SB77: Bill Text

SB77,1767,17 563.05 (title) Powers and duties of board department.

SB77, s. 4669 Section 4669. 563.05 (2) of the statutes is amended to read:

SB77,1767,22 563.05 (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.

SB77, s. 4670 Section 4670. 563.05 (3) of the statutes is amended to read:

SB77,1768,2 563.05 (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.

SB77, s. 4671 Section 4671. 563.05 (4) of the statutes is amended to read:

SB77,1768,7 563.05 (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.

SB77, s. 4672 Section 4672. 563.05 (5) (intro.) of the statutes is repealed and recreated to read:

SB77,1768,15 563.05 (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:

SB77, s. 4673 Section 4673. 563.05 (6) of the statutes is amended to read:

SB77,1768,19 563.05 (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) .

SB77, s. 4674 Section 4674. 563.051 of the statutes is created to read:

SB77,1768,22 563.051 Bingo and raffle security. The department may do any of the following:

SB77,1768,24 (1) Provide all of the security services for the bingo and raffle operations under this chapter.

SB77,1769,2 (2) Monitor the regulatory compliance of bingo and raffle operations under this chapter.

SB77,1769,3 (3) Audit the bingo and raffle operations under this chapter.

SB77,1769,4 (4) Investigate suspected violations of this chapter.

SB77,1769,6 (5) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

SB77,1769,9 (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.

SB77, s. 4675 Section 4675. 563.052 of the statutes is amended to read:

SB77,1769,13 563.052 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.

SB77, s. 4676 Section 4676. 563.055 (1) of the statutes is amended to read:

SB77,1769,19 563.055 (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).

SB77, s. 4677 Section 4677. 563.055 (2) (intro.) of the statutes is amended to read:

SB77,1769,24 563.055 (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:

SB77, s. 4678 Section 4678. 563.055 (3) of the statutes is amended to read:

SB77,1770,3 563.055 (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).

SB77, s. 4679 Section 4679. 563.055 (5) of the statutes is amended to read:

SB77,1770,7 563.055 (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.

SB77, s. 4680 Section 4680. 563.10 of the statutes is amended to read:

SB77,1770,17 563.10 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.

SB77, s. 4681 Section 4681. 563.12 (intro.) of the statutes is amended to read:

SB77,1770,22 563.12 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:

SB77, s. 4682 Section 4682. 563.12 (2) of the statutes is amended to read:

SB77,1771,3 563.12 (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.

SB77, s. 4683 Section 4683. 563.14 (intro.) of the statutes is amended to read:

SB77,1771,8 563.14 (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:

SB77, s. 4684 Section 4684. 563.14 (2) of the statutes is amended to read:

SB77,1771,14 563.14 (2) The supervising member and member responsible for the proper utilization of gross receipts are active members of the applicant organization who, subject to ss. 111.321, 111.322 and 111.335, have never been convicted of a felony or, if convicted, have received a pardon or have been released from parole , community supervision or probation for at least 5 years.

SB77, s. 4685 Section 4685. 563.15 (1) of the statutes is amended to read:

SB77,1771,23 563.15 (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.

SB77, s. 4686 Section 4686. 563.15 (1m) of the statutes is amended to read:

SB77,1772,3 563.15 (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.

SB77, s. 4687 Section 4687. 563.16 of the statutes is amended to read:

SB77,1772,15 563.16 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.

SB77, s. 4688 Section 4688. 563.17 of the statutes is amended to read:

SB77,1773,2 563.17 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.

SB77, s. 4689 Section 4689. 563.18 (1) of the statutes is amended to read:

SB77,1773,6 563.18 (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).

SB77, s. 4690 Section 4690. 563.18 (3) of the statutes is amended to read:

SB77,1773,9 563.18 (3) The board's department's decision under this section is subject to judicial review under ch. 227.

SB77, s. 4691 Section 4691. 563.18 (4) of the statutes is amended to read:

SB77,1773,16 563.18 (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.

SB77, s. 4692 Section 4692. 563.21 of the statutes is amended to read:

SB77,1773,20 563.21 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.

SB77, s. 4693 Section 4693. 563.22 (1) (intro.) of the statutes is amended to read:

SB77,1773,24 563.22 (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:

SB77, s. 4694 Section 4694. 563.22 (1) (g) of the statutes is amended to read:

SB77,1774,3 563.22 (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 .

SB77, s. 4695 Section 4695. 563.24 of the statutes is amended to read:

SB77,1774,19 563.24 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.

SB77, s. 4696 Section 4696. 563.25 of the statutes is amended to read:

SB77,1775,6 563.25 (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.

SB77, s. 4697 Section 4697. 563.26 of the statutes is amended to read:

SB77,1775,16 563.26 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.

SB77, s. 4698 Section 4698. 563.27 (1) of the statutes is amended to read:

SB77,1775,20 563.27 (1) Subject to ss. 111.321, 111.322 and 111.335, a person convicted of a felony who has not received a pardon or has not been released from parole, community supervision or probation for at least 5 years.

SB77, s. 4699 Section 4699. 563.28 of the statutes is created to read:

SB77,1776,2 563.28 Suspension or restriction of a supplier's license for delinquent child support payments. (1) If required in a memorandum of understanding entered into under s. 49.857, the department shall suspend or restrict the supplier's license of any person who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

SB77,1776,5 (2) The department may not disclose the social security number of any applicant for a supplier's license except to the department of industry, labor and job development for the sole purpose of administering s. 49.22.

SB77, s. 4700 Section 4700. 563.29 (3) of the statutes is amended to read:

SB77,1776,9 563.29 (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 .

SB77, s. 4701 Section 4701. 563.51 (29) (b) of the statutes is amended to read:

SB77,1776,13 563.51 (29) (b) Subject to ss. 111.321, 111.322 and 111.335, has never been convicted of a felony or, if convicted, has been pardoned or released from probation, community supervision or parole for at least 5 years.

SB77, s. 4702 Section 4702. 563.53 (1) of the statutes is amended to read:

SB77,1776,16 563.53 (1) All special bingo cards shall be in a form approved by the board department .

SB77, s. 4703 Section 4703. 563.61 (1) (intro.) of the statutes is amended to read:

SB77,1776,24 563.61 (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:

SB77, s. 4704 Section 4704. 563.61 (3) of the statutes is amended to read:

SB77,1777,2 563.61 (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.

SB77, s. 4705 Section 4705. 563.62 (1) of the statutes is amended to read:

SB77,1777,6 563.62 (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.

SB77, s. 4706 Section 4706. 563.62 (2) of the statutes is amended to read:

SB77,1777,11 563.62 (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.

SB77, s. 4707 Section 4707. 563.62 (3) of the statutes is amended to read:

SB77,1777,16 563.62 (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.

SB77, s. 4708 Section 4708. 563.64 (2) of the statutes is amended to read:

SB77,1778,4 563.64 (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.

SB77, s. 4709 Section 4709. 563.65 of the statutes is amended to read: