Local approval for simulcasting.

25LSO-0051
2025
STATE OF WYOMING
25LSO-0051
ENGROSSED
3.0

HOUSE BILL NO. HB0085

Local approval for simulcasting.

Sponsored by: Joint Appropriations Committee

A BILL

for

AN ACT relating to pari-mutuel wagering; specifying requirements for permitting simulcasting and historic horse racing machines; requiring approval, review and objection by a city, town or county for the issuance of a simulcasting permit as specified; authorizing conditions and revocation of approval; authorizing appeals; amending enforcement requirements; conforming provisions; specifying applicability; and providing for an effective date.

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

Section 1.

W.S. 11
‑
25
‑
210 is created to read:

11
‑
25
‑
210.

Simulcasting permits; rulemaking; approval, review and objection by a city, town or county; conditions; revocation; judicial review.

(a)

Simulcasting shall be conducted only by the holder of a simulcasting permit issued by the commission and approved by the local approving authority, as specified by this section.

(b)

The commission shall promulgate rules for simulcasting that are reasonably necessary to protect the public interest.

(c)

Except as specifically provided in this section, simulcasting permits shall be subject to the same terms and conditions and issued in the same manner as a pari
‑
mutuel permit issued under this act.

(d)

A simulcasting permit or renewal issued by the commission shall be subject to the following:

(i)

If the simulcasting will be conducted within the corporate limits of any city or town, the permit or renewal shall be subject to approval by the governing body of the city or town and review and objection by the board of county commissioners of the county in which the simulcasting will be conducted;

(ii)

If the simulcasting will be conducted outside the corporate limits of any city or town, the permit or renewal shall be subject to approval by the board of county commissioners of the county in which the simulcasting will be conducted.

If the simulcasting will be conducted within one
‑
half (1/2) mile of the corporate limits of a city that has exercised the authority granted under W.S. 15
‑
3
‑
202(b)(ii), the permit or renewal shall be subject to review and objection by the governing body of that city;

(iii)

A permit or renewal shall be issued by the commission for a term not to exceed three (3) years from the date of issuance;

(iv)

A permit or renewal shall be issued by the commission only to an applicant authorized under this act to conduct a pari
‑
mutuel event other than simulcasting.

(e)

An applicant for a simulcasting permit or renewal issued by the commission shall:

(i)

File an application for approval with the local approving authority. Renewal applications shall be filed not later than ninety (90) days prior to expiration of the permit;

(ii)

At the time of filing the application, pay an amount sufficient to reimburse the actual cost of publishing notice of the application;

(iii)

If the permit or renewal is subject to review and objection by a second local authority under paragraph (d)(i) or (ii) of this section, the applicant shall notify that local authority of its application.

(f)

After receipt of an approval or renewal application under paragraph (e)(i) of this section, the local approving authority shall promptly prepare and publish notice of the application in a newspaper of local circulation once a week for two (2) consecutive weeks and post the notice on its official website. The notice shall state that the named applicant has applied for approval or renewal of a simulcasting permit and that protests against the issuance or renewal of approval, if any, will be heard at a designated meeting of the local approving authority. For a renewal application, the local approving authority shall hold the designated meeting not later than thirty (30) days prior to expiration of the permit and the holder of the permit to simulcast may, in advance of the designated meeting, request a contested case hearing.

(g)

With respect to approval and renewal of simulcasting permits issued by the commission, the local approving authority:

(i)

Shall not approve or deny an application until on or after the date set in its notice for hearing protests;

(ii)

Shall not consider, modify or impose conditions that are solely within the jurisdiction of the commission;

(iii)

May impose reasonable conditions on its approval, which shall be negotiated in good faith with an applicant, including:

(A)

A schedule of operating hours for the permitted premises, provided the hours of operation shall not be more restrictive than the hours of operation for alcohol sales set pursuant to W.S. 12
‑
5
‑
101 for holders of retail liquor licenses under W.S. 12
‑
4
‑
201;

(B)

Designations within the permitted premises relating to areas historic horse racing machines may be located, to the extent the designations are not inconsistent with rules of the commission.

(iv)

May modify the reasonable conditions imposed under paragraph (iii) of this subsection only upon a showing of good cause;

(v)

Shall require the applicant to identify the specific location in the city, town or county where simulcasting will be conducted and the number of historic horse racing machines to be permitted at that location;

(vi)

Shall grant approval for the same term as is granted by the commission for a simulcasting permit;

(vii)

Shall issue written findings and conclusions in the event of a denial of an application;

(viii)

Shall have the right to revoke its approval or deny a renewal of approval for a simulcasting permit only for good cause, which shall be limited to any of the following:

(A)

A breach by the holder of the permit of any reasonable conditions imposed by the local approving authority or the commission for which reasonable steps to cure the issue are not initiated by the holder of the permit within ten (10) business days of receiving written notice of the breach from the local approving authority or the commission, or the date agreed upon by the holder of the permit and the local approving authority or commission;

(B)

Notification by the commission that the holder of the permit has acted in violation of any Wyoming gaming law specified in this chapter, W.S. 6
‑
7
‑
101 through 6
‑
7
‑
104 or 9
‑
24
‑
101 through 9
‑
24
‑
106;

(C)

The holder of the permit fails to demonstrate commencement of simulcasting at the approved location within two (2) years after the permit is issued. Upon a showing of good cause by the holder of the permit, the local approving authority may extend the period for commencement of simulcasting for one (1) additional year.

(h)

For simulcasting permits or renewals that require the review and objection of a second local authority, the second local authority shall notify the applicant, the commission and the local approving authority of any objections or concerns in writing not later than thirty (30) days after receipt of the notification of an application under paragraph (e)(iii) of this section. The commission and the local approving authority shall not approve a permit or renewal unless all objections and concerns raised by the second local authority have been considered and settled, as determined by the local approving authority
.

(j)

An applicant for renewal of a simulcasting permit or the holder of a simulcasting permit may appeal to the district court in the county where the permitted premises are located from an adverse decision or revocation by the local approving authority. During the pendency of the appeal, the approval of the local approving authority for the applicant to conduct simulcasting shall remain in full force and effect.

(k)

No applicant for approval by a local approving authority for a new simulcasting permit shall have a right of appeal from the decision of the local approving authority.

(m)

Subject to local authority approval of a transfer of location, the transfer of an existing simulcasting permit shall be treated as a renewal of approval for a simulcasting permit.

Section 2.

W.S. 11
‑
25
‑
102(a)(vii)(intro) and by creating new paragraphs (xxiii) and (xxiv), 11
‑
25
‑
104(g)(intro)

and 11
‑
25
‑
201(a) are amended to read:

11
‑
25
‑
102.

Definitions.

(a)

As used in this act:

(vii)

"Simulcasting" means the sale of pari
‑
mutuel pools electronically transmitted live or historic on interstate or intrastate pari
‑
mutuel events as prescribed by the commission
;
. The commission shall authorize simulcasting subject to the following conditions:

(xxiii)

"Local approving authority" means the local authority with responsibility to approve or deny an application or renewal of a simulcasting permit issued by the commission;

(xxiv)

"Local authority" means the governing body of a city, town or county in Wyoming.

11
‑
25
‑
104.

Gaming commission; officers; director; meetings; quorum; records; licenses generally; effect of financial interest in events.

(g)

The commission may delegate authority to enforce rules of the commission and this act to three (3) stewards at each
live
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:

11
‑
25
‑
201.

Pari
‑
mutuel permits; fees and reports; disposition of funds; enforcement of provisions.

(a)

The commission may issue pari
‑
mutuel permits for a specified period not to exceed three (3) years from the date of issuance to any Wyoming county, city, incorporated town, county fair board or any corporation or association
which
that
has been approved by the board of county commissioners
, except as provided for simulcasting permits in W.S. 11
‑
25
‑
210,
and
that
provides a bond acceptable to the commission. No permit shall be granted to any city, town, county, county fair board 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 person, corporation or association the operation or management of the pari
‑
mutuel event permitted under this act or of the pari
‑
mutuel system of wagering or in any manner permit any person, corporation or association to retain any of the money received for admission to the race meeting or from the operations of the pari
‑
mutuel system. The commission shall revoke the permit of any permittee for any violation of the foregoing condition and such acts are a violation of this act. The permit is effective only for the times and at the places for which issued. In addition to all other fees and charges, there shall be charged before issuance of a permit a daily fee established by the commission to defray expenses of enforcing this act.

Section 3.

W.S. 11
‑
25
‑
102(a)(vii)(A) through (D) is repealed.

Section 4.

(a)

Notwithstanding W.S. 11
‑
25
‑
210, permitted simulcasting facilities as of the effective date of this act shall be authorized to continue operations until June 30, 2026, subject to the conditions of their existing approvals and permits.

(b)

On and after July 1, 2026, all simulcasting facilities that were permitted as of the effective date of this act shall be subject to the requirements of W.S. 11
‑
25
‑
210 and a city, town or county may deny or refuse to provide its approval of such simulcasting facilities pursuant to the requirements of W.S. 11
‑
25
‑
210 only upon a showing of good cause, as specified in W.S. 11
‑
25
‑
210(g)(viii).

Section 5
.

This act is effective July 1, 2025
.

(END)

1
HB0085