AB100,1764,1914
562.09
(2) (b) 2. The
board department shall require, by rule, that immediately
15after every race at least one animal, as identified by the
board department rule, be
16tested to determine if a medication or foreign substance has been administered to the
17animal in violation of sub. (1). A steward or veterinarian employed by, under contract
18with or approved by the
board department may designate additional animals to be
19tested to determine whether a violation of sub. (1) has occurred.
AB100, s. 4652
20Section
4652. 562.09 (2) (bm) of the statutes is amended to read:
AB100,1764,2321
562.09
(2) (bm) The rules which the
board department applies at racetracks
22at fairs under pars. (a) and (b) and sub. (1) may differ from the rules which the
board 23department applies under pars. (a) and (b) and sub. (1) at other racetracks.
AB100, s. 4653
24Section
4653. 562.09 (2) (c) of the statutes is amended to read:
AB100,1765,3
1562.09
(2) (c) Any finding by the
board department that a medication or foreign
2substance has been administered to an animal in violation of sub. (1) is prima facie
3evidence of a violation of sub. (1).
AB100, s. 4654
4Section
4654. 562.09 (2) (d) of the statutes is amended to read:
AB100,1765,65
562.09
(2) (d) The results of any test under this subsection shall be kept on file
6by the
board department for at least one year following the test.
AB100, s. 4655
7Section
4655. 562.09 (2) (e) of the statutes is amended to read:
AB100,1765,118
562.09
(2) (e) The
board department shall establish, by rule, and charge fees
9for testing under this subsection. Fees received under this paragraph shall be
10deposited in credited to the
appropriations appropriation accounts under ss.
20.197
11(1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
AB100, s. 4656
12Section
4656. 562.09 (3) (c) 2. of the statutes is amended to read:
AB100,1765,1413
562.09
(3) (c) 2. That the animal was not properly made available for any test
14or inspection required by the
board department.
AB100, s. 4657
15Section
4657. 562.09 (3) (em) of the statutes is amended to read:
AB100,1765,2116
562.09
(3) (em) Unless the person is a veterinarian, have in his or her
17possession on a racetrack or track located at a fair where there is racing any
18equipment for the hypodermic injection of an animal or any substance for
19hypodermic injection of an animal. The
board department may, by rule, permit the
20possession of an injectable substance or hypodermic equipment for the person's
21personal use.
AB100, s. 4658
22Section
4658. 562.09 (3) (f) of the statutes is amended to read:
AB100,1766,223
562.09
(3) (f) Have in his or her possession on a racetrack any appliance which
24can be used to stimulate or affect the speed of an animal except a whip authorized
1by the
board department by rule or a spur authorized by the
board department by
2rule.
AB100, s. 4659
3Section
4659. 562.105 of the statutes is amended to read:
AB100,1766,8
4562.105 Humane killing of dogs. No person may kill or cause to be killed
5any dog which races in this state or was bred, whelped or trained in this state for
6racing, except by a humane chemical method, specified by the
board department by
7rule, which normally causes dogs to be rendered insensible to pain, is rapid and
8effective and is administered by a veterinarian.
AB100, s. 4660
9Section
4660. 562.12 (1) of the statutes is amended to read:
AB100,1766,1110
562.12
(1) Race an animal under a name other than its registered name or out
11of the animal's proper class, as determined by the
board department by rule.
AB100, s. 4661
12Section
4661. 562.12 (3) of the statutes is amended to read:
AB100,1766,1513
562.12
(3) Bribe or extort, or attempt to bribe or extort, any member, employe
14or agent of the
board department or any other person having charge of or access to
15an animal on a racetrack.
AB100, s. 4662
16Section
4662. 562.124 (1) of the statutes is amended to read:
AB100,1766,1917
562.124
(1) The
board department may authorize on-track pari-mutuel
18wagering on snowmobile racing at times and places, as determined by the
board 19department, that do not conflict with other racing authorized by this chapter.
AB100, s. 4663
20Section
4663. 562.124 (2) of the statutes is amended to read:
AB100,1767,221
562.124
(2) If the
board department authorizes on-track pari-mutuel
22wagering on snowmobile racing under sub. (1), the
board department shall regulate
23the pari-mutuel wagering and shall promulgate all rules necessary to administer
24this section. Through its rules, the
board department shall do everything necessary
1to ensure the public interest and protect the integrity of the sport of snowmobile
2racing.
AB100, s. 4664
3Section
4664. 563.03 (5) of the statutes is created to read:
AB100,1767,44
563.03
(5) "Department" means the department of administration.
AB100, s. 4665
5Section
4665. 563.03 (5m) of the statutes is created to read:
AB100,1767,76
563.03
(5m) "Division of gaming" means the division of gaming in the
7department.
AB100, s. 4666
8Section
4666. Subchapter II (title) of chapter 563 [precedes 563.04] of the
9statutes is repealed and recreated to read:
AB100,1767,10
10CHAPTER 563
AB100,1767,12
11SUBCHAPTER II
12
DUTIES AND POWERS
AB100, s. 4667
13Section
4667. 563.04 (intro.) of the statutes is amended to read:
AB100,1767,15
14563.04 (title)
General duties of the board department. (intro.) The
board 15department shall:
AB100, s. 4668
16Section
4668. 563.05 (title) of the statutes is amended to read:
AB100,1767,17
17563.05 (title)
Powers and duties of board department.
AB100, s. 4669
18Section
4669. 563.05 (2) of the statutes is amended to read:
AB100,1767,2219
563.05
(2) The
board department may promulgate rules requiring holders of
20licenses issued under this chapter to post a notice in a conspicuous place where a
21bingo occasion or raffle drawing is conducted describing the procedures for filing a
22complaint against the holder.
AB100, s. 4670
23Section
4670. 563.05 (3) of the statutes is amended to read:
AB100,1768,224
563.05
(3) The
board department may promulgate rules specifying the number
25of business days within which the
board department must review and make a
1determination on an application for a permit, as defined in s. 560.41 (2), that is issued
2under this chapter.
AB100, s. 4671
3Section
4671. 563.05 (4) of the statutes is amended to read:
AB100,1768,74
563.05
(4) The
board department may promulgate rules defining procedures
5to be used by the
board department for receiving, filing and investigating complaints,
6for commencing disciplinary proceedings and for conducting hearings under this
7chapter.
AB100, s. 4672
8Section
4672. 563.05 (5) (intro.) of the statutes is repealed and recreated to
9read:
AB100,1768,1510
563.05
(5) (intro.) No employe in the division of gaming who performs any duty
11related to bingo or raffles or the executive assistant or the secretary or deputy
12secretary of administration and no member of such a person's immediate family, as
13defined in s. 19.42 (7), may, while that person is employed or serves in such a capacity
14or for 2 years following the termination of his or her employment with the
15department after having served in such a capacity, do any of the following:
AB100, s. 4673
16Section
4673. 563.05 (6) of the statutes is amended to read:
AB100,1768,1917
563.05
(6) The
board department shall
deposit credit all moneys received by the
18board department under this chapter, except s. 563.80,
in to the appropriation
19account under s.
20.197 (1) 20.505 (8) (j) .
AB100, s. 4674
20Section
4674. 563.051 of the statutes is created to read:
AB100,1768,22
21563.051 Bingo and raffle security. The department may do any of the
22following:
AB100,1768,24
23(1) Provide all of the security services for the bingo and raffle operations under
24this chapter.
AB100,1769,2
1(2) Monitor the regulatory compliance of bingo and raffle operations under this
2chapter.
AB100,1769,3
3(3) Audit the bingo and raffle operations under this chapter.
AB100,1769,4
4(4) Investigate suspected violations of this chapter.
AB100,1769,6
5(5) Report suspected gaming-related criminal activity to the division of
6criminal investigation in the department of justice for investigation by that division.
AB100,1769,9
7(6) If the division of criminal investigation in the department of justice chooses
8not to investigate a report under sub. (5), coordinate an investigation of the suspected
9criminal activity with local law enforcement officials and district attorneys.
AB100, s. 4675
10Section
4675. 563.052 of the statutes is amended to read:
AB100,1769,13
11563.052 Council on charitable gaming. The council on charitable gaming
12shall advise the
board department on all matters relating to the conduct of bingo and
13raffles under this chapter.
AB100, s. 4676
14Section
4676. 563.055 (1) of the statutes is amended to read:
AB100,1769,1915
563.055
(1) If the holder of a license issued under this chapter pays a fee
16required under s. 563.13 (4), 563.22 (2) or 563.92 (2) by check and the check is not
17paid by the bank upon which the check is drawn, the
board department may cancel
18the license on or after the 60th day after the
board
department receives the notice
19from the bank, subject to sub. (2).
AB100, s. 4677
20Section
4677. 563.055 (2) (intro.) of the statutes is amended to read:
AB100,1769,2421
563.055
(2) (intro.) At least 20 days before canceling a license, the
board 22department shall mail a notice to the holder that informs the holder that the check
23was not paid by the bank and that the holder's license may be canceled on the date
24determined under sub. (1) unless the holder does all of the following before that date:
AB100, s. 4678
25Section
4678. 563.055 (3) of the statutes is amended to read:
AB100,1770,3
1563.055
(3) Nothing in sub. (1) or (2) prohibits the
board department from
2extending the date for cancellation to allow the holder additional time to comply with
3sub. (2) (a) and (b).
AB100, s. 4679
4Section
4679. 563.055 (5) of the statutes is amended to read:
AB100,1770,75
563.055
(5) The
board department may reinstate a license that has been
6canceled under this section only if the previous holder complies with sub. (2) (a) and
7(b) and pays a $30 reinstatement fee.
AB100, s. 4680
8Section
4680. 563.10 of the statutes is amended to read:
AB100,1770,17
9563.10 Rules governing commingling of receipts restricted. 10Notwithstanding ss. 227.11 (2), 227.24 (1) (a) and 563.04 (3), the
board department 11may not promulgate any emergency rule relating to the commingling of bingo and
12raffle receipts unless it can clearly establish that commingling will occur without
13such rule and that the rule will effectively prevent commingling. The
board 14department shall set forth any such finding in its proposed rule. If upon review
15under s. 227.40, the court finds that the finding of fact upon which any emergency
16rule relating to such commingling is based is unsupported by clear and convincing
17evidence, the rule is invalid.
AB100, s. 4681
18Section
4681. 563.12 (intro.) of the statutes is amended to read:
AB100,1770,22
19563.12 Bingo license application. (intro.) Each applicant for a license to
20conduct bingo shall file with the
board department an application on a form
21prescribed by the
board department. Except as provided in s. 563.135, the
22application shall include:
AB100, s. 4682
23Section
4682. 563.12 (2) of the statutes is amended to read:
AB100,1771,3
1563.12
(2) Sufficient facts relating to the incorporation or organization of the
2applicant to enable the
board department to determine if the applicant is eligible for
3a license under this subchapter.
AB100, s. 4683
4Section
4683. 563.14 (intro.) of the statutes is amended to read:
AB100,1771,8
5563.14 (title)
Board Department determinations. (intro.) Upon receipt
6of an application for a license to conduct bingo, the
board department shall
7investigate the qualifications of the applicant and the merits of the application and
8before issuing a license shall determine that:
AB100, s. 4684
9Section
4684. 563.14 (2) of the statutes is amended to read:
AB100,1771,1410
563.14
(2) The supervising member and member responsible for the proper
11utilization of gross receipts are active members of the applicant organization who,
12subject to ss. 111.321, 111.322 and 111.335, have never been convicted of a felony or,
13if convicted, have received a pardon or have been released from parole
, community
14supervision or probation for at least 5 years.
AB100, s. 4685
15Section
4685. 563.15 (1) of the statutes is amended to read:
AB100,1771,2316
563.15
(1) After making the determinations under s. 563.14, the
board 17department shall either notify the applicant organization in writing why a license
18is not being issued or issue a license to such applicant organization authorizing it to
19conduct bingo at the times and places set forth in the license. Except as provided in
20sub. (1m), a license issued under this subsection shall be effective for one year from
21the first day of the month of the first occasion listed on the license and may be
22renewed annually, except that an applicant organization may request that the
23license expire on the first day of any month within the one-year licensure period.
AB100, s. 4686
24Section
4686. 563.15 (1m) of the statutes is amended to read:
AB100,1772,3
1563.15
(1m) A license issued under sub. (1) to an organization listed under s.
2563.11 (1) (b) to (d) shall remain in effect unless it is canceled, suspended or revoked
3by the
board department or withdrawn by the organization.
AB100, s. 4687
4Section
4687. 563.16 of the statutes is amended to read:
AB100,1772,15
5563.16 Amendment of license to conduct bingo. Upon application by a
6licensed organization, a license may be amended, if the subject matter of the
7amendment properly and lawfully could have been included in the original license.
8An application for an amendment to a license shall be filed and processed in the same
9manner as an original application. An application for the amendment of a license
10shall be accompanied by a $3 fee. If any application for amendment seeks approval
11of additional bingo occasions or designates a new member responsible for the proper
12utilization of gross receipts, the appropriate fee under s. 563.13 (4) also shall be paid.
13If the
board department approves an application for an amendment to a license, a
14copy of the amendment shall be sent to the applicant who shall attach it to the
15original license.
AB100, s. 4688
16Section
4688. 563.17 of the statutes is amended to read:
AB100,1773,2
17563.17 Denial of application; hearing. If the
board department denies a
18license to conduct bingo, within 30 days after receiving written notification of such
19denial, an applicant may demand in writing a hearing before the
board department 20upon the applicant's qualifications and the merit of the application. At the hearing,
21the burden of proof shall be on the applicant to establish his or her eligibility for a
22license. If, after the hearing, the
board department enters an order denying the
23application, the order shall set forth in detail the reasons for the denial. Upon entry
24of such an order or upon the expiration of the 30-day period during which a hearing
25may be demanded, the applicant's license fee shall be refunded less reasonable
1administrative costs. If the
board department approves the application, the
board 2department shall issue the license within 14 days after approval.
AB100, s. 4689
3Section
4689. 563.18 (1) of the statutes is amended to read:
AB100,1773,64
563.18
(1) Proceedings to suspend or revoke a supplier's license or a license to
5conduct bingo shall be initiated by the
board department pursuant to the rules
6promulgated under s. 563.05 (4).
AB100, s. 4690
7Section
4690. 563.18 (3) of the statutes is amended to read:
AB100,1773,98
563.18
(3) The
board's department's decision under this section is subject to
9judicial review under ch. 227.
AB100, s. 4691
10Section
4691. 563.18 (4) of the statutes is amended to read:
AB100,1773,1611
563.18
(4) When a license under this subchapter is suspended or revoked by
12the
board department, the licensee shall immediately surrender the license to the
13board department. A licensee whose license has been revoked may reapply for a
14license one year after the effective date of the revocation. If a license has been
15suspended under sub. (3), the
board department shall reinstate the license at the end
16of the period of suspension.
AB100, s. 4692
17Section
4692. 563.21 of the statutes is amended to read: