2025 STATE OF WYOMING 25LSO-0051 ENGROSSED 1HB0085 HOUSE BILL NO. HB0085 Local approval for simulcasting. Sponsored by: Joint Appropriations Committee A BILL for 1 AN ACT relating to pari-mutuel wagering; specifying 2 requirements for permitting simulcasting and historic horse 3 racing machines; requiring approval, review and objection 4 by a city, town or county for the issuance of a 5 simulcasting permit as specified; authorizing conditions 6 and revocation of approval; authorizing appeals; amending 7 enforcement requirements; conforming provisions; specifying 8 applicability; and providing for an effective date. 9 10 11 12W.S. 11-25-210 is created to read: 13 2025STATE OF WYOMING25LSO-0051 ENGROSSED 2HB00851 2 3 4 5 (a) Simulcasting shall be conducted only by the 6 holder of a simulcasting permit issued by the commission 7 and approved by the local approving authority, as specified 8 by this section. 9 10 (b) The commission shall promulgate rules for 11 simulcasting that are reasonably necessary to protect the 12 public interest. 13 14 (c) Except as specifically provided in this section, 15 simulcasting permits shall be subject to the same terms and 16 conditions and issued in the same manner as a pari-mutuel 17 permit issued under this act. 18 19 (d) A simulcasting permit or renewal issued by the 20 commission shall be subject to the following: 21 2025STATE OF WYOMING25LSO-0051 ENGROSSED 3HB00851 (i) If the simulcasting will be conducted within 2 the corporate limits of any city or town, the permit or 3 renewal shall be subject to approval by the governing body 4 of the city or town and review and objection by the board 5 of county commissioners of the county in which the 6 simulcasting will be conducted; 7 8 (ii) If the simulcasting will be conducted 9 outside the corporate limits of any city or town, the 10 permit or renewal shall be subject to approval by the board 11 of county commissioners of the county in which the 12 simulcasting will be conducted. If the simulcasting will 13 be conducted within one-half (1/2) mile of the corporate 14 limits of a city that has exercised the authority granted 15 under W.S. 15-3-202(b)(ii), the permit or renewal shall be 16 subject to review and objection by the governing body of 17 that city; 18 19 (iii) A permit or renewal shall be issued by the 20 commission for a term not to exceed three (3) years from 21 the date of issuance; 22 2025STATE OF WYOMING25LSO-0051 ENGROSSED 4HB00851 (iv) A permit or renewal shall be issued by the 2 commission only to an applicant authorized under this act 3 to conduct a pari-mutuel event other than simulcasting. 4 5 (e) An applicant for a simulcasting permit or renewal 6 issued by the commission shall: 7 8 (i) File an application for approval with the 9 local approving authority. Renewal applications shall be 10 filed not later than ninety (90) days prior to expiration 11 of the permit; 12 13 (ii) At the time of filing the application, pay 14 an amount sufficient to reimburse the actual cost of 15 publishing notice of the application; 16 17 (iii) If the permit or renewal is subject to 18 review and objection by a second local authority under 19 paragraph (d)(i) or (ii) of this section, the applicant 20 shall notify that local authority of its application. 21 2025STATE OF WYOMING25LSO-0051 ENGROSSED 5HB00851 (f) After receipt of an approval or renewal 2 application under paragraph (e)(i) of this section, the 3 local approving authority shall promptly prepare and 4 publish notice of the application in a newspaper of local 5 circulation once a week for two (2) consecutive weeks and 6 post the notice on its official website. The notice shall 7 state that the named applicant has applied for approval or 8 renewal of a simulcasting permit and that protests against 9 the issuance or renewal of approval, if any, will be heard 10 at a designated meeting of the local approving authority. 11 For a renewal application, the local approving authority 12 shall hold the designated meeting not later than thirty 13 (30) days prior to expiration of the permit and the holder 14 of the permit to simulcast may, in advance of the 15 designated meeting, request a contested case hearing. 16 17 (g) With respect to approval and renewal of 18 simulcasting permits issued by the commission, the local 19 approving authority: 20 2025STATE OF WYOMING25LSO-0051 ENGROSSED 6HB00851 (i) Shall not approve or deny an application 2 until on or after the date set in its notice for hearing 3 protests; 4 5 (ii) Shall not consider, modify or impose 6 conditions that are solely within the jurisdiction of the 7 commission; 8 9 (iii) May impose reasonable conditions on its 10 approval, which shall be negotiated in good faith with an 11 applicant, including: 12 13 (A) A schedule of operating hours for the 14 permitted premises, provided the hours of operation shall 15 not be more restrictive than the hours of operation for 16 alcohol sales set pursuant to W.S. 12-5-101 for holders of 17 retail liquor licenses under W.S. 12-4-201; 18 19 (B) Designations within the permitted 20 premises relating to areas historic horse racing machines 21 may be located, to the extent the designations are not 22 inconsistent with rules of the commission. 2025STATE OF WYOMING25LSO-0051 ENGROSSED 7HB00851 2 (iv) May modify the reasonable conditions 3 imposed under paragraph (iii) of this subsection only upon 4 a showing of good cause; 5 6 (v) Shall require the applicant to identify the 7 specific location in the city, town or county where 8 simulcasting will be conducted and the number of historic 9 horse racing machines to be permitted at that location; 10 11 (vi) Shall grant approval for the same term as 12 is granted by the commission for a simulcasting permit; 13 14 (vii) Shall issue written findings and 15 conclusions in the event of a denial of an application; 16 17 (viii) Shall have the right to revoke its 18 approval or deny a renewal of approval for a simulcasting 19 permit only for good cause, which shall be limited to any 20 of the following: 21 2025STATE OF WYOMING25LSO-0051 ENGROSSED 8HB00851 (A) A breach by the holder of the permit of 2 any reasonable conditions imposed by the local approving 3 authority or the commission for which reasonable steps to 4 cure the issue are not initiated by the holder of the 5 permit within ten (10) business days of receiving written 6 notice of the breach from the local approving authority or 7 the commission, or the date agreed upon by the holder of 8 the permit and the local approving authority or commission; 9 10 (B) Notification by the commission that the 11 holder of the permit has acted in violation of any Wyoming 12 gaming law specified in this chapter, W.S. 6-7-101 through 13 6-7-104 or 9-24-101 through 9-24-106; 14 15 (C) The holder of the permit fails to 16 demonstrate commencement of simulcasting at the approved 17 location within two (2) years after the permit is issued. 18 Upon a showing of good cause by the holder of the permit, 19 the local approving authority may extend the period for 20 commencement of simulcasting for one (1) additional year. 21 2025STATE OF WYOMING25LSO-0051 ENGROSSED 9HB00851 (h) For simulcasting permits or renewals that require 2 the review and objection of a second local authority, the 3 second local authority shall notify the applicant, the 4 commission and the local approving authority of any 5 objections or concerns in writing not later than thirty 6 (30) days after receipt of the notification of an 7 application under paragraph (e)(iii) of this section. The 8 commission and the local approving authority shall not 9 approve a permit or renewal unless all objections and 10 concerns raised by the second local authority have been 11 considered and settled, as determined by the local 12 approving authority. 13 14 (j) An applicant for renewal of a simulcasting permit 15 or the holder of a simulcasting permit may appeal to the 16 district court in the county where the permitted premises 17 are located from an adverse decision or revocation by the 18 local approving authority. During the pendency of the 19 appeal, the approval of the local approving authority for 20 the applicant to conduct simulcasting shall remain in full 21 force and effect. 22 2025STATE OF WYOMING25LSO-0051 ENGROSSED 10HB00851 (k) No applicant for approval by a local approving 2 authority for a new simulcasting permit shall have a right 3 of appeal from the decision of the local approving 4 authority. 5 6 (m) Subject to local authority approval of a transfer 7 of location, the transfer of an existing simulcasting 8 permit shall be treated as a renewal of approval for a 9 simulcasting permit. 10 11W.S. 11-25-102(a)(vii)(intro) and by 12 creating new paragraphs (xxiii) and (xxiv), 13 11-25-104(g)(intro) and 11-25-201(a) are amended to read: 14 15 16 17 (a) As used in this act: 18 19 (vii) "Simulcasting" means the sale of 20 pari-mutuel pools electronically transmitted live or 21 historic on interstate or intrastate pari-mutuel events as 2025STATE OF WYOMING25LSO-0051 ENGROSSED 11HB0085 1 prescribed by the commission;. The commission shall 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (g) The commission may delegate authority to enforce 17 rules of the commission and this act to three (3) stewards 18 at each pari-mutuel event, at least one (1) of whom 19 shall be an employee of and selected by the commission. 20 21 22 2025STATE OF WYOMING25LSO-0051 ENGROSSED 12HB0085 1 necessary authority as is designated by rules of the 2 commission including the following: 3 4 5 6 7 (a) The commission may issue pari-mutuel permits for 8 a specified period not to exceed three (3) years from the 9 date of issuance to any Wyoming county, city, incorporated 10 town, county fair board or any corporation or association 11 12 commissioners, except as provided for simulcasting permits 13 provides a bond acceptable to 14 the commission. No permit shall be granted to any city, 15 town, county, county fair board or any corporation or 16 association except upon the express condition that it shall 17 not, by any lease, contract, understanding or arrangement 18 of whatever kind or nature, grant, assign or turn over to 19 any person, corporation or association the operation or 20 management of the pari-mutuel event permitted under this 21 act or of the pari-mutuel system of wagering or in any 22 manner permit any person, corporation or association to 2025STATE OF WYOMING25LSO-0051 ENGROSSED 13HB0085 1 retain any of the money received for admission to the race 2 meeting or from the operations of the pari-mutuel system. 3 The commission shall revoke the permit of any permittee for 4 any violation of the foregoing condition and such acts are 5 a violation of this act. The permit is effective only for 6 the times and at the places for which issued. In addition 7 to all other fees and charges, there shall be charged 8 before issuance of a permit a daily fee established by the 9 commission to defray expenses of enforcing this act. 10 11W.S. 11-25-102(a)(vii)(A) through (D) is 12 repealed. 13 14 15 16 (a) Notwithstanding W.S. 11-25-210, permitted 17 simulcasting facilities as of the effective date of this 18 act shall be authorized to continue operations until June 19 30, 2026, subject to the conditions of their existing 20 approvals and permits. 21 2025STATE OF WYOMING25LSO-0051 ENGROSSED 14HB00851 (b) On and after July 1, 2026, all simulcasting 2 facilities that were permitted as of the effective date of 3 this act shall be subject to the requirements of W.S. 4 11-25-210 and a city, town or county may deny or refuse to 5 provide its approval of such simulcasting facilities 6 pursuant to the requirements of W.S. 11-25-210 only upon a 7 showing of good cause, as specified in W.S. 8 11-25-210(g)(viii). 9 10. This act is effective July 1, 2025 11 12 (END)