Pull tabs-authorized sales.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0205

HOUSE BILL
NO.
HB0208

Pull tabs-authorized sales.

Sponsored by:
Representative(s) Martin, Gilmore, Hastert and Latta and Senator(s) Johnson

A BILL

for

AN ACT relating to gaming; authorizing the sale of pull tabs under certain conditions; providing definitions; providing penalties; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 11
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114 is created to read:

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114.

Pull tab selling permits; authorized sales; penalties.

(a)

The commission may issue permits to sell pull tabs at any premise where a pari-mutuel event is authorized. The commission shall supervise the conduct of all pull tab permittees provided for and regulated by this section and shall make reasonable rules and regulations for the control, supervision and direction of applicants and permittees. The commission may require that permit applicants be fingerprinted for identification purposes as a condition of receiving a permit. The commission shall establish reasonable fees for permits provided for by this section. The fees shall be established to ensure that the costs of administering this section are recovered through the permit fees.

(b)

Each permittee and all permittee employees shall be licensed by the commission and shall comply with all rules and regulations and all orders issued by the commission. No person shall sell any pull tabs pursuant to this section without obtaining a permit. The commission is authorized to access criminal history record information in accordance with W.S. 9
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627(d) for all licensees and permittees selling pull tabs.

(c)

The commission may designate a representative to enforce rules of the commission and this section. The representative 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 section;

(ii)

Report infractions to the commission.

(d)

No permit shall be granted to any person or any corporation or association except upon the express condition that it shall not, by any lease, contract, understanding or arrangement of whatever kind or nature, grant, assign or turn over to any other person, corporation or association the operation or management of the pull tab sales permitted under this section or permit any other person, corporation or association to retain any of the monies received from the sale of pull tabs. The commission shall revoke the permit of any permittee for any violation of the foregoing condition and such acts are a violation of this section.

(e)

Applications for permits to sell pull tabs shall be made to the commission and shall fully identify the applicant, include a proper financial statement showing the financial responsibility of the applicant, and the arrangements for the payment due on the sale of pull tabs, the names and identification of those to supervise the sale of pull tabs and the controls and supervision by the permittee. The commission shall approve all equipment used in the sale of pull tabs.

(f)

The commission may issue, amend or refuse to issue permits or licenses in its discretion.

(g)

The commission or representatives of the commission shall have access to the books and records of the pull tab permittees regarding the sale and payouts of permittees authorized under this section.

(h)

It is unlawful for any person to give or promise to give or attempt to give or for any person to receive or agree to receive or attempt to receive, any money, bribe or thing of value with intent to influence any person to dishonestly permit, manage, direct or participate in the sale of any pull tab sold under this section with the intention or purpose that the randomly selected result of the pull tab will be affected. Violation of this subsection is a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.

(j)

The commission or the representative of the commission may exclude from attendance at or near any pull tab selling premises as authorized by this section any person who has been convicted of violating subsection (h) of this section and any person who refuses to leave when ordered to do so by the commission or representative of the commission is guilty of a misdemeanor.

(k)

Any person, corporation or association selling pull tabs pursuant to this section without a permit issued in accordance with this section or any person, corporation or association who violates any other provision of this section except as provided for in subsection (h) of this section is guilty of a misdemeanor and shall be fined not more than ten thousand dollars ($10,000.00), imprisoned for not more than six (6) months, or both.

Section 2.

W.S.
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101(a)(iii)(E), (G) and by creating a new subparagraph (H),
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627(d), 11
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102(a)(viii) and by creating a new paragraph (xii) and 11
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109(c)

are amended to read:

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101.

Definitions.

(a)

As used in this article:

(iii)

"Gambling" means risking any property for gain contingent in whole or in part upon lot, chance, the operation of a gambling device or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:

(E)

Any game, wager or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling;
or

(G)

Display or private use of antique gambling devices in the owner's residence
;
.

or

(H)

Pull tab sales authorized by the Wyoming pari-mutuel commission under W.S. 11
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114.

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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 as provided by W.S. 11
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104(j)
and 11
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114(b)
. The commission 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.

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102.

Definitions.

(a)

As used in this act:

(viii)

"This act" means W.S. 11
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101 through
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113
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114
;

(xii)

"Pull tab" means a ticket with its face covered to conceal one (1) or more numbers or symbols, where one (1) or more tickets in each set have been designated in advance as a winner, or a video graphic from electronic pull tab equipment that utilizes video images and simulates the paper pull tab game of chance.

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109.

Bribery, touting and betting by minors prohibited.

(c)

No person under the age of eighteen (18) years shall place or be allowed to place a bet
or buy a pull tab

from a permittee under this act
.

Section 3.

This act is effective July 1, 2005.

(END)

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HB0208