AB14: Bill Text

January 27, 2015 - Introduced by Representatives Kuglitsch, Tittl, August, Ballweg, Czaja, Gannon, Knodl, Knudson, T. Larson, Mursau, Ohnstad, Quinn, Ripp, Rohrkaste, Katsma, Skowronski, Steffen, Vorpagel, Weatherston and Kahl, cosponsored by Senators LeMahieu, Gudex, Lasee, Olsen, Petrowski and Wirch. Referred to Committee on State Affairs and Government Operations.

AB14,2,2 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 (4e), 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.

Analysis by the Legislative Reference Bureau

Under current law, a not-for-profit, religious, charitable, service, fraternal, or veterans organization that serves a geographic area that is limited to Wisconsin and that has existed for at least one year or is chartered by a state or national organization that has existed for at least three years may obtain a license to conduct raffles.

Under rules promulgated by the Department of Administration (DOA), an organization with a Class A raffle license may conduct single-event raffles or a calendar raffle. Current law defines a calendar raffle as a raffle for which a drawing is held and a prize awarded on each date specified in a calendar. This bill defines a single-event raffle to be 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. Under current law, an organization with a Class B raffle license may conduct raffles in which more than one drawing may be made from more than one container, each container is specific to a prize or group of prizes, and ticket purchasers place their tickets in the containers of their choice.

Current law allows two types of raffles to be conducted: (1) a game of chance for which tickets or calendars are sold and a drawing for prizes is held and (2) a game of chance for which a different method is used to determine a winner (alternate raffle) that has been approved by DOA. Current law requires any alternate raffle approved by DOA to be based on the winner being determined by random selection with all participants having an equal opportunity to win.

Under current law, an organization that holds a Class A or Class B raffle license may apply to DOA to conduct an alternate raffle. DOA may not issue a license for an alternate raffle unless it determines that the raffle will comply with all requirements under the statute and applicable rules. Current law requires DOA to approve a license for an alternate raffle that consists of flexible plastic or rubber ducks being used in a race (duck race) and to establish requirements for conducting a duck race so that it will comply with all requirements under the statute and applicable rules.

This bill removes DOA's authority to approve an alternate raffle. Instead, this bill authorizes raffles that involve either of two types of drawings: (1) a drawing in which a winner is determined by random selection of a ticket or calendar portion from a container housing all portions of tickets or calendars purchased for the selection and (2) a drawing in which the winner is determined by a duck race. Under this bill, a raffle may not be conducted unless any winner in a raffle is determined by a drawing with all tickets or calendars having an equal opportunity to win.

Under current law, a Class A licensee may charge up to $500 for a raffle ticket and up to $10 for each month covered by a calendar raffle. Under a Class B raffle, current law allows tickets to be sold for no more than $10 each. This bill removes all limits on the prices of raffle tickets and calendars.

Under current law, an organization with a raffle license may conduct no more than 200 raffles in a 12-month period. This bill increases this maximum to 365 raffles.

Under current law, an organization with a Class B raffle license may sell tickets for a raffle drawing only on the day of the drawing or within 24 hours immediately preceding the start of the drawing. Under this bill, a Class B licensee may sell tickets before the day of a drawing if the tickets are not delivered to purchasers until the day of the drawing.

Under current law, a Class A licensee may sell raffle tickets up to 270 days before the day of a raffle drawing, except that an organization that existed five years before obtaining a Class A license may sell raffle tickets up to one year before the day of the drawing. This bill extends this period to one year for all Class A licensees.

Current law allows a Class A licensee to sell equal shares of a single ticket to one or more purchasers. This bill allows this only if certain requirements are met, including that not more than four shares of a single ticket be sold and that no discount be offered to the purchaser of more than one share of a ticket.

Current law requires DOA to promulgate rules relating to the conduct of raffles. This bill removes that authority.

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:

AB14,1 Section 1. 563.02 (1) of the statutes is amended to read:

AB14,3,5 563.02 (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.

AB14,2 Section 2. 563.02 (1m) of the statutes is created to read:

AB14,3,8 563.02 (1m) All phases of the conduct of raffles should be closely controlled by appropriate laws, which should be uniformly enforced throughout this state.

AB14,3 Section 3. 563.03 (4e) of the statutes is amended to read:

AB14,4,3 563.03 (4e) "Calendar" means a tabular register of days covering not less than one nor more than 12 calendar months that is used or intended to be used for a entitles the purchaser to one entry in each drawing in a calendar raffle.

AB14,4 Section 4. 563.03 (4m) of the statutes is amended to read:

AB14,4,7 563.03 (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.

AB14,5 Section 5. 563.03 (4p) of the statutes is repealed.

AB14,6 Section 6. 563.03 (5r) of the statutes is amended to read:

AB14,4,11 563.03 (5r) "Drawing" means a method of random any of the following methods for determining a winner of a game of chance:

AB14,4,14 (a) Random selection of a raffle ticket portion or calendar portion from a container housing portions of all raffle tickets or calendars purchased for the raffle, with such selection used to determine a winner; determination of a winner in a .

AB14,4,16 (b) A plastic or rubber duck race; or any other method that is used to determine a winner and that is approved by the department under s. 563.909.

AB14,7 Section 7. 563.03 (10m) of the statutes is created to read:

AB14,4,19 563.03 (10m) "Multiple-container raffle" means a raffle to which all of the following apply:

AB14,4,21 (a) One or more drawings are held and one or more prizes are awarded on the same date and at the same location.

AB14,4,23 (b) A drawing for each prize or group of prizes is made from a container specific to each prize or group of prizes.

AB14,4,25 (c) The ticket purchaser places his or her ticket in the container of his or her choice.

AB14,8 Section 8. 563.03 (11) of the statutes is amended to read:

AB14,5,3 563.03 (11) "Premises" means any room, hall, enclosure, tent, or outdoor area in which bingo is being played or a raffle drawing is being held.

AB14,9 Section 9. 563.03 (12r) of the statutes is amended to read:

AB14,5,8 563.03 (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.

AB14,10 Section 10. 563.03 (14w) of the statutes is created to read:

AB14,5,12 563.03 (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.

AB14,11 Section 11. 563.03 (17) of the statutes is created to read:

AB14,5,15 563.03 (17) "Ticket" means an instrument that entitles the purchaser to one entry in a raffle other than a calendar raffle.

AB14,12 Section 12. 563.04 (2) of the statutes is amended to read:

AB14,5,18 563.04 (2) Conduct hearings on the suspension or revocation of a license for violation of this chapter or any applicable rules promulgated under it.

AB14,13 Section 13. 563.04 (3) of the statutes is amended to read:

AB14,5,22 563.04 (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.

AB14,14 Section 14. 563.04 (11) of the statutes is repealed.

AB14,15 Section 15. 563.04 (14) of the statutes is repealed.

AB14,16 Section 16. 563.05 (title) of the statutes is repealed and recreated to read:

AB14,6,1 563.05 (title) Departmental duties; powers; prohibitions.

AB14,17 Section 17. 563.05 (2) of the statutes is amended to read:

AB14,6,6 563.05 (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.

AB14,18 Section 18. 563.05 (3) of the statutes is amended to read:

AB14,6,11 563.05 (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.

AB14,19 Section 19. 563.05 (4) of the statutes is amended to read:

AB14,6,16 563.05 (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.

AB14,20 Section 20. 563.05 (4m) of the statutes is created to read:

AB14,6,20 563.05 (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.

AB14,21 Section 21. 563.10 of the statutes is amended to read:

AB14,7,5 563.10 Rules governing commingling of receipts restricted prohibited. 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.

AB14,22 Section 22. 563.905 (title) of the statutes is repealed.

AB14,23 Section 23. 563.905 (intro.) of the statutes is repealed.

AB14,24 Section 24. 563.905 (1) of the statutes is renumbered 563.907 (2) and amended to read:

AB14,7,13 563.907 (2) "Local organization" means an organization Local organizations that may conduct raffles include only those organizations whose activities are limited to this state, to a specific geographical area within this state, or to a specific geographical area that is partly within this state and partly within another state.

AB14,25 Section 25. 563.905 (2) of the statutes is renumbered 563.907 (3), and 563.907 (3) (intro.), as renumbered, is amended to read:

AB14,7,17 563.907 (3) (intro.) "Service organization" includes Service organizations that may conduct raffles include all of the following:

AB14,26 Section 26. 563.907 of the statutes is renumbered 563.907 (1).

AB14,27 Section 27 . 563.908 (intro.) of the statutes is renumbered 563.908 and amended to read:

AB14,7,24 563.908 Types of Requirements of raffles allowed. A raffle may not be conducted in this state unless it is one of the following types: any winner in the raffle is determined by a drawing with all tickets or calendars having an equal opportunity to win.

AB14,28 Section 28. 563.908 (1) of the statutes is repealed.

AB14,29 Section 29. 563.908 (2) of the statutes is repealed.

AB14,30 Section 30. 563.909 of the statutes is repealed.

AB14,31 Section 31. 563.91 of the statutes is amended to read:

AB14,8,7 563.91 Limit. No qualified organization under s. 563.907 may conduct more than 200 365 raffles or more than one calendar raffle during a year. A raffle for which one or more drawings are held on one day at one location is one raffle for purposes of this section.

AB14,32 Section 32. 563.92 (1m) of the statutes is repealed and recreated to read:

AB14,8,10 563.92 (1m) (a) The department may issue a Class A license or a Class B license to any qualified organization that applies.

AB14,8,11 (b) Under a Class A license, an organization may do all of the following:

AB14,8,13 1. Conduct single-container raffles, a calendar raffle, or plastic or rubber duck races if the raffles or races are authorized under s. 563.908.

AB14,8,14 2. Sell some or all tickets on days other than the same day as the drawing.

AB14,8,15 3. Sell equal shares of a single ticket to one or more purchasers.

AB14,8,16 (c) Under a Class B license, an organization may do all of the following:

AB14,8,18 1. Conduct multiple-container raffles or plastic or rubber duck races if the raffles or races are authorized under s. 563.908.

AB14,8,19 2. Sell tickets in either of the following ways:

AB14,8,20 a. On the same day as the drawing.

AB14,8,22 b. On more than one day if the organization distributes tickets to purchasers only at the event at which the drawing will take place.

AB14,33 Section 33. 563.92 (2) of the statutes is amended to read: