SB77: Bill Text

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:

SB77,1778,14 563.65 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.

SB77, s. 4710 Section 4710. 563.68 (2) of the statutes is amended to read:

SB77,1778,17 563.68 (2) In accordance with a plan of expenditure approved in advance by the board department.

SB77, s. 4711 Section 4711. 563.72 of the statutes is amended to read:

SB77,1779,5 563.72 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.

SB77, s. 4712 Section 4712. 563.73 (4) of the statutes is amended to read:

SB77,1779,16 563.73 (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.

SB77, s. 4713 Section 4713. 563.90 of the statutes is amended to read:

SB77,1779,25 563.90 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.

SB77, s. 4714 Section 4714. 563.92 (1m) of the statutes is amended to read:

SB77,1780,6 563.92 (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.

SB77, s. 4715 Section 4715. 563.92 (2) of the statutes is amended to read:

SB77,1780,12 563.92 (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.

SB77, s. 4716 Section 4716. 563.92 (4) of the statutes is amended to read:

SB77,1780,16 563.92 (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).

SB77, s. 4717 Section 4717. 563.93 (1) (a) of the statutes is amended to read:

SB77,1780,18 563.93 (1) (a) The number of the license issued by the board department.

SB77, s. 4718 Section 4718. 563.935 (6) (a) of the statutes is amended to read:

SB77,1781,2 563.935 (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.

SB77, s. 4719 Section 4719. 563.95 of the statutes is amended to read:

SB77,1781,14 563.95 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.

SB77, s. 4720 Section 4720. 563.97 of the statutes is amended to read:

SB77,1781,20 563.97 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.

SB77, s. 4721 Section 4721. 563.98 (1) (intro.) of the statutes is amended to read:

SB77,1782,2 563.98 (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:

SB77, s. 4722 Section 4722. 563.98 (1c) of the statutes is amended to read:

SB77,1782,6 563.98 (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.

SB77, s. 4723 Section 4723. 563.98 (1m) of the statutes is amended to read:

SB77,1782,12 563.98 (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.

SB77, s. 4724 Section 4724. 563.98 (2) of the statutes is amended to read:

SB77,1782,17 563.98 (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.

SB77, s. 4725 Section 4725. 564.02 (1) (ac) of the statutes is created to read:

SB77,1782,19 564.02 (1) (ac) "Department" means the department of administration.

SB77, s. 4726 Section 4726. 564.02 (1) (ag) of the statutes is created to read:

SB77,1782,22 564.02 (1) (ag) "Division of gaming" means the division of gaming in the department.

SB77, s. 4727 Section 4727. 564.02 (1m) of the statutes is created to read:

SB77,1782,24 564.02 (1m) The department may do any of the following:

SB77,1783,2 (a) Provide all of the security services for the crane game operations under this chapter.

SB77,1783,4 (b) Monitor the regulatory compliance of crane game operations under this chapter.

SB77,1783,5 (c) Audit the crane game operations under this chapter.

SB77,1783,6 (d) Investigate suspected violations of this chapter.

SB77,1783,8 (e) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

SB77,1783,11 (f) If the division of criminal investigation in the department of justice chooses not to investigate a report under par. (e), coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.

SB77, s. 4728 Section 4728. 564.02 (2) (a) of the statutes is amended to read:

SB77,1783,18 564.02 (2) (a) No person in this state who owns a crane game may set up for the purposes of play, permit a crane game to be set up for the purposes of play or collect the proceeds of a crane game which is set up for the purposes of play unless the person is registered by the board department and unless an identification number issued by the board department is affixed to each such crane game owned by the person.

SB77, s. 4729 Section 4729. 564.02 (2) (b) (intro.) of the statutes is amended to read:

SB77,1783,22 564.02 (2) (b) (intro.) Every person specified under par. (a) shall file with the board department, on application forms prescribed by the board department and signed by the person, all of the following information:

SB77, s. 4730 Section 4730. 564.02 (2) (d) of the statutes is amended to read:

SB77,1784,2 564.02 (2) (d) Upon receipt of the application and fee under pars. (b) and (c), the board department shall, if the board department considers the applicant qualified, issue a certificate of registration for the applicant and an identification number for each crane game for which registration is requested.

SB77, s. 4731 Section 4731. 564.02 (2) (e) of the statutes is amended to read:

SB77,1784,6 564.02 (2) (e) The registration issued under par. (d) shall remain in effect unless it is canceled by the board department with the advice and consent of the department of justice or unless it is withdrawn by the registered person.

SB77, s. 4732 Section 4732. 564.02 (2) (f) of the statutes is amended to read:

SB77,1784,10 564.02 (2) (f) Every person registered under this section shall notify the board department of any change in the information required to be furnished by the person under par. (b), within 10 days following the change.

SB77, s. 4733 Section 4733. 564.02 (2) (g) of the statutes is amended to read:

SB77,1784,14 564.02 (2) (g) The board department shall deposit credit all moneys received by the board department under this subsection in to the appropriation account under s. 20.197 (1) 20.505 (8) (j).

SB77, s. 4734 Section 4734. 564.02 (2m) (intro.) of the statutes is repealed and recreated to read:

SB77,1784,22 564.02 (2m) Conflicts of interest. (intro.) No employe in the division of gaming who performs any duty related to crane games 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 in such a capacity or for 2 years following the termination of his or her employment with the department, do any of the following:

SB77, s. 4735 Section 4735. 564.02 (3) (c) of the statutes is amended to read:

SB77,1784,25 564.02 (3) (c) The board department shall reimburse the department of justice for the services of the department of justice under this subsection.

SB77, s. 4736 Section 4736. 564.02 (4) of the statutes is amended to read:

SB77,1785,7 564.02 (4) Seizure and sale. The department of justice may seize any crane game owned by a person who is convicted under sub. (5) and may sell the crane game in the name of the state. The department of justice and its agents are exempt from all liability to the owner of the crane game for the seizure or sale of the crane game. The board department shall reimburse the department of justice for the services of the department of justice under this subsection.

SB77, s. 4737 Section 4737. 565.01 (4f) of the statutes is created to read:

SB77,1785,12 565.01 (4f) "Multijurisdictional" means pertaining to another state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico or any territory or possession of the United States of America or the government of Canada or any province thereof.

SB77, s. 4738 Section 4738. 565.01 (4r) (a) of the statutes is amended to read:

SB77,1785,15 565.01 (4r) (a) The fact that this state has a state lottery or participates in a multistate multijurisdictional lottery.

SB77, s. 4739 Section 4739. 565.01 (6m) (a) (intro.) of the statutes is amended to read:

SB77,1785,20 565.01 (6m) (a) (intro.) "The state lottery" means an enterprise, including a multistate multijurisdictional lottery in which the state participates, in which the player, by purchasing a ticket, is entitled to participate in a game of chance in which any of the following applies:

SB77, s. 4740 Section 4740. 565.02 (1) (a) of the statutes is repealed.

SB77, s. 4741 Section 4741. 565.02 (1) (b) 4. of the statutes is amended to read:

SB77,1785,24 565.02 (1) (b) 4. A violation of a provision of this chapter or rule of the board department relating to the state lottery.

SB77, s. 4742 Section 4742. 565.02 (2) (b) of the statutes is amended to read:

SB77,1786,3 565.02 (2) (b) The administrator shall appoint and supervise employes, as specified by the board department by rule under sub. (3) (a), as necessary to carry out the duties of the administrator.