(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 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. (b) Every Wednesday following any pari-mutuel event, the permittee shall: (i) File a report with the commission showing the total amount of money wagered during the period; (ii) Pay an amount equal to one-quarter percent (1/4%) of the total amount wagered attributable to historic pari-mutuel events and one and one-half percent (1 1/2%) of the total amount wagered attributable to live pari-mutuel events, shown by the report to the commission, to be credited by the state treasurer to a separate account, in the manner indicated in subsection (d) of this section; (iii) Pay an amount equal to one percent (1%) of the total amount wagered attributable to historic pari-mutuel events, shown by the report to the commission, to be transferred by the commission to the county and the city or town in which the permittee is located, in equal shares, or to the county alone if the permittee is not located within the boundaries of a city or town. The county, city or town receiving an amount under this paragraph may credit that amount to the state fair account upon a majority vote of the county's, city's or town's governing body; and (iv) Pay an amount equal to one-quarter percent (1/4%) of the total amount wagered attributable to historic pari-mutuel events, shown by the report to the commission, to be credited to the legislative stabilization reserve account. (c) The permittee may retain an amount equal to nineteen and four-tenths percent (19.40%) of the total amount wagered shown by the report and may retain up to an additional five percent (5%) of the amount wagered on multiple or exotic wagers. The permittee shall retain the breakage on not more than ten cents ($.10) and retain unclaimed tickets not claimed within one (1) year following the event for the expenses of the race meet and purses and for the promotion of the racing industry. (d) All sums paid to the commission under this act except contributions from permittees to the breeder award fund, amounts paid under paragraphs (b)(iii) and (iv) of this section, fines and penalties shall be credited to the pari-mutuel account which shall be used by the commission for the payment of all expenses incurred in enforcing this act. On a quarterly basis, the commission shall transfer amounts within the account in excess of one million five hundred thousand dollars ($1,500,000.00) to the state treasurer for credit to the legislative stabilization reserve account. All fines and penalties collected under this act shall be paid to the state treasurer and credited as provided in W.S. 8-1-109. 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 per diem and mileage as provided in W.S. 33-1-302(a)(vii), 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. (e) Applications for permits shall be made to the commission and shall fully identify the applicant, include a proper financial statement showing the financial responsibility of the applicant, show the purpose and use of the permit and describe the events to be conducted and the arrangements therefor, the manner of wagering and the names and identification of those to supervise the manner of wagering and the controls and supervision by the permittee. (f) The commission may issue, amend or refuse to issue permits in its discretion. (g) The rules of racing set forth by the commission shall be made available to all participants of each event, and violations shall be misdemeanors punishable as provided herein. (h) The commission shall observe and supervise the conduct of pari-mutuel wagering under permits issued by the commission and shall appoint one (1) of its members or employ one (1) or more persons to represent the commission in the administration and enforcement of this act and in the supervision of the conduct of pari-mutuel wagering and the events in connection therewith under each permit issued. Representatives of the commission shall have access to the events and to the pari-mutuel booths and records and shall be paid an amount determined by the commission plus expenses and mileage as fixed by law for state officers, payment therefor to be made by the state auditor. (j) As a condition of receiving a pari-mutuel permit, the permittee shall agree to and shall contribute to the breeder award fund administered by the commission an amount equal to four-tenths of one percent (0.40%) of the total handle wagered during the pari-mutuel event and an additional sum equal to twenty percent (20%) of the additional amount retained pursuant to subsection (c) of this section on multiple or exotic wagers. The contribution shall be derived from the net proceeds of the race meet revenues, other than the permittee's share of the pari-mutuel wagering handle. Contributions shall be used only for breeder awards. (k) The commission may authorize advance deposit pari-mutuel wagering at any premise where a pari-mutuel event is authorized, provided that the licensee shall: (i) Only accept an advance deposit pari-mutuel wager made by the person owning the account; (ii) Ensure the identification of the account owner by using methods and technologies approved by the commission; (iii) Provide a full accounting and verification of the sources of wagers at the request of, and in the form provided by, the commission; (iv) Allow the commission and agents of the commission access to its premises to determine that the rules and regulations are being followed; (v) Not allow minors to open, own or have access to advance deposit pari-mutuel wagering accounts; (vi) Include a statement in all forms of advertising for advance deposit pari-mutuel wagering accounts that "minors are not allowed to open or have access to advance deposit pari-mutuel wagering accounts." (m) The commission may license, regulate and charge a source market fee to persons outside of Wyoming who conduct pari-mutuel wagering on simulcast races and who accept wagers from Wyoming residents at out-of-state simulcast facilities, and shall require out-of-state simulcast facilities licensed under this section to be maintained and operated in accordance with the laws of this state and rules of the commission. Source market fees imposed on persons licensed under this subsection shall not exceed ten percent (10%) of the gross receipts of all pari-mutuel wagering by Wyoming residents conducted by such persons at out-of-state simulcast facilities. Source market fees collected annually under this subsection shall be distributed as follows: (i) Seventy-five percent (75%) to the live flat track permittees in this state on a number of live days basis, to be used to enhance purses at those tracks; (ii) Ten percent (10%) to in-state Wyoming simulcast permittees, weighted by the annual simulcast handle other than the advanced deposit wagering handle; (iii) Ten percent (10%) to the breeder award fund created under subsection (j) of this section; and (iv) Five percent (5%) to the commission for administrative expenses.

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11-25-202. Qualifications as to horses; preference to Wyoming bred horses.

(a) Every horse entered in any race authorized by a permit issued under this act shall be a thoroughbred horse which means any horse (including mare, gelding, colt and filly) that meets the requirements of and is registered by the Jockey Club of New York, including racing permits issued to foreign thoroughbred horses, or registered as an American quarter horse in the official stud book and registry of the American Quarter Horse Association, or registered as one (1) of another breed which maintains a recognized national stud book and registry. (b) Every permittee conducting a pari-mutuel event shall provide each day for the running of at least one (1) race preferred to Wyoming bred horses if Wyoming bred horses are available.

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11-25-203. Horses to race under true name; substitution of horses, concealment of identification, prohibited.

Every horse participating in any event authorized by a permit issued under this act shall participate under its true and registered name, shall be fully and truly identified and shall not participate under any other name or identification. There shall be no substitution of horses nor shall any device whatsoever be used to conceal or confuse the name and identification of any horse.

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11-25-204. Stimulation or retardation of animals prohibited; tests.

It is unlawful for any person to use or permit to be used any mechanical or electrical device, or drug of any kind, to stimulate or retard any animal in any event authorized by this act except as prescribed by the commission. A commission member, a roping judge or race steward may cause such tests to be made as they deem proper to determine whether any animal has been stimulated or retarded. Tests performed in furtherance of this section shall be conducted by or under the supervision of a qualified Wyoming veterinarian.

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11-25-205. Bribery, touting and betting by minors prohibited.

(a) 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 umpire, manage, direct, judge, preside, officiate at or participate in any event conducted under this act with the intention or purpose that the result of the event will be affected or influenced thereby. 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. (b) Any person who knowingly and designedly persuades, procures or causes, or attempts to persuade, procure or cause another person to wager on an animal or roper in any event authorized by this act and asks or demands compensation as a reward for information or purported information given in such case is guilty of unlawful touting. The representative of the commission may exclude from attendance at or near any event authorized by this act any person who has been convicted of touting and any person who refuses to leave when ordered to do so by the representative is guilty of a misdemeanor. (c) No person under the age of eighteen (18) years shall place or be allowed to place a bet. (d) Any person who has been convicted of bookmaking, bribery, touting or drugging animals may be evicted from a pari-mutuel event by a steward or roping judge.

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11-25-206. County elections as to pari-mutuel events.

No pari-mutuel event shall be held in any county until the question has been put to the people of the county to accept or reject pari-mutuel wagering. If the election fails no other election shall be held for two (2) years.

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11-25-207. Bond of permittees; required; conditions; prosecution of actions.

(a) The commission may require any permittee other than a political subdivision licensed to conduct an event to provide and deliver to the commission a bond signed by a surety company authorized to do business in this state in such form and amount as specified by the commission, or certificate of deposit, or irrevocable letter of credit, but not less than five thousand dollars ($5,000.00), conditioned that the permittee will pay to the state of Wyoming all monies due it under this act and will perform such other obligations as may be imposed by the commission. (b) The county attorney of the county in which an event is held shall prosecute all action on the bonds on behalf of the state against any permittee for any reason whatever except a cause of action covered by public liability insurance.

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11-25-208. Penalties.

(a) Any person holding or conducting any pari-mutuel event in connection with the pari-mutuel system of wagering without a permit issued in accordance with this act, or any person who violates any other provision of this act 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. (b) The attorney general may, at the request of the commission, act on behalf of the commission to prosecute criminal actions under this chapter or title 6, chapter 7, article 1 of the Wyoming statutes if after a thorough investigation the action is deemed advisable by the attorney general.

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11-25-209. Removal of livestock from quarters at county or state fairs.

At no time and under no conditions shall any livestock at any county or state fair that are there to be shown be removed from quarters provided for them in order to place pari-mutuel horses in the stalls or quarters. Removal shall be cause for rescinding the permit for the pari-mutuel event.

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11-25-210. Simulcasting permits; rulemaking; local approval; permit conditions; revocation; judicial review.

(a) Simulcasting shall be conducted only by a person holding a simulcasting permit issued by the commission and approved by the local approving authority under this section. (b) The commission shall promulgate rules for simulcasting that are reasonably necessary to protect the public interest. (c) A simulcasting permit is a type of pari-mutuel event permit and, except as specifically provided for in this section, is subject to the same terms and conditions, and shall be issued and renewed by the commission in the same manner as pari-mutuel event permits issued under this act. (d) A simulcasting permit issued or renewed by the commission off the permitted premises 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 that city or town, subject to paragraph (iii) of this subsection; (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, subject to paragraph (iii) of this subsection; (iii) If the simulcasting will be conducted within the corporate limits of any city or town, the permit or renewal application shall be subject to review and objection 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 any city that has exercised the authority granted under W.S. 15-3-202(b)(ii), the permit or renewal application shall be subject to review and objection by the governing body of that city or town. Any city, town or county that objects under this paragraph shall submit written findings stating the basis for the objection, including impacts on land use, public safety, taxation or other substantial interests. The objection shall be transmitted to the local approving authority within thirty (30) days of the objecting city, town or county receiving the permit or renewal application. An objection shall be deemed addressed once the local approving authority places it on a public agenda, considers the written findings and takes formal action to sustain, modify or overrule the objection. No permit or renewal shall be approved until all timely submitted objections have been addressed; (iv) No simulcasting may be conducted within one hundred (100) miles of any live pari-mutuel event permitted under this act during the time the event is being held, except that the commission may waive the one hundred (100) mile limitation if the simulcasting permitholder obtains written approval from the live pari-mutuel event permitholder conducting the event; (v) A simulcasting 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; (vi) Except as provided by paragraph (e)(ii) of this section, counties, towns and municipalities shall not charge a monetary fee to obtain a simulcasting permit or renewal that exceeds the actual costs of issuing the permit or renewal. (e) An applicant for a simulcasting permit or renewal 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) Identify in the application the specific location in the city, town or county where simulcasting will be conducted and the number of historic horse racing terminals to be permitted at that location. (f) After receipt of an approval or renewal application, the local approving authority shall promptly prepare and publish notice of the application in a newspaper of general circulation in the state once a week for two (2) consecutive weeks and shall 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, that protests against the issuance or renewal of the permit, if any, will be heard at a designated meeting of the local approving authority, and shall include the date, time and meeting place of the designated meeting. 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. (g) A local approving authority, in considering the approval or renewal of simulcasting permits issued by the commission: (i) Shall not approve or deny an application before the date set for the designated meeting in the published notice of the application; (ii) Shall not consider, modify or impose conditions that are solely within the jurisdiction of the commission; (iii) May impose reasonable conditions on approval or renewal, which shall be negotiated in good faith with the applicant, including the following: (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 the holder of a retail liquor license under W.S. 12-4-201; (B) Designation of areas within the permitted premises where historic horse racing terminals may be located, to the extent the designations are not inconsistent with rules of the commission. (iv) May modify any condition imposed under paragraph (iii) of this subsection only upon a showing of good cause; (v) Shall grant approval for the same term as is granted by the commission for the simulcasting permit, if the application is approved; (vi) Shall issue written findings and conclusions if the application is denied; (vii) Shall have the right to revoke approval or deny a renewal only for good cause, which shall be limited to any of the following: (A) A breach of a reasonable condition imposed by the local approving authority or the commission, if the permitholder fails to take reasonable steps to cure the breach within ten (10) business days after receiving written notice of the breach from the local approving authority or the commission, or a date agreed upon by the permitholder and the local approving authority or commission; (B) Notification from the commission that the permitholder has been found 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) Failure to demonstrate commencement of simulcasting at the permitted location within two (2) years after the permit is issued. Upon a showing of good cause by the permitholder, the local approving authority and commission may extend the period for commencement of simulcasting for one (1) additional year; (D) The welfare of the people residing in the vicinity of the permitted premises is adversely and seriously affected by the permitted premises. (h) A simulcasting permitholder may appeal a denial of renewal or revocation of approval by the local approving authority to the district court in the county where the permitted premises are located. (j) An applicant for a new simulcasting permit may appeal a decision of the local approving authority to the district court in the county where the application is filed only if that authority has previously granted approval for a simulcasting permit within its jurisdiction. If the local approving authority has not previously granted an approval for a simulcasting permit, the applicant shall have no right of appeal from the decision of the local approving authority. (k) Subject to the approval of the local approving authority, the transfer of an existing simulcasting permit involving a change of location within the same local approving authority's area of jurisdiction shall be treated as a renewal of a simulcasting permit. A transfer involving a change of location outside of the current local approving authority's area of jurisdiction shall be treated as a new application and shall be subject to all application, review and approval requirements applicable to a new simulcasting permit.

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11-25-301. Skill based amusement games authorization; commission authority; applicability.

(a) Skill based amusement games operating in the state in accordance with the provisions of 2020 Wyoming Session Laws, Chapter 114 shall be allowed to continue operation in accordance with the requirements of this article and rules of the commission. (b) A skill based amusement game that meets the requirements of this article shall be approved by the commission to operate in the state or it shall be removed from the state by the vendor. (c) The commission shall promulgate any necessary rules to administer and enforce this article. The rules may include provisions for the control, supervision, direction, discipline, suspension or fining of any person for violation of this article or rules adopted in accordance with this article.

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11-25-302. Laboratory report required.

(a) Each vendor shall provide for a nationally recognized, independent gaming laboratory approved by the commission to submit to the commission a general functional evaluation laboratory report regarding the software installed on each skill based amusement game indicating whether the skill based amusement game is in compliance with this article. Any skill based amusement game that does not meet the requirements of this article shall immediately be removed from the state by the vendor. (b) Any alterations, modifications or updates to the software or hardware of any skill based amusement game shall require the vendor to submit to the commission a new laboratory report as required under subsection (a) of this section before the game may be used for play at an establishment.

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11-25-303. Restrictions on operation of skill based amusement games.

(a) No skill based amusement game shall allow a game play of more than three dollars ($3.00) per play. (b) No skill based amusement game shall allow a payout of more than three thousand dollars ($3,000.00) per play. (c) No establishment shall have more than four (4) skill based amusement games operating for play at any one (1) time. (d) Skill based amusement games shall only be located for play at an establishment, except as provided in this subsection and subsection (e) of this section. For establishments that are licensed or permitted to sell alcoholic liquor or malt beverages, skill based amusement games shall only be located in the physical area in which alcoholic liquor or malt beverages are offered for sale. An operator shall not locate a skill based amusement game in an area of the establishment into which a person under the age of twenty-one (21) years may enter. An operator shall conspicuously mark each area of the establishment containing a skill based amusement game as an age restricted area. The operator shall not allow a person under the age of twenty-one (21) years to play a skill based amusement game. (e) The following shall apply to establishments lawfully operating under prior law: (i) Any operator who, before September 14, 2022 had a skill based amusement game located at a place of business that does not meet the definition of "establishment" in W.S. 11-25-102(a)(xvi) on April 1, 2023 shall be authorized to continue operating skill based amusement games if the operator otherwise meets the requirements to operate a skill based amusement game; (ii) Any operator who, before April 1, 2026, had a skill based amusement game located at a place of business that does not meet the definition of "establishment" in W.S. 11-25-102(a)(xvi) on April 1, 2026 shall be authorized to continue operating the skill based amusement game subject to the conditions of the existing permit until the term of the permit expires. Except as provided in paragraph (i) of this subsection, on and after April 1, 2026, a place of business that does not meet the definition of "establishment" under W.S. 11-25-102(a)(xvi) shall not be eligible for permit renewal.

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11-25-304. Required permits and licenses; applicable fees; tax imposition; taxation rate; distribution.

(a) Any person seeking to obtain or renew any license, permit or decal as required under this section shall submit an application to the commission on a form prescribed by the commission. Upon approval of an application by the commission: (i) An operator shall be issued a permit and required to pay an annual fee of two hundred fifty dollars ($250.00) to have skill based amusement games operating for play in the operator's establishment; (ii) A vendor shall be issued a license and required to pay an annual fee of two thousand five hundred dollars ($2,500.00) to possess and distribute skill based amusement games. (b) Skill based amusement games that meet the requirements of this article shall bear a commission issued decal that identifies the vendor of the game. Each decal shall be valid for one (1) year. No skill based amusement game shall be operational unless it bears a current commission issued decal. The commission shall charge the vendor a fee of fifty dollars ($50.00) for a decal. Each decal shall include the bucking horse and rider emblem. (c) The fees required under subsections (a) and (b) of this section shall be paid on or before July 1 of each year and shall be deposited in the commission gaming account created under 2020 Wyoming Session Laws, Chapter 114 and hereby continued under this subsection. Funds within the account are continuously appropriated to the commission to pay for reasonable expenses incurred to administer this article. (d) Taxes shall be calculated and paid on a weekly basis based on the net proceeds earned during the prior week on skill based amusement games. On a weekly basis, the vendor shall remit to the commission an amount equivalent to twenty percent (20%) of the net proceeds earned during the prior week on the vendor's skill based amusement games. The taxes imposed under this subsection may be prepaid as provided by rule of the commission. The commission shall remit these monies to the state treasurer for deposit in the commission gaming account and for distribution of the tax as follows: (i) Forty-five percent (45%) to the county and the city or town in which the skill based amusement game is located, in equal shares, or to the county alone if the skill based amusement game is not located within the boundaries of a city or town; (ii) Forty-five percent (45%) to the public school foundation program account; (iii) Ten percent (10%) to the commission gaming account.

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11-25-305. Operator permit, vendor license and skill based amusement game decal approval; criteria; review.

(a) The commission shall, not more than sixty (60) days after the date of receipt of an application or application for renewal for an operator permit, vendor license or skill based amusement game decal under W.S. 11-25-304 either: (i) Issue the permit, license or decal; or (ii) Deny the application based on the grounds that the applicant failed to qualify as provided by subsection (b) of this section. (b) The commission shall deny any application under this article upon finding any of the following: (i) The applicant has been convicted of, forfeited bail on or pleaded guilty within ten (10) years before the date of filing the application to: (A) A crime involving theft, dishonesty or fraud; (B) Bribery or unlawfully influencing a public official; (C) A felony involving physical harm to an individual; or (D) Any other crime identified by commission rules that negatively impacts the applicant's credibility or the security, integrity or fairness of play of skill based amusement games operated by the applicant. (ii) The applicant tampered with submitted documentation or concealed, failed to disclose or otherwise attempted to mislead the commission with respect to any material fact contained in the application or contained in any other information required of or submitted by an applicant to the commission; (iii) The applicant failed or refused to cooperate in the investigation of a crime relating to gambling, corruption of a public official or any organized criminal activity; (iv) The applicant failed to otherwise meet the requirements imposed under this article. (c) Operators shall have a continuing duty to disclose in writing any material change in the information provided in the application to the commission, including: (i) Changes to names and contact information; (ii) Arrests, convictions, guilty pleas, disciplinary actions or license denials in Wyoming and any other jurisdiction; (iii) Any civil action brought against the operator or establishment; and (iv) Any other information required by commission rules. (d) If the commission denies an application or intends to revoke or suspend a license or permit issued under this article, it shall notify the applicant, licensee or permittee in writing, stating the grounds for denial, revocation or suspension and informing the person of a right to submit, before not more than thirty (30) days, any additional documentation relating to the grounds of denial, revocation or suspension. Upon receiving any additional documentation, the commission shall reconsider its decision and inform the applicant before not more than twenty (20) days of the result of the reconsideration. A denial of an application under this article shall be subject to the contested case procedures of the Wyoming Administrative Procedure Act.

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11-25-306. Penalties.

Any person who violates any provision of this article 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. Each violation of this section shall constitute a separate offense.

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11-26-101. Prohibited generally; liability of owner; penalty.

(a) It is unlawful for the owner of any swine, goats, domestic elk or exotic livestock to allow such animals to run at large within Wyoming. As used in this section, "exotic livestock" means any nontraditional livestock animal including, without limitation, llama, alpaca and other camelids, ostrich and other ratites, bison hybrids and yaks. Any owner who permits or causes such animals to run at large within Wyoming, is liable for damages incurred by any person by reason thereof in a civil action. (b) Any person violating subsection (a) of this section, after twenty-four (24) hours written notice by a proper officer, shall be punished as provided in W.S. 11-1-103.

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11-27-101. Definitions.

(a) As used in this act: (i) "Board" means the Wyoming livestock board; (ii) "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods including animal carcasses or parts thereof; (iii) "This act" means W.S. 11-27-101 through 11-27-107.

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11-27-102. Authority of livestock board generally.

(a) Any authorized representative of the board may enter at reasonable times upon any private or public property to inspect or investigate conditions relating to the treating of garbage to be fed to swine. (b) Any authorized representative of the board may examine any records or memoranda pertaining to the feeding of garbage to swine. The board may require maintenance of records relating to the operation of equipment for and procedure of treating garbage to be fed to swine. Copies of the records shall be submitted to the board on request. (c) The board is charged with administration and enforcement of this act.

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11-27-103. Feeding permit; application.

Any person desiring to obtain a permit to feed garbage to swine shall make written application to the board in accordance with the requirements of the board.

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11-27-104. Feeding permit; requirement; renewal; annual fee; exception.

(a) No person shall feed garbage to swine, without first securing a permit from the board. Permits shall be renewed on April 1 each year. The board shall charge one dollar ($1.00) for each annual permit. (b) This act does not apply to any person who feeds his own swine the garbage obtained only from his own household.

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11-27-105. Feeding permit; revocation and refusal to issue.

Upon determination that any person having a permit issued under this act, or who has applied for a permit, has violated or failed to comply with any of the provisions of this act or any of the rules or regulations promulgated thereunder, the board may revoke the permit or refuse to issue a permit to an applicant.

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11-27-106. Treatment of garbage before feeding.

All garbage, regardless of previous processing, before being fed to swine shall be thoroughly heated to the boiling point for at least thirty (30) minutes, unless treated in some other manner approved in writing by the board as being equally effective for the protection of public health.

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11-27-107. Penalties; injunctions; indemnity prohibited.

Any person who violates or who fails to perform any duty imposed by this act, or who violates any rule or regulation promulgated under this act shall be fined not less than twenty-five dollars ($25.00) or more than two hundred fifty dollars ($250.00), or imprisoned for not more than six (6) months, or both. In addition, the person may be enjoined from continuing the violation. Each day upon which the violation occurs constitutes a separate violation. No indemnity shall be paid by the state to any person feeding garbage to swine in violation of this act.

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11-28-101. Who considered owner.

Any person occupying, using, enjoying, maintaining or having the charge of any enclosure shall be considered the owner thereof, in any action commenced under the provisions of W.S. 11-28-101 through 11-28-108.

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11-28-102. Lawful fences generally.

(a) The following are lawful fences in this state: (i) A fence made of steel, concrete or sound wooden posts and three (3) spans of barbed wire not more than fifteen (15) inches or less than ten (10) inches apart, or two (2) spans of barbed wire with a wooden rail on top. Wooden posts shall be at least four (4) inches in diameter. Posts shall be set firmly in the ground at least twenty (20) inches deep, at no greater distance apart than twenty-two (22) feet between the posts or thirty-three (33) feet with at least two (2) iron or wooden stays between the posts. Stays shall be placed equal distance apart from themselves and the post on either side; (ii) A post and board fence made of sound posts not less than four (4) inches in diameter set substantially in the ground not more than ten (10) feet apart, with three (3) boards sold as one (1) inch lumber eight (8) inches wide, and not more than ten (10) inches apart, or four (4) boards sold as one (1) inch lumber six (6) inches wide, not more than eight (8) inches apart, securely fastened with nails or otherwise; (iii) A four (4) pole fence with round poles not less than two (2) inches in diameter at the small end, with either upright or leaning posts not more than sixteen (16) feet apart, and securely fastened with nails, wires or otherwise. (b) All other fences made and constructed of boards, rails, poles, stones, hedge plants or other material which upon evidence is declared to be as strong and well calculated to protect enclosures, and is as effective for resisting breaching stock as those described in subsection (a) of this section, shall be considered a lawful fence. (c) Any fence enclosing any hay corral situated outside of any field or pasture enclosed by a lawful fence, shall be at least six (6) feet high, constructed of boards, poles or wire. The posts shall not be more than eight (8) feet apart and set twenty-four (24) inches in the ground. If the fence is constructed of barbed wire there shall be at least seven (7) spans of wire, and all wires shall be kept properly stretched. Any fence better than the above described fence is a lawful fence.

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11-28-103. Constructing of unlawful wire fence; liability and penalty; reconstruction required; penalty for failure.

(a) Any person who constructs or maintains any unlawful wire fence contrary to this chapter, is liable in a civil action for all damages to animals that may occur by reason of the unlawful enclosure. The owner of any unlawful wire fence is guilty of a misdemeanor and shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), and for each subsequent offense the fine shall not be less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). (b) The owner of any unlawful wire fence shall, within thirty (30) days after conviction, reconstruct the wire fence into a lawful wire fence. If he fails or refuses to do so, the owner is guilty of a separate offense and on conviction thereof, shall be punished as provided in subsection (a) of this section. Each period of thirty (30) days thereafter that the owner refuses or neglects to reconstruct the unlawful fence is a separate offense and the owner is subject to like punishment.

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11-28-104. Fences across roads generally.

All fences constructed across a road leading to a watering place, or constructed across any road used as a public road, shall at the point where the fence intersects or crosses the road be constructed of boards or poles extending not less than eight (8) feet on each side of the middle of the road. The owner of any fence that violates this section is guilty of a misdemeanor and shall be punished as provided in W.S. 11-28-103(a).

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11-28-105. Board of county commissioners to authorize lawful fences upon right-of-way.

The board of county commissioners may authorize the erection of a lawful fence upon the right-of-way of any public road at the expense of the petitioners for the establishment of the roads, or as may be agreed upon between petitioners and the board of county commissioners, or at the expense of the owners of lands to be benefited by the fencing or at the expense of the county, as the board of county commissioners may determine. The board shall locate and cause to be constructed gates and cattle guards at such intervals as it deems necessary for the convenience of the public. Cattle guards shall be constructed according to specification prescribed by the state highway department, under the supervision of the county surveyor or county commissioners at the expense of the petitioners, the land owners who may be benefited, or the county as the board of county commissioners may determine.

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11-28-106. Construction and maintenance of partition fences; fencing of state lands.

(a) Except as otherwise provided, the owner of any lawful fence which is or becomes a partition fence separating the owner's land from that belonging to some other person may require the person to pay for one-half (1/2) of what it would or does actually cost to construct the partition fence. In case of refusal, the owner may maintain a civil action against the person refusing and is entitled to recover one-half (1/2) of what it would or did actually cost to construct that portion of the partition fence used by the person and costs of suit. The joint users of a partition fence shall contribute to the cost of maintenance in proportion to their respective interests and if either refuses to pay his share of the cost of maintenance, the other may recover maintenance costs in the manner provided for recovering the cost of construction. (b) Repealed by Laws 2023, ch. 173, § 3. (c) Private landowners whose property adjoins state lands on which the private landowner does not hold a lease may construct a lawful partition fence along state lands and the office of state lands and investments or, if the state lands are currently leased, the lessee of the state lands shall pay for one-half (1/2) of the actual cost of the construction of the lawful partition fence. Private landowners and the office of state lands and investments, or the lessee at all times that the state lands are leased, shall contribute to the cost of maintenance of the lawful partition fence in proportion to their respective interests in the fence.

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11-28-107. Prohibited acts; penalties.

Any person who willfully or negligently leaves open, breaks down or destroys any bars or gate provided for the use and convenience of the public, or willfully tears down, throws down or destroys in any manner any lawful fence, is guilty of a misdemeanor and shall be fined not more than one hundred dollars ($100.00), or imprisoned not more than three (3) months, or both.

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11-28-108. Liability for breach into lawful enclosure by animal; civil action or arbitration.

(a) Any person owning or having in his possession or charge any livestock or domesticated buffalo which breaches into any lawful enclosure belonging to someone other than the owner of the animal, is liable to the party sustaining the injury for all damages sustained by reason of such breaching. Damages may be recovered in a civil action before any court having jurisdiction, or by arbitration, each party to select a property holder and the two (2) arbitrators to select a third. The arbitrators shall be sworn before a judge of a circuit court before entering upon their duties. The arbitrators shall carefully examine the fence and assess the damage done, examine witnesses under oath, one (1) of them to administer the oath to the witnesses, and make a written report signed by at least two (2) of the arbitrators, to the circuit court in the county in which the damage is sustained. The finding of the arbitration, as provided for in this section, shall within three (3) days after rendered, be filed with a judge of a circuit court in the county where the trespass was committed, who shall enter the cost upon his docket and proceed to issue execution therein as in other cases originally commenced before him. (b) The party sustaining the damage shall notify the owner or person having in charge the offending animals, of the damage and the probable amount if he knows to whom the animals belong and if the owner or keeper resides within the county where the damage was committed. (c) The person suffering damage may restrain and keep in custody as many of the offending animals as are equal in value to the damage done, until the finding of the court or arbitration is ascertained, unless before suit the amount of his claim and expense of keeping the animals is tendered to him. (d) If, upon trial of any action under subsection (a) of this section, it appears the plaintiff's enclosure is a lawful fence, he shall be allowed to prove the amount of damage sustained and if he has retained in custody the animals committing the damage, the amount of expense incurred for keeping the animals. Any judgment rendered for damages, costs and expenses against the defendant shall be a lien upon the animals committing the damage. If it appears upon trial that the plaintiff's enclosure is not a lawful fence or that no damage was sustained, judgment shall be rendered against the plaintiff for costs of suit and damages sustained by defendant. (e) If upon trial it appears the defendant is not the owner or person in charge of the offending animals, he shall be discharged from the action with his costs, and the suit may proceed against a defendant whose name is unknown. If, at the commencement of the action, the plaintiff does not know the name of the owner or keeper of the offending animals, he may bring suit against a defendant unknown.

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11-29-101. Definitions.

(a) As used in this act: (i) Repealed By Laws 2011, Ch. 100, § 3. (ii) "Owner" or "person" means any individual including the agents and employees of corporations; (iii) "Torture" or "cruelty" means every act, omission or neglect whereby the willful and malicious infliction of pain or suffering is caused, permitted or allowed to continue when there is a reasonable remedy or relief; (iv) "Disposal" means as defined in W.S. 11-24-101(a)(iv); (v) "Livestock" means as defined in W.S. 23-1-102(a)(xvi); (vi) "Livestock animal" means: (A) Any bovine, including domestic bison, equine, swine, sheep, goat, domesticated camelid animal, ratite bird, rabbit or poultry; or (B) Any animal used or harvested for any good and proper purpose including but not limited to food, fiber, fur, leather, medical research and byproducts; or (C) Any animal used or trained for work, sport, exhibit or entertainment. (vii) A "person with authority to enforce this chapter" means a peace officer, agent or officer of the board; (viii) "Reasonable costs of impoundment" means all costs incurred by the impounding entity in providing necessary food and water, veterinary attention and treatment for any animal which is impounded under this act; (ix) "This act" means W.S. 11-29-101 through 11-29-115.

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11-29-102. Repealed by Laws 1982, ch. 75, § 5; 1983, ch.

171, § 3.

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