Wyoming 2025 2025 Regular Session

Wyoming House Bill HB0085 Engrossed / Bill

Filed 02/06/2025

                    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.
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10
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12W.S. 11-25-210 is created to read:
13 2025STATE OF WYOMING25LSO-0051
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2HB00851
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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
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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;
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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;
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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;
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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:
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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;
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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.
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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:
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6HB00851 (i)  Shall not approve or deny an application 
2 until on or after the date set in its notice for hearing 
3 protests;
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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
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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:
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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
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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.
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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
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11HB0085
1 prescribed by the commission;. The commission shall 
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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
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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
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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.
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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.
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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
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12 (END)