AB100-engrossed,2027,96
562.025
(2) (a) Hold any license, except a license covering the professional
7services being provided to the
board department, or be employed by or have any
8direct or indirect interest in any corporation, partnership, limited liability company
9or association which holds a license.
AB100-engrossed,2027,1411
562.025
(2) (e) Accept or agree to accept money or anything of value from any
12person who holds a license or who is regulated by the
board department or holds any
13contract to supply goods or services to the
board
department other than the contract
14under which the person provides professional services.
AB100-engrossed,2027,1816
562.03
(1) (a) The
board department shall appoint the administrator after a
17nationwide search for persons with experience in public gaming management and
18regulation and with knowledge of animal racing and pari-mutuel wagering.
AB100-engrossed,2028,220
562.03
(1) (b) Before appointing an administrator, the
board department shall,
21with the assistance of the department of justice, conduct a background investigation
22of the proposed administrator. The
board department shall require the proposed
23administrator to be photographed and fingerprinted on 2 fingerprint cards each
24bearing a complete set of the person's fingerprints. The department of justice may
25provide for the submission of the fingerprint cards to the federal bureau of
1investigation for the purposes of verifying the identity of the person fingerprinted
2and obtaining any record of his or her criminal arrests and convictions.
AB100-engrossed,2028,74
562.03
(2) The administrator may employ or provide by contract for the
5services of stewards, subject to the approval of the
board department. Any steward
6under a contract under this subsection shall be under a contract with the
board 7department.
AB100-engrossed,2028,109
562.03
(3) (a) The
board department may employ the staff it considers
10necessary to administer this chapter.
AB100-engrossed,2028,1812
562.03
(3) (b) Before making an appointment under par. (a) and sub. (4), the
13board department shall conduct a background investigation of the proposed employe
14and shall require that proposed employe to be photographed and fingerprinted on 2
15fingerprint cards each bearing a complete set of the person's fingerprints. The
16department of justice may provide for the submission of the fingerprint cards to the
17federal bureau of investigation for the purposes of verifying the identity of the person
18fingerprinted and obtaining any record of his or her criminal arrests and convictions.
AB100-engrossed,2029,220
562.04
(1) (a) (intro.) Three stewards shall preside over races conducted at a
21racetrack not at a fair. At least 2 of those stewards shall be employes of the
board 22department or providing services to the
board department under a professional
23services contract. The rate of compensation of stewards serving under contract to the
24board department shall be commensurate with the rate of compensation established
25for stewards employed by the
board department, but less than the rate established
1for the chief steward. Stewards presiding over a racetrack shall do all of the
2following:
AB100-engrossed,2029,54
562.04
(1) (a) 1. Ensure that races are conducted under the rules of the
board 5department.
AB100-engrossed,2029,77
562.04
(1) (a) 5. Perform any other duty assigned by the
board department.
AB100-engrossed,2029,139
562.04
(1) (b) (intro.) If one or more stewards have reasonable cause to believe
10that a person holding a license under s. 562.05 (1) (d) has violated this chapter or
11rules of the
board department relating to pari-mutuel racing or engaged in any other
12conduct which in the opinion of the stewards adversely affects the integrity of racing,
13the following procedures apply:
AB100-engrossed,2029,2215
562.04
(1) (b) 4. If at least 2 stewards determine that the violation or conduct
16has occurred, the stewards may, under the schedule established by the
board 17department under s. 562.02 (1) (f), suspend a license issued under s. 562.05 (1) (d)
18for a period not to exceed 90 days or impose a forfeiture not to exceed $2,000 or both;
19or recommend that the
board department suspend a license for more than 90 days
20or impose a forfeiture exceeding $2,000 or both. Fifty percent of the moneys received
21under this subdivision shall be
deposited in credited to the
appropriations 22appropriation accounts under ss.
20.197 (1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
AB100-engrossed,2030,524
562.04
(1) (b) 5. After the meeting under subd. 1., the stewards shall submit,
25in writing, all findings and conclusions from that meeting to the licensee and the
1board department, including the sanctions, if any, imposed by the stewards and shall
2provide the licensee who is the subject of the meeting with a notice of his or her right
3to appeal the decision under subd. 6. Within 7 days after receiving the decision, the
4licensee shall pay any forfeitures imposed by the stewards, regardless of whether the
5decision is appealed or stayed under subd. 6.
AB100-engrossed,2030,197
562.04
(1) (b) 6. Any person adversely affected by a decision issued under subd.
84. may appeal that decision to the
board department. The appeal shall be filed with
9the
board department within 7 days after receipt of that written decision. An appeal
10does not automatically stay the decision of the stewards. Any person may request
11that the administrator stay that decision pending the decision of the
board 12department on the appeal. If the administrator receives such a request and
13determines that the stay will not adversely affect public safety or welfare or the
14safety or welfare of an animal, the administrator shall order the stay. The procedure
15for the appeal under this subdivision is under ch. 227. If part or all of any forfeiture
16imposed under subd. 5. is refunded to the licensee under this subdivision, the refund
17shall include interest calculated at the rate of 9% per year on that amount. The
18decision of the
board department on the appeal shall be the final administrative
19decision on any action of the stewards under subd. 4.
AB100-engrossed,2030,2221
562.04
(2) Other racing officials. (intro.) The
board department shall, by
22rule, specify all of the following:
AB100-engrossed,2031,224
562.04
(2) (d) A fee for the supervision of racing by stewards or other racing
25officials employed by or under contract with the
board
department. Any moneys
1received under this paragraph shall be
deposited in credited to the
appropriations 2appropriation accounts under ss.
20.197 (1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
AB100-engrossed,2031,8
4562.045 Qualifications of administrator, other employes and stewards. 5(intro.) Notwithstanding s. 111.321, no person may serve as an administrator or
6other employe of the
racing division
of gaming or as a steward employed by the
board 7department or under contract with the
board department if any of the following
8apply:
AB100-engrossed,2031,1210
562.045
(6) The person has knowingly violated a rule or order of the
board 11department relating to pari-mutuel racing or any provision of this chapter, s.
12182.020 or ch. 945.
AB100-engrossed,2031,1514
562.05
(1) (intro.) No person may engage in any of the following activities
15without a valid annual license issued by the
board
department:
AB100-engrossed,2031,1817
562.05
(1) (d) Any occupation required to be licensed under s. 562.02 (1) (am)
18or determined by the
board department under s. 562.02 (1) (am) to require a license.
AB100-engrossed,2031,2420
562.05
(1b) The
board department shall approve and conduct an examination
21to be administered to all applicants for a license under sub. (1) (d) to be a horse
22trainer. No license may be issued under sub. (1) (d) to a horse trainer unless the
board 23department determines that the applicant for the license is qualified as evidenced
24by the applicant's performance on the examination conducted under this subsection.
AB100-engrossed,2032,2
1562.05
(1m) The
board department may not issue a license under sub. (1) (a)
2to (c) except after a public hearing.
AB100-engrossed,2032,84
562.05
(2) The
board department shall establish, by rule, the qualifications for
5any license required under sub. (1) and fix the fee for that license and any
6background investigation under sub. (7) related to that license. Any moneys received
7under this subsection shall be
deposited in credited to the
appropriations 8appropriation accounts under ss.
20.197 (1) (g) and 20.455 (2) (g)
and 20.505 (8) (g).
AB100-engrossed,2032,1410
562.05
(2m) In issuing a license to own and operate a racetrack not at a fair,
11the
board department shall consider the competitive effects on any other licensee
12under sub. (1) (a) or (b). These competitive effects shall include, but not be restricted
13to, the impact on the economic viability of existing licensed racetracks and the jobs
14that have been created by such licensed racetracks.
AB100-engrossed,2032,2316
562.05
(3) No person may hold more than one license issued under sub. (1) (a)
17and one license issued under sub. (1) (b) or (c). If the applicant for any of those
18licenses is a corporation, association, limited liability company or partnership, the
19board department shall determine whether the applicant is the same person as
20another licensee for the purpose of applying this subsection. Nothing in this
21subsection prohibits any person with a license under sub. (1) from contracting for
22services with any other person with a license under sub. (1), subject to any rules
23promulgated by the
board department.
AB100-engrossed,2033,4
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-engrossed,2033,86
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 determines
8that all of the following conditions are met:
AB100-engrossed,2033,1610
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-engrossed,2033,2218
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-engrossed,2034,224
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-engrossed,2034,64
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-engrossed,2034,118
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-engrossed,2034,1513
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-engrossed,2034,2217
562.05
(5) (b) 4. A restriction under par. (a) 2. to 8. does not apply to a
18partnership, limited liability company, association or corporation if the
board 19department determines that the partnership, association, limited liability company
20or corporation has terminated its relationship with each individual whose actions
21directly contributed to the application of that restriction to the partnership,
22association, limited liability company or corporation
.
AB100-engrossed,2035,1324
562.05
(5) (c) 2. Except as otherwise provided in this subdivision, if after the
25application for a license is made or a license is issued any new officer, director,
1partner, member or owner subject to par. (a), as specified in par. (b), or any other new
2person with a present or future direct or indirect financial or management interest
3in the application or license joins the applicant or licensee, the applicant or licensee
4shall, within 5 working days, notify the
board department of the change and provide
5the affidavit under subd. 1. After an application for a license under sub. (1) (a) or (b)
6is made or after a license under sub. (1) (a) or (b) is issued, no ownership interest or
7right of ownership in the applicant or licensee may be transferred unless the
8applicant or licensee provides the affidavit under subd. 1. for the proposed new owner
9and the proposed new owner is approved by the
board
department. The
board 10department shall conduct the background investigations required under sub. (7) of
11any new officer, director, partner, member, shareholder or proposed owner of an
12applicant or licensee named in a notice to the
board
department under this
13subdivision.
AB100-engrossed,2035,1715
562.05
(6m) (b) (intro.) The
board
department may not issue an intertrack
16wagering license unless the
board department determines that all of the following
17conditions are met:
AB100-engrossed,2035,2419
562.05
(6m) (b) 2. At least 250 race performances were conducted at the
20racetrack for which the applicant is licensed under sub. (1) (a) or (b) during the
21calendar year immediately preceding the year in which the applicant proposes to
22conduct intertrack wagering. The
board department may waive the requirement in
23this subdivision if the
board department determines that the waiver is in the public
24interest.
AB100-engrossed,2036,3
1562.05
(6m) (c) In considering whether to grant an intertrack wagering license,
2the
board department shall give due consideration to the best interests of the public
3and to maximizing revenue to the state.
AB100-engrossed,2036,105
562.05
(6m) (d) On each intertrack wagering license that the
board department 6issues, the
board department shall identify the racetrack at which intertrack
7wagering may be conducted, the times and number of days or specific dates, as
8determined by the
board department, during which intertrack wagering may be
9conducted, and the host track from which the simulcast of each race performance on
10which intertrack wagering may be conducted shall originate.
AB100-engrossed,2036,1412
562.05
(6m) (e) (intro.) The
board
department shall revoke an intertrack
13wagering license if the
board department determines that any of the following
14applies:
AB100-engrossed,2036,1916
562.05
(7) (a) (intro.) Except as provided under par. (ag), before the
board 17department issues a license under this section, the
board department, with the
18assistance of the department of justice, shall conduct a background investigation of
19the applicant for the license and of any of the following related to the applicant:
AB100-engrossed,2037,221
562.05
(7) (ag) (intro.) Paragraph (a) applies to any person required under s.
22562.02 (1) (am) to have a license except for any person determined by the
board 23department under s. 562.02 (1) (am) to require a license. Before the
board 24department issues a license to any person determined by the
board department 25under s. 562.02 (1) (am) to require a license, the
board department may, with the
1assistance of the department of justice, conduct a background investigation of the
2applicant for that license and of any of the following related to the applicant:
AB100-engrossed,2037,94
562.05
(7) (b) The
board department shall require any person subject to an
5investigation under par. (a) to be photographed and fingerprinted on 2 fingerprint
6cards each bearing a complete set of that person's fingerprints. The department of
7justice may provide for the submission of the fingerprint cards to the federal bureau
8of investigation for the purpose of verifying the identity of that person and obtaining
9any record of that person's criminal arrests and convictions.
AB100-engrossed,2037,1611
562.05
(7) (bg) The
board department may require any person subject to an
12investigation under par. (ag) to be photographed and fingerprinted on 2 fingerprint
13cards each bearing a complete set of that person's fingerprints. The department of
14justice may provide for the submission of the fingerprint cards to the federal bureau
15of investigation for the purpose of verifying the identity of that person and obtaining
16any record of that person's criminal arrests and convictions.