Amendment ASA1-AB100

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.

AB100-ASA1, s. 3213 Section 3213. 562.05 (5) (a) 6. of the statutes is amended to read:

AB100-ASA1,1756,12 562.05 (5) (a) 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 or of ch. 27, 182 or 945.

AB100-ASA1, s. 3214 Section 3214. 562.05 (5) (b) 4. of the statutes is amended to read:

AB100-ASA1,1756,19 562.05 (5) (b) 4. A restriction under par. (a) 2. to 8. does not apply to a partnership, limited liability company, association or corporation if the board department determines that the partnership, association, limited liability company or corporation has terminated its relationship with each individual whose actions directly contributed to the application of that restriction to the partnership, association, limited liability company or corporation.

AB100-ASA1, s. 3215 Section 3215. 562.05 (5) (c) 2. of the statutes is amended to read:

AB100-ASA1,1757,10 562.05 (5) (c) 2. Except as otherwise provided in this subdivision, if after the application for a license is made or a license is issued any new officer, director, partner, member or owner subject to par. (a), as specified in par. (b), or any other new person with a present or future direct or indirect financial or management interest in the application or license joins the applicant or licensee, the applicant or licensee shall, within 5 working days, notify the board department of the change and provide the affidavit under subd. 1. After an application for a license under sub. (1) (a) or (b) is made or after a license under sub. (1) (a) or (b) is issued, no ownership interest or right of ownership in the applicant or licensee may be transferred unless the applicant or licensee provides the affidavit under subd. 1. for the proposed new owner and the proposed new owner is approved by the board department. The board department shall conduct the background investigations required under sub. (7) of any new officer, director, partner, member, shareholder or proposed owner of an applicant or licensee named in a notice to the board department under this subdivision.

AB100-ASA1, s. 3216 Section 3216. 562.05 (6m) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1757,14 562.05 (6m) (b) (intro.) The board department may not issue an intertrack wagering license unless the board department determines that all of the following conditions are met:

AB100-ASA1, s. 3217 Section 3217. 562.05 (6m) (b) 2. of the statutes is amended to read:

AB100-ASA1,1757,21 562.05 (6m) (b) 2. At least 250 race performances were conducted at the racetrack for which the applicant is licensed under sub. (1) (a) or (b) during the calendar year immediately preceding the year in which the applicant proposes to conduct intertrack wagering. The board department may waive the requirement in this subdivision if the board department determines that the waiver is in the public interest.

AB100-ASA1, s. 3218 Section 3218. 562.05 (6m) (c) of the statutes is amended to read:

AB100-ASA1,1757,25 562.05 (6m) (c) In considering whether to grant an intertrack wagering license, the board department shall give due consideration to the best interests of the public and to maximizing revenue to the state.

AB100-ASA1, s. 3219 Section 3219. 562.05 (6m) (d) of the statutes is amended to read:

AB100-ASA1,1758,7 562.05 (6m) (d) On each intertrack wagering license that the board department issues, the board department shall identify the racetrack at which intertrack wagering may be conducted, the times and number of days or specific dates, as determined by the board department, during which intertrack wagering may be conducted, and the host track from which the simulcast of each race performance on which intertrack wagering may be conducted shall originate.

AB100-ASA1, s. 3220 Section 3220. 562.05 (6m) (e) (intro.) of the statutes is amended to read:

AB100-ASA1,1758,11 562.05 (6m) (e) (intro.) The board department shall revoke an intertrack wagering license if the board department determines that any of the following applies:

AB100-ASA1, s. 3221 Section 3221. 562.05 (7) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1758,16 562.05 (7) (a) (intro.) Except as provided under par. (ag), before the board department issues a license under this section, the board department, with the assistance of the department of justice, shall conduct a background investigation of the applicant for the license and of any of the following related to the applicant:

AB100-ASA1, s. 3222 Section 3222. 562.05 (7) (ag) (intro.) of the statutes is amended to read:

AB100-ASA1,1758,24 562.05 (7) (ag) (intro.) Paragraph (a) applies to any person required under s. 562.02 (1) (am) to have a license except for any person determined by the board department under s. 562.02 (1) (am) to require a license. Before the board department issues a license to any person determined by the board department under s. 562.02 (1) (am) to require a license, the board department may, with the assistance of the department of justice, conduct a background investigation of the applicant for that license and of any of the following related to the applicant:

AB100-ASA1, s. 3223 Section 3223. 562.05 (7) (b) of the statutes is amended to read:

AB100-ASA1,1759,6 562.05 (7) (b) The board department shall require any person subject to an investigation under par. (a) to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of that person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of that person and obtaining any record of that person's criminal arrests and convictions.

AB100-ASA1, s. 3224 Section 3224. 562.05 (7) (bg) of the statutes is amended to read:

AB100-ASA1,1759,13 562.05 (7) (bg) The board department may require any person subject to an investigation under par. (ag) to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of that person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of that person and obtaining any record of that person's criminal arrests and convictions.

AB100-ASA1, s. 3225 Section 3225. 562.05 (8) (a) of the statutes is amended to read:

AB100-ASA1,1759,16 562.05 (8) (a) The board department may revoke or suspend a license for good cause after notice and hearing under s. 227.44.

AB100-ASA1, s. 3226 Section 3226. 562.05 (8) (b) of the statutes is amended to read:

AB100-ASA1,1759,21 562.05 (8) (b) The board department shall permanently revoke the license of any licensee whom the board department determines under par. (a) has administered a medication or foreign substance to an animal in violation of s. 562.09 (1).