LRB-0241/1
EHS:sac&eev:jf
2015 - 2016 LEGISLATURE
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
1An Act to repeal 563.03 (4p), 563.04 (11), 563.04 (14), 563.905 (title), 563.905
2(intro.), 563.908 (1), 563.908 (2), 563.909, 563.93 (2), 563.93 (2m), 563.93 (4) (b),
3563.93 (8), 563.935 (3), 563.935 (10), 563.98 (1) (e), 563.98 (1c) and 563.98 (1m);
4to renumber 563.907;
to renumber and amend 563.905 (1), 563.905 (2),
5563.908 (intro.), 563.93 (1), 563.93 (1s), 563.93 (3), 563.93 (4) (a), 563.93 (4m),
6563.93 (5), 563.93 (6), 563.93 (7), 563.93 (9), 563.935 (6) and 563.97;
to amend
7563.02 (1), 563.03 (4e), 563.03 (4m), 563.03 (5r), 563.03 (11), 563.03 (12r),
8563.04 (2), 563.04 (3), 563.05 (2), 563.05 (3), 563.05 (4), 563.10, 563.91, 563.92
9(2), 563.92 (4), 563.935 (1), 563.935 (4), 563.935 (5), 563.935 (9), 563.94, 563.95,
10563.98 (1) (intro.), 563.98 (1) (f), 563.98 (1g), 563.98 (2) and 945.01 (3) (b) 1.;
to
11repeal and recreate 563.05 (title) and 563.92 (1m); and
to create 563.02 (1m),
12563.03 (10m), 563.03 (14w), 563.03 (17), 563.05 (4m), 563.925, 563.93 (2g)
13(intro.), (a), (b), (g) and (h), 563.93 (2r), 563.93 (3e), 563.93 (3i), 563.93 (3m),
1563.935 (1m), 563.935 (6) (b), 563.935 (6) (c), 563.97 (2) and 563.98 (1e) of the
2statutes;
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
1Section
1. 563.02 (1) of the statutes is amended to read:
AB14,3,52
563.02
(1) All phases of the conduct of bingo
and raffles, except bingo games
3using free cards and donated prizes for which no payment of consideration is made
4by participants, should be closely controlled by appropriate laws and rules
, which
5should be
strictly and uniformly enforced throughout this state.
AB14,2
6Section
2. 563.02 (1m) of the statutes is created to read:
AB14,3,87
563.02
(1m) All phases of the conduct of raffles should be closely controlled by
8appropriate laws, which should be uniformly enforced throughout this state.
AB14,3
9Section
3. 563.03 (4e) of the statutes is amended to read:
AB14,4,3
1563.03
(4e) "Calendar" means a tabular register of days covering not less than
2one nor more than 12 calendar months that
is used or intended to be used for a 3entitles the purchaser to one entry in each drawing in a calendar raffle.
AB14,4
4Section
4. 563.03 (4m) of the statutes is amended to read:
AB14,4,75
563.03
(4m) "Calendar raffle" means a raffle for which a drawing is held and
6a prize awarded on each date specified in a calendar
as a date upon which a prize will
7be awarded.
AB14,5
8Section
5. 563.03 (4p) of the statutes is repealed.
AB14,6
9Section
6. 563.03 (5r) of the statutes is amended to read:
AB14,4,1110
563.03
(5r) "Drawing" means
a method of random any of the following methods
11for determining a winner of a game of chance:
AB14,4,14
12(a) Random selection of a
raffle ticket portion
or calendar portion from a
13container housing
portions of all
raffle tickets
or calendars purchased for the
raffle,
14with such selection
used to determine a winner; determination of a winner in a .
AB14,4,16
15(b) A plastic or rubber duck race
; or any other method that is used to determine
16a winner and that is approved by the department under s. 563.909.
AB14,7
17Section
7. 563.03 (10m) of the statutes is created to read:
AB14,4,1918
563.03
(10m) "Multiple-container raffle" means a raffle to which all of the
19following apply:
AB14,4,2120
(a) One or more drawings are held and one or more prizes are awarded on the
21same date and at the same location.
AB14,4,2322
(b) A drawing for each prize or group of prizes is made from a container specific
23to each prize or group of prizes.
AB14,4,2524
(c) The ticket purchaser places his or her ticket in the container of his or her
25choice.
AB14,8
1Section
8. 563.03 (11) of the statutes is amended to read:
AB14,5,32
563.03
(11) "Premises" means any room, hall, enclosure, tent, or outdoor area
3in which bingo is being played
or a raffle drawing is being held.
AB14,9
4Section
9. 563.03 (12r) of the statutes is amended to read:
AB14,5,85
563.03
(12r) "Raffle
game" means
a game as described under s. 563.908 (1) or
6a plastic or rubber duck race or other game of chance that has been approved by the
7department under s. 563.909 a game of chance for which tickets or calendars are sold
8and one or more drawings for prizes are held.
AB14,10
9Section
10. 563.03 (14w) of the statutes is created to read:
AB14,5,1210
563.03
(14w) "Single-container raffle" means a raffle for which one or more
11drawings from a single container are held and one or more prizes are awarded on one
12date and at one location.
AB14,11
13Section
11. 563.03 (17) of the statutes is created to read:
AB14,5,1514
563.03
(17) "Ticket" means an instrument that entitles the purchaser to one
15entry in a raffle other than a calendar raffle.
AB14,12
16Section
12. 563.04 (2) of the statutes is amended to read:
AB14,5,1817
563.04
(2) Conduct hearings on the suspension or revocation of a license for
18violation of this chapter or any
applicable rules promulgated under it.
AB14,13
19Section
13. 563.04 (3) of the statutes is amended to read:
AB14,5,2220
563.04
(3) Promulgate rules under ch. 227 relating to the issuance, renewal,
21amendment, suspension
, and revocation of bingo
and raffle licenses and the conduct
22of bingo under this chapter.
AB14,14
23Section
14. 563.04 (11) of the statutes is repealed.
AB14,15
24Section
15. 563.04 (14) of the statutes is repealed.
AB14,16
25Section
16. 563.05 (title) of the statutes is repealed and recreated to read:
AB14,6,1
1563.05 (title)
Departmental duties; powers; prohibitions.
AB14,17
2Section
17. 563.05 (2) of the statutes is amended to read:
AB14,6,63
563.05
(2) The department may promulgate rules requiring holders of licenses
4issued under
this chapter subch. III to post a notice in a conspicuous place where a
5bingo occasion
or raffle drawing is being conducted describing the procedures for
6filing a complaint against the holder.
AB14,18
7Section
18. 563.05 (3) of the statutes is amended to read:
AB14,6,118
563.05
(3) The department may promulgate rules specifying the number of
9business days within which the department must review and make a determination
10on an application for a
permit, as defined in s. 227.116 (1g), license that is issued
11under
this chapter subch. III.
AB14,19
12Section
19. 563.05 (4) of the statutes is amended to read:
AB14,6,1613
563.05
(4) The department may promulgate rules
defining relating to bingo
14that establish procedures to be used by the department for receiving, filing
, and
15investigating complaints, for commencing disciplinary proceedings
, and for
16conducting hearings
under this chapter.
AB14,20
17Section
20. 563.05 (4m) of the statutes is created to read:
AB14,6,2018
563.05
(4m) Notwithstanding s. 227.11, the department may not promulgate
19or enforce any rule that interprets the provisions under subch. VIII or any other
20provisions under this chapter that relate to raffles.
AB14,21
21Section
21. 563.10 of the statutes is amended to read:
AB14,7,5
22563.10 Rules governing commingling of receipts restricted prohibited. 23Notwithstanding ss. 227.11 (2), 227.24 (1) (a) and 563.04 (3), the The department
24may not promulgate any
emergency rule relating to the commingling of bingo and
25raffle receipts
unless it can clearly establish that commingling will occur without
1such rule and that the rule will effectively prevent commingling. The department
2shall set forth any such finding in its proposed rule. If upon review under s. 227.40,
3the court finds that the finding of fact upon which any emergency rule relating to
4such commingling is based is unsupported by clear and convincing evidence, the rule
5is invalid.
AB14,22
6Section
22. 563.905 (title) of the statutes is repealed.
AB14,23
7Section
23. 563.905 (intro.) of the statutes is repealed.
AB14,24
8Section
24. 563.905 (1) of the statutes is renumbered 563.907 (2) and amended
9to read:
AB14,7,1310
563.907
(2) "Local organization" means an organization Local organizations
11that may conduct raffles include only those organizations whose activities are
12limited to this state, to a specific geographical area within this state, or to a specific
13geographical area that is partly within this state and partly within another state.
AB14,25
14Section
25. 563.905 (2) of the statutes is renumbered 563.907 (3), and 563.907
15(3) (intro.), as renumbered, is amended to read:
AB14,7,1716
563.907
(3) (intro.)
"Service organization" includes Service organizations that
17may conduct raffles include all of the following:
AB14,26
18Section
26. 563.907 of the statutes is renumbered 563.907 (1).
AB14,27
19Section
27
. 563.908 (intro.) of the statutes is renumbered 563.908 and
20amended to read:
AB14,7,24
21563.908 Types of Requirements of raffles allowed. A raffle may not be
22conducted in this state unless
it is one of the following types: any winner in the raffle
23is determined by a drawing with all tickets or calendars having an equal opportunity
24to win.
AB14,28
25Section
28. 563.908 (1) of the statutes is repealed.
AB14,29
1Section
29. 563.908 (2) of the statutes is repealed.