SB77: Bill Text

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.

SB77, s. 4627 Section 4627. 562.057 (1) of the statutes is amended to read:

SB77,1758,15 562.057 (1) An intertrack wagering licensee may accept wagers on races that are conducted at 2 or more host tracks during the same race day with the approval of the board department.

SB77, s. 4628 Section 4628. 562.057 (4) of the statutes is amended to read:

SB77,1758,25 562.057 (4) Subject to sub. (4m), the board department may permit a licensee under s. 562.05 (1) (b) to receive simulcast races from out-of-state racetracks, to conduct pari-mutuel wagering on those races and to commingle the licensee's wagering pools on those races with those of any out-of-state racetrack from which the licensee is permitted to receive simulcast races. The board department may permit a licensee under s. 562.05 (1) (b) to simulcast races to any out-of-state legal wagering entity, and to commingle the licensee's wagering pools on those races with those of any out-of-state legal wagering entity to which the licensee is permitted to simulcast those races.

SB77, s. 4629 Section 4629. 562.057 (4m) (intro.) of the statutes is amended to read:

SB77,1759,4 562.057 (4m) (intro.) The board department may not permit a licensee under s. 562.05 (1) (b) to receive simulcast races under sub. (4) unless the board department determines that all of the following conditions are met:

SB77, s. 4630 Section 4630. 562.057 (5) of the statutes is amended to read:

SB77,1759,7 562.057 (5) The board department shall promulgate rules administering sub. (4).

SB77, s. 4631 Section 4631. 562.065 (1) of the statutes is amended to read:

SB77,1759,11 562.065 (1) Types of pools; purses. The board department shall promulgate rules governing types of pari-mutuel pools that are permitted on races and the payment and allocation of purses for races.

SB77, s. 4632 Section 4632. 562.065 (3) (a) of the statutes is amended to read:

SB77,1759,22 562.065 (3) (a) Deduction. From the total amount wagered on all animals selected to win, place or show in a race, a licensee under s. 562.05 (1) (b) and (c) shall deduct 17% or an amount approved by the board department under s. 562.02 (1) (k) up to 20% and pay the balance, minus breakage, to winning ticket holders, except that for a multiple pool, the licensee shall deduct 23% or an amount approved by the board department under s. 562.02 (1) (k) up to 25% and pay the balance, minus breakage, to winning ticket holders. Nothing in this paragraph prohibits the licensee from retaining amounts wagered in multiple pools which are required to be paid to winning ticket holders if there are no winning ticket holders, for the sole purpose of paying these amounts to winning ticket holders of subsequent races.

SB77, s. 4633 Section 4633. 562.065 (3) (c) 1. (intro.) of the statutes is amended to read:

SB77,1760,3 562.065 (3) (c) 1. (intro.) For horse races, from the total amount deducted under par. (a) on each race day, a licensee under s. 562.05 (1) (b) shall deposit with the board department the following amounts:

SB77, s. 4634 Section 4634. 562.065 (3) (c) 2. of the statutes is repealed.

SB77, s. 4635 Section 4635. 562.065 (3) (c) 2g. (intro.) of the statutes is amended to read:

SB77,1760,8 562.065 (3) (c) 2g. (intro.) For dog races, from the total amount deducted under par. (a) on each race day that is on or after January 1, 1993, a licensee under s. 562.05 (1) (b) shall deposit with the board department the following amounts:

SB77, s. 4636 Section 4636. 562.065 (3) (c) 4. of the statutes is amended to read:

SB77,1760,17 562.065 (3) (c) 4. Annually, not later than February 15, a licensee under s. 562.05 (1) (b) shall file with the board department a statement computing the total amount paid to the board department under subd. 1. during the immediately preceding year and the total amount wagered at races sponsored and managed by the licensee during that year. If the total amount paid to the board department under subd. 1. exceeds the amount due under subd. 1. the board department shall refund the difference to the licensee. If the total amount paid is less than the amount due the licensee shall remit the difference to the board department.

SB77, s. 4637 Section 4637. 562.065 (3) (d) 1. of the statutes is amended to read:

SB77,1760,21 562.065 (3) (d) 1. From the total amount deducted under par. (a) on each race day, a licensee under s. 562.05 (1) (b) shall deposit with the board department an amount equal to 0.75% of the total amount wagered on that race day.

SB77, s. 4638 Section 4638. 562.065 (3) (d) 2. of the statutes is amended to read:

SB77,1760,25 562.065 (3) (d) 2. The board department shall deposit credit the money received under subd. 1. in to the appropriations appropriation accounts under ss. 20.197 (1) (g) and 20.455 (2) (g) and 20.505 (8) (g).

SB77, s. 4639 Section 4639. 562.065 (3m) (c) 1. of the statutes is amended to read:

SB77,1761,7 562.065 (3m) (c) 1. From the total amount of the deduction under par. (a) remaining after the payment of purses under par. (b), the licensee under s. 562.05 (1) (c) shall retain an amount equal to the licensee's costs related to pari-mutuel racing and wagering conducted under the license. The board department shall, by rule, determine the costs which may be included under this subdivision and require auditing of these costs.

SB77, s. 4640 Section 4640. 562.065 (3m) (c) 2. of the statutes is amended to read:

SB77,1761,14 562.065 (3m) (c) 2. The licensee may retain 50% of the amount of the deduction under par. (a) remaining after the payment of purses under par. (b), and the payment of the licensee's cost under subd. 1. The licensee shall deposit the remaining 50% of that amount with the board department. The board department shall deposit credit moneys received under this subdivision in to the appropriation account under s. 20.197 (3) 20.505 (8) (i).

SB77, s. 4641 Section 4641. 562.065 (3r) of the statutes is amended to read:

SB77,1761,20 562.065 (3r) Period for deposit by licensee. The licensee shall make the deposits required under subs. (3) (c) 1. to and 2g. and (d) 1. and (3m) (c) 2. no later than 48 hours after the close of the race day or, if the 48-hour period does not include a business day, on the first business day immediately following the close of the race day.

SB77, s. 4642 Section 4642. 562.065 (4) of the statutes is amended to read:

SB77,1762,2 562.065 (4) Unclaimed prizes. Any winnings on a race which are not claimed within 90 days after the end of the period authorized for racing in that year under s. 562.05 (9) shall be paid to the board department. The board department shall deposit credit moneys received under this subsection in to the appropriations appropriation accounts under ss. 20.197 (1) (g) and 20.455 (2) (g) and 20.505 (8) (g).

SB77, s. 4643 Section 4643. 562.075 (1) of the statutes is amended to read:

SB77,1762,9 562.075 (1) Horses foaled in this state. Every licensee to sponsor and manage horse races under s. 562.05 (1) (b) or (c) shall hold at least one race on every race day which is limited to horses foaled in this state, except that another race may be substituted if the licensee is unable, with reasonable effort, to attract sufficient competition for such a race. The board department shall define, by rule, the term "foaled in this state".

SB77, s. 4644 Section 4644. 562.077 of the statutes is amended to read:

SB77,1762,15 562.077 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.

SB77, s. 4645 Section 4645. 562.08 (3) of the statutes is amended to read:

SB77,1762,21 562.08 (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.

SB77, s. 4646 Section 4646. 562.09 (1) (title) of the statutes is amended to read:

SB77,1762,23 562.09 (1) (title) Board Department rules.

SB77, s. 4647 Section 4647. 562.09 (1) (a) of the statutes is amended to read:

SB77,1763,19 562.09 (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.

SB77, s. 4648 Section 4648. 562.09 (1) (b) of the statutes is amended to read:

SB77,1763,22 562.09 (1) (b) The board department shall establish, by rule, the qualifications for any laboratory which the board department uses for testing under this section.

SB77, s. 4649 Section 4649. 562.09 (2) (a) of the statutes is amended to read:

SB77,1764,3 562.09 (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).

SB77, s. 4650 Section 4650. 562.09 (2) (b) 1. of the statutes is amended to read:

SB77,1764,12 562.09 (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.

SB77, s. 4651 Section 4651. 562.09 (2) (b) 2. of the statutes is amended to read:

SB77,1764,19 562.09 (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.

SB77, s. 4652 Section 4652. 562.09 (2) (bm) of the statutes is amended to read:

SB77,1764,23 562.09 (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.

SB77, s. 4653 Section 4653. 562.09 (2) (c) of the statutes is amended to read:

SB77,1765,3 562.09 (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).

SB77, s. 4654 Section 4654. 562.09 (2) (d) of the statutes is amended to read:

SB77,1765,6 562.09 (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.

SB77, s. 4655 Section 4655. 562.09 (2) (e) of the statutes is amended to read:

SB77,1765,11 562.09 (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).

SB77, s. 4656 Section 4656. 562.09 (3) (c) 2. of the statutes is amended to read:

SB77,1765,14 562.09 (3) (c) 2. That the animal was not properly made available for any test or inspection required by the board department.

SB77, s. 4657 Section 4657. 562.09 (3) (em) of the statutes is amended to read:

SB77,1765,21 562.09 (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.

SB77, s. 4658 Section 4658. 562.09 (3) (f) of the statutes is amended to read:

SB77,1766,2 562.09 (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.

SB77, s. 4659 Section 4659. 562.105 of the statutes is amended to read:

SB77,1766,8 562.105 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.

SB77, s. 4660 Section 4660. 562.12 (1) of the statutes is amended to read:

SB77,1766,11 562.12 (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.

SB77, s. 4661 Section 4661. 562.12 (3) of the statutes is amended to read:

SB77,1766,15 562.12 (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.

SB77, s. 4662 Section 4662. 562.124 (1) of the statutes is amended to read:

SB77,1766,19 562.124 (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.

SB77, s. 4663 Section 4663. 562.124 (2) of the statutes is amended to read:

SB77,1767,2 562.124 (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.

SB77, s. 4664 Section 4664. 563.03 (5) of the statutes is created to read:

SB77,1767,4 563.03 (5) "Department" means the department of administration.