AB100-ASA1,1769,221
562.124
(2) If the
board department authorizes on-track pari-mutuel
22wagering on snowmobile racing under sub. (1), the
board department shall regulate
23the pari-mutuel wagering and shall promulgate all rules necessary to administer
24this section. Through its rules, the
board department shall do everything necessary
1to ensure the public interest and protect the integrity of the sport of snowmobile
2racing.
AB100-ASA1,1769,44
563.03
(5) "Department" means the department of administration.
AB100-ASA1,1769,76
563.03
(5m) "Division of gaming" means the division of gaming in the
7department.
AB100-ASA1, s. 3270
8Section
3270. Subchapter II (title) of chapter 563 [precedes 563.04] of the
9statutes is repealed and recreated to read:
AB100-ASA1,1769,12
11SUBCHAPTER II
12
DUTIES AND POWERS
AB100-ASA1,1769,15
14563.04 (title)
General duties of the board department. (intro.) The
board 15department shall:
AB100-ASA1,1769,17
17563.05 (title)
Powers and duties of board department.
AB100-ASA1,1769,2219
563.05
(2) The
board department may promulgate rules requiring holders of
20licenses issued under this chapter to post a notice in a conspicuous place where a
21bingo occasion or raffle drawing is conducted describing the procedures for filing a
22complaint against the holder.
AB100-ASA1,1770,224
563.05
(3) The
board department may promulgate rules specifying the number
25of business days within which the
board department must review and make a
1determination on an application for a permit, as defined in s. 560.41 (2), that is issued
2under this chapter.
AB100-ASA1,1770,74
563.05
(4) The
board department may promulgate rules defining procedures
5to be used by the
board department for receiving, filing and investigating complaints,
6for commencing disciplinary proceedings and for conducting hearings under this
7chapter.
AB100-ASA1, s. 3276
8Section
3276. 563.05 (5) (intro.) of the statutes is repealed and recreated to
9read:
AB100-ASA1,1770,1510
563.05
(5) (intro.) No employe in the division of gaming who performs any duty
11related to bingo or raffles or the executive assistant or the secretary or deputy
12secretary of administration and no member of such a person's immediate family, as
13defined in s. 19.42 (7), may, while that person is employed or serves in such a capacity
14or for 2 years following the termination of his or her employment with the
15department after having served in such a capacity, do any of the following:
AB100-ASA1,1770,1917
563.05
(6) The
board department shall
deposit credit all moneys received by the
18board department under this chapter, except s. 563.80,
in to the appropriation
19account under s.
20.197 (1) 20.505 (8) (j) .
AB100-ASA1,1770,22
21563.051 Bingo and raffle security. The department may do any of the
22following:
AB100-ASA1,1770,24
23(1) Provide all of the security services for the bingo and raffle operations under
24this chapter.
AB100-ASA1,1771,2
1(2) Monitor the regulatory compliance of bingo and raffle operations under this
2chapter.
AB100-ASA1,1771,3
3(3) Audit the bingo and raffle operations under this chapter.
AB100-ASA1,1771,4
4(4) Investigate suspected violations of this chapter.
AB100-ASA1,1771,6
5(5) Report suspected gaming-related criminal activity to the division of
6criminal investigation in the department of justice for investigation by that division.
AB100-ASA1,1771,9
7(6) If the division of criminal investigation in the department of justice chooses
8not to investigate a report under sub. (5), coordinate an investigation of the suspected
9criminal activity with local law enforcement officials and district attorneys.
AB100-ASA1,1771,13
11563.052 Council on charitable gaming. The council on charitable gaming
12shall advise the
board department on all matters relating to the conduct of bingo and
13raffles under this chapter.
AB100-ASA1,1771,1915
563.055
(1) If the holder of a license issued under this chapter pays a fee
16required under s. 563.13 (4), 563.22 (2) or 563.92 (2) by check and the check is not
17paid by the bank upon which the check is drawn, the
board department may cancel
18the license on or after the 60th day after the
board
department receives the notice
19from the bank, subject to sub. (2).
AB100-ASA1,1771,2421
563.055
(2) (intro.) At least 20 days before canceling a license, the
board 22department shall mail a notice to the holder that informs the holder that the check
23was not paid by the bank and that the holder's license may be canceled on the date
24determined under sub. (1) unless the holder does all of the following before that date:
AB100-ASA1,1772,3
1563.055
(3) Nothing in sub. (1) or (2) prohibits the
board department from
2extending the date for cancellation to allow the holder additional time to comply with
3sub. (2) (a) and (b).
AB100-ASA1,1772,75
563.055
(5) The
board department may reinstate a license that has been
6canceled under this section only if the previous holder complies with sub. (2) (a) and
7(b) and pays a $30 reinstatement fee.
AB100-ASA1,1772,17
9563.10 Rules governing commingling of receipts restricted. 10Notwithstanding ss. 227.11 (2), 227.24 (1) (a) and 563.04 (3), the
board department 11may not promulgate any emergency rule relating to the commingling of bingo and
12raffle receipts unless it can clearly establish that commingling will occur without
13such rule and that the rule will effectively prevent commingling. The
board 14department shall set forth any such finding in its proposed rule. If upon review
15under s. 227.40, the court finds that the finding of fact upon which any emergency
16rule relating to such commingling is based is unsupported by clear and convincing
17evidence, the rule is invalid.
AB100-ASA1,1772,22
19563.12 Bingo license application. (intro.) Each applicant for a license to
20conduct bingo shall file with the
board department an application on a form
21prescribed by the
board department. Except as provided in s. 563.135, the
22application shall include:
AB100-ASA1,1773,3
1563.12
(2) Sufficient facts relating to the incorporation or organization of the
2applicant to enable the
board department to determine if the applicant is eligible for
3a license under this subchapter.
AB100-ASA1,1773,8
5563.14 (title)
Board Department determinations. (intro.) Upon receipt
6of an application for a license to conduct bingo, the
board department shall
7investigate the qualifications of the applicant and the merits of the application and
8before issuing a license shall determine that:
AB100-ASA1,1773,1710
563.15
(1) After making the determinations under s. 563.14, the
board 11department shall either notify the applicant organization in writing why a license
12is not being issued or issue a license to such applicant organization authorizing it to
13conduct bingo at the times and places set forth in the license. Except as provided in
14sub. (1m), a license issued under this subsection shall be effective for one year from
15the first day of the month of the first occasion listed on the license and may be
16renewed annually, except that an applicant organization may request that the
17license expire on the first day of any month within the one-year licensure period.
AB100-ASA1,1773,2119
563.15
(1m) A license issued under sub. (1) to an organization listed under s.
20563.11 (1) (b) to (d) shall remain in effect unless it is canceled, suspended or revoked
21by the
board department or withdrawn by the organization.
AB100-ASA1,1774,8
23563.16 Amendment of license to conduct bingo. Upon application by a
24licensed organization, a license may be amended, if the subject matter of the
25amendment properly and lawfully could have been included in the original license.
1An application for an amendment to a license shall be filed and processed in the same
2manner as an original application. An application for the amendment of a license
3shall be accompanied by a $3 fee. If any application for amendment seeks approval
4of additional bingo occasions or designates a new member responsible for the proper
5utilization of gross receipts, the appropriate fee under s. 563.13 (4) also shall be paid.
6If the
board department approves an application for an amendment to a license, a
7copy of the amendment shall be sent to the applicant who shall attach it to the
8original license.
AB100-ASA1,1774,20
10563.17 Denial of application; hearing. If the
board department denies a
11license to conduct bingo, within 30 days after receiving written notification of such
12denial, an applicant may demand in writing a hearing before the
board department 13upon the applicant's qualifications and the merit of the application. At the hearing,
14the burden of proof shall be on the applicant to establish his or her eligibility for a
15license. If, after the hearing, the
board department enters an order denying the
16application, the order shall set forth in detail the reasons for the denial. Upon entry
17of such an order or upon the expiration of the 30-day period during which a hearing
18may be demanded, the applicant's license fee shall be refunded less reasonable
19administrative costs. If the
board department approves the application, the
board 20department shall issue the license within 14 days after approval.
AB100-ASA1,1774,2422
563.18
(1) Proceedings to suspend or revoke a supplier's license or a license to
23conduct bingo shall be initiated by the
board department pursuant to the rules
24promulgated under s. 563.05 (4).
AB100-ASA1,1775,2
1563.18
(3) The
board's
department's decision under this section is subject to
2judicial review under ch. 227.
AB100-ASA1,1775,94
563.18
(4) When a license under this subchapter is suspended or revoked by
5the
board department, the licensee shall immediately surrender the license to the
6board department. A licensee whose license has been revoked may reapply for a
7license one year after the effective date of the revocation. If a license has been
8suspended under sub. (3), the
board department shall reinstate the license at the end
9of the period of suspension.
AB100-ASA1,1775,13
11563.21 Supplier's license. Any person intending to sell or distribute bingo
12supplies or equipment to a licensed organization shall apply to the
board department 13for a supplier's license.
AB100-ASA1,1775,1715
563.22
(1) (intro.) An application for a supplier's license shall be filed with the
16board department on a form prescribed by the
board department. The application
17shall include:
AB100-ASA1,1775,2119
563.22
(1) (g) If the applicant business is organized outside of this state, the
20name and address of a resident agent who is authorized to be served legal documents
21and receive notices, orders and directives of the
board department.
AB100-ASA1,1776,12
23563.24 Issuance of supplier's license. Upon receiving an application for a
24supplier's license, the
board department may require the applicant, or if the
25applicant is a corporation, limited liability company or partnership, its officers,
1directors, stockholders and members, to appear and testify under oath on the
2contents of the application. If the
board department determines that the supplier's
3license applicant possesses the requisite qualifications, a license shall be issued to
4the bingo supplier. A license issued under this section shall be effective for one year
5from the first day of the month of its issuance, and may be renewed annually. If the
6application is not approved, the department shall notify the applicant in writing of
7such action. Within 10 days after receipt of such notification, the applicant may
8demand a hearing before the
board department. At the hearing, the burden of proof
9shall be on the applicant to establish his or her qualifications and the merit of the
10application. The fee, less reasonable administrative costs, shall be refunded to the
11applicant upon entry of an order denying an application after hearing, or upon
12expiration of the period during which a hearing may be demanded.
AB100-ASA1,1776,24
14563.25 (title)
Supplier to notify board department of changes. During
15the pendency of an application for a supplier's license, the applicant shall
16immediately notify the
board department in writing of any change in the facts set
17forth in the application, including any change in any item in the application, in the
18organization, structure or mode of operation of the supplier's business and in the
19identity of persons named or required to be named in the application or the nature
20or extent of their interests. Within 10 days after any such change which occurs after
21the issuance of the license, the change shall be reported to the
board department.
22Failure to notify the
board department of such change shall constitute sufficient
23cause for denial of a pending license application or for suspension or revocation of a
24license which has been granted.
AB100-ASA1,1777,9
1563.26 Maintenance of supplier's books and records. Each licensed
2supplier shall maintain his or her books and records in such manner as to enable the
3board department to determine the gross sales of bingo supplies and equipment to
4licensed organizations. Invoices for the sale of bingo supplies and equipment shall
5include the name and license number of the organization to which the supplies were
6sold, the date and amount of the sale and an enumeration of the items sold. Each
7licensed supplier and formerly licensed supplier shall maintain his or her books and
8records for not less than 4 years and shall make them available at reasonable times
9for examination by the
board department or its authorized representatives.
AB100-ASA1,1777,1311
563.29
(3) No licensed supplier shall sell or distribute to a licensed
12organization any card unless it is identified in the standard set of bingo cards
13prescribed by the
board department.
AB100-ASA1,1777,1615
563.53
(1) All special bingo cards shall be in a form approved by the
board 16department.
AB100-ASA1,1777,2418
563.61
(1) (intro.) Each licensed organization shall file with the
board 19department , on a form prescribed by the
board department, a semiannual report of
20bingo operations for each 6-month period beginning on the date on which the
21organization's license is issued. The report is due on the 60th day after the last day
22of the reporting period. The report shall be accompanied by the payment of the gross
23receipts tax due. The licensed organization shall retain a copy of the report for its
24permanent records. The report shall include:
AB100-ASA1,1778,2
1563.61
(3) If no bingo games are held on a date when a license authorizes them
2to be held, a report to that effect shall be filed with the
board department.
AB100-ASA1,1778,64
563.62
(1) The
board department may refuse to renew a license of an
5organization found to be delinquent in filing its financial statement or found to have
6filed an incomplete statement of bingo operations.
AB100-ASA1,1778,118
563.62
(2) If a licensed organization fails to file a financial statement of bingo
9operations within 5 days after notification by the
board department of the
10delinquency, the
board department may suspend the license, pending the filing of
11the financial statement.
AB100-ASA1,1778,1613
563.62
(3) If the financial statement filed by a licensed organization is not fully,
14accurately and truthfully completed, the
board department may refuse to renew a
15license or may suspend a license until such time as a statement in proper form has
16been filed.
