1995 Wisconsin Act 27

27,6955 Section 6955 . 562.057 (2) of the statutes is repealed.

27,6956 Section 6956 . 562.057 (3) (a) of the statutes is renumbered 562.057 (3).

27,6957 Section 6957 . 562.057 (3) (b) of the statutes is repealed.

27,6958 Section 6958 . 562.057 (4) of the statutes is amended to read:

562.057 (4) The Subject to sub. (4m), the commission may permit a licensee under s. 562.05 (1) (b) to receive simulcast races from out-of-state racetracks not more than 9 simulcast races each year and, to conduct pari-mutuel wagering on those races and to commingle the licensee's wagering pools on those races with those of any out-of-state racetrack from which the licensee is permitted to receive simulcast races . The licensee shall use at least 4.5% of the total amount of intertrack and simulcast wagers for purses for races held at the racetrack at which the wagering was conducted. The commission may permit a licensee under s. 562.05 (1) (b) to simulcast races to any out-of-state legal wagering entity, and to commingle the licensee's wagering pools on those races with those of any out-of-state legal wagering entity to which the licensee is permitted to simulcast those races.

27,6958m Section 6958m. 562.057 (4m) of the statutes is created to read:

562.057 (4m) The commission may not permit a licensee under s. 562.05 (1) (b) to receive simulcast races under sub. (4) unless the commission determines that all of the following conditions are met:

(a) 1. For a racetrack at which $25,000,000 or more was wagered during the calendar year immediately preceding the year in which the applicant proposes to conduct wagering on simulcast races, at least 250 race performances were conducted at the racetrack during that period.

2. For a racetrack at which less than $25,000,000 was wagered during the calendar year immediately preceding the year in which the applicant proposes to conduct wagering on simulcast races, at least 200 race performances were conducted at the racetrack during that period.

(b) Wagering on simulcast races will be conducted at the racetrack only as an adjunct to, and not in a manner that will supplant, wagering on live on-track racing at that racetrack, and wagering on simulcast races will not be the primary source of wagering revenue at that racetrack.

(c) The conduct of wagering on simulcast races will not adversely affect the public health, welfare or safety.

27,6959 Section 6959 . 562.057 (5) of the statutes is created to read:

562.057 (5) The commission shall promulgate rules administering sub. (4).

27,6960 Section 6960 . 562.065 (3) (a) of the statutes is amended to read:

562.065 (3) (a) Deduction. From the total amount wagered on all animals selected to win, place or show in a race, a licensee under s. 562.05 (1) (b) and (c) shall deduct 17% or an amount approved by the commission under s. 562.02 (1) (k) up to 20% and pay the balance, minus breakage, to winning ticket holders, except that for a multiple pool, the licensee shall deduct 23% or an amount approved by the commission under s. 562.02 (1) (k) up to 25% and pay the balance, minus breakage, to winning ticket holders. Nothing in this paragraph prohibits the licensee from retaining amounts wagered in multiple pools which are required to be paid to winning ticket holders if there are no winning ticket holders, for the sole purpose of paying these amounts to winning ticket holders of subsequent races.

27,6961 Section 6961 . 562.065 (3) (b) of the statutes is amended to read:

562.065 (3) (b) Purses. 1. For horse races, from the total amount deducted under par. (a) on each race day, the licensee under s. 562.05 (1) (b) shall use at least an amount equal to 8% of the total amount wagered on each race day for purses for races held on that race day, except as provided in s. 562.057 (3) (b) (4). The licensee shall pay purses directly to the owner of a horse or, if a horse is leased, the licensee shall pay the purse directly to the lessor and lessee of the horse as agreed in a written lease agreement on file with the licensee.

2. For dog races, from the total amount deducted under par. (a) on each race day, the licensee under s. 562.05 (1) (b) shall use at least an amount equal to 4.5% of the total amount wagered on each race day for purses, except as provided in s. 562.057 (3) (b) (4). Purses shall be paid on or before Thursday of the calendar week immediately following the race day on which the purses are won. The licensee shall pay purses directly to the owner of a dog or, if a dog is leased, the licensee shall pay the purse directly to the lessor and lessee of the dog as agreed in a written lease agreement on file with the licensee.

27,6961m Section 6961m. 562.065 (3) (b) 3. of the statutes is created to read:

562.065 (3) (b) 3. In addition to the amounts required under subds. 1. and 2., if a licensee deducts under par. (a) more than 17% from the total amount wagered on all animals selected to win, place or show in a race or more than 23% from the total amount wagered on all animals for a multiple pool in a race, the licensee shall use for purses at least an amount that equals 4.5% of any amount that the licensee deducts as a result of increasing the deduction under par. (a) beyond the 17% and 23% levels.

27,6965 Section 6965. 562.065 (3) (e) (intro.) of the statutes is renumbered 562.065 (3) (e) and amended to read:

562.065 (3) (e) Breakage. A licensee under s. 562.05 (1) (b) shall deposit with the commission an amount equal to 50% may retain 100% of the breakage for each race day. The moneys received under this paragraph shall be deposited as follows:

27,6966 Section 6966. 562.065 (3) (e) 1. and 2. of the statutes are repealed.

27,6967 Section 6967. 562.065 (3r) of the statutes is amended to read:

562.065 (3r) Period for deposit by licensee. The licensee shall make the deposits required under subs. (3) (c) 1. to 2g., and (d) 1. and (e) and (3m) (c) 2. no later than 48 hours after the close of the race day or, if the 48-hour period does not include a business day, on the first business day immediately following the close of the race day.

27,6968 Section 6968. 562.075 (title) of the statutes is amended to read:

562.075 (title) Horses foaled in this state; three-year-old horses: races and purse supplements.

27,6969 Section 6969. 562.075 (1) (a) (title) of the statutes is repealed.

27,6970 Section 6970. 562.075 (1) (a) of the statutes is renumbered 562.075 (1).

27,6971 Section 6971. 562.075 (1) (b) of the statutes is repealed.

27,6972 Section 6972. 562.075 (2) (c) of the statutes is repealed.

27,6975 Section 6975 . 562.09 (2) (b) 2. of the statutes is amended to read:

562.09 (2) (b) 2. The commission shall require, by rule, that immediately after every race the animal which won the race, at least one animal selected at random and any additional animals, as identified by the commission rule, shall be tested to determine if a medication or foreign substance has been administered to the animal in violation of sub. (1). A steward or veterinarian employed by, under contract with or approved by the commission may designate additional animals to be tested to determine whether a violation of sub. (1) has occurred.

27,6976 Section 6976 . 563.05 (6) of the statutes is amended to read:

563.05 (6) The commission shall deposit all moneys received by the commission under this chapter, except s. 563.80, in the appropriation account under s. 20.197 (1) (g) (j).

27,6976c Section 6976c. 563.055 (1) of the statutes is amended to read:

563.055 (1) If the holder of a license issued under this chapter pays a fee required under s. 563.13 (4), 563.22 (2) or 563.92 (1) (2) by check and the check is not paid by the bank upon which the check is drawn, the commission may cancel the license on or after the 60th day after the commission receives the notice from the bank, subject to sub. (2).

27,6976d Section 6976d. 563.92 (1) of the statutes is renumbered 563.92 (2).

27,6976f Section 6976f. 563.92 (1m) of the statutes is created to read:

563.92 (1m) The commission may issue a Class A license for the conduct of a raffle in which some or all of the tickets for that raffle are sold on days other than the same day as the raffle drawing. The commission may issue a Class B license for the conduct of a raffle in which all of the tickets for that raffle are sold on the same day as the raffle drawing.

27,6976m Section 6976m. 563.93 (title) of the statutes is amended to read:

563.93 (title) Tickets; calendars; drawings The conduct of raffles under a Class A license.

27,6976p Section 6976p. 563.93 (intro.) of the statutes is created to read:

563.93 (intro.) All of the following shall apply to the conduct of a raffle under a Class A license:

27,6976s Section 6976s. 563.93 (1m) of the statutes is repealed.

27,6976t Section 6976t. 563.93 (3) of the statutes is amended to read:

563.93 (3) No person may sell a raffle ticket or calendar unless authorized by an organization licensed under this subchapter with a Class A license.

27,6976v Section 6976v. 563.935 of the statutes is created to read:

563.935 The conduct of raffles under a Class B license. All of the following shall apply to the conduct of a raffle under a Class B license:

(1) All raffle tickets shall be identical in shape, form and color.

(2) The tickets need not be numbered consecutively.

(3) No raffle ticket may exceed $10 in cost.

(4) No person may sell a raffle ticket unless authorized by an organization with a Class B license.

(5) All raffle drawings shall be held in public.

(6) The purchaser of a ticket must be present at the drawing to win a prize, unless the purchaser gives the ticket to another person who may claim the prize on behalf of the purchaser, but only if that other person is present at the drawing. If a purchaser of a ticket must leave before the drawing, the purchaser may request and receive a refund in the amount of the price of the ticket, but only if the purchaser makes the request before the drawing. The seller of the ticket shall immediately void that ticket.

(7) All prizes shall be awarded.

(8) The time of the drawing and the prizes to be awarded, the prize amount or the methodology used to determine the prize amount shall be posted or announced before the drawing.

(9) If a raffle drawing is canceled, the organization shall refund the receipts to the ticket purchasers.

27,6977 Section 6977 . 564.02 (2) (g) of the statutes is amended to read:

564.02 (2) (g) The commission shall deposit all moneys received by the commission under this subsection in the appropriation account under s. 20.197 (1) (g) (j).

27,6977b Section 6977b. 565.01 (1) of the statutes is amended to read:

565.01 (1) “Administrator" means the administrator of the lottery division in the department.

27,6977c Section 6977c. 565.01 (2) of the statutes is created to read:

565.01 (2) “Department" means the department of revenue, except as otherwise expressly provided.

27,6977d Section 6977d. 565.01 (4c) (a) of the statutes is amended to read:

565.01 (4c) (a) The development of a specification related to a bid or competitive sealed proposal to supply goods or services to the commission department relating to the state lottery.

27,6977f Section 6977f. 565.01 (4c) (b) of the statutes is amended to read:

565.01 (4c) (b) The evaluation of a bid or competitive sealed proposal to supply goods or services to the commission department relating to the state lottery.

27,6977h Section 6977h. 565.01 (6) of the statutes is amended to read:

565.01 (6) “Retailer" means a person who sells lottery tickets or lottery shares on behalf of the commission department under the terms of a lottery retailer contract entered into under s. 565.10.

27,6977j Section 6977j. 565.01 (6m) (b) 9. (intro.) of the statutes is amended to read:

565.01 (6m) (b) 9. (intro.) Any game or device that is commonly known as a video game of chance or a video gaming machine or that is commonly known as or considered to be a video gambling machine, except a video device authorized by the commission department to permit the sale of tickets by retailers in a game authorized under par. (a) if all of the following apply:

27,6977L Section 6977L. 565.01 (6m) (b) 11. of the statutes is amended to read:

565.01 (6m) (b) 11. Any other game that is commonly considered to be a form of gambling and is not, or is not substantially similar to, a game that the commission department has the authority to conduct under this chapter.

27,6977m Section 6977m. 565.017 of the statutes is created to read:

565.017 Recommendation of proposed rules by the department. The department may recommend proposed rules to the board.

27,6977n Section 6977n. 565.02 (1) (a) of the statutes is amended to read:

565.02 (1) (a) Prior to appointing an administrator, the commission department shall conduct a nationwide search to find the best, most qualified appointee and consider the business management experience, marketing experience, computer experience and lottery management experience of the applicants.

27,6977p Section 6977p. 565.02 (1) (b) 4. of the statutes is amended to read:

565.02 (1) (b) 4. A violation of a provision of this chapter or rule of the commission board.

27,6977r Section 6977r. 565.02 (1) (c) of the statutes is amended to read:

565.02 (1) (c) Before appointment of an administrator is made, the commission department, with the assistance of the department of justice, shall conduct a background investigation of the proposed administrator. The commission department shall require the propose 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 submit the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. The commission department shall reimburse the department of justice for the department's services under this paragraph.

27,6977t Section 6977t. 565.02 (2) (a) of the statutes is amended to read:

565.02 (2) (a) The administrator shall perform the duties assigned to the administrator under this chapter and by the commission secretary of revenue.

27,6978 Section 6978. 565.02 (2) (b) of the statutes is amended to read:

565.02 (2) (b) The administrator shall appoint and supervise employes, including, outside the classified service, the deputy and assistant of the lottery division, as specified by the commission by rule under sub. (3) (a), as necessary to carry out the duties of the commission and administrator.

27,6978b Section 6978b. 565.02 (2) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

565.02 (2) (b) The administrator shall appoint and supervise employes, as specified by the commission board by rule under sub. (3) (a), as necessary to carry out the duties of the commission and administrator.

27,6978c Section 6978c. 565.02 (2) (c) 3. of the statutes is amended to read: