Amendment ASA1-AB100

AB100-ASA1, s. 2422g Section 2422g. 562.05 (2m) of the statutes is amended to read:

AB100-ASA1,896,2 562.05 (2m) In issuing a license to own and operate a racetrack not at a fair, the department shall consider the competitive effects on any other licensee under sub. (1) (a) or, (b), or (bm). These competitive effects shall include, but not be restricted to, the impact on the economic viability of existing licensed racetracks and the jobs that have been created by such licensed racetracks.

AB100-ASA1, s. 2422h Section 2422h. 562.05 (3) of the statutes is amended to read:

AB100-ASA1,896,13 562.05 (3) No person may hold more than one license issued under sub. (1) (a) that authorizes ownership and operation of a racetrack at which pari-mutuel wagering is conducted and one license issued under sub. (1) (b) or (c) that authorizes sponsorship and management of any race on which pari-mutuel wagering is conducted. If the applicant for any of those licenses is a corporation, association, limited liability company or partnership, the department shall determine whether the applicant is the same person as another licensee for the purpose of applying this subsection. Nothing in this subsection prohibits any person with a license under sub. (1) from contracting for services with any other person with a license under sub. (1), subject to any rules promulgated by the department.

AB100-ASA1, s. 2422i Section 2422i. 562.05 (3r) of the statutes is renumbered 562.05 (3r) (a) and amended to read:

AB100-ASA1,897,2 562.05 (3r) (a) The Except as provided under par. (b), the application for the first license under sub. (1) (a) or (bm) to be issued for any location shall be accompanied by a resolution, supporting the proposed location of the racetrack and its ownership and operation by the applicant, which has been adopted, after a public hearing, by the governing body of the city, village or town where the racetrack is proposed to be located. A common council may not adopt such a resolution if an ordinance prohibiting the location of a racetrack at the proposed location has been adopted under s. 9.20 before May 3, 1988, or a petition for such an ordinance has been filed, under s. 9.20, before May 3, 1988. Except as provided in this subsection, no ordinance adopted under s. 9.20 or 66.0101 may prohibit the location of a racetrack in any city or village.

AB100-ASA1, s. 2422j Section 2422j. 562.05 (3r) (b) of the statutes is created to read:

AB100-ASA1,897,6 562.05 (3r) (b) The requirements under par. (a) do not apply to an application for the first license under sub. (1) (bm) for a location if a license under sub. (1) (a) has been issued for the location.

AB100-ASA1, s. 2422L Section 2422L. 562.05 (3wr) of the statutes is renumbered 562.05 (3wr) (a) and amended to read:

AB100-ASA1,897,12 562.05 (3wr) (a) The Except as provided under par. (b), the first license issued to each applicant under sub. (1) (a) or (bm) for each racetrack expires after 5 years. Any subsequent license issued to the same applicant for that racetrack expires after one year.

AB100-ASA1, s. 2422m Section 2422m. 562.05 (3wr) (b) of the statutes is created to read:

AB100-ASA1,897,16 562.05 (3wr) (b) A first license issued to an applicant under sub. (1) (bm) for a racetrack expires after one year if the applicant held a license under sub. (1) (a) for the racetrack at the time of application for the license under sub. (1) (bm).

AB100-ASA1, s. 2422n Section 2422n. 562.05 (3wt) of the statutes is amended to read:

AB100-ASA1,897,22 562.05 (3wt) In the first license issued to each applicant under sub. (1) (a) or (bm) for each racetrack, the 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 department may change a specified date to an earlier or later date pursuant to rules of the department.

AB100-ASA1, s. 2422o Section 2422o. 562.05 (4m) (c) of the statutes is amended to read:

AB100-ASA1,897,25 562.05 (4m) (c) The license will not create competition that will adversely affect any other licensee under sub. (1) (a) or, (b), or (bm).

AB100-ASA1, s. 2422om Section 2422om. 562.05 (4r) of the statutes is created to read:

AB100-ASA1,898,4 562.05 (4r) Except as provided under subs. (3) to (3r) and (4), the department may issue a license under sub. (1) (bm) if the department determines that the conditions under subs. (3w) (a) to (d) and (4m) (a) to (c) are satisfied.

AB100-ASA1, s. 2422p Section 2422p. 562.05 (5) (c) 2. of the statutes is amended to read:

AB100-ASA1,898,19 562.05 (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 department of the change and provide the affidavit under subd. 1. After an application for a license under sub. (1) (a) or, (b), or (bm) is made or after a license under sub. (1) (a) or, (b), or (bm) 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 department. The 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 department under this subdivision.

AB100-ASA1, s. 2422q Section 2422q. 562.05 (6m) (a) 1. of the statutes is amended to read:

AB100-ASA1,899,2 562.05 (6m) (a) 1. An application for an intertrack wagering license shall identify each licensee under sub. (1) (b) or (bm) on whose races the applicant proposes to conduct intertrack wagering and, except as provided in subd. 2., shall be accompanied by a statement, signed by each licensee that is identified in the application, giving consent to the applicant to conduct intertrack wagering on all races that are simulcast by the licensee during the licensee's race meeting.

AB100-ASA1, s. 2422r Section 2422r. 562.05 (6m) (a) 2. of the statutes is amended to read:

AB100-ASA1,899,9 562.05 (6m) (a) 2. A licensee under sub. (1) (b) or (bm) who signs a statement specified in subd. 1. is considered to have given consent to all applicants for intertrack wagering licenses to conducting intertrack wagering on all races that are simulcast by the licensee during the licensee's race meeting, and no similar statements signed by that licensee need be filed by other applicants for intertrack wagering licenses who propose to conduct intertrack wagering on those races.

AB100-ASA1, s. 2422s Section 2422s. 562.05 (6m) (b) 1. of the statutes is amended to read:

AB100-ASA1,899,11 562.05 (6m) (b) 1. The applicant is licensed under sub. (1) (a) or, (b), or (bm).

AB100-ASA1, s. 2422t Section 2422t. 562.05 (6m) (b) 2. of the statutes is amended to read:

AB100-ASA1,899,17 562.05 (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), or (bm) during the calendar year immediately preceding the year in which the applicant proposes to conduct intertrack wagering. The department may waive the requirement in this subdivision if the department determines that the waiver is in the public interest.

AB100-ASA1, s. 2422tm Section 2422tm. 562.05 (6m) (b) 3. of the statutes is repealed.

AB100-ASA1, s. 2422u Section 2422u. 562.05 (6m) (e) of the statutes is repealed.

AB100-ASA1, s. 2422um Section 2422um. 562.05 (9) (a) of the statutes is amended to read:

AB100-ASA1,899,24 562.05 (9) (a) Every license issued under sub. (1) (b), (bm), or (c) authorizing the sponsorship or management of a race 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 department.

AB100-ASA1, s. 2422v Section 2422v. 562.05 (9) (b) of the statutes is amended to read:

AB100-ASA1,900,6 562.05 (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 department shall consider the competitive effects on licensees under sub. (1) (a) and, (b), and (bm).

AB100-ASA1, s. 2422vm Section 2422vm. 562.05 (10) of the statutes is amended to read:

AB100-ASA1,900,11 562.05 (10) The department shall revoke the license issued under sub. (1) (a) or (bm) 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. 2422w Section 2422w. 562.057 (4) of the statutes is amended to read:

AB100-ASA1,900,21 562.057 (4) Subject to sub. (4m), the department may permit a licensee under s. 562.05 (1) (b) or (bm) 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 department may permit a licensee under s. 562.05 (1) (b) or (bm) 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. 2422wm Section 2422wm. 562.057 (4m) (intro.) of the statutes is amended to read:

AB100-ASA1,900,25 562.057 (4m) (intro.) The department may not permit a licensee under s. 562.05 (1) (b) or (bm) to receive simulcast races under sub. (4) unless the department determines that all of the following conditions are met:

AB100-ASA1, s. 2422x Section 2422x. 562.057 (4m) (bm) of the statutes, as created by 2003 Wisconsin Act 33, is repealed.

AB100-ASA1, s. 2422xm Section 2422xm. 562.057 (4r) of the statutes is created to read:

AB100-ASA1,901,6 562.057 (4r) The department may not impose a fee on a licensee under s. 562.05 (1) (a), (b), (bm), or (e) for receiving a simulcast race from an out-of-state racetrack or for simulcasting a race to an out-of-state legal wagering entity.

AB100-ASA1, s. 2422y Section 2422y. 562.058 of the statutes is created to read:

AB100-ASA1,901,11 562.058 Video gaming devices for pari-mutuel racing. A licensee under s. 562.05 (1) (b) or (bm) may operate video gaming devices to conduct pari-mutuel wagering on dog or horse races that have been previously conducted at a racetrack or out-of-state racetrack and that are visually displayed on the gaming device.

AB100-ASA1, s. 2423c Section 2423c. 562.065 (3) (a) of the statutes is amended to read:

AB100-ASA1,901,22 562.065 (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), (bm), and (c) shall deduct 17% or an amount approved by the 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 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. 2423d Section 2423d. 562.065 (3) (b) 1. of the statutes is amended to read:

AB100-ASA1,902,5 562.065 (3) (b) 1. For horse races, from the total amount deducted under par. (a) on each race day, the licensee under s. 562.05 (1) (b) or (bm) shall use at least an amount equal to 8% of the total amount wagered on each race day for purses for races held on that race day, except as provided in s. 562.057 (4). The licensee shall pay purses directly to the owner of a horse or, if a horse is leased, the licensee shall pay the purse directly to the lessor and lessee of the horse as agreed in a written lease agreement on file with the licensee.

AB100-ASA1, s. 2423e Section 2423e. 562.065 (3) (b) 2. of the statutes is amended to read:

AB100-ASA1,902,14 562.065 (3) (b) 2. For dog races, from the total amount deducted under par. (a) on each race day, the licensee under s. 562.05 (1) (b) or (bm) shall use at least an amount equal to 4.5% of the total amount wagered on each race day for purses, except as provided in s. 562.057 (4). Purses shall be paid on or before Thursday of the calendar week immediately following the race day on which the purses are won. The licensee shall pay purses directly to the owner of a dog or, if a dog is leased, the licensee shall pay the purse directly to the lessor and lessee of the dog as agreed in a written lease agreement on file with the licensee.

AB100-ASA1, s. 2423f Section 2423f. 562.065 (3) (c) 1. (intro.) of the statutes is amended to read:

AB100-ASA1,902,18 562.065 (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) or (bm) shall deposit with the department the following amounts:

AB100-ASA1, s. 2423g Section 2423g. 562.065 (3) (c) 2g. (intro.) of the statutes is amended to read:

AB100-ASA1,902,22 562.065 (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) or (bm) shall deposit with the department the following amounts:

AB100-ASA1, s. 2423gm Section 2423gm. 562.065 (3) (c) 4. of the statutes is amended to read:

AB100-ASA1,903,6 562.065 (3) (c) 4. Annually, not later than February 15, a licensee under s. 562.05 (1) (b) or (bm) shall file with the department a statement computing the total amount paid to the 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 department under subd. 1. exceeds the amount due under subd. 1. the 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 department.

AB100-ASA1, s. 2423h Section 2423h. 562.065 (3) (d) 1. of the statutes is amended to read:

AB100-ASA1,903,10 562.065 (3) (d) 1. From the total amount deducted under par. (a) on each race day, a licensee under s. 562.05 (1) (b) or (bm) shall deposit with the department an amount equal to 0.75% of the total amount wagered on that race day.

AB100-ASA1, s. 2423i Section 2423i. 562.065 (3) (e) of the statutes is amended to read:

AB100-ASA1,903,13 562.065 (3) (e) Breakage. A licensee under s. 562.05 (1) (b) or (bm) may retain 100% of the breakage for each race day.

AB100-ASA1, s. 2423j Section 2423j. 562.065 (4) of the statutes is amended to read:

AB100-ASA1,903,20 562.065 (4) Unclaimed prizes. A licensee under s. 562.05 (1) (b) or (bm) shall pay to the department 50% of any winnings on a race that are not claimed within 90 days after the end of the period authorized for racing in that year under s. 562.05 (9). The department shall credit moneys received under this subsection to the appropriation accounts under ss. 20.455 (2) (g) and 20.505 (8) (g). The licensee may retain the remaining 50% of the winnings.

AB100-ASA1, s. 2423k Section 2423k. 562.075 (1) of the statutes is amended to read:

AB100-ASA1,904,2 562.075 (1) Horses foaled in this state. Every licensee to sponsor and manage horse races under s. 562.05 (1) (b), (bm), 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 department shall define, by rule, the term "foaled in this state".

AB100-ASA1, s. 2423L Section 2423L. 562.075 (2) (b) of the statutes is amended to read:

AB100-ASA1,904,8 562.075 (2) (b) Races. Every person licensed to sponsor and manage horse races under s. 562.05 (1) (b), (bm), or (c) shall hold at least one race, on every race day, which is limited to 3-year-old horses, which did not race during the prior 2 years. If the licensee is unable, with reasonable effort, to attract sufficient competition for such a race, another race may be substituted.

AB100-ASA1, s. 2423m Section 2423m. 562.08 (1) of the statutes is amended to read:

AB100-ASA1,904,13 562.08 (1) Every licensee under s. 562.05 (1) (a), (bm), or (e) shall collect 50 cents per person entering a racetrack as a spectator on each race day on which an admission fee is charged, including any person entering the racetrack as a spectator on a free pass or complimentary ticket.

AB100-ASA1, s. 2423n Section 2423n. 562.08 (2) of the statutes is amended to read:

AB100-ASA1,904,18 562.08 (2) Quarterly, of the amount collected during the quarter under sub. (1), a licensee under s. 562.05 (1) (a) or (bm) shall pay 50% to the county where the amount was collected and 50% to the city, village or town where the amount was collected.

AB100-ASA1, s. 2423o Section 2423o. 562.11 (2) of the statutes is amended to read:

AB100-ASA1,904,24 562.11 (2) Facilitate off-track wagers or conduct an operation through which off-track wagers are transmitted to a racetrack. The acceptance of an intertrack wager at a racetrack that does not meet the criteria specified under s. 562.05 (6m) (b) 2. or 3. is considered to be the acceptance of an off-track wager and the facilitation of an off-track wager.

AB100-ASA1, s. 2423r Section 2423r. 565.02 (3) (j) of the statutes is created to read:

AB100-ASA1,905,3 565.02 (3) (j) Requiring retailers to display a sign provided by the department under s. 565.27 (5) that provides notice that the top prizes in a scratch-off game have been claimed.

AB100-ASA1, s. 2423v Section 2423v. 565.02 (9) of the statutes is created to read:

AB100-ASA1,905,12 565.02 (9) If the department contracts for a supplier to provide instant lottery ticket vending machines for placement by the department, the department shall place vending machines in passenger terminals of airports in Appleton, Green Bay, La Crosse, Madison, and Milwaukee and in passenger terminals of Amtrak train stations in Milwaukee if a retailer, as defined in s. 565.01 (6), agrees to accept placement of a vending machine in the airport or train station and if the airport or train station administrator allows operation of a vending machine in the airport or train station.

AB100-ASA1, s. 2427 Section 2427. 565.10 (3) (b) of the statutes is amended to read:

AB100-ASA1,905,22 565.10 (3) (b) No lottery retailer contract may be entered into with a person who has been finally adjudged to be delinquent in the payment of taxes under ch. 71, 72, 76, 77, 78, or 139 or, who has been found delinquent in the payment of contributions to the unemployment reserve fund under s. 108.16 in a proceeding under s. 108.10, or who owes a payment to the uninsured employers fund under s. 102.82 or 102.85 (4) or to the work injury supplemental benefit fund under s. 102.49 (5) (a), 102.59 (2), or 102.60 (5) (b) if the person remains delinquent in the payment of liable for those taxes or, contributions, or payments at the time the person seeks to enter into the lottery retailer contract.

AB100-ASA1, s. 2427b Section 2427b. 565.10 (15) of the statutes is amended to read:

AB100-ASA1,906,4 565.10 (15) Remitting proceeds. A retailer shall, on a daily basis, unless another basis, but not less than weekly, frequency that is at least once every 60 days is provided by the department by rule, remit to the department the lottery proceeds from the sale of lottery tickets or lottery shares. The amount of compensation deducted by the retailer, if any, shall be indicated as a deduction from the total remitted.

AB100-ASA1, s. 2427d Section 2427d. 565.10 (16) of the statutes is created to read:

AB100-ASA1,906,9 565.10 (16) Displaying notification that prizes claimed. Each lottery retailer contract shall require the retailer to display a sign as provided by rule under s. 565.02 (3) (j) when the department notifies the retailer that the top prizes in a scratch-off game have been claimed.

AB100-ASA1, s. 2428d Section 2428d. 565.27 (5) of the statutes is created to read:

AB100-ASA1,906,14 565.27 (5) Notification that prizes in scratch-off game claimed. The department shall notify each retailer when the top prizes in a scratch-off game are claimed and shall provide retailers a sign for display that provides notice that the top prizes for a game have been claimed.

AB100-ASA1, s. 2429 Section 2429. 565.48 of the statutes is created to read:

AB100-ASA1,906,19 565.48 Collection of unpaid liabilities. Any unpaid amount owed by a retailer to the department under this chapter shall be assessed, collected, and reviewed in the same manner as income taxes are assessed, collected, and reviewed under ch. 71.

AB100-ASA1, s. 2429c Section 2429c. 601.41 (1) of the statutes is amended to read:

AB100-ASA1,906,24 601.41 (1) Duties. The commissioner shall administer and enforce chs. 600 to 655 and ss. 59.52 (11) (c), 66.0137 (4) and (4m), 100.203, 120.13 (2) (b) to (g), and 149.13, and 149.144 and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.