Plain English Breakdown
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HB0163 • 2005
AN ACT relating to a state lottery organization; creating the Wyoming lottery corporation; granting authority to the pari-mutuel commission and the Wyoming lottery corporation to oversee a multi-state lottery with authority to operate instant ticket games and to participate with other states for operating a lottery as specified; providing rulemaking authority to the pari-mutuel commission and corporation; providing for a board of directors of the Wyoming lottery corporation; providing for licensing of lottery game retailers; creating a lottery account in the enterprise fund; authorizing expenditures for the lottery; specifying how lottery profits shall be distributed; providing generally for the operation of the lottery; exempting sales of lottery tickets and shares from sales tax; providing penalties; making appropriations; and providing for an effective date.
The latest official action shows that this bill did not move forward in that session.
The plain English breakdown is still being put together. The official documents below are already here.
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2nd reading • ANDERSON,R
Plain English: Failed 2nd reading by ANDERSON,R
2nd reading • MEULI
Plain English: Failed 2nd reading by MEULI
3rd reading • ANDERSON,R
Plain English: Withdrawn 3rd reading by ANDERSON,R
3rd reading • EDWARDS
Plain English: Adopted 3rd reading by EDWARDS
3rd reading • EDWARDS
Plain English: Adopted 3rd reading by EDWARDS
Committee of the Whole • EDWARDS
Plain English: Adopted, Corrected Committee of the Whole by EDWARDS
Committee of the Whole • EDWARDS
Plain English: Adopted Committee of the Whole by EDWARDS
Standing Committee • H06
Plain English: Adopted Standing Committee by H06
H Failed 3rd Reading
Amendment Adopted
Amendment Adopted
H Passed 2nd Reading
Amendment Failed
Amendment Failed
H Passed CoW
Amendment Adopted
Amendment Adopted
Amendment Adopted
H Amendments Adopted
H Placed on General File
H Placed on General File
H02 Recommended Do Pass
H Rereferred to H02
H Placed on General File
H06 Recommended Amend and Do Pass
H Rereferred to H02
H Introduced and Referred to H06
H Received for Introduction
Bill Number Assigned
WORKING DRAFT 2005 STATE OF WYOMING 05LSO-0173 HOUSE BILL NO. HB0163 State lottery organization. Sponsored by: Representative(s) Edwards, Buchanan and McOmie and Senator(s) Coe A BILL for AN ACT relating to a state lottery organization; creating the Wyoming lottery corporation; granting authority to the pari-mutuel commission and the Wyoming lottery corporation to oversee a multi-state lottery with authority to operate instant ticket games and to participate with other states for operating a lottery as specified; providing rulemaking authority to the pari-mutuel commission and corporation; providing for a board of directors of the Wyoming lottery corporation; providing for licensing of lottery game retailers; creating a lottery account in the enterprise fund; authorizing expenditures for the lottery; specifying how lottery profits shall be distributed; providing generally for the operation of the lottery; exempting sales of lottery tickets and shares from sales tax; providing penalties; making appropriations; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S. 11 ‑ 25 ‑ 201 through 11 ‑ 25 ‑ 212 are created to read: ARTICLE 2 WYOMING STATE LOTTERY ORGANIZATION 11 ‑ 25 ‑ 201. Definitions. (a) As used in this article: (i) "Board" means the board of directors of the Wyoming lottery corporation; (ii) "Commission" means the Wyoming pari-mutuel commission; (iii) "Corporation" means the Wyoming lottery corporation created by W.S. 11 ‑ 25 ‑ 203; (iv) "Immediate family" means any person residing as a member of the same household in the principal place of residence of a member of the commission or board, employee or independent contractor of the commission or board, or a licensed lottery game retailer; (v) " Lottery" means any lottery created and operated under this article, which shall be limited to instant ticket games and multi-state games operated by agreement between Wyoming and at least one (1) other state lottery organization; (vi) "Lottery game retailer" means a person who contracts with or seeks to contract with the board to sell tickets in lottery games to the public under this article; (vii) "Supplier" means any person who enters into a contract to supply gaming materials or equipment to the lottery; (viii) " Ticket" means any evidence issued under the authority of the corporation establishing proof of participation in any lottery conducted under this article. 11 ‑ 25 ‑ 202. P owers and duties of the commission; limitations. (a) The commission shall: (i) Promulgate rules governing supervision and oversight of the Wyoming lottery corporation, including: (A) The types of lotteries to be conducted, but no lottery shall be conducted by the corporation based upon the outcome of any athletic event or race of any kind, and no lottery shall be conducted that is not an instant ticket game or a multi-state game operated by agreement between Wyoming and at least one (1) other state lottery organization; (B) The price of tickets in the lottery, but no ticket in any instant lottery shall have a price of less than one dollar ($1.00); (C) The number and size of the prizes on the winning tickets and the manner in which prizes are paid to holders of winning tickets; (D) The frequency of the drawings or selection of winning tickets. (ii) M ake an annual report to the joint revenue interim committee regarding the operation of the lottery and recommendations for improvement; (iii) Notwithstanding W.S. 11 ‑ 25 ‑ 104(b), meet at least quarterly to carry out the duties prescribed by this article. Special meetings for lottery business may be called by the chairman of the commission, any three (3) commission members or the chairman of the Wyoming lottery corporation upon seventy-two (72) hours written notice to each member of the commission. (b) The commission may investigate any person who has applied for or has been awarded any license or contract issued or formed by the commission under this article. The commission is authorized to access criminal history record information for all licensees or contractors under W.S. 9 ‑ 1 ‑ 627(d) for the purposes of this article; 11 ‑ 25 ‑ 203. Wyoming lottery corporation; creation; board of directors. (a) There is created a corporation, known as the Wyoming lottery corporation, subject to the following: (i) The corporation shall be registered with the secretary of state and shall be subject to the corporate laws of the state of Wyoming; (ii) The corporation shall be a body, politic and corporate, and a quasi-public instrumentality, and not a state agency or department, which shall be deemed to be acting in all respects for the benefit of the people of the state through the operation of a state lottery and in the performance of other essential public functions entrusted to it; (iii) The corporation shall have perpetual succession and shall adopt, amend and repeal bylaws and regulations for the conduct of its affairs; (iv) The corporation shall strive to maximize net lottery proceeds; (v) Venue for the corporation is Laramie County. (b) The corporation shall be governed by a board of directors composed of seven (7) members, subject to the following: (i) The members shall be appointed by the governor and confirmed by the senate as provided in W.S. 9 ‑ 1 ‑ 218; (ii) The members shall be residents of the state of Wyoming, shall have expertise in their businesses or professions; (iii) The board shall select one (1) of its members to act as chairman of the board; (iv) No person shall serve as a member of the board who has been convicted of: (A) Any felony; (B) A misdemeanor involving gambling, theft, computer offenses, forgery, perjury, dishonesty or unlawfully selling or providing a product or substance to a minor; (C) Any violation of this chapter; or (D) Any offense in a federal court, military court, or court of another state, territory or jurisdiction which under the laws of this state would disqualify such person pursuant to subparagraph (A), (B) or (C) of this paragraph. (v) Prior to the appointment of a person as a member, the governor shall submit the names of potential members to the division of criminal investigation which shall conduct a criminal history records check on all such persons. In order for the governor to determine a potential board appointee's eligibility, all persons considered for appointment to the Wyoming lottery board shall be required to submit to fingerprinting for the purpose of obtaining state and national criminal history record information. The division of criminal investigation shall contract with the federal bureau of investigation, other law enforcement agency or any other legally authorized entity to assist in such investigation. The division of criminal investigation shall conduct such investigation as soon as practicable after submission of names by the governor. The corporation shall pay, as an operating expense, the cost of the records check. The results of such a records check shall not be considered a record open to the public; (vi) In making the appointments of members to the board, the governor shall strive to ensure that the board is composed of members who are diverse in professional or educational background, ethnicity, race, gender, geographic residency, heritage, perspective and experience; (vii) Members shall serve terms of five (5) years; provided, however, that of the initial members appointed: (A) Two (2) members shall be appointed for an initial term of one (1) year; (B) Three (3) members shall be appointed for an initial term of three (3) years; and (C) Two (2) members shall be appointed for an initial term of five (5) years. (viii) A member's term may be terminated by the governor under the same procedure and in the same manner as provided by W.S. 9 ‑ 1 ‑ 202(a) or by a majority vote of the senate. Members shall continue in office until their successors are appointed and qualified. If a vacancy occurs, the governor shall appoint a successor to serve in accordance with W.S. 28 ‑ 12 ‑ 101; (ix) A member of the board, or any member of their immediate family, shall not have a direct or indirect interest at the time of their appointment, or within a period of two (2) years prior to their appointment, in any undertaking that puts their personal interest in conflict with that of the corporation, including, but not limited to, any interest, through ownership, stock or otherwise, in a major procurement contract or a participating retailer; provided, however, that a board member or a member of the member's immediate family, may hold an incidental interest not to exceed one percent (1%) of the outstanding stock of a participating retailer; (x) The members shall elect from their membership a chair and vice chair. The members shall also elect a secretary and treasurer who may, from time-to-time, serve as the acting chief executive officer of the corporation. The officers shall serve for such terms as shall be prescribed by the bylaws of the corporation or until their respective successors are elected and qualified. No member of the board shall hold more than one (1) office of the corporation, except that the same member may serve as secretary and treasurer; (xi) The board of directors may delegate to one (1) or more of its members, to the chief executive officer, or to any agent or employee of the corporation such powers and duties as it may deem proper; (xii) A majority of the members shall constitute a quorum for the transaction of any business and for the exercise of any power or function of the corporation. Action may be taken and motions and resolutions adopted by the board at any board meeting by the affirmative vote of a majority of present and voting members; (xiii) Upon approval by the chair, members of the board shall be reimbursed for actual and reasonable expenses incurred or a per diem not to exceed the per diem provided to state employees for each day's service spent in the performance of the duties of the corporation or both; (xiv) Members shall not receive a salary for their duties; (xv) No member shall make a contribution to the campaign of a candidate for the legislature or statewide elective office. 11 ‑ 25 ‑ 204. Wyoming lottery corporation; powers and duties. (a) The corporation through its board shall: (i) Direct the operation of the lottery in accordance with this article and rules promulgated by the commission; (ii) Arrange an annual audit of all lottery accounts and transactions performed by an independent certified public accountant and submit the audit to the governor, the legislature, the state treasurer and the commission; (iii) Maintain accurate records, including the distribution of tickets to licensed lottery game retailers, receipt of funds, prize claims, prize disbursements, expenses and other financial transactions of the lottery as necessary; (iv) Report to the governor pursuant to W.S. 9 ‑ 2 ‑ 1014, including a complete statement of the financial position and operation of the lottery; (v) Contract with a state agency or a private business experienced in security procedures to periodically conduct a comprehensive study and evaluation of all aspects of security in the operation of the lottery. (b) The board shall adopt rules governing operation of lottery games, including: (i) The types of locations at which tickets may be sold; (ii) The methods by which tickets are advertised to prospective buyers; (iii) The licensing of lottery game retailers to sell tickets, except no person under the age of eighteen (18) years shall be licensed as a lottery game retailer and no license shall be transferable; (iv) The manner and compensation to be paid to licensed lottery game retailers including special bonuses or incentives, as necessary, to provide for the adequate availability of tickets to prospective buyers and for the convenience of the public; (v) The type and form of records, books of accounts and other papers the board requires for the examination of licensed lottery game retailers pursuant to W.S. 11 ‑ 25 ‑ 205(e); (vi) Other matters necessary for the efficient and economical operation and administration of the lottery and for the convenience of purchasers of tickets or holders of winning tickets. (c) The board may: (i) Employ personnel necessary to implement this article; (ii) C ontract for materials, equipment and supplies to design, install, operate and promote the lottery and for studies relevant to the successful operation of the lottery; (iii) License lottery game retailers to sell lottery tickets; (iv) Enter into written agreements with one (1) or more government authorized lotteries to participate in the conduct and operation of lottery games, including powerball, and may enter into written agreements with one (1) or more government authorized lotteries or other persons, entities, organizations or associations to purchase goods or services in support of lottery games when necessary or desirable to make lottery games more remunerative for the state of Wyoming, so long as the games and purchases are consistent with this article. (d) For purposes of enforcing this article, the board through its chairman, employees or agents may examine during business hours the records, books or other documentation of the conduct of the lottery kept by licensed lottery game retailers. In any examination, the board may require by subpoena the production of all documentation and other evidence relevant to the inquiry. (e) Any Wyoming district court, upon application by the board or its chairman, may issue an order requiring compliance with a subpoena issued by the board. Failure to obey the order of the court may be punished as contempt. 11 ‑ 25 ‑ 205. Licenses; issuance; suspension and revocation; persons prohibited from holding. (a) The board shall include in its licensing rules and regulations requirements relating to: (i) Financial responsibility and bonding of lottery game retailers; (ii) Accessibility of the licensee's place of business to the public; (iii) Volume of expected sales; (iv) Character of the licensee; (v) Public display of the license; (vi) Other matters relating to the security and efficient operation of the lottery organization. (b) A license shall be revoked if the board finds, after notice and an opportunity for a hearing, that the licensee has: (i) Provided false or misleading information to the board or commission; (ii) Been convicted of any felony, a crime involving fraud or misrepresentation or a gambling related offense; (iii) Endangered the security of the lottery; or (iv) Become a person whose character is no longer consistent with the protection of the public interest and trust in the lottery corporation. (c) A license may be suspended, revoked or not renewed for any of the following if after notice and opportunity for a hearing the board finds the holder has: (i) Changed business location; (ii) An insufficient sales volume; (iii) Failed to pay monies owed to the lottery organization; (iv) Endangered the efficient operation of the lottery organization; or (v) Violated this article or any rule or regulation of the board or commission. (d) Any person who has reached the age of eighteen (18) years or an organization may be a licensed lottery game retailer except: (i) A person employed solely as a lottery game retailer; (ii) A person convicted of a felony, a crime involving fraud or misrepresentation or a gambling related offense; (iii) A person who is or has been engaged in any form of illegal gambling; (iv) A person not of good character and reputation in the community in which he resides; or (v) An organization in which a person listed in paragraphs (i) through (iv) of this subsection: (A) Has a financial interest; (B) Is an officer, director or managing agent; (C) P articipates in the management or sales of lottery tickets. (e) Each licensed lottery game retailer shall maintain records and other documentation that completely describes all lottery transactions and any other information necessary for the proper administration of the lottery as required by the board's rules and regulations. (f) Licenses shall specify the place at which the sales will occur, but no license shall be issued for any premises that provides living accommodations for the lottery game retailer. (g) All hearings and appeals from board decisions regarding the granting, renewing, suspending or revoking of a license shall be governed by the Wyoming Administrative Procedure Act. 11 ‑ 25 ‑ 206. Contractors supplying gaming equipment; disclosures. (a) Any person submitting an application to contract as a supplier under this article shall disclose under oath in the application: (i) The business name and address and names and addresses of the following: (A) A ll general and limited partners if the applicant is a partnership; (B) The trustee and all persons entitled to receive income or benefit from the trust if the applicant is a trust; (C) T he members, officers and directors if the applicant is an association or limited liability company; (D) The officers, d irectors and each owner or holder, directly or indirectly, of any equity security or other evidence of ownership of any interest if the applicant is a corporation. In the case of owners or holders of publicly held equity securities of a publicly traded corporation, then only the names and addresses of those owning or holding one percent (1%) or more of the publicly held securities shall be provided; (E) The holding or parent company involved if the applicant is a subsidiary company, and the officers, directors and stockholders of each. In the case of owners or holders of publicly held securities of a holding company that is a publicly traded corporation, then only the names and addresses of those owning or holding one percent (1%) or more of the publicly held securities shall be provided. (ii) A ll the states in which a business organization applicant is incorporated or otherwise registered to do business and the nature of that business; (iii) Other jurisdictions in which the applicant has contracts to supply gaming materials or equipment; (iv) The details of any state or federal criminal conviction of the applicant or any person whose name and address is required under paragraph (i) of this subsection; (v) The details of any disciplinary action taken by any state against the applicant or any person whose name and address is required under paragraph (i) of this subsection regarding any matter related to the selling, leasing, offering for sale or lease, buying or servicing of gaming materials or equipment; (vi) A statement of the gross receipts realized in the preceding year from the sale, lease or distribution of gaming materials or equipment to states operating lotteries and to private persons licensed to conduct gambling. The statement shall differentiate that portion of the gross receipts attributable to transactions with states operating lotteries from that portion of the gross receipts attributable to transactions with private persons licensed to conduct gambling; (vii) The name and address of any source of gaming materials or equipment for the applicant; (viii) The number of years the applicant has been in the business of supplying gaming materials or equipment; (ix) Any other information accompanied by any documents the board may by rule or regulation require as necessary or appropriate. (b) The involved holding or parent company shall supply the information required of the applicant by this section if the applicant is a subsidiary company. (c) The costs of any investigation into the background of the applicant seeking a contract shall be assessed against the applicant and shall be paid by the applicant at the time the application is filed. Investigations may be conducted by the board, any qualified investigator hired or designated by the board, or another law enforcement entity as appropriate. (d) No person, firm, association or corporation contracting to supply gaming equipment or materials to the state for use in the operation of the state lottery organization shall be: (i) Directly or indirectly associated with any person, corporation or other business organization licensed as a lottery game retailer under this article; (ii) A member of the commission or board; (iii) An employee or independent contractor of the commission or board; or (iv) The immediate family of members, employees or independent contractors of the commission or board. (e) No contract shall be formed with an applicant if: (i) A person disclosed pursuant to paragraph (a)(i) or (vii) of this section has been convicted of a felony or gambling related offense, engaged in any form of illegal gambling, is not of good character and reputation relevant to the secure and efficient operation of the lottery or has been convicted of a crime involving fraud or misrepresentation; or (ii) A disciplinary action disclosed pursuant to paragraph (a)(v) of this section was resolved adversely to the supplier. (f) No contract for the supply of gaming materials or equipment for use in the operation of the state lottery organization shall be enforceable against the state if the supplier fails to comply with the provisions of this section. (g) If a contract for lottery tickets, lottery consulting services or lottery terminals or equipment exceeds one hundred thousand dollars ($100,000.00) or if a contract is for drawing equipment regardless of value, each prospective corporate supplier shall at the time of submission of its bid or proposal, provide a current personal financial statement and individual federal and state income tax returns from the past three (3) years for each of its officers and directors and for each of the officers and directors of all parent and holding companies affiliated with the supplier. 11 ‑ 25 ‑ 207. Conflicts of interests. (a) No member of the commission or board, employee or independent contractor of the commission or board, or member of their immediate families shall have any financial interest in: (i) Any lottery; (ii) The sale of any lottery tickets; or (iii) Any organization supplying equipment, materials or services for use in the operation of the lottery or licensed as a lottery game retailer under this article. (b) No member of the commission or board, employee or independent contractor of the commission or board, or member of their immediate families shall receive any gift, gratuity or other thing of more than fifty dollars ($50.00) in value per month from any person contracting with the state to provide equipment, materials or services for use in the operation of the lottery or from any person licensed as a lottery game retailer under this article. (c) No member of the commission or board, employee or independent contractor of the commission or board, licensed lottery game retailer or member of their immediate families shall purchase any ticket for or receive any prize from a lottery under this article. 11 ‑ 25 ‑ 208. Prizes; not assignable; withholding of amounts owed state; discharge of liability. (a) The right of any person to a prize is not assignable, except payment of a prize may be paid to the estate of a deceased prizewinner or as directed by court order. (b) Unclaimed prize money shall be retained for a period set by rule of the board. Any person who fails to claim a prize after the period set by the board shall forfeit all rights to the prize. If a valid claim is not made for the money within the period set by the board, the prize money shall be added to future prize pools. (c) Before payment of any prize in excess of five hundred dollars ($500.00), the director shall check the name, address and social security number of the person claiming the prize with lists of people identified as having an outstanding debt owed to the state of Wyoming or from a support order, as defined in W.S. 20 ‑ 6 ‑ 102. The department of revenue and the department of family services shall provide lists to the board. The chairman shall withhold payment of prize money from any prizewinner whose name appears on a list, but shall transfer it to pay the outstanding debt as provided by applicable law. (d) The commission and board are discharged of all liability upon payment of any prize under this section. 11 ‑ 25 ‑ 209. Prohibited acts. (a) No person shall: (i) Sell a lottery ticket at a price different from that fixed by the board; (ii) Sell a lottery ticket unless licensed to do so under this article; (iii) Sell or transfer a lottery ticket to a minor; (iv) Sell a lottery ticket at a location other than that specified on the license; (v) If a minor, purchase a lottery ticket. 11 ‑ 25 ‑ 210. Advertising. Promotional advertising regarding the lottery shall state the odds of winning. Promotional advertising expenses shall be paid from the lottery account. 11 ‑ 25 ‑ 211. Revenue from sales; disposition; lottery account created. (a) There is created a lottery account in the enterprise fund. (b) Revenues from the sale of lottery tickets shall be paid to the state treasurer for deposit into the lottery account, except that the treasurer shall deposit one percent (1%) of the gross revenues to the pari-mutuel account within the earmarked revenue fund for the uses provided for by W.S 11 ‑ 25 ‑ 105(d), as appropriated by the legislature. All expenses of the commission and corporation incurred under this article including salaries shall be paid from the lottery account, as appropriated by the legislature. (c) Prizes shall be paid from the lottery account. Total disbursements for lottery prizes shall be not less than forty-five percent (45%) of the total revenue accruing from the sale of lottery tickets, and sufficient funds to pay prizes are continuously appropriated from that account. (d) Annually, the state treasurer shall transfer remaining revenues in excess of expenses, prizes and reserves necessary for efficient operation as follows: (i) Of the first two million dollars ($2,000,000.00) in revenues under this subsection: (A) Fifty percent (50%) shall be credited to an account created within the earmarked revenue fund to be used, as appropriated by the legislature, for the purpose of providing assistance to senior citizen services through the department of health, as authorized by W.S. 9 ‑ 2 ‑ 1201 through 9 ‑ 2 ‑ 1209; (B) Fifty percent (50%) shall be credited to the state parks and historic sites capital construction account created by W.S. 36 ‑ 4 ‑ 121(h) to be expended as provided by W.S. 36 ‑ 4 ‑ 121(h)(i). (ii) All remaining r evenues to the general fund. 11 ‑ 25 ‑ 212. Criminal penalties. (a) Except as provided by subsection (b) of this section, a person violating this article commits a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both. Each violation is a separate offense. (b) Any person who knowingly falsifies, alters, forges, passes or counterfeits a lottery ticket or receipt for the purchase of a lottery ticket issued under this article is guilty of a felony punishable by a fine of not less than five thousand dollars ($5,000.00), imprisonment for not less than one (1) year, nor more than five (5) years, or both. Each violation is a separate offense. Section 2. W.S. 9 ‑ 1 ‑ 627(d), 11 ‑ 25 ‑ 105(d) and 39 ‑ 15 ‑ 105(a)(iv) by creating a new subparagraph (J) are amended to read: 9 ‑ 1 ‑ 627. Authority to compile, disseminate and exchange information; immunity; access to information limited; security precautions. (d) Access to criminal history record information is available to the Wyoming pari-mutuel commission and Wyoming lottery corporation as provided by W.S. 11 ‑ 25 ‑ 104(j) and 11 ‑ 25 ‑ 202(b) . The commission and corporation shall take reasonable security precautions to prevent unauthorized persons from gaining access to criminal history record information in accordance with rules and regulations established by the Wyoming division of criminal investigation. For the purpose of this subsection "criminal history record information" means information, records and data compiled by criminal justice agencies on individuals for the purpose of identifying criminal offenders consisting of identifiable descriptions of the offenders and notations or a summary of arrests, detentions, indictments, information, pre-trial proceedings, nature and disposition of criminal charges, sentencing, rehabilitation, incarceration, correctional supervision and release. Criminal history record information is limited to information recorded as the result of the initiation of criminal proceedings. It does not include intelligence data, analytical prosecutorial files, investigative reports and files of statistical records and reports in which individual identities are not ascertainable. 11 ‑ 25 ‑ 105. Pari-mutuel permits; fees and reports; disposition of funds; enforcement of provisions. (d) All sums paid to the commission under this act except contributions from permittees to the breeder award fund, fines and penalties shall be credited to the pari-mutuel account within the earmarked revenue fund which shall be used by the commission for the payment of all expenses incurred in enforcing this act. Funds deposited pursuant to W.S. 11 ‑ 25 ‑ 210(b) shall be used by the commission to promote the economic development and enhancement of horse racing in Wyoming. All fines and penalties assessed under this act shall be credited to the county public school fund. The state treasurer shall pay out of the account all warrants drawn by the state auditor, upon vouchers issued and signed by the president, vice-president or executive secretary of the commission. The commission shall keep an accurate and true account of all funds received and all vouchers issued by the commission. All funds received and all vouchers issued by the commission shall be audited at least biennially by the director of the state department of audit or his designee and a copy of the audit shall be delivered within thirty (30) days after completion to the governor and the commission. The costs of the audit shall be borne by the commission. The members of the commission shall receive statutory per diem expenses and mileage as allowed state employees, and compensation of fifty dollars ($50.00) for each day during which they are actually engaged in the discharge of their duties. The total expenses incurred by the commission shall not exceed the total amount in the pari-mutuel account. 39 ‑ 15 ‑ 105. Exemptions. (a) The following sales or leases are exempt from the excise tax imposed by this article: (iv) For the purpose of exempting sales of services and tangible personal property sold to government, charitable and nonprofit organizations, irrigation districts and weed and pest control districts, the following are exempt: (J) Sales of and retail commissions on lottery tickets issued by the Wyoming state lottery organization under W.S. 11 ‑ 25 ‑ 201 through 11 ‑ 25 ‑ 211. Section 3. There is appropriated from the general fund to the lottery account in the enterprise fund the sum of two million dollars ($2,000,000.00), or as much thereof as necessary, to carry out the purpose of this act. This appropriation is an advance to facilitate establishment of the lottery and shall be repaid from profits as soon as practicable but in no event later than one (1) year after the first prize is paid out. Repayment of these funds shall be made prior to any distributions pursuant to W.S. 11 ‑ 25 ‑ 210(d). Section 4. (a) The Wyoming pari-mutuel commission is authorized to expend and there is appropriated from the lottery account in the enterprise fund ten percent (10%) of total revenue from sales of lottery tickets, to the commission for salaries and all administrative expenses, except prizes and repayment of the advance from the general fund, necessary to operate the lottery through June 30, 2006, or as much thereof as necessary to carry out the purposes of this act. (b) The Wyoming lottery corporation is authorized to expend and there is appropriated from the lottery account in the enterprise fund twenty percent (20%) of total revenue from sales of lottery tickets, to the corporation for salaries and all administrative expenses, except prizes and repayment of the advance from the general fund, necessary to operate the lottery through June 30, 2006, or as much thereof as necessary to carry out the purposes of this act. Section 5. This act is effective July 1, 2005. (END) 1 HB0163