LRB-2227/1
RAC:kmg:pg
2003 - 2004 LEGISLATURE
March 10, 2003 - Introduced by Senators Welch, S. Fitzgerald, Panzer, Brown,
Lazich, Roessler, Kanavas, Ellis, Darling, A. Lasee, Harsdorf, Kedzie, Stepp,
Leibham, Reynolds, Cowles
and Schultz, cosponsored by Representatives J.
Fitzgerald, Krawczyk, Kestell, Hundertmark, F. Lasee, Gunderson, M.
Williams, D. Meyer, Huebsch, Ladwig, LeMahieu, Suder, Lothian, Nischke,
Freese, Vrakas, Underheim, Kreibich, Hahn, Owens, Ainsworth, Jensen,
Vukmir, Ott, Jeskewitz, Van Roy, J. Wood, Rhoades
and Gundrum. Referred
to Committee on Homeland Security, Veterans and Military Affairs and
Government Reform.
SB62,1,2 1An Act to renumber and amend 14.035; and to create 14.035 (2), 14.035 (3)
2and 14.035 (4) of the statutes; relating to: Indian gaming compacts.
Analysis by the Legislative Reference Bureau
Currently, the governor, on behalf of the state, is authorized to negotiate and
enter into gaming compacts to regulate the operation of Indian gaming facilities.
These compacts are governed by the federal Indian Gaming Regulatory Act (IGRA)
and provide for locating gaming establishments on Indian lands that existed on or
before the enactment date of IGRA, which was October 17, 1988, and Indian lands
acquired by the U.S. secretary of the interior in trust for the benefit of an Indian tribe
after October 17, 1988. This bill prohibits the governor from entering into,
amending, extending, or renewing any compact containing terms that:
1. Authorize 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 legislature approves the proposed compact by joint resolution.
2. Are for a period longer than ten years, with a renewal provision of more than
five years, if any, until the legislature approves the proposed compact by joint
resolution.
3. In any way condition which gaming activities may be conducted under the
compact based on gaming activities that are conducted in Canada.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB62, s. 1
1Section 1. 14.035 of the statutes is renumbered 14.035 (1) and amended to
2read:
SB62,2,43 14.035 (1) The Subject to subs. (2) to (4), the governor may, on behalf of this
4state, enter into any compact that has been negotiated under 25 USC 2710 (d).
SB62, s. 2 5Section 2. 14.035 (2) of the statutes is created to read:
SB62,2,126 14.035 (2) The governor may not enter into, amend, extend, or renew any
7compact negotiated under sub. (1) that authorizes a gaming establishment on lands
8acquired by the U.S. secretary of the interior in trust for the benefit of an Indian tribe
9after October 17, 1988, until the governor submits the compact to the legislature and
10the legislature approves the proposed compact by joint resolution. If the legislature
11does not approve without change the proposed compact, the compact shall be
12returned to the governor for renegotiation.
SB62, s. 3 13Section 3. 14.035 (3) of the statutes is created to read:
SB62,2,1914 14.035 (3) The governor may not enter into, amend, extend, or renew any
15compact negotiated under sub. (1) that is for a period longer than 10 years, with a
16renewal provision of more than 5 years, if any, until the governor submits the
17compact to the legislature and the legislature approves the proposed compact by joint
18resolution. If the legislature does not approve without change the proposed compact,
19the compact shall be returned to the governor for renegotiation.
SB62, s. 4 20Section 4. 14.035 (4) of the statutes is created to read:
SB62,2,2421 14.035 (4) The governor may not enter into, amend, extend, or renew any
22compact negotiated under sub. (1) containing terms that in any way condition which
23gaming activities may be conducted under the compact based on gaming activities
24that are conducted in Canada.
SB62,2,2525 (End)
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