AB100-engrossed,2044,1710
562.09
(2) (b) 1. The
board department shall require, by rule, that every horse
11entered in a race be tested before the race to determine if a medication or foreign
12substance has been administered to the horse in violation of sub. (1). The rule shall
13require that every horse entered in a race shall be detained from the time the prerace
14test is administered until the horse leaves the detention area to proceed to the start
15of the race. The rules shall limit the persons who may be present when samples are
16taken for the tests and who may be present in the detention area and shall identify
17who those persons may be.
AB100-engrossed,2044,2419
562.09
(2) (b) 2. The
board department shall require, by rule, that immediately
20after every race at least one animal, as identified by the
board department rule, be
21tested to determine if a medication or foreign substance has been administered to the
22animal in violation of sub. (1). A steward or veterinarian employed by, under contract
23with or approved by the
board department may designate additional animals to be
24tested to determine whether a violation of sub. (1) has occurred.
AB100-engrossed,2045,3
1562.09
(2) (bm) The rules which the
board department applies at racetracks
2at fairs under pars. (a) and (b) and sub. (1) may differ from the rules which the
board 3department applies under pars. (a) and (b) and sub. (1) at other racetracks.
AB100-engrossed,2045,75
562.09
(2) (c) Any finding by the
board department that a medication or foreign
6substance has been administered to an animal in violation of sub. (1) is prima facie
7evidence of a violation of sub. (1).
AB100-engrossed,2045,109
562.09
(2) (d) The results of any test under this subsection shall be kept on file
10by the
board department for at least one year following the test.
AB100-engrossed,2045,1512
562.09
(2) (e) The
board department shall establish, by rule, and charge fees
13for testing under this subsection. Fees received under this paragraph shall be
14deposited in credited to the
appropriations appropriation accounts under ss.
20.197
15(1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
AB100-engrossed,2045,1817
562.09
(3) (c) 2. That the animal was not properly made available for any test
18or inspection required by the
board department.
AB100-engrossed,2045,2520
562.09
(3) (em) Unless the person is a veterinarian, have in his or her
21possession on a racetrack or track located at a fair where there is racing any
22equipment for the hypodermic injection of an animal or any substance for
23hypodermic injection of an animal. The
board department may, by rule, permit the
24possession of an injectable substance or hypodermic equipment for the person's
25personal use.
AB100-engrossed,2046,52
562.09
(3) (f) Have in his or her possession on a racetrack any appliance which
3can be used to stimulate or affect the speed of an animal except a whip authorized
4by the
board department by rule or a spur authorized by the
board department by
5rule.
AB100-engrossed,2046,11
7562.105 Humane killing of dogs. No person may kill or cause to be killed
8any dog which races in this state or was bred, whelped or trained in this state for
9racing, except by a humane chemical method, specified by the
board department by
10rule, which normally causes dogs to be rendered insensible to pain, is rapid and
11effective and is administered by a veterinarian.
AB100-engrossed,2046,1413
562.12
(1) Race an animal under a name other than its registered name or out
14of the animal's proper class, as determined by the
board department by rule.
AB100-engrossed,2046,1816
562.12
(3) Bribe or extort, or attempt to bribe or extort, any member, employe
17or agent of the
board department or any other person having charge of or access to
18an animal on a racetrack.
AB100-engrossed,2046,2321
562.124
(1m) The
board department may authorize on-track pari-mutuel
22wagering on snowmobile racing at times and places, as determined by the
board 23department, that do not conflict with
other animal racing authorized by this chapter.
AB100-engrossed,2047,5
1562.124
(1g) In this section, "pari-mutuel" means a wagering system in which
2all persons who wager on any snowmobile that finishes in any position for which
3wagers are taken in a race share the total amount wagered on the race minus any
4deductions from the wagers on that race required under rules promulgated under
5sub. (2).
AB100-engrossed,2047,187
562.124
(2) If the
board department authorizes on-track pari-mutuel
8wagering on snowmobile racing under sub.
(1) (1m), the
board department shall
9regulate the pari-mutuel wagering and shall promulgate all rules necessary to
10administer this section
. The department may promulgate rules that require persons
11who conduct snowmobile racing to be licensed by the department and the
12department may charge a fee to any person licensed under this subsection to cover
13the costs of the department in regulating on-track pari-mutuel wagering on
14snowmobile racing. Through its rules, the
board
department shall do everything
15necessary to ensure the public interest and protect the integrity of the sport of
16snowmobile racing.
If the department charges a fee to a person licensed under this
17subsection, the department shall deposit the moneys received in the appropriation
18account under s. 20.505 (8) (g).
AB100-engrossed,2047,2020
563.03
(5) "Department" means the department of administration.
AB100-engrossed,2047,2322
563.03
(5m) "Division of gaming" means the division of gaming in the
23department.
AB100-engrossed, s. 4666
24Section
4666. Subchapter II (title) of chapter 563 [precedes 563.04] of the
25statutes is repealed and recreated to read:
AB100-engrossed,2048,3
2SUBCHAPTER II
3
DUTIES AND POWERS
AB100-engrossed,2048,6
5563.04 (title)
General duties of the board department. (intro.) The
board 6department shall:
AB100-engrossed,2048,8
8563.05 (title)
Powers and duties of board department.
AB100-engrossed,2048,1310
563.05
(2) The
board department may promulgate rules requiring holders of
11licenses issued under this chapter to post a notice in a conspicuous place where a
12bingo occasion or raffle drawing is conducted describing the procedures for filing a
13complaint against the holder.
AB100-engrossed,2048,1815
563.05
(3) The
board department may promulgate rules specifying the number
16of business days within which the
board department must review and make a
17determination on an application for a permit, as defined in s. 560.41 (2), that is issued
18under this chapter.
AB100-engrossed,2048,2320
563.05
(4) The
board department may promulgate rules defining procedures
21to be used by the
board department for receiving, filing and investigating complaints,
22for commencing disciplinary proceedings and for conducting hearings under this
23chapter.
AB100-engrossed,2049,6
1563.05
(5) (intro.) No employe in the division of gaming who performs any duty
2related to bingo or raffles or the executive assistant or the secretary or deputy
3secretary of administration and no member of such a person's immediate family, as
4defined in s. 19.42 (7), may, while that person is employed or serves in such a capacity
5or for 2 years following the termination of his or her employment with the
6department after having served in such a capacity, do any of the following:
AB100-engrossed,2049,108
563.05
(6) The
board department shall
deposit credit all moneys received by the
9board department under this chapter, except s. 563.80,
in to the appropriation
10account under s.
20.197 (1) 20.505 (8) (j) .
AB100-engrossed,2049,13
12563.051 Bingo and raffle security. The department may do any of the
13following:
AB100-engrossed,2049,15
14(1) Provide all of the security services for the bingo and raffle operations under
15this chapter.
AB100-engrossed,2049,17
16(2) Monitor the regulatory compliance of bingo and raffle operations under this
17chapter.
AB100-engrossed,2049,18
18(3) Audit the bingo and raffle operations under this chapter.
AB100-engrossed,2049,19
19(4) Investigate suspected violations of this chapter.
AB100-engrossed,2049,21
20(5) Report suspected gaming-related criminal activity to the division of
21criminal investigation in the department of justice for investigation by that division.
AB100-engrossed,2049,24
22(6) If the division of criminal investigation in the department of justice chooses
23not to investigate a report under sub. (5), coordinate an investigation of the suspected
24criminal activity with local law enforcement officials and district attorneys.
AB100-engrossed,2050,62
563.055
(1) If the holder of a license issued under this chapter pays a fee
3required under s. 563.13 (4), 563.22 (2) or 563.92 (2) by check and the check is not
4paid by the bank upon which the check is drawn, the
board department may cancel
5the license on or after the 60th day after the
board
department receives the notice
6from the bank, subject to sub. (2).
AB100-engrossed,2050,118
563.055
(2) (intro.) At least 20 days before canceling a license, the
board 9department shall mail a notice to the holder that informs the holder that the check
10was not paid by the bank and that the holder's license may be canceled on the date
11determined under sub. (1) unless the holder does all of the following before that date:
AB100-engrossed,2050,1413
563.055
(2) (b) Pays the charge for an unpaid draft established by the
14depository selection board state treasurer under s. 20.905 (2).
AB100-engrossed,2050,1816
563.055
(3) Nothing in sub. (1) or (2) prohibits the
board department from
17extending the date for cancellation to allow the holder additional time to comply with
18sub. (2) (a) and (b).
AB100-engrossed,2050,2220
563.055
(5) The
board department may reinstate a license that has been
21canceled under this section only if the previous holder complies with sub. (2) (a) and
22(b) and pays a $30 reinstatement fee.
AB100-engrossed,2051,7
24563.10 Rules governing commingling of receipts restricted. 25Notwithstanding ss. 227.11 (2), 227.24 (1) (a) and 563.04 (3), the
board department
1may not promulgate any emergency rule relating to the commingling of bingo and
2raffle receipts unless it can clearly establish that commingling will occur without
3such rule and that the rule will effectively prevent commingling. The
board 4department shall set forth any such finding in its proposed rule. If upon review
5under s. 227.40, the court finds that the finding of fact upon which any emergency
6rule relating to such commingling is based is unsupported by clear and convincing
7evidence, the rule is invalid.
AB100-engrossed,2051,12
9563.12 Bingo license application. (intro.) Each applicant for a license to
10conduct bingo shall file with the
board department an application on a form
11prescribed by the
board department. Except as provided in s. 563.135, the
12application shall include:
AB100-engrossed,2051,1614
563.12
(2) Sufficient facts relating to the incorporation or organization of the
15applicant to enable the
board department to determine if the applicant is eligible for
16a license under this subchapter.
AB100-engrossed,2051,21
18563.14 (title)
Board Department determinations. (intro.) Upon receipt
19of an application for a license to conduct bingo, the
board department shall
20investigate the qualifications of the applicant and the merits of the application and
21before issuing a license shall determine that:
AB100-engrossed,2052,523
563.15
(1) After making the determinations under s. 563.14, the
board 24department shall either notify the applicant organization in writing why a license
25is not being issued or issue a license to such applicant organization authorizing it to
1conduct bingo at the times and places set forth in the license. Except as provided in
2sub. (1m), a license issued under this subsection shall be effective for one year from
3the first day of the month of the first occasion listed on the license and may be
4renewed annually, except that an applicant organization may request that the
5license expire on the first day of any month within the one-year licensure period.
AB100-engrossed,2052,97
563.15
(1m) A license issued under sub. (1) to an organization listed under s.
8563.11 (1) (b) to (d) shall remain in effect unless it is canceled, suspended or revoked
9by the
board department or withdrawn by the organization.
AB100-engrossed,2052,21
11563.16 Amendment of license to conduct bingo. Upon application by a
12licensed organization, a license may be amended, if the subject matter of the
13amendment properly and lawfully could have been included in the original license.
14An application for an amendment to a license shall be filed and processed in the same
15manner as an original application. An application for the amendment of a license
16shall be accompanied by a $3 fee. If any application for amendment seeks approval
17of additional bingo occasions or designates a new member responsible for the proper
18utilization of gross receipts, the appropriate fee under s. 563.13 (4) also shall be paid.
19If the
board department approves an application for an amendment to a license, a
20copy of the amendment shall be sent to the applicant who shall attach it to the
21original license.
AB100-engrossed,2053,8
23563.17 Denial of application; hearing. If the
board department denies a
24license to conduct bingo, within 30 days after receiving written notification of such
25denial, an applicant may demand in writing a hearing before the
board department
1upon the applicant's qualifications and the merit of the application. At the hearing,
2the burden of proof shall be on the applicant to establish his or her eligibility for a
3license. If, after the hearing, the
board department enters an order denying the
4application, the order shall set forth in detail the reasons for the denial. Upon entry
5of such an order or upon the expiration of the 30-day period during which a hearing
6may be demanded, the applicant's license fee shall be refunded less reasonable
7administrative costs. If the
board department approves the application, the
board 8department shall issue the license within 14 days after approval.
AB100-engrossed,2053,1210
563.18
(1) Proceedings to suspend or revoke a supplier's license or a license to
11conduct bingo shall be initiated by the
board department pursuant to the rules
12promulgated under s. 563.05 (4).
AB100-engrossed,2053,1514
563.18
(3) The
board's department's decision under this section is subject to
15judicial review under ch. 227.