AB905: Bill Text

AB905, s. 3 Section 3. 15.107 (18) of the statutes is created to read:

AB905,3,21 15.107 (18) Advisory siting commission. (a) There is created an advisory siting commission in the department of administration. The commission shall consist of the following members:

AB905,3,24 1. One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

AB905,4,2 2. Three members who are not employed by any unit of federal, state, or local government, appointed by the governor, one of whom will chair the committee.

AB905,4,4 3. One nonvoting member selected by the Indian tribe, as defined in s. 569.01 (3), that submitted the proposal.

AB905,4,6 (b) Members appointed under par. (a) 2. shall serve 4-year terms and are eligible for reappointment.

AB905,4,10 (c) Members of the advisory siting commission shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. An officer or employee of the state shall be reimbursed by the agency that pays the member's salary. Members shall receive no compensation for their services.

AB905,4,13 (d) The advisory siting commission shall meet on the call of the chairperson. The chairperson shall call for at least one meeting to discuss each proposal that is submitted, and the chairperson may call for other meetings.

AB905, s. 4 Section 4. 569.07 of the statutes is created to read:

AB905,4,15 569.07 Advisory siting commission. (1) In this section:

AB905,4,18 (a) "Affected community" means the county and municipality within whose borders the proposed off-reservation Indian gaming facility described in s. 14.037 (2) would lie.

AB905,4,19 (b) "Municipality" means a city, village, or town.

AB905,4,21 (c) "Off-reservation" means any land that is acquired by the U.S. secretary of the interior in trust for the benefit of an Indian tribe after October 17, 1988.

AB905,5,2 (2) An Indian tribe that has submitted a proposal to the U.S. secretary of the interior for his or her determination may submit the proposal to the advisory siting commission. The bureau of Indian affairs for a tribe also may submit a proposal to the advisory siting commission when the bureau submits the proposal to the governor for his or her approval.

AB905,5,6 (3) After reviewing a proposal submitted under sub. (2), the advisory siting commission, subject to the criteria in subs. (4), (5), and (6), shall recommend to the governor which proposed Indian gaming facilities described in s. 14.037 (2) should be established.

AB905,5,7 (4) The advisory siting commission shall give preference to all of the following:

AB905,5,8 (a) Proposals that are filed by or include a small disadvantaged Indian tribe.

AB905,5,10 (b) Proposals that yield the greatest net economic benefit to the state as measured by Indian gaming receipts.

AB905,5,13 (c) 1. Except as provided in subd. 2., proposals that have the support of a majority of the affected community, as shown by a referendum that occurred after January 1, 1998.

AB905,5,16 2. If the referendum occurs after January 1, 1998, and before the effective date of this subdivision .... [revisor inserts date], proposals in which the governing bodies of the affected community concur in the referendum results.

AB905,5,19 (5) The advisory siting commission may not recommend an Indian gaming facility unless all voting members of the commission designated under s. 15.107 (18) (a) 1. and 2. approve the proposal.

AB905,5,22 (6) The advisory siting commission may not recommend an Indian gaming facility site if the site does not have an agreement, or a process to reach an agreement, in place with the affected community to provide fire, police, and emergency services.

AB905, s. 5 Section 5. Nonstatutory provisions.

AB905,6,2 (1) Notwithstanding section 15.107 (18) (b) of the statutes, as created by this act, the initial members of the advisory siting commission appointed under section 15.107 (18) (a) 2. of the statutes, as created by this act, shall be appointed for the following terms:

AB905,6,3 (a) One member for a term expiring on July 1, 2005.

AB905,6,4 (b) One member for a term expiring on July 1, 2007.

AB905,6,5 (c) One member for a term expiring on July 1, 2009.

AB905, s. 6 Section 6. Initial applicability.

AB905,6,8 (1) This act first applies to decisions made by the governor as described under 25 USC 2719 (b) (1) (A) on the effective date of this subsection.

AB905,6,9 (End)