Amendment JR3 AA1-SB1

SB1-AA1,4,3 945.01 (1) (dm) Playing an amusement device, as defined in s. 66.0424 (1) (b), that is licensed as described in s. 66.0424 (2) (b).

SB1-AA1, s. 2h Section 2h. 945.01 (3) (a) of the statutes is amended to read:

SB1-AA1,4,8 945.01 (3) (a) A Subject to par. (b), a gambling machine is a contrivance which for a consideration affords the player an opportunity to obtain something of value, the award of which is determined by chance, even though accompanied by some skill and whether or not the prize is automatically paid by the machine.

SB1-AA1, s. 2i Section 2i. 945.01 (3) (b) 1m. of the statutes is created to read:

SB1-AA1,4,11 945.01 (3) (b) 1m. An amusement device, as defined in s. 66.0424 (1) (b), that is licensed as described in s. 66.0424 (2) (b).

SB1-AA1, s. 2k Section 2k. 945.01 (4) (am) of the statutes is renumbered 945.01 (4) (am) (intro.) and amended to read:

SB1-AA1,4,15 945.01 (4) (am) (intro.) "Gambling place" does not include a any of the following:

SB1-AA1,4,16 1. A place where bingo or a raffle is conducted under ch. 563,.

SB1-AA1,4,17 2. A place where a lottery is conducted under ch. 565 or.

SB1-AA1,4,18 3. A place where a race is conducted under ch. 562 and does not include a.

SB1-AA1,4,20 4. A gambling vessel that is in the process of construction, delivery, conversion, or repair by a shipbuilding business that complies with s. 945.095.

SB1-AA1, s. 2m Section 2m. 945.01 (4) (am) 5. of the statutes is created to read:

SB1-AA1,4,23 945.01 (4) (am) 5. A premises on which is located an amusement device, as defined in s. 66.0424 (1) (b), that is licensed as described in s. 66.0424 (2) (b).

SB1-AA1, s. 2n Section 2n. 945.01 (5) (am) of the statutes is amended to read:

SB1-AA1,5,4 945.01 (5) (am) "Lottery" does not include bingo or a raffle conducted under ch. 563,; the playing of an amusement device, as defined in s. 66.0424 (1) (b), that is licensed as described in s. 66.0424 (2) (b); pari-mutuel wagering conducted under ch. 562; or the state lottery or any multijurisdictional lottery conducted under ch. 565.

SB1-AA1, s. 2p Section 2p. 945.03 (1m) of the statutes, as affected by 2001 Wisconsin Act 109, is renumbered 945.03, and 945.03 (intro.), as renumbered, is amended to read:

SB1-AA1,5,9 945.03 Commercial gambling. (intro.) Whoever intentionally does any of the following is engaged in commercial gambling and, except as provided in sub. (2m), is guilty of a Class I felony:

SB1-AA1, s. 2q Section 2q. 945.03 (2m) of the statutes is repealed.

SB1-AA1, s. 2r Section 2r. 945.04 (1m) of the statutes is renumbered 945.04, and 945.04 (intro.), as renumbered, is amended to read:

SB1-AA1,5,15 945.04 Permitting premises to be used for commercial gambling. (intro.) Except as provided in sub. (2m), whoever Whoever intentionally does any of the following is guilty of a Class A misdemeanor:

SB1-AA1, s. 2s Section 2s. 945.04 (2m) of the statutes is repealed.

SB1-AA1, s. 2t Section 2t. 945.041 (1) of the statutes is amended to read:

SB1-AA1,6,6 945.041 (1) A license or permit issued under ch. 125 to any person who knowingly permits any slot machine, roulette wheel, other similar mechanical gambling device, or number jar or other device designed for like form of gambling, or any amusement device, as defined in s. 66.0424 (1) (b), that is not licensed as described under s. 66.0424 (2) (b), or any horse race betting or other bookmaking as defined in s. 945.01, or solicitation of drinks from customers under s. 944.36 to be set up, kept, managed, used, or conducted upon the licensed premises or in connection therewith upon premises controlled directly or indirectly by the person, shall be revoked by the circuit courts by a special proceeding as provided in this section. If a license or permit has been revoked, no other license or permit of any character provided for by ch. 125 may be issued to the person who held the license or permit, prior to the expiration of one year from the effective date of the revocation. If any appeal is taken from the revocation, any period during which the order is stayed shall be added to the one year.

SB1-AA1, s. 2u Section 2u. 945.041 (2) of the statutes is amended to read:

SB1-AA1,6,25 945.041 (2) Any sheriff, undersheriff, deputy sheriff, constable, or other municipal police officer or any person authorized to enforce the gambling laws under s. 165.60 shall within 10 days after acquiring such information report to the district attorney of the county the name and address of any licensee or permittee under ch. 125 who to his or her knowledge has knowingly suffered or permitted any gambling device in sub. (1), any amusement device, as defined in s. 66.0424 (1) (b), that is not licensed as described under s. 66.0424 (2) (b), or any horse race betting to be set up, kept, managed, used, or conducted upon the licensed premises or in connection therewith upon premises controlled directly or indirectly by such licensee or permittee. Such officer or person shall also report to the district attorney knowledge of the circumstances and the name of the municipality or officer by whom the license or permit has been issued. Any other person may in writing and signed by that person report any such name, address, and other information to the district attorney. Within 10 days after any report the district attorney shall institute a proceeding as hereinafter provided before the circuit court of the county or shall within such time report to the attorney general the reasons why such a proceeding has not been instituted. The attorney general may direct the department of justice or the district attorney to institute such proceeding within a reasonable time.

SB1-AA1, s. 2v Section 2v. 945.041 (3) of the statutes is amended to read:

SB1-AA1,8,7 945.041 (3) Such proceeding shall be in the name of the state and the issues may be determined by a jury. It shall be instituted by the filing of a petition and service of a notice as herein provided. The petition shall be directed to the circuit court and shall set forth a clear and concise statement of the grounds that are alleged to exist justifying a revocation of the license or permit under sub. (1), and shall request an order revoking such license or permit. It shall also request an injunction restraining the defendant from thereafter knowingly suffering or permitting any such gambling devices, any amusement device, as defined in s. 66.0424 (1) (b), that is not licensed as described under s. 66.0424 (2) (b), or any horse race betting to be set up, kept, managed, used, or conducted upon premises directly or indirectly controlled by the defendant. Upon the filing of such petition the court shall fix a time for hearing not to exceed 30 days from the date of filing at a place within the judicial circuit, and a copy of the petition and a notice of the time and place of hearing shall be served upon the defendant not less than 20 days prior to the date of hearing. Such service shall be made in the same manner as a summons is served in a civil action, except that it may also be made by leaving a copy of said petition and notice with any person charged with the operation of the licensed premises under s. 125.68 (2). The allegations of the petition shall be deemed controverted and shall be at issue without further pleading by the defendant. No hearing shall be adjourned except for cause. If upon such hearing the court finds that the allegations of the petition are true, it shall issue a written order revoking the license or permit and shall likewise enjoin the defendant from thereafter knowingly suffering or permitting any gambling devices referred to in sub. (1), any amusement device, as defined in s. 66.0424 (1) (b), that is not licensed as described under s. 66.0424 (2) (b), or any horse race betting to be set up, kept, managed, used, or conducted upon premises directly or indirectly controlled by the defendant. The district attorney shall forthwith cause a copy of the order to be filed with the issuing authority of the license or permit and shall cause a copy to be served upon the defendant as above provided or the defendant's attorney. The revocation and injunction shall become effective upon such service. In cases where a license is issued by a town, city, or village, a copy of the order shall also be filed with the department of revenue as provided under s. 125.13.

SB1-AA1, s. 2w Section 2w. 945.041 (11) of the statutes is repealed.

SB1-AA1, s. 2x Section 2x. 946.82 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB1-AA1,8,24 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.23 (1g), (2), and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c), 943.60, 943.70, 943.76, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12, and 948.30.".

SB1-AA1,9,1 3. Page 2, line 14: after that line insert:

SB1-AA1,9,3 "(3q) Advisory referendum. Section 565.015 of the statutes does not apply to the action of the legislature in enacting this act.".

SB1-AA1,9,4 4. Page 19, line 2: after that line insert:

SB1-AA1,9,5 " Section 9460. Effective dates; other.

SB1-AA1,9,9 (1q) The treatment of sections 66.0424, 77.51 (4) (c) 1m. and (15) (c) 1m., 125.12 (1) (a) and (c), 945.01 (1) (dm), (3) (a) and (b) 1m., (4) (am) (intro.) and 5., and (5) (am), 945.03 (1m) and (2m), 945.04 (1m) and (2m), 945.041 (1), (2), (3), and (11), and 946.82 (4) of the statutes takes effect on July 1, 2004.".

SB1-AA1,9,10 (End)