AB949,1,7
1An Act to repeal 563.04 (6) (b), 563.12 (4), 563.12 (9), 563.51 (12), subchapter
2V (title) of chapter 563 [precedes 563.61], 563.61, 563.62, 563.63, 563.64,
3563.66, 563.68, 563.69 and subchapter VII of chapter 563 [precedes 563.80];
to
4consolidate, renumber and amend 563.04 (6) (intro.) and (a); and
to amend
520.505 (8) (jm), 125.06 (10), 563.12 (7), 563.13 (2), 563.13 (4), 563.14 (2), 563.15
6(1), 563.16, 563.51 (10) (a), 563.72 and 563.73 (1) of the statutes;
relating to:
7bingo licenses.
Analysis by the Legislative Reference Bureau
This bill changes some of the requirements for applying for and maintaining a
license to operate bingo games, changes the financial recordkeeping and reporting
requirements for bingo operations, and removes the gross receipts tax for bingo
operations.
Under current law, a “bingo occasion,” defined as a single gathering or session
at which a series of successive bingo games is played, can only be run by a nonprofit
organization that obtains a license from the Department of Administration's
Division of Gaming. This bill removes the current requirement for an organization
applying for a bingo license to specify the date and place of each bingo occasion that
will be held under the license, and allows a licensed organization to operate an
unlimited number of bingo occasions during the license period. This bill also removes
the current requirement for the organization to license a member to be responsible
for the proper utilization of the gross receipts of the bingo occasions under the license.
Current law requires an applicant to pay a license fee that includes a fee of $10
per bingo occasion that will be held under the license and a $5 fee per member who
is responsible for the proper utilization of gross receipts under the license. This bill
changes the fee structure so that an applicant pays a flat fee of $100 for an annual
bingo license.
This bill removes the bookkeeping and accounts requirements for bingo
operations under current law. Current law requires licensed organizations to submit
semiannual reports of bingo operations to DOA along with payment of a gross
receipts tax, and to provide an annual report to the membership of the organization
on bingo operations. This bill removes the requirement to submit the semiannual
report to DOA, eliminates the gross receipts tax, and removes the requirement for
the organization to report to its membership. This bill also removes the current
prohibition on receiving payment for participating in the management or operation
of a bingo game and the prohibition on awarding alcohol or fermented malt beverages
as a prize in a bingo game.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
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:
AB949,1
1Section 1
. 20.505 (8) (jm) of the statutes is amended to read:
AB949,2,82
20.505
(8) (jm)
General program operations; bingo. The amounts in the
3schedule for general program operations relating to bingo under subchs. II to
VII VI 4of ch. 563. All moneys received by the department of administration under ss.
5563.055, 563.13 (4), 563.135, 563.16,
and 563.22 (2)
and 563.80 shall be credited to
6this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered
7balance of this appropriation account at the end of each fiscal year shall be
8transferred to the lottery fund.
AB949,2
9Section 2
. 125.06 (10) of the statutes is amended to read:
AB949,3,4
1125.06
(10) Raffles
and bingo. The awarding of alcohol beverages in original,
2unopened packages, containers or bottles as a prize, in a
bingo occasion or raffle
3conducted by an organization licensed to conduct the
bingo occasion or raffle under
4ch. 563, to any person who has attained the legal drinking age.
AB949,3
5Section 3
. 563.04 (6) (intro.) and (a) of the statutes are consolidated,
6renumbered 563.04 (6) and amended to read:
AB949,3,87
563.04
(6) Issue, renew
, and amend licenses
: (a) To to organizations to conduct
8bingo.
AB949,4
9Section 4
. 563.04 (6) (b) of the statutes is repealed.
AB949,5
10Section
5. 563.12 (4) of the statutes is repealed.
AB949,6
11Section 6
. 563.12 (7) of the statutes is amended to read:
AB949,3,1612
563.12
(7) The name, date of birth and address of each
supervising member
for
13each bingo occasion who is authorized to supervise a bingo occasion, who shall be an
14active member of the applicant organization and one or more of whom shall be
15present and in immediate charge of and responsible for the conduct of bingo games
16at each bingo occasion.
AB949,7
17Section
7. 563.12 (9) of the statutes is repealed.
AB949,8
18Section
8. 563.13 (2) of the statutes is amended to read:
AB949,3,2219
563.13
(2) A sworn statement by
the a supervising member
designated as
20responsible for the proper utilization of gross receipts that no commission or other
21fee, salary, profits, compensation, reward or recompense will be paid to any person
22or organization and that all profits will be spent as provided under s. 563.51 (8).
AB949,9
23Section
9. 563.13 (4) of the statutes is amended to read:
AB949,4,224
563.13
(4) A
$10 license fee for each bingo occasion proposed to be conducted 25and $5 for an annual license for the designated member responsible for the proper
1utilization of gross receipts $100 fee for a bingo license. All moneys received under
2this subsection shall be credited to the appropriation account under s. 20.505 (8) (jm).
AB949,10
3Section
10. 563.14 (2) of the statutes is amended to read:
AB949,4,84
563.14
(2) The supervising
member and member responsible for the proper
5utilization of gross receipts members are active members of the applicant
6organization who, subject to ss. 111.321, 111.322 and 111.335, have never been
7convicted of a felony or, if convicted, have received a pardon or have been released
8from parole, extended supervision or probation for at least 5 years.
AB949,11
9Section
11. 563.15 (1) of the statutes is amended to read:
AB949,4,1810
563.15
(1) After making the determinations under s. 563.14, the department
11shall either notify the applicant organization in writing why a license is not being
12issued or issue a license to such applicant organization authorizing it to conduct
13bingo
at the times and places set forth in the license. Except as provided in sub. (1m),
14a license issued under this subsection shall
be
allow an organization to conduct
15unlimited bingo occasions, effective for one year from the
first day of the month of the
16first occasion listed on the license date of issuance and may be renewed annually,
17except that an applicant organization may request that the license expire on the first
18day of any month within the one-year licensure period.
AB949,12
19Section
12. 563.16 of the statutes is amended to read:
AB949,5,6
20563.16 Amendment of license to conduct bingo. Upon application by a
21licensed organization, a license may be amended, if the subject matter of the
22amendment properly and lawfully could have been included in the original license.
23An application for an amendment to a license shall be filed and processed in the same
24manner as an original application. An application for the amendment of a license
25shall be accompanied by a $3 fee.
If any application for amendment seeks approval
1of additional bingo occasions or designates a new member responsible for the proper
2utilization of gross receipts, the appropriate fee under s. 563.13 (4) also shall be paid.
3 If the department approves an application for an amendment to a license, a copy of
4the amendment shall be sent to the applicant who shall attach it to the original
5license. All moneys received under this section shall be credited to the appropriation
6account under s. 20.505 (8) (jm).
AB949,13
7Section 13
. 563.51 (10) (a) of the statutes is amended to read:
AB949,5,98
563.51
(10) (a) No licensed organization shall award any prize consisting of
9alcoholic or fermented malt beverages or an interest in real estate or securities.
AB949,14
10Section 14
. 563.51 (12) of the statutes is repealed.
AB949,15
11Section 15
. Subchapter V (title) of chapter 563 [precedes 563.61] of the
12statutes is repealed.
AB949,16
13Section 16
. 563.61 of the statutes is repealed.
AB949,17
14Section 17
. 563.62 of the statutes is repealed.
AB949,18
15Section 18
. 563.63 of the statutes is repealed.
AB949,19
16Section 19
. 563.64 of the statutes is repealed.
AB949,20
17Section 20
. 563.66 of the statutes is repealed.
AB949,21
18Section 21
. 563.68 of the statutes is repealed.
AB949,22
19Section 22
. 563.69 of the statutes is repealed.
AB949,23
20Section
23. 563.72 of the statutes is amended to read:
AB949,6,7
21563.72 Inspection for enforcement. Any peace officer or district attorney,
22within their respective jurisdictions, or an authorized employee of the department,
23may, at all reasonable hours, enter the premises where a bingo occasion is being
24conducted and examine the books, papers and records of the licensed organization
25to determine if all proper
taxes or fees imposed have been paid. Any refusal to permit
1such examination of the premises by the licensed organization, its agent or an
2employee or the person in charge of the premises to which the bingo license relates,
3constitutes sufficient grounds for the suspension or revocation of a license, and is
4punishable under s. 563.73 (2). In addition, such refusal constitutes sufficient
5grounds for any peace officer or other persons authorized under this section within
6their respective jurisdictions or authority to employ whatever reasonable action is
7necessary to conduct inspections permitted by this section.
AB949,24
8Section
24. 563.73 (1) of the statutes is amended to read:
AB949,6,109
563.73
(1) Whoever violates s. 563.51 (1), (8) to (10),
(12), (15) or (26) may be
10fined not more than $10,000 or imprisoned not more than 9 months or both.
AB949,25
11Section
25. Subchapter VII of chapter 563 [precedes 563.80] of the statutes
12is repealed.