AB942: Bill Text

AB942,19,9 (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:

AB942,19,10 1. The assignor is represented by independent legal counsel.

AB942,19,11 2. A copy of the assignment is attached to the petition.

AB942,19,13 3. The assignment is in writing, is executed by the assignor and is subject to the laws of this state.

AB942,19,16 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.

AB942,19,20 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 prized is assigned, agrees to pay in full any delinquent payments that may be owed by the assignor under subs. (4), (5) and (5m) and s. 565.37 (5r).

AB942,19,23 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.

AB942,20,3 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.

AB942,20,5 6. The assignment does not include the amounts of any withholdings specified under sub. (4), (5) or (5m) or s. 565.37 (5r).

AB942,20,8 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) and (5m) and s. 565.37 (5r).

AB942,20,16 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.

AB942,20,20 9. The individual or organization to whom part or all of the lottery prized 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.

AB942,20,22 (d) Contents of court order. A court order issued under par. (c) shall include all of the following:

AB942,20,24 1. The name of the prizewinner or the name of the assignor, if different from the prizewinner.

AB942,21,2 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.

AB942,21,4 3. The name of the individual or organization to whom part or all of the lottery prize is assigned.

AB942,21,7 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.

AB942,21,10 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.

AB942,21,12 6. The number of assigned lottery prize payments and the dates on which the assigned lottery prize payments are to be paid.

AB942,21,14 7. The gross amount of each of the lottery prize payments that are subject to withholding for tax purposes and that are assigned.

AB942,21,23 (e) Administration of lottery prize assignment. Upon receipt of a court order issued under par. (c), the individual or organization to whom the lottery prized 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 prized 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.

AB942, s. 23 Section 23. 565.37 (5r) of the statutes is renumbered 565.37 (5r) (a) and amended to read:

AB942,22,14 565.37 (5r) (a) If the administrator receives a notice of the assignment of lottery prizes under s. 973.05 (4) (b), he or she shall periodically determine if the person subject to the assignment is a winner or assignee of a lottery prize that is payable in instalments. If the administrator determines that a person subject to an assignment of lottery prizes under s. 973.05 (4) (b) is a winner or assignee of a lottery prize that is payable in instalments, the administrator, subject to par. (b), 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. The administrator shall notify the winner or assignee of the reason that the amount is withheld from the lottery prize. If the initial instalment payment is insufficient to pay the judgment, the administrator shall withhold and submit to the court an amount from any additional instalment payments until the judgment is paid in full or until the court notifies the administrator that the judgment is paid and the assignment is no longer in effect.

AB942, s. 24 Section 24. 565.37 (5r) (b) of the statutes is created to read:

AB942,22,19 565.37 (5r) (b) The administrator may not withhold from any payment to an assignee of a lottery prize the amount 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 the amount specified in par. (a) that is owed by an assignee.

AB942, s. 25 Section 25. Initial applicability; revenue.

AB942,22,24 (1) Situs of income. The treatment of sections 71.04 (1) (a) and (9), 71.23 (1) and (2), 71.25 (5) (b), 71.26 (1) (a), 71.362 (1) and (2), 71.43 (1) and (2), 71.45 (1), (2) (a) 15. and (3r), 71.46 (3) and 71.67 (4) (a) of the statutes first applies to taxable years beginning on January 1, 1998.

AB942, s. 26 Section 26. Effective dates. This act takes effect on the day after publication, except as follows:

AB942,23,5 (1) The repeal and recreation of section 565.30 (5) of the statutes takes effect on October 1, 1999, or the date stated in the Wisconsin Administrative Register under section 767.29 (1) (f) of the statutes, whichever is earlier.

AB942,23,6 (End)