Amendment ASA1-AB100

AB100-ASA1,1772,17 563.10 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-ASA1, s. 3285 Section 3285. 563.12 (intro.) of the statutes is amended to read:

AB100-ASA1,1772,22 563.12 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-ASA1, s. 3286 Section 3286. 563.12 (2) of the statutes is amended to read:

AB100-ASA1,1773,3 563.12 (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-ASA1, s. 3287 Section 3287. 563.14 (intro.) of the statutes is amended to read:

AB100-ASA1,1773,8 563.14 (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-ASA1, s. 3288 Section 3288. 563.15 (1) of the statutes is amended to read:

AB100-ASA1,1773,17 563.15 (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-ASA1, s. 3289 Section 3289. 563.15 (1m) of the statutes is amended to read:

AB100-ASA1,1773,21 563.15 (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-ASA1, s. 3290 Section 3290. 563.16 of the statutes is amended to read:

AB100-ASA1,1774,8 563.16 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-ASA1, s. 3291 Section 3291. 563.17 of the statutes is amended to read:

AB100-ASA1,1774,20 563.17 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-ASA1, s. 3292 Section 3292. 563.18 (1) of the statutes is amended to read:

AB100-ASA1,1774,24 563.18 (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-ASA1, s. 3293 Section 3293. 563.18 (3) of the statutes is amended to read:

AB100-ASA1,1775,2 563.18 (3) The board's department's decision under this section is subject to judicial review under ch. 227.

AB100-ASA1, s. 3294 Section 3294. 563.18 (4) of the statutes is amended to read:

AB100-ASA1,1775,9 563.18 (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-ASA1, s. 3295 Section 3295. 563.21 of the statutes is amended to read:

AB100-ASA1,1775,13 563.21 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-ASA1, s. 3296 Section 3296. 563.22 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1775,17 563.22 (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-ASA1, s. 3297 Section 3297. 563.22 (1) (g) of the statutes is amended to read:

AB100-ASA1,1775,21 563.22 (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-ASA1, s. 3298 Section 3298. 563.24 of the statutes is amended to read:

AB100-ASA1,1776,12 563.24 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-ASA1, s. 3299 Section 3299. 563.25 of the statutes is amended to read:

AB100-ASA1,1776,24 563.25 (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-ASA1, s. 3300 Section 3300. 563.26 of the statutes is amended to read:

AB100-ASA1,1777,9 563.26 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-ASA1, s. 3301 Section 3301. 563.29 (3) of the statutes is amended to read:

AB100-ASA1,1777,13 563.29 (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-ASA1, s. 3302 Section 3302. 563.53 (1) of the statutes is amended to read:

AB100-ASA1,1777,16 563.53 (1) All special bingo cards shall be in a form approved by the board department.

AB100-ASA1, s. 3303 Section 3303. 563.61 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1777,24 563.61 (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-ASA1, s. 3304 Section 3304. 563.61 (3) of the statutes is amended to read:

AB100-ASA1,1778,2 563.61 (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-ASA1, s. 3305 Section 3305. 563.62 (1) of the statutes is amended to read:

AB100-ASA1,1778,6 563.62 (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-ASA1, s. 3306 Section 3306. 563.62 (2) of the statutes is amended to read:

AB100-ASA1,1778,11 563.62 (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-ASA1, s. 3307 Section 3307. 563.62 (3) of the statutes is amended to read:

AB100-ASA1,1778,16 563.62 (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-ASA1, s. 3308 Section 3308. 563.64 (2) of the statutes is amended to read:

AB100-ASA1,1779,4 563.64 (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-ASA1, s. 3309 Section 3309. 563.65 of the statutes is amended to read:

AB100-ASA1,1779,14 563.65 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-ASA1, s. 3310 Section 3310. 563.68 (2) of the statutes is amended to read:

AB100-ASA1,1779,17 563.68 (2) In accordance with a plan of expenditure approved in advance by the board department.

AB100-ASA1, s. 3311 Section 3311. 563.72 of the statutes is amended to read:

AB100-ASA1,1780,5 563.72 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-ASA1, s. 3312 Section 3312. 563.73 (4) of the statutes is amended to read:

AB100-ASA1,1780,16 563.73 (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-ASA1, s. 3313 Section 3313. 563.90 of the statutes is amended to read:

AB100-ASA1,1780,25 563.90 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-ASA1, s. 3314 Section 3314. 563.92 (1m) of the statutes is amended to read:

AB100-ASA1,1781,6 563.92 (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-ASA1, s. 3315 Section 3315. 563.92 (2) of the statutes is amended to read:

AB100-ASA1,1781,12 563.92 (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-ASA1, s. 3316 Section 3316. 563.92 (4) of the statutes is amended to read:

AB100-ASA1,1781,16 563.92 (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-ASA1, s. 3317 Section 3317. 563.93 (1) (a) of the statutes is amended to read:

AB100-ASA1,1781,18 563.93 (1) (a) The number of the license issued by the board department.

AB100-ASA1, s. 3318 Section 3318. 563.935 (6) (a) of the statutes is amended to read:

AB100-ASA1,1782,2 563.935 (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-ASA1, s. 3319 Section 3319. 563.95 of the statutes is amended to read:

AB100-ASA1,1782,14 563.95 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-ASA1, s. 3320 Section 3320. 563.97 of the statutes is amended to read:

AB100-ASA1,1782,20 563.97 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-ASA1, s. 3321 Section 3321. 563.98 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1783,2 563.98 (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:

AB100-ASA1, s. 3322 Section 3322. 563.98 (1c) of the statutes is amended to read:

AB100-ASA1,1783,6 563.98 (1c) Upon request of any organization that conducts a raffle during the month in which the report under sub. (1) is due, the board department may extend by not more than 30 days the deadline for submitting the report.

AB100-ASA1, s. 3323 Section 3323. 563.98 (1m) of the statutes is amended to read:

AB100-ASA1,1783,12 563.98 (1m) Any organization that reports to the board department under sub. (1) and that had total receipts from the conduct of raffles of more than $50,000 during the reporting period shall include in its report a list of the names and addresses of all persons winning prizes with a retail value of $100 or more, and the prizes won, during the reporting period.

AB100-ASA1, s. 3324 Section 3324. 563.98 (2) of the statutes is amended to read:

AB100-ASA1,1783,17 563.98 (2) If a copy of the financial report is not filed or is not fully, accurately and truthfully completed, or if the fee specified in sub. (1g) is not paid, the board department may refuse to renew a license or may suspend a license until the report in proper form has been filed or the fee is paid.

AB100-ASA1, s. 3325 Section 3325. 564.02 (1) (ac) of the statutes is created to read:

AB100-ASA1,1783,19 564.02 (1) (ac) "Department" means the department of administration.

AB100-ASA1, s. 3326 Section 3326. 564.02 (1) (ag) of the statutes is created to read:

AB100-ASA1,1783,22 564.02 (1) (ag) "Division of gaming" means the division of gaming in the department.

AB100-ASA1, s. 3327 Section 3327. 564.02 (1m) of the statutes is created to read:

AB100-ASA1,1783,24 564.02 (1m) The department may do any of the following:

AB100-ASA1,1784,2 (a) Provide all of the security services for the crane game operations under this chapter.

AB100-ASA1,1784,4 (b) Monitor the regulatory compliance of crane game operations under this chapter.