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STATE OF WYOMING
HOUSE BILL NO. HB0087
Consolidation of gaming.
Sponsored by: Joint Appropriations 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 Section 1. W.S. 9-24-201, 9-24-204 and 9-24-205,
11 9-24-301 through 9-24-303 and 9-24-501 are created to read:
12
13 ARTICLE 2
14 IN GENERAL
15
16 9-24-201. Definitions.
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1
2 (a) As used in this chapter unless otherwise defined:
3
4 (i) "Commission" means the Wyoming gaming
5 commission;
6
7 (ii) "Director" means the executive director of
8 the Wyoming gaming commission;
9
10 (iii) "Gaming activity" means all gaming
11 activities provided for and regulated by this chapter;
12
13 (iv) "Net proceeds" means all revenue less the
14 payment to the player.
15
16 9-24-204. Gaming commission; officers; director;
17 meetings; personal or private interest; compensation;
18 records.
19
20 (a) The commission shall annually elect from its
21 membership a president and vice-president, and may employ a
22 director who has a working knowledge of pari-mutuel
23 betting, horse racing and other forms of gaming regulated
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1 by the commission or an executive secretary, or both. The
2 director and executive secretary may be retained on a
3 yearly basis or for the racing season only as determined by
4 the commission. Salary for the director and executive
5 secretary shall be determined by the commission with the
6 consent of the personnel division. The commission may also
7 employ other personnel required to carry out this act.
8
9 (b) The commission shall hold an annual fall meeting
10 in Wyoming and shall hold special meetings at such times
11 and places within Wyoming as the majority of the members
12 determine. A majority of the commission constitutes a
13 quorum and a majority vote of a quorum may act for the
14 commission. The commission shall keep a record of the
15 proceedings of the commission which is open at all times
16 for public inspection. Legislative liaisons shall be
17 considered members of the governing body of the commission
18 for purposes of attending executive sessions held pursuant
19 to W.S. 16-4-405(a) only.
20
21 (c) Any member of the commission who has a personal
22 or private interest in any matter proposed or pending
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1 before the commission shall publicly disclose this fact to
2 the commission and shall not vote on the matter.
3
4 (d) The members of the commission shall receive per
5 diem and mileage as provided in W.S. 33-1-302(a)(vii), and
6 compensation of fifty dollars ($50.00) for each day during
7 which they are actually engaged in the discharge of their
8 duties.
9
10 9-24-205. Supervision of gaming activities;
11 rulemaking; prosecution.
12
13 (a) The commission shall:
14
15 (i) Supervise the conduct of all gaming
16 activities provided for and regulated by this chapter;
17
18 (ii) Administer title 6, chapter 7, article 1 of
19 the Wyoming statutes;
20
21 (iii) Access criminal history record information
22 for all employees who supervise the conduct of gaming
23 activities or administer and enforce title 6, chapter 7,
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1 article 1 of the Wyoming statutes, subject to W.S.
2 9-1-627(d).
3
4 (b) The commission may make reasonable rules for the
5 control, supervision and direction of applicants,
6 permittees and licensees under this chapter.
7
8 (c) The attorney general may, at the request of the
9 department, act on behalf of the commission to prosecute
10 criminal actions under W.S. 6-7-101 through 6-7-104 and
11 9-24-401 through 9-24-407 if after a thorough investigation
12 the action is deemed advisable by the attorney general.
13
14 ARTICLE 3
15 CHARITABLE GAMING
16
17 9-24-301. Definitions.
18
19 (a) As used in this article:
20
21 (i) "Calcutta wagering" means wagering on the
22 outcome of amateur contests, cutter horse racing, dog sled
23 racing, professional rodeo events or professional golf
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1 tournaments in which those who wager bid at auction for the
2 exclusive right to "purchase" or wager upon a particular
3 contestant or entrant in the event and when the outcome of
4 the event has been decided the total wagers comprising the
5 pool, less a percentage "take-out" by the event's sponsor,
6 is distributed to those who "purchased" or wagered upon the
7 winning contestants or entrants;
8
9 (ii) "Charitable or nonprofit organization"
10 means an organization recognized as a charitable or
11 nonprofit organization under Wyoming statutes and which
12 possesses a valid exemption from federal income tax issued
13 by the Internal Revenue Service under the provisions of 26
14 U.S.C. § 501(c) and political parties organized under the
15 law of Wyoming and exempt from federal income tax issued by
16 the Internal Revenue Service under the provisions of 26
17 U.S.C. § 527.
18
19 9-24-302. Bingo games and pull tab games.
20
21 (a) The commission shall regulate bingo games and
22 pull tab games.
23
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1 (b) Bingo games shall only be conducted and pull tab
2 games shall only be sold in accordance with this section by
3 charitable or nonprofit organizations that have been in
4 existence in this state for not less than three (3) years
5 and that are licensed under this section.
6
7 (c) A charitable or nonprofit organization applying
8 for a license under this section shall do so on a uniform
9 application furnished by the commission. The commission
10 shall not charge applicants any fee and shall not require
11 any fee for any license issued under this section.
12
13 (d) Any person required to be licensed under this
14 section shall file an annual report with the commission as
15 specified by rule.
16
17 (e) Bingo games and pull tab games authorized under
18 this section shall be subject to the following:
19
20 (i) Tickets for bingo games shall be sold only
21 in this state;
22
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1 (ii) Pull tab games shall be sold only on the
2 premises owned or occupied by the charitable or nonprofit
3 organization licensed under this section;
4
5 (iii) In conducting bingo games and pull tab
6 games the charitable or nonprofit organization shall use
7 only volunteers who are bona fide members of the charitable
8 or nonprofit organization or employees or contractors who
9 are paid by the charitable or nonprofit organization to
10 assist in the operation of the game;
11
12 (iv) Players of bingo games or pull tab games
13 shall be eighteen (18) years or older;
14
15 (v) Not less than sixty-five percent (65%) of
16 all gross sales of bingo games and pull tab games shall be
17 redeemed as winnings each month. The net proceeds after
18 payment of winnings shall be restricted as follows:
19
20 (A) Not more than forty percent (40%) of
21 net proceeds shall be paid to distributors or manufacturers
22 of supplies or equipment necessary to conduct the game; and
23
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1 (B) Seventy-five percent (75%) of the net
2 proceeds remaining after payment for all costs and supplies
3 shall be donated within one (1) year by the organization to
4 a bona fide charitable or benevolent purpose.
5
6 (vi) The charitable or nonprofit organization
7 conducting the bingo game or pull tab game may purchase
8 supplies or equipment necessary to conduct the game from a
9 distributor or manufacturer at a price based on a per card
10 or pull tab basis subject to the limitations provided in
11 subparagraph (v)(A) of this subsection.
12
13 9-24-303. Calcutta wagering.
14
15 (a) The commission shall regulate calcutta wagering
16 on contests and events.
17
18 (b) Calcutta wagering on contests or events shall
19 only be conducted by bona fide nationally chartered
20 veterans', religious, charitable, educational or fraternal
21 organizations and nonprofit local civic or service clubs
22 organized or incorporated under the laws of this state and
23 that are licensed under this section.
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1
2 (c) An organization or club applying for a license
3 under this section shall do so on a uniform application
4 furnished by the commission. The commission shall not
5 charge applicants any fee and shall not require any fee for
6 any license issued under this section.
7
8 (d) Any person required to be licensed under this
9 section shall file an annual report with the commission as
10 specified by rule.
11
12 (e) Calcutta wagering on contests or events
13 authorized under this section shall be subject to the
14 following:
15
16 (i) The contest or event shall be conducted
17 solely in this state;
18
19 (ii) Any rules affecting the contest or
20 requirements for participants shall be clearly posted;
21
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1 (iii) The total prizes or prize money paid out
2 in any one (1) contest or event shall not exceed ninety
3 percent (90%) of the total wagers;
4
5 (iv) A minimum of ten percent (10%) of the total
6 wagers on each contest or event shall be donated within one
7 (1) year by the sponsoring organization or club to a bona
8 fide charitable or benevolent purpose;
9
10 (v) No separate organization, club or
11 professional person shall be employed to conduct the
12 contest or event or assist therein;
13
14 (vi) Thirty (30) days written notice of the time
15 and place of a contest or event shall be provided to the
16 governing body of the county or municipality in which the
17 organization or club intends to conduct the contest or
18 event. No contest or event shall be conducted if the
19 governing body passes a resolution objecting thereto;
20
21 (vii) The sponsoring organization or club shall
22 comply with the relevant sections of the internal revenue
23 code of 1954, as amended, relating to taxes on wagering;
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1
2 (viii) Persons wagering on calcutta contests or
3 events shall be eighteen (18) years or older.
4
5 ARTICLE 5
6 SKILL BASED AMUSEMENT GAMES
7
8 9-24-501. Definitions.
9
10 (a) As used in this article:
11
12 (i) "Establishment" means a single physical
13 place of business that operates as a truck stop, smoke shop
14 or that is licensed or permitted to sell alcoholic liquor
15 or malt beverages under W.S. 12-2-203(g), 12-4-201,
16 12-4-301, 12-4-401, 12-4-407, 12-4-413, 12-4-414 or
17 12-4-415;
18
19 (ii) "Operator" means a person who possesses and
20 operates an establishment where skill based amusement games
21 may be played for profit;
22
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1 (iii) "Skill" means a player's knowledge,
2 dexterity or any other ability or expertise relevant to
3 game play;
4
5 (iv) "Skill based amusement game" means a game
6 played in exchange for consideration of cash, credit or
7 other thing of value on a fixed, commercial electrical
8 gaming device in which the bona fide skill of the player,
9 determined by an individual's level of strategy and skill,
10 rather than any inherent element of chance, is the primary
11 factor in determining the outcome and for which the player
12 may be awarded a prize or other thing of value for a
13 successful outcome. "Skill based amusement game" shall not
14 include any game played for prizes of nominal value as
15 provided by rule of the commission;
16
17 (v) "Smoke shop" means a retailer as defined in
18 W.S. 14-3-301(a)(iii) that derives fifty percent (50%) or
19 more of its gross annual revenue from nicotine products as
20 defined by W.S. 14-3-301(a)(vi);
21
22 (vi) "Truck stop" means a business premises that
23 is:
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1
2 (A) Equipped with diesel islands used for
3 fueling commercial motor vehicles and that sells on average
4 one hundred twenty-five thousand (125,000) gallons of
5 diesel or biodiesel fuel each month based on the previous
6 twelve (12) months of sales; and
7
8 (B) Located on a parcel of land of not less
9 than two (2) acres that is either owned or leased by the
10 business and which includes a convenience store with
11 parking spaces dedicated to commercial motor vehicle use.
12
13 (vii) "Vendor" means a person who owns and
14 distributes a skill based amusement game to an operator for
15 profit.
16
17 Section 2. W.S. 6-7-101(a)(iii)(M), 7-19-201(a)(vi),
18 33-1-202(a)(i) and (ii)(intro), 33-1-301(a),
19 33-1-302(a)(intro) and (vii), 33-1-303(a)(intro) and
20 33-1-304(a)(intro), (c)(intro) and (e) are amended to read:
21
22 6-7-101. Definitions.
23
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1 (a) As used in this article:
2
3 (iii) "Gambling" means risking any property for
4 gain contingent in whole or in part upon lot, chance, the
5 operation of a gambling device or the happening or outcome
6 of an event, including a sporting event, over which the
7 person taking a risk has no control, but does not include
8 any of the following:
9
10 (M) Activities authorized by the Wyoming
11 gaming commission under title 11, chapter 25 title 9,
12 chapter 24 of the Wyoming statutes;
13
14 7-19-201. State or national criminal history record
15 information.
16
17 (a) The following persons shall be required to submit
18 to fingerprinting in order to obtain state and national
19 criminal history record information:
20
21 (vi) Persons applying for a permit or license
22 under W.S. 11-25-104(f) or if required under W.S.
23 11-25-104(k)