Assembly: Authorize DOA to sell any state-owned water purification or wastewater treatment plant if the Department determines that the sale is appropriate. Provide that such sales may be on the basis of public bids, with DOA retaining the right to reject any bids, or on the basis of negotiated prices.
Require that, when a facility is sold, the Department deposit the net proceeds in the fund or funds from which the acquisition, construction or repair of a plant was financed, or was to be financed had the state retained ownership, except that, if there is any outstanding public debt associated with the acquisition, construction or repair of the plant, DOA shall first deposit a sufficient amount of the net proceeds into the Building Commission's bond security and redemption fund to repay the principal and interest on the remaining debt, and any premium due upon refunding of the debt.
Also, create a session law requirement for DOA to conduct a study of the feasibility and desirability of selling, leasing or forming public-private partnerships to operate the water purification and wastewater treatment plants owned by the state. Require that the report include options available to the state with respect to such sale, leasing or operational agreements and direct that the study be submitted to the Legislature no later than December 31, 2000.
Conference Committee/Legislature: Provide only for a session law requirement for DOA to study the feasibility and desirability of selling, leasing or forming public-private partnerships to operate the water purification and wastewater treatment plants owned by the state. Require that the report include options available to the state with respect to such sale, leasing or operational agreements and direct that the study be submitted to the Legislature no later than December 31, 2000.
[Act 9 Section: 9101(20m)]
Division of Gaming
1. TRIBAL GAMING REVENUE ALLOCATIONS [LFB Papers 157 thru 175]
PR-REV
1998-99 $172,500
1999-00 21,538,700
2000-01 24,025,000
Total $45,736,200
Governor: Create a program revenue appropriation to receive all state receipts relating to Indian gaming, less the amounts appropriated to DOA for general program operations relating to Indian gaming and the Department of Justice for Indian gaming law enforcement. Modify the statutory definition of "Indian gaming receipts" to include monies received by the state from Indian tribes pursuant to an Indian gaming compact, except monies received as direct reimbursements to the Department of Justice. Allocate, from the newly-created appropriation, $20,605,700 PR in 1999-00 and $22,134,400 PR in 2000-01 for a variety of purposes (not including regulation and enforcement). The revenue derives primarily from tribal gaming revenue provided to the state under state-tribal gaming compact amendments. Under the recently signed compact amendments, each tribe will make additional annual payments to the state, not required under the original compacts, over a five-year period. The amounts vary by tribe and reflect the variation in total net revenue among the tribes. Revenue provided to the state is estimated to total $21.5 million in 1999-00 and $24.0 million in 2000-01. The following table shows state revenue for fiscal years 1998-99 through 2003-04.
Tribe or Band 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04
Bad River 1 $172,500 $230,000 $230,000 $230,000 $230,000 $57,500
Ho-Chunk 0 6,500,000 7,500,000 7,500,000 8,000,000 8,000,000
Lac Courte Oreilles 2 0 420,000 420,000 420,000 420,000 420,000
Lac du Flambeau 3 0 0 738,900 738,900 738,900 738,900
Menominee 2, 3 0 0 747,371 747,371 747,371 747,371
Oneida 4 0 4,850,000 4,850,000 4,850,000 4,850,000 4,850,000
Potawatomi 0 6,375,000 6,375,000 6,375,000 6,375,000 6,375,000
Red Cliff 5 0 64,685 64,685 64,685 64,685 64,685
Sokaogon 2 0 258,000 258,000 258,000 258,000 258,000
St. Croix 0 2,191,000 2,191,000 2,191,000 2,191,000 2,191,000
Stockbridge-Munsee 0 650,000 650,000 650,000 650,000 650,000
Total $172,500 $21,538,685 $24,024,956 $24,024,956 $24,524,956 $24,352,456
1 Bad River Band makes quarterly payments instead of annual payments; based on the compact's term, three quarterly payments will be made in 1998-99 and one quarterly payment will be made in 2003-04.
2 The Lac Courte Oreilles, Menominee and Sokaogon agreements contain an escalator payment clause that provides for an additional 1% payment to the state ($4,200 for the Lac Courte Oreilles, $7,473 for the Menominee and $2,580 for the Sokaogon) for each 1% increase in net win in the base year for which the payment applies as compared to the net win in the immediately preceding base year.
3 The Lac du Flambeau and Menominee make their final annual payments under the current compact amendments in 2004-05.
4 The Oneida agreement specifies a total annual payment to the state of $5,400,000, adjusted by a reduction of $550,000 in direct recognition of existing municipal service agreements (for a net payment of $4,850,000).
5 The Red Cliff agreement includes a provision that, if net revenue is less than $3,000,000 for any one-year period, the tribe may petition the state to reduce its payment.
Eight of the 11 amended agreements contain government-to-government memoranda of understanding (MOU) relating to the use of the additional payments. While the MOU have some significant differences, their most important common element is a provision that the Governor must undertake his best efforts, within the scope of his authority, to assure that monies paid to the state under the agreements are expended for specific purposes. In most of the MOU, the specified purposes include: (a) economic development initiatives to benefit tribes and/or American Indians within Wisconsin; (b) economic development initiatives in regions around casinos; (c) promotion of tourism within the state; and (d) support of programs and services of the county in which the tribe is located. Several of the MOU add a fifth purpose relating to either law enforcement or public safety initiatives on the reservations.
The executive budget summary terms the Governor's allocation package the "Native American Gaming Initiative." The initiative would allocate tribal gaming revenues to 14 state agencies in 31 program areas. These allocations are listed in the following table. Each item is also summarized in greater detail, including any modifications to position authority, under the respective agency summaries.
In two instances (items 25 and 30), one-time funding is provided under the bill. In one instance (item 28), the appropriation structure for the use of the tribal gaming revenue would be established, but no tribal gaming funding would be provided in the 1999-01 biennium. For one provision (Item 7), a technical modification to the bill is required because funding for this purpose is not reflected in the DHFS budget. Finally, in some areas, the tribal gaming revenue would supplant or otherwise affect, in whole or in part, existing funding. These instances are explained in the footnotes to the table.
Tribal Gaming Revenue Allocations -- Governor
Program Revenue
Department 1999-00 2000-01 Purpose
1. Administration --
Office of Justice Assistance $200,000 $600,000 Tribal law enforcement assistance grant program.
2. Arts Board 25,200 25,200 Grants-in-aid to, or contracts with, American Indian individuals or groups for services furthering the development of the arts and humanities.
3. Commerce 2,500,000 3,000,000 Gaming economic development grants and loans, including grants to Brown County to support construction of a new arena.
4. Commerce 0 2,500,000 Gaming economic diversification grants and loans
5. Commerce 1 388,700 388,700 Physician Loan Assistance Program (PLAP), Health Care Provider Loan Assistance Program (HCPLAP) and a related contract.
6. Commerce 1 100,700 100,700 Native American liaison, economic development liaison and technical assistance grants.
7. Health and Family Services 2,055,000 2,115,000 Tribal MA outreach positions, matching funds for federally qualified health centers and a contingency fund for BadgerCare premiums of Native American Families.
8. Health and Family Services 1 920,000 920,000 Health services: tribal medical relief block grants ($800,000 PR annually) and cooperative American Indian health projects ($120,000 PR annually).
9. Health and Family Services 1 771,600 771,600 Social services: Indian substance abuse prevention education ($500,000 PR annually) and Indian Aids ($271,600 PR annually).
10. Health and Family Services 2 250,000 250,000 Compulsive gambling awareness campaign grants.
11. Higher Education Aids Board 1 779,800 779,800 Indian student assistance grant program for Native American undergraduate or graduate students.
Program Revenue
Department 1999-00 2000-01 Purpose
12. Higher Education Aids Board $400,000 $400,000 Wisconsin Higher Education Grant (WHEG) program for tribal college students.
13. Historical Society 1 170,100 170,100 Operation of Northern Great Lakes Center as an historic site.
14. Justice 3 758,900 758,900 County-tribal law enforcement programs: local assistance ($708,400 annually) and state operations ($50,500 annually).
15. Justice 81,100 93,700 Indian law unit for Indian-related litigation.
16. Natural Resources 4 2,000,000 2,000,000 Transfer to the fish and wildlife account of the conservation fund.
17. Natural Resources 1,000,000 1,000,000 Nonpoint program cost-share grants to landowners.
18. Natural Resources 5 669,000 619,000 Snowmobile enforcement program.
19. Natural Resources 1 120,000 120,000 Nonpoint grants and local assistance to the Oneida Nation.
20. Natural Resources 1 109,700 109,700 Management of state fishery resources in off-reservation areas where tribes have treaty-based rights to fish.
21. Natural Resources 0 250,000 Management of an elk reintroduction program.
22. Natural Resources 6 100,000 100,000 Payment to the Lac du Flambeau Band relating to certain fishing and sports licenses.
