Amendment ASA1-AB794

LRBs0384/1

EHS:eev:jf

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 794

March 13, 2014 - Offered by Representative Kuglitsch.

AB794-ASA1,2,2 An Act to repeal 563.03 (4p), 563.04 (11), 563.04 (14), 563.905 (title), 563.905 (intro.), 563.908 (1), 563.908 (2), 563.909, 563.93 (2), 563.93 (2m), 563.93 (4) (b), 563.93 (8), 563.935 (3), 563.935 (10), 563.98 (1) (e), 563.98 (1c) and 563.98 (1m); to renumber 563.907; to renumber and amend 563.905 (1), 563.905 (2), 563.908 (intro.), 563.93 (1), 563.93 (1s), 563.93 (3), 563.93 (4) (a), 563.93 (4m), 563.93 (5), 563.93 (6), 563.93 (7), 563.93 (9), 563.935 (6) and 563.97; to amend 563.02 (1), 563.03 (4m), 563.03 (5r), 563.03 (11), 563.03 (12r), 563.04 (2), 563.04 (3), 563.05 (2), 563.05 (3), 563.05 (4), 563.10, 563.91, 563.92 (2), 563.92 (4), 563.935 (1), 563.935 (4), 563.935 (5), 563.935 (9), 563.94, 563.95, 563.98 (1) (intro.), 563.98 (1) (f), 563.98 (1g), 563.98 (2) and 945.01 (3) (b) 1.; to repeal and recreate 563.05 (title) and 563.92 (1m); and to create 563.02 (1m), 563.03 (10m), 563.03 (14w), 563.03 (17), 563.05 (4m), 563.925, 563.93 (2g) (intro.), (a), (b), (g) and (h), 563.93 (2r), 563.93 (3e), 563.93 (3i), 563.93 (3m), 563.935 (1m), 563.935 (6) (b), 563.935 (6) (c), 563.97 (2) and 563.98 (1e) of the statutes; relating to: the regulation of raffles.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB794-ASA1,1 Section 1. 563.02 (1) of the statutes is amended to read:

AB794-ASA1,2,7 563.02 (1) All phases of the conduct of bingo and raffles, except bingo games using free cards and donated prizes for which no payment of consideration is made by participants, should be closely controlled by appropriate laws and rules, which should be strictly and uniformly enforced throughout this state.

AB794-ASA1,2 Section 2. 563.02 (1m) of the statutes is created to read:

AB794-ASA1,2,10 563.02 (1m) All phases of the conduct of raffles should be closely controlled by appropriate laws, which should be uniformly enforced throughout this state.

AB794-ASA1,3 Section 3. 563.03 (4m) of the statutes is amended to read:

AB794-ASA1,2,14 563.03 (4m) "Calendar raffle" means a raffle for which a drawing is held and a prize awarded on each date specified in a calendar as a date upon which a prize will be awarded.

AB794-ASA1,4 Section 4. 563.03 (4p) of the statutes, as created by 2013 Wisconsin Act .... (Assembly Bill 422), is repealed.

AB794-ASA1,5 Section 5. 563.03 (5r) of the statutes, as created by 2013 Wisconsin Act .... (Assembly Bill 422), is amended to read:

AB794-ASA1,2,20 563.03 (5r) "Drawing" means a method of random for determining a winner of a game of chance, including any of the following:

AB794-ASA1,2,23 (a) Random selection of a raffle ticket portion from a container housing all raffle tickets purchased for the raffle selection , with such selection used to determine a winner; determination of a winner in a.

AB794-ASA1,3,1 (b) A plastic or rubber duck race; or any.

AB794-ASA1,3,3 (c) Any other method that is used to determine for determining a winner and that is approved by the department under s. 563.909 authorized under s. 563.908.

AB794-ASA1,6 Section 6. 563.03 (10m) of the statutes is created to read:

AB794-ASA1,3,6 563.03 (10m) "Multiple-container raffle" means a raffle to which all of the following apply:

AB794-ASA1,3,8 (a) One or more drawings are held and one or more prizes are awarded on the same date and at the same location.

AB794-ASA1,3,10 (b) A drawing for each prize or group of prizes is made from a container specific to each prize or group of prizes.

AB794-ASA1,3,12 (c) The ticket purchaser places his or her ticket in the container of his or her choice.

AB794-ASA1,7 Section 7. 563.03 (11) of the statutes, as affected by 2013 Wisconsin Act .... (Assembly Bill 422), is amended to read:

AB794-ASA1,3,16 563.03 (11) "Premises" means any room, hall, enclosure, tent, or outdoor area in which bingo is being played or a raffle drawing is being held.

AB794-ASA1,8 Section 8. 563.03 (12r) of the statutes, as created by 2013 Wisconsin Act .... (Assembly Bill 422), is amended to read:

AB794-ASA1,3,22 563.03 (12r) "Raffle game" means a game as described under s. 563.908 (1) or a plastic or rubber duck race or other game of chance that has been approved by the department under s. 563.909 a game of chance for which tickets or calendars are sold and one or more drawings for prizes are held.

AB794-ASA1,9 Section 9. 563.03 (14w) of the statutes is created to read:

AB794-ASA1,4,3 563.03 (14w) "Single-container raffle" means a raffle for which one or more drawings from a single container are held and one or more prizes are awarded on one date and at one location.

AB794-ASA1,10 Section 10. 563.03 (17) of the statutes is created to read:

AB794-ASA1,4,6 563.03 (17) "Ticket" means an instrument that entitles the purchaser to one entry in a raffle other than a calendar raffle.

AB794-ASA1,11 Section 11. 563.04 (2) of the statutes is amended to read:

AB794-ASA1,4,9 563.04 (2) Conduct hearings on the suspension or revocation of a license for violation of this chapter or any applicable rules promulgated under it.

AB794-ASA1,12 Section 12. 563.04 (3) of the statutes is amended to read:

AB794-ASA1,4,13 563.04 (3) Promulgate rules under ch. 227 relating to the issuance, renewal, amendment, suspension, and revocation of bingo and raffle licenses and the conduct of bingo under this chapter.

AB794-ASA1,13 Section 13. 563.04 (11) of the statutes is repealed.

AB794-ASA1,14 Section 14. 563.04 (14) of the statutes is repealed.

AB794-ASA1,15 Section 15. 563.05 (title) of the statutes is repealed and recreated to read:

AB794-ASA1,4,17 563.05 (title) Departmental duties; powers; prohibitions.

AB794-ASA1,16 Section 16. 563.05 (2) of the statutes, as affected by 2013 Wisconsin Act .... (Assembly Bill 422), is amended to read:

AB794-ASA1,4,23 563.05 (2) The department may promulgate rules requiring holders of licenses issued under this chapter subch. III to post a notice in a conspicuous place where a bingo occasion or raffle drawing is being conducted describing the procedures for filing a complaint against the holder.

AB794-ASA1,17 Section 17. 563.05 (3) of the statutes is amended to read:

AB794-ASA1,5,4 563.05 (3) The department may promulgate rules specifying the number of business days within which the department must review and make a determination on an application for a permit, as defined in s. 227.116 (1g), license that is issued under this chapter subch. III.

AB794-ASA1,18 Section 18. 563.05 (4) of the statutes is amended to read:

AB794-ASA1,5,9 563.05 (4) The department may promulgate rules defining relating to bingo that establish procedures to be used by the department for receiving, filing, and investigating complaints, for commencing disciplinary proceedings, and for conducting hearings under this chapter.

AB794-ASA1,19 Section 19. 563.05 (4m) of the statutes is created to read:

AB794-ASA1,5,13 563.05 (4m) Notwithstanding s. 227.11, the department may not promulgate or enforce any rule that interprets the provisions under subch. VIII or any other provisions under this chapter that relate to raffles.

AB794-ASA1,20 Section 20. 563.10 of the statutes is amended to read:

AB794-ASA1,5,23 563.10 Rules governing commingling of receipts restricted. Notwithstanding ss. 227.11 (2), 227.24 (1) (a) and 563.04 (3), the The department may not promulgate any emergency rule relating to the commingling of bingo and raffle receipts unless it can clearly establish that commingling will occur without such rule and that the rule will effectively prevent commingling. The department shall set forth any such finding in its proposed rule. If upon review under s. 227.40, the court finds that the finding of fact upon which any emergency rule relating to such commingling is based is unsupported by clear and convincing evidence, the rule is invalid.

AB794-ASA1,21 Section 21. 563.905 (title) of the statutes is repealed.