MGG:eev:jf
2013 - 2014 LEGISLATURE
October 14, 2013 - Introduced by Senators Lasee, Leibham, Harsdorf and Schultz,
cosponsored by Representatives Jacque, Petryk, Ballweg, Bernier, Born,
Brooks, Knodl, Murtha, Nass, Ripp, Tittl, Williams and Endsley. Referred
to Committee on Workforce Development, Forestry, Mining, and Revenue.
SB340,1,7 1An Act to repeal 563.03 (12m); to renumber and amend 563.90; to amend
2563.05 (2), 563.91, 563.92 (1m), 563.92 (2), 563.93 (1) (e), 563.93 (1s), 563.93 (4)
3(a), 563.93 (4) (b), 563.93 (4m), 563.93 (5), 563.93 (6), 563.93 (7), 563.93 (8),
4563.93 (9), 563.935 (5), 563.935 (6) (a), 563.935 (6) (b), 563.935 (8), 563.935 (9),
5563.935 (10) (intro.) and 945.01 (3) (b) 1.; and to create 563.908, 563.92 (3b) and
6563.98 (1) (f) of the statutes; relating to: raffles that involve the racing of
7plastic or rubber ducks.
Analysis by the Legislative Reference Bureau
The Wisconsin Constitution permits the legislature to authorize certain types
of gambling. A raffle conducted by a local religious, charitable, service, fraternal, or
veterans' organization is a type of gambling that may be authorized. Under current
law, the legislature has authorized the operation of raffles that are games of chance
in which tickets are sold and drawings are held.
This bill expands the type of raffles that are authorized to include games of
chance for which tickets are sold and that use plastic or rubber ducks in a race. Each
"duck" has a number on it, which is the same number that is on a ticket that was sold
for the raffle. The duck that first crosses the finish line represents the winner of the
raffle. The bill imposes certain requirements for conducting a race, including a
requirement that the ducks be the same size, shape, and weight, and that a device
be used at the finish line that traps the ducks in the order that they cross.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB340,1 1Section 1. 563.03 (12m) of the statutes is repealed.
SB340,2 2Section 2. 563.05 (2) of the statutes is amended to read:
SB340,2,63 563.05 (2) The department may promulgate rules requiring holders of licenses
4issued under this chapter to post a notice in a conspicuous place where a bingo
5occasion or raffle drawing is being conducted describing the procedures for filing a
6complaint against the holder.
SB340,3 7Section 3. 563.90 of the statutes is renumbered 563.907 and amended to read:
SB340,2,14 8563.907 Qualified organizations. Any local religious, charitable, service,
9fraternal or veterans organization or any organization to which contributions are
10deductible for federal income tax purposes or state income or franchise tax purposes,
11which has been in existence for one year immediately preceding its application for
12a license or which is chartered by a state or national organization which has been in
13existence for at least 3 years, may conduct a raffle upon receiving a license for the
14raffle event from the department. No other person may conduct a raffle in this state.
SB340,4 15Section 4. 563.908 of the statutes is created to read:
SB340,2,17 16563.908 Types of raffles allowed. A raffle may not be conducted in this state
17unless it is one of the following:
SB340,2,19 18(1) A game of chance for which tickets or calendars are sold and a drawing for
19prizes is held.
SB340,3,3
1(2) A game of chance for which tickets are sold, that employs flexible plastic
2or rubber ducks that are used in a race, and that meets all of the following
3requirements:
SB340,3,54 (a) The ducks are placed in a waterway and the first duck to cross a finish line
5represents the winner of the raffle.
SB340,3,66 (b) All of the ducks are made to be unsinkable and unbreakable.
SB340,3,87 (c) A number written in waterproof ink is on each duck and the number is the
8same as one that is on a single ticket that was sold for the raffle.
SB340,3,99 (d) All of the ducks are of the same size, shape, and weight.
SB340,3,1010 (e) The waterway is free of obstructions.
SB340,3,1311 (f) The race begins with all of the ducks being held behind a barrier and the
12barrier then being removed or with all of the ducks being dropped by means of a
13device into the water at the same time.
SB340,3,1514 (g) All individuals present at the race are prohibited from touching, hindering,
15or moving the ducks while they are in the waterway.
SB340,3,1816 (h) The winner is determined by the use of a chute or some other entrapment
17device that is located at the finish line and that traps the ducks, one at a time, in the
18order that they cross the finish line.
SB340,5 19Section 5. 563.91 of the statutes is amended to read:
SB340,3,21 20563.91 Limit. No qualified organization under s. 563.90 563.907 may conduct
21more than 200 raffles or more than one calendar raffle during a year.
SB340,6 22Section 6. 563.92 (1m) of the statutes is amended to read:
SB340,4,323 563.92 (1m) The department may issue a Class A license for the conduct of a
24raffle in which some or all of the tickets for that raffle are sold on days other than the
25same day as that the raffle drawing occurs and in which equal shares of a single ticket

1may be sold to one or more purchasers. The department may issue a Class B license
2for the conduct of a raffle in which all of the tickets for that raffle are sold on the same
3day as that the raffle drawing occurs.
SB340,7 4Section 7. 563.92 (2) of the statutes is amended to read:
SB340,4,115 563.92 (2) The fee for a raffle license shall be $25 and shall be remitted with
6the application. A raffle license shall be valid for 12 months and may be renewed as
7provided in s. 563.98 (1g). The department shall issue the license within 30 days
8after the filing of an application if the applicant qualifies under s. 563.90 563.907 and
9has not exceeded the limits of s. 563.91. All moneys received by the department
10under this subsection shall be credited to the appropriation account under s. 20.505
11(8) (j).
SB340,8 12Section 8. 563.92 (3b) of the statutes is created to read:
SB340,4,1513 563.92 (3b) An application for a Class A or Class B license submitted by an
14organization that plans to conduct a raffle of the type described in s. 563.908 (2) shall
15include all of the following:
SB340,4,1616 (a) The name of the organization.
SB340,4,1717 (b) The address of the premises where each raffle will be conducted.
SB340,4,1918 (c) Description of the record-keeping and accounting procedures that will be
19used in conducting each raffle.
SB340,4,2020 (d) The date the membership approved this type of raffle.
SB340,4,2121 (e) The signature of the president of the organization.
SB340,9 22Section 9. 563.93 (1) (e) of the statutes is amended to read:
SB340,4,2323 563.93 (1) (e) The date, time and place of the drawing or drawings raffle.
SB340,10 24Section 10. 563.93 (1s) of the statutes is amended to read:
SB340,5,4
1563.93 (1s) Each raffle ticket and each calendar sold by an organization shall
2include a separate identification number, printed on both the purchaser's and the
3organization's portion of the ticket or calendar, numbered consecutively in relation
4to the other tickets or calendars for the same drawing raffle.
SB340,11 5Section 11. 563.93 (4) (a) of the statutes is amended to read:
SB340,5,76 563.93 (4) (a) Except as provided in par. (b), tickets for a proposed raffle may
7not be offered for sale more than 270 days before the date of the raffle drawing.
SB340,12 8Section 12. 563.93 (4) (b) of the statutes is amended to read:
SB340,5,119 563.93 (4) (b) An organization that existed at least 5 years before the
10organization was issued a Class A license may offer tickets for sale for a proposed
11raffle up to one year before the date of the raffle drawing.
SB340,13 12Section 13. 563.93 (4m) of the statutes is amended to read:
SB340,5,1613 563.93 (4m) The organization that conducts a raffle under a Class A license
14shall provide the purchaser of a raffle ticket or calendar the purchaser's portion of
15the ticket or calendar before the raffle drawing is held, but need not provide it to the
16purchaser at the time of purchase.
SB340,14 17Section 14. 563.93 (5) of the statutes is amended to read:
SB340,5,1818 563.93 (5) All raffle drawings raffles shall be held in public.
SB340,15 19Section 15. 563.93 (6) of the statutes is amended to read:
SB340,5,2120 563.93 (6) All prizes shall be awarded. The purchaser of a ticket or calendar
21need not be present at the drawing raffle to win a prize.
SB340,16 22Section 16. 563.93 (7) of the statutes is amended to read:
SB340,5,2423 563.93 (7) If a raffle drawing is canceled, the organization shall refund the
24receipts to the ticket or calendar purchasers.
SB340,17 25Section 17. 563.93 (8) of the statutes is amended to read:
SB340,6,3
1563.93 (8) The organization that holds a raffle drawing shall furnish a list of
2prize winners to each ticket or calendar holder who provides the organization with
3a self-addressed stamped envelope and requests the list.
SB340,18 4Section 18. 563.93 (9) of the statutes is amended to read:
SB340,6,85 563.93 (9) If a person who holds a Class A license sells equal shares of a single
6ticket to one or more purchasers for a raffle, the person shall, prior to the date on
7which the
raffle drawing for which the shares were sold is held, purchase any shares
8of the ticket that have not been sold.
SB340,19 9Section 19. 563.935 (5) of the statutes is amended to read:
SB340,6,1010 563.935 (5) All raffle drawings raffles shall be held in public.
SB340,20 11Section 20. 563.935 (6) (a) of the statutes is amended to read:
SB340,6,1812 563.935 (6) (a) Except as provided in par. (b), the purchaser of a ticket must be
13present at the drawing time the raffle is held to win a prize, unless the purchaser
14gives the ticket to another person who may claim the prize on behalf of the purchaser,
15but only if that other person is present at the drawing raffle. If the purchaser of the
16ticket gives the ticket to another person to claim a prize on behalf of the purchaser,
17the organization conducting the raffle and the department shall not be held
18responsible or liable in any dispute regarding the ownership of the ticket.
SB340,21 19Section 21. 563.935 (6) (b) of the statutes is amended to read:
SB340,6,2220 563.935 (6) (b) Any organization conducting a raffle may, according to
21procedures determined by the organization, allow the purchaser of a ticket not to be
22present at the drawing time the raffle is held to win a prize.
SB340,22 23Section 22. 563.935 (8) of the statutes is amended to read:
SB340,7,3
1563.935 (8) The date, time , and place of the drawing and raffle, the prizes to
2be awarded, and the prize amount or the methodology used to determine the prize
3amount shall be posted or announced before the drawing.
SB340,23 4Section 23. 563.935 (9) of the statutes is amended to read:
SB340,7,65 563.935 (9) If a raffle drawing is canceled, the organization shall refund the
6receipts to the ticket purchasers.
SB340,24 7Section 24. 563.935 (10) (intro.) of the statutes is amended to read:
SB340,7,108 563.935 (10) (intro.) A raffle that is not of the type that is described in s. 563.908
9(2) and that is conducted
under a Class B license to which all of the following apply
10is one raffle for purposes of s. 563.91:
SB340,25 11Section 25. 563.98 (1) (f) of the statutes is created to read:
SB340,7,1312 563.98 (1) (f) For raffles of the type described in s. 563.908 (2), an accounting
13of all sold and unsold tickets for each raffle.
SB340,26 14Section 26. 945.01 (3) (b) 1. of the statutes is amended to read:
SB340,7,1715 945.01 (3) (b) 1. A device used in conducting a bingo occasion or raffle event
16under ch. 563, used in conducting a lottery under ch. 565 or used in conducting a race
17under ch. 562.
SB340,27 18Section 27. Initial applicability.
SB340,7,2019 (1) The treatment of section 563.92 (3b) of the statutes first applies to
20applications that are submitted on the effective date of this subsection.
SB340,7,2121 (End)
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