SB77: Bill Text

SB77,1748,10 562.04 (1) (b) (intro.) If one or more stewards have reasonable cause to believe that a person holding a license under s. 562.05 (1) (d) has violated this chapter or rules of the board department relating to pari-mutuel racing or engaged in any other conduct which in the opinion of the stewards adversely affects the integrity of racing, the following procedures apply:

SB77, s. 4583 Section 4583. 562.04 (1) (b) 4. of the statutes is amended to read:

SB77,1748,19 562.04 (1) (b) 4. If at least 2 stewards determine that the violation or conduct has occurred, the stewards may, under the schedule established by the board department under s. 562.02 (1) (f), suspend a license issued under s. 562.05 (1) (d) for a period not to exceed 90 days or impose a forfeiture not to exceed $2,000 or both; or recommend that the board department suspend a license for more than 90 days or impose a forfeiture exceeding $2,000 or both. Fifty percent of the moneys received under this subdivision 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).

SB77, s. 4584 Section 4584. 562.04 (1) (b) 5. of the statutes is amended to read:

SB77,1749,2 562.04 (1) (b) 5. After the meeting under subd. 1., the stewards shall submit, in writing, all findings and conclusions from that meeting to the licensee and the board department, including the sanctions, if any, imposed by the stewards and shall provide the licensee who is the subject of the meeting with a notice of his or her right to appeal the decision under subd. 6. Within 7 days after receiving the decision, the licensee shall pay any forfeitures imposed by the stewards, regardless of whether the decision is appealed or stayed under subd. 6.

SB77, s. 4585 Section 4585. 562.04 (1) (b) 6. of the statutes is amended to read:

SB77,1749,16 562.04 (1) (b) 6. Any person adversely affected by a decision issued under subd. 4. may appeal that decision to the board department. The appeal shall be filed with the board department within 7 days after receipt of that written decision. An appeal does not automatically stay the decision of the stewards. Any person may request that the administrator stay that decision pending the decision of the board department on the appeal. If the administrator receives such a request and determines that the stay will not adversely affect public safety or welfare or the safety or welfare of an animal, the administrator shall order the stay. The procedure for the appeal under this subdivision is under ch. 227. If part or all of any forfeiture imposed under subd. 5. is refunded to the licensee under this subdivision, the refund shall include interest calculated at the rate of 9% per year on that amount. The decision of the board department on the appeal shall be the final administrative decision on any action of the stewards under subd. 4.

SB77, s. 4586 Section 4586. 562.04 (2) (intro.) of the statutes is amended to read:

SB77,1749,19 562.04 (2) Other racing officials. (intro.) The board department shall, by rule, specify all of the following:

SB77, s. 4587 Section 4587. 562.04 (2) (d) of the statutes is amended to read:

SB77,1749,24 562.04 (2) (d) A fee for the supervision of racing by stewards or other racing officials employed by or under contract with the board department. Any moneys 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).

SB77, s. 4588 Section 4588. 562.045 (intro.) of the statutes is amended to read:

SB77,1750,5 562.045 Qualifications of administrator, other employes and stewards. (intro.) Notwithstanding s. 111.321, no person may serve as an administrator or other employe of the racing division of gaming or as a steward employed by the board department or under contract with the board department if any of the following apply:

SB77, s. 4589 Section 4589. 562.045 (6) of the statutes is amended to read:

SB77,1750,9 562.045 (6) The person has knowingly violated a rule or order of the board department relating to pari-mutuel racing or any provision of this chapter, s. 182.020 or ch. 945.

SB77, s. 4590 Section 4590. 562.05 (1) (intro.) of the statutes is amended to read:

SB77,1750,12 562.05 (1) (intro.) No person may engage in any of the following activities without a valid annual license issued by the board department:

SB77, s. 4591 Section 4591. 562.05 (1) (d) of the statutes is amended to read:

SB77,1750,15 562.05 (1) (d) Any occupation required to be licensed under s. 562.02 (1) (am) or determined by the board department under s. 562.02 (1) (am) to require a license.

SB77, s. 4592 Section 4592. 562.05 (1b) of the statutes is amended to read:

SB77,1750,21 562.05 (1b) The board department shall approve and conduct an examination to be administered to all applicants for a license under sub. (1) (d) to be a horse trainer. No license may be issued under sub. (1) (d) to a horse trainer unless the board department determines that the applicant for the license is qualified as evidenced by the applicant's performance on the examination conducted under this subsection.

SB77, s. 4593 Section 4593. 562.05 (1c) of the statutes is created to read:

SB77,1750,25 562.05 (1c) If the applicant for a license under this section is an individual, the department may not issue or renew a license if the individual has not provided his or her social security number.

SB77, s. 4594 Section 4594. 562.05 (1m) of the statutes is amended to read:

SB77,1751,3 562.05 (1m) The board department may not issue a license under sub. (1) (a) to (c) except after a public hearing.

SB77, s. 4595 Section 4595. 562.05 (2) of the statutes is amended to read:

SB77,1751,9 562.05 (2) The board department shall establish, by rule, the qualifications for any license required under sub. (1) and fix the fee for that license and any background investigation under sub. (7) related to that license. Any moneys received under this subsection 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).

SB77, s. 4596 Section 4596. 562.05 (2m) of the statutes is amended to read:

SB77,1751,15 562.05 (2m) In issuing a license to own and operate a racetrack not at a fair, the board department shall consider the competitive effects on any other licensee under sub. (1) (a) or (b). 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.

SB77, s. 4597 Section 4597. 562.05 (3) of the statutes is amended to read:

SB77,1751,24 562.05 (3) No person may hold more than one license issued under sub. (1) (a) and one license issued under sub. (1) (b) or (c). If the applicant for any of those licenses is a corporation, association, limited liability company or partnership, the board 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 board department.

SB77, s. 4598 Section 4598. 562.05 (3m) of the statutes is amended to read:

SB77,1752,4 562.05 (3m) The board department may not accept an application for a license for a race under sub. (1) (c) unless the county board of the county in which that race will be conducted has approved the applicant's sponsorship and management of that race.

SB77, s. 4599 Section 4599. 562.05 (3w) (intro.) of the statutes is amended to read:

SB77,1752,8 562.05 (3w) (intro.) Except as provided under subs. (3) to (3r), the board department may issue a license under sub. (1) (a) if the board department determines that all of the following conditions are met:

SB77, s. 4600 Section 4600. 562.05 (3wmr) of the statutes is amended to read:

SB77,1752,16 562.05 (3wmr) If the condition under sub. (2m) is relevant to its decision, the board department may consider secondary economic impacts of an applicant's proposal for a racetrack if the applicant proves by a preponderance of evidence that the alleged secondary impacts will enhance the success of the applicant's proposed racetrack and the location of the proposed racetrack would compliment existing development with the overall effect of increasing tourism and generating state revenues from out-of-state residents.

SB77, s. 4601 Section 4601. 562.05 (3wt) of the statutes is amended to read:

SB77,1752,22 562.05 (3wt) In the first license issued to each applicant under sub. (1) (a) for each racetrack, the board 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 board department may change a specified date to an earlier or later date pursuant to rules of the board department.

SB77, s. 4602 Section 4602. 562.05 (4) of the statutes is amended to read:

SB77,1753,2 562.05 (4) Any application for a license to sponsor and manage a race shall be accompanied by a bond, in an amount determined by the board department, which shall be sufficient to guarantee the payment of fees, taxes and other money due, including animal owners' purses and payouts on winning wagers.

SB77, s. 4603 Section 4603. 562.05 (4m) (intro.) of the statutes is amended to read:

SB77,1753,6 562.05 (4m) (intro.) Except as provided in sub. (4), the board department may issue a license under sub. (1) (b) if the board department determines that all of the following conditions are met:

SB77, s. 4604 Section 4604. 562.05 (5) (a) 5. of the statutes is amended to read:

SB77,1753,11 562.05 (5) (a) 5. The person has been convicted of a violation of any law of this or another state or of the United States related to racing, pari-mutuel wagering or of any other form of gambling which is a serious violation, as defined by the board department by rule.

SB77, s. 4605 Section 4605. 562.05 (5) (a) 6. of the statutes is amended to read:

SB77,1753,15 562.05 (5) (a) 6. The person has knowingly violated a rule or order of the board department relating to pari-mutuel racing or any provision of this chapter or of ch. 27, 182 or 945.

SB77, s. 4606 Section 4606. 562.05 (5) (a) 9. of the statutes is created to read:

SB77,1753,20 562.05 (5) (a) 9. The person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77, s. 4607 Section 4607. 562.05 (5) (b) 4. of the statutes is amended to read:

SB77,1754,2 562.05 (5) (b) 4. A restriction under par. (a) 2. to 8. does not apply to a partnership, limited liability company, association or corporation if the board department determines that the partnership, association, limited liability company or corporation has terminated its relationship with each individual whose actions directly contributed to the application of that restriction to the partnership, association, limited liability company or corporation.

SB77, s. 4608 Section 4608. 562.05 (5) (c) 2. of the statutes is amended to read:

SB77,1754,18 562.05 (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 board department of the change and provide the affidavit under subd. 1. After an application for a license under sub. (1) (a) or (b) is made or after a license under sub. (1) (a) or (b) 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 board department. The board 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 board department under this subdivision.

SB77, s. 4609 Section 4609. 562.05 (6m) (b) (intro.) of the statutes is amended to read:

SB77,1754,22 562.05 (6m) (b) (intro.) The board department may not issue an intertrack wagering license unless the board department determines that all of the following conditions are met:

SB77, s. 4610 Section 4610. 562.05 (6m) (b) 2. of the statutes is amended to read:

SB77,1755,4 562.05 (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) during the calendar year immediately preceding the year in which the applicant proposes to conduct intertrack wagering. The board department may waive the requirement in this subdivision if the board department determines that the waiver is in the public interest.

SB77, s. 4611 Section 4611. 562.05 (6m) (c) of the statutes is amended to read:

SB77,1755,8 562.05 (6m) (c) In considering whether to grant an intertrack wagering license, the board department shall give due consideration to the best interests of the public and to maximizing revenue to the state.

SB77, s. 4612 Section 4612. 562.05 (6m) (d) of the statutes is amended to read:

SB77,1755,15 562.05 (6m) (d) On each intertrack wagering license that the board department issues, the board department shall identify the racetrack at which intertrack wagering may be conducted, the times and number of days or specific dates, as determined by the board department, during which intertrack wagering may be conducted, and the host track from which the simulcast of each race performance on which intertrack wagering may be conducted shall originate.

SB77, s. 4613 Section 4613. 562.05 (6m) (e) (intro.) of the statutes is amended to read:

SB77,1755,19 562.05 (6m) (e) (intro.) The board department shall revoke an intertrack wagering license if the board department determines that any of the following applies:

SB77, s. 4614 Section 4614. 562.05 (7) (a) (intro.) of the statutes is amended to read:

SB77,1755,24 562.05 (7) (a) (intro.) Except as provided under par. (ag), before the board department issues a license under this section, the board department, with the assistance of the department of justice, shall conduct a background investigation of the applicant for the license and of any of the following related to the applicant:

SB77, s. 4615 Section 4615. 562.05 (7) (ag) (intro.) of the statutes is amended to read:

SB77,1756,7 562.05 (7) (ag) (intro.) Paragraph (a) applies to any person required under s. 562.02 (1) (am) to have a license except for any person determined by the board department under s. 562.02 (1) (am) to require a license. Before the board department issues a license to any person determined by the board under s. 562.02 (1) (am) to require a license, the board department may, with the assistance of the department of justice, conduct a background investigation of the applicant for that license and of any of the following related to the applicant:

SB77, s. 4616 Section 4616. 562.05 (7) (am) of the statutes is created to read:

SB77,1756,10 562.05 (7) (am) The department shall require each person who is subject to an investigation under par. (a) to provide his or her social security number.

SB77, s. 4617 Section 4617. 562.05 (7) (b) of the statutes is amended to read:

SB77,1756,17 562.05 (7) (b) The board department shall require any person subject to an investigation under par. (a) to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of that person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of that person and obtaining any record of that person's criminal arrests and convictions.

SB77, s. 4618 Section 4618. 562.05 (7) (bg) of the statutes is amended to read:

SB77,1756,24 562.05 (7) (bg) The board department may require any person subject to an investigation under par. (ag) to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of that person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of that person and obtaining any record of that person's criminal arrests and convictions.

SB77, s. 4619 Section 4619. 562.05 (8) (a) of the statutes is amended to read:

SB77,1757,2 562.05 (8) (a) The board department may revoke or suspend a license for good cause after notice and hearing under s. 227.44.

SB77, s. 4620 Section 4620. 562.05 (8) (b) of the statutes is amended to read:

SB77,1757,7 562.05 (8) (b) The board department shall permanently revoke the license of any licensee whom the board department determines under par. (a) has administered a medication or foreign substance to an animal in violation of s. 562.09 (1).

SB77, s. 4621 Section 4621. 562.05 (8) (c) of the statutes is amended to read:

SB77,1757,10 562.05 (8) (c) The board department shall permanently revoke the license of any licensee who violates s. 562.105.

SB77, s. 4622 Section 4622. 562.05 (8) (d) of the statutes is created to read:

SB77,1757,16 562.05 (8) (d) If required in a memorandum of understanding entered into under s. 49.857, the department shall suspend or restrict or not renew the license of any person who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

SB77, s. 4623 Section 4623. 562.05 (8m) of the statutes is created to read:

SB77,1757,20 562.05 (8m) The department may not disclose the social security number of any applicant for a license except to the department of industry, labor and job development for the sole purpose of administering s. 49.22.

SB77, s. 4624 Section 4624. 562.05 (9) (a) of the statutes is amended to read:

SB77,1757,24 562.05 (9) (a) Every license issued under sub. (1) (b) or (c) 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 board department.

SB77, s. 4625 Section 4625. 562.05 (9) (b) of the statutes is amended to read:

SB77,1758,6 562.05 (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 board department shall consider the competitive effects on licensees under sub. (1) (a) and (b).

SB77, s. 4626 Section 4626. 562.05 (10) of the statutes is amended to read:

SB77,1758,11 562.05 (10) The board department shall revoke the license issued under sub. (1) (a) 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.