AB289: Bill Text

AB289,2,8 An Act to amend 13.94 (1) (eg), 14.035 (title), 15.103 (1m), 20.143 (1) (ig) (title), 20.143 (1) (kg), 20.143 (1) (kj) (title), 20.215 (1) (km) (title), 20.380 (1) (kg) (title), 20.445 (1) (kt) (title), 20.445 (7) (kd) (title), 20.455 (2) (g), 20.455 (2) (gc) (title), 20.455 (2) (r), 20.485 (2) (kt) (title), 20.505 (5) (ka), 20.505 (8) (title), 20.505 (8) (h) (title), 20.505 (8) (hm) (intro.), 20.566 (2) (am), 20.566 (2) (r), 20.835 (2) (ka) (title), 20.835 (3) (q) (title), 20.835 (3) (r) (title), 20.835 (3) (s), 20.923 (6) (aL), 25.75 (3) (f) (title), 79.10 (1m) (b), 79.10 (2), 79.10 (5) (title), 79.10 (7m) (b) (title), 79.10 (7r) (a) 1., 79.10 (7r) (a) 2., 79.10 (9) (bm), 79.10 (9) (c) 1., 79.10 (10) (title), 79.10 (10) (a), 79.10 (10) (bm) 1., 79.10 (10) (bm) 2., 79.10 (11) (title), 79.10 (11) (b), 79.10 (11) (c), 79.11 (3) (b), 165.25 (3r), 230.08 (2) (xe), 230.30 (2), 560.137 (title), 560.138 (title), 560.875 (2) (d), 562.01 (1), 562.01 (4m), 562.017 (5), 562.02 (2) (b), 562.025 (1) (intro.), 562.03 (1) (a), 562.045 (intro.), 563.03 (5m), 563.05 (5) (intro.), 563.051 (5), 564.02 (1) (ag), 564.02 (1m) (e), 564.02 (2m) (intro.), 565.01 (6m) (c), 565.02 (7), 565.02 (8) (a), 565.02 (8) (b), 565.02 (8) (c), 565.02 (8) (e), chapter 569 (title), 569.01 (1g), 569.01 (1j), 569.01 (1m) (intro.), 569.01 (1m) (a), 569.01 (1m) (b), 569.01 (1m) (c), 569.01 (1m) (d), 569.01 (2), 569.01 (4), 569.015 (title), 569.015 (1), 569.015 (2), 569.02 (intro.), 569.02 (1), 569.02 (2), 569.02 (3), 569.02 (4), 569.02 (5) (intro.), 569.02 (5) (a), 569.02 (5) (b), 569.03 (title), 569.03 (1), 569.03 (2), 569.03 (3), 569.03 (5), 569.04 (title), 569.04 (1), 569.04 (3), 569.06, 895.055 (title), 895.055 (3), 895.056 (4), 945.05 (1e) (a) 1., 945.05 (1e) (a) 2. and 945.05 (1e) (b) 2. of the statutes; relating to: changing the word gaming to the word gambling.

Analysis by the Legislative Reference Bureau

This bill changes all references to "gaming" in the statutes to "gambling." These changes include changing the name of the Division of Gaming in the Department of Administration to the Division of Gambling.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

AB289, s. 1 Section 1. 13.94 (1) (eg) of the statutes is amended to read:

AB289,2,15 13.94 (1) (eg) Annually conduct a financial audit of the division of gaming gambling in the department of administration and biennially conduct a performance evaluation audit of the division of gaming gambling in the department of administration. The legislative audit bureau shall file a copy of each audit report under this paragraph with the department of justice and with the distributees specified in par. (b).

AB289, s. 2 Section 2. 14.035 (title) of the statutes is amended to read:

AB289,2,18 14.035 (title) Governor may enter into Indian gaming gambling compacts.

AB289, s. 3 Section 3. 15.103 (1m) of the statutes is amended to read:

AB289,3,3 15.103 (1m) Division of gaming Gambling. There is created in the department of administration a division of gaming gambling.

AB289, s. 4 Section 4. 20.143 (1) (ig) (title) of the statutes is amended to read:

AB289,3,6 20.143 (1) (ig) (title) Gaming Gambling economic development and diversification; repayments.

AB289, s. 5 Section 5. 20.143 (1) (kg) of the statutes is amended to read:

AB289,3,19 20.143 (1) (kg) American Indian economic liaison and gaming gambling grants specialist and program marketing. The amounts in the schedule for the American Indian economic liaison program under s. 560.87, other than for grants under s. 560.87 (6), for the salary and fringe benefits of, and related supplies and services for, the gaming gambling grants specialist for the programs under ss. 560.137 and 560.138, and for marketing the programs under ss. 560.137 and 560.138. From this appropriation, the department may expend in each fiscal year no more than $100,000 for marketing the programs under ss. 560.137 and 560.138. All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 6g. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).

AB289, s. 6 Section 6. 20.143 (1) (kj) (title) of the statutes is amended to read:

AB289,3,22 20.143 (1) (kj) (title) Gaming Gambling economic development and diversification; grants and loans.

AB289, s. 7 Section 7. 20.215 (1) (km) (title) of the statutes is amended to read:

AB289,3,24 20.215 (1) (km) (title) State aid for the arts; Indian gaming gambling receipts.

AB289, s. 8 Section 8. 20.380 (1) (kg) (title) of the statutes is amended to read:

AB289,4,1 20.380 (1) (kg) (title) Tourism marketing; gaming gambling revenue.

AB289, s. 9 Section 9. 20.445 (1) (kt) (title) of the statutes is amended to read:

AB289,4,4 20.445 (1) (kt) (title) Transfer of Indian gaming gambling receipts; trade masters pilot program.

AB289, s. 10 Section 10. 20.445 (7) (kd) (title) of the statutes is amended to read:

AB289,4,7 20.445 (7) (kd) (title) Transfer of Indian gaming gambling receipts; work-based learning programs.

AB289, s. 11 Section 11. 20.455 (2) (g) of the statutes is amended to read:

AB289,4,15 20.455 (2) (g) Gaming Gambling law enforcement; racing revenues. From all moneys received under ss. 562.02 (2) (f), 562.04 (1) (b) 4. and (2) (d), 562.05 (2), 562.065 (3) (cm) and (d), (3m) (c) 2. and (4), 562.09 (2) (e) and 562.124 (2), the amounts in the schedule for the performance of the department's gaming gambling law enforcement responsibilities as specified in s. 165.70 (3m). Notwithstanding s. 20.001 (3) (a), the unencumbered balance of this appropriation account at the end of each fiscal year shall be transferred to the lottery fund.

AB289, s. 12 Section 12. 20.455 (2) (gc) (title) of the statutes is amended to read:

AB289,4,18 20.455 (2) (gc) (title) Gaming Gambling law enforcement; Indian gaming gambling.

AB289, s. 13 Section 13. 20.455 (2) (r) of the statutes is amended to read:

AB289,4,22 20.455 (2) (r) Gaming Gambling law enforcement; lottery revenues. From the lottery fund, the amounts in the schedule for the performance of the department's gaming gambling law enforcement responsibilities as specified in s. 165.70 (3m).

AB289, s. 14 Section 14. 20.485 (2) (kt) (title) of the statutes is amended to read:

AB289,4,25 20.485 (2) (kt) (title) Operation of Wisconsin veterans museum; Indian gaming gambling receipts.

AB289, s. 15 Section 15. 20.505 (5) (ka) of the statutes is amended to read:

AB289,5,15 20.505 (5) (ka) Facility operations and maintenance; police and protection functions. The amounts in the schedule for the purpose of financing the costs of operation of state-owned or operated facilities that are not funded from other appropriations, including custodial and maintenance services; minor projects; utilities, fuel, heat and air conditioning; costs incurred under ss.16.858 and 16.895 by or on behalf of the department; and supplementing the costs of operation of child care facilities for children of state employees under s. 16.841; and for police and protection functions under s. 16.84 (2) and (3). All moneys received from state agencies for the operation of such facilities, parking rental fees established under s. 16.843 (2) (bm) and miscellaneous other sources, all moneys received from assessments under s. 16.895, all moneys received for the performance of gaming gambling protection functions under s. 16.84 (3), and all moneys transferred from the appropriation account under s. 20.865 (2) (e) for this purpose shall be credited to this appropriation account.

AB289, s. 16 Section 16. 20.505 (8) (title) of the statutes is amended to read:

AB289,5,17 20.505 (8) (title) Division of gaming Gambling.

AB289, s. 17 Section 17. 20.505 (8) (h) (title) of the statutes is amended to read:

AB289,5,19 20.505 (8) (h) (title) General program operations; Indian gaming gambling.

AB289, s. 18 Section 18. 20.505 (8) (hm) (intro.) of the statutes is amended to read:

AB289,6,3 20.505 (8) (hm) Indian gaming gambling receipts. (intro.) All moneys received as Indian gaming gambling receipts, as defined in s. 569.01 (1m), all moneys transferred under 2001 Wisconsin Act 16, sections 9201 (5mk), 9205 (1mk), 9210 (3mk), 9223 (5mk), 9224 (1mk), 9225 (1mk), 9231 (1mk), 9237 (4mk), 9240 (1mk), 9251 (1mk), 9256 (1mk), 9257 (2mk), and 9258 (2mk), and all moneys that revert to this appropriation account from the appropriation accounts specified in subds. 1c. to 19., less the amounts appropriated under par. (h) and s. 20.455 (2) (gc), for the purpose of annually transferring the following amounts:

AB289, s. 19 Section 19. 20.566 (2) (am) of the statutes is amended to read:

AB289,6,8 20.566 (2) (am) Lottery and gaming gambling credit administration. The amounts in the schedule for the administration of the lottery and gaming gambling credit. No moneys may be encumbered or expended from this appropriation account after the day of publication of the 2001-03 biennial budget act.

AB289, s. 20 Section 20. 20.566 (2) (r) of the statutes is amended to read:

AB289,6,12 20.566 (2) (r) Lottery and gaming gambling credit administration. From the lottery fund, the amounts in the schedule for the administration of the lottery and gaming gambling credit.

AB289, s. 21 Section 21. 20.835 (2) (ka) (title) of the statutes is amended to read:

AB289,6,15 20.835 (2) (ka) (title) Farmland tax relief credit; Indian gaming gambling receipts.

AB289, s. 22 Section 22. 20.835 (3) (q) (title) of the statutes is amended to read:

AB289,6,17 20.835 (3) (q) (title) Lottery and gaming gambling credit.

AB289, s. 23 Section 23. 20.835 (3) (r) (title) of the statutes is amended to read:

AB289,6,19 20.835 (3) (r) (title) Lottery and gaming gambling credit certification.

AB289, s. 24 Section 24. 20.835 (3) (s) of the statutes is amended to read:

AB289,6,23 20.835 (3) (s) Lottery and gaming gambling credit; late applications. From the lottery fund, a sum sufficient to make payments for the lottery and gaming gambling credit under s. 79.10 (10) (bm) and (bn).

AB289, s. 25 Section 25. 20.923 (6) (aL) of the statutes is amended to read:

AB289,7,2 20.923 (6) (aL) Administration, department of: director of Indian gaming gambling, and the attorney appointed under s. 569.015 (2).

AB289, s. 26 Section 26. 25.75 (3) (f) (title) of the statutes is amended to read:

AB289,7,4 25.75 (3) (f) (title) Lottery and gaming gambling credit certification.

AB289, s. 27 Section 27. 79.10 (1m) (b) of the statutes is amended to read:

AB289,7,8 79.10 (1m) (b) Counties and municipalities shall submit to the department of revenue all data related to the lottery and gaming gambling credit and requested by the department of revenue.

AB289, s. 28 Section 28. 79.10 (2) of the statutes is amended to read:

AB289,7,17 79.10 (2) Notice to municipalities. On or before December 1 of the year preceding the distribution under sub. (7m) (a), the department of revenue shall notify the clerk of each town, village and city of the estimated fair market value, as determined under sub. (11), to be used to calculate the lottery and gaming gambling credit under sub. (5) and of the amount to be distributed to it under sub. (7m) (a) on the following 4th Monday in July. The anticipated receipt of such distribution shall not be taken into consideration in determining the tax rate of the municipality but shall be applied as tax credits.

AB289, s. 29 Section 29. 79.10 (5) (title) of the statutes is amended to read:

AB289,7,19 79.10 (5) (title) Lottery and gaming gambling credit.

AB289, s. 30 Section 30. 79.10 (7m) (b) (title) of the statutes is amended to read:

AB289,7,21 79.10 (7m) (b) (title) Lottery and gaming gambling credit.

AB289, s. 31 Section 31. 79.10 (7r) (a) 1. of the statutes is amended to read:

AB289,8,2 79.10 (7r) (a) 1. A county or city that performs the certification procedure under sub. (10) (a) shall receive, from the appropriation under s. 20.835 (3) (r), 70 cents for each lottery and gaming gambling credit certified for a principal dwelling located in that county or city.

AB289, s. 32 Section 32. 79.10 (7r) (a) 2. of the statutes is amended to read:

AB289,8,9 79.10 (7r) (a) 2. A county or a city that performs a certification procedure that is approved by the department of revenue under sub. (10) (e) shall receive, from the appropriation under s. 20.835 (3) (r), the lesser of 70 cents for each lottery and gaming gambling credit certified for a principal dwelling located in that county or city or the actual costs of identifying a principal dwelling located in that county or city.

AB289, s. 33 Section 33. 79.10 (9) (bm) of the statutes is amended to read:

AB289,8,15 79.10 (9) (bm) Lottery and gaming gambling credit. Except as provided in ss. 79.175 and 79.18, a lottery and gaming gambling credit shall be allocated to every principal dwelling for which a credit is claimed under sub. (10) in an amount determined by multiplying the estimated fair market value of the principal dwelling, not exceeding the value determined under sub. (11), by the school tax rate.

AB289, s. 34 Section 34. 79.10 (9) (c) 1. of the statutes is amended to read:

AB289,8,20 79.10 (9) (c) 1. The lottery and gaming gambling credit under par. (bm) shall reduce the property taxes otherwise payable on property that is eligible for that credit and if the property owner completes the information required under sub. (10) (a) or (b).

AB289, s. 35 Section 35. 79.10 (10) (title) of the statutes is amended to read:

AB289,8,22 79.10 (10) (title) Claiming the lottery and gaming gambling credit.

AB289, s. 36 Section 36. 79.10 (10) (a) of the statutes is amended to read:

AB289,9,12 79.10 (10) (a) Beginning with property taxes levied in 1999, the owner of a principal dwelling may claim the credit under sub. (9) (bm) by applying for the credit on a form prescribed by the department of revenue. A claimant shall attest that, as of the certification date, the claimant is an owner of property and that such property is used by the owner in the manner specified under sub. (1) (dm). The certification date is January 1 of the year in which the property taxes are levied. The claimant shall file the application for the lottery and gaming gambling credit with the treasurer of the county in which the property is located or, if the property is located in a city that collects taxes under s. 74.87, with the treasurer of the city in which the property is located. Subject to review by the department of revenue, a treasurer who receives a completed application shall direct that the property described in the application be identified on the next tax roll as property for which the owner is entitled to receive a lottery and gaming gambling credit. A claim that is made under this paragraph is valid for 5 years.

AB289, s. 37 Section 37. 79.10 (10) (bm) 1. of the statutes is amended to read:

AB289,9,23 79.10 (10) (bm) 1. A person who is eligible for a credit under sub. (9) (bm) but whose property tax bill does not reflect the credit may claim the credit by applying to the treasurer of the taxation district in which the property is located for the credit under par. (a) by January 31 following the issuance of the person's property tax bill. The treasurer shall compute the amount of the credit; subtract the amount of the credit from the person's property tax bill; notify the person of the reduced amount of the property taxes due; issue a refund to the person if the person has paid the property taxes in full; and enter the person's property on the next tax roll as property that qualifies for a lottery and gaming gambling credit. Claims made under this subdivision become invalid when claims made under par. (a) become invalid.

AB289, s. 38 Section 38. 79.10 (10) (bm) 2. of the statutes is amended to read:

AB289,10,11 79.10 (10) (bm) 2. A person who may apply for a credit under subd. 1. but who does not timely apply for the credit under subd. 1. may apply to the department of revenue no later than October 1 following the issuance of the person's property tax bill. Subject to review by the department, the department shall compute the amount of the credit; issue a check to the person in the amount of the credit; and notify the treasurer of the county in which the person's property is located or the treasurer of the taxation district in which the person's property is located, if the taxation district collects taxes under s. 74.87. The treasurer shall enter the person's property on the next tax roll as property that qualifies for a lottery and gaming gambling credit. Claims made under this subdivision become invalid when claims made under par. (a) become invalid.

AB289, s. 39 Section 39. 79.10 (11) (title) of the statutes is amended to read:

AB289,10,14 79.10 (11) (title) Lottery and gaming gambling credit estimated fair market value.

AB289, s. 40 Section 40. 79.10 (11) (b) of the statutes is amended to read:

AB289,11,4 79.10 (11) (b) Before October 16, the department of administration shall determine the total funds available for distribution under the lottery and gaming gambling credit in the following year and shall inform the joint committee on finance of that total. Total funds available for distribution shall be all moneys projected to be transferred to the lottery fund under ss. 20.455 (2) (g) and 20.505 (8) (am), (g) and (jm) and all existing and projected lottery proceeds and interest for the fiscal year of the distribution, less the amount estimated to be expended under ss. 20.455 (2) (r), 20.566 (2) (r) and 20.835 (2) (q) and (3) (r) and less the required reserve under s. 20.003 (5). The joint committee on finance may revise the total amount to be distributed if it does so at a meeting that takes place before November 1. If the joint committee on finance does not schedule a meeting to take place before November 1, the total determined by the department of administration shall be the total amount estimated to be distributed under the lottery and gaming gambling credit in the following year.

AB289, s. 41 Section 41. 79.10 (11) (c) of the statutes is amended to read:

AB289,11,11 79.10 (11) (c) Before November 1, the department of administration shall inform the department of revenue of the total amount available for distribution under the lottery and gaming gambling credit in the following year. Before December 1, the department of revenue shall calculate, to the nearest $100, the estimated fair market value necessary to distribute the total amount available for distribution under the lottery and gaming gambling credit in the following year.