LRBs0689/1
JS&RAC:kaf&skg:jlb
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 776
May 1, 1996 - Offered by Representative Lehman.
AB776-ASA1,2,4
1An Act to repeal 565.02 (1) (a) and 565.37 (4);
to amend 16.84 (title), 20.505 (5)
2(ka), 20.566 (8) (v), 25.75 (1) (c) (intro.), 25.75 (2), 79.10 (10) (d), 561.06 (1),
3561.06 (2), 561.06 (3), 561.06 (4), 565.02 (1) (b) 4., 565.02 (2) (b), 565.02 (2) (c)
43., 565.02 (3) (intro.), 565.02 (3) (b) 6., 565.02 (4) (intro.), 565.10 (1), 565.10 (7)
5(b), 565.10 (8), 565.10 (14) (b), 565.10 (15), 565.12 (2), 565.12 (3), 565.17 (5)
6(title), 565.25 (1m), 565.25 (2) (a) 6., 565.27 (1) (intro.), 565.27 (2) (a), 565.30 (1),
7565.30 (3) (b), 565.30 (5), 565.32 (1), 565.32 (3) (a) (intro.), 565.37 (3), 565.40 (1)
8and 565.46;
to repeal and recreate 16.84 (3), chapter 561 (title), 561.02,
9565.05 (1) (intro.), 565.05 (1) (a) and 565.17 (5) (a);
to create 79.10 (10) (bm),
1079.10 (10) (f) and 565.017 of the statutes; and
to affect 1995 Wisconsin Act 27,
11section
9123 (6ps) (f);
relating to: a social security number requirement for
12audited lottery tax credit claims; special charges relating to lottery credit
13claims; creating a penalty for intentionally filing false lottery credit claims;
14transferring all state lottery rule-making and policy-making functions from
15the gaming board to the department of revenue; authorizing the department of
16revenue to enter into contracts with the department of administration or any
1other person for the performance of any security function relating to the state
2lottery; eliminating the requirement that a nationwide search be conducted for
3the administrator of the lottery division in the department of revenue; and
4granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB776-ASA1,2,7
616.84 (title)
Real estate and physical plant management; protection of
7persons; lottery security functions.
AB776-ASA1,2,1110
16.84
(3) Contract with the department of revenue for the performance of any
11lottery security function under ch. 565, if so requested by the department of revenue.
AB776-ASA1,3,514
20.505
(5) (ka) (title)
Facility operations and maintenance; police and
15protection lottery security functions. The amounts in the schedule for the purpose of
16financing the costs of operation of state-owned or operated facilities that are not
17funded from other appropriations, including custodial and maintenance services;
18minor projects; utilities, fuel, heat and air conditioning; costs incurred under s.
1916.895 by or on behalf of the department; repayment to the energy efficiency fund
20loans made to the department under s. 16.847 (6); and supplementing the costs of
21operation of child care facilities for children of state employes under s. 16.841; and
22for police and
protection security functions under s. 16.84 (2) and (3). All moneys
23received from state agencies for the operation of such facilities, parking rental fees
1established under s. 16.843 (2) (bm) and miscellaneous other sources, all moneys
2received from assessments under s. 16.895, all moneys received for the performance
3of
gaming protection lottery security functions under s. 16.84 (3), and all moneys
4transferred from the appropriation account under s. 20.865 (2) (e) for this purpose
5shall be credited to this appropriation account.
AB776-ASA1,3,108
20.566
(8) (v) (title)
On-line vendor Vendor fees. From the lottery fund, a sum
9sufficient to pay vendors for
on-line services and supplies provided by the vendors
10under contract under s. 565.25 (2) (a).
AB776-ASA1, s. 5
11Section
5. 25.75 (1) (c) (intro.) of the statutes is amended to read:
AB776-ASA1,3,1312
25.75
(1) (c) (intro.) "Lottery proceeds" means the remainder of the
gross lottery
13fund revenues after deducting all of the following:
AB776-ASA1,3,1916
25.75
(2) Creation. There is created a separate nonlapsible trust fund known
17as the lottery fund, to consist of
gross lottery
fund revenues
received by the
18department of revenue. Lottery fund revenues include gross lottery revenues and
19penalties collected under s. 79.10 (10) (f).
AB776-ASA1, s. 7
20Section
7. 79.10 (10) (bm) of the statutes is created to read:
AB776-ASA1,3,2321
79.10
(10) (bm) If the department of revenue audits a lottery credit claim, the
22department may require the claimant to include the claimant's social security
23number on the claimant's response to an audit questionnaire.
AB776-ASA1, s. 8
24Section
8. 79.10 (10) (d) of the statutes is amended to read:
AB776-ASA1,4,8
179.10
(10) (d) If the department of revenue determines that a credit was
2claimed by a taxpayer who was not entitled to the credit for reasons other than that
3the taxpayer failed to furnish the information required under par. (a), the
4department of revenue shall
collect the credit as a special charge against the county
5where the property for which the credit was claimed is located. The county shall 6instruct the appropriate taxation district to collect the credit as a special charge on
7the next property tax bill issued for the property.
The department may dismiss the
8special charge if the owner of the property did not make the claim for the credit.
AB776-ASA1,4,1410
79.10
(10) (f) If a person intentionally files a false lottery credit claim under
11sub. (9) (bm), that person shall be subject to a penalty of $100. Each false claim
12constitutes a separate offense. Penalties collected under this paragraph shall be
13deposited in the lottery fund. Sections 71.91 and 71.93, as they apply to the taxes
14under ch. 71, apply to the penalty under this paragraph.
AB776-ASA1, s. 10
15Section
10. Chapter 561 (title) of the statutes is repealed and recreated to
16read:
AB776-ASA1,4,25
21561.02 General powers and duties. (1) Gaming board. The board shall
22coordinate and regulate all activities relating to, and promulgate all rules relating
23to, racing and pari-mutuel wagering conducted under ch. 562, bingo and raffles
24conducted under ch. 563 and crane games conducted under ch. 564, and shall
25perform its duties and functions under ch. 569 regarding Indian gaming.
AB776-ASA1,5,3
1(2) Department of revenue. The department of revenue shall coordinate and
2regulate all activities relating to, and promulgate all rules relating to, the state
3lottery under ch. 565.
AB776-ASA1,5,76
561.06
(1) Subject to s. 565.25 (1m), provide Provide all of the security services
7for the gaming operations under chs. 562 to
564 and 569.
AB776-ASA1,5,109
561.06
(2) Monitor the regulatory compliance of gaming operations under chs.
10562 to
564 and 569.
AB776-ASA1,5,1212
561.06
(3) Audit the gaming operations under chs. 562 to
564 and 569.
AB776-ASA1,5,1414
561.06
(4) Investigate suspected violations of chs. 562 to
564 and 569.
AB776-ASA1,5,19
16565.017 Lottery security. Subject to s. 565.25 (1m), the department may
17provide any security services for the lottery operations under this chapter or may
18contract with the department of administration or any person for the provision of any
19security services for the lottery operations under this chapter.
AB776-ASA1,5,2524
565.02
(1) (b) 4. A violation of a provision of this chapter or rule of the
board 25department relating to the state lottery.
AB776-ASA1,6,53
565.02
(2) (b) The administrator shall appoint and supervise employes, as
4specified by the
board department by rule under sub. (3) (a), as necessary to carry
5out the duties of the administrator.
AB776-ASA1,6,98
565.02
(2) (c) 3. A violation of a provision of this chapter or rule of the
board 9department relating to the state lottery.
AB776-ASA1,6,1312
565.02
(3) (intro.) The
board
department shall promulgate all of the following
13rules:
