AB100, s. 4577
5Section
4577. 562.03 (3) (a) of the statutes is amended to read:
AB100,1747,76
562.03
(3) (a) The
board department may employ the staff it considers
7necessary to administer this chapter.
AB100, s. 4578
8Section
4578. 562.03 (3) (b) of the statutes is amended to read:
AB100,1747,159
562.03
(3) (b) Before making an appointment under par. (a) and sub. (4), the
10board department shall conduct a background investigation of the proposed employe
11and shall require that proposed employe to be photographed and fingerprinted on 2
12fingerprint cards each bearing a complete set of the person's fingerprints. The
13department of justice may provide for the submission of the fingerprint cards to the
14federal bureau of investigation for the purposes of verifying the identity of the person
15fingerprinted and obtaining any record of his or her criminal arrests and convictions.
AB100, s. 4579
16Section
4579. 562.04 (1) (a) (intro.) of the statutes is amended to read:
AB100,1747,2417
562.04
(1) (a) (intro.) Three stewards shall preside over races conducted at a
18racetrack not at a fair. At least 2 of those stewards shall be employes of the
board 19department or providing services to the
board department under a professional
20services contract. The rate of compensation of stewards serving under contract to the
21board department shall be commensurate with the rate of compensation established
22for stewards employed by the
board department, but less than the rate established
23for the chief steward. Stewards presiding over a racetrack shall do all of the
24following:
AB100, s. 4580
25Section
4580. 562.04 (1) (a) 1. of the statutes is amended to read:
AB100,1748,2
1562.04
(1) (a) 1. Ensure that races are conducted under the rules of the
board 2department.
AB100, s. 4581
3Section
4581. 562.04 (1) (a) 5. of the statutes is amended to read:
AB100,1748,44
562.04
(1) (a) 5. Perform any other duty assigned by the
board department.
AB100, s. 4582
5Section
4582. 562.04 (1) (b) (intro.) of the statutes is amended to read:
AB100,1748,106
562.04
(1) (b) (intro.) If one or more stewards have reasonable cause to believe
7that a person holding a license under s. 562.05 (1) (d) has violated this chapter or
8rules of the
board department relating to pari-mutuel racing or engaged in any other
9conduct which in the opinion of the stewards adversely affects the integrity of racing,
10the following procedures apply:
AB100, s. 4583
11Section
4583. 562.04 (1) (b) 4. of the statutes is amended to read:
AB100,1748,1912
562.04
(1) (b) 4. If at least 2 stewards determine that the violation or conduct
13has occurred, the stewards may, under the schedule established by the
board 14department under s. 562.02 (1) (f), suspend a license issued under s. 562.05 (1) (d)
15for a period not to exceed 90 days or impose a forfeiture not to exceed $2,000 or both;
16or recommend that the
board department suspend a license for more than 90 days
17or impose a forfeiture exceeding $2,000 or both. Fifty percent of the moneys received
18under this subdivision shall be
deposited in credited to the
appropriations 19appropriation accounts under ss.
20.197 (1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
AB100, s. 4584
20Section
4584. 562.04 (1) (b) 5. of the statutes is amended to read:
AB100,1749,221
562.04
(1) (b) 5. After the meeting under subd. 1., the stewards shall submit,
22in writing, all findings and conclusions from that meeting to the licensee and the
23board department, including the sanctions, if any, imposed by the stewards and shall
24provide the licensee who is the subject of the meeting with a notice of his or her right
25to appeal the decision under subd. 6. Within 7 days after receiving the decision, the
1licensee shall pay any forfeitures imposed by the stewards, regardless of whether the
2decision is appealed or stayed under subd. 6.
AB100, s. 4585
3Section
4585. 562.04 (1) (b) 6. of the statutes is amended to read:
AB100,1749,164
562.04
(1) (b) 6. Any person adversely affected by a decision issued under subd.
54. may appeal that decision to the
board department. The appeal shall be filed with
6the
board department within 7 days after receipt of that written decision. An appeal
7does not automatically stay the decision of the stewards. Any person may request
8that the administrator stay that decision pending the decision of the
board 9department on the appeal. If the administrator receives such a request and
10determines that the stay will not adversely affect public safety or welfare or the
11safety or welfare of an animal, the administrator shall order the stay. The procedure
12for the appeal under this subdivision is under ch. 227. If part or all of any forfeiture
13imposed under subd. 5. is refunded to the licensee under this subdivision, the refund
14shall include interest calculated at the rate of 9% per year on that amount. The
15decision of the
board department on the appeal shall be the final administrative
16decision on any action of the stewards under subd. 4.
AB100, s. 4586
17Section
4586. 562.04 (2) (intro.) of the statutes is amended to read:
AB100,1749,1918
562.04
(2) Other racing officials. (intro.) The
board department shall, by
19rule, specify all of the following:
AB100, s. 4587
20Section
4587. 562.04 (2) (d) of the statutes is amended to read:
AB100,1749,2421
562.04
(2) (d) A fee for the supervision of racing by stewards or other racing
22officials employed by or under contract with the
board
department. Any moneys
23received under this paragraph shall be
deposited in
credited to the
appropriations 24appropriation accounts under ss.
20.197 (1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
AB100, s. 4588
25Section
4588. 562.045 (intro.) of the statutes is amended to read:
AB100,1750,5
1562.045 Qualifications of administrator, other employes and stewards. 2(intro.) Notwithstanding s. 111.321, no person may serve as an administrator or
3other employe of the
racing division
of gaming or as a steward employed by the
board 4department or under contract with the
board department if any of the following
5apply:
AB100, s. 4589
6Section
4589. 562.045 (6) of the statutes is amended to read:
AB100,1750,97
562.045
(6) The person has knowingly violated a rule or order of the
board 8department relating to pari-mutuel racing or any provision of this chapter, s.
9182.020 or ch. 945.
AB100, s. 4590
10Section
4590. 562.05 (1) (intro.) of the statutes is amended to read:
AB100,1750,1211
562.05
(1) (intro.) No person may engage in any of the following activities
12without a valid annual license issued by the
board
department:
AB100, s. 4591
13Section
4591. 562.05 (1) (d) of the statutes is amended to read:
AB100,1750,1514
562.05
(1) (d) Any occupation required to be licensed under s. 562.02 (1) (am)
15or determined by the
board department under s. 562.02 (1) (am) to require a license.
AB100, s. 4592
16Section
4592. 562.05 (1b) of the statutes is amended to read:
AB100,1750,2117
562.05
(1b) The
board department shall approve and conduct an examination
18to be administered to all applicants for a license under sub. (1) (d) to be a horse
19trainer. No license may be issued under sub. (1) (d) to a horse trainer unless the
board 20department determines that the applicant for the license is qualified as evidenced
21by the applicant's performance on the examination conducted under this subsection.
AB100, s. 4593
22Section
4593. 562.05 (1c) of the statutes is created to read:
AB100,1750,2523
562.05
(1c) If the applicant for a license under this section is an individual, the
24department may not issue or renew a license if the individual has not provided his
25or her social security number.
AB100, s. 4594
1Section
4594. 562.05 (1m) of the statutes is amended to read:
AB100,1751,32
562.05
(1m) The
board department may not issue a license under sub. (1) (a)
3to (c) except after a public hearing.
AB100, s. 4595
4Section
4595. 562.05 (2) of the statutes is amended to read:
AB100,1751,95
562.05
(2) The
board department shall establish, by rule, the qualifications for
6any license required under sub. (1) and fix the fee for that license and any
7background investigation under sub. (7) related to that license. Any moneys received
8under this subsection shall be
deposited in credited to the
appropriations 9appropriation accounts under ss.
20.197 (1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
AB100, s. 4596
10Section
4596. 562.05 (2m) of the statutes is amended to read:
AB100,1751,1511
562.05
(2m) In issuing a license to own and operate a racetrack not at a fair,
12the
board department shall consider the competitive effects on any other licensee
13under sub. (1) (a) or (b). These competitive effects shall include, but not be restricted
14to, the impact on the economic viability of existing licensed racetracks and the jobs
15that have been created by such licensed racetracks.
AB100, s. 4597
16Section
4597. 562.05 (3) of the statutes is amended to read:
AB100,1751,2417
562.05
(3) No person may hold more than one license issued under sub. (1) (a)
18and one license issued under sub. (1) (b) or (c). If the applicant for any of those
19licenses is a corporation, association, limited liability company or partnership, the
20board department shall determine whether the applicant is the same person as
21another licensee for the purpose of applying this subsection. Nothing in this
22subsection prohibits any person with a license under sub. (1) from contracting for
23services with any other person with a license under sub. (1), subject to any rules
24promulgated by the
board department.
AB100, s. 4598
25Section
4598. 562.05 (3m) of the statutes is amended to read:
AB100,1752,4
1562.05
(3m) The
board department may not accept an application for a license
2for a race under sub. (1) (c) unless the county board of the county in which that race
3will be conducted has approved the applicant's sponsorship and management of that
4race.
AB100, s. 4599
5Section
4599. 562.05 (3w) (intro.) of the statutes is amended to read:
AB100,1752,86
562.05
(3w) (intro.) Except as provided under subs. (3) to (3r), the
board 7department may issue a license under sub. (1) (a) if the
board department 8determines that all of the following conditions are met:
AB100, s. 4600
9Section
4600. 562.05 (3wmr) of the statutes is amended to read:
AB100,1752,1610
562.05
(3wmr) If the condition under sub. (2m) is relevant to its decision, the
11board department may consider secondary economic impacts of an applicant's
12proposal for a racetrack if the applicant proves by a preponderance of evidence that
13the alleged secondary impacts will enhance the success of the applicant's proposed
14racetrack and the location of the proposed racetrack would compliment existing
15development with the overall effect of increasing tourism and generating state
16revenues from out-of-state residents.
AB100, s. 4601
17Section
4601. 562.05 (3wt) of the statutes is amended to read:
AB100,1752,2218
562.05
(3wt) In the first license issued to each applicant under sub. (1) (a) for
19each racetrack, the
board department shall specify a date by which each of the types
20of racing authorized under the license shall begin at that racetrack. Upon request
21of the licensee, the
board department may change a specified date to an earlier or
22later date pursuant to rules of the
board department.
AB100, s. 4602
23Section
4602. 562.05 (4) of the statutes is amended to read:
AB100,1753,224
562.05
(4) Any application for a license to sponsor and manage a race shall be
25accompanied by a bond, in an amount determined by the
board department, which
1shall be sufficient to guarantee the payment of fees, taxes and other money due,
2including animal owners' purses and payouts on winning wagers.
AB100, s. 4603
3Section
4603. 562.05 (4m) (intro.) of the statutes is amended to read:
AB100,1753,64
562.05
(4m) (intro.) Except as provided in sub. (4), the
board department may
5issue a license under sub. (1) (b) if the
board department determines that all of the
6following conditions are met:
AB100, s. 4604
7Section
4604. 562.05 (5) (a) 5. of the statutes is amended to read:
AB100,1753,118
562.05
(5) (a) 5. The person has been convicted of a violation of any law of this
9or another state or of the United States related to racing, pari-mutuel wagering or
10of any other form of gambling which is a serious violation, as defined by the
board 11department by rule.
AB100, s. 4605
12Section
4605. 562.05 (5) (a) 6. of the statutes is amended to read:
AB100,1753,1513
562.05
(5) (a) 6. The person has knowingly violated a rule or order of the
board 14department relating to pari-mutuel racing or any provision of this chapter or of ch.
1527, 182 or 945.
AB100, s. 4606
16Section
4606. 562.05 (5) (a) 9. of the statutes is created to read:
AB100,1753,2017
562.05
(5) (a) 9. The person is delinquent in making court-ordered payments
18of child or family support, maintenance, birth expenses, medical expenses or other
19expenses related to the support of a child or former spouse, as provided in a
20memorandum of understanding entered into under s. 49.857.
AB100, s. 4607
21Section
4607. 562.05 (5) (b) 4. of the statutes is amended to read:
AB100,1754,222
562.05
(5) (b) 4. A restriction under par. (a) 2. to 8. does not apply to a
23partnership, limited liability company, association or corporation if the
board 24department determines that the partnership, association, limited liability company
25or corporation has terminated its relationship with each individual whose actions
1directly contributed to the application of that restriction to the partnership,
2association, limited liability company or corporation
.
AB100, s. 4608
3Section
4608. 562.05 (5) (c) 2. of the statutes is amended to read:
AB100,1754,184
562.05
(5) (c) 2. Except as otherwise provided in this subdivision, if after the
5application for a license is made or a license is issued any new officer, director,
6partner, member or owner subject to par. (a), as specified in par. (b), or any other new
7person with a present or future direct or indirect financial or management interest
8in the application or license joins the applicant or licensee, the applicant or licensee
9shall, within 5 working days, notify the
board department of the change and provide
10the affidavit under subd. 1. After an application for a license under sub. (1) (a) or (b)
11is made or after a license under sub. (1) (a) or (b) is issued, no ownership interest or
12right of ownership in the applicant or licensee may be transferred unless the
13applicant or licensee provides the affidavit under subd. 1. for the proposed new owner
14and the proposed new owner is approved by the
board
department. The
board 15department shall conduct the background investigations required under sub. (7) of
16any new officer, director, partner, member, shareholder or proposed owner of an
17applicant or licensee named in a notice to the
board
department under this
18subdivision.
AB100, s. 4609
19Section
4609. 562.05 (6m) (b) (intro.) of the statutes is amended to read:
AB100,1754,2220
562.05
(6m) (b) (intro.) The
board
department may not issue an intertrack
21wagering license unless the
board department determines that all of the following
22conditions are met:
AB100, s. 4610
23Section
4610. 562.05 (6m) (b) 2. of the statutes is amended to read:
AB100,1755,424
562.05
(6m) (b) 2. At least 250 race performances were conducted at the
25racetrack for which the applicant is licensed under sub. (1) (a) or (b) during the
1calendar year immediately preceding the year in which the applicant proposes to
2conduct intertrack wagering. The
board department may waive the requirement in
3this subdivision if the
board department determines that the waiver is in the public
4interest.
AB100, s. 4611
5Section
4611. 562.05 (6m) (c) of the statutes is amended to read:
AB100,1755,86
562.05
(6m) (c) In considering whether to grant an intertrack wagering license,
7the
board department shall give due consideration to the best interests of the public
8and to maximizing revenue to the state.
AB100, s. 4612
9Section
4612. 562.05 (6m) (d) of the statutes is amended to read:
AB100,1755,1510
562.05
(6m) (d) On each intertrack wagering license that the
board department 11issues, the
board department shall identify the racetrack at which intertrack
12wagering may be conducted, the times and number of days or specific dates, as
13determined by the
board department, during which intertrack wagering may be
14conducted, and the host track from which the simulcast of each race performance on
15which intertrack wagering may be conducted shall originate.
AB100, s. 4613
16Section
4613. 562.05 (6m) (e) (intro.) of the statutes is amended to read:
AB100,1755,1917
562.05
(6m) (e) (intro.) The
board
department shall revoke an intertrack
18wagering license if the
board department determines that any of the following
19applies:
AB100, s. 4614
20Section
4614. 562.05 (7) (a) (intro.) of the statutes is amended to read:
AB100,1755,2421
562.05
(7) (a) (intro.) Except as provided under par. (ag), before the
board 22department issues a license under this section, the
board department, with the
23assistance of the department of justice, shall conduct a background investigation of
24the applicant for the license and of any of the following related to the applicant:
AB100, s. 4615
25Section
4615. 562.05 (7) (ag) (intro.) of the statutes is amended to read:
AB100,1756,7
1562.05
(7) (ag) (intro.) Paragraph (a) applies to any person required under s.
2562.02 (1) (am) to have a license except for any person determined by the
board 3department under s. 562.02 (1) (am) to require a license. Before the
board 4department issues a license to any person determined by the board under s. 562.02
5(1) (am) to require a license, the
board department may, with the assistance of the
6department of justice, conduct a background investigation of the applicant for that
7license and of any of the following related to the applicant:
AB100, s. 4616
8Section
4616. 562.05 (7) (am) of the statutes is created to read:
AB100,1756,109
562.05
(7) (am) The department shall require each person who is subject to an
10investigation under par. (a) to provide his or her social security number.
AB100, s. 4617
11Section
4617. 562.05 (7) (b) of the statutes is amended to read:
AB100,1756,1712
562.05
(7) (b) The
board department shall require any person subject to an
13investigation under par. (a) to be photographed and fingerprinted on 2 fingerprint
14cards each bearing a complete set of that person's fingerprints. The department of
15justice may provide for the submission of the fingerprint cards to the federal bureau
16of investigation for the purpose of verifying the identity of that person and obtaining
17any record of that person's criminal arrests and convictions.
AB100, s. 4618
18Section
4618. 562.05 (7) (bg) of the statutes is amended to read:
AB100,1756,2419
562.05
(7) (bg) The
board department may require any person subject to an
20investigation under par. (ag) to be photographed and fingerprinted on 2 fingerprint
21cards each bearing a complete set of that person's fingerprints. The department of
22justice may provide for the submission of the fingerprint cards to the federal bureau
23of investigation for the purpose of verifying the identity of that person and obtaining
24any record of that person's criminal arrests and convictions.
AB100, s. 4619
25Section
4619. 562.05 (8) (a) of the statutes is amended to read:
AB100,1757,2
1562.05
(8) (a) The
board
department may revoke or suspend a license for good
2cause after notice and hearing under s. 227.44.
AB100, s. 4620
3Section
4620. 562.05 (8) (b) of the statutes is amended to read: