|
H.B. No. 0077 |
Wyoming lottery. |
Sponsored By: Representative(s) Zwonitzer, Dv., Blake, Byrd, Madden, Petroff, Throne, Wallis and Zwonitzer, Dn. and Senator(s) Emerich and Von Flatern
AN ACT relating to lotteries; creating the Wyoming lottery corporation; providing for membership of the board; providing legislative declarations; providing definitions; providing powers and duties; providing for rules and regulations; providing for use of proceeds; providing limitations on retailers; providing for criminal offenses and penalties; providing for background checks; excluding authorized lottery games from definition of gambling; excluding purchase of lottery tickets from sales and use tax; and providing for an effective date.
12/28/2012 Bill Number Assigned
1/8/2013 H Received for Introduction
1/15/2013 H Introduced and Referred to H07
1/30/2013 H07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Blikre, Byrd, Greene, Paxton, Petroff and Zwonitzer, Dn.
Nays: Representative(s) Berger, Gay and Kirkbride
Ayes 6 Nays 3 Excused 0 Absent 0 Conflicts 0
1/30/2013 H Placed on General File
HB0077HS001/ADOPTED
Page 7-line 24 After "treasurer" insert "." and delete balance of the line.
Page 8-line 1 Delete line through "corporation.".
Page 18-line 22 Delete "state auditor" insert "department of audit".
Page 22-line 3 Delete "general fund of the" insert "treasurer's office".
Page 22-line 4 Delete "state treasury".
Page 22-line 8 Delete "state treasury" insert "account".
Page 22-line 11 After "paid" insert "by the treasurer".
Page 23-lines 8 through 19 Delete entirely and insert:
"(c) No general fund monies shall be used to fund any liability or deficiency in the lottery account under this section. No general fund monies shall be used for any program or project started specifically from lottery proceeds unless specifically appropriated by the legislature.".
Page 30-line 20 Delete "; gifts or".
Page 30-line 21 Delete "gratuities".
Page 36-lines 4 through 7 Delete entirely.
Page 36-line 9 Delete "(c)" insert "(b)".
Page 36-line 15 Delete "(d)" insert "(c)".
Page 41-line 11 Delete "paid from" insert "used by"; delete "to the" insert "to develop, in consultation with the".
Page 41-line 12 After "health" insert "programs".
Page 44-line 7 Delete "9‑16‑121" insert "9‑17‑121".
Page 45-line 1 Delete "9‑16‑122" insert "9‑17‑122".
Page 45-line 18 Delete "9‑16‑123" insert "9‑17‑123".
Page 51-line 8 Delete "state auditor" insert "department of audit".
Page 52-line 9 Delete "auditing".
Page 52-line 11 Delete "state auditor" insert "department of audit".
Page 52-line 16 Delete "state auditor" insert "department of audit".
Page 52-line 17 After "governor," insert "the department of audit,".
Page 52-line 20 Delete "state auditor" insert "department of audit".
Page 54-line 22 After "(c)(i)." insert "Fingerprint card submissions under this paragraph shall be forwarded through the division of criminal investigation and the division of criminal investigation shall be responsible for receiving and screening the results of any record check to determine an applicant's suitability for employment or licensing under the provisions specified in this paragraph.".
Page 55-line 11 Delete "9‑16‑101 through 9‑16‑128" insert "9‑17‑101 through 9‑17‑128".
Page 55-line 24 Delete "9‑16‑101 through 9‑16‑128" insert "9‑17‑101 through 9‑17‑128". BERGER, CHAIRMAN
HB0077HW001/ADOPTED (CORRECTED COPY)
Page 1-line 7 After "checks;" insert "excluding authorized lottery games from definition of gambling; excluding purchase of lottery tickets from sales and use tax;".
Page 4-line 6 Delete "including, but".
Page 4-line 7 Delete "not" insert "specifically"; delete "but" insert "and".
Page 4-line 8 Delete "or" insert ",".
Page 4-line 9 After "terminals" insert "or any other electronic game involving direct physical contact between the player and a machine".
Page 13-line 11 Delete "article" insert "chapter".
Page 39-lines 18 through 21 Delete entirely.
Page 39-line 22 Delete the line through "game.". ZWONITZER, DV, MADDEN
HB0077HW002/WITHDRAWN
1/31/2013 H Passed CoW
HB0077H2001/ADOPTED
Page 15-line 18 Delete "including, but not" insert "specifically"; after "to" delete ",".
Page 15-line 19 Delete "but" insert "and".
Page 15-line 20 Delete "or" insert ","; after "lottery" insert "terminals or any other electronic game involving direct physical contact between the player and a machine". MADDEN
2/1/2013 H Passed 2nd Reading
HB0077H3001/WITHDRAWN
HB0077H3002/FAILED
Page 4-After line 2 Insert and renumber:
"(vi) "Gross proceeds" means all revenue derived from the sale of lottery tickets or share and all other monies derived from the lottery;".
Page 5-line 3 After "expenses" insert ", amounts reserved for prizes under W.S. 9‑17‑111(a), the thirty percent (30%) of gross revenues paid to the permanent Wyoming mineral trust fund pursuant to W.S. 9-17-111(b) and unclaimed prize monies set aside pursuant to W.S. 9‑17‑119(g)".
Page 5-line 10 Delete "to the state" insert "of thirty percent (30%) of gross proceeds to the permanent Wyoming mineral trust fund".
Page 21-line 17 Delete "forty-five" insert "forty percent (40%) of gross".
Page 21-line 18 Delete the line through "net".
Page 22-lines 2 through 24 Delete entirely, including the standing committee amendment (HB0077HS001/A) to these lines, and insert:
"(b) On or before the fifteenth day of each quarter, the corporation shall transfer to the treasurer's office, for credit to the permanent Wyoming mineral trust fund, thirty percent (30%) of gross proceeds from the sale of lottery tickets or shares, plus the amount of all net proceeds during the preceding quarter. Upon their deposit into the permanent Wyoming mineral trust fund all monies become the unencumbered property of the state of Wyoming and the corporation shall have no power to agree or undertake otherwise.".
Page 23-lines 1 through 6 Delete entirely.
Page 23-lines 8 through 19 Delete entirely, including the standing committee amendment (HB0077HS001/A) to these lines and insert:
"(c) No state funds shall be used to fund any liability or deficiency of the Wyoming lottery corporation. No state funds shall be used for any program or project started specifically from lottery proceeds unless specifically appropriated by the legislature.".
Page 41-lines 8 through 16 Delete entirely, including the standing committee amendment (HB0077HS001/A) to these lines, and insert:
"(g) Unclaimed prize money shall not constitute gross proceeds for purposes of W.S. 9‑17‑111(b) but shall be added to the pool from which future prizes are to be awarded or used for special prize promotions. A portion of unclaimed prize money, not to exceed two hundred thousand dollars ($200,000.00) annually, shall be used by the corporation to develop, in consultation with the department of health, programs for the treatment of compulsive gambling disorder and educational programs related to such disorder.".
Page 51-line 8 Before "and" insert ", the joint appropriations interim committee".
Page 51-line 11 After "expenses" insert ", including detailed information on salaries, advertising costs and specific operating and administrative expense categories,". NICHOLAS, B
2/4/2013 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blikre, Brown, Byrd, Campbell, Cannady, Coleman, Connolly, Esquibel, K., Filer, Freeman, Goggles, Greear, Greene, Hunt, Krone, Lockhart, Lubnau, Madden, Moniz, Nicholas, B., Patton, Paxton, Petroff, Throne, Walters, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Blevins, Burkhart, Davison, Eklund, Gay, Gingery, Halverson, Harshman, Harvey, Hutchings, Jaggi, Kasperik, Kirkbride, Kroeker, Larsen, Loucks, McKim, Miller, Northrup, Piiparinen, Reeder, Semlek, Sommers, Stubson, Teeters, Watt, Wilson and Winters
Excused: Representative(s) Wallis
Ayes 31 Nays 28 Excused 1 Absent 0 Conflicts 0
2/5/2013 S Received for Introduction
2/5/2013 S Introduced and Referred to S06
2/12/2013 S06 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Craft and Driskill
Nays: Senator(s) Barnard and Christensen
Ayes 3 Nays 2 Excused 0 Absent 0 Conflicts 0
2/12/2013 S Placed on General File
HB0077SW001/ADOPTED (TO ENGROSSED COPY)
Page 6-after line 3 Insert and renumber:
"(xiv) "Vendor" or "retailer" means any person authorized to supply lottery goods or services under this act.".
Page 44-line 20 After "ticket" insert "is guilty of a felony and".
Page 45-line 4 After "materials" insert "is guilty of a felony and". BURNS
HB0077SW002/FAILED (TO ENGROSSED COPY)
Page 22-line 15 After "to" delete balance of line and insert "the common school account within the permanent land fund".
Page 22-lines 16 through 23 Delete.
Page 23-lines 1 through 11 Delete. NICHOLAS
2/20/2013 S Passed CoW
HB0077S2001/ADOPTED (TO ENGROSSED COPY)
Page 37-line 2 Delete "or executions" insert ", executions or past-due child support". ESQUIBEL
HB0077S2002/ADOPTED (TO ENGROSSED COPY)
Page 6-lines 10 through 13 Delete and insert:
"(a) There is created the Wyoming lottery corporation which is a body politic and corporate operating as an instrumentality of the state of Wyoming, with authority to adopt an official seal and to sue and be sued. Notwithstanding any other provision of law, the state is not liable for any liability or deficiency of the Wyoming lottery corporation or any debt incurred by the corporation. The sole recourse of any party contracting with the corporation shall be against the corporation and there shall be no cause of action against the state, or any county, municipality or other political subdivision of the state.". BURNS
HB0077S2003/ADOPTED (TO ENGROSSED COPY)
Page 23-line 13 After "monies" insert "or any other state funds or monies in any form".
Page 23-line 15 After "monies" insert "or any other state funds or monies in any form".
Page 49-line 8 After "fund" insert "and other state funds".
Page 49-line 19 After "fund" insert "or any other state funds or monies in any form". BEBOUT
HB0077S2004/ADOPTED (TO ENGROSSED COPY)
Page 6-lines 10 through 13 In the Burns Second Reading Amendment (HB0077S2002/AE) to these lines in subsection (a) created by that amendment after "debt incurred by the corporation" insert "and the full faith and credit of the state of Wyoming shall not be pledged to any debt of the corporation". BEBOUT
HB0077S2005/WITHDRAWN
HB0077S2006/ADOPTED (TO ENGROSSED COPY)
Page 3-line 14 Delete "such" insert "the".
Page 6-line 24 Delete "such" insert "the".
Page 7-line 2 Delete "such" insert "the".
Page 8-line 4 After "treasurer." delete "Such" insert "The"; after "for" delete "such".
Page 8-line 13 Delete "such" insert "any".
Page 10-line 2 Delete "such".
Page 10-line 12 Delete "such" insert "the".
Page 11-line 13 Delete "such" insert "any".
Page 12-line 11 Delete "such".
Page 14-line 5 Delete "such" insert "the"; delete "as".
Page 14-line 21 Delete "such".
Page 15-line 3 Delete "any such" insert "these".
Page 15-line 9 Delete "no such powers" insert "do not".
Page 17-line 4 Delete "such" insert "the".
Page 18-line 11 Delete "such".
Page 18-line 14 Delete "such".
Page 21-line 4 Delete "such" insert "the".
Page 21-line 6 Delete "such" insert "the".
Page 21-line 14 Delete "such".
Page 22-line 14 Delete "Such" insert "These".
Page 24-line 4 Delete "such" insert "the".
Page 24-line 13 Delete "such" insert "the".
Page 24-line 17 Delete "such" insert "the".
Page 25-line 10 Delete "such".
Page 25-line 16 Delete "such".
Page 25-line 23 Delete "such".
Page 26-line 19 Delete "Such".
Page 27-line 9 Delete "such" insert "the".
Page 27-line 10 Delete "such" insert "the".
Page 28-line 2 Delete "such" insert "the".
Page 28-line 16 Delete "any such" insert "the".
Page 29-line 22 Delete "Such" insert "The".
Page 32-line 4 Delete "such"; delete "as" insert "including".
Page 33-line 5 Delete "such" insert "the".
Page 33-line 15 Delete "such" insert "the".
Page 33-line 23 Delete "such" insert "the".
Page 36-line 15 Delete "such" insert "that".
Page 37-line 10 Delete "such" insert "the".
Page 37-line 23 Delete "such".
Page 38-line 20 Delete "such" insert "any".
Page 39-line 4 Delete "such" insert "the".
Page 39-line 18 Delete "Any such" insert "The".
Page 40-line 6 Delete "such person" insert "member of the board of directors, officer or employee of the corporation".
Page 40-line 11 Delete "such person" insert "officer, employee, agent or subcontractor of any vendor"; after "if" delete "such" insert "the".
Page 41-line 2 Delete "such" insert "the".
Page 41-line 16 Delete "Such" insert "Confidential".
Page 42-line 10 Delete "such" insert "the".
Page 42-line 12 Delete "such" insert "the".
Page 42-line 20 Delete "such" insert "the".
Page 42-line 21 Delete "such" insert "the".
Page 49-line 11 Delete "such".
Page 50-line 3 Delete "such"; delete "are"; delete "for" insert "to".
Page 50-line 4 Delete "effectuating" insert "effectuate".
Page 50-line 5 Delete "such as" insert "including".
Page 52-line 15 Delete "such". SCOTT
HB0077S2007/FAILED (TO ENGROSSED COPY)
Page 22-line 3 After "lotteries." insert "As nearly as practical, five percent (5%) of the net proceeds from the sale of lottery tickets or shares shall be made available for programs for the treatment of compulsive gambling disorder and educational programs related to the disorder.".
Page 40-line 21 After "proceeds." delete balance of line.
Page 40-lines 22 through 24 Delete.
Page 41-line 1 Delete.
Page 41-line 2 Delete through "disorder.". PERKINS
HB0077S2008/FAILED (TO ENGROSSED COPY)
Page 40-line 21 After "proceeds." delete balance of line and insert "Fifty percent (50%) of unclaimed prize money shall be transferred by the corporation to the department of family services to be used exclusively to contract for youth leadership and character development and youth diversion programs targeted at delinquency and gang prevention.".
Page 40-lines 22 through 24 Delete.
Page 41-line 1 Delete.
Page 41-line 2 Delete through "addition," insert "The remaining fifty percent (50%) of". PERKINS
HB0077S2009.01/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
[DIVIDED AMENDMENT]
Page 13-line 2 Delete "with the".
Page 13-line 3 Delete line through "state or". MEIER
HB0077S2009.02/FAILED (TO ENGROSSED COPY)
[DIVIDED AMENDMENT]
Page 13-line 4 After "or" insert "nongovernmental".
Page 29-line 18 Delete "; and" insert ".".
Page 29-lines 20 through 24 Delete and renumber including the Scott Second Reading Amendment (HB0077S2006/AE) to line 22.
Page 30-lines 1 and 2 Delete.
Page 35-lines 1 and 2 Delete and renumber.
Page 47-line 15 Delete "or may utilize" insert ".".
Page 47-lines 16 and 17 Delete.
Page 48-line 13 Delete "substantial". MEIER
2/21/2013 S Passed 2nd Reading
HB0077S3001/FAILED (TO ENGROSSED COPY)
Page 1-line 10 After "tax;" insert "requiring a report;".
Page 41-line 2 After "disorder." insert "The department of health shall use all information gathered through treatment or education programs, or information otherwise reasonably available, to conduct a baseline study of the health and social impacts of allowing a lottery to operate in Wyoming. The study shall include the impacts of the lottery on gambling addiction, criminal behavior, mortgage defaults, failures to pay rent, failures to provide nutrition to dependent children and shall identify any other detrimental impacts. The study also shall include an estimate of the costs of any identified detriments to the state. The department shall report study findings to the joint travel, recreation, wildlife and cultural resources interim committee annually on or before August 1 of each year until August 1, 2018 and every five (5) years thereafter.". NUTTING
HB0077S3002/WITHDRAWN
HB0077S3003/ADOPTED (TO ENGROSSED COPY)
Page 22-line 9 Delete "paid" insert "earned". EMERICH
HB0077S3004/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 1-line 10 After "tax;" insert "providing a sunset date;".
Page 1-line 14 Delete "9‑17‑128" insert "9‑17‑129".
Page 53-after line 3 Insert:
"9‑17‑129. Sunset.
W.S. 9‑17‑101 through 9‑17‑128 are repealed effective July 1, 2021.". BEBOUT
HB0077S3005/ADOPTED (TO ENGROSSED COPY)
Delete the Von Flatern Third Reading Amendment (HB0077S3002/AE) entirely and further amend as follows:
Page 22-line 15 After "to" delete balance of line and insert "the common school account within the permanent land fund.".
Page 22-lines 16 through 23 Delete.
Page 23-lines 1 through 11 Delete. NICHOLAS
HB0077S3006/WITHDRAWN
2/22/2013 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, JL S28, Bebout, Burns, Coe, Craft, Driskill, Emerich, Esquibel, F., Hastert, Hines, Johnson, Landen, Nicholas, P., Ross, Rothfuss, Schiffer, Scott and Von Flatern
Nays: Senator(s) Barnard, Case, Cooper, Dockstader, Geis, Hicks, Meier, Nutting, Perkins and Peterson
Excused: Senator(s) Anderson, JD S02 and Christensen
Ayes 18 Nays 10 Excused 2 Absent 0 Conflicts 0
2/22/2013 H Received for Concurrence
2/25/2013 H Did Not Concur
ROLL CALL
Ayes: Representative(s) Baker, Berger, Blake, Brown, Byrd, Cannady, Connolly, Esquibel, K., Filer, Goggles, Greene, Harshman, Hunt, Kasperik, Lockhart, Lubnau, Madden, Moniz, Nicholas, B., Petroff, Throne, Wallis, Walters, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Barlow, Blevins, Blikre, Burkhart, Campbell, Davison, Eklund, Freeman, Gay, Gingery, Greear, Halverson, Harvey, Hutchings, Jaggi, Kirkbride, Kroeker, Krone, Larsen, Loucks, McKim, Miller, Northrup, Patton, Paxton, Piiparinen, Reeder, Semlek, Sommers, Stubson, Teeters, Watt, Wilson and Winters
Excused: Representative(s) Coleman
Ayes 25 Nays 34 Excused 1 Absent 0 Conflicts 0
2/25/2013 H Appointed JCC01 Members:
Representative(s) Zwonitzer, Dv., Byrd, Stubson
2/25/2013 S Appointed JCC01 Members:
Senator(s) Von Flatern, Burns, Emerich
2/26/2013 H Adopted HB0077JC01
HB0077JC01/A ADOPTED (TO ENGROSSED COPY)
Adopt the following Senate amendments:
HB0077S2001/A
HB0077S2002/A
HB0077S2003/A
HB0077S2004/A
HB0077S2006/A
HB0077S2009.01/AC
HB0077S3003/A
HB0077SW001/A
Delete the following Senate amendments:
HB0077S3005/A
Further amend the ENGROSSED COPY as follows:
Page 22-line 14 After "otherwise." insert "Until June 30, 2019, the first six million dollars ($6,000,000.00) in each fiscal year of".
Page 22-line 23 Delete "as provided in W.S. 39‑15‑111(b)(iii)".
Page 23-After line 11 Insert:
"(c) Until June 30, 2019, after six million dollars ($6,000,000.00) is distributed in each fiscal year as provided in subsection (b) of this section, any remaining monies deposited to the lottery account which are attributable to that fiscal year shall be paid by the treasurer to common school account within the permanent land fund.".
Page 23-line 13 Delete "(c)" insert "(d)".
ZWONITZER, DV., BYRD, VON FLATERN, BURNS, EMERICH
ROLL CALL
Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Byrd, Campbell, Cannady, Coleman, Connolly, Esquibel, K., Filer, Freeman, Goggles, Greear, Greene, Hunt, Krone, Lockhart, Lubnau, Madden, Moniz, Nicholas, B., Patton, Paxton, Petroff, Throne, Wallis, Walters, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Burkhart, Davison, Eklund, Gay, Gingery, Halverson, Harshman, Harvey, Hutchings, Jaggi, Kasperik, Kirkbride, Kroeker, Larsen, Loucks, McKim, Northrup, Piiparinen, Reeder, Semlek, Sommers, Stubson, Teeters, Wilson and Winters
Excused: Representative(s) Miller and Watt
Ayes 33 Nays 25 Excused 2 Absent 0 Conflicts 0
2/26/2013 S Adopted HB0077JC01
HB0077JC01/AA ADOPTED (TO ENGROSSED COPY)
Adopt the following Senate amendments:
HB0077S2001/A
HB0077S2002/A
HB0077S2003/A
HB0077S2004/A
HB0077S2006/A
HB0077S2009.01/AC
HB0077S3003/A
HB0077SW001/A
Delete the following Senate amendments:
HB0077S3005/A
Further amend the ENGROSSED COPY as follows:
Page 22-line 14 After "otherwise." insert "Until June 30, 2019, the first six million dollars ($6,000,000.00) in each fiscal year of".
Page 22-line 23 Delete "as provided in W.S. 39‑15‑111(b)(iii)".
Page 23-After line 11 Insert:
"(c) Until June 30, 2019, after six million dollars ($6,000,000.00) is distributed in each fiscal year as provided in subsection (b) of this section, any remaining monies deposited to the lottery account which are attributable to that fiscal year shall be paid by the treasurer to common school account within the permanent land fund.".
Page 23-line 13 Delete "(c)" insert "(d)".
ZWONITZER, DV., BYRD, VON FLATERN, BURNS, EMERICH
ROLL CALL
Ayes: Senator(s) Anderson, JL S28, Barnard, Burns, Coe, Craft, Driskill, Emerich, Esquibel, F., Hastert, Hines, Johnson, Landen, Ross, Rothfuss, Schiffer, Scott and Von Flatern
Nays: Senator(s) Anderson, JD S02, Bebout, Case, Christensen, Cooper, Dockstader, Geis, Hicks, Meier, Nicholas, P., Nutting, Perkins and Peterson
Ayes 17 Nays 13 Excused 0 Absent 0 Conflicts 0
2/27/2013 Assigned Number HEA No. 0115
2/27/2013 H Speaker Signed HEA No. 0115
2/27/2013 S President Signed HEA No. 0115
3/13/2013 Governor Signed HEA No. 0115
3/13/2013 Assigned Chapter Number
Chapter No. 0200 Session Laws of Wyoming 2013