Section 24.12. Interstate broadcasts - commingled pools.

  The following shall apply for interstate broadcasts with commingled pools:

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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.