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DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO.
Regulated gaming activities-transfer and consolidation.
Sponsored by: HDraft Committee
A BILL
for
1 AN ACT relating to the administration of government;
2 transferring the Wyoming gaming commission to the
3 department of revenue; making conforming amendments;
4 providing applicability; transferring positions and funds;
5 providing rulemaking authority; requiring reporting;
6 recreating, renumbering and amending statutes for the
7 regulation of gaming; repealing obsolete and conflicting
8 provisions; providing for application as specified; and
9 providing for an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13 Section 1.
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1
2 (a) The Wyoming gaming commission is transferred by a
3 type 1 transfer, as defined in W.S. 9-2-1707(b)(i), to the
4 department of revenue. All positions, personnel,
5 appropriations, property, equipment and authority in
6 agencies and programs transferred to the department of
7 revenue by this act are under the control of the department
8 of revenue as provided by this act. The validity of rules,
9 regulations, contracts, agreements, licenses, permits,
10 decals or other obligations transferred by this act are not
11 affected by this act.
12
13 (b) Notwithstanding any other provision of law, the
14 governor may authorize the use of authorized positions
15 within the Wyoming gaming commission and funds appropriated
16 to the commission to staff and fund the department of
17 revenue for the remainder of the fiscal biennium ending
18 June 30, 2026. For the fiscal biennium commencing July 1,
19 2026, the director of the department of revenue shall
20 submit a budget request as provided by W.S. 9-2-1010
21 through 9-2-1014 for the functions assigned to the
22 department of revenue under this act.
23
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1 (c) Upon the effective date of this act, any
2 reference in Wyoming statutes to a function assigned to the
3 Wyoming gaming commission shall be carried out by the
4 department of revenue. The department of revenue shall
5 promulgate rules to effectuate the purposes of this act.
6
7 ***********************************************************
8 *******************
9 STAFF COMMENT
10 This bill draft transfers regulation of gaming to the
11 Department of Revenue and moves all existing statutes
12 regulating gaming activities. This bill draft is intended
13 to be technical in nature. The structure of the new Chapter
14 25 in Title 9 under this bill would be as follows:
15
16 CHAPTER 25 REGULATED GAMING ACTIVITIES
17 ARTICLE 1 – IN GENERAL
18 9-25-101. Definitions.
19 9-25-102. Regulation of gaming activities; rulemaking.
20 ARTICLE 2 – CHARITABLE GAMING
21 9-25-201. Definitions
22 9-25-202. Bingo games and pull tab games.
23 9-25-203. Calcutta wagering.
24 ARTICLE 3 - PARI-MUTUEL WAGERING
25 9-25-301. Definitions.
26 9-25-302. Financial interest in events; licenses generally;
27 rulemaking.
28 9-25-303. Pari-mutuel permits; fees and reports;
29 disposition of funds; enforcement of provisions.
30 9-25-304. Qualifications as to horses; preference to
31 Wyoming bred horses.
32 9-25-305. Horses to race under true name; substitution of
33 horses, concealment of identification,
34 prohibited.
35 9-25-306. Stimulation or retardation of animals prohibited;
36 tests.
37 9-25-307. Bribery, touting and betting by minors
38 prohibited.
39 9-25-308. County elections as to pari-mutuel events.
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1 9-25-309. Bond of permittees; required; conditions;
2 prosecution of actions.
3 9-25-310. Penalties.
4 9-25-311. Removal of livestock from quarters at county or
5 state fairs.
6 ARTICLE 4 - SKILL BASED AMUSEMENT GAMES
7 9-25-401. Definitions.
8 9-25-402. Skill based amusement games authorization;
9 commission authority; applicability.
10 9-25-403. Laboratory report required.
11 9-25-404. Restrictions on operation of skill based
12 amusement games.
13 9-25-405. Required permits and licenses; applicable fees;
14 tax imposition; taxation rate; distribution.
15 9-25-406. Operator permit, vendor license and skill based
16 amusement game decal approval; criteria; review.
17 9-25-407. Penalties.
18 ARTICLE 5 - ONLINE SPORTS WAGERING
19 9-25-501. Definitions.
20 9-25-502. Online sports wagering regulation; rulemaking.
21 9-25-503. Permits; licenses; fees; application.
22 9-25-504. Distribution of revenue.
23 9-25-505. Age to engage in online sports wagering.
24 9-25-506. Penalties; compliance.
25 ***********************************************************
26 *******************
27
28 Section 2. W.S. 9-25-101, 9-25-102, 9-25-201 through
29 9-25-203 and 9-25-401 are created to read:
30
31 CHAPTER 25
32 REGULATED GAMING ACTIVITIES
33
34 ARTICLE 1
35 IN GENERAL
36
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1 9-25-101. Definitions.
2
3 (a) As used in this chapter:
4
5 (i) "Department" means the department of revenue;
6
7 (ii) "Net proceeds" means all revenue less the
8 payment to the player;
9
10 (iii) "Gaming activity" means all gaming
11 activities provided for and regulated by this chapter.
12
13 9-25-102. Supervision of gaming activities;
14 rulemaking; prosecution.
15
16 (a) The department shall:
17
18 (i) Supervise the conduct of all gaming
19 activities provided for and regulated by this chapter;
20
21 (ii) Administer and enforce title 6, chapter 7,
22 article 1 of the Wyoming statutes;
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1 (iii) Designate a division to administer and
2 enforce this chapter;
3
4 (iv) Access criminal history record information
5 for all employees of the department who supervise the
6 conduct of gaming activities or administer and enforce
7 title 6, chapter 7, article 1 of the Wyoming statutes,
8 subject to W.S. 9-1-627(d).
9
10 (b) The department may make reasonable rules for the
11 control, supervision and direction of applicants,
12 permittees and licensees under this chapter.
13
14 (c) The attorney general may, at the request of the
15 department, act on behalf of the department to prosecute
16 criminal actions under W.S. 6-7-101 through 6-7-104 and 9-
17 25-301 through 9-25-407 if after a thorough investigation
18 the action is deemed advisable by the attorney general.
19 ***********************************************************
20 *******************
21 STAFF COMMENT
22 Note that subsection (c) above is moved from current W.S.
23 11-205-208(b). If the committee wishes to specifically
24 authorize the attorney general to also prosecute violations
25 of bingo, pull-tab, Calcutta, and online sports wagering
26 provisions, the subsection should be broadened.
27
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1 With significant input from the committee, other uniform
2 provisions could be recreated in this article for general
3 subjects such as background checks, fees, reporting,
4 application procedures, etc.
5 ***********************************************************
6 *******************
7
8 ARTICLE 2
9 CHARITABLE GAMING
10
11 9-25-201. Definitions.
12
13 (a) As used in this article:
14
15 (i) "Calcutta wagering" means wagering on the
16 outcome of amateur contests, cutter horse racing, dog sled
17 racing, professional rodeo events or professional golf
18 tournaments in which those who wager bid at auction for the
19 exclusive right to "purchase" or wager upon a particular
20 contestant or entrant in the event and when the outcome of
21 the event has been decided the total wagers comprising the
22 pool, less a percentage "take-out" by the event's sponsor,
23 is distributed to those who "purchased" or wagered upon the
24 winning contestants or entrants;
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1 (ii) "Charitable or nonprofit organization"
2 means an organization recognized as a charitable or
3 nonprofit organization under Wyoming statutes and which
4 possesses a valid exemption from federal income tax issued
5 by the Internal Revenue Service under the provisions of 26
6 U.S.C. 501(c) and political parties organized under the law
7 of Wyoming and exempt from federal income tax issued by the
8 Internal Revenue Service under the provisions of 26 U.S.C.
9 527.
10
11 9-25-202. Bingo games and pull tab games.
12
13 (a) The department shall regulate bingo games and pull
14 tab games.
15
16 (b) Bingo games shall only be conducted and pull tab
17 games shall only be sold in accordance with this section by
18 charitable or nonprofit organizations that have been in
19 existence in this state for at least three (3) years and
20 that are licensed under this section.
21
22 (c) A charitable or nonprofit organization applying
23 for a license under this section shall do so on a uniform
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1 application furnished by the department. The department
2 shall not charge applicants any fee and shall not require
3 any fee for any license issued under this section.
4
5 (d) Any person required to be licensed under this
6 section shall file an annual report with the department as
7 specified by rule.
8
9 (e) Bingo games and pull tab games authorized under
10 this section shall be subject to the following:
11
12 (i) Tickets for bingo games shall be sold only in
13 this state;
14
15 (ii) Pull tab games shall be sold only on the
16 premises owned or occupied by the charitable or nonprofit
17 organization licensed under this section;
18
19 (iii) In conducting bingo games and pull tab games
20 the charitable or nonprofit organization shall use only
21 volunteers who are bona fide members of the charitable or
22 nonprofit organization or employees or contractors who are
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1 paid by the charitable or nonprofit organization to assist
2 in the operation of the game;
3
4 (iv) Players of bingo games or pull tab games
5 shall be eighteen (18) years or older;
6
7 (v) At least sixty-five percent (65%) of all gross
8 sales of bingo games and pull tab games shall be redeemed
9 as winnings each month. The net proceeds after payment of
10 winnings shall be restricted as follows:
11
12 (A) No more than forty percent (40%) of net
13 proceeds shall be paid to distributors or manufacturers of
14 supplies or equipment necessary to conduct the game; and
15
16 (B) Seventy-five percent (75%) of the net
17 proceeds remaining after payment for all costs and supplies
18 shall be donated within one (1) year by the organization to
19 a bona fide charitable or benevolent purpose.
20
21 (vi) The charitable or nonprofit organization
22 conducting the bingo game or pull tab game may purchase
23 supplies or equipment necessary to conduct the game from a
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1 distributor or manufacturer at a price based on a per card
2 or pull tab basis subject to the limitations provided in
3 subparagraph (v)(A) of this subsection.
4
5 9-25-203. Calcutta wagering.
6
7 (a) The department shall regulate calcutta wagering on
8 contests and events.
9
10 (b) Calcutta wagering on contests or events shall only
11 be conducted by bona fide nationally chartered veterans',
12 religious, charitable, educational or fraternal
13 organizations and nonprofit local civic or service clubs
14 organized or incorporated under the laws of this state and
15 that are licensed under this section.
16
17 (c) An organization or club applying for a license
18 under this section shall do so on a uniform application
19 furnished by the department. The department shall not
20 charge applicants any fee and shall not require any fee for
21 any license issued under this section.
22
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1 (d) Any person required to be licensed under this
2 section shall file an annual report with the department as
3 specified by rule.
4
5 (e) Calcutta wagering on contests or events
6 authorized under this section shall be subject to the
7 following:
8
9 (i) The contest or event shall be conducted
10 solely in this state;
11
12 (ii) Any rules affecting the contest or
13 requirements for participants shall be clearly posted;
14
15 (iii) The total prizes or prize money paid out in
16 any one (1) contest or event shall not exceed ninety
17 percent (90%) of the total wagers;
18
19 (iv) A minimum of ten percent (10%) of the total
20 wag