Chapter Game 24

Game 24.095 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; emerg. am. eff. 8-25-95; am. Register, January, 1996, No. 481, eff. 2-1-96.

Game 24.10 Game 24.10 Duration. Intertrack wagering licenses shall expire on the last date for which permission to conduct intertrack wagering has been approved by the division.

Game 24.10 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.

subch. III of ch. Game 24 Subchapter III — Interstate Broadcasts or Simulcasting

Game 24.11 Game 24.11 Interstate broadcasts - Wisconsin racetrack as host track. The following shall apply when a Wisconsin racetrack is the host track:

Game 24.11(1) (1) A Wisconsin racetrack proposing to be a host track for simulcasting purposes shall provide written notification to the division at least 10 days prior to sending its races to out-of-state guest track locations. Notification to the division shall include the identification and location of the out-of-state guest tracks, the manner in which the pools will be formed at the guest track, and copies of all simulcast contracts with each out-of-state guest track.

Game 24.11(2) (2) Wisconsin host tracks shall include as part of their contracts with out-of-state guest tracks all requirements of ch. Game 24 applicable to host tracks.

Game 24.11(3) (3) Wisconsin host tracks shall not delay post times for purposes of accumulating wagers from out-of-state guest tracks, with the exception of an emergency which requires a manual merge of wagering data or emergencies beyond the control of the Wisconsin host track. No delay may occur without informing the stewards, prior to the next race.

Game 24.11(4) (4) All contracts entered into by a Wisconsin host track with an out-of-state guest track shall include a provision to the effect that the guest track shall provide any and all information necessary for the host track’s accounting of its pari-mutuel activities and any information required by the division in Wisconsin for auditing purposes.

Game 24.11 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; emerg. renum. (1) to (3) to be (2) to (4) and am., cr. (1), eff 8-25-95; renum. (1) to (3) to be (2) to (4) and am., cr. (1), Register, January, 1996, No. 481, eff. 2-1-96.

Game 24.12 Game 24.12 Interstate broadcasts - commingled pools. The following shall apply for interstate broadcasts with commingled pools:

Game 24.12(1) (1) All contracts governing participation in interstate commingled pools shall be submitted to the division for approval prior to commingling pools as a guest or host track.

Game 24.12(2) (2) Rules established for pari-mutuel pools for the out-of-state host track shall apply to the pari-mutuel pools offered at the Wisconsin guest track.

Game 24.12(3) (3) When a Wisconsin racetrack is the host track, the wagers received by the out-of-state guest tracks may be transmitted to the host track in Wisconsin to form a commingled pool.

Game 24.12(4) (4) Each Wisconsin guest track shall have individual contracts with each out-of-state host track and the Wisconsin guest tracks’ pools shall remain separate for accounting, auditing, reporting, purse calculations, tax liability, and all other statutory obligation purposes.

Game 24.12(5) (5) When the commingled pool or a separate pool is formed in Wisconsin, the odds and the payout prices shall be calculated in accordance with the rules in ch. Game 9. In arriving at the amount distributable to the bettors, the total take-out being used by the Wisconsin host track shall apply.

Game 24.12(6) (6) If any Pick (N) pool, exchange pool or any other pari-mutuel pool that is not provided for in ch. Game 9 is rejected by an out-of-state host track, then a refund of these pools shall be provided by the Wisconsin guest track.

Game 24.12(7) (7) If a Wisconsin racetrack is the host track, all applicable provisions contained in ch. 562, Stats., regarding breakage shall apply. If a Wisconsin racetrack is the guest track, the division shall approve any agreement made between the Wisconsin guest track and any out-of-state host track governing the distribution of breakage.

Game 24.12(8) (8) Taxes and other statutory obligations as required by s. 562.065 (3) (c), Stats., shall be applicable to wagers placed at a Wisconsin pari-mutuel facility and received by the Wisconsin host and guest tracks only. Any surcharges or withholding in addition to the takeout shall only apply in the jurisdiction imposing the surcharges or withholdings.

Game 24.12(9) (9) If a Wisconsin guest track commingles its wagering pools with the wagering pools of an out-of-state host track and the wagering takeout deductions of the host track are outside the deductions set forth in s. 562.065 (3) (a), Stats., the Wisconsin guest track, with the prior approval of the division, may adopt the takeout deduction of the out-of-state host track so as to achieve a common takeout rate with other participants in the interstate commingled pool to produce a standard common payout price.

Game 24.12(10) (10) A Wisconsin guest track proposing to participate in an interstate commingled pool may request that the division approve a methodology whereby the states of the host and guest tracks with different takeout rates for corresponding pari-mutuel pools may effectively and equitably combine wagers from the different states into an interstate common pool and achieve a net price payout.

Game 24.12(11) (11) A Wisconsin guest track shall allow its patrons to wager on a specific race or race performance through more than one out-of-state host track.

Game 24.12 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; corrections in (3) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1995, No. 471; renum. (1), (2), (3) and (6) to be (3), (4), (5) and (8) and am., r. (4) and (5), cr. (1), (2), (6), (7), (9) to (11), eff. 8-25-95; renum. (1) to (3) and (6) to be (3) to (5) and (8) and am., r. (4) and (5), cr. (1), (2), (6), (7), (9), to (11), Register, January, 1996, No. 481, eff. 2-1-96.

Game 24.13 Game 24.13 Approval for simulcast wagering, fees, and charges.

Game 24.13(1) (1) A licensee under s. 562.05 (1) (b), Stats., prior to receiving simulcast races from out-of-state racetracks and acting as a guest track to conduct pari-mutuel wagering, must comply with the following:

Game 24.13(1)(a) (a) Notify its tote company 7 days prior to accepting commingled wagers.

Game 24.13(1)(b) (b) Receive prior division approval and comply with the following:

Game 24.13(1)(c) (c) File an application in the form and manner prescribed by the division and submit any exhibits required by the division for each host track in which simulcast races are to be received by the Wisconsin guest track.

Game 24.13(1)(d) (d) Submit a minimum simulcast fee of $20 for each race performance received from an out-of-state host track. In the event the regulatory costs of simulcasting incurred by the division exceeds the assessed fee, the division shall increase the simulcast fee equally to each association conducting simulcasting to ensure simulcast fees equal the expenses of regulating simulcasting. The fee shall be paid no later than 48 hours after the conclusion of the race day in which the simulcast performance started 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. This provision regarding the payment of fees shall be applicable if the guest track accepts wagers on any race of a race performance from an out-of-state host track.

Game 24.13(1)(e) (e) For a Wisconsin guest track at which $25,000,000 or more was wagered during the calendar year immediately preceding the year in which the Wisconsin guest track proposes to conduct wagering on simulcast races, at least 250 live race performances were conducted at the racetrack during that period.

Game 24.13(1)(f) (f) For a Wisconsin guest track at which less than $25,000,000 was wagered during the calendar year immediately preceding the year in which the Wisconsin guest track proposes to conduct wagering on simulcast races, at least 200 live race performances were conducted at the racetrack during that period.

Game 24.13(1)(g) (g) For a Wisconsin guest track, wagering on simulcast races shall be conducted at the Wisconsin guest track only as an adjunct to, and not in a manner that will supplant, wagering on live on-track racing at that racetrack, and wagering on simulcast races shall not be the primary source of wagering revenue at that racetrack.

Game 24.13(1)(h) (h) For a Wisconsin guest track, the conduct of simulcast wagering shall not adversely affect the public health, welfare, or safety.

Game 24.13(2) (2) The division may deny or suspend approval to the Wisconsin guest track to receive simulcast races from an out-of-state host track based on the following:

Game 24.13(2)(a) (a) The out-of-state host track is not in good standing or licensed by the governing regulatory body entrusted with the oversight and licensing responsibilities of the host track.

Game 24.13(2)(b) (b) The jurisdiction from which the simulcast race originates does not have an animal drug testing program to test participating animals.

Game 24.13(2)(c) (c) Any reason which the division determines would affect the integrity of the wagering pools, totalizator system, or pari-mutuel wagering at either the host or guest track.

Game 24.13(3) (3) After obtaining division approval to receive simulcast races from an out-of-state racetrack, any additions or deletions of race performances shall be submitted to the division for approval at least 72 hours prior to the proposed implementation of the change.

Game 24.13 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; emerg. r. and recr., eff. 8-25-95; r. and recr. Register, January, 1996, No. 481, eff. 2-1-96; emerg. am. (1) (d), eff. 3-1-96; am. (1) (d), Register, August, 1996, No. 488, eff. 9-1-96.

Game 24.14 Game 24.14 Duties of a Wisconsin host track in conducting simulcast wagering.

Game 24.14(1) (1) The Wisconsin host track shall do all of the following:

Game 24.14(1)(a) (a) Conduct simulcast wagering via core to core or (TIM) to tote transmissions with the out-of-state guest track.

Game 24.14(1)(b) (b) Be responsible for the content of its broadcast and use all reasonable effort to present a broadcast which offers the viewers an accurate depiction of its race performance, a display of wagering information, and a continuity of programming between racing events. All equipment to be utilized in the generation, transmission, reception, or in any way affecting the audiovisual signal for which ratings are supplied shall be rated as broadcast quality by the federal communications commission.

Game 24.14(1)(c) (c) Provide all the following:

Game 24.14(1)(c)1. 1. An uplink system or other systems or devices approved by the division.

Game 24.14(1)(c)2. 2. A transponder or other systems or devices approved by the division.

Game 24.14(1)(c)3. 3. Security controls over its communication system, as approved by the division, as are necessary to protect the security of the signals, protect the best interests of the public and to maximize revenues to the state as approved by the division.

Game 24.14(1)(d) (d) Encrypt every audiovisual signal transmitted via satellite using a time displacement decoding algorithm encryption system which has been approved by the division or an equivalent encryption system approved by the division. Any method of transmitting audiovisual signals may not be used until approved by the division.

Game 24.14(1)(e) (e) Maintain a facsimile machine utilizing an independent private telephone line located in the vicinity of the mutuel or totalizator room. Except as provided under par. (f), any changes in the host track race performance shall be transmitted by facsimile machine by the mutuel manager. All information shall be faxed on report forms approved by the division.

Game 24.14(1)(f) (f) Maintain a direct telephone line in the totalizator room. The direct private line telephone communication will be used to relay information during instances when facsimile transmission is not possible, or when facsimile transmission is not timely due to urgency of communication.

Game 24.14(1)(g) (g) Ensure that the primary means of transmitting wagering data is through a dedicated digital data line or a line of sufficient speed as approved in advance by the division. There shall be backup data lines in the event of primary line failure. The backup lines may be dial-up lines. In all circumstances when a dial-up line is used as a backup method of transmission, a report shall be filed with the division within 48 hours. The report shall contain the date and time of the occurrence, the duration, the steps that were taken to correct it, and, if known, the reason for the failure.

Game 24.14(1)(h) (h) Communicate from the host track mutuel manager to all guest track mutuel managers or their designee immediately upon receipt of the information wagering format changes or other information relative to the races or wagering thereon. Host track and guest track mutuel managers shall notify totalizator managers, the public, and division staff where applicable upon receipt of the information.

Game 24.14(1)(i) (i) Not delay post times for purposes of accumulating wagers from guest track locations, with the exception of an emergency which requires a manual merge of wagering data as described in s. Game 24.17 (2) (a). Post times for a race displayed at host track locations and guest track locations shall be the same, with time zones taken into consideration.

Game 24.14(1)(j) (j) Keep at least one television monitor, in a location to be approved by the division, exclusively for reviewing the outgoing signal being sent to its guest track facilities during a simulcast performance.

Game 24.14(1)(k) (k) Issue the stop bet command at the moment the lure begins its movement.

Game 24.14(2) (2) The audiovisual contractor or host track shall ensure that every audiovisual signal shall contain the following in its video content:

Game 24.14(2)(a) (a) The date.

Game 24.14(2)(b) (b) A digital display of the actual time of day.

Game 24.14(2)(c) (c) The name of the racetrack from which it emanates.

Game 24.14(2)(d) (d) The minutes to post for each race.

Game 24.14(2)(e) (e) The number of the race being displayed.

Game 24.14(2)(f) (f) An indication that a race being shown is a replay of a previously run race, if it is a replay.

Game 24.14(3) (3) The audiovisual contractor or host track shall, not earlier than one hour and not later than 15 minutes prior to the commencement of transmission of a race performance, perform a test program of its transmitter, encryption, decoding, data communication, or other systems or devices approved by the division, to assure proper operation of the broadcast system. Any irregularity shall be reported within 24 hours to the division stewards.

Game 24.14 History History: Emerg. cr. eff. 8-25-95; cr. Register, January, 1996, No. 481, eff. 2-1-96.

Game 24.15 Game 24.15 Duties of Wisconsin host track in accounting and reporting. The Wisconsin host track shall do all of the following:

Game 24.15(1) (1) For purposes of distribution of the wagering pool, breakage pools and minus pools shall be allocated pro-rata based on the percentage of winning dollars wagered at each location for each entry, pool and race, pursuant to s. 562.065 (3) (e), Stats., and s. Game 8.07.

Game 24.15(2) (2) In order to facilitate the transfer of money between host tracks and guest tracks, each host track shall perform a daily reconciliation of its racing accounts and all amounts due to or from guest tracks. The frequency of transfer of monies between host tracks and guest tracks shall be as specified by contract. A weekly report of the accounts payable and receivable incurred from simulcast pari-mutuel activity shall be submitted to the division by the host track listing the balance of the host track and all guest tracks that are commingling pools with the host track. The forms used to monitor the accounts payable and receivable for each racetrack shall be approved by the division.

Game 24.15 History History: Emerg. cr. eff. 8-25-95; cr. Register, January, 1996, No. 481, eff. 2-1-96.

Game 24.16 Game 24.16 Duties of the Wisconsin guest track in simulcast wagering. The Wisconsin guest track shall do all of the following:

Game 24.16(1) (1) Conduct simulcast wagering via core to core or machine (TIM) to tote transmissions with the out-of-state host track.

Game 24.16(2) (2) Discontinue simulcast wagering upon the issuance of the stop bet command issued by the host track, or if the stop bet command is not received, at the time the greyhounds are placed in the starting box in greyhound racing, when the first horse is loaded into the starting gate in thoroughbred racing or when the starting gate begins to move in harness racing. The locking of windows is the ultimate responsibility of the mutuel departments.

Game 24.16(3) (3) When commingling, only offer pools which are the same as those offered by the host track, but the guest track is not required to offer all pools offered by the host track. Guest tracks may elect to exclude pools offered by the host track upon contractual agreement between the guest track and the host track. The host track shall also determine the minimum ticket price that is available for each pool.

Game 24.16(4) (4) Cycle of frequency of the change of odds displayed on the display devices at intervals determined by the host track. An explanation shall be posted in prominent locations throughout the facility or provided in the daily race program indicating that odds and other wagering information may be delayed due to the accumulation and transfer of simulcast wagering data.

Game 24.16(5) (5) In order to facilitate the transfer of money between host tracks and guest tracks, perform a daily reconciliation of its racing accounts and all amounts payable or receivable to the host track. The frequency of the transfer of monies between host tracks and guest tracks shall be as specified by contract.

Game 24.16(6) (6) Ensure that tickets sold at Wisconsin guest tracks conform to the requirements of s. Game 10.06 (7), and are identified as simulcast wagers.

Game 24.16(7) (7) Not earlier than one hour and not later than 15 minutes prior to the commencement of transmission of a race, perform a test program of its transmitter, encryption, decoding, or other systems or devices approved by the division, data communication to assure proper operation of the broadcast system. Any irregularity shall be reported to the division within 24 hours.

Game 24.16(8) (8) To ensure for the cessation of wagering in accordance with sub. (2), provide sufficient television monitors in each totalizator room at the guest track to provide key totalizator and mutuel employees a view of all animals starting in each race at any host track.

Game 24.16(9) (9) Make available to its patrons a copy or facsimile of the official daily race program from each host track sending its signal to the Wisconsin guest track.

Game 24.16(10) (10) Maintain a facsimile machine using an independent private telephone line located in the vicinity of the mutuel or totalizator room. If a manual transmission of data is necessary the facsimile machine shall be the priority method of receiving any changes in the host track’s official daily race program, racing information or any wagering data.

Game 24.16(11) (11) Maintain a direct telephone line located in the totalizator room to receive information when facsimile transmission is not possible, or when facsimile transmission is not timely due to urgency of communication. Any direct private line telephone communication shall be confirmed in writing by the mutuel manager or designee within 24 hours after the end of the performance. A copy shall be provided to the division within 24 hours.

Game 24.16(12) (12) Display the same post time as the host track for all simulcast races, with time zones taken into consideration.

Game 24.16(13) (13) Provide all of the following:

Game 24.16(13)(a) (a) If satellite transmission is utilized, a downlink system which does not interfere with the closed circuit television system utilized by the guest track association for patron information.

Game 24.16(13)(b) (b) Security controls over its communication system, as approved by the division, as are necessary to protect the security of the signals, protect the best interests of the public and maximize revenues to the state as approved by the division.

Game 24.16(13)(c) (c) One or more information windows or designated areas to address patron complaints, questions, and which shall contain a copy of the division’s administrative rules and rules for all out-of-state host tracks for patron review.

Game 24.16(14) (14) If live on-track racing is being conducted during the same period simulcast wagering is provided, all purse payment monies generated from the simulcast wagering pools shall be paid in accordance with the identified time frame for payment as identified in s. 562.065 (3) (b) 2., Stats. If simulcast wagering is conducted during periods when no live on-track racing is occurring, a plan for the distribution of purse monies generated from simulcast wagering pools shall be submitted to the division for approval prior to the start of the live on-track racing. The division shall establish the percentage of simulcast handle wagered on both horse and greyhound races from out-of-state host tracks to Wisconsin guest tracks that shall be allocated toward the payment of purses for greyhound racing in Wisconsin.

Game 24.16(15) (15) Ensure that the primary means of transmitting wagering data is through a dedicated digital data line or a line of sufficient speed as approved in advance by the division. There shall be backup data lines in the event of primary line failure. The backup lines may be dial-up lines. In all circumstances when a dial-up line is used as a backup method of transmission, a report shall be filed with the division within 48 hours. The report shall contain the date and time of the occurrence, the duration, the steps that were taken to correct it, and, if known, the reason for the failure.

Game 24.16 History History: Emerg. cr. 8-25-95; cr. Register, January, 1996, No. 481, eff. 2-1-96; CR 03-070: am. (14) Register November 2003 No. 575, eff. 12-1-03.

Game 24.17 Game 24.17 Simulcast wagering - emergency procedures. The following emergency procedures are established: