Section 11-25-104 - Gaming commission; officers; director; meetings; quorum; records; licenses generally; effect of financial interest in events(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 9-24106.Amended by Laws 2024, ch. 104,§ 1, eff. 3/21/2024.Amended by Laws 2023, ch. 160,§ 1, eff. 7/1/2023.Amended by Laws 2021 , ch. 100, § 2, eff. 9/1/2021.Amended by Laws 2021 , ch. 109, § 2, eff. 4/5/2021.Amended by Laws 2020 , ch. 114, § 2, eff. 3/17/2020.Amended by Laws 2011 , ch. 33, § 1, eff. 7/1/2011. Laws 2020 , ch. 114, § 2, eff. 3/17/2020, was repealed by Laws 2021 , ch. 109, § 6, eff. 4/5/2021.