or social security or federal employer identification number; any financial account numbers; any personnel or employee information; any employee or vendor background investigation documents; any personal information provided by retailers for contracting purposes; and any personally identifiable information, as defined in s. 19.62 (5).

(b) The department of revenue, with the assistance of the department of justice, may conduct a background investigation of any person who may come into contact with any sensitive information associated with the lottery or who may have access to secured areas. The department of revenue may require the person to be photographed and fingerprinted. The department of justice may submit the fingerprints to the federal bureau of investigation for the purpose of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. The department of revenue, with the assistance of the department of justice, shall repeat the background investigation of each person under this subsection every 5 years. The department of revenue shall reimburse the department of justice for the department of justice's services under this subsection.

History: 1987 a. 119; 1989 a. 31; 1991 a. 269; 1995 a. 27; 1997 a. 27; 2017 a. 17.