Amendment ASA1-AB100

AB100-ASA1,1746,11 562.02 (1) (f) Establish, by rule, a schedule of license suspensions and revocations or forfeitures for violations of this chapter or board department rules which may be imposed by the board department under sub. (2) (f) or by the stewards under s. 562.04 (1) (b). A forfeiture under that schedule may not exceed $10,000. The rule shall include factors to be considered by stewards in acting under s. 562.04 (1) (b).

AB100-ASA1, s. 3169 Section 3169. 562.02 (1) (h) of the statutes is amended to read:

AB100-ASA1,1746,16 562.02 (1) (h) By rule, specify the types of records and books to be maintained by licensees, and, for submission to the board department, the type of audit of those books and records to be conducted by licensees and the type of financial report to be prepared by licensees.

AB100-ASA1, s. 3170 Section 3170. 562.02 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1746,18 562.02 (2) (intro.) The board department may:

AB100-ASA1, s. 3171 Section 3171. 562.02 (2) (a) of the statutes is amended to read:

AB100-ASA1,1746,25 562.02 (2) (a) Employ the staff it deems necessary to administer this chapter, including but not limited to any chemist and veterinarian. The board department 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.

AB100-ASA1, s. 3172 Section 3172. 562.02 (2) (b) of the statutes is amended to read:

AB100-ASA1,1747,5 562.02 (2) (b) Require a fidelity bond for the administrator and any other employe of the racing division of gaming or may purchase a bond which covers the administrator and all other employes of the racing division of gaming or designated employes of the racing division of gaming.

AB100-ASA1, s. 3173 Section 3173. 562.02 (2) (e) 3. of the statutes is amended to read:

AB100-ASA1,1747,8 562.02 (2) (e) 3. Is determined by the board department to be a threat to the integrity of racing in this state.

AB100-ASA1, s. 3174 Section 3174. 562.02 (2) (f) of the statutes is amended to read:

AB100-ASA1,1747,18 562.02 (2) (f) Suspend or revoke any license or impose a forfeiture for any violation of this chapter or board department rules relating to pari-mutuel racing. The board department 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 department 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 credited to the appropriations appropriation accounts under ss. 20.197 (1) (g) and 20.455 (2) (g) and 20.505 (8) (g).

AB100-ASA1, s. 3175 Section 3175. 562.02 (2) (fm) of the statutes is amended to read:

AB100-ASA1,1747,22 562.02 (2) (fm) Contract with the department of agriculture, trade and consumer protection for any services related to the duties of the board department in ensuring the security and humane treatment of animals.

AB100-ASA1, s. 3176 Section 3176. 562.02 (2) (g) of the statutes is amended to read:

AB100-ASA1,1748,4 562.02 (2) (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 department 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.

AB100-ASA1, s. 3177 Section 3177. 562.02 (4) of the statutes is amended to read:

AB100-ASA1,1748,8 562.02 (4) Except as provided under s. 562.05 (2m), the board department shall issue a license under s. 562.05 (1) (a) to any person who satisfies the requirements of this chapter for such a license.

AB100-ASA1, s. 3178 Section 3178. 562.025 (1) (intro.) of the statutes is repealed and recreated to read:

AB100-ASA1,1748,16 562.025 (1) (intro.) No employe in the division of gaming who performs any duty related to racing or the executive assistant or the secretary or deputy secretary of administration and no member of such a person's immediate family, as defined in s. 19.42 (7), may, while that person is employed or serves in such a capacity or for 2 years following the termination of his or her employment with the department after having served in such a capacity, do any of the following:

AB100-ASA1, s. 3179 Section 3179. 562.025 (1) (e) of the statutes is amended to read:

AB100-ASA1,1748,20 562.025 (1) (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 department.

AB100-ASA1, s. 3180 Section 3180. 562.025 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1748,25 562.025 (2) (intro.) No person under contract with the board department and no employe of any person under contract with the board department, other than a vendor or an employe of a vendor as defined in s. 565.01 (7), may do any of the following:

AB100-ASA1, s. 3181 Section 3181. 562.025 (2) (a) of the statutes is amended to read:

AB100-ASA1,1749,5 562.025 (2) (a) Hold any license, except a license covering the professional services being provided to the board department, or be employed by or have any direct or indirect interest in any corporation, partnership, limited liability company or association which holds a license.

AB100-ASA1, s. 3182 Section 3182. 562.025 (2) (e) of the statutes is amended to read:

AB100-ASA1,1749,10 562.025 (2) (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 department or holds any contract to supply goods or services to the board department other than the contract under which the person provides professional services.

AB100-ASA1, s. 3183 Section 3183. 562.03 (1) (a) of the statutes is amended to read:

AB100-ASA1,1749,14 562.03 (1) (a) The board department 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.

AB100-ASA1, s. 3184 Section 3184. 562.03 (1) (b) of the statutes is amended to read:

AB100-ASA1,1749,23 562.03 (1) (b) Before appointing an administrator, the board department shall, with the assistance of the department of justice, conduct a background investigation of the proposed administrator. The board department 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.

AB100-ASA1, s. 3185 Section 3185. 562.03 (2) of the statutes is amended to read:

AB100-ASA1,1750,4 562.03 (2) The administrator may employ or provide by contract for the services of stewards, subject to the approval of the board department. Any steward under a contract under this subsection shall be under a contract with the board department.

AB100-ASA1, s. 3186 Section 3186. 562.03 (3) (a) of the statutes is amended to read:

AB100-ASA1,1750,7 562.03 (3) (a) The board department may employ the staff it considers necessary to administer this chapter.

AB100-ASA1, s. 3187 Section 3187. 562.03 (3) (b) of the statutes is amended to read:

AB100-ASA1,1750,15 562.03 (3) (b) Before making an appointment under par. (a) and sub. (4), the board department 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.

AB100-ASA1, s. 3188 Section 3188. 562.04 (1) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1750,24 562.04 (1) (a) (intro.) 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 department or providing services to the board department under a professional services contract. The rate of compensation of stewards serving under contract to the board department shall be commensurate with the rate of compensation established for stewards employed by the board department, but less than the rate established for the chief steward. Stewards presiding over a racetrack shall do all of the following:

AB100-ASA1, s. 3189 Section 3189. 562.04 (1) (a) 1. of the statutes is amended to read:

AB100-ASA1,1751,2 562.04 (1) (a) 1. Ensure that races are conducted under the rules of the board department.

AB100-ASA1, s. 3190 Section 3190. 562.04 (1) (a) 5. of the statutes is amended to read:

AB100-ASA1,1751,4 562.04 (1) (a) 5. Perform any other duty assigned by the board department.

AB100-ASA1, s. 3191 Section 3191. 562.04 (1) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1751,10 562.04 (1) (b) (intro.) 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 department relating to pari-mutuel racing or engaged in any other conduct which in the opinion of the stewards adversely affects the integrity of racing, the following procedures apply:

AB100-ASA1, s. 3192 Section 3192. 562.04 (1) (b) 4. of the statutes is amended to read:

AB100-ASA1,1751,19 562.04 (1) (b) 4. If at least 2 stewards determine that the violation or conduct has occurred, the stewards may, under the schedule established by the board department 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 department 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 credited to the appropriations appropriation accounts under ss. 20.197 (1) (g) and 20.455 (2) (g) and 20.505 (8) (g).

AB100-ASA1, s. 3193 Section 3193. 562.04 (1) (b) 5. of the statutes is amended to read:

AB100-ASA1,1752,2 562.04 (1) (b) 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 department, 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.

AB100-ASA1, s. 3194 Section 3194. 562.04 (1) (b) 6. of the statutes is amended to read:

AB100-ASA1,1752,16 562.04 (1) (b) 6. Any person adversely affected by a decision issued under subd. 4. may appeal that decision to the board department. The appeal shall be filed with the board department 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 department 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 department on the appeal shall be the final administrative decision on any action of the stewards under subd. 4.

AB100-ASA1, s. 3195 Section 3195. 562.04 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,1752,19 562.04 (2) Other racing officials. (intro.) The board department shall, by rule, specify all of the following:

AB100-ASA1, s. 3196 Section 3196. 562.04 (2) (d) of the statutes is amended to read:

AB100-ASA1,1752,24 562.04 (2) (d) A fee for the supervision of racing by stewards or other racing officials employed by or under contract with the board department. Any moneys received under this paragraph shall be deposited in credited to the appropriations appropriation accounts under ss. 20.197 (1) (g) and 20.455 (2) (g) and 20.505 (8) (g).

AB100-ASA1, s. 3197 Section 3197. 562.045 (intro.) of the statutes is amended to read:

AB100-ASA1,1753,5 562.045 Qualifications of administrator, other employes and stewards. (intro.) Notwithstanding s. 111.321, no person may serve as an administrator or other employe of the racing division of gaming or as a steward employed by the board department or under contract with the board department if any of the following apply:

AB100-ASA1, s. 3198 Section 3198. 562.045 (6) of the statutes is amended to read:

AB100-ASA1,1753,9 562.045 (6) The person has knowingly violated a rule or order of the board department relating to pari-mutuel racing or any provision of this chapter, s. 182.020 or ch. 945.

AB100-ASA1, s. 3199 Section 3199. 562.05 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1753,12 562.05 (1) (intro.) No person may engage in any of the following activities without a valid annual license issued by the board department:

AB100-ASA1, s. 3200 Section 3200. 562.05 (1) (d) of the statutes is amended to read:

AB100-ASA1,1753,15 562.05 (1) (d) Any occupation required to be licensed under s. 562.02 (1) (am) or determined by the board department under s. 562.02 (1) (am) to require a license.

AB100-ASA1, s. 3201 Section 3201. 562.05 (1b) of the statutes is amended to read:

AB100-ASA1,1753,21 562.05 (1b) The board department 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 department determines that the applicant for the license is qualified as evidenced by the applicant's performance on the examination conducted under this subsection.

AB100-ASA1, s. 3202 Section 3202. 562.05 (1m) of the statutes is amended to read:

AB100-ASA1,1753,24 562.05 (1m) The board department may not issue a license under sub. (1) (a) to (c) except after a public hearing.

AB100-ASA1, s. 3203 Section 3203. 562.05 (2) of the statutes is amended to read:

AB100-ASA1,1754,5 562.05 (2) The board department 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 credited to the appropriations appropriation accounts under ss. 20.197 (1) (g) and 20.455 (2) (g) and 20.505 (8) (g).

AB100-ASA1, s. 3204 Section 3204. 562.05 (2m) of the statutes is amended to read:

AB100-ASA1,1754,11 562.05 (2m) In issuing a license to own and operate a racetrack not at a fair, the board department 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.

AB100-ASA1, s. 3205 Section 3205. 562.05 (3) of the statutes is amended to read:

AB100-ASA1,1754,20 562.05 (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 department 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 department.

AB100-ASA1, s. 3206 Section 3206. 562.05 (3m) of the statutes is amended to read:

AB100-ASA1,1754,25 562.05 (3m) The board department 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.

AB100-ASA1, s. 3207 Section 3207. 562.05 (3w) (intro.) of the statutes is amended to read:

AB100-ASA1,1755,4 562.05 (3w) (intro.) Except as provided under subs. (3) to (3r), the board department may issue a license under sub. (1) (a) if the board department determines that all of the following conditions are met:

AB100-ASA1, s. 3208 Section 3208. 562.05 (3wmr) of the statutes is amended to read:

AB100-ASA1,1755,12 562.05 (3wmr) If the condition under sub. (2m) is relevant to its decision, the board department 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.

AB100-ASA1, s. 3209 Section 3209. 562.05 (3wt) of the statutes is amended to read:

AB100-ASA1,1755,18 562.05 (3wt) In the first license issued to each applicant under sub. (1) (a) for each racetrack, the board department shall specify a date by which each of the types of racing authorized under the license shall begin at that racetrack. Upon request of the licensee, the board department may change a specified date to an earlier or later date pursuant to rules of the board department.

AB100-ASA1, s. 3210 Section 3210. 562.05 (4) of the statutes is amended to read:

AB100-ASA1,1755,23 562.05 (4) Any application for a license to sponsor and manage a race shall be accompanied by a bond, in an amount determined by the board department, which shall be sufficient to guarantee the payment of fees, taxes and other money due, including animal owners' purses and payouts on winning wagers.

AB100-ASA1, s. 3211 Section 3211. 562.05 (4m) (intro.) of the statutes is amended to read:

AB100-ASA1,1756,3 562.05 (4m) (intro.) Except as provided in sub. (4), the board department may issue a license under sub. (1) (b) if the board department determines that all of the following conditions are met:

AB100-ASA1, s. 3212 Section 3212. 562.05 (5) (a) 5. of the statutes is amended to read:

AB100-ASA1,1756,8 562.05 (5) (a) 5. 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 of any other form of gambling which is a serious violation, as defined by the board department by rule.