Amendment JR3 AA1-SB1

LRBb0034/1

RAC:cjs:rs

January 2003 Special Session

2003 - 2004 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO SENATE BILL 1

February 20, 2003 - Offered by Representatives Boyle, Sherman, Young, Gronemus, Plale, Balow, Sinicki, Vruwink, Travis, Zepnick, Suder, Turner, Hubler and Colon.

SB1-AA1,1,2 At the locations indicated, amend the bill, as shown by senate substitute amendment 1, as follows:

SB1-AA1,1,4 1. Page 1, line 5: after "prisons;" insert "and licensing and regulation of amusement devices by cities, villages, and towns;".

SB1-AA1,1,5 2. Page 1, line 12: before that line insert:

SB1-AA1,1,6 " Section 2b. 66.0424 of the statutes is created to read:

SB1-AA1,1,8 66.0424 Licensing and regulation of amusement devices. (1) In this section:

SB1-AA1,1,12 (a) "Adjusted gross receipts" means the total amount paid by cash or check to a Class "B" licensee or a "Class B" licensee under ch. 125 for the play of amusement devices less the total amount paid by cash or check to the players of the amusement devices for the play of the amusement devices.

SB1-AA1,2,4 (b) "Amusement device" means any video device that awards or is capable of awarding a player with one or more redeemable free replays or credits for achieving certain scores or results and does not change the ratio of plays to free replays or credits so awarded.

SB1-AA1,2,6 (c) "Set up for the purpose of play" means operated for the purpose of offering a person, for consideration, an opportunity to play an amusement device.

SB1-AA1,2,10 (2) Any city or village, acting under its power to determine its local affairs under article XI, section 3 (1), of the constitution, or any town that permits amusement devices to be set up for the purpose of play within its jurisdiction shall do all of the following:

SB1-AA1,2,12 (a) Require that amusement devices be played only at a premises issued a Class "B" license or a "Class B" license under ch. 125.

SB1-AA1,2,14 (b) Charge the owner of the amusement device an annual license fee of $100 for each amusement device set up for the purpose of play.

SB1-AA1,2,16 (c) Prohibit more than 5 amusement devices at any one premises operated under a Class "B" license or a "Class B" license issued under ch. 125.

SB1-AA1,2,21 (d) 1. Except as provided in subd. 2., require that any amusement device set up for the purpose of play have a percentage of credits awarded to credits played that is not less than the average percentage required under all unexpired Indian gaming compacts entered into under s. 14.035. In this subdivision, "average" means the arithmetic mean.

SB1-AA1,2,25 2. In calculating the percentage of credits awarded to credits played for an amusement device under subd. 1., the city, village, or town 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.

SB1-AA1,3,5 (e) Require that the adjusted gross receipts, less any amount paid as sales or use taxes from the play of an amusement device, be equally divided between the holder of the Class "B" license or "Class B" license issued under ch. 125 for the premises at which the amusement device is located, and the city, village, or town in which the premises is located.

SB1-AA1,3,12 (3) Beginning in 2005, any city, village, or town that does not permit amusement devices to be set up for the purpose of play shall have its next scheduled payment under s. 79.03 reduced by an amount equal to $5,000 multiplied by the number of premises located within its jurisdiction that are issued a Class "B" license or a "Class B" license under ch. 125. The reduction in payment shall continue for each year in which the city, village, or town does not permit amusement devices to be set up for the purpose of play.

SB1-AA1, s. 2c Section 2c. 77.51 (4) (c) 1m. of the statutes is created to read:

SB1-AA1,3,14 77.51 (4) (c) 1m. Adjusted gross receipts, as defined in s. 66.0424 (1) (a).

SB1-AA1, s. 2d Section 2d. 77.51 (15) (c) 1m. of the statutes is created to read:

SB1-AA1,3,16 77.51 (15) (c) 1m. Adjusted gross receipts, as defined in s. 66.0424 (1) (a).

SB1-AA1, s. 2e Section 2e. 125.12 (1) (a) of the statutes is amended to read:

SB1-AA1,3,20 125.12 (1) (a) Except as provided in this subsection and s. 945.041, any municipality or the department may revoke, suspend, or refuse to renew any license or permit under this chapter, as provided in this section.

SB1-AA1, s. 2f Section 2f. 125.12 (1) (c) of the statutes is amended to read:

SB1-AA1,3,25 125.12 (1) (c) Neither a municipality nor the department may consider an arrest or conviction for a violation punishable under s. 945.03 (2m), 945.04 (2m) or 945.05 (1m) in any action to revoke, suspend, or refuse to renew a Class "B" or "Class B" license or permit.

SB1-AA1, s. 2g Section 2g. 945.01 (1) (dm) of the statutes is created to read:

SB1-AA1,4,3 945.01 (1) (dm) Playing an amusement device, as defined in s. 66.0424 (1) (b), that is licensed as described in s. 66.0424 (2) (b).

SB1-AA1, s. 2h Section 2h. 945.01 (3) (a) of the statutes is amended to read:

SB1-AA1,4,8 945.01 (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.

SB1-AA1, s. 2i Section 2i. 945.01 (3) (b) 1m. of the statutes is created to read:

SB1-AA1,4,11 945.01 (3) (b) 1m. An amusement device, as defined in s. 66.0424 (1) (b), that is licensed as described in s. 66.0424 (2) (b).

SB1-AA1, s. 2k Section 2k. 945.01 (4) (am) of the statutes is renumbered 945.01 (4) (am) (intro.) and amended to read:

SB1-AA1,4,15 945.01 (4) (am) (intro.) "Gambling place" does not include a any of the following:

SB1-AA1,4,16 1. A place where bingo or a raffle is conducted under ch. 563,.

SB1-AA1,4,17 2. A place where a lottery is conducted under ch. 565 or.

SB1-AA1,4,18 3. A place where a race is conducted under ch. 562 and does not include a.

SB1-AA1,4,20 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.

SB1-AA1, s. 2m Section 2m. 945.01 (4) (am) 5. of the statutes is created to read:

SB1-AA1,4,23 945.01 (4) (am) 5. A premises on which is located an amusement device, as defined in s. 66.0424 (1) (b), that is licensed as described in s. 66.0424 (2) (b).

SB1-AA1, s. 2n Section 2n. 945.01 (5) (am) of the statutes is amended to read:

SB1-AA1,5,4 945.01 (5) (am) "Lottery" does not include bingo or a raffle conducted under ch. 563,; the playing of an amusement device, as defined in s. 66.0424 (1) (b), that is licensed as described in s. 66.0424 (2) (b); pari-mutuel wagering conducted under ch. 562; or the state lottery or any multijurisdictional lottery conducted under ch. 565.

SB1-AA1, s. 2p Section 2p. 945.03 (1m) of the statutes, as affected by 2001 Wisconsin Act 109, is renumbered 945.03, and 945.03 (intro.), as renumbered, is amended to read:

SB1-AA1,5,9 945.03 Commercial gambling. (intro.) Whoever intentionally does any of the following is engaged in commercial gambling and, except as provided in sub. (2m), is guilty of a Class I felony:

SB1-AA1, s. 2q Section 2q. 945.03 (2m) of the statutes is repealed.

SB1-AA1, s. 2r Section 2r. 945.04 (1m) of the statutes is renumbered 945.04, and 945.04 (intro.), as renumbered, is amended to read:

SB1-AA1,5,15 945.04 Permitting premises to be used for commercial gambling. (intro.) Except as provided in sub. (2m), whoever Whoever intentionally does any of the following is guilty of a Class A misdemeanor:

SB1-AA1, s. 2s Section 2s. 945.04 (2m) of the statutes is repealed.