562.02(2)(a)
(a) Employ the staff it deems necessary to administer this chapter, including but not limited to any chemist and veterinarian. The board may not contract for the services of any veterinarian or chemist unless the veterinarian or chemist has not had a conflict of interest under
s. 562.025 (2) at any time during the 12 months immediately preceding the date on which the contract for such services is entered into.
562.02(2)(b)
(b) Require a fidelity bond for the administrator and any other employe of the racing division or may purchase a bond which covers the administrator and all other employes of the racing division or designated employes of the racing division.
562.02(2)(c)
(c) Conduct investigations and inquiries and subpoena any information, document or record which it deems necessary to carry out its duties.
562.02(2)(d)
(d) Without a warrant, inspect any racetrack and examine any book or other record of a licensee subject to the rules promulgated under
sub. (1) (h).
562.02(2)(e)1.
1. Has been convicted of a violation of a law of this or another state or of the United States related to racing or other forms of gambling or to the mistreatment of animals;
562.02(2)(e)2.
2. Has had a license which was issued under
s. 562.05 or under the laws related to racing of any other state suspended, revoked or denied; or
562.02(2)(e)3.
3. Is determined by the board to be a threat to the integrity of racing in this state.
562.02(2)(f)
(f) Suspend or revoke any license or impose a forfeiture for any violation of this chapter or board rules. The board may suspend or revoke an occupational license issued under
s. 562.05 (1) (d) or impose a forfeiture on that licensee under this paragraph if the stewards do not hold a meeting under
s. 562.04 (1) (b) or hold a meeting but do not suspend the license or impose a forfeiture. Upon appeal, the board may change any action of the stewards under
s. 562.04 (1) (b). Fifty percent of the moneys received under this paragraph shall be deposited in the appropriations under
ss. 20.197 (1) (g) and
20.455 (2) (g).
562.02(2)(fm)
(fm) Contract with the department of agriculture, trade and consumer protection for any services related to the duties of the board in ensuring the security and humane treatment of animals.
562.02(2)(g)
(g) Create a 5-member advisory council, with members representing the racing industry and occupations licensed under
s. 562.05 (1) (d), to advise the board on the administration of its powers and duties under this chapter. No member of that council may be reimbursed for any expense incurred in the performance of his or her duties or for any service as a member of that advisory council.
562.02(2)(h)
(h) Inspect and conduct investigations of facilities in this state used for breeding or training animals for racing, for the purpose of obtaining compliance with laws relating to the humane treatment of animals.
562.02(4)
(4) Except as provided under
s. 562.05 (2m), the board shall issue a license under
s. 562.05 (1) (a) to any person who satisfies the requirements of this chapter for such a license.
562.025
562.025
Conflicts of interest. 562.025(1)
(1) No board member or employe and no member of a board member's or employe's immediate family, as defined in
s. 19.42 (7), may, while that board member or employe is serving as a board member or employe or for 2 years following the termination of the membership or employment of that board member or employe, do any of the following:
562.025(1)(a)
(a) Hold a license or be employed by, or have any direct or indirect interest in, any corporation, partnership, limited liability company or association which holds such a license.
562.025(1)(b)
(b) Be employed by or have any direct or indirect interest in any corporation, association, limited liability company or partnership which holds any contract, including but not limited to a concession contract, to supply goods or services to any licensee or at the location of any race.
562.025(1)(c)
(c) Own, wholly or in part, or have any other interest in any animal which is entered in any race.
562.025(1)(e)
(e) Accept or agree to accept money or anything of value from anyone who holds a license or who is regulated by or holds any contract to supply goods or services to the board.
562.025(2)
(2) No person under contract with the board and no employe of any person under contract with the board, other than a vendor or an employe of a vendor as defined in
s. 565.01 (7), may do any of the following:
562.025(2)(a)
(a) Hold any license, except a license covering the professional services being provided to the board, or be employed by or have any direct or indirect interest in any corporation, partnership, limited liability company or association which holds a license.
562.025(2)(b)
(b) Have any direct or indirect interest in or be employed by any person who has any direct or indirect interest in any corporation, association, limited liability company or partnership which holds any contract, including but not limited to a concession contract, to supply goods or services to any licensee or at the location of any race.
562.025(2)(c)
(c) Own, wholly or in part, or have any other interest in any animal which is entered in any race.
562.025(2)(e)
(e) Accept or agree to accept money or anything of value from any person who holds a license or who is regulated by the board or holds any contract to supply goods or services to the board other than the contract under which the person provides professional services.
562.03(1)(a)(a) The board shall appoint the administrator after a nationwide search for persons with experience in public gaming management and regulation and with knowledge of animal racing and pari-mutuel wagering.
562.03(1)(b)
(b) Before appointing an administrator, the board shall, with the assistance of the department of justice, conduct a background investigation of the proposed administrator. The board shall require the proposed administrator to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining any record of his or her criminal arrests and convictions.
562.03(2)
(2) The administrator may employ or provide by contract for the services of stewards, subject to the approval of the board. Any steward under a contract under this subsection shall be under a contract with the board.
562.03(3)(a)(a) The board may employ the staff it considers necessary to administer this chapter.
562.03(3)(b)
(b) Before making an appointment under
par. (a) and
sub. (4), the board shall conduct a background investigation of the proposed employe and shall require that proposed employe to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining any record of his or her criminal arrests and convictions.
562.03(4)
(4) The administrator shall appoint and supervise a chief steward.
562.04
562.04
Racing officials. 562.04(1)(a)(a) Three stewards shall preside over races conducted at a racetrack not at a fair. At least 2 of those stewards shall be employes of the board or providing services to the board under a professional services contract. The rate of compensation of stewards serving under contract to the board shall be commensurate with the rate of compensation established for stewards employed by the board, but less than the rate established for the chief steward. Stewards presiding over a racetrack shall do all of the following:
562.04(1)(a)1.
1. Ensure that races are conducted under the rules of the board.
562.04(1)(a)2.
2. Supervise racing and the racetrack to ensure the integrity of races.
562.04(1)(b)
(b) If one or more stewards have reasonable cause to believe that a person holding a license under
s. 562.05 (1) (d) has violated this chapter or rules of the board or engaged in any other conduct which in the opinion of the stewards adversely affects the integrity of racing, the following procedures apply:
562.04(1)(b)1.
1. The 3 stewards shall meet within 3 working days after any one of them has reasonable cause to believe that the alleged violation or conduct occurred.
562.04(1)(b)2.
2. The stewards shall notify the licensee of the time, date and location of the meeting, the specific conduct constituting the alleged offense and the right of the licensee to be present at the meeting, to address stewards at the meeting and to have counsel or an observer of the licensee's choosing present at the meeting.
562.04(1)(b)4.
4. If at least 2 stewards determine that the violation or conduct has occurred, the stewards may, under the schedule established by the board under
s. 562.02 (1) (f), suspend a license issued under
s. 562.05 (1) (d) for a period not to exceed 90 days or impose a forfeiture not to exceed $2,000 or both; or recommend that the board suspend a license for more than 90 days or impose a forfeiture exceeding $2,000 or both. Fifty percent of the moneys received under this subdivision shall be deposited in the appropriations under
ss. 20.197 (1) (g) and
20.455 (2) (g).
562.04(1)(b)5.
5. After the meeting under
subd. 1., the stewards shall submit, in writing, all findings and conclusions from that meeting to the licensee and the board, including the sanctions, if any, imposed by the stewards and shall provide the licensee who is the subject of the meeting with a notice of his or her right to appeal the decision under
subd. 6. Within 7 days after receiving the decision, the licensee shall pay any forfeitures imposed by the stewards, regardless of whether the decision is appealed or stayed under
subd. 6.
562.04(1)(b)6.
6. Any person adversely affected by a decision issued under
subd. 4. may appeal that decision to the board. The appeal shall be filed with the board within 7 days after receipt of that written decision. An appeal does not automatically stay the decision of the stewards. Any person may request that the administrator stay that decision pending the decision of the board on the appeal. If the administrator receives such a request and determines that the stay will not adversely affect public safety or welfare or the safety or welfare of an animal, the administrator shall order the stay. The procedure for the appeal under this subdivision is under
ch. 227. If part or all of any forfeiture imposed under
subd. 5. is refunded to the licensee under this subdivision, the refund shall include interest calculated at the rate of 9% per year on that amount. The decision of the board on the appeal shall be the final administrative decision on any action of the stewards under
subd. 4.
562.04(2)
(2) Other racing officials. The board shall, by rule, specify all of the following:
562.04(2)(a)
(a) Racing officials, in addition to stewards, required for races conducted at a racetrack not at a fair.
562.04(2)(b)
(b) All racing officials, including stewards, required for races conducted under a license issued under
s. 562.05 (1) (c).
562.04(2)(c)
(c) Qualifications for stewards serving under
sub. (1) and for other racing officials serving under
pars. (a) and
(b).
562.04(2)(d)
(d) A fee for the supervision of racing by stewards or other racing officials employed by or under contract with the board. Any moneys received under this paragraph shall be deposited in the appropriations under
ss. 20.197 (1) (g) and
20.455 (2) (g).
562.045
562.045
Qualifications of administrator, other employes and stewards. Notwithstanding
s. 111.321, no person may serve as an administrator or other employe of the racing division or as a steward employed by the board or under contract with the board if any of the following apply:
562.045(1)
(1) The person has been convicted in a state or federal court of a felony, other than a felony conviction for an offense under
subs. (3) to
(6), for which he or she has not been pardoned under which his or her full civil rights are restored.
562.045(2)
(2) The person has been charged with the violation of a state or federal law which is a felony if that charge has not been dismissed or settled in any other way.
562.045(3)
(3) The person has been convicted of fraud or misrepresentation in connection with racing or animal breeding.
562.045(4)
(4) The person has been convicted of a violation of any law of this or another state or of the United States related to racing, pari-mutuel wagering or any other form of gambling.
562.045(5)
(5) The person has been convicted of a violation of any law of this or another state or of the United States related to the humane treatment of animals.
562.045(6)
(6) The person has knowingly violated a rule or order of the board or any provision of this chapter,
s. 182.020 or
ch. 945.
562.05(1)(1) No person may engage in any of the following activities without a valid annual license issued by the board:
562.05(1)(a)
(a) The ownership and operation of a racetrack at which pari-mutuel wagering is conducted.
562.05(1)(b)
(b) The sponsorship and management of any race on which pari-mutuel wagering is conducted and which is not located at a fair.
562.05(1)(c)
(c) The sponsorship and management of any horse race on which pari-mutuel wagering is conducted and which is located at a fair.
562.05(1b)
(1b) The board shall approve and conduct an examination to be administered to all applicants for a license under
sub. (1) (d) to be a horse trainer. No license may be issued under
sub. (1) (d) to a horse trainer unless the board determines that the applicant for the license is qualified as evidenced by the applicant's performance on the examination conducted under this subsection.
562.05(1g)
(1g) A license issued under
sub. (1) (a) may authorize the ownership and operation of a racetrack where horse racing is conducted, the ownership and operation of a racetrack not at a fair where dog racing is conducted or the ownership and operation of a racetrack not at a fair where both horse racing and dog racing are conducted. A license issued under
sub. (1) (b) may authorize the sponsorship and management of horse races or dog races, or both horse races and dog races, at the same location.
562.05(1m)
(1m) The board may not issue a license under
sub. (1) (a) to
(c) except after a public hearing.
562.05(2)
(2) The board shall establish, by rule, the qualifications for any license required under
sub. (1) and fix the fee for that license and any background investigation under
sub. (7) related to that license. Any moneys received under this subsection shall be deposited in the appropriations under
ss. 20.197 (1) (g) and
20.455 (2) (g).
562.05(2m)
(2m) In issuing a license to own and operate a racetrack not at a fair, the board shall consider the competitive effects on any other licensee under
sub. (1) (a) or
(b). These competitive effects shall include, but not be restricted to, the impact on the economic viability of existing licensed racetracks and the jobs that have been created by such licensed racetracks.
562.05(3)
(3) No person may hold more than one license issued under
sub. (1) (a) and one license issued under
sub. (1) (b) or
(c). If the applicant for any of those licenses is a corporation, association, limited liability company or partnership, the board shall determine whether the applicant is the same person as another licensee for the purpose of applying this subsection. Nothing in this subsection prohibits any person with a license under
sub. (1) from contracting for services with any other person with a license under
sub. (1), subject to any rules promulgated by the board.
562.05(3m)
(3m) The board may not accept an application for a license for a race under
sub. (1) (c) unless the county board of the county in which that race will be conducted has approved the applicant's sponsorship and management of that race.
562.05(3r)
(3r) The application for the first license under
sub. (1) (a) to be issued for any location shall be accompanied by a resolution, supporting the proposed location of the racetrack and its ownership and operation by the applicant, which has been adopted, after a public hearing, by the governing body of the city, village or town where the racetrack is proposed to be located. A common council may not adopt such a resolution if an ordinance prohibiting the location of a racetrack at the proposed location has been adopted under
s. 9.20 before May 3, 1988, or a petition for such an ordinance has been filed, under
s. 9.20, before May 3, 1988. Except as provided in this subsection, no ordinance adopted under
s. 9.20 or
66.01 may prohibit the location of a racetrack in any city or village.
562.05(3w)
(3w) Except as provided under
subs. (3) to
(3r), the board may issue a license under
sub. (1) (a) if the board determines that all of the following conditions are met:
562.05(3w)(a)
(a) At least 51% of the ownership interest in the racetrack is held by residents of this state.
562.05(3w)(b)
(b) The license will not adversely affect the public health, welfare and safety.
562.05(3w)(c)
(c) The racetrack will be operated in accordance with applicable laws.
562.05(3w)(d)
(d) The applicant is qualified and financially able to operate a racetrack.
562.05(3wmr)
(3wmr) If the condition under
sub. (2m) is relevant to its decision, the board may consider secondary economic impacts of an applicant's proposal for a racetrack if the applicant proves by a preponderance of evidence that the alleged secondary impacts will enhance the success of the applicant's proposed racetrack and the location of the proposed racetrack would compliment existing development with the overall effect of increasing tourism and generating state revenues from out-of-state residents.
