AB799: Bill Text

LRB-0187/3

RLR:jld:nwn

2007 - 2008 LEGISLATURE

2007 Assembly BILL 799

February 13, 2008 - Introduced by Representatives Kerkman, Kreuser, Turner, Hahn, Mursau, Nass, Sheridan, Molepske and Gunderson, cosponsored by Senators Wirch, Olsen and Kedzie. Referred to Committee on State Affairs.

AB799,1,4 An Act to renumber and amend 563.90; to amend 563.91, 563.92 (2), 563.93 (1) (b), 563.93 (3), 563.93 (7), 563.93 (8), 563.93 (9), 563.935 (4), 563.935 (9), 563.97, 563.98 (1) (intro.), 563.98 (1c), 563.98 (1g) and 563.98 (1m); and to create 563.90 (2) of the statutes; relating to: raffle licenses.

Analysis by the Legislative Reference Bureau

Under current law, a not-for-profit, religious, charitable, service, fraternal, or veterans organization that serves a geographic area that is limited to Wisconsin and that has existed for at least one year or is chartered by a state or national organization that has existed for at least three years may obtain a license to conduct raffles. The fee for a raffle license is $25. An organization holding a raffle license may conduct up to 200 raffles in a 12-month period.

This bill creates a multiuser raffle license. Any organization that is eligible for a raffle license may obtain a multiuser raffle license. Under the bill, any chapter of an organization that holds a multiuser raffle license may conduct raffles under the license as long as the chapter independently satisfies the requirements to obtain a raffle license and is under the supervision of the organization that holds the license. The bill establishes a $500 fee for a multiuser raffle license. Finally, the bill provides that the organization that holds a multiuser raffle license, as well any chapter that may conduct raffles under the multiuser raffle license, may each conduct not more than 200 raffles in a 12-month period.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

AB799, s. 1 Section 1. 563.90 of the statutes is renumbered 563.90 (1) and amended to read:

AB799,2,9 563.90 (1) Any The department may issue a raffle license to 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 department. .

AB799,2,12 (3) No other person other than a person who holds a raffle license issued under sub. (1) or a person who conducts a raffle under a multiuser raffle license as provided under sub. (2) may conduct a raffle in this state.

AB799, s. 2 Section 2. 563.90 (2) of the statutes is created to read:

AB799,2,18 563.90 (2) The department may issue a multiuser raffle license to any organization that satisfies the conditions for a raffle license under sub. (1). Any other organization that is chartered by and under the supervision of the organization that holds a multiuser raffle license and that satisfies the conditions for a raffle license under sub. (1) may conduct raffles under the multiuser raffle license.

AB799, s. 3 Section 3. 563.91 of the statutes is amended to read:

AB799,3,2 563.91 Limit. No qualified An organization under s. 563.90 that holds a license to conduct raffles or an organization that conducts raffles under a multiuser raffle license as provided under s. 563.90 (2) may each conduct not more than 200 raffles or not more than one calendar raffle during a year.

AB799, s. 4 Section 4. 563.92 (2) of the statutes is amended to read:

AB799,3,11 563.92 (2) The fee for a raffle license under s. 563.90 (1) shall be $25 and the fee for a multiuser raffle license under s. 563.90 (2) shall be $500. The fee shall be remitted with the application. A raffle license to conduct raffles 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 days after the filing of an application if the applicant qualifies under s. 563.90 (1) and has not exceeded the limits of s. 563.91. All moneys received by the department under this subsection shall be credited to the appropriation account under s. 20.505 (8) (j).

AB799, s. 5 Section 5. 563.93 (1) (b) of the statutes is amended to read:

AB799,3,14 563.93 (1) (b) The name and address of the sponsoring organization conducting the raffle.

AB799, s. 6 Section 6. 563.93 (3) of the statutes is amended to read:

AB799,3,17 563.93 (3) No person may sell a raffle ticket or calendar unless authorized by an the organization with a Class A license conducting the raffle.

AB799, s. 7 Section 7. 563.93 (7) of the statutes is amended to read:

AB799,3,20 563.93 (7) If a raffle drawing is canceled, the organization conducting the raffle shall refund the receipts to the ticket or calendar purchasers.

AB799, s. 8 Section 8. 563.93 (8) of the statutes is amended to read:

AB799,3,24 563.93 (8) The organization that holds conducts a raffle drawing shall furnish a list of prize winners to each ticket or calendar holder who provides the organization with a self-addressed stamped envelope and requests the list.

AB799, s. 9 Section 9. 563.93 (9) of the statutes is amended to read:

AB799,4,4 563.93 (9) If a person who holds a Class A license conducting a raffle sells equal shares of a single ticket to one or more purchasers, the person shall, prior to the raffle drawing for which the shares were sold, purchase any shares of the ticket that have not been sold.

AB799, s. 10 Section 10. 563.935 (4) of the statutes is amended to read:

AB799,4,7 563.935 (4) No person may sell a raffle ticket unless authorized by an the organization with a Class B license conducting the raffle.

AB799, s. 11 Section 11. 563.935 (9) of the statutes is amended to read:

AB799,4,10 563.935 (9) If a raffle drawing is canceled, the organization conducting the raffle shall refund the receipts to the ticket purchasers.

AB799, s. 12 Section 12. 563.97 of the statutes is amended to read:

AB799,4,16 563.97 Records. Each organization licensed that holds a license 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 department upon request.

AB799, s. 13 Section 13. 563.98 (1) (intro.) of the statutes is amended to read:

AB799,4,23 563.98 (1) (intro.) Each organization licensed that holds a license issued 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 department regarding the raffles which it has, or if applicable, its member organizations, have conducted:

AB799, s. 14 Section 14. 563.98 (1c) of the statutes is amended to read:

AB799,5,4 563.98 (1c) Upon request of any organization that conducts holds a raffle license under which a raffle is conducted during the month in which the report under sub. (1) is due, the department may extend by not more than 30 days the deadline for submitting the report.

AB799, s. 15 Section 15. 563.98 (1g) of the statutes is amended to read:

AB799,5,9 563.98 (1g) An organization licensed under this subchapter may renew the license by submitting a $25 renewal the applicable fee under s. 563.92 (2) with the report under sub. (1). All moneys received under this subsection shall be credited to the appropriation account under s. 20.505 (8) (j).

AB799, s. 16 Section 16. 563.98 (1m) of the statutes is amended to read:

AB799,5,15 563.98 (1m) Any organization that reports to the department under sub. (1) and that it and, if applicable, its member organizations 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.

AB799, s. 17 Section 17. Effective date.

AB799,5,18 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB799,5,19 (End)