AB494: Bill Text

1995 - 1996 LEGISLATURE

1995 Assembly BILL 494

July 24, 1995 - Introduced by Representative Black. Referred to Special committee on Gambling Oversight.

AB494,1,7 An Act to renumber 561.02; to amend 20.197 (1) (g) (intro.), 20.410 (1) (kx), 562.02 (2) (f), 562.04 (1) (b) 4, 562.04 (2) (d), 562.05 (2), 562.065 (3) (d) 2., 562.065 (3) (e) 2., 562.065 (4) and 562.09 (2) (e); and to create 15.07 (1) (a) 6., 15.07 (5) (yb), 15.56, 20.196, 20.197 (1) (i), 20.197 (1) (j), 20.197 (1) (t), 20.197 (1) (u), 20.410 (1) (k), 25.75 (3) (b) 5., 301.03 (3k), 561.02 (2) and chapter 570 of the statutes; relating to: the prevention and treatment of compulsive gambling, creating a compulsive gambling board and making appropriations.

Analysis by the Legislative Reference Bureau

This bill creates a compulsive gambling board (board) consisting of 2 senators and 2 representatives to the assembly who are appointed as are the members of standing committees in their respective houses, the governor or the governor's designee, 4 members appointed by the governor for 4-year terms, and the secretary of corrections and the state superintendent of public instruction or their designees. The bill requires the board to establish a statewide, toll-free hotline to assist and provide referral for persons with problems relating to compulsive gambling; to establish an outreach program to educate the public about compulsive gambling, with an emphasis on youth; to conduct research on the extent and nature of compulsive gambling in this state; to make recommendations to the governor, the legislature and state agencies relating to the prevention and treatment of compulsive gambling; and to make grants to compulsive gambling treatment centers, including at least one grant during each fiscal year to a treatment center that is located in northern Wisconsin. The bill authorizes 3 staff positions for the board, including an executive director who is appointed by the board, and appropriates $300,000 for the general program operations of the board and $400,000 for the compulsive gambling treatment grants for fiscal year 1996-97.

The bill also requires the secretary of corrections, in consultation with the board, to initiate a program to treat prisoners for compulsive gambling and appropriates $300,000 for this program for fiscal year 1996-97.

The bill allocates $500,000 from state lottery revenues and $500,000 from racing revenues in fiscal year 1996-97 to fund all of the costs of the board and the department of corrections under the bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB494, s. 1 Section 1. 15.07 (1) (a) 6. of the statutes is created to read:

AB494,2,3 15.07 (1) (a) 6. Members of the compulsive gambling board appointed under s. 15.56 (3) shall be appointed as provided in that section.

AB494, s. 2 Section 2. 15.07 (5) (yb) of the statutes is created to read:

AB494,2,6 15.07 (5) (yb) Members of the compulsive gambling board who are appointed by the governor, $25 per day.

AB494, s. 3 Section 3. 15.56 of the statutes is created to read:

AB494,2,9 15.56 Compulsive gambling board; creation. There is created a compulsive gambling board consisting of the following members:

AB494,2,11 (1) Two senators and 2 representatives to the assembly who are appointed as are the members of standing committees in their respective houses.

AB494,2,12 (2) The governor or the governor's designee.

AB494,2,14 (3) The following members who are appointed by the governor for 4-year terms:

AB494,2,15 (a) One representative of the gambling industry.

AB494,2,16 (b) One recovering or recovered compulsive gambler.

AB494,2,18 (c) One medical professional with experience in the treatment of compulsive gambling.

AB494,3,1 (d) One member of a compulsive gambler's family.

AB494,3,2 (4) The secretary of corrections or the secretary's designee.

AB494,3,3 (5) The superintendent of public instruction or the superintendent's designee.

AB494, s. 4 Section 4. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB494, s. 5 Section 5. 20.196 of the statutes is created to read:

AB494,4,3 20.196 Compulsive gambling board. There is appropriated to the compulsive gambling board for the following programs:

AB494,4,7 (1) Compulsive gambling programs. (k) General program operations. The amounts in the schedule for general program operations under ch. 570. All moneys received from charges imposed under s. 570.02 (7) for operating compulsive gambling programs for the gaming commission shall be credited to this appropriation.

AB494,4,11 (km) Compulsive gambling treatment grants. The amounts in the schedule for grants under s. 570.02 (5). All moneys received from charges imposed under s. 570.02 (7) for making compulsive gambling treatment grants for the gaming commission shall be credited to this appropriation.

AB494, s. 6 Section 6. 20.197 (1) (g) (intro.) of the statutes is amended to read:

AB494,5,2 20.197 (1) (g) General program operations racing, charitable and crane games. (intro.) The amounts in the schedule for general program operations under chs. 561 to 569. All moneys received by the gaming commission under ss. 562.02 (2) (f), 562.04 (1) (b) 4. and (2) (d), 562.05 (2), 562.065 (3) (d) and (e) 2. and (4) and 562.09 (2) (e), under ch. 563, except s. 563.80, and under s. 564.02 (2), less the amounts appropriated under pars. (i) and (j) and s. 20.455 (2) (g), shall be credited to this appropriation account. The unencumbered balance in this appropriation account on June 30 of each fiscal year which exceeds 10% of that fiscal year's expenditures under this appropriation, but not more than the total amount received during that fiscal year under s. 562.065 (3) (d) and (e) 2. and (4), shall be transferred as follows:

AB494, s. 7 Section 7. 20.197 (1) (i) of the statutes is created to read:

AB494,5,7 20.197 (1) (i) Compulsive gambling programs. From moneys received under ss. 562.02 (2) (f), 562.04 (1) (b) 4. and (2) (d), 562.05 (2), 562.065 (3) (d) and (e) 2. and (4) and 562.09 (2) (e), the amounts in the schedule to make payments under s. 570.02 (7) for the prevention and treatment of compulsive gambling.

AB494, s. 8 Section 8. 20.197 (1) (j) of the statutes is created to read:

AB494,5,12 20.197 (1) (j) Prisoner compulsive gambling program. From moneys received under ss. 562.02 (2) (f), 562.04 (1) (b) 4. and (2) (d), 562.05 (2), 562.065 (3) (d) and (e) 2. and (4) and 562.09 (2) (e), the amounts in the schedule to make payments under s. 301.03 (3k) to treat prisoners for compulsive gambling.

AB494, s. 9 Section 9. 20.197 (1) (t) of the statutes is created to read:

AB494,5,16 20.197 (1) (t) Compulsive gambling programs; lottery revenues. From the lottery fund, the amounts in the schedule to make payments under s. 570.02 (7) for the prevention and treatment of compulsive gambling.

AB494, s. 10 Section 10. 20.197 (1) (u) of the statutes is created to read:

AB494,5,20 20.197 (1) (u) Prisoner compulsive gambling program; lottery revenues. From the lottery fund, the amounts in the schedule to make payments under s. 301.03 (3k) to treat prisoners for compulsive gambling.

AB494, s. 11 Section 11. 20.410 (1) (k) of the statutes is created to read:

AB494,6,2 20.410 (1) (k) Prisoner compulsive gambling program. The amounts in the schedule for the prisoner compulsive gambling program under s. 301.03 (3k). All moneys received from charges imposed under s. 301.03 (3k) for operating prisoner compulsive gambling programs for the gaming commission shall be credited to this appropriation account.

AB494, s. 12 Section 12. 20.410 (1) (kx) of the statutes is amended to read:

AB494,6,7 20.410 (1) (kx) Interagency and intra-agency programs. All moneys received from other state agencies and all moneys received by the department from the department not directed to be deposited under par. (k), (kk) or (km) for the administration of programs or projects for which received.

AB494, s. 13 Section 13. 25.75 (3) (b) 5. of the statutes is created to read:

AB494,6,10 25.75 (3) (b) 5. Moneys appropriated from the lottery fund under s. 20.197 (1) (t) and (u) shall not be included.

AB494, s. 14 Section 14. 301.03 (3k) of the statutes is created to read:

AB494,6,17 301.03 (3k) In consultation with the compulsive gambling board, establish a program to treat prisoners for compulsive gambling. The department shall charge the gaming commission an amount equal to the amounts appropriated under s. 20.197 (1) (j) and (u) for the costs of the department under this subsection. Moneys received under this subsection shall be deposited in the appropriation account under s. 20.410 (1) (k).

AB494, s. 15 Section 15. 561.02 of the statutes is renumbered 561.02 (1).

AB494, s. 16 Section 16. 561.02 (2) of the statutes is created to read:

AB494,6,23 561.02 (2) The commission shall operate programs and make grants for the prevention and treatment of compulsive gambling. The programs shall be operated and the grants shall be made for the commission by the compulsive gambling board under ch. 570.

AB494, s. 17 Section 17. 562.02 (2) (f) of the statutes is amended to read:

AB494,7,9 562.02 (2) (f) Suspend or revoke any license or impose a forfeiture for any violation of this chapter or commission rules. The commission may suspend or revoke an occupational license issued under s. 562.05 (1) (d) or impose a forfeiture on that licensee under this paragraph if the stewards do not hold a meeting under s. 562.04 (1) (b) or hold a meeting but do not suspend the license or impose a forfeiture. Upon appeal, the commission may change any action of the stewards under s. 562.04 (1) (b). Fifty percent of the moneys received under this paragraph shall be deposited in the appropriations appropriation accounts under ss. 20.197 (1) (g), (i) and (j) and 20.455 (2) (g).

AB494, s. 18 Section 18. 562.04 (1) (b) 4. of the statutes is amended to read:

AB494,7,18 562.04 (1) (b) 4. If at least 2 stewards determine that the violation or conduct has occurred, the stewards may, under the schedule established by the commission under s. 562.02 (1) (f), suspend a license issued under s. 562.05 (1) (d) for a period not to exceed 90 days or impose a forfeiture not to exceed $2,000 or both; or recommend that the commission suspend a license for more than 90 days or impose a forfeiture exceeding $2,000 or both. Fifty percent of the moneys received under this subdivision shall be deposited in the appropriations appropriation accounts under ss. 20.197 (1) (g), (i) and (j) and 20.455 (2) (g).

AB494, s. 19 Section 19. 562.04 (2) (d) of the statutes is amended to read:

AB494,7,23 562.04 (2) (d) A fee for the supervision of racing by stewards or other racing officials employed by or under contract with the commission. Any moneys received under this paragraph shall be deposited in the appropriations appropriation accounts under ss. 20.197 (1) (g), (i) and (j) and 20.455 (2) (g).

AB494, s. 20 Section 20. 562.05 (2) of the statutes is amended to read:

AB494,8,5 562.05 (2) The commission shall establish, by rule, the qualifications for any license required under sub. (1) and fix the fee for that license and any background investigation under sub. (7) related to that license. Any moneys received under this subsection shall be deposited in the appropriations appropriation accounts under ss. 20.197 (1) (g), (i) and (j) and 20.455 (2) (g).

AB494, s. 21 Section 21. 562.065 (3) (d) 2. of the statutes is amended to read:

AB494,8,9 562.065 (3) (d) 2. The commission shall deposit the money received under subd. 1. in the appropriations appropriation accounts under ss. 20.197 (1) (g), (i) and (j) and 20.455 (2) (g).

AB494, s. 22 Section 22. 562.065 (3) (e) 2. of the statutes is amended to read:

AB494,8,12 562.065 (3) (e) 2. For dog races, in the appropriations appropriation accounts under ss. 20.197 (1) (g), (i) and (j) and 20.455 (2) (g).

AB494, s. 23 Section 23. 562.065 (4) of the statutes is amended to read:

AB494,8,18 562.065 (4) Unclaimed prizes. Any winnings on a race which 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 commission. The commission shall deposit moneys received under this subsection in the appropriations appropriation accounts under ss. 20.197 (1) (g), (i) and (j) and 20.455 (2) (g).

AB494, s. 24 Section 24. 562.09 (2) (e) of the statutes is amended to read:

AB494,8,23 562.09 (2) (e) The commission shall establish, by rule, and charge fees for testing under this subsection. Fees received under this paragraph shall be deposited in the appropriations appropriation accounts under ss. 20.197 (1) (g), (i) and (j) and 20.455 (2) (g).

AB494, s. 25 Section 25. Chapter 570 of the statutes is created to read:

AB494,9,2 Chapter 570 Compulsive gambling board

AB494,9,3 570.01 Definitions. In this chapter:

AB494,9,4 (1) "Board" means the compulsive gambling board.

AB494,9,7 (2) "Compulsive gambling" means chronic and progressive preoccupation with gambling in which the urge to gamble is to the extent that the gambling behavior compromises, disrupts or damages personal, family or vocational pursuits.

AB494,9,8 570.02 Operation of the board. The board shall do all of the following:

AB494,9,10 (1) Establish a statewide, toll-free telephone number to assist and provide referral for persons with problems relating to compulsive gambling.

AB494,9,12 (2) Establish an outreach program to educate the public about compulsive gambling, with an emphasis on youth.

AB494,9,14 (3) Conduct research on the extent and nature of compulsive gambling in this state.

AB494,9,16 (4) Make recommendations to the governor, the legislature and state agencies relating to the prevention and treatment of compulsive gambling.

AB494,9,21 (5) From the appropriation under s. 20.196 (1) (km), make grants to compulsive gambling treatment centers, including at least one grant during each fiscal year, as defined in s. 20.902, to a treatment center that is located in the portion of this state that is north of a line running east and west through the south limits of the city of Stevens Point.

AB494,9,22 (6) Appoint an executive director and staff within the classified service.