Amendment CA1-ASA1-AB133

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:

AB133-ASA1-CA1,680,2 " Section 3025t. 569.01 (1j) of the statutes is created to read:

AB133-ASA1-CA1,680,4 569.01 (1j) "Indian gaming facility" means a facility at which Indian gaming is conducted under an Indian gaming compact.".

AB133-ASA1-CA1,680,5 1479. Page 1402, line 19: after that line insert:

AB133-ASA1-CA1,680,6 " Section 3025w. 565.45 of the statutes is amended to read:

AB133-ASA1-CA1,680,11 565.45 Report on expense limitation. Before January 1, 1992 2002, and every 2 years thereafter, the department shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), on the effects on the operation of the lottery of the 10% expense limitation under s. 25.75 (3) (b).".

AB133-ASA1-CA1,680,12 1480. Page 1402, line 19: after that line insert:

AB133-ASA1-CA1,680,14 " Section 3025r. 565.30 (5m) (a) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,681,4 565.30 (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. 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-CA1,681,5 1481. Page 1402, line 23: after that line insert:

AB133-ASA1-CA1,681,6 " Section 3026h. 569.01 (4) of the statutes is created to read:

AB133-ASA1-CA1,681,8 569.01 (4) "Net win" means the amount wagered at an Indian gaming facility, less the amount paid out in winnings at the Indian gaming facility.

AB133-ASA1-CA1, s. 3026p Section 3026p. 569.02 (5) of the statutes is created to read:

AB133-ASA1-CA1,681,14 569.02 (5) On March 1 annually, for each payment of Indian gaming receipts, as described under s. 569.01 (1m) (d), received by the state from an Indian tribe in the prior calendar year, determine the amount to be transferred under s. 20.505 (8) (hm) to the appropriation account under s. 20.835 (2) (ka) by doing all of the following:

AB133-ASA1-CA1,681,19 (a) Dividing the net win in the prior calendar year at all of the Indian tribe's Indian gaming facilities at which pari-mutuel racing is conducted and at which pari-mutuel racing under ch. 562 was conducted on the effective date of this paragraph .... [revisor inserts date], by the net win in the prior calendar year at all of the Indian tribe's Indian gaming facilities.

AB133-ASA1-CA1,681,22 (b) Multiplying the number calculated under par. (a) by the amount of Indian gaming receipts, as described under s. 569.01 (1m) (d), received by the state from the Indian tribe in the prior calendar year.".

AB133-ASA1-CA1,681,23 1482. Page 1404, line 15: after that line insert:

AB133-ASA1-CA1,682,2 " Section 3035m. 610.70 (1) (e) of the statutes, as created by 1997 Wisconsin Act 231, is amended to read:

AB133-ASA1-CA1,682,11 610.70 (1) (e) "Medical care institution" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium, adult family home, assisted living facility, rural medical center, hospice or other place licensed, certified or approved by the department of health and family services under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.032, 50.033, 50.034, 50.35, 50.52, 50.90, 51.04, 51.08, or 51.09 , 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06 or 252.10 or under ch. 233 or licensed or certified by a county department under s. 50.032 or 50.033.".

AB133-ASA1-CA1,682,12 1483. Page 1404, line 15: after that line insert:

AB133-ASA1-CA1,682,13 " Section 3037c. 628.095 (1) of the statutes is amended to read:

AB133-ASA1-CA1,682,18 628.095 (1) Required on applications. An application for a license issued under this subchapter shall contain the applicant's social security number, if the applicant is a natural person unless the applicant does not have a social security number, or the applicant's federal employer identification number, if the applicant is not a natural person.

AB133-ASA1-CA1, s. 3037d Section 3037d. 628.095 (2) of the statutes is amended to read:

AB133-ASA1-CA1,682,24 628.095 (2) Refusal to issue license. The commissioner may not issue a license, including a temporary license, under this subchapter unless the applicant provides his or her social security number, if the applicant is a natural person unless the applicant does not have a social security number, or provides the applicant's federal tax identification number, if the applicant is not a natural person.

AB133-ASA1-CA1, s. 3037e Section 3037e. 628.095 (3) of the statutes is amended to read:

AB133-ASA1-CA1,683,8 628.095 (3) Required when annual fee paid. At the time that the annual fee is paid under s. 601.31 (1) (m), an intermediary who is a natural person shall provide his or her social security number unless the intermediary does not have a social security number, and an intermediary that is not a natural person shall provide its federal employer identification number, if the social security number or federal employer identification number was not provided on the application for the license or previously when the annual fee was paid.

AB133-ASA1-CA1, s. 3037g Section 3037g. 628.095 (5) of the statutes is created to read:

AB133-ASA1-CA1,683,19 628.095 (5) If applicant or intermediary has no social security number. If an applicant who is a natural person does not have a social security number, the applicant shall provide to the commissioner, along with the application for a license and on a form prescribed by the department of workforce development, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. If an intermediary who is a natural person does not have a social security number, the intermediary shall provide to the commissioner, each time that the annual fee is paid under s. 601.31 (1) (m) and on a form prescribed by the department of workforce development, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number.

AB133-ASA1-CA1, s. 3037j Section 3037j. 628.10 (2) (cr) of the statutes is created to read:

AB133-ASA1-CA1,684,2 628.10 (2) (cr) For providing false information in statement. The commissioner shall revoke the license of an intermediary, including a temporary license under s. 628.09, if the commissioner determines, after a hearing, that the intermediary provided false information in a statement provided under s. 628.095 (5) with the intermediary's application or at the time that the annual fee was paid under s. 601.31 (1) (m).

AB133-ASA1-CA1, s. 3037k Section 3037k. 628.10 (2) (d) of the statutes is amended to read:

AB133-ASA1-CA1,684,14 628.10 (2) (d) For failure to provide social security or number, federal employer identification number or statement. If an intermediary fails to provide a social security number or federal employer identification number as required under s. 628.095 (3) or a statement as required under s. 628.095 (5), the commissioner shall suspend or limit the license of the intermediary, effective the day following the last day on which the annual fee under s. 601.31 (1) (m) may be paid, if the commissioner has given the intermediary reasonable notice of when the fee must be paid to avoid suspension or limitation. If the intermediary provides the social security number or, federal employer identification number or statement within 60 days from the effective date of the suspension, the commissioner shall reinstate the intermediary's license effective as of the date of suspension.".

AB133-ASA1-CA1,684,15 1484. Page 1404, line 15: after that line insert:

AB133-ASA1-CA1,684,16 " Section 3036c. 609.10 (title) of the statutes is amended to read: