A 1987 amendment to the Wisconsin Constitution allowed the Legislature
to create a state lottery and required that its net proceeds be distributed
for property tax relief. The Wisconsin Lottery began operations in the
following year and has been managed by the Department of Revenue
(DOR) since 1995. Lottery tickets are the Wisconsin Lottery’s primary
revenue source and are sold at more than 4,100 retailer locations in
Wisconsin. The Wisconsin Lottery offers “instant games,” which include
both scratch-off and pull-tab tickets, and “lotto games,” which were
formerly known as online games.
Ticket sales totaled $494.7 million in fiscal year (FY) 2007-08, when total
operating revenues were $495.2 million. Net lottery proceeds provided a
total of $146.5 million in property tax relief in FY 2007-08, and an average
property tax credit of $86. In July 2008, the Wisconsin Lottery was
authorized 94.6 full-time equivalent (FTE) positions.
As directed by s. 13.94(1)(em), Wis. Stats., we have completed a program
evaluation of the Wisconsin Lottery. To do so, we reviewed:
trends in lottery sales, operating revenues, and operating expenses;
the Wisconsin Lottery’s development and management of instant
games, which generate the largest share of lottery revenue; and
the Wisconsin Lottery’s oversight of its contracts with private firms
for lottery operations and product information services.
Revenues and Expenses
Total ticket sales fluctuated from
year to year, but they increased
2.4 percent over the past five
fiscal years. Sales of instant scratch-off and
pull-tab game tickets increased
from $270.3 million in FY 2003-04
to $287.4 million in FY 2007-08,
or 6.3 percent, while sales of lotto
games declined from $212.6 million
to $207.3 million, or 2.5 percent.
Wisconsin was one of four midwestern
states that experienced
a decline in per capita lottery sales
from FY 2005-06 to FY 2006-07,
the latest year for which comparable
information is available for other
states. It was fifth among seven
midwestern states in per capita
lottery sales in FY 2006-07.
In FY 2007-08, the Wisconsin Lottery’s
operating expenses totaled
$353.7 million. They included prizes
paid to winning ticket holders;
retailer compensation, including
commissions and incen tives; game
development and production costs;
product information services provided
by a private firm; and other
costs, such as staff salaries and
fringe benefits.
Over the past five fiscal years,
operating expenses increased by
3.3 percent, primarily because of
increases in prizes, which rose as
sales increased, and the Wisconsin
Lottery’s product information
budget, which increased from
$4.6 million in FY 2006-07 to
$7.5 million in FY 2007-08.
Statutes require that each year at
least 50.0 percent of revenue from
the sale of lottery tickets be returned
to players as prize payments. The
prize payout percentage increased
from 57.0 percent in FY 2003-04 to
58.0 percent in FY 2007-08.
Administrative expenses, which
decreased from $33.3 million in
FY 2003-04 to $32.6 million in
FY 2007-08, are statutorily limited
to 10.0 percent of operating revenues.
In FY 2007-08, they were 6.6 percent
of operating revenues.
Game Development
Effective game development and
management help to maximize
sales revenue and increase the net
proceeds available to fund property
tax relief. In recent years, the
Wisconsin Lottery has introduced
more instant games, including
more affiliated games that can have
special prize opportunities and
are intended to generate interest
among individuals who typically
do not purchase lottery tickets.
There were 113 instant scratch-off
games available for sale at some
point during FY 2007-08. Higherpriced
instant games have been
introduced more frequently in
recent years.
In response to our 2005 recommendation
(report 05-8), the Wisconsin
Lottery implemented an evaluation
tool to help develop and manage
instant games. The evaluation tool
is used to calculate each instant
game’s initial 12-week ticket sales
and overall net sales, which reflect
the game’s total ticket sales less
production costs and prizes paid.
Analyzing net sales allows the
Wisconsin Lottery to review game
costs, evaluate trends in sales over
a game’s life, determine which
games are most profitable, and
identify strategies to increase the
success of future games. We found
that the Wisconsin Lottery has
consistently used its evaluation
tool to help develop future games.
Pull-tab ticket sales totaled approximately
$25.3 million in FY 1988-89.
By FY 2007-08, they had decreased
to $3.2 million.
The Wisconsin Lottery has attributed
the decrease in pull-tab ticket
sales, at least in part, to competition
from private pull-tab vendors that
operate illegally or under a statutory
exemption allowing any business
to offer a game of chance with its
products as part of a promotion. It
does not expect pull-tab ticket sales
to increase significantly unless
illegal private games cease and the
statutory exemption allowing legal
pull-tab games is modified.
Wisconsin participates in Powerball,
a lotto game played in 31 jurisdictions
and administered by the
Multi-State Lottery Association.
During FY 2007-08, Powerball sales
in Wisconsin totaled $93.7 million.
Currently, the Wisconsin Lottery
also offers five other lotto games
that are sold only in Wisconsin.
During FY 2006-07 and FY 2007-08,
it introduced two raffle-style lotto
games in which a limited number
of tickets were sold for a one-time
drawing. However, both games
fell far short of their sales goal of
500,000 tickets.
The Wisconsin Lottery is conducting
market research to determine how
to improve the performance of
raffle-style games and considering
the possibility of introducing
another raffle-style game in 2010.
Product Information
Services Contract
The Wisconsin Lottery contracts
with Hoffman York, a Milwaukee-based
advertising firm, for product
information services that publicize
lottery games.
From FY 1990-91 through FY 2006-07,
the Wisconsin Lottery’s annual
product information budget was
$4.6 million. 2007 Wisconsin Act 20
increased the budget to $7.5 million
in each year of the 2007-09 biennium.
Almost all of these funds are paid
to Hoffman York, which received
$7.2 million in FY 2007-08 and used
the funds primarily to purchase
media time to publicize games.
Although the Wisconsin Lottery
is contractually required to
formally evaluate Hoffman York’s
performance annually, we found
that it has not done so. Instead,
agency officials provide ongoing
verbal feedback and conduct
quarterly surveys of Wisconsin
residents to gauge their awareness
and opinions of the Wisconsin
Lottery. During the course of our
audit, the Wisconsin Lottery began
developing an evaluation form for
its product information contractor.
To measure the effectiveness of
Hoffman York’s product information
services, the Wisconsin
Lottery compared initial 12-week
ticket sales for 16 publicized
scratch-off games with average
12-week sales data for comparable
unpublicized scratch-off games
that were introduced during the
same period.
We identified two ways for
improving how the Wisconsin
Lottery evaluates its product
information services. First, it should
include product information costs in
its evaluation tool for instant games.
Second, it should require Hoffman
York to regularly report on the
amounts spent to publicize
individual games.
Operations Contract
The Wisconsin Lottery contracts
with GTECH Corporation, a
Rhode Island–based firm, for
operations services that include
telecommunications and instant
and lotto ticket validation and
tracking. Under the terms of
the contract, GTECH receives
2.54 percent of lottery ticket sales,
less any liquidated damages. In
FY 2007-08, the Wisconsin Lottery
paid GTECH $12.3 million. In recent
years, it has improved its evaluation
of GTECH’s performance.
The GTECH contract authorizes
the Wisconsin Lottery to assess
liquidated damages to recover
lost revenue when GTECH’s
telecommunications systems fail
or there are problems related
to validating tickets. A total of
$1.5 million in liquidated damages
has been assessed under the current
contract. However, we found that
the Wisconsin Lottery has not
always assessed the liquidated
damages allowed. In FY 2007-08,
there were 30 incidents for which
liquidated damages could have
been assessed, but GTECH was
assessed for only 18, and all
assessments were for less than the
maximum allowable amount.
It is appropriate for the Wisconsin
Lottery to use its judgment in
determining whether to assess
contractually required liquidated
damages, particularly when
problems occur that are outside
of GTECH’s control. However, if
GTECH is at fault for a problem,
as appears to have been the case
in some of the 30 incidents in
FY 2007-08, it is important for
the Wisconsin Lottery to assess
liquidated damages at a level that
fully recovers its actual losses and
encourages improved contractor
performance.
Recommendations
We include recommendations for
the Wisconsin Lottery to:
annually evaluate its product
information contractor and
provide a copy of its evaluation
form to the Joint Legislative
Audit Committee by
March 13, 2009
(p. 31);
include product information
costs in the evaluation tool it
uses to assess instant games
(p. 33);
require its product information
contractor to report quarterly
on expenditures associated with
specific games
(p. 33); and
review its procedures for assessing
liquidated damages against
its operations contractor
(p. 37).