Amendment SSA1-SB77

SB77-SSA1, s. 4601 Section 4601. 562.05 (3wt) of the statutes is amended to read:

SB77-SSA1,1755,18 562.05 (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.

SB77-SSA1, s. 4602 Section 4602. 562.05 (4) of the statutes is amended to read:

SB77-SSA1,1755,23 562.05 (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.

SB77-SSA1, s. 4603 Section 4603. 562.05 (4m) (intro.) of the statutes is amended to read:

SB77-SSA1,1756,3 562.05 (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:

SB77-SSA1, s. 4604 Section 4604. 562.05 (5) (a) 5. of the statutes is amended to read:

SB77-SSA1,1756,8 562.05 (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.

SB77-SSA1, s. 4605 Section 4605. 562.05 (5) (a) 6. of the statutes is amended to read:

SB77-SSA1,1756,12 562.05 (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.

SB77-SSA1, s. 4607 Section 4607. 562.05 (5) (b) 4. of the statutes is amended to read:

SB77-SSA1,1756,19 562.05 (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.

SB77-SSA1, s. 4608 Section 4608. 562.05 (5) (c) 2. of the statutes is amended to read:

SB77-SSA1,1757,10 562.05 (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.

SB77-SSA1, s. 4609 Section 4609. 562.05 (6m) (b) (intro.) of the statutes is amended to read:

SB77-SSA1,1757,14 562.05 (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:

SB77-SSA1, s. 4610 Section 4610. 562.05 (6m) (b) 2. of the statutes is amended to read:

SB77-SSA1,1757,21 562.05 (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.

SB77-SSA1, s. 4611 Section 4611. 562.05 (6m) (c) of the statutes is amended to read:

SB77-SSA1,1757,25 562.05 (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.

SB77-SSA1, s. 4612 Section 4612. 562.05 (6m) (d) of the statutes is amended to read:

SB77-SSA1,1758,7 562.05 (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.

SB77-SSA1, s. 4613 Section 4613. 562.05 (6m) (e) (intro.) of the statutes is amended to read:

SB77-SSA1,1758,11 562.05 (6m) (e) (intro.) The board department shall revoke an intertrack wagering license if the board department determines that any of the following applies:

SB77-SSA1, s. 4614 Section 4614. 562.05 (7) (a) (intro.) of the statutes is amended to read:

SB77-SSA1,1758,16 562.05 (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:

SB77-SSA1, s. 4615 Section 4615. 562.05 (7) (ag) (intro.) of the statutes is amended to read:

SB77-SSA1,1758,24 562.05 (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:

SB77-SSA1, s. 4617 Section 4617. 562.05 (7) (b) of the statutes is amended to read:

SB77-SSA1,1759,6 562.05 (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.

SB77-SSA1, s. 4618 Section 4618. 562.05 (7) (bg) of the statutes is amended to read:

SB77-SSA1,1759,13 562.05 (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.

SB77-SSA1, s. 4619 Section 4619. 562.05 (8) (a) of the statutes is amended to read:

SB77-SSA1,1759,16 562.05 (8) (a) The board department may revoke or suspend a license for good cause after notice and hearing under s. 227.44.

SB77-SSA1, s. 4620 Section 4620. 562.05 (8) (b) of the statutes is amended to read:

SB77-SSA1,1759,21 562.05 (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).

SB77-SSA1, s. 4621 Section 4621. 562.05 (8) (c) of the statutes is amended to read:

SB77-SSA1,1759,24 562.05 (8) (c) The board department shall permanently revoke the license of any licensee who violates s. 562.105.

SB77-SSA1, s. 4624 Section 4624. 562.05 (9) (a) of the statutes is amended to read:

SB77-SSA1,1760,3 562.05 (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.

SB77-SSA1, s. 4625 Section 4625. 562.05 (9) (b) of the statutes is amended to read:

SB77-SSA1,1760,10 562.05 (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).

SB77-SSA1, s. 4626 Section 4626. 562.05 (10) of the statutes is amended to read:

SB77-SSA1,1760,15 562.05 (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.

SB77-SSA1, s. 4627 Section 4627. 562.057 (1) of the statutes is amended to read:

SB77-SSA1,1760,19 562.057 (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.

SB77-SSA1, s. 4628 Section 4628. 562.057 (4) of the statutes is amended to read:

SB77-SSA1,1761,4 562.057 (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.

SB77-SSA1, s. 4629 Section 4629. 562.057 (4m) (intro.) of the statutes is amended to read:

SB77-SSA1,1761,8 562.057 (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:

SB77-SSA1, s. 4630 Section 4630. 562.057 (5) of the statutes is amended to read:

SB77-SSA1,1761,11 562.057 (5) The board department shall promulgate rules administering sub. (4).

SB77-SSA1, s. 4631 Section 4631. 562.065 (1) of the statutes is amended to read:

SB77-SSA1,1761,15 562.065 (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.

SB77-SSA1, s. 4632 Section 4632. 562.065 (3) (a) of the statutes is amended to read:

SB77-SSA1,1762,2 562.065 (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.

SB77-SSA1, s. 4633 Section 4633. 562.065 (3) (c) 1. (intro.) of the statutes is amended to read:

SB77-SSA1,1762,6 562.065 (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:

SB77-SSA1, s. 4634 Section 4634. 562.065 (3) (c) 2. of the statutes is repealed.

SB77-SSA1, s. 4635 Section 4635. 562.065 (3) (c) 2g. (intro.) of the statutes is amended to read:

SB77-SSA1,1762,11 562.065 (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:

SB77-SSA1, s. 4636 Section 4636. 562.065 (3) (c) 4. of the statutes is amended to read:

SB77-SSA1,1762,20 562.065 (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.

SB77-SSA1, s. 4637 Section 4637. 562.065 (3) (d) 1. of the statutes is amended to read:

SB77-SSA1,1762,24 562.065 (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.

SB77-SSA1, s. 4638 Section 4638. 562.065 (3) (d) 2. of the statutes is amended to read:

SB77-SSA1,1763,3 562.065 (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).

SB77-SSA1, s. 4639 Section 4639. 562.065 (3m) (c) 1. of the statutes is amended to read:

SB77-SSA1,1763,10 562.065 (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.

SB77-SSA1, s. 4640 Section 4640. 562.065 (3m) (c) 2. of the statutes is amended to read:

SB77-SSA1,1763,17 562.065 (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).

SB77-SSA1, s. 4641 Section 4641. 562.065 (3r) of the statutes is amended to read:

SB77-SSA1,1763,23 562.065 (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.

SB77-SSA1, s. 4642 Section 4642. 562.065 (4) of the statutes is amended to read:

SB77-SSA1,1764,5 562.065 (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).

SB77-SSA1, s. 4643 Section 4643. 562.075 (1) of the statutes is amended to read:

SB77-SSA1,1764,12 562.075 (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".

SB77-SSA1, s. 4644 Section 4644. 562.077 of the statutes is amended to read:

SB77-SSA1,1764,18 562.077 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.

SB77-SSA1, s. 4645 Section 4645. 562.08 (3) of the statutes is amended to read:

SB77-SSA1,1764,24 562.08 (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.

SB77-SSA1, s. 4646 Section 4646. 562.09 (1) (title) of the statutes is amended to read:

SB77-SSA1,1765,1 562.09 (1) (title) Board Department rules.

SB77-SSA1, s. 4647 Section 4647. 562.09 (1) (a) of the statutes is amended to read:

SB77-SSA1,1765,21 562.09 (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.

SB77-SSA1, s. 4648 Section 4648. 562.09 (1) (b) of the statutes is amended to read:

SB77-SSA1,1765,24 562.09 (1) (b) The board department shall establish, by rule, the qualifications for any laboratory which the board department uses for testing under this section.

SB77-SSA1, s. 4649 Section 4649. 562.09 (2) (a) of the statutes is amended to read:

SB77-SSA1,1766,5 562.09 (2) (a) The owner or the agent or employe of the owner of any animal on a racetrack shall permit any member, steward, employe or other agent of the board department to make any test which the board department determines to be proper to determine if a medication or foreign substance has been administered to that animal in violation of sub. (1).