LRBb0034/1
RAC:cjs:rs
January 2003 Special Session
2003 - 2004 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO SENATE BILL 1
February 20, 2003 - Offered by Representatives Boyle, Sherman, Young,
Gronemus, Plale, Balow, Sinicki, Vruwink, Travis, Zepnick, Suder, Turner,
Hubler
and Colon.
SB1-AA1,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 1, as follows:
SB1-AA1,1,4 31. Page 1, line 5: after "prisons;" insert "and licensing and regulation of
4amusement devices by cities, villages, and towns;".
SB1-AA1,1,5 52. Page 1, line 12: before that line insert:
SB1-AA1,1,6 6" Section 2b. 66.0424 of the statutes is created to read:
SB1-AA1,1,8 766.0424 Licensing and regulation of amusement devices. (1) In this
8section:
SB1-AA1,1,129 (a) "Adjusted gross receipts" means the total amount paid by cash or check to
10a Class "B" licensee or a "Class B" licensee under ch. 125 for the play of amusement
11devices less the total amount paid by cash or check to the players of the amusement
12devices for the play of the amusement devices.
SB1-AA1,2,4
1(b) "Amusement device" means any video device that awards or is capable of
2awarding a player with one or more redeemable free replays or credits for achieving
3certain scores or results and does not change the ratio of plays to free replays or
4credits so awarded.
SB1-AA1,2,65 (c) "Set up for the purpose of play" means operated for the purpose of offering
6a person, for consideration, an opportunity to play an amusement device.
SB1-AA1,2,10 7(2) Any city or village, acting under its power to determine its local affairs
8under article XI, section 3 (1), of the constitution, or any town that permits
9amusement devices to be set up for the purpose of play within its jurisdiction shall
10do all of the following:
SB1-AA1,2,1211 (a) Require that amusement devices be played only at a premises issued a Class
12"B" license or a "Class B" license under ch. 125.
SB1-AA1,2,1413 (b) Charge the owner of the amusement device an annual license fee of $100
14for each amusement device set up for the purpose of play.
SB1-AA1,2,1615 (c) Prohibit more than 5 amusement devices at any one premises operated
16under a Class "B" license or a "Class B" license issued under ch. 125.
SB1-AA1,2,2117 (d) 1. Except as provided in subd. 2., require that any amusement device set up
18for the purpose of play have a percentage of credits awarded to credits played that
19is not less than the average percentage required under all unexpired Indian gaming
20compacts entered into under s. 14.035. In this subdivision, "average" means the
21arithmetic mean.
SB1-AA1,2,2522 2. In calculating the percentage of credits awarded to credits played for an
23amusement device under subd. 1., the city, village, or town shall reduce the
24percentage by a percentage that produces an amount equal to the amount of any
25sales or use taxes generated from the play of the amusement device.
SB1-AA1,3,5
1(e) Require that the adjusted gross receipts, less any amount paid as sales or
2use taxes from the play of an amusement device, be equally divided between the
3holder of the Class "B" license or "Class B" license issued under ch. 125 for the
4premises at which the amusement device is located, and the city, village, or town in
5which the premises is located.
SB1-AA1,3,12 6(3) Beginning in 2005, any city, village, or town that does not permit
7amusement devices to be set up for the purpose of play shall have its next scheduled
8payment under s. 79.03 reduced by an amount equal to $5,000 multiplied by the
9number of premises located within its jurisdiction that are issued a Class "B" license
10or a "Class B" license under ch. 125. The reduction in payment shall continue for each
11year in which the city, village, or town does not permit amusement devices to be set
12up for the purpose of play.
SB1-AA1, s. 2c 13Section 2c. 77.51 (4) (c) 1m. of the statutes is created to read:
SB1-AA1,3,1414 77.51 (4) (c) 1m. Adjusted gross receipts, as defined in s. 66.0424 (1) (a).
SB1-AA1, s. 2d 15Section 2d. 77.51 (15) (c) 1m. of the statutes is created to read:
SB1-AA1,3,1616 77.51 (15) (c) 1m. Adjusted gross receipts, as defined in s. 66.0424 (1) (a).
SB1-AA1, s. 2e 17Section 2e. 125.12 (1) (a) of the statutes is amended to read:
SB1-AA1,3,2018 125.12 (1) (a) Except as provided in this subsection and s. 945.041, any
19municipality or the department may revoke, suspend, or refuse to renew any license
20or permit under this chapter, as provided in this section.
SB1-AA1, s. 2f 21Section 2f. 125.12 (1) (c) of the statutes is amended to read:
SB1-AA1,3,2522 125.12 (1) (c) Neither a municipality nor the department may consider an
23arrest or conviction for a violation punishable under s. 945.03 (2m), 945.04 (2m) or
24945.05 (1m) in any action to revoke, suspend, or refuse to renew a Class "B" or
25"Class B" license or permit.
SB1-AA1, s. 2g
1Section 2g. 945.01 (1) (dm) of the statutes is created to read:
SB1-AA1,4,32 945.01 (1) (dm) Playing an amusement device, as defined in s. 66.0424 (1) (b),
3that is licensed as described in s. 66.0424 (2) (b).
SB1-AA1, s. 2h 4Section 2h. 945.01 (3) (a) of the statutes is amended to read:
SB1-AA1,4,85 945.01 (3) (a) A Subject to par. (b), a gambling machine is a contrivance which
6for a consideration affords the player an opportunity to obtain something of value,
7the award of which is determined by chance, even though accompanied by some skill
8and whether or not the prize is automatically paid by the machine.
SB1-AA1, s. 2i 9Section 2i. 945.01 (3) (b) 1m. of the statutes is created to read:
SB1-AA1,4,1110 945.01 (3) (b) 1m. An amusement device, as defined in s. 66.0424 (1) (b), that
11is licensed as described in s. 66.0424 (2) (b).
SB1-AA1, s. 2k 12Section 2k. 945.01 (4) (am) of the statutes is renumbered 945.01 (4) (am)
13(intro.) and amended to read:
SB1-AA1,4,1514 945.01 (4) (am) (intro.) "Gambling place" does not include a any of the
15following:
SB1-AA1,4,16 161. A place where bingo or a raffle is conducted under ch. 563,.
SB1-AA1,4,17 172. A place where a lottery is conducted under ch. 565 or.
SB1-AA1,4,18 183. A place where a race is conducted under ch. 562 and does not include a.
SB1-AA1,4,20 194. A gambling vessel that is in the process of construction, delivery, conversion,
20or repair by a shipbuilding business that complies with s. 945.095.
SB1-AA1, s. 2m 21Section 2m. 945.01 (4) (am) 5. of the statutes is created to read:
SB1-AA1,4,2322 945.01 (4) (am) 5. A premises on which is located an amusement device, as
23defined in s. 66.0424 (1) (b), that is licensed as described in s. 66.0424 (2) (b).
SB1-AA1, s. 2n 24Section 2n. 945.01 (5) (am) of the statutes is amended to read:
SB1-AA1,5,4
1945.01 (5) (am) "Lottery" does not include bingo or a raffle conducted under ch.
2563,; the playing of an amusement device, as defined in s. 66.0424 (1) (b), that is
3licensed as described in s. 66.0424 (2) (b);
pari-mutuel wagering conducted under ch.
4562; or the state lottery or any multijurisdictional lottery conducted under ch. 565.
SB1-AA1, s. 2p 5Section 2p. 945.03 (1m) of the statutes, as affected by 2001 Wisconsin Act 109,
6is renumbered 945.03, and 945.03 (intro.), as renumbered, is amended to read:
SB1-AA1,5,9 7945.03 Commercial gambling. (intro.) Whoever intentionally does any of
8the following is engaged in commercial gambling and, except as provided in sub.
9(2m),
is guilty of a Class I felony:
SB1-AA1, s. 2q 10Section 2q. 945.03 (2m) of the statutes is repealed.
SB1-AA1, s. 2r 11Section 2r. 945.04 (1m) of the statutes is renumbered 945.04, and 945.04
12(intro.), as renumbered, is amended to read:
SB1-AA1,5,15 13945.04 Permitting premises to be used for commercial gambling.
14(intro.) Except as provided in sub. (2m), whoever Whoever intentionally does any of
15the following is guilty of a Class A misdemeanor:
SB1-AA1, s. 2s 16Section 2s. 945.04 (2m) of the statutes is repealed.
SB1-AA1, s. 2t 17Section 2t. 945.041 (1) of the statutes is amended to read:
SB1-AA1,6,618 945.041 (1) A license or permit issued under ch. 125 to any person who
19knowingly permits any slot machine, roulette wheel, other similar mechanical
20gambling device, or number jar or other device designed for like form of gambling,
21or any amusement device, as defined in s. 66.0424 (1) (b), that is not licensed as
22described under s. 66.0424 (2) (b),
or any horse race betting or other bookmaking as
23defined in s. 945.01, or solicitation of drinks from customers under s. 944.36 to be set
24up, kept, managed, used, or conducted upon the licensed premises or in connection
25therewith upon premises controlled directly or indirectly by the person, shall be

1revoked by the circuit courts by a special proceeding as provided in this section. If
2a license or permit has been revoked, no other license or permit of any character
3provided for by ch. 125 may be issued to the person who held the license or permit,
4prior to the expiration of one year from the effective date of the revocation. If any
5appeal is taken from the revocation, any period during which the order is stayed shall
6be added to the one year.
SB1-AA1, s. 2u 7Section 2u. 945.041 (2) of the statutes is amended to read:
SB1-AA1,6,258 945.041 (2) Any sheriff, undersheriff, deputy sheriff, constable, or other
9municipal police officer or any person authorized to enforce the gambling laws under
10s. 165.60 shall within 10 days after acquiring such information report to the district
11attorney of the county the name and address of any licensee or permittee under ch.
12125 who to his or her knowledge has knowingly suffered or permitted any gambling
13device in sub. (1), any amusement device, as defined in s. 66.0424 (1) (b), that is not
14licensed as described under s. 66.0424 (2) (b),
or any horse race betting to be set up,
15kept, managed, used, or conducted upon the licensed premises or in connection
16therewith upon premises controlled directly or indirectly by such licensee or
17permittee. Such officer or person shall also report to the district attorney knowledge
18of the circumstances and the name of the municipality or officer by whom the license
19or permit has been issued. Any other person may in writing and signed by that
20person report any such name, address, and other information to the district attorney.
21Within 10 days after any report the district attorney shall institute a proceeding as
22hereinafter provided before the circuit court of the county or shall within such time
23report to the attorney general the reasons why such a proceeding has not been
24instituted. The attorney general may direct the department of justice or the district
25attorney to institute such proceeding within a reasonable time.
SB1-AA1, s. 2v
1Section 2v. 945.041 (3) of the statutes is amended to read:
SB1-AA1,8,72 945.041 (3) Such proceeding shall be in the name of the state and the issues
3may be determined by a jury. It shall be instituted by the filing of a petition and
4service of a notice as herein provided. The petition shall be directed to the circuit
5court and shall set forth a clear and concise statement of the grounds that are alleged
6to exist justifying a revocation of the license or permit under sub. (1), and shall
7request an order revoking such license or permit. It shall also request an injunction
8restraining the defendant from thereafter knowingly suffering or permitting any
9such gambling devices, any amusement device, as defined in s. 66.0424 (1) (b), that
10is not licensed as described under s. 66.0424 (2) (b),
or any horse race betting to be
11set up, kept, managed, used, or conducted upon premises directly or indirectly
12controlled by the defendant. Upon the filing of such petition the court shall fix a time
13for hearing not to exceed 30 days from the date of filing at a place within the judicial
14circuit, and a copy of the petition and a notice of the time and place of hearing shall
15be served upon the defendant not less than 20 days prior to the date of hearing. Such
16service shall be made in the same manner as a summons is served in a civil action,
17except that it may also be made by leaving a copy of said petition and notice with any
18person charged with the operation of the licensed premises under s. 125.68 (2). The
19allegations of the petition shall be deemed controverted and shall be at issue without
20further pleading by the defendant. No hearing shall be adjourned except for cause.
21If upon such hearing the court finds that the allegations of the petition are true, it
22shall issue a written order revoking the license or permit and shall likewise enjoin
23the defendant from thereafter knowingly suffering or permitting any gambling
24devices referred to in sub. (1), any amusement device, as defined in s. 66.0424 (1) (b),
25that is not licensed as described under s. 66.0424 (2) (b),
or any horse race betting to

1be set up, kept, managed, used, or conducted upon premises directly or indirectly
2controlled by the defendant. The district attorney shall forthwith cause a copy of the
3order to be filed with the issuing authority of the license or permit and shall cause
4a copy to be served upon the defendant as above provided or the defendant's attorney.
5The revocation and injunction shall become effective upon such service. In cases
6where a license is issued by a town, city, or village, a copy of the order shall also be
7filed with the department of revenue as provided under s. 125.13.
SB1-AA1, s. 2w 8Section 2w. 945.041 (11) of the statutes is repealed.
SB1-AA1, s. 2x 9Section 2x. 946.82 (4) of the statutes, as affected by 2001 Wisconsin Act 109,
10is amended to read:
SB1-AA1,8,2411 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
12(1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission
13of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1),
14180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637,
15221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01,
16940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20
17(2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g),
18943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3)
19(bf) to (e), 943.201, 943.23 (1g), (2), and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30,
20943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c),
21943.50 (4) (bf), (bm), and (c), 943.60, 943.70, 943.76, 944.21 (5) (c) and (e), 944.32,
22944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11,
23946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72,
24946.76, 947.015, 948.05, 948.08, 948.12, and 948.30.".
SB1-AA1,9,1
13. Page 2, line 14: after that line insert:
SB1-AA1,9,3 2"(3q) Advisory referendum. Section 565.015 of the statutes does not apply to
3the action of the legislature in enacting this act.".
SB1-AA1,9,4 44. Page 19, line 2: after that line insert:
SB1-AA1,9,5 5" Section 9460. Effective dates; other.
SB1-AA1,9,96 (1q) The treatment of sections 66.0424, 77.51 (4) (c) 1m. and (15) (c) 1m., 125.12
7(1) (a) and (c), 945.01 (1) (dm), (3) (a) and (b) 1m., (4) (am) (intro.) and 5., and (5) (am),
8945.03 (1m) and (2m), 945.04 (1m) and (2m), 945.041 (1), (2), (3), and (11), and 946.82
9(4) of the statutes takes effect on July 1, 2004.".
SB1-AA1,9,1010 (End)
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