Amendment ASA3-AB144

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2003 - 2004 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 3, TO 2003 ASSEMBLY BILL 144

March 12, 2003 - Offered by Representatives Hubler and Boyle.

AB144-ASA3,1,10 An Act to repeal 565.01 (6m) (b) and (c) and 565.015; to renumber 565.01 (1); to renumber and amend 14.035, 565.01 (6m) (a) (intro.) and 945.01 (4) (am); to amend 25.75 (1) (b), 79.035 (1), 125.12 (1) (a), 565.01 (4g), 565.01 (4r) (intro.), 565.02 (7), 565.27 (1) (intro.), 565.30 (title), 945.01 (3) (a), 945.01 (5) (am), 945.041 (1), 945.041 (2) and 945.041 (3); and to create 14.035 (2), 14.035 (3), 14.035 (4), 14.035 (5), 20.566 (8) (g), 20.566 (8) (t), 77.51 (4) (c) 1m., 77.51 (15) (c) 1m., 79.037, 565.01 (1c), 565.01 (1g), 565.01 (6c), 565.01 (6m) (bm), 565.08, 565.30 (8), 945.01 (1) (dm), 945.01 (3) (b) 1m. and 945.01 (4) (am) 5. of the statutes; relating to: Indian gaming compacts and licensing and regulating amusement devices under the state lottery and making appropriations.

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

AB144-ASA3, s. 1 Section 1. 14.035 of the statutes is renumbered 14.035 (1) and amended to read:

AB144-ASA3,2,2 14.035 (1) The Subject to subs. (2) to (5), the governor may, on behalf of this state, enter into any compact that has been negotiated under 25 USC 2710 (d).

AB144-ASA3, s. 2 Section 2. 14.035 (2) of the statutes is created to read:

AB144-ASA3,2,10 14.035 (2) The governor may not enter into, amend, extend, or renew any compact negotiated under sub. (1) that authorizes a gaming establishment on lands acquired by the U.S. secretary of the interior in trust for the benefit of an Indian tribe after October 17, 1988, until the governor submits the compact to the legislature and the legislature approves the proposed compact by joint resolution. If the legislature does not approve without change the proposed compact, the compact shall be returned to the governor for renegotiation.

AB144-ASA3, s. 3 Section 3. 14.035 (3) of the statutes is created to read:

AB144-ASA3,2,17 14.035 (3) The governor may not enter into, amend, extend, or renew any compact negotiated under sub. (1) that is for a period longer than 15 years until the governor submits the compact to the legislature and the legislature approves the proposed compact by joint resolution. If the legislature does not approve without change the proposed compact, the compact shall be returned to the governor for renegotiation.

AB144-ASA3, s. 4 Section 4. 14.035 (4) of the statutes is created to read:

AB144-ASA3,2,22 14.035 (4) The governor may not enter into, amend, extend, or renew any compact negotiated under sub. (1) containing terms that in any way condition which gaming activities may be conducted under the compact based on gaming activities that are conducted in Canada.

AB144-ASA3, s. 5 Section 5. 14.035 (5) of the statutes is created to read:

AB144-ASA3,3,6 14.035 (5) The governor may not enter into, amend, extend, or renew any compact negotiated under sub. (1) unless that compact or its amendment requires the American Indian tribe or band to make a good faith effort to enter into an agreement with each local unit of government that provides services relating to the operation of gaming establishments authorized under the compact and that agreement specifies that the tribe or band shall reimburse the local unit of government for costs incurred by the local unit of government in providing such services.

AB144-ASA3, s. 6 Section 6. 20.566 (8) (g) of the statutes is created to read:

AB144-ASA3,3,11 20.566 (8) (g) Licensing and regulation of amusement devices. All moneys received under s. 565.08 (1) (c), to pay the costs incurred by the department of revenue in issuing licenses and regulating the operation of amusement devices under s. 565.08.

AB144-ASA3, s. 7 Section 7. 20.566 (8) (t) of the statutes is created to read:

AB144-ASA3,3,14 20.566 (8) (t) Payment to municipalities. From the lottery fund, a sum sufficient to make the payments under s. 79.037.

AB144-ASA3, s. 8 Section 8. 25.75 (1) (b) of the statutes is amended to read:

AB144-ASA3,3,22 25.75 (1) (b) "Gross lottery revenues" means gross revenues from the sale of lottery tickets and lottery shares under ch. 565, adjusted gross revenues received by the state under s. 565.08 (1) (g), and revenues from the imposition of fees, if any, under s. 565.10 (8) and includes compensation, including bonuses, if any, paid to retailers under s. 565.10 (14), regardless of whether the compensation is deducted by the retailer prior to transmitting lottery ticket and lottery share revenues to the commission.

AB144-ASA3, s. 9 Section 9. 77.51 (4) (c) 1m. of the statutes is created to read:

AB144-ASA3,3,24 77.51 (4) (c) 1m. Adjusted gross receipts, as defined in s. 565.01 (1c).

AB144-ASA3, s. 10 Section 10. 77.51 (15) (c) 1m. of the statutes is created to read:

AB144-ASA3,4,1 77.51 (15) (c) 1m. Adjusted gross receipts, as defined in s. 565.01 (1c).

AB144-ASA3, s. 11 Section 11. 79.035 (1) of the statutes is amended to read:

AB144-ASA3,4,5 79.035 (1) Subject to reductions under s. ss. 79.036 (3) and 79.037, in 2004 and subsequent years, each county and municipality shall receive a payment from the county and municipal aid account in an amount determined under sub. (2).

AB144-ASA3, s. 12 Section 12. 79.037 of the statutes is created to read:

AB144-ASA3,4,17 79.037 Adjusted gross receipts. Beginning with the distribution in 2004, the department of revenue shall reduce the payment from the county and municipal aid account under s. 79.035 to each municipality in which the state collects adjusted gross receipts, as defined in s. 565.01 (1c), by an amount equal to the adjusted gross receipts, as defined in s. 565.01 (1c), that the state collected in the municipality in the fiscal year preceding the fiscal year of the payment under s. 79.035 and shall pay each such municipality from the appropriation under s. 20.566 (8) (t) an amount, to be used solely for the purpose of reducing the property tax levy in the municipality, equal to the adjusted gross receipts, as defined in s. 565.01 (1c), that the state collected in the municipality in the fiscal year preceding the fiscal year of the payment under s. 79.035.

AB144-ASA3, s. 13 Section 13. 125.12 (1) (a) of the statutes is amended to read:

AB144-ASA3,4,21 125.12 (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.

AB144-ASA3, s. 14 Section 14. 565.01 (1) of the statutes is renumbered 565.01 (1dm).

AB144-ASA3, s. 15 Section 15. 565.01 (1c) of the statutes is created to read:

AB144-ASA3,5,2 565.01 (1c) "Adjusted gross receipts" means the total amount paid by cash or check to a person licensed under s. 565.08 (1) (a) for the play of amusement devices licensed under s. 565.08 less the total amount paid by cash or check to the players of the amusement devices for the play of the amusement devices.

AB144-ASA3, s. 16 Section 16. 565.01 (1g) of the statutes is created to read:

AB144-ASA3,5,11 565.01 (1g) "Amusement device" means, before July 1, 2005, 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. Beginning on July 1, 2005, "amusement device" means any on-line 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.

AB144-ASA3, s. 17 Section 17. 565.01 (4g) of the statutes is amended to read:

AB144-ASA3,5,18 565.01 (4g) "On-line services and supplies" means those lottery products and associated services, including computerized transaction processing equipment, computerized retailer vending terminals, and those technologies necessary to maximize lottery revenues and minimize the lottery's total operating costs. The term does not include services related to instant lottery ticket services or the playing of amusement devices licensed under s. 565.08.

AB144-ASA3, s. 18 Section 18. 565.01 (4r) (intro.) of the statutes is amended to read:

AB144-ASA3,5,24 565.01 (4r) (intro.) "Promotional advertising" means advertising which is for the purpose of inducing persons to purchase lottery tickets or lottery shares or play amusement devices licensed under s. 565.08. "Promotional advertising" does not mean advertising which is designed to provide the public with information on any of the following:

AB144-ASA3, s. 19 Section 19. 565.01 (6c) of the statutes is created to read:

AB144-ASA3,6,3 565.01 (6c) "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 licensed under s. 565.08.

AB144-ASA3, s. 20 Section 20. 565.01 (6m) (a) (intro.) of the statutes is renumbered 565.01 (6m) (intro.) and amended to read:

AB144-ASA3,6,6 565.01 (6m) (intro.) "The state lottery" means an all of the following:

AB144-ASA3,6,9 (a) An enterprise, including a multijurisdictional lottery in which the state participates, in which the player, by purchasing a ticket, is entitled to participate in a game of chance in which any of the following applies:

AB144-ASA3, s. 21 Section 21. 565.01 (6m) (b) and (c) of the statutes are repealed.

AB144-ASA3, s. 22 Section 22. 565.01 (6m) (bm) of the statutes is created to read:

AB144-ASA3,6,13 565.01 (6m) (bm) The play and operation of an amusement device licensed under s. 565.08.

AB144-ASA3, s. 23 Section 23. 565.015 of the statutes is repealed.