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DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO.
Consolidation of gaming.
Sponsored by: HDraft Committee
A BILL
for
1 AN ACT relating to the administration of government;
2 recreating, renumbering and amending statutes to
3 consolidate gaming regulation statutes; repealing obsolete
4 provisions; conforming provisions and references; providing
5 for application as specified; and providing for an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9 ***********************************************************
10 *******************
11 STAFF COMMENT
12 This bill draft moves existing statutes regulating gaming
13 activities under Wyoming Statutes to the Wyoming Gaming
14 Commission's existing Chapter 24 in Title 9 of the Wyoming
15 Statutes. The structure under this bill is as follows:
16
17 CHAPTER 24 REGULATED GAMING ACTIVITIES
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1 ARTICLE 1 – ONLINE SPORTS WAGERING
2 (Renumbered to Article 6)
3
4 ARTICLE 2 – IN GENERAL
5 9-24-201. Definitions.*
6 9-24-202. Wyoming gaming commission created; composition;
7 qualifications.
8 9-24-203. Gaming commission; appointment, terms of office
9 and political affiliation of members; vacancies;
10 appointment districts.
11 9-24-204. Gaming commission; officers; director; meetings;
12 personal or private interest; compensation; records.*
13 9-24-205. Supervision of gaming activities; rulemaking;
14 prosecution.*
15
16 ARTICLE 3 – CHARITABLE GAMING
17 9-24-301. Definitions*
18 9-24-302. Bingo games and pull tab games.*
19 9-24-303. Calcutta wagering.*
20
21 ARTICLE 4 - PARI-MUTUEL WAGERING
22 9-24-401. Definitions.
23 9-24-402. Financial interest in events; licenses generally;
24 rulemaking.
25 9-24-403. Pari-mutuel permits; fees and reports;
26 disposition of funds; enforcement of provisions.
27 9-24-404. Qualifications as to horses; preference to
28 Wyoming bred horses.
29 9-24-405. Horses to race under true name; substitution of
30 horses, concealment of identification,
31 prohibited.
32 9-24-406. Stimulation or retardation of animals prohibited;
33 tests.
34 9-24-407. Bribery, touting and betting by minors
35 prohibited.
36 9-24-408. County elections as to pari-mutuel events.
37 9-24-409. Bond of permittees; required; conditions;
38 prosecution of actions.
39 9-24-410. Penalties.
40 9-24-411. Removal of livestock from quarters at county or
41 state fairs.
42
43 ARTICLE 5 - SKILL BASED AMUSEMENT GAMES
44 9-24-501. Definitions.*
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1 9-24-502. Skill based amusement games authorization;
2 commission authority; applicability.
3 9-24-503. Laboratory report required.
4 9-24-504. Restrictions on operation of skill based
5 amusement games.
6 9-24-505. Required permits and licenses; applicable fees;
7 tax imposition; taxation rate; distribution.
8 9-24-506. Operator permit, vendor license and skill based
9 amusement game decal approval; criteria; review.
10 9-24-507. Penalties.
11
12 ARTICLE 6 - ONLINE SPORTS WAGERING
13 9-24-601. Definitions.
14 9-24-602. Online sports wagering regulation; rulemaking.
15 9-24-603. Permits; licenses; fees; application.
16 9-24-604. Distribution of revenue.
17 9-24-605. Age to engage in online sports wagering.
18 9-24-606. Penalties; compliance.
19
20 *Sections created new by this bill draft from existing
21 provisions of law.
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23 ************************
24
25 Section 1. W.S. 9-24-201, 9-24-204 and 9-24-205, 9-
26 24-301 through 9-24-303, 9-24-402 and 9-24-501 are created
27 to read:
28
29 ARTICLE 2
30 IN GENERAL
31
32 9-24-201. Definitions.
33
34 (a) As used in this chapter unless otherwise defined:
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1
2 (i) "Commission" means the Wyoming gaming
3 commission;
4
5 (ii) "Director" means the executive director of
6 the Wyoming gaming commission;
7
8 (iii) "Net proceeds" means all revenue less the
9 payment to the player;
10
11 (iv) "Gaming activity" means all gaming
12 activities provided for and regulated by this chapter.
13
14 9-24-204. Gaming commission; officers; director;
15 meetings; personal or private interest; compensation;
16 records.
17
18 (a) The commission shall annually elect from its
19 membership a president and vice-president, and may employ a
20 director who has a working knowledge of pari-mutuel
21 betting, horse racing and other forms of gaming regulated
22 by the commission or an executive secretary, or both. The
23 director may be retained on a yearly basis or for the
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1 racing season only as determined by the commission. Salary
2 for the director and executive secretary shall be
3 determined by the commission with the consent of the
4 personnel division. The commission may also employ other
5 personnel required to carry out this act.
6
7 (b) The commission shall hold an annual fall meeting
8 in Wyoming and shall hold special meetings at such times
9 and places within Wyoming as the majority of the members
10 determine. A majority of the commission constitutes a
11 quorum and a majority vote of a quorum may act for the
12 commission. The secretary of the commission shall keep a
13 record of the proceedings of the commission which is open
14 at all times for public inspection. Legislative liaisons
15 shall be considered members of the governing body of the
16 commission for purposes of attending executive sessions
17 held pursuant to W.S. 16-4-405(a) only.
18
19 (c) Any member of the commission who has a personal
20 or private interest in any matter proposed or pending
21 before the commission shall publicly disclose this fact to
22 the commission and shall not vote on the matter.
23
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1 (d) The members of the commission shall receive per
2 diem and mileage as provided in W.S. 33-1-302(a)(vii), and
3 compensation of fifty dollars ($50.00) for each day during
4 which they are actually engaged in the discharge of their
5 duties.
6
7 9-24-205. Supervision of gaming activities;
8 rulemaking; prosecution.
9
10 (a) The commission shall:
11
12 (i) Supervise the conduct of all gaming
13 activities provided for and regulated by this chapter;
14
15 (ii) Administer title 6, chapter 7, article 1 of
16 the Wyoming statutes;
17
18 (iii) Access criminal history record information
19 for all employees who supervise the conduct of gaming
20 activities or administer and enforce title 6, chapter 7,
21 article 1 of the Wyoming statutes, subject to W.S. 9-1-
22 627(d).
23
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1 (b) The commission may make reasonable rules for the
2 control, supervision and direction of applicants,
3 permittees and licensees under this chapter.
4
5 (c) The attorney general may, at the request of the
6 department, act on behalf of the commission to prosecute
7 criminal actions under W.S. 6-7-101 through 6-7-104 and 9-
8 24-401 through 9-24-407 if after a thorough investigation
9 the action is deemed advisable by the attorney general.
10
11 ARTICLE 3
12 CHARITABLE GAMING
13
14 9-24-301. Definitions.
15
16 (a) As used in this article:
17
18 (i) "Calcutta wagering" means wagering on the
19 outcome of amateur contests, cutter horse racing, dog sled
20 racing, professional rodeo events or professional golf
21 tournaments in which those who wager bid at auction for the
22 exclusive right to "purchase" or wager upon a particular
23 contestant or entrant in the event and when the outcome of
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1 the event has been decided the total wagers comprising the
2 pool, less a percentage "take-out" by the event's sponsor,
3 is distributed to those who "purchased" or wagered upon the
4 winning contestants or entrants;
5
6 (ii) "Charitable or nonprofit organization"
7 means an organization recognized as a charitable or
8 nonprofit organization under Wyoming statutes and which
9 possesses a valid exemption from federal income tax issued
10 by the Internal Revenue Service under the provisions of 26
11 U.S.C. 501(c) and political parties organized under the law
12 of Wyoming and exempt from federal income tax issued by the
13 Internal Revenue Service under the provisions of 26 U.S.C.
14 527.
15
16 9-24-302. Bingo games and pull tab games.
17
18 (a) The commission shall regulate bingo games and pull
19 tab games.
20
21 (b) Bingo games shall only be conducted and pull tab
22 games shall only be sold in accordance with this section by
23 charitable or nonprofit organizations that have been in
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1 existence in this state for not less than three (3) years
2 and that are licensed under this section.
3
4 (c) A charitable or nonprofit organization applying
5 for a license under this section shall do so on a uniform
6 application furnished by the commission. The commission
7 shall not charge applicants any fee and shall not require
8 any fee for any license issued under this section.
9
10 (d) Any person required to be licensed under this
11 section shall file an annual report with the commission as
12 specified by rule.
13
14 (e) Bingo games and pull tab games authorized under
15 this section shall be subject to the following:
16
17 (i) Tickets for bingo games shall be sold only in
18 this state;
19
20 (ii) Pull tab games shall be sold only on the
21 premises owned or occupied by the charitable or nonprofit
22 organization licensed under this section;
23
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1 (iii) In conducting bingo games and pull tab games
2 the charitable or nonprofit organization shall use only
3 volunteers who are bona fide members of the charitable or
4 nonprofit organization or employees or contractors who are
5 paid by the charitable or nonprofit organization to assist
6 in the operation of the game;
7
8 (iv) Players of bingo games or pull tab games
9 shall be eighteen (18) years or older;
10
11 (v) Not less than sixty-five percent (65%) of all
12 gross sales of bingo games and pull tab games shall be
13 redeemed as winnings each month. The net proceeds after
14 payment of winnings shall be restricted as follows:
15
16 (A) Not more than forty percent (40%) of
17 net proceeds shall be paid to distributors or manufacturers
18 of supplies or equipment necessary to conduct the game; and
19
20 (B) Seventy-five percent (75%) of the net
21 proceeds remaining after payment for all costs and supplies
22 shall be donated within one (1) year by the organization to
23 a bona fide charitable or benevolent purpose.
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1
2 (vi) The charitable or nonprofit organization
3 conducting the bingo game or pull tab game may purchase
4 supplies or equipment necessary to conduct the game from a
5 distributor or manufacturer at a price based on a per card
6 or pull tab basis subject to the limitations provided in
7 subparagraph (v)(A) of this subsection.
8
9 9-24-303. Calcutta wagering.
10
11 (a) The commission shall regulate calcutta wagering on
12 contests and events.
13
14 (b) Calcutta wagering on contests or events shall only
15 be conducted by bona fide nationally chartered veterans',
16 religious, charitable, educational or fraternal
17 organizations and nonprofit local civic or service clubs
18 organized or incorporated under the laws of this state and
19 that are licensed under this section.
20
21 (c) An organization or club applying for a license
22 under this section shall do so on a uniform application
23 furnished by the commission. The commission shall not
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1 charge applicants any fee and shall not require any fee for
2 any license issued under this section.
3
4 (d) Any person required to be licensed under this
5 section shall file an annual report with the commission as
6 specified by rule.
7
8 (e) Calcutta wagering on contests or events
9 authorized under this section shall be subject to the
10 following:
11
12 (i) The contest or event shall be conducted
13 solely in this state;
14
15 (ii) Any rules affecting the contest or
16 requirements for participants shall be clearly posted;
17
18 (iii) The total prizes or prize money paid out in
19 any one (1) contest or event shall not exceed ninety
20 percent (90%) of the total wagers;
21
22 (iv) A minimum of ten percent (10%) of the total
23 wagers on each contest or event shall be donated within one
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