SB77-SSA1,1748,86
562.02
(4) Except as provided under s. 562.05 (2m), the
board department shall
7issue a license under s. 562.05 (1) (a) to any person who satisfies the requirements
8of this chapter for such a license.
SB77-SSA1, s. 4569
9Section
4569. 562.025 (1) (intro.) of the statutes is repealed and recreated to
10read:
SB77-SSA1,1748,1611
562.025
(1) (intro.) No employe in the division of gaming who performs any
12duty related to racing or the executive assistant or the secretary or deputy secretary
13of administration and no member of such a person's immediate family, as defined in
14s. 19.42 (7), may, while that person is employed or serves in such a capacity or for 2
15years following the termination of his or her employment with the department after
16having served in such a capacity, do any of the following:
SB77-SSA1,1748,2018
562.025
(1) (e) Accept or agree to accept money or anything of value from
19anyone who holds a license or who is regulated by or holds any contract to supply
20goods or services to the
board department.
SB77-SSA1, s. 4571
21Section
4571. 562.025 (2) (intro.) of the statutes is amended to read:
SB77-SSA1,1748,2522
562.025
(2) (intro.) No person under contract with the
board department and
23no employe of any person under contract with the
board
department, other than a
24vendor or an employe of a vendor as defined in s. 565.01 (7), may do any of the
25following:
SB77-SSA1,1749,52
562.025
(2) (a) Hold any license, except a license covering the professional
3services being provided to the
board department, or be employed by or have any
4direct or indirect interest in any corporation, partnership, limited liability company
5or association which holds a license.
SB77-SSA1,1749,107
562.025
(2) (e) Accept or agree to accept money or anything of value from any
8person who holds a license or who is regulated by the
board department or holds any
9contract to supply goods or services to the
board
department other than the contract
10under which the person provides professional services.
SB77-SSA1,1749,1412
562.03
(1) (a) The
board department shall appoint the administrator after a
13nationwide search for persons with experience in public gaming management and
14regulation and with knowledge of animal racing and pari-mutuel wagering.
SB77-SSA1,1749,2316
562.03
(1) (b) Before appointing an administrator, the
board department shall,
17with the assistance of the department of justice, conduct a background investigation
18of the proposed administrator. The
board department shall require the proposed
19administrator to be photographed and fingerprinted on 2 fingerprint cards each
20bearing a complete set of the person's fingerprints. The department of justice may
21provide for the submission of the fingerprint cards to the federal bureau of
22investigation for the purposes of verifying the identity of the person fingerprinted
23and obtaining any record of his or her criminal arrests and convictions.
SB77-SSA1,1750,4
1562.03
(2) The administrator may employ or provide by contract for the
2services of stewards, subject to the approval of the
board department. Any steward
3under a contract under this subsection shall be under a contract with the
board 4department.
SB77-SSA1,1750,76
562.03
(3) (a) The
board department may employ the staff it considers
7necessary to administer this chapter.
SB77-SSA1,1750,159
562.03
(3) (b) Before making an appointment under par. (a) and sub. (4), the
10board department shall conduct a background investigation of the proposed employe
11and shall require that proposed employe to be photographed and fingerprinted on 2
12fingerprint cards each bearing a complete set of the person's fingerprints. The
13department of justice may provide for the submission of the fingerprint cards to the
14federal bureau of investigation for the purposes of verifying the identity of the person
15fingerprinted and obtaining any record of his or her criminal arrests and convictions.
SB77-SSA1, s. 4579
16Section
4579. 562.04 (1) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,1750,2417
562.04
(1) (a) (intro.) Three stewards shall preside over races conducted at a
18racetrack not at a fair. At least 2 of those stewards shall be employes of the
board 19department or providing services to the
board department under a professional
20services contract. The rate of compensation of stewards serving under contract to the
21board department shall be commensurate with the rate of compensation established
22for stewards employed by the
board department, but less than the rate established
23for the chief steward. Stewards presiding over a racetrack shall do all of the
24following:
SB77-SSA1,1751,2
1562.04
(1) (a) 1. Ensure that races are conducted under the rules of the
board 2department.
SB77-SSA1,1751,44
562.04
(1) (a) 5. Perform any other duty assigned by the
board department.
SB77-SSA1, s. 4582
5Section
4582. 562.04 (1) (b) (intro.) of the statutes is amended to read:
SB77-SSA1,1751,106
562.04
(1) (b) (intro.) If one or more stewards have reasonable cause to believe
7that a person holding a license under s. 562.05 (1) (d) has violated this chapter or
8rules of the
board department relating to pari-mutuel racing or engaged in any other
9conduct which in the opinion of the stewards adversely affects the integrity of racing,
10the following procedures apply:
SB77-SSA1,1751,1912
562.04
(1) (b) 4. If at least 2 stewards determine that the violation or conduct
13has occurred, the stewards may, under the schedule established by the
board 14department under s. 562.02 (1) (f), suspend a license issued under s. 562.05 (1) (d)
15for a period not to exceed 90 days or impose a forfeiture not to exceed $2,000 or both;
16or recommend that the
board department suspend a license for more than 90 days
17or impose a forfeiture exceeding $2,000 or both. Fifty percent of the moneys received
18under this subdivision shall be
deposited in credited to the
appropriations 19appropriation accounts under ss.
20.197 (1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
SB77-SSA1,1752,221
562.04
(1) (b) 5. After the meeting under subd. 1., the stewards shall submit,
22in writing, all findings and conclusions from that meeting to the licensee and the
23board department, including the sanctions, if any, imposed by the stewards and shall
24provide the licensee who is the subject of the meeting with a notice of his or her right
25to appeal the decision under subd. 6. Within 7 days after receiving the decision, the
1licensee shall pay any forfeitures imposed by the stewards, regardless of whether the
2decision is appealed or stayed under subd. 6.
SB77-SSA1,1752,164
562.04
(1) (b) 6. Any person adversely affected by a decision issued under subd.
54. may appeal that decision to the
board department. The appeal shall be filed with
6the
board department within 7 days after receipt of that written decision. An appeal
7does not automatically stay the decision of the stewards. Any person may request
8that the administrator stay that decision pending the decision of the
board 9department on the appeal. If the administrator receives such a request and
10determines that the stay will not adversely affect public safety or welfare or the
11safety or welfare of an animal, the administrator shall order the stay. The procedure
12for the appeal under this subdivision is under ch. 227. If part or all of any forfeiture
13imposed under subd. 5. is refunded to the licensee under this subdivision, the refund
14shall include interest calculated at the rate of 9% per year on that amount. The
15decision of the
board department on the appeal shall be the final administrative
16decision on any action of the stewards under subd. 4.
SB77-SSA1, s. 4586
17Section
4586. 562.04 (2) (intro.) of the statutes is amended to read:
SB77-SSA1,1752,1918
562.04
(2) Other racing officials. (intro.) The
board department shall, by
19rule, specify all of the following:
SB77-SSA1,1752,2421
562.04
(2) (d) A fee for the supervision of racing by stewards or other racing
22officials employed by or under contract with the
board
department. Any moneys
23received under this paragraph shall be
deposited in
credited to the
appropriations 24appropriation accounts under ss.
20.197 (1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
SB77-SSA1,1753,5
1562.045 Qualifications of administrator, other employes and stewards. 2(intro.) Notwithstanding s. 111.321, no person may serve as an administrator or
3other employe of the
racing division
of gaming or as a steward employed by the
board 4department or under contract with the
board department if any of the following
5apply:
SB77-SSA1,1753,97
562.045
(6) The person has knowingly violated a rule or order of the
board 8department relating to pari-mutuel racing or any provision of this chapter, s.
9182.020 or ch. 945.
SB77-SSA1, s. 4590
10Section
4590. 562.05 (1) (intro.) of the statutes is amended to read:
SB77-SSA1,1753,1211
562.05
(1) (intro.) No person may engage in any of the following activities
12without a valid annual license issued by the
board
department:
SB77-SSA1,1753,1514
562.05
(1) (d) Any occupation required to be licensed under s. 562.02 (1) (am)
15or determined by the
board department under s. 562.02 (1) (am) to require a license.
SB77-SSA1,1753,2117
562.05
(1b) The
board department shall approve and conduct an examination
18to be administered to all applicants for a license under sub. (1) (d) to be a horse
19trainer. No license may be issued under sub. (1) (d) to a horse trainer unless the
board 20department determines that the applicant for the license is qualified as evidenced
21by the applicant's performance on the examination conducted under this subsection.
SB77-SSA1,1753,2423
562.05
(1m) The
board department may not issue a license under sub. (1) (a)
24to (c) except after a public hearing.
SB77-SSA1,1754,5
1562.05
(2) The
board department shall establish, by rule, the qualifications for
2any license required under sub. (1) and fix the fee for that license and any
3background investigation under sub. (7) related to that license. Any moneys received
4under this subsection shall be
deposited in credited to the
appropriations 5appropriation accounts under ss.
20.197 (1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
SB77-SSA1,1754,117
562.05
(2m) In issuing a license to own and operate a racetrack not at a fair,
8the
board department shall consider the competitive effects on any other licensee
9under sub. (1) (a) or (b). These competitive effects shall include, but not be restricted
10to, the impact on the economic viability of existing licensed racetracks and the jobs
11that have been created by such licensed racetracks.
SB77-SSA1,1754,2013
562.05
(3) No person may hold more than one license issued under sub. (1) (a)
14and one license issued under sub. (1) (b) or (c). If the applicant for any of those
15licenses is a corporation, association, limited liability company or partnership, the
16board department shall determine whether the applicant is the same person as
17another licensee for the purpose of applying this subsection. Nothing in this
18subsection prohibits any person with a license under sub. (1) from contracting for
19services with any other person with a license under sub. (1), subject to any rules
20promulgated by the
board department.
SB77-SSA1,1754,2522
562.05
(3m) The
board department may not accept an application for a license
23for a race under sub. (1) (c) unless the county board of the county in which that race
24will be conducted has approved the applicant's sponsorship and management of that
25race.
SB77-SSA1, s. 4599
1Section
4599. 562.05 (3w) (intro.) of the statutes is amended to read:
SB77-SSA1,1755,42
562.05
(3w) (intro.) Except as provided under subs. (3) to (3r), the
board 3department may issue a license under sub. (1) (a) if the
board department determines
4that all of the following conditions are met:
SB77-SSA1,1755,126
562.05
(3wmr) If the condition under sub. (2m) is relevant to its decision, the
7board department may consider secondary economic impacts of an applicant's
8proposal for a racetrack if the applicant proves by a preponderance of evidence that
9the alleged secondary impacts will enhance the success of the applicant's proposed
10racetrack and the location of the proposed racetrack would compliment existing
11development with the overall effect of increasing tourism and generating state
12revenues from out-of-state residents.
SB77-SSA1,1755,1814
562.05
(3wt) In the first license issued to each applicant under sub. (1) (a) for
15each racetrack, the
board department shall specify a date by which each of the types
16of racing authorized under the license shall begin at that racetrack. Upon request
17of the licensee, the
board department may change a specified date to an earlier or
18later date pursuant to rules of the
board department.
SB77-SSA1,1755,2320
562.05
(4) Any application for a license to sponsor and manage a race shall be
21accompanied by a bond, in an amount determined by the
board department, which
22shall be sufficient to guarantee the payment of fees, taxes and other money due,
23including animal owners' purses and payouts on winning wagers.
SB77-SSA1, s. 4603
24Section
4603. 562.05 (4m) (intro.) of the statutes is amended to read:
SB77-SSA1,1756,3
1562.05
(4m) (intro.) Except as provided in sub. (4), the
board department may
2issue a license under sub. (1) (b) if the
board department determines that all of the
3following conditions are met:
SB77-SSA1,1756,85
562.05
(5) (a) 5. The person has been convicted of a violation of any law of this
6or another state or of the United States related to racing, pari-mutuel wagering or
7of any other form of gambling which is a serious violation, as defined by the
board 8department by rule.
SB77-SSA1,1756,1210
562.05
(5) (a) 6. The person has knowingly violated a rule or order of the
board 11department relating to pari-mutuel racing or any provision of this chapter or of ch.
1227, 182 or 945.
SB77-SSA1,1756,1914
562.05
(5) (b) 4. A restriction under par. (a) 2. to 8. does not apply to a
15partnership, limited liability company, association or corporation if the
board 16department determines that the partnership, association, limited liability company
17or corporation has terminated its relationship with each individual whose actions
18directly contributed to the application of that restriction to the partnership,
19association, limited liability company or corporation
.
SB77-SSA1,1757,1021
562.05
(5) (c) 2. Except as otherwise provided in this subdivision, if after the
22application for a license is made or a license is issued any new officer, director,
23partner, member or owner subject to par. (a), as specified in par. (b), or any other new
24person with a present or future direct or indirect financial or management interest
25in the application or license joins the applicant or licensee, the applicant or licensee
1shall, within 5 working days, notify the
board department of the change and provide
2the affidavit under subd. 1. After an application for a license under sub. (1) (a) or (b)
3is made or after a license under sub. (1) (a) or (b) is issued, no ownership interest or
4right of ownership in the applicant or licensee may be transferred unless the
5applicant or licensee provides the affidavit under subd. 1. for the proposed new owner
6and the proposed new owner is approved by the
board
department. The
board 7department shall conduct the background investigations required under sub. (7) of
8any new officer, director, partner, member, shareholder or proposed owner of an
9applicant or licensee named in a notice to the
board
department under this
10subdivision.
SB77-SSA1, s. 4609
11Section
4609. 562.05 (6m) (b) (intro.) of the statutes is amended to read:
SB77-SSA1,1757,1412
562.05
(6m) (b) (intro.) The
board
department may not issue an intertrack
13wagering license unless the
board department determines that all of the following
14conditions are met:
SB77-SSA1,1757,2116
562.05
(6m) (b) 2. At least 250 race performances were conducted at the
17racetrack for which the applicant is licensed under sub. (1) (a) or (b) during the
18calendar year immediately preceding the year in which the applicant proposes to
19conduct intertrack wagering. The
board department may waive the requirement in
20this subdivision if the
board department determines that the waiver is in the public
21interest.
SB77-SSA1,1757,2523
562.05
(6m) (c) In considering whether to grant an intertrack wagering license,
24the
board department shall give due consideration to the best interests of the public
25and to maximizing revenue to the state.
SB77-SSA1,1758,72
562.05
(6m) (d) On each intertrack wagering license that the
board department 3issues, the
board department shall identify the racetrack at which intertrack
4wagering may be conducted, the times and number of days or specific dates, as
5determined by the
board department, during which intertrack wagering may be
6conducted, and the host track from which the simulcast of each race performance on
7which intertrack wagering may be conducted shall originate.
SB77-SSA1, s. 4613
8Section
4613. 562.05 (6m) (e) (intro.) of the statutes is amended to read:
SB77-SSA1,1758,119
562.05
(6m) (e) (intro.) The
board
department shall revoke an intertrack
10wagering license if the
board department determines that any of the following
11applies:
SB77-SSA1, s. 4614
12Section
4614. 562.05 (7) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,1758,1613
562.05
(7) (a) (intro.) Except as provided under par. (ag), before the
board 14department issues a license under this section, the
board department, with the
15assistance of the department of justice, shall conduct a background investigation of
16the applicant for the license and of any of the following related to the applicant: