Chapter 25 - Pari-mutuel Wagering
CHAPTER 25 - PARI-MUTUEL WAGERING
11-25-101. Pari-mutuel commission created; composition; qualifications.
The Wyoming pari-mutuel commission iscreated to be composed of seven (7) persons who have resided in the state forfour (4) years and are qualified electors of Wyoming.
11-25-102. Definitions.
(a) As used in this act:
(i) "Breeder award" means monies collected pursuantto W.S. 11-25-105(j) and distributed by the commission to promote the improvedbreeding and development of the horse industry in Wyoming. Breeder awards mayinclude purse enhancement of Wyoming bred races;
(ii) "Commission" means the Wyoming pari-mutuelcommission;
(iii) "Drug" means any substance foreign to a horse'sbody as prescribed by the commission;
(iv) "Event" means a pari-mutuel event;
(v) "Pari-mutuel event" means the events which areauthorized by the commission for the conduct of horse racing (to includequarter horse, thoroughbred or other approved races), harness racing, cutterracing, chariot racing, chuckwagon racing, professional roping events andsimulcasting of dog racing and the events described in this paragraph asprescribed by the commission;
(vi) "Pari-mutuel wagering" means wagering on theoutcome of pari-mutuel events in which those who wager purchase tickets ofvarious denominations on entrants in the events and all wagers for each eventare pooled and held by the permittee for distribution, and when the outcome ofthe event has been decided, the permittee distributes the total wagerscomprising the pool, less an amount not greater than twenty-five andnine-tenths percent (25.90%) for live racing and in the event of simulcastingan amount not to exceed the percentage allowed at the host track or thirty-fivepercent (35%), whichever is less and less the amount for breakage to holders oftickets on the winning entries;
(vii) "Simulcasting" means the sale of pari-mutuelpools on interstate or intrastate televised pari-mutuel events as prescribed bythe commission. The commission shall authorize simulcasting subject to thefollowing conditions:
(A) Simulcasting may be conducted only by a holder of a permitto simulcast issued under this act. The permit shall be authorized annually bythe commission for a specified number of days. The commissioners shall issue asimulcast permit only to an applicant authorized under this act to conduct apari-mutuel event other than simulcasting;
(B) Simulcasting may be conducted off the permitted premisesonly if the board of county commissioners of the county in which suchsimulcasting will be conducted grant [grants] its approval;
(C) No simulcasting may be conducted within one hundred (100)miles of any premises permitted under this act, except that the commission maywaive the one hundred (100) mile limitation if the simulcast permit applicationincludes written approval from the permittee whose permitted premises is withinthe one hundred (100) mile limitation;
(D) The commission shall promulgate rules for conductingsimulcasting as are reasonably necessary to protect the public interest.
(viii) "This act" means W.S. 11-25-101 through11-25-113;
(ix) "Multiple wagering" means wagers which consist ofa single betting interest on two (2) entries;
(x) "Exotic wagering" means wagers which consist of asingle betting interest on three (3) or more entries;
(xi) "Advance deposit pari-mutuel wager" means a wagerin which a person who has opened an account in advance with a licensee canplace wagers from this account in person, by telephone or other electronicmeans;
(xii) "Horsemen's association" means the associationthat represents the majority of the owners and trainers licensed by thecommission to race horses at an event.
NOTE: This section becomes effective1/1/2011.
11-25-103. Pari-mutuel commission; appointment, terms of office andpolitical affiliation of members; vacancies; appointment districts.
The governor with the consent of the senateshall appoint the seven (7) members of the commission in accordance with W.S.28-12-101 through 28-12-103. One (1) member shall be appointed from each appointmentdistrict under W.S. 9-1-218. No more than four (4) members shall be registeredin the same political party. Members shall be appointed for terms of four (4)years and until their successor is appointed and qualified. Any vacancy shallbe filled by appointment by the governor as provided in W.S. 28-12-101. Amember of the commission may succeed himself for one (1) full four (4) yearterm. The governor may remove any member as provided in W.S. 9-1-202.
11-25-104. Pari-mutuel commission; officers; director; meetings;quorum; records; licenses generally; effect of financial interest in events.
(a) The commission shall annually elect from its membership apresident and vice-president, and may employ a director who has a workingknowledge of pari-mutuel betting and horse racing or an executive secretary, orboth. The director may be retained on a yearly basis or for the racing seasononly as determined by the commission. Salary for the director or executivesecretary shall be determined by the commission with the consent of thepersonnel division. The commission may also employ other personnel required tocarry out this act.
(b) The commission shall hold an annual fall meeting in Wyomingand shall hold special meetings at such times and places within Wyoming as themajority of the members determine. A majority of the commission constitutes aquorum and a majority vote of a quorum may act for the commission. Thesecretary of the commission shall keep a record of the proceedings of thecommission which is open at all times for public inspection.
(c) Any member of the commission who has a personal or privateinterest in any matter proposed or pending before the commission shall publiclydisclose this fact to the commission and shall not vote on the matter.
(d) Any member of the commission who owns or has any interest,or whose spouse or member of his immediate family has any interest, in ananimal participating in a pari-mutuel event shall disclose that interest andshall not participate in any commission decision involving a protest occurringat that pari-mutuel event.
(e) The commission shall authorize by permits and supervise theconduct of all events provided for and regulated by this act, and shall makereasonable rules and regulations for the control, supervision and direction ofapplicants and permittees, including regulations providing for resolvingscheduling conflicts and settling disputes between permittees and thesupervising, disciplining, suspending, fining and barring from pari-mutuelevents of all persons required to be licensed by this act, and for the holding,conducting and operating of all pari-mutuel events conducted pursuant to thisact. The commission may require that license applicants be fingerprinted foridentification purposes as a condition of licensing. The commission shallannounce the place, time and duration of pari-mutuel events for which licenseor permit fees shall be required and establish reasonable fees for all licensesand permits provided for by this act. The fees shall be established to ensurethat the costs of administering this act are recovered through the totalrevenues received under this act. The commission shall establish securityaccess safeguards for licensees to use for advance deposit pari-mutuelwagering. The commission shall prohibit advance deposit pari-mutueladvertising that it determines to be deceptive to the public.
(f) Each permittee, participant and employee shall be licensedby the commission and shall comply with all rules and regulations and allorders issued by the commission. No person shall hold any event withpari-mutuel wagering without obtaining a permit.
(g) The commission may delegate authority to enforce rules ofthe commission and this act to three (3) stewards at each pari-mutuel event, atleast one (1) of whom shall be an employee of and selected by the commission.The commission shall require at least one (1) steward to supervise eachsimulcast location that is approved by the commission. Stewards shall exercisesuch reasonable and necessary authority as is designated by rules of thecommission including the following:
(i) Enforce rules of the commission and this act;
(ii) Rule on the outcome of events;
(iii) Levy fines not to exceed two hundred dollars ($200.00) forviolations of rules of the commission. Violations shall be reported daily andfines paid to the commission within forty-eight (48) hours of imposition andnotice;
(iv) Suspend licenses not to exceed thirty (30) calendar daysfor violations of rules of the commission. Suspensions shall be reported to thecommission daily;
(v) Recommend the commission impose fines or suspensionsgreater than permitted by paragraphs (iii) and (iv) of this subsection.
(h) Only a licensed steward of the permitted event may imposefines or license suspensions except that a starter may impose fines when horsesarrive at the gate until off time in an amount not exceeding two hundreddollars ($200.00).
(j) Any fine or license suspension imposed by a steward or fineimposed by a starter may be appealed in writing to the commission within five(5) days after its imposition. The commission may affirm or reverse thedecision of a steward or starter or may increase or decrease any fine orsuspension. A fine imposed by the commission shall not exceed ten thousanddollars ($10,000.00). Suspensions of a license may be for any period of time,but shall be commensurate with the seriousness of the offense.
(k) The commission is authorized to access criminal history recordinformation for all licensees, permittees and employees of the commission underW.S. 9-1-627(d) for the purposes of this act. Every applicant for a permit orlicense under this act shall provide the commission fingerprints and otherinformation necessary for a criminal history record background check asprovided under W.S. 7-19-201.
(m) The commission shall establish the number of actual livehorse racing or pari-mutuel event days required to qualify for a simulcastingpermit. The commission shall adopt rules governing establishment of live horseracing or pari-mutuel event days required for a simulcasting permit in a mannerthat ensures fair and equitable involvement of all affected parties, includingconsideration of the economic viability of those days to permit applicants.
NOTE: This section becomes effective1/1/2011.
11-25-105. Pari-mutuel permits; fees and reports; disposition of funds;enforcement of provisions.
(a) The commission may issue pari-mutuel permits for aspecified period not to exceed one (1) year to any Wyoming county, city,incorporated town, county fair board or any corporation or association whichhas been approved by the board of county commissioners and provides a bondacceptable to the commission. No permit shall be granted to any city, town,county, county fair board or any corporation or association except upon theexpress condition that it shall not, by any lease, contract, understanding orarrangement of whatever kind or nature, grant, assign or turn over to any person,corporation or association the operation or management of the pari-mutuel eventpermitted under this act or of the pari-mutuel system of wagering or in anymanner permit any person, corporation or association to retain any of the moneyreceived for admission to the race meeting or from the operations of thepari-mutuel system. The commission shall revoke the permit of any permittee forany violation of the foregoing condition and such acts are a violation of thisact. The permit is effective only for the times and at the places for whichissued. In addition to all other fees and charges, there shall be chargedbefore issuance of a permit a daily fee established by the commission todefray expenses of enforcing this act.
(b) Every Wednesday following any pari-mutuel event, thepermittee shall:
(i) File a report with the commission showing the total amountof money wagered during the period;
(ii) Pay an amount equal to one and one-half percent (1 1/2%) ofthe total amount wagered shown by the report to the commission to be creditedby the state treasurer to a separate account, in the manner indicated insubsection (d) of this section.
(c) The permittee may retain an amount equal to nineteen andfour-tenths percent (19.40%) of the total amount wagered shown by the reportand may retain up to an additional five percent (5%) of the amount wagered onmultiple or exotic wagers. The permittee shall retain the breakage on not morethan ten cents ($.10) and retain unclaimed tickets not claimed within one (1)year following the event for the expenses of the race meet and purses and forthe promotion of the racing industry.
(d) All sums paid to the commission under this act exceptcontributions from permittees to the breeder award fund, fines and penaltiesshall be credited to the pari-mutuel account which shall be used by thecommission for the payment of all expenses incurred in enforcing this act. Allfines and penalties collected under this act shall be paid to the statetreasurer and credited as provided in W.S. 8-1-109. The state treasurer shallpay out of the account all warrants drawn by the state auditor, upon vouchersissued and signed by the president, vice-president or executive secretary ofthe commission. The commission shall keep an accurate and true account of allfunds received and all vouchers issued by the commission. All funds receivedand all vouchers issued by the commission shall be audited at least bienniallyby the director of the state department of audit or his designee and a copy ofthe audit shall be delivered within thirty (30) days after completion to thegovernor and the commission. The costs of the audit shall be borne by thecommission. The members of the commission shall receive statutory per diemexpenses and mileage as allowed state employees, and compensation of fiftydollars ($50.00) for each day during which they are actually engaged in thedischarge of their duties. The total expenses incurred by the commission shallnot exceed the total amount in the pari-mutuel account.
(e) Applications for permits shall be made to the commissionand shall fully identify the applicant, include a proper financial statementshowing the financial responsibility of the applicant, show the purpose and useof the permit and describe the events to be conducted and the arrangementstherefor, the manner of wagering and the names and identification of those tosupervise the manner of wagering and the controls and supervision by thepermittee.
(f) The commission may issue, amend or refuse to issue permitsin its discretion.
(g) The rules of racing set forth by the commission shall bemade available to all participants of each event, and violations shall bemisdemeanors punishable as provided herein.
(h) The commission shall observe and supervise the conduct ofpari-mutuel wagering under permits issued by the commission and shall appointone (1) of its members or employ one (1) or more persons to represent thecommission in the administration and enforcement of this act and in the supervisionof the conduct of pari-mutuel wagering and the events in connection therewithunder each permit issued. Representatives of the commission shall have accessto the events and to the pari-mutuel booths and records and shall be paid anamount determined by the commission plus expenses and mileage as fixed by lawfor state officers, payment therefor to be made by the state treasurer.
(j) As a condition of receiving a pari-mutuel permit, thepermittee shall agree to and shall contribute to the breeder award fundadministered by the commission an amount equal to four-tenths of one percent(0.40%) of the total handle wagered during the pari-mutuel event and anadditional sum equal to twenty percent (20%) of the additional amount retainedpursuant to subsection (c) of this section on multiple or exotic wagers. Thecontribution shall be derived from the net proceeds of the race meet revenues,other than the permittee's share of the pari-mutuel wagering handle.Contributions shall be used only for breeder awards.
(k) The commission may authorize advance deposit pari-mutuelwagering at any premise where a pari-mutuel event is authorized, provided thatthe licensee shall:
(i) Only accept an advance deposit pari-mutuel wager made bythe person owning the account;
(ii) Ensure the identification of the account owner by usingmethods and technologies approved by the commission;
(iii) Provide a full accounting and verification of the sourcesof wagers at the request of, and in the form provided by, the commission;
(iv) Allow the commission and agents of the commission access toits premises to determine that the rules and regulations are being followed;
(v) Not allow minors to open, own or have access to advancedeposit pari-mutuel wagering accounts;
(vi) Include a statement in all forms of advertising for advancedeposit pari-mutuel wagering accounts that "minors are not allowed to openor have access to advance deposit pari-mutuel wagering accounts."
11-25-106. Qualifications as to horses; preference to Wyoming bredhorses.
(a) Every horse entered in any race authorized by a permitissued under this act shall be a thoroughbred horse which means any horse(including mare, gelding, colt and filly) that meets the requirements of and isregistered by the Jockey Club of New York, including racing permits issued toforeign thoroughbred horses, or registered as an American quarter horse in theofficial stud book and registry of the American Quarter Horse Association, orregistered as one (1) of another breed which maintains a recognized nationalstud book and registry.
(b) Every permittee conducting a pari-mutuel event shallprovide each day for the running of at least one (1) race preferred to Wyomingbred horses if Wyoming bred horses are available.
11-25-107. Horses to race under true name; substitution of horses,concealment of identification, prohibited.
Every horse participating in any eventauthorized by a permit issued under this act shall participate under its trueand registered name, shall be fully and truly identified and shall notparticipate under any other name or identification. There shall be nosubstitution of horses nor shall any device whatsoever be used to conceal orconfuse the name and identification of any horse.
11-25-108. Stimulation or retardation of animals prohibited; tests.
It is unlawful for any person to use orpermit to be used any mechanical or electrical device, or drug of any kind, tostimulate or retard any animal in any event authorized by this act except asprescribed by the commission. A commission member, a roping judge or racesteward may cause such tests to be made as they deem proper to determinewhether any animal has been stimulated or retarded. Tests performed infurtherance of this section shall be conducted by or under the supervision of aqualified Wyoming veterinarian.
11-25-109. Bribery, touting and betting by minors prohibited.
(a) It is unlawful for any person to give or promise to give orattempt to give or for any person to receive or agree to receive or attempt toreceive, any money, bribe or thing of value with intent to influence any personto dishonestly umpire, manage, direct, judge, preside, officiate at orparticipate in any event conducted under this act with the intention or purposethat the result of the event will be affected or influenced thereby. Violationof this subsection is a felony punishable by imprisonment for not more thanfive (5) years, a fine of not more than five thousand dollars ($5,000.00), orboth.
(b) Any person who knowingly and designedly persuades, procuresor causes, or attempts to persuade, procure or cause another person to wager onan animal or roper in any event authorized by this act and asks or demandscompensation as a reward for information or purported information given in suchcase is guilty of unlawful touting. The representative of the commission mayexclude from attendance at or near any event authorized by this act any personwho has been convicted of touting and any person who refuses to leave whenordered to do so by the representative is guilty of a misdemeanor.
(c) No person under the age of eighteen (18) years shall placeor be allowed to place a bet.
(d) Any person who has been convicted of bookmaking, bribery,touting or drugging animals may be evicted from a pari-mutuel event by asteward or roping judge.
11-25-110. County elections as to pari-mutuel events.
No pari-mutuel event shall be held in anycounty until the question has been put to the people of the county to accept orreject pari-mutuel wagering. If the election fails no other election shall beheld for two (2) years.
11-25-111. Bond of permittees; required; conditions; prosecution ofactions.
(a) The commission may require any permittee other than apolitical subdivision licensed to conduct an event to provide and deliver tothe commission a bond signed by a surety company authorized to do business inthis state in such form and amount as specified by the commission, orcertificate of deposit, or irrevocable letter of credit, but not less than fivethousand dollars ($5,000.00), conditioned that the permittee will pay to thestate of Wyoming all monies due it under this act and will perform such otherobligations as may be imposed by the commission.
(b) The county attorney of the county in which an event is heldshall prosecute all action on the bonds on behalf of the state against anypermittee for any reason whatever except a cause of action covered by publicliability insurance.
11-25-112. Penalties for conducting event without permit.
Any person, corporation or associationholding or conducting any pari-mutuel event in connection with the pari-mutuelsystem of wagering without a permit issued in accordance with this act, or anyperson, corporation or association who violates any other provision of this actis guilty of a misdemeanor and shall be fined not more than ten thousanddollars ($10,000.00), imprisoned for not more than six (6) months, or both.
11-25-113. Removal of livestock from quarters at county or state fairs.
At no time and under no conditions shallany livestock at any county or state fair that are there to be shown be removedfrom quarters provided for them in order to place pari-mutuel horses in thestalls or quarters. Removal shall be cause for rescinding the permit for thepari-mutuel event.