§ 11-25-104 — Gaming commission; officers; director; meetings; quorum; records; licenses generally; effect of financial interest in events

Wyoming § 11-25-104

• Jurisdiction: Wyoming
• Title 11: Agriculture, Livestock and Other Animals
• Ch. 25: WYOMING GAMING COMMISSION
• Art. 1: IN GENERAL

Text

(a) The commission shall annually elect from its
membership a president and vice-president, and may employ a
director who has a working knowledge of pari-mutuel betting,
horse racing and other forms of gaming regulated by the
commission or an executive secretary, or both. The director may
be retained on a yearly basis or for the racing season only as
determined by the commission. Salary for the director or
executive secretary shall be determined by the commission with
the consent of the personnel division. The commission may also
employ other personnel required to carry out this act.
(b) The commission shall hold an annual fall meeting in
Wyoming and shall hold special meetings at such times and places
within Wyoming as the majority of the members determine. A
majority of the commission constitutes a quorum and a majority
vote of a quorum may act for the commission. The secretary of
the commission shall keep a record of the proceedings of the
commission which is open at all times for public inspection.
Legislative liaisons shall be considered members of the
governing body of the commission for purposes of attending
executive sessions held pursuant to W.S. 16-4-405(a) only.
(c) Any member of the commission who has a personal or
private interest in any matter proposed or pending before the
commission shall publicly disclose 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 any activity regulated by the commission or in
an animal participating in a pari-mutuel event shall disclose
that interest and shall not participate in any commission
decision involving a protest regarding that activity or
occurring at that pari-mutuel event.
(e) The commission may authorize by license or permit and
supervise all the conduct of all events provided for and
regulated by this act. The commission may make reasonable rules
for the control, supervision and direction of applicants,
permittees and licensees. The rules shall include procedures for
resolving scheduling conflicts and settling disputes between
permittees, for the supervising, disciplining, suspending,
fining and barring from pari-mutuel events of all persons
required to be licensed or permitted by this act, and for the
holding, conducting and operating of all pari-mutuel events
pursuant to this act. The rules shall include requirements for
internal controls for all aspects of pari-mutuel wagering,
including procedures for system integrity, system security,
operations and accounting. The commission may require that
license applicants be fingerprinted for identification purposes
as a condition of licensing. The commission shall announce the
place, time and duration of pari-mutuel events for which license
or permit fees shall be required and establish reasonable fees
for all licenses and permits provided for by this act. The fees
shall be established to ensure that the costs of administering
this act are recovered through the total revenues received under
this act. The commission shall establish security access
safeguards for licensees to use for advance deposit pari-mutuel
wagering. The commission shall prohibit advance deposit pari-
mutuel advertising that it determines to be deceptive to the
public.
(f) Each permittee, licensee, any current and prospective
employee, volunteer and contract employee of a permittee or
licensee and each person who has access to restricted areas or
animals housed on permitted event grounds for horse racing or
for pari-mutuel activities shall be licensed by the commission
and shall comply with all rules and regulations and all orders
issued by the commission. No person shall hold any event with
pari-mutuel wagering without obtaining a permit. The commission
may require that all permittees, licensees, current and
prospective employees, volunteers and contract employees of a
permittee or licensee and each person who has access to
restricted areas or animals housed on permitted event grounds
for horse racing or for pari-mutuel activities submit
fingerprints to the Wyoming division of criminal investigation
to perform a criminal history background check pursuant to W.S.
7-19-201 in order to obtain state and national criminal history
record information. The division may share the results of the
criminal history background check with the commission pursuant
to W.S. 7-19-106(a)(xxxv). For purposes of this subsection,
permittees, licensees, current and prospective employees,
volunteers and contract employees of a permittee or licensee,
shall include the following as defined:
(i) "Assistant starter" means a person who handles a
horse in the starting gate on race day and during training;
(ii) "Assistant trainer" means a person who is
designated by the trainer to make decisions on behalf of the
trainer during the trainer’s absence;
(iii) "Clerk of scales" means a person whose primary
responsibility is to weigh the riders before and after a race to
ensure proper weight is carried;
(iv) "Commission or permittee employee" means a
person who is an employee that by virtue of their required
duties has access to restricted areas of the permitted event
grounds or has access to information that is limited by law or
confidential in nature and could effectuate or manipulate
wagering activity or wagering information;
(v) "Commission safety officer" means a person who is
employed by the commission to monitor activities and practices
in the stable area, barn area and on the racetrack for
compliance with this act and rules of the commission;
(vi) "Commission veterinarian" means a Wyoming
licensed veterinarian hired directly by the commission;
(vii) "Exercise rider" means a person who exercises a
horse during a training session;
(viii) "Farrier" means a person who provides hoof
care, including the trimming and balancing of horses hooves and
placing of shoes on hooves, if necessary;
(ix) "Groom" means a person who cleans stalls,
bathes, brushes and provides general care to a race horse;
(x) "Horseman's bookkeeper" means a person whose
primary responsibility is to keep and preserve books which will
reflect the deposits or other credits and withdrawals or other
charges that may be made by an owner or other licensee;
(xi) "Host facility" means a person who leases their
property to a permitholder to operate or host pari-mutuel
wagering;
(xii) "Identifier" means a person who verifies the
identity of each race horse prior to the race;
(xiii) "Jockey" means a person who is a race rider of
a horse, including a licensed jockey or an apprentice jockey;
(xiv) "Jockey agent" means a person who handles the
daily business of a jockey or apprentice;
(xv) "Mutuel employee" means a person who acts under
the direction of the mutuel managers and sells betting tickets;
(xvi) "Mutuel manager" means a person who is an
employee of the permittee who manages the mutuel department
overseeing all wagering activity;
(xvii) "Owner" means a person who is the owner, part
owner or lessee of a horse;
(xviii) "Paddock judge" means a person who is
responsible for the paddock area and saddling routine of the
race horses;
(xix) "Pari-mutuel service provider" means any
business or person providing goods or services to a pari-mutuel
permitholder who is required to have access to designated and
secured areas of the pari-mutuel event or provides direct
services for the support of players or wagering terminals;
(xx) "Patrol judge" means a person who observes the
progress of a race from various vantage points around the track;
(xxi) "Permitholder" means a person or entity holding
a permit issued by the Wyoming gaming commission to operate a
pari-mutuel facility;
(xxii) "Permittee official" means any mutuel manager,
steward, events judge, placing judge, patrol judge, paddock
judge, clerk of scale, identifier, starter, horsemen bookkeeper,
track safety officer, racing secretary and track superintendent
who by virtue of their position has unrestricted access to the
pari-mutuel event grounds and animals participating;
(xxiii) "Placing judge" means a person who posts the
order of finish in a race;
(xxiv) "Pony rider" means a person that rides a horse
while leading another race horse, either during a training
session or escorting the race horse to the post on race days;
(xxv) "Private practice veterinarian" means a Wyoming
licensed veterinarian hired to provide services to owners and
trainers;
(xxvi) "Racing secretary" means a person who drafts
conditions of races and assigns weights for handicap events;
(xxvii) "Security employee" means a person who is
responsible for the protection of property, people, acting in
accordance with the permittee's guidelines;
(xxviii) "Service provider employee" means a person
who is an employee of the pari-mutuel service providers who
provide additional support to the vendor;
(xxix) "Starter" means a person who is responsible
for the official dispatching of horses for a race;
(xxx) "Steward or event judge" means a person who is
the head event official, or their designee, charged with the
duty of making sure the events comply with this act and the
rules of the commission;
(xxxi) "Track safety officer" means a person who
monitors the paddock and racetrack areas during all training and
racing hours for safety related issues;
(xxxii) "Track superintendent" means a person who is
responsible for all track maintenance, ensuring that the track
surface is properly groomed and prepared for training and racing
hours;
(xxxiii) "Trainer" means a person who is engaged in
the training of race horses;
(xxxiv) "Valet" means a person who assists in the
saddling of horses for the jockeys in a pari-mutuel event;
(xxxv) "Veterinarian assistant" means a person who is
hired by a commission veterinarian or a private practice
veterinarian to assist in providing veterinarian services under
the direct supervision of a licensed veterinarian.
(g) The commission may delegate authority to enforce rules
of the commission and this act to three (3) stewards at each
pari-mutuel event, at least 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 each simulcast location
that is approved by the commission. Stewards shall exercise
such reasonable and necessary authority as is designated by
rules of the commission 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 one thousand dollars
($1,000.00) for violations of rules of the commission.
Violations shall be reported daily and fines paid to the
commission within forty-eight (48) hours of imposition and
notice;
(iv) Suspend licenses not to exceed thirty (30)
calendar days for violations of rules of the commission.
Suspensions shall be reported to the commission daily;
(v) Recommend the commission impose fines or
suspensions greater than permitted by paragraphs (iii) and (iv)
of this subsection.
(h) Only a licensed steward of the permitted event may
impose fines or license suspensions except that a starter may
impose fines when horses arrive at the gate until off time in an
amount not exceeding two hundred dollars ($200.00).
(j) Any fine or license suspension imposed by a steward or
fine imposed by a starter may be appealed in writing to the
commission within five (5) days after its imposition. The
commission may affirm or reverse the decision of a steward or
starter or may increase or decrease any fine or suspension. A
fine imposed by the commission shall not exceed ten thousand
dollars ($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 shall access criminal history record
information for all operators and vendors under article 3 of
this chapter and all licensees, permittees and employees of the
commission under W.S. 9-1-627(d) for the purposes of this act.
Every applicant for a permit or license under this act shall
provide the commission fingerprints and other information
necessary for a criminal history record background check as
provided under W.S. 7-19-201.
(m) The commission shall establish the number of actual
live horse racing or pari-mutuel event days required to qualify
for a simulcasting permit. The commission shall adopt rules
governing establishment of live horse racing or pari-mutuel
event days required for a simulcasting permit in a manner that
ensures fair and equitable involvement of all affected parties,
including consideration of the economic viability of those days
to permit applicants.
(n) Commencing July 1, 2020, any person conducting an
activity as specified by W.S. 6-7-101(a)(iii)(D) or (F) shall
first obtain a license from the commission. Under this
subsection, the commission shall not charge license applicants
any fee and shall not require any fee for any license issued.
Any person required to be licensed under this subsection shall
file an annual report with the commission as specified by rule.
(o) In addition to all other duties, the commission, in
the reasonable exercise of its discretion, shall:
(i) Enforce W.S. 6-7-101 through 6-7-104;
(ii) Regulate online sports wagering and sports
wagering operators and vendors under W.S. 9-24-101 through 9-24-
106.