Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,668,7 1470. Page 1397, line 15: after "development zone" insert ", as a development opportunity zone".

AB133-ASA1-CA1,668,9 1471. Page 1398, line 2: after "development zone" insert ", as a development opportunity zone".

AB133-ASA1-CA1,668,10 1472. Page 1398, line 21: after that line insert:

AB133-ASA1-CA1,668,11 " Section 3006h. 560.795 (1) (d) of the statutes is created to read:

AB133-ASA1-CA1,668,13 560.795 (1) (d) An area in the city of Kenosha, the legal description of which is provided to the department by the local governing body of the city of Kenosha.

AB133-ASA1-CA1, s. 3006j Section 3006j. 560.795 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,668,21 560.795 (2) (a) Except as provided in par. (d), the designation of each area under sub. (1) (a), (b) and (c) as a development opportunity zone shall be effective for 36 months, with the designation of the areas under sub. (1) (a) and (b) beginning on April 23, 1994, and the designation of the area under sub. (1) (c) beginning on April 28, 1995. Except as provided in par. (d), the designation of the area under sub. (1) (d) as a development opportunity zone shall be effective for 84 months, beginning on January 1, 2000.

AB133-ASA1-CA1, s. 3006L Section 3006L. 560.795 (2) (b) 4. of the statutes is created to read:

AB133-ASA1-CA1,668,24 560.795 (2) (b) 4. The limit for tax benefits for the development opportunity zone under sub. (1) (d) is $7,000,000.

AB133-ASA1-CA1, s. 3006n Section 3006n. 560.795 (3) (a) 3. of the statutes is created to read:

AB133-ASA1-CA1,669,7 560.795 (3) (a) 3. Any corporation that is conducting or that intends to conduct economic activity in a development opportunity zone under sub. (1) (d) and that, in conjunction with the local governing body of the city in which the development opportunity zone is located, submits a project plan as described in par. (b) to the department no later than July 1, 2000, shall be entitled to claim tax benefits while the area is designated as a development opportunity zone.

AB133-ASA1-CA1, s. 3006p Section 3006p. 560.795 (3) (d) of the statutes is amended to read:

AB133-ASA1-CA1,669,11 560.795 (3) (d) The department annually shall verify information submitted to the department under s. 71.07 (2di) or (2dx), 71.28 (1di) or (1dx) or 71.47 (1di) or (1dx).".

AB133-ASA1-CA1,669,12 1473. Page 1400, line 18: after that line insert:

AB133-ASA1-CA1,669,13 " Section 3020m. 560.835 (7) (b) of the statutes is amended to read:

AB133-ASA1-CA1,669,17 560.835 (7) (b) The department shall deposit in the recycling fund appropriation account under s. 20.143 (1) (L) all moneys received after July 1, 1995 the effective date of this paragraph .... [revisor inserts date], in repayment of loans made under this section.".

AB133-ASA1-CA1,669,18 1474. Page 1401, line 5: after that line insert:

AB133-ASA1-CA1,669,19 " Section 3023j. 562.065 (4) of the statutes is amended to read:

AB133-ASA1-CA1,669,24 562.065 (4) Unclaimed prizes. Any A licensee under s. 562.05 (1) (b) may retain any winnings on a race which that are not claimed within 90 days after the end of the period authorized for racing in that year under s. 562.05 (9) shall be paid to the department. The department shall credit moneys received under this subsection to the appropriation accounts under ss. 20.455 (2) (g) and 20.505 (8) (g).".

AB133-ASA1-CA1,670,1 1475. Page 1401, line 5: after that line insert:

AB133-ASA1-CA1,670,2 " Section 3023t. 565.02 (2) (e) of the statutes is created to read:

AB133-ASA1-CA1,670,6 565.02 (2) (e) If requested by a lottery prize winner to provide a certification that lists the amounts of the lottery prize payments, if any, that the administrator is required to withhold under s. 565.30 (4), (5), (5m) and (5r), the administrator shall provide the certification.".

AB133-ASA1-CA1,670,7 1476. Page 1401, line 5: after that line insert:

AB133-ASA1-CA1,670,8 " Section 3023f. 562.05 (1c) of the statutes is amended to read:

AB133-ASA1-CA1,670,15 562.05 (1c) If the applicant for a license under this section is an individual, the department may not issue or renew a license if the individual has not provided his or her social security number, unless the individual does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under sub. (1e). If the applicant for a license under this section is not an individual, the department may not issue or renew a license if the person has not provided the person's federal employer identification number.

AB133-ASA1-CA1, s. 3023g Section 3023g. 562.05 (1e) of the statutes is created to read:

AB133-ASA1-CA1,670,22 562.05 (1e) If an applicant for a license under this section is an individual who does not have a social security number, the applicant shall submit to the department with his or her application a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license issued in reliance upon a false statement submitted under this subsection is invalid.

AB133-ASA1-CA1, s. 3023k Section 3023k. 562.05 (7) (am) 1. of the statutes is amended to read:

AB133-ASA1-CA1,671,5 562.05 (7) (am) 1. The department shall require each person who is subject to an investigation under par. (a) and who is an individual to provide his or her social security number, unless the person is an individual who does not have a social security number and the person submits a statement made or subscribed under oath or affirmation as required under sub. (1e).".

AB133-ASA1-CA1,671,6 1477. Page 1402, line 19: after that line insert:

AB133-ASA1-CA1,671,8 " Section 3025m. 565.30 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB133-ASA1-CA1,672,9 565.30 (5) Withholding of delinquent state taxes, child support or debts owed the state. The administrator shall report the name, address and social security number of each winner of a lottery prize equal to or greater than $1,000 and the name, address and social security number of each person to whom a lottery prize equal to or greater than $1,000 has been assigned to the department of revenue to determine whether the payee or assignee of the prize is delinquent in the payment of state taxes under ch. 71, 72, 76, 77, 78 or 139 or in court-ordered payment of child support or has a debt owing to the state. Upon receipt of a report under this subsection, the department of revenue shall first ascertain based on certifications by the department of workforce development or its designee under s. 49.855 (1) whether any person named in the report is currently delinquent in court-ordered payment of child support and shall next certify to the administrator whether any person named in the report is delinquent in court-ordered payment of child support or payment of state taxes under ch. 71, 72, 76, 77, 78 or 139. Upon this certification by the department of revenue or upon court order the administrator shall withhold the certified amount and send it to the department of revenue for remittance to the appropriate agency or person. At the time of remittance, the department of revenue shall charge its administrative expenses to the state agency that has received the remittance. The administrative expenses received by the department of revenue shall be credited to the appropriation under s. 20.566 (1) (h). In instances in which the payee or assignee of the prize is delinquent both in payments for state taxes and in court-ordered payments of child support, or is delinquent in one or both of these payments and has a debt owing to the state, the amount remitted to the appropriate agency or person shall be in proportion to the prize amount as is the delinquency or debt owed by the payee or assignee.

AB133-ASA1-CA1, s. 3025p Section 3025p. 565.30 (5m) of the statutes is renumbered 565.30 (5m) (a) and amended to read:

AB133-ASA1-CA1,672,25 565.30 (5m) (a) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments and the name, address and social security number or federal income tax number of the person who has been assigned a lottery prize that is payable in instalments. Upon receipt of the report, the department of workforce development shall certify to the administrator whether any payee or assignee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.458 (3), 767.465 (2m), 767.477, 767.51 (3), 767.62 (4) (a) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The Subject to par. (b), the administrator shall withhold the certified amount from each payment made to the winner or assignee and remit the certified amount to the department of workforce development.

AB133-ASA1-CA1, s. 3025pc Section 3025pc. 565.30 (5m) (b) of the statutes is created to read:

AB133-ASA1-CA1,673,6 565.30 (5m) (b) The administrator may not withhold from any payment to an assignee of a lottery prize any child support, spousal support, maintenance or family support specified in par. (a) that is owed by a winner of a lottery prize, nor may the administrator withhold from any payment to a winner any child support, spousal support maintenance or family support that is owed by an assignee.

AB133-ASA1-CA1, s. 3025pf Section 3025pf. 565.30 (5r) (a) of the statutes is amended to read:

AB133-ASA1-CA1,673,11 565.30 (5r) (a) Annually, the administrator shall provide each clerk of circuit court in the state with a list of the winners or assignees of a lottery prize that is payable in instalments. The list shall include each winner or assignee since the date of the previous list.

AB133-ASA1-CA1, s. 3025pg Section 3025pg. 565.30 (5r) (b) of the statutes is amended to read:

AB133-ASA1-CA1,674,4 565.30 (5r) (b) If Subject to par. (c), if the administrator receives a notice under s. 973.05 (5) (a) or 778.30 (2) (a) of the assignment of lottery prizes under s. 973.05 (4) (c) or 778.30 (1) (c) and determines that the person subject to the assignment is a winner or assignee of a lottery prize that is payable in instalments, the administrator shall withhold the amount of the judgment that is the basis of the assignment from the next instalment payment. The administrator shall submit the withheld amount to the court that issued the assignment. At the time of the submittal, the administrator shall charge the administrative expenses related to that withholding and submittal to the winner or assignee of the lottery prize and withhold those expenses from the balance of the instalment payment. The administrator shall notify the winner or assignee of the reason that the amount is withheld from the instalment payment. If the initial instalment payment is insufficient to pay the judgment and administrative expenses, the administrator shall withhold and submit to the court an amount from any additional instalment payments until the judgment and administrative expenses are paid in full and the assignment is no longer in effect. The administrative expenses received by the department shall be credited to the appropriation under s. 20.566 (1) (h).

AB133-ASA1-CA1, s. 3025ph Section 3025ph. 565.30 (5r) (c) of the statutes is created to read:

AB133-ASA1-CA1,674,9 565.30 (5r) (c) The administrator may not withhold from any payment to an assignee of a lottery prize the amount specified in par. (b) that is owed by a winner of a lottery prize, nor may the administrator withhold from any payment to a winner the amount specified in par. (b) that is owed by an assignee.

AB133-ASA1-CA1, s. 3025pj Section 3025pj. 565.30 (5t) of the statutes is amended to read:

AB133-ASA1-CA1,674,13 565.30 (5t) Priority of withholding. (intro.) The administrator shall withhold payments under this section from a winner or assignee of a lottery prize in the following order:

AB133-ASA1-CA1, s. 3025pL Section 3025pL. 565.30 (6) of the statutes is repealed.

AB133-ASA1-CA1, s. 3025pm Section 3025pm. 565.30 (6m) of the statutes is created to read:

AB133-ASA1-CA1,674,18 565.30 (6m) Use of lottery prize as security for loan. (a) Definition. In this subsection, "prize winner" means a person who has won a lottery prize and any other person who is authorized by law to use a lottery prize as security for a loan.

AB133-ASA1-CA1,674,21 (b) Security for a loan. A prize winner may use a lottery prize or part of a lottery prize as security for a loan only pursuant to a court order issued under this subsection.

AB133-ASA1-CA1,675,3 (c) Judicial process for using lottery prizes as security for loans. Any prize winner who intends to use part or all of a lottery prize as security for a loan shall petition the circuit court of the county in which the prize winner resides or the circuit court of Dane County for a court order confirming the use of a lottery prize as security for a loan. The circuit court of the county in which the prize winner resides or the circuit court of Dane County shall issue an order confirming the use of a lottery prize as security for a loan only if all of the following occur:

AB133-ASA1-CA1,675,4 1. The prize winner is represented by independent legal counsel.

AB133-ASA1-CA1,675,6 2. A copy of the contract that provides for using any part of the lottery prize as security for the loan is attached to the petition.

AB133-ASA1-CA1,675,10 3. The contract is executed by the prize winner, is subject to the laws of this state and provides that the prize winner has the right to cancel the contract until midnight of the 3rd business day after the date on which the prize winner entered into the contract.

AB133-ASA1-CA1,675,14 4. The prize winner attests, by sworn affidavit, that he or she is of sound mind, is not acting under duress and acknowledges that the state will not make any of the lottery prize payments or parts of lottery prize payments to the prize winner that are being used as security for the loan in the event the prize winner defaults on the loan.

AB133-ASA1-CA1,675,17 5. The prize winner, by sworn affidavit, provides the court with an accounting of all claims to, or judgments, liens, security interests, garnishments, assignments or attachments against, all or any part of the lottery prize payments.

AB133-ASA1-CA1,675,20 6. The prize winner provides the court a certification from the administrator that lists the amounts of the lottery prize payments, if any, that the administrator is required to withhold for the prize winner under subs. (4), (5), (5m) and (5r).

AB133-ASA1-CA1,675,23 7. The part of the lottery prize that is being used as security for the loan does not include the amounts of any withholdings specified under subs. (4), (5), (5m) and (5r).

AB133-ASA1-CA1,676,4 8. The court determines that the interest rate on the loan does not exceed the weekly prime rate for the week prior to the date on which the court received a copy of the contract, as reported by the federal reserve board in federal reserve statistical release H. 15, plus 6%. In making the calculation under this subdivision, the court shall subtract from the compensation received by the individual or organization making the loan any required fees or other costs charged the prize winner.

AB133-ASA1-CA1,676,6 (d) Contents of court order. A court order issued under par. (c) shall include all of the following:

AB133-ASA1-CA1,676,7 1. The name of the prize winner.

AB133-ASA1-CA1,676,10 2. The prize winner's social security number if the prize winner is an individual, or federal income tax identification number if the prize winner is an organization.

AB133-ASA1-CA1,676,12 3. The name of the individual or organization that is making the loan to the prize winner.

AB133-ASA1-CA1,676,14 4. The social security number of the individual or the federal income tax identification number of the organization that is making the loan to the prize winner.

AB133-ASA1-CA1,676,17 5. If an individual is making the loan to the prize winner, the citizenship of the individual. If the individual is not a citizen of the United States of America, the order shall include the individual's resident alien number.

AB133-ASA1-CA1,676,25 (e) Administration. Upon receipt of a court order issued under par. (c), the individual or organization making the loan shall provide a certified copy of the court order to the administrator. The administrator shall acknowledge receipt of the court order in writing to the individual or organization making the loan and shall make all lottery prize payments according to the terms specified in the court order. The administrator may charge an initial processing fee, in an amount determined by rule, to cover any costs associated with processing the lottery prize payments in accordance with the terms specified in the court order.

AB133-ASA1-CA1, s. 3025pp Section 3025pp. 565.30 (6r) of the statutes is created to read:

AB133-ASA1-CA1,677,4 565.30 (6r) Voluntary assignment of lottery prize. (a) Definition. In this subsection, "assignor" means a lottery prizewinner or a person who has the right to assign all or part of a lottery prize.

AB133-ASA1-CA1,677,7 (b) Voluntary assignment. An assignor may make a voluntary assignment of a lottery prize or part of a lottery prize only pursuant to a court order issued under this subsection.

AB133-ASA1-CA1,677,13 (c) Judicial process for assignment. Any assignor who intends to voluntarily assign part or all of a lottery prize to any individual or organization shall petition the circuit court of the county in which the assignor resides or the circuit court of Dane County for a court order confirming the assignment. The circuit court of the county in which the assignor resides or the circuit court of Dane County shall issue an order confirming the assignment only if all of the following occur:

AB133-ASA1-CA1,677,14 1. The assignor is represented by independent legal counsel.

AB133-ASA1-CA1,677,15 2. A copy of the assignment is attached to the petition.

AB133-ASA1-CA1,677,17 3. The assignment is in writing, is executed by the assignor and is subject to the laws of this state.

AB133-ASA1-CA1,677,20 3m. The contract for the assignment provides that the assignor has the right to cancel the contract until midnight of the 3rd business day after the date on which the assignor entered into the contract.

AB133-ASA1-CA1,677,24 3r. The contract for the assignment provides that the assignor, from the proceeds received from the individual or organization to whom part or all of the lottery prize is assigned, agrees to pay in full any delinquent payments that may be owed by the assignor under subs. (4), (5), (5m) and (5r).

AB133-ASA1-CA1,678,3 4. The assignor attests, by sworn affidavit, that he or she is of sound mind, is not acting under duress and acknowledges that the state will not make any of the assigned lottery prize payments or parts of lottery prize payments to the assignor.

AB133-ASA1-CA1,678,6 5. The assignor, by sworn affidavit, provides the court with an accounting of all claims to, or judgments, liens, security interests, garnishments, assignments or attachments against, all or any part of the lottery prize payments.

AB133-ASA1-CA1,678,8 6. The assignment does not include the amounts of any withholdings specified under sub. (4), (5), (5m) or (5r).

AB133-ASA1-CA1,678,11 7. The assignor provides the court a certification from the administrator that lists the amounts of the lottery prize payments, if any, that the administrator is required to withhold for the assignor under subs. (4), (5), (5m) and (5r).

AB133-ASA1-CA1,678,19 8. The payment that the assignor will receive as compensation for the assignment is at least equal to the present value of the assigned lottery prize payments, discounted at a rate no greater than the weekly prime rate for the week prior to the date on which the court received a copy of the assignment, as reported by the federal reserve board in federal reserve statistical release H. 15, plus 6%. In making the calculation under this subdivision, the court shall subtract from the compensation received by the assignor any required fees or other costs charged the assignor.

AB133-ASA1-CA1,678,23 9. The individual or organization to whom part or all of the lottery prize is assigned specifies in an affidavit that the individual or organization agrees to report and pay any state income or franchise tax that is owed on any income or gain realized from the purchase and subsequent sale or redemption of any lottery prize.

AB133-ASA1-CA1,678,25 (d) Contents of court order. A court order issued under par. (c) shall include all of the following:

AB133-ASA1-CA1,679,2 1. The name of the prizewinner or the name of the assignor, if different from the prizewinner.

AB133-ASA1-CA1,679,4 2. The assignor's social security number if the assignor is an individual, or federal income tax identification number if the assignor is an organization.

AB133-ASA1-CA1,679,6 3. The name of the individual or organization to whom part or all of the lottery prize is assigned.

AB133-ASA1-CA1,679,9 4. The social security number of the individual or the federal income tax identification number of the organization to whom part or all of the lottery prize is assigned.

AB133-ASA1-CA1,679,12 5. If part or all of the lottery prize is assigned to an individual, the citizenship of the individual. If the individual is not a citizen of the United States of America, the order shall include the individual's resident alien number.

AB133-ASA1-CA1,679,14 6. The number of assigned lottery prize payments and the dates on which the assigned lottery prize payments are to be paid.

AB133-ASA1-CA1,679,16 7. The gross amount of each of the lottery prize payments that are subject to withholding for tax purposes and that are assigned.

AB133-ASA1-CA1,679,25 (e) Administration of lottery prize assignment. Upon receipt of a court order issued under par. (c), the individual or organization to whom the lottery prize is assigned shall provide a certified copy of the court order to the administrator. The administrator shall acknowledge receipt of the court order in writing to the individual or organization to whom the lottery prize is assigned and shall make all lottery prize payments according to the terms specified in the court order. The administrator may charge an initial processing fee, in an amount determined by rule, to cover any costs associated with processing the lottery prize payments in accordance with the terms specified in the court order.".

AB133-ASA1-CA1,680,1 1478. Page 1402, line 19: after that line insert: