AB100: Bill Text Engrossed

AB100-engrossed,2049,21 (5) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

AB100-engrossed,2049,24 (6) If the division of criminal investigation in the department of justice chooses not to investigate a report under sub. (5), coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.

AB100-engrossed, s. 4675m Section 4675m. 563.052 of the statutes is repealed.

AB100-engrossed, s. 4676 Section 4676. 563.055 (1) of the statutes is amended to read:

AB100-engrossed,2050,6 563.055 (1) If the holder of a license issued under this chapter pays a fee required under s. 563.13 (4), 563.22 (2) or 563.92 (2) by check and the check is not paid by the bank upon which the check is drawn, the board department may cancel the license on or after the 60th day after the board department receives the notice from the bank, subject to sub. (2).

AB100-engrossed, s. 4677 Section 4677. 563.055 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,2050,11 563.055 (2) (intro.) At least 20 days before canceling a license, the board department shall mail a notice to the holder that informs the holder that the check was not paid by the bank and that the holder's license may be canceled on the date determined under sub. (1) unless the holder does all of the following before that date:

AB100-engrossed, s. 4677m Section 4677m. 563.055 (2) (b) of the statutes is amended to read:

AB100-engrossed,2050,14 563.055 (2) (b) Pays the charge for an unpaid draft established by the depository selection board state treasurer under s. 20.905 (2).

AB100-engrossed, s. 4678 Section 4678. 563.055 (3) of the statutes is amended to read:

AB100-engrossed,2050,18 563.055 (3) Nothing in sub. (1) or (2) prohibits the board department from extending the date for cancellation to allow the holder additional time to comply with sub. (2) (a) and (b).

AB100-engrossed, s. 4679 Section 4679. 563.055 (5) of the statutes is amended to read:

AB100-engrossed,2050,22 563.055 (5) The board department may reinstate a license that has been canceled under this section only if the previous holder complies with sub. (2) (a) and (b) and pays a $30 reinstatement fee.

AB100-engrossed, s. 4680 Section 4680. 563.10 of the statutes is amended to read:

AB100-engrossed,2051,7 563.10 Rules governing commingling of receipts restricted. Notwithstanding ss. 227.11 (2), 227.24 (1) (a) and 563.04 (3), the board 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 board 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.

AB100-engrossed, s. 4681 Section 4681. 563.12 (intro.) of the statutes is amended to read:

AB100-engrossed,2051,12 563.12 Bingo license application. (intro.) Each applicant for a license to conduct bingo shall file with the board department an application on a form prescribed by the board department. Except as provided in s. 563.135, the application shall include:

AB100-engrossed, s. 4682 Section 4682. 563.12 (2) of the statutes is amended to read:

AB100-engrossed,2051,16 563.12 (2) Sufficient facts relating to the incorporation or organization of the applicant to enable the board department to determine if the applicant is eligible for a license under this subchapter.

AB100-engrossed, s. 4683 Section 4683. 563.14 (intro.) of the statutes is amended to read:

AB100-engrossed,2051,21 563.14 (title) Board Department determinations. (intro.) Upon receipt of an application for a license to conduct bingo, the board department shall investigate the qualifications of the applicant and the merits of the application and before issuing a license shall determine that:

AB100-engrossed, s. 4685 Section 4685. 563.15 (1) of the statutes is amended to read:

AB100-engrossed,2052,5 563.15 (1) After making the determinations under s. 563.14, the board department shall either notify the applicant organization in writing why a license is not being issued or issue a license to such applicant organization authorizing it to conduct bingo at the times and places set forth in the license. Except as provided in sub. (1m), a license issued under this subsection shall be effective for one year from the first day of the month of the first occasion listed on the license and may be renewed annually, except that an applicant organization may request that the license expire on the first day of any month within the one-year licensure period.

AB100-engrossed, s. 4686 Section 4686. 563.15 (1m) of the statutes is amended to read:

AB100-engrossed,2052,9 563.15 (1m) A license issued under sub. (1) to an organization listed under s. 563.11 (1) (b) to (d) shall remain in effect unless it is canceled, suspended or revoked by the board department or withdrawn by the organization.

AB100-engrossed, s. 4687 Section 4687. 563.16 of the statutes is amended to read:

AB100-engrossed,2052,21 563.16 Amendment of license to conduct bingo. Upon application by a licensed organization, a license may be amended, if the subject matter of the amendment properly and lawfully could have been included in the original license. An application for an amendment to a license shall be filed and processed in the same manner as an original application. An application for the amendment of a license shall be accompanied by a $3 fee. If any application for amendment seeks approval of additional bingo occasions or designates a new member responsible for the proper utilization of gross receipts, the appropriate fee under s. 563.13 (4) also shall be paid. If the board department approves an application for an amendment to a license, a copy of the amendment shall be sent to the applicant who shall attach it to the original license.

AB100-engrossed, s. 4688 Section 4688. 563.17 of the statutes is amended to read:

AB100-engrossed,2053,8 563.17 Denial of application; hearing. If the board department denies a license to conduct bingo, within 30 days after receiving written notification of such denial, an applicant may demand in writing a hearing before the board department upon the applicant's qualifications and the merit of the application. At the hearing, the burden of proof shall be on the applicant to establish his or her eligibility for a license. If, after the hearing, the board department enters an order denying the application, the order shall set forth in detail the reasons for the denial. Upon entry of such an order or upon the expiration of the 30-day period during which a hearing may be demanded, the applicant's license fee shall be refunded less reasonable administrative costs. If the board department approves the application, the board department shall issue the license within 14 days after approval.

AB100-engrossed, s. 4689 Section 4689. 563.18 (1) of the statutes is amended to read:

AB100-engrossed,2053,12 563.18 (1) Proceedings to suspend or revoke a supplier's license or a license to conduct bingo shall be initiated by the board department pursuant to the rules promulgated under s. 563.05 (4).

AB100-engrossed, s. 4690 Section 4690. 563.18 (3) of the statutes is amended to read:

AB100-engrossed,2053,15 563.18 (3) The board's department's decision under this section is subject to judicial review under ch. 227.

AB100-engrossed, s. 4691 Section 4691. 563.18 (4) of the statutes is amended to read:

AB100-engrossed,2053,22 563.18 (4) When a license under this subchapter is suspended or revoked by the board department, the licensee shall immediately surrender the license to the board department. A licensee whose license has been revoked may reapply for a license one year after the effective date of the revocation. If a license has been suspended under sub. (3), the board department shall reinstate the license at the end of the period of suspension.

AB100-engrossed, s. 4692 Section 4692. 563.21 of the statutes is amended to read:

AB100-engrossed,2054,3 563.21 Supplier's license. Any person intending to sell or distribute bingo supplies or equipment to a licensed organization shall apply to the board department for a supplier's license.

AB100-engrossed, s. 4693 Section 4693. 563.22 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,2054,7 563.22 (1) (intro.) An application for a supplier's license shall be filed with the board department on a form prescribed by the board department. The application shall include:

AB100-engrossed, s. 4694 Section 4694. 563.22 (1) (g) of the statutes is amended to read:

AB100-engrossed,2054,11 563.22 (1) (g) If the applicant business is organized outside of this state, the name and address of a resident agent who is authorized to be served legal documents and receive notices, orders and directives of the board department.

AB100-engrossed, s. 4695 Section 4695. 563.24 of the statutes is amended to read:

AB100-engrossed,2055,2 563.24 Issuance of supplier's license. Upon receiving an application for a supplier's license, the board department may require the applicant, or if the applicant is a corporation, limited liability company or partnership, its officers, directors, stockholders and members, to appear and testify under oath on the contents of the application. If the board department determines that the supplier's license applicant possesses the requisite qualifications, a license shall be issued to the bingo supplier. A license issued under this section shall be effective for one year from the first day of the month of its issuance, and may be renewed annually. If the application is not approved, the department shall notify the applicant in writing of such action. Within 10 days after receipt of such notification, the applicant may demand a hearing before the board department. At the hearing, the burden of proof shall be on the applicant to establish his or her qualifications and the merit of the application. The fee, less reasonable administrative costs, shall be refunded to the applicant upon entry of an order denying an application after hearing, or upon expiration of the period during which a hearing may be demanded.

AB100-engrossed, s. 4696 Section 4696. 563.25 of the statutes is amended to read:

AB100-engrossed,2055,14 563.25 (title) Supplier to notify board department of changes. During the pendency of an application for a supplier's license, the applicant shall immediately notify the board department in writing of any change in the facts set forth in the application, including any change in any item in the application, in the organization, structure or mode of operation of the supplier's business and in the identity of persons named or required to be named in the application or the nature or extent of their interests. Within 10 days after any such change which occurs after the issuance of the license, the change shall be reported to the board department. Failure to notify the board department of such change shall constitute sufficient cause for denial of a pending license application or for suspension or revocation of a license which has been granted.

AB100-engrossed, s. 4697 Section 4697. 563.26 of the statutes is amended to read:

AB100-engrossed,2055,24 563.26 Maintenance of supplier's books and records. Each licensed supplier shall maintain his or her books and records in such manner as to enable the board department to determine the gross sales of bingo supplies and equipment to licensed organizations. Invoices for the sale of bingo supplies and equipment shall include the name and license number of the organization to which the supplies were sold, the date and amount of the sale and an enumeration of the items sold. Each licensed supplier and formerly licensed supplier shall maintain his or her books and records for not less than 4 years and shall make them available at reasonable times for examination by the board department or its authorized representatives.

AB100-engrossed, s. 4700 Section 4700. 563.29 (3) of the statutes is amended to read:

AB100-engrossed,2056,3 563.29 (3) No licensed supplier shall sell or distribute to a licensed organization any card unless it is identified in the standard set of bingo cards prescribed by the board department.

AB100-engrossed, s. 4702 Section 4702. 563.53 (1) of the statutes is amended to read:

AB100-engrossed,2056,6 563.53 (1) All special bingo cards shall be in a form approved by the board department.

AB100-engrossed, s. 4703 Section 4703. 563.61 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,2056,14 563.61 (1) (intro.) Each licensed organization shall file with the board department , on a form prescribed by the board department, a semiannual report of bingo operations for each 6-month period beginning on the date on which the organization's license is issued. The report is due on the 60th day after the last day of the reporting period. The report shall be accompanied by the payment of the gross receipts tax due. The licensed organization shall retain a copy of the report for its permanent records. The report shall include:

AB100-engrossed, s. 4704 Section 4704. 563.61 (3) of the statutes is amended to read:

AB100-engrossed,2056,17 563.61 (3) If no bingo games are held on a date when a license authorizes them to be held, a report to that effect shall be filed with the board department.

AB100-engrossed, s. 4705 Section 4705. 563.62 (1) of the statutes is amended to read:

AB100-engrossed,2056,21 563.62 (1) The board department may refuse to renew a license of an organization found to be delinquent in filing its financial statement or found to have filed an incomplete statement of bingo operations.

AB100-engrossed, s. 4706 Section 4706. 563.62 (2) of the statutes is amended to read:

AB100-engrossed,2057,2 563.62 (2) If a licensed organization fails to file a financial statement of bingo operations within 5 days after notification by the board department of the delinquency, the board department may suspend the license, pending the filing of the financial statement.

AB100-engrossed, s. 4707 Section 4707. 563.62 (3) of the statutes is amended to read:

AB100-engrossed,2057,7 563.62 (3) If the financial statement filed by a licensed organization is not fully, accurately and truthfully completed, the board department may refuse to renew a license or may suspend a license until such time as a statement in proper form has been filed.

AB100-engrossed, s. 4708 Section 4708. 563.64 (2) of the statutes is amended to read:

AB100-engrossed,2057,20 563.64 (2) The columnar book, deposit books, canceled checks, records of share drafts, check books, records of share accounts, records of negotiable orders of withdrawal, deposit slips, bank statements and copies of financial statements of bingo operations and all other books and accounts shall be maintained for not less than 4 years and shall be available at reasonable times for examination by the board department or its authorized representative. The board department may require the licensed organization to obtain microfilm copies of share drafts to the extent necessary for examination purposes. All documents supporting the entries made in the books of accounts shall be kept by the licensed organization for a period of not less than 4 years. Such documents shall include, but are not limited to, bank statements, canceled checks, records of share drafts, deposit slips and invoices for all expenditures.

AB100-engrossed, s. 4709 Section 4709. 563.65 of the statutes is amended to read:

AB100-engrossed,2058,5 563.65 Proper and legitimate expenditures; reimbursement and waiver. If a financial audit of a licensed organization shows that an expenditure of bingo funds was not a proper and legitimate expenditure and the board department requests that the licensed organization reimburse the appropriate bingo account in an amount equal to the amount so expended, the licensed organization may appeal the request to the board department. The board department may waive or reduce the amount of any such reimbursement if the licensed organization presents evidence satisfactory to the board department that the licensed organization acted in good faith and by mistake or inadvertently in so expending the funds.

AB100-engrossed, s. 4710 Section 4710. 563.68 (2) of the statutes is amended to read:

AB100-engrossed,2058,8 563.68 (2) In accordance with a plan of expenditure approved in advance by the board department.

AB100-engrossed, s. 4711 Section 4711. 563.72 of the statutes is amended to read:

AB100-engrossed,2058,21 563.72 Inspection for enforcement. Any peace officer or district attorney, within their respective jurisdictions, or an authorized employe of the board department, may, at all reasonable hours, enter the premises where a bingo occasion is being conducted and examine the books, papers and records of the licensed organization to determine if all proper taxes or fees imposed have been paid. Any refusal to permit such examination of the premises by the licensed organization, its agent or an employe or the person in charge of the premises to which the bingo license relates, constitutes sufficient grounds for the suspension or revocation of a license, and is punishable under s. 563.73 (2). In addition, such refusal constitutes sufficient grounds for any peace officer or other persons authorized under this section within their respective jurisdictions or authority to employ whatever reasonable action is necessary to conduct inspections permitted by this section.

AB100-engrossed, s. 4712 Section 4712. 563.73 (4) of the statutes is amended to read:

AB100-engrossed,2059,7 563.73 (4) The department of justice, the board department or the district attorney of a county of an actual or potential violation, after informing the department of justice, may commence an action in the circuit court in the name of the state to restrain any violation of any provision of this chapter. The court may, prior to entry of final judgment, make such an order or judgment as necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the violation, provided proof thereof is submitted to the court. The department of justice may subpoena persons, require the production of books and other documents and request the board department to exercise its authority to aid in the investigation of alleged violations of this section.

AB100-engrossed, s. 4713 Section 4713. 563.90 of the statutes is amended to read:

AB100-engrossed,2059,16 563.90 Qualified organizations. Any local religious, charitable, service, fraternal or veterans organization or any organization to which contributions are deductible for federal income tax purposes or state income or franchise tax purposes, which has been in existence for one year immediately preceding its application for a license or which is chartered by a state or national organization which has been in existence for at least 3 years, may conduct a raffle upon receiving a license for the raffle event from the board department. No other person may conduct a raffle in this state.

AB100-engrossed, s. 4714 Section 4714. 563.92 (1m) of the statutes is amended to read:

AB100-engrossed,2059,22 563.92 (1m) The board department 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 board department 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.

AB100-engrossed, s. 4715 Section 4715. 563.92 (2) of the statutes is amended to read:

AB100-engrossed,2060,3 563.92 (2) The fee for a 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). The board department shall issue the license within 30 days after the filing of an application if the applicant qualifies under s. 563.90 and has not exceeded the limits of s. 563.91.

AB100-engrossed, s. 4716 Section 4716. 563.92 (4) of the statutes is amended to read:

AB100-engrossed,2060,7 563.92 (4) Proceedings to suspend or revoke a license to conduct raffles shall be initiated by the board department pursuant to the rules promulgated under s. 563.05 (4).

AB100-engrossed, s. 4717 Section 4717. 563.93 (1) (a) of the statutes is amended to read:

AB100-engrossed,2060,9 563.93 (1) (a) The number of the license issued by the board department.

AB100-engrossed, s. 4718 Section 4718. 563.935 (6) (a) of the statutes is amended to read:

AB100-engrossed,2060,17 563.935 (6) (a) Except as provided in par. (b), the purchaser of a ticket must be present at the drawing to win a prize, unless the purchaser gives the ticket to another person who may claim the prize on behalf of the purchaser, but only if that other person is present at the drawing. If the purchaser of the ticket gives the ticket to another person to claim a prize on behalf of the purchaser, the organization conducting the raffle and the commission department shall not be held responsible or liable in any dispute regarding the ownership of the ticket.

AB100-engrossed, s. 4719 Section 4719. 563.95 of the statutes is amended to read:

AB100-engrossed,2061,4 563.95 Denial of application; hearing. Within 30 days after receiving written notification of a denial by the board department of a license to conduct a raffle, an applicant may demand in writing a hearing before the board department upon the applicant's qualifications and the merit of the application. At the hearing, the burden of proof shall be on the applicant to establish eligibility for a license. If, after the hearing, the board department enters an order denying the application, the order shall set forth in detail the reasons for the denial. Upon entry of such an order or upon expiration of the 30-day period during which a hearing may be demanded, the applicant's license fee shall be refunded. If the board department approves the application, the board department shall issue the license within 14 days after approval.

AB100-engrossed, s. 4720 Section 4720. 563.97 of the statutes is amended to read:

AB100-engrossed,2061,10 563.97 Records. Each organization licensed to conduct raffles shall maintain a list of the names and addresses of all persons winning prizes with a retail value of $100 or more, and the prizes won, for at least 12 months after each raffle is conducted. The list shall be available at reasonable times for public examination and shall be provided to the board department upon request.

AB100-engrossed, s. 4721 Section 4721. 563.98 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,2061,16 563.98 (1) (intro.) Each organization licensed under this subchapter shall, on or before the last day of the 12th month beginning after the date on which the license is issued and on or before that same date in each subsequent year, report the following information in writing to the board department regarding the raffles which it has conducted: