LRBs0035/1
RAC:cjs:rs
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
1An Act to repeal 565.01 (6m) (b) and (c) and 565.015;
to renumber 565.01 (1);
2to renumber and amend 14.035, 565.01 (6m) (a) (intro.) and 945.01 (4) (am);
3to amend 25.75 (1) (b), 79.035 (1), 125.12 (1) (a), 565.01 (4g), 565.01 (4r) (intro.),
4565.02 (7), 565.27 (1) (intro.), 565.30 (title), 945.01 (3) (a), 945.01 (5) (am),
5945.041 (1), 945.041 (2) and 945.041 (3); and
to create 14.035 (2), 14.035 (3),
614.035 (4), 14.035 (5), 20.566 (8) (g), 20.566 (8) (t), 77.51 (4) (c) 1m., 77.51 (15)
7(c) 1m., 79.037, 565.01 (1c), 565.01 (1g), 565.01 (6c), 565.01 (6m) (bm), 565.08,
8565.30 (8), 945.01 (1) (dm), 945.01 (3) (b) 1m. and 945.01 (4) (am) 5. of the
9statutes;
relating to: Indian gaming compacts and licensing and regulating
10amusement 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
11Section
1. 14.035 of the statutes is renumbered 14.035 (1) and amended to
12read:
AB144-ASA3,2,2
114.035
(1) The Subject to subs. (2) to (5), the governor may, on behalf of this
2state, enter into any compact that has been negotiated under
25 USC 2710 (d).
AB144-ASA3,2,104
14.035
(2) The governor may not enter into, amend, extend, or renew any
5compact negotiated under sub. (1) that authorizes a gaming establishment on lands
6acquired by the U.S. secretary of the interior in trust for the benefit of an Indian tribe
7after October 17, 1988, until the governor submits the compact to the legislature and
8the legislature approves the proposed compact by joint resolution. If the legislature
9does not approve without change the proposed compact, the compact shall be
10returned to the governor for renegotiation.
AB144-ASA3,2,1712
14.035
(3) The governor may not enter into, amend, extend, or renew any
13compact negotiated under sub. (1) that is for a period longer than 15 years until the
14governor submits the compact to the legislature and the legislature approves the
15proposed compact by joint resolution. If the legislature does not approve without
16change the proposed compact, the compact shall be returned to the governor for
17renegotiation.
AB144-ASA3,2,2219
14.035
(4) The governor may not enter into, amend, extend, or renew any
20compact negotiated under sub. (1) containing terms that in any way condition which
21gaming activities may be conducted under the compact based on gaming activities
22that are conducted in Canada.
AB144-ASA3,3,624
14.035
(5) The governor may not enter into, amend, extend, or renew any
25compact negotiated under sub. (1) unless that compact or its amendment requires
1the American Indian tribe or band to make a good faith effort to enter into an
2agreement with each local unit of government that provides services relating to the
3operation of gaming establishments authorized under the compact and that
4agreement specifies that the tribe or band shall reimburse the local unit of
5government for costs incurred by the local unit of government in providing such
6services.
AB144-ASA3,3,118
20.566
(8) (g)
Licensing and regulation of amusement devices. All moneys
9received under s. 565.08 (1) (c), to pay the costs incurred by the department of
10revenue in issuing licenses and regulating the operation of amusement devices
11under s. 565.08.
AB144-ASA3, s. 7
12Section
7. 20.566 (8) (t) of the statutes is created to read:
AB144-ASA3,3,1413
20.566
(8) (t)
Payment to municipalities. From the lottery fund, a sum
14sufficient to make the payments under s. 79.037.
AB144-ASA3,3,2216
25.75
(1) (b) "Gross lottery revenues" means gross revenues from the sale of
17lottery tickets and lottery shares under ch. 565
, adjusted gross revenues received by
18the state under s. 565.08 (1) (g), and revenues from the imposition of fees, if any,
19under s. 565.10 (8) and includes compensation, including bonuses, if any, paid to
20retailers under s. 565.10 (14), regardless of whether the compensation is deducted
21by the retailer prior to transmitting lottery ticket and lottery share revenues to the
22commission.
AB144-ASA3, s. 9
23Section
9. 77.51 (4) (c) 1m. of the statutes is created to read:
AB144-ASA3,3,2424
77.51
(4) (c) 1m. Adjusted gross receipts, as defined in s. 565.01 (1c).
AB144-ASA3, s. 10
25Section
10. 77.51 (15) (c) 1m. of the statutes is created to read:
AB144-ASA3,4,1
177.51
(15) (c) 1m. Adjusted gross receipts, as defined in s. 565.01 (1c).
AB144-ASA3,4,53
79.035
(1) Subject to
reductions under s. ss. 79.036 (3)
and 79.037, in 2004 and
4subsequent years, each county and municipality shall receive a payment from the
5county and municipal aid account in an amount determined under sub. (2).
AB144-ASA3,4,17
779.037 Adjusted gross receipts. Beginning with the distribution in 2004,
8the department of revenue shall reduce the payment from the county and municipal
9aid account under s. 79.035 to each municipality in which the state collects adjusted
10gross receipts, as defined in s. 565.01 (1c), by an amount equal to the adjusted gross
11receipts, as defined in s. 565.01 (1c), that the state collected in the municipality in
12the fiscal year preceding the fiscal year of the payment under s. 79.035 and shall pay
13each such municipality from the appropriation under s. 20.566 (8) (t) an amount, to
14be used solely for the purpose of reducing the property tax levy in the municipality,
15equal to the adjusted gross receipts, as defined in s. 565.01 (1c), that the state
16collected in the municipality in the fiscal year preceding the fiscal year of the
17payment under s. 79.035.
AB144-ASA3,4,2119
125.12
(1) (a) Except as provided in this subsection
and s. 945.041, any
20municipality or the department may revoke, suspend or refuse to renew any license
21or permit under this chapter, as provided in this section.
AB144-ASA3, s. 14
22Section
14. 565.01 (1) of the statutes is renumbered 565.01 (1dm).
AB144-ASA3,5,224
565.01
(1c) "Adjusted gross receipts" means the total amount paid by cash or
25check to a person licensed under s. 565.08 (1) (a) for the play of amusement devices
1licensed under s. 565.08 less the total amount paid by cash or check to the players
2of the amusement devices for the play of the amusement devices.
AB144-ASA3,5,114
565.01
(1g) "Amusement device" means, before July 1, 2005, any video device
5that awards or is capable of awarding a player with one or more redeemable free
6replays or credits for achieving certain scores or results and does not change the ratio
7of plays to free replays or credits so awarded. Beginning on July 1, 2005, "amusement
8device" means any on-line video device that awards or is capable of awarding a
9player with one or more redeemable free replays or credits for achieving certain
10scores or results and does not change the ratio of plays to free replays or credits so
11awarded.
AB144-ASA3,5,1813
565.01
(4g) "On-line services and supplies" means those lottery products and
14associated services, including computerized transaction processing equipment,
15computerized retailer vending terminals, and those technologies necessary to
16maximize lottery revenues and minimize the lottery's total operating costs. The term
17does not include services related to instant lottery ticket services
or the playing of
18amusement devices licensed under s. 565.08.
AB144-ASA3, s. 18
19Section
18. 565.01 (4r) (intro.) of the statutes is amended to read:
AB144-ASA3,5,2420
565.01
(4r) (intro.) "Promotional advertising" means advertising which is for
21the purpose of inducing persons to purchase lottery tickets or lottery shares
or play
22amusement devices licensed under s. 565.08. "Promotional advertising" does not
23mean advertising which is designed to provide the public with information on any
24of the following:
AB144-ASA3,6,3
1565.01
(6c) "Set up for the purpose of play" means operated for the purpose of
2offering a person, for consideration, an opportunity to play an amusement device
3licensed under s. 565.08.
AB144-ASA3, s. 20
4Section
20. 565.01 (6m) (a) (intro.) of the statutes is renumbered 565.01 (6m)
5(intro.) and amended to read:
AB144-ASA3,6,66
565.01
(6m) (intro.) "The state lottery" means
an all of the following:
AB144-ASA3,6,9
7(a) An enterprise, including a multijurisdictional lottery in which the state
8participates, in which the player, by purchasing a ticket, is entitled to participate in
9a game of chance in which any of the following applies:
AB144-ASA3, s. 21
10Section
21. 565.01 (6m) (b) and (c) of the statutes are repealed.
AB144-ASA3,6,1312
565.01
(6m) (bm) The play and operation of an amusement device licensed
13under s. 565.08.
AB144-ASA3,7,916
565.02
(7) Not later than March 1 of each year, the department shall submit
17to the joint committee on finance a report that includes an estimate for that fiscal
18year and for the subsequent fiscal year of the gross revenues from the sale of lottery
19tickets and lottery shares, the total amount paid as
lottery ticket and share prizes
20and the
lottery ticket and share prize payout ratio for each type of lottery game
21offered, and an evaluation of the effect of
lottery ticket and share prize payout ratios
22of lottery games on lottery sales, lottery operating costs and on maximizing the
23revenue available for the lottery and gaming property tax credit. If, within 14
24working days after the date on which the committee receives the report, the
25cochairpersons of the committee notify the department that the committee has
1scheduled a meeting for the purpose of reviewing the department's proposed
lottery
2ticket and share prize payouts, the department may proceed with its plans for the
3lottery ticket and share prize payouts for the subsequent fiscal year only upon
4approval of the plans by the committee. If the cochairpersons of the committee do
5not notify the department within 14 working days after the date on which the
6committee receives the report that the committee has scheduled a meeting for the
7purpose of reviewing the department's proposed
lottery ticket and share prize
8payouts, the department's plans for the
lottery ticket and share prize payouts for the
9subsequent fiscal year are considered approved by the committee.
AB144-ASA3,7,13
11565.08 Licensing and regulation of amusement devices. (1) The
12department shall license all amusement devices that are set up for the purpose of
13play in this state, subject to all of the following conditions: