Chapter 562

REGULATION OF RACING AND ON-TRACK PARI-MUTUEL WAGERING

562.001   Humane treatment of animals.

562.01   Definitions.

562.017   Racing security.

562.02   Racing operations.

562.025   Conflicts of interest.

562.03   Administrator.

562.04   Racing officials.

562.045   Qualifications of administrator, other employees and stewards.

562.05   Licenses.

562.052   Employees at racetrack.

562.056   Registration of greyhounds.

562.057   Simulcasting races; intertrack wagering.

562.06   Minors on racetracks; wagering prohibited.

562.065   Types of pools, payouts and allocations of amounts wagered.

562.075   Horses foaled in this state; three-year-old horses.

562.08   Admissions tax.

562.09   Medication of or tampering with race animals.

562.10   Prohibition on race dogs trained by live lures or bait.

562.105   Humane killing of dogs.

562.11   Prohibited wagering activities.

562.12   Prohibited race activities.

562.124   Snowmobile racing.

562.125   Department of justice enforcement authority.

562.13   Penalties.

562.001 562.001 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.

562.001 History History: 1987 a. 354; 1989 a. 31.

562.01 562.01 Definitions. Except as provided in s. 562.124, in this chapter:

562.01(1) (1) “Administrator” means the administrator of the division of gaming.

562.01(1m) (1m) “Animal” means a horse or dog.

562.01(3) (3) “Breakage” means the odd cents by which the amount payable on each dollar wagered on a race exceeds a multiple of 10 cents.

562.01(3m) (3m) “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.

562.01(4) (4) “Department” means the department of administration.

562.01(4m) (4m) “Division of gaming” means the division of gaming in the department.

562.01(5) (5) “Fair” means any fair conducted by a county or an agricultural society, association or board receiving aid under s. 93.23.

562.01(5e) (5e) “Host track” means a racetrack that conducts a race on which intertrack wagering is conducted.

562.01(5m) (5m) “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.

562.01(5s) (5s) “Intertrack wagering licensee” means a person who is licensed under s. 562.05 (1) (e).

562.01(6) (6) “License” means a license issued under s. 562.05.

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(10) (10) “Race” means any animal race licensed under s. 562.05 (1).

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(12) (12) “Racetrack” means any racetrack licensed under s. 562.05 (1).

562.01(13) (13) “Racing” means the conduct of a race.

562.01(14) (14) “Steward” means any person appointed, contracted for or approved by the department under s. 562.02 (1) (fm).

562.01 History History: 1987 a. 354; 1989 a. 31, 314; 1991 a. 39, 269; 1995 a. 27 s. 9123 (6pp); 1997 a. 27; 2005 a. 155.

562.017 562.017 Racing security. The department may do any of the following:

562.017(1) (1) Provide all of the security services for the racing operations under this chapter.

562.017(2) (2) Monitor the regulatory compliance of racing operations under this chapter.

562.017(3) (3) Audit the racing operations under this chapter.

562.017(4) (4) Investigate suspected violations of this chapter.

562.017(5) (5) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

562.017(6) (6) 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.

562.017 History History: 1997 a. 27.

562.02 562.02 Racing operations.

562.02(1) (1) The department shall:

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 department 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 department may not issue any license under s. 562.05 (1) (a) to (c) without a hearing. The department shall determine which occupations related to racing require licensing, except that the department 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)3. 3. Veterinarians.

562.02(1)(am)4. 4. Race officials and personnel.

562.02(1)(am)5. 5. Pari-mutuel personnel.

562.02(1)(am)6. 6. Security personnel.

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 department and that all contracts for $10,000 or less shall be filed with the department.

562.02(1)(e) (e) 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.

562.02(1)(f) (f) 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).

562.02(1)(fm) (fm) Approve the appointment of any steward serving under s. 562.04 (1) and (2).

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 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.

562.02(1)(h) (h) 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.

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) (2) The department may:

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 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.

562.02(2)(b) (b) 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.

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) (e) Exclude from any racetrack any person who:

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;