9-17-120. Confidentiality of information; investigations;
supervision and inspections; reports of suspected violations; assistance in investigation of violations.
(a) Except as authorized in this chapter, the corporation is subject to the provisions of W.S. 16-4-201 through 16-4-205 and 16-4-401 through 16-4-408. Confidential information is exempt from the provisions of W.S. 16-4-201 through 16-4-205 and may be discussed during executive session pursuant to W.S. 16-4-405(a). Meetings or portions of meetings devoted to discussing information deemed confidential pursuant to this subsection are exempt from W.S. 16-4-401 through 16-4-408.
(b) The corporation shall perform full criminal background investigations on all potential vendors prior to the execution of any vendor contract. The corporation shall be authorized to pay for the actual cost of the investigations and may contract with the division of criminal investigation for the performance of the investigations.
(c) The corporation or its authorized agent shall:
(i) Conduct criminal background investigations and credit investigations on all potential retailers. The corporation shall be authorized to pay for the actual cost of the investigations and may contract with the division of criminal investigation for the performance of the investigations;
(ii) Supervise ticket or share validation and lottery drawings;
(iii) Inspect at times, determined solely by the corporation, the facilities of any vendor or lottery retailer in order to determine the integrity of the vendor's product or the operations of the retailer in order to determine whether the vendor or the retailer is in compliance with its contract;
(iv) Report any suspected violations of this chapter to the appropriate district attorney or the attorney general and to any law enforcement agencies having jurisdiction over the violation; and
(v) Upon request, provide assistance to any district attorney, the attorney general or a law enforcement agency investigating a violation of this chapter.
9-17-121. Sales to minors; penalty; affirmative defense.
Any person who knowingly sells a lottery ticket or share to a person under eighteen (18) years of age or permits a person under eighteen (18) years of age to play any lottery game shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for the first offense and for each subsequent offense not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). It shall be an affirmative defense to a charge of a violation under this section that the retailer reasonably and in good faith relied upon representation of proof of age in making the sale.
9-17-122. Penalty for falsely making, altering, forging,
uttering, passing or counterfeiting ticket; penalty for attempting to influence winning of prize.
(a) Any person who, with intent to defraud, falsely makes, alters, forges, utters, passes or counterfeits a state lottery ticket is guilty of a felony and shall be punished by a fine not to exceed fifty thousand dollars ($50,000.00), imprisonment for not more than five (5) years, or both.
(b) Any person who influences or attempts to influence the winning of a prize through the use of coercion, fraud, deception or tampering with lottery equipment or materials is guilty of a felony and shall be punished by a fine not to exceed fifty thousand dollars ($50,000.00), imprisonment for not more than five (5) years, or both.
9-17-123. Penalty for making false statements or false entries in books or records.
No person shall knowingly or intentionally make a material false statement in any application for a license or proposal to conduct lottery activities or make a material false entry in any book or record which is compiled or maintained or submitted to the board pursuant to the provisions of this chapter. Any person who violates the provisions of this section shall be punished by a fine not to exceed twenty-five thousand dollars ($25,000.00) or the dollar amount of the false entry or statement, whichever is greater, by imprisonment for not more than five (5) years, or both.
9-17-124. Agreements with agencies of other jurisdictions;
restriction on release of records, documents and information.
(a) The corporation may enter into intelligence sharing, reciprocal use or restricted use agreements with the federal government, law enforcement agencies, lottery regulation agencies and gaming enforcement agencies of other jurisdictions which provide for and regulate the use of information provided and received pursuant to the agreement.
(b) Records, documents and information in the possession of the corporation received pursuant to an intelligence sharing, reciprocal use or restricted use agreement entered into by the corporation with a federal department or agency, any law enforcement agency or the lottery regulation or gaming enforcement agency of any jurisdiction shall be considered investigative records of a law enforcement agency and are not subject to W.S. 16-4-201 through 16-4-205 and shall not be released under any condition without the permission of the person or agency providing the record or information.
9-17-125. Bidding requirements and procedures for contracts.
(a) The corporation shall enter into its contracts for procurements after competitive bidding. The requirement for competitive bidding does not apply in the case of a single vendor having exclusive rights to offer a particular service or product. Procedures adopted by the board shall be designed to allow the selection of proposals that provide the greatest long-term benefit to the state, the greatest integrity for the corporation and the best service and products for the public.
(b) In any bidding process, the corporation may administer its own bidding and procurement or may utilize the services of the department of administration and information or other state agency or subdivision thereof.
(a) Any retailer, vendor or applicant for a retailer or vendor contract aggrieved by an action of the board may appeal that decision to the first judicial district court.
(b) The first judicial district court shall hear appeals from decisions of the board and based upon the record of the proceedings before the board may reverse the decision of the board only if the appellant proves the decision to be:
(i) Clearly erroneous;
(ii) Arbitrary and capricious;
(iii) Procured by fraud;
(iv) A result of substantial misconduct by the board; or
(v) Contrary to the United States constitution or the constitution of Wyoming or the provisions of this chapter.
(c) The district court may remand an appeal to the board to conduct further hearings.
(d) Any person who appeals the award of a major procurement contract for the supply of a lottery ticket system, share system or an on-line or other mechanical or electronic system shall be liable for all costs of appeal and defense in the event the appeal is denied or the contract award upheld.
validation of debt; restriction on use of money in state general fund and other state funds; purchase or release of goods and services.
(a) The corporation may borrow, or accept and expend, in accordance with the provisions of this chapter, monies as may be received from any source, including income from the corporation's operations, for effectuating its corporate purposes, including the payment of the initial expenses of initiation, administration and operation of the corporation and the lottery.
(b) The corporation shall be self sustaining and self funded. Monies in the state general fund or any other state funds or monies in any form shall not be used or obligated to pay the expenses of the corporation or prizes of the lottery and no claim for the payment of an expense of the lottery or prizes of the lottery may be made against any monies other than monies credited to the corporation operating account.
(c) The corporation may purchase, lease or lease purchase goods or services as necessary to effectuate the purposes of this chapter. The corporation may make procurements which integrate functions including lottery game design, lottery ticket distribution to retailers, supply of goods and services and advertising. In all procurement decisions, the corporation shall take into account the particularly sensitive nature of the state lottery and shall act to promote and ensure security, honesty, fairness and integrity in the operation and administration of the lottery and the objectives of raising net proceeds.
9-17-128. Reports by corporation; audits; budget; fiscal year.
(a) To ensure the financial integrity of the lottery, the corporation through its board of directors shall:
(i) Submit quarterly and annual reports to the governor, department of audit and the joint revenue interim committee disclosing the total lottery revenues, prize disbursements and expenses of the corporation during the reporting period. The annual report shall additionally describe the organizational structure of the corporation and summarize the functions performed by each organizational division within the corporation;
(ii) Adopt a system of internal audits;
(iii) Maintain weekly or more frequent records of lottery transactions, including the distribution of tickets or shares to retailers, revenues received, claims for prizes, prizes paid, prizes forfeited and other financial transactions of the corporation;
(iv) Contract with a certified public accountant or firm for an annual financial audit of the corporation. The certified public accountant or firm shall have no financial interest in any vendor with whom the corporation is under contract. The certified public accountant or firm shall present an audit report not later than four (4) months after the end of the fiscal year. The certified public accountant or firm shall evaluate the internal controls in effect during the audit period. The cost of this annual financial audit shall be an operating expense of the corporation. The department of audit may at any time conduct an audit of any phase of the operations of the Wyoming lottery corporation at the expense of the state and shall receive a copy of the annual independent financial audit. A copy of any audit performed by the certified public accountant or firm or the department of audit shall be transmitted to the governor, the department of audit, the state auditor and the joint revenue interim committee;
(v) Submit to the governor, the department of audit and the joint revenue interim committee by June 30 of each year a copy of the annual operating budget for the corporation for the next fiscal year. This annual operating budget shall be approved by the board and be on forms as prescribed by the state budget department;
(vi) For informational purposes only, submit to the governor on September 1 of each year a proposed operating budget for the corporation for the succeeding fiscal year. This budget proposal shall also be accompanied by an estimate of the net proceeds to be deposited into the lottery account during the succeeding fiscal year; and
(vii) Adopt the same fiscal year as that used by state government.
9-19-101. Sage grouse implementation team created; membership; duties.
(a) There is created a sage grouse implementation team that shall consist of members appointed by the governor as provided in this subsection and members of the legislature as provided in subsection (b) of this section. Members of the implementation team appointed pursuant to this subsection shall serve staggered terms of four (4) years. As terms of current implementation team members expire, the governor shall appoint each new member or reappointed member to a four (4) year term. The implementation team members appointed by the governor shall consist of the following members:
(i) Not less than two (2) members representing each of the following interests:
(A) Agriculture;
(B) Mining;
(C) Oil and gas industry;
(D) Conservation or sportsmen's groups.
(ii) Not less than one (1) member representing each of the following interests:
(A) County government;
(B) Wind generation and transmission industry.
(iii) Not less than one (1) member representing each of the following agencies:
(A) Wyoming game and fish commission;
(B) Wyoming department of agriculture;
(C) Wyoming department of environmental quality;
(D) Wyoming wildlife and natural resource trust fund board;
(E) Wyoming oil and gas conservation commission; and
(F) Wyoming office of state lands and investments.
(b) The sage grouse implementation team shall include one (1) member of the house of representatives, appointed by the speaker of the house and one (1) member of the senate appointed by the president of the senate.
(c) The implementation team shall seek cooperation and participation from the following federal entities in carrying out its duties:
(i) United States bureau of land management;
(ii) United States fish and wildlife service;
(iii) United States forest service;
(iv) United States natural resource conservation service.
(d) The governor may remove any member appointed pursuant to subsection (a) of this section as provided in W.S. 9-1-202.
(e) The governor shall appoint a chairman and other officers deemed necessary from among the members. The implementation team may meet as often as deemed necessary by a majority of the implementation team or at the request of the chairman or the governor. Except as otherwise provided in this subsection, members shall serve without salary but may, at the governor's discretion, receive per diem and mileage for attending team meetings in the manner and amounts provided by law for state employees. Members who are government employees or public officials shall be considered on official business of their agency when performing duties as members of the implementation team. Legislative members shall be paid salary, per diem and mileage as provided in W.S. 28-5-101 when performing duties as members of the implementation team. Remaining members may, at the governor's discretion, receive payment authorized by this subsection from the governor's office.
(f) The implementation team shall review data and make recommendations to the governor regarding actions and funding to maintain and enhance sage grouse populations and sage grouse habitats in Wyoming.
(g) The implementation team shall make recommendations to the governor regarding regulatory actions necessary to maintain and enhance sage grouse populations and sage grouse habitats in Wyoming.
(h) Before making any recommendations under subsections
(f) or (g) of this section, the implementation team shall:
(i) Not less than forty-five (45) days before making a recommendation to the governor that may affect surface owners, send written notice by first-class mail to all affected surface owners that may be affected by any recommendation of the implementation team. The notice shall describe the proposed recommendations to be made to the governor and how the recommendations may affect the surface owners;
(ii) Not less than thirty (30) days before making a recommendation to the governor that may affect surface owners, provide an opportunity for a public meeting for the purpose of receiving comments in not less than one (1) community where the impacted owners are located.
(a) As used in this act:
(i) "Additionality" means the benefits of a compensatory mitigation measure that improve the baseline conditions of impacted resources and their values, services and functions in a manner that is demonstrably new and would not have occurred without the compensatory mitigation measure;
(ii) "Avoidance" means avoiding an impact completely by not taking a certain action or part of an action;
(iii) "Compensatory mitigation" means replacement, substitution or enhancement of ecological functions to offset anticipated losses of those functions caused by impacts to the greater sage grouse;
(iv) "Credit" or "mitigation credit" means a defined unit representing the accrual or attainment of ecological functions or services for the greater sage grouse at a mitigation site or within a mitigation program;
(v) "Debit" means a defined unit representing the loss of ecological functions or services for greater sage grouse at a specific mitigation site or within a mitigation program;
(vi) "Durability" means the effectiveness of a mitigation measure is sustained until the direct, indirect and any other residual impacts of an action on the habitat and population of the greater sage grouse are fully remediated;
(vii) "Ecological function" means the ability of an area to support vegetation and fish and wildlife populations;
(viii) "Effects" mean changes in the environmental conditions that are relevant to the greater sage grouse. Direct effects are caused by an action and occur at the same time and place. Indirect effects are caused by an action but occur at a later time, at another place or both;
(ix) "Habitat assurance" means assurance that compensatory mitigation is adequate to reliably abate threats to greater sage grouse populations and habitat and is adequately offset by more security for habitats and populations where threats have been removed or abated;
(x) "Habitat vulnerability" means actions that occur in highly vulnerable or limiting habitat types that make it more difficult to replace those habitats;
(xi) "Landscape support" means an area encompassing interacting ecosystems and human systems that is characterized by a set of common management concerns;
(xii) "Minimization" means minimizing the impact to habitat and populations by limiting the degree of an action and its implementation;
(xiii) "Mitigation" means all actions to avoid, minimize, restore and compensate for ecological functions;
(xiv) "Performance audit" means an audit conducted to evaluate a mitigation credit provider's compliance with this act and the rules promulgated by the board of land commissioners for the mitigation credit system to ensure that the provider is meeting required habitat, landscape and ecological targets necessary for the continued provision of ecological functions and services for purchased credits;
(xv) "Permitting agency" means the state agency that authorizes a project or action that uses compensatory mitigation credits as mitigation for unavoidable residual impacts associated with the project or action;
(xvi) "Replacement" means a physical and biological metric that will replace an impacted acre with an equal or greater amount of habitat where threats have been removed or abated;
(xvii) "Service area" means a geographic area within which adverse impacts to greater sage grouse that occur may be mitigated or compensated through credits;
(xviii) "Take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect or to attempt to engage in that conduct;
(xix) "This act" means W.S. 9-19-201 through 9-19-204.
(a) The compensatory mitigation credit system required under this act shall be established to allow for development to be conducted in a manner that recognizes and achieves an order of avoidance, minimization and where appropriate and authorized by the permitting agency, compensatory mitigation to ensure the long-term sustainability of greater sage grouse populations and habitats.
(b) The board of land commissioners, after consultation as appropriate with the department of agriculture, the department of environmental quality, the game and fish department, the oil and gas conservation commission, the department of transportation and the Wyoming wildlife and natural resource trust account board, shall adopt rules for the establishment and administration of a compensatory mitigation credit system for greater sage grouse in Wyoming, including rules for evaluating ecological functions, services and values. The rules shall at a minimum provide for:
(i) Science-based criteria under which mitigation credits may be obtained, including provisions that consider additionality, durability, replacement, direct and indirect effects, habitat assurance, habitat vulnerability, occupancy, proximity, access to seasonal habitat and other landscape and habitat needs for the greater sage grouse;
(ii) Establishment of a compensatory mitigation oversight group to consist of representatives of the department of agriculture, the game and fish department, the Wyoming wildlife and natural resource trust account board and the office of state lands and investments to evaluate and provide technical review using the criteria established under paragraph (i) of this subsection and, where appropriate, recommend certification of any mitigation credit provider seeking approval under this act. The group may request assistance from any state, local and federal agency to review credit provider applications and other mitigation measures;
(iii) The service area for the use of compensatory mitigation credits, provided that mitigation shall take place within the state of Wyoming;
(iv) The length of credits to be used and sold, provided that any term credit shall be sold for the period of the expected impact. Credit term expiration before restoration of the impacted location to suitability shall require the party responsible for the mitigation to purchase additional credits or negotiate a credit contract extension. Credit mitigation shall remain in place until the impact to the habitat of greater sage grouse is restored to suitability. Any term credit sold under this act shall be for a period of not less than five (5) years;
(v) Criteria for the use and sale of compensatory mitigation credits, including specific compensatory mitigation debit requirements for impacts to greater sage grouse core and non-core population areas, that insure equivalence and parity between debit and credit calculations;
(vi) Criteria for other forms of mitigation, including operator-offered measures and operator-offered restoration credits, in accordance with subsection (f) of this section, and measures for reduced or eliminated take;
(vii) The review process for and approval by the board of land commissioners of recommendations submitted by the compensatory mitigation oversight group established in paragraph
(ii) of this subsection;
(viii) Requirements for the maintenance and submission by the board of land commissioners of records concerning ecological function and greater sage grouse habitat losses and credit and debit accounts for each mitigation credit provider;
(ix) Requirements for long-term monitoring, management and maintenance of lands associated with mitigation credits obtained under the credit system including monitoring of impacts to sage grouse habitat to ensure that the impacted location is returned to full suitability before a credit purchaser is relieved of liability for mitigation of the impact;
(x) Requirements for periodic financial and performance audits to be conducted on each mitigation credit provider authorized to offer credits and any purchaser of term credits under the compensatory mitigation credit system created by this section. Audits shall be conducted only to ensure that the mitigation credit provider or purchaser are in compliance with the requirements of this act and any rules promulgated for the mitigation credit system;
(xi) Eligibility criteria for mitigation credit providers, including a requirement that a mitigation credit provider shall be a resident of or authorized to conduct business in Wyoming;
(xii) Requirements for financial assurance associated with compensatory mitigation credits obtained under the credit system, provided that the financial assurance requirements are sufficient to address:
(A) Any corrective measures which a mitigation credit provider or their successor in interest is required to take to ameliorate any material injury or adverse impacts to the land or habitat used for compensatory mitigation for which credits are offered that materially impairs the conservation objectives of that land or habitat;
(B) The bankruptcy or financial failure of a mitigation credit provider authorized to offer credits under the compensatory mitigation credit system;
(C) Maintenance, monitoring and management costs.
(c) Every conservation easement used to serve as a credit under this act shall bind the parties thereto to an agreement that provides that the state of Wyoming is a third-party beneficiary to the easement solely with the contingent rights to enter onto the land subject to the easement for inspection and to enforce the terms of the easement if the grantee fails to enforce any of the terms of the easement. The state shall have the right to access a mitigation credit provider's financial assurances in order to address any of the occurrences specified in W.S. 9-19-203(b)(xii).
(d) Upon the purchase of a credit from a mitigation credit provider approved under this act, the purchaser's obligation for mitigation represented by that credit shall be transferred to the mitigation credit provider for the term of the credit.
(e) The board of land commissioners shall certify any habitat conservation bank that has been certified and approved by the United States fish and wildlife service as meeting or exceeding the requirements of this act until the earlier of:
(i) The federally approved habitat conservation bank is approved under the rules promulgated pursuant to this act; or
(ii) July 1, 2023.
(f) In lieu of or in addition to the compensatory mitigation credit system provided in this act, an operator may perform compensatory mitigation measures in a service area that includes the same or reasonably equivalent properties in Wyoming to the lands where impacts occur and receive credit from the board of land commissioners for those measures. The operator shall retain responsibility for the mitigation measures for the entire period of the expected impact. The operator shall not delegate the responsibility for the mitigation measures except to a mitigation credit provider upon approval by the board of land commissioners.
(g) No person shall have the right of eminent domain for compensatory mitigation activities specified in this act.
(a) The board of land commissioners may create an account exclusively for each mitigation credit provider. The board may accept funds for deposit into each account as part of the financial assurances required under rules adopted by the board of land commissioners pursuant to W.S. 9-19-203(b). The board shall manage the expenditure of funds within each account. Funds within each account shall be invested by the state treasurer as authorized under W.S. 9-4-715(a), (d) and (e).
(b) The board shall collect a fee of one thousand five hundred dollars ($1,500.00) from each mitigation credit provider for creating an account as provided by subsection (a) of this section. An account established pursuant to subsection (a) of this section shall be subject to an annual fee of one percent (1%) of the account's balance for the annual administration, operation, reporting and accounting of the account. The board shall assess and collect the annual fee on the date set by rule during each year in which the account is in existence. The board shall collect the annual fee by deducting it from the balance of the account.
(c) Each mitigation credit provider shall pay supervisory fees to the board of land commissioners as set forth in the rules and regulations of the board. The supervisory fees shall provide for the costs of audit and other supervisory actions of a mitigation credit provider approved under this act. The fees shall be established by rule of the board and shall be adjusted to assure consistency with the cost of audits.
(d) Fees collected under this section shall be credited to the mitigation credit fund which is hereby created. Funds within the mitigation credit fund are continuously appropriated to the department and shall only be used for purposes of this article.
(a) As used in this article:
(i) "Account" means the minerals to value added product program account created pursuant to W.S. 9-20-104(a);
(ii) "Minerals to value added products facility" includes a commercial scale mineral to liquid fuels or other value added products facilities but shall not include any facility which will derive fifty percent (50%) or more of its anticipated revenues from the generation of electricity;
(iii) "Program" means the minerals to value added products program created pursuant to W.S. 9-20-102(a);
(iv) "Tolling fee" means a negotiated fee for the conversion of a feedstock mineral provided by the state of Wyoming under a contract with the operator of a value added facility;
(v) "This act" means W.S. 9-20-101 through 9-20-104.
9-20-102. Wyoming mineral to value added product program; rulemaking authority.
(a) There is created the Wyoming minerals to value added products program. The program is intended to aid economic development of the state by providing mineral product input guarantees to enable the recruitment and operation of commercial scale minerals to value added products facilities, which have demonstrated proof of performance.
(b) The Wyoming business council shall establish and administer the program under this act. Any commercial scale minerals to value added products facility shall submit a proposal to the governor. The governor may provide recommendations for the size and parameters of the proposed contract. An application to participate in the program shall then be submitted to and reviewed by the Wyoming business council under the process set forth in W.S. 9-12-601 through 9-12-603. The application shall be submitted on forms prescribed by, and subject to rules promulgated by, the Wyoming business council. In determining whether to recommend a contract for approval, the Wyoming business council shall consider if the applicant has demonstrated a business plan, balance sheet, sufficient cash flow, commitments to sell the finished product and other indices necessary to demonstrate the applicant's ability to perform under the contract as determined by rule and regulation of the Wyoming business council.
(c) The Wyoming business council shall provide recommendations for terms and conditions contained in a proposed contract. The Wyoming business council's recommendations shall be forwarded to the state loan and investment board for final consideration of the application.
(d) After an application to participate in the program is approved by the state loan and investment board, the Wyoming business council may complete negotiations to contract to supply not more than twenty percent (20%) of the expected mineral supply to the facility for the duration of the contract. Total contract amounts for any one (1) facility shall be set by rule of the state loan and investment board based on the provisions of this act and the expected return to the state of Wyoming, but in no event shall a contract exceed fifty million dollars ($50,000,000.00).
(e) All complete applications to participate in the minerals to value added products program established under this act which conform to the criteria established by this act and rules and regulations promulgated hereunder, shall be considered. The Wyoming business council shall review the application and may communicate directly with the applicant. A determination by the state loan and investment board to approve or disapprove an application under this act is not appealable.
(f) If the Wyoming business council receives multiple applications to enter a contract under the program, consideration shall be given to whether the applicant has demonstrated a past record of producing jobs in Wyoming and whether the applicant has and is likely to maintain a nexus to the state of Wyoming.
(a) In determining whether to recommend or approve a contract under this act, the Wyoming business council and state loan and investment board shall consider if:
(i) There are sufficient funds in the account to fully fund the contract and all other outstanding commitments to the account;
(ii) The contract establishes the terms and conditions of the contract as required by this act, including, but not necessarily limited to:
(A) The duration of the contract to provide feedstock minerals, including the end date for the contract;
(B) Criteria to determine proof of performance on the part of the minerals to value added products facility prior to expenditure of funds by the state of Wyoming under the contract;
(C) Tolling fees for the conversion of the state's feedstock to a value added product;
(D) Procedures and mechanisms for the sale of the finished product produced under the contract and the deposit of the proceeds of those sales to the account as provided in W.S. 9-20-104.
(b) Contracts considered under this act shall be subject to the following procedures:
(i) The proposed contract shall be submitted to the Wyoming business council for review and determination under the process set forth in W.S. 9-12-601 through 9-12-603;
(ii) The Wyoming business council's recommendations shall be forwarded to the state loan and investment board for final consideration of the contract.
(c) The Wyoming business council shall only recommend, and the state loan and investment board shall only approve, entering into contracts under this act for minerals to value added products facility projects which meet the following minimum requirements:
(i) Are anticipated to have a beneficial economic impact to the state of Wyoming and provide the following minimum public benefits:
(A) The creation of a substantial expansion of permanent jobs in the county or counties in which the project will be located;
(B) A substantial increase in the assessed valuation of the county or counties in which the projects will be located;
(C) A substantial increase in the sales, property or other tax revenues to the county or counties where the project will be located;
(D) Promotion of a stable, balanced and diversified economy; and
(E) Private investment in the county or counties in buildings, equipment and direct project infrastructure of not less than three (3) times the amount of any contract.
(ii) Provide adequate consideration for the state of Wyoming to enter the contract;
(iii) The feedstock materials supplied under the contract shall have been produced substantially in Wyoming;
(iv) The contract shall not create debt of the state of Wyoming beyond the current year's taxes;
(v) The facility to which the feedstock materials is to be supplied has not previously been supplied with feedstock materials from a contract entered into under the program; and
(vi) The terms of the contract are such that the state of Wyoming is likely to realize a positive return on its investment under the contract.
(d) No contract shall be entered into under this act without the written opinion of the attorney general certifying the legality of the transaction and all documents connected therewith.
(e) The governor, Wyoming business council or state loan and investment board is authorized to employ such experts as necessary to fully evaluate an application and negotiate the terms and conditions of a contract under this act. If experts are retained, the cost for the experts shall be paid by the applicant.
(f) The Wyoming business council may contract with such experts as necessary to assist in the performance of its obligations under any contract entered into, including assistance with feed stock purchases and the sale of value added products.
9-20-104. Wyoming mineral to value added product program account; purpose; creation; rulemaking.
(a) There is created a minerals to value added products program account. Funds in the account shall be used exclusively to promote minerals to value added products facilities as provided in this act.
(b) Funds appropriated by the legislature for the program shall be deposited into the account. All funds in the account are continuously appropriated for contracts and other expenses authorized under this act. The total principal balance of outstanding contracts shall not exceed the amounts appropriated by the legislature plus revenues accrued and collected less any losses, currently available in the account.
(c) Any unexpended balance in the account shall be invested by the state treasurer and the interest earned shall be credited to the account.
(d) Revenues generated from any contract entered into under this act shall be deposited into the account and continuously appropriated to the Wyoming business council to be expended solely for the purpose of administering this act and contracts authorized hereunder, except as provided in subsection
(e) of this section.
(e) The Wyoming business council shall report by November 1 of each year to the joint appropriations committee and the joint minerals, business and economic development interim committee on the status and condition of the program and the account. The report required under this subsection, and all its contents, shall be a public record. In addition to factors listed in this subsection, the Wyoming business council's report shall include the account fund balance and anticipated potential expenditures, including contracts, under the program for the next three (3) fiscal years, respectively. The joint appropriations committee shall then determine whether to introduce legislation to appropriate a portion, or all, of the funds in the account for purposes other than the program. The report shall further include:
(i) A review of rules adopted by the Wyoming business council or state loan and investment board during the reporting period;
(ii) The portfolio of contracts entered into under the program;
(iii) A risk analysis of the portfolio;
(iv) Any other relevant information as determined by the state loan and investment board or the Wyoming business council.
(a) As used in this article:
(i) "Authority" means the Wyoming energy authority;
(ii) "Manufactured product" or "value-added manufactured product" means natural gas that undergoes substantial molecular transformation in Wyoming to produce a new product;
(iii) "Methane intensity" means the measure of methane emissions relative to the natural gas that is processed;
(iv) "Substantial molecular transformation" includes, without limitation:
(A) The thermal decomposition of natural gas into hydrogen and solid carbon, also known as methane pyrolysis or turquoise hydrogen production;
(B) The conversion of natural gas and nitrogen into anhydrous ammonia, also known as ammonia synthesis or blue or turquoise ammonia production;
(C) Any other process that transforms natural gas to produce hydrogen, ammonia or another valuable product that is chemically distinct from methane or from other gases that are part of the natural gas stream including carbon dioxide, nitrogen, hydrogen sulfide and helium.
(a) A board of county commissioners may nominate an area within its jurisdiction as an industrial sovereign zone. Two (2) or more counties may jointly nominate a contiguous or related area as a single sovereign zone. Each county shall adopt a formal resolution approving the nomination of an industrial sovereign zone under this subsection. Nominations under this section shall be made in the form required by the authority and shall include:
(i) A defined geographic boundary describing the nominated industrial sovereign zone;
(ii) Evidence of access to natural gas resources;
(iii) Information required by the authority to evaluate the suitability of the area for the production of value-added manufactured products under this article.
(b) The authority shall establish an industrial sovereign zone in an area nominated as an industrial sovereign zone under subsection (a) of this section if the authority determines there is an opportunity for the production and distribution of value-added manufactured products due to a reduced price paid for sales of natural gas in that area or other factors determined by the authority. The authority may modify the boundaries of an industrial sovereign zone by decreasing the size of the zone as determined necessary by the authority. The boundaries of an industrial sovereign zone shall not be enlarged unless each affected county formally consents to the enlargement of the zone outside of the boundaries defined in the nomination under subsection (a) of this section.
(c) For any industrial sovereign zone established under subsection (b) of this section, the following shall apply:
(i) Any person seeking to establish a facility for the production of a value-added manufactured product in the industrial sovereign zone:
(A) May apply to the authority for assistance in establishing the facility including, without limitation, identification and assistance in complying with state licensing applications or requirements;
(B) Shall be eligible for the expedited permit process as provided by W.S. 35-11-109(a)(xvi).
(ii) If a facility is established for the production of a value-added manufactured product in the zone, machinery sold or purchased for use in the facility shall be eligible for the tax exemptions under W.S. 39-15-105(a)(viii)(O)(V) and 39-16-105(a)(viii)(D)(V).
(a) The authority shall establish standards of certification for any value-added manufactured product that is produced in Wyoming to promote the special attributes of the manufactured product. The authority shall establish a certification for any manufactured product that certifies that the product is a gold standard Wyoming product if the producer of the manufactured product demonstrates that the product is produced with not more than two-tenths percent (0.2%) methane intensity.
(b) The use of any certification standards established under subsection (a) of this section by any producer of a manufactured product shall be on a voluntary basis. The authority may collect fees on an annual basis, not exceeding the cost of administering the certification program under subsection
(a) of this section, from producers participating in the voluntary certification program. Any fees collected under this subsection may be retained by the authority and shall only be expended to administer the certification program under subsection (a) of this section.
(c) The authority may suspend or revoke a certification granted under this section if the recipient of the certification fails to meet all of the requirements adopted by the authority.
(a) Every agency shall adopt, enforce and maintain a policy regarding the collection, access, security and use of data. The policy shall, at a minimum, comply with applicable federal and state law, adhere to standards set by the state chief information officer and include the following:
(i) An inventory and description of all data required of, collected or stored by an agency;
(ii) Authorization and authentication mechanisms for accessing the data;
(iii) Administrative, physical and logical security safeguards, including employee training and data encryption;
(iv) Privacy and security compliance standards;
(v) Processes for identification of and response to data security incidents, including breach notification and mitigation procedures;
(vi) In accordance with existing law, processes for the destruction and communication of data.
(b) As used in this section, "agency" means any office, department, board, commission, council, institution, separate operating agency or any other operating unit of the executive branch of state government. "Agency" shall not include the state legislature, judiciary, University of Wyoming or any community college in the state.
(c) The governor, after consultation with the chief information officer, may set a date for specific agencies to comply with subsection (a) of this section and may revise that date as necessary.
(a) As used in this article:
(i) "Deidentified data" means data that cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable natural person or personal digital identity or a device linked to a natural person or personal digital identity;
(ii) "Government entity" means the state and all its political subdivisions, agencies, instrumentalities and institutions and any local government entity. "Government entity" shall not include the judicial branch of government or any law enforcement agency in Wyoming;
(iii) "Identified or identifiable natural person" means a natural person who can be readily identified, directly or indirectly, by reference to an identifier such as a name, an identification number, specific geolocation data or an online identifier;
(iv) "Law enforcement agency" means a county, municipal, college or university police force, Wyoming highway patrol, the division of criminal investigation, the department of corrections, the game and fish department when acting within its law enforcement capacity or any state or local agency or political subdivision or part of an agency or political subdivision to the extent that the primary purpose of the agency or political subdivision, or part thereof, is the prevention or investigation of crime or the enforcement of penal, traffic, regulatory or criminal laws. "Law enforcement agency" shall not include the office of any city, county or district attorney or other division of the attorney general;
(v) "Personal data" means information that is linked or reasonably linkable to an identified or identifiable natural person or personal digital identity and does not include deidentified data;
(vi) "Personal digital identity" means as defined in W.S. 8-1-102(a)(xviii).
9-21-202. Limitations on personal data by government entities; conflict of laws.
(a) No government entity shall purchase, sell, trade or transfer personal data without the express written consent of the natural person whom the personal data references except as otherwise expressly provided by law and except that:
(i) A government entity may transfer personal data to another government entity provided that the other government entity complies with this article;
(ii) A government entity may transfer personal data to a nongovernment entity contracted by the government entity to provide or assist with government services provided by the government entity. Any contract for services with a nongovernment entity shall include requirements for the protection of personal data consistent with this article. Any personal data transferred pursuant to this paragraph shall be returned or destroyed by the nongovernment entity once the personal data is no longer necessary for the provision of the government service. No nongovernment entity shall maintain, sell, transfer, process or otherwise use the personal data in any manner except as necessary to provide the contracted service;
(iii) A government entity may petition the elected governing person or body with authority over the government entity for an exception to this subsection on a case by case basis. The elected governing person or body, in the elected governing person's or body's discretion, may publicly approve in writing an exception to this subsection not to exceed a term of two (2) years per petition; and
(iv) Nothing in this subsection shall be construed to prohibit the transfer of personal data that is transferrable pursuant to the Health Insurance Portability and Accountability Act or the Family Education Rights and Privacy Act.
(b) Any current or former Wyoming resident or the resident's legally authorized representative may request a copy of their personal data from any government entity maintaining it. The government entity may charge a fee for production of the requested personal data consistent with fees authorized to be charged under the Wyoming Public Records Act, W.S. 16-4-201 through 16-4-205.
(c) A current or former Wyoming resident or the resident's legally authorized representative who objects to the accuracy, completeness, pertinence, timeliness, relevance, retention, dissemination or denial of access to the resident's own personal data that is maintained by a government entity may, individually or through a duly authorized representative, file an objection with the government entity that maintains the data. The government entity maintaining the personal data shall, within sixty (60) days of the receipt of an objection:
(i) Verify the identity of the current or former Wyoming resident or the resident's legally authorized representative who filed the objection with the government entity;
(ii) Review the validity of the objection;
(iii) If the objection is found to be meritorious after review, alter the contents of, or the methods for holding, or the dissemination or use of the personal data, or delete or grant access to it;
(iv) If the objection is found to lack merit after review, provide the resident the opportunity to have a statement reflecting the resident's views maintained with the personal data in question;
(v) Notify the resident in writing of any decision regarding the resident's objection.
(d) To the extent that a provision of this article conflicts with another provision of state or federal law, the other provision shall control. Nothing in this article shall be construed to abrogate any disclosure of data or public records under the Wyoming Public Records Act, W.S. 16-4-201 through 16-4-205.
9-21-203. Personal data collection and retention by
government entities. Note: this section is effective as of 7/1/2027.
(a) In addition to the policies required under W.S. 9-21-101, if applicable, each government entity that collects or retains personal data shall adopt, enforce and maintain a policy regarding the collection, access, retention, security and use of personal data consistent with all applicable federal and state laws, including this article.
(b) No government entity shall collect or maintain more personal data than is reasonably necessary for the performance of the government entity's lawful functions. All personal data collected and maintained by government entities shall be necessary for a specific purpose identified in the adopted policies of the government entity.
(c) No government entity shall maintain personal data for longer than three (3) years without a written policy identifying the extended retention period and providing a reasonable justification for the extended retention period. Statutory retention requirements provided for in W.S. 9-2-405 through 9-2-413 constitute a reasonable justification.
(d) A government entity to which the Health Insurance Portability and Accountability Act or the Family Education Rights and Privacy Act applies that is compliant with a written data collection and retention policy that meets the requirements of the Health Insurance Portability and Accountability Act or the Family Education Rights and Privacy Act shall be deemed compliant with this section.
(a) As used in this chapter:
(i) "Article V application" means a joint resolution passed by the Wyoming legislature on the same subject or containing the same proposed amendment text as two-thirds (2/3) of the other states requiring the United States congress to call an article V convention;
(ii) "Article V convention" means a convention for proposing amendments as expressly provided in article V of the United States constitution;
(iii) "Delegate" or "alternate" means a legislator selected under W.S. 9-22-102(g) to represent the state of Wyoming at an article V convention;
(iv) "Legislative instructions" means instructions given by the state legislature to delegates and alternates before and during an article V convention;
(v) "Unauthorized amendment" means a proposed amendment that is outside the permitted subject matter contained in the article V application or contrary to legislative instructions.
9-22-102. Limitations of authority for delegates to an article V convention.
(a) No delegate shall have authority to vote to allow consideration of, or to approve, an unauthorized amendment for ratification to the United States constitution.
(b) Any delegate shall be directed to vote for procedures and rules mandating that the convention remain a convention of states where each state is represented by one (1) vote.
(c) Any vote made in violation of subsection (a) or (b) of this section shall be null and void, and the delegate making the vote shall be immediately recalled by an official or executive branch committee authorized by a resolution of the legislature and replaced by an alternate as provided in subsection (g) of this section.
(d) Each delegate or alternate shall be required to take the following oath or affirmation: "I do solemnly swear or affirm that to the best of my abilities I will, as a delegate or alternate to an article V convention, uphold the constitution and laws of the United States of America and Wyoming. I will not vote to allow consideration of or to approve any unauthorized amendment proposed for ratification to the United States constitution. I understand and accept any penalties that Wyoming law may impose on me for violating this oath."
(e) Any delegate who violates the oath contained in subsection (d) of this section shall be guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both. Additionally, any delegate who violates the oath contained in subsection (d) of this section shall be ineligible to serve as a delegate and any certification of the delegate shall be null and void.
(f) The secretary of state shall certify the selection of the delegates in writing to the article V convention and shall provide a copy of the certification to each delegate. No delegate shall have authority to vote or otherwise serve as a delegate at the article V convention without the certification.
(g) The secretary of state shall notify the president of the Wyoming senate and the speaker of the Wyoming house of representatives in writing of the need to assign delegates or alternates to the article V convention. The members of the senate shall elect three (3) members of the senate to serve as delegates, and the members of the house of representatives shall elect three (3) members of the house of representatives to serve as delegates. If a delegate becomes unable or ineligible to serve, the president of the senate or the speaker of the house shall assign an alternate for the delegate who has become unable or ineligible to serve. An alternate delegate assigned under this subsection shall immediately be entitled to represent Wyoming as a delegate in place of the delegate who has become unable or ineligible to serve, and the secretary of state shall immediately provide certification to the new delegate.
(h) The secretary of state shall notify the article V convention and any delegate involved of the revocation of that delegate's certification should the delegate violate his or her oath to act only within the limits of the authority granted by the state of Wyoming.
(j) The Wyoming attorney general shall enforce the provisions of this section. 9-23-101. Short title. This act is known and may be cited as the "Professional Architectural, Engineering and Land Surveying Services Procurement Act".
(a) As used in this act:
(i) "Agency" means any school district, state office, department, board, council, commission, separate operating agency, institution or other instrumentality or operating unit of the state excluding the University of Wyoming, community college districts, the Wyoming business council and the Wyoming department of transportation;
(ii) "Department" means the state construction department;
(iii) "Firm" means an individual, corporation, partnership, business trust, association, firm or any other legal entity permitted by law to practice in a specified profession;
(iv) "Principal representative" means the governing board of an agency or its designated representative, or if there is no governing board, the executive head of an agency;
(v) "Professional services" means:
(A) The practice of architecture pursuant to W.S. 33-4-101 through 33-4-117;
(B) The practice of professional engineering or professional land surveying pursuant to W.S. 33-29-201 through 33-29-801.
(vi) "Resident firm" means a firm that:
(A) Possesses a physical office within the state that is staffed by individuals with professional and technical expertise who are employed in the state; and
(B) Certifies in the firm's current statement of qualifications or application that if selected for the project the percentage of professional services specified in this subparagraph shall be performed by individuals or consultants employed in the state who will perform their labor or professional services provided under the contract within the boundaries of the state. The individuals who will perform the professional services shall possess the professional and technical qualifications necessary to perform the work required by the contract. The following percentages shall apply to this subparagraph:
(I) For any projects with negotiated fees for professional services in an amount equal to one million five hundred thousand dollars ($1,500,000.00) or less - fifty percent (50%) of the professional services provided under the firm's contract;
(II) For any projects with negotiated fees for professional services in an amount greater than one million five hundred thousand dollars ($1,500,000.00) but less than three million dollars ($3,000,000.00) - forty percent (40%) of the professional services provided under the firm's contract;
(III) For any projects with negotiated fees for professional services in an amount equal to three million dollars ($3,000,000.00) or more - thirty percent (30%) of the professional services provided under the firm's contract.
(vii) "Negotiated fee" means the fee specified in a written contract for professional services entered into in accordance with W.S. 9-23-106;
(viii) "State procurement website" means a website that the department designates to host information and notices related to procurement under this act;
(ix) "This act" means W.S. 9-23-101 through 9-23-107.
(a) The department shall:
(i) Develop and maintain approved lists of qualified architects, engineers and land surveyors for selection under this act; and
(ii) Develop and administer notification procedures for obtaining professional services under this act.
(a) Any firm desiring to provide professional services to an agency, shall submit to the department or the agency a detailed statement of qualifications and performance data, and any other information required by the department or the agency. Each firm shall submit the statement not less than every two (2) years. The department or the agency may request the firm to update its statement before submission in order to reflect changed conditions in the status of the firm.
(b) For any professional services fee estimated by the agency to exceed fifty thousand dollars ($50,000.00), the agency or the department shall give notice of the need for professional services in a newspaper of general circulation in the state at least once each week for two (2) consecutive weeks and on the state procurement website for not less than two (2) consecutive weeks prior to initiation of selection procedures in accordance with W.S. 9-23-105. All notifications under this subsection shall contain a general description of the proposed project, and shall indicate the procedures by which interested firms may apply for consideration for a contract to provide professional services for the proposed project.
(a) For each proposed project, the principal representative of the agency for which the project is proposed shall evaluate current statements of qualifications and performance data of firms on file with the department or the agency, together with any applications submitted by other qualified firms, and shall select in accordance with subsection
(f) of this section not less than three (3) firms considered qualified to perform the required professional services. The agency shall provide a complete description of the work to the firms selected. These firms shall submit an unpriced proposal to do the work.
(b) In addition to the requirements of subsection (a) of this section, for any professional services fee estimated by the agency to exceed fifty thousand dollars ($50,000.00) the principal representative shall interview not less than three (3) firms selected from those which have submitted proposals to do the work. The interview may include discussion of each firm's projections of project costs, qualifications, approaches to the project, ability to furnish required professional services, use of alternative methods for furnishing required professional services and an estimated fee based on the agency's description of the work. The agency shall keep a record of the interview. The estimated fee, if requested by the agency, may be used as a basis, along with the considerations and requirements of subsection (f) of this section for selection by the principal representative of the most qualified firm for contract negotiations. If unsatisfied with the results of such interviews, the principal representative may select not less than three (3) additional firms for interviews as provided by subsection (a) of this section.
(c) In addition to the requirements of subsection (a) of this section, for any professional services fee estimated by the agency to be fifty thousand dollars ($50,000.00) or less, the principal representative shall select three (3) firms from which a project specific submittal shall be requested. The information provided by the firm may include an estimated fee and preliminary scope of services based on the agency's description of the work. The estimated fee, if requested by the agency, may be used as a basis along with considerations and requirements of subsection (f) of this section for selection by the principal representative of the most qualified firm for contract negotiations.
(d) Nothing in this section prohibits a principal representative from determining that fewer than three (3) firms with current statements on file or which have submitted applications before selection are qualified to perform the required professional services. If a principal representative makes that determination, subsections (b) and (c) of this section apply with respect to the firms the principal representative considers qualified.
(e) The department, in conjunction with the agencies, shall adopt rules and regulations necessary to implement the selection process provided by this section.
(f) Every agency, the University of Wyoming, each community college district, the Wyoming business council and the Wyoming department of transportation shall base selection of a firm for professional services in accordance with the following:
(i) Except as provided in paragraph (ii) of this subsection and subsection (g) of this section, the agency, the University of Wyoming, each community college district, the Wyoming business council and the Wyoming department of transportation shall select firms that are resident firms as defined by this act. Consideration between firms shall be based upon:
(A) The ability of professional personnel;
(B) Past performance;
(C) Ability to meet time requirements;
(D) Location;
(E) Current and projected work loads;
(F) The volume of work previously awarded to the firm by the agency;
(G) The equitable distribution of contracts among the firms considered qualified.
(ii) Nonresident firms may be selected if no firms on file, together with any applications submitted for the project, are resident firms as defined by this act or if the resident firms are determined not qualified by the agency, the University of Wyoming, each community college district, the Wyoming business council or the Wyoming department of transportation. Consideration of qualified nonresident firms shall be based upon the considerations listed in subparagraphs (i)(A) through (G) of this subsection.
(iii) Repealed by Laws 2020, ch. 30, § 2.
(g) The provisions of this act requiring selection of resident firms shall not apply if:
(i) Any part of the proposed project is to be paid or has the potential to be paid with funds from the federal government or other nonstate source; and
(ii) The federal government or the other nonstate source has applicable requirements concerning residency preferences that are inconsistent with this act.
(h) Whenever an emergency arises requiring professional services, the principal representative of an agency, the University of Wyoming, the community college district, the Wyoming business council and the Wyoming department of transportation may waive any applicable requirement of W.S. 9-23-104 and this section if the requirement endangers the health, welfare or safety of the public.
(a) After completing the selection process, the principal representative shall negotiate a written contract with the selected firm as determined by W.S. 9-23-105 for the provision of services. The principal representative shall consider the estimated value, scope, complexity and professional nature of the services to be rendered when determining a reasonable compensation.
(b) If the principal representative is unable to negotiate a satisfactory contract with the selected firm at a price he determines fair and reasonable, negotiations with that firm shall be terminated. The principal representative shall then begin negotiations with the firm ranked second in order of preference pursuant to W.S. 9-23-105. If the principal representative fails to negotiate a contract with the second ranked firm, he shall terminate negotiations. The principal representative shall then begin negotiations with the firm ranked third in order of preference.
(c) If the principal representative is unable to negotiate a satisfactory contract with any of the selected firms, he shall:
(i) Select additional firms in order of their competence and qualifications and continue negotiations in accordance with this section and W.S. 9-23-105, until a contract is reached; or
(ii) Review the contract under negotiation to determine the possible cause for failure to achieve a negotiated contract.
(d) Each contract for professional services entered into by the principal representative shall contain a prohibition against gratuities, kickbacks and contingent fees. The person providing professional services shall certify that he has not in any way been involved in any gratuities, kickbacks or contingent fees in connection with his selection or ultimate performance of the contract.
(e) Each contract for professional services entered into by the principal representative shall contain a prohibition against payment based upon a percentage of the construction cost.
(f) This act shall not prohibit continuing contracts between any person providing professional services and any agency.
(g) If selection of a resident firm is required under this act, the contract for professional services entered into by an agency, the University of Wyoming, each community college district, the Wyoming business council or the Wyoming department of transportation shall contain a certification by the resident firm providing professional services that the firm will comply with W.S. 9-23-102(a)(vi)(B). This subsection shall not be construed to require a firm to comply with W.S. 9-23-102(a)(vi)(B) if the proposed project is exempt from residence firm selection by W.S. 9-23-105(g) or if selection of a resident firm is waived in accordance with W.S. 9-23-105(h).
9-23-107. Prohibited acts; civil penalty; initiation of action.
(a) No person, including any agency official or employee, shall:
(i) In any way be involved in any gratuities, kickbacks, or contingent fees in connection with the selection procedure set forth in this act;
(ii) If providing professional services, pay any fee, commission, gift or other consideration contingent upon the award of a contract for professional services pursuant to this act.
(b) Any person violating subsection (a) of this section or W.S. 9-23-106 is liable for a penalty not to exceed five thousand dollars ($5,000.00). The penalty may be recovered in a civil action and damages shall be assessed by the court.
(c) Any action pursuant to this section shall be initiated in Laramie county by the attorney general.
(a) As used in this chapter:
(i) "Cash equivalent" means an asset that is convertible to cash and approved for use in connection with online sports wagering. Approved cash equivalents include:
(A) Travelers checks;
(B) Foreign currency and coin;
(C) Certified checks, cashier's checks and money orders;
(D) Personal checks and drafts;
(E) Digital, crypto and virtual currencies;
(F) Online and mobile payment systems that support online money transfers;
(G) Credit cards and debit cards;
(H) Prepaid access instruments;
(J) Any other form of asset that is convertible to cash approved by commission rules.
(ii) "Commission" means the Wyoming gaming commission;
(iii) "Director" means the executive director of the commission;
(iv) "Fantasy sports contest" means a simulated game or contest with an entry fee that meets all of the following conditions:
(A) No fantasy sports contest team is composed entirely of individual contestants who are members of the same real world sports team;
(B) Each prize and award or the value of all prizes and awards offered to winning fantasy sports contest players is made known to the fantasy sports contest players in advance of the fantasy sports contest;
(C) Each winning outcome reflects the relative knowledge and skill of the fantasy sports contest players and is determined by the aggregated statistical results of the performance of multiple individual contestants who each fantasy sports contest player has selected to form that player's fantasy sports contest team. The individual performances of the individual contestants in the fantasy sports contest directly correspond with the actual performances of those contestants in a real world sporting event in which those individuals participated;
(D) A winning outcome is not based on the performance of a single real world sports team, any combination of real world sports teams or a single contestant in a real world sporting event, nor is it based on the score or point spread of one (1) or more real world sporting events;
(E) The fantasy sports contest does not constitute or involve a slot machine or a fixed, commercial electrical gaming device.
(v) "Fantasy sports contest player" means a person who engages in selecting individual contestants to comprise a team for a fantasy sports contest;
(vi) "Online sports wagering" means engaging in sports wagering conducted by a sports wagering operator through a sports wagering account over the internet by use of a computer, digital platform or mobile application on a mobile device, any of which uses communications technology to accept sports wagers or any system or method of electronic sports wagering approved by commission rules. "Online sports wagering" shall not include or be conducted from any physical location created by a sports wagering operator or vendor for a patron to physically visit to place a wager;
(vii) "Online sports wagering revenue" means the total of all wagers placed by patrons with an online sports wagering operator, excluding the actual dollar value of free wagers and promotional play provided, minus all payments to patrons and minus any applicable federal excise taxes. Payments to patrons include all payments of cash, cash equivalents, merchandise and any other thing of value;
(viii) "Patron" means a person who places an online sports wagering wager;
(ix) "Prohibited sports wager" means:
(A) A wager involving any sporting event or other event where the majority of contestants or athletes in the sporting event are under the age of eighteen (18) years;
(B) Any wagering category not authorized by law or commission rules adopted in compliance with law.
(x) "Qualified gaming entity" means a gaming entity that offers online sports wagering through computers, digital platforms or mobile applications in not less than three (3) jurisdictions in the United States pursuant to a state regulatory structure;
(xi) "Sporting event" means any professional sports event or athletic event, any Olympic or international sports event or athletic event, any amateur sports event or athletic event, any collegiate sports event or athletic event, electronic sports, or any portion thereof, including the individual performance statistics of contestants or athletes in sports events, athletic events or a combination of sports and athletic events, or any other event approved by commission rules;
(xii) "Sports wagering" means the business of accepting wagers from patrons on sporting events through online sports wagering. "Sports wagering" wagers include single game bets, teaser bets, parlays, over-under, moneyline, pools, exchange wagering, in-game wagering, in-play bets, proposition bets and straight bets. "Sports wagering" shall not include any of the following:
(A) Activities other than online sports wagering that are exempted from criminal penalties under W.S. 6-7-101 through 6-7-104;
(B) Activities outside of this chapter authorized or regulated by the commission;
(C) Lotteries authorized by law;
(D) Fantasy sports contests;
(E) Prohibited sports wagers.
(xiii) "Sports wagering account" means a financial record established by a sports wagering operator for an individual patron into which the patron may deposit and from which the patron may withdraw funds for sports wagering and other purchases, and into which the sports wagering operator may credit winnings or other amounts due to that patron or authorized by that patron. In compliance with any other applicable law, a sports wagering account may be established electronically through an approved mobile application or digital platform;
(xiv) "Sports wagering operator" means any qualified gaming entity authorized by the commission to accept online sports wagers;
(xv) "Sports wagering vendor" means a vendor that provides services to a sports wagering operator that the sports wagering operator uses to accept online sports wagers, including geolocation services, know your customer services, payment processors, server host providers, integrity monitoring services, cyber security services and data providers;
(xvi) "Critical component" means any part or component of a mobile application or digital platform that:
(A) Records, stores, processes, shares, transmits or receives sensitive information, including validation numbers and personal identification numbers; or
(B) Stores the results or the current status of a patron's wager with an online sports wagering operator.
(xvii) "Key personnel" means any person employed in an executive or supervisory capacity by a license holder, permit holder or applicant and who is authorized to make discretionary decisions that exhibit influence or control over gaming operations.
(a) The commission shall regulate online sports wagering and sports wagering operators and vendors.
(b) The commission shall promulgate rules to implement this chapter. The rules the commission promulgates shall establish standards and procedures for online sports wagering and associated sports wagering systems. The rules shall include:
(i) Governance of the conduct of online sports wagering and the system of wagering associated with online sports wagering, including all of the following:
(A) Terms and conditions for online sports wagering that are compliant with all applicable federal laws;
(B) Identification of the sporting events upon which online sports wagers may be accepted and methods of play;
(C) The manner in which online sports wagers are received and payoffs are remitted;
(D) Procedures for managing and resolving suspected cheating, sports wagering irregularities and complaints;
(E) A requirement that for a patron to make a lawful wager the patron must be physically present in the state when making the wager unless otherwise authorized by the commission;
(F) A requirement for each sports wagering operator to use a geolocation system to ensure that a patron making an online sports wager is physically present in the state when making the wager unless otherwise authorized by the commission;
(G) Internal controls for all aspects of online sports wagering, including procedures for system integrity, system security, operations and accounting;
(H) Operational controls for online gaming accounts;
(J) Procedures to ensure that sports wagering operators do not offer prohibited sports wagers.
(ii) Establishing the method for calculating online sports wagering revenue and standards for the counting and recording of cash and cash equivalents received in the conduct of online sports wagering, to include methods for ensuring that internal controls are followed, financial records are maintained and audits are conducted;
(iii) Reasonable minimum qualifications for sports wagering operators;
(iv) Any other matters necessary for overseeing online sports wagering and sports wagering operators and vendors.
(c) In promulgating rules pursuant to this section, the commission shall examine the regulations implemented in other states where online sports wagering is conducted and shall, as far as practicable, adopt a similar regulatory framework to maximize revenue generated for the state.
(a) A sports wagering operator shall possess a permit issued by the commission to accept online sports wagers. No person shall accept online sports wagers without holding a valid permit issued by the commission.
(b) A qualified gaming entity applying for a sports wagering operator permit shall do so on a uniform application furnished by the commission. The fee for both an initial application and renewal application shall be two thousand five hundred dollars ($2,500.00). The application shall require an applicant, at a minimum, to provide:
(i) The full name, current address and contact information of the applicant;
(ii) Disclosure of each person who has control of the applicant as described in subsection (g) of this section;
(iii) The applicant's fingerprints and the fingerprints of individuals identified in subsection (g) of this section considered to have control of an applicant or permit holder;
(iv) Allowance for the commission to obtain fingerprints and to conduct a national criminal history record check of the applicant, each individual disclosed under subsection (g) of this section and each person required to be licensed under subsections (p) and (q) of this section in accordance with procedures established by the commission. This subsection shall not require an applicant or individual who has submitted to a criminal background check in this or any other state within the twelve (12) months before submitting the application to resubmit to another criminal background check provided that the applicant or individual submits the results of the previous criminal background check and affirms that there has been no material change in the criminal history since the time of the criminal background check. The cost of the criminal history record background check shall be paid using a portion of the applicant's application fee;
(v) Other information and permissions as requested by the commission;
(vi) For the applicant and each person disclosed under subsection (g) of this section, a record of previous issuances and denials of any gambling related license or application under Wyoming statutes or in any other jurisdiction in the United States;
(vii) Any additional information required by commission rules.
(c) The commission shall charge a permit fee of one hundred thousand dollars ($100,000.00) for an initial sports wagering operator permit. An initial permit and any renewal permit shall each be valid for five (5) years. The commission shall charge a fee of fifty thousand dollars ($50,000.00) for a sports wagering operator permit renewal.
(d) A sports wagering vendor shall possess a permit issued by the commission to conduct business in the state. No person shall provide vendor services to a sports wagering operator without holding a valid permit issued by the commission.
(e) The commission shall charge a fee of ten thousand dollars ($10,000.00) for an initial sports wagering vendor permit. An initial permit and any renewal permit shall each be valid for five (5) years. The commission shall charge a fee of five thousand dollars ($5,000.00) for a sports wagering vendor permit renewal.
(f) Sports wagering operator fees, sports wagering vendor permit fees and license fees charged pursuant to subsections (c), (e), (p) and (q) of this section shall be deposited in the sports wagering account, which is hereby created. Subject to legislative appropriation, amounts within the account may be used by the commission for all expenses incurred in administering this chapter. On a quarterly basis, the commission shall transfer amounts within the account in excess of five hundred thousand dollars ($500,000.00) to the state treasurer for credit to the general fund.
(g) The following persons are considered to have control of a sports wagering operator permit applicant or permit holder:
(i) Each holding company, parent company or subsidiary company of the applicant or permit holder;
(ii) Each person, except for a bank or other licensed lending institution that holds a mortgage or other lien acquired in the ordinary course of business, who owns fifteen percent (15%) or more of a corporate applicant or permit holder and has the ability to:
(A) Control the activities of the corporate applicant or permit holder; or
(B) Elect a majority of the board of directors of that corporate applicant or permit holder.
(iii) Each person associated with a noncorporate applicant or permit holder who directly or indirectly holds a beneficial or proprietary interest in the noncorporate applicant's or permit holder's business operations or who the commission otherwise determines has the ability to control the noncorporate applicant or permit holder;
(iv) Key personnel of an applicant or permit holder, including any executive, employee or agent having the power to exercise ultimate decision making authority over the applicant's or permit holder's sports wagering operations in this state.
(h) The commission shall, not more than ninety (90) days after the date of receipt of an application for a permit or license or application for renewal of a permit or license under this section, either:
(i) Issue the permit or license; or
(ii) Deny the application based on the grounds that the applicant failed to qualify as provided by subsection (j) of this section.
(j) The commission shall deny an application under this article upon finding any of the following:
(i) The applicant or permit holder has been convicted of, forfeited bail on or pleaded guilty to:
(A) A crime involving theft, dishonesty or fraud;
(B) Bribery or unlawfully influencing a public official;
(C) A felony crime involving physical harm to a person; or
(D) Any other crime identified by rule of the commission that negatively impacts the applicant's credibility or the security, integrity or fairness of online sports wagering.
(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, license holder or permit holder failed or refused to cooperate in the investigation of a crime related to gambling, corruption of a public official or any organized criminal activity;
(iv) The applicant, license holder or permit holder has intentionally not disclosed the existence or identity of other persons who have control of the applicant or permit holder as required by this section;
(v) The applicant, license holder or permit holder has had a permit or license revoked by any government authority responsible for the regulation of sports wagering;
(vi) The applicant, license holder or permit holder has not demonstrated financial responsibility sufficient to adequately meet the requirements of this chapter, as specified by rule of the commission; or
(vii) The applicant, license holder or permit holder has not met the requirements of this section, any other provision of this chapter, commission rules or any applicable federal laws.
(k) Given a sufficient number of applicants, at any one (1) time the commission shall issue not less than five (5) sports wagering operator permits to applicants that satisfy the requirements under this chapter. If an insufficient number of applicants apply for a sports wagering operator permit, this provision shall not be interpreted to direct the commission to issue a permit to an unqualified applicant.
(m) The commission shall issue a permit to a sports wagering vendor that is currently operating in good standing in a similar role in at least three (3) jurisdictions in the United States under a state regulatory structure and that has paid all required fees under subsection (e) of this section.
(n) Permit holders and license holders under this article shall have an ongoing obligation 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 or any other jurisdiction;
(iii) Any civil action brought against the permit holder or license holder; and
(iv) Any other information specified by rule of the commission.
(o) If the commission denies an application or intends to revoke or suspend a permit or license 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, within not more than thirty (30) days, any additional documentation relating to the grounds for denial, revocation or suspension. Upon receiving any additional documentation, the commission shall reconsider its decision and inform the applicant of its decision within not more than twenty (20) days of the submission of information for reconsideration. A denial of an application or a revocation or suspension of a permit or license under this article shall be subject to the contested case procedures of the Wyoming Administrative Procedure Act.
(p) Key personnel of an applicant, license holder or permit holder who may exercise ultimate decision making authority over the applicant's, permit holder's or license holder's online sports wagering operations in this state shall be licensed by the commission. The commission shall charge a fee of two hundred fifty dollars ($250.00) for an initial license and renewal application under this subsection. An initial license and any renewal license issued under this subsection shall each be valid for five (5) years.
(q) Any employee of an applicant, license holder or permit holder who is not subject to licensure under subsection (p) of this section and who is authorized to change and is capable of changing play or outcome of wagers through the deployment of code to production for any critical component of the applicant's, permit holder's or license holder's mobile application or digital platform in this state shall be licensed by the commission. The commission shall charge a fee of two hundred fifty dollars ($250.00) for an initial license and renewal application under this subsection. An initial license and any renewal license issued under this subsection shall each be valid for five (5) years.
(a) Not later than the fifteenth day of each month, in accordance with commission rules, a sports wagering operator shall remit ten percent (10%) of online sports wagering revenue from the prior month to the commission, except as provided in subsection (b) of this section. Each fiscal year, the first three hundred thousand dollars ($300,000.00) of revenue generated under this section is continuously appropriated to the department of health to be distributed to the counties for the purpose of funding county health programs to prevent and treat problematic gambling behavior and the remainder of monies remitted to the commission shall be deposited by the state treasurer into the general fund.
(b) If the amount of online sports wagering revenue for any month is a negative figure, the sports wagering operator shall not remit a sports wagering payment under subsection (a) of this section for that month. The sports wagering operator may carry over and calculate the online sports wagering loss for that month in accordance with the following:
(i) The loss for that month may be carried over and calculated as a deduction against online sports wagering revenue for the immediately succeeding month, provided that no operator shall carry over more than the total amount of loss for that month;
(ii) The loss for that month may be carried over and deducted until the negative figure has been brought to a balance of zero dollars ($0.00);
(iii) After the negative figure is brought to a balance of zero dollars ($0.00) or after the immediately succeeding month, whichever is earlier, no amount of that month's loss shall be carried over or deducted under this subsection.