Amendment ASA1-AB100

AB100-ASA1, s. 3265 Section 3265. 562.12 (3) of the statutes is amended to read:

AB100-ASA1,1768,15 562.12 (3) Bribe or extort, or attempt to bribe or extort, any member, employe or agent of the board department or any other person having charge of or access to an animal on a racetrack.

AB100-ASA1, s. 3266 Section 3266. 562.124 (1) of the statutes is amended to read:

AB100-ASA1,1768,19 562.124 (1) The board department may authorize on-track pari-mutuel wagering on snowmobile racing at times and places, as determined by the board department, that do not conflict with other racing authorized by this chapter.

AB100-ASA1, s. 3267 Section 3267. 562.124 (2) of the statutes is amended to read:

AB100-ASA1,1769,2 562.124 (2) If the board department authorizes on-track pari-mutuel wagering on snowmobile racing under sub. (1), the board department shall regulate the pari-mutuel wagering and shall promulgate all rules necessary to administer this section. Through its rules, the board department shall do everything necessary to ensure the public interest and protect the integrity of the sport of snowmobile racing.

AB100-ASA1, s. 3268 Section 3268. 563.03 (5) of the statutes is created to read:

AB100-ASA1,1769,4 563.03 (5) "Department" means the department of administration.

AB100-ASA1, s. 3269 Section 3269. 563.03 (5m) of the statutes is created to read:

AB100-ASA1,1769,7 563.03 (5m) "Division of gaming" means the division of gaming in the department.

AB100-ASA1, s. 3270 Section 3270. Subchapter II (title) of chapter 563 [precedes 563.04] of the statutes is repealed and recreated to read:

AB100-ASA1,1769,10 CHAPTER 563

AB100-ASA1,1769,12 SUBCHAPTER II DUTIES AND POWERS

AB100-ASA1, s. 3271 Section 3271. 563.04 (intro.) of the statutes is amended to read:

AB100-ASA1,1769,15 563.04 (title) General duties of the board department. (intro.) The board department shall:

AB100-ASA1, s. 3272 Section 3272. 563.05 (title) of the statutes is amended to read:

AB100-ASA1,1769,17 563.05 (title) Powers and duties of board department.

AB100-ASA1, s. 3273 Section 3273. 563.05 (2) of the statutes is amended to read:

AB100-ASA1,1769,22 563.05 (2) The board department may promulgate rules requiring holders of licenses issued under this chapter to post a notice in a conspicuous place where a bingo occasion or raffle drawing is conducted describing the procedures for filing a complaint against the holder.

AB100-ASA1, s. 3274 Section 3274. 563.05 (3) of the statutes is amended to read:

AB100-ASA1,1770,2 563.05 (3) The board department may promulgate rules specifying the number of business days within which the board department must review and make a determination on an application for a permit, as defined in s. 560.41 (2), that is issued under this chapter.

AB100-ASA1, s. 3275 Section 3275. 563.05 (4) of the statutes is amended to read:

AB100-ASA1,1770,7 563.05 (4) The board department may promulgate rules defining procedures to be used by the board department for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings under this chapter.

AB100-ASA1, s. 3276 Section 3276. 563.05 (5) (intro.) of the statutes is repealed and recreated to read:

AB100-ASA1,1770,15 563.05 (5) (intro.) No employe in the division of gaming who performs any duty related to bingo or raffles or the executive assistant or the secretary or deputy secretary of administration and no member of such a person's immediate family, as defined in s. 19.42 (7), may, while that person is employed or serves in such a capacity or for 2 years following the termination of his or her employment with the department after having served in such a capacity, do any of the following:

AB100-ASA1, s. 3277 Section 3277. 563.05 (6) of the statutes is amended to read:

AB100-ASA1,1770,19 563.05 (6) The board department shall deposit credit all moneys received by the board department under this chapter, except s. 563.80, in to the appropriation account under s. 20.197 (1) 20.505 (8) (j) .

AB100-ASA1, s. 3278 Section 3278. 563.051 of the statutes is created to read:

AB100-ASA1,1770,22 563.051 Bingo and raffle security. The department may do any of the following:

AB100-ASA1,1770,24 (1) Provide all of the security services for the bingo and raffle operations under this chapter.

AB100-ASA1,1771,2 (2) Monitor the regulatory compliance of bingo and raffle operations under this chapter.

AB100-ASA1,1771,3 (3) Audit the bingo and raffle operations under this chapter.

AB100-ASA1,1771,4 (4) Investigate suspected violations of this chapter.

AB100-ASA1,1771,6 (5) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

AB100-ASA1,1771,9 (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-ASA1, s. 3279 Section 3279. 563.052 of the statutes is amended to read:

AB100-ASA1,1771,13 563.052 Council on charitable gaming. The council on charitable gaming shall advise the board department on all matters relating to the conduct of bingo and raffles under this chapter.

AB100-ASA1, s. 3280 Section 3280. 563.055 (1) of the statutes is amended to read:

AB100-ASA1,1771,19 563.055 (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-ASA1, s. 3281 Section 3281. 563.055 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1771,24 563.055 (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-ASA1, s. 3282 Section 3282. 563.055 (3) of the statutes is amended to read:

AB100-ASA1,1772,3 563.055 (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-ASA1, s. 3283 Section 3283. 563.055 (5) of the statutes is amended to read:

AB100-ASA1,1772,7 563.055 (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-ASA1, s. 3284 Section 3284. 563.10 of the statutes is amended to read:

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.