AB100: Bill Text

AB100,1762,15 562.077 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.

AB100, s. 4645 Section 4645. 562.08 (3) of the statutes is amended to read:

AB100,1762,21 562.08 (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.

AB100, s. 4646 Section 4646. 562.09 (1) (title) of the statutes is amended to read:

AB100,1762,23 562.09 (1) (title) Board Department rules.

AB100, s. 4647 Section 4647. 562.09 (1) (a) of the statutes is amended to read:

AB100,1763,19 562.09 (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.

AB100, s. 4648 Section 4648. 562.09 (1) (b) of the statutes is amended to read:

AB100,1763,22 562.09 (1) (b) The board department shall establish, by rule, the qualifications for any laboratory which the board department uses for testing under this section.

AB100, s. 4649 Section 4649. 562.09 (2) (a) of the statutes is amended to read:

AB100,1764,3 562.09 (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).

AB100, s. 4650 Section 4650. 562.09 (2) (b) 1. of the statutes is amended to read:

AB100,1764,12 562.09 (2) (b) 1. The board department shall require, by rule, that every horse entered in a race be tested before the race to determine if a medication or foreign substance has been administered to the horse in violation of sub. (1). The rule shall require that every horse entered in a race shall be detained from the time the prerace test is administered until the horse leaves the detention area to proceed to the start of the race. The rules shall limit the persons who may be present when samples are taken for the tests and who may be present in the detention area and shall identify who those persons may be.

AB100, s. 4651 Section 4651. 562.09 (2) (b) 2. of the statutes is amended to read:

AB100,1764,19 562.09 (2) (b) 2. The board department shall require, by rule, that immediately after every race at least one animal, as identified by the board department rule, be tested to determine if a medication or foreign substance has been administered to the animal in violation of sub. (1). A steward or veterinarian employed by, under contract with or approved by the board department may designate additional animals to be tested to determine whether a violation of sub. (1) has occurred.

AB100, s. 4652 Section 4652. 562.09 (2) (bm) of the statutes is amended to read:

AB100,1764,23 562.09 (2) (bm) The rules which the board department applies at racetracks at fairs under pars. (a) and (b) and sub. (1) may differ from the rules which the board department applies under pars. (a) and (b) and sub. (1) at other racetracks.

AB100, s. 4653 Section 4653. 562.09 (2) (c) of the statutes is amended to read:

AB100,1765,3 562.09 (2) (c) Any finding by the board department that a medication or foreign substance has been administered to an animal in violation of sub. (1) is prima facie evidence of a violation of sub. (1).

AB100, s. 4654 Section 4654. 562.09 (2) (d) of the statutes is amended to read:

AB100,1765,6 562.09 (2) (d) The results of any test under this subsection shall be kept on file by the board department for at least one year following the test.

AB100, s. 4655 Section 4655. 562.09 (2) (e) of the statutes is amended to read:

AB100,1765,11 562.09 (2) (e) The board department shall establish, by rule, and charge fees for testing under this subsection. Fees 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, s. 4656 Section 4656. 562.09 (3) (c) 2. of the statutes is amended to read:

AB100,1765,14 562.09 (3) (c) 2. That the animal was not properly made available for any test or inspection required by the board department.

AB100, s. 4657 Section 4657. 562.09 (3) (em) of the statutes is amended to read:

AB100,1765,21 562.09 (3) (em) Unless the person is a veterinarian, have in his or her possession on a racetrack or track located at a fair where there is racing any equipment for the hypodermic injection of an animal or any substance for hypodermic injection of an animal. The board department may, by rule, permit the possession of an injectable substance or hypodermic equipment for the person's personal use.

AB100, s. 4658 Section 4658. 562.09 (3) (f) of the statutes is amended to read:

AB100,1766,2 562.09 (3) (f) Have in his or her possession on a racetrack any appliance which can be used to stimulate or affect the speed of an animal except a whip authorized by the board department by rule or a spur authorized by the board department by rule.

AB100, s. 4659 Section 4659. 562.105 of the statutes is amended to read:

AB100,1766,8 562.105 Humane killing of dogs. No person may kill or cause to be killed any dog which races in this state or was bred, whelped or trained in this state for racing, except by a humane chemical method, specified by the board department by rule, which normally causes dogs to be rendered insensible to pain, is rapid and effective and is administered by a veterinarian.

AB100, s. 4660 Section 4660. 562.12 (1) of the statutes is amended to read:

AB100,1766,11 562.12 (1) Race an animal under a name other than its registered name or out of the animal's proper class, as determined by the board department by rule.

AB100, s. 4661 Section 4661. 562.12 (3) of the statutes is amended to read:

AB100,1766,15 562.12 (3) Bribe or extort, or attempt to bribe or extort, any member, employe or agent of the board department or any other person having charge of or access to an animal on a racetrack.

AB100, s. 4662 Section 4662. 562.124 (1) of the statutes is amended to read:

AB100,1766,19 562.124 (1) The board department may authorize on-track pari-mutuel wagering on snowmobile racing at times and places, as determined by the board department, that do not conflict with other racing authorized by this chapter.

AB100, s. 4663 Section 4663. 562.124 (2) of the statutes is amended to read:

AB100,1767,2 562.124 (2) If the board department authorizes on-track pari-mutuel wagering on snowmobile racing under sub. (1), the board department shall regulate the pari-mutuel wagering and shall promulgate all rules necessary to administer this section. Through its rules, the board department shall do everything necessary to ensure the public interest and protect the integrity of the sport of snowmobile racing.

AB100, s. 4664 Section 4664. 563.03 (5) of the statutes is created to read:

AB100,1767,4 563.03 (5) "Department" means the department of administration.

AB100, s. 4665 Section 4665. 563.03 (5m) of the statutes is created to read:

AB100,1767,7 563.03 (5m) "Division of gaming" means the division of gaming in the department.

AB100, s. 4666 Section 4666. Subchapter II (title) of chapter 563 [precedes 563.04] of the statutes is repealed and recreated to read:

AB100,1767,10 CHAPTER 563

AB100,1767,12 SUBCHAPTER II DUTIES AND POWERS

AB100, s. 4667 Section 4667. 563.04 (intro.) of the statutes is amended to read:

AB100,1767,15 563.04 (title) General duties of the board department. (intro.) The board department shall:

AB100, s. 4668 Section 4668. 563.05 (title) of the statutes is amended to read:

AB100,1767,17 563.05 (title) Powers and duties of board department.

AB100, s. 4669 Section 4669. 563.05 (2) of the statutes is amended to read:

AB100,1767,22 563.05 (2) The board department may promulgate rules requiring holders of licenses issued under this chapter to post a notice in a conspicuous place where a bingo occasion or raffle drawing is conducted describing the procedures for filing a complaint against the holder.

AB100, s. 4670 Section 4670. 563.05 (3) of the statutes is amended to read:

AB100,1768,2 563.05 (3) The board department may promulgate rules specifying the number of business days within which the board department must review and make a determination on an application for a permit, as defined in s. 560.41 (2), that is issued under this chapter.

AB100, s. 4671 Section 4671. 563.05 (4) of the statutes is amended to read:

AB100,1768,7 563.05 (4) The board department may promulgate rules defining procedures to be used by the board department for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings under this chapter.

AB100, s. 4672 Section 4672. 563.05 (5) (intro.) of the statutes is repealed and recreated to read:

AB100,1768,15 563.05 (5) (intro.) No employe in the division of gaming who performs any duty related to bingo or raffles 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, s. 4673 Section 4673. 563.05 (6) of the statutes is amended to read:

AB100,1768,19 563.05 (6) The board department shall deposit credit all moneys received by the board department under this chapter, except s. 563.80, in to the appropriation account under s. 20.197 (1) 20.505 (8) (j) .

AB100, s. 4674 Section 4674. 563.051 of the statutes is created to read:

AB100,1768,22 563.051 Bingo and raffle security. The department may do any of the following:

AB100,1768,24 (1) Provide all of the security services for the bingo and raffle operations under this chapter.

AB100,1769,2 (2) Monitor the regulatory compliance of bingo and raffle operations under this chapter.

AB100,1769,3 (3) Audit the bingo and raffle operations under this chapter.

AB100,1769,4 (4) Investigate suspected violations of this chapter.

AB100,1769,6 (5) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

AB100,1769,9 (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, s. 4675 Section 4675. 563.052 of the statutes is amended to read:

AB100,1769,13 563.052 Council on charitable gaming. The council on charitable gaming shall advise the board department on all matters relating to the conduct of bingo and raffles under this chapter.

AB100, s. 4676 Section 4676. 563.055 (1) of the statutes is amended to read:

AB100,1769,19 563.055 (1) If the holder of a license issued under this chapter pays a fee required under s. 563.13 (4), 563.22 (2) or 563.92 (2) by check and the check is not paid by the bank upon which the check is drawn, the board department may cancel the license on or after the 60th day after the board department receives the notice from the bank, subject to sub. (2).

AB100, s. 4677 Section 4677. 563.055 (2) (intro.) of the statutes is amended to read:

AB100,1769,24 563.055 (2) (intro.) At least 20 days before canceling a license, the board department shall mail a notice to the holder that informs the holder that the check was not paid by the bank and that the holder's license may be canceled on the date determined under sub. (1) unless the holder does all of the following before that date:

AB100, s. 4678 Section 4678. 563.055 (3) of the statutes is amended to read:

AB100,1770,3 563.055 (3) Nothing in sub. (1) or (2) prohibits the board department from extending the date for cancellation to allow the holder additional time to comply with sub. (2) (a) and (b).

AB100, s. 4679 Section 4679. 563.055 (5) of the statutes is amended to read:

AB100,1770,7 563.055 (5) The board department may reinstate a license that has been canceled under this section only if the previous holder complies with sub. (2) (a) and (b) and pays a $30 reinstatement fee.

AB100, s. 4680 Section 4680. 563.10 of the statutes is amended to read:

AB100,1770,17 563.10 Rules governing commingling of receipts restricted. Notwithstanding ss. 227.11 (2), 227.24 (1) (a) and 563.04 (3), the board department may not promulgate any emergency rule relating to the commingling of bingo and raffle receipts unless it can clearly establish that commingling will occur without such rule and that the rule will effectively prevent commingling. The board department shall set forth any such finding in its proposed rule. If upon review under s. 227.40, the court finds that the finding of fact upon which any emergency rule relating to such commingling is based is unsupported by clear and convincing evidence, the rule is invalid.

AB100, s. 4681 Section 4681. 563.12 (intro.) of the statutes is amended to read:

AB100,1770,22 563.12 Bingo license application. (intro.) Each applicant for a license to conduct bingo shall file with the board department an application on a form prescribed by the board department. Except as provided in s. 563.135, the application shall include:

AB100, s. 4682 Section 4682. 563.12 (2) of the statutes is amended to read:

AB100,1771,3 563.12 (2) Sufficient facts relating to the incorporation or organization of the applicant to enable the board department to determine if the applicant is eligible for a license under this subchapter.

AB100, s. 4683 Section 4683. 563.14 (intro.) of the statutes is amended to read:

AB100,1771,8 563.14 (title) Board Department determinations. (intro.) Upon receipt of an application for a license to conduct bingo, the board department shall investigate the qualifications of the applicant and the merits of the application and before issuing a license shall determine that:

AB100, s. 4684 Section 4684. 563.14 (2) of the statutes is amended to read:

AB100,1771,14 563.14 (2) The supervising member and member responsible for the proper utilization of gross receipts are active members of the applicant organization who, subject to ss. 111.321, 111.322 and 111.335, have never been convicted of a felony or, if convicted, have received a pardon or have been released from parole , community supervision or probation for at least 5 years.

AB100, s. 4685 Section 4685. 563.15 (1) of the statutes is amended to read: