Amendment ASA1-AB100

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).

AB100-ASA1, s. 3227 Section 3227. 562.05 (8) (c) of the statutes is amended to read:

AB100-ASA1,1759,24 562.05 (8) (c) The board department shall permanently revoke the license of any licensee who violates s. 562.105.

AB100-ASA1, s. 3228 Section 3228. 562.05 (9) (a) of the statutes is amended to read:

AB100-ASA1,1760,3 562.05 (9) (a) Every license issued under sub. (1) (b) or (c) shall set forth the time and number of days, or the specific dates, during which racing may be conducted under that license, as determined by the board department.

AB100-ASA1, s. 3229 Section 3229. 562.05 (9) (b) of the statutes is amended to read:

AB100-ASA1,1760,10 562.05 (9) (b) A license under sub. (1) (c) may authorize horse races on days on which the fair is conducted and for 2 additional periods not to exceed 5 days each. Either or both of the additional periods may be consecutive with the days on which the fair is conducted. In assigning race days and race times under this paragraph, the board department shall consider the competitive effects on licensees under sub. (1) (a) and (b).

AB100-ASA1, s. 3230 Section 3230. 562.05 (10) of the statutes is amended to read:

AB100-ASA1,1760,15 562.05 (10) The board department shall revoke the license issued under sub. (1) (a) of any person who accepts any public money to construct or operate a racetrack in Wisconsin. This subsection does not apply to any racetrack operated in conjunction with a county fair.

AB100-ASA1, s. 3231 Section 3231. 562.057 (1) of the statutes is amended to read:

AB100-ASA1,1760,19 562.057 (1) An intertrack wagering licensee may accept wagers on races that are conducted at 2 or more host tracks during the same race day with the approval of the board department.

AB100-ASA1, s. 3232 Section 3232. 562.057 (4) of the statutes is amended to read:

AB100-ASA1,1761,4 562.057 (4) Subject to sub. (4m), the board department may permit a licensee under s. 562.05 (1) (b) to receive simulcast races from out-of-state racetracks, 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 board department 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.

AB100-ASA1, s. 3233 Section 3233. 562.057 (4m) (intro.) of the statutes is amended to read:

AB100-ASA1,1761,8 562.057 (4m) (intro.) The board department may not permit a licensee under s. 562.05 (1) (b) to receive simulcast races under sub. (4) unless the board department determines that all of the following conditions are met:

AB100-ASA1, s. 3234 Section 3234. 562.057 (5) of the statutes is amended to read:

AB100-ASA1,1761,11 562.057 (5) The board department shall promulgate rules administering sub. (4).

AB100-ASA1, s. 3235 Section 3235. 562.065 (1) of the statutes is amended to read:

AB100-ASA1,1761,15 562.065 (1) Types of pools; purses. The board department shall promulgate rules governing types of pari-mutuel pools that are permitted on races and the payment and allocation of purses for races.

AB100-ASA1, s. 3236 Section 3236. 562.065 (3) (a) of the statutes is amended to read:

AB100-ASA1,1762,2 562.065 (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 board department 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 board department 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.

AB100-ASA1, s. 3237 Section 3237. 562.065 (3) (c) 1. (intro.) of the statutes is amended to read:

AB100-ASA1,1762,6 562.065 (3) (c) 1. (intro.) For horse races, from the total amount deducted under par. (a) on each race day, a licensee under s. 562.05 (1) (b) shall deposit with the board department the following amounts:

AB100-ASA1, s. 3238 Section 3238. 562.065 (3) (c) 2. of the statutes is repealed.

AB100-ASA1, s. 3239 Section 3239. 562.065 (3) (c) 2g. (intro.) of the statutes is amended to read:

AB100-ASA1,1762,11 562.065 (3) (c) 2g. (intro.) For dog races, from the total amount deducted under par. (a) on each race day that is on or after January 1, 1993, a licensee under s. 562.05 (1) (b) shall deposit with the board department the following amounts:

AB100-ASA1, s. 3240 Section 3240. 562.065 (3) (c) 4. of the statutes is amended to read:

AB100-ASA1,1762,20 562.065 (3) (c) 4. Annually, not later than February 15, a licensee under s. 562.05 (1) (b) shall file with the board department a statement computing the total amount paid to the board department under subd. 1. during the immediately preceding year and the total amount wagered at races sponsored and managed by the licensee during that year. If the total amount paid to the board department under subd. 1. exceeds the amount due under subd. 1. the board department shall refund the difference to the licensee. If the total amount paid is less than the amount due the licensee shall remit the difference to the board department.

AB100-ASA1, s. 3241 Section 3241. 562.065 (3) (d) 1. of the statutes is amended to read:

AB100-ASA1,1762,24 562.065 (3) (d) 1. From the total amount deducted under par. (a) on each race day, a licensee under s. 562.05 (1) (b) shall deposit with the board department an amount equal to 0.75% of the total amount wagered on that race day.

AB100-ASA1, s. 3242 Section 3242. 562.065 (3) (d) 2. of the statutes is amended to read:

AB100-ASA1,1763,3 562.065 (3) (d) 2. The board department shall deposit credit the money received under subd. 1. in to the appropriations appropriation accounts under ss. 20.197 (1) (g) and 20.455 (2) (g) and 20.505 (8) (g).

AB100-ASA1, s. 3243 Section 3243. 562.065 (3m) (c) 1. of the statutes is amended to read:

AB100-ASA1,1763,10 562.065 (3m) (c) 1. From the total amount of the deduction under par. (a) remaining after the payment of purses under par. (b), the licensee under s. 562.05 (1) (c) shall retain an amount equal to the licensee's costs related to pari-mutuel racing and wagering conducted under the license. The board department shall, by rule, determine the costs which may be included under this subdivision and require auditing of these costs.

AB100-ASA1, s. 3244 Section 3244. 562.065 (3m) (c) 2. of the statutes is amended to read:

AB100-ASA1,1763,17 562.065 (3m) (c) 2. The licensee may retain 50% of the amount of the deduction under par. (a) remaining after the payment of purses under par. (b), and the payment of the licensee's cost under subd. 1. The licensee shall deposit the remaining 50% of that amount with the board department. The board department shall deposit credit moneys received under this subdivision in to the appropriation account under s. 20.197 (3) 20.505 (8) (i).

AB100-ASA1, s. 3245 Section 3245. 562.065 (3r) of the statutes is amended to read:

AB100-ASA1,1763,23 562.065 (3r) Period for deposit by licensee. The licensee shall make the deposits required under subs. (3) (c) 1. to and 2g. and (d) 1. 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.

AB100-ASA1, s. 3246 Section 3246. 562.065 (4) of the statutes is amended to read:

AB100-ASA1,1764,5 562.065 (4) Unclaimed prizes. Any winnings on a race which are not claimed within 90 days after the end of the period authorized for racing in that year under s. 562.05 (9) shall be paid to the board department. The board department shall deposit credit moneys received under this subsection in to the appropriations appropriation accounts under ss. 20.197 (1) (g) and 20.455 (2) (g) and 20.505 (8) (g).

AB100-ASA1, s. 3247 Section 3247. 562.075 (1) of the statutes is amended to read:

AB100-ASA1,1764,12 562.075 (1) Horses foaled in this state. Every licensee to sponsor and manage horse races under s. 562.05 (1) (b) or (c) shall hold at least one race on every race day which is limited to horses foaled in this state, except that another race may be substituted if the licensee is unable, with reasonable effort, to attract sufficient competition for such a race. The board department shall define, by rule, the term "foaled in this state".

AB100-ASA1, s. 3248 Section 3248. 562.077 of the statutes is amended to read:

AB100-ASA1,1764,18 562.077 County fair advancement grants. From the appropriation under s. 20.197 (3) 20.505 (8) (i), the board department shall provide grants to the Wisconsin association of fairs for use for the advancement of county fairs throughout the state. The board department shall approve the program for which any grant under this section is used prior to making the grant.

AB100-ASA1, s. 3249 Section 3249. 562.08 (3) of the statutes is amended to read:

AB100-ASA1,1764,24 562.08 (3) Each county, city, village and town receiving moneys under sub. (2) shall use at least part of the moneys to defray the costs of law enforcement, traffic control and other municipal expenditures incidental to the conduct of racing in that county, city, village or town and shall submit annually a report to the board department showing how it has expended those moneys.

AB100-ASA1, s. 3250 Section 3250. 562.09 (1) (title) of the statutes is amended to read:

AB100-ASA1,1765,1 562.09 (1) (title) Board Department rules.

AB100-ASA1, s. 3251 Section 3251. 562.09 (1) (a) of the statutes is amended to read:

AB100-ASA1,1765,21 562.09 (1) (a) The board department shall promulgate and enforce rules governing the administration of medication and foreign substances to animals at racetracks where there is racing and medical testing of those animals. The rules shall provide that no medication or foreign substance, as defined by the board department, may be administered to an animal within 48 hours prior to its entry in a race and that no animal participating in a race may carry any medication or foreign substance in its body, except as provided in this paragraph. The rules may permit specified levels of the following medications or foreign substances to be present in the body of an animal participating in a race if it is determined by the board department that the medication or foreign substance entered the body of the animal through the food chain: procaine and its metabolites; sulfa drugs and their metabolites; polyethylene glycol; and any other medication or foreign substance that may enter the body of an animal through the food chain and that the board department determines will not affect the integrity of the race or will not be relevant to the wagering public if the medication or foreign substance is present in an animal participating in a race. The rules shall specify the permissible levels of those medications or foreign substances consistent with levels resulting from food ingestion and in a manner that enables the levels to be detected in a urine sample of the animal.