Amendment ASA1-AB794

EHS:eev:jf

2013 - 2014 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 794

March 13, 2014 - Offered by Representative Kuglitsch.

AB794-ASA1,2,2 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 (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.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB794-ASA1,1 Section 1. 563.02 (1) of the statutes is amended to read:

AB794-ASA1,2,7 563.02 (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.

AB794-ASA1,2 Section 2. 563.02 (1m) of the statutes is created to read:

AB794-ASA1,2,10 563.02 (1m) All phases of the conduct of raffles should be closely controlled by appropriate laws, which should be uniformly enforced throughout this state.

AB794-ASA1,3 Section 3. 563.03 (4m) of the statutes is amended to read:

AB794-ASA1,2,14 563.03 (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.

AB794-ASA1,4 Section 4. 563.03 (4p) of the statutes, as created by 2013 Wisconsin Act .... (Assembly Bill 422), is repealed.

AB794-ASA1,5 Section 5. 563.03 (5r) of the statutes, as created by 2013 Wisconsin Act .... (Assembly Bill 422), is amended to read:

AB794-ASA1,2,20 563.03 (5r) "Drawing" means a method of random for determining a winner of a game of chance, including any of the following:

AB794-ASA1,2,23 (a) Random selection of a raffle ticket portion from a container housing all raffle tickets purchased for the raffle selection , with such selection used to determine a winner; determination of a winner in a.

AB794-ASA1,3,1 (b) A plastic or rubber duck race; or any.

AB794-ASA1,3,3 (c) Any other method that is used to determine for determining a winner and that is approved by the department under s. 563.909 authorized under s. 563.908.

AB794-ASA1,6 Section 6. 563.03 (10m) of the statutes is created to read:

AB794-ASA1,3,6 563.03 (10m) "Multiple-container raffle" means a raffle to which all of the following apply:

AB794-ASA1,3,8 (a) One or more drawings are held and one or more prizes are awarded on the same date and at the same location.

AB794-ASA1,3,10 (b) A drawing for each prize or group of prizes is made from a container specific to each prize or group of prizes.

AB794-ASA1,3,12 (c) The ticket purchaser places his or her ticket in the container of his or her choice.

AB794-ASA1,7 Section 7. 563.03 (11) of the statutes, as affected by 2013 Wisconsin Act .... (Assembly Bill 422), is amended to read:

AB794-ASA1,3,16 563.03 (11) "Premises" means any room, hall, enclosure, tent, or outdoor area in which bingo is being played or a raffle drawing is being held.

AB794-ASA1,8 Section 8. 563.03 (12r) of the statutes, as created by 2013 Wisconsin Act .... (Assembly Bill 422), is amended to read:

AB794-ASA1,3,22 563.03 (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.

AB794-ASA1,9 Section 9. 563.03 (14w) of the statutes is created to read:

AB794-ASA1,4,3 563.03 (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.

AB794-ASA1,10 Section 10. 563.03 (17) of the statutes is created to read:

AB794-ASA1,4,6 563.03 (17) "Ticket" means an instrument that entitles the purchaser to one entry in a raffle other than a calendar raffle.

AB794-ASA1,11 Section 11. 563.04 (2) of the statutes is amended to read:

AB794-ASA1,4,9 563.04 (2) Conduct hearings on the suspension or revocation of a license for violation of this chapter or any applicable rules promulgated under it.

AB794-ASA1,12 Section 12. 563.04 (3) of the statutes is amended to read:

AB794-ASA1,4,13 563.04 (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.

AB794-ASA1,13 Section 13. 563.04 (11) of the statutes is repealed.

AB794-ASA1,14 Section 14. 563.04 (14) of the statutes is repealed.

AB794-ASA1,15 Section 15. 563.05 (title) of the statutes is repealed and recreated to read:

AB794-ASA1,4,17 563.05 (title) Departmental duties; powers; prohibitions.

AB794-ASA1,16 Section 16. 563.05 (2) of the statutes, as affected by 2013 Wisconsin Act .... (Assembly Bill 422), is amended to read:

AB794-ASA1,4,23 563.05 (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.

AB794-ASA1,17 Section 17. 563.05 (3) of the statutes is amended to read:

AB794-ASA1,5,4 563.05 (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.

AB794-ASA1,18 Section 18. 563.05 (4) of the statutes is amended to read:

AB794-ASA1,5,9 563.05 (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.

AB794-ASA1,19 Section 19. 563.05 (4m) of the statutes is created to read:

AB794-ASA1,5,13 563.05 (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.

AB794-ASA1,20 Section 20. 563.10 of the statutes is amended to read:

AB794-ASA1,5,23 563.10 Rules governing commingling of receipts restricted. 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.

AB794-ASA1,21 Section 21. 563.905 (title) of the statutes is repealed.

AB794-ASA1,22 Section 22. 563.905 (intro.) of the statutes is repealed.

AB794-ASA1,23 Section 23. 563.905 (1) of the statutes is renumbered 563.907 (2) and amended to read:

AB794-ASA1,6,6 563.907 (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.

AB794-ASA1,24 Section 24. 563.905 (2) of the statutes is renumbered 563.907 (3), and 563.907 (3) (intro.), as renumbered, is amended to read:

AB794-ASA1,6,10 563.907 (3) (intro.) "Service organization" includes Service organizations that may conduct raffles include all of the following:

AB794-ASA1,25 Section 25. 563.907 of the statutes, as affected by 2013 Wisconsin Act .... (Assembly Bill 422), is renumbered 563.907 (1).

AB794-ASA1,26 Section 26. 563.908 (intro.) of the statutes, as created by 2013 Wisconsin Act .... (Assembly Bill 422), is renumbered 563.908 and amended to read:

AB794-ASA1,6,18 563.908 Types of Requirements of raffles allowed. A raffle may not be conducted in this state unless it is one of the following types: the winner of any drawing is determined by a random process with all tickets or calendars having an equal opportunity to win.

AB794-ASA1,27 Section 27. 563.908 (1) of the statutes, as created by 2013 Wisconsin Act .... (Assembly Bill 422), is repealed.

AB794-ASA1,28 Section 28. 563.908 (2) of the statutes, as created by 2013 Wisconsin Act .... (Assembly Bill 422), is repealed.

AB794-ASA1,29 Section 29. 563.909 of the statutes, as created by 2013 Wisconsin Act .... (Assembly Bill 422), is repealed.

AB794-ASA1,30 Section 30. 563.91 of the statutes, as affected by 2013 Wisconsin Act .... (Assembly Bill 422), is amended to read:

AB794-ASA1,7,6 563.91 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.

AB794-ASA1,31 Section 31. 563.92 (1m) of the statutes, as affected by 2013 Wisconsin Act .... (Assembly Bill 422), is repealed and recreated to read:

AB794-ASA1,7,10 563.92 (1m) (a) The department may issue a Class A license or a Class B license to any qualified organization that applies.

AB794-ASA1,7,11 (b) Under a Class A license, an organization may do all of the following:

AB794-ASA1,7,13 1. Conduct single-container raffles, a calendar raffle, plastic or rubber duck races, or other games of chance that are authorized under s. 563.908.

AB794-ASA1,7,14 2. Sell some or all tickets on days other than the same day as the drawing.

AB794-ASA1,7,15 3. Sell equal shares of a single ticket to one or more purchasers.

AB794-ASA1,7,16 (c) Under a Class B license, an organization may do all of the following:

AB794-ASA1,7,18 1. Conduct multiple-container raffles, plastic or rubber duck races, or other games of chance that are authorized under s. 563.908.

AB794-ASA1,7,19 2. Sell tickets in either of the following ways:

AB794-ASA1,7,20 a. On the same day as the drawing.

AB794-ASA1,7,22 b. On more than one day if the organization distributes tickets to purchasers only at the event at which the drawing will take place.

AB794-ASA1,32 Section 32. 563.92 (2) of the statutes, as affected by 2013 Wisconsin Act .... (Assembly Bill 422), is amended to read:

AB794-ASA1,8,10 563.92 (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 department shall issue the license within 30 business days after the filing of an a complete application if the applicant qualifies under s. 563.907 and has not exceeded the limits of s. 563.91. The department shall notify the applicant if the raffle license application is incomplete within 15 days after it is filed or the application shall be considered complete. A complete license application that is not denied within 30 days after its filing shall be considered approved. All moneys received by the department under this subsection shall be credited to the appropriation account under s. 20.505 (8) (j).

AB794-ASA1,33 Section 33. 563.92 (4) of the statutes is amended to read:

AB794-ASA1,8,15 563.92 (4) Proceedings to The department may conduct proceedings to suspend or revoke a an organization's license to conduct raffles shall be initiated by the department pursuant to the rules promulgated under s. 563.05 (4) for failing to comply with the requirements of this subchapter.

AB794-ASA1,34 Section 34. 563.925 of the statutes is created to read:

AB794-ASA1,8,19 563.925 Liability. (1) With respect to a raffle conducted under a Class A license, the department shall not be held responsible or liable in any dispute regarding the ownership or sale of a share of a ticket under s. 563.93 (3i).

AB794-ASA1,8,23 (2) The department and the organization conducting a raffle under a Class B license shall not be held responsible or liable in any dispute regarding the ownership of a ticket if the purchaser of the ticket gives the ticket to another person to claim a prize on behalf of the purchaser under s. 563.935 (6) (c).

AB794-ASA1,35 Section 35. 563.93 (1) of the statutes, as affected by 2013 Wisconsin Act .... (Assembly Bill 422), is renumbered 563.93 (1m), and 563.93 (1m) (intro.) and (f), as renumbered, are amended to read: