Amendment ASA3-AB144

AB144-ASA3,8,17 2. In calculating the percentage of credits awarded to credits played for an amusement device under subd. 1., the department shall reduce the percentage by a percentage that produces an amount equal to the amount of any sales or use taxes generated from the play of the amusement device.

AB144-ASA3,8,21 (g) The adjusted gross receipts, less any amount paid as sales or use taxes from the play of an amusement device, shall be equally divided between the state, for deposit in the lottery fund, and the holder of the license under par. (a) for the premises or racetrack at which the amusement device is located.

AB144-ASA3,9,2 (2) If the department attempts to verify the percentage of credits awarded to credits played of an amusement device under sub. (1) (f) and the owner of the premises or racetrack at which the amusement device is located fails, or is unable, to assist the department, with the result that the department cannot verify the percentage of credits awarded to credits played, the department shall do the following:

AB144-ASA3,9,5 (a) For the first offense, issue a warning to the owner, and the owner shall immediately assist the department in verifying the percentage of credits awarded to credits played of the amusement device.

AB144-ASA3,9,7 (b) For the 2nd offense, suspend for 30 days the license issued under sub. (1) (a) for that premises or racetrack.

AB144-ASA3,9,9 (c) For the 3rd offense, permanently revoke the license issued under sub. (1) (a) for that premises or racetrack.

AB144-ASA3, s. 26 Section 26. 565.27 (1) (intro.) of the statutes is amended to read:

AB144-ASA3,9,16 565.27 (1) Game features and procedures. (intro.) Subject to this section, the rules promulgated under s. 565.02 (3) (d) and (4) (a) and approval by the secretary of revenue, the administrator shall determine the particular features of and procedures for each lottery game offered other than games played on amusement devices licensed under s. 565.08. The features and procedures shall be in writing, shall be accessible to the public and shall include all of the following:

AB144-ASA3, s. 27 Section 27. 565.30 (title) of the statutes is amended to read:

AB144-ASA3,9,18 565.30 (title) Lottery ticket and share prizes.

AB144-ASA3, s. 28 Section 28. 565.30 (8) of the statutes is created to read:

AB144-ASA3,9,22 565.30 (8) Applicability. This section applies only to prizes paid to the holder of a winning lottery ticket or share and not to prizes paid from an amusement device licensed under s. 565.08.

AB144-ASA3, s. 29 Section 29. 945.01 (1) (dm) of the statutes is created to read:

AB144-ASA3,9,25 945.01 (1) (dm) Playing an amusement device, as defined in s. 565.01 (1g), that is licensed as described in s. 565.08.

AB144-ASA3, s. 30 Section 30. 945.01 (3) (a) of the statutes is amended to read:

AB144-ASA3,10,5 945.01 (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.

AB144-ASA3, s. 31 Section 31. 945.01 (3) (b) 1m. of the statutes is created to read:

AB144-ASA3,10,8 945.01 (3) (b) 1m. An amusement device, as defined in s. 565.01 (1g), that is licensed as described in s. 565.08.

AB144-ASA3, s. 32 Section 32. 945.01 (4) (am) of the statutes is renumbered 945.01 (4) (am) (intro.) and amended to read:

AB144-ASA3,10,12 945.01 (4) (am) (intro.) "Gambling place" does not include a any of the following:

AB144-ASA3,10,13 1. A place where bingo or a raffle is conducted under ch. 563,.

AB144-ASA3,10,14 2. A place where a lottery is conducted under ch. 565 or.

AB144-ASA3,10,15 3. A place where a race is conducted under ch. 562 and does not include a.

AB144-ASA3,10,17 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.

AB144-ASA3, s. 33 Section 33. 945.01 (4) (am) 5. of the statutes is created to read:

AB144-ASA3,10,20 945.01 (4) (am) 5. A premises on which is located an amusement device, as defined in s. 565.01 (1g), that is licensed as described in s. 565.08.

AB144-ASA3, s. 34 Section 34. 945.01 (5) (am) of the statutes is amended to read:

AB144-ASA3,10,25 945.01 (5) (am) "Lottery" does not include bingo or a raffle conducted under ch. 563,; the playing of an amusement device, as defined in s. 565.01 (1g), that is licensed as described in s. 565.08; pari-mutuel wagering conducted under ch. 562; or the state lottery or any multijurisdictional lottery conducted under ch. 565.

AB144-ASA3, s. 35 Section 35. 945.041 (1) of the statutes is amended to read:

AB144-ASA3,11,14 945.041 (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. 565.01 (1g), that is not licensed as described under s. 565.08, 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.

AB144-ASA3, s. 36 Section 36. 945.041 (2) of the statutes is amended to read:

AB144-ASA3,12,8 945.041 (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. 565.01 (1g), that is not licensed as described under s. 565.08, 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.

AB144-ASA3, s. 37 Section 37. 945.041 (3) of the statutes is amended to read:

AB144-ASA3,13,15 945.041 (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. 565.01 (1g), that is not licensed as described under s. 565.08, 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. 565.01 (1g), that is not licensed as described under s. 565.08, 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.

AB144-ASA3, s. 38 Section 38. Nonstatutory provisions.

AB144-ASA3,13,18 (1) Advisory referendum. Section 565.015, 2001 stats., does not apply to the action of the legislature in enacting this act.

AB144-ASA3, s. 39 Section 39. Effective dates. This act takes effect on July 1, 2003, or on the day after publication, whichever is later, except as follows:

AB144-ASA3,13,23 (1) The treatment of section 14.035 (2), (3), (4), and (5) of the statutes and the renumbering and amendment of section 14.035 of the statutes take effect on the day after publication.

AB144-ASA3,13,24 (End)