AB100: Bill Text Engrossed

AB100-engrossed,2022,19 562.01 (1) "Administrator" means the administrator of the racing division of gaming.

AB100-engrossed, s. 4551 Section 4551. 562.01 (4) of the statutes is created to read:

AB100-engrossed,2022,21 562.01 (4) "Department" means the department of administration.

AB100-engrossed, s. 4552 Section 4552. 562.01 (4m) of the statutes is created to read:

AB100-engrossed,2022,24 562.01 (4m) "Division of gaming" means the division of gaming in the department.

AB100-engrossed, s. 4553 Section 4553. 562.01 (14) of the statutes is amended to read:

AB100-engrossed,2023,2 562.01 (14) "Steward" means any person appointed, contracted for or approved by the board department under s. 562.02 (1) (fm).

AB100-engrossed, s. 4554 Section 4554. 562.017 of the statutes is created to read:

AB100-engrossed,2023,4 562.017 Racing security. The department may do any of the following:

AB100-engrossed,2023,6 (1) Provide all of the security services for the racing operations under this chapter.

AB100-engrossed,2023,7 (2) Monitor the regulatory compliance of racing operations under this chapter.

AB100-engrossed,2023,8 (3) Audit the racing operations under this chapter.

AB100-engrossed,2023,9 (4) Investigate suspected violations of this chapter.

AB100-engrossed,2023,11 (5) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

AB100-engrossed,2023,14 (6) If the division of criminal investigation in the department of justice chooses not to investigate a report under sub. (5), coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.

AB100-engrossed, s. 4555 Section 4555. 562.02 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,2023,16 562.02 (1) (intro.) The board department shall:

AB100-engrossed, s. 4556 Section 4556. 562.02 (1) (a) of the statutes is amended to read:

AB100-engrossed,2023,21 562.02 (1) (a) Regulate racing and on-track pari-mutuel wagering in this state and shall promulgate all rules necessary to administer this chapter. The board department shall do everything necessary to ensure that the public interest is protected in relation to racing.

AB100-engrossed, s. 4557 Section 4557. 562.02 (1) (am) (intro.) of the statutes is amended to read:

AB100-engrossed,2024,2 562.02 (1) (am) (intro.) Administer the issuance of licenses. The board department may not issue any license under s. 562.05 (1) (a) to (c) without a hearing. The board department shall determine which occupations related to racing require licensing, except that the board department shall require licenses for the following:

AB100-engrossed, s. 4558 Section 4558. 562.02 (1) (d) of the statutes is amended to read:

AB100-engrossed,2024,7 562.02 (1) (d) Require by rule that any contract in excess of $10,000 for the provision of goods and services, including but not limited to concessions contracts, entered into by any licensee, be subject to the approval of the board department and that all contracts for $10,000 or less shall be filed with the board department.

AB100-engrossed, s. 4559 Section 4559. 562.02 (1) (f) of the statutes is amended to read:

AB100-engrossed,2024,14 562.02 (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-engrossed, s. 4560 Section 4560. 562.02 (1) (h) of the statutes is amended to read:

AB100-engrossed,2024,19 562.02 (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-engrossed, s. 4561 Section 4561. 562.02 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,2024,21 562.02 (2) (intro.) The board department may:

AB100-engrossed, s. 4562 Section 4562. 562.02 (2) (a) of the statutes is amended to read:

AB100-engrossed,2025,3 562.02 (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-engrossed, s. 4563 Section 4563. 562.02 (2) (b) of the statutes is amended to read:

AB100-engrossed,2025,8 562.02 (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-engrossed, s. 4564 Section 4564. 562.02 (2) (e) 3. of the statutes is amended to read:

AB100-engrossed,2025,11 562.02 (2) (e) 3. Is determined by the board department to be a threat to the integrity of racing in this state.

AB100-engrossed, s. 4565 Section 4565. 562.02 (2) (f) of the statutes is amended to read:

AB100-engrossed,2025,21 562.02 (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-engrossed, s. 4566 Section 4566. 562.02 (2) (fm) of the statutes is amended to read:

AB100-engrossed,2025,25 562.02 (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-engrossed, s. 4567 Section 4567. 562.02 (2) (g) of the statutes is amended to read:

AB100-engrossed,2026,7 562.02 (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-engrossed, s. 4568 Section 4568. 562.02 (4) of the statutes is amended to read:

AB100-engrossed,2026,11 562.02 (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-engrossed, s. 4569 Section 4569. 562.025 (1) (intro.) of the statutes is repealed and recreated to read:

AB100-engrossed,2026,19 562.025 (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-engrossed, s. 4570 Section 4570. 562.025 (1) (e) of the statutes is amended to read:

AB100-engrossed,2026,23 562.025 (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-engrossed, s. 4571 Section 4571. 562.025 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,2027,4 562.025 (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-engrossed, s. 4572 Section 4572. 562.025 (2) (a) of the statutes is amended to read:

AB100-engrossed,2027,9 562.025 (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-engrossed, s. 4573 Section 4573. 562.025 (2) (e) of the statutes is amended to read:

AB100-engrossed,2027,14 562.025 (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-engrossed, s. 4574 Section 4574. 562.03 (1) (a) of the statutes is amended to read:

AB100-engrossed,2027,18 562.03 (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-engrossed, s. 4575 Section 4575. 562.03 (1) (b) of the statutes is amended to read:

AB100-engrossed,2028,2 562.03 (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-engrossed, s. 4576 Section 4576. 562.03 (2) of the statutes is amended to read:

AB100-engrossed,2028,7 562.03 (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-engrossed, s. 4577 Section 4577. 562.03 (3) (a) of the statutes is amended to read:

AB100-engrossed,2028,10 562.03 (3) (a) The board department may employ the staff it considers necessary to administer this chapter.

AB100-engrossed, s. 4578 Section 4578. 562.03 (3) (b) of the statutes is amended to read:

AB100-engrossed,2028,18 562.03 (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-engrossed, s. 4579 Section 4579. 562.04 (1) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,2029,2 562.04 (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-engrossed, s. 4580 Section 4580. 562.04 (1) (a) 1. of the statutes is amended to read:

AB100-engrossed,2029,5 562.04 (1) (a) 1. Ensure that races are conducted under the rules of the board department.

AB100-engrossed, s. 4581 Section 4581. 562.04 (1) (a) 5. of the statutes is amended to read:

AB100-engrossed,2029,7 562.04 (1) (a) 5. Perform any other duty assigned by the board department.

AB100-engrossed, s. 4582 Section 4582. 562.04 (1) (b) (intro.) of the statutes is amended to read:

AB100-engrossed,2029,13 562.04 (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-engrossed, s. 4583 Section 4583. 562.04 (1) (b) 4. of the statutes is amended to read:

AB100-engrossed,2029,22 562.04 (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-engrossed, s. 4584 Section 4584. 562.04 (1) (b) 5. of the statutes is amended to read:

AB100-engrossed,2030,5 562.04 (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-engrossed, s. 4585 Section 4585. 562.04 (1) (b) 6. of the statutes is amended to read:

AB100-engrossed,2030,19 562.04 (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-engrossed, s. 4586 Section 4586. 562.04 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,2030,22 562.04 (2) Other racing officials. (intro.) The board department shall, by rule, specify all of the following:

AB100-engrossed, s. 4587 Section 4587. 562.04 (2) (d) of the statutes is amended to read:

AB100-engrossed,2031,2 562.04 (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-engrossed, s. 4588 Section 4588. 562.045 (intro.) of the statutes is amended to read:

AB100-engrossed,2031,8 562.045 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-engrossed, s. 4589 Section 4589. 562.045 (6) of the statutes is amended to read:

AB100-engrossed,2031,12 562.045 (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-engrossed, s. 4590 Section 4590. 562.05 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,2031,15 562.05 (1) (intro.) No person may engage in any of the following activities without a valid annual license issued by the board department:

AB100-engrossed, s. 4591 Section 4591. 562.05 (1) (d) of the statutes is amended to read:

AB100-engrossed,2031,18 562.05 (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.