SB628: Bill Text

SB628,9 Section 9. 563.04 (11) of the statutes is repealed.

SB628,10 Section 10. 563.04 (14) of the statutes is repealed.

SB628,11 Section 11. 563.05 (title) of the statutes is repealed and recreated to read:

SB628,4,13 563.05 (title) Departmental duties; powers; prohibitions.

SB628,12 Section 12. 563.05 (2) of the statutes is amended to read:

SB628,4,18 563.05 (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 conducted describing the procedures for filing a complaint against the holder.

SB628,13 Section 13. 563.05 (3) of the statutes is amended to read:

SB628,4,23 563.05 (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.

SB628,14 Section 14. 563.05 (4) of the statutes is amended to read:

SB628,5,4 563.05 (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.

SB628,15 Section 15. 563.05 (4m) of the statutes is created to read:

SB628,5,8 563.05 (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.

SB628,16 Section 16. 563.10 of the statutes is amended to read:

SB628,5,18 563.10 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.

SB628,17 Section 17. 563.90 of the statutes is renumbered 563.90 (1).

SB628,18 Section 18. 563.905 (intro.) of the statutes is repealed.

SB628,19 Section 19. 563.905 (1) of the statutes is renumbered 563.90 (2) and amended to read:

SB628,6,2 563.90 (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.

SB628,20 Section 20. 563.905 (2) of the statutes is renumbered 563.90 (3), and 563.90 (3) (intro.), as renumbered, is amended to read:

SB628,6,6 563.90 (3) (intro.) "Service organization" includes Service organizations that may conduct raffles include all of the following:

SB628,21 Section 21. 563.91 of the statutes is amended to read:

SB628,6,11 563.91 Limit. No qualified organization under s. 563.90 may conduct more than 200 365 raffles or more than one calendar raffle during a year. A single-event raffle or a raffle conducted under a Class B license is one raffle for purposes of this section.

SB628,22 Section 22. 563.92 (1m) of the statutes is repealed and recreated to read:

SB628,6,14 563.92 (1m) (a) The department may issue a Class A license or a Class B license to any qualified organization that applies.

SB628,6,15 (b) Under a Class A license, an organization may do all of the following:

SB628,6,16 1. Conduct single-event raffles or a calendar raffle.

SB628,6,17 2. Sell some or all tickets on days other than the same day as the drawing.

SB628,6,18 3. Sell equal shares of a single ticket to one or more purchasers.

SB628,6,19 (c) Under a Class B license, an organization may do all of the following:

SB628,6,20 1. Conduct raffles for which all of the following apply:

SB628,6,21 2. Sell tickets in either of the following ways:

SB628,6,22 a. On the same day as the drawing.

SB628,6,24 b. On more than one day if the organization distributes tickets to purchasers only at the event at which the drawing will take place.

SB628,23 Section 23. 563.92 (2) of the statutes is amended to read:

SB628,7,10 563.92 (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 days after the filing of an a complete application if the applicant qualifies under s. 563.90 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).

SB628,24 Section 24. 563.92 (4) of the statutes is amended to read:

SB628,7,15 563.92 (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.

SB628,25 Section 25. 563.925 of the statutes is created to read:

SB628,7,19 563.925 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).

SB628,7,23 (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) (a).

SB628,26 Section 26. 563.93 (1) of the statutes is renumbered 563.93 (1m), and 563.93 (1m) (intro.), (e) and (f), as renumbered, are amended to read:

SB628,8,2 563.93 (1m) (intro.) All raffle tickets and all calendars shall be identical in form and include:

SB628,8,3 (e) The date, time, and place of the each drawing or drawings.

SB628,8,5 (f) A list of each prize to be awarded which that has a retail fair market value of $500 $1,000 or more.

SB628,27 Section 27. 563.93 (1s) of the statutes is renumbered 563.93 (2g) (e) and amended to read:

SB628,8,12 563.93 (2g) (e) Each raffle ticket and each calendar sold by an organization shall include a separate Print an identification number, printed on both the purchaser's and the organization's portion of the ticket or calendar ,. The tickets or calendars shall be numbered consecutively in relation to the other tickets or calendars for the same drawing.

SB628,28 Section 28. 563.93 (2) of the statutes is repealed.

SB628,29 Section 29. 563.93 (2g) (intro.), (a), (b), (g) and (h) of the statutes are created to read:

SB628,8,17 563.93 (2g) (intro.) An organization that conducts a raffle under a Class A raffle license shall do all of the following:

SB628,8,20 (a) Prominently display, at each place where tickets may be purchased, a notice describing any state or federal law that imposes an age restriction on who may possess a prize that will be awarded in the raffle.

SB628,8,23 (b) Make a good faith effort to award all of the prizes offered for a raffle. If the organization is unable to award a prize, it may hold the prize and use it for future fund-raising purposes.

SB628,8,25 (g) Place the organization's portion of the ticket or calendar in the drawing container prior to the time of the drawing.

SB628,9,3 (h) Retain the organization's portion of each ticket or calendar sold for one year after the date on which the drawing is held and provide any of these portions to the department upon request.

SB628,30 Section 30. 563.93 (2m) of the statutes is repealed.

SB628,31 Section 31. 563.93 (2r) of the statutes is created to read:

SB628,9,7 563.93 (2r) An organization that conducts a calendar raffle shall do all of the following:

SB628,9,9 (a) Print identical drawing dates and identical prize amounts for each drawing on every calendar sold.

SB628,9,11 (b) After holding a drawing, replace the winning tickets into the container to allow the purchasers the chance to win again in subsequent drawings.

SB628,32 Section 32. 563.93 (3) of the statutes is renumbered 563.93 (1e) and amended to read:

SB628,9,15 563.93 (1e) No person may sell a raffle ticket or calendar unless authorized by an organization with a Class A license.

SB628,33 Section 33. 563.93 (3e) of the statutes is created to read:

SB628,9,18 563.93 (3e) An organization that conducts a raffle under a Class A raffle license may not do any of the following:

SB628,9,20 (a) Permit another organization or individual to use its license to conduct a raffle.

SB628,9,21 (b) Resell a ticket or calendar.

SB628,34 Section 34. 563.93 (3i) of the statutes is created to read:

SB628,9,24 563.93 (3i) An organization conducting a raffle under a Class A license may not sell equal shares of a ticket unless all of the following apply:

SB628,9,25 (a) The organization does not sell more than 4 equal shares of one ticket.

SB628,10,2 (b) The organization does not offer a price discount to the purchaser of more than one share of a ticket.

SB628,10,4 (c) Each share of a ticket is identical in form to other shares and includes the organization's portion and the purchaser's portion.

SB628,10,6 (d) Each purchaser's portion of a share of a ticket includes all of the information required under subs. (1m) (a), (b), (c), (e), and (f) and (2g) (e).

SB628,10,10 (e) Each organization's portion of a share of a ticket includes the ticket identification number, an identification letter for each share of the ticket, and a place for the purchaser to enter the purchaser's name and address next to the share identification letter.

SB628,10,12 (f) Each prize is in the form of cash or a number of items that is equally divisible by the maximum allowable number of shares of a ticket.

SB628,10,14 (g) The organization directly delivers to each holder of a share of a winning ticket his or her share of the prize.

SB628,35 Section 35. 563.93 (3m) of the statutes is created to read:

SB628,10,17 563.93 (3m) An organization that conducts a calendar raffle may not do any of the following:

SB628,10,18 (a) Sell any calendars after holding the first drawing.

SB628,10,20 (b) Change the dates of any drawings or the amounts of any prizes designated on the calendar after the first calendar is sold.

SB628,36 Section 36. 563.93 (4) (a) of the statutes is renumbered 563.93 (3e) (c) and amended to read:

SB628,10,24 563.93 (3e) (c) Except as provided in par. (b), Offer tickets for a proposed raffle may not be offered for sale more than 270 days one year before the raffle drawing.

SB628,37 Section 37. 563.93 (4) (b) of the statutes is repealed.

SB628,38 Section 38. 563.93 (4m) of the statutes is renumbered 563.93 (2g) (c) and amended to read:

SB628,11,6 563.93 (2g) (c) The organization that conducts a raffle under a Class A license shall provide Provide the purchaser of a raffle ticket or calendar with the purchaser's portion of the ticket or calendar at the time of purchase or at any time before the raffle drawing, but need not provide it to the purchaser at the time of purchase.

SB628,39 Section 39. 563.93 (5) of the statutes is renumbered 563.93 (2g) (d) and amended to read:

SB628,11,9 563.93 (2g) (d) All Hold all raffle drawings shall be held in public.

SB628,40 Section 40. 563.93 (6) of the statutes is renumbered 563.93 (3e) (d) and amended to read:

SB628,11,13 563.93 (3e) (d) All prizes shall be awarded. The Require the purchaser of a ticket or calendar need not to be present at the drawing to win a prize.

SB628,41 Section 41. 563.93 (7) of the statutes is renumbered 563.93 (2g) (f) and amended to read:

SB628,11,21 563.93 (2g) (f) If a raffle drawing is canceled, the organization shall refund Refund the raffle drawing receipts to the ticket or calendar purchasers if a raffle drawing is canceled. The organization may not deduct from the refund a handling charge or other amount relating to the expense incurred in the sale of a ticket or calendar. The organization may not reclaim any prize awarded in a drawing that has already been held at the time a calendar raffle is canceled.

SB628,42 Section 42. 563.93 (8) of the statutes is repealed.