Department of justice enforcement authority.
Humane treatment of animals.
It is the intent of the legislature that animals which participate in races in this state on which pari-mutuel wagering is conducted and animals which are bred and trained in this state for racing shall be treated humanely, both on and off racetracks, throughout the lives of the animals.
History: 1987 a. 354
; 1989 a. 31
Except as provided in s. 562.124
, in this chapter:
“Administrator" means the administrator of the division of gaming.
“Breakage" means the odd cents by which the amount payable on each dollar wagered on a race exceeds a multiple of 10 cents.
“Business day" means a business day, as defined in s. 421.301 (6)
, that is not a legal holiday under s. 995.20
or a federal legal holiday.
“Department" means the department of administration.
“Division of gaming" means the division of gaming in the department.
“Fair" means any fair conducted by a county or an agricultural society, association or board receiving aid under s. 93.23
“Host track" means a racetrack that conducts a race on which intertrack wagering is conducted.
“Intertrack wager" means a wager that is placed or accepted at a racetrack on a race that is conducted at, and simultaneously televised to the racetrack from, another racetrack.
“Licensee" means any person holding a license.
“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.
“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.
“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.
“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
“Race day" means any day on which a race is conducted.
“Race meeting" means the period during a calendar year for which a person has been issued a license under s. 562.05 (1) (b)
“Race performance" means a schedule of races of either a matinee or night program that are conducted on a race day.
“Racing" means the conduct of a race.
The department may do any of the following:
Provide all of the security services for the racing operations under this chapter.
Monitor the regulatory compliance of racing operations under this chapter.
Audit the racing operations under this chapter.
Investigate suspected violations of this chapter.
Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.
If the division of criminal investigation in the department of justice chooses not to investigate a report under sub. (5)
, coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.
History: 1997 a. 27
Racing operations. 562.02(1)(a)
Regulate racing and on-track pari-mutuel wagering in this state and shall promulgate all rules necessary to administer this chapter. The department shall do everything necessary to ensure that the public interest is protected in relation to racing.
Administer the issuance of licenses. The department may not issue any license under s. 562.05 (1) (a)
without a hearing. The department shall determine which occupations related to racing require licensing, except that the department shall require licenses for the following:
Occupations of participants in horse racing, including horse owners or lessees, horse trainers and their assistants, jockeys or drivers, exercise riders and grooms.
Occupations of participants in dog racing, including dog owners or lessees, dog trainers and their assistants, kennel masters and kennel helpers.
Persons holding concession, management, consultant or other contracts to provide goods or services to a licensee under s. 562.05 (1) (a)
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.
Determine what types of races may be conducted in this state.
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 department and that all contracts for $10,000 or less shall be filed with the department.
By rule, prescribe any restriction on wagering by a licensee or the employees of a licensee which it deems necessary to protect the public interest.
Establish, by rule, a schedule of license suspensions and revocations or forfeitures for violations of this chapter or department rules which may be imposed by the department 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)
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 secretary of administration, 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.
By rule, specify the types of records and books to be maintained by licensees, and, for submission to the department, 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.
Enforce this chapter and the rules under this chapter.
Approve or reject the amount that a licensee is required to deduct from the total amount wagered under s. 562.065 (3) (a)
Employ the staff it deems necessary to administer this chapter, including but not limited to any chemist and veterinarian. The department 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.
Require a fidelity bond for the administrator and any other employee of the division of gaming or may purchase a bond which covers the administrator and all other employees of the division of gaming or designated employees of the division of gaming.
Conduct investigations and inquiries and subpoena any information, document or record which it deems necessary to carry out its duties.
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)
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;
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
Is determined by the department to be a threat to the integrity of racing in this state.
Suspend or revoke any license or impose a forfeiture for any violation of this chapter or department rules relating to pari-mutuel racing. The department 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 department may change any action of the stewards under s. 562.04 (1) (b)
. Fifty percent of the moneys received under this paragraph shall be credited to the appropriation accounts under ss. 20.455 (2) (g)
and 20.505 (8) (g)
Contract with the department of agriculture, trade and consumer protection for any services related to the duties of the department in ensuring the security and humane treatment of animals.
Create a 5-member advisory council, with members representing the racing industry and occupations licensed under s. 562.05 (1) (d)
, to advise the department 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.
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.
Except as provided under s. 562.05 (2m)
, the department shall issue a license under s. 562.05 (1) (a)
to any person who satisfies the requirements of this chapter for such a license.
See also Game
, Wis. adm. code.
Conflicts of interest. 562.025(1)(1)
No employee in the division of gaming who performs any duty related to racing or the secretary, deputy secretary, or assistant deputy secretary of administration and no member of such a person's immediate family, as defined in s. 19.42 (7)
, may, while that person is employed or serves in such a capacity or for 2 years following the termination of his or her employment with the department after having served in such a capacity, do any of the following:
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.
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.
Own, wholly or in part, or have any other interest in any animal which is entered in any race.
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 department.
No person under contract with the department and no employee of any person under contract with the department, other than a vendor or an employee of a vendor as defined in s. 565.01 (7)
, may do any of the following:
Hold any license, except a license covering the professional services being provided to the department, or be employed by or have any direct or indirect interest in any corporation, partnership, limited liability company or association which holds a license.
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.
Own, wholly or in part, or have any other interest in any animal which is entered in any race.
Accept or agree to accept money or anything of value from any person who holds a license or who is regulated by the department or holds any contract to supply goods or services to the department other than the contract under which the person provides professional services.