562.01(7)
(7) "Licensee" means any person holding a license.
562.01(8)
(8) "Multiple pools" means any pool of wagers on one or more races other than a pool of wagers in which each wager represents a wager to win, place or show.
562.01(8g)
(8g) "Out-of-state legal wagering entity" means a person who owns or operates a place located outside this state at which wagering on a race that is conducted in this state is authorized under the laws of the state or country in which the place is located.
562.01(8m)
(8m) "Out-of-state racetrack" means a place outside this state at which a race is authorized by law to be held and at which pari-mutuel wagering on the race is authorized by law to be conducted.
562.01(9)
(9) "Pari-mutuel" means a wagering system in which all persons who wager on any animal which finishes in any position for which wagers are taken in a race share the total amount wagered on the race minus any deductions from the wagers on that race required under
s. 562.065.
562.01(11)
(11) "Race day" means any day on which a race is conducted.
562.01(11g)
(11g) "Race meeting" means the period during a calendar year for which a person has been issued a license under
s. 562.05 (1) (b).
562.01(11r)
(11r) "Race performance" means a schedule of races of either a matinee or night program that are conducted on a race day.
562.01(13)
(13) "Racing" means the conduct of a race.
562.02
562.02
Racing operations. 562.02(1)(a)
(a) Regulate racing and on-track pari-mutuel wagering in this state and shall promulgate all rules necessary to administer this chapter. The board shall do everything necessary to ensure that the public interest is protected in relation to racing.
562.02(1)(am)
(am) Administer the issuance of licenses. The board may not issue any license under
s. 562.05 (1) (a) to
(c) without a hearing. The board shall determine which occupations related to racing require licensing, except that the board shall require licenses for the following:
562.02(1)(am)1.
1. Occupations of participants in horse racing, including horse owners or lessees, horse trainers and their assistants, jockeys or drivers, exercise riders and grooms.
562.02(1)(am)2.
2. Occupations of participants in dog racing, including dog owners or lessees, dog trainers and their assistants, kennel masters and kennel helpers.
562.02(1)(am)7.
7. Persons holding concession, management, consultant or other contracts to provide goods or services to a licensee under
s. 562.05 (1) (a) to
(c).
562.02(1)(b)
(b) Promulgate rules to ensure the humane treatment of animals which race in this state or which are bred and trained in this state for racing and shall establish a program to administer those rules.
562.02(1)(c)
(c) Determine what types of races may be conducted in this state.
562.02(1)(d)
(d) Require by rule that any contract in excess of $10,000 for the provision of goods and services, including but not limited to concessions contracts, entered into by any licensee, be subject to the approval of the board and that all contracts for $10,000 or less shall be filed with the board.
562.02(1)(e)
(e) By rule, prescribe any restriction on wagering by a licensee or the employes of a licensee which it deems necessary to protect the public interest.
562.02(1)(f)
(f) Establish, by rule, a schedule of license suspensions and revocations or forfeitures for violations of this chapter or board rules which may be imposed by the board under
sub. (2) (f) or by the stewards under
s. 562.04 (1) (b). A forfeiture under that schedule may not exceed $10,000. The rule shall include factors to be considered by stewards in acting under
s. 562.04 (1) (b).
562.02(1)(g)
(g) At least once every 3 months, file a written report on the operation of racing in this state with the governor, the attorney general, the state treasurer, the secretary of state, the legislative audit bureau, the president of the senate and the speaker of the assembly. The report shall include information on racetrack operations, race attendance and private, state and local revenues derived from racing in this state.
562.02(1)(h)
(h) By rule, specify the types of records and books to be maintained by licensees, and, for submission to the board, the type of audit of those books and records to be conducted by licensees and the type of financial report to be prepared by licensees.
562.02(1)(j)
(j) Enforce this chapter and the rules under this chapter.
562.02(1)(k)
(k) Approve or reject the amount that a licensee is required to deduct from the total amount wagered under
s. 562.065 (3) (a).
562.02(2)(a)
(a) Employ the staff it deems necessary to administer this chapter, including but not limited to any chemist and veterinarian. The board may not contract for the services of any veterinarian or chemist unless the veterinarian or chemist has not had a conflict of interest under
s. 562.025 (2) at any time during the 12 months immediately preceding the date on which the contract for such services is entered into.
562.02(2)(b)
(b) Require a fidelity bond for the administrator and any other employe of the racing division or may purchase a bond which covers the administrator and all other employes of the racing division or designated employes of the racing division.
562.02(2)(c)
(c) Conduct investigations and inquiries and subpoena any information, document or record which it deems necessary to carry out its duties.
562.02(2)(d)
(d) Without a warrant, inspect any racetrack and examine any book or other record of a licensee subject to the rules promulgated under
sub. (1) (h).
562.02(2)(e)1.
1. Has been convicted of a violation of a law of this or another state or of the United States related to racing or other forms of gambling or to the mistreatment of animals;
562.02(2)(e)2.
2. Has had a license which was issued under
s. 562.05 or under the laws related to racing of any other state suspended, revoked or denied; or
562.02(2)(e)3.
3. Is determined by the board to be a threat to the integrity of racing in this state.
562.02(2)(f)
(f) Suspend or revoke any license or impose a forfeiture for any violation of this chapter or board rules. The board may suspend or revoke an occupational license issued under
s. 562.05 (1) (d) or impose a forfeiture on that licensee under this paragraph if the stewards do not hold a meeting under
s. 562.04 (1) (b) or hold a meeting but do not suspend the license or impose a forfeiture. Upon appeal, the board may change any action of the stewards under
s. 562.04 (1) (b). Fifty percent of the moneys received under this paragraph shall be deposited in the appropriations under
ss. 20.197 (1) (g) and
20.455 (2) (g).
562.02(2)(fm)
(fm) Contract with the department of agriculture, trade and consumer protection for any services related to the duties of the board in ensuring the security and humane treatment of animals.
562.02(2)(g)
(g) Create a 5-member advisory council, with members representing the racing industry and occupations licensed under
s. 562.05 (1) (d), to advise the board on the administration of its powers and duties under this chapter. No member of that council may be reimbursed for any expense incurred in the performance of his or her duties or for any service as a member of that advisory council.
562.02(2)(h)
(h) Inspect and conduct investigations of facilities in this state used for breeding or training animals for racing, for the purpose of obtaining compliance with laws relating to the humane treatment of animals.
562.02(4)
(4) Except as provided under
s. 562.05 (2m), the board shall issue a license under
s. 562.05 (1) (a) to any person who satisfies the requirements of this chapter for such a license.
562.025
562.025
Conflicts of interest. 562.025(1)
(1) No board member or employe and no member of a board member's or employe's immediate family, as defined in
s. 19.42 (7), may, while that board member or employe is serving as a board member or employe or for 2 years following the termination of the membership or employment of that board member or employe, do any of the following:
562.025(1)(a)
(a) Hold a license or be employed by, or have any direct or indirect interest in, any corporation, partnership, limited liability company or association which holds such a license.
562.025(1)(b)
(b) Be employed by or have any direct or indirect interest in any corporation, association, limited liability company or partnership which holds any contract, including but not limited to a concession contract, to supply goods or services to any licensee or at the location of any race.
562.025(1)(c)
(c) Own, wholly or in part, or have any other interest in any animal which is entered in any race.
562.025(1)(e)
(e) Accept or agree to accept money or anything of value from anyone who holds a license or who is regulated by or holds any contract to supply goods or services to the board.
562.025(2)
(2) No person under contract with the board and no employe of any person under contract with the board, other than a vendor or an employe of a vendor as defined in
s. 565.01 (7), may do any of the following:
562.025(2)(a)
(a) Hold any license, except a license covering the professional services being provided to the board, or be employed by or have any direct or indirect interest in any corporation, partnership, limited liability company or association which holds a license.
562.025(2)(b)
(b) Have any direct or indirect interest in or be employed by any person who has any direct or indirect interest in any corporation, association, limited liability company or partnership which holds any contract, including but not limited to a concession contract, to supply goods or services to any licensee or at the location of any race.
562.025(2)(c)
(c) Own, wholly or in part, or have any other interest in any animal which is entered in any race.
562.025(2)(e)
(e) Accept or agree to accept money or anything of value from any person who holds a license or who is regulated by the board or holds any contract to supply goods or services to the board other than the contract under which the person provides professional services.
562.03(1)(a)(a) The board shall appoint the administrator after a nationwide search for persons with experience in public gaming management and regulation and with knowledge of animal racing and pari-mutuel wagering.
562.03(1)(b)
(b) Before appointing an administrator, the board shall, with the assistance of the department of justice, conduct a background investigation of the proposed administrator. The board shall require the proposed administrator to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining any record of his or her criminal arrests and convictions.
562.03(2)
(2) The administrator may employ or provide by contract for the services of stewards, subject to the approval of the board. Any steward under a contract under this subsection shall be under a contract with the board.
562.03(3)(a)(a) The board may employ the staff it considers necessary to administer this chapter.
562.03(3)(b)
(b) Before making an appointment under
par. (a) and
sub. (4), the board shall conduct a background investigation of the proposed employe and shall require that proposed employe to be photographed and fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining any record of his or her criminal arrests and convictions.
562.03(4)
(4) The administrator shall appoint and supervise a chief steward.
562.04
562.04
Racing officials. 562.04(1)(a)(a) Three stewards shall preside over races conducted at a racetrack not at a fair. At least 2 of those stewards shall be employes of the board or providing services to the board under a professional services contract. The rate of compensation of stewards serving under contract to the board shall be commensurate with the rate of compensation established for stewards employed by the board, but less than the rate established for the chief steward. Stewards presiding over a racetrack shall do all of the following:
562.04(1)(a)1.
1. Ensure that races are conducted under the rules of the board.
562.04(1)(a)2.
2. Supervise racing and the racetrack to ensure the integrity of races.
562.04(1)(b)
(b) 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 or engaged in any other conduct which in the opinion of the stewards adversely affects the integrity of racing, the following procedures apply:
562.04(1)(b)1.
1. The 3 stewards shall meet within 3 working days after any one of them has reasonable cause to believe that the alleged violation or conduct occurred.
562.04(1)(b)2.
2. The stewards shall notify the licensee of the time, date and location of the meeting, the specific conduct constituting the alleged offense and the right of the licensee to be present at the meeting, to address stewards at the meeting and to have counsel or an observer of the licensee's choosing present at the meeting.
562.04(1)(b)4.
4. If at least 2 stewards determine that the violation or conduct has occurred, the stewards may, under the schedule established by the board 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 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 the appropriations under
ss. 20.197 (1) (g) and
20.455 (2) (g).
562.04(1)(b)5.
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, 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.
562.04(1)(b)6.
6. Any person adversely affected by a decision issued under
subd. 4. may appeal that decision to the board. The appeal shall be filed with the board 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 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 on the appeal shall be the final administrative decision on any action of the stewards under
subd. 4.
562.04(2)
(2) Other racing officials. The board shall, by rule, specify all of the following:
