This regulation establishes Wyoming's general public health administration framework, including the Department of Health's powers over sanitation, disease control, quarantine, vital statistics, water quality, and public health nursing. It also governs the organization and operation of county, municipal, and district health departments. No specific behavioral health, substance use, IDD, ABA, or foster care facility types are licensed or operationally governed by these provisions.
View official sourceTITLE 35 - PUBLIC HEALTH AND SAFETY
CHAPTER 1 - ADMINISTRATION
ARTICLE 1 - IN GENERAL
35-1-101. Local contributions; disposition.
All monies paid to the state treasurer representing
contributions by city councils, county commissioners, trustees
of school districts, or other public agencies, for public health
purposes, shall be set up and designated on the books of the
state treasurer in a separate account, and shall be expended and
disbursed upon warrants drawn by the state auditor against said
account when the vouchers therefor have been approved by the
department of health.
35-1-102. Sanitation of public institutions.
It shall be the duty of the officers, managers, superintendents,
proprietors and lessees of all hospitals, asylums, infirmaries,
prisons, jails, schools, theaters, public places and public
institutions to remedy any and all defects relating to the
unsanitary condition of such institution, or institutions, as
may be under their control, when such defects shall have been
called to their attention in writing by the department of
health.
35-1-103. Neglect or failure of officials to perform duty.
Any member of the department of health, any county health
officer, or any officer, superintendent, or principal of any
city, town, county or institution named in this act, who shall
fail or neglect to perform any of the duties herein required of
them, shall be guilty of a misdemeanor and upon conviction
thereof shall be fined in the sum of not less than one hundred
dollars ($100.00) nor more than one thousand dollars
($1,000.00), or shall be confined in the county jail for a
period of not less than six (6) months, nor more than a year, or
both.
35-1-104. Applicability of provisions; exceptions.
This act shall not apply to publications, advertisements or
notices of the United States government, the state of Wyoming or
of any city in the state of Wyoming.
35-1-105. Prohibited acts; penalty for violations.
(a) No person, corporation or other organization nor
representative thereof shall:
(i) Willfully violate, disobey or disregard the
provisions of the public health laws of Wyoming or the terms of
any lawful notice, order, rule or regulation issued pursuant
thereto;
(ii) Repealed by Laws 1982, ch. 75, § 5.
(iii) Being a person charged by law or rule of the
department of health with the duty of reporting the existence of
disease or other facts and statistics relating to the public
health, fail to make or file such reports as required by law or
requirement of the department;
(iv) Conduct a business or activity for which the
department requires a certificate or permit without such a
certificate or permit;
(v) Willfully and falsely make or alter any
certificate or certified copy thereof issued pursuant to public
health laws of Wyoming;
(vi) Knowingly transport or accept for
transportation, interment or other disposition a dead human body
without an accompanying permit issued in accordance with the
public health laws of Wyoming or the rules of the department; or
(vii) Being the owner or occupant of private property
upon which there shall exist a nuisance, source of filth or
cause of sickness, willfully fail to remove the same at his own
expense within forty-eight (48) hours after being ordered to do
so by health authorities.
(b) Upon conviction of any of the offenses prohibited in
subsection (a) of this section, the violator shall be fined not
to exceed one hundred dollars ($100.00) or imprisonment not to
exceed six (6) months, or both, and shall be liable for all
expense incurred by health authorities in removing the nuisance,
source of filth or cause of sickness. No conviction under the
penalty provisions of this act or of any other public health
laws shall relieve any person from an action in damages for
injury resulting from violation of public health laws.
35-1-106. Penalty for violations.
Any person who shall violate any of the provisions of this act,
or any lawful rule or regulation made by the state department of
health pursuant to the authority herein granted, or who shall
fail or refuse to obey any lawful order issued by any state,
county or municipal health officer pursuant to the authority
granted in this act shall be deemed guilty of misdemeanor, and
shall be punished except as otherwise provided therein by a fine
of not more than one thousand dollars ($1,000.00), or by
imprisonment for not more than one (1) year or by both such fine
and imprisonment.
ARTICLE 2 - DEPARTMENT OF HEALTH
Division 1. Generally
35-1-201. Exceptions with reference to religion.
Except as provided in W.S. 35-4-113, with respect to all persons
who, either on behalf of themselves or their minor children or
wards, rely in good faith upon spiritual means or prayer in the
free exercise of religion to prevent or cure disease, nothing in
this act shall have the effect of requiring or giving any health
officer or other person the right to compel any such person,
minor child or ward, to go or be confined in a hospital, or
other medical institution unless no other place for quarantine
of such person, minor child, or ward can be secured, nor to
compel any such person, child, or ward to submit to any medical
treatment.
Division 2. Powers and Duties
35-1-220. Legal advisers; provisions as to enforcement.
The attorney general of Wyoming shall be legal adviser for the
department of health and shall defend it in all action and
proceedings brought against it. The district attorney for the
county in which a cause of action may arise, shall bring any
action requested by the department to abate a condition which
exists in violation of, or to restrain or enforce any action
which is in violation of, or to prosecute for the violation of,
or for the enforcement of, the public health laws of Wyoming.
If he fails to so act, the department may bring any such action
and shall be represented by the attorney general or by special
counsel.
35-1-221. Judicial review of decisions.
(a) Any person aggrieved and affected by a decision of the
department of health shall be entitled to judicial review
thereof, by filing in the district court of the Wyoming county
of his residence, within thirty (30) days after such decision,
an appropriate action requesting such review. The court may make
any interested person a party to the action. The review shall be
conducted by the court without a jury and shall be confined to
the department's record, if a complete record is so presented,
except that in cases of alleged irregularities in the record or
in the procedure before the department, testimony may be taken
in and by the court, which may affirm the department's decision
or may reserve or modify it if the substantial rights of the
appellant have been prejudiced as a result of the findings and
decisions of the department because:
(i) Contrary to or affecting constitutional rights or
privileges; or
(ii) In excess of statutory authority or jurisdiction
of the department, or resulting from other error or law; or
(iii) Made or promulgated upon unlawful procedure; or
(iv) Unsupported by substantial evidence in view of
the entire record as submitted; or
(v) Arbitrary or capricious.
(b) Any party may have a review of the final judgment or
decision of the district court by appeal to the supreme court of
Wyoming.
35-1-222. Sanitary information generally.
The department of health shall cause all proper sanitary
information in its possession to be promptly forwarded to the
county health officers, adding thereto such useful suggestions
as the experience of the department may supply, and it is also
hereby made the duty of said county health officers to supply
the like information and suggestions to the department of
health, and the department of health is authorized to require
reports and information at such times of such facts and of such
nature and extent relating to the safety of life and promotion
of health as its bylaws or rules may provide; from all public or
private dispensaries, hospitals, asylums, infirmaries, prisons,
schools, and from managers, principals, and officers thereof,
and from all other public institutions, their officers, managers
and from the proprietors, managers, lessees, and occupants of
all places of public resort in the state, but such reports and
information shall only be required concerning matters or
particulars in respect to which they may in their opinion need
information for the proper discharge of their duties. The
department shall, when requested by public authorities, or when
they may deem it best advise the officers of the state,
counties, cities, or towns or local governments in regard to
sanitary drainage and the location, drainage, ventilation and
sanitary provisions of any public institution, building or
public place.
35-1-223. Cooperation to prevent spread of contagious
diseases; report of epidemics or diseases required from local
health officials.
The department of health shall give all information that may be
reasonably requested concerning any threatened danger to the
public health, and the local health officers and all the state,
county, city and town officers in the state shall give the like
information to the state health officer, and the department and
said state, county, city and town officers, insofar as legal and
practicable, shall cooperate to prevent the spread of diseases,
and for the protection of life and the promotion of health
within the sphere of their respective duties. When in any
county, an epidemic or contagious or infectious disease
including venereal diseases, is known to exist, it shall be the
duty of the county health officer of such county to immediately
notify the state health officer of the existence of the same,
with such facts as to its cause and continuance as may then be
known.
35-1-224. Inspection of public buildings and grounds or
plans or description thereof.
It is hereby made the duty of all boards and agents having the
control, charge or custody of any public structure, work, ground
or erection, or of any plan, description, outlines, drawings
thereof, or relating thereto, made, kept or controlled by any
public authority, to promote and facilitate the examination and
inspection and the making of copies of the same by any officer
or person by the department of health authorized; and the
members of the department may, without fee or hindrance enter,
examine and survey all such grounds, erection, structures,
buildings and places.
35-1-225. Inspection of water supply; duties as to streets
and public structures generally.
The department of health is authorized and empowered to
investigate and ascertain as far as possible, in relation to the
pollution of streams and natural waters of this state by
artificial causes, or of all waterworks, and water systems
belonging to any city or town, sanitary district, corporation,
company or individual, in this state and supplying water for
public consumption, which in their judgment may be necessary to
determine the sanitary and economic effects of such pollution,
and to enter in and upon the grounds, buildings and premises,
waterworks, reservoirs, pipelines, pump houses and everything
connected with the collection and distribution of water to the
inhabitants of any city or town, to make, institute, and conduct
needful experiments pertaining thereto, and shall have power to
summon witnesses, administer oaths, and hear evidence relating
to such matters, and to make full report to the city, town or
sanitary district authorities and also to the proper officers of
any privately owned water utility when included in such
investigations, of their operations and investigations in
writing; and it shall be the duty of all such officers when
notified of any unsanitary conditions of streets, alleys,
sidewalks, waterworks, or other public ways, structures or
improvements under their control, to at once take steps to
repair, cleanse, abate or destroy the same.
35-1-226. Power of department in cities and towns.
It shall be the duty of the state department of health, upon
petition of at least twenty (20) taxpayers in any community, to
send a competent representative to any incorporated city or town
in this state for the purpose of inspecting and thoroughly
investigating the sanitary condition of such city or town and
the department shall have the power and it shall be the duty of
the department to condemn, in any such city or town, any
buildings, sewers, water connections, or other things, that in
their judgment are in such condition as is likely to produce or
cause the spread of epidemic diseases. And the department shall
give notice to the mayor and council of such city or town to
repair, remove, cleanse or remedy such defect or defects, within
ten (10) days, and if the same shall not be done within the time
specified in said notice, as directed by the department of
health, it shall be the duty of the department to have same
done; and the department is authorized to employ sufficient
labor and furnish all necessary materials for the performance of
such work, and it shall be the duty of the department, upon the
completion of such work, to issue certificates to the person or
persons performing such work and furnishing material therefor,
and to file a report of the expense incurred in the performance
of such work with the clerk of said city or town; and it shall
be the duty of the council of such city or town where such work
has been performed, to issue warrant or warrants to the proper
parties for the payment of all such expense. Said warrant or
warrants to be paid by the treasurer of such city or town as
other warrants are paid.
35-1-227. Supervision of county health officers.
The county health officers of this state shall be under the
direction and supervision of the state department of health, and
the state department of health shall have authority to make such
rules and regulations for the government and direction of said
county health officers as in their judgment may be best suited
to maintain the public health.
35-1-228. Repealed by Laws 1991, ch. 221, § 3.
35-1-229. Rules and regulations.
(a) The state department of health is hereby empowered and
directed to make such rules and regulations as shall in its
judgment be necessary for the carrying out of the provisions of
this act, including rules and regulations providing for the
control and treatment of persons isolated or quarantined under
the provisions of W.S. 35-4-133 and 35-4-134, and such other
rules and regulations not in conflict with provisions of this
act concerning the control of venereal diseases and concerning
the care, treatment and quarantine of persons infected therewith
as it may from time to time deem advisable. All such regulations
so made shall be of force and binding upon all county and
municipal health officers and other persons affected by this act
and shall have the force and effect of law; provided, further,
that the expense incident to the quarantine and treatment of
venereally infected persons in prisons shall be borne by the
county in which the person or persons are imprisoned, excepting
inmates of state institutions which shall be borne by the state,
when evidenced by proper vouchers and receipts approved by the
department of health.
(b) The department of health may promulgate rules and
regulations to set standards for the chemical, bacteriological,
physical or radiological content of a small water supply and
shall be applicable only when a legal interest in real property
to which the small water supply is appurtenant is conveyed from
one (1) party to another or when a conveyance is reasonably
anticipated and when such standards are required by a lender.
As used in this subsection, "small water supply" means any water
supply with not more than nine (9) service connections, which is
currently used for human consumption or for which plans exist
for its future use for human consumption. The cost of any
testing to determine the chemical, bacteriological, physical or
radiological content of a small water supply shall be borne by
the parties.
Division 3. Administration
35-1-240. Powers and duties.
(a) Subject to subsection (c) of this section, the
department of health, through the state health officer, or under
his direction and supervision, through the other employees of
the department, shall have and exercise the following powers and
duties:
(i) To exercise in Wyoming, all the rights and powers
and perform all duties hereunder;
(ii) To investigate and control the causes of
epidemic, endemic, communicable, occupational and other diseases
and afflictions, and physical disabilities resulting therefrom,
affecting the public health;
(iii) To establish, maintain and enforce isolation
and quarantine, and in pursuance thereof, and for such purpose
only, to exercise such physical control over property and over
the persons of the people within this state as the state health
officer may find necessary for the protection of the public
health;
(iv) To close theaters, schools and other public
places, and to forbid gatherings of people when necessary to
protect the public health;
(v) To abate nuisances when necessary for the
protection of the public health;
(vi) To enforce such sanitary standards for the
protection of public health as to the quality of water supplied
to the public and as to the quality of the effluent of sewerage
systems and trade wastes discharged upon the land or into the
surface or ground waters of the state, as are or may be
established by law, and to advise with municipalities,
utilities, institutions, organizations and individuals,
concerning the methods or processes believed by him best suited
to provide the protection or purification of water and the
treatment of sewage and trade wastes to meet such minimum
standards;
(vii) To collect, compile, and tabulate reports of
marriages, divorces and annulments, births, deaths and
morbidity, and to require any person having information with
regard to the same to make such reports;
(viii) To regulate the disposal, transportation,
interment and disinterment of the dead;
(ix) To establish, maintain and approve chemical,
bacteriological and biological laboratories and to conduct or
require such laboratory investigations and examinations as it
may deem necessary or proper for the protection of the public
health;
(x) To make, approve, and require standard diagnostic
tests and to prepare, distribute and require the completion of
forms of certificates with respect thereto;
(xi) To purchase and to distribute to licensed
physicians, with or without charge, as the department may
determine, or to administer such vaccines, serums, toxoids and
other approved biological or therapeutic products as may be
necessary for the protection of the public health;
(xii) To exercise sanitary control over the use of
water employed in the irrigation of vegetables or other edible
crops intended for human consumption, and to exercise sanitary
control over the use of fertilizer derived from excreta of human
beings or from the sludge of sewage disposal plants. The state
health officer shall have authority to impound any and all
vegetables and other edible crops and meat and animal products
intended for human consumption which have been grown or produced
in violation of the orders, rules and regulations of the
department, and upon five (5) days notice and after affording
reasonable opportunity for a hearing, to the interested parties
before the state health officer or his designee, to condemn and
destroy the same if it deems such necessary for the protection
of the public health;
(xiii) To certify, inspect and exercise sanitary
control over hospitals, sanitoriums, convalescent homes,
maternity homes, asylums, and other similar institutions;
(xiv) To establish standards and make sanitary,
sewerage and health inspections for charitable, penal and other
state and county institutions;
(xv) To enforce current sanitary standards, or those
that may be established by law, for the operation and
maintenance of lodging houses, hotels, public conveyances and
stations, schools, factories, workshops, industrial and labor
camps, recreational resorts and camps, and other buildings,
centers and places used for public gatherings;
(xvi) To establish and enforce sanitary standards for
the operation of toilet facilities in all garages, filling
stations and other places of business which maintain such
facilities for the convenience of their patrons;
(xvii) To disseminate public health information;
(xviii) To exercise all the rights and powers and
perform all the duties vested in or imposed by law upon the
state department of health, its officers and employees, as
constituted before this act, becomes effective; to hold
hearings, administer oaths, subpoena witnesses and take
testimony in all matters relating to the exercise and
performances of the powers and duties vested in or imposed upon
the department;
(xix) To advise the director of the department about
public health issues, programs and policies for the state;
(xx) To operate a public health nursing program which
may include, but is not limited to, provision of immunizations,
evaluation of the need of individuals for nursing home admission
or services and the operation of an infant public health nurse
home visitation subprogram. The public health nursing program
may, where and to the extent appropriate, be administered
through or in conjunction with county, municipal or district
health departments;
(xxi) During a public health emergency as defined by
W.S. 35-4-115(a)(i), the state health officer may prescribe
pharmaceutical or therapeutic interventions en masse as
necessary to protect the public health;
(xxii) Administer the Wyoming physician recruitment
grant program provided in W.S. 35-1-1101;
(xxiii) Develop initiatives and provide information
to the public regarding palliative care as provided in W.S. 35-
1-1203.
(b) In carrying out duties prescribed under paragraphs
(a)(ii) and (vii) of this section, the department shall:
(i) Develop and require the uniform registration and
reporting of medical information by hospitals, physicians and
other health care providers as necessary to establish the
Wyoming central tumor registry in accordance with the American
college of surgeons guidelines;
(ii) By rule and regulation establish registration
fees for hospitals, physicians or other health care providers
required to register medical information with the registry under
paragraph (b)(i) of this section in an amount to ensure that, to
the extent practicable, the total revenue generated from the
fees collected approximates but does not exceed the direct and
indirect costs of administering and operating the registry. Fees
collected under this paragraph shall be deposited in the general
fund.
(c) Any order issued under this section that restricts
individuals' movements or their ability to engage in any
activity, that applies to individuals not under an isolation or
quarantine order and that is designed to prevent or limit the
transmission of a contagious or possibly contagious disease
shall be effective for a period of not more than ten (10) days.
Subsequent orders for the same or substantially same purpose
shall only be issued by the governor, with consultation provided
by the state health officer and shall be in effect for not more
than sixty (60) days.
35-1-241. Safe disposal of corpses in emergency
circumstances.
(a) The state health officer in consultation with the
appropriate county coroner, during the period that a public
health emergency exists, may:
(i) Adopt and enforce measures to provide for the
safe disposal of corpses as may be reasonable and necessary for
emergency response. These measures may include the embalming,
burial, cremation, interment, disinterment, transportation and
disposal of corpses;
(ii) Take possession or control of any corpse;
(iii) Order the disposal of any corpse of a person
who has died of an infectious disease through burial or
cremation within twenty-four (24) hours after death;
(iv) Compel any person authorized to embalm, bury,
cremate, inter, disinter, transport or dispose of corpses to
accept any corpse or provide the use of his business or facility
if the actions are reasonable and necessary for emergency
response. The use of a business or facility may include
transferring the management and supervision of the business or
facility to the state health officer and granting the right for
the state health officer to take immediate possession for a
limited or unlimited period of time, but shall not exceed beyond
the termination of the public health emergency.
(b) Every corpse prior to disposal pursuant to subsection
(a) of this section shall be clearly labeled with all available
information to identify the decedent and the circumstances of
death. Any corpse of a deceased person with an infectious
disease shall have an external, clearly visible tag indicating
that the corpse is infected and, if known, the infectious
disease.
(c) Every person in charge of disposing of any corpse
pursuant to subsection (a) of this section shall maintain a
written record of each corpse and all available information to
identify the decedent and the circumstances of death and
disposal. If a corpse cannot be identified, prior to disposal a
qualified person shall, to the extent possible, take
fingerprints and one (1) or more photographs of the corpse, and
collect a DNA specimen. All information collected under this
subsection shall be promptly forwarded to the state health
official.
(d) As used in this section "public health emergency"
means as defined by W.S. 35-4-115(a)(i).
35-1-242. Repealed by Laws 2016, ch. 69, § 2.
35-1-243. Public health nursing.
(a) In exercising its powers and duties under W.S.
35-1-240(a)(xx), the department of health may enter into
memoranda of understanding with the several counties separately
for the organization, management, delivery and financing of
public health nursing and related functions. The county
commissioners of each county shall have at least the following
choices for organizing public health nursing and related
functions:
(i) A partnership memorandum of understanding system;
(ii) A state administered public health nursing
system with a county contribution; or
(iii) Subject to the limitation stated in subsection
(e) of this section, a system under which the state contracts
with a county for the provision of all or a portion of the
public health nursing and other public health functions.
(b) A memorandum of understanding entered into pursuant to
this section may:
(i) Specify how the state and county employees will
be supervised and disciplined;
(ii) Specify the hours that public health offices
will be open and the holidays that will be observed and may
require both state and county employees in the public health
functions to conform to a common work schedule, which may be
different in different counties;
(iii) Specify which resources, including financial
and physical resources, will be furnished by the state and which
by the county or other local entity;
(iv) Contain any other provisions useful in the
organization, management or delivery of public health services.
(c) Any county entering into a memorandum of understanding
with the department to provide public health nursing services
under the systems specified in paragraph (a)(i) or (ii) of this
section shall be allowed to provide services under a different
system specified in paragraph (a)(i), (ii) or (iii) of this
section at any time on or before July 1, 2018. After July 1,
2018, a county shall not be allowed to change the system under
which public health nursing services are provided unless the
department consents to the change.
(d) If the commissioners of a county enter into a
memorandum of understanding to provide public health nursing
services under the system specified in paragraph (a)(ii) of this
section, at the request of the commissioners of the county,
county employee positions assisting in providing public health
functions may be transferred to state at-will employee contract
positions under W.S. 9-2-3207(a)(xi)(F) or to permanent state
positions, provided that the number of positions transferred
under this subsection shall not exceed the largest number of
public health nursing positions in the county between July 1 and
December 31 of the year prior to the transfer. A transfer under
this subsection shall mean payment of monies to the department
for the purpose of creating a position under W.S. 35-1-
243(a)(ii). Any state employee position created shall comply
with the state of Wyoming personnel rules. The department may
charge an administrative fee and accept county or other local
funds to defray the cost of transferred positions as provided in
the memorandum of understanding. The funds shall be deposited by
the state treasurer in a separate account. The funds in the
account are continuously appropriated to the department of
health and shall be paid out upon request of the department as
provided by law. Positions transferred under this subsection
into state permanent positions shall be paid benefits in the
same manner and at the same rates as for comparable state
employees pursuant to the state of Wyoming compensation policy.
The department's authorization for employee positions shall be
expanded by operation of law to accommodate all positions
transferred to the state under this subsection and shall
continue so long as the county that requested the transfers
satisfies its obligations under its memorandum of understanding
with the department. Upon a county's failure to make all
payments required by its memorandum of understanding with the
department or upon the county's request, the department shall no
longer have any state positions transferred by the county under
this subsection and, upon written notice to the transferred
employees and the county, shall follow the state of Wyoming
personnel rules regarding reductions in force. All positions
created under this subsection shall be included within the
department's standard or supplemental budget request.
(e) Any entity providing public health nursing services
under paragraph (a)(i) or (ii) of this section and which
maintains a city, county or district board of health under W.S.
35-1-301 through 35-1-309 may enter into a contract with the
department to perform public health nursing services under
paragraph (a)(iii) of this section pursuant to subsection (c) of
this section. This subsection and any contract made pursuant to
it shall be operable only for the period for which the
department is specifically authorized by law to transfer funds
between expenditure series for the purpose of making payments to
those entities that operate public health nursing services
pursuant to this subsection. The department's authorization for
employee positions shall be reduced automatically to correspond
with any transfer of funds from a salary expenditure series to a
contract series. All contracts made pursuant to this subsection
shall be conditioned upon the availability of appropriate
funding and the authority to transfer funds as provided in this
subsection. A contract made pursuant to this subsection shall
provide, with as much specificity as is reasonable and practical
given the time available, the services to be performed, the
resources and other assistance to be provided by the state and
the outcomes expected.
(f) When compensation to state public health nursing
employees is increased, the department shall determine a
corresponding increase to contract amounts for counties
providing public health nursing services under paragraph
(a)(iii) of this section and request this increase in the
department's standard budget or supplemental budget request.
(g) If the commissioners of two (2) or more counties
desire to form a joint powers board to manage all or part of the
public health functions in the respective counties, the relevant
memoranda of understanding may be modified accordingly and may
provide for transition to a joint powers board upon its creation
pursuant to the Wyoming Joint Powers Act.
(h) The county commissioners of each county may choose for
all or a portion of their county to use, for the delivery and
management of public health nursing and related functions, any
existing organization which currently delivers any or all public
health services.
35-1-244. Public health laboratory fees.
(a) The department of health may charge reasonable fees
for laboratory testing services provided to other state
agencies, local law enforcement entities and other individuals
or organizations in accordance with the following:
(i) Fees shall be established by rule or regulation
promulgated in accordance with the Wyoming Administrative
Procedure Act;
(ii) Fees shall be established in an amount
sufficient to recoup the department's cost of providing the
laboratory testing services.
(b) The department shall only charge fees pursuant to this
section if the department makes personnel available to testify
in criminal trials as to the department's laboratory testing
results.
(c) Fees collected by the department pursuant to this
section shall be credited to a special revenue account. No
funds shall be expended from the special revenue account unless
and until the legislature appropriates the funds.
ARTICLE 3 - COUNTY, MUNICIPAL AND DISTRICT HEALTH DEPARTMENTS
35-1-301. Definitions; establishment; participation by
municipality in district department.
(a) For the purposes of this act, the word "municipality"
shall mean and include any town, village or city of this state,
and the word "district" shall mean and include any combination
of said towns, villages, cities and counties of this state.
(b) Any county, municipality, or district may, by
resolution of the board of county commissioners or municipal
governing body or by a majority of the votes cast by the
qualified electors of such county, municipality, or district,
establish and maintain a county, municipal, or district health
department.
(c) Any two (2) or more adjacent counties may, by
resolutions of the boards of county commissioners or by a
majority of the votes cast by the qualified electors establish
and maintain a district health department.
(d) Any municipality within a health department district
may, by resolution of the municipal governing body or by a
majority of the votes cast by the qualified electors of such
municipality, participate in such a district health department.
35-1-302. Organization of units; membership of boards;
removal.
(a) Within thirty (30) days after the adoption of a
resolution or resolutions to establish and maintain a county
and/or city or district health department, the board or boards
of county commissioners and/or city governing body, as the case
may be, shall proceed to organize such a department by the
appointment of a county and/or city or district board of health,
hereinafter referred to as the board.
(b) Each county and/or city board of health shall consist
of five (5) members, all of whom shall be qualified electors of
the county in which they serve, and one (1) shall have the
degree of doctor of medicine and one (1) shall have the degree
of doctor of dental surgery when available in said county. One
(1) member of the board to be appointed for one (1) year; one
(1) for two (2) years; one (1) for three (3) years, one (1) for
four (4) years; and one (1) for five (5) years. Thereafter
appointments for full term shall be for five (5) years.
Vacancies for unexpired terms shall be filled by appointment by
the board of county commissioners and/or city governing body.
(c) The number of members on the district board shall be
at least equal to the number of participating political
subdivisions; each participating political subdivision shall
have at least one (1) representative on the board; the board
shall not have less than seven (7) members; at least one (1)
member of the board shall have the degree of doctor of medicine
and at least one (1) member shall have the degree of doctor of
dental surgery. For the original board, one (1) member shall be
appointed for a term of one (1) year, two (2) for a term of two
(2) years, two (2) for three (3) years, two (2) for four (4)
years. Thereafter, each appointment shall be for a term of four
(4) years. The district board of health shall be appointed by a
committee composed of one (1) member of each of the boards of
county commissioners of the counties comprising the district.
(d) Meetings of the board shall be held quarterly at such
place as is designated by the board and at such other time as
may be desirable upon call by the county and/or city or district
health officer. Members of the board shall serve without
compensation, but shall be entitled to payment for travel and
other necessary expense incurred while attending meetings of the
board.
(e) The governing body which appointed the member of the
board may remove that member of the board for cause without a
public hearing unless the member requests that the action be
taken during a public hearing. Vacancies on the board shall be
filled by the governing body for the balance of the unexpired
term created by the vacancy.
35-1-303. Rules and regulations; jurisdiction.
(a) County and/or city and district boards of health may
enact rules and regulations pertaining to the prevention of
disease and the promotion of public health in the area over
which such respective boards have jurisdiction. But in no
instance shall such rules and regulations be less effective
than, or in conflict with, rules and regulations promulgated by
the state department of health. The district and/or city health
officers shall have all powers vested by law in county health
officers.
(b) The jurisdiction of the county and/or city or district
health department shall extend over all unincorporated areas and
over all municipalities within the territorial limits of the
county or counties comprising the district except municipalities
of Class I may maintain their own health departments. However,
any municipalities of Class I may merge its health services with
that of the county or district in which such city is located.
35-1-304. Treasurer designated; fund to be created;
composition and use of fund; preparation and submission of
budget; tax levy authorized.
(a) In the case of a county and/or city health department,
the county and/or city treasurer, as a part of his official
duties as county and/or city treasurer, shall serve as treasurer
of the department, and his official bond as county and/or city
treasurer shall extend to and cover his duties as treasurer of
the department. In the case of a district health department, the
county treasurer of the county in the district having the
largest population, as a part of his official duties as county
treasurer, shall serve as treasurer of the district department
and his official bond as county treasurer shall extend to and
cover his duties as treasurer of the department.
(b) The treasurer of a county and/or city or district
health department shall, upon organization of the department,
create a county and/or city or district health department fund
to which shall be credited:
(i) Any moneys that may be appropriated from the
general county fund or funds;
(ii) Any moneys received from state, federal or other
grants or donations for local health purposes;
(iii) Any moneys received from mill levies authorized
by this act.
(c) Any moneys credited to said fund shall be expended
only for maintenance and operation of the department and claims
or demands against said fund shall be allowed upon certification
by the health officer or a designated member of the board of
health.
(d) A county and/or city board of health shall, annually
before April 1st of each year, estimate the total cost of
maintaining the department for the ensuing fiscal year, and the
amount of moneys that may be available from unexpended surpluses
or from state or federal grants or other grants or donations.
The estimates shall be submitted in the form of a budget to the
board of county commissioners and/or city governing body and the
board shall provide any moneys necessary over estimated moneys
from surpluses, grants and donations to cover the total cost of
maintaining the department for the ensuing fiscal year. If the
city has chosen to have a biennial budget pursuant to W.S.
16-4-104(h), then the city board of health shall submit their
budget to the city on April 1 of every other year in accordance
with the city budget.
(e) A district board of health shall, annually before
April 1st of each year, estimate the total cost of maintaining
and operating the department for the ensuing fiscal year and the
amount of monies that may be available from unexpended surpluses
or from state or federal grants or other grants or donations.
The estimates shall be submitted in the form of a budget to a
committee composed of the chairmen of the boards of county
commissioners and/or city governing body of all counties and/or
cities comprising the district. The cost of maintaining and
operating the department, over estimated monies from surpluses,
grants or donations, shall be apportioned by the committee among
the counties comprising the district on a basis of population of
each participating county in proportion to the total population
of all counties comprising the district. The boards of county
commissioners of the respective counties shall provide any
monies necessary to cover the proportionate share of their
county. If the cities in the district have chosen to have a
biennial budget pursuant to W.S. 16-4-104(h), then the district
board of health shall submit their budget to the cities on April
1 of every other year in accordance with the cities' budget. If
all the cities in the district are not on the same budget
schedule, the district shall still submit a biennial budget.
However, for those cities who budget annually, they shall
appropriate an annual amount.
(f) A tax levy may be made by the board of county
commissioners specifically for the public health purposes on
assessed valuation.
35-1-305. Appointment of health officers and other
personnel generally; local board of health may fix fees for
certain services.
(a) In the counties, municipalities or districts where
health departments are created, as provided herein, the local
board of health may appoint a full-time or part-time health
officer, deputy health officers, public health nurses,
sanitarians, environmental health specialists and such other
public health personnel as may be deemed necessary to adequately
protect the public health. Any full-time or part-time health
officer shall have a degree of doctor of medicine, be an
advanced practice registered nurse as defined in W.S. 33-21-
120(a)(i) or be a physician assistant as defined in W.S. 33-26-
501(a)(iii). A full-time or part-time health officer appointed
under this section shall assist the state department of health
in carrying out the provisions of all health and sanitary laws
and regulations of the state and shall complete continuing
education in public health as directed by the local board of
health. Subject to subsection (c) of this section, the local
board of health may fix reasonable fees and charges for
services, except for follow-up of communicable diseases and for
individuals who receive services under the public health nursing
infant home visitation subprogram created by W.S. 35-27-102. No
person shall be denied necessary nursing services within the
limits of available personnel because of an inability to pay the
cost of such services.
(b) All moneys collected hereunder shall be paid directly
to the city or county treasurer and placed in the corresponding
health department fund.
(c) Prior to the establishment of any fee under this
section, the local board of health, the city council or the
board of county commissioners, as appropriate, shall hold a
public hearing after providing forty-five (45) days written
notice of the hearing. No fee shall be imposed by the local
board of health under this section without the prior approval of
the city council or the board of county commissioners, as
appropriate. No fee established under this section shall exceed
five hundred dollars ($500.00).
35-1-306. Appointment of health officer and other
personnel where departments not established; fees and charges
for services; payment.
(a) In counties or municipalities where such departments
are not established the boards of county commissioners or
municipal governing body shall appoint the county or municipal
health officer and other necessary personnel. The governing body
of any combination of municipalities, counties, or
municipalities and counties where such departments are not
established may form a health district and appoint a district
health officer thereof. The term of office for the county,
municipal or district health officer shall be four (4) years
unless sooner removed by the board of county commissioners,
municipal or district governing body. The county, municipal or
district health officer shall have a degree of doctor of
medicine, be an advanced practice registered nurse as defined in
W.S. 33-21-120(a)(i) or be a physician assistant as defined in
W.S. 33-26-501(a)(iii). The county, municipal or district health
officer shall assist the state department of health in carrying
out the provisions of all health and sanitary laws and
regulations of the state and shall complete continuing education
in public health as directed by the local board of county
commissioners, health district or municipal governing body.
(b) Each part-time county, municipal, or district health
officer shall receive a minimum compensation of not less than
twenty-five dollars ($25.00) per month and necessary travel
expenses incurred while engaged in the duties of his office.
(c) There is hereby authorized to be appointed by the
boards of county commissioners, municipal, or district governing
bodies so desiring, a deputy health officer, public health
nurses, sanitarians, and such other public health personnel as
may be deemed necessary to adequately protect the public health
to serve under the county, municipal or district health officer.
Such deputy health officer shall have the same authority in his
area as the health officer and shall be compensated at a maximum
rate of two-thirds the salary paid to the health officer of the
county, municipality or district.
(d) Each public health nurse, sanitarian, and such other
professional public health personnel appointed under the
provisions of this act shall meet the position specifications
established by the state merit rule for such positions. Boards
of county commissioners, municipal, or district governing bodies
are authorized and empowered to make appropriations for the
compensation and necessary expenses for such public health
personnel from such unencumbered funds as may be available. Said
boards shall have the power to set all salaries for all
personnel.
(e) Boards of county commissioners, municipal or district
governing bodies may fix reasonable fees and charges for
services, except for follow-up of communicable diseases and for
individuals who receive services under the public health nursing
infant home visitation subprogram created by W.S. 35-27-102. No
person shall be denied necessary nursing services within the
limits of available personnel because of an inability to pay the
cost of such services.
(i) Repealed By Laws 2001, Ch. 127, § 2.
(ii) Repealed By Laws 2001, Ch. 127, § 2.
(iii) Repealed By Laws 2001, Ch. 127, § 2.
(iv) Repealed By Laws 2001, Ch. 127, § 2.
(v) Repealed By Laws 2001, Ch. 127, § 2.
(f) Payment, in whole or in part for such services may be
accepted from any person. Payment of any charges due may be
accepted from a local county, state or federal public assistance
agency or any combination thereof; or from any individual,
governmental agency, or corporation, public or private, when
such services are provided any person, including but not limited
to a recipient of any type of social security aids administered
by the federal or state governments, or a recipient of direct
relief.
(g) All monies collected or appropriated hereunder shall
be paid directly to the treasurer of the county, municipality or
district, as the case may be, for credit to a county, municipal,
or district health fund in the manner provided in W.S. 35-1-304,
for county, municipal, and district health departments. Any
monies credited to said fund shall be expended only for the
compensation and necessary expenses for such public health
personnel and claims or demand against said fund shall be
allowed upon certification by the health officer or a designated
member of the governing board.
35-1-307. Purpose of health units.
The establishment of full-time local health units is for public
health and preventive medical purposes for the people of the
state of Wyoming.
35-1-308. Dissolution and discontinuance.
Any county and/or city or district health department may be
dissolved and discontinued by resolution of the board of county
commissioners and/or city governing body of a county and/or city
maintaining a county and/or city health department, or by
resolutions of the boards of county commissioners and/or city
governing board of the counties and/or cities maintaining a
district health department; provided, however, that no
department shall be dissolved within the two (2) year period
following the date of its establishment. Within ninety (90) days
after the passage of a resolution or resolutions dissolving a
department, the county and/or city or district board of health
shall proceed to terminate the affairs of the department. After
payment of all obligations, any moneys remaining in a county
and/or city health department fund shall be credited to the
general fund of the county and/or city, and any moneys remaining
in a district health department fund shall be apportioned among
the counties comprising the district in the same manner as the
cost of maintaining the department was apportioned among the
counties, and credited to their respective general funds. All
other property of the county and/or city or district health
department shall be disposed of as may be agreed upon by the
county and/or city or district board of health.
35-1-309. Adjacent county without department becoming part
of health district by agreement.
(a) Generally.-Any county adjacent to a district
maintaining a district health department may become a part of
such district by agreement between its board of county
commissioners and the boards of county commissioners of the
counties comprising the district. Any such county upon being
accepted into the district, shall thereupon become subject to
all the provisions of this act as though it were originally a
part of the district.
(b) Withdrawing from districts.-Any county in a district
may withdraw from the district by resolution of its board of
county commissioners; provided, however, that no county may
withdraw from a district within the two (2) year period
following the establishment of the district or the county's
becoming a part of the district, and then only after ninety (90)
days written notice given to the department. In the event of
withdrawal of a county from a district, any funds which had been
appropriated by the county before withdrawal, to cover its
proportionate share of maintaining the district, shall not be
returned to the county withdrawing.
35-1-310. Limitation on orders.
(a) No public health order requested or issued by a
county, municipal or district health officer under this article
shall become effective without notice being provided to the
public not less than forty-eight (48) hours before the order is
to become effective and an opportunity to provide public comment
through written and electronic submissions is provided, except
when the delay will result in immediate and life threatening
physical harm, exposure or transmission beyond the existing
affected area. Any order issued under this chapter by a county,
municipal or district health officer that restricts individuals'
movements or their ability to engage in any activity, that
applies to individuals not under an isolation or quarantine
order and that is designed to prevent or limit the transmission
of a contagious or possibly contagious disease shall be
effective for a period of not more than ten (10) days.
Subsequent orders, including order extensions, for the same or
substantially same purpose of any duration shall only be issued
as follows:
(i) The board of county commissioners, by a vote of
the majority of the board, may issue an order subsequent to an
order issued by a county health officer;
(ii) The governing body of a municipality, by a vote
of the majority of the governing body, may issue an order
subsequent to an order issued by a municipal health officer;
(iii) The governing body of a political subdivision
that is a member of a health district or a district health
department, by a majority vote of the governing body, may issue
an order subsequent to an order issued by a district health
officer to have effect within the governing body's political
subdivision only.
(b) Nothing in this chapter shall be construed to limit a
parent or guardian's right to the care, custody and control of a
minor child under the care of the parent or guardian.
(c) Nothing in this chapter shall be construed to limit a
caregiver's right to the care, custody and control of a
vulnerable adult.
(d) As used in this section:
(i) "Caregiver" means a family member responsible, or
a person with court ordered responsibility, for the care,
custody and control of a vulnerable adult;
(ii) "Vulnerable adult" means as defined in W.S. 35-
20-102(a)(xviii).
ARTICLE 4 - VITAL RECORDS
35-1-401. Definitions.
(a) As used in this act:
(i) "Vital records" means records of birth, death,
stillbirth, marriage, divorce and data relating thereto;
(ii) "System of vital records" includes the
registration, collection, preservation, amendment, and
certification of vital records and activities related thereto
including the tabulation, analysis, and publication of
statistical data derived from such records;
(iii) "Filing" means the presentation of a
certificate, report, or other record of a birth, death,
stillbirth, adoption, marriage, or divorce, for registration by
vital records services;
(iv) "Registration" means the acceptance by vital
records services and the incorporation in its official records
of certificates, reports or other records of births, deaths,
stillbirths, adoption, marriages, and divorces;
(v) "Live birth" means the complete expulsion or
extraction from its mother or its gestational carrier of a
fetus, which after such expulsion or extraction, breathes or
shows any other evidence of life such as beating of the heart,
pulsation of the umbilical cord, or definite movement of
voluntary muscles, whether or not the umbilical cord has been
cut or the placenta is attached;
(vi) "Stillbirth" means a birth after twenty (20)
completed weeks gestation in which the child shows no evidence
of life after complete birth;
(vii) "Dead body" means a lifeless human body, or
such severed parts of the human body, or the bones thereof, from
the state of which it reasonably may be concluded that death
occurred;
(viii) "Final disposition" means the burial,
interment, cremation, or other disposition of a dead body or
stillbirth;
(ix) "Person in charge of interment" means any person
who places or causes to be placed a deceased, stillbirth, or
dead body, or after cremation the ashes thereof, in the earth, a
grave, tomb, vault, urn or other receptacle, either in a
cemetery or at any other place, or otherwise disposes of a body;
(x) "Physician" means a person authorized or licensed
to practice medicine as provided in W.S. 33-26-101 through
33-26-601;
(xi) "Institution" means any establishment, public or
private, which provides inpatient medical, surgical or
diagnostic care or treatment, or nursing, custodial or
domiciliary care to two (2) or more unrelated individuals, or to
which persons are committed by law;
(xii) "Advanced practice registered nurse" means as
provided in W.S. 33-21-120(a)(i);
(xiii) "Physician assistant" means as provided in
W.S. 33-26-501(a)(iii);
(xiv) "Gestational agreement" means a written,
notarized agreement between two (2) intended parents and a
gestational carrier where:
(A) The gestational carrier agrees to pregnancy
by means of assisted reproduction;
(B) The gestational carrier, and her spouse if
she is married, agree to relinquish all rights and duties as the
parent of any child that is delivered from the gestational
carrier;
(C) The agreement specifies that the intended
parents shall become the parents of the child;
(D) All parties to the agreement are twenty-one
(21) years of age or older;
(E) The intended parents have been residents of
the state of Wyoming for not less than one (1) year immediately
preceding the date of the gestational agreement;
(F) The agreement is filed with the state
registrar of vital records. Any agreement filed under this
subparagraph shall be sealed and placed in a special file and
may be opened only upon order of a court of competent
jurisdiction or as otherwise provided by law;
(G) Compensation is limited to expenses related
to prenatal care, delivery of the child and any other costs
including the cost of lost opportunity that are directly
connected to the pregnancy.
(xv) "Gestational carrier" means a woman twenty-one
(21) years of age or older who gives birth to a child under a
gestational agreement;
(xvi) "Intended parents" means two (2) persons who
enter into a gestational agreement with a gestational carrier
for the birth of a child for which the two (2) persons shall
assume paternity or maternity.
35-1-402. State office established.
The department of health shall establish a state office of vital
records services, which shall install, maintain, and operate the
system of vital records throughout this state.
35-1-403. Appointment of state registrar.
The director of the department of health shall be the state
registrar. He shall appoint a deputy who shall carry out the
provisions of this act.
35-1-404. Duties of state registrar.
(a) The state registrar shall:
(i) Make, promulgate and enforce all necessary rules
and regulations for carrying out the purpose of this act;
(ii) Receive, index and statistically compile the
returns of births, deaths, stillbirths, marriages and divorces
from the entire state;
(iii) Prescribe and distribute such forms as are
required by this act and the rules and regulations issued
hereunder;
(iv) Direct, supervise and control the activities of
local registrars and the activities of other local officials
related to the operation of the vital records system and provide
them with necessary postage;
(v) Submit to the governor an annual report of the
administration of this act;
(vi) Keep a correct account of all fees received and
turn the same over to the state treasurer as provided by law;
(vii) Delegate such functions and duties vested in
him to officers and employees of the office of vital records
services and to the local registrars as he deems necessary or
expedient;
(viii) Investigate all of the cases of irregularity
or violation of this act and any regulations.
35-1-405. Registration districts.
The state registrar shall from time to time establish
registration districts throughout the state. He may consolidate
or subdivide such districts to facilitate registration.
35-1-406. Appointment and removal of local registrars and
deputy local registrars.
(a) The state registrar shall appoint a local registrar
and one or more deputy local registrars of vital records for
each registration district. He may remove a local registrar or
deputy local registrar for reasonable cause.
(b) Each person so appointed shall be notified in writing,
setting forth the area for which he is responsible for promoting
and supervising vital registration, and he shall inform the
state registrar in writing of his acceptance of the appointment.
35-1-407. Duties of local registrars.
(a) Each local registration official shall serve as an
agent of the state registrar in his district and shall:
(i) Register only births, stillbirths and deaths that
occur in his district;
(ii) Examine certificates, record them in his
register, numbering each in order of filing;
(iii) Issue burial and removal permits for properly
filed death certificates;
(iv) Make prompt returns on or before the fifth day
of each month to the state registrar or report that no births or
deaths occurred in his district;
(v) See that the provisions of this act are enforced
in his district and that all births, stillbirths and deaths that
occur are fully registered and make prompt report to the state
registrar of any case of failure or neglect to file
certificates;
(vi) In accordance with regulations issued hereunder,
the deputy local registrar shall perform the duties of the local
registrar in the absence or incapacity of such local registrar
and shall perform such other duties as may be prescribed by the
state registrar.
35-1-408. Repealed by Laws 2023, ch. 90, § 1.
35-1-409. Form of certificates.
(a) In order to promote and maintain uniformity of the
system of vital statistics the forms of the certificates,
reports and other returns required by the act or by regulations
adopted hereunder, shall include as a minimum the items
recommended by the federal agency responsible for national vital
statistics subject to approval of and modification by the
department of health. Social security numbers, if available,
will be required on death certificates.
(b) Each certificate, report and form required to be filed
under this act shall have entered upon its face the date of
registration duly attested.
35-1-410. Birth registration.
(a) A certificate of birth for each live birth which
occurs in this state shall be filed with the local registrar of
the district in which the birth occurs within ten (10) days
after such birth and shall be registered by the registrar if it
has been completed in accordance with this section. When a birth
occurs on a moving conveyance a birth certificate shall be filed
in the district in which the child was first removed from the
conveyance.
(b) When a birth occurs in an institution, or en route
thereto, the person in charge of the institution or a designated
representative shall obtain the personal data, prepare the
certificate, secure the signatures required by the certificate
and file it with the local registrar. The person in attendance
will certify to the facts of the birth and provide the medical
information required by the certificate within seven (7) days
after birth. If the attendant has not signed the certificate
within seven (7) days of the date of the birth, the person in
charge of the institution or a designated representative shall
complete and sign the certificate.
(c) When a birth occurs outside an institution, the
certificate shall be prepared and filed by one (1) of the
following in the indicated order of priority:
(i) The physician in attendance at or immediately
after the birth, or in the absence of such a person;
(ii) Any other person in attendance at or immediately
after the birth; or
(iii) The father, the mother, or in the absence of
the father and the inability of the mother, the person in charge
of the premises where the birth occurred.
(d) For purposes of birth registration, unless a court of
competent jurisdiction orders otherwise at any time or except as
provided in subsection (e) of this section, the woman who gives
birth to the child shall be deemed the mother.
(e) Upon the birth of a child under a gestational
agreement, the intended parents of the child born under the
gestational agreement shall be deemed to be the mother and
father of the child, including for purposes of birth
registration and the birth certificate, upon satisfying the
following conditions:
(i) Submission of a complete application by the
intended parents as the state office of vital records services
prescribes; and
(ii) Verification by the state office of vital
records services that the gestational agreement complies with
the requirements of W.S. 35-1-401(a)(xiv).
35-1-411. Name of father on birth certificate.
(a) If the mother was married either at the time of
conception or birth of child, or between conception and birth,
the name of the husband shall be entered on the certificate as
the father of the child, unless:
(i) Paternity has been determined otherwise by a
court of competent jurisdiction; or
(ii) The husband signs an affidavit denying that he
is the father and the mother and the person to be named as the
father sign an affidavit of paternity under this section.
Affidavits may be joint or individual or a combination thereof,
and each signature shall be individually notarized. The name of
the person signing the affidavit of paternity shall be entered
as the father on the certificate of birth.
(b) If the mother was not married either at the time of
conception or birth of child, or between conception and birth,
the name of the father shall not be entered on the certificate
of birth without an affidavit of paternity signed by the mother
and the person to be named as father, unless a determination of
the paternity has been made by a court of competent
jurisdiction.
(c) In any case in which paternity of a child is
determined by a court of competent jurisdiction, the name of the
father and surname of the child shall be entered on the
certificate of birth in accordance with the finding and order of
the court.
(d) If the father is not named on the certificate of
birth, no other information about the father shall be entered on
the certificate.
35-1-412. Report required of person assuming custody of
foundlings; information to be shown; report to constitute birth
certificate; subsequent identification and certificate.
(a) Whoever assumes the custody of a living child of
unknown parentage shall report within seven (7) days on a form
to be approved by the state registrar, to the local registrar of
the registration district in which custody is assumed, the
following information:
(i) Date of finding or assumption of custody;
(ii) Place of finding or assumption of custody;
(iii) Sex;
(iv) Race;
(v) Approximate age;
(vi) Name and address of the person or institution
with whom the child has been placed for care, if any;
(vii) Name given to the child by the finder or
custodian; and
(viii) Other data required by the state registrar.
(b) The place where the child was found, or custody has
been assumed shall be known as the place of birth, and the date
of birth shall be determined by approximation. The foundling
report shall constitute the certificate of birth for such
foundling child and the provisions of this act relating to
certificates of birth shall apply in the same manner and with
the same effect to such report. If a foundling child shall later
be identified and a regular certificate of birth be found or
obtained, any report registered under this section shall be
sealed and placed in a special file and may be opened only upon
order of a court of competent jurisdiction or as provided by
regulation.
35-1-413. Delayed registration of births.
(a) When the birth of a person born in this state has not
been registered, a certificate may be filed in accordance with
the regulations of vital records services. The certificate shall
be registered subject to such evidentiary requirements as vital
records services shall prescribe to substantiate the alleged
facts of birth. Certificates of birth registered one (1) year or
more after the date of occurrence shall be marked "Delayed" and
show on their face the date of the delayed registration. A
summary statement of the evidence submitted in support of the
delayed registration shall be endorsed on the certificate.
Evidence affecting delayed certificates should be microfilmed
and then returned to the registrant.
(b) When an applicant does not submit the minimum
documents required in the regulations for delayed registration,
or when the state registrar of vital records finds reason to
question the validity or adequacy of the documentary evidence,
the state registrar of vital records shall not register the
delayed certificate and shall advise the applicant of the
reasons for this action. Applications for delayed certificates
which have not been completed within one (1) year from the date
of application may be dismissed at the discretion of the state
registrar. Upon dismissal the state registrar shall advise the
applicant of his decision and all documents submitted in support
of such registration shall be returned to the applicant.
35-1-414. Delayed registration of death and marriage.
When a death or marriage occurring in this state has not been
registered, a certificate may be filed in accordance with
regulations of the division of health and medical services. The
certificate shall be registered subject to such evidentiary
requirements as the division of health and medical services
shall by regulation prescribe to substantiate the alleged facts
of death or marriage. Certificates of death and marriage
registered one (1) year or more after the date of occurrence
shall be marked "Delayed" and shall show on their face the date
of the delayed registration.
35-1-415. Judicial procedure to establish facts of birth.
(a) If a delayed certificate of birth is rejected under
the provisions of this act, a petition may be filed with a court
of competent jurisdiction for an order establishing a record of
the date and place of the birth and the parentage of the person
whose birth is to be registered. The petition shall be made on a
form prescribed and furnished by the state registrar of vital
records and shall allege:
(i) The person for whom a delayed certificate of
birth is sought was born in this state;
(ii) No record of birth of such person can be found
in the office of the state or local custodian of birth records;
(iii) Diligent efforts by the petitioner have failed
to obtain the evidence required in accordance with this act;
(iv) The state registrar of vital records has refused
to register a delayed certificate of birth; and
(v) Such other allegations as may be required.
(b) The petition shall be accompanied by a statement of
the registration official made in accordance with this act and
all documentary evidence which was submitted to the registration
official in support of registration. The petition shall be sworn
to by the petitioner.
(c) The court shall fix a time and place for hearing the
petition and shall give the registration official who refused to
register the petitioner's delayed certificate of birth
appropriate notice of the hearing. Such official, or his
authorized representative, may appear and testify in the
proceeding.
(d) If the court from the evidence presented finds that
the person for whom a delayed certificate of birth is sought was
born in this state, it shall make findings as to the place and
date of birth, parentage and such other findings as the case may
require, and shall issue an order on a form prescribed and
furnished by the state registrar of vital records to establish a
record of birth. This order shall include the birth data to be
registered, a description of the evidence presented in the
manner prescribed by this act, and the date of the court's
action.
(e) The clerks of courts of competent jurisdiction shall
forward a certified copy of the order to the state registrar of
vital records not later than the tenth day of the calendar month
following the month in which it was entered. The order shall be
registered by the state registrar of vital records and shall
constitute the record of birth, from which copies may be issued
in accordance with this act.
35-1-416. Court reports of adoption.
(a) For each adoption of a child born in this state that
is decreed by any court in this state, the court shall require
the preparation of a report of adoption on a form prescribed and
furnished by the state registrar of vital records. The report
shall include such facts as are necessary to locate and identify
the certificate of birth of the person adopted, provide
information necessary to establish new certificate of birth of
the person adopted, and shall identify the order of adoption and
be certified by the clerk of the court. The report of adoption
as well as a certified copy of adoption decree shall be
furnished to the state registrar as specified in subsection (c)
of this section.
(b) Whenever an adoption decree is amended or annulled,
the clerk of the court shall prepare a report thereof which
shall include such facts as are necessary to identify the
original adoption report and the facts amended in the adoption
decree as necessary to properly amend the birth record. The
report of the amended or annulled adoption decree shall be
furnished to the state registrar as specified in subsection (c)
of this section.
(c) Not later than the fifth day of each calendar month
the clerk of court shall forward to the state registrar of vital
records the report of adoption, records of decrees of adoption,
and any annulment or amendment thereof entered in the preceding
month together with such related reports as the state registrar
shall require.
(d) When the state registrar receives a record of
adoption, or annulment, or amendment thereof, from a court for a
person born outside this state, the record shall be forwarded to
the appropriate registration authority in the state of birth.
For an adoption of a child born in a foreign country, the record
of adoption shall be forwarded to the U.S. immigration and
naturalization service, U.S. department of justice, or such
other office as the federal government may designate.
35-1-417. New certificate of birth following adoption;
court determination of paternity; and paternity acknowledgment.
(a) The state registrar of vital records shall establish a
new certificate of birth for a person born in this state when he
receives the following:
(i) An adoption report from the courts of this state,
the several states of the United States or a foreign country,
and a certified copy of the decree of adoption together with the
information necessary to identify the original certificate of
birth and to establish a new certificate of birth; except that a
new certificate of birth shall not be established unless so
requested by the court decreeing the adoption, the adoptive
parents or the adopted person;
(ii) A request that a new certificate be established
and evidence as required by regulation proving that a court of
competent jurisdiction has determined the paternity of the
person, or that both parents have acknowledged the paternity of
such person.
(b) When a new certificate of birth is established, the
actual city and county and date of birth shall be shown. It
shall be substituted for the original certificate of birth. If a
new certificate of birth is issued under this section, and in
the case of adoptions, the original certificate of birth and
evidence of adoption shall not be subject to inspection except
upon order of a court of competent jurisdiction.
(c) Upon receipt of a decree of annulment of adoption, the
original certificate of birth shall be restored to its place in
the file and the new certificate and evidence shall not be
subject to inspection except upon order of a court of competent
jurisdiction.
(d) Repealed By Laws 2003, Ch. 93, § 3.
(e) The state registrar of vital records shall establish a
new certificate of birth, on a form he prescribes, for a person
born in a foreign country upon receipt of a certified copy of
the decree of adoption entered pursuant to W.S. 1-22-111(a)(iii)
and a request for a new certificate by the court decreeing the
adoption, the adoptive parents or the adopted person.
(f) If no certificate of birth is on file for the person
for whom a new certificate is to be established under this
section, a delayed certificate of birth shall be filed with the
state registrar of vital records as provided by this act, before
a new certificate of birth is established.
(g) Repealed By Laws 2003, Ch. 93, § 3.
35-1-418. Death registration.
(a) A death certificate for each death which occurs in
this state shall be filed with the local registrar of the
registration district in which the death occurred within three
(3) days after the death and prior to removal of the body from
the state and shall be registered by such registrar if it has
been completed and filed in accordance with this section,
provided:
(i) That if the place of death is unknown, a death
certificate shall be filed in the registration district in which
a dead body is found within three (3) days after such
occurrence; and
(ii) If the death occurs in a moving conveyance, a
death certificate shall be filed in the registration district in
which the dead body is first removed from such conveyance.
(b) The funeral director or person acting as such who
first assumes custody of a dead body shall file the death
certificate. He shall obtain the personal data from the next of
kin or the best qualified person or source available. He shall
obtain the medical certification of cause of death from the
person responsible therefor.
(c) The medical certification shall be completed and
signed within a reasonable time after death by the primary
health care provider in charge of the patient's care for the
illness or condition which resulted in death, except when
inquiry is required by the postmortem examination. If the death
occurred without medical attendance or if the primary health
care provider last in attendance refuses or for any reason fails
to sign the certificate immediately, the funeral director or
person acting as funeral director shall notify the appropriate
local registrar. In that event the local registrar shall inform
the local health officer and refer the case to him for immediate
investigation and certification of cause of death prior to
issuing a permit for burial, cremation or other disposition of
the body. If the circumstances of the case suggest that the
death was caused by other than natural causes, the local
registrar shall refer the case to the coroner for investigation
and certification. The coroner shall examine the body and
consider the history of the case, and obtain the assistance and
advice of a competent physician who will assist the coroner in
determining the cause of death by examination of the body,
autopsy, inquest or other procedure determined necessary. The
nonmedical coroner shall not diagnose the cause of death without
the assistance and advice of a competent physician, advanced
practice registered nurse or physician assistant. The coroner or
local health officer shall complete and sign the medical
certification within a reasonable time after taking charge of
the case.
(d) For purposes of this section, "primary health care
provider" means as defined in W.S. 35-22-402(a)(xiv).
35-1-419. Stillbirth registration.
(a) A stillbirth certificate for each stillbirth which
occurs in this state after gestation period of twenty (20)
completed weeks or more shall be filed with the local registrar
of the registration district in which the delivery occurred
within three (3) days after the delivery and prior to removal of
the stillbirth from the state. If the place of stillbirth is
unknown, a stillbirth certificate shall be filed in the
registration district in which a stillbirth was found within
three (3) days after the occurrence. If a stillbirth occurs on a
moving conveyance, a stillbirth certificate shall be filed in
the registration district in which the stillbirth was first
removed from the conveyance.
(b) The funeral director or person acting as such who
first assumes custody of a stillbirth shall file the stillbirth
certificate. In the absence of such a person, the physician or
other person in attendance at or after the delivery shall file
the stillbirth certificate.
(c) The medical certification shall be completed and
signed within a reasonable time after delivery by the physician
in attendance at or after delivery except when inquiry is
required by the postmortem examination. When a stillbirth occurs
without medical attendance to the mother at or after the
delivery or when inquiry is required by the postmortem
examination, the coroner shall investigate the cause of
stillbirth and shall complete and sign the medical certification
within a reasonable time after taking charge of the case.
35-1-420. Permits.
(a) The funeral director or person acting as such who
first assumes custody of a dead body or stillbirth shall obtain
a burial-transit permit prior to final disposition or removal
from the state of the body or stillbirth and within seventy-two
(72) hours after death. The burial-transit permit shall be
issued by the local registrar of the district where the
certificate of death or stillbirth was filed in accordance with
the requirements of this act. A burial-transit permit issued
under the law of another state which accompanies a dead body or
stillbirth brought into this state shall be authority for final
disposition of the body or stillbirth in this state.
(b) No permit for burial, cremation, removal, or other
disposition shall be issued by any local registrar until a
certificate of death or stillbirth, as far as it can be
completed under the circumstances of the case, has been filed
with him, and until all the regulations of the administrator of
the division of health and medical services in respect to the
issuance of such permit have been complied with. No permit shall
be issued which would be contrary to the sanitary laws of this
state.
(c) A permit for disinterment and reinterment shall be
required prior to disinterment of a dead body or stillbirth
except as authorized by regulation or otherwise provided by law.
The permit shall be issued by the local registrar to a licensed
funeral director, embalmer, or other person acting as such, upon
proper application.
35-1-421. Extension of time.
(a) The department of health may, by regulation and upon
such conditions as it may prescribe to assure compliance with
the purposes of this act, provide for the extension of the
periods prescribed in this act, for the filing of death
certificates, stillbirth certificates, and for the obtaining of
burial-transit permits in cases in which compliance with the
applicable prescribed period would result in undue hardship.
(b) Regulations of the department of health may provide
for the issuance of a burial-transit permit under this act,
prior to the filing of a certificate of death or stillbirth upon
conditions designed to assure compliance with the purposes of
this act in cases in which compliance with the requirement that
the certificate be filed prior to the issuance of the permit
would result in undue hardship.
35-1-422. Marriage registration.
(a) A record of each marriage performed in the state shall
be filed with the state registrar of vital records as provided
in this section. The officer who issues the marriage license
shall prepare the certificate on the form furnished by the state
registrar of vital records upon the basis of information
obtained from the parties to be married, as provided by W.S.
20-1-103 and signed by the bride and groom.
(b) Every person who performs a marriage shall certify the
fact of marriage and file the record with the officer who issued
the license within ten (10) days after the ceremony. This
certificate shall be signed by the witnesses to the ceremony,
one (1) copy of which shall be given to the parties so married.
Every office issuing marriage licenses shall complete and
forward to the state registrar of vital records on or before the
tenth day of each calendar month the certificates of marriage
filed with him during the preceding calendar month.
35-1-423. Court reports of divorce and annulment of
marriage.
For each divorce and annulment of marriage granted by any court
in this state a report shall be prepared and filed by the clerk
of court with the state registrar of vital records. The
information necessary to prepare the report shall be furnished,
with the filing of the complaint for divorce, to the clerk of
court on forms prescribed and furnished by the state registrar
of vital records, and a hearing on the divorce complaint shall
not be held until the foregoing information has been filed by
the attorney for the plaintiff. On or before the tenth day of
each month the clerk of court shall forward to the state
registrar of vital records the report of each divorce and
annulment granted during the preceding calendar month, and such
related reports as may be required by regulations.
35-1-424. Correction and amendment of vital records.
(a) A certificate or record registered under this act may
be amended only in accordance with this act and regulations
thereunder adopted by the division of health and medical
services to protect the integrity and accuracy of vital records.
A certificate that is amended under this section shall be marked
"Amended" except as provided in subsection (d) of this section.
The date of amendment and a summary description of the evidence
submitted in support of the amendment shall be endorsed on or
made a part of the record.
(b) Vital records services shall prescribe by regulations
the conditions under which additions or minor corrections shall
be made to birth certificates within one (1) year after the date
of birth without the certificate being considered as amended.
(c) Upon receipt of a certified copy of a court order
changing the name of a person born in this state and upon
request of such person or his parent, guardian, or legal
representative, the state registrar of vital records shall amend
the certificate to reflect the new name, by attaching an
abstract of the court order.
(d) After one (1) year no correction shall be made on the
face of the certificate.
35-1-425. Reproduction of records.
To preserve original documents, the state registrar of vital
records is authorized to prepare typewritten, photographic or
other reproductions of original records and files in his office.
Such reproductions when certified by him shall be accepted as
the original record.
35-1-426. Disclosure of records.
(a) To protect the integrity of vital records, to insure
their proper use, and to insure the efficient and proper
administration of the vital records system, it shall be unlawful
for any person to permit inspection of, or to disclose
information contained in vital records, or to copy or issue a
copy of all or part of any such record except as authorized by
regulations.
(b) The department of health may authorize the disclosure
of data contained in vital records for research purposes.
(c) Information in vital records indicating that a birth
occurred out of wedlock shall not be disclosed except as
provided by regulations or upon order of a court of competent
jurisdiction.
(d) The department of health is authorized to provide the
necessary information in death records to the secretary of state
for the maintenance of the voter registration system by removing
names of voters who are deceased from the voter registration
list. This disclosure of death records shall be conducted in
accordance with the terms agreed upon by the secretary of state
and the director of the department of health.
35-1-427. Copies of data from vital records.
(a) Only the state registrar of vital records shall upon
request issue a certified copy of any certificate or record in
his custody or of a part thereof. Each copy issued shall show
the date of registration and copies issued from records marked
"Delayed", "Amended", or "Court Order" shall be similarly marked
and show the effective date. A certified copy of a certificate
or any part thereof, issued in accordance with this subsection
shall be considered for all purposes the same as the original,
and shall be prima facie evidence of the facts therein stated,
except that the evidentiary value of a certificate or record
filed more than six (6) months for birth, and one (1) year for
death and marriage, after the event, or a record which has been
amended, shall be determined by the judicial or administrative
body or official before whom the certificate is offered as
evidence.
(b) The federal agency responsible for national vital
statistics may be furnished such copies as it may require for
national statistics if the state is reimbursed for the cost of
furnishing the data, and the data is not used for other than
statistical purposes by the federal agency responsible for
national vital statistics.
(c) Federal, state, local and other public or private
agencies may, upon request, be furnished copies or data for
statistical purposes upon such terms or conditions as may be
prescribed by the department of health.
(d) No person shall prepare or issue any certificate which
purports to be an original, certified copy or copy of a
certificate of birth, death or stillbirth, except as authorized
by this act or regulations adopted hereunder.
35-1-428. Fees for copies and searches; surcharges.
(a) The department of health shall in accordance with
guidelines imposed upon boards and commissions under W.S.
33-1-201, prescribe reasonable fees for certified copies of
certificates or records or for a search of the files or records
when no copy is made. Fees collected shall be deposited into the
general fund.
(b) In addition to fees imposed by department rule and
regulation under subsection (a) of this section, the department
shall collect a surcharge of five dollars ($5.00) for each copy
of a certificate or record issued pursuant to this article and
five dollars ($5.00) for each five (5) year period or portion
thereof that a search of files or records is undertaken pursuant
to this article. Revenues collected from the surcharge imposed
under this subsection shall be deposited by the state treasurer
in accordance with the following:
(i) For the period from July 1, 2019 through June 30,
2024, seventy-five percent (75%) into the Wyoming children's
trust fund established under W.S. 14-8-106(a) and twenty-five
percent (25%) into the Wyoming children's income account
established under W.S. 14-8-106(b);
(ii) Beginning July 1, 2024, one hundred percent
(100%) into the Wyoming children's trust fund established under
W.S. 14-8-106(a).
(c) In addition to the fees imposed by department of
health rules under subsection (a) of this section and the
surcharges imposed under subsection (b) of this section, the
department shall collect a surcharge of five dollars ($5.00) for
each copy of a death certificate issued pursuant to this
article. Revenues collected from the surcharge imposed under
this subsection shall be deposited by the department in the
indigent persons burial account, which is hereby created. All
funds within the account shall be invested by the state
treasurer and all investment earnings from the account shall be
deposited in the account. Subject to legislative appropriation,
the department of family services shall disperse one-half (1/2)
of the funds within the account to counties that made a request
for reimbursement under W.S. 18-3-504(c) or 19-14-101(a) and the
remaining one-half (1/2) of funds shall be available to the
department of family services for expenses incurred under W.S.
42-2-103(c). If a legislative appropriation is insufficient to
reimburse all county reimbursement requests, the department of
family services shall disperse the available funds so that each
county that made a reimbursement request receives equal
percentage reimbursements.
35-1-429. Persons required to keep records.
(a) Every person in charge of an institution as defined in
this act shall keep a record of personal particulars and data
concerning each person admitted or confined to the institution.
The record shall be limited to information required by the
standard certificate of birth, death and stillbirth forms issued
under the provisions of this act. The record shall be made at
the time of admission from information provided by the person,
but when it cannot be so obtained, the same shall be obtained
from relatives or other persons acquainted with the facts. The
name and address of the person providing the information shall
be a part of the record.
(b) When a dead human body is released or disposed of by
an institution, the person in charge of the institution shall
keep a record showing the name of the deceased, date of death,
name and address of the person to whom the body is released,
date of removal from the institution, or if finally disposed of
by the institution, the date, place and manner of disposition.
(c) A funeral director, embalmer or other person who
removes from the place of death or transports or finally
disposes of a dead body or stillbirth, in addition to filing any
certificate or other form required by this act, shall keep a
record which shall identify the body, and such information
pertaining to his receipt, removal, and delivery of the body as
may be prescribed in regulations adopted by the division of
health and medical services.
(d) Records maintained under this section shall be
retained for a period of not less than ten (10) years and shall
be made available for inspection by the state registrar of vital
records or his representative upon demand.
35-1-430. Duties to furnish information relative to vital
events.
Any person having actual knowledge of the facts shall furnish
such information as he may possess regarding any birth, death,
stillbirth, marriage or divorce upon demand of the state
registrar of vital records.
35-1-431. Penalties.
(a) Any person who willfully and knowingly: (i) makes any
false statement in a report, record, or certificate required to
be filed under this act, or in an application for an amendment
thereof, or supplies false information intending that such
information be used in the preparation of any such report,
record, or certificate, or amendment thereof; or (ii) without
lawful authority and with the intent to deceive, makes, alters,
amends, or mutilates any report, record, or certificate required
to be filed under this act or a certified copy of such report,
record, or certificate; or (iii) uses or attempts to use, or
furnish to another for use, for any purpose of deception, any
certificate, record, report or certified copy thereof so made,
altered, amended, or mutilated; or (iv) with the intention to
deceive uses or attempts to use any certificate of birth or
certified copy of a record of birth knowing that such
certificate or certified copy was issued upon a record which is
false in whole or in part or which relates to the birth of
another person; or (v) furnishes a certificate of birth or
certified copy of a record of birth with the intention that it
be used by a person other than the person to whom the record of
birth relates; shall be punished by a fine of not more than one
hundred dollars ($100.00) or imprisoned not more than six (6)
months, or both.
(b) Any person who: (i) knowingly transports or accepts
for transportation, interment, or other disposition a dead body
without an accompanying permit as provided in this act; or (ii)
refuses to provide information required by this act; or (iii)
willfully neglects or violates any of the provisions of this act
or refuses to perform any of the duties imposed upon him by this
act; shall be punished by a fine of not less than one hundred
dollars ($100.00) or be imprisoned for not more than six (6)
months, or both.
ARTICLE 5 - INDUSTRIAL HEALTH SERVICE
35-1-501. Short title.
This act shall be cited as the Industrial Health Service Act of
1945.
35-1-502. Service of industrial hygiene created.
The state department of health is hereby authorized and
empowered to create and maintain a service of industrial hygiene
as the state health officer may deem necessary.
35-1-503. Investigations; annual report required.
The industrial hygiene service shall investigate places of
employment and study those conditions which might be responsible
for ill health of the industrial workers and submit a yearly
report to the state treasurer.
ARTICLE 6 - COMMUNITY HUMAN SERVICES
35-1-601. Repealed by Laws 1979, ch. 155, § 3.
35-1-602. Repealed by Laws 1979, ch. 155, § 3.
35-1-603. Repealed by Laws 1979, ch. 155, § 3.
35-1-604. Repealed by Laws 1979, ch. 155, § 3.
35-1-605. Repealed by Laws 1979, ch. 155, § 3.
35-1-606. Repealed by Laws 1979, ch. 155, § 3.
35-1-607. Repealed by Laws 1979, ch. 155, § 3.
35-1-608. Repealed by Laws 1979, ch. 155, § 3.
35-1-609. Repealed by Laws 1979, ch. 155, § 3.
35-1-610. Repealed by Laws 1979, ch. 155, § 3.
35-1-611. Short title.
This act shall be known as the "Community Human Services Act".
35-1-612. Purpose.
The purpose and intent of this act is to establish, maintain and
promote the development of a comprehensive range of services in
communities of the state to serve priority populations and other
persons affected by mental illness, substance use disorders, or
developmental disabilities, and to provide shelter and crisis
services for victims of family violence and sexual assault.
35-1-613. Definitions.
(a) As used in this act:
(i) "Community board" means a community mental health
board, a substance use disorder board, a developmental
disabilities board, or a family violence and sexual assault
board, or a board offering a combination of human services
programs, created under this act. For the purposes of this act
every community board is also a public agency;
(ii) "Developmental disabilities" means a disability
attributable to intellectual disability, cerebral palsy,
epilepsy, autism or any other neurological condition requiring
services similar to those required by persons with intellectual
disabilities, that has continued or can be expected to continue
indefinitely and constitutes a substantial impairment to the
individual's ability to function in society;
(iii) "Department" means the department of health;
(iv) "Human services program" means community
facilities, services and programs which exclusively or in part,
are used or operated to prevent or treat mental illness,
substance use disorders or developmental disabilities, to
provide shelter and crisis services for victims of family
violence or sexual assault or to provide other community based
services which serve a public purpose;
(v) "Mental illness" means a condition which is
manifested by a disorder or disturbance in behavior, feeling,
thinking or judgment to such an extent that care and treatment
are required, but does not include addiction to drugs or
alcohol, drug or alcohol intoxication or developmental
disabilities;
(vi) "Public agency" means an organization operated
by a unit of local government or a combination of governments or
agencies formed under the Wyoming Joint Powers Act;
(vii) "Substance" means alcoholic beverages and other
drugs;
(viii) "Substance use disorder" means the use,
without compelling medical reason, of any substance which
results in psychological or physiological dependency as a
function of continued use in such a manner as to induce mental,
emotional or physical impairment or to cause socially
dysfunctional behavior;
(ix) "Client" means any individual receiving services
from a human service program authorized under this act;
(x) "Crisis services for victims of family violence
and sexual assault" means emergency intervention, information,
referral services and medical, legal and social services
advocacy;
(xi) "Sexual assault" means any act made criminal
under W.S. 6-2-302 through 6-2-304 and 6-4-402;
(xii) "Family violence" means domestic abuse as
defined by W.S. 35-21-102(a)(iii);
(xiii) "Shelter" means a place of temporary refuge,
offered on a twenty-four (24) hour, seven (7) day per week basis
to victims of domestic violence and their children;
(xiv) "Adults with acute mental illness" means
persons who are subject to an emergency detention under W.S. 25-
10-109, an involuntary hospitalization order under W.S. 25-10-
110 or a directed outpatient commitment order under W.S. 25-10-
110.1, or who were released from an emergency detention or were
discharged from an involuntary hospitalization or directed
outpatient commitment order within the last six (6) months;
(xv) "Adults with severe mental illness" means
persons who, based on diagnosis and history, have a substantial
probability of being unable to meet their needs for food,
shelter and medical care if they do not receive regular mental
health treatment or case management;
(xvi) "Behavioral health center" means:
(A) A nationally accredited organization that is
licensed to conduct business in the state of Wyoming and
provides a comprehensive range of services for the treatment and
management of mental illness and substance use disorders for
priority populations; or
(B) For the purpose of federal reimbursement, a
tribal federally qualified health center or a behavioral health
service provider certified by the Indian health service of the
United States department of health and human services.
(xvii) "Families at high risk" means:
(A) Children who have been discharged from an
acute psychiatric facility or a psychiatric residential
treatment facility within the previous six (6) months, and their
immediate family members as defined by rule of the department of
family services;
(B) A child or the parent, legal guardian or
other immediate family member of a child, as defined by rule of
the department of family services, who has been referred to a
behavioral health center by the department of family services
for treatment for a mental illness or a substance use disorder
and the treatment is necessary to prevent the removal of the
child from the child's home or to reunify the child with the
child's family;
(C) A child who has been referred to a
behavioral health center by a youth crisis shelter, school,
primary care provider, licensed therapist or law enforcement
officer for treatment for mental illness or a substance use
disorder that impacts the child's life.
(xviii) "General access clients" means persons who do
not meet the definition of a priority population under paragraph
(xxii) of this subsection;
(xix) "Indigent general access clients" means persons
who do not have private or public health insurance that provides
coverage for mental illness or substance use disorder treatment
and whose total household income is not more than two hundred
percent (200%) of the federal poverty level;
(xx) "Indigent clients with high needs" means persons
who meet the definition of indigent general access clients under
paragraph (xix) of this subsection and who have a mental illness
or substance use disorder that substantially impairs their
ability to function in society;
(xxi) "Nonstate level justice involved" means:
(A) Persons who within the previous six (6)
months have been placed on probation and made subject to an
intensive supervision program under W.S. 7-13-1102 that includes
treatment for a mental illness or a substance use disorder;
(B) Persons who within the previous six (6)
months have been convicted of or pled nolo contendere to a
criminal offense and ordered to enroll in a treatment program
for a mental illness or substance use disorder as part of their
sentence;
(C) Persons on probation, parole or who have
been conditionally released, who within the previous six (6)
months have been sanctioned under W.S. 7-13-1802(b)(iv) through
(vi) and ordered to receive treatment for a mental illness or a
substance use disorder;
(D) Qualified offenders under W.S. 7-13-1301
through 7-13-1304 who within the previous six (6) months have
been ordered to receive treatment for a substance use disorder.
(xxii) "Priority population" means any person, as
determined by the department, who falls into any of the
following categories:
(A) State level justice involved;
(B) Nonstate level justice involved;
(C) Families at high risk;
(D) Adults with acute mental illness;
(E) Adults with severe mental illness;
(F) Indigent clients with high needs;
(G) Indigent general access clients.
(xxiii) "State level justice involved" means persons
that within the previous six (6) months have been released or
paroled from an institution as defined by W.S. 7-13-401(a)(vi)
or who are awaiting admission to, evaluation from or have been
evaluated by a facility as defined under W.S. 7-11-301(a)(ii)
and who require continuing treatment for a mental illness or
substance use disorder;
(xxiv) "This act" means W.S. 35-1-611 through 35-1-
627.
35-1-614. Counties, school districts and cities may
contract for human services programs; counties may establish
community boards.
(a) A county may contract with behavioral health centers
or private or public agencies to provide human services programs
for the county. The county may appropriate funds for the
programs.
(b) A municipality may contract with behavioral health
centers or private agencies or a community board to provide
human services programs for the municipality. The municipality
may appropriate funds for the programs.
(c) A school district may contract with behavioral health
centers or private or public agencies to provide human services
programs for school age children.
(d) A county may establish, or two (2) or more counties
may agree to establish a community board, or community boards in
accordance with this act. A community board shall provide human
services to the entire county or counties in which it is
established. A community board may offer one (1) or more
services for persons affected by mental illness, substance use
disorders, developmental disabilities or victims of family
violence or sexual assault.
35-1-615. Community board is agency of county;
appropriations; joint community board agreements.
(a) A community board is an agency of the county
government.
(b) A county which establishes or agrees to establish a
community board, or community boards may appropriate funds for
human services programs.
(c) When two (2) or more counties have agreed to establish
a community board, the funds appropriated by the counties shall
be expended by the board in accordance with the agreement
between the counties. The agreement shall require each county
to bear a cost proportionate to the services provided in the
county. The agreement may specify that, for particular
purposes, officers and employees of a joint community board are
considered employees of a participating county.
35-1-616. Community boards; membership; appointment; terms
of office; removal; vacancies; compensation.
(a) A community or joint board shall consist of not more
than nine (9) members, unless the board is comprised of members
from two (2) or more counties in which event the board shall
consist of not more than fifteen (15) members.
(b) The members of a community board shall be appointed by
the county commissioners. When two (2) or more counties have
agreed to establish a community board, the county commissioners
of each participating county shall appoint members as provided
in the agreement of the counties. The members appointed by each
county shall represent their county on the community board.
(c) Members of community boards shall serve for rotating
terms of four (4) years. Of the members first appointed,
one-third (1/3) shall be appointed for two (2) years, one-third
(1/3) for three (3) years and one-third (1/3) for four (4)
years. No member shall serve more than two (2) consecutive
terms.
(d) A member of a community board may be removed by the
appointing authority for neglect of duty, misconduct or
malfeasance in office after receiving a written statement of
charges and an opportunity to be heard.
(e) Vacancies shall be filled for unexpired terms in the
same manner as original appointments.
(f) The members of a community board may receive per diem
compensation and may be allowed necessary and actual expenses to
be audited and paid in the same manner as other expenses of the
county.
35-1-617. Community boards; meetings; officers.
(a) A majority of the board constitutes a quorum. All
actions of the board shall be approved by a majority of those
present at the meeting.
(b) A community board shall elect from its members a
chairman to preside at meetings, a secretary to maintain the
records and a finance officer who shall file with the board a
bond with an approved corporate surety in the penal sum
designated by the board.
35-1-618. Community boards; powers.
(a) For each human services program authorized by the
county commissioners the community boards may contract with a
behavioral health center or a local public or private nonprofit
provider or:
(i) Appoint a director whose qualifications meet the
standards fixed by the division;
(ii) Prescribe the director's duties and fix his
compensation;
(iii) Make rules or regulations relating to the
operation of services and facilities under the board's
supervision, including a reasonable schedule of fees not
inconsistent with the division's uniform fee schedule;
(iv) Contract for facilities or support services;
(v) Accept donations of money or property; and
(vi) Expend funds for the purposes and programs of
the community board, including necessary capital construction,
as authorized by the county commissioners.
35-1-619. Community boards; duties.
(a) Subject to this act, a community board shall:
(i) Review and evaluate human services programs
operating within its jurisdiction;
(ii) Submit to the commissioners for the county of
which it is an agency a comprehensive plan for the
establishment, development and promotion of human services
programs;
(iii) Insure that the human services programs which
are authorized by the county commissioners and funded by the
county or the division are executed and maintained; and
(iv) Insure that clients are charged fees for
services promulgated by the division.
35-1-620. Powers and duties of the department and its
divisions.
(a) The department through its divisions may:
(i) Enter into cooperative contracts with behavioral
health centers, private agencies, public agencies and community
boards by negotiation without competitive bids or by competitive
bidding. The department shall not contract with any entity which
is not in substantial compliance with the standards and
guidelines under subsection (b) of this section. The department
shall not contract with any entity to purchase shelter and
crisis services for victims of domestic abuse or sexual assault;
(ii) Consult with and advise community boards,
political subdivisions, nonprofit corporations, state agencies,
health and medical groups within the state and the United States
public health service about standards for the promotion of
services to residents of Wyoming for the prevention, diagnosis
and treatment of mental illness, substance use disorders and
developmental disabilities and for the provision of other
community based services which serve a public purpose.
(b) The department shall:
(i) Prescribe professional standards for personnel
providing services purchased in whole or in part by the state
under this act. The standards do not replace the standards for
licensing under any other Wyoming law;
(ii) Prescribe standards for the quality of human
services programs which provide state funded services under this
act;
(iii) Establish payment policies for state funded
services provided to priority populations that take into account
a client's ability to pay and utilize general funds authorized
for expenditure as the payment of last resort;
(iv) Repealed by Laws 2021, ch. 79, § 2.
(v) Repealed by Laws 2021, ch. 79, § 2.
(vi) Prioritize behavioral health centers as the
providers of state funded services. If a behavioral health
center cannot provide sufficient services, the department shall
select the most appropriate service provider in order to achieve
an effective and efficient delivery of mental illness and
substance use disorder services and human services programming;
(vii) Repealed by Laws 2021, ch. 79, § 2.
(viii) Repealed by Laws 2021, ch. 79, § 2.
(ix) Prioritize the delivery of state funded services
to priority populations and allocate those services between
priority populations in the following order of priority, with
tier 1 being the highest priority and tier 3 being the lowest
priority among priority populations:
(A) Tier 1: priority populations specified under
W.S. 35-1-613(a)(xxii)(A) through (E);
(B) Tier 2: priority populations specified under
W.S. 35-1-613(a)(xxii)(F), who do not otherwise qualify under
Tier 1;
(C) Tier 3: priority populations specified under
W.S. 35-1-613(a)(xxii)(G), who do not otherwise qualify under
Tiers 1 or 2.
(x) Subject to subsection (c) of this section, the
priority populations tier requirements under paragraph (ix) of
this subsection and in addition to other contractual payments to
behavioral health centers and other service providers under this
act, the department may provide essential subsidy payments to
eligible behavioral health centers, or to other eligible service
providers under paragraph (vi) of this subsection, to help defer
continuing operating costs needed to provide services to
priority populations. A behavioral health center or other
service provider under paragraph (vi) of this subsection shall
be eligible to receive essential subsidy payments only upon
demonstrating a need for operational cost assistance as
determined by rule of the department. The amount of any
essential subsidy payment shall be subject to available funding
and based on service needs as demonstrated by the behavioral
health center;
(x) Subject to subsection (c) of this section, the
priority populations tier requirements under paragraph (ix) of
this subsection and in addition to other contractual payments to
behavioral health centers and other service providers under this
act, the department shall provide essential subsidy payments to
eligible behavioral health centers, or to other eligible service
providers under paragraph (vi) of this subsection, to help defer
continuing operating costs needed to provide services to
priority populations. A behavioral health center or other
service provider under paragraph (vi) of this subsection shall
be eligible to receive essential subsidy payments only upon
demonstrating a need for operational cost assistance as
determined by rule of the department. The amount of any
essential subsidy payment shall be subject to available funding
and based on the total population of the geographic area served
by the behavioral health center or other provider and the number
of other behavioral health care providers within a thirty-five
(35) mile radius;
(x) Subject to subsection (c) of this section, the
priority populations tier requirements under paragraph (ix) of
this subsection and in addition to other contractual payments to
behavioral health centers and other service providers under this
act, the department may provide essential subsidy payments to
eligible behavioral health centers, or to other eligible service
providers under paragraph (vi) of this subsection, to help defer
continuing operating costs needed to provide services to
priority populations. A behavioral health center or other
service provider under paragraph (vi) of this subsection shall
be eligible to receive essential subsidy payments only upon
demonstrating a need for operational cost assistance as
determined by rule of the department. The amount of any
essential subsidy payment shall be subject to available funding
and based on service needs as demonstrated by the behavioral
health center;
(xi) Prioritize behavioral health centers for the
delivery of gatekeeping services as provided by W.S. 25-10-
112(g) and only assume the expenses associated with a gatekeeper
under W.S. 25-10-112(j) when the gatekeeper has been contracted
through a behavioral health center.
(c) Behavioral health centers may provide mental health or
substance use disorder services to general access clients
provided that the service is funded through any combination of
sources other than state funding for priority populations under
this section. Behavioral health centers may use the facilities,
supplies and personnel funded under paragraph (x) of this
subsection to provide services to general access clients
provided services to priority populations are not materially
diminished. When the means of the state allow, the department is
authorized to seek funding through the budget process to deliver
mental health or substance use disorder services to general
access clients.
35-1-621. All state funds for human services contracted to
department; federal and private funding not affected.
A state agency which provides state or federal funds to a
community based mental health, substance use disorder,
developmental disabilities or other human services program shall
contract the funds to the department. The department shall
expend the funds in accordance with W.S. 9-2-102 and this act.
This section does not impair the ability of community based
programs to apply for or receive funds directly from federal or
private sources, subject to W.S. 35-1-620(b)(i).
35-1-622. Department; budget requests; purchase of service
contracts.
(a) The department's budget request shall recommend:
(i) The types of services that the division shall
purchase, in accordance with the priority populations tier
requirements provided by W.S. 35-1-620(b)(ix), which shall not
include shelter and crisis services for victims of domestic
abuse or sexual assault;
(ii) The levels of services that the division shall
purchase based on population, needs assessment, regional cost
differences necessary to provide reasonably similar access to
services and other criteria; and
(iii) The quality of services that the division shall
purchase.
(b) Repealed by Laws 2021, ch. 79, § 2.
35-1-623. Contracts; reports; regular payments;
termination.
(a) Every contract awarded pursuant to this act shall
require:
(i) The provider to submit annual financial and
expenditure reports to the department;
(ii) The division to make regular payments to the
provider based on the services provided;
(iii) Compliance with W.S. 18-3-516(e).
(b) The division shall terminate a contract with a
behavioral health center or other provider made under this act
when the division finds, after a hearing in accordance with W.S.
16-3-107 through 16-3-112 if requested by the provider, that the
provider is not using contract funds for contract purposes, or
that a contract is not being administered in accordance with
this act.
35-1-624. Repealed by Laws 2021, ch. 79, § 2.
35-1-625. Protection of clients' rights.
(a) Every contract awarded under this act shall require
the provider to guarantee the clients' rights to:
(i) An individualized plan of appropriate services
which provides for the least restrictive treatment that may
reasonably be expected to benefit the client;
(ii) Send and receive sealed mail;
(iii) Wear his own clothing, to keep and use personal
possessions, including toilet articles, unless the articles may
be used to endanger their own or others' lives, and to keep and
be allowed to spend his own money;
(iv) Be free from physical restraints and isolation
except for emergency situations or when isolation or restraint
is a part of a treatment program;
(v) Be free from unnecessary or excessive medication;
(vi) Make and receive telephone calls within
reasonable limits;
(vii) Receive visitors daily; and
(viii) Be informed orally and in writing of the
rights under this section at the time of admission.
(b) Every contract awarded under this act shall require
the provider to:
(i) Post copies of this section conspicuously in each
client area;
(ii) Make copies of this section available to the
client's guardian or immediate family.
35-1-626. Isolation; restraint; medication.
(a) Isolation or restraint of a client may be used only
when less restrictive measures are ineffective or not feasible
for the welfare of the client and shall be used for the shortest
time possible. Each center or facility shall have a written
policy covering the use of restraint or isolation which ensures
that the dignity and safety of the individual are protected and
that there is regular, frequent monitoring by trained staff.
(b) No medication may be administered to a client except
on the written order of a physician. A record of the medication
which is administered to each patient shall be kept in his
treatment record. Medication may not be used as punishment, for
the convenience of staff or in quantities that interfere with a
client's treatment program.
35-1-627. Examination of accounts.
The governing body of any entity receiving state funds under
this act shall not less than every two (2) years cause to be
made an audit or other oversight of the financial affairs and
transactions of all funds and activities of the entity in
accordance with W.S. 16-4-121(b) and (c) and 16-4-122. Costs of
the audit or other oversight shall be borne by the entity.
Copies of audit reports or other reports shall be submitted to
the division upon completion. The director of the state
department of audit may examine the accounts of any entity
receiving state funds under this act. The legislative service
office may audit the accounts of any entity. These accounts
shall be maintained in a manner to guarantee confidentiality of
the patient's identity. The state auditor and treasurer shall
not disburse any state money to any entity refusing access to
its accounts and records for the purposes of this section.
35-1-628. Community based respite care services.
(a) The department of health shall develop and administer
a statewide program to provide community based respite care
services to families with a member age birth to twenty-one (21)
years who has developmental disabilities who is not eligible for
home and community based waiver services under medicaid. This
program shall be designed so as to permit persons with
developmental disabilities who are under twenty-one (21) years
of age to be cared for by the family to the greatest extent
possible. The department in consultation with the Wyoming
governor's council on developmental disabilities shall:
(i) Establish criteria for eligibility for respite
care services which shall include consideration of:
(A) The family's need for services, including
factors such as the demonstrated willingness and ability of
family members to provide care and special requirements of the
family member with a developmental disability;
(B) Family income;
(C) Family expenses, including those related to
care of the individual with a developmental disability;
(D) Reasonable payment by the family for respite
care services provided.
(ii) By rule and regulation limit the ability of
individual eligible families to use the program so that all
eligible families are able to use the program without exceeding
the appropriation available;
(iii) Promulgate rules and regulations necessary for
the administration of the program.
(b) As used in this section:
(i) "Developmental disability" means a severe,
chronic disability of a person which is attributable to a
mental, emotional or physical impairment or combination of
impairments, manifested before the person attains twenty-two
(22) years of age, is likely to continue indefinitely and
results in substantial functional limitations in three (3) or
more of the following areas:
(A) Self-care;
(B) Receptive and expressive language;
(C) Learning;
(D) Mobility;
(E) Self-direction;
(F) Capacity for independent living; and
(G) Economic self-sufficiency.
(ii) "Respite care" means care of a developmentally
disabled person by a competent person, trained to meet the
individualized needs of a child who meets the eligibility
criteria of this program, for short periods of time to allow
other members of the family reprieve from continuous care.
ARTICLE 7 - SCHOOL HEALTH
35-1-701. Joint committee created.
A joint committee on school health composed of the state
department of education and the state department of health is
hereby created and established.
35-1-702. Duties of joint committee; limitation upon
application of policies.
It shall be the duty of the joint committee on school health to
prescribe uniform policies regarding the medical services,
sanitary environment and health instruction of the school
children. Provided that any policies prescribed relating to
medical treatment or physical examination shall not be
applicable to any student whose parent or guardian in writing
objects to such regulation on religious grounds. Such objection
shall not exempt the student from the quarantine laws of the
state, nor prohibit an examination for infectious or contagious
diseases.
ARTICLE 8 - EMERGENCY MEDICAL SERVICES AND TRAUMA SYSTEM
35-1-801. Department of health to develop comprehensive
emergency medical services and trauma system.
The department of health shall develop a comprehensive emergency
medical services and trauma system.
35-1-802. Designation of trauma areas; trauma system
hospitals.
(a) The department of health shall designate within the
state trauma areas consistent with local resources, geography
and current patient referral patterns.
(b) Each trauma area shall have:
(i) Medical control for all field care and
transportation consistent with geographic and current
communications capability;
(ii) Specified triage protocols;
(iii) Hospitals categorized according to existing
standards of the department.
(c) On and after July 1, 1993, the department may
designate trauma system hospitals in areas that meet state
objectives and standards.
(d) On or after July 1, 1994, the department may implement
area trauma system plans.
35-1-803. Trauma system hospitals designation.
Applications to be categorized or designated as trauma system
hospitals shall be made upon forms provided by the department of
health.
35-1-804. Department of health to promulgate rules;
contents.
The department shall promulgate reasonable rules and regulations
which specify state trauma system objectives and standards,
hospital categorization criteria and criteria and procedures to
be utilized in designating trauma system hospitals and for the
prevention of trauma and injuries. The rules shall be in
conformance with the most current standards of the American
college of surgeons committee on trauma standards, but may be
expanded into further categories.
35-1-805. Duties of the department of health.
The department of health shall identify the causes of trauma in
Wyoming and propose programs of prevention thereof for
consideration by the legislature, health care providers and
other agencies concerned with accident prevention or aftercare.
ARTICLE 9 - MEDICAL MALPRACTICE INSURANCE ASSISTANCE ACCOUNT
35-1-901. Repealed by Laws 2021, ch. 149, § 3.
35-1-902. Repealed by Laws 2016, ch. 37, § 2.
35-1-903. Repealed by Laws 2021, ch. 149, § 3.
ARTICLE 10 - WYOMING CRITICAL ACCESS/RURAL HOSPITAL ENDOWMENT
35-1-1001. Wyoming critical access or rural hospital
endowment challenge program.
The Wyoming critical access/rural hospital endowment challenge
program is created.
35-1-1002. Definitions.
(a) As used in this article:
(i) "Challenge account" means the critical access or
rural hospital endowment challenge account created under this
article;
(ii) "Critical access or rural hospital" means:
(A) A county hospital established pursuant to
W.S. 18-8-101, et seq., or a special district hospital
established pursuant to W.S. 35-2-401, et seq., that is
certified to receive cost-based reimbursement from Medicare or
has forty (40) beds or less; or
(B) A hospital that is certified to receive
cost-based reimbursement from Medicare or has forty (40) beds or
less which is owned by a private not for profit entity and is
operated in a county in this state in which there is no hospital
meeting the requirements of subparagraph (A) of this paragraph.
(iii) "Endowment gift" means an irrevocable gift or
transfer to a Wyoming critical access or rural hospital
foundation of money or other property, whether real, personal,
tangible or intangible, and whether or not the donor or
transferor retains an interest in the property, where the gift
or the foundation's interest in the property is required to be
used by the foundation exclusively for endowment purposes,
provided:
(A) The gift was received or the transfer
occurred during the period July 1, 2007, through June 30, 2014;
or
(B) A commitment to make the gift or transfer
was made in writing to the respective critical access or rural
hospital foundation, which commitment was received during the
period July 1, 2007, through June 30, 2014, and the gift was
received or the transfer occurred not later than June 30, 2015.
(iv) "Foundation" means an organization established
for each critical access or rural hospital that among other
purposes, exists to generate additional revenues for critical
access or rural hospital programs and activities;
(v) "Permanent endowment funds managed by a Wyoming
critical access or rural hospital foundation" means the
endowment funds that are invested by the respective Wyoming
critical access or rural hospital foundation on a permanent
basis and the earnings on those investments are dedicated to be
expended exclusively to benefit and promote the mission,
operation or any program or activity of the respective critical
access or rural hospital, including but not limited to capital
and programmatic expenses, healthcare, increases to the corpus
of the endowment and to defray reasonable costs of endowment
administration;
(vi) "Unobligated," for purposes of W.S. 35-1-
1003(b), means no commitment meeting the requirements of
subparagraph (iii)(B) of this subsection was received prior to
June 30, 2012.
35-1-1003. Wyoming critical access or rural hospital
endowment challenge account.
(a) The Wyoming critical access or rural hospital
endowment challenge account is created and, until June 30, 2013,
shall consist of separate accounts, one (1) account for each
Wyoming critical access or rural hospital.
(b) On June 30, 2012, from amounts which are within the
challenge account, or as necessary within separate accounts
which are unobligated, one million five hundred thousand dollars
($1,500,000.00) shall be segregated within the endowment
challenge account for distribution as provided in W.S.
35-1-1004(k).
(c) The state treasurer shall invest funds within the
account created under subsection (a) of this section and shall
deposit the earnings from account investments to the general
fund.
(d) Repealed by Laws 2025, ch. 63, § 2.
35-1-1004. Endowment challenge account matching program;
matching payments; agreements with foundations; annual reports.
(a) Until June 30, 2012, funds within the challenge
account shall be expended as provided in this subsection. Funds
within a separate account which are obligated for commitments
made prior to July 1, 2012 shall remain in the separate account
to fulfill the obligation in accordance with this subsection
until June 30, 2013. From and after July 1, 2012 funds in the
challenge account shall be expended as provided in subsection
(k) of this section. To the extent funds are available in the
separate account of any critical access or rural hospital within
the endowment challenge account, the state treasurer shall match
endowment gifts actually received by that critical access or
rural hospital's foundation. A match shall be paid under this
subsection by the state treasurer at the time any accumulated
amounts actually received by a critical access or rural hospital
foundation total ten thousand dollars ($10,000.00) or more. The
match shall be made by transferring from the separate challenge
account to the appropriate critical access or rural hospital
board of trustees an amount equal to the amount accumulated by
the foundation or, if the critical access or rural hospital was
eligible to receive revenues from any tax imposed under W.S.
35-2-414(b) and (c) and a tax was not levied or was levied
pursuant to one (1) but not both of those subsections, an amount
equal to fifty percent (50%) of the amount accumulated by the
foundation. The board shall immediately transfer all matching
funds received to its foundation. The critical access or rural
hospital foundation shall match the funds received under this
subsection with an equal amount of foundation funds to be
managed in accordance with subsection (b) of this section.
(b) Each critical access hospital shall enter into an
agreement with its foundation under which the foundation shall
manage the matching funds received under subsection (a) of this
section in the same manner as other permanent endowment funds
are managed by its foundation, including the permanent
investment of funds, maintenance of the fund corpus as inviolate
and the expenditure of fund earnings for endowment purposes
only.
(c) Earnings from endowment funds established with
matching funds under this section shall be expended only for the
purpose of the endowment, including increasing the balance in
the fund corpus and reasonable costs of administration.
(d) The state treasurer shall make transfers to the
appropriate critical access hospital board under this section
not later than the end of the calendar quarter following the
quarter during which foundation gifts total at least ten
thousand dollars ($10,000.00). If gifts are made through a
series of payments or transfers, no matching funds shall be
transferred under this section until the total value of all
payments or transfers actually received totals at least ten
thousand dollars ($10,000.00).
(e) Matching funds paid under this section shall not be
distributed to or encumbered by any critical access or rural
hospital foundation in excess of the amount in the challenge
account for that critical access or rural hospital. Matching
funds shall not be transferred to any critical access or rural
hospital board by the state treasurer or from any such board to
a foundation except to match gifts actually received by the
foundation.
(f) If the foundation's board of any critical access or
rural hospital determines that the purpose of an endowment gift
to the critical access or rural hospital is not consistent with
the mission or capability of that critical access or rural
hospital, the gift shall not qualify for matching funds under
this section.
(g) For the purpose of computing the matching amount, the
state treasurer shall use the value of an endowment gift based
upon its fair market value at the time the gift is received by
the critical access or rural hospital foundation. The critical
access or rural hospital shall provide evidence of fair market
value for any gift if requested by the state treasurer and shall
fund the cost of providing any requested evidence.
(h) Each critical access or rural hospital shall on or
before October 1 of each year submit a report to the state
treasurer from its foundation on the endowment matching program
under this section for the preceding fiscal year. The report
shall include a financial summary and a review of the
accomplishments resulting from endowment program expenditures.
The report required under this subsection shall be for each
applicable fiscal year through June 30, 2015.
(j) Notwithstanding any other provision of this article,
for any critical access or rural hospital qualifying under the
provisions of W.S. 35-1-1002(a)(ii)(B), funds provided under
this article shall be disbursed only to the board of county
commissioners in which the hospital is located. The board of
county commissioners shall provide those funds to the critical
access or rural hospital under contract between the board of
county commissioners and the critical access or rural hospital,
which contract shall incorporate all provisions of this article
and which shall control the distribution and use of those funds.
(k) From and after July 1, 2012, to the extent a critical
access or rural hospital has not received matching funds under
this article totaling at least two hundred fifty thousand
dollars ($250,000.00), and to the extent funds segregated under
W.S. 35-1-1003(b) are available in the challenge account, the
state treasurer shall match endowment gifts actually received by
that critical access or rural hospital’s foundation. A match
shall be paid under this subsection by the state treasurer at
the time any accumulated amounts actually received by a critical
access or rural hospital foundation total ten thousand dollars
($10,000.00) or more. The match shall be made by transferring
from the challenge account to the appropriate critical access or
rural hospital board of trustees an amount equal to the amount
accumulated by the foundation or, if the critical access or
rural hospital was eligible to receive revenues from any tax
imposed under W.S. 35-2-414(b) and a tax was not levied pursuant
to that subsection, an amount equal to fifty percent (50%) of
the amount accumulated by the foundation. The board shall
immediately transfer all matching funds received to its
foundation. The critical access or rural hospital foundation
shall match the funds received under this subsection with an
equal amount of foundation funds to be managed in accordance
with subsection (b) of this section.
ARTICLE 11 - PROVIDER RECRUITMENT GRANT PROGRAM
35-1-1101. Provider recruitment grant program.
(a) There is created the Wyoming provider recruitment
program administered by the department.
(b) There is created the Wyoming provider recruitment
account. Funds in the account are continuously appropriated to
the department to provide grants for provider recruitment. Up
to ten percent (10%) of the funds may be used to advertise the
provider recruitment program.
(c) Subject to the availability of funds, the department
shall solicit provider recruitment applications from hospitals,
physicians and others seeking to recruit providers. The
applications shall be prioritized by need based on geographic
area, then by medical need within the geographic area. Priority
shall be given to recruitment of private practice providers.
The department shall issue award letters to the persons or
entities receiving grant authorizations within sixty (60) days
after the close of an application period. The grant
authorizations shall authorize the person or entity receiving
it, for a period of one (1) year, to make a firm offer of
recruitment incorporating the benefits authorized by this
section to a candidate, conditioned upon Wyoming licensure and
the candidate's signed written agreement to the conditions of
this section.
(d) The department shall promulgate rules and regulations
to administer the program, including provisions for:
(i) Application forms for grants under the program;
(ii) Termination of grants and full or partial
repayment if a provider fails to comply with the conditions of
this section, rules and regulations of the department adopted
pursuant to this section or the terms of the written incentive
agreement;
(iii) Reporting requirements for grant recipients.
(e) Grants provided under this section shall be subject to
the following:
(i) The provider shall be recruited to a stipulated
geographic area;
(ii) A provider shall relocate his practice to the
state of Wyoming from outside of the state to be eligible for a
grant. Providers relocating to the state of Wyoming to become
employed by the state or by the United States shall not be
eligible for grants. The requirement to relocate pursuant to
this paragraph shall not apply to providers recruited from a
family practice residency in the state or recruitment of
providers employed by the United States department of defense;
(iii) The recruitment conditions between a hospital
and a physician shall meet the conditions set forth in 42 C.F.R.
411.357(e), as amended;
(iv) Recruitment of new providers shall be based on
demonstrable need. Those recruiting persons or entities
demonstrating the greatest need, in the discretion of the
department shall be given the highest priority in receiving
grants pursuant to this section;
(v) All recruitment incentives shall be in writing
and shall be reported on federal income tax forms;
(vi) The recruited provider shall agree to provide
medical services in the community to which he was recruited for
a period of not less than two (2) years or the recruiting entity
shall repay any monies granted under subparagraphs (e)(viii)(B)
through (D) of this section to the state of Wyoming plus
interest at the rate of ten percent (10%) per annum;
(vii) The recruited provider shall agree to provide
medical care for not less than two (2) years in underserved
areas of the state and shall accept patients qualified under the
Medical Assistance and Services Act, Title XVIII of the federal
Social Security Act and the child health insurance program who
seek medical care which the health care provider is qualified to
provide or the recruiting entity shall repay any monies granted
under this section to the state of Wyoming plus interest at the
rate of ten percent (10%) per annum;
(viii) Costs reimbursed through grants under the
program shall be documented by the provider as required by the
department and may include:
(A) As incentive to the provider recruitment
process, recruitment actual costs, up to ten thousand dollars
($10,000.00) per recruited provider, may be awarded to the
successful recruiting person or entity paying those costs;
(B) Relocation expenses, not to exceed twenty
thousand dollars ($20,000.00);
(C) Malpractice insurance premium for two (2)
years, not to exceed ten thousand dollars ($10,000.00) per year;
(D) Signing bonuses not to exceed thirty
thousand dollars ($30,000.00).
(ix) Repealed by Laws 2015, ch. 89, § 2.
(x) Repealed by Laws 2015, ch. 89, § 2.
(f) As used in this section:
(i) "Department" means the department of health;
(ii) "Hospital" means a county memorial, rural health
care district or special hospital district formed and licensed
under the laws of the state;
(iii) "Physician" means an individual licensed or
eligible to be licensed under the laws of this state to practice
medicine;
(iv) "Program" means the Wyoming provider recruitment
grant program;
(v) "Recruiting entity" means a hospital, physician,
clinic or other appropriate local organization;
(vi) "Provider" means an individual licensed or
eligible to be licensed in a health care profession under title
33 of the Wyoming statutes.
ARTICLE 12 - PALLIATIVE CARE
35-1-1201. Repealed by Laws 2022, ch. 55, § 1.
35-1-1202. Repealed by Laws 2022, ch. 55, § 2.
35-1-1203. Repealed by Laws 2022, ch. 55, § 1.
35-1-1204. Repealed by Laws 2022, ch. 55, § 1.
35-1-1205. Sunset.
W.S. 35-1-1201, 35-1-1203 and 35-1-1204 are repealed effective
July 1, 2023.
CHAPTER 2 - HOSPITALS, HEALTH CARE FACILITIES AND HEALTH
SERVICES
ARTICLE 1 - IN GENERAL
35-2-101. Repealed by Laws 1989, ch. 277, § 2.
35-2-102. Repealed by Laws 1989, ch. 277, § 2.
35-2-103. Repealed by Laws 1989, ch. 277, § 2.
35-2-104. Repealed by Laws 1989, ch. 277, § 2.
35-2-105. Repealed by Laws 1989, ch. 277, § 2.
35-2-106. Repealed by Laws 1989, ch. 277, § 2.
35-2-107. Repealed by Laws 1989, ch. 277, § 2.
35-2-108. Repealed by Laws 1989, ch. 277, § 2.
35-2-109. Repealed by Laws 1989, ch. 277, § 2.
35-2-110. Repealed by Laws 1989, ch. 277, § 2.
35-2-111. Repealed by Laws 1989, ch. 277, § 2.
35-2-112. Repealed by Laws 1989, ch. 277, § 2.
35-2-113. Doctors of medicine, osteopathy, chiropractic,
dentistry or podiatrists may practice in public hospitals.
Any hospital owned by the state, or any hospital district,
county or city thereof, and any hospital whose support, either
in whole or in part, is derived from public funds, shall be open
for practice to doctors of medicine, doctors of osteopathy,
doctors of chiropractic, doctors of dentistry and podiatrists,
who are licensed to practice medicine or surgery, chiropractic,
dentistry or podiatry in this state. Provided, however, that
these hospitals by appropriate bylaws shall promulgate
reasonable and uniform rules and regulations covering staff
admissions and staff privileges. Admission shall not be
predicated solely upon the type of degree of the applicant and
the governing body shall consider the competency and character
of each applicant.
35-2-114. Liability insurance authorized; effect of
procurement.
(a) The governing body of any county memorial hospital,
hospital district or other governmental agency which provides
health care services or mental health services within this state
may procure any type or amount of liability insurance coverage
as it deems prudent to cover any loss by reason of liability for
damages on account of injury, sickness or disease, death,
property loss or damage. This shall not be construed as creating
a liability of such county memorial hospital, hospital district
or governmental agency insuring itself, nor shall the failure to
procure any such insurance be construed as creating any
liability of the county memorial hospital, hospital district or
other governmental agency.
(b) To the extent of any such insurance coverage procured
by a county memorial hospital, hospital district or other
governmental agency providing health care or mental health
services, the defense of governmental immunity is expressly
waived. All defenses which would be available to a private
corporation in an action against the corporation are available
to the county memorial hospital, hospital district or other
health care governmental agency.
(c) None of these provisions shall be construed as waiving
the individual immunity of any employee, board member or officer
of a county memorial hospital, hospital district or other health
care governmental agency when the person is acting within the
scope of his employment or authority.
35-2-115. Emergency services.
(a) Emergency service and care shall be provided, at the
regularly established charges of the hospital, to any person
requesting such services or care, or for whom such services or
care is requested, for any condition in which the person is in
danger of loss of life, or serious injury or illness, at any
hospital licensed in the state of Wyoming that maintains and
operates emergency services to the public when such hospital has
appropriate facilities and qualified personnel available to
provide such services or care.
(b) Neither the hospital, its employees, nor any physician
licensed to practice in the state of Wyoming shall be held
liable in any action arising out of a refusal to render
emergency services or care at such licensed hospital, if
ordinary medical care and skill is exercised in determining the
condition of the person, and a decision is made that such
refusal shall not result in any permanent illness or injury to
such person or a decision is made that sufficient qualified
personnel are not available to treat said person, or a decision
is made that facilities or equipment are not available to treat
said person or in determining the appropriateness of the
facilities, the qualifications and availability of personnel to
render such services.
35-2-116. Repealed by Laws 1983, ch. 63, § 2.
35-2-117. Repealed by Laws 1983, ch. 63, § 2.
35-2-118. Reserved.
35-2-119. Repealed by Laws 1989, ch. 277, § 2.
35-2-120. Repealed by Laws 1989, ch. 277, § 2.
35-2-121. Repealed by Laws 1987, ch. 52, § 1.
35-2-122. In-person visitation with clergy members.
(a) As used in this section:
(i) "Clergy member" means a rabbi, priest, minister
or any person acting as a lay religious counselor of any
religious denomination or sect;
(ii) "Health care facility" includes but is not
limited to as defined in W.S. 35-2-901(a)(x);
(iii) "Public health emergency" means as defined in
W.S. 35-4—115(a)(i).
(b) Except as provided in subsection (c) of this section,
no health care facility shall prohibit a resident or patient of
that facility from receiving in-person visitation with a clergy
member during a public health emergency, provided that the
visitation is at the request of:
(i) The patient or resident; or
(ii) The patient's or resident's legally authorized
representative, including a family member of the patient or
resident, if the patient or resident is incapacitated.
(c) During a public health emergency, a health care
facility may impose and enforce requirements promulgated under
W.S. 35-1-240 or by the centers for disease control and
prevention, the centers for Medicaid and Medicare services, the
state health officer under W.S. 35-1-240, the joint commission
on the accreditation of healthcare organizations or other
accredited organizations that provide deemed status on behalf of
the centers for Medicaid and Medicare services for health care
for clergy members to comply with to visit patients or residents
of that facility. A health care facility shall not prohibit a
clergy member from visiting a patient or resident in that
facility unless the clergy member refuses to follow the
requirements that the health care facility has required in
accordance with this subsection.
ARTICLE 2 - NEW INSTITUTIONAL HEALTH SERVICES
35-2-201. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.
225, § 1.
35-2-202. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.
225, § 1.
35-2-203. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.
225, § 1.
35-2-204. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.
225, § 1.
35-2-205. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.
225, § 1.
35-2-206. Repealed by Laws 1985, ch. 227, §§ 1, 4; 1987,
ch. 225, § 1.
35-2-207. Repealed by Laws 1985, ch. 227, §§ 2, 4; 1987,
ch. 225, § 1.
35-2-208. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.
225, § 1.
35-2-209. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.
225, § 1.
35-2-210. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.
225, § 1.
35-2-211. Repealed by Laws 1985, ch. 227, § 4; 1987, ch.
225, § 1.
35-2-212. Repealed by Laws 1985, ch. 227, § 2.
35-2-213. Repealed by Laws 1985, ch. 227, § 2.
35-2-214. Repealed by Laws 1985, ch. 227, § 2.
ARTICLE 3 - STATE HOSPITAL AND MEDICAL FACILITIES
Division 1. In General
35-2-301. Short title.
This act may be cited as the "State Hospital and Medical
Facilities Survey and Construction Act."
35-2-302. Definitions.
(a) As used in this act:
(i) "Commissioner" means the director of the state
department of health. The director of the state department of
health shall be, ex officio, the commissioner;
(ii) "The federal act" means title VI of the Public
Health Service Act (42 U.S.C. § 291 et seq.) as is now and as
may hereafter be amended;
(iii) "The surgeon general" means the surgeon general
of the public health service of the United States;
(iv) "Hospital" includes public health centers and
general, tuberculosis, mental, chronic disease, and other types
of hospitals, and related facilities, such as laboratories,
outpatient departments, nurses' home and training facilities,
and central service facilities operated in connection with
hospitals, but does not include any hospital furnishing
primarily domiciliary care;
(v) "Public health center" means a publicly owned
facility for the provision of public health services, including
related facilities such as laboratories, clinics and
administrative offices operated in connection with public health
centers;
(vi) "Nonprofit hospital" means any hospital or
medical facility owned and operated by a corporation or
association, no part of the net earnings of which inures, or may
lawfully inure, to the benefit of any private shareholder or
individual;
(vii) "Medical facilities" means diagnostic or
diagnostic and treatment centers, rehabilitation facilities and
nursing homes as those terms are defined in the federal act and
such other medical facilities for which federal aid may be
authorized under the federal act.
35-2-303. Department of health; sole agency for making an
inventory and developing and administering state plan.
(a) The department of health shall constitute the sole
agency of the state for the purpose of:
(i) Making an inventory of existing hospitals and
medical facilities, surveying the need for construction of
hospitals and medical facilities, and developing a program of
hospital construction as provided in W.S. 35-2-320 through
35-2-322; and
(ii) Developing and administering a state plan for
the construction of public and other nonprofit hospitals and
medical facilities as provided in W.S. 35-2-340 through
35-2-345.
35-2-304. Powers and duties of commissioner enumerated.
(a) In carrying out the purposes of the act, the
commissioner is authorized and directed:
(i) To require such reports, make such inspections
and investigations and prescribe such regulations as he deems
necessary;
(ii) To provide such methods of administration,
appoint personnel and take such other action as may be necessary
to comply with the requirements of the federal act and the
regulations thereunder;
(iii) To procure the temporary or intermittent
services of experts or consultants or organizations thereof, by
contract, when such services are to be performed on a part-time
or fee-for-service basis and do not involve the performance of
administrative duties;
(iv) To the extent that he considers desirable to
effectuate the purposes of this act, to enter into agreements
for the utilization of the facilities and services of other
departments, agencies, and institutions, public or private;
(v) To accept on behalf of the state and to deposit
with the state treasurer any grant, gift or contribution made to
assist in meeting the cost of carrying out the purposes of this
act, and to expend the same for such purposes;
(vi) As required by W.S. 9-2-1014, to report to the
governor concerning activities and expenditures and
recommendations for such additional legislation as the
commissioner considers appropriate to furnish adequate hospital,
clinic, and similar facilities to the people of this state.
35-2-305. Repealed by Laws 1979, ch. 155, § 3.
35-2-306. Disbursement of funds.
All claims against funds made available for the administration
of this act shall be submitted, audited, allowed and paid in the
same manner as other claims against the state and in addition
thereto shall be approved by the commissioner.
Division 2. Survey and Planning
35-2-320. Duties of commissioner.
The commissioner is authorized and directed to make an inventory
of existing hospitals and medical facilities, including public,
nonprofit and proprietary hospitals and medical facilities, to
survey the need for construction of hospitals and medical
facilities, and, on the basis of such inventory and survey, to
develop a program for the construction of such public and other
nonprofit hospitals and medical facilities as will, in
conjunction with existing facilities, afford the necessary
physical facilities for furnishing adequate hospital, medical
facility and similar services to all the people of the state.
35-2-321. Construction program.
The construction program shall provide, in accordance with
regulations prescribed under the federal act, for adequate
hospital facilities for the people residing in this state and
insofar as possible shall provide for their distribution
throughout the state in such manner as to make all types of
hospital and medical facility services reasonably accessible to
all persons in the state.
35-2-322. Application for and use of federal funds.
The commissioner is authorized to make application to the
surgeon general for federal funds to assist in carrying out the
survey and planning activities herein provided. Such funds shall
be deposited in the state treasury and shall be available for
expenditure for carrying out the purposes of W.S. 35-2-320
through 35-2-322. Any such funds received and not expended for
such purposes shall be repaid to the treasury of the United
States.
Division 3. State Plan
35-2-340. Preparation and submission to surgeon general;
notice and hearing prerequisite to submission; publication upon
approval; subsequent modifications.
The commissioner shall prepare and submit to the surgeon general
a state plan which shall include the hospital and medical
facilities construction program developed under W.S. 35-2-320
through 35-2-322 and which shall provide for the establishment,
administration, and operation of the hospital and medical
facilities construction activities in accordance with the
requirements of the federal act and regulations thereunder. The
commissioner shall, prior to the submission of such plan to the
surgeon general, give adequate publicity to a general
description of all the provisions proposed to be included
therein, and hold a public hearing at which all persons or
organizations with a legitimate interest in such plan may be
given an opportunity to express their views. After approval of
the plan by the surgeon general, the commissioner shall publish
a general description of the provisions thereof in at least one
(1) newspaper having general circulation in each county in the
state, and shall make the plan, or a copy thereof, available
upon request to all interested persons or organizations. The
commissioner shall from time to time review the hospital and
medical facilities construction program and submit to the
surgeon general any modifications thereof which he may find
necessary and may submit to the surgeon general such
modifications of the state plan, not inconsistent with the
requirements of the federal act, as he may deem advisable.
35-2-341. Minimum standards of maintenance.
The commissioner shall by regulation prescribe minimum standards
for the maintenance and operation of hospitals and medical
facilities which receive federal aid for construction under the
state plan.
35-2-342. Relative need for projects to be set forth.
The state plan shall set forth the relative need for the several
projects included in the construction program determined in
accordance with regulations prescribed pursuant to the federal
act, and provide for the construction, insofar as financial
resources available therefor and for maintenance and operation
make possible, in the order of such relative need.
35-2-343. Applications for construction projects;
conformity to federal and state requirements required.
Applications for hospital and medical facility construction
projects for which federal funds are requested shall be
submitted to the commissioner and may be submitted by the state
or any political subdivision thereof or by any public or
nonprofit agency authorized to construct and operate a hospital
or a medical facility. Each application for a construction
project shall conform to federal and state requirements.
35-2-344. Hearing and approval of applications for
construction.
The commissioner shall afford to every applicant for a
construction project an opportunity for a fair hearing. If the
commissioner, after affording reasonable opportunity for
development and presentation of applications in the order of
relative need, finds that a project application complies with
the requirements of W.S. 35-2-343 and is otherwise in conformity
with the state plan, he shall approve such application and shall
recommend and forward it to the surgeon general.
35-2-345. Inspection of construction projects; payment of
installment of federal funds.
From time to time the commissioner shall inspect each
construction project approved by the surgeon general, and, if
the inspection so warrants, the commissioner shall certify to
the surgeon general that work has been performed upon the
project, or purchases have been made, in accordance with the
approved plans and specifications, and that payment of an
installment of federal funds is due to the applicant.
ARTICLE 4 - HOSPITAL DISTRICTS
35-2-401. Establishment of hospital district.
(a) Repealed by Laws 1998, ch. 115, § 5.
(b) Repealed by Laws 1998, ch. 115, § 5.
(c) Repealed by Laws 1998, ch. 115, § 5.
(d) A special hospital district may be established and
subsequent elections held under the procedures for petitioning,
hearing and election of special districts as set forth in the
Special District Elections Act of 1994.
(i) Repealed by Laws 2017, ch. 106, § 2.
(ii) Repealed by Laws 2017, ch. 106, § 2.
(iii) Repealed by Laws 2017, ch. 106, § 2.
(e) As an alternative to the procedures specified in
subsection (d) of this section, a special hospital district may
be established and subsequent elections held through the
following procedures:
(i) The board of county commissioners may, by
resolution, submit the question of establishing the special
hospital district to the electors of the proposed district at
the next general election or another date as provided by W.S.
22-2-104. The board shall provide notice that it will consider
the resolution at least thirty (30) days prior to the meeting at
which the resolution will be considered. Notice of the election
shall be given as required by W.S. 22-29-110;
(ii) If a majority of the voters in the proposed
district voting at the election specified in paragraph (i) of
this subsection vote for the establishment of the district the
board of county commissioners shall enter that fact upon its
record and the district is established;
(iii) Any subsequent election for a special hospital
district established under this subsection shall be held as set
forth in the Special District Elections Act of 1994.
35-2-402. Repealed by Laws 1998, ch. 115, § 5.
35-2-403. Body corporate; name and style; powers
generally; rules and regulations of trustees; definitions of
certain terms.
(a) Each district is a body corporate, the name of which
shall be selected by the board of county commissioners of the
county in which the greater area of land within the district is
located and which shall be entered upon the commissioner's
records. In the name selected, the district may hold property
and be a party to contracts, shall have power to sue and be
sued, shall be empowered through its governing board to acquire
real and personal property and equipment for hospital purposes
by gift, devise, bequest or purchase, and enter into contracts
for the acquisition by purchase or lease of real and personal
property and equipment and convey, lease and otherwise dispose
of its property for the hospital. The trustees may make rules
and regulations necessary for the purposes of the hospital
district and shall file them with the county clerk for each
county in which the district is located, and establish sinking
funds for hospital purposes as well as issue bonds for the
purchase of real property and improvements and equipment for
hospital purposes in the manner hereinafter provided.
(b) As used in this act:
(i) "Hospital" and "hospital purposes" means any
institution, place, building or agency in which any
accommodation is maintained, furnished or offered for the
hospitalization of the sick or injured or care of any person
requiring or receiving chronic or convalescent care or emergency
medical services, and includes public health centers, community
mental health centers and other types of hospitals and centers,
including but not limited to general, tuberculosis, mental and
chronic disease hospitals, and also medical facilities, and
related facilities;
(ii) "Medical facilities" includes but is not limited
to diagnostic or treatment centers, rehabilitation facilities
and nursing homes, as those terms are defined in the Federal Act
Public Law 482, 83 congress, July 12, 1954 (C. 471, Sec. 4
(c)-(f), 68 Stat. 465-466), as amended;
(iii) "Related facilities" means but is not limited
to laboratories, outpatient departments, nurses' homes and
nurses' training facilities and central service facilities
operated in connection with hospitals.
(c) In addition to subsection (a) of this section, each
district may engage in activities authorized under:
(i) W.S. 18-8-301 subject to requirements and
conditions specified therein;
(ii) W.S. 35-2-1202(a) for the purpose of providing
senior health care as defined in W.S. 35-2-1201(b). This
paragraph shall not be construed to authorize an increase to the
district mill level beyond the limits established in W.S. 35-2-
414.
(d) Subject to constitutional limitations, in addition to
any other securities the legislature authorizes or has
authorized by law for investment, any funds of the district may
be invested by the board in any security which has been
recommended by an investment advisor registered under the
Uniform Investment Advisor's Act of 1940 as amended, or any bank
exercising its trust powers, and approved by the district board.
In approving securities for the investment under this
subsection, the board shall be subject to and act in accordance
with the provisions of the Wyoming Uniform Prudent Investor Act.
The provisions of this subsection shall not be construed to
authorize the use of any revenues generated from taxes to engage
in any activity authorized under W.S. 18-8-301(a).
35-2-404. Procedure for initial election of trustees;
number, term of trustees; qualifications; disposition of ballots
and affidavits.
(a) An election of trustees shall be held in accordance
with the Special District Elections Act of 1994 at the same time
as the election for the formation of the district. At the
election a board of five (5) trustees shall be elected who shall
serve without compensation to govern the affairs of the
district. There shall be elected three (3) members to serve
until the next succeeding district election and two (2) members
to serve until the second succeeding district election and until
their successors are elected and qualified. Thereafter, members
shall be elected for terms of four (4) years. The board of
trustees shall, prior to the publication of notice required
under W.S. 22-29-112(c), determine whether the board of trustees
should be established at five (5) members or seven (7) members.
If the board determines that the number of trustees should be
expanded it may appoint the additional members in accordance
with W.S. 22-29-202 until the next subsequent trustee election.
The next subsequent trustee election shall reflect any
modification made. If a board of trustees fails to establish
the number of trustees to be elected, the board shall be
established at five (5) members. No current term of any trustee
shall be affected by any modification made under this
subsection. Subsequent elections shall be held in accordance
with the Special District Elections Act of 1994.
(b) Excluding employees of the district, any qualified
elector resident in a hospital district is eligible to hold the
office of hospital district trustee in the hospital district.
(c) After the official certificate of election has been
prepared, ballots and affidavits shall be sealed in envelopes
and retained by the appropriate board for six (6) months or
until termination of any election contest affected by the
ballots or affidavits and shall then be destroyed. Prior to
destruction, the envelope shall be opened only on court order.
35-2-405. Repealed by Laws 1980, ch. 19, § 3.
35-2-406. Repealed by Laws 1980, ch. 19, § 3.
35-2-407. Repealed by Laws 1980, ch. 19, § 3.
35-2-408. Repealed by Laws 1980, ch. 19, § 3.
35-2-409. Repealed by Laws 1980, ch. 19, § 3.
35-2-410. Repealed by Laws 1980, ch. 19, § 3.
35-2-411. Repealed by Laws 1980, ch. 19, § 3.
35-2-412. Repealed by Laws 1998, ch. 115, § 5.
35-2-413. Repealed by Laws 1998, ch. 115, § 5.
35-2-414. Administration of finances; assessment and levy
of tax.
(a) The board of trustees of special hospital districts
shall administer the finances of such districts according to the
provisions of the Uniform Municipal Fiscal Procedures Act. The
assessor shall at the time of making the annual assessment of
his district also assess the property of each special hospital
district in his county and return to the county assessor at the
time of returning the assessment schedules, separate schedules
listing the property of each such district assessed by him. Said
separate schedules shall be compiled by the county assessor,
footed and returned to the board of county commissioners as
provided for other assessment schedules.
(b) The board of county commissioners, at the time of
making the levy for county purposes shall levy a tax for that
year upon the taxable property in such district in its county
for its proportionate share based on assessed valuation of the
estimated amount of funds needed by each such district, but in
no case shall the tax for such district exceed in any one (1)
year the amount of three (3) mills for operation on each dollar
of assessed valuation of such property except as provided by
subsection (c) of this section. There shall be no limit on the
assessment for the payment of principal and interest on bonds
approved by the board of county commissioners and approved by
the electors of the district as provided in W.S. 35-2-415. The
taxes and assessments of all special hospital districts shall be
collected by the county collector at the same time and in the
same manner as state and county taxes are collected, provided,
however, said assessment and tax levied under the provisions of
this act shall not be construed as being a part of the general
county mill levy.
(c) Notwithstanding subsection (b) of this section, if the
board of trustees votes to increase the mill levy beyond three
(3) mills as authorized by subsection (b) of this section, the
board of county commissioners shall call an election within the
district upon the question of whether the mill levy should be
increased beyond three (3) mills. The election shall be called,
conducted and canvassed as provided for bond elections by the
Political Subdivision Bond Election Law, W.S. 22-21-101 through
22-21-112, on the first date authorized under W.S. 22-21-103
which is not less than sixty (60) days after the trustees vote
to increase the mill levy beyond three (3) mills. In no event
shall the tax in a district exceed in any one (1) year the
amount of six (6) mills for operation and maintenance on each
dollar of assessed valuation of property. The increase in mill
levy is effective only if the question is approved by a majority
of those voting thereon within the hospital district. The cost
of any special election under this subsection shall be borne by
the board of trustees.
(d) If the proposition to authorize a mill levy is
approved, the same proposition or a proposition to impose a mill
levy in a different amount, not to exceed three (3) mills, shall
be submitted to the voters, until defeated, at the second
general election following the election at which the proposition
was initially approved and at the general election held every
four (4) years thereafter. If the proposition to impose or
continue the tax is defeated, the proposition shall not again be
submitted to the electors for at least twenty-three (23) months.
35-2-415. General obligation coupon bonds; requirements as
to issuance generally; submission of question to electors.
The board of trustees of a hospital district may upon approval
of the board of county commissioners submit to the electors of
the district the question whether the board shall be authorized
to issue the general obligation coupon bonds of the district in
a certain amount, not to exceed five percent (5%) of the
assessed value of the taxable property in the district, and
bearing a certain rate of interest, payable and redeemable at a
certain time, not exceeding twenty-five (25) years for the
purchase of real property, for the construction or purchase of
improvements and for equipment for hospital purposes.
35-2-416. General obligation coupon bonds; conduct and
results of election.
The election authorized under W.S. 35-2-415 shall be called,
conducted and the results thereof canvassed and certified in all
respects as near as practicable in the same manner as is
provided for bond elections by the Political Subdivision Bond
Election Law, W.S. 22-21-101 through 22-21-112.
35-2-417. General obligation coupon bonds; issuance, form,
notice, value, rejection of bids, and private sale.
If the proposal to issue said bonds shall be approved, the board
of trustees may issue such bonds in such form as the board may
direct and shall give notice by publication in some newspaper
published in the counties in which said district is located and
in some newspaper of general circulation in the capital of this
state of its intention to issue and negotiate such bonds, and to
invite bidders therefor; provided that in no case shall such
bonds be sold for less than their full or par value and the
accrued interest thereon at the time of their delivery. And the
said trustees are authorized to reject any bids, and to sell
said bonds at private sale, if they deem it for the best
interests of the district.
35-2-418. General obligation coupon bonds; preparation and
execution; register to be kept.
After ascertaining the best terms upon and the lowest interest
at which said bonds can be negotiated, the board shall secure
the proper engraving and printing and consecutive numbering
thereof, and said bonds shall thereupon be otherwise properly
prepared and executed. They must bear the signature of the
president of the board of trustees and be countersigned by the
secretary of the board and bear the district seal and be
countersigned by the county treasurer of the county in which
said district's funds are kept, and the coupons attached to the
bonds must be signed by the said president, secretary and county
treasurer; and the secretary of the board shall endorse a
certificate upon every such bond, that the same is within the
lawful debt limit of such district and is issued according to
law and he shall sign such certificate in his official
character. When so executed, they shall be registered by the
county treasurer where said district's funds are kept in a book
provided for that purpose, which must show the number and amount
of each bond and the person to whom the same is issued.
35-2-419. General obligation coupon bonds; payment
guaranteed.
The full faith and credit of each hospital district is solemnly
pledged for the payment of the interest and the redemption of
the principal of all bonds which are issued by such district.
35-2-420. General obligation coupon bonds; payment of
interest and principal.
The county treasurer where said district's funds are kept may
pay out of any moneys belonging to said district tax fund, the
interest and the principal upon any bonds issued by such
district, when the same becomes due, upon the presentation at
his office of the proper coupon or bond, which must show the
amount due, and each coupon must also show the number of the
bond to which it belonged, and all bonds and coupons so paid,
must be reported to the district trustees at their first regular
meeting thereafter.
35-2-421. General obligation coupon bonds; validity.
All hospital districts heretofore formed and organized under the
provisions of chapter 58 of the Session Laws of Wyoming, 1949,
or under the provisions of chapter 141, Session Laws of Wyoming,
1951, are hereby declared to be duly organized and existing
hospital districts; and all bonds heretofore issued and sold for
the purpose of providing for the purchase of real property and
improvements and equipment for hospital purposes, by any
hospital district established under the provisions of chapter
58, Session Laws of Wyoming, 1949, or under the provisions of
chapter 141, Session Laws of Wyoming, 1951, where the purchase
money for such bonds has been actually received and retained for
the purpose for which such bonds were sold, are hereby declared
to be the valid and legally binding obligations of such district
and all proceedings under which such bonds were issued are
approved, ratified and declared valid.
35-2-422. Additional area within district; annexation;
method.
(a) Whenever a hospital district has been established as
provided by law, it may be enlarged by annexation of additional,
contiguous territory within the county.
(b) Whenever a petition, signed by twenty-five percent
(25%) of the registered electors residing within the area to be
annexed in the county which is not part of an established
hospital district in the county, is presented to the board of
county commissioners of the county, the county commissioners
shall within five (5) days request the board of trustees of the
established hospital district either to approve or reject the
petition.
(c) The board of trustees of the hospital district shall
act upon the request within thirty (30) days. If no action is
taken within that time, the petition is deemed rejected by the
trustees. If the petition is accepted by the trustees, the board
of county commissioners shall call an election within the county
upon the question of whether the area described by the petition
shall be annexed to the existing hospital district. The election
shall be called for the next election date authorized under W.S.
22-21-103 which is not less than sixty (60) days after the
petition is accepted and be conducted in accordance with the
procedure for bond elections as provided by the Political
Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.
The annexation is effective only if the question is approved by
a majority of those voting thereon both within the existing
hospital district and within the area described by the petition.
The board of county commissioners shall by resolution declare
the district expanded by the additional area and shall designate
a name for the expanded hospital district.
(d) After the resolution declaring the existence of the
expanded hospital district, the board of county commissioners
shall call an election for the purpose of election of trustees
of the hospital district as expanded. The board of trustees of
the hospital district shall be qualified electors of the entire
district so expanded. The election shall be called for a date
determined by the board of county commissioners and shall be
held in the manner provided by law for the first election of
trustees of the original district. Trustees of the original
district shall remain in office until the trustees of the
expanded district are elected and qualified.
35-2-423. Restriction on maintenance of hospitals in
cities and towns.
No city or town which is within the boundaries of a special
hospital district organized under W.S. 35-2-401 through 35-2-436
shall construct or operate a hospital more than one (1) year
after the formation of the hospital district. Nothing in this
section prohibits a city or town from contributing to the
support of a hospital district.
35-2-424. Securities for acquiring and improving hospitals
and related facilities; issuance authorized; lines of credit and
tax and revenue anticipation notes.
(a) The trustees of a hospital district established
pursuant to W.S. 35-2-401, are hereby authorized to issue
revenue bonds, notes and warrants or other revenue securities,
hereinafter referred to as securities, for the purpose of
acquiring, erecting, constructing, reconstructing, improving,
remodeling, furnishing and equipping hospitals and related
facilities including any facilities for senior health care as
defined under W.S. 35-2-1201(b), and acquiring a site or sites
therefor, from time to time hereafter as the trustees may
determine.
(b) If there are no monies available to the trustees of a
hospital district before receipt of property taxes the trustees
may issue warrants in anticipation of the receipt of property
taxes for payment of operational expenses. The aggregate amount
of the warrants shall not exceed the total amount of taxes
levied. The warrants shall be payable solely from the collected
taxes.
(c) The trustees of a hospital district may obtain
financing for its operations by entering into agreements for
lines of credit with any financial institution as defined in
W.S. 13-1-101(a)(ix). The line of credit may either be
unsecured, or secured by a pledge of revenues anticipated to be
received during the current fiscal year.
(d) In addition to its authority to issue warrants under
this section, the trustees of a hospital district may issue tax
and revenue anticipation notes in amounts not to exceed eighty
percent (80%) of the total amount of taxes levied for operation
of the district for the fiscal year during which the notes are
issued when the board determines that insufficient funds are
available to meet the obligations of the hospital during any
fiscal year. A hospital district shall not enter into agreements
or issue instruments of the type allowed by this section for any
fiscal year until all debts financed by such agreements or
instruments for any prior fiscal year have been paid in full.
Tax and revenue anticipation notes issued under this subsection
are subject to the procedural requirements of W.S. 9-4-1103
through 9-4-1105 for state tax and revenue anticipation notes,
except:
(i) The authority of the state treasurer referenced
in W.S. 9-4-1103 through 9-4-1105 shall be exercised by the
board issuing the notes; and
(ii) Notwithstanding W.S. 9-4-1105(a), investments of
the proceeds of the notes by the board are limited to those
investments authorized under W.S. 9-4-831.
35-2-425. Securities for acquiring hospitals and related
facilities; requirements generally.
(a) Except as otherwise provided, securities issued
hereunder shall be authorized by resolution adopted by the
trustees, shall bear date or dates, shall be in a denomination
or denominations, shall mature at a time or times but in no
event exceeding fifty (50) years from their date, shall be sold
at public or private sale, and the securities and coupons shall
be payable in a medium of payment at a banking institution or
other place or places within or without the state, as determined
by the trustees, may be made subject to prior redemption in
advance of maturity in order or by lot or otherwise at a time or
times without or with the payment of a premium or premiums not
exceeding ten percent (10%) of the principal amount of the
security so redeemed, as determined by the trustees. The
resolution may provide for the accumulation of net revenue for a
reserve fund and shall contain other or further covenants and
agreements as may be determined by the governing board for the
protection of bondholders.
(b) Any resolution authorizing the issuance of securities
or other instruments appertaining thereto may provide for the
capitalizing of interest on any securities during any period of
construction estimated by the trustees and one (1) year
thereafter and any other cost of any project herein authorized,
by providing for the payment of the amount capitalized from the
proceeds of the securities.
(c) Securities may be issued with privileges for
conversion or registration, or both, for payment as to principal
or interest, or both.
(d) Any resolution authorizing the issuance of securities,
or any other instrument appertaining thereto may provide for
their reissuance in other denominations in negotiable or
nonnegotiable form and otherwise in such manner and form as the
trustees may determine.
(e) Any resolution authorizing, or other instrument
appertaining to, any securities hereunder may provide that each
security therein authorized shall recite that it is issued under
authority hereof. Such recital shall conclusively impart full
compliance with all of the provisions hereof, and all securities
issued containing such recital shall be incontestable for any
cause whatsoever after their delivery for value.
(f) Subject to the payment provisions herein specifically
provided, any securities, any interest coupons thereto attached,
shall be fully negotiable within the meaning of and for all the
purposes of the Uniform Commercial Code, except as the trustees
may otherwise provide, and each holder of such security, or of
any coupons appertaining thereto, by accepting such security or
coupon shall be conclusively deemed to have agreed that such
security or coupon (except as otherwise provided) is and shall
be fully negotiable within the meaning and for all purposes of
said Uniform Commercial Code.
(g) Notwithstanding any other provision of law, the
trustees in any proceedings authorizing securities hereunder:
(i) May provide for the initial issuance of one (1)
or more securities aggregating the amount of the entire issue or
any part thereof;
(ii) May make such provisions for installment
payments of the principal amount of any such security as it may
consider desirable;
(iii) May provide for the making of any such security
payable to bearer or otherwise, registrable as to principal or
as to both principal and interest, and where interest accruing
thereon is not represented by interest coupons, for the
endorsing of payment of interest on such securities.
(h) Except for any securities which are registrable for
payment of interest, interest coupons payable to bearer and
appertaining to the securities shall be issued and shall bear
the original or facsimile signature of the president of the
trustees.
(j) Any securities herein authorized may be executed as
provided by W.S. 16-2-101 through 16-2-103.
(k) The securities and any coupons bearing the signature
of the officers in office at the time of the signing thereof,
shall be valid and binding obligations of the trustees,
notwithstanding that before the delivery thereof and payment
therefor, any or all of the persons whose signatures appear
thereon shall have ceased to fill their respective offices.
35-2-426. Securities for acquiring hospitals and related
facilities; not a general obligation of hospital district or
trustees; payable from special fund.
The securities to be issued hereunder shall not constitute a
general obligation of the hospital district, nor of the
trustees, but shall be payable solely from a special fund to
contain the net revenue to be derived from the operation of the
hospitals and related facilities including any facilities for
senior health care as defined under W.S. 35-2-1201(b), such
revenues being defined as those remaining after paying the costs
of operating and maintaining said facilities.
35-2-427. Securities for acquiring hospitals and related
facilities; issuance from time to time in one or more series.
The securities authorized hereby may be issued from time to time
and in one (1) or more series as the trustees may determine.
35-2-428. Securities for acquiring hospitals and related
facilities; obligation of trustees to holders; suit for default,
misuse of funds.
The obligation of the trustees to the holders of the securities
shall be limited to applying the funds, as set forth above, to
the payment of interest and principal on said securities, and
the securities shall contain a provision to that effect. In the
event of default in the payment of said securities or the
interest thereon, and in the event that the trustees are
misusing such funds or not using them as provided by this act
and the resolution authorizing the securities, or in the event
of any other breach of any protective covenant or other
contractual limitation, then such holders, or any of them, may
bring suit against the trustees in the district court of the
county in which the hospital or any of its related facilities
including any facilities for senior health care as defined under
W.S. 35-2-1201(b), are located for the purpose of restraining
the trustees from using such funds for any purpose other than
the payment of the principal and interest on such securities in
the manner provided, or for any other appropriate remedy.
35-2-429. Construction to be done by contract based on
competitive bidding; alternate delivery methods.
(a) Except as provided under subsection (b) of this
section and otherwise, the work of constructing the various
buildings shall be done by contract based on competitive
bidding. Notice of call for bids shall be for such period of
time and in such manner as the trustees may determine, and the
trustees shall have the power to reject any and all bids and
readvertise for bids as they consider proper.
(b) Any hospital district may contract for design and
construction services through an alternate delivery method as
defined in W.S. 16-6-701.
35-2-430. Board may insure facilities.
The board may insure said facilities against public liability,
property damage or loss of revenues from any cause.
35-2-431. Investment in securities.
Securities issued pursuant to this act shall be eligible for
investment by banking institutions and for estate, trust, and
fiduciary funds, and such securities and the interest thereon
shall be exempt from taxation by this state and any subdivision
thereof. The state treasurer of the state of Wyoming with the
approval of the governor and the attorney general is hereby
authorized to invest any permanent state funds available for
investment in the securities to be issued hereunder.
35-2-432. Refunding securities.
(a) Any securities of the board of a hospital district
issued hereunder or pursuant to any other act and payable from
any pledged revenues may be refunded by the board by the
adoption of a resolution or resolutions by the board authorizing
the issuance of securities at public or private sale:
(i) To refund, pay, and discharge all or any part of
such outstanding securities of any one (1) or more or all
outstanding issues, including any interest thereon in arrears,
or about to become due for any period not exceeding three (3)
years from the date of the refunding securities; or
(ii) For the purpose of reducing interest costs or
effecting other economies; or
(iii) For the purpose of modifying or eliminating
restrictive contractual limitations appertaining to the issuance
of additional bonds, otherwise concerning the outstanding
securities, or to any facilities appertaining thereto; or
(iv) For the purpose of avoiding or terminating any
default; or
(v) For any combination thereof.
(b) Nothing contained in this act nor in any other law of
this state shall be construed to permit the board to call
securities now or hereafter outstanding for prior redemption in
order to refund such securities or in order to pay them prior to
their stated maturities, unless the right to call such
securities for prior redemption was specifically reserved and
stated in such securities at the time of their issuance.
(c) Except as provided in this section, refunding
securities shall be subject to the same rights, liabilities,
conditions and covenants as are provided for the securities
contained in this act.
35-2-433. Powers and responsibility of board of trustees.
The board of trustees have plenary powers and responsibility for
the acquisition, construction, and completion of all projects
authorized by the resolution to issue revenue securities or
refunding securities.
35-2-434. Board may accept grants.
The board may accept grants of money or materials or property of
any kind from the federal government, the state, any agency or
political subdivision thereof, or any person, upon such terms
and conditions as the federal government, the state, or such
agency or political subdivision, or person may impose.
35-2-435. Charges and rentals.
The board shall establish and collect charges for services and
rentals for use of facilities furnished, acquired, constructed,
or purchased from the proceeds of such securities, sufficient to
pay the principal or the interest, or both, on the securities as
they become due and payable, together with such additional sums
as may be deemed necessary for accumulating reserves and
providing for obsolescence and depreciation and to pay the
expenses of operating and maintaining such facilities. The board
shall establish all other charges, fees, and rates to be derived
from the operation of the hospital or any other facility of the
hospital district.
35-2-436. Liberal construction.
This act being necessary to secure the public health, safety,
convenience and welfare, shall be liberally construed to effect
its purposes.
35-2-437. Trustee districts by rule; requirements.
When the assessed valuation of the property within a hospital
district exceeds three million dollars ($3,000,000.00), the
board of trustees for that hospital district may divide the
district into no more than three (3) trustee districts and
provide for the election of at least one (1) trustee from each
trustee district. To become effective, the rule creating trustee
districts shall be approved by order of the board of county
commissioners of the county in which the greater area of
property within the district is located. All trustees shall be
residents or property owners of the trustee district from which
elected. The board of trustees may provide for the trustees to
be elected at-large if these trustees are residents of the
hospital district.
35-2-438. Dissolution; bankruptcy.
(a) Subject to the requirements of this section, the
trustees of a hospital district may vote to file bankruptcy
under chapter 9 of the United States bankruptcy code or to
dissolve and terminate the district. The plan to dissolve and
terminate the district shall provide for the following:
(i) Payment of all bonded and other indebtedness
against the district;
(ii) Disposition of assets of the district upon
dissolution. The assets may either be donated to a nonprofit or
governmental hospital or health care facility which provides
services to the residents of the hospital district upon such
conditions as agreed to by the nonprofit or governmental
hospital or health care facility, or conveyed to the county to
be used solely for health care purposes by the county.
(b) Before any plan to dissolve and terminate a hospital
district is effective, the plan shall be approved by a majority
of the qualified electors of the hospital district who vote on
the question. The vote on the question may be submitted to the
qualified electors at an election following the provisions of
W.S. 22-29-404 as applicable. The question to be presented to
the qualified electors is: "Shall Hospital District .... be
dissolved in accordance with the plan of dissolution approved by
the board of trustees?"
Yes No
(c) If the qualified electors of the district approve the
dissolution and termination plan, the board of trustees are
empowered to take all action necessary to effectuate the plan
and dissolve and terminate the hospital district.
(d) Filing of bankruptcy under subsection (a) of this
section shall not require a vote of qualified electors. Before
any vote by the trustees of a hospital district to file
bankruptcy, the bankruptcy petition and initial plan for
adjustment of debts shall be posted on any website operated by
the district and be publicly available for a period of not less
than seven (7) days prior to the first public meeting of the
trustees where the petition and plan will be considered. If the
trustees approve the bankruptcy petition and initial plan for
adjustment of debts, the trustees may take all action necessary
to obtain confirmation of the plan of adjustment and closure of
the case under chapter 9 of the United States bankruptcy code.
ARTICLE 5 - WYOMING SANITARIUM
35-2-501. Repealed by Laws 1982, ch. 62, § 4.
35-2-502. Repealed by Laws 1982, ch. 62, § 4.
35-2-503. Repealed by Laws 1982, ch. 62, § 4.
ARTICLE 6 - HOSPITAL RECORDS AND INFORMATION
35-2-601. Repealed by Laws 1991, ch. 194, § 2.
35-2-602. Repealed by Laws 1991, ch. 194, § 2.
35-2-603. Repealed by Laws 1991, ch. 194, § 2.
35-2-604. Repealed by Laws 1991, ch. 194, § 2.
35-2-605. Repealed by Laws 2019, ch. 78, § 3.
35-2-606. Repealed by Laws 2019, ch. 78, § 3.
35-2-607. Repealed by Laws 2019, ch. 78, § 3.
35-2-608. Repealed by Laws 2019, ch. 78, § 3.
35-2-609. Repealed by Laws 2019, ch. 78, § 3.
35-2-610. Repealed by Laws 2019, ch. 78, § 3.
35-2-611. Repealed by Laws 2019, ch. 78, § 3.
35-2-612. Repealed by Laws 2019, ch. 78, § 3.
35-2-613. Repealed by Laws 2019, ch. 78, § 3.
35-2-614. Repealed by Laws 2019, ch. 78, § 3.
35-2-615. Repealed by Laws 2019, ch. 78, § 3.
35-2-616. Repealed by Laws 2019, ch. 78, § 3.
35-2-617. Repealed by Laws 2019, ch. 78, § 3.
35-2-618. Medical staff committees; record
confidentiality.
(a) All reports, findings, proceedings and data of medical
staff committees shall be confidential and privileged. No claim
or action shall accrue against any hospital, medical staff
member or any employee of either arising out of the denial of
staff privileges to any applicant or out of the suspension of,
expulsion of or any other restrictive or disciplinary action
against any medical staff member or hospital employee unless the
action is arbitrary, capricious and without foundation in fact.
(b) For the purpose of subsection (a) of this section,
"medical staff committee" means any committee within a hospital,
consisting of medical staff members or hospital personnel, which
is engaged in supervision, discipline, admission, privileges or
control of members of the hospital's medical staff, evaluation
and review of medical care, utilization of the hospital
facilities or professional training.
ARTICLE 7 - RURAL HEALTH CARE DISTRICTS
35-2-701. Procedure for proposing establishment of special
rural health care districts.
(a) Repealed by Laws 1998, ch. 115, § 5.
(b) Repealed by Laws 1998, ch. 115, § 5.
(c) Repealed by Laws 1998, ch. 115, § 5.
(d) Repealed by Laws 1998, ch. 115, § 5.
(e) A special rural health care district may be
established under the procedures for petitioning, hearing and
election of special districts as set forth in the Special
District Elections Act of 1994.
35-2-702. Repealed by Laws 1998, ch. 115, § 5.
35-2-703. Body corporate; name and style; powers
generally; rules and regulations of trustees.
(a) Each district so established is a body corporate and
shall be designated by the name of the .... rural health care
district. The district name shall be entered upon the
commissioners' records and shall be selected by the board of
county commissioners of the county in which the greater area of
land within the district is located. In the name so selected,
the district through its governing board may:
(i) Hold property and be a party to contracts;
(ii) Sue and be sued;
(iii) Acquire real and personal property and
equipment for rural health care purposes by gift, devise,
bequest or purchase;
(iv) Enter into contracts for the acquisition by
purchase or lease of real and personal property and equipment;
(v) Convey, lease and otherwise dispose of its
property for rural health care purposes;
(vi) Establish sinking funds;
(vii) Issue bonds for the purchase of real property
and improvements and equipment;
(viii) Make necessary rules and regulations for the
proper operation of the district and shall file them with the
county clerk for each county in which the district is located;
(ix) Engage in activities authorized under:
(A) W.S. 18-8-301 subject to specified
requirements and conditions;
(B) W.S. 35-2-1202(a) for the purpose of
providing senior health care as defined in W.S. 35-2-1201(b).
This paragraph shall not be construed to authorize an increase
to the district mill level beyond the limits established in W.S.
35-2-708.
(x) Employ or otherwise contract with physicians and
other health care providers to provide health care services,
including emergency medical services, in the district and any
other persons necessary or desirable to effect the purposes of
the district. As used in this paragraph "health care provider"
means a person or facility licensed, certified or otherwise
authorized by the law of this state to provide health care in
the ordinary course of business or practice of a profession;
(xi) Construct, purchase or own a hospital, nursing
home and related facilities.
35-2-704. Procedure for election of trustees generally;
number, compensation and term of trustees.
The district shall be managed and controlled by a board of five
(5) trustees who shall serve without compensation. Members of
the initial board shall be elected at the formation election to
serve until the first regular subsequent director election and
until their successors are elected and qualified. At the first
regular subsequent director election members shall be elected to
staggered terms so that three (3) members are elected for two
(2) year terms and two (2) for four (4) year terms. Thereafter,
all members shall be elected for terms of four (4) years.
35-2-705. Bond of trustees.
Each trustee of any district, prior to entering upon the duties
of office, shall execute and file with the county clerk of the
county in which the district, or the greater portion of the area
thereof, is located his bond, with one (1) or more sureties, to
be approved by the county clerk, running to the state of Wyoming
in the penal sum of five thousand dollars ($5,000.00),
conditioned for the faithful performance by the trustee of his
official duties and the faithful accounting by him for all funds
and property of the district that shall come into his possession
or control during his term of office. The premium, if any, on
any such bond shall be paid out of the funds of the district.
Suit may be brought on a bond by any person, firm or corporation
that has sustained loss or damage because of a breach of that
bond.
35-2-706. Repealed by Laws 1998, ch. 115, § 5.
35-2-707. Repealed by Laws 1998, ch. 115, § 5.
35-2-708. Administration of finances; assessment and levy
of taxes.
(a) Repealed by Laws 2017, ch. 62, § 3.
(b) The assessor shall assess the property of each rural
health care district.
(c) The board of county commissioners, at the time of
making the levy for county purposes shall levy a tax for that
year upon the taxable property in the district in its county for
its proportionate share based on assessed valuation of the
estimated amount of funds needed by each rural health care
district, but, except as provided in this subsection, in no case
shall the tax for the district exceed in any one (1) year the
amount of two (2) mills on each dollar of assessed valuation of
the property. Up to an additional two (2) mills may be imposed
on each dollar of assessed valuation of the property if approved
by the board of trustees and if approved by the electors as
provided in subsection (d) of this section.
(d) If the board of trustees votes to increase the mill
levy beyond two (2) mills as authorized by subsection (c) of
this section, the board of county commissioners shall call an
election within the district upon the question of whether the
mill levy should be increased beyond two (2) mills. The
election shall be called, conducted and canvassed as provided
for bond elections by the Political Subdivision Bond Election
Law, W.S. 22-21-101 through 22-21-112, on the first date
authorized under W.S. 22-21-103 which is not less than sixty
(60) days after the trustees vote to increase the mill levy
beyond two (2) mills. In no event shall the tax in a district
exceed in any one (1) year the amount of four (4) mills on each
dollar of assessed valuation of property. The increase in mill
levy is effective only if the question is approved by a majority
of those voting thereon within the rural health care district.
The cost of any special election under this subsection shall be
borne by the board of trustees.
(e) If the proposition to authorize an additional mill
levy is approved, the tax shall remain in effect until a
petition to discontinue the tax, signed by not less than ten
percent (10%) of the voters of the district, is received by the
board of county commissioners, and the proposal to discontinue
the tax is approved by the voters. The proposal to discontinue
the tax shall be submitted to the voters of the district at the
expense of the county at the next general election. If the
proposition to impose or continue the tax is defeated, the
proposition shall not again be submitted to the electors for at
least twenty-three (23) months.
35-2-709. Bond issue.
(a) The board of county commissioners at the request of
the board of trustees of any rural health care district may
submit to the electors of the district the question of whether
the board of trustees shall be authorized to issue the bonds of
the district in a certain amount, not to exceed two percent (2%)
of the assessed value of the taxable property in the district,
and bearing a certain rate of interest, not exceeding ten
percent (10%) per annum, payable and redeemable at a certain
time, not exceeding twenty-five (25) years, for the purchase of
real property, for the construction or purchase of improvements
and for equipment for rural health care purposes or senior
health care purposes as defined in W.S. 35-2-1201(b). The
question shall be submitted at an election called, conducted,
canvassed and returned in the manner provided for bond elections
by the Political Subdivision Bond Election Law, W.S. 22-21-101
through 22-21-112.
(b) If the proposal to issue bonds is approved, the board
of trustees may issue bonds in such form as the board directs,
provided any bonds issued under this article shall be in
registered or bearer form and shall otherwise comply with W.S.
16-5-501 through 16-5-504. The board of trustees shall give
notice by publication in some newspaper published in the
counties in which the district is located of its intention to
issue and negotiate the bonds and to invite bidders therefor.
In no case shall the bonds be sold for less than their full or
par value and the accrued interest thereon at the time of their
delivery. The trustees are authorized to reject any bids, and to
sell the bonds at private sale, if they deem it for the best
interests of the district.
(c) The full faith and credit of each rural health care
district is solemnly pledged for the payment of the interest and
the redemption of the principal of all bonds which are issued by
the district.
(d) The county treasurer where the district's funds are
kept may pay out of any monies belonging to the district tax
fund, the interest and the principal upon any bonds issued by
the district, when due, upon presentation at his office of the
proper coupon or bond, which shall show the amount due. Each
coupon shall also show the number of the bond to which it
belonged, and all bonds and coupons so paid, shall be reported
to the district trustees at their first regular meeting
thereafter.
35-2-710. Securities for acquiring and improving
hospitals, nursing homes and related facilities; issuance
authorized; lines of credit and tax and revenue anticipation
notes.
(a) The trustees of a rural health care district
established pursuant to W.S. 35-2-701, are authorized to issue
revenue bonds, notes and warrants or other revenue securities
for the purpose of acquiring, erecting, constructing,
reconstructing, improving, remodeling, furnishing and equipping
hospitals, nursing homes and related facilities including
facilities for senior health care as defined under W.S. 35-2-
1201(b), and acquiring a site or sites as the trustees may
determine.
(b) If there are no funds available to the trustees of a
rural health care district before receipt of property taxes, the
trustees may issue warrants in anticipation of the receipt of
property taxes for payment of operational expenses. The
aggregate amount of the warrants shall not exceed the total
amount of taxes levied. The warrants shall be payable solely
from the collected taxes.
(c) The trustees of a rural health care district may
obtain financing for its operations by entering into agreements
for lines of credit with any financial institution as defined in
W.S. 13-1-101(a)(ix). The lines of credit may either be
unsecured or secured by a pledge of revenues anticipated to be
received during the current fiscal year.
(d) In addition to its authority to issue warrants under
this section, the trustees of a rural health care district may
issue tax and revenue anticipation notes in amounts not to
exceed eighty percent (80%) of the total amount of taxes levied
for operation of the district for the fiscal year during which
the notes are issued when the trustees determine that
insufficient funds are available to meet the obligations of the
district during any fiscal year. A rural health care district
shall not enter into agreements or issue instruments of the type
allowed by this section for any fiscal year until all debts
financed by any agreement or instrument for any prior fiscal
year have been paid in full. Tax and revenue anticipation notes
issued under this subsection are subject to the procedural
requirements of W.S. 9-4-1103 through 9-4-1105 for state tax and
revenue anticipation notes, except:
(i) The authority of the state treasurer provided in
W.S. 9-4-1103 through 9-4-1105 shall be exercised by the
trustees issuing the notes; and
(ii) Notwithstanding W.S. 9-4-1105(a), investments of
the proceeds of the notes by the trustees are limited to those
investments authorized under W.S. 9-4-831.
35-2-711. Securities for acquiring hospitals and related
facilities; requirements generally.
(a) Except as otherwise provided:
(i) Securities shall be authorized by resolution
adopted by the trustees and shall:
(A) Bear a date or dates;
(B) Be in a denomination or denominations;
(C) Mature at a time or times but in no event
exceeding fifty (50) years from their date of issuance;
(D) Be sold at a public or private sale; and
(E) The securities and coupons shall be payable
in a medium of payment at a banking institution or other place
or places within or without the state, as determined by the
trustees.
(ii) Securities may be made subject to prior
redemption in advance of maturity in order or by lot or
otherwise at a time or times without or with the payment of a
premium or premiums not exceeding ten percent (10%) of the
principal amount of the security redeemed, as determined by the
trustees. The resolution may provide for the accumulation of net
revenue for a reserve fund and shall contain other or further
covenants and agreements as may be determined by the governing
board for the protection of bondholders.
(b) Any resolution authorizing the issuance of securities
or other instruments may provide for the capitalizing of
interest on any securities during any period of construction
estimated by the trustees and one (1) year thereafter and any
other cost of any project authorized, by providing for the
payment of the amount capitalized from the proceeds of the
securities.
(c) Securities may be issued with privileges for
conversion or registration, or both, for payment as to principal
or interest, or both.
(d) Any resolution authorizing the issuance of securities
or any other instrument pertaining to the issuance of securities
may provide for their reissuance in other denominations in
negotiable or nonnegotiable form and otherwise in any manner and
form as the trustees may determine.
(e) Any resolution authorizing, or other instrument
pertaining to, any securities may provide that each security
authorized shall recite that it is issued under authority of
this section. The recital shall conclusively impart full
compliance with all of the provisions and all securities issued
containing the recital shall be incontestable for any cause
whatsoever after their delivery for value.
(f) Subject to the payment provisions specifically
provided, any securities or interest coupons attached to the
securities shall be fully negotiable within the meaning of and
for all the purposes of the Uniform Commercial Code, except as
the trustees may otherwise provide, and each holder of the
security or any coupons, by accepting such security or coupon
shall be conclusively deemed to have agreed that the security or
coupon, except as otherwise provided, is and shall be fully
negotiable within the meaning and for all purposes of the
Uniform Commercial Code.
(g) Notwithstanding any other provision of law, the
trustees in any proceedings authorizing securities:
(i) May provide for the initial issuance of one (1)
or more securities aggregating the amount of the entire issue or
any part thereof;
(ii) May make provisions for installment payments of
the principal amount of any security as they may consider
desirable;
(iii) May provide for the making of any security
payable to bearer or otherwise, registrable as to principal or
as to both principal and interest, and where interest accruing
is not represented by interest coupons, for the endorsing of
payment of interest on the securities.
(h) Except for any securities which are registrable for
payment of interest, interest coupons payable to bearer and
appertaining to the securities shall be issued and shall bear
the original or facsimile signature of the president of the
board of trustees.
(j) Any securities authorized may be executed as provided
by W.S. 16-2-101 through 16-2-103.
(k) The securities and any coupons bearing the signature
of the officers in office at the time of the signing shall be
valid and binding obligations of the board of trustees,
notwithstanding that before the delivery and payment, any or all
of the persons whose signatures appear shall have ceased to fill
their respective offices.
35-2-712. Securities for acquiring hospitals, nursing
homes and related facilities; not a general obligation of rural
health care district or trustees; payable from special fund.
The securities issued pursuant to W.S. 35-2-711 through 35-2-722
shall not constitute a general obligation of the rural health
care district, nor of the trustees, but shall be payable solely
from a special fund to contain the net revenue to be derived
from the operation of the hospitals, nursing homes and related
facilities including any facilities for senior health care as
defined under W.S. 35-2-1201(b), the revenues being defined as
those remaining after paying the costs of operating and
maintaining the facilities.
35-2-713. Securities for acquiring hospitals and related
facilities; issuance from time to time in one or more series.
The securities authorized may be issued from time to time and in
one (1) or more series as the trustees may determine.
35-2-714. Securities for acquiring hospitals and related
facilities; obligation of trustees to holders; suit for default,
misuse of funds.
The obligation of the trustees to the holders of the securities
shall be limited to applying the funds to the payment of
interest and principal on the securities and the securities
shall contain a provision to that effect. In the event of
default in the payment of the securities or the interest thereon
and in the event that the trustees are misusing the funds or not
using the funds as provided by W.S. 35-2-711 through 35-2-722
and the resolution authorizing the securities, or in the event
of any other breach of any protective covenant or other
contractual limitation, then any holder may bring suit against
the trustees in the district court of the county in which the
rural health care district or any of its facilities are located
for the purpose of restraining the trustees from using the funds
for any purpose other than the payment of the principal and
interest on the securities in the manner provided or for any
other appropriate remedy.
35-2-715. Construction to be done by contract based on
competitive bidding; alternate delivery methods.
(a) Except as provided under subsection (b) of this
section and otherwise, the work of constructing the various
buildings shall be done by contract based on competitive
bidding. Notice of call for bids shall be for the period of
time and in a manner as the trustees may determine. The trustees
shall have the power to reject any and all bids and readvertise
for bids as they consider proper.
(b) Any rural health care district may contract for design
and construction services through an alternate delivery method
as defined in W.S. 16-6-701.
35-2-716. Trustees may insure facilities.
The trustees may insure the facilities against public liability,
property damage or loss of revenues from any cause.
35-2-717. Investment in securities.
Securities issued pursuant to this article shall be eligible for
investment by banking institutions and for estate, trust and
fiduciary funds. The securities and the interest shall be exempt
from taxation by this state and any subdivision. The state
treasurer of the state of Wyoming with the approval of the
governor and the attorney general is authorized to invest any
permanent state funds available for investment in the securities
to be issued pursuant to W.S. 35-2-711 through 35-2-722.
35-2-718. Refunding securities.
(a) Any securities of the trustees of a rural health care
district issued pursuant to W.S. 35-2-711 through 35-2-722 and
payable from any pledged revenues may be refunded by the
trustees by the adoption of a resolution by the trustees
authorizing the issuance of securities at a public or private
sale:
(i) To refund, pay and discharge all or any part of
the outstanding securities of any one (1) or more or all
outstanding issues, including any interest thereon in arrears,
or about to become due for any period not exceeding three (3)
years from the date of the refunding securities;
(ii) For the purpose of reducing interest costs or
effecting other economies;
(iii) For the purpose of modifying or eliminating
restrictive contractual limitations pertaining to the issuance
of additional bonds, otherwise concerning the outstanding
securities or to any facilities pertaining thereto;
(iv) For the purpose of avoiding or terminating any
default; or
(v) For any combination provided in this subsection.
(b) Nothing contained in W.S. 35-2-711 through 35-2-722
nor in any other law of this state shall be construed to permit
the board of trustees to call securities now or hereafter
outstanding for prior redemption in order to refund the
securities or in order to pay them prior to their stated
maturities, unless the right to call the securities for prior
redemption was specifically reserved and stated in the
securities at the time of their issuance.
(c) Except as provided in this section, refunding
securities shall be subject to the same rights, liabilities,
conditions and covenants as are provided for the securities
contained in W.S. 35-2-711 through 35-2-722.
35-2-719. Powers and responsibility of board of trustees.
The board of trustees has plenary powers and responsibility for
the acquisition, construction and completion of all projects
authorized by the resolution to issue revenue securities or
refunding securities.
35-2-720. Trustees may accept grants.
The trustees may accept grants of money or materials or property
of any kind from the federal government, the state, including
any agency or political subdivision, or any person upon terms
and conditions as the federal government, the state, including
any agency or political subdivision, or person may impose.
35-2-721. Charges and rentals.
The trustees shall establish and collect charges for services
and rentals for use of facilities furnished, acquired,
constructed or purchased from the proceeds of the securities
sufficient to pay the principal or the interest, or both, on the
securities as they become due and payable, together with the
additional sums as may be deemed necessary for accumulating
reserves and providing for obsolescence and depreciation and to
pay the expenses of operating and maintaining the facilities.
The trustees shall establish all other charges, fees and rates
to be derived from the operation of the hospital, nursing home
or any other facility of the rural health care district.
35-2-722. Liberal construction.
The provisions of this article pertaining to bonding, being
necessary to secure the public health, safety, convenience and
welfare, shall be liberally construed to effect its purposes.
35-2-723. Applicability.
The provisions of W.S. 35-2-711 through 35-2-722 shall not apply
to W.S. 35-2-708 and 35-2-709.
ARTICLE 8 - STATE HEALTH CARE DATA AUTHORITY
35-2-801. Terminated by Laws 1985, ch. 217, § 2; 1988, ch.
47, § 1.
35-2-802. Terminated by Laws 1985, ch. 217, § 2; 1988, ch.
47, § 1.
35-2-803. Terminated by Laws 1985, ch. 217, § 2; 1988, ch.
47, § 1.
35-2-804. Terminated by Laws 1985, ch. 217, § 2; 1988, ch.
47, § 1.
35-2-805. Terminated by Laws 1985, ch. 217, § 2; 1988, ch.
47, § 1.
35-2-806. Terminated by Laws 1985, ch. 217, § 2; 1988, ch.
47, § 1.
35-2-807. Terminated by Laws 1985, ch. 217, § 2; 1988, ch.
47, § 1.
ARTICLE 9 - LICENSING AND OPERATIONS
35-2-901. Definitions; applicability of provisions.
(a) As used in this act:
(i) "Acute care" means short term care provided in a
hospital;
(ii) "Ambulatory surgical center" means a facility
which provides surgical treatment to patients not requiring
hospitalization and is not part of a hospital or offices of
private physicians, dentists or podiatrists. "Ambulatory
surgical center" shall include any surgical abortion facility as
defined by W.S. 35-6-201(a)(x);
(iii) "Birthing center" means a facility which
operates for the primary purpose of performing deliveries and is
not part of a hospital;
(iv) "Boarding home" means a dwelling or rooming
house operated by any person, firm or corporation engaged in the
business of operating a home for the purpose of letting rooms
for rent and providing meals and personal daily living care, but
not habilitative or nursing care, for persons not related to the
owner. Boarding home does not include a lodging facility or an
apartment in which only room and board is provided;
(v) Repealed by Laws 2025, ch. 102, § 2.
(vi) "Department" means the department of health;
(vii) "Division" means the designated division within
the department of health;
(viii) "Freestanding diagnostic testing center" means
a mobile or permanent facility which provides diagnostic testing
but not treatment and is not part of the private offices of
health care professionals operating within the scope of their
licenses;
(ix) Repealed By Laws 1999, ch. 119, § 2.
(x) "Health care facility" means any ambulatory
surgical center, assisted living facility, adult day care
facility, adult foster care home, alternative eldercare home,
birthing center, boarding home, freestanding diagnostic testing
center, home health agency, hospice, hospital, freestanding
emergency center, intermediate care facility for people with
intellectual disability, medical assistance facility, nursing
care facility, rehabilitation facility and renal dialysis
center;
(xi) "Home health agency" means an agency primarily
engaged in arranging and directly providing nursing or other
health care services to persons at their residence;
(xii) "Hospice" means a program of care for the
terminally ill and their families given in a home or health
facility which provides medical, palliative, psychological,
spiritual and supportive care and treatment. Hospice care may
include short-term respite care for non-hospice patients, if the
primary activity of the hospice is the provision of hospice
services to terminally ill individuals and provided that the
respite care is paid by the patient or by a private third party
payor and not through any governmental third party payment
program;
(xiii) "Hospital" means an institution or a unit in
an institution providing one (1) or more of the following to
patients by or under the supervision of an organized medical
staff:
(A) Diagnostic and therapeutic services for
medical diagnosis, treatment and care of injured, disabled or
sick persons;
(B) Rehabilitation services for the
rehabilitation of injured, disabled or sick persons;
(C) Acute care;
(D) Psychiatric care;
(E) Swing beds.
(xiv) "Intermediate care facility for people with
intellectual disability" means a facility which provides on a
regular basis health related care and training to persons with
intellectual disabilities or persons with related conditions,
who do not require the degree of care and treatment of a
hospital or nursing facility and services above the need of a
boarding home. The term also means "intermediate care facility
for the mentally retarded" or "ICFMR" or "ICFs/MR" as those
terms are used in federal law and in other laws, rules and
regulations;
(xv) "Medical assistance facility" means a facility
which provides inpatient care to ill or injured persons prior to
their transportation to a hospital or provides inpatient care to
persons needing that care for a period of no longer than sixty
(60) hours and is located more than thirty (30) miles from the
nearest Wyoming hospital;
(xvi) "Nursing care facility" means a facility
providing assisted living care, nursing care, rehabilitative and
other related services;
(xvii) "Physician" means a doctor of medicine or
osteopathy licensed to practice medicine or surgery under state
law;
(xviii) "Psychiatric care" means the in-patient care
and treatment of persons with a mental diagnosis;
(xix) "Rehabilitation facility" means an outpatient
or residential facility which is operated for the primary
purpose of assisting the rehabilitation of disabled persons
including persons with acquired brain injury by providing
comprehensive medical evaluations and services, psychological
and social services, or vocational evaluations and training or
any combination of these services and in which the major portion
of the services is furnished within the facility;
(xx) "Renal dialysis center" means a freestanding
facility for treatment of kidney diseases;
(xxi) "Swing bed" means a special designation for a
hospital which has a program to provide specialized in-patient
long term care. Any medical-surgical bed in a hospital can be
designated as a swing bed;
(xxii) "Assisted living facility" means a dwelling
operated by any person, firm or corporation engaged in providing
limited nursing care, personal care and boarding home care, but
not habilitative care, for persons not related to the owner of
the facility. This definition may include facilities with
secured units and facilities dedicated to the special care and
services for people with Alzheimer's disease or other dementia
conditions;
(xxiii) "Adult day care facility" means any facility
not otherwise certified by the department of health, engaged in
the business of providing activities of daily living support and
supervision services programming based on a social model, to
four (4) or more persons eighteen (18) years of age or older
with physical or mental disabilities;
(xxiv) "Adult foster care home" means a home where
care is provided for up to five (5) adults who are not related
to the provider by blood, marriage or adoption, except in
special circumstances, in need of long term care in a home like
atmosphere. "Adult foster care home" does not include any
residential facility otherwise licensed or funded by the state
of Wyoming. The homes shall be regulated in accordance with this
act and with the Wyoming Long Term Care Choices Act, which shall
govern in case of conflict with this act;
(xxv) "Alternative eldercare home" means a facility
as defined in W.S. 42-6-102(a)(iii). The homes shall be
regulated in accordance with this act and with the Wyoming Long
Term Care Choices Act which shall govern in case of conflict
with this act;
(xxvi) "Freestanding emergency center" means a
facility that provides services twenty-four (24) hours a day,
seven (7) days a week for life threatening emergency medical
conditions and is at a location separate from a hospital;
(xxvii) "This act" means W.S. 35-2-901 through 35-2-
914.
(b) This act does not apply to hospitals or any other
facility or agency operated by the federal government which
would otherwise be required to be licensed under this act or to
any person providing health care services within the scope of
his license in a private office.
35-2-902. License required.
No person shall establish any health care facility in this state
without a valid license issued pursuant to this act.
35-2-903. Application for license; submission of evidence
prerequisite to issuance.
(a) An applicant for a license under this act shall file a
sworn application with the division on a form provided by the
division. The form shall request the following information:
(i) The applicant's name;
(ii) The type of health care facility to be operated;
(iii) A description of and the location of the
facility buildings;
(iv) The name of the person in charge of the health
care facility;
(v) Whether the applicant has had a license to
operate a health care facility or agency providing health care
services in this or any other state denied, suspended, revoked
or otherwise terminated for cause and the specific reasons for
such action. Evidence that the facility subject to the
application is currently in compliance with all applicable
statutes, rules and regulations is required;
(vi) Evidence that the applicant is capable of
complying with applicable rules and regulations;
(vii) Such other information as the division may
require pursuant to rules promulgated under this act.
(b) An application by other than an individual shall be
made by two (2) officers of the organization or by its managing
agents.
35-2-904. Issuance of license; fee; duration; renewal;
transferability; provisional licenses; procedures.
(a) The division shall issue a license under this act:
(i) If the applicant is in compliance with this act
and in substantial compliance with the rules and regulations
promulgated pursuant to this act; and
(ii) Upon payment of a license fee for each health
care facility as specified in subsection (g) of this section.
The department may adopt rules which provide for reasonable fees
for health care facilities not specified in subsection (g) of
this section in amounts not to exceed five hundred dollars
($500.00) designed to recover administrative and operational
expenses of the department in conducting its licensure program
under this article for those facilities.
(b) Licenses are issued for a period of one (1) year
beginning on July 1 of the year of issuance and ending on June
30 of the succeeding year. The full fee is due whether the
license is issued for the entire year or for part of the year.
(c) Licenses are renewed annually upon payment of the
license fee unless suspended or revoked pursuant to W.S.
35-2-905.
(d) Fees collected under this act shall be deposited in
the general fund.
(e) Licenses are not assignable or transferable.
(f) Applicants not complying with this act and not
substantially complying with the rules and regulations
promulgated pursuant to this act may be granted a provisional
license subject to restrictions imposed by the division if the
operation of the facility will not endanger the health, safety
and welfare of patients. All applicants found in noncompliance
shall be notified of the reason for noncompliance.
(g) Health care facilities shall be assessed the following
fees:
(i) Adult day care facility . . . . . . $250.00;
(ii) Adult foster care home . . . . . . $250.00;
(iii) Ambulatory surgical center . . . $500.00;
(iv) Assisted living facility:
(A) For a facility with a bed capacity of at
least one (1) but not more than twenty-five (25) . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .$250.00;
(B) For a facility with a bed capacity of more
than twenty-five (25) but not more than fifty (50) . . . . . . .
. . . . . . . . . . . . . . . . . . . . $500.00;
(C) For a facility with a bed capacity of more
than fifty (50) . . . . . . . . . . . . . . $1,000.00.
(v) Birthing center . . . . . . . . . . $500.00;
(vi) Boarding home in an amount established by the
department within this range . . . . . $500.00-$750.00;
(vii) Critical access hospital . . . . $500.00;
(viii) Renal dialysis center . . . . . $500.00;
(ix) Freestanding diagnostic testing center . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . $500.00;
(x) Freestanding emergency center . . . $500.00;
(xi) Home health agency . . . . . . . . $150.00;
(xii) Hospice facility . . . . . . . . $250.00;
(xiii) Hospital . . . . . . . . . . . $1,000.00;
(xiv) Intermediate care facility for people with
intellectual disability . . . . . . . . . . . . . $250.00;
(xv) Medical assistance facility . . . $250.00;
(xvi) Nursing care facility:
(A) For a facility with a bed capacity of at
least one (1) but not more than twenty-five (25) . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . $250.00;
(B) For a facility with a bed capacity of more
than twenty-five (25) but not more than fifty (50) . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . $500.00;
(C) For a facility with a bed capacity of more
than fifty (50) . . . . . . . . . . . . . . . . $1,000.00.
(xvii) Psychiatric hospital . . . . . $1,000.00;
(xviii) Rehabilitation facility . . . . $500.00;
(xix) Rehabilitation hospital . . . . . $500.00.
(h) In addition to the fees imposed under subsection (g)
of this section, if a licensed health care facility changes its
name, location or number of beds, the facility shall pay a fee
in the amount of two hundred fifty dollars ($250.00) for a
revised license.
35-2-905. Conditions, monitoring or revoking a license.
(a) The division may place conditions upon a license,
install a division approved monitor or manager at the owner's or
operator's expense, suspend admissions, or deny, suspend or
revoke a license issued under this act if a licensee:
(i) Violates any provision of this act or the rules
and regulations promulgated pursuant to this act;
(ii) Permits, aids or abets the commission of any
illegal act by a licensee;
(iii) Conducts practices detrimental to the health,
safety or welfare of the patients of the licensee;
(iv) Repealed By Laws 2008, Ch. 116, § 2.
(v) Fails to pay a nursing care facility assessment
and the department determines to suspend or revoke the license
as provided in W.S. 42-8-107(b)(ii);
(vi) Violates any provision of W.S. 35-2-1501 through
35-2-1507. This paragraph is repealed effective July 1, 2029.
(b) No license issued pursuant to this act shall be
suspended or revoked or have conditions placed upon it or
admissions suspended nor shall the division install an approved
monitor or manager without notice to the licensee and an
opportunity for a hearing under W.S. 16-3-101 through 16-3-115.
(c) If the division suspends the admission of new patients
to a health care facility, the health care facility shall be
provided an opportunity to abate the condition or conditions
prior to suspension of admissions. If the conditions leading to
the suspension of new admissions continue unabated beyond the
period allowed for abatement, the division may continue the
suspension of new admissions, or suspend or revoke the license.
(d) Any hearing held by the division under this section
shall be held in the city or town in which the facility is
located, or in the closest city or town with appropriate
facilities for a hearing.
(e) If the division finds that conditions in a health care
facility are in violation of this act and rules and regulations
adopted under this act to the extent that there exists a
substantial and immediate threat to the health or safety of
patients, it may summarily suspend the license of that facility
and take action necessary to protect the health and safety of
patients. In cases of suspension under this subsection, the
licensee shall be afforded an opportunity for a hearing within
ten (10) days after the suspension.
(f) If a license is revoked pursuant to this act, an
application for a new license may be made to the division only
after the conditions upon which revocation was based have been
corrected and evidence of this fact has been furnished to the
division. A new license shall be granted only if the applicant
is in compliance with all provisions of this act and rules and
regulations promulgated pursuant to this act.
35-2-906. Construction and expansion of facilities;
exemption.
(a) A licensee who contemplates construction of or
alteration or addition to a health care facility shall submit
plans and specifications to the division for preliminary
inspection and approval prior to commencing construction.
Significant changes to the original plans must also be submitted
and approved prior to implementation. The plans and any changes
shall indicate any increase in the number of beds. Information
submitted pursuant to this subsection shall be used by the
division only for purposes of health care and life safety
compliance determinations.
(b) Repealed by Laws 2025, ch. 102, § 2.
(c) Repealed by Laws 2025, ch. 102, § 2.
(d) Repealed By Laws 2002, Ch. 87, § 2.
(e) Repealed By Laws 2002, Ch. 87, § 2.
(f) Repealed by Laws 2025, ch. 102, § 2.
(g) Repealed by Laws 2025, ch. 102, § 2.
35-2-907. Inspection of licensed establishments;
exceptions; assisted living facility inspection procedure.
(a) Except as otherwise provided in this section every
licensed health care facility shall be periodically inspected by
the division under rules and regulations promulgated by the
department. A licensed health care facility which has been
accredited by a nationally recognized accrediting body approved
by federal regulations shall be granted a license renewal
without further inspection. Inspection reports shall be
prepared on forms prescribed by the division. Licensees
accredited by the nationally recognized accrediting body shall
submit the inspection report pursuant to its accreditation. If
the standards of the nationally recognized accrediting body fail
to meet or exceed the state standards for licensure, the
division may inspect the licensed facility with regard to those
matters which did not meet state standards.
(b) Except as required in administrative and judicial
proceedings, information obtained from licensees under this act
is subject to public disclosure only after deletion of
information which reveals the identity of patients, persons who
file complaints with the division and employees of the health
care facility.
(c) The division shall:
(i) Provide for the selection of an inspector to
inspect and evaluate an applicant for an assisted living
facility;
(ii) Approve and establish a fee to be paid by the
applicant to the selected inspector. The division shall notify
the applicant of the inspection fee prior to the inspection and
evaluation;
(iii) Act on the application within thirty (30) days
after receiving a report from the selected inspector on the
inspection and evaluation of the applicant.
35-2-908. Rules and regulations.
The department shall promulgate and enforce reasonable rules and
regulations necessary to protect the health, safety and welfare
of patients of health care facilities licensed under this act.
35-2-909. Penalties for violations.
Except for violations otherwise punishable as a felony under the
laws of this state, any person establishing or operating a
facility or providing a service without first obtaining a
license as required in this act is guilty of a misdemeanor
punishable by a fine of not to exceed seven hundred fifty
dollars ($750.00), by imprisonment for not more than six (6)
months, or both. Each calendar week or portion thereof during
which a violation continues is a separate offense.
35-2-910. Quality management functions for health care
facilities; confidentiality; immunity; whistle blowing; peer
review.
(a) Each licensee shall implement a quality management
function to evaluate and improve patient and resident care and
services in accordance with rules and regulations promulgated by
the division. Quality management information relating to the
evaluation or improvement of the quality of health care services
is confidential. Any person who in good faith and within the
scope of the functions of a quality management program
participates in the reporting, collection, evaluation, or use of
quality management information or performs other functions as
part of a quality management program with regard to a specific
circumstance shall be immune from suit in any civil action based
on such functions brought by a health care provider or person to
whom the quality information pertains. In no event shall this
immunity apply to any negligent or intentional act or omission
in the provision of care.
(b) Health care facilities subject to or licensed pursuant
to this act shall not harass, threaten discipline or in any
manner discriminate against any resident, patient or employee of
any health care facility for reporting to the division a
violation of any state or federal law or rule and regulation.
Any employee found to have knowingly made a false report to the
division shall be subject to disciplinary action by the
employing health care facility, including but not limited to,
dismissal.
(c) No hospital shall be issued a license or have its
license renewed unless it provides for the review of
professional practices in the hospital for the purpose of
reducing morbidity and mortality and for the improvement of the
care of patients in the hospital. This review shall include,
but not be limited to:
(i) The quality and necessity of the care provided to
patients as rendered in the hospital;
(ii) The prevention of complications and deaths
occurring in the hospital;
(iii) The review of medical treatments and diagnostic
and surgical procedures in order to ensure safe and adequate
treatment of patients in the hospital; and
(iv) The evaluation of medical and health care
services and the qualifications and professional competence of
persons performing or seeking to perform those services.
(d) The review required in subsection (c) of this section
shall be performed according to the decision of a hospital's
governing board by:
(i) A peer review committee appointed by the
organized medical staff of the hospital;
(ii) A state, local or specialty medical society; or
(iii) Any other organization of physicians
established pursuant to state or federal law and engaged by the
hospital for the purposes of subsection (c) of this section.
35-2-911. Nonbinding functional assessments.
The department may, with the consent of the person seeking
admission into a nursing care facility or his representative,
conduct a nonbinding functional assessment for that person at
the state's expense.
35-2-912. Repealed by the terms of Laws 2005, Ch. 243, §
1.
35-2-913. Exceptions.
(a) No freestanding emergency center shall require
separate licensure under this act when operated by the provider
based emergency department of a Wyoming licensed hospital.
(b) On and before June 30, 2025, freestanding emergency
centers operated by a hospital district or rural health care
district shall not require licensure under this act provided a
hospital transfer agreement is in place.
(c) Any freestanding emergency center shall accept
patients regardless of age, Medicare, Medicaid or other
insurance status or ability to pay. A freestanding emergency
center not owned by a Wyoming hospital shall have an appropriate
hospital transfer agreement in place.
(d) A license to operate a freestanding emergency center
shall not be construed as a license to operate a hospital and
shall not allow any freestanding emergency center to hold a
patient within its facility for more than twenty-four (24) hours
unless an emergency arises that prevents the safe transport of
the patient.
35-2-914. Visitation rights.
(a) A health care facility, as defined by W.S. 35-2-
901(a)(x), that provides twenty-four (24) hour per day care
shall allow visitation for a person receiving care in that
facility. The visitation required under this section shall not
apply to persons involuntarily detained under W.S. 25-10-109 or
25-10-110 or adults who have been charged with or convicted of a
crime and are in the custody of the state or a local
jurisdiction.
(b) A health care facility subject to subsection (a) of
this section may impose and enforce restrictions on visitation
that limit the number or age of visitors, limit the location or
time of visitation, require protective equipment or impose
requirements otherwise required under W.S. 35-1-240 or by the
centers for Medicaid and Medicare services, the centers for
disease control or the joint commission on the accreditation of
healthcare organizations. Visitation may be further restricted
or limited under this section when the health care facility
determines a restriction or limitation is necessary due to a
court order, violent or disruptive behavior or reasonable
suspicion of abuse or neglect against a person receiving care in
the facility. A health care facility shall provide a written
copy of its visitation policy upon request and shall visibly
post in the facility one (1) copy of the most current visitation
restrictions imposed in accordance with this subsection. The
health care facility shall allow the person receiving care or
that person's representative to designate persons as visitors or
to prohibit some or all visitation under this section.
ARTICLE 10 - DESIGNATION OF HOSPITALS
35-2-1001. Designation of heart attack and stroke centers.
(a) The department of health shall establish by rule and
regulation the process for recognition and designation of
hospitals as any one (1) or more of the following:
(i) Heart attack receiving centers;
(ii) Heart attack referring centers;
(iii) Comprehensive stroke centers;
(iv) Primary stroke centers;
(v) Acute stroke ready centers.
(b) The designation of hospitals pursuant to subsection
(a) of this section shall recognize those hospitals that are
accredited by the society for cardiovascular patient care, the
American heart association, the joint commission on the
accreditation of healthcare organizations or another nationally
recognized accreditation organization as determined by the
department in its rules and regulations.
(c) The department shall withdraw the designation of a
hospital pursuant to subsection (a) of this section if the
department determines that the hospital is not in compliance
with the requirements of this section or rules and regulations
adopted pursuant to this section.
(d) The department shall adopt rules and regulations to
enforce this article, which shall include all of the following:
(i) Specific criteria for qualification pursuant to
subsection (a) of this section, including identification of
accrediting organizations;
(ii) Designation application procedures;
(iii) Procedures for withdrawal of a designation;
(iv) Support for the coordination among designated
hospitals for the referral and transfer of patients to
facilitate appropriate care for acute heart attack and stroke
patients.
(v) Evidence based prehospital care protocols for
emergency medical services providers to assess, treat and
transport stroke and acute heart attack patients. The office of
emergency medical services shall work in coordination with
licensed emergency medical providers in developing the protocols
which shall include:
(A) Plans for the triage and transport of stroke
patients to the closest comprehensive or primary stroke center
or, when appropriate, to an acute stroke ready center;
(B) Plans for the triage and transport of acute
heart attack patients to the closest receiving or referring
center within a specified time after a patients report of
symptoms.
ARTICLE 11 - HEALTH CARE FACILITY RECEIVERSHIP
35-2-1101. Short title.
This act may be cited as the "Health Care Facility Receivership
Act."
35-2-1102. Definitions.
(a) As used in this act:
(i) "Department" means the department of health;
(ii) "Health care facility" means any facility
licensed or certified by the department that is a hospital or
that normally provides twenty-four (24) hour per day care for
individuals, including the facility's owner, operator or
licensee;
(iii) "This act" means W.S. 35-2-1101 through
35-2-1109.
35-2-1103. Petition for receivership; hearing; parties;
emergency order.
(a) The department may file a petition in the district
court to appoint a receiver for a health care facility, if the
facility:
(i) Is operating without a license or the facility's
license has been suspended, revoked or not timely renewed; or
(ii) Presents a situation, physical condition,
practice or method of operation that causes an imminent danger
of death or significant mental or physical harm to its residents
or patients.
(b) Service of process shall be made in any manner as
provided by the Rules of Civil Procedure. If personal service
cannot practicably or promptly be made as provided in the Rules
of Civil Procedure, service may be made by delivery of the
summons with the petition attached to any person in charge of
the health care facility at the time service is made.
(c) The court shall hold a hearing on the merits of the
petition not later than ten (10) days after the date the
petition is filed.
(d) Following a hearing, the district court shall appoint
the director of the department as the receiver if it finds by a
preponderance of the evidence that any of the conditions in
subsection (a) of this section exist.
(e) The court may appoint a receiver upon an ex parte
motion when affidavits, testimony or any other evidence
presented indicates there is a reasonable likelihood that any of
the conditions in paragraph (a)(ii) of this section exist.
Notice of the petition and ex parte order appointing the
receiver shall be served in any manner as provided by the Rules
of Civil Procedure and shall be posted in a conspicuous place
inside the facility not later than twenty-four (24) hours after
issuance of the order. A hearing on the original petition shall
be held not later than five (5) days after the issuance of the
ex parte order unless the health care facility consents to a
later date or waives the hearing.
(f) Following any regular or ex parte hearing, the
director of the department may designate a qualified person,
experienced in health facility management, to act as the
receiver. The designated person shall be free of conflict of
interest with the health care facility that is in receivership.
(g) After the appointment of a receiver, the court shall
conduct a hearing on the status of the receivership every six
(6) months.
35-2-1104. Effect of appointment.
When a receiver is appointed under this act, the health care
facility shall be divested of possession and control in favor of
the receiver. The appointment of the receiver shall not affect
the rights of the health care facility to defend against any
claim, suit or action against the facility, including, but not
limited to, any licensure, certification or injunctive action
taken by the department.
35-2-1105. Powers and duties of a receiver.
(a) A receiver appointed under this act shall:
(i) Have the same powers as a receiver under W.S.
1-33-104 and shall exercise those powers necessary to remedy the
conditions that constituted grounds for the imposition of the
receivership, assure adequate health care for the residents or
patients and preserve the assets and property of the health care
facility;
(ii) Notify each resident or patient and each
resident or patient's guardian or conservator, if any, or other
responsible party, if known, of the receivership;
(iii) Collect incoming payments from all sources;
(iv) Apply the current revenue and current assets of
the health care facility to current operating expenses of the
facility;
(v) Pay taxes against the health care facility which
become due during the receivership;
(vi) Be entitled to take possession of all property,
assets and records of residents or patients which are in the
possession of the health care facility. The receiver shall
preserve all property, assets and records of residents or
patients of which the receiver takes possession.
(b) In addition to the powers and duties provided in
subsection (a) of this section, a receiver may exercise the
following powers:
(i) Assume the role of administrator and take control
of day-to-day operations of the health care facility or name a
qualified administrator to conduct the day-to-day operations of
the health care facility subject to the supervision and
direction of the receiver;
(ii) Correct or eliminate any deficiency in the
structure or furnishings of the health care facility that
endangers the safety or health of the residents or patients
while they remain in the facility, provided the total cost of
correction does not exceed three thousand dollars ($3,000.00).
The court may order expenditures for this purpose in excess of
three thousand dollars ($3,000.00) on application from the
receiver;
(iii) Remedy violations of federal and state laws and
regulations governing the operation of the health care facility;
(iv) Contract for or hire agents and employees to
maintain and operate the facility; and
(v) Hire or discharge any employees including the
health care facility's administrator.
(c) The receiver in its discretion may, but shall not be
required to, defend any claim, suit or action against the
receiver or the health care facility arising out of conditions,
actions or circumstances occurring or continuing at the health
care facility after the appointment of the receiver.
(d) The district court may limit or expand the powers or
duties of a receiver.
35-2-1106. Termination of receivership.
(a) The court, upon a motion by the receiver, the health
care facility or the owner of the physical facility, may
terminate the receivership if:
(i) The receivership is no longer necessary because
the conditions which gave rise to the receivership no longer
exist;
(ii) All of the residents in the facility have been
transferred or discharged and the facility is ready to be
closed; or
(iii) The owner of the physical facility or the
health care facility enters into a lease or sale agreement with
a prospective operator of the facility who is licensed or can be
licensed by the department and who in the judgment of the
department will likely remedy the cause of the receivership.
(b) In its termination order, the court may include terms
it deems necessary to prevent the future occurrence of the
conditions upon which the receivership was ordered.
35-2-1107. Priorities.
(a) During a receivership under this act, the following
expenses and claims have priority in the following order:
(i) The costs and expenses of the administration of
the health care facility during the term of the receivership;
(ii) Claims for:
(A) Wages actually owing to employees, other
than officers of the facility, for services rendered within
three (3) months prior to the date of commencement of the
receivership proceeding against the facility, but not exceeding
one thousand dollars ($1,000.00) to each employee;
(B) Secured claims, including claims for taxes
and debts due the federal or any state or local government,
which are secured prior to the appointment of the receiver.
(iii) Claims by or on behalf of individual patients
or clients for the cost of health care services which were to be
provided by the facility, but were not received by the patient
or client for whom the care was paid;
(iv) Unless otherwise provided by law, all other
claims of general creditors not falling within any other
priority under this section, including claims for taxes and
debts due to the federal government or any state or local
government which are not secured claims;
(v) Proprietary claims of shareholders, members or
officers of the health care facility.
(b) Upon motion by a claimant or by one (1) of the parties
to a receivership action under this act, the district court may
amend the priorities listed in subsection (a) of this section
and order payment of claims as may be necessary in the interest
of justice.
35-2-1108. Receiver's liability.
(a) The liability of the department shall be limited as
set forth in the Wyoming Governmental Claims Act for the
operation of medical facilities and the provision of health
care.
(b) If a person is designated to act as a receiver
pursuant to W.S. 35-2-1103(f) and is not covered by the Wyoming
Governmental Claims Act, the designated receiver shall only be
held liable in a personal capacity for the designated receiver's
own gross negligence, intentional acts or breach of fiduciary
duty.
35-2-1109. Applicability.
The receivership provisions of W.S 1-33-101 through 1-33-110
shall apply to actions under this act to the extent that they do
not conflict with this act.
ARTICLE 12 - SENIOR HEALTH CARE DISTRICTS
35-2-1201. Senior health care districts; establishment;
definitions.
(a) A senior health care district may be established under
the procedures for petitioning, hearing and election of special
districts as set forth in the Special District Elections Act of
1994.
(b) As used in this article "senior health care" means
"health care" as defined in W.S. 35-22-402(a)(viii) that is
delivered to a person who is at least sixty (60) years of age, a
disabled adult who is at least eighteen (18) years of age, or a
person with medical or behavioral health care needs as
determined by appropriate medical assessments and is provided:
(i) By a person or facility licensed, certified or
otherwise authorized by the laws of this state in the ordinary
course of business or practice of a profession to provide health
care services;
(ii) Through home care services, assisted living
programs, skilled nursing facilities, nursing homes, hospice
services, residential care homes or other related facilities; or
(iii) As specified under W.S. 18-15-111(a)(i) through
(iii).
35-2-1202. Body corporate; name and style; powers
generally; rules and regulations of trustees.
(a) Each district is a body corporate and shall be
designated by the name of the .... senior health care district.
The district name shall be entered upon the commissioners'
records and shall be selected by the commissioners of the county
in which the greater area of land within the district is
located. In the name so selected, the district through its
trustees may:
(i) Direct the affairs of the district in the same
manner as a rural health care district under W.S. 35-2-703(a)(i)
through (xi) for the purpose of providing senior health care;
(ii) Provide directly or by contract for the
provision of programs or services under this article. Contracts
under this section shall:
(A) Require the provider, if an organization or
agency, to be incorporated under the laws of this state as a
nonprofit corporation prior to the receipt of any funds;
(B) Specify the manner in which the funds are
expended and the programs or services provided; and
(C) Require the provider of the programs or
services to present an annual budget for review to determine
compliance with this article and for approval by the district.
35-2-1203. Administration of finances; assessment and levy
of taxes.
(a) The board of trustees of a senior health care district
shall administer the finances of the district according to the
provisions of the Uniform Municipal Fiscal Procedures Act,
except that an annual audit in accordance with W.S. 16-4-121 is
not required. Each senior health care district shall comply with
the provisions of W.S. 9-1-507(a)(iii).
(b) The assessor shall assess the property of each senior
health care district.
(c) The board of county commissioners, at the time of
making the levy for county purposes shall levy a tax for that
year upon the taxable property in the district in its county for
its proportionate share based on assessed valuation of the
estimated amount of funds needed by each senior health care
district but in no case shall the tax for the district exceed in
any one (1) year the amount of two (2) mills on each dollar of
assessed valuation of the property.
35-2-1204. Applicability.
A senior health care district shall be operated, administered
and is otherwise subject to the provisions that govern a rural
health care district under Wyoming statutes, title 35, chapter
2, article 7, except W.S. 35-2-701, 35-2-705 and 35-2-708 shall
not apply. W.S. 35-2-711 through 35-2-722 shall not apply to
W.S. 35-2-1203. The question of approval of the issuance of
bonds for senior health care purposes pursuant to W.S. 35-2-
709(a) shall be submitted to electors only at a general
election.
ARTICLE 13 - ELECTRONIC MONITORING OF LONG-TERM CARE
35-2-1301. Short title.
This act may be cited as the "Long-term Care Electronic
Monitoring Act."
35-2-1302. Definitions.
(a) As used in this act:
(i) "Capacity to consent" means an individual's
ability to:
(A) Understand and appreciate the significant
benefits, risks and alternatives to proposed health care;
(B) Understand and appreciate the nature and
consequences of making decisions concerning one's person; and
(C) Make and communicate a health care decision.
(ii) "Department" means the Wyoming department of
health;
(iii) "Electronic monitoring" means the placement and
use of an electronic monitoring device by a resident in the
resident's room pursuant to the requirements of this act;
(iv) "Electronic monitoring device" means a video
camera or other surveillance instrument with a fixed position
that captures, records, transmits or broadcasts audio, video or
both and that is installed in a resident's room and used for
electronic monitoring of the resident and activities in the
room;
(v) "Facility" means an assisted living facility or a
nursing care facility certified, licensed or otherwise
authorized or permitted by law to provide long-term care in the
facility's ordinary course of business and through its employees
acting within the scope of their duties;
(vi) "Resident" means a person who is eighteen (18)
years or older residing at a facility;
(vii) "Resident's representative" means an individual
with a power of attorney for health care or other legal
authority to make health care decisions on behalf of a resident
who lacks capacity to consent;
(viii) "Resident's room" means a resident's private
or shared primary living space within a long-term care facility;
(ix) "This act" means W.S. 35-2-1301 through 35-2-
1308.
35-2-1303. Authorized electronic monitoring;
applicability.
(a) No facility or resident of a facility shall engage in
electronic monitoring or use electronic monitoring devices
except as provided in this act.
(b) Notwithstanding W.S. 7-3-702, nothing in this act
shall be construed to authorize or permit the use of an
electronic monitoring device for the nonconsensual interception
or unauthorized recording, storage or disclosure of private
communications or actions occurring in a resident's room.
(c) A facility may install and use security surveillance
devices in the facility's common areas and other locations
except for resident rooms as the facility deems necessary for
monitoring the facility. Any recording made by security
surveillance devices under this subsection shall be the property
of the facility.
(d) A resident or resident's representative may seek to
install and use electronic monitoring devices in the resident's
room pursuant to the requirements of this act. Any recording
made by an electronic monitoring device under this subsection
shall be the property of the resident or the resident's
representative but may be used by a facility as provided by rule
of the department.
35-2-1304. Authorized electronic monitoring; notice.
(a) Every facility where electronic monitoring devices are
in use shall post and maintain a notice or signage in a
conspicuous location at or near the facility's main entrances
stating that electronic monitoring devices may be in use in or
throughout the facility.
(b) A facility shall post and maintain notice or signage
in a conspicuous location at the entrance to each resident's
room where an electronic monitoring device is being used. The
notice or signage shall state that the resident's room is being
monitored by an electronic monitoring device.
(c) When electronic monitoring or security surveillance is
used at a facility, upon admission or at any other necessary
time as determined by the facility, a facility shall obtain the
resident's or the resident's representative's signature on a
form furnished by the department and provided to the resident or
representative by the facility. The form must at a minimum list
the following:
(i) That each resident has the right to use
electronic monitoring devices in the resident's room, provided
that any other residents in the room consent to the electronic
monitoring;
(ii) That the use of unauthorized electronic
monitoring devices or covert placement of an electronic
monitoring device is prohibited;
(iii) That other residents in the facility may be
using electronic monitoring devices in their rooms;
(iv) That a resident may file a grievance with the
facility if a facility interferes with a resident's right to use
electronic monitoring and that a resident may file a grievance
with the department if the facility fails to resolve or respond
to the grievance;
(v) The security and privacy risks associated with
the use of electronic monitoring devices;
(vi) Any other provisions required by the department
pursuant to rules promulgated in accordance with this act.
35-2-1305. Capacity; request; consent; records.
(a) A resident with capacity to consent may request and
consent to electronic monitoring pursuant to the provisions of
this act. For a resident who lacks capacity to consent, the
resident's representative may request and consent to electronic
monitoring, provided the use of electronic monitoring does not
contravene any prior expressed wishes of the resident and the
resident does not object to electronic monitoring.
(b) A resident or the resident's representative shall
request to use electronic monitoring in the resident's room
using a form provided by the department and furnished to the
resident or representative by the facility. The form required
under this subsection shall require the resident or his
representative to:
(i) Acknowledge that, by using an electronic
monitoring device, the resident may reveal personal or sensitive
information, including health-related information, to
individuals with authorized access to the electronic monitoring
device and confirm that the resident or his representative
consents to any disclosure;
(ii) Waive any claim of liability against the
facility for any civil damages for any release or use of a
recording made by security surveillance devices under the
control or in the custody of the facility or for a violation of
the resident's right to privacy in connection with the use of
electronic monitoring devices, except for acts or omissions
constituting gross negligence or willful or wanton misconduct;
(iii) Acknowledge that the consent of other residents
residing in the same room is required and that the other
residents residing in the same room may limit the resident's use
of an electronic monitoring device;
(iv) Specify the desired type and number of devices,
the proposed date of installation and a copy of any contracts
with commercial entities that will oversee the installation and
maintenance of the electronic monitoring devices;
(v) Acknowledge that facility approval of the type,
number, location and installation of electronic monitoring
devices is required before installation;
(vi) Acknowledge that the resident is responsible for
all fees associated with the electronic monitoring device
including purchase, installation, removal, maintenance, internet
connectivity and repair of any damage or markings resulting from
installation;
(vii) Complete any other requirements specified by
the department.
(c) No resident shall install an electronic monitoring
device in the resident's room without the consent of any other
resident residing in the same room. A resident may obtain the
consent of all other residents in the same room by using a form
furnished by the department and provided to the resident by the
facility. The form shall require the consenting resident or his
representative to:
(i) Acknowledge that he is not required to consent
and may revoke his consent at any time;
(ii) Acknowledge the resident's right to impose
limits on electronic monitoring pursuant to W.S. 35-2-1306(g);
(iii) Waive any claim of liability against the
facility for any civil damages for any release or use of a
recording made by an electronic monitoring device under the
control or in the custody of the facility or for a violation of
the resident's right to privacy in connection with the use of
electronic monitoring devices, except for acts or omissions
constituting gross negligence or willful or wanton misconduct;
(iv) Complete any other requirements specified by the
department.
(d) A resident requesting to use electronic monitoring may
request to switch rooms or roommates, subject to availability
and at the resident's expense. A facility unable to accommodate
a resident's request shall reevaluate the request at least one
(1) time every two (2) weeks until the facility is able to
accommodate the request. A facility shall not be responsible for
its inability to accommodate a resident's request at the time of
the request.
(e) A resident or resident's representative who consented
as provided in subsection (c) of this section may revoke that
consent at any time and for any reason. If consent is revoked, a
resident must immediately cease using any electronic monitoring
devices in the room. A facility shall have authority to remove
or disable any electronic monitoring device from a room after
consent is revoked and if the resident does not immediately
cease using the device.
(f) All facilities shall obtain and retain all forms
submitted by residents under this act. Forms shall be retained
consistent with requirements for retaining medical records
consistent with state and federal law.
35-2-1306. Facility rules; installation of electronic
monitoring devices; accommodation by facility.
(a) A facility shall not refuse to admit, remove or
retaliate against a resident who requests to use, uses or
declines to consent to use electronic monitoring in his room
pursuant to this act.
(b) A facility may develop policies governing the
placement and installation of electronic monitoring devices,
subject to the provisions of this act and any rules promulgated
by the department.
(c) A facility shall not unnecessarily impair or impede a
resident's use of electronic monitoring devices but may require
installation of devices by a licensed contractor or facility
personnel and may limit the placement of devices to maintain
resident privacy and dignity.
(d) A resident shall obtain the facility's approval before
installing or using any electronic monitoring device, subject to
the consent of any other resident residing in the same room as
required under W.S. 35-2-1305(c).
(e) A resident or the resident's representative shall be
responsible for all costs associated with purchasing,
installing, using, maintaining, servicing and removing
electronic monitoring devices. For electronic monitoring devices
requiring an internet connection, the facility may restrict or
limit a resident's use of the facility's network services for
those devices and may charge a reasonable fee to the resident
using the facility's internet for electronic monitoring.
(f) All electronic monitoring devices used by facilities
and residents in facilities shall be conspicuous and in plain
view. The facility is responsible for ensuring that no
electronic monitoring device is installed in a location that:
(i) Jeopardizes the privacy or dignity of any
resident;
(ii) Contravenes any imposed limitation on its
placement or use as set forth by the department, the facility,
the resident or any other resident residing in the same room;
(iii) Jeopardizes the safety of a resident, employee,
visitor or other person;
(iv) Violates federal, state or local regulations.
(g) Any resident residing in a room with electronic
monitoring may establish limits on the use of electronic
monitoring. The resident may impose limits restricting
monitoring during specific times, in the presence of specific
individuals, during times of personal care and treatment or for
any other reason. Upon request by the resident, the facility
shall make reasonable efforts to disable or obscure the
electronic monitoring devices and to accommodate the resident's
requested limits on electronic monitoring when the facility can
reasonably do so. The facility shall document all limits
requested by the resident and the facility's efforts to
accommodate those requests.
(h) A facility or employee of the facility shall not have
access to video or audio recordings captured by an electronic
monitoring device except as specified in this act.
35-2-1307. Admissibility of electronic monitoring;
liability; reporting.
(a) No court or state agency shall admit into evidence or
consider during any proceeding any recording created using an
electronic monitoring device in a facility unless the recording
is otherwise admissible under the Wyoming Rules of Evidence.
(b) Upon request, a facility shall receive a copy of any
recording that a party uses in an administrative proceeding
against the facility.
(c) A facility shall have no criminal or civil liability
for:
(i) Disclosing a recording made by an electronic
monitoring device for any purpose pursuant to this act; and
(ii) The disclosure of a recording for any purpose
not authorized by this act by a resident, the resident's
representative or any agent of the resident or the resident's
representative.
(d) A facility that provides internet or network access to
a resident for the resident's electronic monitoring device shall
not be liable for any network security breach caused by or
resulting in unauthorized access to the electronic monitoring
devices or any data captured, recorded, transmitted or
broadcasted by the devices.
(e) A facility shall have no civil or criminal liability
for a violation of a resident's right to privacy that arises out
of any electronic monitoring conducted in accordance with this
act.
35-2-1308. Electronic monitoring devices; rulemaking;
compliance with rules.
(a) The department shall promulgate rules necessary to
implement this act including rules for receiving and resolving
grievances received from residents.
(b) Any resident or facility using an electronic
monitoring device before, on or after October 1, 2020 shall
comply with this act.
ARTICLE 14 - PLANS OF SAFE CARE FOR INFANTS
35-2-1401. Definitions; plans of safe care; requirements.
(a) As used in this article:
(i) "Early intervention and education program" means
a program that provides services for infants and children with
developmental delays and disabilities;
(ii) "Patient care team" means a team of health care
providers, including one (1) or more licensed health care
providers, who provide medical care services to a patient;
(iii) "Plan of safe care" means a plan designed to
ensure the safety and wellbeing of an infant with prenatal
substance use exposure following the infant's release from the
care of a health care provider by addressing the health and
substance use treatment needs of the infant and the affected
family or caregiver.
(b) When an infant is born with and identified, or
identified prenatally, as being affected by substance abuse or
withdrawal symptoms resulting from prenatal drug or alcohol
exposure, a member of a patient care team shall develop a plan
of safe care, in cooperation with the infant's parents, families
or guardians and with a priority of keeping the infant in the
home as the safety and wellbeing of the infant allows in order
to:
(i) Ensure the safety and wellbeing of the infant;
(ii) Address the health and substance use treatment
needs of the infant and affected family members or caregivers;
and
(iii) Ensure that appropriate referrals are made for
the infant and affected family members or caregivers upon
discharge from the hospital or other health care provider,
including a referral to a local early intervention and education
program.
(c) The plan of safe care shall take into account whether
the infant's prenatal drug exposure occurred as a result of
medication assisted treatment or medication prescribed for the
mother by a healthcare provider, and whether the infant's mother
is or will be actively engaged in ongoing substance use disorder
treatment that would mitigate the future risk of harm to the
infant following discharge.
(d) If applicable, a copy of the plan of safe care shall
be provided to the appropriate community partners involved in
the infant's future care and included in the instructions for
the infant upon discharge from the hospital or other health care
provider.
(e) The patient care team shall report the total number of
infants and families for whom a plan of safe care has been
developed to the department of family services pursuant to the
Comprehensive Addiction and Recovery Act of 2016, P.L. No. 114-
198.
(f) A plan of safe care shall contain a termination date
not to exceed one (1) year after the plan of safe care is
initiated. The patient care team and the parents, families or
guardians may initiate subsequent plans of safe care after the
termination of the initial plan of safe care under this
subsection.
ARTICLE 15 - HOSPITAL PRICE TRANSPARENCY ACT
35-2-1501. Short title; purpose; sunset.
(a) This act shall be known and may be cited as the
"Hospital Price Transparency Act."
(b) The purpose of this act is to require hospitals to
disclose prices for certain items and services and to provide
civil penalties.
(c) This article is repealed effective July 1, 2029.
35-2-1502. Definitions.
(a) As used in this act:
(i) "Department" means the department of health;
(ii) "De-identified maximum negotiated charge" means
the highest charge a facility has negotiated with any third
party payors for a facility item or service;
(iii) "De-identified minimum negotiated charge" means
the lowest charge a facility has negotiated with any third party
payors for a facility item or service;
(iv) "Discounted cash price" means the charge that
applies to a person who pays cash, or a cash equivalent, for a
facility item or service;
(v) "Facility" means a hospital located within the
state and licensed under title 35, chapter 2, article 9 of the
Wyoming statutes;
(vi) "Facility item or service" means all items and
services, including individual items and services and service
packages, that may be provided by a facility to a patient in
connection with an inpatient admission or an outpatient
department visit, including:
(A) Supplies and procedures;
(B) Room and board;
(C) Use of the facility and other areas,
generally referred to as facility fees;
(D) Services of health care providers, generally
referred to as professional charges;
(E) Any other item or service offered by the
facility.
(vii) "Gross charge" means the charge for a facility
item or service that is reflected on a facility's list, less any
discounts;
(viii) "Machine-readable format" means a digital
representation of information that can be imported or read into
a computer system for processing;
(ix) "Payor-specific negotiated charge" means the
charge that a facility has negotiated with a third party payor
for a facility item or service;
(x) "Shoppable service" means a facility item or
service that may be scheduled by a patient in advance;
(xi) "Standard charge" means the regular rate
established by the facility for a facility item or service
provided to a specific group of paying patients. The term
includes all of the following:
(A) The gross charge;
(B) The payor-specific negotiated charge;
(C) The de-identified minimum negotiated charge;
(D) The de-identified maximum negotiated charge;
(E) The discounted cash price.
(xii) "Third party payor" means a person who is, by
statute, contract or agreement, legally responsible for payment
of a claim for a facility item or service;
(xiii) "This act" means W.S. 35-2-1501 through 35-2-
1507.
35-2-1503. List of standard charges required.
(a) A facility shall:
(i) Maintain a list of all standard charges for
facility items or services in accordance with this section;
(ii) Maintain a list of the standard charges required
under paragraph (i) of this subsection for not less than three
hundred (300) shoppable services provided by the facility, or as
many of the shoppable services the facility provides, in
accordance with this section; and
(iii) Make the lists required by paragraphs (i) and
(ii) of this subsection available to the public at all times.
(b) The lists required to be maintained by a facility
under subsection (a) of this section shall reflect the standard
charges applicable to each location as required by federal rules
and regulations.
(c) The lists required under subsection (a) of this
section shall include the following items, if applicable:
(i) A description of each facility item or service
provided by the facility;
(ii) The following charges, expressed in dollar
amounts, for each individual facility item or service:
(A) All standard charges;
(B) Any code used by the facility for purposes
of accounting or billing; and
(C) A list of charges for shoppable services as
required by paragraph (a)(ii) of this section, including but not
limited to:
(I) The charges for shoppable services
specified by the centers for Medicare and Medicaid services in
45 C.F.R. part 180; or
(II) If the facility does not provide all
of the shoppable services described by subdivision (I) of this
subparagraph, then the facility shall provide as many of the
charges for those shoppable services as the facility does
provide.
(d) The lists required by subsection (a) of this section
shall be displayed in a prominent location on the home page of
the facility's publicly accessible website or accessible through
a link on that website.
(e) The lists required under subsection (a) of this
section shall:
(i) Be available:
(A) Free of charge;
(B) Without having to establish a user account
or password;
(C) Without having to submit personal
identifying information;
(D) Without having to enter a code to access the
list.
(ii) Be accessible to a common commercial operator of
an internet search engine to the extent necessary for the search
engine to index and display the lists as a result in response to
a search query of a user of the search engine;
(iii) Be digitally searchable;
(iv) Use the naming convention specified by the
centers for Medicare and Medicaid services.
(f) Each facility shall update the lists required by
subsection (a) of this section not less than annually. Each
facility shall clearly indicate on its website the date that the
lists were updated.
35-2-1504. Monitoring.
(a) The department shall monitor each facility's
compliance with the requirements of this act using any of the
following methods:
(i) Evaluating complaints made by persons to the
department regarding noncompliance with the act;
(ii) Reviewing any analysis prepared regarding
noncompliance with this act;
(iii) Auditing the websites of facilities for
compliance with this act.
(b) Notwithstanding any provision of law to the contrary,
in considering an application for renewal of a facility's
license or certificate, the department may consider whether a
facility is or has been in substantial compliance with this act.
35-2-1505. Material violation; corrective action plan.
(a) A facility materially violates this act if the
facility fails to comply with the requirements of W.S. 35-2-
1503.
(b) If the department determines that a facility has
materially violated this act, the department shall issue a
material violation notice to the facility and require that the
facility submit a corrective action plan. The notice shall
indicate the form and manner that the corrective action plan
shall be submitted to the department and shall clearly state the
date by which the facility shall submit the plan.
(c) The facility that receives a notice under subsection
(b) of this section shall:
(i) Submit a corrective action plan in the form and
manner, and by the specified date, prescribed by the notice of
violation; and
(ii) Act to comply with the corrective action plan by
the date required by paragraph (d)(ii) of this section.
(d) A corrective action plan submitted to the department
shall:
(i) Describe in detail the corrective action the
facility will take to address any violation identified by the
department in the notice provided under subsection (b) of this
section; and
(ii) Provide a date that corresponds with federal
rules and regulations by which the facility will complete the
corrective action plan.
(e) A corrective action plan is subject to review and
approval by the department. After the department reviews and
approves a facility's corrective action plan, the department
shall monitor and evaluate the facility's compliance with the
plan.
35-2-1506. Civil penalty for violations.
(a) The department may impose a civil penalty on a
facility if a facility fails to:
(i) Respond to the department's notice to submit a
corrective action plan within the timeframe specified by federal
rules and regulations; or
(ii) Comply with the requirements of a corrective
action plan submitted to the department within the timeframe
specified by federal rules and regulations.
(b) A civil penalty imposed under subsection (a) of this
section shall be:
(i) For facilities categorized as critical access
hospitals:
(A) For a first offense within any twelve (12)
month period, one hundred dollars ($100.00) per day for each day
the department imposes a civil penalty under subsection (a) of
this section;
(B) For a second offense within any twelve (12)
month period, five hundred dollars ($500.00) per day for each
day the department imposes a civil penalty under subsection (a)
of this section;
(C) For a third or subsequent offense within any
twelve (12) month period, one thousand dollars ($1,000.00) per
day for each day the department imposes a civil penalty under
subsection (a) of this section.
(ii) For hospitals with prospective payment systems,
one thousand dollars ($1,000.00) per day for each day within any
twelve (12) month period the department imposes a civil penalty
under subsection (a) of this section.
35-2-1507. Legislative recommendations.
The department may propose to the legislature any necessary
recommendations for amending this act, including recommendations
in response to amendments by the centers for Medicare and
Medicaid services to 45 C.F.R. part 180.
CHAPTER 3 - SANITARY AND IMPROVEMENT DISTRICTS
35-3-101. Procedure for proposing establishment of
sanitary and improvement districts.
(a) Repealed by Laws 1998, ch. 115, § 5.
(b) Repealed by Laws 1998, ch. 115, § 5.
(c) Repealed by Laws 1998, ch. 115, § 5.
(d) Repealed by Laws 1998, ch. 115, § 5.
(e) Repealed by Laws 1998, ch. 115, § 5.
(f) Repealed by Laws 1998, ch. 115, § 5.
(g) A special sanitary and improvement district may be
established under the procedures for petitioning, hearing and
election of special districts as set forth in the Special
District Elections Act of 1994.
35-3-102. Contents of petition; lands not to be included.
The petition for the establishment of said district shall
contain a definite description of the territory intended to be
embraced in such district according to government survey and the
name of the proposed district. No lands included within any
municipal corporation shall be included in any sanitary and
improvement district, and no tract of twenty (20) acres or more
which is outside any municipal corporation and is used primarily
for industrial purposes shall be included in any sanitary and
improvement district organized under this act without the
written consent of the owner of such tract.
35-3-103. Election of trustees at organization; term;
salary; corporate powers.
At the election for the organization of the district, there
shall be elected two (2) trustees for a term of two (2) years
and three (3) trustees for a term of four (4) years. Thereafter
their respective successors shall be elected for a term of four
(4) years and until their successors are elected pursuant to the
Special District Elections Act of 1994. At the first meeting
after election of one (1) or more members, the board shall elect
one (1) of their number president. Such district shall be a body
corporate and politic by name of "Sanitary and Improvement
District of ....", with power to sue, be sued, contract,
acquire, and hold property, and adopt a common seal. The
trustees shall each receive as his salary the sum of three
dollars ($3.00) for each meeting.
35-3-104. Bond of trustees.
Each trustee of any such district shall, prior to entering upon
his office, execute and file with the county clerk of the county
in which said district, or the greater portion of the area
thereof, is located his bond, with one (1) or more sureties, to
be approved by the county clerk, running to the state of Wyoming
in the penal sum of five thousand dollars ($5,000.00),
conditioned for the faithful performance by said trustee of his
official duties and the faithful accounting by him for all funds
and property of the district that shall come into his possession
or control during his term of office. The premium, if any, on
any such bond shall be paid out of the funds of the district.
Suit may be brought on said bonds by any person, firm or
corporation that has sustained loss or damage in consequence of
the breach thereof.
35-3-105. Election and compensation of clerk; employment
of engineer; ordinances, rules and regulations; publication of
proceedings.
The board of trustees shall elect one (1) of their members clerk
and have the power to appoint, employ and pay an engineer, who
shall be removable at pleasure. The clerk may be paid not to
exceed five hundred dollars ($500.00) per year by said board.
The board shall have power to pass all necessary ordinances,
orders, rules and regulations for the necessary conduct of its
business and to carry into effect the objects for which such
sanitary and improvement district is formed. Immediately after
each regular and special meeting of said board, it shall cause
to be published in one (1) newspaper of general circulation in
the district, a brief statement of its proceedings, including an
itemized list of bills and claims allowed, specifying the amount
of each, to whom paid and for what purpose; provided, no
publication shall be required unless the same can be done at an
expense not exceeding one-third of the rate for publication of
legal notices.
35-3-106. Power of trustees to establish water mains,
sewers and disposal plants; approval by state department of
health.
The board of trustees of any district organized under this act
shall have power to provide for establishing, maintaining and
constructing water mains, sewers and disposal plants, and
disposing of drainage, waste and sewage of such district in a
satisfactory manner. Any system established shall be approved by
the Wyoming state department of health. The district may
construct its sewage disposal plant and other sewerage
improvements, in whole or in part, inside or outside the
boundaries of the district and may contract with corporations or
municipalities for disposal of sewage and use of existing
sewerage improvements.
35-3-107. Contracts.
All contracts for work to be done, the expense of which is more
than five hundred dollars ($500.00), may employ alternate design
and construction delivery methods as defined in W.S. 16-6-701
and shall be let to the lowest responsible bidder, upon notice
of not less than twenty (20) days of the terms and conditions of
the contract to be let. The board of trustees shall have power
to reject any and all responses or bids and readvertise for the
letting of such work.
35-3-108. Repealed by Laws 2017, ch. 62, § 3.
35-3-109. Annual tax levy authorized; certification and
collection; treasurer designated.
The board of trustees may annually levy and collect taxes for
corporate purposes upon property within the limits of such
sanitary and improvement district, to the amount of not more
than one (1) mill on the dollar of the actual valuation for
general purposes and file the resolution in the office of the
county clerk who shall record the same in the county where the
district lies. The board shall also certify the same to the
county assessor of the counties in which the district is
located, who shall extend the same upon the county tax list. The
same shall be collected by the county treasurer in the same
manner as state and county taxes. The county treasurer of the
county in which the greater portion of the area of the district
is located shall disburse the same on warrants of the board of
trustees, and in respect to such fund the county treasurer shall
be ex officio treasurer of the sanitary and improvement
district.
35-3-110. Eminent domain; power conferred.
Such sanitary and improvement district may acquire by purchase,
condemnation or otherwise, real or personal property,
right-of-way, and privilege, within or without its corporate
limits, necessary for its corporate purposes.
35-3-111. Eminent domain; manner of exercise; ascertaining
damage to property.
Whenever the board of trustees of any sanitary and improvement
district shall by order determine to make any public improvement
under the provisions of this act which shall require that
private property be taken or damaged, the district may cause the
damage therefor to be ascertained as nearly as may be according
to the provisions of law for the appropriation of right-of-way
by railway companies.
35-3-112. Right-of-way over public lands.
Whenever it is necessary, in making any improvement under the
provisions of this act, to enter upon or cross any state or
public lands, the district may acquire a right-of-way over the
lands subject to any rules, regulations or requirements as may
be necessary and by paying fair market value for the right-of-
way as determined by the board of land commissioners subject to
appeal to district court as to the determination of fair market
value.
35-3-113. Annual oversight of accounts; information to be
shown; powers and duties of director.
(a) The director of the state department of audit shall
cause there to be oversight of the books of account, kept by the
board of trustees of each sanitary and improvement district in
the state of Wyoming, in accordance with W.S. 9-1-507 or
16-4-121(f), as applicable.
(i) Repealed by Laws 1995, ch. 199, § 2.
(ii) Repealed by Laws 1995, ch. 199, § 2.
(iii) Repealed by Laws 1995, ch. 199, § 2.
(iv) Repealed by Laws 1995, ch. 199, § 2.
(v) Repealed by Laws 1995, ch. 199, § 2.
(vi) Repealed by Laws 1995, ch. 199, § 2.
(vii) Repealed by Laws 1995, ch. 199, § 2.
(viii) Repealed by Laws 1995, ch. 199, § 2.
(ix) Repealed by Laws 1995, ch. 199, § 2.
(x) Repealed by Laws 1995, ch. 199, § 2.
(xi) Repealed by Laws 1995, ch. 199, § 2.
(b) All reports under subsection (a) of this section shall
be and remain a part of the public records in the office of the
director of the state department of audit. The expense of such
oversight shall be paid out of the funds of the district. The
director of the state department of audit or his designee shall
be given access to all books and papers, contracts, minutes,
bonds and other documents and memoranda of every kind and
character of such district and be furnished all additional
information possessed by any present or past officer or employee
of any such district, or by any other person, that is essential
to the making of a comprehensive and correct report.
35-3-114. Annexation by city or village.
If the district, or any part of it, is annexed by any city or
village, such city or village shall assume and pay the bonds and
other obligations outstanding at the time of annexation.
35-3-115. Bonds; general requirements as to issuance; tax
levy.
The district may borrow money for corporate purposes and issue
its general obligation bonds therefor, but the principal amount
of the general obligation bond shall not exceed ten percent
(10%) of the assessed valuation of the taxable property in the
district and the district shall cause to be levied and collected
annually a tax by valuation on all the taxable property in the
district, except intangible property, sufficient to pay the
interest and principal of the bonds as the interest and
principal become due and payable. In lieu of the issuance of
general obligation bonds, the district may issue its revenue
bonds to pay all or part of the cost of the improvements and
pledge and hypothecate the revenues and earnings of its sewer
system for the payment of the revenue bonds, and enter into a
contract with reference thereto as may be necessary or proper.
The district may pay part of the cost of the improvements by the
issuance of general obligation bonds and part by the issuance of
revenue bonds. The procedure for the issuance of the bonds shall
be that prescribed by this act. The limit on the amount of the
bonds shall not apply to revenue bonds payable solely from the
revenues and earnings of the district.
35-3-116. Bonds; judicial examination and approval;
prerequisite to sale.
The board of trustees of a sanitary and improvement district
organized under the provisions of this act, shall, before
issuing and before selling any bonds of such district, commence
special proceedings, in and by which the proceedings of the
board and of the district providing for and authorizing the
issue and sale of the bonds of the district shall be judicially
examined, approved and confirmed, or disapproved and
disaffirmed.
35-3-117. Bonds; judicial examination and approval;
petition.
The board of trustees of the district or such holder or holders
of any bond or bonds of the district shall file in the district
court of the county in which the lands of the district, or the
greater portion thereof, are situated, a petition praying in
effect that the proceedings aforesaid may be examined, approved,
and confirmed by the court. The petition shall state the facts
showing the proceedings had for the issuance and sale of the
bonds and shall state generally that the sanitary and
improvement district was duly organized, and that the first
board of trustees was duly elected. The petition need not state
the facts showing such organization of the district or the
election of the first board of trustees.
35-3-118. Bonds; judicial examination and approval; notice
and hearing.
The court shall fix the time for the hearing of the petition,
and shall order the clerk of the court to give and publish a
notice of the filing of the petition. The notice shall be given
as is provided in section 3. The notice shall state the time and
place fixed for the hearing of the petition and prayer of the
petition, and that any person interested in the organization of
the district, or in the proceedings for the issuance or sale of
the bonds may, on or before the day fixed for the hearing of the
petition, move to dismiss the petition or answer thereto. The
petition may be referred to and described in the notice as the
petition of .... (giving its name), praying that the proceedings
for the issuance and sale of such bonds of such district may be
examined, approved and confirmed by the court.
35-3-119. Bonds; judicial examination and approval;
objections to petition; pleading and practice.
Any person interested in the district, or in the issuance or
sale of the bonds, may move to dismiss the petition or answer
thereto. The provisions of the Code of Civil Procedure
respecting motions and answer to a petition shall be applicable
to motions and answer to the petition in such special
proceedings. The persons so filing motion and answering the
petition shall be the defendants in the special proceedings, and
the board of trustees shall be the plaintiff. Every material
statement of the petition not specially controverted by the
answer must, for the purpose of such special proceedings, be
taken as true. Each person failing to answer the petition shall
be deemed to admit as true all the material statements of the
petition. The rules of pleading and practice provided by the
Code of Civil Procedure which are not inconsistent with the
provisions of this act are applicable to the special proceedings
herein provided for.
35-3-120. Bonds; judicial examination and approval; powers
of court; confirmation or disapproval of issue; cost; history of
proceedings; endorsement and registration.
Upon the hearing of such special proceedings, the court shall
have power and jurisdiction to examine and determine the
legality and validity of, and approve and confirm or disapprove
and disaffirm each and all of the proceedings for the
organization of such district under the provisions of this act,
from and including the petition for the organization of the
district, and all other proceedings which may affect the
legality or validity of the bonds and the order of sale and the
sale thereof. The court in inquiring into the regularity,
legality or correctness of such proceedings, must disregard an
error, irregularity or omission which does not affect the
substantial rights of the parties to such special proceedings.
It may approve and confirm such proceedings in part and
disapprove and declare illegal or invalid other and subsequent
parts of the proceedings. The court shall find and determine
whether the notice of the filing of the petition has been duly
given and published for the time and in the manner prescribed in
W.S. 35-3-118. The costs of the special proceedings may be
allowed and apportioned between the parties in the discretion of
the court. If the court shall determine the proceedings for the
organization of the district and for the voting and issuing of
the bonds legal and valid, the board of trustees shall then
prepare a written statement beginning with the filing of the
petition for the organization of the district, including all
subsequent proceedings for the organization of the district and
voting and issuing of the bonds, and ending with the decree of
the court finding the proceedings for the organization of the
district and the proceedings for the voting and issuing of the
bonds legal and valid, and shall present such written statement
and the bonds to the director of the state department of audit.
The written statement shall be certified under oath by the board
of trustees of the district, and the director shall then examine
the statements and the bonds so submitted to him and if he is
satisfied that the bonds have been voted in conformity to law
and are in all respects in due form, he shall record the
statement and register the bonds in his office. No such bonds
shall be issued or be valid unless they shall be so registered
and have endorsed thereon a certificate of the examiner showing
that such bonds are issued pursuant to law, the data filed in
the office of the director being the basis of such certificate.
35-3-121. Bonds; objections to issuance; submission of
question to voters; issuance upon favorable vote; rate of
interest.
If the electors of the district, equal in number to forty
percent (40%) of the electors of the district voting at the last
general state election, file written objections to the proposed
issuance of the bonds with the clerk of the board of trustees
within twenty (20) days after the first publication of notice,
the board of trustees shall submit the proposition of issuing
the bonds to the electors of the district at an election on a
date as determined by the board of county commissioners and
authorized under W.S. 22-21-103, notice of which shall be given
by publication in a legal newspaper published or of general
circulation in the district three (3) consecutive weeks. If a
majority of the qualified electors of the district, voting upon
the proposition, vote in favor of issuing bonds, the board of
trustees may issue and sell bonds and, if revenue bonds are
issued, pledge for the payment of same the revenues and earnings
of the improvements as proposed in the notice, and enter into
contracts in connection therewith as may be necessary or proper.
The bonds shall draw interest from and after the date of the
issuance thereof, at a rate determined by the board. In the
event the electors fail to approve the proposition by majority
vote, the proposition shall not be again submitted to the
electors for their consideration until five (5) months have
elapsed from the date of the election.
35-3-122. Rules and regulations of trustees; determination
and collection of service charges; discontinuance of service.
The board of trustees may make all necessary rules and
regulations governing the use, operation, and control thereof.
The board may establish an initial connection charge to be paid
by any person, firm or corporation connecting to the system at
the time of connection and establish just and equitable rates or
charges to be paid to it for connections and the use of the
water mains, disposal plant and sewerage system by each person,
firm or corporation whose premises are served thereby. If the
service charge so established is not paid when due, such sum may
be recovered by the district in an action for the recovery of
money or it may be certified to the county assessor and assessed
against the premises served, and collected or returned in the
same manner as other district taxes are certified, assessed,
collected and returned. The district through its board of
trustees, may make contracts or agreements whereby a person or
corporation, public or private, furnishing water to the
inhabitants of the district, shall turn off and refuse to sell
water to any such water user who is delinquent in the payment of
any sewer rental or service charges over forty-five (45) days.
Notice of such discontinuance of water service to such person or
corporation and water user shall be given by registered mail.
35-3-123. Required connections with sewer.
Whenever a sewer system has been established, all dwellings in
the district shall connect therewith and all septic tanks shall
be dispensed with. The board of trustees shall have the
authority to institute court proceedings in a court of competent
jurisdiction to carry out the provisions of this section.
35-3-124. Preparation of plans and specifications for
improvement; estimate of cost; notice required before adoption;
information to be shown in notice.
(a) The board of trustees of such district shall first
cause plans and specifications for said improvements and an
estimate of the cost thereof to be made by a special engineer
employed for that purpose. Such plans, specifications and
estimate of cost, after being approved and adopted by the board
of trustees, shall be filed with the county clerk and be open to
public inspection.
(b) The board of trustees shall then, by resolution
entered in the minutes of their proceedings, direct that public
notice be given in regard thereto. This notice shall state:
(i) The general nature of the improvements proposed
to be made;
(ii) That the plans, specifications and estimate
thereof are on file in the office of the county clerk and are
open to public inspection;
(iii) The estimated cost thereof;
(iv) That it has proposed to pay for the same by:
(A) Direct obligation bonds payable from
unlimited ad valorem taxes on all the property located in the
district in which the bonds are issued;
(B) Revenue bonds payable from service charges
from present and future residents of the district; or
(C) A combination of the two (2) methods.
(v) The principal amount of said bonds which it
proposes to issue;
(vi) The maximum rate of interest which the bonds
will bear and that they shall mature in not to exceed forty (40)
years from the date of issuance thereof;
(vii) That in the event revenue bonds are issued, the
payment of said bonds will be a lien upon and will be secured by
a pledge of the revenues and earnings from the improvements;
(viii) The kind of improvements whose revenues and
earnings are to be so pledged;
(ix) That any qualified elector of the district may
file written objections to the issuance of said bonds with the
clerk of the board of trustees of the district within twenty
(20) days after the first publication of said notice;
(x) That if such objections are filed within said
time by qualified electors of the district, equal in number to
forty percent (40%) of the electors of the district who voted at
the last general state election, the bonds will not be issued
unless the issuance of such bonds is otherwise authorized in
accordance with law; and
(xi) That if such objections are not so filed by such
percentage of such electors, the board of trustees of the
district proposes to pass a resolution authorizing the sale of
said bonds and making such contracts with reference thereto as
may be necessary or proper.
(c) Such notice shall be signed by the clerk of the board
of trustees and be published three (3) consecutive weeks in a
legal newspaper published or of general circulation in the
district.
CHAPTER 4 - HEALTH REGULATIONS GENERALLY
ARTICLE 1 - COMMUNICABLE DISEASES
Division 1. Generally
35-4-101. Department of health to prescribe rules and
regulations; penalty for violation; resisting or interfering
with enforcement.
The state department of health shall have the power to prescribe
rules and regulations for the management and control of
communicable diseases. Any persons violating or refusing to obey
such rules and regulations or resisting or interfering with any
officer or agent of the state department of health while in the
performance of his duties shall be deemed guilty of a
misdemeanor and upon conviction thereof, shall be punished by
the imposition of such penalty as may be provided by law. Or in
the discretion of the court said person may be punished by a
fine of not more than one hundred dollars ($100.00) or
imprisonment not exceeding thirty (30) days, or both such fine
and imprisonment.
35-4-102. Liability of county for medical services;
indigent patients.
The respective counties of the state shall not be liable for the
payment of any claim for service rendered by any physician in
the treatment of contagious diseases, unless such treatment
shall be for the care of indigent persons who are a public
charge.
35-4-103. Investigation of diseases; quarantine;
regulation of travel; employment of police officers to enforce
quarantine; report of county health officer; supplies and
expenses.
The department of health shall, immediately after the receipt of
information that there is any smallpox, cholera, scarlet fever,
diphtheria or other infectious or contagious disease, which is a
menace to the public health, in any portion of this state, order
the county health officer to immediately investigate the case
and report to the state health officer the results of the
investigation. The state health officer shall, subject to W.S.
35-4-112 and if in his judgment the occasion requires, direct
the county health officer to declare the infected place to be in
quarantine. The county health officer shall place any
restrictions upon ingress and egress at this location as in his
judgment or in the judgment of the state health officer are
necessary to prevent the spread of the disease from the infected
locality. The county health officer shall upon declaring any
city, town or other place to be in quarantine, control the
population of the city, town or other place as in his judgment
best protects the people and at the same time prevents the
spread of the disease. If necessary for the protection of the
public health and subject to W.S. 35-4-112, the state health
officer shall establish and maintain a state quarantine and
shall enforce practical regulations regarding railroads or other
lines of travel into and out of the state of Wyoming as
necessary for the protection of the public health. The expenses
incurred in maintaining the state quarantine shall be paid out
of the funds of the state treasury appropriated for this purpose
and in the manner in which other expenses of the department are
audited and paid. The county health officer or the department
may employ a sufficient number of police officers who shall be
under the control of the county health officer, to enforce and
carry out any quarantine regulations the department may
prescribe. The regulations shall be made public in the most
practicable manner in the several counties, cities, towns or
other places where the quarantine is established. If the
quarantine is established by the county health officer, he shall
immediately report his actions to the state health officer. The
county health officer shall furnish all supplies and other
resources necessary for maintaining the quarantine. Upon
certificate of the county health officer approved by the
director of the state department of health, the county
commissioners of any county where a quarantine has been
established shall issue warrants to the proper parties for the
payment of all expenses, together with the expense of employing
sufficient police force, to maintain and enforce the quarantine.
For purposes of this act, "state health officer" means as
defined in W.S. 9-2-103(e).
35-4-104. Quarantine regulations generally; modification
or abrogation.
In case of the existence of smallpox, cholera, typhoid fever,
scarlet fever, diphtheria, or any infectious or contagious
disease, including venereal diseases, that is a menace to public
health, or of any epidemic of any such disease, the state health
officer may, if he deems proper, proceed to the locality where
such disease exists, and make such investigation as is necessary
to ascertain the cause therefor, and in case of quarantine
established by the county health officer, the state health
officer shall have power after close personal inspection, to
modify or abrogate any or all quarantine regulations after the
same have been established.
35-4-105. Escape from quarantine deemed crime; punishment.
Any person or persons confined in any quarantine established in
this state under the provisions of this act who shall escape
therefrom or attempt to escape therefrom, without having been
dismissed upon the certificate or authority of the county health
officer may be charged with a crime and shall be quarantined for
tuberculosis or other emergent disease or condition that might
pose comparable risk for transmission in the absence of strict
quarantine, and confined to a site designated by the state
health officer and the director of the department of health
until such disease is cured or becomes inactive or
noninfectious. Upon conviction of a violation of this section, a
person may be punished by a fine of not more than five hundred
dollars ($500.00) or imprisonment for not more than one (1)
year.
35-4-106. Vaccination for smallpox; penalty for refusal.
The state department of health may adopt such measures for the
general vaccination of the inhabitants of any city, town or
county in the state, as they shall deem proper and necessary to
prevent the introduction or arrest the progress of smallpox; and
every person who shall refuse to be vaccinated, or prevent any
person under his care and control from being vaccinated, or who
shall fail to present himself or herself to the county health
officer or a practicing physician acting under the direction of
the department or county health officer, for the purpose of
being vaccinated, if such physician believes vaccination
necessary, shall upon conviction be fined not more than one
hundred dollars ($100.00) or less than ten dollars ($10.00) or
imprisoned in the county jail not more than thirty (30) days.
35-4-107. Report required of physician; record of each
case to be kept; duty of individuals to report diseases.
(a) Pursuant to department of health rules and
regulations, the state health officer or his designee shall
publish a list of communicable diseases or conditions to be
reported by licensed physicians and laboratories in the state.
It shall be the duty of every practicing or licensed physician
or other health care provider as provided by department rules
and regulations in the state of Wyoming to report immediately to
the state health officer or his designee in the manner
established by department rule and regulation through published
reporting procedures provided to each licensed physician or
laboratory. The state health officer or his designee shall
collect and provide information which may include the name of
the person suffering from disease only to the county health
officer or health representatives where disease control efforts
are required. For purposes of this section, "health
representatives" means those health care workers assigned by
federal, state or local health authorities to assist with
disease control and investigation efforts under the direct
supervision of the state health officer or his designee and
local county health officer. Any person knowing of a case of a
serious contagious or infectious disease, not under the care of
a physician, may report the same to the state health officer or
his designee or the health officer of the county in which the
disease exists.
(b) Pursuant to department of health rules and
regulations, there may be a review of medical records by the
state health officer, his designee or their designated health
care representatives who shall be under the direct supervision
of the state health officer or his designee to confirm
diagnosis, investigate causes or identify other cases of disease
conditions in a region, community or workplace in the state to
determine if proper measures have been taken to protect public
health and safety. Notwithstanding other provisions of state
law, the review of records may occur without patient consent,
but shall be kept confidential and shall be restricted to
information necessary for the control, investigation and
prevention of disease conditions dangerous to the public health.
Any person who receives medical information under this
subsection shall not disclose that information for any other
purpose other than for purposes of the investigation and disease
control efforts. Any violation of this subsection is a
misdemeanor punishable by imprisonment for not more than six (6)
months, a fine of not more than one thousand dollars
($1,000.00), or both.
35-4-108. Penalty for failure to report or for false
report.
Any practicing, licensed physician or other person required to
report who fails to report to the state health officer or his
designee any case of disease in the manner provided in W.S.
35-4-107, or who willfully makes any false report regarding any
case, shall be guilty of a misdemeanor, punishable by a fine of
not more than one thousand dollars ($1,000.00), or imprisonment
in the county jail not more than six (6) months, or both.
35-4-109. Spreading contagious disease; prohibited.
Any person who shall knowingly have or use about his premises,
or who shall convey or cause to be conveyed into any
neighborhood, any clothing, bedding or other substance used by,
or in taking care of, any person afflicted with the smallpox or
other infectious or contagious disease, or infected thereby, or
shall do any other act with intent to, or necessarily tending to
the spread of such disease, into any neighborhood or locality,
shall be deemed guilty of a misdemeanor, and upon conviction
thereof before any court of competent jurisdiction shall be
fined in any sum not more than five hundred dollars ($500.00),
or imprisoned in the county jail not exceeding six (6) months,
or by both fine and imprisonment; and the court trying any such
offender may also include in any judgment rendered, an order to
the effect that the clothing or other property infected be
burned or otherwise destroyed, and shall have power to carry
such order into effect.
35-4-110. Spreading contagious disease; liability for
damages in civil action.
Any person guilty of violating the provisions of W.S. 35-4-109,
in addition to the penalties therein prescribed, shall be liable
in a civil action in damages to any and all persons, who may,
from that cause, become infected with such contagious disease;
said damages shall be so assessed as to include, in addition to
other damages, all expenses incurred by reason of such sickness,
loss of time and burial expenses; and such action may also be
maintained by the representative of any deceased person.
35-4-111. Reporting of Reye's Syndrome.
Every hospital or local health officer shall immediately report
every diagnosed case of Reye's Syndrome to the state health
officer of the department of health.
35-4-112. Right of appeal of quarantine.
(a) Any person who has been quarantined pursuant to this
act may appeal to the district court at any time for release
from the quarantine. The court may hold a hearing on the appeal
after notice is provided to the state health officer at least
seventy-two (72) hours prior to the hearing. After the hearing,
if the court finds that the quarantine is not reasonably
necessary to protect the public health, it shall order the
person released from quarantine. The burden of proof for the
need for the quarantine shall be on the state health officer,
except that in the case of bona fide scientific or medical
uncertainty the court shall give deference to the professional
judgment of the state health officer unless the person
quarantined proves by a preponderance of the evidence that the
quarantine is not reasonably necessary to protect the public
health.
(b) Any person quarantined shall have the right to
communicate by telephone or any other available electronic
means, but the state health officer may, in order to protect the
public health, deny the quarantined person's right to meet in
person with any person not subject to the quarantine, except
that a parent or legal guardian may upon request be quarantined
with the minor patient.
(c) In the event of a public health emergency of unknown
effect, the state health officer may impose a temporary
quarantine until there is sufficient information to determine
what actions, if any, are reasonably needed to protect the
public health.
35-4-113. Treatment when consent is not available;
quarantine.
(a) Except as provided by subsection (b) of this section,
W.S. 14-4-116 and 21-4-309, the state health officer shall not
subject any person to any vaccination or medical treatment
without the consent of the person.
(b) During a public health emergency, the state health
officer may subject a person to vaccination or medical treatment
without consent in the following circumstances:
(i) If the parent, legal guardian or other adult
person authorized to consent to medical treatment of a minor
child cannot be located and consulted and the vaccination of or
medical treatment for the minor child is reasonably needed to
protect the public health or protect the minor child from
disease, death, disability or suffering;
(ii) If the person authorized to consent on behalf of
an incompetent person cannot be located and consulted and the
vaccination of or medical treatment for the incompetent person
is reasonably needed to protect the public health or protect the
incompetent person from disease, death, disability or suffering.
(c) If a person withholds or refuses consent for himself,
a minor or other incompetent when the vaccination or medical
treatment is reasonably needed to protect the health of others
from a disease carrying the risk of death or disability, then
the person for whom the vaccination or medical treatment is
refused may be quarantined by the state health officer.
35-4-114. Immunity from liability.
(a) During a public health emergency as defined by W.S.
35-4-115(a)(i) and subject to subsection (d) of this section,
any health care provider or other person, including a business
entity, who in good faith follows the instructions of a state,
city, town or county health officer or who acts in good faith in
responding to the public health emergency is immune from any
liability arising from complying with those instructions or
acting in good faith. This immunity shall apply to health care
providers who are retired, who have an inactive license or who
are licensed in another state without a valid Wyoming license
and while performing as a volunteer during a declared public
health emergency as defined by W.S. 35-4-115(a)(i). This
immunity shall not apply to acts or omissions constituting gross
negligence or willful or wanton misconduct.
(b) The licensing boards for any health care provider
holding a permit or license as a health care provider regulated
under title 33 of the Wyoming statutes shall provide by rule and
regulations for the temporary licensure of health care providers
during a public health emergency as declared by the governor
pursuant to W.S. 35-4-115(a)(i). If necessary during a declared
public health emergency, the state health officer may issue
temporary practice licenses to health care providers who are
retired, who have an inactive license or who are licensed in
another state without a valid Wyoming license pending action on
an application for issuance of a temporary license by the
appropriate licensing board pursuant to this subsection.
(c) All temporary health care provider licenses issued by
the state health officer under subsection (b) of this section
shall terminate automatically upon declaration by the governor,
pursuant to W.S. 35-4-115(a)(i), that the public health
emergency has ended.
(d) Any health care provider, person or entity shall be
immune from liability for damages in an action involving a
COVID-19 liability claim unless the person seeking damages
proves that the health care provider, person or entity took
actions that constitutes gross negligence or willful or wanton
misconduct. Nothing in this subsection shall be construed to
limit any other immunity available under law, including the
immunity provided in subsection (a) of this section. As used in
this subsection, "COVID-19 liability claim" means as defined by
W.S. 1-1-141(a)(iii).
(e) Any acts or omissions constituting the basis of a
COVID-19 liability claim as defined by W.S. 1-1-141(a)(iii)
shall be stated with particularity and shall be proven by clear
and convincing evidence.
35-4-115. Definitions.
(a) As used in this article:
(i) "Public health emergency" means an occurrence or
imminent threat of an illness or health condition caused by an
epidemic or pandemic disease, a novel and highly fatal
infectious agent or a biological toxin that poses a substantial
risk of a significant number of human fatalities or incidents of
permanent or long-term disability. The governor shall declare
when a public health emergency exists or has ended;
(ii) "Quarantine" means:
(A) The physical separation and confinement of
an individual or group of individuals that has been, or may have
been, exposed to, or is reasonably believed to be infected with,
a contagious or possibly contagious disease, from nonquarantined
individuals, to prevent or limit the transmission of the disease
to nonquarantined individuals;
(B) The isolation of a geographic area where
individuals are located who have been or are reasonably believed
to have been exposed to or infected by a contagious or possibly
contagious disease; or
(C) The physical separation and confinement of
an individual or group of individuals or the isolation of a
geographic area where a public health emergency of unknown
effect has occurred or is reasonably believed to have occurred.
Division 2. Sexually Transmitted Diseases
35-4-130. Declared contagious and dangerous to health;
list of reportable diseases established by department of health;
violation of W.S. 35-4-130 through 35-4-134; penalty.
(a) Sexually transmitted diseases as included within the
list of reportable diseases of the department of health are
contagious, infectious, communicable and dangerous to public
health.
(b) The department of health shall by rule and regulation
develop a list of reportable sexually transmitted diseases
including all venereal diseases and acquired immune deficiency
syndrome. The list shall be available to all physicians, health
officers, hospitals and other health care providers and
facilities within the state.
(c) Any person violating W.S. 35-4-130 through 35-4-134 or
failing or refusing to comply with any order lawfully issued
under W.S. 35-4-130 through 35-4-134 is guilty of a misdemeanor
punishable by a fine of not more than seven hundred fifty
dollars ($750.00), imprisonment for not more than six (6)
months, or both.
35-4-131. Consent of minors to treatment; treatment of
infected or exposed persons; immunity from liability.
(a) Persons under eighteen (18) years of age may give
legal consent for examination and treatment for any sexually
transmitted disease infection.
(b) For the protection of public health, a physician,
health officer or other person or facility providing health care
in accordance with state or federal law shall for any individual
regardless of age, sex, race or color:
(i) If reasonably suspected of being infected with
any sexually transmitted disease, administer, refer for or
recommend appropriate and adequate treatment;
(ii) If exposed to any sexually transmitted disease,
recommend or offer treatment.
(c) Physical examination and treatment by a licensed
physician or other qualified health care provider of a person
under eighteen (18) years of age consenting to examination or
treatment is not an assault or an assault and battery upon that
person.
35-4-132. Report required of health care providers,
facilities and laboratories; notification; confidentiality of
information.
(a) A physician or other health care provider diagnosing
or treating a case of sexually transmitted disease, the
administrator of a hospital, dispensary, charitable or penal
institution or any other health care facility in which there is
a case of sexually transmitted disease and the administrator or
operator of a laboratory performing a positive laboratory test
for sexually transmitted disease shall report the diagnosis,
case or positive test results to both the department of health
and the appropriate health officer in a form and manner directed
by the department. Health care providers and facilities shall
cooperate with and assist the department and health officers in
preventing the spread of sexually transmitted disease.
(b) The department of health shall compile the number of
reported cases within the state.
(c) Any physician or other health care provider and any
administrator or operator of a health care facility or
laboratory reporting a diagnosis, case or positive test result
pursuant to subsection (a) of this section shall notify any
health care professional and health care employee reasonably
expected to be at risk of exposure to a dangerous or
life-threatening sexually transmitted disease and involved in
the supervision, care and treatment of an individual infected or
reasonably suspected of being infected with a dangerous or
life-threatening sexually transmitted disease.
(d) Information and records relating to a known or
suspected case of sexually transmitted disease which has been
reported, acquired and maintained under W.S. 35-4-130 through
35-4-134 are confidential and except as otherwise required by
law, shall not be disclosed unless the disclosure is:
(i) For statistical purposes, provided that the
identity of the individual with the known or suspected case is
protected;
(ii) Necessary for the administration and enforcement
of W.S. 35-4-130 through 35-4-134 and department rules and
regulations related to the control and treatment of sexually
transmitted diseases;
(iii) Made with the written consent of the individual
identified within the information or records; or
(iv) For notification of health care professionals
and health care employees pursuant to subsection (c) of this
section as necessary to protect life and health.
35-4-133. Examination and treatment of infected persons;
treatment at public expense; notification of exposed
individuals; suppression of prostitution.
(a) Upon receipt of a report or notice of a case or a
reasonably suspected case of sexually transmitted disease
infection, a health officer within his respective jurisdiction:
(i) May isolate the individual in accordance with
existing standards of medical practice;
(ii) If examination has not been performed, may
provide for the examination of the infected individual or the
individual reasonably suspected of suffering from a sexually
transmitted disease and shall report the examination results to
the individual;
(iii) May require the infected individual to seek
adequate treatment or, subject to subsection (d) of this
section, may require the individual to submit to treatment at
public expense; and
(iv) May arrange for education and counseling of the
infected individual as to the medical significance of the
sexually transmitted disease.
(b) To the extent possible, the health officer shall
identify any other person with whom the infected individual has
had contact which may have resulted in significant exposure of
that person to a dangerous or life-threatening sexually
transmitted disease. For purposes of this subsection,
"significant exposure" means:
(i) Contact of an emergency medical services
provider's broken skin or mucous membrane with the infected
individual's blood or bodily fluids other than tears or
perspiration;
(ii) That a needle stick, or scalpel or other
instrument wound has occurred in the process of caring for the
infected individual;
(iii) Sexual contact;
(iv) Exposure that occurs by any other method of
transmission defined by the department as a significant
exposure; or
(v) Exposure that occurs during the course of
examination or treatment by dental care providers.
(c) To the extent possible, a health officer shall make
every reasonable effort to notify any person identified in
subsection (b) of this section of his possible exposure to a
sexually transmitted disease. Such notification shall include
the name of the sexually transmitted disease to which the person
may have been exposed, the approximate date of possible
exposure, and shall advise the person of the nature of the
disease and sources for education and counseling as to the
medical significance of the disease. The health officer shall
not provide information as to the specific identity of the
infected individual unless the health officer has received
written authorization for release of information from the
infected individual.
(d) Public funds appropriated for treatment of any
individual infected with a sexually transmitted disease shall be
spent in accordance with priorities established by the
department of health. In establishing priorities, the
department shall consider the treatment's cost, effectiveness,
curative capacity and public health benefit to the state.
(e) A health officer shall investigate sources of sexually
transmitted disease, cooperate with the proper law enforcement
officials in enforcing laws against prostitution and otherwise
assist in the suppression of prostitution.
(f) Upon receipt of information documenting an actual
exposure of a health care worker as provided in paragraphs
(b)(i) and (ii) of this section to blood or body fluids of a
patient where the exposure could lead to a communicable disease
infection which is capable of transmission by blood or other
body fluids, a health care provider acting within his scope of
practice may order appropriate testing to be performed on a
specimen from the patient by a duly licensed and accredited
laboratory. If the patient's specimen is not available for
testing, a health care provider acting within his scope of
practice, or county health officer may, with the patient's
consent, order the necessary testing according to the rules and
regulations promulgated by the Wyoming department of health. If
the patient does not consent to testing, the county health
officer or the authority responsible for the care of the patient
may apply to the district court for an order to have the
necessary testing performed. Test results will be kept
confidential and will be reported by the health care provider in
accordance with W.S. 35-4-130 through 35-4-134. Reports to the
department of health shall be made on an official state disease
case report form or the report may be made by telephone with
confirmation by the written form. For purposes of this section,
"health care worker" means all personnel involved in the care of
a patient, including first responders, such as law enforcement
officers, rescue personnel and those acting as good samaritans.
35-4-134. Examination and treatment of prisoners.
(a) Any individual confined or imprisoned in any state
penal institution, county or city jail or any community
correctional facility shall be examined for sexually transmitted
diseases by the appropriate health officer or his qualified
designee.
(b) To suppress the spread of sexually transmitted disease
among the confined population, the health officer or his
qualified designee may:
(i) Isolate prisoners infected with a treatable
illness within the facility and require them to report for
treatment by a licensed physician; or
(ii) In the case of an individual infected with a
noncurable sexually transmitted disease, provide for the minimum
care and treatment of the individual pursuant to rules
promulgated by the department of health with the advice of the
department of corrections.
(c) Nothing herein contained shall be construed to
interfere with the service of any sentence imposed by a court as
a punishment for the commission of a crime.
35-4-135. Repealed by Laws 1989, ch. 218, § 2.
35-4-136. Repealed by Laws 1989, ch. 218, § 2.
35-4-137. Repealed by Laws 1989, ch. 218, § 2.
35-4-138. Introduction of solution in eyes of newborn
child by attending physician.
It shall be the duty of every practicing or licensed physician
in the state of Wyoming, when attending the birth of a child, to
introduce or cause to be introduced into the eyes of the newborn
infant a stable solution or ointment of a broad spectrum
antibiotic as prescribed by the state department of health.
Provided, that this section shall not apply in cases where the
parents are religiously opposed to the use of drugs and so
inform the attending physician.
35-4-139. Childhood immunizations.
The department of health through rule and regulation shall
develop and implement a program to provide vaccines for all
children of Wyoming residents who are not federally vaccine
eligible children as defined in 42 U.S.C. § 1396s(b)(2) or
subsequent similar federal enactment. Vaccines provided
pursuant to this section shall include those determined to be
necessary for the healthy development of children and prescribed
in rules and regulations of the department based on
recommendations from an advisory group which the department
director shall appoint consisting of a representative of an
organization representing physicians licensed in Wyoming, at
least one (1) pediatric physician licensed in Wyoming and at
least one (1) family physician licensed in Wyoming.
ARTICLE 2 - PROTECTION OF PUBLIC WATER SUPPLY
Division 1. Generally
35-4-201. Department of health to cooperate with municipal
authorities, corporations and persons as to water, drainage and
sewage; definitions of "drainage" and "sewage".
The department shall consult with and advise the authorities of
cities and towns and persons having or about to have systems of
water supply, drainage and sewage as to the most appropriate
source of water supply and the best method assuring its purity
or as to the best method of disposing of their drainage or
sewage with reference to the existing and future needs of other
cities, towns or persons which may be affected thereby. It shall
also consult with and advise all corporations, companies or
persons engaged or intending to engage in any manufacturing or
other business whose drainage or sewage may tend to pollute any
inland water as to the best method of preventing such pollution,
and it may conduct experiments to determine the best methods of
the purification or disposal of drainage or sewage. Cities,
towns and all other corporations, companies or persons shall
submit to the department for its advice and approval their
proposed system of water supply or of the disposal of drainage
or sewage, and no city, town or persons or company shall proceed
to build or install or enlarge or extend any system of water
supply, drainage or sewage disposal, without first obtaining the
approval of the state department of health. In this section the
term "drainage" means rainfall, surface and subsoil water only,
and "sewage" means domestic and industrial filth and waste.
35-4-202. Contamination of streams by sawmills, mining
operations, or other manufacturing or industrial works
prohibited; penalty; exceptions; special permits.
Any owner or owners of any sawmill, reduction works, smelter,
milling, refining or concentration works, or other manufacturing
or industrial works, or any agent, servant or employee thereof,
or any person or persons whomsoever, who shall throw or deposit
in, or in any way permit to pass into any natural stream or lake
within the state, wherein are living fish, any sawdust,
chemicals, mill-tailing, or other refuse matter of deleterious
substance or poisons of any kind or character whatsoever, that
will or may tend to the destruction or driving away from such
waters any fish, or kill or destroy any fish therein, or that
will or may tend to pollute, contaminate, render impure or unfit
for domestic, irrigation, stock or other purposes for which
appropriated and used, the waters of any such natural streams or
lake, or that will or may tend to obstruct, fill in or otherwise
interfere with the flow, channel or condition of such streams,
lake or waters, shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined not less than fifty dollars
($50.00) or more than one hundred dollars ($100.00) or shall be
imprisoned in the county jail for not less than thirty (30) days
nor more than six (6) months, or by both such fine and
imprisonment for each offense; and where any of the foregoing
unlawful acts are committed continuously, each of the days upon
which committed shall be treated and considered as a separate
and distinct offense; provided, that nothing in this section or
W.S. 23-3-204 shall apply to the slag from smelter furnaces;
provided further, that nothing in this section nor in any of the
other laws of this state shall prevent the owner or owners of
any mill, concentration works, reduction works or tailings pond
or basin used in connection therewith, in this state, now or
hereafter to be located upon any natural stream, or lake, from
operating said mill, concentration works, reduction works or
tailings pond or basin used in connection therewith, where the
said owner or owners thereof shall build or cause to be built a
dam or dams for settling purposes; provided however that before
any dam or dams shall be built for any such purposes, the
director of the state department of health, the director of the
state game and fish department and the state engineer, acting as
a joint committee and each member casting a vote of his
department, shall review such plans and according to their
findings shall approve or disapprove such plans for preventing
any deleterious substances from entering any waters beyond the
project area; provided, that whenever a majority of the
landowners on any irrigation stream shall petition the director
of the state game and fish department to allow sawdust to be put
in any stream that does not reach a main body of water or living
stream he shall have the power to grant such permits.
Division 2. Drinking Water Standards
35-4-220. Definitions.
(a) The following words as used in this act, unless a
different meaning is required by the context or is specifically
prescribed, shall have the following meaning:
(i) "Service connection" shall mean and include any
water line or pipe connected to a distribution supply main or
pipe for the purpose of conveying water to a building or
dwelling;
(ii) "Sanitary public water supply" shall mean and
include any water supply being distributed by ten (10) or more
service connections, such connections being utilized to furnish
water for human consumption either in preparing foods or
beverages for inhabitants of residences or business
establishments;
(iii) "United States public health service drinking
water standards" shall mean and include the standards prescribed
by the United States public health service for the quality of
water on interstate carriers, provided further that the section
of these standards pertaining to physical and chemical
characteristics of water shall not be included in these
standards for the purpose of this act.
35-4-221. Periodical bacteriological analysis of water
required.
(a) It shall be the duty and responsibility of any public
or private utility engaged in the development, storage and
distribution of a sanitary public water supply to provide for
the safety and purity of such supply to every service connection
and to collect samples of such water for bacteriological
analysis at least once monthly or oftener as required by the
state board of health. Such collection shall be made in special
containers furnished for this purpose by the state health
department division of laboratories and shall be returned to
this laboratory for examination. Such examination and reporting
of results shall comply with the procedures outlined in the
United States public health service drinking water standards.
The results of such analysis shall be reported to the owners or
persons responsible for the operation of the sanitary public
water supply.
(b) When the water from such water supply has been
determined by laboratory examination, inspection and report of
the state department of health to be unsafe for human
consumption as determined by the United States public health
service drinking water standards, the owners or persons
responsible for the operation of such water supply shall take
immediate action to correct sanitary defects, improve operation,
provide necessary water treatment, or make any other changes or
additions necessary to provide assuredly safe water.
35-4-222. Notice of danger to health.
Whenever, in the opinion of the state department of health,
investigations indicate that the water from a water supply as
described in this act would endanger the health of the water
consumers, the department shall give written notice to the
owners or persons responsible for the operation of such sanitary
public water supply, specifying the cause of the danger to the
health of the water consumers.
35-4-223. Liability for damages.
Compliance with the requirements of this act shall in no way
release the owners or persons responsible for the operation of a
sanitary public water supply from any liability for damage to
persons or property caused by or resulting from the
installation, operation or maintenance of a sanitary public
water supply.
35-4-224. Standards for mobile home parks eliminated.
The department of health has no authority to regulate, or to
promulgate or enforce rules, regulations or standards regulating
the design and construction of sewerage and water facilities
within a mobile home park. This does not preclude the department
from promulgating and enforcing rules and regulations or
standards regulating the health of persons within a mobile home
park and inspecting sewerage and water facilities within a
mobile home park upon completion of the construction of such
facilities.
ARTICLE 3 - RADIOACTIVE ISOTOPES OR MATERIAL
35-4-301. Repealed by Laws 1993, ch. 59, § 1.
35-4-302. Repealed by Laws 1993, ch. 59, § 1.
35-4-303. Repealed by Laws 1993, ch. 59, § 1.
ARTICLE 4 - FEDERAL MATERNITY BENEFITS
35-4-401. Repealed By Laws 2012, Ch. 84, § 104.
35-4-402. Repealed By Laws 2012, Ch. 84, § 104.
35-4-403. Repealed By Laws 2012, Ch. 84, § 104.
ARTICLE 5 - BLOOD TESTS FOR PREGNANT WOMEN
35-4-501. Definition of standard serological test; cost.
For the purposes of this act, a standard serological test shall
be a test for syphilis approved by the state department of
health, and shall be performed in a laboratory approved by the
state department of health. Such laboratory tests as are
required by this act shall be performed on request without
charge at the state department of health laboratory.
35-4-502. Duty of attending physician.
Every physician licensed to practice medicine attending a
pregnant woman in the state for conditions relating to her
pregnancy during the period of gestation or at delivery shall
take, or cause to be taken, a sample of blood of such woman at
the time of her first professional visit or within ten (10) days
thereafter. The blood specimen thus obtained shall be submitted
to an approved laboratory for a standard serological test for
syphilis. Every other person permitted by law to attend pregnant
women in the state but not permitted by law to take blood
samples, shall cause a sample of blood of such pregnant women to
be taken by a physician duly licensed to practice medicine and
have such sample submitted to an approved laboratory for a
standard serological test for syphilis.
35-4-503. Report of birth; statement as to blood test.
In reporting every birth and stillbirth, physicians and others
required to make such reports shall state on the certificate
whether a blood test for syphilis has been made upon a specimen
of blood taken from the woman who bore the child for which a
birth or stillbirth certificate is filed, and the approximate
date when the specimen was taken. In no event shall the birth
certificate state the result of the test.
35-4-504. Penalty.
Any licensed physician and surgeon, or other person, engaged in
attendance upon a pregnant woman during the period of gestation
and/or at delivery, or any representative of a laboratory who
violates the provisions of this act shall be guilty of a
misdemeanor, and upon conviction thereof shall be fined not to
exceed one hundred dollars ($100.00); provided, however, every
licensed physician and surgeon or other person engaged in
attendance upon a pregnant woman during the period of gestation
or at delivery, who requests such specimen in accordance with
the provisions of W.S. 35-4-502, and whose request is refused,
shall not be guilty of a misdemeanor.
35-4-505. Enforcement.
The district attorneys for the several counties in the state
shall prosecute for violation of this act as for other crimes
and misdemeanors.
ARTICLE 6 - DISPOSAL OF UNCLAIMED
35-4-601. Delivery of unclaimed bodies for anatomical
study.
Any member of the following boards or officers to-wit: The board
of health of any city, town or county in the state; the mayor or
common council of any city, and the officers or board having
direction or control of any almshouse, prison hospital, house of
correction or jail, in the state, shall, when so requested,
surrender the dead bodies of such persons as may be required to
be buried at the public expense, to any regularly licensed
physician or dentist or medical college in the state or to a
person certified by a state or local law enforcement agency to
train search and rescue animals, in accordance with such rules
as may be prescribed by the state department of health; such
bodies to be used by said physician, dentist, medical college or
person, for the advancement of anatomical science or the
training of search and rescue animals; preference being given to
the faculty of any legally organized state medical college or
school of anatomy, for their use in the instruction of medical
students; provided that in no case shall the faculties or other
officers of such medical college or school of anatomy require or
receive from any medical student or students, for such body so
furnished therein, any sum of money in excess of the actual cost
of procuring the same.
35-4-602. Exceptions as to certain bodies.
(a) No such body shall in any case be surrendered if:
(i) The deceased in his or her last illness requested
to be not dissected; or
(ii) If within forty-eight (48) hours after his or
her death, any person of kindred or a friend of the deceased
shall request the body for burial; or
(iii) If such deceased was a stranger or a traveler
who died suddenly before making himself or herself known; or
(iv) If such deceased person was honorably discharged
from any arm of the military or naval service of the United
States.
35-4-603. Restriction upon use of bodies; bond required of
applicant; prohibited acts.
It shall not be lawful for any person so receiving dead bodies
to use the same, except for the prosecution of anatomical
science or the training of search and rescue animals, or
elsewhere than in this state; and the state department of health
in its rules and regulations in regard to the distribution of
the same, may require each applicant to furnish a good and
sufficient bond that the provisions of this act will be
observed. Whosoever shall use said body for any other purpose,
or shall remove the same beyond the limits of the state, or
whosoever shall traffic, trade or deal with said bodies for a
commercial purpose shall be deemed guilty of a misdemeanor and
shall be fined, on conviction, not less than one hundred dollars
($100.00) and be imprisoned in the county jail for a period of
not less than thirty (30) days or more than one (1) year; the
fine accruing from said conviction to be paid to the school fund
of the county, wherein such offense was committed.
35-4-604. Penalty for refusing to deliver body.
Any officer refusing to deliver the remains or dead body of the
deceased person, when demanded in accordance with the provisions
of this act and the rules and regulations set forth by the state
department of health, shall pay a penalty of not less than fifty
dollars ($50.00), nor more than one hundred dollars ($100.00);
such penalties to be sued for by the department of health as the
case may be.
35-4-605. Burial or cremation after use.
It shall be the duty of all parties, who may secure dead bodies
under provisions of this act, to bury the same decently in some
public cemetery within a reasonable time after dissection or
use, or cremate the same or make such other disposition as may
be prescribed by the state department of health. For any
violation of this provision, the party or parties so neglecting
shall on conviction, forfeit or pay a penalty of not less than
fifty dollars ($50.00), nor more than one hundred dollars
($100.00), or be imprisoned in the county jail not less than six
(6) months nor more than twelve (12) months or both, at the
discretion of the court; such penalties to be sued for by the
school officers or anyone interested therein, for the benefit of
the school fund of the county in which the offense shall have
been committed.
35-4-606. Rules and regulations.
The state department of health shall, within thirty (30) days
after passage of this act, promulgate rules and regulations as
called for by W.S. 35-4-601.
35-4-607. Who may have bodies in possession.
Any regularly licensed physician or dentist of the state, any
medical student who is a regular matriculate of a recognized
medical college, under authority of such physician, any person
certified by a state or local law enforcement agency to train
search and rescue animals or any person authorized by the
Revised Uniform Anatomical Gift Act may have in his possession
human dead bodies, or parts thereof, lawfully obtained, for the
purpose of anatomical inquiry or dissection or for training of
search and rescue animals.
ARTICLE 7 - SANITARY FACILITIES FOR
35-4-701. Repealed By Laws 2013, Ch. 190, § 1.
35-4-702. Repealed By Laws 2013, Ch. 190, § 1.
35-4-703. Repealed By Laws 2013, Ch. 190, § 1.
ARTICLE 8 - NEWBORN SCREENING
35-4-801. Screening required for detection of genetic and
metabolic diseases and hearing defects in newborn children;
conduct of screening; exceptions; fees.
(a) Every child born in the state of Wyoming shall be
given medical examinations for detection of remedial inborn
errors of metabolism, major hearing defects and any other
metabolic or genetic diseases as determined by the committee
established by subsection (b) of this section. The screening
shall be conducted in accordance with accepted medical practices
and in the manner prescribed in rule by the state department of
health.
(b) The specific tests to be done shall be determined by a
committee consisting of the following:
(i) The state health officer in the department of
health;
(ii) The president of the Wyoming state medical
society;
(iii) A member designated by the Wyoming state
pediatric society;
(iv) A member who is a board-certified
obstetrician/gynecologist.
(c) Informed consent of parents shall be obtained and if
any parent or guardian of a child objects to a mandatory
examination the child is exempt from subsection (a) of this
section. The department of health shall provide educational
information to healthcare providers for distribution to the
parent containing information on the testing procedures, the
diseases being screened and the consequences of screening or
nonscreening.
(d) Following consultation with the committee described in
subsection (b) of this section, the department of health may
provide by rule and regulation for the assessment of a fee,
payable to the department, to cover the reasonable cost of the
screenings required by this section. Fees collected pursuant to
this subsection shall be deposited into a separate account and
are continuously appropriated to the department of health for
purposes of the newborn screening program required by this
section.
35-4-802. Rules and regulations.
(a) The state department of health shall make all rules
and regulations necessary for:
(i) Dissemination of the provisions of W.S. 35-4-801
to all hospitals and physicians within the state; and
(ii) Implementation of W.S. 35-4-801, as amended.
ARTICLE 9 - EMERGENCY ADMINISTRATION OF MEDICAL TREATMENT ACT
35-4-901. Short title.
This article may be cited as the "Emergency Administration of
Medical Treatment Act."
35-4-902. Definitions.
(a) As used in this article:
(i) "Opiate antagonist" means any device or
medication approved by the United States food and drug
administration for the treatment of an opiate related drug
overdose;
(ii) "Opiate related drug overdose" means a
condition, including extreme physical illness, a decreased level
of consciousness or respiratory depression resulting from the
consumption or use of an opioid, or another substance with which
an opioid was combined, that a reasonable person would believe
to require medical assistance;
(iii) "Pharmacist" means any person licensed under
Wyoming statutes as a pharmacist and who is practicing within
the scope of their license;
(iv) "Practitioner" means any person licensed under
Wyoming statutes as a physician, physician assistant or
advanced practice registered nurse and who is practicing within
the scope of their license;
(v) "Standing order" means an order transmitted
electronically or in writing by a practitioner for a drug or
device for a patient or multiple patients with whom no
prescriber-patient relationship exists;
(vi) "Entity" means any person as defined in W.S. 8-
1-102(a)(vi), and includes the University of Wyoming and Wyoming
community colleges, who employs persons who, in the course of
their official duties or business, may encounter a person
experiencing anaphylaxis or an opioid related drug overdose;
(vii) "Opioid" or "opiate" means an opiumlike
compound that binds to one (1) or more of the major opioid
receptors in the body;
(viii) "Epinephrine" means a device or method that
administers the drug epinephrine to a person experiencing
anaphylaxis and includes epipens, nasal sprays or any other
device or method under a different name used for emergency
epinephrine delivery for the treatment of anaphylaxis and which
device or method is approved by the United States food and drug
administration.
35-4-903. Prescription of epinephrine or opiate
antagonist.
(a) A practitioner or a pharmacist acting in good faith
and exercising reasonable care may, without a prescriber-patient
relationship, prescribe epinephrine or an opiate antagonist to:
(i) A person at risk of experiencing anaphylaxis or
an opiate related drug overdose;
(ii) A person in a position to assist a person at
risk of experiencing anaphylaxis or an opiate related drug
overdose;
(iii) A person who, in the course of the person's
official duties or business, may encounter a person experiencing
anaphylaxis or an opiate related drug overdose.
(b) A practitioner or pharmacist who prescribes
epinephrine or an opiate antagonist under this article shall
provide education to the person to whom the epinephrine or
opiate antagonist is prescribed, which shall include written
instruction on how to:
(i) Recognize anaphylaxis or an opiate related drug
overdose;
(ii) Respond appropriately to an anaphylaxis or
opiate related drug overdose event, including how to administer
epinephrine or administer an opiate antagonist;
(iii) Ensure that a person to whom epinephrine or an
opiate antagonist has been administered receives, as soon as
possible, additional medical care and a medical evaluation.
35-4-904. Standing order for epinephrine or opiate
antagonist; anaphylaxis and drug overdose treatment policy;
rules.
(a) A practitioner acting in good faith and exercising
reasonable care may prescribe by a standing order epinephrine or
an opiate antagonist to an entity that, in the course of the
entity's official duties or business, may be in a position to
assist a person experiencing anaphylaxis or an opiate related
drug overdose.
(b) An entity prescribed epinephrine or an opiate
antagonist by standing order shall establish an anaphylaxis or a
drug overdose treatment policy in accordance with rules adopted
by the department of health. The anaphylaxis or drug overdose
treatment policy shall:
(i) Provide for the designation of individuals to
receive training and instructional materials on how to recognize
and respond to anaphylaxis or an opiate related drug overdose
and ensure that a person to whom epinephrine or an opiate
antagonist has been administered receives additional medical
care and a medical evaluation;
(ii) Provide for reporting to the department of
health, in the manner and form prescribed by the department, all
anaphylaxis events or opiate related drug overdoses for which
epinephrine or an opiate antagonist is administered under this
article.
(c) The Wyoming state board of medicine and the Wyoming
state board of nursing may adopt rules as necessary to implement
and administer a prescription of epinephrine or an opiate
antagonist by a standing order.
35-4-905. Voluntary participation.
This article does not establish a duty or standard of care for a
person to prescribe or administer epinephrine or an opiate
antagonist.
35-4-906. Administration of epinephrine or opiate
antagonist; immunity from liability; exemption from
unprofessional conduct; relation to other law.
(a) A person acting in good faith may administer
epinephrine or an opiate antagonist to another person who
appears to be experiencing anaphylaxis or an opiate related drug
overdose.
(b) A person who administers epinephrine or an opiate
antagonist pursuant to this article is personally immune from
civil or criminal liability for any act or omission resulting in
damage or injury.
(c) A practitioner or pharmacist who prescribes
epinephrine or an opiate antagonist pursuant to this article is
personally immune from civil or criminal liability for any act
or omission resulting in damage or injury.
(d) An entity that establishes an anaphylaxis or drug
overdose treatment policy pursuant to this article is immune
from civil or criminal liability for any act or omission related
to the administration of epinephrine or an opiate antagonist
resulting in damage or injury.
(e) Prescribing epinephrine or an opiate antagonist by a
practitioner or pharmacist pursuant to this article shall not
constitute unprofessional conduct.
(f) Should any grant of immunity, exception or imposition
of liability within the Wyoming Governmental Claims Act conflict
with any provision of this article, this article shall prevail.
ARTICLE 10 - GENDER-RELATED PROCEDURES
35-4-1001. Gender transitioning and reassignment
procedures for children prohibited.
(a) As used in this section:
(i) "Child" means a person who is younger than
eighteen (18) years of age;
(ii) "Health care provider" means a person other than
a physician who is licensed, certified or otherwise authorized
by Wyoming law to provide or render health care or to dispense
or prescribe a prescription drug in the ordinary course of
business or practice of a profession;
(iii) "Physician" means any person licensed to
practice medicine in this state by the state board of medicine
under the Medical Practice Act.
(b) Except as provided in subsection (c) of this section
and for purposes of transitioning a child's biological sex as
determined by the sex organs, chromosomes and endogenous
profiles of the child or affirming the child's perception of the
child's sex if that perception is inconsistent with the child's
biological sex, no physician or health care provider shall:
(i) Perform a surgery that sterilizes the child,
including castration, vasectomy, hysterectomy, oophorectomy,
metoidioplasty, orchiectomy, penectomy, phalloplasty and
vaginoplasty;
(ii) Perform a mastectomy;
(iii) Provide, administer, prescribe or dispense any
of the following prescription drugs that induce transient or
permanent infertility:
(A) Puberty suppression or blocking prescription
drugs to stop or delay normal puberty;
(B) Supraphysiologic doses of testosterone to
females;
(C) Supraphysiologic doses of estrogen to males.
(iv) Remove any otherwise healthy or nondiseased body
part or tissue.
(c) This section shall not apply to:
(i) Procedures or treatments that are performed with
the consent of the child's parent or guardian and are for a
child who is born with a medically verifiable genetic disorder
of sex development, including 46, XX chromosomes with
virilization, 46, XY with undervirilization or both ovarian and
testicular tissue;
(ii) Any procedure or treatment that is performed
with the consent of the child's parent or guardian and is for a
child with medically verifiable central precocious puberty.
(d) Nothing in this section shall be construed to prohibit
a minor from receiving mental health treatment, provided that
such treatment shall not include any treatments prohibited by
subsection (b)(iii) of this section.
ARTICLE 11 - STEM CELL FREEDOM ACT
35-4-1101. Short title.
This act shall be known and may be cited as the "Stem Cell
Freedom Act."
35-4-1102. Definitions.
(a) As used in this article:
(i) "Current good manufacturing practices" means the
quality, safety and manufacturing practice standards employed
under this act that are consistent with applicable federal law;
(ii) "Institutional review board" means a group duly
constituted and currently registered in accordance with
applicable federal law that provides initial approval and
continuing oversight of the stem cell therapies being offered
under this act, including adverse event reporting and the
approval of a form to be used for informed consent between a
physician and patient or the patient's legal representative
prior to the use of stem cell therapy;
(iii) "Investigational drug, biological product or
device" means a drug, biological product or device that has
successfully completed phase one (1) of a clinical trial but has
not yet been approved for general use by the United States food
and drug administration and remains under investigation in a
clinical trial;
(iv) "Physician" means a person licensed to practice
medicine by the state board of medicine pursuant to title 33,
chapter 26 of the Wyoming statutes. "Physician" shall not
include a physician assistant as defined by W.S. 33-26-
501(a)(iii);
(v) "Stem cell therapy" means treatment involving the
use of autologous mesenchymal stem cells, including but not
limited to the collection, processing, cultural expansion,
manufacturing, storage and therapeutic use of stem cells. "Stem
cell therapy" shall not include, whether directly or indirectly,
the use of any biological material derived from an abortion;
(vi) "This act" means W.S. 35-4-1101 through 35-4-
1106.
35-4-1103. Access to stem cell therapy; conditions;
insurance coverage.
(a) Notwithstanding W.S. 35-7-118 and any other law to the
contrary, a patient may receive, and a physician may perform,
stem cell therapy that has not been approved by the United
States food and drug administration if:
(i) The therapy is conducted in accordance with a
current institutional review board approval or is an
investigational drug, biological product or device;
(ii) The stem cells are manufactured and handled in
accordance with current good manufacturing practice standards;
(iii) A physician-patient relationship exists between
the physician administering the stem cell therapy and the person
receiving the therapy;
(iv) The physician is registered with the Wyoming
state board of medicine to provide stem cell therapy pursuant to
this act;
(v) The patient or legally recognized representative
of the patient has provided written informed consent
acknowledging:
(A) The nature and character of the proposed
stem cell therapy;
(B) That stem cell therapy is not approved by
the United States food and drug administration;
(C) The potential benefits, risks and
complications associated with stem cell therapy and the
procedure to be performed; and
(D) The financial responsibility of the patient
or legally recognized representative of the patient in paying
for the stem cell therapy to be received.
(b) Stem cell therapy provided pursuant to this act shall
be administered by a physician or under the direct supervision
of a physician. Activities other than the actual administration
of the stem cells to the patient shall be supervised by a
physician.
(c) No person authorized under this act to perform stem
cell therapy or manufacture stem cells shall be obligated by
this act to provide stem cell therapy or stem cells but may do
so according to the person's own discretion and judgment.
(d) A health carrier as defined by W.S. 26-13-303(a)(iii)
may but shall not be required to provide coverage for costs
associated with stem cell therapy.
(e) This act shall not prohibit the performing of any stem
cell therapy or activity otherwise allowed by law. A person
shall not perform, advertise or represent that the person is
providing stem cell therapy under this act if the person does
not comply with the provisions of this act.
35-4-1104. Action against physician license prohibited.
Notwithstanding any other provision of law, the Wyoming state
board of medicine shall not revoke, fail to renew, suspend or
take any other action against a physician's license based solely
on the physician's recommendations to a patient regarding access
to or treatment with stem cell therapy or the performance of
stem cell therapy, provided that the recommendations or
procedures are consistent with medical standards of care and
that the physician is registered with the Wyoming state board of
medicine to provide stem cell therapy under this act.
35-4-1105. Access to stem cell therapy.
An official, employee or agent of this state or any political
subdivision of this state shall not prohibit or attempt to
prohibit a patient's access to stem cell therapy. Counseling,
advice or a recommendation consistent with medical standards of
care from a licensed health care provider shall not constitute a
violation of this section.
35-4-1106. No cause of action created.
This act shall not create a private cause of action against any
person involved in the care of any patient using stem cell
therapy or the manufacturing of stem cells if the person is
complying with the requirements of this act and medical
standards of care.
ARTICLE 12 - PREGNANCY CENTERS – PROTECTION
35-4-1201. Short title.
This act shall be known and may be cited as the "Wyoming
Pregnancy Center Autonomy and Rights of Expression (CARE) Act."
35-4-1202. Definitions.
(a) As used in this act:
(i) "Abortion" means the act of using or prescribing
any instrument, medicine, drug or any other substance, device or
means with the intent to terminate the clinically diagnosable
pregnancy of a woman and for the purpose of ensuring the death
of the unborn child. "Abortion" shall not include any use,
prescription or means specified in this paragraph if the use,
prescription or means are done with the intent to:
(A) Save the life or preserve the health of the
unborn child;
(B) Remove a dead unborn child caused by
miscarriage or stillbirth;
(C) Remove an ectopic pregnancy; or
(D) Perform a procedure, based on reasonable
medical judgment, that is necessary to save the life of or
prevent serious physical injury to the pregnant woman.
(ii) "Abortion-inducing drug" means any medicine,
drug or any other substance prescribed or dispensed with the
intent of terminating the clinically diagnosable pregnancy of a
woman and for the purpose of ensuring the death of an unborn
child. "Abortion-inducing drug" includes the off-label use of
any substance intended to induce an abortion. "Abortion-inducing
drug" does not include drugs that may be known to cause an
abortion but are prescribed for other medical indications;
(iii) "Contraception" means the use of any natural or
artificial means to prevent the fertilization of a human ovum;
(iv) "Ectopic pregnancy" means the state of carrying
an unborn child outside of the uterine cavity;
(v) "Miscarriage" or "stillbirth" means a spontaneous
loss of an unborn child;
(vi) "Pregnancy center" means a private nonprofit
organization that promotes childbirth and alternatives to
abortion and provides people with resources, counseling,
classes, referrals and information related to pregnancy,
childbearing, adoption and parenting. A medical pregnancy center
may provide medical testing, counseling and pregnancy-related
care;
(vii) "This act" means W.S. 35-4-1201 through 35-4-
1204.
35-4-1203. Interference with pregnancy centers prohibited.
(a) The state and any of its political subdivisions,
counties, cities, towns, special districts and agencies shall
not, through the adoption or enactment of any law, ordinance,
resolution, policy or similar measure:
(i) Require a pregnancy center to offer or perform
abortions;
(ii) Require a pregnancy center to offer, provide or
distribute abortion-inducing drugs or contraception;
(iii) Require a pregnancy center to refer any person
for abortion, an abortion-inducing drug or contraception;
(iv) Require a pregnancy center to counsel in favor
of abortion, abortion-inducing drugs or contraception;
(v) Require a pregnancy center to post any
advertisement, sign, flyer or other similar material that
promotes or provides any information about obtaining an
abortion, abortion-inducing drugs or contraception;
(vi) Prohibit a pregnancy center from providing
information, care, counseling, classes or other services related
to pregnancy, childbirth or parenting because the pregnancy
center does not perform, refer or counsel in favor of abortion,
abortion-inducing drugs or contraception;
(vii) Prohibit a pregnancy center from providing
prenatal and postnatal resources, including diapers, baby
clothes, baby furniture, formula and similar items because the
pregnancy center does not perform, refer or counsel in favor of
abortion, abortion-inducing drugs or contraception;
(viii) Prohibit a medical pregnancy center from
providing medical testing, counseling and care related to
pregnancy or childbirth because the pregnancy center does not
perform, refer or counsel in favor of abortion, abortion-
inducing drugs or contraception;
(ix) Prohibit a medical pregnancy center from
counseling a woman on any pregnancy-related care or treatment,
including care or treatment that may reverse the effects of
abortion-inducing drugs;
(x) Interfere with the pregnancy center's staffing or
hiring decisions by requiring the center to interview, hire or
continue to employ any person who does not affirm the center's
mission statement or agree to comply with the center's pro-life
ethic and operating procedure.
35-4-1204. Legal remedies.
(a) A pregnancy center or any person aggrieved by a
violation of this act may commence a civil action for
injunctive, equitable or declaratory relief permitted by law.
Nothing in this subsection shall be construed to limit any other
remedies that may be available under any other federal, state or
municipal law.
CHAPTER 5 - ANATOMICAL GIFTS AND ORGAN TRANSPLANTATION
ARTICLE 1 - UNIFORM ANATOMICAL GIFT ACT/PROCEDURES
35-5-101. Repealed By Laws 2009, Ch. 97, § 3.
35-5-102. Repealed By Laws 2009, Ch. 97, § 3.
35-5-103. Repealed By Laws 2009, Ch. 97, § 3.
35-5-104. Repealed By Laws 2009, Ch. 97, § 3.
35-5-105. Repealed By Laws 2009, Ch. 97, § 3.
35-5-106. Repealed By Laws 2009, Ch. 97, § 3.
35-5-107. Repealed By Laws 2009, Ch. 97, § 3.
35-5-108. Repealed By Laws 2009, Ch. 97, § 3.
35-5-109. Repealed By Laws 2009, Ch. 97, § 3.
35-5-110. Repealed By Laws 2009, Ch. 97, § 3.
35-5-111. Repealed By Laws 2009, Ch. 97, § 3.
35-5-112. Repealed By Laws 2009, Ch. 97, § 3.
35-5-113. Repealed By Laws 2009, Ch. 97, § 3.
35-5-114. Repealed By Laws 2009, Ch. 97, § 3.
35-5-115. Repealed By Laws 2009, Ch. 97, § 3.
35-5-116. Repealed By Laws 2009, Ch. 97, § 3.
35-5-117. Repealed By Laws 2009, Ch. 97, § 3.
35-5-118. Repealed By Laws 2009, Ch. 97, § 3.
35-5-119. Repealed By Laws 2009, Ch. 97, § 3.
ARTICLE 2 - REVISED UNIFORM ANATOMICAL GIFT ACT
35-5-201. Short title.
This act may be cited as the "Revised Uniform Anatomical Gift
Act".
35-5-202. Definitions.
(a) As used in this act:
(i) "Agent" means an individual:
(A) Authorized to make health-care decisions on
the principal's behalf by a power of attorney for health care;
or
(B) Expressly authorized to make an anatomical
gift on the principal's behalf by any other record signed by the
principal.
(ii) "Anatomical gift" means a donation of all or
part of a human body to take effect after the donor's death for
the purpose of transplantation, therapy, research or education;
(iii) "Decedent" means a deceased individual whose
body or part is or may be the source of an anatomical gift. The
term includes a stillborn infant and, subject to restrictions
imposed by law other than this act, a fetus;
(iv) "Department" means the department of
transportation;
(v) "Disinterested witness" means a witness other
than the spouse, child, parent, sibling, grandchild, grandparent
or guardian of the individual who makes, amends, revokes or
refuses to make an anatomical gift, or another adult who
exhibited special care and concern for the individual. The term
does not include a person to which an anatomical gift could pass
under W.S. 35-5-211;
(vi) "Document of gift" means a donor card or other
record used to make an anatomical gift. The term includes a
statement or symbol on a driver's license, identification card
or donor registry;
(vii) "Donor" means an individual whose body or part
is the subject of an anatomical gift;
(viii) "Donor registry" means a database that
contains records of anatomical gifts and amendments to or
revocations of anatomical gifts;
(ix) "Driver's license" means a license or permit
issued by the department to operate a vehicle, whether or not
conditions are attached to the license or permit;
(x) "Eye bank" means a person who is licensed,
accredited or regulated under federal or state law to engage in
the recovery, screening, testing, processing, storage or
distribution of human eyes or portions of human eyes;
(xi) "Guardian" means a person appointed by a court
to make decisions regarding the support, care, education, health
or welfare of an individual. The term does not include a
guardian ad litem;
(xii) "Hospital" means a facility licensed as a
hospital under the law of any state or a facility operated as a
hospital by the United States, a state or a subdivision of a
state;
(xiii) "Identification card" means an identification
card issued by the department;
(xiv) "Know" means to have actual knowledge;
(xv) "Organ procurement organization" means a person
designated by the secretary of the United States department of
health and human services as an organ procurement organization;
(xvi) "Parent" means a parent whose parental rights
have not been terminated;
(xvii) "Part" means an organ, an eye or tissue of a
human being. The term does not include the whole body;
(xviii) "Physician" means an individual authorized to
practice medicine or osteopathy under the law of any state;
(xix) "Procurement organization" means an eye bank,
organ procurement organization or tissue bank;
(xx) "Prospective donor" means an individual who is
dead or near death and has been determined by a procurement
organization to have a part that could be medically suitable for
transplantation, therapy, research or education. The term does
not include an individual who has made a refusal;
(xxi) "Reasonably available" means able to be
contacted by a procurement organization without undue effort and
willing and able to act in a timely manner consistent with
existing medical criteria necessary for the making of an
anatomical gift;
(xxii) "Recipient" means an individual into whose
body a decedent's part has been or is intended to be
transplanted;
(xxiii) "Record" means information that is inscribed
on a tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form;
(xxiv) "Refusal" means a record created under W.S.
35-5-207 that expressly states an intent to bar other persons
from making an anatomical gift of an individual's body or part;
(xxv) "Sign" means, with the present intent to
authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the
record an electronic symbol, sound or process.
(xxvi) "State" means a state of the United States,
the District of Columbia, Puerto Rico, the United States Virgin
Islands or any territory or insular possession subject to the
jurisdiction of the United States;
(xxvii) "Technician" means an individual determined
to be qualified to remove or process parts by an appropriate
organization that is licensed, accredited or regulated under
federal or state law. The term includes an enucleator;
(xxviii) "Tissue" means a portion of the human body
other than an organ or an eye. The term does not include blood
unless the blood is donated for the purpose of research or
education;
(xxix) "Tissue bank" means a person that is licensed,
accredited or regulated under federal or state law to engage in
the recovery, screening, testing, processing, storage or
distribution of tissue;
(xxx) "Transplant hospital" means a hospital that
furnishes organ transplants and other medical and surgical
specialty services required for the care of transplant patients;
(xxxi) "This act" means W.S. 35-5-201 through
35-5-225.
35-5-203. Applicability.
This act applies to an anatomical gift or amendment to,
revocation of, or refusal to make an anatomical gift, whenever
made. All anatomical gifts deemed to be effective under W.S.
35-5-101 through 35-5-119, prior to its repeal by this
enactment, shall continue to be deemed and regarded to be
effective after the effective date of this act.
35-5-204. Who may make anatomical gift before donor's
death.
(a) Subject to W.S. 35-5-208, an anatomical gift of a
donor's body or part may be made during the life of the donor
for the purpose of transplantation, therapy, research or
education in the manner provided in W.S. 35-5-205 by:
(i) The donor, if the donor is an adult or if the
donor is a minor and is:
(A) Emancipated; or
(B) Authorized under state law to apply for a
driver's license because the donor is at least sixteen (16)
years of age.
(ii) An agent of the donor, unless the power of
attorney for health care or other record prohibits the agent
from making an anatomical gift;
(iii) A parent of the donor, if the donor is an
unemancipated minor to whom subparagraph (i)(B) of this
subsection does not apply; or
(iv) The donor's guardian, if the donor is an
unemancipated minor to whom subparagraph (i)(B) of this
subsection does not apply.
35-5-205. Manner of making anatomical gift before donor's
death.
(a) A donor may make an anatomical gift:
(i) By authorizing a statement or symbol indicating
that the donor has made an anatomical gift to be imprinted on
the donor's driver's license or identification card;
(ii) In a will;
(iii) During a terminal illness or injury of the
donor, by any form of communication addressed to at least two
(2) adults, at least one (1) of whom is a disinterested witness;
or
(iv) As provided in subsection (b) of this section.
(b) A donor or other person authorized to make an
anatomical gift under W.S. 35-5-204 may make a gift by a donor
card or other record signed by the donor or other person making
the gift or by authorizing that a statement or symbol indicating
that the donor has made an anatomical gift be included on a
donor registry. If the donor or other person is physically
unable to sign a record, the record may be signed by another
individual at the direction of the donor or other person and
shall:
(i) Be witnessed by at least two (2) adults, at least
one (1) of whom is a disinterested witness, who have signed at
the request of the donor or the other person; and
(ii) State that it has been signed and witnessed as
provided in paragraph (i) of this subsection.
(c) Revocation, suspension, expiration or cancellation of
a driver's license or identification card upon which an
anatomical gift is indicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon the
donor's death whether or not the will is probated. Invalidation
of the will after the donor's death does not invalidate the
gift.
35-5-206. Amending or revoking anatomical gift before
donor's death.
(a) Subject to W.S. 35-5-208, a donor or other person
authorized to make an anatomical gift under W.S. 35-5-204 may
amend or revoke an anatomical gift by:
(i) A record signed by:
(A) The donor;
(B) The other person; or
(C) Subject to subsection (b) of this section,
another individual acting at the direction of the donor or the
other person if the donor or other person is physically unable
to sign.
(ii) A later-executed document of gift that amends or
revokes a previous anatomical gift or portion of an anatomical
gift, either expressly or by inconsistency.
(b) A record signed pursuant to subparagraph (a)(i)(C) of
this section shall:
(i) Be witnessed by at least two (2) adults, at least
one (1) of whom is a disinterested witness, who have signed at
the request of the donor or the other person; and
(ii) State that it has been signed and witnessed as
provided in paragraph (i) of this subsection.
(c) Subject to W.S. 35-5-208, a donor or other person
authorized to make an anatomical gift under W.S. 35-5-204 may
revoke an anatomical gift by the destruction or cancellation of
the document of gift, or the portion of the document of gift
used to make the gift, with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that
was not made in a will by any form of communication during a
terminal illness or injury addressed to at least two (2) adults,
at least one (1) of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may
amend or revoke the gift in the manner provided for amendment or
revocation of wills or as provided in subsection (a) of this
section.
35-5-207. Refusal to make anatomical gift; effect of
refusal.
(a) An individual may refuse to make an anatomical gift of
the individual's body or part by:
(i) A record signed by:
(A) The individual; or
(B) Subject to subsection (b) of this section,
another individual acting at the direction of the individual if
the individual is physically unable to sign.
(ii) The individual's will, whether or not the will
is admitted to probate or invalidated after the individual's
death; or
(iii) Any form of communication made by the
individual during the individual's terminal illness or injury
addressed to at least two (2) adults, at least one (1) of whom
is a disinterested witness.
(b) A record signed pursuant to subparagraph (a)(i)(B) of
this section shall:
(i) Be witnessed by at least two (2) adults, at least
one (1) of whom is a disinterested witness, who have signed at
the request of the individual; and
(ii) State that it has been signed and witnessed as
provided in paragraph (i) of this subsection.
(c) An individual who has made a refusal may amend or
revoke the refusal:
(i) In the manner provided in subsection (a) of this
section for making a refusal;
(ii) By subsequently making an anatomical gift
pursuant to W.S. 35-5-205 that is inconsistent with the refusal;
or
(iii) By destroying or cancelling the record
evidencing the refusal, or the portion of the record used to
make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in W.S. 35-5-208(h), in
the absence of an express, contrary indication by the individual
set forth in the refusal, an individual's unrevoked refusal to
make an anatomical gift of the individual's body or part bars
all other persons from making an anatomical gift of the
individual's body or part.
35-5-208. Preclusive effect of anatomical gift, amendment
or revocation.
(a) Except as otherwise provided in subsection (g) and
subject to subsection (f) of this section, in the absence of an
express, contrary indication by the donor, a person other than
the donor is barred from making, amending or revoking an
anatomical gift of a donor's body or part if the donor made an
anatomical gift of the donor's body or part under W.S. 35-5-205
or an amendment to an anatomical gift of the donor's body or
part under W.S. 35-5-206.
(b) A donor's revocation of an anatomical gift of the
donor's body or part under W.S. 35-5-206 is not a refusal and
does not bar another person specified in W.S. 35-5-204 or
35-5-209 from making an anatomical gift of the donor's body or
part under W.S. 35-5-205 or 35-5-210.
(c) If a person other than the donor makes an unrevoked
anatomical gift of the donor's body or part under W.S. 35-5-205
or an amendment to an anatomical gift of the donor's body or
part under W.S. 35-5-206, another person may not make, amend or
revoke the gift of the donor's body or part under W.S. 35-5-210.
(d) A revocation of an anatomical gift of a donor's body
or part under W.S. 35-5-206 by a person other than the donor
does not bar another person from making an anatomical gift of
the body or part under W.S. 35-5-205 or 35-5-210.
(e) In the absence of an express, contrary indication by
the donor or other person authorized to make an anatomical gift
under W.S. 35-5-204, an anatomical gift of a part is neither a
refusal to give another part nor a limitation on the making of
an anatomical gift of another part at a later time by the donor
or another person.
(f) In the absence of an express, contrary indication by
the donor or other person authorized to make an anatomical gift
under W.S. 35-5-204, an anatomical gift of a part for one (1) or
more of the purposes set forth in W.S. 35-5-204 is not a
limitation on the making of an anatomical gift of the part for
any of the other purposes by the donor or any other person under
W.S. 35-5-205 or 35-5-210.
(g) If a donor who is an unemancipated minor dies, a
parent of the donor who is reasonably available may revoke or
amend an anatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a
parent of the minor who is reasonably available may revoke the
minor's refusal.
35-5-209. Who may make anatomical gift of decedent's body
or part.
(a) Subject to subsections (b) and (c) of this section and
unless barred by W.S. 35-5-207 or 35-5-208, an anatomical gift
of a decedent's body or part for purpose of transplantation,
therapy, research or education may be made by any member of the
following classes of persons who is reasonably available, in the
order of priority listed:
(i) An agent of the decedent at the time of death who
could have made an anatomical gift under W.S. 35-5-204(a)(ii)
immediately before the decedent's death;
(ii) The spouse of the decedent;
(iii) Adult children of the decedent;
(iv) Parents of the decedent;
(v) Adult siblings of the decedent;
(vi) Adult grandchildren of the decedent;
(vii) Grandparents of the decedent;
(viii) An adult who exhibited special care and
concern for the decedent;
(ix) The persons who were acting as the guardians of
the person of the decedent at the time of death; and
(x) Any other person having the authority to dispose
of the decedent's body.
(b) If there is more than one (1) member of a class listed
in paragraph (i), (iii), (iv), (v), (vi), (vii) or (ix) of
subsection (a) of this section entitled to make an anatomical
gift, an anatomical gift may be made by a member of the class
unless that member or a person to which the gift may pass under
W.S. W.S. 35-5-211 knows of an objection by another member of
the class. If an objection is known, the gift may be made only
by a majority of the members of the class who are reasonably
available.
(c) A person may not make an anatomical gift if, at the
time of the decedent's death, a person in a prior class under
subsection (a) of this section is reasonably available to make
or to object to the making of an anatomical gift.
35-5-210. Manner of making, amending or revoking
anatomical gift of decedent's body or part.
(a) A person authorized to make an anatomical gift under
W.S. 35-5-209 may make an anatomical gift by a document of gift
signed by the person making the gift or by that person's oral
communication that is electronically recorded or is
contemporaneously reduced to a record and signed by the
individual receiving the oral communication.
(b) Subject to subsection (c) of this section, an
anatomical gift by a person authorized under W.S. 35-5-209 may
be amended or revoked orally or in a record by any member of a
prior class who is reasonably available. If more than one (1)
member of the prior class is reasonably available, the gift made
by a person authorized under W.S. 35-5-209 may be:
(i) Amended only if a majority of the reasonably
available members agree to the amending of the gift; or
(ii) Revoked only if a majority of the reasonably
available members agree to the revocation of the gift or if they
are equally divided as to whether to revoke the gift.
(c) A revocation under subsection (b) of this section is
effective only if, before an incision has been made to remove a
part from the donor's body or before invasive procedures have
begun to prepare the recipient, the procurement organization,
transplant hospital or physician or technician knows of the
revocation.
35-5-211. Persons that may receive anatomical gift;
purpose of anatomical gift.
(a) An anatomical gift may be made to the following
persons named in the document of gift:
(i) For purposes of research or education, a
hospital, accredited medical school, dental school, college or
university, organ procurement organization or any appropriate
person;
(ii) Subject to subsection (b) of this section, an
individual designated by the person making the anatomical gift
if the individual is the recipient of the part;
(iii) A named eye bank or tissue bank;
(iv) A person certified by a state or local law
enforcement agency to train search and rescue animals.
(b) If an anatomical gift to an individual under paragraph
(a)(ii) of this section cannot be transplanted into the
individual, the part passes in accordance with subsection (g) of
this section in the absence of an express, contrary indication
by the person making the anatomical gift.
(c) If an anatomical gift of one (1) or more specific
parts or of all parts is made in a document of gift that does
not name a person described in subsection (a) of this section
but identifies the purpose for which an anatomical gift may be
used, the following rules apply:
(i) If the part is an eye and the gift is for the
purpose of transplantation or therapy, the gift passes to the
appropriate eye bank;
(ii) If the part is tissue and the gift is for the
purpose of transplantation or therapy, the gift passes to the
appropriate tissue bank;
(iii) If the part is an organ and the gift is for the
purpose of transplantation or therapy, the gift passes to the
appropriate organ procurement organization as custodian of the
organ;
(iv) If the part is an organ, an eye or tissue and
the gift is for the purpose of research or education, the gift
passes to the appropriate procurement organization.
(d) For the purpose of subsection (c) of this section, if
there is more than one (1) purpose of an anatomical gift set
forth in the document of gift but the purposes are not set forth
in any priority, the gift shall be used for transplantation or
therapy, if suitable. If the gift cannot be used for
transplantation or therapy, the gift may be used for research or
education.
(e) If an anatomical gift of one (1) or more specific
parts is made in a document of gift that does not name a person
described in subsection (a) of this section and does not
identify the purpose of the gift, the gift may be used only for
transplantation or therapy, and the gift passes in accordance
with subsection (g) of this section.
(f) If a document of gift specifies only a general intent
to make an anatomical gift by words such as "donor," "organ
donor," or "body donor," or by a symbol or statement of similar
import, the gift may be used only for transplantation or
therapy, and the gift passes in accordance with subsection (g)
of this section.
(g) For purposes of subsections (b), (e) and (f) of this
section, the following rules apply:
(i) If the part is an eye, the gift passes to the
appropriate eye bank;
(ii) If the part is tissue, the gift passes to the
appropriate tissue bank;
(iii) If the part is an organ, the gift passes to the
appropriate organ procurement organization as custodian of the
organ.
(h) An anatomical gift of an organ for transplantation or
therapy, other than an anatomical gift under paragraph (a)(ii)
of this section, passes to the organ procurement organization as
custodian of the organ.
(j) If an anatomical gift does not pass pursuant to
subsections (a) through (h) of this section or the decedent's
body or part is not used for transplantation, therapy, research
or education, custody of the body or part passes to the person
under obligation to dispose of the body or part.
(k) A person may not accept an anatomical gift if the
person knows that the gift was not effectively made under W.S.
35-5-205 or 35-5-210 or if the person knows that the decedent
made a refusal under W.S. 35-5-207 that was not revoked. For
purposes of this subsection, if a person knows that an
anatomical gift was made on a document of gift, the person is
deemed to know of any amendment or revocation of the gift or any
refusal to make an anatomical gift on the same document of gift.
(m) Except as otherwise provided in paragraph (a)(ii) of
this section, nothing in this act affects the allocation of
organs for transplantation or therapy.
35-5-212. Delivery of document of gift not required; right
to examine.
(a) A document of gift need not be delivered during the
donor's lifetime to be effective.
(b) Upon or after an individual's death, a person in
possession of a document of gift or a refusal to make an
anatomical gift with respect to the individual shall allow
examination and copying of the document of gift or refusal by a
person authorized to make or object to the making of an
anatomical gift with respect to the individual or by a person to
which the gift could pass under W.S. 35-5-211.
35-5-213. Rights and duties of procurement organization
and others.
(a) When a hospital refers an individual at or near death
to a procurement organization, the organization shall make a
reasonable search of the records of the department and any donor
registry that it knows exists for the geographical area in which
the individual resides to ascertain whether the individual has
made an anatomical gift.
(b) A procurement organization shall be allowed reasonable
access to information in the records of the department to
ascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death
to a procurement organization, the organization may conduct any
reasonable examination necessary to ensure the medical
suitability of a part that is or could be the subject of an
anatomical gift for transplantation, therapy, research or
education from a donor or a prospective donor. During the
examination period, measures necessary to ensure the medical
suitability of the part may not be withdrawn unless the hospital
or procurement organization knows that the individual expressed
a contrary intent.
(d) Unless prohibited by law other than this act, at any
time after a donor's death, the person to whom a part passes
under W.S. 35-5-211 may conduct any reasonable examination
necessary to ensure the medical suitability of the body or part
for its intended purpose.
(e) Unless prohibited by law other than this act, an
examination under subsection (c) or (d) of this section may
include an examination of all medical and dental records of the
donor or prospective donor.
(f) Upon the death of a minor who was a donor or had
signed a refusal, unless a procurement organization knows the
minor is emancipated, the procurement organization shall conduct
a reasonable search for the parents of the minor and provide the
parents with an opportunity to revoke or amend the anatomical
gift or revoke the refusal.
(g) Upon referral by a hospital under subsection (a) of
this section, a procurement organization shall make a reasonable
search for any person listed in W.S. 35-5-209 having priority to
make an anatomical gift on behalf of a prospective donor. If a
procurement organization receives information that an anatomical
gift to any other person was made, amended or revoked, it shall
promptly advise the other person of all relevant information.
(h) Subject to W.S. 35-5-211(j) and 35-5-223, the rights
of the person to whom a part passes under W.S. 35-5-211 are
superior to the rights of all others with respect to the part.
The person may accept or reject an anatomical gift in whole or
in part. Subject to the terms of the document of gift and this
act, a person who accepts an anatomical gift of an entire body
may allow embalming, burial or cremation, and use of remains in
a funeral service. If the gift is of a part, the person to whom
the part passes under W.S. 35-5-211, upon the death of the donor
and before embalming, burial or cremation, shall cause the part
to be removed without unnecessary mutilation.
(j) Neither the physician who attends the decedent at
death nor the physician who determines the time of the
decedent's death may participate in the procedures for removing
or transplanting a part from the decedent.
(k) A physician or technician may remove a donated part
from the body of a donor that the physician or technician is
qualified to remove.
35-5-214. Coordination of procurement and use.
Each hospital in this state shall enter into agreements or
affiliations with procurement organizations for coordination of
procurement and use of anatomical gifts.
35-5-215. Sale or purchase of parts prohibited.
(a) Except as otherwise provided in subsection (b) of this
section, a person who for valuable consideration, knowingly
purchases or sells a part for transplantation or therapy if
removal of a part from an individual is intended to occur after
the individual's death commits a felony punishable by
imprisonment for not more than five (5) years, a fine of not
more than fifty thousand dollars ($50,000.00) or both.
(b) A person may charge a reasonable amount for the
removal, processing, preservation, quality control, storage,
transportation, implantation or disposal of a part.
35-5-216. Other prohibited acts.
A person who, in order to obtain a financial gain, intentionally
falsifies, forges, conceals, defaces or obliterates a document
of gift, an amendment or revocation of a document of gift, or a
refusal commits a misdemeanor punishable by imprisonment for not
more than one (1) year, a fine of not more than one thousand
dollars ($1,000.00) or both.
35-5-217. Immunity.
(a) A person who acts in accordance with this act or with
the applicable anatomical gift law of another state, or attempts
in good faith to do so, is not liable for the act in a civil
action, criminal prosecution or administrative proceeding.
(b) Neither the person making an anatomical gift nor the
donor's estate is liable for any injury or damage that results
from the making or use of the gift.
(c) In determining whether an anatomical gift has been
made, amended or revoked under this act, a person may rely upon
representations of an individual listed in W.S. 35-5-209(a)(ii),
(iii), (iv), (v), (vi), (vii) or (viii) relating to the
individual's relationship to the donor or prospective donor
unless the person knows that the representation is untrue.
35-5-218. Law governing validity; choice of law as to
execution of document of gift; presumption of validity.
(a) A document of gift is valid if executed in accordance
with:
(i) This act;
(ii) The laws of the state or country where it was
executed; or
(iii) The laws of the state or country where the
person making the anatomical gift was domiciled, has a place of
residence or was a national at the time the document of gift was
executed.
(b) If a document of gift is valid under this section, the
law of this state governs the interpretation of the document of
gift.
(c) A person may presume that a document of gift or
amendment of an anatomical gift is valid unless that person
knows that it was not validly executed or was revoked.
35-5-219. Donor registry.
(a) The department shall electronically transfer to a
procurement organization the information that appears on the
front of the driver's license or identification card, to include
the name, gender, date of birth, social security number if it
appears on the license or card, driver's license or
identification card number, issue date or renewal date and
address of the individual identified as a donor. The department
shall also electronically transfer any subsequent change in the
donor's status, including revocation of the gift. The
department shall submit to the department of health a statement
of costs incurred to initially install and establish the
electronic transfer of donor information. The department of
health shall direct the state auditor to reimburse the
department for the costs from the anatomical awareness account
under W.S. 35-5-225 to the extent there are funds in that
account. There shall be no charge to a procurement organization
for the transfer of donor information.
(b) With the information obtained from the department and
from other sources including donors and donors' agents pursuant
to W.S. 35-5-205(b), the procurement organization shall
establish and maintain a statewide organ and tissue donor
registry to facilitate organ and tissue donations. The cost
incurred to create and maintain the registry shall be paid by
the procurement organization. Registry information shall be
accessible to any procurement organization located in Wyoming
and may be disseminated to a procurement organization in another
state for the recovery or placement of organs and tissue.
Registry information may also be disseminated to Wyoming eye
banks under this section.
(c) A donor registry shall:
(i) Allow a donor or other person authorized under
W.S. 35-5-204 to include on the donor registry a statement or
symbol that the donor has made, amended or revoked an anatomical
gift;
(ii) Be accessible to a procurement organization to
allow it to obtain relevant information on the donor registry to
determine, at or near death of the donor or a prospective donor,
whether the donor or prospective donor has made, amended or
revoked an anatomical gift; and
(iii) Be accessible for purposes of paragraphs (i)
and (ii) of this subsection seven (7) days a week on a twenty-
four (24) hour basis.
(d) Personally identifiable information on a donor
registry about a donor or prospective donor may not be used or
disclosed without the express consent of the donor, prospective
donor or person who made the anatomical gift for any purpose
other than to determine, at or near death of the donor or
prospective donor, whether the donor or prospective donor has
made, amended or revoked an anatomical gift.
(e) This section does not prohibit any person from
creating or maintaining a donor registry that is not established
by or under contract with the state. Any such registry shall
comply with subsections (c) and (d) of this section.
35-5-220. Effect of anatomical gift on advance health care
directive.
(a) In this section:
(i) "Advance health-care directive" means a power of
attorney for health care or a record signed or authorized by a
prospective donor containing the prospective donor's direction
concerning a health-care decision for the prospective donor;
(ii) "Declaration" means a record signed by a
prospective donor specifying the circumstances under which a
life support system may be withheld or withdrawn from the
prospective donor;
(iii) "Health-care decision" means any decision
regarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advance
health-care directive and the terms of the declaration or
directive and the express or implied terms of a potential
anatomical gift are in conflict with regard to the
administration of measures necessary to ensure the medical
suitability of a part for transplantation or therapy, the
prospective donor's attending physician and prospective donor
shall confer to resolve the conflict. If the prospective donor
is incapable of resolving the conflict, an agent acting under
the prospective donor's declaration or directive, or, if none or
the agent is not reasonably available, another person authorized
by law other than this act to make health-care decisions on
behalf of the prospective donor, shall act for the donor to
resolve the conflict. The conflict shall be resolved as
expeditiously as possible. Information relevant to the
resolution of the conflict may be obtained from the appropriate
procurement organization and any other person authorized to make
an anatomical gift for the prospective donor under W.S.
35-5-209. Before resolution of the conflict, measures necessary
to ensure the medical suitability of the part may not be
withheld or withdrawn from the prospective donor if withholding
or withdrawing the measures is not contraindicated by
appropriate end-of-life care.
35-5-221. Cooperation between coroner and procurement
organization.
(a) A coroner shall cooperate with procurement
organizations to maximize the opportunity to recover anatomical
gifts for the purpose of transplantation, therapy, research or
education.
(b) If a coroner receives notice from a procurement
organization that an anatomical gift might be available or was
made with respect to a decedent whose body is under the
jurisdiction of the coroner and a post-mortem examination is
going to be performed, unless the coroner denies recovery in
accordance with W.S. 35-5-222, the coroner or designee shall
conduct a post-mortem examination of the body or the part in a
manner and within a period compatible with its preservation for
the purposes of the gift.
(c) A part may not be removed from the body of a decedent
under the jurisdiction of a coroner for transplantation,
therapy, research or education unless the part is the subject of
an anatomical gift. The body of a decedent under the
jurisdiction of the coroner may not be delivered to a person for
research or education unless the body is the subject of an
anatomical gift. This subsection does not preclude a coroner
from performing the medicolegal investigation upon the body or
parts of a decedent under the jurisdiction of the coroner.
35-5-222. Facilitation of anatomical gift from decedent
whose body is under jurisdiction of coroner.
(a) Upon request of a procurement organization, a coroner
shall release to the procurement organization the name, contact
information and available medical and social history of a
decedent whose body is under the jurisdiction of the coroner.
If the decedent's body or part is medically suitable for
transplantation, therapy, research or education, the coroner
shall release post-mortem examination results to the procurement
organization. The procurement organization may make a
subsequent disclosure of the post-mortem examination results or
other information received from the coroner only if relevant to
transplantation or therapy.
(b) The coroner may conduct a medicolegal examination by
reviewing all medical records, laboratory test results, x-rays,
other diagnostic results and other information that any person
possesses about a donor or prospective donor whose body is under
the jurisdiction of the coroner which the coroner determines may
be relevant to the investigation.
(c) A person who has any information requested by a
coroner pursuant to subsection (b) of this section shall provide
that information as expeditiously as possible to allow the
coroner to conduct the medicolegal investigation within a period
compatible with the preservation of parts for the purpose of
transplantation, therapy, research or education.
(d) If an anatomical gift has been or might be made of a
part of a decedent whose body is under the jurisdiction of the
coroner and a post-mortem examination is not required, or the
coroner determines that a post-mortem examination is required
but that the recovery of the part that is the subject of an
anatomical gift will not interfere with the examination, the
coroner and procurement organization shall cooperate in the
timely removal of the part from the decedent for the purpose of
transplantation, therapy, research or education.
(e) If an anatomical gift of a part from the decedent
under the jurisdiction of the coroner has been or might be made,
but the coroner initially believes that the recovery of the part
could interfere with the post-mortem investigation into the
decedent's cause or manner of death, the coroner shall consult
with the procurement organization or physician or technician
designated by the procurement organization about the proposed
recovery. After consultation, the coroner may deny the recovery.
(f) The coroner and procurement organization shall enter
into an agreement establishing protocols and procedures
governing relations between them when the coroner believes that
the recovery of a part for anatomical gift from a decedent whose
body is under the jurisdiction of the coroner could interfere
with the post-mortem investigation into the decedent's cause or
manner of death or the documentation or preservation of
evidence. Decisions regarding the recovery of a part from the
decedent shall be made in accordance with the agreement.
(g) If the coroner or designee denies recovery under
subsection (f) of this section, the coroner or designee shall:
(i) Explain in a record the specific reasons for not
allowing recovery of the part;
(ii) Include the specific reasons in the records of
the coroner; and
(iii) Provide a record with the specific reasons to
the procurement organization.
(h) If the coroner or designee allows recovery of a part
under subsection (d), (e) or (f) of this section, the
procurement organization, upon request, shall cause the
physician or technician who removes the part to provide the
coroner with a record describing the condition of the part, a
biopsy, a photograph and any other information and observations
that would assist in the post-mortem examination.
(j) If a coroner or designee is required to be present at
a removal procedure under subsection (f) of this section, upon
request the procurement organization requesting the recovery of
the part shall reimburse the coroner or designee for the
additional costs incurred in complying with subsection (f) of
this section.
35-5-223. Uniformity of application and construction.
In applying and construing this uniform act, consideration shall
be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
35-5-224. Relation to Electronic Signatures in Global and
National Commerce Act.
This act modifies, limits and supersedes the Electronic
Signatures in Global and National Commerce Act, 15 U.S.C.
Section 7001 et seq., but does not modify, limit or supersede
Section 101(a) of that act, 15 U.S.C. Section 7001, or authorize
electronic delivery of any of the notices described in Section
103(b) of that act, 15 U.S.C. Section 7003(b).
35-5-225. Promotion of anatomical gifts.
Any money received from donations by owners of vehicles under
W.S. 31-2-233(b) or 31-3-101(h) shall be deposited into a
separate anatomical awareness account to be used by the
department of health and its advisory council to promote general
public awareness and education for the procurement of organ and
tissue donations for anatomical gifts pursuant to this act.
ARTICLE 3 - NONDISCRIMINATION IN ACCESS TO ANATOMICAL GIFTS AND
ORGAN TRANSPLANTATION
35-5-301. Definitions.
(a) As used in this article:
(i) "Anatomical gift" means a donation of all or part
of a human body to take effect after the donor's death for the
purpose of transplantation or transfusion;
(ii) "Auxiliary aid or service" means an aid or
service that is used to provide information to an individual
with a cognitive, developmental, intellectual, neurological or
physical disability and is available in a format or manner that
allows the individual to better understand the information. An
auxiliary aid or service includes any of the following:
(A) Qualified interpreters or other effective
methods of making aurally delivered materials available to
persons with hearing impairments;
(B) Qualified readers, taped texts, texts in
accessible electronic format or other effective methods of
making visually delivered materials available to persons with
visual impairments;
(C) Supported decision making services,
including:
(I) The use of a support individual to
communicate information to the individual with a disability,
ascertain the wishes of the individual or assist the individual
in making decisions;
(II) The disclosure of information to a
legal guardian, authorized representative or another individual
designated by the individual with a disability for decision
making purposes, as long as the disclosure is consistent with
state and federal law, including the federal Health Insurance
Portability and Accountability Act of 1996, 42 U.S.C. § 1320d et
seq., and any regulations promulgated by the United States
department of health and human services to implement the act;
(III) If an individual has a court
appointed guardian or other individual responsible for making
medical decisions on behalf of the individual, any measures used
to ensure that the individual is included in decisions involving
the individual's health care and that medical decisions are in
accordance with the individual's own expressed interests;
(IV) Any other aid or service that is used
to provide information in a format that is easily understandable
and accessible to individuals with cognitive, neurological,
developmental or intellectual disabilities, including assistive
communication technology.
(iii) "Covered entity" means:
(A) Any licensed provider of health care
services, including licensed health care practitioners,
hospitals, nursing facilities, laboratories, intermediate care
facilities, psychiatric residential treatment facilities,
institutions for individuals with intellectual or developmental
disabilities and prison health centers;
(B) Any entity responsible for matching
anatomical gift donors to potential recipients.
(iv) "Disability" has the meaning stated in the
Americans with Disabilities Act of 1990, as amended by the
Americans with Disabilities Amendments Act of 2008, at 42 U.S.C.
§ 12102;
(v) "Organ transplant" means the transplantation or
transfusion of a part of a human body into the body of another
for the purpose of treating or curing a medical condition;
(vi) "Qualified recipient" means an individual who
has a disability and meets the essential eligibility
requirements for the receipt of an anatomical gift with or
without any of the following:
(A) Individuals or entities available to support
and assist the individual with an anatomical gift or
transplantation;
(B) Auxiliary aids or services;
(C) Reasonable modifications to the policies,
practices or procedures of a covered entity, including
modifications to allow for either or both of the following:
(I) Communication with one (1) or more
individuals or entities available to support or assist with the
recipient's care and medication after surgery or
transplantation;
(II) Consideration of support networks
available to the individual, including family, friends and home
and community based services, including home and community based
services funded through Medicaid, Medicare, another health plan
in which the individual is enrolled or any program or source of
funding available to the individual, when determining whether
the individual is able to comply with post-transplant medical
requirements.
35-5-302. Discrimination prohibited.
(a) A covered entity shall not, solely on the basis of an
individual's disability:
(i) Consider the individual ineligible to receive an
anatomical gift or organ transplant;
(ii) Deny medical services or other services related
to organ transplantation, including diagnostic services,
evaluation, surgery, counseling or post-operative treatment and
services;
(iii) Refuse to refer the individual to a transplant
center or other related specialist for the purpose of being
evaluated for or receiving an organ transplant;
(iv) Refuse to place a qualified recipient on an
organ transplant waiting list;
(v) Place a qualified recipient on an organ
transplant waiting list at a lower priority position than the
position at which the individual would have been placed if the
individual did not have a disability;
(vi) Refuse insurance coverage for any procedure
associated with being evaluated for or receiving an anatomical
gift or organ transplant, including post-transplantation and
post-transfusion care.
(b) A covered entity may take an individual's disability
into account when making treatment or coverage recommendations
or decisions, solely to the extent that the disability has been
found by a physician or surgeon, following an individualized
evaluation of the individual, to be medically significant to the
provision of the anatomical gift.
(c) If an individual has the necessary support system to
assist the individual in complying with post-transplant medical
requirements, a covered entity may not consider the individual's
inability to independently comply with post-transplant medical
requirements to be medically significant for the purposes of
subsection (b) of this section.
(d) A covered entity shall make reasonable modifications
to its policies, practices or procedures to allow individuals
with disabilities access to transplantation related services,
including diagnostic services, surgery, coverage, post-operative
treatment and counseling, unless the entity can demonstrate that
making such modifications would fundamentally alter the nature
of those services.
(e) A covered entity shall take steps necessary to ensure
that an individual with a disability is not denied medical
services or other services related to organ transplantation,
including diagnostic services, surgery, post-operative treatment
or counseling, due to the absence of auxiliary aids or services,
unless the covered entity demonstrates that taking the steps
would fundamentally alter the nature of the medical services or
other services related to organ transplantation or would result
in an undue burden for the covered entity.
(f) Nothing in this section shall require a covered entity
to make a referral or recommendation for or perform a medically
inappropriate organ transplant.
(g) A covered entity shall otherwise comply with the
requirements of titles II and III of the Americans with
Disabilities Act, as amended.
(h) The provisions of this article shall apply to all
stages of the organ transplant process.
35-5-303. Enforcement.
(a) Whenever it appears that a covered entity has violated
or is violating any of the provisions of this article, the
affected individual may commence a civil action for injunctive
and other relief against the covered entity for purposes of
enforcing compliance with this article. The action may be
brought in the district court for the county where the affected
individual resides or resided or was denied the organ transplant
or referral.
(b) In an action brought under this article, the court
shall give priority on its docket and expedited review, and may
grant injunctive or other relief, including:
(i) Requiring auxiliary aids or services to be made
available for a qualified recipient;
(ii) Requiring the modification of a policy, practice
or procedure of a covered entity; or
(iii) Requiring facilities be made readily accessible
to and usable by a qualified recipient.
(c) Nothing in this article is intended to limit or
replace available remedies under the Americans With Disabilities
Act, as amended, or any other applicable law.
CHAPTER 6 - ABORTIONS
ARTICLE 1 - IN GENERAL
35-6-101. Repealed by Laws 2023, ch. 184, § 5.
35-6-102. Repealed by Laws 2023, ch. 184, § 5.
35-6-103. Repealed by Laws 2023, ch. 184, § 5.
35-6-104. Repealed by Laws 2023, ch. 184, § 5.
35-6-105. Renumbered as 35-6-129 by Laws 2023, ch. 184, §
4.
35-6-106. Renumbered as 35-6-130 by Laws 2023, ch. 184, §
4.
35-6-107. Renumbered as 35-6-131 by Laws 2023, ch. 184, §
4.
35-6-108. Renumbered as 35-6-132 by Laws 2023, ch. 184, §
3.
35-6-109. Renumbered as 35-6-133 by Laws 2023, ch. 184, §
4.
35-6-110. Repealed by Laws 2023, ch. 184, § 5.
35-6-111. Repealed by Laws 2023, ch. 184, § 5.
35-6-112. Repealed by Laws 2023, ch. 184, § 5.
35-6-113. Renumbered as 35-6-134 by Laws 2023, ch. 184, §
3.
35-6-114. Renumbered as 35-6-135 by Laws 2023, ch. 184, §
3.
35-6-115. Renumbered as 35-6-136 by Laws 2023, ch. 184, §
4.
35-6-116. Renumbered as 35-6-137 by Laws 2023, ch. 184, §
4.
35-6-117. Renumbered as 35-6-138 by Laws 2023, ch. 184, §
3.
35-6-118. Repealed by Laws 2023, ch. 184, § 5.
35-6-119. Repealed by Laws 2023, ch. 184, § 5.
35-6-120. Short title.
This act shall be known and may be cited as the "Life is a Human
Right Act."
35-6-121. Findings and purposes.
(a) The legislature finds that:
(i) As a consequence of an unborn baby being a member
of the species homo sapiens from conception, the unborn baby is
a member of the human race under article 1, section 2 of the
Wyoming constitution;
(ii) The legislature acknowledges that all members of
the human race are created equal and are endowed by their
creator with certain unalienable rights, the foremost of which
is the right to life;
(iii) This act promotes and furthers article 1,
section 6 of the Wyoming constitution, which guarantees that no
person may be deprived of life or liberty without due process of
law;
(iv) Regarding article 1, section 38 of the Wyoming
constitution, abortion as defined in this act is not health
care. Instead of being health care, abortion is the intentional
termination of the life of an unborn baby. It is within the
authority of the state of Wyoming to determine reasonable and
necessary restrictions upon abortion, including its prohibition.
In accordance with Article 1, Section 38(c) of the Wyoming
constitution, the legislature determines that the health and
general welfare of the people requires the prohibition of
abortion as defined in this act;
(v) The legislature, in the exercise of its
constitutional duties and powers, has a fundamental duty to
provide equal protection for all human lives, including unborn
babies from conception;
(vi) Wyoming's "legitimate interests include respect
for and preservation of prenatal life at all stages of
development; the protection of maternal health and safety; the
elimination of particularly gruesome or barbaric medical
procedures; the preservation of the integrity of the medical
profession; the mitigation of fetal pain; and the prevention of
discrimination on the basis of race, sex, or disability." Dobbs
v. Jackson Women's Health Org., 142 S. Ct. 2228, 2284 (2022)
(internal citations omitted).
35-6-122. Definitions.
(a) As used in this act:
(i) "Abortion" means the act of using or prescribing
any instrument, medicine, drug or any other substance, device or
means with the intent to terminate the clinically diagnosable
pregnancy of a woman, including the elimination of one (1) or
more unborn babies in a multifetal pregnancy, with knowledge
that the termination by those means will, with reasonable
likelihood, cause the death of the unborn baby. "Abortion" shall
not include any use, prescription or means specified in this
paragraph if the use, prescription or means are done with the
intent to:
(A) Save the life or preserve the health of the
unborn baby;
(B) Remove a dead unborn baby caused by
spontaneous abortion or intrauterine fetal demise;
(C) Treat a woman for an ectopic pregnancy; or
(D) Treat a woman for cancer or another disease
that requires medical treatment which treatment may be fatal or
harmful to the unborn baby.
(ii) "Pregnant" means the human female reproductive
condition of having a living unborn baby or human being within a
human female's body throughout the entire embryonic and fetal
stages of the unborn human being from fertilization, when a
fertilized egg has implanted in the wall of the uterus, to full
gestation and childbirth;
(iii) "Reasonable medical judgment" means a medical
judgment that would be made by a reasonably prudent physician
who is knowledgeable about the case and the treatment
possibilities with respect to the medical conditions involved;
(iv) "Unborn baby" or "unborn human being" means an
individual living member of the species homo sapiens throughout
the entire embryonic and fetal stages from fertilization to full
gestation and childbirth;
(v) "Ectopic pregnancy" means a pregnancy that occurs
when a fertilized egg implants and grows outside the main cavity
of the uterus;
(vi) "Lethal fetal anomaly" means a fetal condition
diagnosed before birth and if the pregnancy results in a live
birth there is a substantial likelihood of death of the child
within hours of the child's birth;
(vii) "Molar pregnancy" means the development of a
tumor or cysts that may or may not include placental tissue from
trophoblastic cells after fertilization of an egg that results
in spontaneous abortion or intrauterine fetal demise;
(viii) "This act" means W.S. 35-6-120 through 35-6-
138.
35-6-123. Abortion prohibited.
(a) Except as provided in W.S. 35-6-124, no person shall
knowingly:
(i) Administer to, prescribe for or sell to any
pregnant woman any medicine, drug or other substance with the
specific intent of causing or abetting an abortion; or
(ii) Use or employ any instrument, device, means or
procedure upon a pregnant woman with the specific intent of
causing or abetting an abortion.
35-6-124. Exceptions to abortion prohibition;
applicability.
(a) It shall not be a violation of W.S. 35-6-123 for a
licensed physician to:
(i) Perform a pre-viability separation procedure
necessary in the physician's reasonable medical judgment to
prevent the death of the pregnant woman, a substantial risk of
death for the pregnant woman because of a physical condition or
the serious and permanent impairment of a life-sustaining organ
of a pregnant woman, provided that no separation procedure shall
be deemed necessary under this paragraph unless the physician
makes all reasonable medical efforts under the circumstances to
preserve both the life of the pregnant woman and the life of the
unborn baby in a manner consistent with reasonable medical
judgment;
(ii) Provide medical treatment to a pregnant woman
that results in the accidental or unintentional injury to, or
the death of, an unborn baby;
(iii) Perform an abortion on a woman when the
pregnancy is the result of incest as defined by W.S. 6-4-402 or
sexual assault as defined by W.S. 6-2-301. Prior to the
performance of any abortion under this paragraph the woman, or
the woman's parent or guardian if the woman is a minor or
subject to a guardianship, shall report the act of incest or
sexual assault to a law enforcement agency and a copy of the
report shall be provided to the physician; or
(iv) Perform an abortion on a woman when in the
physician's reasonable medical judgment, there is a substantial
likelihood that the unborn baby has a lethal fetal anomaly or
the pregnancy is determined to be a molar pregnancy.
(b) Nothing in this act shall be construed to prohibit the
use, sale, prescription or administration of a contraceptive
measure, drug, chemical or device if the contraceptive measure,
drug, chemical or device is used, sold, prescribed or
administered in accordance with manufacturer instructions and is
not used, sold, prescribed or administered with the specific
intent to cause or induce an abortion.
35-6-125. Penalties and remedies.
(a) Any person who violates W.S. 35-6-123 is guilty of a
felony punishable by a fine not to exceed twenty thousand
dollars ($20,000.00), imprisonment for not more than five (5)
years, or both.
(b) Nothing in this act shall be construed to subject a
pregnant woman upon whom any abortion is performed or attempted
to any criminal penalty under this act.
35-6-126. Professional sanctions; civil penalties.
(a) In addition to any other penalties available under
law, a physician or any other professionally licensed person who
intentionally, knowingly or recklessly violates W.S. 35-6-123
commits an act of unprofessional conduct, and the physician's or
person's license to practice in Wyoming shall be immediately
revoked by the state board of medicine after due process in
accordance with the rules and procedures of the state board of
medicine. Any person may file a complaint against a physician or
other licensed person under this section, or the state board of
medicine may on its own accord initiate a complaint against a
physician or other licensed person. The state board of medicine
may assess or impose the costs of any investigation, fines not
to exceed five thousand dollars ($5,000.00) and any other
disciplinary actions authorized by law that the board deems
appropriate.
(b) No civil penalty shall be assessed against a pregnant
woman upon whom an abortion is performed or attempted for a
violation of this act.
35-6-127. Civil remedies.
(a) In addition to any remedies available under law,
failure to comply with this act shall provide the basis for a
civil action as provided by this section.
(b) Any pregnant woman upon whom an abortion has been
performed, induced or coerced in violation of this act may
maintain an action against the person or persons who violated
this act for actual and punitive damages. In addition to all
other damages and separate and distinct from all damages, a
plaintiff prevailing in an action under this section shall be
entitled to statutory damages of ten thousand dollars
($10,000.00) for each violation of this act from each defendant
for each violation.
(c) A separate and distinct cause of action for injunctive
relief against any person who has violated this act to enjoin
further violations of this act may be maintained by any of the
following:
(i) The woman upon whom an abortion was performed or
induced in violation of this act;
(ii) The parent or guardian of the pregnant woman if
the woman had not attained eighteen (18) years of age at the
time of the abortion or if the woman died as a result of the
abortion;
(iii) A district attorney with proper jurisdiction;
(iv) The attorney general.
(d) If judgment is rendered in favor of the plaintiff in a
civil action authorized by this section, the plaintiff shall be
entitled to receive reasonable costs and attorney fees from the
defendant.
35-6-128. Construction; severability.
It is the intent of the legislature that each provision of this
act shall operate with equal force and shall be severable and
that, in the event that any provision of this act shall be held
invalid or unenforceable by a court of competent jurisdiction,
the invalid or unenforceable provision shall be deemed
severable, and the remaining provisions of this act shall be
deemed fully enforceable.
35-6-129. Private institutions not required to perform
abortions; no liability for refusal to perform abortion.
No private hospital, clinic, institution or other private
facility in this state is required to admit any patient for the
purpose of performing an abortion nor to allow the performance
of an abortion therein. The private hospital, clinic,
institution or any other private facility shall inform any
prospective patient seeking an abortion of its policy not to
participate in abortion procedures. No cause of action shall
arise against any private hospital, clinic, institution or any
other private facility for refusing to perform or allow an
abortion.
35-6-130. Persons not required to perform abortion; no
civil liability for refusal; sanctions or discrimination for
refusal forbidden.
No person shall, in any way, be required to perform or
participate in any abortion or in any act or thing which
accomplishes or performs or assists in accomplishing or
performing a human miscarriage, euthanasia or any other death of
a human fetus or human embryo. The refusal of any person to do
so is not a basis for civil liability to any person. No
hospital, governing board or any other person, firm, association
or group shall terminate the employment of, alter the position
of, prevent or impair the practice or occupation of, or impose
any other sanction or otherwise discriminate against any person
who refuses to perform or participate in any abortion or in any
act or thing which accomplishes, performs or assists in
accomplishing or performing a human miscarriage, euthanasia or
any other death of a human fetus or embryo.
35-6-131. Forms for reporting abortions.
(a) The state office of vital records services shall
establish an abortion reporting form which shall be used after
May 27, 1977 for the reporting of every abortion performed or
prescribed in this state. The form shall include the following
items in addition to the information necessary to complete the
form subject to subsection (b) of this section:
(i) The age of the pregnant woman;
(ii) The type of procedure performed or prescribed;
(iii) Complications, if any;
(iv) A summary of the pregnant woman's obstetrical
history regarding previous pregnancies, abortions and live
births;
(v) The length and weight of the aborted fetus or
embryo, when measurable or the gestational age of the aborted
fetus or embryo in completed weeks at the time of abortion;
(vi) Type of facility where the abortion is performed
(i.e., hospital, clinic, physician's office, or other).
(b) In addition to the requirements provided in subsection
(a) of this section, the form shall not contain the name or the
address of the pregnant woman or any other common identifiers
including a social security number, driver's license number or
any other information or identifier that would tend to disclose
the identity of the pregnant woman or any other participant
other than the reporting physician.
(c) The form shall be completed by the attending physician
and submitted to the state health officer as defined in W.S. 9-
2-103(e) within twenty (20) days after the abortion is
performed. A physician who fails to submit a form under this
section within one hundred ten (110) days after an abortion is
performed shall be reported to the board of medicine by the
state health officer. The board of medicine shall investigate
the matter and may take disciplinary action under W.S. 33-26-
402(a)(x).
(d) Termination of a pregnancy by natural miscarriage or
as a treatment consequence of a natural miscarriage shall not be
reported as an abortion pursuant to this section, provided that
the miscarriage was not induced with the intent of terminating
the pregnancy. An alleged miscarriage that was induced with the
intent of terminating a pregnancy shall be reported as an
abortion pursuant to this section.
35-6-132. Compilations of abortions; matter of record;
exception.
(a) The state office of vital records services shall
prepare and keep on file for seven (7) years compilations of the
information submitted on the abortion reporting forms. The
compilations shall be available as provided in this section. The
state health officer, in order to maintain and keep such
compilations current, shall file with the reports any new or
amended information. The information submitted under W.S. 35-6-
131 and compiled under this section, except the report required
under subsection (c) of this section, shall not be stored in any
computer.
(b) An abortion reporting form received under W.S. 35-6-
131 shall be maintained in strict confidence by the state office
of vital records services, shall not be a public record and
shall not be made available except to the attorney general or a
district attorney with appropriate jurisdiction pursuant to a
criminal investigation or to the state board of medicine
pursuant to an investigation. The attorney general or a district
attorney receiving an abortion form pursuant to this subsection
shall keep the form and information from the form confidential
except as may be required by law for a criminal prosecution. The
state board of medicine receiving an abortion form pursuant to
this subsection shall keep the form and information from the
form confidential except as may be required by law to determine
or enforce an action regarding licensure.
(c) Not later than June 30 of each year the office of
vital records services shall issue a public report providing
summary statistics for the previous calendar year compiled from
all of the abortion reporting forms from that year submitted in
accordance with this section for each of the items listed in
W.S. 35-6-131. The report shall also include the statistics for
all previous calendar years during which this subsection was in
effect, adjusted to reflect any additional information from late
or corrected reports. The office shall ensure that no
information included in the public reports could reasonably lead
to the identification of any woman upon whom an abortion was
performed, induced or attempted. The report shall be transmitted
to the United States centers for disease control and prevention
for the national abortion surveillance report.
35-6-133. Rules and regulations for disposal of bodies and
parts thereof.
The state department of health may prescribe rules and
regulations for the disposal of the bodies, tissues, organs and
parts thereof of an unborn child, human fetus or human embryo
which has been aborted.
35-6-134. Penalty for violating W.S. 35-6-130.
Any person, firm, corporation, group or association who violates
W.S. 35-6-130 is guilty of an offense punishable by a fine of
not more than ten thousand dollars ($10,000.00).
35-6-135. Right to damages for discriminatory employment
practices for refusal to perform abortion.
Any person or persons injured by any action prohibited in W.S.
35-6-130 may by civil action obtain injunctive relief or
damages.
35-6-136. Penalty for giving away an aborted child for
experimentation; exemptions.
(a) Except as provided in subsection (b) of this section,
whoever sells, transfers, distributes or gives away any aborted
child or any tissue or cells from an aborted child for any form
of experimentation is guilty of a felony punishable by a fine of
not less than ten thousand dollars ($10,000.00) and by
imprisonment in the penitentiary for not less than one (1) year
nor more than fourteen (14) years. Any person consenting, aiding
or abetting such sale, transfer, distribution or other unlawful
disposition of an aborted child or any tissue or cells from an
aborted child is guilty of a felony punishable by a fine of not
less than ten thousand dollars ($10,000.00) and by imprisonment
in the penitentiary for not less than one (1) year nor more than
fourteen (14) years or both, and shall also be subject to
prosecution for violation of any other criminal statute.
(b) Subsection (a) of this section shall not be construed
to apply to:
(i) Any legal organ or tissue donations made by a
parent;
(ii) A child or any tissues or cells from a
miscarriage or produced by any medical procedure following a
miscarriage, or any other medical condition which is not an
abortion;
(iii) The use or transfer of tissue or cells from an
aborted child, embryo or fetus for medical examination and
testing to:
(A) Identify, confirm or deny any medical
condition which lead to or influenced the decision to terminate
the pregnancy;
(B) Obtain information relating to future
medical treatment or counseling of parents, siblings or other
blood relatives of the aborted child, embryo or fetus; or
(C) Comply with hospital quality control
regulations.
35-6-137. Advertising drug or nostrum for procuring
abortion or miscarriage.
Whoever prints or publishes any advertisement of any drug or
nostrum with intent to obtain utilization of such drug or
nostrum for procuring abortion or miscarriage; or sells or gives
away, or keeps for sale or gratuitous distribution, any
newspaper, circular, pamphlet, or book containing such
advertisement, or any account or description, of such drug or
nostrum with intent to obtain utilization of such drugs or
nostrum to procure abortion or miscarriage, shall be fined not
more than one hundred dollars ($100.00), to which may be added
imprisonment in the county jail for not more than six (6)
months.
35-6-138. Use of appropriated funds for abortion
prohibited.
(a) Repealed by Laws 2023, Ch. 184, § 6.
(b) No funds appropriated by the legislature of the state
of Wyoming shall be used to pay for abortions.
35-6-139. Chemical abortions prohibited; exceptions;
penalty.
(a) Notwithstanding any other provision of law, it shall
be unlawful to prescribe, dispense, distribute, sell or use any
drug for the purpose of procuring or performing an abortion on
any person.
(b) The prohibition in subsection (a) shall not apply to:
(i) The sale, use, prescription or administration of
any contraceptive agent administered before conception or before
pregnancy can be confirmed through conventional medical testing;
(ii) The treatment of a natural miscarriage according
to currently accepted medical guidelines;
(iii) Treatment necessary to preserve the woman from
an imminent peril that substantially endangers her life or
health, according to appropriate medical judgment, or the
pregnancy is the result of incest as defined by W.S. 6-4-402 or
sexual assault as defined by W.S. 6-2-301. As used in this
paragraph, "imminent peril" means only a physical condition and
shall not include any psychological or emotional conditions. No
medical treatment shall form the basis for an exception under
this paragraph if it is based on a claim or diagnosis that the
pregnant woman will engage in conduct which she intends to
result in her death or other self-harm.
(c) Except as otherwise provided in this section, any
physician or other person who violates subsection (a) of this
section is guilty of a misdemeanor punishable by imprisonment
for not more than six (6) months, a fine not to exceed nine
thousand dollars ($9,000.00), or both.
(d) A woman upon whom a chemical abortion is performed or
attempted shall not be criminally prosecuted pursuant to
subsection (c) of this section.
ARTICLE 2 - REGULATION OF SURGICAL ABORTIONS
35-6-201. Definitions.
(a) As used in this article:
(i) "Abortion" means the act of using or prescribing
any instrument, medicine, drug or any other substance, device or
means with the intent to terminate the clinically diagnosable
pregnancy of a woman, including the elimination of one (1) or
more unborn babies in a multifetal pregnancy, with knowledge
that the termination by those means will, with reasonable
likelihood, cause the death of the unborn baby. "Abortion" shall
not include any use, prescription or means specified in this
paragraph if the use, prescription or means are done with the
intent to:
(A) Save the life or preserve the health of the
unborn baby;
(B) Remove a dead unborn baby caused by
spontaneous abortion or intrauterine fetal demise;
(C) Treat a woman for an ectopic pregnancy; or
(D) Treat a woman for cancer or another disease
that requires medical treatment which treatment may be fatal or
harmful to the unborn baby.
(ii) "Ectopic pregnancy" means the state of carrying
an unborn child outside of the uterine cavity;
(iii) "Hospital" means those institutions licensed by
the Wyoming department of health as hospitals;
(iv) "Intrauterine fetal demise" means the death of
an unborn child inside the uterine cavity after twenty (20)
weeks of pregnancy;
(v) "Miscarriage" means the spontaneous loss of the
unborn child;
(vi) "Physician" means any person licensed to
practice medicine in this state;
(vii) "Pregnancy" or "pregnant" means the human
female reproductive condition of having a living unborn baby or
human being within a human female's body throughout the entire
embryonic and fetal stages of the unborn human being from
fertilization to full gestation and childbirth;
(viii) "Reasonable medical judgment" means a medical
judgment that would be made or a medical action that would be
undertaken by a reasonably prudent, qualified physician who is
knowledgeable about the case and the treatment possibilities
with respect to the medical conditions involved;
(ix) "Surgical abortion" means an induced abortion
performed or attempted through use of a machine, medical device,
surgical instrument or surgical tool, or any combination
thereof, to terminate the clinically diagnosable pregnancy of a
woman with knowledge and the intent that the termination by
those means will cause, with reasonable likelihood, the death of
the unborn child;
(x) "Surgical abortion facility" means any facility
that provides a surgical abortion to a woman.
35-6-202. Surgical abortion facilities; licensure
requirement; prohibitions; penalties.
(a) Each surgical abortion facility other than a hospital
in Wyoming shall be licensed as an ambulatory surgical center in
accordance with W.S. 35-2-901 through 35-2-914 and the rules of
the department of health. Each surgical abortion facility
performing surgical abortions shall have a separate license.
(b) No surgical abortion facility shall provide surgical
abortions to any pregnant woman without first being licensed as
an ambulatory surgical center.
(c) Each surgical abortion facility shall comply with all
rules of the department of health concerning the operation and
regulation of ambulatory surgical centers. No license issued to
a surgical abortion facility shall be transferable or assignable
to any other person or facility.
(d) Each licensed physician performing at least one (1)
surgical abortion at a surgical abortion facility shall:
(i) Report each surgical abortion to the department
of health and attest in the report that the physician is
licensed and in good standing with the state board of medicine;
(ii) Submit documentation in a form and frequency
required by the department of health that demonstrates that the
licensed physician has admitting privileges at a hospital
located not more than ten (10) miles from the abortion facility
where the licensed physician is performing or will perform
surgical abortions.
(e) Any person who violates this section shall be guilty
of a misdemeanor punishable by a fine not to exceed one thousand
dollars ($1,000.00). Each calendar day in which a violation of
this section occurs or continues is a separate offense.
35-6-203. Abortion facilities; surgical abortions;
requirements; rulemaking.
(a) Any surgical abortion performed at a surgical abortion
facility in the state shall only be performed by a physician
licensed in the state of Wyoming.
(b) Any person who performs a surgical abortion in the
state in violation of subsection (a) of this section is guilty
of a felony punishable by imprisonment for not less than one (1)
year nor more than fourteen (14) years.
(c) No person shall perform a surgical abortion at a
surgical abortion facility in Wyoming who is not a licensed
physician with admitting privileges at a hospital located not
more than ten (10) miles from the abortion facility where the
surgical abortion is performed.
(d) Any person who violates subsection (c) of this section
shall be guilty of a misdemeanor punishable by a fine of one
thousand dollars ($1,000.00). For purposes of this subsection,
each surgical abortion shall constitute a separate offense of
subsection (c) of this section.
(e) The department of health shall promulgate rules
necessary to regulate surgical abortion facilities as ambulatory
surgical centers under W.S. 35-2-901 through 35-2-914. Rules
promulgated under this subsection shall:
(i) Not be less stringent than those rules applicable
to ambulatory surgical centers;
(ii) Provide for the physical inspection of surgical
abortion facilities by the department of health every three (3)
years.
35-6-204. Applicability; effect.
If any provision of this article conflicts with the Life is a
Human Right Act or W.S. 35-6-139, the provisions of the Life is
a Human Right Act and W.S. 35-6-139 shall control over this
article to the extent that the Life is a Human Right Act and
W.S. 35-6-139 are in effect.
ARTICLE 3 - REGULATION OF ABORTIONS
35-6-301. Chemical abortions; ultrasound requirement;
definitions; penalties.
(a) As used in this article:
(i) "Abortion" means the act of using or prescribing
any instrument, medicine, drug or any other substance, device or
means with the intent to terminate the pregnancy of a woman,
including the elimination of one (1) or more unborn babies in a
multifetal pregnancy, with knowledge that the termination by
those means will, with reasonable likelihood, cause the death of
the unborn baby. "Abortion" shall not include any use,
prescription or means specified in this paragraph if the use,
prescription or means are done with the intent to:
(A) Save the life or preserve the health of the
unborn baby;
(B) Remove a dead unborn baby caused by
spontaneous abortion or intrauterine fetal demise;
(C) Treat a woman for an ectopic pregnancy; or
(D) Treat a woman for cancer or another disease
that requires medical treatment which treatment may be fatal or
harmful to the unborn baby.
(ii) "Chemical abortion" means the use of any
medication, drug, substance or combination thereof that is
prescribed or administered for the purpose of terminating a
pregnancy once the pregnancy can be confirmed through
conventional medical testing;
(iii) "Health care provider" means a person licensed,
certified or authorized in a health care profession under title
33 of the Wyoming statutes;
(iv) "Pregnancy" or "pregnant" means the human female
reproductive condition of having a living unborn baby or human
being within a human female's body throughout the entire
embryonic and fetal stages of the unborn baby or human being
from fertilization, when a fertilized egg has implanted in the
wall of the uterus, to full gestation and childbirth.
(b) Not less than forty-eight (48) hours before a pregnant
woman procures the drugs or substances for a chemical abortion
or before a health care provider dispenses the drugs or
substances necessary for a chemical abortion, whichever is
earlier, the pregnant woman shall receive an ultrasound in order
to provide the pregnant woman the opportunity to view the active
ultrasound of the unborn baby and view the fetal heart motion or
hear the heartbeat of the unborn baby if the heartbeat is
audible.
(c) The ultrasound required under subsection (b) of this
section shall be of a quality consistent with standard medical
practice in the community.
(d) Upon providing an ultrasound under this section, the
provider of the ultrasound shall provide the pregnant woman with
a document that specifies:
(i) The date, time and place of the ultrasound;
(ii) The health care provider who ordered or
requested the ultrasound;
(iii) The health care provider who performed the
ultrasound;
(iv) Confirmation of intrauterine pregnancy and the
gestational age of the unborn baby.
(e) Before a health care provider dispenses the drugs or
substances necessary for a chemical abortion to a pregnant
woman, the health care provider shall verify that the ultrasound
required by this section occurred.
(f) Except as otherwise provided in this subsection, any
person who violates this section shall be guilty of a
misdemeanor punishable by imprisonment for not more than six (6)
months, a fine not to exceed nine thousand dollars ($9,000.00),
or both. Nothing in this section shall be construed to subject a
pregnant woman to any criminal penalty under this subsection.
35-6-302. Ultrasound requirement; conflict of laws;
applicability.
If any provision of this article conflicts with the Life is a
Human Right Act or W.S. 35-6-139, the provisions of the Life is
a Human Right Act and W.S. 35-6-139 shall control over this
article to the extent that the Life is a Human Right Act and
W.S. 35-6-139 are enforceable.
ARTICLE 4 - PROTECTION OF UNBORN CHILDREN WITH HEARTBEATS
35-6-401. Definitions.
(a) As used in this article:
(i) "Detectable fetal heartbeat" means cardiac
activity or the steady and repetitive rhythmic contraction of
the fetal heart within the gestational sac that is detectable
using standard medical equipment;
(ii) "Medical emergency" means a condition that, in
reasonable medical judgment, so complicates the medical
condition of the pregnant woman as to necessitate the immediate
termination of her pregnancy to avert the woman's death or for
which a delay will create a serious risk of substantial and
irreversible impairment of a major bodily function of the woman;
(iii) "Termination of pregnancy" means the use of any
instrument, medicine, drug or other substance or device with the
intent to terminate the pregnancy of a woman known to be
pregnant, with an intention other than to increase the
probability of a live birth, to preserve the life or health of
the child after live birth or to remove a dead unborn child.
35-6-402. Determination of detectable fetal heartbeat
required.
(a) Except in the case of a medical emergency, no person
shall perform, induce, attempt to perform or attempt to induce a
termination of a pregnancy unless the person has first made a
determination of whether the unborn child has a detectable fetal
heartbeat.
(b) The determination of whether an unborn child has a
detectable fetal heartbeat shall be made using standard medical
practices and techniques, including ultrasound measurement if
necessary.
35-6-403. Prohibition of terminations of unborn children
with detectable fetal heartbeats.
(a) Except as provided in subsection (b) of this section,
no person shall perform, induce, attempt to perform or attempt
to induce a termination of pregnancy if:
(i) The unborn child has a detectable fetal
heartbeat; or
(ii) The person fails or has failed to make the
determination of whether the unborn child has a detectable fetal
heartbeat under W.S. 35-6-402.
(b) The restriction in subsection (a) of this section
shall not apply if, in reasonable medical judgment, a medical
emergency exists. If a medical emergency exists, a licensed
physician may terminate the pregnancy, provided that the
termination of the pregnancy shall be in the manner that
provides the best opportunity for the unborn child to survive,
unless that manner would pose a greater risk of death or
substantial and irreversible physical impairment to the pregnant
woman.
35-6-404. Penalties; sanctions.
(a) Any person who intentionally or knowingly violates
this article 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.
(b) A violation of this article constitutes unprofessional
conduct and shall result in the mandatory revocation of the
person's professional license by the appropriate licensing board
in this state.
ARTICLE 5 - ABORTION REGULATIONS AND RESTRICTIONS
35-6-501. Definitions.
(a) As used in this article, unless the context otherwise
requires:
(i) "Abortion" means an act, procedure, device or
prescription administered to or prescribed for a pregnant woman
by any person with knowledge of the pregnancy, including the
pregnant woman herself, with the intent of producing the
premature expulsion, removal or termination of a human embryo or
fetus, except that in cases in which the viability of the embryo
or fetus is threatened by continuation of the pregnancy, early
delivery after viability by commonly accepted obstetrical
practices shall not be construed as an abortion;
(ii) "Accepted medical procedures" means procedures
of the type and performed in a manner and in a facility that is
equipped with surgical, anesthetic, resuscitation and laboratory
equipment sufficient to meet the standards of medical care that
physicians engaged in the same or similar lines of work in the
community would ordinarily exercise and devote to the benefit of
their patients;
(iii) "Conception" means the fecundation of the ovum
by the spermatozoa;
(iv) "Hospital" means those institutions licensed by
the state department of health as hospitals;
(v) "Minor" means a pregnant woman under the age of
eighteen (18), but does not include any woman who:
(A) Is legally married;
(B) Has received a declaration of emancipation
under W.S. 14-1-203;
(C) Is in active military service; or
(D) Has lived apart from her parents or
guardian, has been financially independent and has managed her
own affairs for at least six (6) months prior to a proposed
abortion.
(vi) "Parents" means both parents of a minor if they
are both living, or one (1) parent of the minor if only one (1)
parent of the minor is living or if the second parent does not
have custody of the minor or cannot be located through a
reasonably diligent effort;
(vii) "Physician" means any person licensed to
practice medicine in this state;
(viii) "Pregnant" means that condition of a woman who
has a human embryo or fetus within her as the result of
conception;
(ix) "Viability" means that state of human
development when the embryo or fetus is able to live by natural
or life-supportive systems outside the womb of the mother,
according to appropriate medical judgment;
(x) "Woman" means any female person.
(b) The singular, where used in this article, includes the
plural, the plural includes the singular and the masculine
gender includes the feminine or neuter genders, when consistent
with the intent of this article and when necessary to effectuate
its purpose.
35-6-502. No abortion after viability; exception.
An abortion shall not be performed after the embryo or fetus has
reached viability, except when necessary to preserve the woman
from an imminent peril that substantially endangers her life or
health, according to appropriate medical judgment.
35-6-503. Viability not affected by abortion.
A physician who performs an abortion procedure employed pursuant
to W.S. 35-6-502 shall not intentionally terminate the viability
of the unborn infant prior to, during or following the
procedure.
35-6-504. Means of treatment for viable abortion.
The commonly accepted means of care that would be rendered to
any other infant born alive shall be employed in the treatment
of any viable infant who survives an abortion or attempted
abortion. Any physician performing an abortion shall take
medically appropriate and reasonable steps to preserve the life
and health of an infant born alive.
35-6-505. Penalty for violation of W.S. 35-6-502, 35-6-503
or 35-6-504.
Any physician or other person who violates any provision of W.S.
35-6-502, 35-6-503 or 35-6-504 is guilty of a felony punishable
by imprisonment in the penitentiary for not more than fourteen
(14) years.
35-6-506. Penalty for a person other than a physician to
perform abortion.
Any person other than a licensed physician who performs an
abortion is guilty of a felony punishable by imprisonment in the
penitentiary for not less than one (1) year and not more than
fourteen (14) years.
35-6-507. Procedure governing abortion performed upon
minor.
(a) An abortion shall not be performed upon a minor unless
at least one (1) of the minor's parents or her guardian are
notified in writing at least forty-eight (48) hours before the
abortion, and the attending physician has obtained the written
consent of the minor and at least one (1) parent or guardian of
the minor, unless:
(i) The minor, in a closed hearing, is granted the
right to self-consent to an abortion by court order pursuant to
subparagraph (b)(v)(B) of this section and the attending
physician receives a certified copy of the court order and the
written consent of the minor; or
(ii) The abortion is authorized by court order
pursuant to subparagraph (b)(v)(C) of this section and the
attending physician receives a certified copy of the court
order.
(b) A juvenile court of competent jurisdiction may grant
the right of a minor to self-consent to an abortion or may
authorize an abortion upon a minor, in accordance with the
following procedure:
(i) The minor shall apply to the juvenile court for
assistance, either in person or through an adult of the minor's
choice. The court shall assist the minor in preparing the
petition and notices required under this section;
(ii) Notwithstanding W.S. 14-6-212, the minor or an
adult of the minor's choice shall file a petition with the
court, signed by the minor and setting forth:
(A) The initials of the minor and the minor's
date of birth;
(B) The names and addresses, if known, of the
minor's parents, guardian, custodian or, if the minor's parents
are deceased and a guardian or custodian has not been appointed,
any other person standing in loco parentis of the minor;
(C) That the minor has been informed by her
treating physician of the risks and consequences of an abortion;
(D) That the minor is mature and wishes to have
an abortion; and
(E) Facts indicating why an abortion is in the
best interest of the minor.
(iii) The court may appoint a guardian ad litem of
the minor and may appoint legal counsel for the minor;
(iv) Not later than five (5) days after the petition
is filed under paragraph (ii) of this subsection, a hearing on
the merits of the petition shall be held on the record. Any
appointed counsel shall be appointed and notified by the court
at least forty-eight (48) hours before the time set for the
hearing. At the hearing, the court shall hear evidence relating
to:
(A) The maturity and understanding of the minor;
(B) The nature of the abortion, risks and
consequences of the abortion and alternatives to the abortion;
and
(C) Whether an abortion is in the best interest
of the minor.
(v) In its order, which shall be issued not later
than twenty-four (24) hours from the conclusion of the hearing,
the court shall enter findings of fact and conclusions of law,
order the record of the hearing sealed and shall:
(A) Deny the petition, setting forth the grounds
on which the petition is denied;
(B) Grant the minor the right to self-consent to
the abortion, based upon a finding by clear and convincing
evidence that the minor is sufficiently mature and adequately
informed to make her own decision, in consultation with her
physician, independently of the wishes of her parent or
guardian; or
(C) Authorize the abortion based upon a finding
by clear and convincing evidence that the abortion is in the
best interest of the minor.
(vi) Any order entered under paragraph (v) of this
subsection may be appealed to the supreme court in accordance
with the Wyoming Rules of Appellate Procedure. Notwithstanding
W.S. 14-6-233, the supreme court shall, by rule, provide for
expedited appellate review of appeals under this paragraph.
(c) This section shall not apply in an emergency medical
situation when, to a reasonable degree of medical probability,
the attending physician determines that an abortion is necessary
to preserve the minor from an imminent peril that substantially
endangers her life, and so certifies in the minor's medical
record.
(d) The written notifications required under this section
shall be delivered:
(i) Personally by the minor, attending physician or
an agent; or
(ii) By certified mail addressed to the parent at the
usual place of abode of the parent with return receipt requested
and restricted delivery to the addressee.
(e) No parent, guardian or spouse shall require a minor to
submit to an abortion against her wishes.
(f) Any physician or other person who knowingly performs
an abortion on a minor in violation of this section is guilty of
a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000.00), imprisonment for not more than one (1)
year, or both.
35-6-508. Information provided to patient; exceptions.
(a) Except in a case of medical emergency, the physician
performing the abortion on the patient, the referring physician
or a person designated by either physician shall inform the
patient of the opportunity to view an active ultrasound of the
unborn child and hear the heartbeat of the unborn child if the
heartbeat is audible. The active ultrasound image and
auscultation of the fetal heart tone shall be of a quality
consistent with standard medical practice in the community.
(b) This section shall not apply to a procedure performed
with the intent to:
(i) Save the life of the patient;
(ii) Ameliorate a serious risk of causing the patient
substantial and irreversible impairment of a major bodily
function;
(iii) Preserve the health of the unborn child;
(iv) Remove a dead unborn child; or
(v) Remove an ectopic pregnancy.
35-6-509. Applicability; intent.
(a) It is the intent of the legislature that, subject to
W.S. 35-6-510:
(i) The abortion regulations that existed in Wyoming
before the United States supreme court's decision in Dobbs v.
Jackson Women's Health Organization, 597 U.S. 2015 (2022) be in
effect;
(ii) In light of the Wyoming supreme court's decision
in State v. Johnson, 2026 WY 1, the abortion regulations that
existed before the enactment of the Life is a Human Right Act be
in effect so that abortion in Wyoming is regulated as it was
before the United States Supreme Court's decision in Dobbs and
the enactment of the Life is a Human Right Act and any
subsequent enacted law regulating abortion in the state.
35-6-510. Whether article is effective.
(a) This article shall be effective only if a court has
enjoined the enforcement or applicability of W.S. 35-6-401
through 35-6-404 or has held that W.S. 35-6-401 through 35-6-404
violates the Wyoming constitution or the United States
constitution.
(b) The attorney general shall review the decisions of any
court that challenges W.S. 35-6-401 through 35-6-404 to
determine whether W.S. 35-6-401 through 35-6-404 are
enforceable. If the attorney general determines that W.S. 35-6-
401 through 35-6-404 are not enforceable or cannot take effect,
the attorney general shall, within thirty (30) days of the date
of the decision, report that fact to the governor, the joint
judiciary interim committee and the governor, who may certify
the effectiveness of this article to the secretary of state.
(c) After receiving certification from the governor that
this article is effective, the secretary of state shall report
that fact to the management council of the legislature, the
joint judiciary interim committee and the Wyoming state board of
medicine and shall immediately publish the effective date of
this article on the website of the secretary of state, which
effective date shall be five (5) days after the secretary of
state receives certification under subsection (b) of this
section.
(d) To the extent that W.S. 35-6-401 through 35-6-404 are
enjoined but later determined to be legal, constitutional or
enforceable after this article has taken effect, the provisions
of W.S. 35-6-401 through 35-6-404 shall control and take
precedence over this article.
CHAPTER 7 - FOOD AND DRUGS
ARTICLE 1 - IN GENERAL
35-7-101. Repealed by Laws 1987, ch. 173, § 4.
35-7-102. Repealed by Laws 1987, ch. 173, § 4.
35-7-103. Repealed by Laws 1987, ch. 173, § 4.
35-7-104. Repealed by Laws 1987, ch. 173, § 4.
35-7-105. Repealed by Laws 1987, ch. 173, § 4.
35-7-106. Repealed by Laws 1987, ch. 173, § 4.
35-7-107. Repealed by Laws 1987, ch. 173, § 4.
35-7-108. Repealed by Laws 1987, ch. 173, § 4.
35-7-109. Short title.
This act may be cited as the "Wyoming Food, Drug and Cosmetic
Safety Act".
35-7-110. Definitions.
(a) As used in this act:
(i) "Advertisement" means all representations
disseminated in any manner or by any means, other than by
labeling, for the purpose of inducing the purchase of food,
drugs, devices or cosmetics;
(ii) "Color" includes black, white and intermediate
grays;
(iii) "Color additive" means a material, other than a
material exempt under the federal act, which:
(A) Is a dye, pigment or other substance from a
vegetable, animal, mineral or other source; or
(B) When added or applied to a food, drug or
cosmetic, or to the human body or any part thereof, is capable
(alone or through reaction with other substance) of imparting
color thereto.
(iv) "Consumer commodity" means any food, drug,
device or cosmetic as those terms are defined by this act or by
the federal act;
(v) "Cosmetic" means articles other than soap which
are:
(A) Intended to be rubbed, poured, sprinkled or
sprayed on, introduced into, or otherwise applied to the human
body or any part thereof for cleansing, beautifying, promoting
attractiveness or altering the appearance; and
(B) Intended for use as a component of any
articles under subparagraph (A) of this paragraph.
(vi) "Counterfeit drug" means a drug which, or the
container or labeling of which, without authorization, bears the
trademark, trade name or other identifying mark, imprint or
device, or any likeness therefor, of a drug manufacturer,
processor, packer or distributor other than the person who in
fact manufactured, processed, packed or distributed the drug and
which thereby falsely purports or is represented to be the
product of, or to have been packed or distributed by, the other
drug manufacturer, processor, packer or distributor;
(vii) "Department" means the department of
agriculture;
(viii) "Device" means instruments, apparatus and
contrivances, including their components, parts and accessories,
intended:
(A) For use in the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals; or
(B) To affect the structure or any function of
the body of man or other animals.
(ix) "Director" means the director of the Wyoming
department of agriculture or his duly authorized representative;
(x) "Drug" means:
(A) Articles recognized in the official United
States pharmacopoeia, official homeopathic pharmacopoeia of the
United States, official national formulary or any supplement to
any of them; and
(B) Articles intended for use in the diagnosis,
cure, mitigation, treatment or prevention of disease in man or
other animals; and
(C) Articles (other than food) intended to
affect the structure or any function of the body of man or other
animals; and
(D) Articles intended for use as a component of
any article specified in subparagraph (A), (B) or (C) of this
paragraph but does not include devices or their components,
parts or accessories.
(xi) "Establishment" means and includes any place or
any area of any establishment in which foods, drugs, devices and
cosmetics are displayed for sale, manufactured, processed,
packed, held or stored. "Establishment" does not include a home
kitchen where food is prepared and stored for family
consumption, or any other place equipped for the preparation,
consumption and storage of food on the premise by employees or
nonpaying guests;
(xii) "Federal act" means the Federal Food, Drug, and
Cosmetic Act, as amended, (Title 21 U.S.C. § 301 et seq.) and
regulations promulgated under the act;
(xiii) "Food" means:
(A) Articles used for food or drink for humans
including meat and ice intended for human consumption;
(B) Chewing gum;
(C) Beverages subject to the Federal Alcohol
Administration Act, as amended, (Title 27 U.S.C. § 201 et seq.);
(D) Articles used for components of any article
under subparagraphs (A), (B) and (C) of this paragraph.
(xiv) "Food additive" means any substance the
intended use of which results or may be reasonably expected to
result, directly or indirectly, in its becoming a component or
otherwise affecting the characteristics of any food within the
meaning of the federal act;
(xv) An "imitation food" is any food which is in
physical characteristics such as taste, flavor, color, texture
or appearance which resembles or purports to be or is
represented as a food for which a definition and standard of
identity has been prescribed and does not conform to such
standard;
(xvi) "Immediate container" does not include package
liners;
(xvii) "Label" means a display of written, printed or
graphic matter upon the immediate container of any article. A
requirement made by or under this act that any word, statement
or other information appear on the label shall not be considered
to be complied with unless the word, statement or other
information also appears on the outside container or wrapper, if
there is any, of the retail package of the article, or is easily
legible through the outside container or wrapper;
(xviii) "Labeling" means all labels and other
written, printed or graphic matter upon an article or any of its
containers or wrappers, or accompanying the article;
(xix) "Local board of health" means a county or city
board of health established pursuant to W.S. 35-1-301 et seq.;
(xx) "Local health department" means a health
department established by a county, municipality or district
pursuant to W.S. 35-1-301 et seq.;
(xxi) "New drug" means any drug considered to be a
new drug under the federal act;
(xxii) "Official compendium" means the official
United States pharmacopoeia, official homeopathic pharmacopoeia
of the United States, official national formulary or any
supplement to any of them;
(xxiii) "Package" means any container or wrapping in
which any consumer commodity is enclosed for use in the delivery
or display of that consumer commodity to retail purchasers as
interpreted by the federal act;
(xxiv) "Pesticide chemical" means any substance
which, alone, in chemical combination, or in formulation with
one (1) or more other substances is an "economic poison" within
the meaning of the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. §§ 136 through 136y) which is used in
the production, storage or transportation of raw agricultural
commodities;
(xxv) "Principal display panel" means that part of a
label that is most likely to be displayed, presented, shown or
examined under normal and customary conditions of display for
retail sale;
(xxvi) "Raw agricultural commodity" means any food in
its raw or natural state, including all fruits that are washed,
colored or otherwise treated in their unpeeled natural form
prior to marketing;
(xxvii) "Regulatory authority" means the authority
which issued the license or promulgated the rule or regulation
being enforced including the department of agriculture or local
health department;
(xxviii) "Farmers market" means a common facility or
area where several vendors may gather on a regular, recurring
basis to sell a variety of fresh fruits and vegetables, locally
grown farm products and other items directly to consumers;
(xxix) "Function" means any official ceremony or
organized social occasion;
(xxx) "Not potentially hazardous food" means any food
which does not require time or temperature control for safety to
limit pathogenic microorganism growth or toxin formation. The
natural pH or the final pH of acidified food must be 4.6 or
less;
(xxxi) "Commercial food establishment" means and
includes any place or any area of any establishment that is a
wholesale or retail business where foods, drugs, devices and
cosmetics are displayed for sale, manufactured, processed,
packed, held or stored. "Commercial food establishment" shall
not include:
(A) Any farmers market;
(B) Any producer or informed consumer engaged in
transactions pursuant to W.S. 11-49-103; or
(C) Any retail space selling homemade food that
is separate from a commercial food establishment in accordance
with rules and regulations adopted by the department pursuant to
W.S. 11-49-103(d).
(xxxii) "This act" means W.S. 35-7-109 through 35-7-
126.
35-7-111. Prohibited acts.
(a) No person shall:
(i) Violate this act or any rules promulgated under
it;
(ii) Introduce or deliver for introduction into
commerce of any food, drug, device or cosmetic that is
adulterated or misbranded;
(iii) Adulterate or misbrand any food, drug, device
or cosmetic in commerce;
(iv) Knowingly receive in commerce of any food, drug,
device or cosmetic that is adulterated or misbranded;
(v) Refuse to permit entry, inspection or access to
records as authorized by this act;
(vi) Manufacture any food, drug, device or cosmetic
that is adulterated or misbranded;
(vii) Give a false guaranty or undertaking under this
act except by a person who relied upon a guaranty or undertaking
to the same effect signed by, and containing the name and
address of, the person residing in the United States from whom
he received in good faith the food, drug, device or cosmetic;
(viii) Forge, counterfeit or without proper authority
use any mark, stamp, tag, label or other identification device
authorized or required by regulations promulgated under this
act;
(ix) Make, sell or possess any punch, die, plate,
stone, or other thing designed to print, imprint or reproduce
the trademark, trade name or other identifying mark, imprint or
device of another or any likeness of any of the foregoing upon
any drug or container or labeling thereof so as to render such
drugs a counterfeit drug;
(x) Alter, mutilate, destroy, obliterate or remove
any part of the labeling of, or the doing of any other act with
respect to a food, drug, device or cosmetic, if done while the
article is held for sale (whether or not the first sale) after
shipment in commerce and which results in the article being
adulterated or misbranded;
(xi) Repealed By Laws 2000, Ch. 37, § 4.
(xii) Use in labeling, advertising or other sales
promotion of any reference to any report or analysis furnished
by the director in compliance with this act;
(xiii) Include the term "meat" or any synonymous term
for meat or a specific animal species in labeling, advertising
or other sales promotion unless the product:
(A) Is consistent with the definition of meat in
W.S. 35-7-119(e)(vi)(A); and
(B) Is derived from harvested livestock,
poultry, wildlife or exotic livestock as those terms are defined
in W.S. 11-26-101(a), 11-32-101(a)(iv), 23-1-101(a)(xiii) and
23-1-102(a)(xvi).
(b) No person shall remove or dispose of a detained or
embargoed article in violation of W.S. 35-7-114.
(c) In determining whether labeling or an advertisement is
misleading under this act, the following shall be considered:
(i) Representations made or suggested by statement,
word, design, device, sound or in any combination thereof;
(ii) The extent to which the labeling or
advertisement fails to reveal facts material in the light of the
representations or facts material with respect to consequences
which may result from the use of the article to which the
labeling or advertisement relates under the conditions of use
prescribed in the labeling or advertisement or under conditions
of use as are customary or usual.
35-7-112. Cease operations order; injunction proceedings.
(a) If the director or the director of the department of
health pursuant to W.S. 35-7-123(b)(vi) has probable cause to
believe that an imminent hazard to the public health exists from
a violation of this act, he may order any person to immediately
cease the practice believed to be a violation and shall provide
the person an opportunity for a hearing pursuant to the Wyoming
Administrative Procedure Act within ten (10) days after issuing
the order.
(b) In addition to any other remedies, the director may
apply to the district court for injunctive relief from any
person who violates W.S. 35-7-111.
35-7-113. Penalties and guaranty.
(a) Any person who knowingly and intentionally violates
W.S. 35-7-111 is guilty of a misdemeanor punishable by
imprisonment for not more than six (6) months, a fine of not
more than seven hundred fifty dollars ($750.00), or both. Upon a
subsequent conviction under W.S. 35-7-111, the person may be
punished by imprisonment for not more than one (1) year, a fine
of not more than one thousand five hundred dollars ($1,500.00),
or both.
(b) No person may be convicted under W.S. 35-7-111 if he
established a guaranty or undertaking signed by, and containing
the name and address of, the person from whom he received the
article in good faith, to the effect that the article is not
adulterated or misbranded within the meaning of this act and if
he furnishes on request of the director the name and address of
the person from whom he purchased or received the article in
good faith and copies of all documents pertaining to the
delivery of the article to him.
(c) No publisher, radio-broadcast licensee, or agency or
medium for the dissemination of an advertisement, except the
manufacturer, packer, distributor or seller of the article to
which a false advertisement relates, may be punished under W.S.
35-7-111 for the dissemination of the false advertisement.
35-7-114. Embargo.
(a) If the director has probable cause to believe that any
food, drug, device, cosmetic or consumer commodity is
adulterated or so misbranded as to be dangerous or fraudulent,
within the meaning of this act, he shall affix a tag or other
appropriate marking to the article giving notice that the
article is or is suspected of being adulterated or misbranded
and has been embargoed. The director shall release all other
articles.
(b) If the director finds an article embargoed under
subsection (a) of this section to be adulterated or misbranded,
the director may immediately petition the district court for
the county in which the article is embargoed to condemn the
article, otherwise the tag or other marking shall be removed by
the director or his agent.
(c) If the court finds that an embargoed article is
adulterated or misbranded, the article, after entry of the
decree, shall be destroyed at the owner's expense, under the
supervision of the director or his agent. All court costs and
fees, transportation costs, and storage and other proper
expenses, shall be taxed against the owner of the article or his
agent unless the adulteration or misbranding can be corrected by
proper labeling or processing of the article. If so, the court,
after entry of the decree and after costs, fees and expenses
have been paid and a good and sufficient bond, conditioned that
the article shall be correctly labeled or processed, has been
executed, may by order direct delivery of the article to the
owner for labeling or processing under the supervision of the
director. The expense of supervision shall be paid by the
owner. The article shall be returned to the owner and the bond
shall be discharged on the representation to the court by the
director that the article is no longer in violation of this act
and that the expenses of supervision have been paid. Nothing in
this section prevents the director from authorizing the owner of
an adulterated or misbranded article from destroying it as the
director prescribes.
35-7-115. Food; definitions and standards.
(a) Definitions and standards of identity, quality and
fill of container under the federal act or its regulations are
the definitions and standards of identity, quality and fill of
container in this state. However, when the action will promote
honesty and fair dealing in the interest of consumers, the
director may promulgate regulations establishing definitions and
standards of identity, quality and fill of container for foods
where no federal regulations exist. In addition, the director
may promulgate amendments to any federal or state regulations
which set definitions and standards of identity, and may
promulgate amendments to any federal or state regulations which
set standards of quality and fill of container for foods.
(b) Temporary permits now or hereafter granted for
interstate shipment of experimental packs of food under the
federal act are automatically effective in this state.
35-7-116. Food, drugs and cosmetics; adulteration and
misbranding.
A food, cosmetic or a drug or device is adulterated if it is
adulterated under the federal act. A food, cosmetic or a drug
or device is misbranded if it is misbranded under the federal
act.
35-7-117. Food; tolerances for added poisonous
ingredients.
Any added poisonous or deleterious substance, any food additive,
any pesticide chemical in or on a raw agricultural commodity or
any color additive, is unsafe with respect to any particular use
or intended use if it is deemed unsafe under section 406 of the
federal act.
35-7-118. New drugs.
(a) No person shall sell, offer for sale, hold for sale or
give away any new drug unless an application with respect
thereto has been approved and the approval has not been
withdrawn under section 505 of the federal act.
(b) This section does not apply to a drug intended solely
for investigational use by physicians pursuant to W.S.
35-7-1802(a)(i)(C).
35-7-119. Fair packaging and labeling provisions.
(a) All labels of consumer commodities, as defined by this
act, shall conform with the requirements for the declaration of
net quantity of contents of section 4 of the Fair Packaging and
Labeling Act (15 U.S.C. § 1451, et seq.) and the regulations
promulgated pursuant thereto as of the effective date of this
act. Consumer commodities exempted from the requirements of
section 4 of the Fair Packaging and Labeling Act are also exempt
from this subsection.
(b) The label of any package of a consumer commodity which
bears a representation as to the number of servings of the
commodity contained in the package shall bear a statement of the
net quantity (in terms of weight, measure or numerical count) of
each serving.
(c) No person shall distribute or cause to be distributed
in commerce any packaged consumer commodity if any qualifying
words or phrases appear in conjunction with the separate
statement of the net quantity of contents required by subsection
(a) of this section, but nothing in this section prohibits
supplemental statements, at other places on the package,
describing in nondeceptive terms the net quantity of contents.
Supplemental statements of net quantity of contents shall not
include any term qualifying a unit of weight, measure or count
that tends to exaggerate the amount of the commodity contained
in the package.
(d) If the director determines that regulations containing
prohibitions or requirements other than those prescribed by
subsection (a) of this section are necessary to prevent the
deception of consumer or to facilitate value comparisons as to
any consumer commodity, the director shall promulgate rules and
regulations with respect to that commodity.
(e) The department shall promulgate rules with respect to
labeling. Every retailer and every wholesaler who sells or
offers for sale in this state through an establishment or
otherwise any:
(i) Meat that is the product of any country foreign
to the United States, shall clearly label the meat as
"imported," naming the country of its origin;
(ii) Cell cultured or plant based products not
consistent with the definition of meat in subparagraph (vi)(A)
of this subsection and not derived from harvested livestock,
poultry, wildlife or exotic livestock as those terms are defined
in W.S. 11-26-101(a), 11-32-101(a)(iv), 23-1-101(a)(xiii) and
23-1-102(a)(xvi), shall clearly label cell cultured products as
"containing cell cultured product" and clearly label plant based
products as "vegetarian", "veggie", "vegan", "plant based" or
other similar term indicating that the product is plant based;
(iii) Only beef that is derived from cattle born,
raised, slaughtered and processed in the United States may
clearly be labeled as a product of the United States of America;
(iv) Only beef that is derived from cattle born and
raised in the state of Wyoming may clearly be labeled as a
product of Wyoming;
(v) Beef that is of undeterminable origin or that has
not been born, raised, slaughtered and processed in the United
States of America shall not be labeled as a product of the
United States of America;
(vi) As used in this subsection:
(A) "Meat" means the edible part of the muscle
of animals, which is skeletal or which is found in the tongue,
in the diaphragm, in the heart or in the esophagus, with or
without the accompanying or overlying fat, and the portions of
bone, skin, sinew, nerve and blood vessels which normally
accompany the muscle tissue and which are not separated from it
in the process of dressing, but shall not include the muscle
found in the lips, snout or ears, nor any edible part of the
muscle which has been manufactured, cured, smoked, cooked or
processed;
(B) "Retailer" means a person regularly engaged
in the business of selling meat at retail to the public, and
selling only to the user or consumer and not for resale;
(C) "Wholesaler" means a person regularly
engaged in the business of selling meat at wholesale to
retailers for subsequent sale at retail to the public;
(D) "Beef" means any meat from cattle, including
veal.
(f) Subsections (a) and (c) of this section shall not
apply to the preparation, service, use, consumption or storage
of foods at a traditional event or activity pursuant to W.S.
35-7-1703. The definitions in W.S. 35-7-1702 shall apply to
this subsection.
35-7-120. Regulations.
(a) The director may promulgate regulations necessary for
the efficient enforcement of this act.
(b) The director may promulgate regulations necessary to
ensure that appropriate sanitary conditions and water quality
standards are met by any person engaged in the distribution of
bulk quantities of water for sale for human consumption.
35-7-121. Inspections; examinations.
(a) For purposes of enforcement of this act, the director
or a local health department official may, upon presenting
appropriate credentials to the owner, operator or agent in
charge:
(i) Enter at reasonable time any factory, warehouse
or establishment in which food, drugs, devices or cosmetics are
manufactured, processed or packed or held for introduction into
commerce or after introduction or to enter any vehicle being
used to transport or hold the food, drugs, devices or cosmetics
in commerce; and
(ii) Inspect at any reasonable times and within
reasonable limits and in a reasonable manner any factory,
warehouse, establishment or vehicle and all pertinent equipment,
finished and unfinished materials, containers and labeling
therein, and to obtain samples necessary to the enforcement of
this act, except that paragraph (i) of this subsection and this
paragraph do not permit the director to inspect any
establishment solely because it holds prepackaged food, drugs or
cosmetics for retail sale by that establishment. The frequency
of inspections shall be based on the relative food safety risk
that the factory, warehouse, establishment or vehicle presents
to the public, with no such facility receiving less than one (1)
inspection per year;
(iii) Have access to and to copy all records of
carriers in commerce showing the movement in commerce of any
food, drugs, devices or cosmetics, or holding thereof during or
after movement, and the quantity, shipper and consignee thereof.
(b) Upon completion of any inspection under this section
but before leaving the premises, the director shall give to the
owner, operator or agent in charge a report in writing setting
forth any conditions or practices observed by him which in his
judgment indicate that any food, drug, device or cosmetic in the
establishment:
(i) Consists in whole or in part of any filthy,
putrid or decomposed substance; or
(ii) Have been prepared, packed or held under
unsanitary conditions whereby it may have become contaminated
with filth or whereby it may have been rendered injurious to
health. A copy of the report shall be sent promptly to the
director.
(c) If the director obtains any sample during an
inspection under this section, he shall give to the owner,
operator or agent in charge a receipt describing the samples
obtained before leaving the premises.
(d) If the director obtains a sample of any food during an
inspection under this section and an analysis is made of the
sample, a copy of the results of the analysis shall be furnished
promptly to the owner, operator or agent in charge.
(e) Repealed By Laws 2000, Ch. 37, § 4.
(f) Any person conducting an inspection of an
establishment for the department or any local health department
shall demonstrate their qualifications by being a Wyoming or
nationally registered environmental health specialist or
sanitarian, a registered food safety specialist or hold an in-
training status and be working toward registration, be
standardized by the federal food and drug administration or meet
qualifications set forth by the director. Only a registered
environmental health specialist or a registered food safety
specialist shall be authorized to recommend the summary
suspension of an establishment license by a regulatory authority
pursuant to W.S. 35-7-125.
(g) Any inspector hired by a regulatory authority prior to
July 1, 2000, shall have two (2) years from July 1, 2000 to meet
the qualifications set forth in subsection (f) of this section.
Any inspector hired by a regulatory authority after July 1,
2000, shall have one (1) year to meet the qualifications set
forth in subsection (f) of this section.
(h) Subsection (a) of this section shall not apply to food
prepared for, served, consumed, stored or sold at a traditional
event or activity pursuant to W.S. 35-7-1703. The definitions
in W.S. 35-7-1702 shall apply to this subsection.
35-7-122. Publicity.
(a) The director may cause to be published from time to
time reports summarizing all judgments, decrees and court orders
which have been rendered under this act, including the nature of
the charge and the disposition thereof.
(b) The director may also cause to be disseminated any
information regarding food, drugs, devices and cosmetics as the
director deems necessary in the interest of public health and
the protection of the consumer against fraud. Nothing in this
section prohibits the director from collecting, reporting and
illustrating the results of his investigations, except that the
director shall not disclose any information acquired under this
act such as customer lists, manufacturing volumes and
information concerning any method or process which as a trade
secret is entitled to protection.
35-7-123. Establishment of food safety system.
(a) The director of the department of agriculture shall
establish and maintain a food safety program located within the
department. The director shall carry out the provisions of the
food safety program and shall be assisted by the director of the
department of health. A local department of health, if
established according to law, may establish and maintain its own
local food safety program so long as the program meets the
requirements of this act. The director of the department of
agriculture or his designee shall:
(i) Gather food safety information and disseminate
the information to the public, food industry and to local
departments of health with a food safety program;
(ii) On a voluntary basis, provide food safety
training for the food industry in this state, work with other
state, local and federal agencies to coordinate food safety
educational efforts;
(iii) Regulate the safety of foods and work together
with the department of health to promulgate rules and
regulations necessary to carry out the provisions of this act,
except that the director of the department of agriculture shall
not promulgate any rules which impose standards or requirements
related to meat processing which are more stringent than federal
law, rules or regulations. In any area which does not have a
local food safety program established pursuant to law, the
department shall issue licenses, conduct inspections, hold
hearings to enforce any legal provision or rule promulgated
under this act;
(iv) Maintain a statewide database of food licenses
and inspection results;
(v) Work with federal, state and local agencies to
coordinate food safety efforts and activities, and coordinate
with all other agencies to maintain consistency in inspection
and enforcement activities;
(vi) Establish food safety priorities for this state
based on risk and information provided by the department of
health;
(vii) Provide laboratory support for the analysis of
routine food and water samples used to support inspection
activities and to monitor safety;
(viii) Report each year to the department of health
on how the food safety activities have addressed the
epidemiological data provided by the department of health;
(ix) Assist the department of health, or any local
jurisdiction, when requested to investigate possible food borne
and water related illness;
(x) Establish and maintain a meat inspection program
for this state. However, nothing in this act shall be construed
to grant authority in the director of the department of
agriculture or his designee for the inspection or regulation of
live animal production or the processing and storage of meat by
a producer of live animals for nonprofit consumption.
(b) The director of the department of health or his
designee shall:
(i) Carry out the surveillance of food borne illness
with assistance from the department of agriculture and report
each year to the department of agriculture and local
jurisdictions on the leading causes of food borne illness;
(ii) Participate with the department of agriculture
in a joint food safety rulemaking process;
(iii) Ensure the department of health is the lead
agency for the investigation of possible food borne illness and
outbreaks and to request assistance from the department of
agriculture and local jurisdictions as determined to be
necessary by the department of health;
(iv) Provide laboratory support for and conduct
analysis of samples connected with disease outbreak
investigations;
(v) Provide support for local food safety programs as
authorized by the legislature;
(vi) Take appropriate action against any person
holding a food license for the purpose of protecting the public
health and preventing the transmission of infectious disease;
(vii) Provide consultation and advice on food borne
illness to local jurisdictions and to the department of
agriculture as requested.
(c) Duties of a local board of health shall include:
(i) Issuing licenses, conducting inspections, holding
hearings and taking enforcement actions as necessary to carry
out the provisions of the food safety program;
(ii) Promulgating rules containing provisions for
inspections which may differ from state food safety regulations
promulgated under this act so long as direct food safety and
disease transmission requirements including cooking
temperatures, hot and cold holding temperatures, reheating times
and temperatures, cooling times and temperatures, and such other
requirements as determined by the department of agriculture, do
not differ;
(iii) Coordinating activities with the department of
agriculture in order to provide for statewide consistency;
(iv) Providing the department of agriculture with a
quarterly report providing information on any food licenses
issued and the results of any food inspections;
(v) Reporting to the department of health any food
borne outbreak of illness and assist the department of health in
any outbreak investigations, if requested.
(d) A local jurisdiction may provide laboratory support
for food safety and drinking water inspection and accompanying
monitoring activities.
35-7-124. License required; exemptions; electronic
transmittals.
(a) Any person processing, distributing, storing or
preparing any food for sale shall obtain a license from the
department of agriculture or a local health department. The
license is not transferable, shall be renewed on an annual basis
and shall be prominently displayed in the establishment. No food
establishment shall serve, hold for sale or sell food to the
public without a valid license. An agricultural producer shall
be exempt from the licensure requirement in this section for
processing, distributing, storing or sale of any raw
agricultural commodity he produces.
(b) Written application for a new license shall be made on
a form approved by the department of agriculture and provided by
the department of agriculture or the local health department and
shall be signed by the applicant. License requirements and fees
for temporary food events operated by nonprofit organizations
shall be waived. Licenses shall expire one (1) year after the
date of issuance unless suspended or revoked. Licenses may be
renewed each year upon application to the department or local
health department. The director shall establish license
categories and fees by rule and no fee shall exceed one hundred
dollars ($100.00), except that the following fees shall be as
specified:
(i) Food license . . . . . . . . . . . $200.00;
(ii) Food license annual renewal . . . $100.00;
(iii) Temporary food establishment license . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . $50.00.
(c) Fifty percent (50%) of the fees collected pursuant to
paragraphs (b)(i) through (iii) of this section shall be
credited to the general fund. The remainder of any fees
collected under this section shall be distributed as follows:
(i) In any county, city or district without a local
health department established pursuant to W.S. 35-1-301 et seq.,
the department of agriculture shall receive ninety percent (90%)
of the amount of the fee collected and the department of health
shall receive ten percent (10%). The revenues shall be deposited
into a special account and shall be used to defer the cost
associated with the food safety program;
(ii) In any county, city or district with a local
health department established pursuant to W.S. 35-1-301 et seq.,
the local health department shall receive eighty-five percent
(85%) of the amount of the fee collected, the department of
agriculture shall receive ten percent (10%) and the department
of health shall receive five percent (5%). The revenues shall be
deposited into a special account and shall be used to defer the
cost associated with the food safety program.
(d) Before approving an application, the department of
agriculture or the local health department shall determine that
the establishment is in compliance with this act and any
regulations promulgated hereunder.
(e) The provisions of subsection (a) of this section shall
not apply to food operators or kitchens in private homes that
prepare food that is not potentially hazardous and prepared for
sale or use at farmers' markets, roadside stands, private homes
and at functions including, but not limited to those operated by
not for profit charitable or religious organizations.
(f) The director may allow the permitting, registration,
licensing, testing, inspection and reporting requirements of
this chapter to be conducted electronically as provided by the
Uniform Electronic Transaction Act, W.S. 40-21-101 through
40-21-119 and any applicable federal electronic requirements.
(g) Subsection (a) of this section shall not apply to food
prepared for, served, consumed, stored or sold at a traditional
event or activity pursuant to W.S. 35-7-1703. The definitions
in W.S. 35-7-1702 shall apply to this subsection.
(h) The provisions of subsection (a) of this section shall
not apply to a producer selling food directly to the informed
end consumer at a farmers market or through ranch, farm or home
based sales pursuant to W.S. 11-49-103. The definitions in W.S.
11-49-102 shall apply to this subsection.
(j) The provisions of subsection (a) of this section shall
not apply to homemade beverages provided at an event held
pursuant to W.S. 12-10-102.
35-7-125. Summary suspension of a license.
(a) A regulatory authority may summarily suspend a license
to operate a food establishment if it determines through
consultation with a health officer, inspection, examination of
food, employees, records or other authorized means that an
imminent health hazard exists including, but not limited to,
fire, flood, extended interruption of electrical or water
service, or sewage backup.
(b) The regulatory authority may summarily suspend a
person's license by providing written notice of the summary
suspension to the license holder or person in charge, without
prior warning, notice of a hearing or a hearing.
(c) The regulatory authority shall conduct an inspection
of the establishment or food processing plant for which the
license was summarily suspended within forty-eight (48) hours
after receiving notice from the license holder stating that the
conditions cited in the summary suspension order no longer
exist.
(d) A summary suspension shall remain in effect until the
conditions cited in the notice of suspension no longer exist and
the elimination of the conditions has been confirmed by the
regulatory authority through inspection or other means as
appropriate. A suspended license shall be reinstated immediately
if the regulatory authority determines that the imminent health
hazard no longer exists. A notice of reinstatement shall be
provided to the license holder or person in charge of the
establishment.
(e) Temporary food events where no admission fee is
charged and where no fee is charged for food shall not be
subject to the license suspension provisions of this section.
35-7-126. License revocation.
(a) The regulatory authority may initiate revocation
proceedings for an establishment license:
(i) Repealed By Laws 2003, Ch. 38, § 2.
(ii) Repealed By Laws 2003, Ch. 38, § 2.
(iii) Repealed By Laws 2003, Ch. 38, § 2.
(iv) For failure to correct conditions for which a
summary suspension was issued;
(v) For failure to correct critical violations from
routine inspections;
(vi) For multiple critical violations on multiple
occasions;
(vii) For a refusal to grant access pursuant to W.S.
35-7-121.
(b) The regulatory authority shall issue notice of a
hearing to the license holder. The notice and the hearing shall
be governed by the provisions of the Wyoming Administrative
Procedure Act, W.S. 16-3-101 et seq.
(c) Upon completion of the hearing and consideration of
the record, the regulatory authority shall issue an order which
shall include findings of fact and conclusions of law.
(d) The decision of the regulatory authority may be
appealed to the district court pursuant to the Wyoming
Administrative Procedure Act, W.S. 16-3-101 et seq.
35-7-127. Repealed by Laws 2022, ch. 55, § 2.
ARTICLE 2 - STATE CHEMIST
35-7-201. Under direction of department of agriculture;
appointment; duties generally; salary and expenses; fee for
analysis.
(a) The office of state chemist heretofore created by the
legislature is hereby transferred with all present and existing
appropriations and all property under its control to the state
department of agriculture of Wyoming, and shall hereafter be
under the direction and supervision of said department. The
state chemist shall be appointed by the state board of
agriculture with the approval of the Wyoming personnel division
and his salary shall be determined and fixed by the Wyoming
personnel division to be paid by the state of Wyoming out of any
money not otherwise appropriated, the same to be paid by the
state auditor in the manner provided for the payment of other
accounts against the state, and he shall receive no other
salary.
(b) It shall be the duty of the state chemist to make or
cause to be made, analysis of such foods, drugs, drinks,
gasoline, illuminating oils or other materials relative to the
enforcement of this article, as shall be submitted to him or
shall be deemed advisable for such analysis, and make a full and
complete written report of the same, and when so requested, it
shall be his duty to testify in court. He shall receive his
necessary traveling expenses as paid to other state employees as
allowed by law, to be paid by the state of Wyoming when employed
in performing the duties of his office.
(c) Any person, firm, corporation or association, with the
exception of cities, counties and state regulatory agencies, who
shall submit any article or commodity for analysis or
examination shall remit such fee as may be established for the
purpose of making this service available to the general public
at a reasonable cost, but which fee shall be comparable to that
charged for the same service by commercial laboratories
operating within the state. Accounting shall be made of all fees
so received by the state chemist and shall be paid into the
general fund.
(d) The state chemist may allow the testing, inspection
and reporting requirements of this article to be conducted
electronically as provided by the Uniform Electronic Transaction
Act, W.S. 40-21-101 through 40-21-119 and any applicable federal
electronic requirements.
35-7-202. Employment of assistant and second assistant
chemists; salaries; location of office; duties generally.
The state chemist by and with the approval of the state board of
agriculture is hereby authorized to employ an assistant to the
state chemist and a second assistant to the state chemist who
shall receive salaries to be determined and fixed by the Wyoming
personnel division; the salaries to be paid by the state of
Wyoming out of any moneys not otherwise appropriated, the same
to be paid by the state auditor in the manner provided for the
payment of such accounts against the state. The assistant
chemists shall keep their offices at the University of Wyoming
and the board of trustees of said university shall furnish the
necessary room for the carrying out of the provisions of this
article. The assistant chemists shall perform such duties as
they may be required to perform by the state chemist.
35-7-203. Expenses.
The necessary traveling expenses and expenses for the purchase
of apparatus, chemicals, etc., shall be paid from any
appropriation made by the legislature as a contingent fund for
the state chemist; provided, that the expense shall be limited
to the appropriation made.
35-7-204. Seal; report.
The state chemist shall keep a seal with which to attest
official acts and documents. He shall, as required by W.S.
9-2-1014, report to the governor, on or before the first day of
October of each year, including itemized statements of all
persons employed by him together with such statistics and other
matter as he may regard of value to the administration or public
at large.
ARTICLE 3 - ADULTERATING OR MISBRANDING
Division 1. Generally
35-7-301. Repealed by Laws 1987, ch. 173, § 4.
35-7-302. Repealed by Laws 1987, ch. 173, § 4.
35-7-303. Repealed by Laws 1987, ch. 173, § 4.
35-7-304. Repealed by Laws 1987, ch. 173, § 4.
35-7-305. Repealed by Laws 1987, ch. 173, § 4.
35-7-306. Repealed by Laws 1987, ch. 173, § 4.
35-7-307. Repealed by Laws 1987, ch. 173, § 4.
35-7-308. Repealed by Laws 1987, ch. 173, § 4.
35-7-309. Repealed by Laws 1987, ch. 173, § 4.
35-7-310. Repealed by Laws 1987, ch. 173, § 4.
35-7-311. Repealed by Laws 1987, ch. 173, § 4.
35-7-312. Repealed by Laws 1987, ch. 173, § 4.
Division 2. Cosmetics
35-7-330. Division 2. Cosmetics Repealed by Laws 1987,
ch. 173, § 4.
35-7-331. Repealed by Laws 1987, ch. 173, § 4.
35-7-332. Repealed by Laws 1987, ch. 173, § 4.
35-7-333. Repealed by Laws 1987, ch. 173, § 4.
35-7-334. Repealed by Laws 1987, ch. 173, § 4.
35-7-335. Repealed by Laws 1987, ch. 173, § 4.
35-7-336. Repealed by Laws 1987, ch. 173, § 4.
Division 3. Environmental Pesticide Control
35-7-350. Short title.
This act shall be known and may be cited as the "Wyoming
Environmental Pesticide Control Act of 1973".
35-7-351. Enforcing agency.
This act shall be administered by the department of agriculture
of the state of Wyoming, hereinafter referred to as the
"department".
35-7-352. Declaration of purpose.
The legislature hereby finds that pesticides and devices are
valuable to our state's agricultural production and to the
protection of man and the environment from insects, rodents,
weeds, and other forms of life which may be pests, and it is
essential to the public health and welfare that they be
regulated closely to prevent adverse effects on human life and
the environment. The purpose of this act is to regulate, in the
public interest, the labeling, distribution, storage,
transportation, disposal, use and application of pesticides to
control pests. New pesticides are continually being discovered
or synthesized which are valuable for the control of pests, and
for use as defoliants, desiccants, plant regulators, and related
purposes. The dissemination of accurate scientific information
as to the proper use or nonuse, of any pesticide, is vital to
the public health and welfare and the environment both immediate
and future. Therefore, it is deemed necessary to provide for
registration of pesticides and devices.
35-7-353. Board of certification.
A board of certification is established consisting of the
director of the department of agriculture, and a member of the
Wyoming weed and pest council and a University of Wyoming weed
or pest specialist to be appointed by the governor. The governor
may remove any member he appoints as provided in W.S. 9-1-202.
35-7-354. Definitions.
(a) "Applicator" or "operator" means:
(i) "Certified applicator" means any individual who
is certified by the director as being competent with respect to
the use and handling of pesticides, or of the use and handling
of the pesticide or class of pesticides covered by the
individual's certification;
(ii) "Commercial applicator" means a certified
applicator (whether or not he is a private applicator with
respect to some uses) who uses or supervises the use of any
pesticide which is classified for restricted use for any purpose
or on any property other than as provided by paragraph (a)(iii)
of this subsection;
(iii) "Private applicator" means any certified
applicator who uses or supervises the use of any restricted use
pesticide which is restricted to use by certified applicators
and only for purposes of producing any agricultural commodity on
property owned by him or his employer or under his control or
(is applied without compensation other than trading of personal
services between producers of agricultural commodities) on the
property of another person.
(b) "Board of agriculture" means that body established by
law under W.S. 11-2-102.
(c) "Device" means any instrument or contrivance (other
than a firearm) which is intended for trapping, destroying,
repelling, or mitigating any pest or any other form of plant or
animal life (other than man, or bacteria, virus, or other
microorganism on or in living man or other living animals) but
does not include equipment used for the application of
pesticides when sold separately therefrom.
(d) "Pesticide" means:
(i) Any substance or mixture of substances intended
for preventing, destroying, repelling, or mitigating any pests;
(ii) Any substance or mixture of substances intended
for use as a plant regulator, defoliant, or desiccant;
(iii) Any substance or mixture of substances intended
to be used as a spray adjuvant; and
(iv) Any other pesticide product or substance whether
general use, restricted use, registered, suspended or cancelled,
which by the label or portions thereof clearly show it is used
or has been used as a pesticide.
(e) "Restricted use pesticide" means any pesticide
product, the label of which states "restricted use" as required
for registration by the environmental protection agency under
the federal Insecticide, Fungicide and Rodenticide Act of 1972,
as amended.
(f) "Dealer" or "distributor" means any person who
imports, consigns, distributes, offers to sell or sells, barters
or otherwise supplies pesticides in this state. A dealer or
distributor may also be a registrant.
(g) "Director" means the director of the department of
agriculture or his authorized agent.
(h) "Label" means a display of written, printed or graphic
matter upon or affixed to the immediate container of any
pesticide, or a reference within such display to other
information.
(j) "Official sample" means any sample of a pesticide,
degradate or residue taken by and designated as official by the
director.
35-7-355. Director to administer and enforce provisions;
board of certification to adopt regulations.
The director of the department of agriculture shall administer
and enforce the provisions of this act and regulations issued
thereunder. The board of certification may issue regulations
after a public hearing following due notice to all interested
persons in conformance with the provisions of the Wyoming
Administrative Procedure Act to carry out the provisions of this
act. Regulations may prescribe methods to be used in the
application of pesticides, may prescribe standards for the
classification and certification of applicators of pesticides,
and may require certification, licensing, payment of reasonable
fees for licensing or certification, submission of information,
and passing of examinations by applicators of pesticides. Where
the board of certification finds that regulations are necessary
to carry out the purpose and intent of this act, the regulations
may relate to the time, place, manner, methods, materials, and
amounts and concentrations, in connection with the application
of the pesticide, and may restrict or prohibit use of pesticides
in designated areas during specified periods of time and shall
encompass all reasonable factors which the board deems
necessary. The department may issue licenses. Notwithstanding
the provisions of W.S. 35-7-354(e), the board of agriculture, by
regulation, following a hearing and pursuant to the Wyoming
Administrative Procedure Act, may declare a specific pesticide
or pesticide use a "restricted use pesticide", but only
following a recommendation of the board of certification, and a
finding of fact, in a public hearing conducted by the board of
certification, that unreasonable adverse effects on the
environment, including man, pollinating insects, animals, crops,
wildlife and lands, other than pests, may reasonably occur. The
director of the department of agriculture may allow the
registration, licensing, testing, inspection and reporting
requirements of this article to be conducted electronically as
provided by the Uniform Electronic Transaction Act, W.S.
40-21-101 through 40-21-119 and any applicable federal
electronic requirements.
35-7-356. Registration.
(a) Every pesticide or device which is distributed within
this state or delivered for transportation or transported in
intrastate commerce or between points within this state through
any point outside this state shall be registered with the
department of agriculture by its manufacturer or formulator
subject to the provisions of this act. The registration shall be
renewed annually prior to December 31 of each year but not if a
pesticide or device is shipped from one plant or warehouse to
another plant or warehouse as a constituent part to make a
pesticide or device which is registered under the provisions of
this act, if the pesticide or device is not sold and if the
container thereof is plainly and conspicuously marked "For
Experimental Use Only", together with the manufacturer's name
and address, or if a written permit has been obtained from the
department to sell the specific pesticide or device for
experimental purposes subject to restrictions and conditions set
forth in the permit.
(b) The applicant for registration shall file a statement
with the department which shall include:
(i) The name and address of the applicant and the
name and address of the person whose name will appear on the
label, if other than the applicant's;
(ii) The name of the pesticide or device;
(iii) Other necessary information required for
completion of the department's application for registration
form;
(iv) The use classification as provided in the
Federal Insecticide, Fungicide, and Rodenticide Act when
required by regulations under this act.
(c) The director may require a full description of the
tests made and the results thereof upon which the claims are
based on any pesticide or device on which restrictions are being
considered. In the case of renewal of registration, a statement
shall be required only with respect to information which is
different from that furnished when the pesticide or device was
registered or last registered. The director may prescribe other
necessary information by regulation.
(d) Every registrant of a pesticide or device shall pay an
annual registration fee of one hundred forty dollars ($140.00)
for each product registered. All registrations shall expire on
December 31 of each year, following the date of the
registration, and may thereupon be renewed for successive
periods of twelve (12) months upon payment of the proper fee.
One hundred twenty-five dollars ($125.00) of the fee collected
pursuant to this subsection shall be deposited in the special
natural resource account in the department of agriculture which
is hereby created. Funds in the special natural resource account
are continuously appropriated to the department and shall only
be used to provide funding for the pesticide registration fee
program. Fifteen dollars ($15.00) of the fee collected pursuant
to this subsection shall be deposited in the pesticide education
account in the department of agriculture which is hereby
created. Funds in the pesticide education account are
continuously appropriated to the department and shall only be
used to provide funding for the pesticide applicator
certification program provided by the University of Wyoming.
(e) Any registration approved by the director and in
effect on December 31 for which a renewal application has been
made and the proper fee paid, shall continue in full force and
effect until such time as the director notifies the applicant
that the registration has been renewed, or otherwise denied in
accord with the provisions of W.S. 35-7-358. Forms for
registration shall be mailed to registrants at least thirty (30)
days prior to the due date.
(f) If it appears to the director that the composition of
the pesticide or device is such as to warrant the proposed
claims for it and if the pesticide and its labeling and other
material required to be submitted comply with the requirements
of this act he shall register the pesticide.
35-7-357. Experimental use permits.
(a) Any person may apply to the director of the department
of agriculture for an experimental use permit for a pesticide.
The director may issue an experimental use permit if he
determines that the applicant needs the permit in order to
accumulate information necessary to register a pesticide under
this act. An application for an experimental use permit may be
filed at the time of or before or after an application for
registration is filed.
(b) Use of a pesticide under an experimental use permit
shall be under the supervision of the director, and shall be
subject to such terms and conditions and be for such period of
time as the director may prescribe in the permit.
(c) The director may revoke any experimental use permit,
at any time, if he finds that its terms or conditions are being
violated, or that its terms and conditions are inadequate to
avoid unreasonable adverse effects on the environment.
35-7-358. Refusal to register; cancellation; suspension;
legal recourse.
(a) If it does not appear to the director of the
department of agriculture that the pesticide or device is such
as to warrant the proposed claims for it or if the pesticide or
device and its labeling and other material required to be
submitted do not comply with the provisions of this act or
regulations adopted thereunder, he shall notify the applicant of
the manner in which the pesticide or device, labeling, or other
material required to be submitted fails to comply with the
provisions of this act so as to afford the applicant an
opportunity to make the necessary corrections. If, upon receipt
of notice, the applicant does not make the required changes the
director may refuse to register the pesticide or device. The
applicant may request a hearing as provided for in the Wyoming
Administrative Procedure Act.
(b) The director, when he determines that the pesticide or
device or labeling does not comply with the provisions of the
act or the regulations adopted thereunder, may cancel the
registration of a pesticide or device after a hearing in
accordance with the provisions of the Wyoming Administrative
Procedure Act.
(c) The director, when he determines that there is an
imminent hazard, may suspend on his own motion, the registration
of a pesticide in conformance with the provisions of the Wyoming
Administrative Procedure Act.
(d) Any person who will be adversely affected by an order
under this section may obtain judicial review in accord with the
Wyoming Administrative Procedure Act.
35-7-359. Classification of licenses.
(a) Licenses shall include but are not limited to:
(i) Commercial applicator license;
(ii) Private applicator license.
(b) A commercial applicator shall notify the department of
any change of address or change of employment within thirty (30)
days of that change.
(c) The director may refuse an application for a
reciprocal license for just cause including, but not limited to:
(i) An incomplete or falsified application;
(ii) A prior violation related to pesticides in this
state or another state.
(d) The director may immediately suspend a reciprocal
license upon discovery of any violation under subsection (c) of
this section. The director may reinstate a license suspended
under this subsection following a hearing pursuant to the
Wyoming Administrative Procedure Act.
35-7-360. Liability for damage; service of process.
(a) Repealed by Laws 1979, ch. 91, § 3.
(b) Repealed by Laws 1979, ch. 91, § 3.
(c) Nothing in this act shall be construed to relieve any
person from liability for any damage to the person or lands of
another caused by the use of pesticides even though such use
conforms to the rules and regulations of this act.
(d) Before the director shall issue a pesticide
applicator's license to a nonresident to apply pesticides in
this state, each nonresident pesticide applicator shall appoint
the director as his attorney to receive services of legal
process issued against the pesticide applicator in this state.
The appointment, effect of appointment, and procedures for
service of process shall be as provided by W.S. 26-3-121 and
26-3-122.
35-7-361. Inspection of equipment.
The director may provide for inspection of any equipment used
for application of pesticides and may require repairs or other
changes before its further use for pesticide application. A list
of requirements that equipment shall meet may be adopted by
regulation.
35-7-362. Reciprocal agreement.
The director may issue a license or certification on a
reciprocal basis with other states without examination to a
nonresident who is licensed, or certified, in another state
substantially in accordance with the provisions of this act but
financial security as provided for in W.S. 35-7-360 or proof of
liability insurance shall be submitted by nonresident commercial
applicators. The department shall, by rule and regulation,
establish criteria for reciprocity including, but not limited
to, formal agreements with other states, residency, categories
and examination. The director is authorized to adopt additional
rules and regulations necessary to implement this section.
35-7-363. Exemptions.
(a) The provision of W.S. 35-7-355 relating to licenses
and requirements for their issuance shall not apply to any
private applicator applying pesticides for himself or with
ground equipment or manually for his neighbors, except as to
specific regulations as to the use of restricted pesticides and
certification qualifications for private applicators, if:
(i) He operates farm property or operates and
maintains pesticide application equipment primarily for his own
use;
(ii) He is not engaged in the business of applying
pesticides for hire amounting to a principal or regular
occupation and he does not publicly hold himself out as a
pesticide applicator.
(b) The word "device" shall not be construed to mean fly
swatter, butterfly net, or any mechanical contrivance used to
trap or kill insects or rodents.
35-7-364. Discarding and storing of pesticides and
pesticide containers.
No person shall discard, transport, or store any pesticide or
pesticide containers in such a manner as to cause injury to
humans, vegetation, crops, livestock, wildlife, beneficial
insects or to pollute any waterway in a way harmful to any
wildlife therein. The board of certification may promulgate
rules and regulations governing the discarding and storing of
such pesticides or pesticide containers.
35-7-365. Subpoenas.
The director may issue subpoenas to compel the attendance of
witnesses or production of books, documents, and records in the
state in any hearing affecting the authority or privilege
granted by a license, registration, or permit issued under the
provisions of this act.
35-7-366. Penalties.
(a) Any person violating any provision of W.S. 35-7-350
through 35-7-375 or regulation thereunder is guilty of a
misdemeanor and upon conviction shall be fined not more than
five hundred dollars ($500.00) or imprisoned in the county jail
for not more than one (1) year, or both, for the first offense,
and upon conviction for a subsequent offense shall be fined not
more than one thousand dollars ($1,000.00) or imprisoned in the
county jail for not more than one (1) year, or both. Any offense
committed more than three (3) years after a previous conviction
shall be considered a first offense.
(b) The director may bring an action to enjoin the
violation or threatened violation of any provision or any
regulation made pursuant to W.S. 35-7-350 through 35-7-375 in a
court of competent jurisdiction of the county in which the
violation occurs or is about to occur. The action may be
initiated by the attorney general or the district attorney for
the county in which the violation has or is about to occur.
(c) No state court shall allow the recovery of damages
from administrative action taken if the court finds that there
was probable cause for such action.
(d) If the department incurs fees or other expenses to
remediate a violation by an applicator, the department may seek
restitution from the applicator or the applicator’s employer
through a court of competent jurisdiction.
35-7-367. Enforcement.
(a) The sampling and examination of pesticides or devices
shall be made under the direction of the director for the
purpose of determining whether they comply with the requirements
of this act. The director is authorized, upon presentation of
proper identification, to enter any distributor's premises,
including any vehicle of transport, at all reasonable times in
order to have access to pesticides or devices. If it appears
from such examination that a pesticide or device fails to comply
with the provisions of this act or regulations adopted
thereunder, and the director contemplates instituting criminal
proceedings against any person, the director shall cause
appropriate notice to be given to such person. Any person so
notified shall be given an opportunity within a reasonable time
to present his views, either orally or in writing, with regard
to the contemplated proceedings. If thereafter in the opinion of
the director, it appears that the provisions of the act or
regulations adopted thereunder have been violated by such
person, the director shall refer a copy of the results of the
analysis or the examination of such pesticide or device to the
district attorney for the county in which the violation
occurred.
(b) Nothing in this act shall be construed as requiring
the director to report minor violations of this act for
prosecution or for the institution of condemnation proceedings
when he believes that the public interest will be served best by
a suitable notice of warning in writing.
(c) For the purpose of carrying out the provisions of this
act the director may enter upon any public or private premises
at reasonable times, in order:
(i) To have access for the purpose of inspecting any
equipment subject to this act and such premises on which the
equipment is kept or stored;
(ii) To inspect lands actually or reported to be
exposed to pesticides;
(iii) To inspect storage or disposal areas;
(iv) To inspect or investigate complaints of injury
to humans or land;
(v) To sample pesticides being applied or to be
applied.
(d) If the director is denied access to any land where
access was sought for the purposes set forth in this act, he may
apply to any court of competent jurisdiction for a search
warrant authorizing access to such lands for the stated
purposes. The court shall with probable cause upon such
application issue the search warrant for the purposes requested.
(e) The director may bring an action to enjoin the
violation or threatened violation of any provision of this act
or any rule made pursuant to this act in the district court of
the county in which such violation occurs or is about to occur.
35-7-368. Cooperation.
The director is authorized to cooperate with and enter into
agreements with any other agency of this state, the United
States, and any other state or agency thereof for the purpose of
carrying out the provisions of this act and securing uniformity
of regulation.
35-7-369. Disposition of funds.
All moneys received by the department under the provisions of
this act shall be deposited into the treasury of the state to
the credit of the general fund, excluding those funds collected
pursuant to W.S. 35-7-356(d).
35-7-370. Severability.
If any provision of this act is declared unconstitutional, or
the applicability thereof to any person or circumstance is held
invalid, the constitutionality of the remainder of this act and
applicability thereof to other persons and circumstances shall
not be affected thereby.
35-7-371. Prior liability.
The enactment of this act shall not have the effect of
terminating, or in any way modifying, any liability, civil or
criminal, which shall already be in existence on the date this
act becomes effective.
35-7-372. Jurisdiction; repeals.
Jurisdiction in all matters pertaining to the registration,
distribution, transportation and disposal of pesticides and
devices is by this act vested exclusively in the director and
board of certification and all acts and parts of acts
inconsistent with this act are hereby expressly repealed.
35-7-373. Registration of aircraft.
(a) Any person engaged in the activity or business of
applying pesticides utilizing any type of aircraft shall
register each aircraft annually with the Wyoming department of
agriculture, on a printed form provided by the department. The
registration shall include the following:
(i) Manufacturer, model and type of aircraft;
(ii) Identification number assigned to the aircraft;
(iii) Owner of the aircraft; and
(iv) User of the aircraft if different from the
owner.
(b) The fee authorized by W.S. 11-1-104 shall be charged
to each person registering aircraft. Aircraft shall be
registered on or before April 1 of each year.
35-7-374. Prohibited acts.
(a) It is unlawful for any person to:
(i) Detach, alter, deface or destroy, in whole or in
part, any labeling prior to proper disposal of the pesticide
containers;
(ii) Refuse to keep any records as required by the
director by regulation or to refuse to allow the inspection of
such records by the director during normal working hours;
(iii) Make available for use, or to use, any
restricted pesticide classified for restricted use for some or
all purposes, except by or under the direct supervision of a
certified applicator;
(iv) Use any pesticide in a manner inconsistent with
its labeling which means to use any pesticide in a manner not
permitted by the labeling, or not authorized by the director
under a special local need registration, an experimental use
permit or an emergency exemption, provided that this paragraph
does not include:
(A) Applying a pesticide at any dosage,
concentration or frequency less than that specified on the
labeling;
(B) Applying a pesticide against any target pest
not specified on the labeling if the application is to the crop,
animal or site specified on the labeling;
(C) Employing any method of application not
prohibited by the labeling; or
(D) Mixing a pesticide or pesticides with a
fertilizer when the mixture is not prohibited by the labeling.
(v) To falsify any records required by the director
by regulation;
(vi) To falsify any application, examination or
affidavit for certification or license;
(vii) Other than certified applicators or persons
working under their direct supervision to use restricted use
pesticides;
(viii) To use restricted use pesticides inconsistent
with the applicator category of certification.
(b) If the director finds that the violation occurred
despite the exercise of due care or did not cause significant
harm to another person, to health or to the environment, he
shall issue a warning in lieu of prosecution.
(c) Except as otherwise provided by the Wyoming
Environmental Pesticide Control Act of 1973, no political
subdivision of this state shall adopt or enforce any ordinance,
resolution, rule or regulation regarding pesticides storage,
sale, distribution, notification of use, or use that is more
stringent than the Wyoming Environmental Pesticide Control Act
of 1973 or rules promulgated thereunder.
35-7-375. Required notification of pesticide application
on or within school buildings.
(a) Any commercial applicator licensed under W.S. 35-7-359
or any other person shall provide notification required by this
section of the application of any pesticide as defined under
W.S. 35-7-354(d) which is applied on or within any building or
other real property used by a school district primarily for the
education of students, including any property used by the
district for student activities or playgrounds. Notice under
this subsection shall be provided to the district not less than
seventy-two (72) hours prior to application and the district
shall further notify students, teachers and staff. All notices
distributed under this subsection shall be marked with a
distribution date and include information indicating date of
application, location of application or treatment area, pest to
be controlled, name and type of pesticide to be applied and a
contact for additional information. All notices distributed
under this subsection shall be retained by the school or school
district for two (2) years.
(b) In addition to notice required under subsection (a) of
this section, the licensed commercial applicator or other school
employee applying pesticides shall post signs on the school
building or property stating the date of application, the
location of the application or treatment area, the name and type
of the pesticide to be applied and a contact for additional
information. Upon request, the licensed commercial applicator or
other school employee shall provide information on how to obtain
additional information on the pesticide. Not less than twelve
(12) hours before application of pesticides within school
buildings, signs shall be posted at main entrances to school
buildings and at the entrances to the specific application area
within buildings. If pesticide application is made outdoors to
any area adjacent to a school building or on property used by
the district for student activities or playgrounds, signs shall
be posted immediately adjacent to the treated area and at the
entrance to the district property. The signs shall remain posted
for seventy-two (72) hours.
(c) Anti-microbial pesticides defined under W.S.
35-7-354(d), such as disinfectants and sanitizers used by school
employees for cleaning purposes and insect or rodent bait
stations of the type available for home use are exempted from
the notification and posting requirements specified in
subsections (a) and (b) of this section.
35-7-376. Direct supervision.
(a) As used in this section, unless otherwise prescribed
by its labeling, a pesticide shall be considered to be applied
under the direct supervision of a certified applicator if it is
applied by a competent person acting under the instructions and
control of a certified applicator who is available within a
reasonable time and distance, even though the certified
applicator is not physically present at the time and place the
pesticide is applied.
(b) All pesticide applications made for hire shall be
under the direct supervision of a certified commercial
applicator. All applications of restricted use pesticide shall
be made under the direct supervision of a certified applicator.
Availability of the certified applicator shall be directly
related to the potential hazard of the situation. The certified
applicator shall be:
(i) Available by immediate contact through telephone
or radio; or
(ii) Physically present on-site when use of the
pesticide poses a potentially serious hazard to people or the
environment.
(c) As used in this section:
(i) Reasonable time by the supervising applicator to
on-site is deemed to be not more than one (1) hour response
time;
(ii) Reasonable distance by the supervising
applicator to on-site is deemed to be not more than fifty (50)
air miles.
ARTICLE 4 - SANITARY REGULATIONS GENERALLY
35-7-401. Repealed by Laws 1987, ch. 173, § 4.
35-7-402. Repealed by Laws 1987, ch. 173, § 4.
35-7-403. Repealed by Laws 1987, ch. 173, § 4.
35-7-404. Repealed by Laws 1987, ch. 173, § 4.
35-7-405. Repealed by Laws 1987, ch. 173, § 4.
35-7-406. Repealed by Laws 1987, ch. 173, § 4.
35-7-407. Repealed by Laws 1987, ch. 173, § 4.
35-7-408. Repealed by Laws 1987, ch. 173, § 4.
35-7-409. Repealed by Laws 1987, ch. 173, § 4.
35-7-410. Repealed by Laws 1987, ch. 173, § 4.
35-7-411. Repealed by Laws 1987, ch. 173, § 4.
35-7-412. Repealed by Laws 1987, ch. 173, § 4.
35-7-413. Repealed by Laws 1987, ch. 173, § 4.
35-7-414. Repealed by Laws 1987, ch. 173, § 4.
35-7-415. Repealed by Laws 1987, ch. 173, § 4.
ARTICLE 5 - MILK AND MILK PRODUCTS
35-7-501. Repealed by Laws 1991, ch. 173, § 2.
35-7-502. Repealed by Laws 1991, ch. 173, § 2.
35-7-503. Repealed by Laws 1991, ch. 173, § 2.
35-7-504. Repealed by Laws 1991, ch. 173, § 2.
35-7-505. Repealed by Laws 1991, ch. 173, § 2.
35-7-506. Repealed by Laws 1991, ch. 173, § 2.
35-7-507. Repealed by Laws 1991, ch. 173, § 2.
35-7-508. Repealed by Laws 1991, ch. 173, § 2.
35-7-509. Repealed by Laws 1991, ch. 173, § 2.
35-7-510. Repealed by Laws 1982, ch. 11, § 2.
35-7-511. Repealed by Laws 1991, ch. 173, § 2.
35-7-512. Repealed by Laws 1982, ch. 11, § 2.
35-7-513. Repealed by Laws 1991, ch. 173, § 2.
35-7-514. Repealed by Laws 1991, ch. 173, § 2.
35-7-515. Repealed by Laws 1991, ch. 173, § 2.
35-7-516. Repealed by Laws 1991, ch. 173, § 2.
35-7-517. Repealed by Laws 1991, ch. 173, § 2.
35-7-518. Repealed by Laws 1991, ch. 173, § 2.
35-7-519. Repealed by Laws 1991, ch. 173, § 2.
35-7-520. Repealed by Laws 1991, ch. 173, § 2.
35-7-521. Repealed by Laws 1991, ch. 173, § 2.
35-7-522. Repealed by Laws 1991, ch. 173, § 2.
35-7-523. Repealed by Laws 1991, ch. 173, § 2.
35-7-524. Repealed by Laws 1991, ch. 173, § 2.
35-7-525. Repealed by Laws 1991, ch. 173, § 2.
35-7-526. Repealed by Laws 1991, ch. 173, § 2.
35-7-527. Repealed By Laws 2000, Ch. 37, § 4.
35-7-528. Repealed By Laws 2000, Ch. 37, § 4.
35-7-529. Repealed By Laws 2000, Ch. 37, § 4.
35-7-530. Repealed By Laws 2000, Ch. 37, § 4.
35-7-531. Repealed By Laws 2000, Ch. 37, § 4.
35-7-532. Repealed By Laws 2000, Ch. 37, § 4.
35-7-533. Repealed By Laws 2000, Ch. 37, § 4.
ARTICLE 6 - IMITATION BUTTER AND CHEESE;
Division 1. Generally
35-7-601. Repealed by Laws 1987, ch. 173, § 4.
35-7-602. Repealed by Laws 1987, ch. 173, § 4.
35-7-603. Repealed by Laws 1987, ch. 173, § 4.
35-7-604. Repealed by Laws 1987, ch. 173, § 4.
35-7-605. Repealed by Laws 1987, ch. 173, § 4.
35-7-606. Repealed by Laws 1987, ch. 173, § 4.
35-7-607. Repealed by Laws 1987, ch. 173, § 4.
35-7-608. Repealed by Laws 1987, ch. 173, § 4.
35-7-609. Repealed by Laws 1987, ch. 173, § 4.
Division 2. Oleomargarine
35-7-620. Repealed by Laws 1987, ch. 173, § 4.
35-7-621. Repealed by Laws 1987, ch. 173, § 4.
35-7-622. Repealed by Laws 1987, ch. 173, § 4.
35-7-623. Repealed by Laws 1987, ch. 173, § 4.
ARTICLE 7 - WHOLESOME MEAT
35-7-701. Repealed By Laws 2000, Ch. 37, § 4.
35-7-702. Repealed By Laws 2000, Ch. 37, § 4.
35-7-703. Repealed By Laws 2000, Ch. 37, § 4.
35-7-704. Repealed By Laws 2000, Ch. 37, § 4.
35-7-705. Repealed By Laws 2000, Ch. 37, § 4.
35-7-706. Repealed By Laws 2000, Ch. 37, § 4.
35-7-707. Repealed By Laws 2000, Ch. 37, § 4.
35-7-708. Repealed By Laws 2000, Ch. 37, § 4.
35-7-709. Repealed By Laws 2000, Ch. 37, § 4.
35-7-710. Repealed By Laws 2000, Ch. 37, § 4.
35-7-711. Repealed By Laws 2000, Ch. 37, § 4.
ARTICLE 8 - SALE AND LABELING OF EGGS
35-7-801. Repealed By Laws 2000, Ch. 37, § 4.
35-7-802. Repealed By Laws 2000, Ch. 37, § 4.
35-7-803. Repealed By Laws 2000, Ch. 37, § 4.
35-7-804. Repealed By Laws 2000, Ch. 37, § 4.
35-7-805. Repealed By Laws 2000, Ch. 37, § 4.
35-7-806. Repealed By Laws 2000, Ch. 37, § 4.
35-7-807. Repealed By Laws 2000, Ch. 37, § 4.
35-7-808. Repealed By Laws 2000, Ch. 37, § 4.
ARTICLE 9 - ENRICHMENT OF FLOUR AND BREAD
35-7-901. Repealed By Laws 2000, Ch. 37, § 4.
35-7-902. Repealed By Laws 2000, Ch. 37, § 4.
35-7-903. Repealed By Laws 2000, Ch. 37, § 4.
35-7-904. Repealed By Laws 2000, Ch. 37, § 4.
35-7-905. Repealed By Laws 2000, Ch. 37, § 4.
35-7-906. Repealed By Laws 2000, Ch. 37, § 4.
ARTICLE 10 - CONTROLLED SUBSTANCES
Article I.
35-7-1001. Short title.
This act shall be known and may be cited as the "Wyoming
Controlled Substances Act of 1971".
35-7-1002. Definitions.
(a) As used in this act:
(i) "Administer" means directly applying a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient or
research subject by:
(A) A practitioner (or by his authorized agent);
or
(B) The patient or research subject at the
direction of the practitioner.
(ii) "Agent" means an authorized person who acts on
behalf of or at the direction of a manufacturer, distributor, or
dispenser. It does not include a common or contract carrier,
public warehouseman, or employee of the carrier or warehouseman;
(iii) Repealed By Laws 2011, Ch. 45, § 2.
(iv) "Controlled substance" means a drug, substance,
or immediate precursor in schedules I through V of article III;
(v) "Counterfeit substance" means a controlled
substance which, or the container or labeling of which, without
authorization, bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other than
the person who in fact manufactured, distributed, or dispensed
the substance;
(vi) "Deliver" or "delivery" means the actual,
constructive, or attempted transfer from one person to another
of a controlled substance, whether or not there is an agency
relationship;
(vii) "Dispense" means to deliver a controlled
substance to an ultimate user or research subject by or pursuant
to the lawful order of a practitioner, including the
prescribing, administering, packaging, labeling, or compounding
necessary to prepare the substance for that delivery;
(viii) "Dispenser" means a practitioner who
dispenses, or his authorized agent;
(ix) "Distribute" means to deliver other than by
administering or dispensing a controlled substance;
(x) "Distributor" means a person who distributes;
(xi) "Drug" means:
(A) Substances recognized as drugs in official
United States Pharmacopoeia, official Homeopathic Pharmacopoeia
of the United States, or official National Formulary, or any
supplement to any of them;
(B) Substances intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease
in man or animals;
(C) Substances (other than food) intended to
affect the structure or any function of the body of man or
animals; and
(D) Substances intended for use as a component
of any article specified in subparagraph (A), (B), or (C) of
this paragraph. It does not include devices or their components,
parts or accessories.
(xii) "Immediate precursor" means a substance which
the commissioner has found to be and by rule designates as being
the principal compound commonly used or produced primarily for
use, and which is an immediate chemical intermediary used or
likely to be used in the manufacture of a controlled substance,
the control of which is necessary to prevent, curtail, or limit
manufacture;
(xiii) "Manufacture" means the production,
preparation, propagation, compounding, conversion or processing
of a controlled substance, either directly or indirectly by
extraction from substances of natural origin, or independently
by means of chemical synthesis, or by a combination of
extractions and chemical synthesis, and includes any packaging
or repackaging of the substance or labeling or relabeling of its
container. The term does not include the preparation,
compounding, packaging or labeling of a controlled substance:
(A) By a practitioner as an incident to his
administering or dispensing of a controlled substance in the
course of his professional practice; or
(B) By a practitioner, or by his authorized
agent under his supervision, for the purpose of, or as an
incident to, research, teaching, or chemical analysis and not
for sale.
(xiv) "Marihuana" means all parts of the plant of the
genus Cannabis, whether growing or not; the seed thereof; the
resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the
plant, its seeds or resin. It does not include the mature stalks
of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil or cake, or
the sterilized seed of the plant which is incapable of
germination;
(xv) "Narcotic drug" means any of the following,
whether produced directly or indirectly by extraction from
substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis:
(A) Opium and opiate, and any salt, compound,
derivative, or preparation of opium or opiate;
(B) Any salt, compound, isomer, derivative, or
preparation thereof which is chemically equivalent or identical
with any of the substances referred to in subparagraph (A) of
this paragraph, but not including the isoquinoline alkaloids of
opium;
(C) Opium poppy and poppy straw;
(D) Coca leaves and any salt, compound,
derivative or preparation of coca leaves, and any salt,
compound, isomer, derivative, or preparation thereof which is
chemically equivalent or identical with any of these substances,
but not including decocainized coca leaves or extractions of
coca leaves which do not contain cocaine or ecgonine.
(xvi) "Opiate" means any substance having an
addiction-forming or addiction-sustaining liability similar to
morphine or being capable of conversion into a drug having
addiction-forming or addiction-sustaining liability. It does not
include, unless specifically designated as controlled under W.S.
35-7-1011, the dextrorotatory isomer of
3-methoxy-n-methylmorphinian and its salts (dextro-methorphan).
It does include its racemic and levorotatory forms;
(xvii) "Opium poppy" means the plant of the species
Papaver somniferum L., except its seeds;
(xviii) "Person" means individual, corporation,
government or governmental subdivision or agency, business
trust, estate, trust, partnership or association, or any other
legal entity;
(xix) "Poppy straw" means all parts, except the
seeds, of the opium poppy, after mowing;
(xx) "Practitioner" means:
(A) A physician, dentist, veterinarian,
podiatrist, scientific investigator, or other person licensed,
registered or otherwise permitted to distribute, dispense,
conduct research with respect to or administer a controlled
substance in the course of professional practice or research in
this state;
(B) A pharmacy, hospital or other institution
licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or administer a
controlled substance in the course of professional practice or
research in this state.
(xxi) "Production" includes the manufacture,
planting, cultivation, growing, or harvesting of a controlled
substance;
(xxii) "State" means the state of Wyoming;
(xxiii) "Ultimate user" means a person who lawfully
possesses a controlled substance for his own use or for the use
of a member of his household or for administering to an animal
owned by him or by a member of his household;
(xxiv) "Law enforcement officer" means any sheriff,
undersheriff or sheriff's deputy of any county of this state,
any duly authorized municipal policeman of any city or town of
this state, any member of the Wyoming highway patrol, any police
officer of the University of Wyoming or any Wyoming community
college who is a peace officer, any superintendent, assistant
superintendent, district manager, park ranger or reserve park
ranger of a state park, state recreation area, state
archeological site or state historic site who has qualified
pursuant to W.S. 9-1-701 through 9-1-707, when acting within the
boundaries of the state park, state recreation area, state
archeological site or state historic site or when enforcing
felony statutes following observation or discovery of the
commission of a felony which was observed or discovered during
the performance of their official duties, or any special agent
employed by the commissioner under this act;
(xxv) "Board" means the Wyoming state board of
pharmacy;
(xxvi) "Commissioner" means the commissioner of drugs
and substances control;
(xxvii) "Drug paraphernalia" means all equipment,
products and materials of any kind when used, advertised for
use, intended for use or designed for use for manufacturing,
converting, preparing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body a controlled substance
in violation of this act and includes:
(A) Isomerization devices when used, advertised
for use, intended for use or designed for use in increasing the
potency of any species of plant which is a controlled substance;
(B) Quinine hydrochloride, mannitol and mannite
when used, advertised for use, intended for use or designed for
use in diluting controlled substances;
(C) Separation gins and sifters when used or
advertised for use in removing twigs and seeds from or in
otherwise cleaning or refining marihuana;
(D) Objects when used, advertised for use,
intended for use or designed for use in injecting controlled
substances into the human body;
(E) The following objects when used, advertised
for use, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marihuana, cocaine, hashish or
hashish oil or any other controlled substance into the human
body:
(I) Metal, acrylic, glass, stone, plastic
or ceramic pipes with or without screens, permanent screens,
hashish heads or punctured metal bowls;
(II) Carburetion tubes;
(III) Carburetion masks;
(IV) Chamber pipes;
(V) Carburetor pipes;
(VI) Electric pipes;
(VII) Air-driven pipes;
(VIII) Chillums;
(IX) Bongs;
(X) Ice pipes or chillers.
(xxviii) "This act" means W.S. 35-7-1001 through 35-
7-1064.
35-7-1003. Attorney general designated commissioner of
drugs and substances control.
The attorney general of the state of Wyoming is hereby
designated commissioner of drugs and substances control.
35-7-1004. Personnel to administer provisions.
The attorney general by and with the consent of the governor may
employ such personnel as necessary to administer this act. Such
personnel shall serve at the pleasure of the attorney general at
such compensation as may be approved by the Wyoming personnel
division. Said personnel shall be assigned such duties as may be
necessary to assist the commissioner in the performance of his
responsibilities under this act for the efficient operation of
the work of the office.
35-7-1005. Advisory board on drugs and substances control.
There is hereby established an advisory board on drugs and
substances control for the purpose of assisting and advising the
commissioner of drugs and substances control in carrying out the
functions of his office. The members of the advisory board shall
receive no compensation for their services except travel
expenses and per diem in the same manner and amount as employees
of the state of Wyoming. The advisory board consists of the
director of the department of health or his designee, and the
executive director and senior inspector of the Wyoming state
board of pharmacy. In addition to any other duties imposed upon
the advisory board by this or any other act, it is the duty of
the board to advise the commissioner of drugs and substances
control as to which substances shall be declared controlled
drugs and substances subjected to the controls provided by law.
Article II.
35-7-1006. Cooperation by state departments, officers,
agencies and employees.
It shall be the duty of all departments, officers, agencies, and
employees of the state of Wyoming to cooperate with the
commissioner of drugs and substances control in carrying out his
functions under this or any other act.
35-7-1007. Cooperative arrangements; plant eradication
programs; research.
(a) The commissioner of drugs and substances control may,
in addition to other powers and duties vested in him by this or
any other act:
(i) Cooperate with federal and other state agencies
in discharging his responsibilities concerning traffic in drugs
and substances;
(ii) Arrange for the exchange of information between
governmental officials concerning the use and abuse of drugs and
substances;
(iii) Coordinate and cooperate in training programs
on drugs and substances law-enforcement at the local and state
level;
(iv) Conduct programs of eradication aimed at
destroying wild or illicit growth of plant species from which
controlled drugs and substances may be extracted;
(v) Coordinate and regulate educational programs
designed to prevent and deter misuse and abuse of controlled
drugs and substances;
(vi) Encourage research into the misuse and abuse of
controlled drugs and substances; in connection therewith and in
furtherance of his other duties he is authorized to:
(A) Establish methods to assess accurately the
effects of controlled drugs and substances and to identify and
characterize controlled drugs and substances with potential for
abuse;
(B) Make studies and undertake programs of
research to:
(I) Develop new or improved approaches,
techniques, systems, equipment and devices to strengthen the
enforcement of this act;
(II) Determine patterns of misuse and abuse
of controlled drugs and substances and the social effects
thereof; and
(III) Improve methods of preventing,
predicting, understanding, and dealing with the misuse and abuse
of controlled drugs and substances.
(C) Enter into contracts with public agencies,
institutions of higher education and private organizations or
individuals for the purpose of conducting research,
demonstrations, or special projects which bear directly on
misuse and abuse of controlled drugs and substances.
(vii) Enter into contracts for educational and
research activities without performance bonds;
(viii) Authorize persons engaged in research on the
use and effects of drugs and substances to withhold names and
other identifying characteristics of persons who are the
subjects of such research, such persons who obtain this
authorization may not be compelled in any state, civil,
criminal, administrative, legislative or other proceeding to
identify the subjects of research for which such authorization
was obtained;
(ix) Authorize the possession and distribution of
controlled drugs and substances by persons engaged in research,
persons who obtain such authorization shall be exempt from state
prosecution for possession and distribution of drugs and
substances to the extent authorized by the commissioner.
35-7-1008. Federal funds and grants; authority of
commissioner of drugs and substances control.
(a) Except as otherwise provided by law, the commissioner
of drugs and substances control is hereby designated as the
agency of the state of Wyoming to accept the provisions of and
funds and grants made by or under any act of the congress of the
United States providing funds for programs relating to drugs and
dangerous substances, and as the agency to administer or
supervise the administration of any state plan established or
funds received by the state by virtue of any federal statute
relating to aid to the states for the purpose of drugs and
dangerous substances control; provided, that each acceptance of
such federal funds shall be restricted in its effect to the
specific situation involved under such acceptance.
(b) The commissioner of drugs and substances control may:
(i) Enter into an agreement with the proper federal
agency to procure for the state the benefits of the federal
statutes;
(ii) Establish a state plan, if required by the
federal statute, to qualify the state for the benefits of the
federal statute;
(iii) Provide for reports to be made to the federal
agency as may be required;
(iv) Provide for reports to be made to the
commissioner of drugs and substances control from local agencies
receiving federal funds;
(v) Make surveys and studies in cooperation with
other agencies to determine the needs of the state with respect
to the application of federal funds;
(vi) Establish standards to which agencies must
conform in receiving federal funds;
(vii) Take such other action as may be necessary to
secure the benefits of the federal statutes to the state of
Wyoming.
35-7-1009. Federal funds and grants; authority of state
treasurer.
Whenever the state of Wyoming shall be entitled to receive any
moneys or funds from the United States of America, or from any
other source or authority, to be expended for the purposes of
this act, the state treasurer is hereby authorized to receive
and receipt for such moneys or funds, and to make such
application and use of the same as may be required by law.
35-7-1010. Board of pharmacy designated agency to
administer registration.
The Wyoming state board of pharmacy in addition to any other
duties imposed upon it by law is hereby designated as the agency
to administer the registration of the manufacture, distribution
and dispensing of controlled substances as hereinafter provided
in this act. The board shall register certified animal
euthanasia technicians as provided by W.S. 33-30-223(b), for the
limited purposes of purchasing, possessing and administering
drugs labeled by the manufacturer for the purpose of euthanizing
animals, excluding Schedule I drugs as defined in W.S. 35-7-1013
and 35-7-1014, and performing the duties and powers of a
certified animal euthanasia technician.
Article III.
35-7-1011. Control of substances.
(a) The commissioner shall administer this act and with
the advice of the advisory board established in W.S. 35-7-1005
may add substances to or delete or reschedule all substances
enumerated in the schedules in W.S. 35-7-1014, 35-7-1016,
35-7-1018, 35-7-1020 and 35-7-1022 pursuant to the procedures of
the Wyoming Administrative Procedure Act. In making a
determination regarding a substance, the commissioner shall
consider the following:
(i) The actual or relative potential for abuse;
(ii) The scientific evidence of its pharmacological
effect, if known;
(iii) The state of current scientific knowledge
regarding the substance;
(iv) The history and current pattern of abuse;
(v) The scope, duration, and significance of abuse;
(vi) The risk to the public health;
(vii) The potential of the substance to produce
psychic or physiological dependence liability;
(viii) Whether the substance is an immediate
precursor of a substance already controlled under this article;
and
(ix) Its other uses, both medical and commercial.
(b) After considering factors enumerated in subsection (a)
of this section, the commissioner shall make findings with
respect thereto and issue a rule controlling the substance if he
finds the substance has a potential for abuse.
(c) If the commissioner designates a substance as an
immediate precursor, substances which are precursors of the
controlled precursor shall not be subject to control solely
because they are precursors of the controlled precursor.
(d) If any substance is designated, rescheduled, or
deleted as a controlled substance under federal law the
commissioner shall control the substance under this act in the
same manner as federal law within thirty (30) days after
receiving notice of the change but not later than thirty (30)
days after the first publication of the change in the Federal
Register. Under this subsection, the commissioner shall control
the substance in the same manner as federal law through the
promulgation of an emergency rule, followed by promulgation of a
permanent rule under the Wyoming Administrative Procedure Act.
If the commissioner objects to the designation, rescheduling or
deletion of a substance, the commissioner shall within the same
period required to control the substance publish the reasons for
objection and afford all interested parties an opportunity to be
heard. At the conclusion of the hearing, the commissioner shall
publish his decision which shall be final unless altered by
statute. Upon publication of an objection to designation,
rescheduling or deletion under this act by the commissioner,
control under this act is stayed until the commissioner
publishes his final decision. Any final decision that ultimately
controls the substance under this act in the same manner as
federal law shall be finalized through the promulgation of an
emergency rule, followed by promulgation of a permanent rule
under the Wyoming Administrative Procedure Act.
(e) Authority to control under this section does not
extend to distilled spirits, wine, malt beverages, or tobacco.
(f) The commissioner shall exclude any nonnarcotic
substance from a schedule if such substance may under the
Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq.,
and W.S. 33-24-131 of the Wyoming Pharmacy Act, be lawfully sold
over the counter without a prescription.
35-7-1012. Name by which controlled substance listed in
schedule.
The controlled substances listed or to be listed in the
schedules in W.S. 35-7-1014, 35-7-1016, 35-7-1018, 35-7-1020 and
35-7-1022 are included by whatever official, common, usual,
chemical, or trade name designated.
35-7-1013. Findings requiring inclusion of substance in
Schedule I.
(a) The commissioner shall place a substance in Schedule I
if he finds that the substance:
(i) Has high potential for abuse; and
(ii) Has no accepted medical use in treatment in the
United States or lacks accepted safety for use in treatment
under medical supervision.
35-7-1014. Substances included in Schedule I.
(a) The controlled substances listed in this section are
included in Schedule I. Schedule I shall consist of the drugs
and other substances, by whatever official name, common or usual
name, chemical name or brand name designated, listed in this
section.
(b) Opiates.-Unless specifically excepted or unless listed
in another schedule, any of the following opiates, including the
isomers, esters, ethers, salts and salts of isomers, esters and
ethers, unless specifically excepted, whenever the existence of
these isomers, esters, ethers and salts is possible within the
specific chemical designation:
(i) Acetylmethadol;
(ii) Repealed By Laws 1997, ch. 151, § 2.
(iii) Allylprodine;
(iv) Alphacetylmethadol (except levo-
alphacetylmethadol also known as levo-alpha-acetylmethadol,
levomethadyl acetate, or LAAM);
(v) Alphameprodine;
(vi) Alphamethadol;
(vii) Alpha-methylfentanyl
(N-[1-(alpha-methylbeta-phenyl)ethyl-4-piperidyl]
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)
piperidine);
(viii) Benzethidine;
(ix) Betacetylmethadol;
(x) Betameprodine;
(xi) Betamethadol;
(xii) Betaprodine;
(xiii) Clonitazene;
(xiv) Dextromoramide;
(xv) Diampromide;
(xvi) Diethylthiambutene;
(xvii) Difenoxin;
(xviii) Dimenoxadol;
(xix) Dimepheptanol;
(xx) Dimethylthiambutene;
(xxi) Dioxaphetyl butyrate;
(xxii) Dipipanone;
(xxiii) Ethylmethylthiambutene;
(xxiv) Etonitazene;
(xxv) Etoxeridine;
(xxvi) Furethidine;
(xxvii) Hydroxypethidine;
(xxviii) Ketobemidone;
(xxix) Levomoramide;
(xxx) Levophenacylmorphan;
(xxxi) Morpheridine;
(xxxii) Noracymethadol;
(xxxiii) Norlevorphanol;
(xxxiv) Normethadone;
(xxxv) Norpipanone;
(xxxvi) Phenadoxone;
(xxxvii) Phenampromide;
(xxxviii) Phenomorphan;
(xxxix) Phenoperidine;
(xl) Piritramide;
(xli) Proheptazine;
(xlii) Properidine;
(xliii) Propiram;
(xliv) Racemoramide;
(xlv) Tilidine;
(xlvi) Trimeperidine;
(xlvii) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-
2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(xlviii) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-
thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(xlix) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-
phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(l) Beta-hydroxy-3-methylfentanyl (other name: N-[1-
(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-
phenylpropanamide);
(li) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-
4-piperidyl]-N-phenylpropanamide);
(lii) 3-Methylthiofentanyl (N-[3-methyl-1-(2-
thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(liii) MPPP (1-methyl-4-phenyl-4-
propionoxypiperidine);
(liv) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-
(2-phenethyl)-4-piperidinyl] propanamide);
(lv) PEPAP (1-(-2-phenethyl)-4-phenyl-4-
acetoxypiperidine);
(lvi) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-
piperidinyl]-propanamide).
(c) Opium derivatives.-Unless specifically excepted or
unless listed in another schedule, any of the following opium
derivatives, their salts, isomers and salts of isomers whenever
the existence of these salts, isomers and salts of isomers is
possible within the specific chemical designation:
(i) Acetorphine;
(ii) Acetyldihydrocodeine;
(iii) Benzylmorphine;
(iv) Codeine methylbromide;
(v) Codeine-N-Oxide;
(vi) Cyprenorphine;
(vii) Desomorphine;
(viii) Dihydromorphine;
(ix) Drotebanol;
(x) Etorphine (except hydrochloride salt);
(xi) Heroin;
(xii) Hydromorphinol;
(xiii) Methyldesorphine;
(xiv) Methyldihydromorphine;
(xv) Morphine methylbromide;
(xvi) Morphine methylsulfonate;
(xvii) Morphine-N-Oxide;
(xviii) Myrophine;
(xix) Nicocodeine;
(xx) Nicomorphine;
(xxi) Normorphine;
(xxii) Pholcodine;
(xxiii) Thebacon.
(d) Hallucinogenic substances.-Unless specifically
excepted or unless listed in another schedule, any material,
compound, mixture or preparation which contains any quantity of
the following hallucinogenic substances, their salts, isomers
and salts of isomers whenever the existence of these salts,
isomers and salts of isomers is possible within the specific
chemical designation (for purposes of this paragraph only, the
term "isomer" includes the optical, position and geometric
isomers):
(i) 4-bromo-2, 5-dimethoxyamphetamine; some trade or
other names: 4-bromo-2,
5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2, 5-DMA;
(ii) 2, 5-dimethoxyamphetamine; some trade or other
names: 2, 5-dimethoxy-alpha-methylphenethylamine; 2, 5-DMA;
(iii) 4-methoxyamphetamine; some trade or other
names: 4-methoxy-alpha-methylphenethylamine;
paramethoxy-amphetamine; PMA;
(iv) 5-methoxy-3,4-methylenedioxy amphetamine;
(v) 4-methyl-2, 5-dimethoxyamphetamine; some trade
and other names:
4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"; and
"STP";
(vi) 3,4-methylenedioxy amphetamine;
(vii) 3,4,5-trimethoxy amphetamine;
(viii) Bufotenine; some trade and other names:
3-(beta-dimethy-laminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin;
5-hydroxy-N, N-dimethyltryptamine; mappine;
(ix) Diethyltryptamine; some trade and other names:
N,N-diethyltryptamine; DET;
(x) Dimethyltryptamine; some trade or other names:
DMT;
(xi) Ibogaine; some trade and other names:
7-ethyl-6,6 beta, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6,
9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b] indole;
tabernanthe iboga;
(xii) Lysergic acid diethylamide;
(xiii) Marihuana;
(xiv) Mescaline;
(xv) Parahexyl; some trade or other names;
3-hexyl-1-hydroxy 7, 8, 9, 10-tetrahydro-6, 6,
9-trimethyl-6H-dibenzo [b,d] pyran; synhexyl;
(xvi) Peyote; meaning all parts of the plant
presently classified botanically as Lophophora Williamsii
Lemaire, whether growing or not, the seeds thereof, any extract
from any part of such plant, and every compound, manufacture,
salts, derivative, mixture, or preparation of such plant, its
seeds or extracts;
(xvii) N-ethyl-3-piperidyl benzilate;
(xviii) N-methyl-3-piperidyl benzilate;
(xix) Psilocybin;
(xx) Psilocyn;
(xxi) Tetrahydrocannabinols; naturally occurring or
synthetic equivalents of the substances contained in the plant
or in the resinous extractives of Cannabis, sp. and/or naturally
occurring or synthetic substances, derivatives and their isomers
with similar chemical structure and pharmacological activity
such as the following: delta 1 cis or trans
tetrahydrocannabinol and their optical isomers; delta 6 cis or
trans tetrahydrocannabinol and their optical isomers; delta 8
cis or trans tetrahydrocannabinol and their optical isomers;
delta to the 3, 4 cis or trans tetrahydrocannabinol and its
optical isomers. Since nomenclature of these substances is not
internationally standardized, compounds of these structures,
regardless of numerical designation of atomic positions are
covered;
(xxii) Ethylamine analog of phencyclidine; some trade
or other names: N-ethyl-1-phenylcyclohexylamine,
(1-phenylcyclohexyl) ethylamine, N-(1 phenylcyclohexyl)
ethylamine, cyclohexamine, PCE;
(xxiii) Pyrrolidine analog of phencyclidine; some
trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy,
PHP;
(xxiv) Thiophene analog of phencyclidine; some trade
or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine,
2-thienyl analog of phencyclidine, TPCP, TCP;
(xxv) Alpha-ethyltryptamine; some trade or other
names: etryptamine; Monase; A-ethyl-1H-indole-3-ethanamine; 3-
(2-aminobutyl) indole; --ET; and AET;
(xxvi) 4-Bromo-2,5-dimethoxyphenethylamine; some
trade or other names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-
aminoethane; alpha-desmethyl DOB; 2C-B, nexus;
(xxvii) 2,5-Dimethoxy-4-ethylamphetamine; some trade
or other names: DOET;
(xxviii) 3,4-Methylenedioxymethamphetamine (MDMA);
(xxix) 3,4-Methylenedioxy-N-ethylamphetamine (also
known as N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine,
N-ethyl MDA, MDE, MDEA);
(xxx) N-hydroxy-3,4-methylenedioxyamphetamine (also
known as N-hydroxy-alpha-methyl-
3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA);
(xxxi) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine; some
other names: TCPy;
(xxxii) 2,5-dimethoxy-4-(n)-propylthiophenethylamine
(other name: 2C-T-7), its optical isomers, salts and salts of
isomers;
(xxxiii) Alpha-methyltryptamine; (other name: AMT);
(xxxiv) 5-methoxy-N,N-diisopropyltryptamine; (other
name: 5-MeO-DIPT), its isomers, salts and salts of isomers;
(xxxv) Salvinorin A;
(xxxvi) 3,4-Methylenedioxymethcathinone (other names:
Methylone);
(xxxvii) 3,4–Methylenedioxypyrovalerone (MDPV);
(xxxviii) 4–Methylmethcathinone (other names
Mephedrone);
(xxxix) 3–Methoxymethcathinone;
(xl) 3–Fluoromethcathinone;
(xli) 4–Fluoromethcathinone;
(xlii) Synthetic cannabinoids as follows:
(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
some trade or other names: HU-210;
(B) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-
6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-
tetrahydrobenzo[c]chromen-1-ol; some trade or other names: HU-
211;
(C) Any compound structurally derived from 3-(1-
napthoyl)indole, 1H-indol-3-yl-(1-naphthyl)methane, 3-(1-
napthoyl)pyrrole, 3-(phenylacetyl)indole, 3-(benzoyl)indole or
naphthylideneindene by substitution at the nitrogen atom of the
indole ring, pyrrole ring or 3-position of the indene ring by
alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-
(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl,
whether or not further substituted in the indole ring, pyrrole
ring or indene ring to any extent, and whether or not
substituted in the naphthyl or phenyl ring to any extent;
(D) Repealed By Laws 2012, Ch. 29, § 2.
(E) Any compound containing a 2-(3-
hydroxycyclohexyl)phenol structure with substitution at the 5-
position of the phenolic ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-
piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or
not substituted in the cyclohexyl ring to any extent;
(F) 2,3-Dihydro-5-methyl-3-(4-
morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-
naphthalenylmethanone; some trade or other names: WIN 55,212-2;
(G) [(1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-
tetramethylcyclopropyl)methanone]; other names: XLR-11;
(H) [(1-pentyl-1H-indol-3-yl)(2,2,3,3-
tetramethylcyclopropyl)methanone]; other names: UR-144;
(J) 1-pentyl-8-quinolinyl ester-1H-indole-3-
carboxylic acid; other names: PB-22;
(K) 1-(5-fluoropentyl)-8-quinolinyl ester-1H-
indole-3-carboxylic acid; other names: 5F-PB-22;
(M) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-
indazole-3-carboxamide; other names: AKB48;
(N) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-
fluoropentyl)1H-indazole-3-carboxamide; other names: 5F-AKB48;
(O) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-
fluorobenzyl)-1H-indazole-3-carboxamide; other names: AB-
FUBINACA;
(P) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-
pentyl-1H-indazole-3-carboxamide; other names: ADB-PINACA;
(Q) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-
pentyl-1H-indazole-3-carboxamide; other names: AB-PINACA;
(R) N-(1-amino-3,3-dimethyl-1-oxobutan-2yl)-1-
(5-fluoropentyl)-1H-indazole-3-carboxamide; other names: 5F-ADB-
PINACA;
(S) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-
fluoropentyl)-1H-indazole-3-carboxamide; other names: 5F-AB-
PINACA;
(T) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cycl
ohexylmethyl)-1H-indazole-3-carboxamide; other names: AB–
CHMINACA;
(U) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphtha
len-1-yl)methanone; other names: THJ–2201;
(W) 1-(cyclohexylmethyl)-1H-indole-3-carboxylic
acid 8-quinolinyl ester; other names: BB-22.
(xliii) 2-(2,5-dimethoxy-4-ethylphenyl)ethanamine;
other names: 2C-E;
(xliv) 2-(2,5-dimethoxy-4-methylphenyl)ethanamine;
other names: 2C-D;
(xlv) 2-(4-chloro-2,5-dimethoxyphenyl)ethanamine;
other names: 2C-C;
(xlvi) 2-(4-iodo-2,5-dimethoxyphenyl)ethanamine;
other names: 2C-I;
(xlvii) 2-[4-(ethylthio)-2,5-
dimethoxyphenyl]ethanamine; other names: 2C-T-2;
(xlviii) 2-[4-(isopropylthio)-2,5-
dimethoxyphenyl]ethanamine; other names: 2C-T-4;
(xlix) 2-(2,5-dimethoxyphenyl)ethanamine; other
names: 2C-H;
(l) 2-(2,5-dimethoxy-4-nitro-phenyl)ethanamine; other
names: 2C-N;
(li) 2-(2,5-dimethoxy-4-(n)-propylphenyl)ethanamine;
other names: 2C-P;
(lii) 4-bromo-2,5-dimethoxy-N-[(2-
methoxyphenyl)methyl]-benzeneethanamine; other names: 25B-NBOMe;
(liii) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-
methoxybenzyl)ethanamine; other names: 25C-NBOMe or 2C-C-NBOMe;
(liv) 4-iodo-2,5-dimethoxy-N-[(2-
methoxyphenyl)methyl]-benzeneethanamine; other names: 25I-NBOMe;
(lv) 3,4-methylenedioxy-N-ethylcathinone; (other
names: ethylone).
(e) Depressants.-Unless specifically excepted or unless
listed in another schedule, any material compound, mixture or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation:
(i) Mecloqualone;
(ii) Methaqualone;
(iii) Gamma-hydroxybutyric (some other names include
GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic
acid; sodium oxybate; sodium oxybutyrate).
(f) Stimulants.-Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its optical, positional, and geometric
isomers, salts and salts of isomers:
(i) Fenethylline;
(ii) N-ethylamphetamine;
(iii) Aminorex; some other names: aminoxaphen; 2-
amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-
oxazolamine;
(iv) Cathinone; some trade or other names: 2-amino-1-
phenyl-1-propanone, alpha-aminopropiophenone, 2-
aminopropiophenone, and norephedrone;
(v) Methcathinone; some other names: 2-(methylamino)-
propiophenone; alpha-(methylamino)propiophenone; 2-
(methylamino)-1-phenylpropan-1-one; alpha-N-
methylaminopropiophenone; monomethylpropion; ephedrone; N-
methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and
UR1432), its salts, optical isomers and salts of optical
isomers;
(vi) (()Cis-4-methylaminorex ((()cis-4,5-dihydro-4-
methyl-5-phenyl-2-oxazolamine);
(vii) N,N-dimethylamphetamine (also known as N,N-
alpha-trimethyl-benzeneethanamine; N,N-alpha-
trimethylphenethylamine);
(viii) N-Benzylpiperazine; (some other names: BZP, 1-
benzylpiperazine), its optical isomers, salts and salts of
isomers;
(ix) 4-methyl-N-ethylcathinone; other names: 4-MEC;
2-(ethylamino)-1-(4-methylphenyl)propan-1-one;
(x) 4-methyl-alpha-pyrrolidinopropiophenone; other
names: 4-MePPP; MePPP;
1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one;
(xi) Alpha-pyrrolidinopentiophenone; other names:
alpha-PVP;
alpha-pyrrolidinovalerophenone; 1-phenyl-2-(pyrrolidin-1-yl)pent
an-1-one;
(xii) Butylone; other names: bk-MBDB;
1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one;
(xiii) Pentedrone; other names:
alpha-methylaminovalerophenone;
2-(methylamino)-1-phenylpentan-1-one;
(xiv) Pentylone; other names: bk-MBDP;
1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one;
(xv) Naphyrone; other names: naphthylpyrovalerone;
1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one;
(xvi) Alpha-pyrrolidinobutiophenone; other names:
alpha-PBP; 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one.
(g) Temporary listing of substances subject to emergency
scheduling. Any material, compound, mixture or preparation
which contains any quantity of the following substances:
(i) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
(benzylfentanyl), its optical isomers, salts and salts of
isomers;
(ii) N-[1-(2-thienyl)methyl-4-piperidyl]-N-
phenylpropanamide (thenylfentanyl), its optical isomers, salts
and salts of isomers.
35-7-1015. Findings requiring inclusion of substance in
Schedule II.
(a) The commissioner shall place a substance in Schedule
II if he finds that:
(i) The substance has high potential for abuse;
(ii) The substance has currently accepted medical use
in treatment in the United States, or currently accepted medical
use with severe restrictions; and
(iii) Abuse of the substance may lead to severe
psychic or physical dependence.
35-7-1016. Substances included in Schedule II.
(a) The controlled substances listed in this section are
included in Schedule II. Schedule II shall consist of the drugs
and other substances, by whatever official name, common or usual
name, chemical name or brand name designated, listed in this
section.
(b) Substances, vegetable origin or chemical
synthesis.-Unless specifically excepted or unless listed in
another schedule, any of the following substances whether
produced directly or indirectly by extraction from substances of
vegetable origin, independently by means of chemical synthesis
or by combination of extraction and chemical synthesis:
(i) Opium and opiate and any salt, compound,
derivative, or preparation of opium or opiate, excluding
apomorphine, thebaine-derived butorphanol, dextrorphan,
nalbuphine, nalmefene, naloxone and naltrexone and their
respective salts, but including the following:
(A) Raw opium;
(B) Opium extracts;
(C) Opium fluid;
(D) Powdered opium;
(E) Granulated opium;
(F) Tincture of opium;
(G) Codeine;
(H) Ethylmorphine;
(J) Etorphine hydrochloride;
(K) Hydrocodone;
(M) Hydromorphone;
(N) Metopon;
(O) Morphine;
(P) Oxycodone;
(Q) Oxymorphone;
(R) Thebaine;
(S) Dihydroetorphine;
(T) Oripavine.
(ii) Any salt, compound, isomer, derivative, or
preparation thereof which is chemically equivalent or identical
with any of the substances referred to in paragraph (b)(i) of
this section, but not including the isoquinoline alkaloids of
opium;
(iii) Opium poppy and poppy straw;
(iv) Coca leaves and any salt, compound, derivative,
or preparation of coca leaves (including cocaine and ecgonine
and their salts, isomers, derivatives and salts of isomers and
derivatives), and any salt, compound, derivative, or preparation
thereof which is chemically equivalent or identical with any of
these substances, but not including decocainized coca leaves or
extractions which do not contain cocaine or ecgonine;
(v) Concentrate of poppy straw (the crude extract of
poppy straw in either liquid, solid or powder form which
contains the phenanthrine alkaloids of the opium poppy).
(c) Opiates.-Unless specifically excepted or unless in
another schedule, any of the following opiates including their
isomers, esters, ethers, salts and salts of isomers, esters and
ethers whenever the existence of these isomers, esters, ethers
and salts is possible within the specific chemical designation,
dextrorphan and levopropoxyphene excepted:
(i) Alphaprodine;
(ii) Anileridine;
(iii) Benzitramide;
(iv) Bulk dextropropoxyphene (nondosage forms);
(v) Dihydrocodeine;
(vi) Diphenoxylate;
(vii) Fentanyl;
(viii) Isomethadone;
(ix) Levomethorphan;
(x) Levorphanol;
(xi) Metazocine;
(xii) Methadone;
(xiii) Methadone-Intermediate,
4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(xiv) Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenyl-propane carboxylic acid;
(xv) Pethidine (meperidine);
(xvi) Pethidine-Intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(xvii) Pethidine-Intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(xviii) Pethidine-Intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
(xix) Phenazocine;
(xx) Piminodine;
(xxi) Racemethorphan;
(xxii) Racemorphan;
(xxiii) Sufentanil;
(xxiv) Alfentanil;
(xxv) Repealed By Laws 2011, Ch. 45, § 2.
(xxvi) Carfentanil;
(xxvii) Levo-alphacetylmethadol; some other names:
levo-alpha-acetylmethadol, levomethadyl acetate, LAAM;
(xxviii) Remifentanil;
(xxix) Tapentadol.
(d) Stimulants.-Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system:
(i) Amphetamine, its salts, optical isomers and salts
of its optical isomers;
(ii) Methamphetamine, its salts, isomers and salts of
its isomers;
(iii) Phenmetrazine and its salts;
(iv) Methylphenidate;
(v) Lisdexamfetamine, its salts, isomers and salts of
isomers.
(e) Depressants.-Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the following
substances having a depressant effect on the central nervous
system including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
(i) Amobarbital;
(ii) Pentobarbital;
(iii) Phencyclidine;
(iv) Secobarbital;
(v) Glutethimide.
(f) Immediate precursors.-Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture or preparation which contains any quantity of the
following substances:
(i) Immediate precursor to amphetamine and
methamphetamine:
(A) Phenylacetone; some trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
ketone.
(ii) Immediate precursors to phencyclidine (PCP):
(A) 1-phenylcyclohexylamine;
(B) 1-piperidinocyclohexanecarbonitrile (PCC).
(g) Hallucinogenic substances:
(i) Repealed By Laws 2001, Ch. 88, § 2.
(ii) Nabilone; another name for nabilone: (()-trans-
3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-
dimethyl-9H-dibenzo[b,d]pyran-9-one.
35-7-1017. Findings requiring inclusion of substance in
Schedule III.
(a) The commissioner shall place a substance in Schedule
III if he finds that:
(i) The substance has a potential for abuse less than
the substances listed in Schedules I and II;
(ii) The substance has currently accepted medical use
in treatment in the United States; and
(iii) Abuse of the substance may lead to moderate or
low physical dependence or high psychological dependence.
(b) The commissioner shall place a substance in Schedule
III if he finds that the substance is an anabolic steroid used
for the purpose of increasing weight, muscle mass, or improving
performance in any form of exercise, sport or game, exclusive of
veterinary pharmaceuticals.
35-7-1018. Substances included in Schedule III.
(a) The controlled substances listed in this section are
included in Schedule III. Schedule III shall consist of the
drugs and other substances by whatever official name, common or
usual name, chemical name or brand name designated, listed in
this section.
(b) Stimulants.-Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system including its salts, isomers (whether optical, position
or geometric) and salts of such isomers whenever the existence
of such salts, isomers and salts of isomers is possible within
the specific chemical designation:
(i) Those compounds, mixtures or preparations in
dosage unit form containing any stimulant substances listed in
Schedule II which compounds, mixtures or preparations were
listed on August 25, 1971, as excepted in the Federal Register
as excepted compounds under section 21 C.F.R. part 1308.32, and
any other drug of the quantitative composition shown in that
list for those drugs or which is the same except that it
contains a lesser quantity of controlled substances;
(ii) Benzphetamine;
(iii) Chlorphentermine;
(iv) Clortermine;
(v) Phendimetrazine.
(c) Depressants.-Unless specifically excepted or listed in
another schedule, any material, compound, mixture or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system:
(i) Any compound, mixture or preparation containing
any of the following or any salt thereof, and one (1) or more
other active medicinal ingredient not listed in any schedule:
(A) Amobarbital;
(B) Secobarbital;
(C) Pentobarbital.
(ii) Any suppository dosage form containing any of
the following or any salt thereof, and approved by the food and
drug administration for marketing only as a suppository:
(A) Amobarbital;
(B) Secobarbital;
(C) Pentobarbital.
(iii) Any substance which contains any quantity of a
derivative of barbituric acid or any salt thereof;
(iv) Chorhexadol;
(v) Repealed By Laws 1997, ch. 151, § 2.
(vi) Lysergic acid;
(vii) Lysergic acid amide;
(viii) Methyprylon;
(ix) Sulfondiethylmethane;
(x) Sulfonethylmethane;
(xi) Sulfonmethane;
(xii) Tiletamine and zolazepam or any salt thereof;
some trade or other names for a tiletamine-zolazepam combination
product: telazol; some trade or other names for tiletamine: 2-
(ethylamino)-2-(2-thienyl)-cyclohexanone; some trade or other
names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-
trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one,
flupyrazapon;
(xiii) Ketamine, its salts, isomers and salts of
isomers (some other names for ketamine include (±)-2-(2-
chlorophenyl)-2-(methylamino)-cyclohexanone);
(xiv) Any drug product containing gamma hydoxybutyric
acid, its salts, isomers and salts of isomers, for which an
application is approved under section 505 of the federal Food,
Drug and Cosmetic Act.
(d) Nalorphine.
(e) Narcotic drugs.-Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation containing any of the following narcotic drugs, or
their salts calculated as the free anhydrous base or alkaloid,
in limited quantities as set forth in paragraphs (i) through
(viii) of this subsection:
(i) Not more than one and eight-tenths (1.8) grams of
codeine per one hundred (100) milliliters or not more than
ninety (90) milligrams per dosage unit, with an equal or greater
quantity of an isoquinoline alkaloid of opium;
(ii) Not more than one and eight-tenths (1.8) grams
of codeine per one hundred (100) milliliters or not more than
ninety (90) milligrams per dosage unit, with one (1) or more
active, nonnarcotic ingredients in recognized therapeutic
amounts;
(iii) Not more than three hundred (300) milligrams of
dihydrocodeinone (hydrocodone) per one hundred (100) milliliters
or not more than fifteen (15) milligrams per dosage unit, with a
fourfold or greater quantity of an isoquinoline alkaloid of
opium;
(iv) Not more than three hundred (300) milligrams of
dihydrocodeinone (hydrocodone) per one hundred (100) milliliters
or not more than fifteen (15) milligrams per dosage unit, with
one (1) or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(v) Not more than one and eight-tenths (1.8) grams of
dihydrocodeine per one hundred (100) milliliters or not more
than ninety (90) milligrams per dosage unit, with one (1) or
more active, nonnarcotic ingredients in recognized therapeutic
amounts;
(vi) Not more than three hundred (300) milligrams of
ethylmorphine, per one hundred (100) milliliters or not more
than fifteen (15) milligrams per dosage unit, with one (1) or
more active, nonnarcotic ingredients in recognized therapeutic
amounts;
(vii) Not more than five hundred (500) milligrams of
opium per one hundred (100) milliliters or per one hundred (100)
grams, or not more than twenty-five (25) milligrams per dosage
unit, with one (1) or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
(viii) Not more than fifty (50) milligrams of
morphine per one hundred (100) milliliters or per one hundred
(100) grams, with one (1) or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
(f) The commissioner may except by rule any compound,
mixture, or preparation containing any stimulant or depressant
substance listed in subsections (b) and (c) of this section from
the application of all or any part of this act if the compound,
mixture, or preparation contains one (1) or more active
medicinal ingredients not having a stimulant or depressant
effect on the central nervous system, and if the admixtures are
included therein in combinations, quantity, proportion, or
concentration that vitiate the potential for abuse of the
substances which have a stimulant or depressant effect on the
central nervous system.
(g) Anabolic steroids. – For purposes of this subsection,
"anabolic steroid" means any drug or hormonal substance,
chemically and pharmacologically related to testosterone (other
than estrogens, progestins, corticosteroids and
dehydroepiandrosterone) and unless specifically excepted or
unless listed in another schedule, includes any of the following
or any ether, ester, salt or derivative of the following that
acts in the same manner on the human body:
(i) 3[beta],17-dihydro-5a-androstane;
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane;
(iii) 5[alpha]-androstan-3,17-dione;
(iv) 1-androstenediol (3[beta],17[beta]-dihydroxy-
5[alpha]-androst-1-ene);
(v) 1-androstenediol (3[alpha],17[beta]-dihydroxy-
5[alpha]-androst-1-ene);
(vi) 4-androstenediol (3[beta],17[beta]-dihydroxy-
androst-4-ene);
(vii) 5-androstenediol (3[beta],17[beta]-dihydroxy-
androst-5-ene);
(viii) 1-androstenedione ([5[alpha]]-androst-1-en-
3,17-dione);
(ix) 4-androstenedione (androst-4-en-3,17-dione);
(x) 5-androstenedione (androst-5-en-3,17-dione);
(xi) Bolasterone (7[alpha],17[alpha]-dimethyl-
17[beta]-hydroxyandrost-4-en-3-one);
(xii) Boldenone (17[beta]-hydroxyandrost-1,4,-diene-
3-one);
(xiii) Calusterone (7[beta],17[alpha]-dimethyl-
17[beta],hydroxyandrost-4-en-3-one);
(xiv) Clostebol (4chloro-17[beta]-hydroxyandrost-4-
en-3-one);
(xv) Dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-androst-1,4dien-3-one);
(xvi) [Delta]1-dihydrotestosterone (also known as "1-
testosterone") (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
(xvii) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one);
(xviii) Drostanolone (17[beta]-hydroxy-2[alpha]-
methyl-5[alpha]-androstan-3-one);
(xix) Ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene);
(xx) Fluoxymesterone (9-fluoro-17[alpha]-methyl-
11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
(xxi) Formebolone (2-formyl-17[alpha]-methyl-
11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
(xxii) Furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan);
(xxiii) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-
one);
(xxiv) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one);
(xxv) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one);
(xxvi) Mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one);
(xxvii) Mesterolone (1[alpha]-methyl-17[beta]-
hydroxy-[5[alpha]]-androstan-3-one);
(xxviii) Methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one);
(xxix) Methandriol (17[alpha]-methyl-
3[beta],17[beta]-dihydroxyandrost-5-ene);
(xxx) Methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one);
(xxxi) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-
5a-androstane);
(xxxii) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-
5a-androstane);
(xxxiii) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene);
(xxxiv) 17[alpha]-methyl-4-hydroxynandrolone
(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
(xxxv) Methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one);
(xxxvi) Methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one);
(xxxvii) Methyltestosterone (17[alpha]-methyl-
17[beta]-hydroxyandrost-4-en-3-one);
(xxxviii) Mibolerone (7[alpha],17[alpha]-dimethyl-
17[beta]-hydroxyestr-4-en-3-one);
(xxxix) 17[alpha]-methyl-[Delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one)
(also known as "17-[alpha]-methyl-1-tesosterone");
(xl) Nandrolone (17[beta]-hydroxyestr-4-en-3-one);
(xli) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene);
(xlii) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene);
(xliii) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene);
(xliv) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene);
(xlv) 19-nor-4-androstenedione (estr-4-en-3,17-
dione);
(xlvi) 19-nor-5-androstenedione (estr-5-en-3,17-
dione);
(xlvii) Norbolethone (13[beta],17[alpha]-diethyl-
17[beta]-hydroxygon-4-en-3-one);
(xlviii) Norclostebol (4-chloro-17[beta]-hydroxyestr-
4-en-3-one);
(xlix) Norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one);
(l) Normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one);
(li) Oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-[5[alpha]]-androstan-3-one);
(lii) Oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one);
(liii) Oxymetholone (17[alpha]-methyl-2-
hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
(liv) Stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
[5[alpha]]-androst-2-eno[3,2-c]-pyrazole);
(lv) Stenbolone (17[beta]-hydroxy-2-methyl-
[5[alpha]]-androst-1-en-3-one);
(lvi) Testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic acid lactone);
(lvii) Testosterone (17[beta]-hydroxyandrost-4-en-3-
one);
(lviii) Tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one);
(lix) Trenbolone (17[beta]-hydroestr-4,9,11-trien-3-
one);
(lx) Boldione (androsta-1,4-diene-3,17-dione);
(lxi) Desoxymethyltestosterone (17[alpha]-methyl-
5[alpha]-androst- 2-en-17[beta]-ol)(also known as madol);
(lxii) 19-nor-4,9(10)-androstadienedione (estra-
4,9(10)-diene- 3,17-dione);
(lxiii) Any salt, ester or ether of a drug or
substance described or listed in this subsection, except the
term does not include an anabolic steroid which is expressly
intended for administration through implants to cattle or other
nonhuman species and which has been approved by the United
States secretary of health and humans services for such
administration. If any person prescribes, dispenses or
distributes such steroid for human use, the person shall be
considered to have prescribed, dispensed or distributed an
anabolic steroid within the meaning of this subsection.
(h) Hallucinogenic substances:
(i) Dronabinol (synthetic) in sesame oil and
encapsulated in a soft gelatin capsule in a United States Food
and Drug Administration approved drug product; some other names
for dronobinol include (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-
trimethyl-3-pentyl-6H-dibenzo [b,d]pyran-1-ol, or (-)-delta-9-
(trans)-tetrahydrocannabinol.
(j) Narcotic drugs. Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture or preparation containing any of the following narcotic
drugs and their salts, as set forth below:
(i) Buprenorphine.
35-7-1019. Findings requiring inclusion of substance in
Schedule IV.
(a) The commissioner shall place a substance in Schedule
IV if he finds that:
(i) The substance has a low potential for abuse
relative to substances in Schedule III;
(ii) The substance has currently accepted medical use
in treatment in the United States; and
(iii) Abuse of the substance may lead to limited
physical dependence or psychological dependence relative to the
substances in Schedule III.
35-7-1020. Substances included in Schedule IV.
(a) The controlled substances listed in this section are
included in Schedule IV. Schedule IV shall consist of the drugs
and other substances, by whatever official name, common or usual
name, chemical name or brand name designated, listed in this
section.
(b) Narcotic drugs.-Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation containing any of the following narcotic drugs, or
their salts calculated as the free anhydrous base or alkaloid,
in limited quantities as set forth in paragraphs (i) and (ii) of
this subsection:
(i) Not more than one (1) milligram of difenoxin and
not less than twenty-five (25) micrograms of atropine sulfate
per dosage unit;
(ii) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,
2-diphenyl-3-methyl-2-propionoxy-butane).
(c) Depressants.-Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the following
substances, including its salts, isomers and salts of isomers
whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation:
(i) Alprazolam;
(ii) Barbital;
(iii) Bromazepam;
(iv) Camazepam;
(v) Chloral betaine;
(vi) Chloral hydrate;
(vii) Chlordiazepoxide;
(viii) Clobazam;
(ix) Clonazepam;
(x) Clorazepate;
(xi) Clotiazepam;
(xii) Cloxazolam;
(xiii) Delorazepam;
(xiv) Diazepam;
(xv) Estazolam;
(xvi) Ethchlorvynol;
(xvii) Ethinamate;
(xviii) Ethyl Loflazepate;
(xix) Fludiazepam;
(xx) Flunitrazepam;
(xxi) Flurazepam;
(xxii) Halazepam;
(xxiii) Haloxazolam;
(xxiv) Ketazolam;
(xxv) Loprazolam;
(xxvi) Lorazepam;
(xxvii) Lormetazepam;
(xxviii) Mebutamate;
(xxix) Medazepam;
(xxx) Meprobamate;
(xxxi) Methohexital;
(xxxii) Methylphenobarbital (mephobarbital);
(xxxiii) Nimetazepam;
(xxxiv) Nitrazepam;
(xxxv) Nordiazepam;
(xxxvi) Oxazepam;
(xxxvii) Oxazolam;
(xxxviii) Paraldehyde;
(xxxix) Petrichloral;
(xl) Phenobarbital;
(xli) Pinazepam;
(xlii) Prazepam;
(xliii) Temazepam;
(xliv) Tetrazepam;
(xlv) Triazolam;
(xlvi) Midazolam;
(xlvii) Quazepam;
(xlviii) Zolpidem;
(xlix) Zaleplon;
(l) Dichloralphenazone;
(li) Zopiclone;
(lii) Fospropofol.
(d) Fenfluramine.-Any material, compound, mixture or
preparation which contains any quantity of the following
substances, including its salts, isomers whether optical,
position or geometric, and salts of isomers when the existence
of these salts, isomers and salts of isomers is possible:
(i) Fenfluramine.
(e) Stimulants.-Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers and salts of isomers:
(i) Diethylpropion;
(ii) Mazindol;
(iii) Pemoline (including organometallic complexes
and chelates thereof);
(iv) Phentermine;
(v) Pipradrol;
(vi) SPA ((-)-1-dimethylamino-1, 2-diphenylethane);
(vii) Cathine ((+)-norpseudoephedrine);
(viii) Fencamfamin;
(ix) Fenproporex;
(x) Mefenorex;
(xi) Sibutramine;
(xii) Modafinil.
(f) Other substances.-Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture or preparation which contains any quantity of the
following substances, including its salts:
(i) Pentazocine;
(ii) Butorphanol (including its optical isomers);
(iii) Carisoprodol;
(iv) Tramadol.
(g) The commissioner may except by rule any compound,
mixture or preparation containing any depressant substance
listed in subsection (c) of this section from the application of
all or any part of this act if the compound, mixture or
preparation contains one (1) or more active medicinal
ingredients not having a depressant effect on the central
nervous system and if the admixtures are included therein in
combinations, quantity, proportion or concentration that vitiate
the potential for abuse of the substance which have a depressant
effect on the central nervous system.
35-7-1021. Findings requiring inclusion of substance in
Schedule V.
(a) The commissioner shall place a substance in Schedule V
if he finds that:
(i) The substance has low potential for abuse
relative to the controlled substances listed in Schedule IV;
(ii) The substance has currently accepted medical use
in treatment in the United States; and
(iii) The substance has limited physical dependence
or psychological dependence liability relative to the controlled
substances listed in Schedule IV.
35-7-1022. Substances included in Schedule V.
(a) The controlled substances listed in this section are
included in Schedule V. Schedule V shall consist of the drugs
and other substances, by whatever official name, common or usual
name, chemical name or brand name designated in this section.
(b) Narcotic drugs containing nonnarcotic active medicinal
ingredients.-Any compound, mixture, or preparation containing
limited quantities of any of the following narcotic drugs, or
their salts calculated as the free anhydrous base or alkaloid,
in limited quantities as set forth in paragraphs (i) through
(vi) of this subsection which also contains one (1) or more
nonnarcotic active medicinal ingredients in sufficient
proportion to confer upon the compound, mixture or preparation
valuable medicinal qualities other than those possessed by
narcotic drugs alone:
(i) Not more than two hundred (200) milligrams of
codeine per one hundred (100) milliliters or per one hundred
(100) grams;
(ii) Not more than one hundred (100) milligrams of
dihydrocodeine per one hundred (100) milliliters or per one
hundred (100) grams;
(iii) Not more than one hundred (100) milligrams of
ethylmorphine per one hundred (100) milliliters or per one
hundred (100) grams;
(iv) Not more than two and five-tenths (2.5)
milligrams of diphenoxylate and not less than twenty-five (25)
micrograms of atropine sulfate per dosage unit;
(v) Not more than one hundred (100) milligrams of
opium per one hundred (100) milliliters or per one hundred (100)
grams;
(vi) Not more than five-tenths (0.5) milligram of
difenoxin and not less than twenty-five (25) micrograms of
atropine sulfate per dosage unit.
(c) Narcotic drugs. Unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation containing any of the following narcotic
drugs and their salts, as set forth below:
(i) Repealed by Laws 2007, Ch. 40, § 2.
(d) Stimulants. Unless specifically exempted or excluded
or unless listed in another schedule, any material, compound,
mixture, or preparation which contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including its salts, isomers and salts of
isomers:
(i) Pyrovalerone.
(e) Repealed By Laws 2011, Ch. 45, § 2.
(f) Depressants.-Unless specifically exempted or excluded
or unless listed in another schedule, any material, compound,
mixture or preparation which contains any quantity of the
following substances having a depressant effect on the central
nervous system, including its salts:
(i) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-
propionamide];
(ii) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic
acid].
Article IV.
35-7-1023. Board of pharmacy to administer registration
requirements; rules; fees.
The Wyoming state board of pharmacy shall have the
responsibility for administering the registration requirements
of this article, and may promulgate rules and charge reasonable
fees relating to the registration and control of the
manufacture, distribution, and dispensing of controlled
substances within this state.
35-7-1024. Registration requirements.
(a) Every person who manufactures, distributes or
dispenses any controlled substance within this state or who
proposes to engage in the manufacture, distribution or
dispensing of any controlled substance within this state, must
obtain every two (2) years, on or before July 1, a registration
issued by the board in accordance with its rules. Any registrant
who fails to renew his registration by July 1 of each renewal
year shall be charged a late fee. If the failure to renew
continues past September 30 of the renewal year, the
registration shall be cancelled and the United States drug
enforcement administration notified for cancellation of the
registrant's federal registration.
(b) Persons registered by the board under this act to
manufacture, distribute, dispense, or conduct research with
controlled substances may possess, manufacture, distribute,
dispense, or conduct research with those substances to the
extent authorized by their registration and in conformity with
the other provisions of this article.
(c) The following persons need not register and may
lawfully possess controlled substances under this act:
(i) An agent or employee of any registered
manufacturer, distributor, or dispenser of any controlled
substance if he is acting in the usual course of his legitimate
business or employment;
(ii) A common or contract carrier or warehouseman, or
an employee thereof, whose possession of any controlled
substance is in the usual course of business or employment;
(iii) An ultimate user or a person in possession of
any controlled substance pursuant to a lawful order of a
practitioner or in lawful possession of a Schedule V substance.
(d) The board may waive by rule the requirement for
registration of certain manufacturers, distributors, or
dispensers if it finds it consistent with the public health and
safety.
(e) A separate registration is required at each principal
place of business or professional practice where the applicant
manufactures, distributes, or dispenses controlled substances.
(f) The board may inspect the establishment of a
registrant or applicant for registration in accordance with the
rules and regulations promulgated by the board.
35-7-1025. Registration of manufacturers and distributors;
controlled substance prescription tracking program enrollment.
(a) The board shall register an applicant to manufacture
or distribute controlled substances included in W.S. 35-7-1014,
35-7-1016, 35-7-1018, 35-7-1020 and 35-7-1022 unless it
determines that the issuance of that registration would be
inconsistent with the public interest. In determining the public
interest, the board shall consider the following factors:
(i) Maintenance of effective controls against
diversion of controlled substances into other than legitimate
medical, scientific, or industrial channels;
(ii) Compliance with applicable state and local law;
(iii) Any convictions of the applicant under any
federal and state laws relating to any controlled substance;
(iv) Past experience in the manufacture or
distribution of controlled substances, and the existence in the
applicant's establishment of effective controls against
diversion;
(v) Furnishing by the applicant of false or
fraudulent material in any application filed under this act;
(vi) Suspension or revocation of the applicant's
federal registration to manufacture, distribute, or dispense
controlled substances as authorized by federal law; and
(vii) Any other factors relevant to and consistent
with the public health and safety.
(b) Registration under subsection (a) of this section does
not entitle a registrant to manufacture and distribute
controlled substances in Schedule I or II other than those
specified in the registration.
(c) Practitioners shall be registered to dispense any
controlled substances or to conduct research with controlled
substances in Schedules II through V if they are authorized to
dispense or conduct research under the law of this state. The
board need not require separate registration under this article
for practitioners engaging in research with nonnarcotic
controlled substances in Schedules II through V where the
registrant is already registered under this article in another
capacity. Practitioners registered under federal law to conduct
research with Schedule I substances may conduct research with
Schedule I substances within this state upon furnishing the
board evidence of that federal registration. The board shall
enroll any practitioner registered under this subsection in the
controlled substance prescription tracking program maintained by
the board under W.S. 35-7-1060 if the practitioner is authorized
to dispense any controlled substances in Schedules II through V.
The board may promulgate rules and regulations for purposes of
enrolling those practitioners in the tracking program.
(d) Compliance by manufacturers and distributors with the
provisions of the federal law respecting registration (excluding
fees) entitles them to be registered under this act.
35-7-1026. Suspension or revocation of registration.
(a) A registration under W.S. 35-7-1025 to manufacture,
distribute or dispense a controlled substance may be suspended
or revoked by the board upon a finding that the registrant:
(i) Has furnished false or fraudulent material
information in any application filed under this act;
(ii) Has been convicted of a felony or misdemeanor
involving moral turpitude under any state or federal law
relating to any controlled substance;
(iii) Has had his federal registration suspended or
revoked to manufacture, distribute or dispense controlled
substances;
(iv) Has willfully violated any of the provisions of
this act, or any rules and regulations relating to controlled
substances;
(v) Has failed to provide adequate security for the
storage of controlled substances to the extent that repeated
diversions have occurred; or
(vi) Has voluntarily surrendered his license to
practice, or has had his license revoked or suspended, or the
renewal thereof has been denied or lapsed for cause by his
professional licensing board.
(b) The board may limit revocation or suspension of a
registration to the particular controlled substance with respect
to which grounds for revocation or suspension exist.
(c) If the board suspends or revokes a registration, all
controlled substances owned or possessed by the registrant at
the time of suspension or the effective date of the revocation
order may be placed under seal. No disposition may be made of
substances under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded unless a court,
upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the
court. Upon a revocation order becoming final, all controlled
substances may be forfeited to the state.
(d) The board shall promptly notify the bureau of all
orders suspending or revoking registration and all forfeitures
of controlled substances.
(e) In the case of a revocation or suspension sought by
the board's staff under paragraph (a)(ii), (iii) or (vi) of this
section, a copy of an order or other appropriate documents from
a court or administrative agency, certified by the clerk, judge,
secretary or executive director thereof, evidencing a
revocation, suspension, voluntary suspension or conviction of a
felony, shall be conclusive evidence of the conviction,
revocation or suspension of the federal registration, or the
loss of the license to practice.
(f) The board, by regulation, may adopt procedures under
which the denial, suspension, revocation or denial of renewal of
a registration may be resolved by mutual agreement between the
registrant or applicant and the board's staff, subject to prior
approval by the board.
35-7-1027. Order to show cause before denial, suspension,
revocation or refusal to renew registration; emergency
suspension.
(a) Before denying, suspending, or revoking a
registration, or refusing a renewal of registration, the board
shall serve upon the applicant or registrant an order to show
cause why registration should not be denied, revoked or
suspended, or why the renewal should not be refused. The order
to show cause shall contain a statement of the basis therefor
and shall call upon the applicant or registrant to appear before
the board at a time and place not less than thirty (30) days
after the date of service of the order, but in the case of a
denial or renewal of registration the show cause order shall be
served not later than thirty (30) days before the expiration of
the registration. These proceedings shall be conducted in
accordance with the Wyoming Administrative Procedure Act without
regard to any criminal prosecution or other proceeding.
Proceedings to refuse renewal of registration shall not abate
the existing registration which shall remain in effect pending
the outcome of the administrative hearing.
(b) The board may suspend, without an order to show cause,
any registration simultaneously with the institution of
proceedings under W.S. 35-7-1026, or where renewal of
registration is refused, if it finds there is imminent danger to
the public health or safety which warrants this action. The
suspension shall continue in effect until the conclusion of the
proceedings, including judicial review thereof, unless sooner
withdrawn by the board or dissolved by a court of competent
jurisdiction.
35-7-1028. Records and inventories required of
registrants.
Persons registered to manufacture, distribute, or dispense
controlled substances under this act shall keep records and
maintain inventories in conformance with the record-keeping and
inventory requirements of federal law and with any additional
rules the board issues.
35-7-1029. Order forms required for distribution of
substances in Schedules I and II.
Controlled substances in Schedules I and II shall be distributed
by a registrant to another registrant only pursuant to an order
form. Compliance with the provisions of federal law respecting
order forms shall be deemed compliance with this section.
35-7-1030. Prescriptions required in certain instances.
(a) Repealed by Laws 2019, ch. 153, § 1.
(b) In emergency situations, as defined by rule of the
board, Schedule II drugs may be dispensed upon oral prescription
of a practitioner, reduced promptly to writing and filed by the
pharmacy. Prescriptions shall be retained in conformity with the
requirements of W.S. 35-7-1028. No prescription for a Schedule
II substance may be refilled.
(c) Repealed by Laws 2019, ch. 153, § 1.
(d) No controlled substances included in any schedule may
be distributed or dispensed for other than an acceptable medical
indication.
(e) No practitioner shall prescribe nor shall any person
dispense any opioid or combination of opioids for acute pain to
an opioid naive patient for more than a seven (7) day supply in
a seven (7) day period. The board shall by rule establish
reasonable exceptions to this section, in consultation with
other professional licensing boards that license practitioners,
including exceptions for chronic pain, cancer treatment,
palliative care and other clinically appropriate exceptions. As
used in this subsection:
(i) "Opioid" means an opiumlike compound that binds
to one (1) or more of the major opioid receptors in the body;
(ii) "Opioid naive patient" means a patient who has
not had an active opioid prescription in the preceding forty-
five (45) day period.
(f) On and after January 1, 2021, except when dispensed
directly by a practitioner other than a pharmacy to an ultimate
user, no controlled substance included in any schedule shall be
dispensed without the electronic prescription of a practitioner.
The prescription for a controlled substance included in Schedule
III or IV shall not be filled or refilled more than six (6)
months after the date of the prescription or be refilled more
than five (5) times unless renewed by the practitioner. The
board may by rule and regulation provide exemptions from the
requirements of this subsection including exemptions for
emergencies and technical failures.
Article V.
35-7-1031. Unlawful manufacture or delivery; counterfeit
substance; unlawful possession.
(a) Except as authorized by this act, it is unlawful for
any person to manufacture, deliver, or possess with intent to
manufacture or deliver, a controlled substance. Any person who
violates this subsection with respect to:
(i) Methamphetamine or a controlled substance
classified in Schedule I or II which is a narcotic drug, is
guilty of a crime and upon conviction may be imprisoned for not
more than twenty (20) years, or fined not more than twenty-five
thousand dollars ($25,000.00), or both;
(ii) Any other controlled substance classified in
Schedule I, II or III, is guilty of a crime and upon conviction
may be imprisoned for not more than ten (10) years, fined not
more than ten thousand dollars ($10,000.00), or both;
(iii) A substance classified in Schedule IV, is
guilty of a crime and upon conviction may be imprisoned for not
more than two (2) years, fined not more than two thousand five
hundred dollars ($2,500.00), or both;
(iv) A substance classified in Schedule V, is guilty
of a crime and upon conviction may be imprisoned for not more
than one (1) year, fined not more than one thousand dollars
($1,000.00), or both.
(b) Except as authorized by this act, it is unlawful for
any person to create, deliver, or possess with intent to
deliver, a counterfeit substance. Any person who violates this
subsection with respect to:
(i) A counterfeit substance classified in Schedule I
or II which is a narcotic drug, is guilty of a crime and upon
conviction may be imprisoned for not more than twenty (20)
years, fined not more than twenty-five thousand dollars
($25,000.00), or both;
(ii) Any other counterfeit substance classified in
Schedule I, II or III, is guilty of a crime and upon conviction
may be imprisoned for not more than ten (10) years, fined not
more than ten thousand dollars ($10,000.00), or both;
(iii) A counterfeit substance classified in Schedule
IV, is guilty of a crime and upon conviction may be imprisoned
for not more than two (2) years, fined not more than two
thousand five hundred dollars ($2,500.00), or both;
(iv) A counterfeit substance classified in Schedule
V, is guilty of a crime and upon conviction may be imprisoned
for not more than one (1) year, fined not more than one thousand
dollars ($1,000.00), or both.
(c) Except as provided in W.S. 35-7-1064, it is unlawful
for any person knowingly or intentionally to possess a
controlled substance unless the substance was obtained directly
from, or pursuant to a valid prescription or order of a
practitioner while acting in the course of his professional
practice, or except as otherwise authorized by this act. With
the exception of any drug that has received final approval from
the United States food and drug administration, including
dronabinol as listed in W.S. 35-7-1018(h), and notwithstanding
any other provision of this act, no practitioner shall dispense
or prescribe marihuana, tetrahydrocannabinol, or synthetic
equivalents of marihuana or tetrahydrocannabinol. No
prescription or practitioner's order for marihuana,
tetrahydrocannabinol, or synthetic equivalents of marihuana or
tetrahydrocannabinol shall be valid, unless the prescription is
for a drug that has received final approval from the United
States food and drug administration, including dronabinol. Any
person who violates this subsection:
(i) And has in his possession a controlled substance
in the amount set forth in this paragraph is guilty of a
misdemeanor punishable by imprisonment for not more than twelve
(12) months, a fine of not more than one thousand dollars
($1,000.00), or both. Any person convicted for a third or
subsequent offense under this paragraph, including convictions
for violations of similar laws in other jurisdictions, shall be
imprisoned for a term not more than five (5) years, fined not
more than five thousand dollars ($5,000.00), or both. For
purposes of this paragraph, the amounts of a controlled
substance are as follows:
(A) For a controlled substance in plant form, no
more than three (3) ounces;
(B) For a controlled substance in liquid form,
no more than three-tenths (3/10) of a gram;
(C) For a controlled substance in powder or
crystalline form, no more than three (3) grams;
(D) For a controlled substance in pill or
capsule form, no more than three (3) grams;
(E) For a controlled substance in the form of
cocaine-based "crack" cocaine, no more than five-tenths (5/10)
of a gram;
(F) For a controlled substance known as LSD
(Lysergic acid diethylamide), no more than three-tenths (3/10)
of a gram.
(ii) And has in his possession methamphetamine or a
controlled substance classified in Schedule I or II which is a
narcotic drug in an amount greater than those set forth in
paragraph (c)(i) of this section, is guilty of a felony
punishable by imprisonment for not more than seven (7) years, a
fine of not more than fifteen thousand dollars ($15,000.00), or
both;
(iii) And has in his possession any other controlled
substance classified in Schedule I, II or III in an amount
greater than set forth in paragraph (c)(i) of this section, is
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;
(iv) And has in his possession a controlled substance
classified in Schedule IV in an amount greater than set forth in
paragraph (c)(i) of this section, is guilty of a felony
punishable by imprisonment for not more than two (2) years, a
fine of not more than two thousand five hundred dollars
($2,500.00), or both;
(v) And has in his possession a controlled substance
classified in Schedule V, is guilty of a misdemeanor punishable
by imprisonment for not more than one (1) year, a fine of not
more than one thousand dollars ($1,000.00), or both.
(d) For purposes of determining the weights to be given
the controlled substances under this section, the weights
designated in this section shall include the weight of the
controlled substance and the weight of any carrier element,
cutting agent, diluting agent or any other substance excluding
packaging material.
35-7-1032. Certain unlawful acts particularly applicable
to registrants.
(a) It is unlawful for any person:
(i) Who is subject to Article IV to distribute or
dispense a controlled substance in violation of W.S. 35-7-1030;
(ii) Who is a registrant, to manufacture a controlled
substance not authorized by his registration, or to distribute
or dispense a controlled substance not authorized by his
registration to another registrant or other authorized person;
(iii) To refuse or fail to make, keep or furnish any
record, notification, order form, statement, invoice or
information required under this act;
(iv) To refuse an entry into any premises for any
inspection authorized by this act; or
(v) Knowingly to keep or maintain any store, shop,
warehouse, dwelling, building, vehicle, boat, aircraft, or other
structure or place, which is resorted to by persons using
controlled substances in violation of this act for the purpose
of using these substances, or which is used for keeping or
selling them in violation of this act.
(b) Any person who violates this section is punishable by
a civil fine of not more than ten thousand dollars ($10,000.00);
provided, that if the violation is prosecuted by a complaint,
information or indictment which alleges that the violation was
committed knowingly or intentionally, and the trier of fact
specifically finds that the violation was committed knowingly or
intentionally such person is punishable by imprisonment for not
more than one (1) year or a fine of not more than ten thousand
dollars ($10,000.00), or both such fine and imprisonment.
35-7-1033. Unlawful acts; distribution; registration;
possession; records; counterfeiting; punishment.
(a) It is unlawful for any person knowingly or
intentionally:
(i) To distribute as a registrant a controlled
substance classified in Schedule I or II, except pursuant to an
order form as required by W.S. 35-7-1029;
(ii) To use in the course of the manufacture or
distribution of a controlled substance a registration number
which is fictitious, revoked, suspended, or issued to another
person;
(iii) To acquire or obtain possession of, to procure
or attempt to procure the administration of, or to obtain a
prescription for, any controlled substance by misrepresentation,
fraud, forgery, deception or subterfuge. The conduct prohibited
by this paragraph includes but is not limited to:
(A) Failing to disclose to a practitioner that
the person has received the same or similar controlled substance
or prescription for a controlled substance from another source
within the prior thirty (30) days;
(B) Alteration or forgery of a prescription or
written order for a controlled substance; and
(C) The use of a false name or address.
(iv) To furnish false or fraudulent material
information in, or omit any material information from, any
application, report, or other document required to be kept or
filed under this act, or any record required to be kept by this
act; or
(v) To make, distribute, or possess any punch, die,
plate, stone, or other thing designed to print, imprint, or
reproduce the trademark, trade name, or other identifying mark,
imprint, or device of another or any likeness of the foregoing
upon any drug or container or labeling thereof so as to render
the drug a counterfeit substance.
(b) Except for a violation of subparagraph (a)(iii)(B) of
this section and except as otherwise provided:
(i) A person who is convicted upon a plea of guilty
or no contest or found guilty of violating paragraph (a)(iii) of
this section is guilty of a misdemeanor punishable by
imprisonment for not more than six (6) months, a fine of not
more than seven hundred fifty dollars ($750.00), or both, and
the person may be ordered to receive a substance use disorder
assessment conducted by a substance use disorder provider
certified by the department of health pursuant to W.S. 9-2-
2701(c) before sentencing;
(ii) A person convicted upon a plea of guilty or no
contest or found guilty of a second offense of violating
paragraph (a)(iii) of this section is guilty of a misdemeanor
punishable by imprisonment for not more than one (1) year, a
fine of not more than one thousand dollars ($1,000.00), or both,
and the person shall be ordered to receive a substance use
disorder assessment conducted by a substance use disorder
provider certified by the department of health pursuant to W.S.
9-2-2701(c) before sentencing;
(iii) A person convicted upon a plea of guilty or no
contest or found guilty of a third or subsequent offense of
violating paragraph (a)(iii) of this section is guilty of a
felony punishable by imprisonment for not more than ten (10)
years, a fine of not more than ten thousand dollars
($10,000.00), or both;
(iv) In the event a substance use disorder assessment
ordered pursuant to this section is provided by an entity with
whom the department of health contracts for treatment services,
the costs of the assessment shall be paid by the offender
subject to the payment policies adopted pursuant to W.S. 35-1-
620; provided however, if the assessment is ordered as a result
of a felony conviction under this section, the assessment shall
be conducted and costs assessed pursuant to W.S. 7-13-1301, et
seq.;
(v) Notwithstanding any other provision of law, the
term of probation imposed by a court for a violation of
paragraph (a)(iii) of this section for a first or second
conviction may exceed the maximum term of imprisonment
established for the applicable offense under paragraph (i) or
(ii) of this subsection provided the term of probation, together
with any extension thereof, shall in no case exceed two (2)
years.
(c) Except as otherwise provided, any person who violates
this section is guilty of a crime and upon conviction may be
imprisoned for not more than five (5) years, or fined not more
than ten thousand dollars ($10,000.00), or both.
(d) A person convicted upon a plea of guilty or no contest
or found guilty of violating subparagraph (a)(iii)(B) of this
section is guilty of a felony punishable by imprisonment for not
more than ten (10) years, a fine of not more than ten thousand
dollars ($10,000.00), or both.
35-7-1034. Penalties are additional.
Any penalty imposed for violation of this act is in addition to,
and not in lieu of, any civil administrative penalty or sanction
otherwise authorized by law.
35-7-1035. Conviction or acquittal under federal law or
law of another state.
If a violation of this act is a violation of a federal law or a
law of another state, a conviction or acquittal under federal
law or the law of another state for the same act is a bar to
prosecution in this state.
35-7-1036. Distribution to person under 18; drug free
school zones.
(a) Any person eighteen (18) years of age or over who
violates W.S. 35-7-1031(a) by distributing methamphetamine or a
controlled substance listed in Schedules I or II which is a
narcotic drug to a person under eighteen (18) years of age who
is at least three (3) years his junior is punishable by the fine
authorized by W.S. 35-7-1031(a)(i), by a term of imprisonment of
up to twice that authorized by W.S. 35-7-1031(a)(i), or both.
Except as provided in subsection (c) of this section, any person
eighteen (18) years of age or over who violates W.S. 35-7-
1031(a) by distributing any other controlled substance listed in
Schedules I, II, III, to a person under eighteen (18) years of
age who is at least three (3) years his junior is punishable by
the fine authorized by W.S. 35-7-1031(a)(ii), by a term of
imprisonment up to twice that authorized by W.S. 35-7-
1031(a)(ii), or both. Any person eighteen (18) years of age or
over who violates W.S. 35-7-1031(a) by distributing any
controlled substance listed in Schedule IV to a person under
eighteen (18) years of age who is at least three (3) years his
junior is punishable by the fine authorized by W.S. 35-7-
1031(a)(iii), by a term of imprisonment up to twice that
authorized by W.S. 35-7-1031(a)(iii), or both. Any person
eighteen (18) years of age or over who violates W.S. 35-7-
1031(a) by distributing any controlled substance listed in
Schedule V to a person under eighteen (18) years of age who is
at least three (3) years his junior is punishable by the fine
authorized by W.S. 35-7-1031(a)(iv), by a term of imprisonment
up to twice that authorized by W.S. 35-7-1031(a)(iv), or both.
(b) Any person who is convicted of any of the following
listed offenses with regard to a controlled substance listed in
Schedules I through IV shall have the penalties specified in
this subsection imposed as part of the sentence and in addition
to any other penalties authorized by law, if that offense was
committed within any school bus as defined in W.S.
31-7-102(a)(xl) or within the boundaries of or within five
hundred (500) feet of the boundaries of real property used by a
school district primarily for the education of any student in
any grade from kindergarten through twelfth grade:
(i) If an adult:
(A) For manufacture, delivery or possession with
intent to manufacture or deliver in violation of W.S.
35-7-1031(a) or subsection (a) of this section:
(I) Imprisonment for a minimum of two (2)
years; and
(II) An additional fine of one thousand
dollars ($1,000.00).
(B) For possession in violation of W.S.
35-7-1031(c) an additional fine of five hundred dollars
($500.00).
(ii) If a minor and if not sentenced to a term of
imprisonment which is unsuspended:
(A) For manufacture, delivery or possession with
intent to manufacture or deliver in violation of W.S.
35-7-1031(a):
(I) Successful completion of a drug
education or rehabilitation program specified by the court;
(II) Not less than twenty-five (25) nor
more than two hundred (200) hours of community service specified
by the court; and
(III) Submission to monthly drug testing
for one (1) year.
(B) For possession in violation of W.S.
35-7-1031(c):
(I) Successful completion of a drug
education or rehabilitation program specified by the court;
(II) Not less than twenty-five (25) nor
more than one hundred (100) hours of community service specified
by the court; and
(III) Submission to monthly drug testing
for six (6) months.
(c) Any person who is at least eighteen (18) years of age
who violates W.S. 35-7-1031(a) by distributing fentanyl to a
person under eighteen (18) years of age is guilty of a felony
punishable by the fine authorized by W.S. 35-7-1031(a)(ii), by a
term of imprisonment up to twice that authorized by W.S. 35-7-
1031(a)(ii), or both. As used in this subsection, "fentanyl"
includes fentanyl and any isomer, ester, ether, salt and salt of
isomers, esters and ethers of fentanyl, whenever the existence
of these isomers, esters, ethers and salts is possible within
the specific chemical designation of fentanyl.
35-7-1037. Probation and discharge of first offenders.
Whenever any person who has not previously been convicted of any
offense under this act or under any statute of the United States
or of any state relating to narcotic drugs, marihuana, or
stimulant, depressant, or hallucinogenic drugs, pleads guilty to
or is found guilty of possession of a controlled substance under
W.S. 35-7-1031(c) or 35-7-1033(a)(iii)(B), or pleads guilty to
or is found guilty of using or being under the influence of a
controlled substance under W.S. 35-7-1039, the court, without
entering a judgment of guilt and with the consent of the
accused, may defer further proceedings and place him on
probation upon terms and conditions. Any term of probation
imposed under this section for a felony offense shall not exceed
the maximum term of probation authorized under W.S. 7-13-302(b).
Upon violation of a term or condition, the court may enter an
adjudication of guilt and proceed as otherwise provided. Upon
fulfillment of the terms and conditions, the court shall
discharge the person and dismiss the proceedings against him.
Discharge and dismissal under this section shall be without
adjudication of guilt and is not a conviction for purposes of
this section or for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime,
including the additional penalties imposed for second or
subsequent convictions under W.S. 35-7-1038. There may be only
one (1) discharge and dismissal under this section with respect
to any person. This section shall not be construed to provide an
exclusive procedure. Any other procedure provided by law
relating to suspension of trial or probation, may be followed,
in the discretion of the trial court.
35-7-1038. Second or subsequent offenses; mandatory
minimum penalty for certain subsequent offenses.
(a) Unless otherwise provided under W.S. 35-7-1031(c), any
person convicted of a second or subsequent offense under this
act may be imprisoned for a term up to twice the term otherwise
authorized, fined an amount up to twice that otherwise
authorized, or both. The judge may suspend part or all of the
discretionary portion of an imprisonment sentence or fine under
this subsection and place the defendant on probation pending
successful completion, at the defendant's own expense, of a
chemical addiction evaluation or treatment program prescribed by
the judge.
(b) For purposes of subsection (a) of this section, an
offense is a second or subsequent offense if, prior to his
conviction of the offense, the offender has at any time been
convicted under this act or under any statute of the United
States or of any state relating to narcotic drugs, marijuana,
depressant, stimulant or hallucinogenic drugs.
(c) This section shall not apply to offenses under W.S.
35-7-1031(c).
35-7-1039. Person using or under influence of controlled
substance.
Except as provided in W.S. 35-7-1064, any person who knowingly
or intentionally uses or is under the influence of a controlled
substance listed in Schedules I, II or III except when
administered or prescribed by or under the direction of a
licensed practitioner, shall be guilty of a misdemeanor and
shall be punished by imprisonment in the county jail not to
exceed six (6) months or a fine not to exceed seven hundred
fifty dollars ($750.00), or by both.
35-7-1040. Planting, cultivating or processing marihuana,
peyote or opium poppy.
Any person who knowingly or intentionally plants, cultivates,
harvests, dries, or processes any marihuana, peyote, or opium
poppy except as otherwise provided by law shall be guilty of a
misdemeanor and shall be punished by imprisonment not to exceed
six (6) months in the county jail or by a fine not to exceed one
thousand dollars ($1,000.00), or both.
35-7-1041. Distribution of liquid, substance or material
in lieu of controlled substance.
Any person who in any manner offers to unlawfully sell, furnish,
transport, administer, or give any controlled substance to any
person, or offers, arranges, or negotiates to have any
controlled substance unlawfully sold, delivered, transported,
furnished, administered, or given to any person and then sells,
delivers, furnishes, transports, administers, or gives, or
offers, arranges, or negotiates to have sold, delivered,
transported, furnished, administered or given to any person any
other liquid, substance, or material in lieu of any controlled
substance shall be punished by imprisonment for not more than
(1) year, or fined not more than one thousand dollars
($1,000.00) or by both such fine and imprisonment.
35-7-1042. Attempts and conspiracies.
Any person who attempts or conspires to commit any offense under
this article within the state of Wyoming or who conspires to
commit an act beyond the state of Wyoming which if done in this
state would be an offense punishable under this article, shall
be punished by imprisonment or fine or both which may not exceed
the maximum punishment prescribed for the offense the commission
of which was the object of the attempt or conspiracy.
35-7-1043. Immunity from prosecution.
All duly authorized peace officers including any special agents
or other personnel appointed by the commissioner, and probation
and parole agents as defined in W.S. 7-13-401, while
investigating violations of this act in performance of their
official duties, shall be immune from prosecution under this
act. Any person working under the immediate direction,
supervision or instruction of a duly authorized peace officer,
special agent or other person appointed by the commissioner, may
be granted immunity from prosecution under this act by the
commissioner. In addition to the foregoing persons, such
immunity may also be granted to any person whose testimony is
necessary to secure a conviction under this act with the consent
of district judge in the district wherein prosecution is to take
place. Any person granted immunity under this section shall not
be excused from testifying or producing evidence on the ground
that the testimony or evidence required of him may tend to
incriminate him or subject him to penalty or forfeiture. Any
person who except for the provisions of this act, would have
been privileged to withhold the testimony given or the evidence
produced by him shall not be prosecuted, subjected to any
penalty, forfeiture, for or on account of any transaction,
matter or thing concerning which, by reason of said immunity, he
gave testimony and produced evidence; and no such testimony
given or evidence produced shall be received against him in any
criminal proceeding. Provided, no person given immunity under
this section shall be exempt from prosecution for perjury or
contempt committed while giving testimony or producing evidence
under compulsion as provided in this section.
35-7-1044. Peyote delivered, possessed or used for
religious sacramental purposes.
Nothing in this act shall be construed to prohibit the delivery,
possession or use of peyote in natural form, when delivered,
possessed or used for bona fide religious sacramental purposes
by members of the Native American Church of Wyoming.
Article VI.
35-7-1045. Duties and powers of law enforcement officers;
search warrants.
(a) Notwithstanding the powers conferred upon the attorney
general by this act all law enforcement officers within this
state shall have the responsibility for the enforcement of this
act.
(b) Any special agent designated by the attorney general
and any law enforcement officer engaged in the enforcement of
this act may:
(i) Carry firearms in the performance of his official
duties;
(ii) Serve search warrants, arrest warrants,
administrative inspection warrants, subpoenas, and summonses
issued under the authority of this state;
(iii) Make arrests without warrant for any offense
under this act committed in his presence, or if he has probable
cause to believe that the person to be arrested has committed,
or is committing a violation of this act;
(iv) Make seizures of property pursuant to this act;
and
(v) Perform such other law enforcement duties as the
commissioner may designate.
(c) All prosecutions originating under this act shall be
the duty and obligation of the district attorney for the county
in which the offense occurred.
(d) A search warrant relating to offenses involving
controlled substances may be served at any time of the day or
night if the judge or district court commissioner issuing the
warrant is satisfied that there is probable cause to believe
that grounds exist for the warrant and for its service at such
time.
(e) Any officer authorized to execute a search warrant
relating to offenses involving controlled substances the penalty
for which is imprisonment for more than one (1) year may,
without notice of his authority and purpose, break open an outer
or inner door or window of a building, or any part of the
building, or anything therein, only if a district judge or
district court commissioner issuing the warrant: (i) is
satisfied that there is probable cause to believe that (A) the
property sought may and, if such notice is given, will be easily
and quickly destroyed or disposed of, or (B) the giving of such
notice will immediately endanger the life or safety of the
executing officer or another person; and (ii) has included in
the warrant a direction that the officer executing it shall not
be required to give such notice. Any officer acting under such
warrant, shall, as soon as practicable after entering the
premises, identify himself and give the reason and authority for
his entrance upon the premises.
35-7-1046. Administrative inspection warrants.
(a) Issuance and execution of administrative inspection
warrants for controlled premises as defined in this section
shall be as follows:
(i) Any district court judge or district court
commissioner upon proper oath or affirmation showing probable
cause, may issue warrants for the purpose of conducting
administrative inspections authorized by this act or rules
hereunder, and seizures of property appropriate to such
inspections. For purposes of the issuance of administrative
inspection warrants, probable cause exists upon showing a valid
public interest in the effective enforcement of this act, as it
relates to the regulation of the legitimate traffic in
controlled substances, sufficient to justify administrative
inspection of the area, premises, building or conveyance in the
circumstances specified in the application for the warrant;
(ii) A warrant shall issue only upon an affidavit of
a designated officer or employee of the board or of the
commissioner having knowledge of the facts alleged, sworn to
before the district judge or district court commissioner
establishing the grounds for issuing the warrant. If the
district judge or district court commissioner is satisfied that
grounds for the application exist or that there is probable
cause to believe they exist, he shall issue a warrant
identifying the area, premises, building, or conveyance to be
inspected, the purpose of the inspection, and, if appropriate,
the type of property to be inspected, if any. The warrant shall:
(A) State the grounds for its issuance and the
name of each person whose affidavit has been taken in support
thereof;
(B) Be directed to a person authorized by W.S.
35-7-1045 to execute it;
(C) Command the person to whom it is directed to
inspect the area, premises, building, or conveyance identified
for the purpose specified and, if appropriate, direct the
seizure of the property specified;
(D) Identify the item or types of property to be
seized, if any;
(E) Direct that it be served during normal
business hours and designate the judge to whom it shall be
returned.
(iii) A warrant issued pursuant to this section must
be executed and returned within ten (10) days of its date
unless, upon a showing of a need for additional time, the court
orders otherwise. If property is seized pursuant to a warrant, a
copy shall be given to the person from whom or from whose
premises the property is taken, together with a receipt for the
property taken. The return of the warrant shall be made
promptly, accompanied by a written inventory of any property
taken. The inventory shall be made in the presence of the person
executing the warrant and of the person from whose possession or
premises the property was taken, if present or in the presence
of at least one (1) credible person other than the person
executing the warrant. A copy of the inventory shall be
delivered to the person from whom or from whose premises the
property was taken and to the applicant for the warrant;
(iv) The judge or district court commissioner who has
issued a warrant shall attach thereto a copy of the return and
all papers returnable in connection therewith and file them with
the clerk of the district court for the judicial district in
which the inspection was made.
(b) The board may make administrative inspections of
controlled premises in accordance with the following provisions:
(i) For purposes of this section only, "controlled
premises" means:
(A) Places where persons registered or exempted
from registration requirements under this act are required to
keep records; and
(B) Places including factories, warehouses,
establishments, and conveyances in which persons registered or
exempted from registration requirements under this act other
than an ultimate user are permitted to hold, manufacture,
compound, process, sell, deliver, or otherwise dispose of any
controlled substance.
(ii) When authorized by an administrative inspection
warrant issued pursuant to subsection (a) of this section an
officer or employee designated by the board or commissioner,
upon presenting the warrant and appropriate credentials to the
owner, operator, or agent in charge, may enter controlled
premises for the purpose of conducting an administrative
inspection;
(iii) When authorized by an administrative inspection
warrant, an officer or employee designated by the board or
commissioner may:
(A) Inspect and copy records required by this
act to be kept;
(B) Inspect, within reasonable limits and in a
reasonable manner, controlled premises and all pertinent
equipment, finished and unfinished material, containers, and
labeling found therein, and except as provided in paragraph
(b)(v) of this section, all other things therein, including
records, files, papers, processes, controls, and facilities
bearing on violation of this act; and
(C) Inventory any stock of any controlled
substance therein and obtain samples thereof.
(iv) This section does not prevent the inspection
without a warrant of books and records pursuant to an
administrative subpoena issued in accordance with the Wyoming
Administrative Procedure Act and the rules promulgated
thereunder, nor does it prevent entries and administrative
inspections, including seizures of property, without a warrant:
(A) If the owner, operator, or agent in charge
of the controlled premises consents;
(B) In situations presenting imminent danger to
health or safety where a warrant is not constitutionally
required;
(C) In situations involving inspection of
conveyances if there is reasonable cause to believe that the
mobility of the conveyance makes it impracticable to obtain a
warrant;
(D) In any other exceptional or emergency
circumstance where time or opportunity to apply for a warrant is
lacking and a warrant is not constitutionally required; or
(E) In all other situations in which a warrant
is not constitutionally required.
(v) An inspection authorized by this section shall
not extend to financial data, sales data, other than shipment
data, or pricing data, unless the owner, operator, or agent in
charge of the controlled premises consents in writing.
35-7-1047. Injunctions against violations.
(a) The district courts of this state have jurisdiction to
restrain or enjoin violations of this act.
(b) The defendant may demand trial by jury for an alleged
violation of an injunction or restraining order under this
section.
35-7-1048. Cooperation with federal and other state
agencies.
(a) The state board of pharmacy and the commissioner shall
cooperate with federal and other state agencies in discharging
their responsibilities concerning traffic in controlled
substances and in suppressing the abuse of controlled
substances. To this end, they may:
(i) Arrange for the exchange of information among
governmental officials concerning the use and abuse of
controlled substances;
(ii) Coordinate and cooperate in training programs
concerning controlled substance law enforcement at local and
state levels;
(iii) Cooperate with the bureau by establishing a
centralized unit to accept, catalog, file, and collect
statistics, including records of drug dependent persons and
other controlled substance law offenders within the state, and
make the information available for federal, state, and local law
enforcement purposes. Unless otherwise provided by law, they
shall not furnish the name or identity of a patient or research
subject whose identity could not be obtained under privileged
communication acts; and
(iv) Conduct programs of eradication aimed at
destroying wild or illicit growth of plant species from which
controlled substances may be extracted.
(b) Results, information, and evidence received from the
bureau relating to the regulatory functions of this act,
including results of inspections conducted by it may be relied
and acted upon by the board or commissioner in the exercise of
the regulatory functions under this act.
35-7-1049. Forfeitures and seizures generally; property
subject to forfeiture.
(a) The following are subject to forfeiture:
(i) All controlled substances which have been
manufactured, distributed, dispensed or acquired in violation of
this act;
(ii) All raw materials, products, and equipment of
any kind which are used, or intended for use, in manufacturing,
compounding, processing, delivering, importing, or exporting any
controlled substances in violation of this act;
(iii) All property which is used as a container for
property described in paragraph (i) or (ii) of this subsection;
(iv) All books, records, and research products and
materials, including formulas, microfilm, tapes, and data, which
are used, or intended for use, in violation of this act;
(v) All conveyances including aircraft, vehicles or
vessels, knowingly used or intended for use to transport or in
any manner to knowingly facilitate the transportation for the
sale or receipt of property described in paragraph (i) or (ii)
of this subsection may be seized by the commissioner and
forfeited to the state pursuant to subsection (e) of this
section:
(A) No conveyance used by any person as a common
carrier in the transaction of business as a common carrier is
subject to forfeiture under this section unless it appears that
the owner or corporate officer is a consenting party or privy to
a violation of this act;
(B) No conveyance is subject to forfeiture under
this section by reason of any act committed without the
knowledge or consent of the owner;
(C) A conveyance is not subject to forfeiture
for a violation of W.S. 35-7-1031(c);
(D) A forfeiture of a conveyance encumbered by a
bona fide security interest is subject to the interest of the
secured party if he neither had knowledge of nor consented to
the act.
(vi) All "drug paraphernalia" as defined by W.S.
35-7-1002(a)(xxvii);
(vii) All buildings knowingly used or intended for
use to store, manufacture or distribute property described under
paragraph (i) or (ii) of this subsection if the owner has
knowledge of or gives consent to the act of violation. A
forfeiture of property encumbered by a bona fide security
interest is subject to the interest of the secured party if he
did not have knowledge of or give consent to the act;
(viii) Any property or other thing of pecuniary value
furnished in exchange for a controlled substance in violation of
this act including any proceeds, assets or other property of any
kind traceable to the exchange and any money, securities or
other negotiable instruments used to facilitate a violation of
this act. Property used or furnished without the consent or
knowledge of the owner is not forfeitable under this section to
the extent of his interest.
(b) Property subject to forfeiture under this act may be
seized by any law enforcement officer of the state upon process
issued by any district court or district court commissioner
having jurisdiction over the property. Seizure without process
may be made if:
(i) The seizure is incident to an arrest or a search
under a search warrant or an inspection under an administrative
inspection warrant;
(ii) The property subject to seizure has been the
subject of a prior judgment in favor of the state in a criminal,
injunction or forfeiture proceeding based upon this act;
(iii) The board or commissioner has probable cause to
believe that the property was used or is intended to be used in
violation of this act. Prior to property being seized by any law
enforcement officer of the state pursuant to this paragraph, the
following procedures shall be followed:
(A) The law enforcement officer shall
communicate with the commissioner regarding the facts and
circumstances involving the property to be seized. Based upon
the information provided, the commissioner shall determine
whether probable cause exists that the property identified by
the law enforcement officer was used or was intended to be used
in a violation of this act;
(B) If the commissioner determines there is
probable cause to seize the property, he shall direct the
officer to seize the property. At the time of the seizure, the
person or persons from whom the property was seized shall be
given written notice that the seized property is subject to
forfeiture. The notice shall include an advisement that:
(I) The person has the right to attend the
hearing required by subsection (c) of this section, but shall
not have the right to present evidence or cross examine any
witness;
(II) The person will be given at least
fifteen (15) days' notice of the time, date and location of the
hearing; and
(III) The purpose of the hearing is for a
court to determine whether there was probable cause to believe
that the property was used or was intended to be used in
violation of this act.
(C) If the commissioner determines there is no
probable cause to seize the identified property, he shall not
authorize the seizure of any property based upon that event or
occurrence and the officer shall not seize any property.
(c) Within thirty (30) days of the seizure, a probable
cause hearing shall be held in circuit court, in the county
where the property was seized to determine whether probable
cause existed to seize the property pursuant to paragraph
(b)(iii) of this section. One (1) or more of the law enforcement
officers who made the seizure shall testify under oath regarding
the facts and circumstances which established probable cause to
seize the property. The hearing shall be recorded by sound,
sound-and-visual or stenographic means. If the court determines,
based upon the evidence presented, that at the time of the
seizure:
(i) Probable cause did not exist to seize the
property, the court shall order the property to be immediately
returned to its lawful owner or one (1) of the persons from whom
it was seized; or
(ii) Probable cause existed to seize the property,
the court shall order that the commissioner may file an action
for the forfeiture of the property.
(d) In the event of seizure pursuant to subsection (b) of
this section, no action for the forfeiture of property pursuant
to this section shall be instituted unless it is brought within
one hundred twenty (120) days from the date of seizure or within
thirty (30) days following the completion of any criminal
prosecution relating to the seizure, whichever is later. All
forfeiture proceedings or actions shall be brought by the
commissioner.
(e) Property taken or detained under this section shall
not be subject to replevin, but is deemed to be in the custody
of the commissioner subject only to the orders and decrees of
the court having jurisdiction over the proceedings. When
property is seized under this act, the commissioner shall place
the property under seal or otherwise assure the property is
maintained under conditions reasonably necessary to preserve the
property's value or may sell the property and hold the proceeds
thereof if the property is perishable or threatens to decline
speedily in value until the forfeiture proceedings have become
final as to all parties and all rights of appeal have been
exhausted. In order to preserve the property, if cash, the
commissioner may deposit funds into a demand deposit account at
an institution located within the state of Wyoming.
(f) Before a forfeiture action may be filed and no later
than thirty (30) days from the date of entry of an order finding
probable cause pursuant to subsection (c) of this section, the
commissioner shall serve a notice of seizure and intended
forfeiture upon any third party, ascertained after reasonably
diligent inquiry, known to have an interest in the property. The
notice shall describe the date and location of the seizure, the
property seized and the statutory basis for the forfeiture. The
notice shall be served in accordance with the Wyoming Rules of
Civil Procedure except that service by publication shall not be
required. The notice requirements of this subsection shall not
apply to the party or parties from whom the property was
directly seized.
(g) A court shall not issue any forfeiture order unless
the notice under subsection (f) of this section has been
accomplished to the satisfaction of the court.
(h) After the commissioner is authorized by the court or
by this section to file a forfeiture action, the Wyoming Rules
of Civil Procedure shall govern the action unless in conflict
with subsections (j) through (n) of this section.
(j) The complaint to seek forfeiture of property under
this section shall describe with reasonable particularity:
(i) The approximate value of the property;
(ii) The facts giving rise to the seizure or custody;
(iii) The name and position of the person making the
seizure or taking the property into custody;
(iv) The name and address of the owners of the
property or those persons who were in possession of the property
at the time of the seizure; and
(v) The manner in which all parties reasonably known
to have an interest in the property seized were served in
accordance with subsection (f) of this section.
(k) In the action for the forfeiture of property, the
burden of proof shall be on the commissioner to establish by
clear and convincing evidence the extent to which, if any, the
property is subject to forfeiture.
(m) Subsequent to the commissioner carrying his burden of
proof pursuant to subsection (k) of this section, an interest in
property belonging to a third party shall not be forfeited to
the extent the third party establishes he has a perfected lien
in the property, proves by a preponderance of evidence that he
has a perfected priority interest in the property or that he is
an innocent owner. For purposes of this subsection:
(i) With respect to a property interest in existence
at the time the violation of this act took place, "innocent
owner" means a person who held an interest in the property and
neither had knowledge of nor consented to the violation;
(ii) With respect to a property interest acquired
after the violation of this act has taken place, "innocent
owner" means a person who, at the time that person acquired the
interest in the property:
(A) Was a bona fide purchaser or seller for
value of goods or services or a holder of a bona fide security
interest; and
(B) Did not know and was reasonably without
cause to believe the property was subject to forfeiture.
(n) The right to trial by jury applies to forfeiture
proceedings under this section.
(o) A person's interest in property is not subject to
forfeiture to the extent that the forfeiture is grossly
disproportionate to the gravity of the offense giving rise to
the forfeiture. The commissioner shall have the burden of
demonstrating by a preponderance of the evidence that a
forfeiture is not grossly disproportionate. Proportionality
shall be decided by the court as follows:
(i) In determining whether a forfeiture is grossly
disproportionate, the court shall consider:
(A) The extent to which the property was used or
intended to be used in executing the underlying offense;
(B) The value of the property, including both
its fair market and subjective value;
(C) The actions of the person involved in the
activity giving rise to the forfeiture proceedings;
(D) The severity of the criminal sanctions
associated with the actions of the person;
(E) Whether the property constitutes the
person's lawful livelihood or means of earning a living;
(F) Whether the offense or attempted offense has
severe collateral consequences; and
(G) Any other factors the court deems necessary
and relevant.
(ii) If the court finds the forfeiture is grossly
disproportionate to the offense, it shall reduce or eliminate
the forfeiture as it finds appropriate.
(p) In any forfeiture proceeding under this section, the
court shall award a prevailing property owner reasonable:
(i) Attorney fees and costs; and
(ii) Damages.
(q) The proceedings and judgment of forfeiture shall be in
rem and shall be against the property itself.
(r) When property is forfeited under this act, the
commissioner may:
(i) Retain it for official use; in which case it
shall become the property of the state of Wyoming;
(ii) Sell any such property which is not required to
be destroyed by law and which is not harmful to the public. The
proceeds shall be used for payment of all proper expenses of the
proceedings for forfeiture and sale, including expenses of
seizure, maintenance of custody, advertising and court costs;
(iii) Require the board to take custody of the
property and remove it for disposition in accordance with law;
(iv) Repealed by Laws 1983, ch. 160, § 2.
(v) Transfer ownership and control of the property to
any municipality or political subdivision of the state for its
official use; or
(vi) Authorize any law enforcement officer to apply
to the district court with jurisdiction for an order providing
for destruction of the contraband controlled substances or
paraphernalia if no longer necessary for evidentiary purposes,
provided, however, that a district court order shall not be
necessary for the division of criminal investigation to destroy
quantities of contraband controlled substances after the
division has tested random samples. The division of criminal
investigation shall adopt rules necessary to operate a program
to destroy bulk quantities of contraband controlled substances,
which shall include:
(A) The photographing and videotaping of the
entire bulk amount of seized contraband controlled substances to
maintain its evidentiary value and to create exhibits for use in
legal proceedings;
(B) The extraction of ten (10) random samples
from the entire bulk amount of seized contraband controlled
substances for laboratory analysis;
(C) A weighing on properly calibrated scales of
both the bulk amount of seized contraband controlled substances
and the representative samples;
(D) The additional retention of:
(I) Five (5) ounces of organic material if
the controlled substance is marihuana or a substance of similar
organic composition;
(II) Five (5) grams of a controlled
substance in powdered or crystalline form;
(III) Five-tenths (0.5) of a gram of a
controlled substance in liquid form;
(IV) An amount sufficient for testing by
experts shall be made available from the additionally retained
sample for the purpose of defending criminal charges arising
from the possession, use or sale of the controlled substance.
(E) After the testing and retention of samples
specified in this paragraph, the commissioner or his designee
may order the destruction of the bulk amount of the seized
contraband controlled substance in excess of the representative
sample and the additional retained samples of the seized
contraband controlled substance;
(F) Once the representative samples and the
additional retained samples of the contraband controlled
substance are no longer necessary for evidentiary purposes, any
law enforcement officer, upon authorization from the
commissioner, may apply to the district court with jurisdiction
for an order providing for the destruction of the remaining
contraband controlled substance.
(s) Any controlled substance listed in Schedules I through
V that is possessed, transferred, sold or offered for sale in
violation of this act is contraband and shall be seized and
summarily forfeited to the state. Any controlled substance
listed in Schedules I through V which is seized or comes into
possession of the state and the owner is unknown, is contraband
and shall be summarily forfeited to the state.
(t) Species of plants from which controlled substances in
Schedules I and II may be derived which have been planted or
cultivated in violation of this act, or of which the owners or
cultivators are unknown, or which are wild growths, may be
seized and summarily forfeited to the state.
(u) The failure, upon demand by the commissioner, or his
authorized agent, of the person in occupancy or in control of
land or premises upon which the species of plants are growing or
being stored, to produce an appropriate registration, or proof
that he is the holder thereof, constitutes authority for the
seizure and forfeiture of the plants.
(w) Any law enforcement agency of this state may accept,
receive, dispose of and expend the property or proceeds from any
property forfeited to the federal government or any state and
allocated to the agency by the United States attorney general
pursuant to 21 U.S.C. 881(e) or any law of another state. The
property or proceeds shall be in addition to funds appropriated
to the law enforcement agency by the state legislature or any
unit of local government. The property or proceeds may be
credited to any lawfully created fund or account designated to
receive proceeds of forfeitures.
(y) Any law enforcement agency of this state which
receives property or proceeds pursuant to subsection (w) of this
section shall report to the attorney general on forms to be
prescribed by the attorney general:
(i) The receipt of property or proceeds within thirty
(30) days from the receipt; and
(ii) The disposition or expenditure of any property
or proceeds within ninety (90) days from the disposition or
expenditure.
(z) The attorney general shall submit an annual report to
the joint appropriations interim committee and the joint
judiciary interim committee not later than August 1 concerning
recipients and the amount of property and proceeds accepted,
received, disposed of or expended during the prior calendar year
under this section by law enforcement agencies, other than
property subject to summary forfeiture.
(aa) No law enforcement agency of this state shall accept
property or proceeds pursuant to subsection (w) of this section
if the tender of the property or proceeds is conditioned upon
the state law enforcement agency's adoption of federal law
enforcement practices and procedure.
(bb) A law enforcement officer may not request, require or
in any manner induce any person to execute a document purporting
to waive, for purpose of forfeiture under this section, the
person's interest in or rights to property seized, and provided:
(i) Any document obtained by a law enforcement
officer purporting to waive a person's interest in or right to
property seized under this section is null and void; and
(ii) Nothing in this subsection prohibits the
commissioner, after a hearing and a finding of probable cause as
required by subsection (c) of this section, from requesting a
person to waive the person's interest in or rights to property.
35-7-1050. Burden of proof; liability of officers.
(a) It is not necessary for the state to negate any
exemption or exception in this act in any complaint,
information, indictment, or other pleading or in any trial,
hearing, or other proceeding under this act. The burden of proof
of any exemption or exception is upon the person claiming it.
(b) In the absence of proof that a person is the
authorized holder of an appropriate registration or order form
issued under this act, he is presumed not to be the holder of
the registration or form. The burden of proof is upon him to
rebut the presumption.
(c) No liability is imposed by this act upon any
authorized state, county, or municipal officer engaged in the
lawful performance of his duties.
35-7-1051. Review of decisions of board or commissioner.
All final administrative determinations, findings and
conclusions of the board or commissioner under this act are
final and conclusive decisions of the matters involved. Any
person aggrieved by the decision may obtain review of such
decision in accordance with the Administrative Procedure Act.
Findings of fact by the board or commissioner, if supported by
substantial evidence, are conclusive.
35-7-1052. Educational programs; research.
(a) The commissioner may carry out educational programs
designed to prevent and deter misuse and abuse of controlled
substances. In connection with these programs he may:
(i) Promote better recognition of the problems of
misuse and abuse of controlled substances within the regulated
industry and among interested groups and organizations;
(ii) Assist the regulated industry and interested
groups and organizations in contributing to the reduction of
misuse and abuse of controlled substances;
(iii) Consult with interested groups and
organizations to aid them in solving administrative and
organizational problems;
(iv) Evaluate procedures, projects, techniques, and
controls conducted or proposed as part of educational programs
on misuse and abuse of controlled substances;
(v) Disseminate the results of research on misuse and
abuse of controlled substances to promote a better public
understanding of what problems exist and what can be done to
combat them; and,
(vi) Assist in the education and training of state
and local law enforcement officials in their efforts to control
misuse and abuse of controlled substances.
(b) The commissioner may encourage research on misuse and
abuse of controlled substances. In connection with the research,
and in furtherance of the enforcement of this act, he may:
(i) Establish methods to assess accurately the
effects of controlled substances and identify and characterize
those with potential for abuse;
(ii) Make studies and undertake programs of research
to:
(A) Develop new or improved approaches,
techniques, systems, equipment, and devices to strengthen the
enforcement of this act;
(B) Determine patterns of misuse and abuse of
controlled substances and the social effects thereof; and,
(C) Improve methods for preventing, predicting,
understanding, and dealing with the misuse and abuse of
controlled substances.
(iii) Enter into contracts with public agencies,
institutions of higher education, and private organizations or
individuals for the purpose of conducting research,
demonstrations, or special projects which bear directly on
misuse of controlled substances.
(c) The commissioner may enter into contracts for
educational and research activities without performance bonds.
(d) The commissioner shall authorize persons engaged in
research on the use and effects of controlled substances to
withhold the names and other identifying characteristics of
individuals who are the subjects of the research. Persons who
obtain this authorization are not compelled in any civil,
criminal, administrative, legislative, or other proceeding to
identify the individuals who are the subjects of research for
which the authorization was obtained.
(e) The commissioner may authorize the possession and
distribution of controlled substances by persons engaged in
research. Persons who obtain this authorization are exempt from
state prosecution for possession and distribution of controlled
substances to the extent of the authorization.
Article VII.
35-7-1053. Miscellaneous provisions.
(a) Prosecution for any violation of law occurring prior
to the effective date of this act is not affected or abated by
this act. If the offense being prosecuted is similar to one set
out in Article V of this act, the penalties under Article V
apply if they are less than those under prior law.
(b) Civil seizures or forfeitures and injunctive
proceedings commenced prior to the effective date of this act
are not affected by this act.
(c) All administrative proceedings pending under prior
laws which are superseded by this act shall be continued and
brought to a final determination in accord with the laws and
rules in effect prior to the effective date of the act. Any
substance controlled under prior law which is not listed within
Schedules I through V is automatically controlled without
further proceedings and shall be listed in the appropriate
schedule.
(d) The board shall initially permit persons to register
who own or operate any establishment engaged in the manufacture,
distribution, or dispensing of any controlled substance prior to
the effective date of this act and who are registered or
licensed by the state.
(e) This act applies to violations of law, seizures and
forfeiture, injunctive proceedings, administrative proceedings
and investigations which occur following its effective date.
35-7-1054. Existing orders and rules.
Any orders and rules promulgated under any law affected by this
act and in effect on the effective date of this act and not in
conflict with it continue in effect until modified, superseded,
or repealed.
35-7-1055. Construction.
This act shall be so applied and construed as to effectuate its
general purpose to make uniform the law with respect to the
subject of this act among those states which enact similar
legislation.
Article VIII.
35-7-1056. Delivery of, or possession with intent to
deliver, drug paraphernalia.
It is unlawful for any person to deliver, or possess with intent
to deliver, drug paraphernalia. Any person who violates this
section is guilty of a crime and, upon conviction, may be
imprisoned for not more than six (6) months, fined not more than
seven hundred fifty dollars ($750.00), or both.
35-7-1057. Delivery of drug paraphernalia to a minor.
Any adult who violates W.S. 35-7-1056 by delivering drug
paraphernalia to a minor is guilty of a crime and, upon
conviction, may be imprisoned for not more than five (5) years,
fined not more than two thousand five hundred dollars
($2,500.00), or both.
Article IX.
35-7-1058. Definitions.
(a) As used in this section and W.S. 35-7-1059:
(i) "Booby trap" means any concealed or camouflaged
device designed to cause bodily injury when triggered by any
action of a person making contact with the device. "Booby trap"
includes guns, ammunition or explosive devices attached to trip
wires or other triggering mechanisms, sharpened stakes, nails,
spikes, electrical devices, lines or wire with hooks attached
and devices for the production of toxic fumes or gases;
(ii) "Clandestine laboratory operation" means:
(A) Purchasing or procuring chemicals, supplies,
equipment or a laboratory location for the illegal manufacture
of controlled substances;
(B) Transporting or arranging for the
transportation of chemicals, supplies or equipment for the
illegal manufacture of controlled substances;
(C) Setting up equipment or supplies in
preparation for the illegal manufacture of controlled
substances; or
(D) Distributing or disposing of chemicals,
equipment, supplies or products used in or produced by the
illegal manufacture of controlled substances.
(iii) "Disposal" means abandoning, discharging,
depositing, injecting, dumping, spilling, leaking or placing any
hazardous or dangerous material into or on any property, land or
water so that the material may enter the environment, be emitted
into the air or discharged into any waters, including
groundwater;
(iv) "Equipment" or "laboratory equipment" means all
products, components or materials of any kind when used,
intended for use or designed for use in the manufacture,
preparation, production, compounding, conversion or processing
of a controlled substance in violation of this section or W.S.
35-7-1059. "Equipment" or "laboratory equipment" includes:
(A) Glass reaction vessel;
(B) Separatory funnel;
(C) Glass condensor;
(D) Analytical balance; or
(E) Heating mantle.
(v) "Hazardous or dangerous material" means any
substance which because of its quantity, concentration, physical
characteristics or chemical characteristics may cause or
significantly contribute to an increase in mortality, an
increase in serious illness or may pose a substantial present or
potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or
otherwise improperly managed;
(vi) "List I controlled substance precursor" means,
including a chemical reagent, any salt, isomer or salt of an
isomer of:
(A) Anthranilic acid;
(B) Barbituric acid;
(C) Benzaldehyde;
(D) Benzyl chloride;
(E) Benzyl cyanide;
(F) D-lysergic acid;
(G) Diethyl malonate;
(H) Ephedrine;
(J) Ergonovine;
(K) Ergotamine;
(M) Ethyl malonate;
(N) Ethylamine;
(O) Hydriotic acid;
(P) Insosafrole;
(Q) Malonic acid;
(R) Methylamine;
(S) 3,4-methylenedioxyphenyl-2-propanone;
(T) Morpholine;
(U) N-acetylanthranilic acid;
(W) N-ethylephedrine;
(Y) N-ethylpseudoephedrine;
(Z) N-methylephedrine;
(AA) N-methylpseudoephedrine;
(BB) Norpseudoephedrine;
(CC) Nitroethane;
(DD) Phenyl-2-propanone;
(EE) Phenylacetic acid;
(FF) Phenylpropanolamine;
(GG) Piperidine;
(HH) Piperonal;
(JJ) Propionic anhydride;
(KK) Pseudoephedrine;
(MM) Pyrrolidine;
(NN) Safrole.
(vii) "List II controlled substance precursor" means,
including a chemical reagent, any salt, isomer or salt of an
isomer of:
(A) Acetic anhydride;
(B) Acetone;
(C) 2-butanone;
(D) Ethyl ether;
(E) Hydrochloric acid;
(F) Iodine;
(G) Potassium permanganate;
(H) Toluene.
(viii) Repealed by Laws 2019, ch. 186, § 2.
35-7-1059. Unlawful clandestine laboratory operations;
methamphetamine precursors; presumptively illegal amount;
methamphetamine precursor sales limitations; registration
requirements; reports; penalties.
(a) It is unlawful for any person to knowingly or
intentionally:
(i) Possess a List I or II controlled substance
precursor with the intent to engage in a clandestine laboratory
operation;
(ii) Possess laboratory equipment or supplies with
the intent to engage in a clandestine laboratory operation;
(iii) Sell, distribute or otherwise supply a List I
or II controlled substance precursor, laboratory equipment or
laboratory supplies knowing it will be used for a clandestine
laboratory operation;
(iv) Conspire with or aid another to engage in a
clandestine laboratory operation.
(b) A person who violates subsection (a) of this section
is guilty of a felony punishable by imprisonment for not more
than twenty (20) years, a fine of not more than twenty-five
thousand dollars ($25,000.00), or both.
(c) A person who violates subsection (a) of this section
is guilty of a felony punishable by imprisonment for not more
than twenty-five (25) years, a fine of not more than fifty
thousand dollars ($50,000.00), or both if the judge or jury also
finds any one (1) of the following conditions occurred in
conjunction with that violation:
(i) Illegal possession, transportation or disposal of
hazardous or dangerous material or while transporting or causing
to be transported materials in furtherance of a clandestine
laboratory operation, there was created a substantial risk to
human health or safety or a danger to the environment;
(ii) The intended laboratory operation was to take
place or did take place within five hundred (500) feet of a
residence, business, church or school; or
(iii) Any phase of the clandestine laboratory
operation was conducted in the presence of a person less than
eighteen (18) years of age.
(d) A person who violates subsection (a) of this section
is guilty of a felony punishable by imprisonment for not more
than forty (40) years, a fine of not more than one hundred
thousand dollars ($100,000.00), or both if the judge or jury
also finds any one (1) of the following conditions occurred in
conjunction with that violation:
(i) Use of a firearm;
(ii) Use of a booby trap.
(e) Except as provided in this subsection, no person shall
possess a drug product containing more than fifteen (15) grams
of ephedrine, pseudoephedrine or phenylpropanolamine, or their
salts, isomers or salts of isomers. This subsection shall not
apply to the following persons who are lawfully possessing drug
products in the course of legitimate business:
(i) A retail distributor or wholesaler of drug
products registered with the board;
(ii) A wholesale drug distributor licensed by the
board;
(iii) A drug manufacturer licensed by the board;
(iv) A pharmacist licensed by the board;
(v) A licensed health care professional possessing
the drug products in the course of practicing his profession;
(vi) A person in possession of more than fifteen (15)
grams of methamphetamine precursor drugs in the person's home or
residence under circumstances consistent with typical medicinal
or household use as indicated by, but not limited to, storage
location and possession of products in a variety of strengths,
brands, types, purposes and expiration dates.
(f) A person who knowingly or intentionally violates
subsection (e) of this section is guilty of a felony punishable
by imprisonment for not more than fifteen (15) years, a fine of
twenty-five thousand dollars ($25,000.00), or both.
(g) The retail sale of methamphetamine precursor drugs
shall be limited as follows:
(i) No person shall obtain more than a total of three
and six-tenths (3.6) grams per calendar day, regardless of the
number of transactions, of one (1) or more methamphetamine
precursor drugs, calculated in terms of the active equivalent of
ephedrine base, pseudoephedrine base or phenylpropanolamine
base;
(ii) Sales in blister packs, each blister containing
not more than two (2) dosage units or, when the use of blister
packs is not technically feasible, sales in unit dose packets or
pouches;
(iii) No person shall obtain more than nine (9) grams
of ephedrine base, pseudoephedrine base or phenylpropanolamine
base, of which no more than seven and one-half (7.5) grams can
be imported by private or commercial carrier or the United
States postal service, during any thirty (30) day period.
(h) No person shall sell in a single retail transaction
more than two (2) packages of a product containing
methamphetamine precursor drugs. The seller shall maintain a
written or electronic list of such sales in a logbook that
identifies the products by name, the quantity sold, the names
and addresses of purchasers, and the date and time of the sales
except that such requirement does not apply to any purchase by
an individual of a single sales package if that package contains
not more than sixty (60) milligrams of pseudoephedrine. The
seller shall maintain each entry in the logbook for not fewer
than two (2) years after the date on which the entry is made.
The regulated seller who in good faith releases logbook
information to federal, state or local law enforcement
authorities is immune from civil liability for such release
unless the release constitutes gross negligence or intentional,
wanton or willful misconduct.
(j) A retail distributor of products containing
methamphetamine precursors shall sell them in one (1) of the
following ways:
(i) Product packages are displayed behind a store
counter, in an area not accessible to customers;
(ii) Product packages are displayed in a locked case
so that a customer must ask a store employee for assistance in
purchasing the product;
(iii) Product packages are displayed within thirty
(30) feet of and in the direct line of sight of a cash register
or store counter staffed by a store employee and the store
employs a reliable alarm system to prevent the theft of multiple
product packages;
(iv) Product packages are displayed in a location
that is under constant video surveillance and:
(A) Persons examining or removing packages are
within the camera's view;
(B) The video camera records recognizable images
at least once every ten (10) seconds;
(C) Surveillance images are preserved for at
least one hundred sixty-eight (168) hours and are available to
law enforcement authorities immediately upon request;
(D) The retail distributor posts a sign in a
prominent manner stating that the area is under constant video
surveillance;
(E) The retail distributor reports to local law
enforcement any theft or suspected thefts.
(k) A person who intentionally or knowingly violates
subsection (g), (h) or (j) of this section is guilty of a
misdemeanor punishable by a fine of one hundred dollars
($100.00) for a first offense, five hundred dollars ($500.00)
for a second offense within two (2) years and one thousand
dollars ($1,000.00) and up to six (6) months imprisonment, or
both, for a third offense within three (3) years.
(m) A resident or nonresident retailer, manufacturer or
wholesaler who distributes ephedrine, pseudoephedrine or
phenylpropanolamine, or their salts, isomers or salts of isomers
in Wyoming shall:
(i) Register with the board by submitting an
application on a form prescribed by the board and pay a
registration fee of twenty-five dollars ($25.00). Where the
retailer, manufacturer or wholesaler distributions are conducted
at more than one (1) location, each location shall be separately
registered. Except as provided in subsection (n) of this
section, those facilities registered with the board under W.S.
35-7-1024 on July 1, 2005, shall not be required to register
under this section;
(ii) Notify the board of the occurrence of any of the
following:
(A) The permanent closing of the retailer,
manufacturer or wholesaler outlet;
(B) A change in ownership, name, management or
location.
(iii) Be subject to inspection by the board.
Inspections shall be conducted during normal business hours and
shall be limited to the following:
(A) For retail distribution, inspection of the
method of display and sale of any drug products covered by this
section;
(B) For manufacturer or wholesaler distribution,
inspection of the purchase and sale records of any drug products
covered by this section.
(iv) Display the registration issued by the board in
a conspicuous location in the place of business;
(v) Repealed By Laws 2011, Ch. 45, § 2.
(n) A registration issued under this section shall be
renewed annually, on or before September 30, by submitting a
renewal application supplied by the board and paying the renewal
fee of twenty-five dollars ($25.00). Renewal applications
postmarked after September 30 shall be subject to a late fee of
fifty dollars ($50.00) which shall be in addition to the renewal
fee.
(o) The board may revoke, suspend or assess an
administrative penalty for violations of subsection (m) of this
section not to exceed one hundred dollars ($100.00) for a first
offense, five hundred dollars ($500.00) for a second offense
within two (2) years and one thousand dollars ($1,000.00) for a
third offense within three (3) years. Any administrative
penalty assessed shall be paid to the board who shall remit the
monies to the county treasurer to the credit of the public
school fund of the county in which the violation occurred.
(p) For purposes of this section, "methamphetamine
precursor drug" means any product that contains ephedrine,
pseudoephedrine or phenylpropanolamine or liquid products with
ephedrine or pseudoephedrine as the sole active ingredient and
may be marketed or distributed lawfully in the United States
under the Federal Food, Drug and Cosmetic Act as a
nonprescription drug.
Article X.
35-7-1060. Controlled substance prescription tracking
program.
(a) In addition to other duties and responsibilities as
provided by this act, the board shall maintain a computerized
program to track prescriptions for controlled substances for the
purposes of assisting patients, practitioners and pharmacists to
avoid inappropriate use of controlled substances and of
assisting with the identification of illegal activity related to
the dispensing of controlled substances. The tracking program
and any data created thereby shall be administered by the board,
and the board may charge reasonable fees to help defray the
costs of operating the program. Any fee shall be included with
and in addition to other registration fees established by the
board as authorized in W.S. 35-7-1023. The board shall
promulgate rules to administer the tracking program under this
section. Rules adopted under this subsection may specify
requirements and procedures for practitioners, pharmacists and
any other person authorized or required to use the tracking
program.
(b) Except as otherwise provided in this subsection, when
a practitioner, other than a veterinarian, prescribes a schedule
II, III, IV or V controlled substance, the practitioner or his
delegate shall search the prescription tracking program for
prior prescriptions issued to the patient before first issuing
the prescription and as needed thereafter based on current best
practice guidelines for the practitioner's licensed profession,
except for prescribed opioids for which the practitioner or his
delegate shall repeat the search every three (3) months
thereafter for as long as the prescribed opioids remain a part
of the patient's treatment. A practitioner who prescribes a
schedule V controlled substance shall only be required to search
the program as otherwise provided in this subsection if the
substance is an opioid. A dispenser, other than a veterinarian,
shall electronically file with the board information regarding
any prescription for a schedule II, III, IV or V controlled
substance dispensed by the dispenser no later than the close of
business on the business day immediately following the day the
controlled substance was dispensed. The board may grant a
reasonable time extension to a dispenser or practitioner who is
unable to electronically file or search information as required
under this subsection. The board may require the filing of other
prescriptions and may specify the manner in which the
prescriptions are filed. The board may, by rule and regulation,
provide exemptions from the requirements of this subsection
including but not limited to exemptions for prescriptions
dispensed in certain inpatient health care settings, for
settings where the risk for diversion or misuse of medication is
found by the board to be minimal and exemptions for emergencies
and other situations as determined by the board in consultation
with other professional licensing boards that license
practitioners who are affected by the requirements of this
subsection.
(c) The tracking program shall not be used to infringe on
the legal use of a controlled substance. Information obtained
through the controlled substance prescription tracking program
is confidential and may not be released and is not admissible in
any judicial or administrative proceeding, except as follows:
(i) The board may release information to
practitioners and practitioner appointed delegates and to
pharmacists and pharmacist appointed delegates when the release
of the information may be of assistance in preventing or
avoiding inappropriate use of controlled substances. The board
shall release information to practitioners and practitioner
appointed delegates and to pharmacists and pharmacist appointed
delegates when the release of the information is necessary to
comply with the requirements of subsection (b) of this section;
(ii) The board shall report any information that it
reasonably suspects may relate to fraudulent or illegal activity
to the appropriate law enforcement agency and the relevant
occupational licensing board;
(iii) The board may release information to the
patient to whom the information pertains or his agent or, if the
patient is a minor, to his parents or guardian;
(iv) The board may release information to a third
party if the patient has signed a consent specifically for the
release of his controlled substance prescription information to
the specific third party;
(v) The board may release information that does not
identify individual patients, practitioners, pharmacists or
pharmacies, for educational, research or public information
purposes;
(vi) Subject to the rules of evidence, information
obtained from the program is admissible in a criminal proceeding
or an administrative proceeding involving professional
licensing;
(vii) The board may establish data sharing agreements
for purposes of this section and may release information to
participating states when the release of the information may be
of assistance in preventing or avoiding inappropriate use of
controlled substances.
(d) Unless there is shown malice, gross negligence,
recklessness or willful and wanton conduct in disclosing
information collected under this act, the board, any other state
agency and any other person or entity in proper possession of
information as provided by this section shall not be subject to
any civil or criminal liability or action for legal or equitable
relief.
(e) The board may apply for and accept any gifts, grants
or donations to assist in developing and maintaining the program
required by this section.
(f) The board may conduct a survey or audit of a
practitioner's usage of the state computerized program to track
prescriptions in relation to the practitioner's prescribing
patterns. If the board finds low or inappropriate usage of the
program the board shall report its findings to the
practitioner's professional licensing board.
35-7-1061. Repealed by Laws 2015, ch. 135, § 2.
35-7-1062. Repealed by Laws 2015, ch. 135, § 2.
35-7-1063. Exceptions to provisions.
(a) The provisions and penalties of this chapter shall not
apply to:
(i) The possession or use of hemp or hemp products
for any purpose or application;
(ii) Persons in possession of any controlled
substances for purposes of disposal in accordance with 21 C.F.R.
part 1317.30 and 21 C.F.R. part 1317.35;
(iii) Hemp production, processing or testing in
accordance with the provisions of W.S. 11-51-101 through 11-51-
107 and 14-3-310.
(b) As used in this section:
(i) "Hemp" or "hemp product" means all parts, seeds
and varieties of the plant cannabis sativa l. or a product made
from that plant with no synthetic substances and with a THC
concentration of not more than three-tenths of one percent
(0.3%) on a dry weight basis;
(ii) "Synthetic substance" means as defined by W.S.
11-51-101(a)(viii);
(iii) "THC" means as defined by W.S. 11-51-
101(a)(vii).
35-7-1064. Drug overdose; limited immunity from
prosecution.
(a) A person who, in good faith, seeks medical assistance
for himself or another person is immune from criminal
prosecution for an offense listed in subsection (c) of this
section if:
(i) The person reasonably believes he or another
person is experiencing a drug overdose event;
(ii) The person provides a description of the actual
location of the drug overdose event;
(iii) The person remains at the scene of the drug
overdose event until a responding law enforcement officer or
emergency medical service provider arrives or the person remains
at the medical care facility where the person experiencing the
drug overdose event is located until a responding law
enforcement officer arrives;
(iv) The person cooperates with a responding law
enforcement officer, emergency medical service provider or
medical care provider, including by providing information about
the person experiencing the drug overdose event and the type of
substance that may have caused the drug overdose event; and
(v) The offense listed in subsection (c) of this
section arises from the same course of events as the drug
overdose event.
(b) The immunity from prosecution under subsection (a) of
this section shall extend to the person experiencing the drug
overdose event if all the conditions specified in subsection (a)
of this section are satisfied.
(c) The immunity from prosecution under subsection (a) of
this section shall apply to the following offenses:
(i) Possession of a controlled substance under W.S.
35-7-1031(c);
(ii) Use of a controlled substance under W.S. 35-7-
1039.
(d) A person experiencing a drug overdose event shall only
be eligible to receive immunity from prosecution under this
section not more than two (2) times in a twelve (12) month
period. The limitations under this subsection shall not apply to
the person who seeks medical assistance for himself or another
person in accordance with subsection (a) of this section. A
person experiencing a drug overdose event shall be eligible to
receive immunity for a second time in a twelve (12) month period
under this subsection only upon the person completing, after the
second qualifying drug overdose event, a drug treatment program
approved by the applicable district attorney. The district
attorney shall approve a drug treatment program consistent with
the results of a substance abuse assessment administered at the
expense of the person who experienced the drug overdose event.
(e) As used in this section:
(i) "Drug overdose event" means a condition,
including extreme physical illness, a decreased level of
consciousness or respiratory depression that a reasonable person
would believe requires medical assistance to address and correct
resulting from the consumption or use of a controlled substance
or another substance combined with a controlled substance;
(ii) "Good faith" does not include seeking medical
assistance or immunity under this section as a result of using a
controlled substance during the course of a law enforcement
agency's execution of a search warrant, arrest warrant or other
lawful search or arrest.
(f) Nothing in this section shall be interpreted to:
(i) Prohibit the criminal prosecution of a person for
an offense other than the offenses specified in subsection (c)
of this section;
(ii) Limit the authority of a law enforcement officer
to obtain or use evidence obtained from a report, recording or
other statement provided by a person seeking medical assistance
for himself or another person under this section to investigate
and prosecute an offense other than the offenses listed in
subsection (c) of this section.
ARTICLE 11 - WYOMING NARCOTICS AND DRUG ABUSE BOARD
35-7-1101. Established; composition; compensation of
members.
There is hereby established the "Wyoming narcotics and drug
abuse board". The board shall be composed of the attorney
general of Wyoming or his designee, the director of the
department of health or his designee and the members of the
board of pharmacy. The members shall not receive any
compensation in the performance of their duties, but they shall
receive per diem, travel expense and mileage expense in the same
manner and amount as employees of the state.
ARTICLE 12 - INEDIBLE MEAT RENDERING AND PROCESSING
35-7-1201. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1202. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1203. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1204. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1205. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1206. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1207. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1208. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1209. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1210. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1211. Repealed By Laws 2000, Ch. 37, § 4.
ARTICLE 13 - DONATIONS OF FOOD
35-7-1301. Donation of food; exemption from civil
liability.
(a) No person who donates food to a nonprofit organization
for use or distribution in providing assistance shall be liable
for damages in any civil action resulting from the nature, age,
condition or packaging of the donated food except that the
exemption does not apply to the willful, wanton or reckless acts
of donors which result in injury to recipients of the donated
food. For the purposes of this section, "nonprofit organization"
includes any corporation organized under W.S. 17-19-101 through
17-19-1807 and does not include organizations which sell or
offer to sell donated food.
(b) Any nonprofit organization, which serves or provides
food to persons for their consumption as described in subsection
(a) of this section, is liable for any injury resulting from the
ingesting of the donated food received, accepted, gathered or
removed by that organization, only if that injury is caused by a
willful, wanton or reckless act of the organization.
(c) Any nonprofit organization that receives any donated
food pursuant to subsection (a) of this section shall not sell
or offer to sell the donated food.
(d) Nothing in this section is intended to restrict the
authority of any appropriate agency to regulate or ban the use
of donated food for human consumption.
35-7-1302. Donation of game animals.
(a) Any game animal, including any big game animal, elk,
deer, mountain sheep, wild goat, antelope, moose or bear,
lawfully taken by a licensed hunter may be donated to a
nonprofit organization under the provisions of W.S. 35-7-1301 to
feed individuals in need.
(b) Any donated big game meat shall be subject to the
following:
(i) Come from an animal in apparent good health prior
to slaughter;
(ii) Come from an animal with intact intestines;
(iii) Be field-dressed immediately after slaughter
and be handled in a manner in keeping with generally accepted
wild game handling procedures;
(iv) Be processed as soon as possible after slaughter
by a custom meat processor or custom game processor;
(v) Be clearly marked as "not for sale";
(vi) Be clearly marked as "donated game meat" in
letters not less than three-eights (3/8) of an inch in height;
(vii) Shall not come from any road-kill animal and
any road-kill animal shall not be eligible for donation under
this section.
(c) Any organization receiving donated game meat shall be
advised by the donor or meat processor that the meat should be
thoroughly cooked prior to human consumption. Prior to serving
any donated game meat, the nonprofit organization shall
prominently post a sign indicating the meat is donated game
meat, the type of meat processing used, and that the meat has
not been inspected.
(d) Any game animal in the possession of the Wyoming game
and fish department may be donated if the provisions of this
section are followed.
(e) No donated game meat shall be bought, sold or offered
for sale or barter by any person.
(f) The department of agriculture shall have authority to
examine, sample, seize or condemn any donated game meat if the
department has reason to believe the meat is unwholesome under
the Wyoming Food, Drug and Cosmetic Safety Act, W.S. 35-7-109 et
seq.
ARTICLE 14 - FOOD ESTABLISHMENT LICENSING
35-7-1401. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1402. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1403. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1404. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1405. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1406. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1407. Repealed By Laws 2000, Ch. 37, § 4.
35-7-1408. Repealed By Laws 2000, Ch. 37, § 4.
ARTICLE 15 - TOBACCO IMPORTATION
35-7-1501. Federal requirements; placement of labels;
penalty.
(a) No person shall import into this state any package of
cigarettes that violates any federal requirement for the
placement of labels, warnings, or other information, including
health hazards, required to be placed on the container or
individual package.
(b) No person shall sell or offer to sell a package of
cigarettes or affix the stamp or imprint required by W.S.
39-18-101 et seq. on a package of cigarettes unless that package
of cigarettes complies with all federal tax laws, federal
trademark and copyright laws, and federal laws regarding the
placement of labels, warnings or any other information upon a
package of cigarettes.
(c) No person shall sell or offer to sell a package of
cigarettes or affix the stamp or imprint required by W.S.
39-18-101 et seq. on a package of cigarettes if the package is
marked as manufactured for use outside of the United States or
if any label or language has been altered from the
manufacturer's original packaging and labeling to conceal the
fact that the package was manufactured for use outside of the
United States.
(d) No person shall affix a stamp, label or decal on a
package of cigarettes to conceal the fact that the package was
manufactured for use outside of the United States.
(e) No person shall sell or offer to sell a package of
cigarettes on which a stamp, label or decal was affixed to
conceal the fact that the package was manufactured for use
outside of the United States.
(f) The violation of any provision of this section is a
misdemeanor punishable as provided by W.S. 6-10-104.
(g) Any package of cigarettes found at any place in this
state that is marked for use outside of the United States is
declared to be contraband goods and may be seized without a
warrant by the department of revenue, by its agents or
employees, or by any peace officer in this state when directed
or requested by the department to do so. Nothing in this
section shall be construed to require the department to
confiscate packages of cigarettes that are so marked when it has
reason to believe that the owner possesses the cigarettes for
personal use and not for resale.
(h) Any cigarettes seized by virtue of the provisions of
subsection (g) of this section shall be confiscated, and the
department shall destroy the confiscated goods.
35-7-1502. Federal requirements; affixing labels; penalty.
(a) No person shall import into this state any tobacco
product that violates any federal requirement for the placement
of labels, warnings, or other information, including health
hazards, required to be placed on the container or individual
package.
(b) No person shall sell or offer to sell any tobacco
product unless the package or container of the tobacco product
complies with all federal tax laws, federal trademark and
copyright laws, and federal laws regarding the placement of
labels, warnings, or any other information upon a package or
container of tobacco products.
(c) No person shall sell or offer to sell any tobacco
product if the package or container is marked as manufactured
for use outside of the United States or if any label or language
has been altered from the manufacturer's original packaging and
labeling to conceal the fact that the package or container of
tobacco products was manufactured for use outside of the United
States.
(d) No person shall affix a stamp, label, or decal on a
package or container of tobacco products to conceal the fact
that the package or container of tobacco products was
manufactured for use outside of the United States.
(e) No person shall sell or offer to sell any tobacco
product on which a stamp, label, or decal was affixed to conceal
the fact that the package or container of tobacco products was
manufactured for use outside of the United States.
(f) The violation of any provision of this section is a
misdemeanor punishable as provided by W.S. 6-10-104.
(g) Any package or container of tobacco products found at
any place in this state that is marked for use outside of the
United States is declared to be contraband goods and may be
seized without a warrant by the department of revenue, its
agents or employees, or by any peace officer in this state when
directed or requested by the department to do so. Nothing in
this section shall be construed to require the department to
confiscate packages or containers of tobacco products that are
so marked when it has reason to believe that the owner possesses
the tobacco products for personal use and not for resale.
(h) Any tobacco products seized by virtue of the
provisions of subsection (g) of this section shall be
confiscated, and the department shall destroy the confiscated
goods.
ARTICLE 16 - DRUG DONATION PROGRAM
35-7-1601. Short title.
This act shall be known and may be cited as the "Drug Donation
Program Act".
35-7-1602. Definitions.
(a) For purposes of this act:
(i) "Prescription drug" means a pharmaceutical drug
which is required by any applicable federal or state law to be
dispensed only pursuant to a health care provider's
prescription;
(ii) "Health care facility" means as defined in W.S.
35-2-901(a)(x) and that is additionally authorized to maintain
an inventory of pharmaceutical drugs for dispensing to the
facility's patients or residents;
(iii) "Department" means the department of health.
35-7-1603. Drug donation, redispensing and disposal
program established; minimum requirements.
(a) The department shall establish pursuant to its rules
and regulations a voluntary drug donation and disposal program
as provided in this section.
(b) The drug donation and redispensing program shall have
the following features:
(i) Any person or entity, including but not limited
to a drug manufacturer, physician or health care facility, may
donate drugs to the drug donation program;
(ii) Drugs may be donated at a donation site
maintained by the department, a take back event approved by the
United States drug enforcement agency or at a physician's
office, a pharmacy or a health care facility that elects to
participate in the program and meets criteria established by the
department;
(iii) Drugs shall be redispensed under the drug
donation program only if they are in their original, unopened,
sealed packaging or, if the outside packaging is opened, the
contents are single unit doses that are individually contained
in unopened, tamper evident packaging;
(iv) A drug shall not be redispensed within two (2)
months of its expiration date or if the drug appears to be
adulterated or misbranded in any way;
(v) Drugs in the donation program may be dispensed
under the Medical Assistance and Services Act;
(vi) Drugs shall be delivered either to the
department's central collection facility, a take back event
approved by the United States drug enforcement agency or one (1)
of its regional collection facilities;
(vii) Drugs available for redispensing shall be
inventoried and posted on a list of drugs available for
redispensing on the department's internet website;
(viii) The department shall provide access to
computer systems and technical assistance to aid individuals in
applying for government and private prescription drug programs
and discounts.
(c) To the extent authorized by applicable federal law,
the drug drop off and disposal program shall have the following
features:
(i) Drop off locations shall be located with donation
sites as provided in paragraph (b)(ii) of this section or local
law enforcement agencies approved by the United States drug
enforcement agency to the extent necessary under federal law;
(ii) Procedures shall be maintained for the
documentation of all collected unused medication;
(iii) Procedures shall be maintained for the
environmentally safe disposal of unused medications;
(iv) The department shall provide for public
education of potential participating consumers about the
availability of the drug disposal program and proper and
effective disposal of unused medications;
(v) The department shall cooperate with law
enforcement agencies to the extent required for the collection
under law enforcement supervision or the secure collection,
storage, transport and destruction of controlled substances.
35-7-1604. Program participants.
(a) A physician, pharmacy or health care facility that
accepts donated drugs under the drug donation program shall
comply with all applicable provisions of state and federal law
relating to the storage, distribution and dispensing of such
drugs and shall inspect all donated drugs prior to dispensing to
determine if they appear to be adulterated or misbranded in any
way.
(b) Donated drugs may be distributed to another
participating physician, pharmacy or health care facility for
dispensing.
(c) Donated drugs shall only be dispensed to a patient
pursuant to prescription as required by law.
(d) A physician, pharmacy or health care facility may
charge a handling fee for distributing or dispensing drugs under
the drug donation program, as established by department rules
and regulations, but shall not otherwise resell or charge for
donated drugs.
35-7-1605. Participant immunity.
(a) In the absence of bad faith, any person who
participates in donating, accepting, distributing or dispensing
drugs under this act and in accordance with federal law shall be
immune from civil or criminal liability or professional
disciplinary action of any kind for any related injury, death or
loss. No person, in the absence of bad faith, shall be liable
for the bad faith of another relating to the provisions of this
act.
(b) The immunity provided by this section shall not
decrease or increase the civil or criminal liability of a drug
manufacturer, distributor or dispenser that would have existed
but for the donation.
35-7-1606. Rules and regulations; agency cooperation.
(a) The department, in cooperation with the Wyoming board
of pharmacy, shall promulgate rules and regulations implementing
the drug donation program established by this act. Initial
rules shall be promulgated within ninety (90) days after the
effective date of this act and shall include:
(i) Eligibility criteria and other standards and
procedures for participating physicians and health care
facilities;
(ii) Necessary forms for administration of the drug
donation program, including forms for persons donating,
accepting, distributing or dispensing drugs under the program;
(iii) Maximum handling fees;
(iv) Categories of drugs that the program will and
will not accept.
ARTICLE 17 - WYOMING TRADITIONAL FOOD ACT
35-7-1701. Short title.
This article is known and may be cited as the "Wyoming
Traditional Food Act."
35-7-1702. Definitions.
(a) As used in this article:
(i) "Traditional event or activity" means an occasion
where potentially hazardous and not potentially hazardous foods
have traditionally been, and are presently, stored and prepared
in a private home or a place other than an establishment, which
is equipped for the storage and preparation of food for
consumption or use in conducting traditional activities,
including but not limited to the preparation of food:
(A) For family and nonpaying guests;
(B) For weddings, funerals, potluck dinners,
charitable dinners and charitable cook-offs or functions as
defined in W.S. 35-7-110(a)(xxix);
(C) For the sales of donated foods which are
prepared for consumption and the sales are sponsored by a
nonprofit entity as a fundraiser to support its purposes;
(D) For outdoor activities such as picnics,
barbeques, roundups, camping or outdoor work conducted by
employees or volunteers;
(E) By utilizing kitchen equipment provided by
employers as a convenience for the storage and preparation of
foods for consumption on the premises by employees and nonpaying
guests.
35-7-1703. Wyoming Traditional Food Act; purpose.
Notwithstanding any other provisions of law, there shall be no
licensure, permitting, certification, inspection, packaging or
labeling required by any state governmental agency or any agency
of any political subdivision of the state which pertains to the
preparation, serving, use, consumption or storage of foods at a
traditional event or activity. Nothing in this article shall
preclude an agency from providing assistance, consultation or
inspection, when requested by the traditional event or activity
organizer.
ARTICLE 18 - RIGHT TO TRY ACT
35-7-1801. Short title.
This article is known and may be cited as the "Right To Try
Act."
35-7-1802. Definitions.
(a) As used in this article:
(i) "Eligible patient" means a person who has:
(A) A terminal illness;
(B) Considered all other treatment options
currently approved by the United States food and drug
administration;
(C) Received a recommendation from a physician
for an investigational drug, biological product or device;
(D) Given written, informed consent for the use
of the investigational drug, biological product or device or, if
the patient is a minor or lacks the mental capacity to provide
informed consent, a parent or legal guardian has given written
informed consent on the patient's behalf; and
(E) Documentation from a physician that the
person meets the requirements of this paragraph.
(ii) "Investigational drug, biological product or
device" means a drug, biological product or device that has
successfully completed phase one of a clinical trial but has not
yet been approved for general use by the United States Food and
Drug Administration and remains under investigation in a
clinical trial;
(iii) "Terminal illness" means a disease that,
without life-sustaining procedures, will soon result in death or
a state of permanent unconsciousness from which recovery is
unlikely.
35-7-1803. Availability of investigational drugs,
biological products or devices; insurance coverage.
(a) A manufacturer of an investigational drug, biological
product or device may make the drug, product or device available
to eligible patients in accordance with the provisions of this
section. Nothing in this section shall be construed to require
a manufacturer to make available any drug, product or device.
(b) A health care insurer may, but is not required to,
provide coverage for the cost of an investigational drug,
biological product or device.
(c) Nothing in this section expands the coverage provided
in W.S. 26-20-301.
35-7-1804. Action against physician license prohibited.
Notwithstanding any other provision of law, the Wyoming state
board of medicine shall not revoke, fail to renew, suspend or
take any other action against a physician's license issued
pursuant to W.S. 33-26-101 et seq., based solely on the
physician's recommendations to an eligible patient regarding
access to or treatment with an investigational drug, biological
product or device, as long as the recommendations are consistent
with medical standards of care.
35-7-1805. Access to investigational drugs, biological
products and devices.
An official, employee or agent of this state shall not block or
attempt to block an eligible patient's access to an
investigational drug, biological product or device. Counseling,
advice or a recommendation consistent with medical standards of
care from a licensed health care provider is not a violation of
this section.
35-7-1806. No cause of action created.
This article does not create a private cause of action against a
manufacturer of an investigational drug, biological product or
device, or against any other person or entity involved in the
care of an eligible patient using the investigational drug,
biological product or device, so long as the manufacturer or
other person or entity is complying in good faith with the terms
of this article.
ARTICLE 19 - SUPERVISED MEDICAL USE OF HEMP EXTRACTS
35-7-1901. Repealed by Laws 2019, ch. 173, § 3.
35-7-1902. Repealed by Laws 2019, ch. 173, § 3.
35-7-1903. Repealed by Laws 2019, ch. 173, § 3.
ARTICLE 20 - VAPOR PRODUCT SAFETY
35-7-2001. Definitions.
(a) As used in this article:
(i) "Child resistant packaging" means packaging that
meets the standards set forth in 16 C.F.R. 1700.15(b), as
amended as of July 1, 2015, when tested in accordance with the
method described in 16 C.F.R. 1700.20, as amended as of July 1,
2015;
(ii) "Liquid nicotine container" means a bottle or
other container of a liquid or other substance containing
nicotine where the liquid or substance is sold, marketed or
intended for use in a vapor product. A liquid nicotine
container shall not include a liquid or other substance
containing nicotine in a cartridge that is sold, marketed or
intended for use in a vapor product provided that the cartridge
is prefilled and sealed by the manufacturer and not intended to
be opened by the consumer;
(iii) "Vapor product" means any noncombustible
product containing nicotine that employs a heating element,
power source, electronic circuit or other electronic, chemical
or mechanical means, regardless of shape or size, that can be
used to produce vapor from nicotine in a solution or other form.
"Vapor product" includes any electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe or similar product
or device, including any vapor cartridge or other container of
nicotine in a solution or other form that is intended to be used
with or in an electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe or similar product or device. "Vapor
product" does not include any product regulated as a drug or
device by the United States food and drug administration under
subchapter V of the Food, Drug and Cosmetic Act.
35-7-2002. Child resistant packaging required.
(a) Any liquid nicotine container sold to consumers in
this state shall be sold in child resistant packaging.
(b) Any person who sells a liquid nicotine container in
violation of subsection (a) of this section is guilty of a
misdemeanor and upon conviction shall be punished by a fine of
not more than seven hundred fifty dollars ($750.00) for the
first violation and by a fine of not more than one thousand five
hundred dollars ($1,500.00) for each subsequent violation.
(c) This article shall be enforced by the consumer health
services division of the department of agriculture. The
division's inspection or enforcement duties under this
subsection may be performed by a county or local department of
health with which the division has a memorandum of understanding
for inspections.
ARTICLE 21 - INDUSTRIAL HEMP
35-7-2101. Repealed by Laws 2019, ch. 173, § 3.
35-7-2102. Repealed by Laws 2019, ch. 173, § 3.
35-7-2103. Repealed by Laws 2019, ch. 173, § 3.
35-7-2104. Repealed by Laws 2019, ch. 173, § 3.
35-7-2105. Repealed by Laws 2019, ch. 173, § 3.
35-7-2106. Repealed by Laws 2019, ch. 173, § 3.
35-7-2107. Repealed by Laws 2019, ch. 173, § 3.
35-7-2108. Repealed by Laws 2019, ch. 173, § 3.
35-7-2109. Repealed by Laws 2019, ch. 173, § 3.
ARTICLE 22 - KRATOM PRODUCT REGULATION
35-7-2201. Definitions.
(a) As used in this act:
(i) "Adulterated" means the addition of a controlled
substance, a synthesized alkaloid or semi-synthesized alkaloid
into a kratom product;
(ii) "Alkaloid fraction" means a portion of a plant
or plant extract that contains primarily alkaloid compounds;
(iii) "Controlled substance" means as defined by W.S.
35-7-1002(a)(iv);
(iv) "Kratom leaf" means the leaf of the mitragyna
speciosa plant in fresh, dehydrated or dried form;
(v) "Kratom leaf extract" means the material
extracted from a kratom leaf through the application of a
solvent consisting of water, ethanol, food-grade carbon dioxide
or another solvent allowed by federal or state law to be used in
the manufacturing of a food ingredient;
(vi) "Kratom product" means a food or dietary
supplement that consists of or contains any part of the kratom
leaf, kratom leaf extract or any kratom alkaloid, kratom
constituent or kratom metabolite. "Kratom product" shall not
include any synthesized alkaloid or semi-synthesized alkaloid;
(vii) "Retailer" means a business of any kind at a
specific location that sells kratom products to a user or
consumer;
(viii) "Semi-synthesized alkaloid" means an alkaloid
or alkaloid derivative contained in kratom leaf extract that has
been exposed to chemicals or processes that would confer a
structural change in the alkaloids, including but not limited to
oxidation, reduction and ring opening and closing, resulting in
material that has been chemically altered;
(ix) "Synthesized alkaloid" means an alkaloid or
alkaloid derivative of the kratom leaf that has been created by
chemical synthesis or biosynthetic means, including
fermentation, recombinant techniques, yeast-derived techniques
and enzymatic techniques. "Synthesized alkaloid" shall not
include an alkaloid or alkaloid derivative of the kratom leaf
that has been created by traditional food preparation
techniques, including but not limited to heating or extracting;
(x) "This act" means W.S. 35-7-2201 through 35-7-
2203.
35-7-2202. Kratom product regulation; penalties.
(a) A person is guilty of a violation of this act if the
person:
(i) Knowingly prepares, distributes, delivers,
advertises, sells or offers for sale a kratom product:
(A) That is adulterated;
(B) To a person less than twenty-one (21) years
of age;
(C) That contains a level of 7-hydromitragynine
in the alkaloid fraction that is greater than two percent (2%)
of the alkaloid composition of the kratom product;
(D) That is a confection, mimics a candy product
or is manufactured, packaged, labeled or distributed in a way
that is appealing to children, including in the distinct shape
of a human, animal or fruit; or
(E) That is combustible or intended for
vaporization.
(ii) Knowingly prepares, distributes, delivers,
advertises, sells or offers for sale a kratom product that does
not have a label that clearly and conspicuously states on each
retail package:
(A) The name and address for the place of
business of the manufacturer or distributor of the kratom
product;
(B) The full list of ingredients of the kratom
product;
(C) Disclosure and advice:
(I) Against use by persons who are less
than twenty-one (21) years of age, pregnant or breastfeeding;
(II) To consult a health care provider
prior to use;
(III) That the use of kratom products may
be habit forming;
(IV) That kratom products may interact with
certain medications, drugs and controlled substances.
(D) The following statements:
(I) "These statements have not been
evaluated by the United States food and drug administration.
This product is not intended to diagnose, treat, cure or prevent
any disease."; and
(II) "Keep out of reach of children."
(E) Directions for use that include:
(I) A recommended amount of the kratom
product per serving;
(II) The number of recommended servings per
package;
(III) A recommended number of servings of
the kratom product that can be safely consumed in a twenty-four
(24) hour period; and
(IV) Quantitative declarations of the
amounts of mitragynine and 7-hydroxymitragynine per serving of
the kratom product.
(iii) Displays or stores kratom products in a retail
location in a manner that would permit the products to be
accessed by persons less than twenty-one (21) years of age; or
(iv) Manufactures, packages, distributes or labels a
kratom product or delivers a kratom product to a person less
than twenty-one (21) years of age that:
(A) Contains synthesized alkaloids or semi-
synthesized alkaloids; or
(B) Has a level of 7-hydroxymitragynine in the
alkaloid fraction that is greater than two percent (2%) of the
alkaloid composition of the product.
(b) A violation of this act is a misdemeanor punishable by
imprisonment for not more than one (1) year, a fine of not more
than one thousand dollars ($1,000.00), or both.
(c) The state chemist shall, pursuant to W.S. 35-7-201 and
when requested by law enforcement or the department of health,
analyze kratom products to determine whether the requirements of
paragraphs (a)(i) and (iv) of this section are being followed.
(d) Any retailer violating this act for a third or
subsequent time within a two (2) year period may be subject to
an injunction. The department of health or the district attorney
of the county in which the offense occurred may petition the
district court for an injunction to prohibit the sale of kratom
products in the establishment where the violation occurred. If a
court finds that the retailer in the action has violated the
provisions of this act for a third or subsequent time within a
two (2) year period and may continue to violate this act, it may
grant an injunction prohibiting the retailer from selling kratom
products in the establishment where the violation occurred for a
period of not more than one hundred eighty (180) days. For the
purposes of this subsection, multiple violations occurring
before the petition for the injunction is filed shall be deemed
part of the violation for which the injunction is sought. If the
person against whom the injunction is sought operates multiple,
geographically separate establishments, the injunction shall
apply only to the establishment where the violation occurred.
The injunction shall prohibit all sales of kratom products in
the establishment where the violation occurred, regardless of
any change in ownership or management of the establishment that
is not a bona fide, arms length transaction while the injunction
is in effect.
(e) It is an affirmative defense to a prosecution under
this act that, in the case of a sale, the retailer who sold the
kratom product was presented with, and reasonably relied upon,
an identification card which identified the person buying or
receiving the kratom product as being over twenty-one (21) years
of age.
(f) Notwithstanding the provisions of this act, no fine
for a violation of subsection (a) of this section shall be
imposed for a first offense in any twenty-four (24) month period
if a retailer can show it has:
(i) Adopted and enforced a written policy against
selling kratom products to persons under the age of twenty-one
(21) years;
(ii) Informed its employees of the applicable laws
regarding the sale of kratom products to persons under the age
of twenty-one (21) years;
(iii) Required employees to verify the age of kratom
product customers by way of photographic identification or by
means of electronic transaction scan device; and
(iv) Established and imposed disciplinary sanctions
for noncompliance.
35-7-2203. Compliance inspections.
(a) The department of health, working with local law
enforcement agencies and other local persons and organizations
at the discretion of the department, shall be the lead agency to
ensure compliance with this act.
(b) The department of health shall develop strategies to
coordinate and support local law enforcement efforts to enforce
all state statutes relating to the prohibition of the sale of
kratom products to persons under twenty-one (21) years of age.
(c) The department of health shall have discretion to:
(i) Work with each local law enforcement agency
within the state; and
(ii) Coordinate local enforcement efforts that
appropriately reflect the needs of the community.
(d) To coordinate the enforcement of state statutes
relating to the prohibition of the sale of kratom products to
persons under twenty-one (21) years of age and to comply with
applicable federal law, the department of health shall have
authority to contract with or provide grants to local law
enforcement agencies or other local persons or entities having
the appropriate level of enforcement authority on the local
level to conduct random, unannounced inspections at retail
locations where kratom products are sold. The local law
enforcement agencies or other local persons or entities
authorized to conduct inspections shall be permitted to use
minors and persons under twenty-one (21) years of age subject to
the following:
(i) Prior to the inspection, the local law
enforcement agency or other authorized person shall obtain the
written consent of the person being used in the inspection or if
using a minor, the written consent of the minor's parents or
guardian shall be obtained prior to the minor participating in
an inspection. The written consent required under this paragraph
shall include a notification that testimony in a subsequent
court proceeding may be required;
(ii) Any person under twenty-one (21) years of age
participating in an inspection shall, if questioned, state his
true age and that he is less than twenty-one (21) years of age;
(iii) The appearance of a person under twenty-one
(21) years of age shall not be altered to make the person appear
to be twenty-one (21) years of age or older;
(iv) Neither a minor nor the minor's parents or
guardians shall be coerced into participating in such
inspections;
(v) The person conducting the inspection shall
photograph the participant immediately before the inspection and
any photographs taken of the participant shall be retained by
the person conducting the inspection.
(e) The person conducting an inspection under this section
shall:
(i) Remain within sight or sound of the participant
attempting to make the purchase;
(ii) After an inspection is complete, immediately
inform in writing a representative or agent of the business
establishment that an inspection has been performed and the
results of the inspection;
(iii) Within two (2) days, prepare a report of the
inspection containing:
(A) The name of the person who supervised the
inspection;
(B) The age and date of birth of the participant
who assisted in the inspection;
(C) The name and position of the person from
whom the participant attempted to purchase kratom products;
(D) The name and address of the establishment
inspected;
(E) The date and time of the inspection; and
(F) The results of the inspection, including
whether the inspection resulted in the sale or distribution of,
or offering for sale, kratom products to a person under twenty-
one (21) years of age.
(iv) Immediately upon completion of the report
required under this subsection, provide a copy of the report to
a representative or agent of the business establishment that was
inspected;
(v) Request a law enforcement officer to issue a
citation for any illegal acts relating to providing kratom
products to persons under twenty-one (21) years of age during
the inspection.
CHAPTER 8 - CEMETERIES AND BURIALS
ARTICLE 1 - IN GENERAL
35-8-101. Survey and platting of cemetery grounds.
Any person, firm, corporation or municipality desiring to
maintain a cemetery or to sell lots or parcels of land for
cemetery or burial purposes shall cause such land, or such
portion thereof as may, from time to time be or become necessary
for that purpose, to be surveyed into lots, blocks, streets,
avenues and walks, and platted; and the lots and blocks shall be
regularly numbered or designated and marked on such plat. The
plat of the ground so surveyed and platted, and the dedication
of the streets, avenues and walks as set forth therein, shall be
duly executed and acknowledged by the person, firm, corporation
or municipality owning such property in accord with the
requirements for the conveyances of real property and shall be
filed and recorded in the office of the county clerk of the
county in which the land so platted is situated; and when so
platted, filed and recorded the streets, avenues and walks as
therein dedicated to the public, shall be the property of the
county in which such cemetery is situated for the use and
benefit of the owners of lots and blocks therein.
35-8-102. Conveyance of cemetery lots.
Cemetery lots or blocks may be conveyed by certificates signed
by the owner thereof, with the corporate or municipal seal
attached and attested by the secretary or clerk in appropriate
cases, specifying that the person to whom the same is issued is
the owner of the lot or block, described therein by number or
other symbol, for the purpose of interment, and such certificate
shall vest in the person designated therein, his heirs or
assigns, a right in fee simple to such lot or block for the sole
purpose of interment, under the regulations of the owner
thereof, and such certificate shall be entitled to be recorded
in the office of the county clerk in the proper county, without
further acknowledgment, and such description of lots shall be
deemed and recognized as a sufficient description thereof.
35-8-103. Use of income derived from sale of lots;
perpetual care fund; funds to be as a trust; not liable to
attachment or garnishment.
The proceeds arising from the sale of lots in any cemetery by
any person, firm, corporation or municipality, and all other
income and revenue thereof, shall be exclusively applied,
appropriated or used in improving, preserving and embellishing
such cemetery, and its appurtenances, and to paying the
necessary operating expenses thereof, and shall not be applied
or appropriated to any purpose of profit to the person, firm,
corporation or municipality owning or maintaining same;
provided, that any mutual cemetery corporation or municipality
may use such income and revenue for purchasing or acquiring
additional adjacent grounds for cemetery purposes only;
provided, however, any cemetery organized by any individual,
group of individuals, corporation or association, except
municipal corporations and duly organized cemetery districts
shall establish a perpetual care fund in an amount equal to at
least ninety cents ($.90) for each square foot of cemetery lot
sold after the effective date of this act. In support of, and
for the protection of such perpetual care fund, there shall be
established a trust fund in such amount and under such terms and
conditions, including bonded protection of a permanent and
enduring nature, as the insurance commissioner of the state of
Wyoming may prescribe to carry out the objectives and
contractual commitments and trust of such individual,
corporation or association. In the case of the operation of a
mausoleum for the sale of vaults or crypts therein the perpetual
care fund shall be twenty percent (20%) of the purchase price.
Such fund shall be operated as a perpetual trust according to
requirements approved by the insurance department, and shall be
used for the benefit of the grave sales and cemetery lots for
which deposits shall have been made. The insurance commissioner
shall specify securities approved for the investment of the
funds which shall include investment of funds with a duly
licensed Wyoming bank, trust company, or federal building and
loan association, and may require an audit of all of the books
and accounts of the cemetery as the need may arise. The cemetery
organization shall file a copy of a purchase contract or
installment contract for lot or lots, if any there be, with the
insurance commissioner when said contract is entered into and
shall forthwith notify the insurance commissioner of the final
payment or default, if any be made, of such contract or
contracts. Any and all funds received and invested as stipulated
in this act, and the income therefrom, shall be as a trust and
shall not be liable to attachment, garnishment, or other
processes, nor shall be seized, taken or appropriated or applied
by any legal or equitable processes or operation of law to pay
any debt or liability of the person, partnership, association,
company or corporation organizing or thereafter operating such
cemetery.
35-8-104. Exemption from taxation.
All property of any person, firm, corporation or municipality so
platted and dedicated for cemetery purposes, shall be exempt
from taxation, assessment, lien, attachment, and from levy and
sale upon execution, except for the purchase price thereof.
35-8-105. Prohibited acts; penalty for violation.
Any person, firm, or the managing officer or officers of any
corporation or municipality that sells, contracts for sale, or
in any other manner disposes of any lot, block or parcel of land
for interment or burial of deceased persons therein, either for
money or other thing of value, without having complied with all
of the provisions of this act, and any person, firm, or the
managing officer or officers of any corporation or municipality
that uses any of the proceeds, income, revenue or profits from
the sale of any lot, block or parcel of land for the interment
or burial of deceased persons therein, for his private gain or
benefit, excepting only those operating reserve or endowment
fund cemeteries as provided in this act, shall be deemed guilty
of a misdemeanor, and upon conviction thereof such person or
firm or the managing officer or officers of such corporation or
municipality shall be fined any sum not to exceed one hundred
dollars ($100.00), or be imprisoned in the county jail for not
to exceed three (3) months, or both.
ARTICLE 2 - MUNICIPAL CEMETERIES
35-8-201. Power of cities and towns with respect to
cemeteries.
In addition to the powers conferred upon them by law, each
incorporated city or town in the state of Wyoming shall have
power and authority to purchase, hold, and pay for lands, not
exceeding eighty (80) acres in one (1) body, outside of the
limits of any incorporated city or town, for the purpose of the
burial of the dead; to have and exercise such police
jurisdiction over the same, and over any cemetery lying near
said city or town and used by the inhabitants thereof, as may be
necessary for the proper control and regulation of the same; to
survey, plat, map, grade, fence, ornament, and otherwise improve
all burial and cemetery grounds and the avenues or streets
leading thereto, owned by the city or town; to construct walks,
rear and protect ornamental trees therein, and provide for
paying the cost thereof; to convey cemetery lots owned by such
city or town, and to issue deeds of conveyance therefor in such
form and with such conditions therein as may be prescribed by
the mayor and council of such city or town, which deeds of
conveyance shall be signed by the mayor and attested by the city
clerk of such city or town; to limit the number of cemetery lots
which shall be owned by the same person at the same time; and to
prescribe rules for enclosing and adorning cemetery lots, and
the erection of monuments and tombstones thereon.
35-8-202. Purchase of grounds outside corporate limits.
For the purpose of carrying out any of the powers conferred by
this act, any such city or town may go beyond its corporate
limits and purchase, or otherwise acquire, real property.
35-8-203. Bond issue; purposes for which issue authorized;
denominations, form, interest and issuance.
An incorporated city or town in the state of Wyoming is
authorized, for the purpose of providing funds for purchasing
and improving lands for cemetery purposes, to borrow money and
to issue negotiable coupon bonds of the city or town in an
amount not exceeding at one (1) time two percent (2%) of the
assessed value of the city or town. The bonds shall be of the
denominations as the city or town council shall determine, which
bonds shall be numbered consecutively from one (1) upward,
payable in thirty (30) years from date of issue, and redeemable
at the pleasure of the city or town after ten (10) years, and
shall bear interest at a rate determined by the city or town
council. The bonds when issued shall be signed by the mayor and
countersigned by the clerk and the treasurer of the city or town
but the bonds shall not be sold for less than their par value.
35-8-204. Bond issue; submission of issue to voters.
No bonds shall be issued for the purpose provided by this
article until the proposition to issue the same shall have been
submitted to a vote of the qualified electors of the city or
town, and by them approved. The proposition shall be submitted
at an election called, conducted, canvassed and returned in the
manner provided for bond elections by the Political Subdivision
Bond Election Law, W.S. 22-21-101 through 22-21-112. The
proposition so submitted to a vote of the qualified electors
shall specify the amount of the bonds proposed to be issued, the
rate of interest, and the purpose for which it is proposed to
issue the same. It shall be the duty of the city clerk of the
city or town to cause ballots to be prepared, either separately
from other ballots in case of a special election, or upon other
ballots in case of a primary or general election, with the words
"for cemetery bonds" and "against cemetery bonds", leaving a
place opposite each proposition in which the voter shall mark
his vote for or against the bonds. If, upon a canvass of the
votes upon such proposition, a majority of the votes be for the
issue of the bonds, then the mayor and city council are
authorized to issue same as provided in this act.
35-8-205. Bond issue; cemetery bond tax.
There shall be annually levied and collected on all taxable
property, real, personal, and mixed, within such city or town, a
sufficient tax to pay the interest on said bonds as the same may
become due, and to redeem such bonds as provided in this
article, which tax shall be levied and collected in the same
manner as other city or town taxes; said taxes to be known as
the "cemetery bond tax", and shall be used for the payment of
interest, principal, and the redemption of the bonds so issued,
and for no other purpose. And all moneys collected by such
cities or towns from purchasers of cemetery lots, save such
amount as shall be required for the maintenance and improvement
of such cemeteries, shall become part of the cemetery bond fund,
and shall be used only for the payment of the principal and
interest of the bonds in this act authorized to be issued.
35-8-206. Bond issue; bond register.
The city or town treasurer shall keep a book in which shall be
registered all such bonds, showing the number of the bond, the
date of issue, to whom issued, the amount, the date of
redemption, and payment of interest; which book shall be open to
all persons to examine the same during business hours.
35-8-207. Bond issue; redemption of bonds.
Any city or town, issuing bonds for the purpose provided in this
act, shall each year after the tenth year after the issue of
said bonds, redeem at least one-twentieth of the said bonds in
the order of their issue.
35-8-208. Bond issue; duty of treasurer upon payment.
It shall be the duty of the city or town treasurer, as rapidly
as any coupons of said bonds are paid, to cause the word "paid"
to be cut in the same, and as rapidly as said bonds are paid to
cause the word "paid" to be cut in the body of the same.
35-8-209. Bond issue; custodian of moneys collected.
The city or town treasurer shall be custodian of all moneys
arising from the sale of bonds issued in pursuance of the
authority given by this chapter, and he shall give additional
bond, or bonds, for the safekeeping and distributing of all such
funds, as may be provided by the city or town council.
35-8-210. Ordinances, rules and regulations.
Any such city or town is hereby authorized and empowered to
enact all ordinances necessary to the complete exercise of all
the powers in this act granted, and to carry out the same, and
is authorized to make all ordinances, rules, and regulations for
the protection, maintenance, and improvement of such cemeteries,
and of all property connected therewith, and all streets,
avenues, and roads leading to such cemeteries.
35-8-211. Application.
This act shall apply to all cities and towns in the state of
Wyoming whether incorporated by special charter or under general
laws, and the taxes herein provided for, shall be in addition to
all other taxes provided or authorized by law.
35-8-212. Authority to declare abandoned unoccupied lots;
procedure; resale.
Any city, town or special cemetery district may declare
abandoned the ownership of any unoccupied lots or parcels of
land in municipally owned cemeteries, created under and by
virtue of W.S. 35-8-201 through 35-8-211, inclusive, or any
special cemetery district whenever there has been no contact
with or knowledge of the owners, heirs, or assigns, as the case
may be, of such lots or parcels for more than twenty-five (25)
years. Prior to declaring such abandonment, notice shall be
served by registered mail at the last known address of such
owner, heirs, or assigns. In the event that the address cannot
be ascertained, notice shall be given by one (1) publication in
the official newspaper of the municipality or special cemetery
district in which the cemetery is located. Said notice shall
allow thirty (30) days for the owner, heirs, or assigns to
advise the city or town or special cemetery district of his
identity and address; and if he does so, the city or town or
special cemetery district shall not declare the abandonment.
Upon the failure of the owner, heirs, or assigns to so
communicate with the city or town, it may by resolution declare
such lots or parcels abandoned. Thereafter, it may resell such
lots or parcels, but shall place in trust an amount of money
equivalent to the original selling price of such lots or parcels
for payment to the owner, heirs, or assigns. Said trust fund
shall be placed in legal investments, and the interest received
therefrom shall annually be deposited to the city's or town's
general fund or the general fund of the special cemetery
district. Money received from the resale of such lots and
parcels and deposited in said trust fund may be withdrawn by the
cities or towns or the special cemetery district and placed in
their general fund if not claimed by the owner, heirs, or
assigns within twenty-five (25) years after being so deposited.
So long as such lots or parcels remain unsold, the owners,
heirs, or assigns may reclaim them by identifying themselves and
establishing their right to such lots or parcels.
ARTICLE 3 - SPECIAL CEMETERY DISTRICTS
35-8-301. Procedure for proposing establishment of special
cemetery district.
(a) Repealed by Laws 1998, ch. 115, § 5.
(b) Repealed by Laws 1998, ch. 115, § 5.
(c) Repealed by Laws 1998, ch. 115, § 5.
(d) Repealed by Laws 1998, ch. 115, § 5.
(e) A special cemetery district may be established under
the procedures for petitioning, hearing and election of special
districts as set forth in the Special District Elections Act of
1994.
35-8-302. Repealed by Laws 1998, ch. 115, § 5.
35-8-303. Body corporate; name and style; powers
generally; rules and regulations of trustees.
Each district established is hereby declared to be a body
corporate by the name and style of the .... cemetery district
and the name therefor shall be entered upon the commissioners'
records and shall be selected by the board of county
commissioners of the county in which the greater area of land
within the district is located. In the name so selected, the
district may hold property and be a party to contracts, shall
have power to sue and be sued, shall be empowered through its
governing board to acquire real and personal property and
equipment for cemetery purposes by gift, devise, bequest or
purchase and to enter into contracts for the acquisition by
purchase or lease of real and personal property and equipment;
to convey, lease and otherwise dispose of its property for
cemetery purposes and as a cemetery district, to establish
sinking funds for said purposes; to issue bonds for the purchase
of real property and improvements and equipment for the same,
for cemetery purposes in the manner hereinafter provided, and
the trustees thereof shall have power to make such rules and
regulations as are necessary for the proper operation of the
district and shall file them with the county clerk for each
county in which the district is located.
35-8-304. Election of trustees in newly established
districts; terms.
An election of six (6) trustees shall be held therein at the
same time as the election for formation of the district.
Trustees shall serve without compensation to govern the affairs
of the district. There shall be elected three (3) members to
serve until the next succeeding district election, and three (3)
members to serve until the second succeeding district election
and until their successors are elected and qualified.
35-8-305. Procedure for election of trustees in previously
existing districts.
In all such districts existing as of January 1, 1999, the terms
of directors shall be allowed to expire and a vacancy shall be
declared and filled pursuant to W.S. 22-29-201 and 22-29-202
until the next regular scheduled subsequent director election as
provided under W.S. 22-29-112. At that election three (3)
trustees shall be elected for four (4) year terms and three (3)
for two (2) year terms.
35-8-306. Repealed by Laws 1998, ch. 115, § 5.
35-8-307. Repealed by Laws 1994, ch. 99, § 3.
35-8-308. Repealed by Laws 1998, ch. 115, § 5.
35-8-309. Repealed by Laws 1998, ch. 115, § 5.
35-8-310. Repealed by Laws 1998, ch. 115, § 5.
35-8-311. Repealed by Laws 1998, ch. 115, § 5.
35-8-312. Repealed by Laws 1998, ch. 115, § 5.
35-8-313. Repealed by Laws 1998, ch. 115, § 5.
35-8-314. Administration of finances; assessment and levy
of taxes.
(a) The assessor shall at the time of making the annual
assessment of his district also assess the property of each
special cemetery district in his county and return to the county
assessor at the time of returning the assessment schedules,
separate schedules listing the property of each such district
assessed by him. The separate schedules shall be compiled by the
county assessor, footed and returned to the board of county
commissioners as provided for other assessment schedules.
(b) The board of county commissioners, at the time of
making the levy for county purposes shall levy a tax for that
year upon the taxable property in such district in its county
for its proportionate share based on assessed valuation of the
estimated amount of funds needed by each such district, but in
no case shall the tax for such district exceed in any one (1)
year the amount of three (3) mills on each dollar of assessed
valuation of such property. The taxes and assessments of all
special cemetery districts shall be collected by the county
collector at the same time and in the same manner as state and
county taxes are collected, provided, however, said assessment
and tax levied under provisions of this act shall not be
construed as being a part of the general county mill levy.
35-8-315. Tax exemption.
The property of such cemetery districts shall be exempt from
taxation.
35-8-316. Bond issue; question of issuance to be submitted
to electors; amount and interest.
The board of trustees of any cemetery district may, whenever a
majority thereof so decide, request the board of county
commissioners to submit to the electors of the district the
question whether the board of trustees shall be authorized to
issue the coupon bonds of the district in a certain amount, not
to exceed two percent (2%) of the assessed value of the taxable
property in the district, and bearing a certain rate of
interest, payable and redeemable at a certain time, not
exceeding twenty-five (25) years for the purchase of real
property, for the construction or purchase of improvements and
for equipment for cemetery purposes.
35-8-317. Bond issue; conduct of election.
The election authorized under W.S. 35-8-316 shall be called,
conducted and the results thereof canvassed and certified in all
respects as near as practicable in the same manner as is
provided for bond elections by the Political Subdivision Bond
Election Law, W.S. 22-21-101 through 22-21-112.
35-8-318. Bond issue; issuance; form; advertising for
bidders; sale.
If the proposal to issue said bonds shall be approved, the board
of trustees may issue such bonds in such form as the board may
direct and shall give notice by publication in some newspaper
published in the counties in which said district is located and
in some newspaper of general circulation in the capital of this
state of its intention to issue and negotiate such bonds, and to
invite bidders therefor; provided that in no case shall such
bonds be sold for less than their full or par value and the
accrued interest thereon at the time of their delivery. And the
said trustees are authorized to reject any bids, and to sell
said bonds at private sale, if they deem it for the best
interests of the district.
35-8-319. Bond issue; preparation and execution;
certification; to be registered by county treasurer.
After ascertaining the best terms upon and the lowest interest
at which said bonds can be negotiated, the board shall secure
the proper engraving and printing and consecutive numbering
thereof, and said bonds shall thereupon be otherwise properly
prepared and executed. They must bear the signature of the
president of the board of trustees and be countersigned by the
secretary of the board and bear the district seal and be
countersigned by the county treasurer of the county in which the
funds of the district are kept, and the coupons attached to the
bonds must be signed by said president, secretary and county
treasurer; and the secretary of the board shall endorse a
certificate upon every such bond, that the same is within the
lawful debt limit of such district and is issued according to
law and he shall sign such certificate in his official
character. When so executed, they shall be registered by the
county treasurer where said district's funds are kept in a book
provided for that purpose, which must show the number and amount
of each bond and the person to whom the same is issued.
35-8-320. Bond issue; payment guaranteed.
The full faith and credit of each cemetery district is solemnly
pledged for the payment of the interest and the redemption of
the principal of all bonds which are issued by such district.
35-8-321. Bond issue; payment of principal and interest.
The county treasurer where said district's funds are kept may
pay out of any moneys belonging to said district tax fund, the
interest and the principal upon any bonds issued by such
district, when the same becomes due, upon the presentation at
his office of the proper coupon or bond, which must show the
amount due, and each coupon must also show the number of the
bond to which it belonged, and all bonds and coupons so paid,
must be reported to the district trustees at their first regular
meeting thereafter.
35-8-322. Bond issue; validity.
All cemetery districts heretofore formed and organized under the
provisions of chapter 58 of the Session Laws of Wyoming, 1949,
or under the provisions of chapter 141, Session Laws of Wyoming,
1951, are hereby declared to be duly organized and existing
cemetery districts; and all bonds heretofore issued and sold for
the purpose of providing for the purchase of real property and
improvements and equipment for cemetery purposes, by any
cemetery district established under the provisions of chapter
58, Session Laws of Wyoming, 1949, or under the provisions of
chapter 141, of the Session Laws of Wyoming, 1951, where the
purchase money for such bonds has been actually received and
retained or used for the purpose for which such bonds were sold,
are hereby declared to be the valid and legally binding
obligations of such district and all proceedings under which
such bonds were issued are approved, ratified and declared
valid.
35-8-323. Districts charged with maintaining existing
public cemeteries.
All districts organized under the provisions of this act are
charged with the duty of maintaining existing public cemeteries
owned and maintained by incorporated cities or towns, or
otherwise, within the boundaries of the district; and such
maintenance shall be as nearly uniform as possible.
35-8-324. Cemeteries in cities and towns in conflict with
special cemetery district.
No incorporated city or town which is or may be included within
the boundaries of a special cemetery district organized under
the laws of the state of Wyoming, shall purchase, establish,
operate, maintain, improve or support a cemetery or cemetery
grounds for a period of more than one (1) year after the
formation of such cemetery district or for a period of more than
two (2) months after the effective date of this act, whichever
shall be later.
ARTICLE 4 - VAULTS, CRYPTS AND MAUSOLEUMS
35-8-401. Definitions.
(a) As used in this act:
(i) "Columbarium" means any building, structure or
any part of a building or structure which is used for the
interment of cremated human remains;
(ii) "Community vault, crypt, columbarium, mausoleum
or structure" means one constructed for the purpose of
containing the bodies or remains of more than six (6) dead human
beings;
(iii) "State department of health" means the state
department of health created by W.S. 9-2-101;
(iv) "State insurance commissioner" means the
insurance commissioner of Wyoming appointed under W.S. 26-2-102;
(v) "This act" means W.S. 35-8-401 through 35-8-407.
35-8-402. Regulations and specifications generally;
application to certain columbariums.
(a) No person, firm, partnership, association, company or
corporation shall construct any community vault, crypt,
columbarium or mausoleum, wholly or partially above the surface
of the ground, to be used to contain the body or remains of any
dead human being unless the same shall be located within the
confines of an established cemetery containing not less than
five (5) acres, which cemetery shall have been in existence and
operation for a period of at least five (5) years immediately
preceding the time of the erection thereof, nor until plans and
specifications therefor shall be approved by the state board of
health [department of health]. Such plans and specifications
shall set forth the sections, halls, rooms, corridors, elevators
or other subdivisions thereof, with their descriptive names and
numbers, and shall provide:
(i) That such structure be so arranged that any
vault, cell, niche or crypt may be readily examined at any time
by any person authorized by law to do so;
(ii) That suitable provision be made for permanently
sealing each crypt or cell after the placing of any body
therein, and in such manner that no fluid may escape therefrom;
(iii) That the foundation shall extend below the
frost line and shall be of reinforced construction;
(iv) That the exterior walls and roof shall be
constructed of granite, marble, slate, sandstone, limestone,
concrete block masonry or any other material of similar
properties that achieves structural integrity and designed to be
structurally sound and to withstand exterior weathering;
(v) That exterior doors shall be constructed of
granite, marble, slate, sandstone or limestone, bronze or
aluminum alloys or any other material or alloy of similar
properties;
(vi) That interiors shall be constructed of granite,
marble, slate, sandstone, limestone, concrete or any other
material of similar properties that achieves structural
integrity;
(vii) That the structure shall contain adequate
provision for drainage and ventilation;
(viii) That the structure shall be so constructed as
to insure its beauty, durability and permanence, as well as the
safety, convenience, comfort and health of the community in
which it is located, as dictated and determined at the time by
modern mausoleum construction and engineering science.
(b) The person making application shall file a certificate
of such approval, signed by the state health officer, with a
copy of such plans and specifications, in the office of the
county clerk of the county wherein such structure is to be
erected, and such clerk shall retain the same on file. No crypt,
room or niche in any community mausoleum, columbarium or
structure shall be sold or offered for sale until such structure
shall be entirely completed.
(c) This act shall not apply to any columbarium owned by
or for a church if it is less than one-half (1/2) acre in size
and is located immediately contiguous to or is part of the
church facility and is perpetually cared for. If the church
relocates, it shall relocate all urns and remains placed within
the columbarium. Any violation of this subsection is subject to
the penalty imposed under W.S. 35-8-407.
35-8-403. Supervision of inspector required in erecting
structure; compliance with requirements for perpetual care and
maintenance.
Such structure shall be erected under the supervision of an
inspector to be appointed by the state department of health,
which shall determine the amount of his compensation, and the
compensation shall be paid by the person, partnership, firm,
association, company or corporation erecting the same. No
community vault, crypt, niche, mausoleum, columbarium or
structure, and no addition or alteration thereof, shall be used
for the purpose of interring therein a body or the remains of a
deceased human being until the person, partnership, association,
company, firm or corporation operating such structure shall have
obtained from the department of health a certificate, signed by
the state health officer, certifying that the plans and
specifications filed pursuant to the provisions of W.S. 35-8-401
and 35-8-402 have been complied with, and from the state
insurance commissioner a certificate certifying that the
requirements for a perpetual care and maintenance fund set forth
in W.S. 35-8-404 have been complied with, which certificates
shall be filed in the office of the county clerk of the county
wherein the community vault, crypt, niche, mausoleum,
columbarium or structure is located.
35-8-404. Perpetual care and maintenance trust fund.
(a) Before any cell, vault, crypt, room or niche in any
community mausoleum or columbarium shall be sold, the person,
firm, partnership, association, company or corporation operating
the same shall first deposit the sum of ten thousand dollars
($10,000.00) in an institution acceptable to the insurance
commissioner, which sum shall be designated as a perpetual care
and maintenance trust fund and the income therefrom shall be
used for the preservation and upkeep of the mausoleum or
columbarium. The insurance commissioner shall regularly audit
the fund and shall be empowered to formulate and establish
regulations governing the fund and its trustee, which
regulations shall be designed to insure the permanence and
security of the fund. In the event that sales of cells, vaults,
crypts, rooms or niches exceed the sum of fifty thousand dollars
($50,000.00) the person, firm, partnership, association, company
or corporation operating the mausoleum or columbarium shall
deposit the following percentages of all sales exceeding that
amount in the perpetual care trust fund, which additional sums
shall be subject to the same regulations as the original
deposit:
(i) Twenty percent (20%) of the proceeds received
from the sale of each cell, vault, crypt, room or niche;
provided, however, that the deposit from the sale of a crypt
shall not be less than the sum of one hundred dollars ($100.00)
regardless of the sale price thereof;
(ii) Twenty percent (20%) of each payment or
installment received from the sale of every cell, vault, crypt,
room or niche in the event that a sale is made on a payment or
installment plan; provided, however, that the total amount
deposited from the sale of any crypt on the payment or
installment plan shall not be less than the sum of one hundred
dollars ($100.00) regardless of the sale price or the amount of
the payment or installment.
(b) In the event that any person, firm, partnership,
association, company or corporation operating a community
mausoleum, columbarium or structure shall fail to continue the
active management thereof, the trustee of the perpetual care and
maintenance fund established therefor shall continue to
administer the fund subject to audit and regulation by the
insurance commissioner and disburse the income for the care and
maintenance of the mausoleum or columbarium; provided, however,
that the district judge may, upon application made by the county
attorney of the county in which the mausoleum or columbarium is
located, and good cause shown, order the appointment of a
successor trustee and/or disbursement of the principal or
interest of the fund.
35-8-405. Removal of body from vault constituting menace
to public health; reinterment; cost; construction contrary to
W.S. 35-8-401 through 35-8-407 deemed nuisance; enjoining.
When any mausoleum, vault, crypt or structure containing one (1)
or more deceased human bodies, shall, in the opinion of the
state department of health, become a menace to public health,
and the owner or owners shall fail to remedy or remove the same
to the satisfaction of the department, the judge of any district
court of the state of Wyoming may, upon application by the
county attorney of the county in which it is located, order the
person, firm, partnership, association, company or corporation
owning the structure to remove the deceased body or bodies for
interment in some suitable cemetery at the expense of the
person, firm, partnership, association, company or corporation
owning the mausoleum, vault or crypt. If no person, firm,
partnership, association, company or corporation can be found in
the county where the mausoleum, vault or crypt is located, the
removal and interment shall be at the expense of the cemetery,
city, town or county within which the mausoleum, vault or crypt
is located, or of the cemetery association in charge of any such
cemetery, provided, however, that if there is a perpetual care
and maintenance fund in existence for the care of the mausoleum,
vault, crypt or structure, the expense incident thereto may be
defrayed from the principal of the fund by order of the district
judge. Any columbarium or mausoleum maintained or constructed
contrary to the provisions of this act shall be deemed a public
nuisance, and may be enjoined in an action brought by any
taxpayer of this state in the district court.
35-8-406. Rules and regulations.
The state department of health and the insurance commissioner
are hereby empowered and directed to make such rules and
regulations as shall in their judgment be necessary for the
carrying out of the provisions of this act, which regulations
shall have the force and effect of law.
35-8-407. Penalty.
Any person, officer, manager or agent of any firm, partnership,
association, company or corporation who violates any provisions
of this act shall be fined not more than seven hundred fifty
dollars ($750.00), imprisoned not more than six (6) months, or
both.
CHAPTER 9 - FIRE PROTECTION
ARTICLE 1 - DEPARTMENT OF FIRE PREVENTION
Division 1. Generally
35-9-101. Department created.
The department of fire prevention and electrical safety is
created.
35-9-102. Definitions.
(a) As used in W.S. 35-9-101 through 35-9-130:
(i) "Apprentice electrician" means a person who has
insufficient qualifications to be a journeyman electrician and
is hired by a licensed electrical contractor to assist a
licensed journeyman or master electrician. An apprentice
electrician must be registered with the department of fire
prevention and electrical safety and must be enrolled in a bona
fide program of training approved by the bureau of
apprenticeship and training, United States department of labor,
or present evidence directly to the department that he is
enrolled in an apprentice training program which provides
training equivalent to a program approved by the bureau of
apprenticeship and training, United States department of labor;
(ii) "Apprentice technician" means a person who has
insufficient qualifications to be a low voltage or a limited
technician and is hired by a licensed electrical contractor, low
voltage contractor, or limited contractor to assist a licensed
low voltage or limited technician. An apprentice technician
must be registered with the department of fire prevention and
electrical safety and must be enrolled in a training program as
approved by the department;
(iii) "Board" means the electrical board;
(iv) "Council" means the council on fire prevention
and electrical safety in buildings;
(v) "Department" means the department of fire
prevention and electrical safety;
(vi) "Electrical contractor" means a person licensed
by the department to contract with another to plan, lay out and
supervise the installation of electric equipment. "Electrical
contractor" excludes a person who only plans or designs
electrical installations;
(vii) "Full-time paid fire fighters" means an
individual regularly employed for devoting his entire time of
employment to the care, operation and requirements of a
regularly constituted fire department;
(viii) "Installation of electric equipment" includes
installing, altering and repairing the wiring of apparatus
equipment and conductors subject to the National Electrical
Code;
(ix) "Journeyman electrician" means a person licensed
by the department who has four (4) years experience in the
electrical wiring industry and technical knowledge to install
and supervise the installation of electrical equipment for any
purpose in accordance with the National Electrical Code and
city, county and state ordinances and regulations;
(x) "Limited electrical contractor" means a person,
licensed by the department to contract with another to plan, lay
out and supervise the installation of electrical equipment
associated with the type of limited electrical contractor
license held. "Limited electrical contractor" excludes a person
who only plans or designs electrical installations;
(xi) "Limited technician" means a person licensed by
the department who has met the minimum experience requirements
as prescribed by board rules and regulations in the portion of
the electrical wiring industry covered by his limited license.
The limited technician shall have technical knowledge to install
and supervise the installation of electrical equipment
associated with the type of limited electrical license held in
accordance with the National Electrical Code and city, county
and state ordinances and regulations;
(xii) "Low voltage electrical contractor" means a
person licensed by the department to contract with another to
plan, lay out and supervise the installation of electrical
equipment associated with the type of limited electrical
contractor license held. "Low voltage electrical contractor"
excludes a person who only plans or designs electrical
installations;
(xiii) "Low voltage technician" means a person
licensed by the department who has met the minimum experience
requirements as prescribed by board rules and regulations in the
portion of the electrical wiring industry covered by his low
voltage license. The low voltage technician shall have technical
knowledge to install and supervise the installation of
electrical equipment associated with the type of low voltage
electrical license held in accordance with the National
Electrical Code and city, county and state ordinances and
regulations;
(xiv) "Master electrician" means a person licensed by
the department who has eight (8) years experience in the
electrical wiring industry and technical knowledge to plan, lay
out and supervise the installation of electric equipment in
accordance with the National Electrical Code and city, county
and state ordinances and regulations;
(xv) "Master electrician of record" means a Wyoming
licensed master electrician who is actively employed by a
licensed electrical contractor in a full-time capacity, and who
assumes responsibility to ensure that the National Electrical
Code, W.S. 35-9-120 through 35-9-130 and applicable rules of the
department of fire prevention and electrical safety are adhered
to on all electrical work undertaken by the electrical
contractor in the state of Wyoming, and who is not the master
electrician of record for, or employed by, any other electrical
contractor;
(xvi) "Owner" means the person holding legal title to
a building or real property;
(xvii) "Public building" means a building intended
for access by the general public;
(xviii) "Remodeling" includes repairing, altering or
adding to a building or its electrical system;
(xix) "Technician of record" means a Wyoming licensed
low voltage or limited technician who is actively employed by a
licensed low voltage or limited electrical contractor in a
full-time capacity, and who assumes responsibility to ensure
that the National Electrical Code, W.S. 35-9-120 through
35-9-130 and applicable rules of the department of fire
prevention and electrical safety are adhered to on all low
voltage or limited electrical work undertaken by the low voltage
or limited electrical contractor in the state of Wyoming, and
who is not the technician of record for, or employed by, any
other low voltage or limited electrical contractor.
35-9-103. Divisions created; council and board created.
(a) There are created within the department:
(i) The division of fire prevention;
(ii) The division of electrical safety;
(iii) The council on fire prevention and electrical
safety in buildings;
(iv) The electrical board.
(b) The council consists of five (5) members appointed by
the governor for six (6) year terms which commence on April 1
following appointment. One (1) member shall be appointed to
represent each of the following: counties or municipalities,
fire fighters, the electrical board, an association of
architects or an association of general contractors and the
general public. Vacancies shall be filled for the unexpired
term. When new appointments are made, the council shall select
a chairman, a vice chairman and a secretary. A quorum consists
of three (3) members. The council shall meet at least twice each
year.
(c) The board consists of five (5) members appointed by
the governor for six (6) year terms. At least one (1) member
and no more than two (2) members shall be journeymen
electricians, at least one (1) and no more than two (2) shall be
master electricians, and at least one (1) and no more than two
(2) shall be electrical contractors. No two (2) members shall
be employed by the same entity and serve on the board. Any
member who becomes employed by the same entity as another member
during his term of office shall be ineligible to continue as a
member of the board. Vacancies shall be filled for the
unexpired term. When new appointments are made, the board shall
select a chairman, a vice chairman and a secretary. A quorum
consists of three (3) members. The board shall meet at least
twice each year.
(d) The members of the council and board shall receive
compensation, per diem and travel expenses in the same manner
and amount as the state legislature while going to, attending or
returning from meetings. The governor may remove any council or
board member as provided in W.S. 9-1-202.
35-9-104. State fire marshal; qualifications.
(a) After consultation with the council, the governor
shall appoint a state fire marshal who shall be the director of
the department and shall have theoretical knowledge and
practical and managerial skill and experience which fits him for
the position, as determined by the governor.
(b) Repealed by Laws 1987, ch. 185, § 2.
35-9-105. Division administrators; qualifications.
(a) After consultation with the council and the governor,
the state fire marshal shall appoint:
(i) The chief deputy fire marshal, who is the
administrator of the fire prevention division. His
qualifications shall be the same as the state fire marshal;
(ii) The chief electrical inspector who is the
administrator of the electrical safety division. He shall be a
master electrician and an electrical inspector certified by the
International Code Council or the International Association of
Electrical Inspectors.
(b) The chief deputy fire marshal and the chief electrical
inspector shall devote full time to the duties of the office and
shall be directly responsible to the state fire marshal.
Division 2. Fire Prevention and Electrical Safety
35-9-106. Powers and duties of council.
(a) The council shall adopt rules and regulations to:
(i) Establish minimum fire standards not exceeding
the standards prescribed by the International Fire Code, the
International Building Code, the International Mechanical Code,
the International Existing Building Code and the International
Fuel Gas Code for:
(A) All new building construction or remodeling
under W.S. 35-9-108(a);
(B) The prevention of fire and the protection of
life and property from fire and panic in all existing buildings;
(C) The safeguarding of life and property from
hazards of fire and explosion arising from storage, handling and
use of hazardous substances, materials and devices.
(ii) Repealed by Laws 2003, Ch. 49, § 3.
(iii) Repealed By Laws 2010, Ch. 84, § 3.
(iv) Implement this section.
(b) The council shall have access to records of the
divisions and may require written or oral information from any
officer or employee of the department when conducting
investigations pursuant to W.S. 35-9-108(p) and 35-9-117.
(c) Except as provided under W.S. 35-9-121(d),
35-9-121.1(d)(ii) and 35-9-124(a)(ii), the council shall hear
appeals to determine the suitability of alternate materials and
type of construction and to interpret and grant variances from
rules and regulations of the council.
(d) The standards for liquefied petroleum gas
installations shall be the current edition of NFPA 58 Liquefied
Petroleum Gas Code and ANSI Z223.1/NFPA 54 National Fuel Gas
Code. To the extent the standards for liquefied petroleum gas
conflict with the standards prescribed by the International Fuel
Gas Code, the NFPA 58 Liquefied Petroleum Gas Code and ANSI
Z223.1/NFPA 54 National Fuel Gas Code control.
(e) Repealed By Laws 2010, Ch. 84, § 3.
35-9-107. Duties and powers of state fire marshal.
(a) The state fire marshal shall:
(i) Establish administrative policy for the
department;
(ii) Adopt regulations in consultation with the board
and council to implement this article, excluding the provisions
of W.S. 35-9-106 and 35-9-124;
(iii) Implement fire safety programs designed to
minimize fire hazards and disasters and loss of life and
property from these causes. These programs shall include:
(A) Establishment and enforcement of fire safety
and safety practices throughout the state;
(B) Preventive inspection and corrective
activities;
(C) Coordination of fire safety programs with
volunteer and paid fire companies and other state agencies and
political subdivisions;
(D) Critical analysis and evaluation of fire
loss statistics to determine problems and solutions;
(E) Coordination, development and implementation
of training programs designed to assist fire fighters in all
phases of fire prevention and suppression activities except the
wild land and forestry division fire control programs
implemented by the state forester; and
(F) Acceptance testing on fire alarm systems,
fire sprinkler systems and kitchen hood and duct suppression
systems.
(iv) Inspect each state owned building not under the
authority of a local governmental entity pursuant to W.S.
35-9-121(b) and require conformance to the minimum standards of
fire prevention, fire protection and public safety;
(v) Inspect facilities or installations upon request
by the owner. The department may charge reasonable fees not
exceeding the cost of the inspection;
(vi) Upon request, assist the chief of a fire company
or department, a fire marshal, a local building inspector, other
state agencies or political subdivisions of the state or county
fire wardens in fire prevention matters;
(vii) Keep a record of all fires which occur in the
state, including the origin, facts, statistics and circumstances
of the fire determined by investigation under this act. The
record, except for testimony given in the examination, shall be
open for public inspection at all times;
(viii) Upon request, assist a municipality, county or
other local governmental entity in exercising authority granted
to that entity under W.S. 35-9-121.
(b) The state fire marshal may:
(i) Subject to W.S. 35-9-121(b) and 35-9-121.1(d),
enforce state laws not otherwise enforceable by another state
agency concerning:
(A) The prevention of fire;
(B) The storage, sale and use of an explosive,
combustible or other dangerous article in solid, liquid or gas
form;
(C) Repealed By Laws 2003, Ch. 49, § 3.
(D) The suppression of arson and investigation
of fire and explosions.
(ii) Subject to W.S. 35-9-121(b), inspect public,
business or industrial buildings and require conformance to
standards of prevention and safety and of uses of premises as
promulgated by the International Fire Code, the International
Building Code, the International Mechanical Code and the
International Fuel Gas Code;
(iii) Deputize a member of a fire department who is
approved by the chief of his department, or a local building
inspector approved by the local governmental entity, provided
that the person is qualified to inspect, investigate and carry
out orders for the state fire marshal under the rules adopted by
the department;
(iv) Employ personnel and contract with appropriate
personnel as necessary for the efficient performance of assigned
duties.
(c) The state fire marshal shall not interfere with the
hookup of a utility to a new or remodeled building either during
construction or after construction is completed, unless the
state fire marshal determines that the hookup of a utility poses
immediate danger to life or property.
35-9-108. Plan review; procedure; fees.
(a) Except as provided under subsections (h) and (q) of
this section and W.S. 35-9-118, prior to beginning any new
construction, the remodeling of existing buildings or the
installation of aboveground flammable or combustible fuel
storage tanks, the owner or the owner's designated
representative shall submit plans to the state fire marshal for
review of the proposed project for compliance with applicable
fire and electrical safety standards for:
(i) Buildings or structures owned or leased by the
state or local governmental entities;
(ii) Public buildings over five thousand (5,000)
square feet of total floor area including basement;
(iii) Multistory public buildings;
(iv) Buildings intended for use as child care centers
housing more than ten (10) children;
(v) Public bars, public lounges, restaurants, night
clubs, lodge halls, theaters, churches or public meeting places
regardless of size;
(vi) Public and private aboveground fuel dispensing
facilities.
(b) If the state fire marshal does not notify the sender
in writing of violations of the fire or electrical safety
standards within twenty-one (21) working days of receiving the
plans, they are approved as submitted. If code deficiencies are
discovered through inspection by the fire marshal during the
construction or remodeling of buildings, the plan and plan
review shall be amended to bring the building into compliance
with applicable codes.
(c) Plans which are disapproved may be corrected and
resubmitted. The state fire marshal shall review only the
corrections made in response to the violations cited in the
initial review. If the state fire marshal does not notify the
sender in writing of violations of the fire and electrical
safety standards within ten (10) working days of receiving the
corrected plans, they are approved as resubmitted.
(d) The department shall collect fees for plan reviews and
other inspections except as provided in subsections (q) and (r)
of this section, in the amount provided in the 1997 Uniform
Building Code and adjusted for inflation as adopted by rule or
regulation by the department. Fees collected under this
subsection shall be deposited into the general fund.
(e) For publicly owned buildings, the department may
charge fees not in excess of fees authorized under W.S.
35-9-108(d) to any entity for which it performs any plan
inspection or review.
(f) Repealed By Laws 2003, Ch. 49, § 3.
(g) Repealed By Laws 2003, Ch. 49, § 3.
(h) Nothing in this section shall apply to municipalities
or counties which have received enforcement authority for fire
safety standards under W.S. 35-9-121.
(j) Except as provided under subsections (h) and (q) of
this section and W.S. 35-9-118, no new construction or
remodeling of buildings or installation of aboveground flammable
or combustible fuel storage tanks shall begin until the state
fire marshal has approved the plans for compliance with
applicable fire and electrical safety standards.
(k) If new construction or remodeling of buildings or
installation of aboveground flammable or combustible fuel
storage tanks is commenced without approved plans, the state
fire marshal may order the construction, remodeling or
installation to cease until plans are approved, subject to the
requirements of subsection (m) of this section.
(m) Orders issued by the state fire marshal pursuant to
this section shall be served upon the owner in the manner
provided for service of process by the Wyoming Rules of Civil
Procedure. The order shall require that the person served
immediately cease certain activities until he has complied with
the applicable statutory requirements. The order shall be in
full force and effect from the time of service until the person
complies with the statutory requirement as described in the
order, or the order is revoked by the council. If the person
fails to cease certain activities as required within forty-eight
(48) hours of service, the person is guilty of a misdemeanor.
(n) Except as provided under subsections (h) and (q) of
this section and W.S. 35-9-118, after new construction or
remodeling of buildings is completed, the state fire marshal
shall inspect the building and determine conformance with the
plan review or amended plan review. If he finds conformance,
the state fire marshal shall issue a certificate of occupancy
for a newly constructed building and a letter of compliance for
a remodeled building. No newly constructed or remodeled
building shall be used or occupied until the state fire marshal
has issued a certificate of occupancy or letter of compliance.
If a newly constructed or remodeled building is used or occupied
prior to the issuance of a certificate of occupancy or letter of
compliance, the state fire marshal shall order the use and
occupancy of the building to cease until a certificate of
occupancy or letter of compliance is issued, subject to the
requirements of subsection (m) of this section.
(o) Except as provided under subsections (h) and (q) of
this section and W.S. 35-9-118, after the installation of
aboveground flammable or combustible fuel storage tanks is
completed, the state fire marshal shall inspect the premises and
determine conformance with the plan review. If he finds
conformance, the state fire marshal shall issue a letter of
compliance. No premises with aboveground flammable or
combustible fuel storage tanks installed shall be used until the
state fire marshal has issued a letter of compliance. If a
premise with aboveground flammable or combustible fuel storage
tanks installed is used prior to issuance of a letter of
compliance, the state fire marshal shall order the use of the
premises to cease until a letter of compliance is issued,
subject to the requirements of subsection (m) of this section.
(p) Any owner aggrieved by an order of the state fire
marshal may appeal to the council within forty-eight (48) hours.
The complaint shall be investigated immediately by direction of
the council. Unless the order is revoked by the council, it
shall remain in force and the owner shall comply.
(q) A plan review is:
(i) Not required for remodeling that is exempt from
permitting under the International Code;
(ii) Required for remodeling that costs less than
forty thousand dollars ($40,000.00) and affects a built-in fire
protection system for the building, provided a fee of no more
than fifty dollars ($50.00) per hour shall be paid to the
department for the review;
(iii) Required for remodeling that costs forty
thousand dollars ($40,000.00) or more, provided the department
shall collect a fee pursuant to subsection (d) of this section;
(iv) Not required to be submitted to the state fire
marshal if the plan review is submitted to a local governmental
entity which has been granted sole plan review authority
pursuant to W.S. 35-9-121(b).
(r) There shall be no inspection fees for school
buildings.
(s) Plan reviews may be submitted in phases so that work
may begin on the first phase of a project upon approval of the
plans for that phase. Subsequent work may begin on each
successive phase as plans are approved for each successive
phase. Plans for fire alarm systems and fire sprinkler systems
shall be submitted as successive phase plans after the initial
plans are approved.
(t) Subsections (a) through (s) shall not apply to
remodeling that is exempt under subsection (q).
35-9-109. Investigation of fires; notification to fire
marshal; powers of fire marshal.
(a) The county fire warden or chief of the fire department
of a city, town, county or fire district shall investigate the
cause, origin and circumstances of each fire occurring in the
city, town, county or district that was reported or subject to
emergency response, by which property has been destroyed or
damaged.
(b) The officer investigating a fire shall notify the
state fire marshal and within one (1) week of the fire shall
furnish him a written statement of all facts relating to its
cause and origin, and other information required by forms
provided by the state fire marshal.
(c) The state fire marshal may investigate the origin or
circumstances of any fire or explosion or any attempt to cause a
fire or explosion.
(d) In performing the duties imposed by this act, the
state fire marshal may:
(i) Enter and examine any building or premises where
any fires or attempt to cause fires occurred;
(ii) Enter any building adjacent to that in which a
fire or attempt to cause a fire occurred; and
(iii) Take full control and custody of the buildings
and premises until his examination and investigations are
completed.
35-9-110. Investigation of fires; testimony; subpoena;
arrest.
(a) The state fire marshal may take testimony under oath
and cause the testimony to be reduced to writing.
(b) When the examination discloses that a fire or
explosion was of incendiary origin, the state fire marshal may
arrest the supposed incendiary or cause him to be arrested and
charged with the crime. The state fire marshal shall transmit a
copy of the testimony to the district attorney for the county
where the fire, explosion or attempt occurred.
(c) The state fire marshal may:
(i) Subpoena witnesses and compel their attendance
before him;
(ii) Cause to be produced papers he requires in the
examination; and
(iii) Administer oaths and affirmations to persons
appearing as witnesses before him.
35-9-111. Certain structures declared nuisance; repair or
demolition; procedure.
(a) A building or structure is a public nuisance if it is
especially liable to fire and endangers people, buildings or
property in the vicinity. If the state fire marshal, county
fire warden, or the chief of a fire department or district finds
that a building or structure is especially liable to fire and
endangers people, buildings or property in the vicinity, the
officer shall order the structure to be repaired, torn down or
demolished, all materials removed and all dangerous conditions
remedied.
(b) The order shall be in writing, state the grounds and
be filed in the office of the clerk of the district court of the
county in which the building or structure is situated. A copy
of the order shall be served in accordance with the Wyoming
Rules of Civil Procedure upon the owner and any occupants of the
building or structure with a written notice that the order has
been filed and will be put in force unless the owner or occupant
files his objections or answer with the clerk of the district
court within the time specified in W.S. 35-9-112. A copy of the
order shall be posted in a conspicuous place upon the building
or structure.
35-9-112. Certain structures declared nuisance; answer to
notice or order.
Within twenty (20) days of service of an order under W.S.
35-9-111(b) the owner or occupant may file with the clerk of the
district court and serve upon the council an answer denying the
existence of any of the allegations in the order. If no answer
is filed and served, the court shall affirm the order of
condemnation and fix a time in which the order shall be
enforced. If an answer is filed and served, the court shall hear
and determine the issues raised as provided in W.S. 35-9-113.
35-9-113. Certain structures declared nuisance; hearing.
Upon application of the state fire marshal, county fire warden
or the chief of a fire department or district, the court shall
order a hearing within twenty (20) days from the date of the
filing of the answer. If the court sustains the order, the court
shall fix a time within which the order shall be enforced.
Otherwise the court shall annul or set aside the order of
condemnation.
35-9-114. Certain structures declared nuisance; appeal.
An appeal from the judgment of the district court may be taken
by the owner or occupant in accordance with the Wyoming Rules
of Appellate Procedure.
35-9-115. Certain structures declared nuisance; sale of
materials; expenses constitute lien; disposition of proceeds.
If the owner or occupant fails to comply with an order of
condemnation within the time fixed by the court, the state fire
marshal, county fire warden or the chief of a fire department or
district shall alter, repair or demolish the building or
structure in accordance with the order. If a building or
structure is demolished in accordance with the order, the state
fire marshal, county fire warden or the chief of a fire
department or district may dispose of the salvaged materials at
public auction upon five (5) days posted notice. He shall keep
an accurate account of the expenses incurred in carrying out the
order. He shall report his action and present a statement of the
expenses incurred by him and the amount received from any
salvage sale to the court for approval and allowance. The court
shall examine, correct if necessary and allow the expense
account. The amount allowed constitutes a lien against the real
estate on which the building or structure is or was situated and
if the amount is not paid by the owner or occupant within six
(6) months after the amount has been examined and approved by
the court, the real estate shall be sold under court order by
the county sheriff in the manner provided by law for the sale of
real estate upon execution. The proceeds of the sale shall be
paid into the state treasury. If the amount received as salvage
or on sale exceeds the expense incurred by the state fire
marshal, county fire warden or the chief of the fire department
or district, the court shall direct the payment of the surplus
to the previous owner for his use and benefit.
35-9-116. Removal of combustible material; remedy of
flammable conditions.
If the state fire marshal, county fire warden or the chief of a
fire department or district finds combustible materials or
flammable conditions or fire hazards in a building or on
premises subject to an inspection and the materials or
conditions are dangerous to the safety of the buildings,
premises or public, the officer shall order the materials to be
removed or conditions remedied. The order shall be in writing
and shall be served upon the owner, lessee, agent or occupant. A
person who is served and fails to comply within twenty-four (24)
hours after service, unless the order prescribes a longer time,
is guilty of a misdemeanor. The material may be removed or the
condition corrected at the expense of any person served. The
state fire marshal, county fire warden or the chief of a fire
department or district may maintain actions for the recovery of
the expenses. In the event of a hazard of immediate life
threatening severity, the state fire marshal, county fire warden
or the chief of a fire department or district may order
evacuation of a building or area and may implement emergency
measures to protect life and property and to remove the hazard.
35-9-117. Removal of combustible material; appeal to
council.
An owner or occupant aggrieved by an order of an officer under
W.S. 35-9-116 may appeal to the council within forty-eight (48)
hours. The cause of the complaint shall be investigated
immediately by direction of the council. Unless the order is
revoked by the council, it shall remain in force and the owner
or occupant shall comply.
35-9-118. Exceptions.
(a) W.S. 35-9-106 through 35-9-117 do not apply to:
(i) Farms or ranches of forty (40) acres or more on
deeded land;
(ii) County memorial hospitals, state-owned health
care institutions, hospital districts, private hospitals and
other health care facilities, except as permitted pursuant to
W.S. 35-9-121.1;
(iii) Mines or their appurtenant facilities, oil
field operations, petroleum refineries and liquefied petroleum
gas facilities;
(iv) Railway shops, railway buildings (except those
used for public assembly, cafeterias, dormitories, etc.),
rolling stock and locomotive equipment;
(v) Automotive equipment employed by a railway, gas,
electric or communication utility in the exercise of its
function as a public utility.
(b) Nothing in this section prohibits the state fire
marshal from assisting, upon request, another state agency, or
an owner or operator of property listed in subsection (a) of
this section or a municipality, county or other local
governmental entity in exercising authority granted to that
entity under W.S. 35-9-121.
35-9-119. Duties of chief electrical inspector.
(a) The chief electrical inspector shall:
(i) Enforce the minimum requirements for electrical
installations except in localities which have received
enforcement authority for electrical safety standards under W.S.
35-9-121(a);
(ii) Aid cities, towns, counties and inspectors in
understanding the National Electrical Code;
(iii) Distribute copies of the National Electrical
Code at cost;
(iv) Interpret the National Electrical Code; and
(v) Supervise deputy electrical inspectors.
(b) The chief electrical inspector may investigate
electrocution incidents that occur in the state pursuant to W.S.
35-9-131.
(c) Upon receipt from the department of family services of
a certified copy of an order from a court to withhold, suspend
or otherwise restrict a license issued by the chief electrical
inspector, the chief electrical inspector shall notify the party
named in the court order of the withholding, suspension or
restriction of the license in accordance with the terms of the
court order.
35-9-120. Minimum requirements for electrical
installations; permits; inspections; fees.
(a) The installation of electric equipment in or on
buildings, mobile homes and premises shall be made subject to
the applicable minimum requirements of the National Electrical
Code. To the extent that any provision in the International
Fire Code, the International Building Code, the International
Mechanical Code, the International Existing Building Code and
the International Fuel Gas Code conflicts with the standards
prescribed by the National Electrical Code, the National
Electrical Code shall control.
(b) Subject to W.S. 35-9-121(b), the chief electrical
inspector and his deputies:
(i) Have the right of ingress or egress to all
buildings or other structures owned or leased by the state or
local governmental entities during reasonable working hours to
make electrical inspections;
(ii) May inspect any building or structure:
(A) With a search warrant issued by a district
court after a finding of probable cause that there is a
violation of state law regarding electrical installations; or
(B) At any time during construction and within
thirty (30) days after completion of the installation for which
an electrical wiring permit was issued or an electrical plan
review was performed.
(iii) Shall inspect any building or structure within
five (5) business days of the request of the owner or the
general or electrical contractor installing the electrical
equipment.
(c) For any requested electrical inspection conducted or
electrical wiring permit issued by the chief electrical
inspector or his deputy, a fee established by the department by
rule shall be paid by the person or contractor making the
request. The electrical wiring permit fee shall be waived for
anyone requesting and paying for an electrical inspection. The
fees established by the department shall not exceed the
following:
(i) Electrical inspection fees for requested
inspections:
(A) Each residential unit $20.00
plus $.50 per ampere rating of the electrical service;
(B) Mobile home services $20.00
plus $.50 per ampere rating of mobile home;
(C) Temporary services ..$40.00 each;
(D) Remodels of residential units $20.00
plus 2% of the value of any electrical installation included in
the remodel;
(E) All other electrical installations
$20.00
plus $.50 per ampere rating of the electrical service;
(F) Reinspections $50.00
plus $.20 per ampere rating of the electrical service.
(ii) Electrical wiring permit fees. $50.00
(d) Inspection fees pursuant to paragraph (c)(i) of this
section shall be charged for requested inspections made on
installations that are not under new construction or remodeling.
(e) No person shall install electrical equipment in new
construction or remodeling, if the remodeling requires a public
utility to connect or disconnect and restore electrical power,
of a building, mobile home or premises without obtaining an
electrical wiring permit. No public utility shall energize an
electrical service for an electrical installation which requires
an electrical wiring permit until the person responsible for the
electrical installation has obtained an electrical wiring
permit. A utility may energize an electrical service in an
emergency situation without proof that an electrical wiring
permit has been obtained, however the utility shall notify the
department of the action as soon as possible, but in no case
later than five (5) days following the date that the electrical
service was energized. Electrical wiring permits shall be issued
by the chief electrical inspector upon request. Each permit
shall explain procedures and costs for permits and requested
inspections conducted by the chief electrical inspector or his
deputy electrical inspectors. This subsection does not apply to
municipalities and counties granted local enforcement authority
for electrical safety standards under W.S. 35-9-121(a) and to
exempt installations under W.S. 35-9-123(a)(ii) through (v).
(f) Ninety-five percent (95%) of the fees collected
pursuant to subsection (c) of this section shall be deposited in
a separate account for the purpose of providing additional state
electrical inspectors. Five percent (5%) of the fees collected
pursuant to subsection (c) of this section shall be deposited in
the general fund.
35-9-121. Local enforcement.
(a) The state fire marshal shall delegate complete
authority to municipalities and counties which apply to enforce
and interpret local or state fire, building, existing building
standards or electrical safety standards which meet the
requirements of this section. The state fire marshal shall
notify the governing body of the municipality or county of the
minimum standards and requirements of this act and W.S. 16-6-501
and 16-6-502 and transfer jurisdiction and authority by letter.
Except as provided in W.S. 35-9-119(a)(i) and subsection (b) of
this section, nothing in this section affects the authority of
the state fire marshal or chief electrical inspector regarding
state owned or leased buildings. Local enforcement authority
under this subsection shall be subject to the following
requirements and certification of inspectors:
(i) Before a municipality or county without local
enforcement authority is initially granted local enforcement
authority for fire, building, existing building standards or
electrical standards the state fire marshal shall determine that
the local governing body has adopted minimum standards by
ordinance or resolution that are equivalent to or more stringent
than those applicable standards adopted by the department;
(ii) If a municipality or county that has been
granted local enforcement authority under this subsection fails
to adopt, within six (6) months following the adoption of new
standards by the department, or maintain standards by ordinance
or resolution that at least meet the statewide standards,
enforcement authority shall immediately revert to the
department. It shall be the responsibility of the municipality
or county to notify the department of the repeal of minimum
standards in their jurisdiction;
(iii) If code enforcement authority for fire and
building codes is requested, certification of a fire inspector
or building inspector by the International Code Council or the
International Conference of Building Officials is required for
any inspector employed or contracted after July 1, 2010 to
enforce those codes for the municipality or county;
(iv) If code enforcement authority for the electrical
code is requested:
(A) Certification of an electrical inspector by
the International Code Council or the International Association
of Electrical Inspectors; and
(B) Licensing of an electrical inspector by the
state as a journeyman or master electrician is required.
(v) If a municipality or county that has been granted
local enforcement authority under this subsection fails to
maintain employment of an inspector holding any certification
required by this subsection, enforcement authority shall revert
to the department one hundred twenty (120) days after the last
day the properly certified inspector has left the employment of
the municipality or county. It shall be the responsibility of
the municipality or county to notify the department upon the
termination of employment of any certified inspector required by
this subsection.
(b) Notwithstanding the provisions of subsection (a) of
this section a local governmental entity is authorized to assume
sole plan review authority, and, in accordance with W.S.
35-9-107(a)(iv), that entity has sole construction inspection
authority on the approved plans and sole authority for periodic
fire and life safety inspections on state owned or leased
buildings. For the purpose of this section, school buildings
shall be construed to be state buildings. If local code
provisions are more stringent than adopted state codes, the
local code prevails. The authority granted to local
governmental entities under this subsection is subject to
certification of local inspectors as follows:
(i) If sole plan review authority is requested,
certification of a plan reviewer by the international conference
of building officials or the International Code Council;
(ii) If code enforcement authority for fire and
building codes is requested, certification of a fire inspector
or building inspector by the International Code Council or the
International Conference of Building Officials;
(iii) If code enforcement authority for the
electrical code is requested:
(A) Certification of an electrical inspector by
the International Code Council or the International Association
of Electrical Inspectors; and
(B) Licensing of an electrical inspector by the
state as a master electrician.
(c) If a municipality or county has assumed enforcement
authority for only one (1) or two (2) of the fire, building and
electrical standards, the municipality or county shall deliver
notice of any project plans submitted to the municipality or
county for approval to the department. The notice of the project
shall be delivered within ten (10) days of receiving plans from
the applicant.
(d) A municipality or county which has enforcement
authority under this section shall create its own appeals boards
to determine the suitability of alternate materials and types of
construction and to interpret and grant variances from adopted
codes or standards. The boards shall be appointed and removed
by the governing body of the municipality or county, but the
person making the decision upon which the appeal is based shall
not be a member of the appeal board.
(e) A decision rendered by the local municipal or county
appeals board pursuant to subsection (d) of this section may be
appealed to the council on fire prevention and electrical safety
in buildings for a final decision. A decision of the council may
be appealed to the appropriate district court.
(f) Any appeal to a local board under subsection (d) of
this section or the council under subsection (e) of this section
shall be heard within thirty (30) days of the request for
appeal.
(g) Nothing in this section prohibits the state fire
marshal from assisting, upon request, a municipality, county or
other local governmental entity in exercising authority granted
to that entity under this section.
35-9-121.1. Health care facilities; jurisdiction;
delegation; rules.
(a) The department of health has jurisdiction over all
aspects of construction and remodeling, except electrical
installation, of any state licensed health care facility as
defined in W.S. 35-2-901.
(b) The fire safety code requirements for the construction
and remodeling of any state licensed health care facility shall
meet the minimum requirements established in the National Fire
Protection Association 101 Life Safety Code or any other code
required to meet federal fire and life safety certification. If
any code requirements for federal certification conflict with
the code of any other state or local governmental entity, the
code required for federal certification shall prevail.
(c) The department of health shall promulgate rules and
regulations for all aspects of construction and remodeling of
health care facilities except electrical installation. For
aspects of construction and remodeling included in codes adopted
by the council pursuant to W.S. 35-9-106, the rules and
regulations shall be based on and not exceed the standards of
these codes except where federal certification requirements
dictate otherwise.
(d) Upon written request from any county or municipality,
the department of health shall delegate plan review and
inspection responsibilities to the county or municipality that
has personnel who are certified pursuant to the applicable code.
The department of health shall transfer jurisdiction and
authority by letter. The department of health shall notify the
governing body of the municipality or county of the minimum
standards and requirements under this section and W.S. 16-6-501
and 16-6-502. The following shall apply:
(i) Any municipality or county may issue a
certificate of occupancy for a health care facility. The
certificate shall reference any code applied to the construction
or remodeling of the facility;
(ii) A municipality or county which has enforcement
authority under this subsection shall create its own appeals
board to determine the suitability of alternate materials and
types of construction.
(e) After construction or remodeling of any health care
facility, the department of health shall have jurisdiction over
the fire and life safety inspections required for federal
certification.
Division 3. Electrical Licensing
35-9-122. Chief electrical inspector responsible for
licensing.
The chief electrical inspector is responsible for licensing
electrical contractors, master electricians, journeyman
electricians, low voltage electrical contractors, limited
electrical contractors, low voltage technicians and limited
technicians and shall pass on the fitness and qualifications of
applicants for licenses. Every applicant for a license under
this chapter shall provide his social security number to the
chief electrical inspector.
35-9-123. Electrical installations to be performed by
licensed electricians; exceptions.
(a) Licensed electrical contractors employing licensed
master or journeymen electricians, or registered apprentice
electricians supervised by a licensed master or journeyman
electrician shall install all electrical equipment. This
requirement is waived for the following, however the waiver does
not exempt the following persons from meeting all other code
requirements under this act:
(i) Property owned or leased by a person when the
person, his partner or a major stockholder of a family
corporation is installing the equipment and the property is not
for immediate resale;
(ii) Oil or gas field operations, including those
operations involving exploration, testing, drilling, production
or transporting via pipeline of oil or gas, railroads, petroleum
refineries, fertilizer manufacturing facilities, foundries,
mines and their appurtenant facilities;
(iii) Liquefied petroleum, gas, electric or
communication facilities exercising their function as public
utilities;
(iv) Cable-TV, satellite-TV and telecommunications,
including data and related services of cable-TV, satellite-TV
and telecommunications providers including its contractors and
subcontractors provided such contractors and subcontractors are
limited to the installation of low voltage cable, A.M. or F.M.
radio stations, television stations, phone services, internet
services, data services and related services;
(v) Farms or ranches of forty (40) acres or more on
deeded land;
(vi) Buildings constructed by a school or community
college district as part of an industrial arts curriculum, under
the direct supervision of a qualified industrial arts
instructor. The school or community college district shall have
the installations inspected by the state electrical inspector's
office or the local enforcement authority, whichever has
jurisdiction, to ensure compliance with W.S. 35-9-120;
(vii) Licensed low voltage electrical contractors
employing licensed low voltage technicians or registered low
voltage apprentice technicians who may install electrical
equipment which falls under the scope of their low voltage
license or registration. No low voltage contractor may work on
electrical systems which exceed ninety (90) volts unless allowed
pursuant to this subsection. The chief electrical inspector may
issue a low voltage electrical contractor's license to
contractors not qualified for an electrical contractor's license
but qualified for their low voltage area of expertise for the
installation, repair or remodel of:
(A) All electrical systems under ninety (90)
volts;
(B) Alarm systems under ninety (90) volts;
(C) Communication systems under ninety (90)
volts or current limited communication systems of higher
voltage;
(D) Sound systems under ninety (90) volts;
(E) Television systems under ninety (90) volts;
(F) Control systems under ninety (90) volts;
(G) Lawn sprinkler systems under ninety (90)
volts.
(viii) Licensed limited electrical contractors
employing licensed limited technicians or registered limited
apprentice technicians who may install electrical equipment
which falls under the scope of their limited license or
registration. The electrical work shall only include the
electrical system on the load side of the disconnect which
supplies power to the electrical equipment that they are
licensed to work on. The chief electrical inspector may issue a
limited electrical contractor's license to a contractor not
qualified for an electrical contractor's license but qualified
in his limited area of expertise for the:
(A) Installation, repair or remodel of heating,
ventilating and air conditioning systems limited to wiring on
the load side of the equipment disconnect;
(B) Installation, repair or remodel of elevator
systems limited to wiring on the load side of the equipment
disconnect;
(C) Installation, repair or remodel of sign
systems limited to wiring on the load side of the equipment
disconnect;
(D) Installation, repair or remodel of water
well and irrigation systems limited to wiring on the load side
of the equipment disconnect;
(E) Routine repair or maintenance of light
fixtures limited to replacement of ballasts and fixture parts.
(ix) Employees of rural electric cooperatives, as
defined in W.S. 37-17-101(a)(i), when performing the following
work:
(A) Installation of new or upgraded service
connections or attachments of secondary service wires to any
utility point of attachment on all overhead connections of the
cooperative's equipment to the cooperative's customer's
connections and all underground connections that are in close
proximity to conductors in excess of six hundred (600) volts; or
(B) Making repairs on secondary service wires or
reattachments of secondary service wires to any utility point of
attachment in emergency or outage situations.
(b) Exceptions shall not apply to anyone who contracts or
subcontracts to or for any exempt person, partnership or
corporation.
35-9-124. Powers and duties of board; appeals.
(a) The board shall:
(i) Adopt rules and regulations to implement this
section and to establish minimum standards for:
(A) Training requirements for all classes of
electricians;
(B) Licensing requirements for all classes of
electricians; and
(C) Reciprocal licenses for any journeyman
electrician, master electrician, low voltage technician or
limited technician license.
(ii) Regarding the installation of electrical
equipment and electrical safety standards, hear appeals to
determine the suitability of alternate materials and type of
construction and to interpret and grant variances from the
National Electrical Code.
(b) Any applicant may appeal a decision of the chief
electrical inspector to the board.
(c) The board may suspend or cancel the license of any
licensee for a repeated or serious violation of this act or the
rules and regulations of the board. A serious violation is any
violation that poses a risk of injury or death to persons or is
likely to result in property damage exceeding two thousand five
hundred dollars ($2,500.00). A repeated violation is one that
occurs within two (2) years of any previously documented
violation.
(d) Any person whose license is suspended, cancelled or
refused by the board may appeal to the appropriate district
court.
(e) Repealed By Laws 2010, Ch. 84, § 3.
(f) The board may hear appeals of civil penalties imposed
by the department pursuant to W.S. 35-9-130.
(g) The board may enter into and approve reciprocal
license agreements with other states if such agreements conform
with the conditions and minimum standards required under W.S.
35-9-126(d).
35-9-125. Electrical contractor's, low voltage electrical
contractor's and limited electrical contractor's licenses.
(a) On or before July 1 of each year, an electrical
contractor shall file with the chief electrical inspector a
license application in writing for each of his firms. The
applicant shall be or actively employ in a full-time capacity a
licensed master electrician of record who assumes responsibility
to ensure that the National Electrical Code, W.S. 35-9-120
through 35-9-130 and applicable rules of the department are
adhered to on all electrical work undertaken by the electrical
contractor in the state of Wyoming, and who is not the master
electrician of record for, or employed by, any other electrical
contractor. The electrical contractor shall pay the fee required
by W.S. 35-9-129 for each firm operated by him. If the applicant
qualifies, he shall receive a license which bears the date of
issue and expires on July 1 next following the date of issue.
(b) On or before July 1 of each year, a low voltage
electrical contractor shall file with the chief electrical
inspector a license application in writing for each of his
firms. The applicant shall be or actively employ in a full-time
capacity a licensed low voltage technician of record who assumes
responsibility to ensure that the National Electrical Code, W.S.
35-9-120 through 35-9-130 and applicable rules of the department
are adhered to on all electrical work undertaken by the low
voltage electrical contractor in the state of Wyoming, and who
is not the low voltage technician of record for, or employed by,
any other low voltage electrical contractor. The low voltage
electrical contractor shall pay the fee required by W.S.
35-9-129 for each firm operated by him. The low voltage
electrical contractor's license fee shall be waived for any low
voltage electrical contractor not employing additional low
voltage technicians or low voltage apprentice technicians other
than himself. If the applicant qualifies, he shall receive a
license which bears the date of issue and expires on July 1 next
following the date of issue.
(c) On or before July 1 of each year, a limited electrical
contractor shall file with the chief electrical inspector a
license application in writing for each of his firms. The
applicant shall be or actively employ in a full-time capacity a
licensed limited technician of record who assumes responsibility
to ensure that the National Electrical Code, W.S. 35-9-120
through 35-9-130 and applicable rules of the department are
adhered to on all electrical work undertaken by the limited
electrical contractor in the state of Wyoming, and who is not
the limited technician of record for, or employed by, any other
limited electrical contractor. The limited electrical
contractor shall pay the fee required by W.S. 35-9-129 for each
firm operated by him. The limited electrical contractor's
license fee shall be waived for any limited electrical
contractor not employing additional limited technicians or
limited apprentice technicians other than himself. If the
applicant qualifies, he shall receive a license which bears the
date of issue and expires on July 1 next following the date of
issue.
(d) An electrical contractor, low voltage electrical
contractor or limited electrical contractor is entitled to renew
his license for the ensuing year by paying the proper fee on or
before the date his license expires.
35-9-126. Licensing of master electricians, journeymen
electricians, low voltage technicians, limited technicians;
temporary permits; reciprocal licenses; master electrician of
record for only 1 electrical contractor; technician of record
for only 1 low voltage or limited electrical contractor.
(a) Applicants for master electrician, journeymen
electrician, low voltage technician and limited technician
licenses shall apply to the chief electrical inspector on a form
furnished by the department and accompanied by the required
examination fee. The form shall state the applicant's full name,
his address, the extent of his experience and other information
required by the department. An applicant who complies with the
rules of the board, is qualified, successfully completes the
examination and pays the required license fee shall be issued
the proper license by the chief electrical inspector which bears
the date of issue. A master license, low voltage technician
license and limited technician license shall expire on July 1 in
the third year following the year of issue. A journeyman
license shall expire on January 1 in the third year following
the year of issue. Credit for time spent in any electrical
school shall be given to master electricians, journeyman
electricians, low voltage technicians or limited technicians for
time spent in classes up to a total of two (2) years, or four
thousand (4,000) hours, on the work experience requirements.
(b) Each master electrician, journeyman electrician, low
voltage technician or limited technician licensed under this act
may renew his license by paying fifty percent (50%) of the
proper license fee to the state of Wyoming. Master and
journeymen electricians shall provide proof of attendance at not
less than sixteen (16) hours of training in the National
Electric Code or in advances in the electrical industry meeting
criteria established by the department on or before the date his
license expires. At least eight (8) of the required sixteen
(16) hours of training shall specifically cover the National
Electrical Code. An electrician or technician who applies for
renewal of his expired license within forty-five (45) days after
its expiration and is otherwise entitled to renewal of his
license shall have his license renewed by paying an additional
fee of fifty dollars ($50.00).
(c) The department shall issue temporary permits to engage
in the work of a journeyman electrician, low voltage technician
or limited technician to a person who applies, furnishes
satisfactory evidence of experience to qualify for the
examination and pays the required fee. Temporary permits shall
continue in effect not longer than one hundred fifty (150) days
and may be revoked by the department at any time.
(d) The department may issue a reciprocal license to any
applicant for a journeyman electrician, master electrician, low
voltage technician or limited technician license if the
applicant has obtained an out-of-state or foreign license
through an examination which is equal to or exceeds the Wyoming
journeyman electrician's, master electrician's, low voltage
technician's or limited technician's examination.
(e) Repealed by Laws 2015, ch. 158, § 2.
(f) Repealed by Laws 2015, ch. 158, § 2.
(g) Repealed by Laws 2015, ch. 158, § 2.
35-9-127. Apprentice electricians and apprentice
technicians.
(a) An electrical contractor may employ apprentice
electricians to assist a licensed journeyman or master
electrician. From and after March 1, 1994, apprentice
electricians shall be enrolled in a bona fide program of
training approved by the bureau of apprenticeship and training,
United States department of labor, or present evidence directly
to the department that he is enrolled in an apprentice training
program which provides training equivalent to a program approved
by the bureau of apprenticeship and training, United States
department of labor. The department may monitor the
apprenticeship programs and receive necessary progress reports.
For purposes of determining whether a program provides
equivalent training the department shall consider and apply the
current bureau of apprenticeship and training standards.
Apprentice electricians shall register with the department and
update the registration yearly as required by the department.
The electrical contractor shall notify the chief electrical
inspector in writing of the name and address of each apprentice
electrician employed, and the date of employment or termination
of employment within ten (10) days of the action. A licensed
journeyman or master electrician shall supervise each apprentice
electrician. A licensed journeyman or master electrician shall
not supervise more than two (2) apprentice electricians at the
same time.
(b) A low voltage or limited electrical contractor may
employ apprentice technicians to assist a licensed technician.
Apprentice technicians shall be enrolled in a program of
training as approved by the department. Apprentice technicians
shall register with the department and update the registration
yearly as required by the department. The low voltage or
limited electrical contractor shall notify the chief electrical
inspector in writing of the name and address of each apprentice
technician employed, and the date of employment or termination
of employment within ten (10) days of the action. A licensed
technician shall supervise each apprentice technician. A
licensed technician shall not supervise more than one (1)
apprentice technician at the same time.
35-9-128. Repealed by Laws 1993, ch. 190, § 2.
35-9-129. Fees.
(a) The fees for licenses, work permits, examinations and
apprentice registrations shall be determined by the department
but shall not exceed:
(i) Electrical contractor's license $400.00
(ii) Low voltage electrical contractor's license
$200.00
(iii) Limited electrical contractor's license
$200.00
(iv) Master electrician license $200.00
(v) Journeyman electrician license $100.00
(vi) Low voltage technician's license $100.00
(vii) Limited technician's license $100.00
(viii) Temporary working permit for journeyman
electrician, low voltage technician or limited technician
$50.00
(ix) Examination fee $300.00
(x) Apprentice registration fee $20.00
(b) Ninety-five percent (95%) of the fees collected
pursuant to subsection (a) of this section shall be deposited in
a separate account for the purpose of providing additional state
electrical inspectors. Five percent (5%) of the fees collected
pursuant to subsection (a) of this section shall be deposited in
the general fund.
35-9-130. Penalties; civil penalties; other remedies.
(a) A person who violates W.S. 35-9-101 through 35-9-130
commits a misdemeanor punishable as follows:
(i) An individual, including an officer or agent of a
corporation or association who participates in or is an
accessory to the violation may be punished by a fine of not more
than five hundred dollars ($500.00), imprisonment for not more
than six (6) months, revocation of his license, or fine,
imprisonment and revocation; and
(ii) A corporation may be punished by a fine of not
more than one thousand dollars ($1,000.00), revocation of its
license or both.
(b) Violators of W.S. 35-9-101 through 35-9-130 may be
enjoined from continuing the violation by proceedings brought by
the district or county and prosecuting attorney or by the
attorney general. The department shall make recommendations to
the appropriate district attorney, county and prosecuting
attorney or attorney general regarding proceedings under this
subsection.
(c) A person who violates W.S. 35-9-123 shall pay a civil
penalty in an amount the department determines of not more than
five hundred dollars ($500.00) for a first offense, or one
thousand dollars ($1,000.00) for any subsequent offense within
any three (3) month period. The penalty shall be collected from
the violator and credited as provided by W.S. 8-1-109.
Notwithstanding subsection (d) of this section, no penalty under
this subsection shall be enforceable for sixty (60) days after
delivery of the notice of violation or if the violation has been
cured or appealed pursuant to subsection (d) of this section
within sixty (60) days after issuance of the notice of
violation.
(d) Before the department imposes a civil penalty, the
department shall notify the person accused of a violation, in
writing, stating specifically the nature of the alleged
violation. Upon receipt of a notice of violation the person
receiving it shall pay the assessed fine to the department
within sixty (60) days or file an appeal to the electrical
board. The department shall determine the amount of the civil
penalty to be imposed in accordance with the limitations
expressed in subsection (c) of this section. Each violation is
a separate offense. If an appeal is submitted to the electrical
board, the board shall hear the appeal at its next regularly
scheduled meeting. At the appeal hearing, the electrical board
may uphold the proposed fine, rule that the alleged violation is
not substantiated, or reduce the amount of the proposed fine.
(e) A civil penalty may be recovered in an action brought
thereon in the name of the state of Wyoming in any court of
appropriate jurisdiction. Failure to pay the fine imposed by
the department and upheld by the electrical board shall result
in suspension of the electrical license until such time as the
fine is paid in full.
(f) The provisions of subsections (c) through (e) of this
section are in addition to and not instead of any other
enforcement provisions contained in this article, except that no
criminal penalty shall be applicable if a civil penalty has been
imposed under this section for the same violation.
35-9-131. Investigation of electrocutions; powers of chief
electrical inspector.
(a) Except in cases where a federal agency has and asserts
the right to control an investigation under applicable federal
law or when an entity or activity involved is regulated by the
Wyoming public service commission, the chief electrical
inspector, or his designee, may investigate the cause, origin
and circumstances of each incident of electrocution or serious
injury from electrical contact occurring in the state. In cases
where more than one (1) agency has investigative authority over
the incident, all agencies shall work together to fully
investigate.
(b) In performing the duties imposed by this section, the
chief electrical inspector, or his designee, may:
(i) Enter and examine any property, building or
premises where any incident occurred;
(ii) Enter any property, building or premises
adjacent to that in which an incident occurred;
(iii) Take full control and custody of the buildings
and premises until his examinations and investigations are
completed; and
(iv) Take testimony under oath and cause the
testimony to be reduced to writing. In taking testimony and
performing an investigation, the chief electrical inspector or
his designee may:
(A) Subpoena witnesses and compel their
attendance before him;
(B) Cause to be produced papers he requires in
the examination; and
(C) Administer oaths and affirmations to persons
appearing as witnesses before him.
(c) When the examination discloses that an incident
involved criminal activity, the chief electrical inspector shall
transmit a copy of the testimony to the district attorney for
the county where the incident occurred.
(d) As used in this section, "incident" means an event in
which a person is seriously injured or killed as a result of
transient electrical current from an electrical device or
installation.
Division 4. Tank System Requirements
35-9-141. Repealed By Laws 1999, ch. 7, § 2.
35-9-142. Repealed By Laws 1999, ch. 7, § 2.
Division 5. Wyoming Emergency Response Act
35-9-151. Short title.
This act shall be known and may be cited as the "Wyoming
Emergency Response Act".
35-9-152. Definitions.
(a) As used in this act:
(i) "Emergency responders" means public, state or
federal fire services, law enforcement, emergency medical
services, public health, public works including certified water
and wastewater operators, homeland security and other public
response services or agencies that would be involved in direct
actions to contain or control a hazardous material release,
weapons of mass destruction incident or clandestine laboratory
investigation. The term "emergency responders" does not include
private on-site facilities with immediate emergency response
capabilities unless formally requested to assist off the private
facility site by the state or a political subdivision of the
state;
(ii) "Emergency response" means a clandestine
laboratory investigation or a response to any occurrence,
including a weapon of mass destruction incident, which has
resulted, or may result, in a release of a hazardous material;
(iii) "Hazardous material" means any substance,
material, waste or mixture designated as hazardous material,
waste or substance as defined in 49 C.F.R. part 171.8, as
amended as of April 1, 2004;
(iv) "Incident" means the release, or imminent threat
of release, of a hazardous material, or a situation involving a
potential weapon of mass destruction that requires the emergency
action of responders to limit or prevent damage to life or
property. "Incident" also includes the discovery of hazardous
materials related to clandestine laboratory operations as
defined in W.S. 35-7-1058;
(v) "Incident commander" means the person in charge
of all responders at the site of an emergency response;
(vi) "Local emergency response authority" means the
single point of contact designated for a political subdivision
for coordinating responses to incidents;
(vii) "Political subdivision" means any county, city,
town or fire protection district of the state;
(viii) "Regional emergency response team" means any
group of local government emergency responders brought together
and supported by the state and confirmed by the director,
department of homeland security to assist an affected
jurisdiction within the different regions of the state with the
intent to protect life and property against the dangers of
incidents and emergencies involving hazardous materials or
weapons of mass destruction;
(ix) "Transporter" means an individual, firm,
copartnership, corporation, company, association or joint stock
association, including any trustee, receiver, assignee, or
similar representative, or a government or Indian tribe, or an
agency or instrumentality of any government or Indian tribe,
that transports a hazardous material to further a commercial
enterprise or offers a hazardous material for transportation in
commerce. "Transporter" does not include the following:
(A) The United States Postal Service;
(B) Any government or Indian tribe, or an agency
or instrumentality of any government or Indian tribe, that
transports hazardous material for a governmental purpose.
(x) "Director, department of homeland security" means
as defined in W.S. 19-13-102(a)(v);
(xi) "Unified command" means a system of command that
allows all parties with jurisdictional or functional
responsibility for the incident to work together to develop a
common set of incident objectives and strategies, share
information, maximize the utilization of available resources and
enhance the efficiency of the individual response organizations;
(xii) "Weapons of mass destruction" means as defined
in 18 U.S.C. 2332(a) as of April 1, 2004, or as subsequently
defined by rules and regulations of the director, department of
homeland security;
(xiii) "This act" means W.S. 35-9-151 through
35-9-159.
35-9-153. State emergency response commission; creation;
duties.
(a) There is created a state emergency response commission
that shall consist of members appointed by the governor to
advise the director, department of homeland security and the
department of homeland security with respect to activities under
this act. The commission shall consist of not less than four (4)
members representing the mining, trucking, manufacturing, energy
and railroad industries, one (1) member each from the
legislature, local government, local law enforcement, fire
services, the Eastern Shoshone tribe, the Northern Arapaho
tribe, homeland security, the media, the medical field,
emergency medical services and the general public, and one (1)
representative from each of the following state agencies:
(i) The department of environmental quality;
(ii) The department of health;
(iii) The department of transportation;
(iv) The department of agriculture;
(v) The department of fire prevention and electrical
safety;
(vi) The University of Wyoming.
(b) The governor may remove any member as provided in W.S.
9-1-202.
(c) The commission shall appoint a chairman and other
officers deemed necessary from among its members. The commission
may meet as often as deemed necessary by a majority of the
commission or at the request of the director, department of
homeland security. Commission members who are not state
employees may be reimbursed for per diem and mileage for
attending commission meetings in the same manner and amount as
state employees.
(d) The governor may give consideration to the
geographical location of the commission members, to the extent
possible, in order to have broad representation of the
geographical areas of the state.
(e) The commission shall review collection and
disbursement of funds and advise the director, department of
homeland security on activities and responsibilities under this
act.
(f) The commission shall, by rule, establish emergency
planning districts in accordance with the requirements of 42
U.S.C. 11001 et seq. and in compliance with the Wyoming
Administrative Procedure Act, to consist of twenty-three (23)
districts corresponding to the jurisdictions of the twenty-three
(23) counties of the state. The commission shall appoint members
of the local emergency planning committees for each emergency
planning district to include representatives required by 42
U.S.C. 11001, et seq. The commission shall annually review
memberships and activities of the local emergency planning
committees and report to the governor annually on those
activities. The commission shall work with each board of county
commissioners and city council to promote support by the board
for the local emergency planning committee in the county.
(g) The commission shall perform all duties and acts
prescribed by 42 U.S.C. 11001 et seq., and all other applicable
law, with the assistance of the Wyoming department of homeland
security and other state agencies determined to be necessary by
the commission.
(h) The commission shall, by rule and regulation,
establish standards for protection of the safety of responding
personnel during clandestine laboratory incident responses,
standards for determining a site uninhabitable under W.S.
35-9-156(d), standards for determining the extent of
contamination and standards for remediation required to render
former clandestine laboratory operation sites safe for re-entry,
habitation or use with respect to the following:
(i) Decontamination and sampling standards and best
management practices for the inspection and decontamination of
property and the disposal of contaminated debris;
(ii) Appropriate methods for the testing of buildings
and interior surfaces, furnishings, soil and septic tanks for
contamination;
(iii) When testing for contamination may be required;
and
(iv) When a site may be declared remediated.
(j) The commission shall, by rule and regulation,
establish due process standards for the protection of the
property interests of real estate owners, subject to subsection
(h) of this section.
35-9-154. Emergency response training, planning and
reporting.
(a) After consultation with the commission and the state
fire marshal, the director, department of homeland security
shall:
(i) Coordinate, develop, implement and make available
a comprehensive voluntary training program designed to assist
emergency responders in hazardous material or weapons of mass
destruction incidents;
(ii) Provide for ongoing training programs for
political subdivisions, state agency employees and private
industry employees involved in responding to hazardous materials
or weapons of mass destruction incidents;
(iii) Assist with emergency response planning by
appropriate agencies of government at the local, state and
national levels.
35-9-155. Regional response teams; rulemaking.
(a) The state, political subdivisions of the state and
other units of local government, may contract or coordinate to
make available for use in any county, city or fire protection
district any part of a regional emergency response team of
appropriately trained personnel and specialized equipment
necessary to respond to an incident or emergency.
(b) Members of the regional emergency response teams shall
be indemnified and defended from liability by the state self-
insurance program:
(i) While engaged in response to incidents outside
their normal jurisdiction and pursuant to an appropriate request
for assistance; or
(ii) While traveling to or from an operation
authorized by this act.
(c) The state may lend equipment and personnel and make
grants from available state or federal funds for the purchase of
equipment to any local government participating in the regional
emergency response program.
(d) The director, department of homeland security, in
consultation with the state fire marshal and subject to approval
by the state emergency response commission, shall:
(i) Promulgate rules and regulations establishing:
(A) Standards for regional response teams;
(B) Hazardous material emergency response
training confirmation;
(C) Local and regional hazardous materials or
weapons of mass destruction incident response reporting.
(ii) Establish criteria for providing aid to regional
emergency response teams.
35-9-156. Local response authority.
(a) Every political subdivision of the state shall
designate a local emergency response authority for responding to
and reporting of hazardous material or weapons of mass
destruction incidents that occur within its jurisdiction. The
designation of a local emergency response authority and copies
of any accompanying agreements and other pertinent documentation
created pursuant to this section shall be filed with the
director, department of homeland security within seven (7) days
of the agreement being reduced to writing and signed by all
appropriate persons.
(b) Every local emergency response authority shall
coordinate the response to an incident occurring within its
jurisdiction in a fashion consistent with standard incident
command protocols. The local emergency response authority shall
also coordinate the response to an incident which initially
occurs within its jurisdiction but which spreads to another
jurisdiction. If an incident occurs on a boundary between two
(2) jurisdictions or in an area not readily ascertainable, the
first local emergency response authority arriving at the scene
shall coordinate the initial emergency response and shall be
responsible for seeking reimbursement for the incident on behalf
of all responding authorities entitled to reimbursement under
W.S. 35-9-157(a).
(c) Any unusual incident involving hazardous materials or
weapons of mass destruction and any incident involving a
clandestine laboratory operation shall be investigated to
determine if a criminal act has occurred until it is determined
otherwise. To ensure preservation of evidence while mitigating
the threat to life and property under this subsection, a command
structure with primary command authority by the appropriate law
enforcement agency shall be implemented.
(d) The incident commander shall declare an incident ended
when he has determined the threat to public health and safety
has ended. Until the incident commander has declared the threat
to public safety has ended the incident commander shall have the
authority to issue an order on behalf of the political
subdivision that any portion of the building, structure or land
is uninhabitable or contaminated, secure the portion of the
building, structure or land that is uninhabitable or
contaminated and take appropriate steps to minimize exposure to
identified or suspected contamination at the site or premise.
If the subject of the site or premise is commercial real estate,
the incident commander shall limit the declaration of
uninhabitable or contaminated to the areas affected by the
clandestine laboratory operation and shall not declare the
entire commercial real estate uninhabitable or contaminated
unless the entire commercial property has been documented and
determined uninhabitable or contaminated using the standards
promulgated by the state emergency response commission under
W.S. 35-9-153(h). The incident commander shall provide written
notice to the commercial real estate owner, describing with
specificity the extent of the commercial property deemed
uninhabitable or contaminated. Any property that is ordered
uninhabitable or contaminated under this subsection shall only
be transferred or sold prior to remediation if full, written
disclosure is made to the prospective purchaser, attached to the
earnest money receipt if any, and shall accompany the sale
documents but not be a part of the deed nor shall it be
recorded. The transferor or seller shall notify the incident
commander of the transfer or sale within ten (10) days of the
transfer or sale. Receipt of full written disclosure under this
subsection constitutes a full release of liability on the part
of the seller or transferor and acceptance of liability on the
part of the buyer or transferee unless otherwise agreed to in
writing by the transferor and transferee.
(e) The order issued under subsection (d) of this section
shall be in writing, shall state the grounds for the order and
shall be filed in the office of the clerk of the district court
of the county in which the building or structure is situated. A
copy of the order shall be served in accordance with the Wyoming
Rules of Civil Procedure upon the owner and any occupants of the
building or structure with a written notice that the order has
been filed and shall remain in force, unless the owner or
occupant files his objections or answer with the clerk of the
district court within the time specified in subsection (f) of
this section. A copy of the order shall be posted in a
conspicuous place upon the building or structure.
(f) Within twenty (20) days of service of an order issued
under subsection (d) of this section, the owner or occupant may
file with the clerk of the district court and serve upon the
political subdivision issuing the order, an answer denying the
existence of any of the allegations in the order. If no answer
is filed and served, the court shall affirm the order declaring
the site uninhabitable and fix a time when the order shall be
enforced. If an answer is filed and served, the court shall hear
and determine the issues raised as set forth in subsection (g)
of this section.
(g) The court shall hold a hearing within eleven (11) days
from the date of the filing of the answer. If the court
sustains the order, the court shall fix a time within which the
order shall be enforced. Otherwise, the court shall annul or
set aside the order declaring the property to be uninhabitable.
(h) An appeal from the judgment of the district court may
be taken by any party to the proceeding in accordance with the
Wyoming Rules of Appellate Procedure.
35-9-157. Right to claim reimbursement.
(a) The state, political subdivision of the state or other
unit of local government is hereby given the right to claim
reimbursement for the costs resulting from action taken to
remove, contain or otherwise mitigate the effects of a hazardous
materials abandonment, a hazardous materials spill or a weapons
of mass destruction incident.
(b) Notwithstanding subsection (a) of this section and
except with respect to a response to a clandestine laboratory
operation incident, no person shall be liable under this act if
the incident was caused by:
(i) An act of God; or
(ii) An act or omission of a person not defined as a
transporter under this act, provided that:
(A) The potentially liable person exercised
reasonable care with respect to the hazardous material involved,
taking into consideration the characteristics of the hazardous
material in light of all relevant facts and circumstances; and
(B) The potentially liable person took
reasonable precautions against foreseeable acts or omissions of
any third person and the consequences that could foreseeably
result from those acts or omissions.
(c) Local emergency response authorities and regional
emergency response teams shall be entitled to recover their
reasonable and necessary costs incurred as a result of their
response to a hazardous material or weapons of mass destruction
incident. Costs subject to recovery under this act include, but
are not limited to, the following:
(i) Disposable materials and supplies acquired,
consumed and expended specifically for the purpose of the
response;
(ii) Remuneration of employees for the time and
efforts devoted to responding to a hazardous materials or
weapons of mass destruction incident outside the responders’
normal jurisdiction;
(iii) A reasonable fee, as established through rules
and regulations of the director, department of homeland
security, for the use of equipment, including rolling stock, in
responding to a hazardous materials or weapons of mass
destruction incident outside the responders' normal
jurisdiction;
(iv) Rental or leasing of equipment used specifically
for the response;
(v) At value replacement costs for equipment owned by
the person claiming reimbursement that is contaminated beyond
reuse or repair, if the loss occurred as a result of the
response;
(vi) Decontamination of equipment contaminated during
the response;
(vii) Special technical services specifically
requested and required for the response;
(viii) Medical monitoring or treatment of response
personnel;
(ix) Laboratory expenses for analyzing samples taken
during the response; and
(x) If determined to involve criminal activity, all
costs and expenses of the investigation.
(d) Nothing contained in this section shall be construed
to change or impair any right of recovery or subrogation arising
under any other provision of law.
35-9-158. Expense recovery and civil remedies.
(a) The decision to commence a civil action to recover
expenses shall be made by the state, political subdivision of
the state or other unit of local government, including local
emergency response authorities and regional response teams, in
consultation with the attorney general or county or municipal
attorney as appropriate. With respect to a civil action to
recover expenses for a clandestine laboratory operation
incident, the governing body shall first make such claim against
the party responsible for the clandestine laboratory operation
and shall use the proceeds of any asset forfeiture directly
related to the building or structure containing the clandestine
laboratory to offset expenses, including expenses for
remediation of the site. Claims of expenses for remediation for
a clandestine laboratory operation incident may be made against
the owner of a building or structure containing a clandestine
laboratory operation only as follows:
(i) The law enforcement agency acting as an emergency
responder shall keep an accurate account of the expenses
incurred in carrying out the remediation and shall report the
actions and present a statement of the expenses incurred and the
amount received from any salvage sale to the court for approval
and allowance;
(ii) The court shall examine, correct, if necessary,
and allow the expense account to the extent the expenses exceed
those recovered from the party responsible for the clandestine
laboratory operation. If the owner did not know or could not
with reasonable diligence have known of the clandestine
laboratory operation, the amount recoverable from the owner
shall be limited to one percent (1%) of the fair market value as
determined by the county assessor of that portion of the
building, structure or land declared uninhabitable by the
incident commander;
(iii) The amount allowed by the court constitutes a
lien against the real property on which a clandestine laboratory
operation incident occurred or was situated. If the amount is
not paid by the owner within six (6) months after the amount has
been examined and approved by the court, the real estate may be
sold under court order by the county sheriff in the manner
provided by law for the sale of real estate upon execution;
(iv) The proceeds of the sale shall be paid into the
treasury of the governing body of the law enforcement agency
acting as the emergency responder. If the amount received as
salvage or upon sale exceeds the expenses allowed by the court,
the court shall direct payment of the surplus to the previous
owner for his use and benefit;
(v) Whenever any debt which is a lien pursuant to
this subsection is paid and satisfied, the law enforcement
agency acting as an emergency responder shall file notice of
satisfaction of the lien statement in the office of the county
clerk of any county in which the lien is filed; and
(vi) If the expenses of the law enforcement agency
exceed the amount allowed by the court pursuant to paragraph
(ii) of this subsection, the law enforcement agency acting as an
emergency responder may apply for reimbursement of the excess
expenses from the funds as authorized by W.S. 1-40-118(g)(i)(C).
If the expenses further exceed amounts available under W.S.
1-40-118(g)(i)(C), the emergency responder may apply for
reimbursement from the clandestine laboratory remediation
account created pursuant to W.S. 35-9-159(f).
(b) Prior to commencing a civil action for recovery of
expenses pursuant to this act, the governmental entity shall
afford the person alleged to owe those expenses a reasonable
opportunity to engage in nonbinding mediation. Each party to
mediation shall bear his own costs and expenses, including a
proportionate share of the fees of the mediator.
(c) In the event that the attorney general or county or
municipal attorney prevails in a civil action for reimbursement
under this act, the court shall award costs of collection
including reasonable attorney's fees, investigation expenses and
litigation expenses.
(d) Any person who receives remuneration for the emergency
response expenses pursuant to any other federal or state law
shall be precluded from recovering reimbursement for those
expenses under this act. Nothing in this act shall otherwise
affect or modify in any way the obligations or liability of any
person under any other provision of state or federal law,
including common law, for damages, injury or loss resulting from
the release of any hazardous material or for remedial action or
the expenses of remedial action for the release.
35-9-159. Exceptions to reimbursements; exception to act;
clandestine laboratory remediation fund.
(a) This act shall not apply to releases of a hazardous
material where there is an immediate on-site private industry
response capability to the emergency. The exemption under this
subsection shall apply only if the private industry files
evidence of its immediate response capability to respond to
emergency releases of hazardous materials that may be present at
the site of the private industry or the responsible party and
incident commander have determined that the local or regional
response team is no longer required and should be released. The
exemption shall not apply if emergency responders responded to a
release of hazardous materials at the request of the on-site
private industry where the emergency occurred.
(b) Except with respect to a response to a clandestine
laboratory operation incident, the state, political subdivisions
of the state or other unit of local government shall not be
entitled to reimbursement under this act from any responsible
party for an incident involving less than the following
quantities of hazardous materials:
Hazard Class/Division Hazard Type Quantity subject to
from 49 CFR reimbursement
Article 100-185
1.1, 1.2, 1.3 Explosive Materials Any quantity
(Table 1 materials)
1.4, 1.5, 1.6 Explosive Materials 1001 pounds
(Table 2 materials)
2.1 Flammable Gas 150 gallons
(Table 2 material)
2.3 Poison Gas Any quantity
(Table 1 material)
3 Flammable Liquid 150 gallons
(Table 2 material)
3 Combustible Liquid 300 gallons
(Table 2 material)
4.1 Flammable Solid or 11 pounds
4.2 Spontaneously Combustible
(Table 2 materials) Material
4.3 Dangerous When Wet 3 pounds
(Table 1 material)
5.1 Oxidizer 1001 pounds
(Table 2 material) (Includes inorganic
Peroxides)
5.2 Organic Peroxide 66 pounds
(Table 1 material)
6.1 Poison (Inhalation 32 pounds
(Table 1 material) Hazard Zone A or B)
6.1 Poison (Other than 1001 pounds
(Table 2 material) Inhalation Hazard Zone
A or B)
6.2 Infectious Substance 1001 pounds
(Table 2 material)
Class 7 Radioactive Material Any quantity
(Table 1 material) (Yellow Label III only)
Class 8 Corrosive Material 1001 pounds
(Table 2 material)
Class 9 Miscellaneous 1001 pounds
(Table 2 material) Hazardous Material
(c) The initial response authority shall seek
reimbursement on behalf of all responders entitled to
reimbursement under this act from any responsible party for an
incident involving hazardous materials under this act.
(d) Notwithstanding any other provision of this act, if a
local law enforcement agency acting as an emergency responder
does not find an immediate and substantial threat to public
health when responding to a clandestine laboratory operation
incident the local law enforcement agency discovering the
clandestine laboratory operation shall provide written notice of
the discovery to the owner of the property. The owner of the
property shall have ninety (90) days to remediate the property
in accordance with standards established pursuant to W.S.
35-9-153(h). If the property is not remediated within ninety
(90) days of receipt of notice pursuant to this subsection, the
law enforcement agency acting as an emergency responder may take
remediation action as provided in rules authorized under W.S.
35-9-153(h). If the owner is unable to complete the remediation
within ninety (90) days, the owner may request an extension of
time from the local law enforcement agency which shall grant the
extension if it finds:
(i) The owner is making a good faith effort to
remediate the property; and
(ii) The owner has a practical time schedule to
complete the remediation.
(e) The owner may appeal a notice to remediate a
clandestine laboratory operation or a denial of an extension
under subsection (d) of this section in accordance with W.S.
16-3-114 of the Administrative Procedure Act. The law
enforcement agency's authority to take remediation action shall
be stayed while the appeal is pending.
(f) There is created the clandestine laboratory
remediation account to be administered by the attorney general.
A local law enforcement agency acting as an emergency responder
may apply for reimbursement from the account for expenses
incurred in responding to a clandestine laboratory operation
incident as provided in W.S. 35-9-158(a)(vi).
Division 6. Survivors' Benefits
35-9-161. Repealed By Laws 2007, Ch. 91, § 3.
35-9-162. Fire training facility; oversight.
The state fire marshal is authorized to purchase on behalf of
the state the state fire training academy facility in Riverton.
The state fire marshal shall be responsible for all transaction
costs involved in the purchase. The state fire marshal is
authorized to operate the facility thereafter.
35-9-163. Enforcement of building codes; application of
building codes to specific uses.
(a) Except as provided in this article for any county or
municipality requesting and granted local enforcement authority
pursuant to W.S. 35-9-121, no state or local official authorized
to enforce the provisions of this article shall interpret or
enforce any building codes or standards adopted by the state or
local governmental entity in a way that is more stringent or
burdensome than required by the standards or codes.
(b) Notwithstanding any other provision of law, short term
rental of detached one (1) and two (2) family dwellings and
townhomes shall not be regulated as a commercial use for
purposes of fire, building and electrical standards and shall
not be subject to regulation under the International Building
Code.
ARTICLE 2 - FIRE PROTECTION DISTRICTS
35-9-201. Applicability; powers of districts generally.
This act shall apply to a fire protection district created under
the provisions of this act or under the provisions of article 1,
chapter 45, Wyoming Compiled Statutes, 1945, as amended. Such
fire protection district is hereby authorized to provide
protection from fire and other public safety emergencies for all
persons and property within its boundaries, and to contract,
including mutual aid agreements, to give or receive such
protection to or from one (1) or more other municipal
corporations, other fire protection districts, private
organizations or individuals. No fire protection district is
liable for damages to persons or property resulting from the
operation or presence of fire fighting equipment outside the
district boundaries pursuant to an agreement or contract under
this section. Entry into an agreement or contract pursuant to
this section does not create a new or reorganized taxing entity
as provided in W.S. 39-13-104(m).
35-9-202. Election of board of directors.
(a) The election of the initial board of directors shall
be held by the board of county commissioners at the same time as
the election for formation of the district, or at the next
general election in the case of a district created pursuant to
W.S. 35-9-213. There shall be elected a board of directors
consisting of either three (3) or five (5) members, the number
of which is to be designated by the county commissioners
pursuant to subsection (e) of this section, who are residents
living within the district who shall serve without compensation.
Within ten (10) days after each election the board shall meet
and select a president and a secretary-treasurer. The first
elected board shall serve until the next director election as
provided in W.S. 22-29-112. At the first director election of a
three (3) member board, one (1) member of the board shall be
elected for two (2) years, and two (2) members for four (4)
years, for staggered terms. Thereafter, directors shall be
elected for four (4) year terms. At the first director election
of a five (5) member board, two (2) members of the board shall
be elected for two (2) years and three (3) members for four (4)
years. Biennial elections shall be held in accordance with the
Special District Election Act of 1994.
(b) The board is authorized to:
(i) Increase the number of directors to five (5) when
the assessed valuation of the property of the district exceeds
three million dollars ($3,000,000.00);
(ii) Divide the district into director districts and
provide for the election of a director from each director
district to be chosen by all voters of the fire protection
district. The board may provide for district directors to be
apportioned in any combination of single member, multi-member or
at-large representation; and
(iii) Fix the initial term of the additional
directors so that the term of not more than three (3) directors
shall expire in any one (1) year.
(c) Director districts and biennial elections shall be
approved by the board of county commissioners of the county in
which the district is located.
(d) Directors are subject to the conflict of interest
disclosure requirements of W.S. 6-5-106 and 16-6-118.
(e) The board of county commissioners may provide for the
election of an initial board of directors with five (5) members
if the assessed valuation of property of the district exceeds
three million dollars ($3,000,000.00) at the time the district
is formed.
35-9-203. Powers and duties of board of directors
generally; administration of finances; assessment and levy of
taxes.
(a) The board of directors of any fire protection district
is hereby authorized to enact such ordinances as may be
necessary to establish and operate a fire protection district
and shall file them with the county clerk for each county in
which the district is located. The board of directors of fire
protection districts shall administer the finances of such
districts according to the provisions of the Wyoming Uniform
Municipal Fiscal Procedure Act, except that an annual audit in
accordance with W.S. 16-4-121 is not required. Each fire
protection district shall comply with the provisions of W.S. 9-
1-507(a)(iii). The assessor shall, at the time of making the
annual assessment of his county, also assess the property of
each fire protection district in his county and return to the
county assessor at the time of returning the assessment
schedules, separate schedules listing the property of each fire
protection district assessed by him. The separate schedules
shall be compiled by the county assessor, footed, and returned
to the board of county commissioners as provided for other
assessment schedules.
(b) The board of county commissioners, at the time of
making the levy for county purposes shall levy a tax for the
year upon the taxable property in such district in its county
for its proportionate share based on assessed valuation of the
estimated amounts of funds needed by each district. In no case
shall the tax for each district exceed in any one (1) year the
amount of three (3) mills for operation on each dollar of
assessed valuation of such property. There shall be no limit on
the assessment for payment of principal and interest on bonds
approved by the board of and the electors of the districts as
provided in W.S. 35-9-204. The taxes and assessments of all fire
protection districts shall be collected by the county collector
at the same time and in the same manner as state and county
taxes are collected. The assessment and tax levied under the
provisions of W.S. 35-9-201 through 35-9-209 shall not be
construed as being a part of the general county mill levy.
(c) A fire protection district formed pursuant to this act
may, as a condition for a position with the district, require
applicants to submit to fingerprinting in order to obtain state
and national criminal history record information.
35-9-204. Issuance of bonds; authority of board to submit
questions to electors; restriction upon amount; interest;
purpose.
The board of directors of a fire protection district is
authorized, whenever a majority thereof so decide, to submit to
the electors of the district the question whether the board
shall be authorized to issue the coupon bonds of the district in
a certain amount, not to exceed four percent (4%) of the
assessed valuation of taxable property in the district, and
bearing a certain rate of interest, payable and redeemable at a
certain time, not exceeding twenty-five (25) years for the
purchase of real property, for the construction or purchase of
improvements, and for equipment for fire protection district
purposes.
35-9-205. Issuance of bonds; conduct of election; canvass
of returns.
The election authorized under W.S. 35-9-204 shall be called,
conducted and the results thereof canvassed and certified in all
respects as near as practicable in the same manner as provided
for bond elections by the Political Subdivision Bond Election
Law, W.S. 22-21-101 through 22-21-112.
35-9-206. Issuance of bonds; notice; bids.
If the proposal to issue said bonds shall be approved, the board
of directors must issue such bonds in such form as the board may
direct and shall give notice by publication in some newspaper
published in the counties in which said district is located and
in some newspaper of general circulation in the capital of the
state of its intention to issue and negotiate such bonds, and to
invite bidders therefor; provided that in no case shall such
bonds be sold for less than their full or par value and the
accrued interest thereon at the time of their delivery. And the
said trustees are authorized to reject any bids, and to sell
said bonds at private sale, if they deem it for the best
interests of the district.
35-9-207. Issuance of bonds; form of bonds; execution;
registration.
After ascertaining the best terms upon and the lowest interest
at which said bonds can be negotiated, the board shall secure
the proper engraving and printing and consecutive numbering
thereof, and said bonds shall thereupon be otherwise properly
prepared and executed; they must bear the signature of the
president of the board of directors and be countersigned by the
secretary of the board and bear the district seal and be
countersigned by the treasurer of the board, and the coupons
attached to the bonds must be signed by the president, secretary
and treasurer; and the secretary of the board shall endorse a
certificate upon every such bond, that the same is within the
lawful debt limit of such district and is issued according to
law and he shall sign such certificate in his official
character. When so executed they shall be registered by the
county treasurer where said district's funds are kept in a book
provided for that purpose, which shall show the number, date,
amount of bond, time and place of payment, rate of interest,
number of coupons attached and any other proper description
thereof for future identification.
35-9-208. Issuance of bonds; payment of principal and
interest.
The county treasurer where said district's funds are kept may
pay out of any monies belonging to said district tax fund, and
from the tax fund of a detracted district as provided in W.S.
35-9-215(b), the interest and the principal upon any bonds
issued under this chapter by such district, when the same
becomes due, upon the presentation at his office of the proper
coupon or bond, which must show the amount due, and each coupon
must also show the number of the bond to which it belonged, and
all bonds and coupons so paid must be reported to the district
directors at their first regular meeting thereafter.
35-9-209. Procedure for proposing establishment of fire
protection district.
(a) Repealed by Laws 1998, ch. 115, § 5.
(b) Repealed by Laws 1998, ch. 115, § 5.
(c) Repealed by Laws 1998, ch. 115, § 5.
(d) Repealed by Laws 1998, ch. 115, § 5.
(e) Repealed by Laws 1998, ch. 115, § 5.
(f) Repealed by Laws 1998, ch. 115, § 5.
(g) Repealed by Laws 1998, ch. 115, § 5.
(h) Repealed by Laws 1998, ch. 115, § 5.
(j) A fire protection district may be established under
the procedures for petitioning, hearing and election of special
districts, and subsequent elections shall be held, as set forth
in the Special District Elections Act of 1994.
(k) Notwithstanding subsection (j) of this section, a fire
protection district may be established through division of an
existing fire protection district pursuant to W.S. 35-9-213
through 35-9-215.
35-9-210. District formation initiated by resolution of
county commissioners; procedures; conditions.
(a) A fire protection district comprised of lands within
unincorporated areas of the county which are not within existing
fire protection districts may be created under the following
procedure:
(i) The board of county commissioners may, by
resolution, identify lands to be included within the proposed
district and submit the question of establishing the district to
the electors of the proposed district at the next general
election. The board shall provide notice that it will consider a
resolution under this paragraph at least thirty (30) days prior
to the meeting at which the resolution will be considered.
Notice of the election shall be given as required by W.S.
22-29-110;
(ii) If the establishment of the district is defeated
at the election, the board may refuse to provide fire and public
safety protection to the area within the proposed district
commencing with the succeeding fiscal year. If a majority of the
voters in the proposed district voting at the election vote for
the establishment of the district, the board of county
commissioners shall enter that fact upon its records and the
district is established. The board shall hold an election for a
district board of directors under W.S. 35-9-202. Districts
formed under this subsection are otherwise subject to W.S.
35-9-201 through 35-9-208.
35-9-211. Formation of county commission fire protection
districts; procedures; conditions.
(a) As an alternative to the procedures provided by W.S.
35-9-210, a county commission fire protection district comprised
of lands within unincorporated areas of the county which are not
within existing fire protection districts and which are
currently receiving fire protection or public safety services
from an existing fire department funded by the county may be
created under the following procedure:
(i) The board of county commissioners may, by
resolution, identify lands to be included within the proposed
county commission fire protection district and submit the
question of establishing the district to the electors of the
proposed district at the next general election. The board shall
provide notice that it will consider a resolution brought
pursuant to this paragraph at least thirty (30) days prior to
the meeting at which the resolution will be considered. Notice
of the election to establish the district shall be given as
required by W.S. 22-29-110;
(ii) If the establishment of the district is defeated
at the election, the board may refuse to provide fire and public
safety protection to the area within the proposed district
commencing with the succeeding fiscal year. If a majority of the
voters in the proposed district voting at the election vote for
the establishment of the district, the board of county
commissioners shall enter that fact upon its records and the
district is established. Following establishment of the
district:
(A) Pursuant to the assessed property valuation
requirements of W.S. 35-9-202(e) the board of county commissions
shall appoint either three (3) or five (5) members to the board
who are residents and property owners within the district and
who shall serve on the board until the next election of
directors, at which time the members of the board shall be
elected in accordance with W.S. 35-9-202;
(B) The board of county commissioners shall
annually levy a tax on the taxable property in the district as
provided by W.S. 35-9-203 and shall expend the proceeds of the
tax solely for the support of the fire department or agency
providing fire protection or public safety services for the
property within the district or outside the district pursuant to
a mutual aid agreement as provided in W.S. 35-9-201.
(b) A county commission fire protection district created
under this section may, as a condition for a position with the
district, require applicants to submit to fingerprinting in
order to obtain state and national criminal history record
information.
35-9-212. Division of fire protection district authorized.
Fire protection districts may be divided as provided in W.S.
35-9-213 through 35-9-215.
35-9-213. Petition for division; hearing and notice.
(a) Whenever a petition in writing is made to the county
commissioners, signed by the owners of fifty percent (50%) or
more of the privately owned lands of an area proposed to be
detracted from the original fire protection district, who
constitute fifty percent (50%) or more of the taxpayers within
the proposed detracted area based upon the last completed
assessment roll, the county commissioners shall, within twenty
(20) days from the receipt of the petition, give notice of the
hearing on the petition by:
(i) Mailing a copy of the notice by first-class mail
to each landowner in the district at the address shown in the
assessment roll;
(ii) Causing a notice thereof to be posted, at least
twenty (20) days prior to the time appointed by them for the
consideration of the petition, in at least three (3) public
places within the proposed detracted area and also in at least
three (3) public places within the remaining area; and
(iii) Publishing a notice in the newspapers of
general circulation in the area of the district.
(b) The petition for detraction shall describe the
boundaries of the proposed detracted area and the boundaries of
the remaining area in the manner provided in W.S. 22-29-103(e).
(c) The county commissioners shall, on the day fixed for
hearing the petition, or on any legally postponed day, proceed
to hear the petition. Prior to the hearing the commissioners
shall appoint an individual or group of individuals from the
persons signing the petition to act in negotiations on behalf of
the proposed detracted area.
(d) If the detracting district is within two (2) or more
counties, the county commissioners for purposes of W.S. 35-9-213
and 35-9-214 are the county commissioners of the county where
the majority of the detracting district property lies.
35-9-214. Decision on petition for division; protest.
(a) The petition may be granted and the original districts
may thereupon be divided into separate districts if at the time
of the hearing on the petition the county commissioners
determine:
(i) Protests have not been signed by:
(A) The owners of twenty percent (20%) or more
of the area of the privately owned lands included within the
entire original district who constitute twenty percent (20%) or
more of the taxpayers who are landowners within the entire
original district based upon the last completed assessment roll;
or
(B) The owners of twenty percent (20%) or more
of the area of the privately owned lands included within the
area of the proposed detracted area who constitute twenty
percent (20%) or more of taxpayers who are landowners within the
proposed detracted area based upon the last completed assessment
roll.
(ii) The districts have in place standard operating
procedures that ensure that both districts have the ability to
provide fire protection to the satisfaction of the
commissioners;
(iii) The boundary changes are in the best interests
of the public; and
(iv) The mutual agreement negotiated pursuant to W.S.
35-9-215(a)(i) regarding the distribution of assets is
acceptable to the commissioners.
(b) If the required amount of protests are presented as
provided in paragraph (a)(i) of this section, the petition for
division shall be disallowed.
(c) Upon allowance of a petition for division of a fire
protection district, the board of county commissioners shall
appoint members to the newly formed board who are residents and
property owners within the newly formed district and who shall
serve on the board until the initial election of directors, at
which time the members of the board shall be elected in
accordance with W.S. 35-9-202(a).
(d) Until a board of directors for the newly formed
district shall be appointed and until the first tax assessment
is received by the newly formed district, the original fire
protection district shall remain responsible for provision of
fire protection services to the area encompassing the newly
detracted fire protection district.
35-9-215. Distribution of assets and liabilities following
division.
(a) The division of the assets of the fire protection
districts shall be apportioned as follows:
(i) Through a mutual agreement signed by the
president of the original fire protection district board and the
person or persons appointed to represent the detracted district
pursuant to W.S. 35-9-213(c);
(ii) If a mutual agreement cannot be reached as
provided in paragraph (i) of this subsection and the assets are
located entirely within one (1) county, the board of county
commissioners of that county may impose an equitable division of
the assets;
(iii) If a mutual agreement cannot be reached as
provided in paragraph (i) of this subsection and the assets are
located in more than one (1) county, the boards of county
commissioners of the counties where the assets are located may
negotiate a division of the assets, with each board having an
equal vote regardless of the number of commissioners on the
respective boards;
(iv) If a mutual agreement cannot be reached as
provided in paragraph (i), (ii) or (iii) of this subsection, the
district court of the county where a majority of the original
district's electors reside shall have jurisdiction to equitably
divide the district assets, with each county responsible to pay
legal fees and costs in proportion to the division of assets
between or among the counties.
(b) Any detracted area shall remain liable for any
existing warrant and bonded indebtedness of the original
district, which indebtedness shall be apportioned between the
divided areas according to their respective taxable valuations.
(c) New fire protection districts created by a division of
a fire protection district pursuant to W.S. 35-9-212 through
35-9-215 shall not be treated as a new or reorganized taxing
entity for purposes of W.S. 39-13-104(m).
ARTICLE 3 - AREAS OF EXTREME FIRE DANGER
35-9-301. Closing area upon recommendation of county fire
warden.
When, upon recommendation of the county fire warden, a board of
county commissioners deems the fire danger in a given area of
the county to be extreme, because of drought, the presence of an
excessive amount of inflammable material or for any other
sufficient reason, the board of county commissioners may close
the area to any form of use by the public or may limit such use
upon recommendation of the county fire warden. This closing
shall include prohibition of any type of open fire for such
period of time as the board of county commissioners may deem
necessary and proper. The county fire warden shall notify the
Wyoming state forester of any type of fire closure or the
lifting of any type of fire closure under this section.
35-9-302. Access of residents to home or property;
contents of order of proclamation.
Provided however, that nothing in W.S. 35-9-301 through 35-9-304
and no order of a board of county commissioners shall prohibit
any person residing within the area from full and free access to
his home or property, nor prevent any legitimate use thereof by
the owner or authorized personnel on ordinary day to day
business or lessee of such property. The order of proclamation
closing or limiting the use of said area shall set forth the
exact area coming under the order, the date on which the order
shall become effective, and if deemed advisable, the authority
from which permits for entry into said area may be obtained.
35-9-303. Rules.
The board of land commissioners shall promulgate rules as are
necessary to require county fire wardens and boards of county
commissioners to carry out the purposes of W.S. 35-9-301 through
35-9-304, and provide for proper notice to the public.
35-9-304. Illegal entry or use.
Any entry into or use of any area in violation of this act shall
be a misdemeanor and shall be punished by a fine of not to
exceed one hundred dollars ($100.00) or imprisonment in the
county jail for not to exceed thirty (30) days or both the fine
and imprisonment.
ARTICLE 4 - UNINCORPORATED CITIES OR TOWNS
35-9-401. Appointment of county fire warden.
County commissioners may appoint a county fire warden who shall
act under the authority of this article [chapter], W.S. 35-9-101
through 35-9-701, and the local governmental authority
responsible for fire suppression and fire prevention within the
county.
35-9-402. Duties of fire wardens.
Fire wardens or their duly designated representative shall be
responsible for management of fire suppression, fire prevention
and related activities, except within any incorporated city,
town or fire district, and responsible for coordinating fire
suppression and fire prevention activities among all county fire
agencies.
35-9-403. Repealed by Laws 1989, ch. 75, § 2.
35-9-404. Repealed by Laws 1989, ch. 75, § 2.
35-9-405. Repealed by Laws 1989, ch. 75, § 2.
35-9-406. Abatement of nuisances.
Said board of county commissioners, upon receiving notice as
aforesaid, or upon personal knowledge, shall have power to and
are hereby authorized to abate any such nuisance at the expense
of the person or persons, either by causing the same to be
removed, or by filling up, or boarding around such excavations,
as the case may be; provided, that said commissioners shall
first notify the person or persons aforesaid, to abate such
nuisances.
ARTICLE 5 - FIRE ESCAPES
35-9-501. Required in private and public buildings;
specifications generally; notices as to location to be posted.
Every building now or hereafter used, in whole or in part, as a
public building, public or private institution, office building,
lyceum, church, theater, public hall, place of assemblage or
place of public resort, and every hotel, apartment house,
boarding house, tenement house, factory or workshop, three (3)
or more stories in height, school and hospital building, two (2)
or more stories in height, shall be provided with safe and
suitable metallic, tunnel, iron or fireproof ladders or stair
fire escapes with guard rail of sufficient strength, attached to
the outside walls thereof and extending from or suitably near
the ground to the uppermost story thereof, with platforms not
less than six by three (6 x 3) feet and of such shape and size
and in such proximity to the windows of each story above the
first, as to render access to such ladders or stairs from each
such story easy and safe to the occupants of such building, in
case of fire; and it shall be the duty of every proprietor,
custodian, superintendent or person or persons having charge and
control of such public buildings mentioned and described herein,
to post notices in every hall, and in a public and conspicuous
place in such building, designating the places on each and every
floor of such building where such fire escapes are located and
may be found.
35-9-502. Means of exit; doors.
Every building now or hereafter used, in whole or in part, as a
public building, public or private institution, office building,
lyceum, church, school house, theater, picture show house,
public hall, place of assemblage or place of public resort, and
every hotel, apartment house, boarding house or tenement house,
two (2) stories or less in height, having twelve (12) or more
rooms shall be provided with at least two (2) stairways,
hallways or means of exit or escape from each story in case of
fire. In addition to the above mentioned and described stairways
and hallways or means of exit, all doors to every public hall,
lyceum, theater, picture show house, or other place of
amusement, which is thrown open to and used for the profit of
the owner or proprietor or owners or proprietors by public
assemblies in the state of Wyoming, shall not be less than three
(3) feet in width, and shall swing or open out of and not into
said public hall, lyceum, theater, picture show house, or other
place of amusement.
35-9-503. Factories, offices and other buildings to be
equipped.
Every building now or hereafter used, in whole or in part, as a
factory, mill, workshop, garage, office, bakery, laundry, store,
and any other building or buildings in which people are employed
at manual or other labor, shall be provided with proper and
sufficient means of escape in case of fire, by two (2) or more
ways of egress, and all doors leading into or to such factory,
mill, workshop, garage, office, bakery, laundry, store, and any
other building or buildings in which people are employed at
manual or other labor, shall not be locked, bolted or fastened
during working hours as to prevent free and easy access
therefrom.
35-9-504. Exits to be unobstructed; stairways to be
lighted.
All such metallic, iron or fireproof ladders or stair fire
escapes, stairways, hallways or means of egress, mentioned or
described in this act, shall at all times be kept free from any
obstruction, in good repair and ready for use; and at night, or
where lights are necessary in the daytime, a red light shall be
provided with the words inscribed thereon "FIRE ESCAPE".
Provided, that on all hotel, theater, school and hospital
buildings, two (2) or more stories in height, said stairways
shall extend from each floor of said building to the ground and
shall not be less than three (3) feet wide; the risers of said
stairs shall not be greater than eight (8) inches, and the
treads not less than ten (10) inches wide; and the platform not
less than three (3) feet wide, and in all cases the full width
of the stairs. All such stairs shall have proper guard rails not
less than twenty-eight (28) inches high. Where tubing is used
for guard rails they shall be not more than ten (10) inches
apart; and where balusters are used they shall be not more than
six (6) inches apart.
35-9-505. Applicability; fire and safety drills required
in schools; supervision of drills.
(a) This chapter shall apply to the trustees of school
districts in this state.
(b) In every public and private school in Wyoming, there
shall be a fire drill at least once every month. Safety drills
may be used in lieu of fire drills if approved by and
coordinated with the local fire department provided fire drills
are conducted at each school not less than four (4) times during
any one (1) academic year and further provided the school's fire
alarm is tested at each fire or safety drill. A safety drill
includes any organized response to a potential threat to the
health and safety of the student population. The school
administration shall supervise and administer this subsection
and shall determine the types of safety drills appropriate for
each school. In localities where a paid fire department is
maintained, a fire department member shall be requested to be in
attendance at each fire or safety drill conducted within a
school for the purpose of instruction and constructive
criticism.
35-9-506. Penalty.
Every person, firm or corporation, or his or its agents,
officers, directors or trustees, owning or having the management
or control of any such buildings or structures herein mentioned
or described, who shall fail, neglect or refuse to comply with
the provisions of this act not later than October first,
nineteen hundred seventeen, shall be deemed guilty of a
misdemeanor and on conviction thereof shall be punishable by
imprisonment in the county jail for not less than three (3), nor
more than six (6) months, or by a fine of not less than one
hundred dollars ($100.00) nor more than five hundred dollars
($500.00) or by both such fine and imprisonment. Each month or
fraction thereof in which any building designated in this act
shall remain in violation thereof shall constitute a separate
offense.
35-9-507. Applicability to cities and towns.
The provisions of W.S. 35-9-501 through 35-9-507 shall not be
applicable in any incorporated city or town that has by
ordinance adopted a uniform building code which provides among
other things adequate and safe means of inside fire escapes,
smoke towers and fireproof inclosed stairways and further fixes
the types of occupancies and types of buildings subject to the
said code.
ARTICLE 6 - VOLUNTEER FIREFIGHTER, EMT AND SEARCH AND RESCUE
PENSION ACCOUNT
35-9-601. Repealed by Laws 2015, ch. 32, § 3.
35-9-602. Repealed by Laws 2015, ch. 32, § 3.
35-9-603. Repealed by Laws 2015, ch. 32, § 3.
35-9-604. Repealed by Laws 2015, ch. 32, § 3.
35-9-605. Repealed by Laws 2015, ch. 32, § 3.
35-9-606. Repealed by Laws 2015, ch. 32, § 3.
35-9-607. Repealed by Laws 2015, ch. 32, § 3.
35-9-608. Repealed by Laws 2015, ch. 32, § 3.
35-9-609. Repealed by Laws 2015, ch. 32, § 3.
35-9-610. Repealed by Laws 2015, ch. 32, § 3.
35-9-611. Repealed by Laws 2015, ch. 32, § 3.
35-9-612. Repealed by Laws 2015, ch. 32, § 3.
35-9-613. Repealed by Laws 2015, ch. 32, § 3.
35-9-614. Repealed by Laws 2015, ch. 32, § 3.
35-9-615. Repealed by Laws 2015, ch. 32, § 3.
35-9-616. Definitions.
(a) As used in this article:
(i) "Account" or "pension account" means the
volunteer firefighter, EMT and search and rescue pension account
created pursuant to W.S. 35-9-617(a);
(ii) "Board" means the volunteer firefighter, EMT and
search and rescue pension account board created pursuant to W.S.
35-9-623(a);
(iii) "Children" means all natural children and
adopted children of the participating member, born or conceived
at the time of his death or retirement;
(iv) "Eligible retirement plan" means as defined in
W.S. 9-3-402(a)(xxvii);
(v) "Participating member" means any volunteer
firefighter, volunteer EMT or volunteer search and rescue person
for whom payments are received by the volunteer firefighter, EMT
and search and rescue pension account as prescribed in W.S. 35-
9-621(e);
(vi) "Rollover contribution" means as defined in W.S.
9-3-402(a)(xxviii);
(vii) "Spouse" means the lawful spouse of a
participating member who was married to the volunteer
firefighter, volunteer EMT or volunteer search and rescue person
at the time of the volunteer's entry into the account, or who
although married after the date of entry, is recognized as the
spouse covered by the benefits of the account as a result of
special action of the board;
(viii) "Volunteer emergency medical technician" or
"EMT" means as defined by W.S. 33-36-102(a)(x), and a person who
performs EMT services as an attendant with a state licensed
ambulance service and who devotes less than his entire time of
employment to, but is carried on the rolls of, a regularly
constituted Wyoming ambulance service, the members of which may
be partly paid and partly volunteer. Persons performing EMT
services for an industrial ambulance service as defined in W.S.
33-36-102(a)(vi) or a privately owned, for profit ambulance
service shall not be considered a volunteer emergency medical
technician or EMT. Payment of compensation for services
actually rendered by enrolled volunteers does not take them out
of this classification. Any individual who volunteers
assistance but is not regularly enrolled as an EMT is not a
volunteer within the meaning of this chapter;
(ix) A "volunteer fire department" means any duly
constituted and organized firefighting unit:
(A) Recognized by the appropriate local
government with jurisdiction of the area the unit services and
which provides fire protection services to the community as a
whole pursuant to a contract or agreement with, or as sponsored
by, a governmental entity;
(B) Operating under duly adopted bylaws;
(C) All or a portion of the members of which are
volunteers;
(D) Holding monthly meetings to conduct business
and training; and
(E) The membership of which is not comprised
exclusively of employees of a sponsoring nongovernmental entity.
(x) "Volunteer firefighter" or "firefighter" means
any individual who may or may not receive compensation for
services rendered as a volunteer firefighter and who:
(A) Is carried on the regular rolls of, but
devotes less than his entire time of employment to, activities
of a volunteer fire department, all or a portion of the members
of which are volunteer; and
(B) During the course of any one (1) year,
attends not less than fifty percent (50%) of the monthly
volunteer fire department meetings.
(xi) Repealed by Laws 2019, ch. 83, § 2.
(xii) "County search and rescue organization" means a
search and rescue operation acting under the coordination of a
county sheriff pursuant to W.S. 18-3-609(a)(iii) that:
(A) Has adopted and filed bylaws with the county
clerk for the county in which the organization is located; and
(B) Holds not less than two (2) meetings per
month and requires each volunteer search and rescue person to
attend not less than fifty percent (50%) of the total number of
meetings held each month.
(xiii) "Volunteer search and rescue person" or
"search and rescue person" means any individual who:
(A) Is engaged in search and rescue operations
with a county search and rescue organization;
(B) Is carried on the regular rolls of, but
devotes less than the individual's entire time of employment to,
activities of a county search and rescue organization; and
(C) May or may not receive compensation for
services rendered as a member of a county search and rescue
organization.
35-9-617. Volunteer firefighter, EMT and search and rescue
pension account; merger with other pension accounts; membership.
(a) The volunteer firefighter, EMT and search and rescue
pension account is created. All awards, benefits and pensions
established under this article shall be paid from the account.
(b) The account established under subsection (a) of this
section shall be controlled by the board and administered by the
director of the Wyoming retirement system. All expenses of
administration shall be paid from the account. Disbursements
from the account shall be made upon warrants drawn by the state
auditor upon certification by authorized system employees or
using an appropriate alternative method approved by the state
auditor.
(c) The account shall be comprised of all funds and
liabilities of the volunteer firemen's pension account created
pursuant to W.S. 35-9-602, the volunteer emergency medical
technician pension account created pursuant to W.S. 35-29-102,
funds directed into the account as provided by W.S. 26-4-102(b),
35-9-619(a), 35-9-621(e) and 35-9-628 and all other funds as
directed by this article and the legislature for the benefit of
the account, or the volunteer firemen's pension account or
volunteer emergency medical technician pension account,
respectively.
(d) All members and retirees of the volunteer emergency
medical technician pension account created pursuant to W.S.
35-29-101 through 35-29-112, including those members who are no
longer participating or contributing members of the volunteer
emergency medical technician pension account, but who have not
withdrawn their funds as provided by W.S. 35-29-106(f) on or
before June 30, 2015, shall become members or retirees of the
pension account created pursuant to this section.
(e) All members and retirees of the volunteer firemen's
pension account created pursuant to W.S. 35-9-601 through
35-9-615, including those contributing members who are no longer
active but who have not withdrawn their funds as provided by
W.S. 35-9-608(f) on or before June 30, 2015, shall become
members or retirees of the pension account created pursuant to
this section.
(f) The director of the retirement system shall determine
by rule and regulation a benefit level for all members joining
the pension account under subsections (d) and (e) of this
section equal to or greater than the benefits the member would
have received under the volunteer firemen's or volunteer
emergency medical technician pension accounts, respectively.
35-9-618. Annual audit; state's liability.
(a) The director of the Wyoming retirement system shall
hire an independent audit firm to perform an annual audit of the
account established under W.S. 35-9-617 and shall report audit
findings to the board and the governor.
(b) Nothing in this article shall be construed to:
(i) Except for obligations transferred pursuant to
W.S. 35-9-617(c), acknowledge any past, present or future
liability of or obligate the state of Wyoming for contribution
except the employer's contributions provided for in this
article, to either the volunteer firefighter, EMT and search and
rescue pension system provided by this article or any other
retirement system previously existing in the state of Wyoming;
or
(ii) Constitute a contract or binding obligation of
any kind whatsoever or, except as provided in subsection (c) of
this section, to create or grant any vested right or interest in
any individual, corporation or body politic.
(c) If the account is terminated, all affected members
have a nonforfeitable interest in their benefits that were
accrued and funded to date. The value of the accrued benefits to
be credited to the account of each affected member shall be
calculated as of the date of termination.
35-9-619. Authority to receive donations; investment of
monies; employment of actuary; actuarial reports.
(a) In addition to contributions from the state, counties,
volunteer fire departments and licensed ambulance services, the
board may receive and credit to the account any gifts, donations
and other contributions made by individuals, organizations and
cities, towns, counties and other political subdivisions for the
benefit of the account. The board may invest monies within the
account not immediately necessary to pay benefits, awards or
pensions under this article, in investments authorized under
W.S. 9-3-408(b).
(b) The board shall employ a consulting actuary to review
the account annually to determine its solvency and to make
recommendations as to revisions and modifications to the pension
account. The board may employ legal and other consultants as
necessary. Actuarial reports are public records and available
for inspection by all participating members of the account.
35-9-620. Contributions on behalf of volunteer
firefighters, EMTs and search and rescue persons; collection;
dual participation prohibited.
(a) The county, city, town, fire district, volunteer fire
department or licensed ambulance service for whom a
participating volunteer firefighter or EMT performs firefighting
or EMT services shall pay to the pension account the amount
required under W.S. 35-9-621(e) for those members. The county
for whom a volunteer search and rescue person performs search
and rescue services shall pay to the pension account the amount
required under W.S. 35-9-621(e) for those members. Payments
shall be collected upon terms and conditions established by the
board under W.S. 35-9-621(e) and shall be forwarded by each
collecting officer to the state retirement director for deposit
in the account. Any entity listed in this subsection may elect
to provide for a member's contribution or any portion thereof
provided that any payment of a contribution is made on behalf of
a member. Whether an entity makes a contribution for a member
shall be at the discretion of the entity as an incentive to
improve their local volunteer fire department, emergency medical
services or search and rescue services.
(b) No volunteer firefighter member of the pension account
shall participate as a member of the firemen's pension accounts
under W.S. 15-5-201 through 15-5-209 or 15-5-401 through
15-5-422 if participation is based upon covered service for the
same fire department.
35-9-621. Benefits enumerated; death of participant or
spouse; amount and payment of contributions; death benefits;
withdrawal from pension account.
(a) For any participating member attaining the retirement
age and service requirements as specified under subsection (d)
of this section, the board shall authorize a monthly payment to
the member during the member's remaining lifetime of an amount
equal to sixteen dollars ($16.00) per year of service for the
first ten (10) years of service and nineteen dollars ($19.00)
per year of service over ten (10) years of service.
(b) When any participating member or retired member dies,
the board shall immediately authorize payment monthly to the
member's surviving spouse during the spouse's remaining lifetime
of an amount equal to sixty-six percent (66%) of the member's
monthly benefit as provided in this section, if the deceased
member had at least five (5) years of active participation in
the pension account. If a participating member dies with less
than five (5) years of active participation in the pension
account, the board shall immediately authorize payment monthly
to the member's spouse, during the spouse's remaining lifetime,
of an amount equal to sixty-six percent (66%) of the equivalent
of the deceased member's benefit as if the member had attained
five (5) years of active participation in the pension account.
(c) When any participating member or retired member and
the participating member's or retired member's spouse die with
children who have not attained the age of twenty-one (21) years,
the board shall immediately authorize payment monthly to the
lawful guardians of the children of an amount equal to a
proportional share of thirty-three percent (33%) of the member's
benefit as provided in this section, if the deceased member had
at least five (5) years of active participation in the pension
account. If a participating member or retired member and the
participating member's or retired member's spouse die with
children who have not attained the age of twenty-one (21) years,
and the deceased member had less than five (5) years of active
participation in the pension account, the board shall
immediately authorize payment monthly to the lawful guardians of
the children of an amount equal to a proportional share of
thirty-three percent (33%) of the equivalent of the deceased
member's benefit as if the member had attained five (5) years of
active participation in the pension account.
(d) Members who begin to participate in the pension
account prior to attaining the age of fifty-five (55) years
shall be eligible for retirement at sixty (60) years of age, if
the member has at least five (5) years of active participation
in the pension account. Members who begin participation in the
pension account after attaining the age of fifty-five (55) years
shall be eligible for retirement after participating in the
pension account for at least five (5) years.
(e) A volunteer firefighter or volunteer EMT is a
participating member under this article for each month a
contribution of eighteen dollars and seventy-five cents ($18.75)
is made by or on behalf of the member. A volunteer search and
rescue person is a participating member under this article for
each month a contribution of thirty-seven dollars and fifty
cents ($37.50) is made by or on behalf of the member. For
purposes of eligibility for benefits under subsections (b) and
(c) of this section, a volunteer firefighter, EMT or search and
rescue person is a participating member beginning the first
month following the month in which the required monthly payment
and any required application for participation is actually
received by the Wyoming retirement system. To continue as a
participating member, subsequent monthly payments shall be
received by the Wyoming retirement system not later than three
(3) months following the close of the calendar month for which
the payments are applicable. With the consent of and upon any
terms and conditions established by the board, payments may be
accepted at an earlier or later date. The board shall maintain
full and complete records of the contributions made on behalf of
each participating member and on request, shall furnish any
participating member a statement of the contribution amounts and
the dates for which contributions were received. If
contributions have varied in amount, the board may make
appropriate adjustments in the benefits awarded. In making any
adjustment, the board shall be guided by actuarial practice to
afford substantial equity to members of the pension account. No
penalty shall be imposed upon any participating member
transferring employment in Wyoming if required payments are made
on a timely basis.
(f) A participating member may withdraw from the pension
account and upon withdrawal shall be paid an amount equal to the
amount contributed into the member's account together with
interest at the rate of three percent (3%) per annum compounded
annually.
(g) If a member with less than five (5) years of active
participation in the pension account fails to provide
contributions to the account as provided in subsection (e) of
this section, the member's account shall be deemed delinquent.
No interest shall accrue on delinquent accounts. A member's
account that remains delinquent for nine (9) months shall be
closed and the associated funds shall revert into the pension
account. A member whose account is closed pursuant to this
subsection who subsequently reenrolls in the pension account
shall be entitled to a refund equal to the amount that was
reverted into the pension account upon the closing of the
member's delinquent account.
(h) The board shall authorize benefit payments from the
account in accordance with qualified domestic relations orders
pursuant to W.S. 9-3-426.
(j) Any participating member with at least five (5) years
of participation in the pension account who retires from active
service as a volunteer firefighter, EMT or search and rescue
person before reaching retirement age and does not withdraw from
the pension account as provided in subsection (f) of this
section shall be entitled to a monthly benefit payment as
provided in subsection (a) of this section upon reaching the
retirement age specified in subsection (d) of this section. A
member with ten (10) or more years of active participation in
the pension account may choose to remove himself from active
service as a volunteer firefighter, EMT or search and rescue
person and continue to contribute to the pension account for an
amount of time not to exceed the total number of years the
member was an active participant in the pension account, as
provided in subsection (e) of this section and rules promulgated
by the board.
(k) The board shall adopt rules to allow service for any
period of time, after commencement of participation under this
article, which a participating member spends in active uniformed
service of the United States as required by the Uniformed
Services Employment and Reemployment Rights Act, 38 U.S.C. 4301
et seq. to count towards a member's years of active
participation.
(m) Upon the death of any participating member, a death
benefit shall be paid from the deceased member's account in the
following manner and amount:
(i) A lump sum payment of five thousand dollars
($5,000.00) or the amount in the deceased member's account,
whichever is greater, to the estate of a deceased member without
a survivor eligible for a benefit under subsection (b) or (c) of
this section;
(ii) If a spouse who is eligible to receive a benefit
under subsection (b) of this section dies, an amount equal to
five thousand dollars ($5,000.00) less the total amount of
benefits received under subsection (b) of this section or the
amount remaining in the deceased member's account, whichever is
greater, shall be paid to the spouse's estate unless the spouse
is survived by a person eligible to receive a benefit under
subsection (c) of this section;
(iii) When the last person under the age of
twenty-one (21) years who is eligible for the benefit provided
by subsection (c) of this section dies or attains the age of
twenty-one (21) years, an amount equal to five thousand dollars
($5,000.00) less the total amount of benefits received under
subsections (b) and (c) of this section or the amount remaining
in the deceased member's account, whichever is greater, shall be
paid in equal shares to each of the children alive on that date;
(iv) For former members of the volunteer firemen's
account created pursuant to W.S. 35-9-602(a) who contributed
five dollars ($5.00) per month before July 1, 1989, the
appropriate benefit shall be determined by substituting two
thousand five hundred dollars ($2,500.00) for five thousand
dollars ($5,000.00) in paragraphs (i) through (iii) of this
subsection.
(n) Cost of living increases may be recommended by the
board for retirees of the pension account pursuant to W.S.
9-3-454(a).
(o) Retired recipients of the account and their survivors
shall receive any benefit increases provided to members of the
account.
35-9-622. Death benefits in addition to other benefits.
Death benefits received under this article shall be in addition
to, and are payable after the application of, worker's
compensation benefits which are payable to volunteer
firefighters, volunteer EMTs or volunteer search and rescue
persons under the Wyoming Worker's Compensation Act.
35-9-623. Board; established; nomination; appointment;
terms and qualification of members; first members.
(a) The volunteer firefighter, EMT and search and rescue
pension board is created. The board shall control the account.
(b) The board shall consist of eight (8) members who shall
be appointed by the governor to staggered terms of three (3)
years. The governor may remove any board member as provided in
W.S. 9-1-202. Of these board members:
(i) Six (6) members shall be volunteer firefighters
who have a minimum of five (5) years service as a volunteer
firefighter in the state. Appointments under this paragraph
shall be made from nominees recommended to the governor by the
Wyoming state firemen's association;
(ii) One (1) member shall be a volunteer EMT who has
a minimum of five (5) years service as a volunteer EMT in the
state. Appointments under this paragraph shall be made by the
governor; and
(iii) One (1) member shall be a volunteer search and
rescue person who has a minimum of five (5) years service as a
volunteer search and rescue person in the state. Appointments
under this paragraph shall be made by the governor.
(c) The members of the initial board shall be comprised of
the volunteer firemen members of the volunteer firemen's pension
board created pursuant to W.S. 35-9-610 serving on June 30, 2015
and one (1) member of the volunteer emergency medical technician
pension board created pursuant to W.S. 35-29-108 serving on June
30, 2015, as selected by the governor. The volunteer
firefighter members and volunteer EMT member of the initial
board shall serve for the same term to which they were appointed
to the volunteer firemen's pension board or volunteer emergency
medical technician pension board, respectively.
35-9-624. Board; chairman; compensation of members; powers
and duties.
(a) Members of the board shall serve without compensation,
but actual and reasonable expenses incurred by members for
attending meetings and representing the board shall be
reimbursed from the account.
(b) The board may:
(i) Adjust claims made by participating members under
this article and may waive or alter specific requirements
relating to benefits under this article, but shall not have
authority to make a general increase in benefits;
(ii) Promulgate rules and regulations governing its
operation;
(iii) Investigate claim applications, conduct
hearings, receive evidence and otherwise act in a quasi-judicial
capacity in accordance with the Wyoming Administrative Procedure
Act;
(iv) Permit the suspension of payments in certain
cases deemed appropriate by the board, with a commensurate
reduction in benefits paid under this article.
35-9-625. Board; hearings; appeals.
(a) The board shall provide an opportunity for hearing to
any person petitioning the board for a hearing with or without
counsel or witnesses. The board shall provide petitioners the
power to subpoena witnesses to testify in their behalf. The
taking of evidence shall be summary, giving a full opportunity
to all parties to develop the facts. The board shall provide a
written transcript of all testimony received at any hearing
conducted by the board to any requesting party.
(b) The decision of the board upon hearing is a final
administrative decision and is subject to judicial review in
accordance with the Wyoming Administrative Procedure Act.
35-9-626. Adjustment of benefits in case of impairment of
funds.
If at any time the net assets of the account become actuarially
impaired, the board may adjust the benefits provided, pro rata,
until the impairment is removed.
35-9-627. Purchase of service credit.
Any member who has been a participating member for at least five
(5) years may elect to make a one (1) time purchase of up to
five (5) years of service credit as authorized and limited by
section 415(c) and 415(n) of the Internal Revenue Code and as
established in rules promulgated by the board. Any member
electing to purchase service credit shall pay into the account a
single lump sum amount equal to the actuarial equivalent of the
benefits to be derived from the service credit computed on the
basis of actuarial assumptions approved by the board, the
individual's attained age and the benefit structure at the time
of purchase. A member may purchase service credit with personal
funds or, subject to rules and regulations established by the
board, through rollover contributions. Unless received by the
pension account in the form of a direct rollover, rollover
contributions shall be paid to the pension account on or before
sixty (60) days after the date the rollover contribution was
received by the member.
35-9-628. Deposit of tax on fire insurance premiums into
account.
(a) As provided in this subsection, the state treasurer
shall deposit into the account up to one hundred percent (100%)
of the gross tax levied upon fire insurance premiums paid to
insurance companies for fire insurance in the state of Wyoming
for the preceding calendar quarter, as computed under W.S. 26-4-
102(b)(ii) and provided by W.S. 26-4-103(k). The sum specified
shall be calculated by the Wyoming retirement system:
(i) Before giving effect to any premium tax credits
which may otherwise be provided by law; and
(ii) To achieve one hundred seven percent (107%)
funding of the account, taking into account the benefits and
employee contribution specified in W.S. 35-9-621 and actuarial
assumptions adopted by the Wyoming retirement board;
(iii) After the account achieves one hundred seven
percent (107%) actuarial funding, the board shall recommend a
funding amount of not less than sixty percent (60%) of the gross
tax levied upon fire insurance premiums. A recommended funding
amount under this section in an amount greater than sixty
percent (60%) which results in an actuarial funding level
greater than one hundred seven percent (107%) requires approval
of the legislature.
ARTICLE 7 - VOLUNTEER FIRE SERVICES IMMUNITY FROM LIABILITY
35-9-701. Repealed By Laws 1997, ch. 155, § 2.
ARTICLE 8 - REDUCED CIGARETTE IGNITION
35-9-801. Short title.
This article shall be known and may be cited as the "Wyoming
Reduced Cigarette Ignition Propensity Act".
35-9-802. Definitions.
(a) For the purposes of this act unless the context
otherwise requires:
(i) "Agent" means any person authorized by the
department of revenue to purchase and affix stamps on packages
of cigarettes;
(ii) "Cigarette" means:
(A) Any roll of tobacco wrapped in paper or in
any substance not containing tobacco. "Cigarette" includes any
roll or tube of tobacco, or product derived from tobacco, that
is produced by a machine on the premises of a retail dealer or a
wholesale dealer; or
(B) Any roll of tobacco wrapped in any substance
containing tobacco which, because of its appearance, the type of
tobacco used in the filler, or its packaging and labeling, is
likely to be offered to or purchased by consumers as a cigarette
as described in subparagraph (A) of this paragraph.
(iii) "Manufacturer" means:
(A) Any entity that manufactures cigarettes or
causes the manufacture of cigarettes that are intended for sale
in this state including cigarettes intended to be sold in the
United States through an importer;
(B) Any successor of any entity described in
subparagraph (A) of this paragraph.
(iv) "Quality control" and "quality assurance
program" means the laboratory procedures implemented to ensure
that operator bias, systematic and nonsystematic methodological
errors and equipment related problems do not affect the results
of testing. A quality control program shall ensure that testing
repeatability remains within the required repeatability values
stated in W.S. 35-9-803(a)(vi) for all test trials used to
certify cigarettes in accordance with this act;
(v) "Repeatability" means the range of values within
which the repeat results of test trials from a single laboratory
must fall ninety-five percent (95%) of the time;
(vi) "Retail dealer" means any person, other than a
manufacturer or wholesale dealer, engaged in selling cigarettes
or tobacco products;
(vii) "Sale" means any transfer of title or
possession, exchange or barter in any manner, by any means, or
by any agreement, including cash and credit sales, giving of
cigarettes as samples, prizes or gifts, and the exchange of
cigarettes for any consideration other than money;
(viii) "Sell" means to sell, or to offer or agree to
do the same;
(ix) "Wholesale dealer" means any person other than a
manufacturer who sells cigarettes or tobacco products to retail
dealers or others for resale and any person who owns, operates
or maintains one (1) or more cigarette or tobacco product
vending machines upon premises owned or occupied by any other
person;
(x) "This act" means W.S. 35-9-801 through 35-9-811.
35-9-803. Requirements for sale; test method; adoption of
other state's testing method, if appropriate; performance
standards; exceptions.
(a) Except as provided in this act, cigarettes may not be
offered for sale or sold to persons located in this state unless
the cigarettes have been tested and have met the required
performance standard specified in this section, the manufacturer
has filed a written certification with the department of revenue
in accordance with W.S. 35-9-804 and the cigarettes have been
marked in accordance with W.S. 35-9-805. The following testing
requirements shall apply:
(i) Cigarette testing shall be conducted in
accordance with the American society of testing and materials
("ASTM") standard E2187-04, "Standard Test Method for Measuring
the Ignition Strength of Cigarettes," in effect on February 1,
2010. The state fire marshal may adopt a subsequent ASTM
standard upon a written finding that the subsequent method does
not result in a change in the percentage of full length burns
exhibited by any tested cigarette when compared to the
percentage of full length burns the same cigarette would exhibit
when tested in accordance with ASTM standard E2187-04 and the
performance standard in this section;
(ii) Testing shall be conducted on ten (10) layers of
filter paper;
(iii) No more than twenty-five percent (25%) of the
cigarettes tested in a test trial in accordance with this
section shall exhibit full length burns. Forty (40) replicate
tests shall comprise a complete test trial for each cigarette
tested;
(iv) The performance standard required by this
section shall be applied only to a complete test trial;
(v) Written certifications shall be based upon
testing conducted by a laboratory that has been accredited
pursuant to standard ISO/IEC 17025 of the International
Organization for Standardization ("ISO"), or other comparable
accreditation standard required by the state fire marshal;
(vi) Laboratories conducting testing in accordance
with this section shall implement a quality control and quality
assurance program that includes a procedure that will determine
the repeatability of the testing results. The repeatability
value shall not be greater than nineteen hundredths (0.19);
(vii) This section does not require additional
testing if cigarettes are tested consistent with this act for
any other purpose;
(viii) Testing performed or sponsored by the state
fire marshal to determine a cigarette's compliance with the
performance standard required by this section shall be conducted
in accordance with this section.
(b) Each cigarette listed in a certification submitted
pursuant to W.S. 35-9-804 that uses lowered permeability bands
in the cigarette paper to achieve compliance with the
performance standard set forth in this section shall have at
least two (2) nominally identical bands on the paper surrounding
the tobacco column. At least one (1) complete band shall be
located at least fifteen (15) millimeters from the lighting end
of the cigarette. Cigarettes on which the bands are positioned
by design shall have at least two (2) bands fully located at
least fifteen (15) millimeters from the lighting end and at
least ten (10) millimeters from the filter end of the tobacco
column. For nonfiltered cigarettes the bands shall be at least
ten (10) millimeters from the labeled end of the tobacco column.
(c) If the state fire marshal determines that a cigarette
cannot be tested in accordance with paragraph (a)(i) of this
section, the manufacturer shall propose a test method and
performance standard. If the state fire marshal approves the
proposed test method and determines that the performance
standard proposed by the manufacturer is equivalent to the
performance standard prescribed in paragraph (a)(iii) of this
section, that test method and performance standard may be used
to certify the cigarette pursuant to W.S. 35-9-804.
(d) The state fire marshal shall authorize a manufacturer
to employ an alternative test method and performance standard to
certify a cigarette for sale in this state if the fire marshal
determines that:
(i) Another state has enacted reduced cigarette
ignition propensity standards that include the proposed
alternative test method and performance standard;
(ii) The other state's testing method and performance
standard are the same as those adopted pursuant to paragraph
(a)(i) of this section;
(iii) The officials responsible for implementing the
other state's requirements have approved the proposed
alternative test method and performance standard for a
particular cigarette as meeting the fire safety standards of
that state's law or regulation under a legal provision
comparable to this section; and
(iv) There is no reasonable basis to reject the
alternative testing method.
(e) Manufacturers shall maintain copies of reports of all
tests conducted on all cigarettes offered for sale for three (3)
years and shall make copies available upon written request by
the department of revenue or attorney general. Any manufacturer
failing to make copies of the requested reports available within
sixty (60) days of receipt of the request shall be subject to a
civil penalty not to exceed ten thousand dollars ($10,000.00)
for each day after the sixtieth day that the manufacturer fails
to make copies available.
(f) Repealed by Laws 2015, ch. 55, § 2.
(g) The requirements of subsection (a) of this section
shall not prohibit:
(i) Wholesale or retail dealers from selling after
the effective date of this act the dealer's inventory of
cigarettes existing on the effective date of this act if the
wholesale or retail dealer can establish that state tax stamps
were affixed to the cigarettes prior to the effective date and
the wholesale or retail dealer can establish that the inventory
was purchased prior to the effective date of this act in a
comparable quantity to the inventory purchase during the same
period of the prior year; or
(ii) The sale of cigarettes solely for the purpose of
consumer testing using only the quantity of cigarettes that is
reasonably necessary for the testing. For purposes of this
paragraph the term "consumer testing" means an assessment of
cigarettes that is conducted by a manufacturer, or under the
control and direction of a manufacturer, for the purpose of
evaluating consumer acceptance of the cigarettes.
35-9-804. Certification and product change.
(a) Each manufacturer shall certify in writing to the
department of revenue:
(i) Each cigarette listed in the certification has
been tested pursuant to W.S. 35-9-803; and
(ii) Each cigarette listed in the certification meets
the performance standard set forth in W.S. 35-9-803.
(b) For each cigarette listed in the certification the
following information shall be included:
(i) Brand or trade name on the packaging;
(ii) Style;
(iii) Length in millimeters;
(iv) Circumference in millimeters;
(v) Flavor such as menthol if applicable;
(vi) Filter or nonfilter;
(vii) Package description such as soft pack or box;
(viii) Marking pursuant to W.S. 35-9-805;
(ix) Contact information for the laboratory that
conducted the testing, including name, address and telephone
number; and
(x) The date of testing.
(c) The department of revenue shall make the
certifications available to the attorney general and the state
fire marshal for purposes consistent with this act.
(d) Cigarettes certified pursuant to this section shall be
recertified every three (3) years.
(e) For each cigarette listed in a certification, a
manufacturer shall pay a fee of two hundred fifty dollars
($250.00) payable to the department of revenue to be deposited
into the general fund.
(f) If a cigarette is certified and is subsequently
changed in a manner that is likely to alter its compliance with
the reduced cigarette ignition propensity standards required by
this act, the cigarette shall not be sold or offered for sale in
this state until the manufacturer retests the cigarette in
accordance with the testing standards consistent with the
provisions of this act and maintains the records of that
retesting as required by this act. Any altered cigarette which
does not meet the performance standard set forth in this act
shall not be sold in this state.
35-9-805. Cigarette packaging.
(a) Cigarettes certified by a manufacturer in accordance
with W.S. 35-9-804 shall be marked to indicate compliance with
the requirements of W.S. 35-9-803. The marking shall include the
letters "FSC" (Fire Standard Compliant), shall not be less than
eight (8) point type and shall be permanently printed, stamped,
engraved or embossed on the package at or near the UPC Code.
(b) A manufacturer shall use only one (1) marking applied
uniformly for all packages including packs, cartons, cases and
brands marketed by the manufacturer.
(c) Manufacturers certifying cigarettes in accordance with
W.S. 35-9-804 shall submit copies of the certification to all
wholesale dealers and agents selling their cigarettes.
35-9-806. Penalties.
(a) A manufacturer, wholesale dealer, agent or any other
person or entity who knowingly sells or offers for sale
cigarettes, other than through retail sale, in violation of W.S.
35-9-803 shall be subject to a civil penalty not to exceed one
hundred dollars ($100.00) for each pack of such cigarettes sold
or offered for sale. In no case shall the penalty against any
such person or entity exceed one hundred thousand dollars
($100,000.00) during any thirty (30) day period.
(b) A retail dealer who knowingly sells or offers for sale
cigarettes in violation of any provision of this act shall be
subject to a civil penalty not to exceed one hundred dollars
($100.00) for each pack of such cigarettes sold or offered for
sale. In no case shall the penalty against any retail dealer
exceed ten thousand dollars ($10,000.00) during any thirty (30)
day period.
(c) In addition to any penalty prescribed by law any
corporation, partnership, sole proprietor, limited partnership
or association engaged in the manufacture of cigarettes that
knowingly makes a false certification pursuant to W.S. 35-9-804
shall be subject to a civil penalty of not less than seventy-
five thousand dollars ($75,000.00) nor more than two hundred
fifty thousand dollars ($250,000.00) for each false
certification.
(d) Any person violating any other provision of this act
shall be subject to a civil penalty for a first offense not to
exceed one thousand dollars ($l,000.00) and for each subsequent
offense a penalty not to exceed five thousand dollars
($5,000.00) for each violation.
(e) Law enforcement personnel or authorized employees of
the department of revenue may seize cigarettes for which no
certification has been filed or that have not been marked in the
manner required by this act. Cigarettes seized pursuant to this
section shall be destroyed not less than thirty (30) days after
the trademark holder in the cigarette brand has been given an
opportunity to inspect the cigarettes.
(f) In addition to any other remedy provided by law, the
attorney general may file an action in district court for a
violation of this act, including petitioning for any one (1) or
more of the following remedies:
(i) For preliminary or permanent injunctive relief
against any manufacturer, importer, wholesale dealer, retail
dealer, agent or any other individual or entity to enjoin such
individual or entity from selling, offering to sell or affixing
tax stamps to any cigarette that does not comply with the
requirements of this act;
(ii) To recover any costs or damages suffered by the
state because of a violation of this act, including enforcement
costs relating to the specific violation and attorney's fees.
(g) Each violation of this act or of rules and regulations
adopted under this act constitutes a separate civil violation
for which the department of revenue or attorney general may
obtain relief. Upon obtaining judgment for injunctive relief
under this section, the department of revenue or attorney
general shall provide a copy of the judgment to all wholesale
dealers and agents to which the subject cigarette has been sold.
35-9-807. Inspection and enforcement.
(a) The department of revenue may inspect cigarettes to
determine if the cigarettes are marked as required by W.S.
35-9-805. If the cigarettes are not marked as required, the
department of revenue shall seize the cigarettes as provided in
W.S. 35-9-806(e) and notify the attorney general.
(b) To enforce the provisions of this act, the attorney
general, the department of revenue and other law enforcement
personnel are authorized to examine books, papers, invoices and
other records of any person or entity possessing, controlling or
occupying any premises where cigarettes are placed, held,
stored, sold or offered for sale.
35-9-808. Fee and penalties.
All certification fees paid under W.S. 35-9-804 shall be
deposited in the general fund. All monies recovered as
penalties under W.S. 35-9-806 shall be paid over to the state
treasurer pursuant to W.S. 8-1-109.
35-9-809. Sale in other states.
Nothing in this act shall be construed to prohibit any person or
entity from manufacturing or selling cigarettes that do not meet
the requirements of W.S. 35-9-803 if the cigarettes are or will
be stamped for sale in another state or are packaged for sale
outside the United States and that person or entity has taken
reasonable steps to ensure that such cigarettes will not be sold
or offered for sale to persons located in this state.
35-9-810. Preemption of local law.
This act shall preempt any local law, ordinance or regulation
conflicting with any provision of this act.
35-9-811. Construction of act.
This act shall be interpreted and construed as provided in W.S.
8-1-103(a)(vii).
CHAPTER 10 - CRIMES AND OFFENSES
ARTICLE 1 - DISPOSAL OF GARBAGE, REFUSE AND DEAD ANIMALS
35-10-101. Depositing or placing refuse matter, dead
animals and garbage into rivers, ditches, railroad
rights-of-way, highways or public grounds prohibited; exception.
The depositing, placing, or causing to be placed or put, the
carcass of any dead animal or the offal or refuse matter from
any slaughterhouse, butcher shop, meat market, packing house,
fish house, hog pen, stable, or any spoiled meats, spoiled fish,
or any animal or vegetable matter in a putrid or decayed
condition or which is liable to become putrid, decayed or
offensive, or the contents of a privy vault, or any refuse or
garbage, or any offensive matter or substance whatever upon or
into any river, creek, bay, pond, canal, ditch, lake, stream,
railroad right-of-way, public or private roadway, highway,
street, alley lot, field, meadow, public place or public ground,
or in any other and different locality, building, or
establishment in this state so located that the said substance
shall directly or indirectly cause or threaten to cause the
pollution or impairment of the purity and usefulness of the
waters of any spring, reservoir, stream, irrigation ditch, lake
or water supply whether surface or subterranean, which are used
wholly or partly as a source of public or domestic water supply,
or where the same may become a source of annoyance to any
person, or within one-half mile of any inhabited dwelling, or
within one-half mile of any public roadway, by any person or
persons, association of persons, company or corporation,
incorporated city, incorporated or unincorporated town in the
state of Wyoming, or the knowingly permitting of such acts by
the owner, tenant, or occupant of said places, upon, into, or on
said places, or the permitting of said offensive substances or
other offensive substances to remain thereon or therein, shall
be unlawful and is hereby declared to constitute a nuisance
detrimental to the public health and general welfare of the
citizens of Wyoming, provided that no present or future
operation of any existing municipal garbage disposal system or
any extension of or changes therein, which involves
substantially daily burning, and no present or future operation
of any now existing municipal sewage disposal system or
facilities or any extension of or changes therein, shall be
considered as within the scope of the foregoing provisions of
this act or as a violation thereof but further provided that the
foregoing exception concerning any existing municipal garbage
disposal system, whether or not such involves substantially
daily burning, shall not be applicable to or except from the
scope of this act, any such system which has been commenced
since prior construction in the close vicinity thereof, of
occupied residential buildings or occupied business properties,
ten [(10)] or more in number.
35-10-102. Penalty for violation of W.S. 35-10-101.
Any person violating the provisions of this act shall be guilty
of a misdemeanor and upon conviction thereof shall be punished
by a fine of not less than fifty dollars ($50.00) nor more than
two hundred dollars ($200.00) or shall be imprisoned in the
county jail not to exceed six (6) months, or shall be punishable
by both such fine and imprisonment.
35-10-103. Repealed by Laws 1982, ch. 75, § 5; 1983, ch.
171, § 3.
35-10-104. Failure of owner to remove or bury dead animal.
It shall be the duty of the owner, or person having charge of an
animal which may die in this state, to remove the carcass to a
distance of not less than half a mile from the nearest human
habitation, or to bury it with not less than two (2) feet of
soil over it; and every person failing to so remove or bury such
carcass, for more than forty-eight (48) hours, shall upon
conviction, be fined in a sum not exceeding one hundred dollars
($100.00). And should such animal be the property or in charge
of some person passing through this state, then any peace
officer may (without warrant) detain the owner or person in
charge of such animal, or of the flock or herd from which it
died, as soon as such owner or person shall have shown an
intention not to so bury or remove said carcass, by removing
from it, or removing such flock or herd from it a distance of
half a mile or more, a reasonable time, not to exceed two (2)
days, until a warrant can issue upon an information duly sworn
to. And the brand upon such animal may be given in proof of the
ownership of the same.
35-10-105. Repealed by Laws 1982, ch. 75, § 5; 1983, ch.
171, § 3.
35-10-106. Repealed by Laws 1982, ch. 75, § 5; 1983, ch.
171, § 3.
35-10-107. Repealed by Laws 1982, ch. 75, § 5; 1983, ch.
171, § 3.
ARTICLE 2 - FIREWORKS
35-10-201. Definitions.
(a) "Fireworks" means any article, device or substance
prepared for the primary purpose of producing a visual or
auditory sensation by combustion, explosion, deflagration or
detonation, including any item which may be sold or offered for
sale under 15 U.S.C. § 1261, 21 U.S.C. § 371 and 16 C.F.R.,
Commercial Practices, part 1507.
(b) "Governing body" means the board of county
commissioners as to the area within a county but outside the
corporate limits of any city or town; or means the city council
or other governing body of a city or town as to the area within
the corporate limits of such city or town.
(c) "Person" shall include an individual, partnership,
co-partnership, firm, company, association or corporation.
(d) "Commercial motor vehicle" means any self-propelled or
towed vehicle used on public highways in interstate commerce to
transport passengers or property and the vehicle meets one (1)
of the following:
(i) The vehicle has a gross vehicle weight rating or
gross combination weight rating of ten thousand one (10,001)
pounds;
(ii) The vehicle is designed to transport more than
fifteen (15) passengers including the driver; or
(iii) The vehicle is used in the transportation of
hazardous materials in a quantity requiring placarding under
regulations issued by the secretary of transportation under the
federal Hazardous Materials Transportation Act, 49 U.S.C. § 5101
et seq.
35-10-202. Sale and use prohibited; exception.
Except as hereinafter provided, it is unlawful for any person to
offer or expose for sale, sell, at either wholesale or retail,
give away, use, discharge or detonate any fireworks in the state
of Wyoming.
35-10-203. Permits for public displays required.
(a) Any governing body shall have the power to grant
permits, within the area under its jurisdiction, for supervised
public displays of fireworks by individuals, municipalities,
amusement parks and other organizations and groups, and to adopt
reasonable rules and regulations for the granting of such
permits. Every such display shall be handled by a competent
operator and shall be of such character and so located,
discharged and fired as not to be hazardous to property or
endanger any person.
(b) No permit shall be transferable or assignable.
(c) Repealed By Laws 2001, Ch. 97, § 2.
35-10-204. Construction; exceptions.
(a) This act shall not be construed to prohibit:
(i) Any person from offering for sale, exposing for
sale, selling, or delivering fireworks to any municipality,
association, amusement park, or other organization or group
holding a permit issued as herein provided, or to the directors
of the Wyoming state fair or of any county fair organized under
the laws of this state;
(ii) Any person from using or exploding fireworks in
accordance with the provisions of any permit issued as herein
provided or as part of a supervised public display at the
Wyoming state fair or of any county fair organized under the
laws of this state;
(iii) Any person from offering for sale, exposing for
sale, or selling, any fireworks which are to be and are shipped
by commercial motor vehicle directly out of the state;
(iv) Any person from offering for sale, exposing for
sale, selling, using, or exploding any article, device or
substance for a purpose other than display, exhibition,
amusement or entertainment; or when used for mining purposes,
danger signals, or other necessary uses; or
(v) Any person from offering for sale, exposing for
sale, selling, using, or exploding blank cartridges for
theatrical or ceremonial purposes or in organized athletic or
sporting events.
35-10-205. Further regulations by municipalities.
This act shall not be construed to prohibit the imposition by
municipal ordinance of further regulations or prohibitions upon
the sale, use and possession of fireworks within the corporate
limits of any city or town, including those items defined under
15 U.S.C. § 1261, but no such city or town shall permit or
authorize the sale, use or possession of any fireworks in
violation of this act.
35-10-206. Enforcement; disposal of seized fireworks.
Wyoming peace officers shall seize all stocks of fireworks held
in violation of W.S. 35-10-201 through 35-10-208 and shall apply
to the appropriate court for the disposition of the fireworks.
Following a hearing determining the fireworks were held in
violation of W.S. 35-10-201 through 35-10-208, the fireworks
shall be destroyed or otherwise disposed of upon order of any
circuit court or district court.
35-10-207. Penalties.
Any person violating any provision of W.S. 35-10-201 through
35-10-208 is guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine of not more than seven hundred fifty
dollars ($750.00), or by imprisonment not exceeding sixty (60)
days, or by both such fine and imprisonment.
35-10-208. County regulation of fireworks.
(a) For the purpose of this section "fireworks" means only
those items which may be sold or offered for sale under 15
U.S.C. § 1261, 21 U.S.C. § 371 and 16 C.F.R., Commercial
Practices, part 1507. A board of county commissioners may,
subject to subsection (b) of this section:
(i) Prohibit the sale to Wyoming residents or use of
fireworks by adopting a resolution under W.S. 35-9-301;
(ii) Promulgate reasonable rules and regulations for
authorizing the sale of fireworks.
(b) Notwithstanding subsection (a) of this section, the
proposition to prohibit, or authorize in counties that currently
prohibit, the sale or use of fireworks in a county shall be
submitted to the electors of the county upon receipt by the
board of county commissioners of a petition requesting the
election signed by a number of the electors of the county equal
to fifteen percent (15%) of the total number of votes cast at
the general election immediately preceding the date on which the
petition is submitted, or by resolution of the board of county
commissioners. The proposition shall be submitted at a primary
or general election, if the petition or resolution is certified
sixty (60) days prior to the primary or general election. If the
proposition fails, no such petition shall be submitted for four
(4) years following the election.
(c) Any resolution adopted by a county prohibiting the
sale or use of fireworks which was in effect on February 1,
1990, is deemed to be valid unless amended or repealed by the
board of county commissioners pursuant to subsection (b) of this
section.
ARTICLE 3 - STORAGE OF EXPLOSIVES
35-10-301. General regulations.
It shall be unlawful for any person or company to store any
gunpowder or any other explosive material at a less distance
than one thousand (1,000) feet from any house or habitation,
when more than fifty (50) pounds are stored at the same place;
but it shall be unlawful to place or to keep any powder or other
explosive material, in any house or building occupied as a
residence, or any outbuilding pertaining thereto.
35-10-302. Construction of powder magazine.
Hereafter, any powder magazine that may be built, shall be so
constructed as to provide and maintain the storage room thereof,
entirely below the natural surface of the ground adjacent; and
it shall be unlawful to store such powder or explosives in any
other than such storage rooms.
35-10-303. Penalty for violation of W.S. 35-10-301;
violation of W.S. 35-10-302 declared nuisance.
Anyone violating the provisions of W.S. 35-10-301 shall be on
conviction, fined in any sum not exceeding one hundred dollars
($100.00) for each and every offense, and may be imprisoned not
exceeding thirty (30) days, or both fined and imprisoned, in the
discretion of the court having jurisdiction. Any violation of
the provisions of W.S. 35-10-302 shall be a public nuisance, and
shall be abated at the suit of any person, in any court of
competent jurisdiction.
ARTICLE 4 - MISCELLANEOUS OFFENSES
35-10-401. Obstructing or injuring highways, streets,
bridges or navigable streams generally; offensive manufactures
or businesses; pollution of waters.
(a) If any person, company or corporation shall obstruct
or injure or cause or procure to be obstructed or injured, any
public road or highway, or common street or alley of any town or
village, or any public bridge or causeway, or public river or
stream, declared navigable by law, or shall continue such
obstruction, so as to render the same inconvenient or dangerous
to pass, or shall erect or establish any offensive trade, or
manufacture or business, or continue the same after it has been
erected or established, or shall in anywise pollute or obstruct
any watercourse, lake, pond, marsh or common sewer, or continue
such obstruction or pollution, so as to render the same
unwholesome or offensive to the county, city, town or
neighborhood thereabouts; every person, company or corporation
so offending, shall upon conviction thereof, be fined not
exceeding one hundred dollars ($100.00); and every such nuisance
may, by order of the district court before whom the conviction
may take place, be removed and abated by the sheriff of the
proper county.
(b) Whoever, in any manner, wrongfully obstructs any
public highway, or injures any bridge, culvert, or embankment,
or injures any material used in the construction of any such
road, shall be fined in any sum not more than one hundred
dollars ($100.00), to which may be added imprisonment in the
county jail not more than three (3) months.
35-10-402. Entering mines, metallurgical works or sawmills
while intoxicated; taking intoxicants into related structures.
Whoever shall, while under the influence of intoxicating liquor,
enter any mine, smelter, metallurgical works, machine shops or
sawmills, or any of the buildings connected with the operation
of the same in Wyoming where miners or workmen are employed or
whoever shall carry or haul any intoxicating liquor into the
same or any logging or grading camp shall be deemed guilty of a
misdemeanor and upon conviction shall be fined in any sum not
exceeding five hundred dollars ($500.00) to which may be added
imprisonment in the county jail for a term not exceeding one (1)
year.
35-10-403. Boats for hire required to have life
preservers.
Any person who shall keep for hire boats, not equipped with life
preservers for the protection of every occupant, shall be guilty
of a misdemeanor and upon conviction thereof shall be fined not
more than one hundred dollars ($100.00).
35-10-404. Life jackets for occupants of boats and rafts
required.
Each and every person who shall operate a boat, raft or other
navigable vessel shall have available for each occupant on said
boat a life jacket of the coast guard approved type during the
time the boat, raft or vessel is afloat upon any of the waters
of the state of Wyoming.
35-10-405. Life jackets for occupants of boats and rafts;
penalty.
Any person violating the provisions of the act shall be guilty
of a misdemeanor and upon conviction thereof shall be fined not
more than one hundred dollars ($100.00).
35-10-406. Life jackets for occupants of boats and rafts;
enforcement.
Each and every city, town, county and state law enforcement
officer and the game wardens of the Wyoming game and fish
commission shall enforce the provisions of this act.
35-10-407. Abandoned iceboxes or refrigerators.
Whoever abandons or stores any refrigeration unit or icebox in
such a place as to be easily accessible to children without
first having made adequate provision to prevent entry into such
refrigeration unit or icebox or without having removed all
latches, catches, locking devices or the door thereof, so that
escape from the interior may be had, shall be deemed guilty of a
misdemeanor; and upon conviction thereof shall be fined in a sum
of not less than fifteen dollars ($15.00) nor more than one
hundred dollars ($100.00), or be imprisoned for not more than
ninety (90) days or both.
35-10-408. Additional authority of counties, cities and
towns to regulate nuisances.
(a) Nothing in this act shall be construed as to prevent
any city, town or village, incorporated under the laws of this
state, or the proper corporate authority thereof, from passing
or enforcing any ordinance, bylaw, regulation or rule,
regulating, restraining, or prohibiting nuisances of any kind or
character, or from enforcing any ordinance, bylaw, rule or
regulation thereupon, already passed and in force.
(b) Nothing in this act shall be construed as to prevent
any county from passing or enforcing any resolution regulating,
restraining, or prohibiting nuisances which the commission
determines to be a threat to health or safety pursuant to W.S.
18-2-101(a)(viii), or from enforcing any resolution already
passed and in force.
35-10-409. Sale of metal beverage containers which are
severable upon opening prohibited; penalty; definitions.
(a) No person shall sell or offer for sale in this state
any metal beverage container so designed and constructed that a
nonbiodegradable part of the container is severed when the
container is opened, with the following exceptions:
(i) Metal beverage containers designed and
constructed with biodegradable severed parts;
(ii) Metal beverage containers sealed by pressure
sensitive adhesive strips; and
(iii) The manufacture of metal beverage containers
with or without severable parts in this state for sale outside
of Wyoming.
(b) Any person violating this section is guilty of a
misdemeanor punishable by a fine of not more than one hundred
dollars ($100.00).
(c) As used in this section, "beverage" means mineral
waters, soda water, carbonated or noncarbonated soft drinks or
alcoholic or malt beverages as defined in W.S. 12-1-101(a)(vii)
and (x).
CHAPTER 11 - ENVIRONMENTAL QUALITY
ARTICLE 1 - GENERAL PROVISIONS
35-11-101. Short title.
This act shall be known and may be cited as the "Wyoming
Environmental Quality Act".
35-11-102. Policy and purpose.
Whereas pollution of the air, water and land of this state will
imperil public health and welfare, create public or private
nuisances, be harmful to wildlife, fish and aquatic life, and
impair domestic, agricultural, industrial, recreational and
other beneficial uses; it is hereby declared to be the policy
and purpose of this act to enable the state to prevent, reduce
and eliminate pollution; to preserve, and enhance the air, water
and reclaim the land of Wyoming; to plan the development, use,
reclamation, preservation and enhancement of the air, land and
water resources of the state; to preserve and exercise the
primary responsibilities and rights of the state of Wyoming; to
retain for the state the control over its air, land and water
and to secure cooperation between agencies of the state,
agencies of other states, interstate agencies, and the federal
government in carrying out these objectives.
35-11-103. Definitions.
(a) For the purpose of this act, unless the context
otherwise requires:
(i) "Department" means the department of
environmental quality established by this act;
(ii) "Council" means the environmental quality
council established by this act;
(iii) "Director" means the director of the department
of environmental quality;
(iv) "Board" means one (1) or more of the advisory
boards in each division of air, land, or water quality;
(v) "Administrator" means the administrator of each
division of the department;
(vi) "Person" means an individual, partnership, firm,
association, joint venture, public or private corporation,
trust, estate, commission, board, public or private institution,
utility, cooperative, municipality or any other political
subdivision of the state, or any interstate body or any other
legal entity;
(vii) "Aggrieved party" means any person named or
admitted as a party or properly seeking or entitled as of right
to be admitted as a party to any proceeding under this act
because of damages that person may sustain or be claiming
because of his unique position in any proceeding held under this
act;
(viii) "Interstate agency" means an agency of two (2)
or more states established by or pursuant to an agreement or
compact approved by the United States Congress or any other
agency of two (2) or more states, having substantial powers or
duties pertaining to the control of air, land or water
pollution;
(ix) "Municipality" means a city, town, county,
district, association or other public body;
(x) "Nonpoint source" means any source of pollution
other than a point source. For purposes of W.S. 16-1-201
through 16-1-207 only, nonpoint source includes leaking
underground storage tanks as defined by W.S. 35-11-1415(a)(ix)
and aboveground storage tanks as defined by W.S.
35-11-1415(a)(xi);
(xi) "Point source" means any discernible, confined
and discrete conveyance, including but not limited to any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation
or vessel or other floating craft, from which pollutants are or
may be discharged;
(xii) The singular includes the plural, the plural
the singular, and the masculine and feminine or neuter, when
consistent with the intent of this act and necessary to effect
its purpose;
(xiii) "This act" means W.S. 35-11-101 through 35-11-
403, 35-11-405, 35-11-406, 35-11-408 through 35-11-1106, 35-11-
1414 through 35-11-1432, 35-11-1601 through 35-11-1613, 35-11-
1701, 35-11-1801 through 35-11-1803, 35-11-2001 through 35-11-
2004 and 35-11-2101.
(b) Specific definitions applying to air quality:
(i) "Air contaminant" means odorous material, dust,
fumes, mist, smoke, other particulate matter, vapor, gas or any
combination of the foregoing, but shall not include steam or
water vapor;
(ii) "Air pollution" means the presence in the
outdoor atmosphere of one (1) or more air contaminants in such
quantities and duration which may be injurious to human health
or welfare, animal or plant life, or property, or unreasonably
interferes with the enjoyment of life or property;
(iii) "Clean Air Act" means the federal Clean Air Act
of 1977, as amended by P.L. 101-549;
(iv) "Emission" means a release into the outdoor
atmosphere of air contaminants;
(v) "Operating permit program" means the permitting
program authorized by W.S. 35-11-203 through 35-11-212
implementing a state plan pursuant to the 1990 amendments to the
Clean Air Act;
(vi) "Stationary source" means any building,
structure, facility or installation which emits or may emit any
air contaminant.
(c) Specific definitions applying to water quality:
(i) "Pollution" means contamination or other
alteration of the physical, chemical or biological properties of
any waters of the state, including change in temperature, taste,
color, turbidity or odor of the waters or any discharge of any
acid or toxic material, chemical or chemical compound, whether
it be liquid, gaseous, solid, radioactive or other substance,
including wastes, into any waters of the state which creates a
nuisance or renders any waters harmful, detrimental or injurious
to public health, safety or welfare, to domestic, commercial,
industrial, agricultural, recreational or other legitimate
beneficial uses, or to livestock, wildlife or aquatic life, or
which degrades the water for its intended use, or adversely
affects the environment. This term does not mean water, gas or
other material which is injected into a well to facilitate
production of oil, or gas or water, derived in association with
oil or gas production and disposed of in a well, if the well
used either to facilitate production or for disposal purposes is
approved by authority of the state, and if the state determines
that such injection or disposal well will not result in the
degradation of ground or surface or water resources;
(ii) "Wastes" means sewage, industrial waste and all
other liquid, gaseous, solid, radioactive, or other substances
which may pollute any waters of the state;
(iii) "Sewerage system" means pipelines, conduits,
storm sewers, pumping stations, force mains, and all other
constructions, devices, appurtenances and facilities used for
collecting or conducting wastes to an ultimate point for
treatment or disposal;
(iv) "Treatment works" means any plant or other works
used for the purpose of treating, stabilizing or holding wastes;
(v) "Disposal system" means a system for disposing of
wastes, either by surface or underground methods, including
sewerage systems, treatment works, disposal wells, and
absorption fields;
(vi) "Waters of the state" means all surface and
groundwater, including waters associated with wetlands, within
Wyoming;
(vii) "Discharge" means any addition of any pollution
or wastes to any waters of the state;
(viii) "Public water supply" means a system for the
provision to the public of water for human consumption through
pipes or constructed conveyances, if such system has at least
fifteen (15) service connections or regularly serves at least
twenty-five (25) individuals. Public water supply shall
include:
(A) Any collection, treatment, storage and
distribution facility under control of the operator of the
facility and used primarily in connection with the system; and
(B) Any collection or pretreatment storage
facilities not under the control of the operator which are used
primarily in connection with the system.
(ix) "Small wastewater system" means any sewerage
system, disposal system or treatment works having simple
hydrologic and engineering needs which is intended for wastes
originating from a single residential unit serving no more than
four (4) families or which distributes two thousand (2,000)
gallons or less of domestic sewage per day;
(x) "Wetlands" means those areas in Wyoming having
all three (3) essential characteristics:
(A) Hydrophytic vegetation;
(B) Hydric soils; and
(C) Wetland hydrology.
(xi) "Compensatory mitigation" means replacement,
substitution or enhancement of ecological functions and wetland
values to offset anticipated losses of those values caused by
filling, draining or otherwise damaging a wetland;
(xii) "Ecological function" means the ability of an
area to support vegetation and fish and wildlife populations,
recharge aquifers, stabilize base flows, attenuate flooding,
trap sediment and remove or transform nutrients and other
pollutants;
(xiii) "Mitigation" means all actions to avoid,
minimize, restore and compensate for ecological functions or
wetland values lost;
(xiv) "Natural wetlands" means those wetlands that
occur independently of human manipulation of the landscape;
(xv) "Man-made wetlands" means those wetlands that
are created intentionally or occur incidental to human
activities, and includes any enhancement made to an existing
wetland which increases its function or value;
(xvi) "Wetland value" means those socially
significant attributes of wetlands such as uniqueness, heritage,
recreation, aesthetics and a variety of economic values;
(xvii) "Community water system" means a public water
supply that has at least fifteen (15) service connections used
year-round by residents or that regularly provides water to at
least twenty-five (25) residents year-round, including, but not
limited to, municipalities and water districts;
(xviii) "Nontransient noncommunity water system"
means a public water supply which is not a community water
system and which regularly provides service to at least twenty-
five (25) of the same persons for more than six (6) months of
the year where those persons are not full-time residents,
including, but not limited to, schools, factories and office
buildings;
(xix) "Credible data" means scientifically valid
chemical, physical and biological monitoring data collected
under an accepted sampling and analysis plan, including quality
control, quality assurance procedures and available historical
data;
(xx) "Geologic sequestration" means the injection of
carbon dioxide and associated constituents into subsurface
geologic formations intended to prevent its release into the
atmosphere;
(xxi) "Geologic sequestration site" means the
underground geologic formations where the carbon dioxide is
intended to be stored;
(xxii) "Geologic sequestration facilities" means the
surface equipment used for transport, storage and injection of
carbon dioxide.
(d) Specific definitions applying to solid waste
management:
(i) "Solid waste" means garbage, and other discarded
solid materials, materials, including solid waste materials
resulting from industrial, commercial, and agricultural
operations, and from community activities, but, unless disposed
of at a solid waste management facility, does not include any of
the following:
(A) Solids or dissolved material in domestic
sewerage or other significant pollutants in water resources,
such as silt, dissolved or suspended solids in industrial waste
water effluents, dissolved materials in irrigation return flows
or other common water pollutants;
(B) Liquids, solids, sludges or dissolved
constituents which are collected or separated in process units
for recycling, recovery or reuse including the recovery of
energy, within a continuous or batch manufacturing or refining
process;
(C) Agricultural materials which are recycled in
the production of agricultural commodities;
(D) Post-use polymers and recovered feedstocks
converted at an advanced recycling facility or held at an
advanced recycling facility before conversion through an
advanced recycling process.
(ii) "Solid waste management facility" means any
facility for the transfer, treatment, processing, storage or
disposal of solid waste, but does not include any of the
following:
(A) Lands or facilities subject to the
permitting requirements of article 3 of this act;
(B) Facilities which would have been subject to
the permitting requirements of article 3 of this act if
constructed after July 1, 1973;
(C) Any facility described under W.S.
30-5-104(d)(vi)(A) or (B);
(D) Lands and facilities subject to the
permitting requirements of article 2, 3 or 4 of this act used
solely for the management of wastes generated within the
boundary of the permitted facility or mine operation by the
facility or mine owner or operator or from a mine mouth electric
power plant or coal drier;
(E) Lands and facilities owned by a person
engaged in farming or ranching and used to dispose of solid
waste generated incidental to his farming and ranching
operations;
(F) Transport vehicles, storage containers and
treatment of the waste in containers;
(G) Lands and facilities subject to W.S. 35-11-
402(a)(xiii) or (xv);
(H) Advanced recycling facilities.
(iii) "Cost effective" means the selection of
alternative responses taking into account total short-term and
long-term costs of those responses including the costs of
operation and maintenance for the entire activity, the presence
of naturally occurring hazardous or toxic substances, current or
potential uses of the natural resources impacted;
(iv) "Commercial solid waste management facility"
means any facility receiving a monthly average greater than five
hundred (500) short tons per day of unprocessed household refuse
or mixed household and industrial refuse for management or
disposal, excluding lands and facilities subject to W.S. 35-11-
402(a)(xiii);
(v) "Commercial radioactive waste management
facility" means any facility used or intended to be used to
receive for disposal, storage, reprocessing or treatment, any
amount of radioactive wastes which are generated by any person
other than the facility owner or operator, or which are
generated at a location other than the location of the facility,
but does not include:
(A) Uranium mill tailings facilities licensed by
the United States Nuclear Regulatory Commission which receive in
situ leaching uranium mining byproduct materials or are
specifically authorized by the department on a limited basis to
receive small quantities of wastes defined in section 11e.(2) of
the Atomic Energy Act of 1954, 42 U.S.C. § 2014(e)(2), as
amended, which were generated by persons other than the facility
owner or operator or which were generated at a location other
than the location of the facility, or both; and
(B) Facilities used for the temporary storage of
radioactive wastes generated by the facility owner or operator,
including facilities for the temporary storage of naturally
occurring radioactive materials generated during the course of
oil or natural gas exploration or production, provided the
storage of radioactive wastes is in compliance with applicable
state and federal law; and
(C) Permitted solid waste disposal facilities
which are authorized by the director to receive small quantities
of radioactive wastes containing only naturally occurring
radioactive materials, or which receive radioactive materials
that have been exempted from regulation under section 10 of the
Low-Level Radioactive Waste Policy Amendments Act of 1985, 42
U.S.C. § 2021j, or both if found by the department not to
threaten human health and the environment; and
(D) Federally owned facilities used exclusively
for the storage, reprocessing or treatment of spent reactor
fuel;
(E) Facilities licensed by the United States
nuclear regulatory commission whose sole purpose is to receive
in situ leaching uranium mining byproduct materials as defined
in section 11e.(2) of the Atomic Energy Act of 1954, 42 U.S.C. §
2014(e)(2), as amended.
(vi) "Long term remediation and monitoring trust"
means a trust account established to provide funding for
perpetual monitoring, maintenance and remediation of any
commercial radioactive waste management facility. The adequacy
of the initial and subsequent funding, including the quality of
any bond or letter of credit, shall be determined jointly by the
director, the insurance commissioner and the attorney general.
Expenditures from the trust shall be only for commercial
radioactive waste regulation, monitoring and remediation;
(vii) "Hazardous waste" means any liquid, solid,
semisolid or contained gaseous waste or combination of those
wastes which because of quantity, concentration or physical,
chemical or infectious characteristics may cause or
significantly contribute to detrimental human health effects, or
pose a substantial present or potential hazard to human health
or the environment. Only those materials listed as hazardous
wastes by the United States environmental protection agency's
hazardous waste management regulations or which exhibit a
hazardous waste characteristic specified by the environmental
protection agency shall be considered hazardous wastes.
Hazardous waste does not include those hazardous wastes exempted
under the Resource Conservation and Recovery Act, P.L. 94-580,
or under the United States environmental protection agency's
hazardous waste management regulations for the period that they
remain exempted by congressional or administrative action;
(viii) "Composite liner" means a system consisting of
two (2) components; the upper component must consist of a
minimum thirty (30) mil flexible membrane liner (FML) and the
lower component shall consist of at least a two (2) foot layer
of compacted soil with a hydraulic conductivity of no more than
1 x 10-7 centimeters per second. A flexible membrane liner
components consisting of high density polyethylene (HDPE) shall
be at least sixty (60) mil thick. The flexible membrane liner
component shall be installed in direct and uniform contact with
the compacted soil component;
(ix) "Leachate" means liquid that has passed through
or emerged from solid waste and contains soluble, suspended or
miscible materials removed from such wastes;
(x) "Statistical power" means the probability of
detecting change given that a change has truly occurred;
(xi) "Eligible leaking municipal solid waste
landfill" means the landfills identified by the department under
the priority list for municipal solid waste landfills that need
remediation created pursuant to W.S. 35-11-524(b).
(xii) "Advanced recycling" means a manufacturing
process for the conversion of post-use polymers and recovered
feedstocks into basic hydrocarbon raw materials, feedstocks,
chemical and other products like waxes and lubricants through
processes that include but are not limited to pyrolysis,
gasification, depolymerization, catalytic cracking,
hydrogenation, solvolysis and other similar technologies;
(xiii) "Advanced recycling facility" means a
manufacturing facility that receives, stores and converts post-
use polymers and recovered feedstocks using advanced recycling.
(e) Specific definitions for land quality:
(i) "Reclamation" means the process of reclaiming an
area of land affected by mining to use for grazing,
agricultural, recreational, wildlife purposes, or any other
purpose of equal or greater value. The process may require
contouring, terracing, grading, resoiling, revegetation,
compaction and stabilization, settling ponds, water
impoundments, diversion ditches, and other water treatment
facilities in order to eliminate water diminution to the extent
that existing water sources are adversely affected, pollution,
soil and wind erosion, or flooding resulting from mining or any
other activity to accomplish the reclamation of the land
affected to a useful purpose;
(ii) "Minerals" means coal, clay, stone, sand,
gravel, bentonite, scoria, rock, pumice, limestone, ballast
rock, uranium, gypsum, feldspar, copper ore, iron ore, oil
shale, trona, and any other material removed from the earth for
reuse or further processing;
(iii) "Contouring" means grading or backfilling and
grading the land affected and reclaiming it to the proposed
future use with adequate provisions for drainage. Depressions to
accumulate water are not allowed except if approved as part of
the reclamation plan;
(iv) "Overburden" means all of the earth and other
materials which lie above the mineral deposit and also means
such earth and other materials disturbed from their natural
state in the process of mining, or mining from exposed natural
deposits;
(v) "Underground mining" means the mining of minerals
by man-made excavation underneath the surface of the earth;
(vi) "Pit" means a tract of land from which
overburden has been or is being removed for the purpose of
surface mining or mining from an exposed natural deposit;
(vii) "Adjacent lands" means all lands within
one-half mile of the proposed permit area;
(viii) "Operation" means all of the activities,
equipment, premises, facilities, structures, roads,
rights-of-way, waste and refuse areas excluding uranium mill
tailings and mill facilities, within the Nuclear Regulatory
Commission license area, storage and processing areas, and
shipping areas used in the process of excavating or removing
overburden and minerals from the affected land or for removing
overburden for the purpose of determining the location, quality
or quantity of a natural mineral deposit or for the reclamation
of affected lands;
(ix) "Operator" means any person, as defined in this
act, engaged in mining, either as a principal who is or becomes
the owner of minerals as a result of mining, or who acts as an
agent or independent contractor on behalf of such principal in
the conduct of mining operations;
(x) "Surface mining" means the mining of minerals by
removing the overburden lying above natural deposits thereof and
mining directly from the natural deposits thereby exposed,
including strip, open pit, dredging, quarrying, surface
leaching, and related activities;
(xi) "Mining permit" means certification by the
director that the affected land described may be mined for
minerals by a licensed operator in compliance with an approved
mining plan and reclamation plan. No mining may be commenced or
conducted on land for which there is not in effect a valid
mining permit. A mining permit shall remain valid and in force
from the date of its issuance until the termination of all
mining and reclamation operations, except as otherwise provided
in this act;
(xii) "Spoil pile" means the overburden or any reject
minerals as piled or deposited by surface or underground mining;
(xiii) "A license to mine for minerals" means the
certification from the administrator that the licensee has the
right to conduct mining operations on the subject lands in
compliance with this act; for which a valid permit exists; that
he has deposited a bond conditioned on his faithful fulfillment
of the requirements thereof; and that upon investigation the
administrator has determined that the licensed mining operation
is within the purposes of this act;
(xiv) "Topsoil" means soil on the surface prior to
mining that will support plant life;
(xv) "Exploration by dozing" means the removal of
overburden by trenching with a bulldozer or other earth moving
equipment to expose possible indications of mineralization;
(xvi) "Affected land" means the area of land from
which overburden is removed, or upon which overburden,
development waste rock or refuse is deposited, or both,
including access roads, haul roads, mineral stockpiles, mill
tailings excluding uranium mill tailings, and mill facilities,
within the Nuclear Regulatory Commission license area,
impoundment basins excluding uranium mill tailings impoundments,
and all other lands whose natural state has been or will be
disturbed as a result of the operations;
(xvii) "Refuse" means all waste material directly
connected with mining including overburden, reject mineral or
mill tailings excluding uranium mill tailings, which have passed
through a processing plant prior to deposition on affected land;
(xviii) "Alluvial valley floors" means the
unconsolidated stream laid deposits holding streams where water
availability is sufficient for subirrigation or flood irrigation
agricultural activities but does not include upland areas which
are generally overlain by a thin veneer of colluvial deposits
composed chiefly of debris from sheet erosion, deposits by
unconcentrated runoff or slope wash, together with talus, other
mass movement accumulation and windblown deposits;
(xix) "Prime farmland" shall have the same meaning as
that previously prescribed by the United States secretary of
agriculture on the basis of such factors as moisture
availability, temperature regime, chemical balance,
permeability, surface layer composition, susceptibility to
flooding and erosion characteristics, and which historically
have been used for intensive agricultural purposes, and as
published in the federal register;
(xx) "Surface coal mining operation" means:
(A) Activities conducted on the surface of lands
in connection with a surface coal mine or with the surface
impacts incident to an underground coal mine as provided in
Section 516 of P.L. 95-87. These activities include excavation
for the purpose of obtaining coal including common methods as
contour, strip, auger, mountaintop removal, box cut, open pit
and area mining, the use of explosives and blasting, and in situ
distillation or retorting, leaching or other chemical or
physical processing, and the cleaning, concentrating or other
processing or preparation, and the loading of coal; and
(B) The areas upon which these activities occur
or where these activities disturb the land surface. These areas
shall also include any adjacent land the use of which is
incidental to any of these activities, all lands affected by the
construction of new roads or the improvement or use of existing
roads to gain access to the site of these activities and for
haulage, and excavations, workings, impoundments, dams,
ventilation shafts, entry ways, refuse banks, dumps, stockpiles,
overburden piles, spoil banks, culm banks, tailings, holes or
depressions, repair areas, storage areas, processing areas,
shipping areas and other areas upon which are sited structures,
facilities or other property or materials on the surface,
resulting from or incident to these activities.
(xxi) "Steep slope surface coal mining operation"
means a surface coal mining operation where mining occurs along
the contour of a steep slope generally exceeding twenty (20)
degrees and which, because of the steepness of the terrain,
requires special spoil handling procedures;
(xxii) "Complete application" under W.S. 35-11-406(e)
means that the application contains all the essential and
necessary elements and is acceptable for further review for
substance and compliance with the provisions of this chapter;
(xxiii) "Interim mine stabilization" means a
temporary cessation of mining operation within the terms of a
valid permit to mine;
(xxiv) "Deficiency" means an omission or lack of
sufficient information serious enough to preclude correction or
compliance by stipulation in the approved permit to be issued by
the director;
(xxv) "Imminent or continuous threat" means, with
respect to the coal mine subsidence mitigation program, physical
data which shows an immediate significant threat of damage from
mine subsidence or insurance claim records which support
progressive and continuous mine subsidence loss damage to
structure;
(xxvi) "Fish and wildlife habitat" means land
dedicated wholly or partially to the production, protection or
management of species of fish or wildlife;
(xxvii) "Grazingland" includes rangelands and
forestlands where the indigenous native vegetation is actively
managed for grazing, browsing, occasional hay production, and
occasional use by wildlife;
(xxviii) Repealed by Laws 1994, ch. 87, § 2.
(xxix) Repealed by Laws 1994, ch. 87, § 2.
(xxx) Repealed by Laws 1994, ch. 87, § 2.
(xxxi) "Inert material" means a material that is
suitable as backfill into non-coal mining sites as determined by
W.S. 35-11-402(a)(xv).
(f) Specific definitions applying to in situ mining are:
(i) "Best practicable technology" means a technology
based process justifiable in terms of existing performance and
achievability in relation to health and safety which minimizes,
to the extent safe and practicable, disturbances and adverse
impacts of the operation on human or animal life, fish,
wildlife, plant life and related environmental values;
(ii) "Excursion" means any unwanted and unauthorized
movement of recovery fluid out of the production zone as a
result of in situ mining activities;
(iii) "Groundwater restoration" means the condition
achieved when the quality of all groundwater affected by the
injection of recovery fluids is returned to a quality of use
equal to or better than, and consistent with the uses for which
the water was suitable prior to the operation by employing the
best practicable technology;
(iv) "In situ mining" means a method of in-place
surface mining in which limited quantities of overburden are
disturbed to install a conduit or well and the mineral is mined
by injecting or recovering a liquid, solid, sludge or gas that
causes the leaching, dissolution, gasification, liquefaction or
extraction of the mineral. In situ mining does not include the
primary or enhanced recovery of naturally occurring oil and gas
or any related process regulated by the Wyoming oil and gas
conservation commission;
(v) "Production zone" means the geologic interval
into which recovery fluids are to be injected or extracted;
(vi) "Reclamation" includes groundwater restoration;
(vii) "Recovery fluid" means any material which flows
or moves, whether semi-solid, liquid, sludge, gas or other form
or state, used to dissolve, leach, gasify or extract a mineral;
(viii) "Research and development testing" means
conducting research and development activities to indicate
mineability or workability of and develop reclamation techniques
for an in situ operation.
(g) Specific definitions applying to voluntary
remediation, real property remediation account and innocent
owners:
(i) "Adjacent" means property contiguous to an
eligible site, and contiguous or noncontiguous property onto or
under which contaminants are known to have migrated from such
site;
(ii) "Certificate of completion" means a certificate
issued by the director stating that all remediation requirements
for a site have been successfully implemented or satisfied. The
certificate of completion shall incorporate any required
institutional and engineering controls for future use of the
site, which may include deed restrictions recorded by the site
owner. A certificate of completion may be conditioned upon the
duty to perform any continuing requirements specified in a
remedy agreement;
(iii) "Contaminant" means any chemical, material,
substance or waste:
(A) Which is regulated under any applicable
federal, state or local law or regulation;
(B) Which is classified as hazardous or toxic
under federal, state or local law or regulation; or
(C) To which exposure is regulated under
federal, state or local law or regulation.
(iv) "Covenant not to sue" means a written pledge
issued by the director stating that the state shall not sue the
person or any subsequent owner concerning contaminants and
liability addressed by a remedy agreement. A covenant not to
sue may be conditioned upon the duty to perform any continuing
requirements specified in a remedy agreement;
(v) "Engineering controls" means measures, such as
capping, containment, slurry walls, extraction wells or
treatment methods that are capable of managing environmental and
health risks by reducing contamination levels or limiting
exposure pathways;
(vi) "Governmental entity" shall have the following
meaning as determined by the location of an eligible site. For
the purposes of this definition, city shall include both first
class cities and towns:
(A) The city, for a site located entirely within
the boundary of that city;
(B) Both the city and county, for a site located
partially within that city or within the extraterritorial
boundary of a city;
(C) The county, for a site located outside the
boundary of a city and outside the extraterritorial boundary of
the city; or
(D) The federal land management agency, for a
site located on lands managed by that federal agency.
(vii) "Institutional controls" means restrictions on
the use of a site, including deed notices, voluntary deed
restrictions or other conditions, covenants or restrictions
imposed by the property owner and filed with the county clerk,
use control areas, and zoning regulations or restrictions;
(viii) "No further action letter" means a letter
issued by the director stating that the department has
determined that no further remediation is required on the site;
(ix) "Remediation" means all actions necessary to
assess, test, investigate or characterize a site, and to clean
up, remove, treat, or in any other way address any contaminants
that are on, in or under a site or adjacent property to prevent,
minimize or mitigate harm to human health or the environment;
(x) "Site" means a parcel of real property;
(xi) "Use control area" means an area designated by a
governmental entity or entities for the purpose of controlling
current and future property uses;
(xii) "Bona fide prospective purchaser" means a
person who acquired ownership of contaminated real property
after January 11, 2002 which the person knew to be contaminated
at the time of acquisition and can establish each of the
following:
(A) All release or disposal of contaminants
located at the real property occurred before the person acquired
the property;
(B) The owner or prospective purchaser stopped
all continuing releases of contamination from the property;
(C) The owner or prospective purchaser prevented
any threatened future release from the existing contamination;
(D) The owner or prospective purchaser prevented
or limited human, environmental and natural resource exposure to
previously released hazardous substances;
(E) The department has been notified in writing
of the presence of contamination;
(F) The prospective purchaser is not potentially
liable or affiliated with a potentially liable party for
response costs at the property through:
(I) Familial relationships;
(II) Contractual, corporate or financial
relationships; or
(III) The reorganization of a potentially
liable business.
(h) Specific definitions applying to municipal solid waste
landfills:
(i) "Aquifer" means an underground geologic
formation:
(A) Which has boundaries that may be ascertained
or reasonably inferred;
(B) In which water stands, flows or percolates;
(C) Which is capable of yielding to wells or
springs significant quantities of groundwater that may be put to
beneficial use; and
(D) Which is capable of yielding to wells or
springs which produce a sustainable volume of more than one-half
(1/2) gallon of water per minute.
(ii) "Credible data" means as defined in paragraph
(c)(xix) of this section;
(iii) "Groundwater" means any water, including hot
water and geothermal steam, under the surface of the land or the
bed of any stream, lake, reservoir or other body of surface
water, including water that has been exposed to the surface by
an excavation such as a pit which:
(A) Stands, flows or percolates; and
(B) Is capable of being produced to the ground
surface in sufficient quantity to be put to beneficial use.
(iv) "Lifetime" means the estimated time to fill and
close a municipal solid waste landfill, not to exceed twenty-
five (25) years.
(j) Specific definitions applying to nuclear regulatory
functions of the state as provided in article 20 of this
chapter:
(i) "Byproduct material" means the tailings or wastes
produced by the extraction or concentration of uranium or
thorium from any ore processed primarily for its source material
content as defined in section 11e.(2) of the Atomic Energy Act
of 1954, 42 U.S.C. § 2014(e)(2), as amended;
(ii) "Recovery or milling" means any activity that
generates byproduct material as defined in section 11e.(2) of
the Atomic Energy Act of 1954, 42 U.S.C. § 2014(e)(2), as
amended;
(iii) "Source material" means uranium or thorium, or
any combination thereof, in any physical or chemical form or
ores which contain by weight one-twentieth of one percent
(0.05%) or more of uranium, thorium, or any combination thereof.
Source material does not include special nuclear material.
35-11-104. Department of environmental quality created.
There is created a department within the executive branch
entitled "The State Department of Environmental Quality" as
provided in W.S. 9-2-2013.
35-11-105. Divisions enumerated.
(a) The department shall consist of the following
divisions:
(i) Air quality division;
(ii) Water quality division;
(iii) Land quality division;
(iv) Solid and hazardous waste management division;
(v) Abandoned mine land division;
(vi) Industrial siting division.
35-11-106. Powers, duties, functions and regulatory
authority.
(a) All powers, duties, functions and regulatory authority
vested in the state office of industrial siting administration
are transferred to the department, as of April 1, 1992. The
performance of such acts or functions by the industrial siting
division of the department shall have the same effect as if done
by the former state office of industrial siting administration
as referred to or designated by law, contract or other document.
The reference or designation to the former state office of
industrial siting administration shall now apply to the
industrial siting division of the department. The industrial
siting council shall retain all powers, duties, functions and
regulatory authority but shall be within the department.
(b) All rules, regulations and orders of the former state
office of industrial siting administration, the industrial
siting council, abandoned mine reclamation program, solid waste
management program or any other program or entity transferred
to the department by this act which were lawfully adopted prior
to April 1, 1992 are adopted as the rules, regulations and
orders of the department and shall continue to be effective
until revised, amended, repealed or nullified pursuant to law.
35-11-107. Transfer of funds, records, property and
personnel.
(a) All records, physical property and personnel including
their rights and privileges under the merit system, retirement
system and personnel system, and any appropriated or unused
funds of the former state office of industrial siting
administration and of the industrial siting council shall be
transferred to the department as of the effective date of this
act. All records, lists or other information which by law are
confidential or privileged in nature shall remain as such.
(b) Repealed by Laws 1992, ch. 60, § 4.
(c) Repealed by Laws 1992, ch. 60, § 4.
(d) Repealed by Laws 1992, ch. 60, § 4.
(e) The industrial siting division is the successor to the
powers, duties, functions and regulatory authority of the state
office of industrial siting administration which is abolished
effective April 1, 1992.
35-11-108. Appointment of director and division
administrators; qualifications of director; term; salaries;
employment of assistants.
The governor with the advice and consent of the senate shall
appoint a director of the department who is the department's
executive and administrative head. The director shall possess
technical qualifications and administrative and other experience
sufficient to fulfill the duties of his position. The director
shall appoint administrators for each of the divisions of
abandoned mine land, industrial siting, solid and hazardous
waste management, air quality, water quality and land quality,
who are the executive and administrative heads of their
respective divisions. The administrators shall serve at the
pleasure of the director and are responsible to and under the
control and supervision of the director. The salary and
qualifications of each administrator shall be determined by the
human resources division. The director, with the advice of the
respective administrators, may employ professional, technical
and other assistants, along with other employees as may be
necessary to carry out the purposes of this act. The governor
may remove the director as provided in W.S. 9-1-202.
35-11-109. Powers and duties of director.
(a) In addition to any other powers and duties imposed by
law, the director of the department shall:
(i) Perform any and all acts necessary to promulgate,
administer and enforce the provisions of this act and any rules,
regulations, orders, limitations, standards, requirements or
permits adopted, established or issued thereunder, and to
exercise all incidental powers as necessary to carry out the
purposes of this act;
(ii) Advise, consult and cooperate with other
agencies of the state, the federal government, other states,
interstate agencies, and other persons in furtherance of the
purposes of this act;
(iii) Exercise the powers and duties conferred and
imposed by this act in such a manner as to carry out the policy
stated in W.S. 35-11-102;
(iv) Conduct, encourage, request and participate in,
studies, surveys, investigations, research, experiments,
training and demonstrations by contract, grant or otherwise;
prepare and require permittees to prepare reports and install,
use and maintain any monitoring equipment or methods reasonably
necessary for compliance with the provisions of this act; and
collect information and disseminate to the public such
information as is deemed reasonable and necessary for the proper
enforcement of this act;
(v) Conduct programs of continuing surveillance and
of a regular periodic inspection of all actual or potential
sources of pollution and of public water supplies with the
assistance of the administrators;
(vi) Designate authorized officers, employees or
representatives of the department to enter and inspect any
property, premise or place, except private residences, on or at
which an air, water or land pollution source is located or is
being constructed or installed, or any premises in which any
records required to be maintained by a surface coal mining
permittee are located. Persons so designated may inspect and
copy any records during normal office hours, and inspect any
monitoring equipment or method of operation required to be
maintained pursuant to this act at any reasonable time upon
presentation of appropriate credentials, and without delay, for
the purpose of investigating actual or potential sources of air,
water or land pollution and for determining compliance or
noncompliance with this act, and any rules, regulations,
standards, permits or orders promulgated hereunder. For surface
coal mining operations, right of entry to or inspection of any
operation, premises, records or equipment shall not require
advance notice. The owner, occupant or operator shall receive a
duplicate copy of all reports made as a result of such
inspections within thirty (30) days. The department shall
reimburse any operator for the reasonable costs incurred in
producing copies of the records requested by the department
under this section;
(vii) Investigate violations of this act or
regulations adopted hereunder and prepare and present
enforcement cases before the council; to take such enforcement
action as set out in articles 6 and 7 of this act; to appear
before the council on any hearing under this act;
(viii) Represent Wyoming in any matters pertaining to
plans, procedures or negotiations for interstate compacts or
other intergovernmental arrangements relating to environmental
enhancement and protection. The director shall cooperate and
participate in the negotiation and execution of consent orders,
permit issuance, site investigations and remedial measures by
and between federal agencies and the owners or operators of
Wyoming facilities where the department has not been delegated
the authority to administer and enforce federal legislation;
(ix) Accept, receive and administer any grants,
gifts, loans or other funds made available from any source for
the purposes of this act. Any monies received by the director
pursuant to this paragraph shall be deposited with the state
treasurer in the account or fund as provided by law for the
purpose designated;
(x) Serve as advisor to the council, without vote, on
all matters other than the consideration of rules proposed by
the department or contested case proceedings in which the
department is a party;
(xi) Designate authorized officers, employees or
representatives of the department to monitor the air, water, and
land quality, and solid waste management operations of all
facilities which have been granted permits under W.S. 35-12-101
through 35-12-119, for assuring continuing compliance with
conditions and requirements of their permits and for discovering
and preventing noncompliance with the permits or violations of
law;
(xii) Exercise all the powers granted to
administrators by W.S. 35-11-110;
(xiii) Issue, deny, amend, suspend or revoke permits
and licenses and determine the amount of bonds to be posted by
the operator to insure reclamation of any affected lands;
(xiv) Exercise the powers and duties conferred and
imposed by this act. Any person who generates, stores, treats,
transports, disposes of or otherwise handles or has handled
hazardous wastes shall, upon request, furnish information
relating to the wastes and permit at all reasonable times the
director or designated officers, employees or representatives of
the department to have access to, and to copy all records
relating to the wastes. For purposes of developing or assisting
in the development of any hazardous waste regulation or
enforcing the hazardous waste provisions of this act, the
designated officers, employees or representatives are authorized
to:
(A) Enter at reasonable times any establishment,
property, premise or other place where hazardous wastes are or
have been generated, stored, treated, disposed of or transported
from; and
(B) Inspect and obtain samples from any person
of the wastes and samples of any containers or labeling for the
wastes.
(xv) Commence and complete with reasonable promptness
each inspection conducted under paragraph (xiv) of this
subsection. If an officer, employee or representative acting
pursuant to paragraph (xiv) of this subsection, obtains any
samples, prior to leaving the premises, he shall give to the
owner, operator or agent in charge a receipt describing the
sample obtained and if requested a portion of each sample equal
in volume or weight to the portion retained. If any analysis is
made of the samples, a copy of the results of the analysis shall
be furnished promptly to the owner, operator or agent in charge;
(xvi) Establish an expedited process to issue all
permits or licenses required under this act that are necessary
for the establishment or operation of a facility for the
production of a value-added manufactured product in an
industrial sovereign zone established under W.S. 9-20-202. The
expedited process under this paragraph shall be prioritized
ahead of all other permit applications and expedited to the
extent that the process does not adversely impact primacy of
permitting programs or reduce public health and environmental
protections provided for in the Environmental Quality Act. The
issuance of licenses or permits shall not be unreasonably
delayed. In addition to an expedited process established under
this paragraph, the director may, by rule, establish a pre-
permitting process for any permit or license required under this
act for the establishment or operation of a facility for the
production of a value-added manufactured product in an
industrial sovereign zone established under W.S. 9-20-201
through 9-20-203.
(b) In addition to any other powers and duties imposed by
law, the director of the department may allow the permitting and
reporting requirements of this act to be conducted
electronically as provided by the Uniform Electronic Transaction
Act, W.S. 40-21-101 through 40-21-119 and any applicable federal
electronic requirements.
35-11-110. Powers of administrators of the divisions.
(a) The administrators of the air quality, land quality
and water quality divisions, under the control and supervision
of the director, shall enforce and administer this act and the
rules, regulations and standards promulgated hereunder. Each
administrator shall have the following powers:
(i) To serve as executive secretary of their
respective advisory boards without vote;
(ii) To make recommendations to the director
regarding the issuance, denial, amendment, suspension or
revocation of permits and licenses and to make recommendations
to the director regarding the amount of bond to be posted by the
operator to insure reclamation of any affected lands;
(iii) To supervise studies, surveys, investigations,
experiments and research projects assigned by the director and
report all information gained therefrom to the director and the
appropriate advisory board;
(iv) To determine the degrees of air, water or land
pollution throughout the state and the several parts thereof;
(v) To administer, in accordance with this act, any
permit or certification systems which may be established
hereunder;
(vi) To require the owners and operators of any point
source to complete plans and specifications for any application
for a permit required by this act or regulations made pursuant
hereto and require the submission of such reports regarding
actual or potential violations of this act or regulations
thereunder;
(vii) To require the owner or operator of any point
source to:
(A) Establish and maintain records;
(B) Make reports;
(C) Install, use and maintain monitoring
equipment or methods;
(D) Sample effluents, discharges or emissions;
(E) Provide such other information as may be
reasonably required and specified.
(viii) To consult with and report to the appropriate
advisory board and to make written reports of all the activities
of his division to said advisory board at each of its regularly
scheduled meetings;
(ix) To recommend to the director, after consultation
with the appropriate advisory board, that any rule, regulation
or standard or any amendment adopted hereunder may differ in its
terms and provisions as between particular types,
characteristics, quantities, conditions and circumstances of
air, water or land pollution and its duration, as between
particular air, water and land pollution services and as between
particular areas of the state;
(x) To possess such further powers as shall be
reasonably necessary and incidental to the proper performance of
the duties imposed upon the divisions under this act.
(b) The administrator of the land quality division shall
have, in addition to the powers set forth in subsection (a) of
this section, the power to issue, deny, amend, suspend or revoke
licenses and to determine the amount of bonds to be posted by an
operator to insure reclamation of affected lands in accordance
with the specific authority granted the administrator under
article 4 of this act.
(c) The administrator of the solid and hazardous waste
management division shall have the powers set forth in
paragraphs (a)(ii) through (x) of this section.
(d) The administrator of the abandoned mine land division
shall enforce and administer the provisions of W.S. 35-11-1201
through 35-11-1209 and 35-11-1301 through 35-11-1304. He shall
have the powers set forth in paragraph (a)(x) of this section.
(e) The administrator of the industrial siting division
shall enforce and administer the provisions of W.S. 35-12-101
through 35-12-119. He shall have the powers set forth in
paragraph (a)(x) of this section.
35-11-111. Independent environmental quality council
created; removal; terms; officers; meetings; expenses.
(a) There is created as a separate operating agency of
state government an independent council consisting of seven (7)
members to be known as the environmental quality council. Not
more than seventy-five percent (75%) of the members shall be of
the same political party. Council members shall be appointed by
the governor with the advice and consent of the senate. The
governor may remove any council member as provided in W.S.
9-1-202. No employee of the state, other than employees of
institutions of higher education, shall be a member of the
council. At all times, there shall be at least one (1) member
from the minerals industry and one (1) member from agriculture.
Any member receiving more than ten percent (10%) of his income
from any permit applicant shall not act on a permit application
from that applicant.
(b) The terms of the members shall be for four (4) years,
except that on the initial appointment, members' terms shall be
as follows: three (3) shall serve for two (2) years, two (2)
shall serve for three (3) years and two (2) shall serve for four
(4) years, as designated by the initial appointment. If a
vacancy occurs, the governor shall appoint a new member as
provided in W.S. 28-12-101.
(c) The first meeting of the council shall be held within
sixty (60) days after the effective date of this act at which
time a chairman shall be elected from among the members to serve
a one (1) year term. The council shall also annually elect from
its membership a vice-chairman and a secretary, each for a term
of one (1) year, and it shall keep a record of its proceedings.
(d) The council shall hold at least four (4) regularly
scheduled meetings each year. Special meetings may be called by
the chairman, and special meetings shall be called by the
chairman, upon a written request submitted by the director or
three (3) or more members. Four (4) members participating in a
matter shall constitute a quorum. All matters shall be decided
by a majority vote of those members participating in the matter.
For purposes of voting, a member who has recused himself from a
matter, a member who is absent and is not participating in the
meeting, a member who is unable to participate in proceedings
due to illness or incapacity and a vacant position on the
council shall be deemed to be not participating in the matter.
(e) Unless otherwise prohibited by law, each member of the
council shall receive the same per diem, mileage and salary for
attending and traveling to and from meetings, hearings and other
activities necessary to the performance of the duties of the
office in the same manner and amount as members of the Wyoming
legislature. Council members who receive compensation from
their employers for activities performed pursuant to this act
shall not receive salary but shall receive mileage and per diem
if they are not reimbursed by their employers.
(f) Effective July 1, 1979, appointments and terms under
this section shall be in accordance with W.S. 28-12-101 through
28-12-103.
35-11-112. Powers and duties of the environmental quality
council.
(a) The council shall act as the hearing examiner for the
department and shall hear and determine all cases or issues
arising under the laws, rules, regulations, standards or orders
issued or administered by the department or its air quality,
land quality, solid and hazardous waste management or water
quality divisions. At the council's request the office of
administrative hearings may provide a hearing officer for any
rulemaking or contested case hearing before the council, and the
hearing officer may provide recommendations on procedural
matters when requested by the council. Notwithstanding any
other provision of this act, including this section, the council
shall have no authority to promulgate rules or to hear or
determine any case or issue arising under the laws, rules,
regulations, standards or orders issued or administered by the
industrial siting or abandoned mine land divisions of the
department. The council shall:
(i) Subject to subsection (h) of this section,
promulgate rules and regulations necessary for the
administration of this act, after recommendation from the
director of the department, the administrators of the various
divisions and their respective advisory boards;
(ii) Conduct hearings as required by the Wyoming
Administrative Procedure Act for the adoption, amendment or
repeal of rules, regulations or standards when recommended by
the director after the director consults with the advisory
boards and the administrators. The council shall approve all
rules, regulations and standards of the department before they
become final;
(iii) Conduct hearings in any case contesting the
administration or enforcement of any law, rule, regulation,
standard or order issued or administered by the department or
any division thereof;
(iv) Conduct hearings in any case contesting the
grant, denial, suspension, revocation or renewal of any permit,
license, certification or variance authorized or required by
this act;
(v) Designate at the earliest date and to the extent
possible those areas of the state which are very rare or
uncommon and have particular historical, archaeological,
wildlife, surface geological, botanical or scenic value. When
areas of privately owned lands are to be considered for such
designation, the council shall give notice to the record owner
and hold hearing thereon, within a county in which the area, or
major portion thereof, to be so designated is located, in
accordance with the Wyoming Administrative Procedure Act. No
new designations shall be made pursuant to this paragraph after
July 1, 2011, but the council shall retain the authority to
remove designations made prior to that date;
(vi) Adopt and when applicable, enforce the
provisions of rule 11 of the Wyoming Rules of Civil Procedure in
a contested hearing conducted by the council. The council may
modify the procedural provisions of rule 11 to fit the
circumstances of a hearing before the council and sanctions
imposed by the council. If the provisions of rule 11 are
modified at a future date, the council may adopt the
modifications.
(b) The council may contract with consultants having
special expertise to assist in the performance of its duties.
(c) Subject to any applicable state or federal law, and
subject to the right to appeal, the council may:
(i) Approve, disapprove, repeal, modify or suspend
any rule, regulation, standard or order of the director or any
division administrator;
(ii) Order that any permit, license, certification or
variance be granted, denied, suspended, revoked or modified;
(iii) Affirm, modify or deny the issuance of orders
to cease and desist any act or practice in violation of the
laws, rules, regulations, standards or orders issued or
administered by the department or any division thereof. Upon
application by the council, the district court of the county in
which the act or practice is taking place shall issue its order
to comply with the cease and desist order, and violation of the
court order may be punished as a contempt.
(d) The council may employ an executive officer and staff
who shall serve at the pleasure of the council. The executive
officer and other staff members shall perform duties as the
council may assign, including preparing meeting facilities and
completing administrative, secretarial and other functions. The
department of administration and information shall provide
suitable office space for the executive officer and other staff
members and shall ensure that any employment authorized under
this subsection complies with title 9, chapter 2, article 10 of
the Wyoming statutes. The council may negotiate and enter into
appropriate memoranda of understanding with the department of
administration and information to facilitate administrative
support, accounting functions and staffing needs required under
this subsection.
(e) The attorney general shall provide legal assistance as
the council may require in the proper performance of its duties.
(f) All proceedings of the council shall be conducted in
accordance with the Wyoming Administrative Procedure Act.
(g) Subject to subsection (h) of this section, the council
shall not promulgate any rules which impose standards or
requirements related to meat processing which are more stringent
than federal law, rules or regulations.
(h) The council shall not promulgate any rules or
regulations that impose standards or requirements more stringent
than federal law, rules or regulations applicable to any federal
program that the state maintains primacy over unless the
department identifies the need for rules or regulations that
impose standards or requirements more stringent than federal
law, rules or regulations in its statement of principal reasons.
35-11-113. Advisory boards created; membership; removal;
terms; meetings; expenses.
(a) There is created within the department three (3)
advisory boards, one (1) for each of the air quality, land
quality and water quality divisions. Each advisory board shall
consist of five (5) members appointed by the governor. Each
board shall have one (1) member who represents industry, one (1)
member who represents agriculture, one (1) member who represents
political subdivisions and two (2) members who represent the
public interest. The governor may remove any member of any of
the advisory boards as provided in W.S. 9-1-202.
(b) For the initial appointments to each board, the
governor shall appoint one (1) member for a six (6) year term,
two (2) members for four (4) year terms and two (2) members for
two (2) year terms. Thereafter all appointments shall be for
four (4) year terms. No officer or employee of the state, other
than employees of institutions of higher education, may be
appointed to a board. A vacancy occurs if any member ceases to
represent the interest group or political party for which he was
originally appointed, or if any member becomes unable or fails
to serve for any reason. The governor shall fill vacancies by
appointment for the unexpired portion of the term.
(c) Each advisory board shall meet within sixty (60) days
after the effective date of this act to elect from among its
members a chairman and a vice-chairman. Such officers shall be
elected annually thereafter. Each board shall hold at least four
(4) regularly scheduled meetings each year, and special meetings
may be called by the chairman at any time. Three (3) members
shall constitute a quorum for the purpose of conducting
business, but all decisions must be approved by a majority of
the total membership of the board. Each board shall keep a
written record of its meetings and proceedings. Each board
member shall be reimbursed for per diem, mileage and expenses
for attending board meetings in the same manner and amount as
state employees.
35-11-114. Powers and duties of the advisory boards.
(a) The advisory board shall recommend to the council
through the administrator and director, comprehensive plans and
programs for the management of solid and hazardous waste, the
prevention, control and abatement of air, water and land
pollution and the protection of public water supplies.
(b) The advisory board shall consult with and advise the
administrator and director on the adoption of rules, regulations
and standards to implement and carry out the provisions and
purposes of this act which relate to their divisions, and
variances therefrom.
(c) The advisory boards shall counsel with and advise the
administrator of their respective divisions in the
administration and performance of all the duties of the division
and shall make an annual written report to the governor.
(d) The advisory board shall counsel with and advise each
other, the public, and the director of the department in order
to coordinate the policies and activities of their respective
divisions and to achieve maximum efficiency and effectiveness in
furthering the objectives of the department.
(e) Each administrator and staff shall provide the
appropriate board with meeting facilities, secretarial or
clerical assistance, supplies and such other assistance as each
board may require in the performance of its duties.
35-11-115. Power of director to issue emergency orders.
(a) Any other provisions of law to the contrary
notwithstanding, if the director finds that a condition of air,
water or land pollution exists and that it creates an emergency
requiring immediate action to protect human or animal health or
safety, the director, with the concurrence of the governor,
shall order any persons causing or contributing to such
pollution to reduce or discontinue immediately the actions
causing the condition of pollution and such order shall fix a
time and place for hearing before the council within forty-eight
(48) hours thereafter. The council shall affirm, modify or set
aside the director's order within forty-eight (48) hours
following the adjournment of the hearing.
(b) If the director has evidence that any pollution source
presents an immediate and substantial danger to human or animal
health or safety, he may institute, through the attorney
general, a civil action for immediate injunctive relief to halt
any activity causing the danger. The court may issue an ex-parte
order and shall schedule a hearing on the matter within three
(3) working days from the date the petition for injunctive
relief is filed.
(c) Nothing in this section shall be construed to limit
any power which the governor or any other officer may have to
declare an emergency and act on the basis of such declaration,
if such power is conferred by statute or constitutional
provision or inheres in the office.
ARTICLE 2 - AIR QUALITY
35-11-201. Discharge or emission of contaminants;
restrictions.
No person shall cause, threaten or allow the discharge or
emission of any air contaminant in any form so as to cause
pollution which violates rules, regulations and standards
adopted by the council.
35-11-202. Establishment of standards.
(a) Without limiting the authority of the administrator as
set out in W.S. 35-11-110, he shall, after consultation with the
advisory board, recommend to the director such ambient air
standards or emission control requirements by rule or
regulation, as may be necessary to prevent, abate, or control
pollution. Such standards or requirements may be for the state
as a whole or may vary from area to area, as may be appropriate
to facilitate accomplishment of the purposes of this act, and in
order to take account of varying local conditions.
(b) In recommending such standards or requirements the
administrator shall:
(i) Consider all the facts and circumstances bearing
upon the reasonableness of the emissions involved, including:
(A) The character and degree of injury to, or
interference with the health and physical well being of the
people, animals, wildlife and plant life;
(B) The social and economic value of the source
of pollution;
(C) The priority of location in the area
involved;
(D) The technical practicability and economic
reasonableness of reducing or eliminating the pollution; and
(E) The social welfare and aesthetic value.
(ii) Grant such time as he shall find to be
reasonable and necessary for owners and operators of air
contaminant sources to comply with applicable standards or
requirements;
(iii) Recommend to the director, after consultation
with the advisory board, regulations to prevent construction,
modification or operation of any source at any location where
emissions from such source will prevent the attainment or
maintenance of a state or national standard.
35-11-203. Sources subject to operating permit program.
(a) The following sources of air contaminants are subject
to the provisions of W.S. 35-11-203 through 35-11-212:
(i) Any stationary source, or any group of stationary
sources located within a contiguous area and under common
control, that:
(A) Has the potential to emit one hundred (100)
tons or more per year of any pollutant regulated under the Clean
Air Act and is a major stationary source as defined in section
302 of the Clean Air Act;
(B) Has the potential to emit ten (10) tons per
year of any single hazardous air pollutant or twenty-five (25)
tons per year of any combination of hazardous air pollutants as
defined by section 112 of the Clean Air Act. Emissions from any
oil or gas exploration or production well (with its associated
equipment) and emissions from any pipeline compressor or pump
station shall not be aggregated with emissions from other
similar units, whether or not such units are in a contiguous
area or under common control, to determine whether such units or
stations are major sources; or
(C) Is subject to the nonattainment area
provisions of title I, part D, of the Clean Air Act.
(ii) Any other source of hazardous air pollutants,
including an area source, which the environmental protection
agency may designate pursuant to the provisions of section 112
of the Clean Air Act;
(iii) Any source subject to the new source
performance standards promulgated by the environmental
protection agency pursuant to section 111 of the Clean Air Act;
(iv) Any "affected source" subject to the acid rain
provisions of title IV of the Clean Air Act as defined in
section 501 of the Clean Air Act;
(v) Any source subject to preconstruction review
permits pursuant to the prevention of significant deterioration
regulations promulgated by the environmental protection agency
pursuant to the Clean Air Act;
(vi) Any other stationary source that the
environmental protection agency may designate by regulation
pursuant to authority granted under the Clean Air Act.
(b) After the effective date of the operating permit
program authorized under W.S. 35-11-203 through 35-11-212, it
shall be unlawful for any person to violate any requirement of a
permit issued under the operating permit program or to operate
any source required to have a permit under this section, without
having complied with the provisions of the operating permit
program.
(c) The department shall exempt any nonmajor source from
the obligation to obtain a permit under this section until the
environmental protection agency requires such sources to obtain
an operating permit in final regulations promulgated pursuant to
title V of the Clean Air Act.
35-11-204. Department to establish requirements for
applications; certification.
(a) The department shall promulgate rules for permit
applications, including standard application forms to be
submitted pursuant to the operating permit program. The rules
shall:
(i) Establish specific criteria for defining a
complete permit application, including information which
identifies a source, its applicable air pollution control
requirements, current compliance status, intended operating
regime and emissions levels;
(ii) Provide for adequate, streamlined and reasonable
procedures for determining when an application is complete and
for processing an application; and
(iii) Provide for public notice of the application,
and opportunity for public comment and public hearings.
(b) The application, including any information required to
be submitted with the application pursuant to this section shall
be signed by a responsible official who shall certify the
accuracy of the information.
(c) Operating permit applications are not required until
after the date that the environmental protection agency has
issued approval of the state's permit program, or by November
15, 1995, whichever comes first.
35-11-205. Application procedures.
(a) Any source required to have a permit under W.S.
35-11-203 shall, not later than twelve (12) months after the
date on which the source becomes subject to the requirements of
the operating permit program or such earlier date as the
department may establish, submit to the department a compliance
plan and an application for a permit signed by a responsible
official, who shall certify the accuracy of the information
submitted. The department shall approve or disapprove a
completed application, consistent with the procedures
established under W.S. 35-11-204 for consideration of such
applications, and shall issue or deny the permit, within
eighteen (18) months after the date of receipt thereof, except
that the department shall establish a phased schedule for acting
on permit applications submitted within the first full year
after the effective date of the operating permit program, or a
partial or interim program. Any such schedule shall assure that
at least one-third (1/3) of the permits will be acted on by the
department annually over a period of not to exceed three (3)
years after the effective date. The department shall establish
reasonable procedures to prioritize approval or disapproval
actions in the case of applications for construction or
modification under the applicable requirements of the Clean Air
Act and this article.
(b) Any source submitting a permit application shall
submit with the application a compliance plan describing how the
source will comply with all applicable requirements under this
article and the Clean Air Act. The compliance plan shall
include a schedule of compliance, and a schedule under which the
permittee will submit progress reports to the department no less
frequently than every six (6) months.
(c) Except for sources required to have a permit before
construction or modification under the applicable requirements
of this article or the Clean Air Act, if an applicant has
submitted a timely and complete application for a permit or a
renewal of a permit required by the operating permit program,
but final action has not been taken on the application, the
source's failure to have a permit shall not be a violation of
W.S. 35-11-203, unless the delay in final action was due to the
failure of the applicant to timely submit information required
or requested to process the application. No source required to
have a permit under the operating permit program shall be in
violation of W.S. 35-11-203 before the date on which the source
is required to submit an application under subsection (a) of
this section.
(d) A copy of each permit application, compliance plan,
schedule of compliance, emissions or compliance monitoring
report, certification, and each permit issued under the
operating permit program, shall be available to the public. If
an applicant or permittee is required to submit information
entitled to protection from disclosure under section 114(c) of
the Clean Air Act, W.S. 35-11-1101(a) or 16-4-203(d)(v), the
applicant or permittee may submit the information separately.
The requirements of section 114(c), W.S. 35-11-1101(a) and
16-4-203(d)(v) shall apply to the information. The contents of
a permit shall not be entitled to protection under section
114(c), W.S. 35-11-1101(a) or 16-4-203(d)(v).
35-11-206. Operating permit requirements and conditions.
(a) Every permit issued under the operating permit program
shall include enforceable emission limitations and standards, a
schedule of compliance, a requirement that the permittee submit
to the department no less often than every six (6) months, the
results of any required monitoring, and other conditions as are
necessary to assure compliance with applicable requirements
established pursuant to this article and the Clean Air Act.
(b) The department may by rule prescribe procedures and
methods for determining compliance and for monitoring and
analysis of pollutants regulated under the Clean Air Act and
this article, but continuous emissions monitoring need not be
required if alternative methods are available that provide
sufficiently reliable and timely information for determining
compliance. Nothing in this subsection shall be construed to
affect any continuous emissions monitoring requirement of title
IV of the Clean Air Act, or where required elsewhere in the
Clean Air Act.
(c) Every permit issued under the operating permit program
shall set forth inspection, entry, monitoring, compliance
certification and reporting requirements to assure compliance
with the permit terms and conditions. Monitoring and reporting
requirements shall conform to any applicable regulation under
subsection (b) of this section. Any report required to be
submitted by a permit issued to a corporation under the
operating permit program shall be signed by a responsible
corporate official, who shall certify its accuracy.
(d) The department may, after notice and opportunity for
public hearing, issue a general permit covering numerous similar
sources. Any general permit shall comply with all requirements
applicable to permits under title V of the Clean Air Act and the
operating permit program. No source covered by a general permit
shall thereby be relieved from the obligation to file an
application under W.S. 35-11-205.
(e) The department may issue a single permit authorizing
emissions from similar operations at multiple temporary
locations. No such permit shall be issued unless it includes
conditions that will assure compliance with all the requirements
of the operating permit program and the Clean Air Act at all
authorized locations, including, but not limited to, ambient
standards and compliance with any applicable increment or
visibility requirements under part C of title I of the Clean Air
Act. Any such permit shall in addition require the owner or
operator to notify the department in advance of each change in
location. The department may require a separate permit fee for
operations at each location.
(f) Every permit issued pursuant to the operating permit
program shall:
(i) Be issued for a fixed term of five (5) years
unless the department makes a finding, after public comment and
hearing, and based on substantial evidence in the record, that
an operating permit term of less than five (5) years is
necessary to protect the public health and the environment
except that operating permits to any affected source as defined
in section 501 of the Clean Air Act shall be issued for no less
and no more than five (5) years;
(ii) Be subject to termination, modification,
revocation or reissuance for cause;
(iii) Allow for operational flexibility at the
permitted facility without revising the permit; and
(iv) Be subject to revision by the department to
incorporate applicable requirements under the Clean Air Act and
this article which are promulgated after the permit is issued if
the remaining term of the permit is for a term of three (3) or
more years. Any revision required by this paragraph shall be
acted on by the department within the time limits provided in
W.S. 35-11-205(a).
35-11-207. Notification to the environmental protection
agency and contiguous states.
(a) The department shall transmit to the environmental
protection agency:
(i) A copy of each permit application and any
application for a permit modification or renewal or any portion
thereof including any compliance plan, as the environmental
protection agency may require to effectively review the
application and otherwise carry out its responsibilities under
the Clean Air Act; and
(ii) A copy of each permit proposed to be issued and
issued as a final permit.
(b) The department shall provide notice of each permit
application or proposed permit forwarded to the environmental
protection agency under this section, to all states:
(i) Whose air quality may be affected and that are
contiguous to this state; or
(ii) That are within fifty (50) miles of the source.
(c) The department shall provide an opportunity for states
notified pursuant to subsection (b) of this section to submit
written recommendations respecting the issuance of the permit
and its terms and conditions. If any part of those
recommendations are not accepted by the department it shall
notify the state submitting the recommendations and the
environmental protection agency in writing of its failure to
accept those recommendations and the reasons therefor.
(d) Upon receipt of timely objection by the environmental
protection agency under title V of the Clean Air Act the
department shall not issue any permit under the operating permit
program unless it is revised and issued in accordance with
section 505(c) of the Clean Air Act. Any permit issued under the
operating permit program shall be subject to revocation or
revision by the department throughout the period of time that
EPA may object under title V of the Clean Air Act.
35-11-208. Review of actions on applications.
(a) An applicant may seek relief pursuant to W.S.
35-11-802 on any final action taken on a permit including the
director's refusal to grant a permit under the operating permit
program or failure to act on a completed application within
eighteen (18) months.
(b) Any person who participated in the public comment
process on a permit application and who is aggrieved by any
final action taken by the director on a permit application may
seek relief pursuant to W.S. 35-11-1001.
35-11-209. Small business stationary source technical and
environmental compliance assistance program.
(a) The department shall act as ombudsman for small
business stationary sources in connection with implementation of
the operating permit program and the Clean Air Act.
(b) As ombudsman the department shall, in accordance with
section 507 of the Clean Air Act, submit to the environmental
protection agency plans for establishing a small business
stationary source technical and environmental compliance
assistance program.
(c) The program shall be implemented by rules adopted by
the department and shall contain:
(i) Adequate mechanisms for developing, collecting
and coordinating information concerning compliance methods and
technologies for small business stationary sources, and programs
to encourage lawful cooperation among such sources and other
persons to further compliance with the Clean Air Act;
(ii) Adequate mechanisms for assisting small business
stationary sources with pollution prevention and accidental
release detection and prevention, including providing
information concerning alternative technologies, process
changes, products and methods of operation that help reduce air
pollution;
(iii) A compliance assistance program for small
business stationary sources which assists small business
stationary sources in determining applicable requirements and in
receiving permits under the operating permit program and the
Clean Air Act in a timely and efficient manner;
(iv) Adequate mechanisms to assure that small
business stationary sources receive notice of their rights under
the Clean Air Act in a manner and form as to assure reasonably
adequate time for such sources to evaluate compliance methods
and any relevant or applicable proposed or final regulation or
standard issued under the operating permit program or the Clean
Air Act;
(v) Adequate mechanisms for informing small business
stationary sources of their obligations under the operating
permit program and the Clean Air Act, including mechanisms for
referring such sources to qualified auditors or, at the option
of the state, for providing audits of the operations of such
sources to determine compliance with the Clean Air Act;
(vi) Procedures for consideration of requests from a
small business stationary source for modification of:
(A) Any work practice or technological method of
compliance; or
(B) The schedule of milestones for implementing
a work practice or method of compliance preceding any applicable
compliance date, based on the technological and financial
capability of the small business stationary source. No
modification may be granted unless it is in compliance with the
applicable requirements established pursuant to this article,
the Clean Air Act, and the requirements of the operating permit
program.
(d) Except as provided in subsection (e) of this section,
for purposes of this section, "small business stationary source"
means a stationary source that:
(i) Is owned or operated by a person that employs one
hundred (100) or fewer individuals;
(ii) Is a small business concern as defined in the
Small Business Act;
(iii) Is not a major stationary source as defined in
W.S. 35-11-203(a)(i)(A);
(iv) Does not emit fifty (50) tons or more per year
of any regulated pollutant; and
(v) Emits less than seventy-five (75) tons per year
of all regulated pollutants.
(e) Upon petition by a source, the department may, after
notice and opportunity for public comment, include as a small
business stationary source for purposes of this section any
stationary source which does not meet the criteria of paragraph
(d)(iii), (iv) or (v) of this section but which does not emit
more than one hundred (100) tons per year of all regulated
pollutants.
(f) The department, in consultation with the environmental
protection agency and the administrator of the small business
administration and after providing notice and opportunity for
public hearing, may exclude from the small business stationary
source definition under this section any category or subcategory
of sources that the department determines to have sufficient
technical and financial capabilities to meet the requirements of
the Clean Air Act without the application of this section.
35-11-210. Small business assistance program advisory
panel.
(a) There is created a compliance advisory panel
consisting of the following nine (9) members:
(i) Two (2) members, who are not owners, or
representatives of owners, of small business stationary sources,
shall be appointed by the governor to represent the general
public;
(ii) Four (4) members shall be appointed by the
legislature who are owners, or who represent owners of small
business stationary sources. One (1) member each shall be
appointed by the majority and minority leadership of the house
of representatives and one (1) member each shall be appointed by
the majority and minority leadership of the senate;
(iii) One (1) member shall be selected by the
director of the department to represent the department;
(iv) Two (2) members who represent major source
operators in the state of Wyoming, shall be appointed by the
governor.
(b) The panel shall:
(i) Render advisory opinions concerning the
effectiveness of the small business stationary source technical
and environmental compliance assistance program, difficulties
encountered, and degree and severity of enforcement;
(ii) Make periodic reports to the environmental
protection agency required under title V of the Clean Air Act;
(iii) Review information for small business
stationary sources to assure such information is understandable
by the layperson; and
(iv) Have the small business stationary source
technical and environmental compliance assistance program serve
as the secretariat for the development and dissemination of such
reports and advisory opinions.
(c) Except for the initial members the panel members shall
serve four (4) year terms and may be reappointed. The
legislative members appointed from the house of representatives
shall initially serve two (2) year terms. One (1) member
appointed by the governor shall initially serve a three (3) year
term. A vacancy occurs if a member ceases to meet the
qualifications specified in subsection (a) of this section. A
vacancy shall be filled in the same manner as the original
appointment. The panel shall select from its members a chairman.
The panel shall hold at least four (4) regularly scheduled
meetings each year, and may hold special meetings as called by
the chairman. Five (5) members shall constitute a quorum for the
purposes of conducting business, but all decisions must be
approved by a majority of the total membership of the panel.
Each member, except the department representative, shall be
reimbursed for per diem, mileage and expenses for attending
panel meetings in the same manner and amount as state employees.
The department representative shall suffer no loss of wages for
the time devoted to the duties of the panel.
(d) The panel shall be in addition to and operate separate
from the advisory boards created pursuant to W.S. 35-11-113.
35-11-211. Fees.
(a) The department shall implement a permit fee system and
schedule of fees adequate to cover all reasonable direct and
indirect costs of reviewing and acting upon any construction and
modification permits under this article and developing,
implementing and administering the operating permit program
including the small business technical assistance program.
(b) Permit fees shall be assessed against operators of
sources applying for any permit under this article and annually
thereafter for the duration of the permit. The fee for
operating sources shall be based on the emissions of each
regulated pollutant, as defined in section 502(b)(3)(B)(ii) of
the Clean Air Act. The department shall exclude any amount of
regulated pollutant emitted by any source in excess of four
thousand (4,000) tons per year in determining the amount of fee
required for any operating source. A fee shall be assessed upon
applicants for construction and modification permits based on
costs to the department in reviewing and acting upon those
permit applications. The department shall develop a fee
structure subject to the minimum amounts specified in subsection
(j) of this section which equitably assesses the fees based on
emissions for operating sources and projected costs of reviewing
and acting upon construction and modification permits sufficient
to recover the amount reviewed by the joint appropriations
committee and appropriated by the legislature for implementing
the operating permit program. The fee structure and
appropriation shall be based upon measurable goals and approved
by the joint appropriations committee prior to implementation.
The department shall prepare a biennium report for review by the
joint minerals, business and economic development interim
committee by October 31 of the year prior to the Wyoming
legislative budget session. Permit fees shall cover all
reasonable direct and indirect costs including the costs of:
(i) Reviewing and acting upon any permit application
including construction and modification permit applications;
(ii) Implementing and enforcing permits;
(iii) Emissions and ambient monitoring;
(iv) Preparing regulations and guidance;
(v) Modeling analyses and demonstrations;
(vi) Preparing emission and source inventories and
tracking emissions;
(vii) Permit-related functions performed by the
department;
(viii) Development and administration of the state
small business assistance program; and
(ix) Information management activities.
(c) The fees collected by the department pursuant to this
section shall be deposited in a separate account, and shall be
subject to appropriation by the legislature to the department
solely for permitting construction and modification and for the
development and administration of the construction, modification
and operating permit programs.
(d) The department shall give written notice of the amount
of the fee to be assessed and the basis for the assessment to
the operator of the source. The operator may appeal the
assessment to the council within twenty (20) days after receipt
of the written notice. The appeal shall be based only upon the
allegation that the particular assessment is erroneous or
excessive and may not be based upon the entire fee schedule
adopted to fund the permitting programs. The contested case
procedures of the Wyoming Administrative Procedure Act shall
apply to any appeal under this subsection.
(e) If any part of the assessment is not appealed it shall
be paid to the department upon receipt of the written notice.
(f) The department may reduce any fee required under the
operating permit program to take into account the financial
resources of small business stationary sources.
(g) There shall be no double counting of the regulated
emissions for the purpose of fee determination.
(h) Fees under this section, for sources subject to the
operating permit program as enumerated in W.S. 35-11-203(a),
shall not be assessed for tailpipe emissions from any nonroad
vehicle as defined under section 201 of the Clean Air Act.
(j) The department shall charge the following minimum fees
under this section:
(i) Application . . . . . . . . . . . . $500.00;
(ii) In addition to paragraph (i) of this subsection,
review and acting on an application . . $75.00 per hour;
(iii) Relocation of portable sources or facilities
that are authorized to use self issuance permits . . . . . . . .
. . . . . . . . . . . . . . . . . $150.00;
(iv) Relocation of portable sources or facilities not
authorized to use self issuance permits . . . . . . . . . . . .
. . . . . . . . . . . . . . . $300.00.
35-11-212. Effect of other provisions.
(a) Nothing in W.S. 35-11-203 through 35-11-212 shall be
construed as affecting allowances under the allowance program
and phase II compliance schedule under the acid rain provisions
of title IV of the federal Clean Air Act.
(b) Nothing in W.S. 35-11-203 through 35-11-212 shall be
construed as affecting the department's permitting or other
regulation of the construction or modification of sources
pursuant to W.S. 35-11-202 including rules in effect as of April
1, 1992 or subsequently promulgated under W.S. 35-11-202.
35-11-213. Restrictions on state regulations related to
greenhouse gas emissions.
(a) Effective March 31, 1999, neither the department nor
the council shall propose or promulgate any new rule or
regulation intended in whole or in part to reduce emissions as
called for by the Kyoto Protocol, from the residential,
commercial, industrial, electric utility, transportation,
agricultural, energy or mining sectors.
(b) In the absence of a resolution or other act of the
legislature approving same, the director of the department shall
not submit to the United States environmental protection agency
or to any other agency of the federal government any legally
enforceable commitments related to the Kyoto Protocol.
(c) Nothing in this section shall be construed to limit or
to impede state or private participation in any on-going
voluntary initiatives to reduce emissions of greenhouse gases,
including, but not limited to, the United States environmental
protection agency's green lights program, the United States
department of energy's climate challenge program and similar
state and federal initiatives relying on voluntary
participation.
(d) This section shall remain in effect until repealed by
an act of the Wyoming legislature or until ratification of the
Kyoto Protocol by the United States senate and enactment of
federal legislation implementing the Kyoto Protocol.
(e) Notwithstanding the provisions of subsections (a)
through (d) of this section and pursuant to the provisions of
subsections (e) through (k) of this section, the department and
council shall adopt regulations to amend Wyoming's Clean Air Act
state implementation plan and Wyoming's Title V operating permit
program to the extent necessary to obtain state primacy over the
regulation of greenhouse gases for those sources that would
otherwise be subject to federal regulation for greenhouse gases
by the United States environmental protection agency. The
department and council may promulgate new source performance
standards for greenhouse gases that are no more stringent than
federal greenhouse gas new source performance standards.
(f) In no event shall any greenhouse gas emission
regulations, new source performance standards or potential to
emit thresholds promulgated pursuant to subsection (e) of this
section be more stringent than those imposed or required by
federal law. Regulations under subsection (e) of this section
shall only regulate those gases identified by the United States
environmental protection agency as greenhouse gases.
(g) Notwithstanding W.S. 35-11-203(a), the department and
the council are authorized to determine by regulation potential
to emit thresholds for greenhouse gas emissions which are no
more stringent than those imposed or required by federal law.
(h) The department may submit an amended state
implementation plan providing for regulation of greenhouse gases
to the United States environmental protection agency for
approval.
(i) Repealed By Laws 2013, Ch. 39, § 2.
(ii) Repealed By Laws 2013, Ch. 39, § 2.
(j) Subsections (e) through (k) of this section and the
authority granted in subsection (e) of this section to the
department and the council to promulgate and adopt greenhouse
gas regulations and all regulations adopted pursuant to
subsection (e) of this section are repealed upon the occurrence
of any one (1) of the following events:
(i) The United States congress enacts a law
prohibiting the United States environmental protection agency
from regulating greenhouse gases; or
(ii) A federal court issues a final judgment
prohibiting the United States environmental protection agency
from regulating greenhouse gas emissions from stationary
sources.
(k) As used in this section, the term "final judgment"
means a judgment issued by a federal court that is no longer
subject to potential or ongoing appeal to any federal court with
jurisdiction over the court judgment.
(m) The governor shall certify to the secretary of state
the occurrence of any act which repeals subsections (e) through
(k) of this section pursuant to subsection (j) of this section.
The effective date of such repeal of subsections (e) through (k)
of this section shall be the date the governor's certification
is filed with the secretary of state.
(i) Repealed By Laws 2013, Ch. 39, § 2.
(ii) Repealed By Laws 2013, Ch. 39, § 2.
35-11-214. Emission trading programs.
The department through rule and regulation may establish
intrastate, participate in interstate, or establish
intrafacility emissions trading programs. Any trading program
established shall be consistent with the Clean Air Act and
regulations promulgated thereunder, and consistent with ambient
air quality standards.
ARTICLE 3 - WATER QUALITY
35-11-301. Prohibited acts.
(a) No person, except when authorized by a permit issued
pursuant to the provisions of this act, shall:
(i) Cause, threaten or allow the discharge of any
pollution or wastes into the waters of the state;
(ii) Alter the physical, chemical, radiological,
biological or bacteriological properties of any waters of the
state;
(iii) Construct, install, modify or operate any
sewerage system, treatment works, disposal system or other
facility, excluding uranium mill tailing facilities, capable of
causing or contributing to pollution, except that no permit to
operate shall be required for any publicly owned or controlled
sewerage system, treatment works or disposal system;
(iv) Increase the quantity or strength of any
discharge;
(v) Construct, install, modify or operate any public
water supply or construct any subdivision water supply, except
that no permit to operate shall be required for any publicly
owned or controlled public water supply and a permit under this
section shall not be required for subdivision water supplies
consisting of individual wells serving individual lots of a
subdivision.
35-11-302. Administrator's authority to recommend
standards, rules, regulations or permits.
(a) The administrator, after receiving public comment and
after consultation with the advisory board, shall recommend to
the director rules, regulations, standards and permit systems to
promote the purposes of this act. Such rules, regulations,
standards and permit systems shall prescribe:
(i) Water quality standards specifying the maximum
short-term and long-term concentrations of pollution, the
minimum permissible concentrations of dissolved oxygen and other
matter, and the permissible temperatures of the waters of the
state;
(ii) Effluent standards and limitations specifying
the maximum amounts or concentrations of pollution and wastes
which may be discharged into the waters of the state;
(iii) Standards for the issuance of permits for
construction, installation, modification or operation of any
public water supply and sewerage system, subdivision water
supply, treatment works, disposal system or other facility,
capable of causing or contributing to pollution;
(iv) Standards for the definition of technical
competency and the certification of operating personnel for
community water systems and nontransient noncommunity water
systems, sewerage systems, treatment works and disposal systems
and for determining that the operation shall be under the
supervision of certified personnel. Prior to recommending these
standards to the director, the administrator shall consult with
affected municipalities, water and sewer districts, counties and
treatment operators;
(v) Standards for the issuance of permits as
authorized pursuant to section 402(b) of the Federal Water
Pollution Control Act as amended in 1972, and as it may be
hereafter amended;
(vi) In recommending any standards, rules,
regulations, or permits, the administrator and advisory board
shall consider all the facts and circumstances bearing upon the
reasonableness of the pollution involved including:
(A) The character and degree of injury to or
interference with the health and well being of the people,
animals, wildlife, aquatic life and plant life affected;
(B) The social and economic value of the source
of pollution;
(C) The priority of location in the area
involved;
(D) The technical practicability and economic
reasonableness of reducing or eliminating the source of
pollution; and
(E) The effect upon the environment.
(vii) Such reasonable time as may be necessary for
owners and operators of pollution sources to comply with rules,
regulations, standards or permits;
(viii) Financial assurance requirements for plugging,
abandonment, post-closure monitoring, corrective actions and
site reclamation for any class I hazardous waste or nonhazardous
waste underground injection facility or class V coalbed methane
underground injection facility as described in 40 C.F.R. Part
146. Rules, regulations, standards and permit systems
recommended and prescribed under this paragraph shall apply only
to any permit issued, renewed or transferred after July 1, 2018,
under department of environmental quality regulations for a
class I hazardous waste or nonhazardous waste underground
injection facility or class V coalbed methane underground
injection facility;
(ix) Standards for housed facilities where swine are
confined, fed and maintained for a total of forty-five (45)
consecutive days or more in any twelve (12) month period and the
feedlot or facility is designed to confine an equivalent of one
thousand (1,000) or more animal units. If any county adopts a
land use plan or zoning resolution which imposes stricter
requirements than those found in subparagraph (C) of this
paragraph, the county requirements shall prevail. These
standards shall include:
(A) Financial assurance for accidents and
closure requirements for facilities which contain treatment
works;
(B) Waste and manure management plans to prevent
pollution of waters of the state, to minimize odors for public
health concerns, pathogens and vectors capable of transporting
infectious diseases and to specify land application
requirements;
(C) Setback requirements which will restrict the
location and operation of structures housing swine and lagoons
within:
(I) One (1) mile of an occupied dwelling
without the written consent of the owner of the house;
(II) One (1) mile of a public or private
school without the consent of the school's board of trustees or
board of directors;
(III) One (1) mile of the boundaries of any
incorporated municipality without the resolution and consent of
the governing body of the municipality;
(IV) One-quarter (1/4) mile of a water well
permitted for current domestic purposes without the written
consent of the owner of the well;
(V) One-quarter (1/4) of a mile of a
perennial stream unless it is demonstrated to the department
that potential adverse impacts to the water quality of the
stream can be avoided.
(D) Provisions for notice of intent to issue a
permit and opportunity for public comment.
(x) Standards for the determination of capacity
development capabilities to ensure that all new or modified
community water systems and new or modified nontransient
noncommunity water systems commencing operation after October 1,
1999, demonstrate capacity development capabilities and by
October 1, 2001, develop a strategy to assist all community and
noncommunity water systems in acquiring and maintaining capacity
development by adopting procedures governing capacity
development in compliance with section 1420 of the Safe Drinking
Water Act (42 U.S.C. § 300g-9). The department shall have the
authority to require new systems in noncompliance of capacity
development capabilities to take steps to correct inadequacies
or cease water system operations;
(xi) Standards for subdivision applications submitted
to the department under W.S. 18-5-306. The administrator shall
consult with county commissioners and the state engineer's
office in developing standards to recommend to the director.
(b) The administrator, after receiving public comment and
after consultation with the advisory board, shall recommend to
the director rules, regulations and standards to promote the
purposes of this act. The rules, regulations and standards
shall prescribe:
(i) A schedule for the use of credible data in
designating uses of surface water consistent with the
requirements of the Federal Water Pollution Control Act (33
U.S.C. sections 1251 through 1387). The use of credible data
shall include consideration of soils, geology, hydrology,
geomorphology, climate, stream succession and human influence on
the environment. The exception to the use of credible data may
be in instances of ephemeral or intermittent water bodies where
chemical or biological sampling is not practical or feasible;
(ii) The use of credible data in determining water
body's attainment of designated uses. The exception to the use
of credible data may be in instances where numeric standards are
exceeded, or in ephemeral or intermittent water bodies where
chemical or biological sampling is not practical or feasible.
(c) Nothing in this act shall be construed to supersede or
abrogate any valid water right. It is recognized that diversion
of water caused by the exercise of a valid water right is an
allowable practice. The administrator shall:
(i) Develop water quality standards for surface
waters where hydrologic modification resulting from the exercise
of valid water rights precludes the attainment of existing water
quality standards;
(ii) Prepare a schedule to develop appropriate water
quality standards based on the completion of a use attainability
analysis for any waters that have been identified pursuant to 33
U.S.C. § 1315(b) where dams, diversions or other types of
hydrologic modification preclude the attainment of any existing
water quality standard.
35-11-303. Duties of the administrator of water quality
division.
(a) In addition to other duties imposed by law, the
administrator of the water quality division at the direction of
the director:
(i) May conduct on site compliance inspections of all
facilities and works during or following the completion of any
construction, installation or modification for which a permit is
issued under W.S. 35-11-301(a)(iii) or (v); and
(ii) Shall establish as necessary for the efficient
enforcement of this act water quality districts within the state
and provide for a field office to be located within the
boundaries of each district created.
35-11-304. Administrator required to delegate certain
management functions to local governmental entities.
(a) To the extent requested by a municipality, water and
sewer district or county, the administrator of the water quality
division, with the approval of the director, shall delegate to
municipalities, water and sewer districts or counties which
apply the authority to enforce and administer within their
boundaries the provisions of W.S. 35-11-301(a)(iii) and (v),
including the authority to develop necessary rules, regulations,
standards and permit systems and to review and approve
construction plans, conduct inspections and issue permits. Any
authority delegated under this section shall be subject to the
following conditions:
(i) The delegation of authority under this section is
limited to small wastewater facilities, publicly owned or
controlled sewage collection and water distribution facilities
and publicly owned or controlled nondischarging treatment works;
(ii) The delegation of authority under this section
shall be by written agreement signed by the administrator and
the local elected representative empowered to do so;
(iii) The local governmental entity has established
rules, regulations and standards for the issuance of permits
required under W.S. 35-11-301(a)(iii) and (v) which standards
shall be at least as stringent as those promulgated by the state
under W.S. 35-11-302(a)(iii);
(iv) The local governmental entity shall demonstrate
to the administrator that all facilities will be approved by a
registered professional engineer or city or county sanitarian
for small wastewater facilities or other qualified individual
approved by the water quality division administrator, and that
it employs a properly certified waste treatment plant operator
responsible for operation and maintenance of the treatment works
in a manner at least as stringent as the department of
environmental quality would require;
(v) The administrator shall periodically review the
standards and administrative and enforcement programs of each
local governmental entity receiving a delegation of authority
under this section and may with the consent of the director
revoke or temporarily suspend the delegation agreement entered
into with any entity which has failed to perform its delegated
duties or has otherwise violated the terms of its agreement of
delegation.
35-11-305. Repealed by Laws 1985, ch. 141, § 1.
35-11-306. Oil field waste disposal facilities;
restriction.
(a) In addition to any other requirement or restriction
imposed under the Wyoming Environmental Quality Act, no person
shall locate, construct or operate any commercial oil field
waste disposal facility within one (1) mile of any:
(i) Occupied dwelling house without the written
consent of the owner of the dwelling; or
(ii) Public or private school without the consent of
the school's board of trustees or board of directors.
(b) Any person who knowingly locates, constructs or
operates a commercial oil field waste disposal facility in
violation of subsection (a) of this section is subject to the
penalties provided by W.S. 35-11-901. The provisions of
subsection (a) of this section relating to commercial oil field
waste disposal facilities shall be enforced by the water quality
division of the Wyoming department of environmental quality.
(c) As a condition of receiving a permit pursuant to W.S.
35-11-301, any person locating, constructing or operating any
commercial oil field waste disposal facility shall post a bond
as required by this section.
(d) The council, by rules and regulations, shall establish
bonding or financial assurance requirements for commercial oil
field waste disposal facilities to assure there are adequate
sources of funds to provide for:
(i) Cost effective closure, post-closure inspection
and maintenance, and environmental monitoring and control,
including but not limited to:
(A) Removal and disposal of buildings, fences,
roads and other facility developments, and reclamation of
affected lands;
(B) Construction of any waste cover or
containment system required as a condition of any facility
permit;
(C) Removal and off-site treatment or disposal
of any wastes that are being stored or treated;
(D) Decontamination, dismantling and removal of
any waste storage, treatment or disposal equipment or vessels;
(E) Operating any environmental monitoring
systems or pollution control systems that are required as a
condition of any facility permit or by order of the director;
and
(F) Conducting periodic post-closure inspections
of cover systems, surface water diversion structures, monitor
wells or systems, pollutant detection and control systems, and
performing maintenance activities to correct deficiencies that
are discovered.
(ii) The estimated costs of remedying or abating, in
a cost effective manner, the violation or damages caused by the
violation in the event of any discharge of pollution to the air,
land or to waters of the state which is in violation of a
permit, standard, rule or requirement established under the
provisions of this act.
(e) The bond established under subsection (d)(i) of this
section shall be available during the operating life of the
commercial oil field waste disposal facility to abate or remedy
any violation of a permit, standard, rule or requirement
established under the provisions of this act.
(f) The amount of any bond or financial assurance
requirement shall be established by the director in accordance
with procedures contained in rules and regulations of the
council, but shall not be less than an amount sufficient to
satisfy the purposes specified in subsection (d) of this
section.
(g) The council shall provide rules for the establishment
of a self-bonding program to be used if such a program will
provide protection consistent with the objectives and purposes
of article 3 of the act. In any such program, rules of the
council shall provide for a timely reappraisal of pledged
assets, require evidence of a suitable agent to receive service
of process, assure that pledged assets are not already pledged
for other projects, provide that pledged assets reside
continuously in the state of Wyoming and provide for
determination of the suitability of pledged assets.
(h) In lieu of a bond, the facility operator may deposit
federally insured certificates of deposit payable to the Wyoming
department of environmental quality, cash or government
securities, or all three (3).
(j) Any bond may be cancelled by the surety only after
ninety (90) days written notice to the director, and upon
receipt of the director's written consent, which may be granted
only when the requirements of the bond have been fulfilled.
(k) If the license to do business in Wyoming of any surety
upon a bond filed pursuant to this act is suspended or revoked
by any state authority then the facility operator, within thirty
(30) days after receiving notice thereof, shall substitute a
good and sufficient corporate surety licensed to do business in
the state. Upon failure of the facility operator to make
substitution of surety within a reasonable period of time, not
to exceed sixty (60) days, the director shall suspend the
facility permit to accept oil field wastes until proper
substitution has been made.
(m) Bond forfeiture proceedings shall occur only after the
department provides notice to the operator and surety pursuant
to W.S. 35-11-701 that a violation exists and the council has
approved the request of the director to begin forfeiture
proceedings.
(n) With the approval of the council the director may:
(i) Expend forfeited funds to remedy and abate the
circumstances with respect to which the bond was provided; and
(ii) Expend funds from the account under W.S.
35-11-424 to remedy and abate any immediate danger to human
health, safety and welfare.
(o) If the forfeited bond or other financial assurance
instrument is inadequate to cover the costs to carry out the
activities specified in subsection (d) of this section, or in
any case where the department has expended account monies under
subsection (n) of this section, the attorney general shall bring
suit to recover the cost of performing the activities where
recovery is deemed possible.
(p) When the director determines that the violation has
been remedied or the damage abated, the director shall release
that portion of the bond or financial assurance instrument being
held under paragraph (d)(ii) of this section. When the director
determines that closure activities have been successfully
completed at any commercial oil field waste disposal facility,
the director shall release that portion of the bond or financial
assurance instrument being held to guarantee performance of
activities specified in subparagraphs (d)(i)(A) through (E) of
this section. The remaining portion of the bond or financial
assurance instrument shall be held for a period of not less than
five (5) years after the date of facility closure, or so long
thereafter as necessary to assure proper performance of any
post-closure activities specified in subparagraph (d)(i)(F) of
this section. The retained portion of the bond or other
financial assurance instrument may be returned to the facility
operator at an earlier date if the director determines that the
facility has been adequately stabilized and that environmental
monitoring or control systems have demonstrated that the
facility closure is protective of public health and the
environment consistent with the purposes of this act.
35-11-307. Commercial waste treatment, storage and
disposal facilities.
(a) In addition to any other requirement or restriction
imposed under the Wyoming Environmental Quality Act, commercial
waste treatment, storage and disposal facilities used for the
management of more than ten (10) tons of dried wastewater
treatment sludges or the equivalent thereto per operating day,
are subject to the location restrictions and bond requirements
provided for commercial oil field waste disposal facilities
under W.S. 35-11-306.
(b) Any person who locates, constructs or operates a
commercial waste treatment, storage and disposal facility in
violation of the location restrictions provided by subsection
(a) of this section and W.S. 35-11-306(a) is subject to the
penalties provided by W.S. 35-11-901. This subsection shall be
enforced by the water quality division of the department of
environmental quality.
(c) The environmental quality council shall promulgate
rules and regulations necessary to carry out this section
including rules establishing bonding and financial assurance
requirements in conformance with W.S. 35-11-306(d) through (p).
(d) This section shall not apply to publicly owned waste
treatment, storage and disposal facilities.
35-11-308. Short title.
This act, W.S. 35-11-308 through 35-11-311, may be known and
shall be cited as the "Wyoming Wetlands Act".
35-11-309. Legislative policy and intent.
(a) The legislature declares that all water, including
collections of still water and waters associated with wetlands
within the borders of this state are property of the state. The
legislature further declares that water is one of Wyoming's most
important natural resources, and the protection, development and
management of Wyoming's water resources is essential for the
long-term public health, safety, general welfare and economic
security of Wyoming and its citizens.
(b) The legislature finds that agriculture, energy
development, mining, highway construction and timbering are
important industries in this state and that industrial concerns
must be accommodated in the protection of wetlands. Wetlands
can have an impact on industry practices. Even though property
taxes are generally paid on such lands, wetlands provide limited
economic return to the landowner. Wetland policies can obstruct
water development projects and water management projects for
private industry as well as public entities and can affect other
developments.
(c) The legislature finds that wetlands are considered
important for a variety of reasons. Wetlands provide the habitat
base for the production and maintenance of waterfowl and are
sometimes critical to the survival of endangered plants and
animals. Wetlands also serve to moderate water flow and have
value as natural flood control mechanisms, can aid in water
purification by trapping, filtering and storing sediment and
other pollutants and by recycling nutrients, and can serve as
groundwater recharge and discharge areas. Wetlands also function
as nursery areas for numerous aquatic animal species and are
habitat for a wide variety of plant and animal species, and
provide vital habitat for resident wildlife. Wetlands also can
provide scientific, aesthetic and recreational benefits. The
legislature therefore concludes that wetlands and values
associated therewith deserve to be effectively managed,
protected and preserved.
(d) The legislature recognizes that significant
differences exist in Wyoming between naturally occurring
wetlands and those wetlands that result from human activities.
Because portions of Wyoming are arid or semiarid, water was
diverted from streams and rivers for irrigating cropland,
resulting in the creation of wetlands. These wetlands have
partially compensated for wetlands losses. Additionally, road
and highway construction, petroleum industry operations and
other human activities have created wetlands where none
previously existed. While these man-made wetlands are equally
as important as naturally occurring wetlands, having the same
characteristics and providing the same values and functions,
management flexibility is required to acknowledge their
different origins and to protect the property rights of
landowners and water right holders.
(e) In view of the legislative findings and conclusions of
the importance of wetlands, water development and management,
and industry in Wyoming it is hereby declared to be the wetlands
policy of this state that water management and development and
wetland preservation activities should be balanced to protect
and accommodate private property, industry, water and wetland
interests and objectives.
35-11-310. Notice to drain waters required; exception.
(a) Except as provided in subsection (b) of this section,
after July 1, 1996, no person shall drain water from a naturally
occurring or man-made wetland, or any series thereof, which has
an area comprising five (5) acres or more, without first
notifying the department that the water which will be drained
from the wetland, or any series thereof, will not flood or
adversely affect downstream lands. Notification shall include
the size and location of the wetland, and whether the wetland is
natural or man-made.
(b) Subsections (a) and (c) of this section do not apply
to disturbances of wetlands resulting from mining operations
conducted pursuant to mining permits issued by the department of
environmental quality.
(c) Any person draining, or causing to be drained, water
of a naturally occurring wetland, or any series thereof, which
has an area comprising five (5) acres or more, without first
notifying the department as required by subsection (a) of this
section, shall not be eligible to participate in the mitigation
credit banking system as provided by W.S. 35-11-311. Failure to
notify the department pursuant to this section does not
constitute a violation for purposes of W.S. 35-11-901.
35-11-311. Mitigation; guidelines.
(a) The department, after consultation with the Wyoming
department of agriculture, state engineer, game and fish
department, Wyoming water development commission and the
department of transportation, shall adopt guidelines for
evaluating ecological function and values and for establishing
and administering a mitigation credit banking system for
compensatory mitigation. The guidelines shall, at a minimum,
provide for:
(i) Criteria under which mitigation credits may be
earned, with credit to be recognized for man-made wetlands
created after July 1, 1991;
(ii) Geographical and other appropriate limitations
for the application of mitigation bank credits;
(iii) Criteria for the use, banking or sale of banked
credits;
(iv) The approval by the department for the earning,
using, banking, transfer or selling of mitigation bank credits;
and
(v) Requirements for the maintenance and submission
by the department of records concerning ecological function and
wetland value losses, and credit and debit accounts for each
mitigation bank.
35-11-312. Fees.
(a) The department shall implement a surface water point
source discharge permit fee system for each permit issued
pursuant to W.S. 35-11-302(a)(v). The department shall assess an
annual permit fee of two hundred dollars ($200.00) for each
Wyoming pollution discharge elimination system permit and for
each permit authorization held by any person under W.S. 35-11-
301. All payment of permit fees shall be received prior to
processing and issuance of the permit. Permit fees shall not be
prorated and are nonrefundable upon permit modification,
termination or expiration. The department shall prepare a
biennium report on the fee system for review by the joint
minerals, business and economic development interim committee by
October 31 of the year prior to the Wyoming legislative budget
session.
(b) The fees collected by the department pursuant to this
section shall be deposited in a separate account, and shall be
subject to appropriation by the legislature to the department to
be used for costs associated with:
(i) Surface water quality monitoring and analysis;
(ii) Surface water quality modeling analysis and
demonstrations;
(iii) Other nonoperating costs associated with
surface water discharges.
(c) The revenue generated by this section shall not be
used for operational costs associated with permit processing.
35-11-313. Carbon sequestration; permit requirements.
(a) The geologic sequestration of carbon dioxide is
prohibited unless authorized by a permit issued by the
department.
(b) The injection of carbon dioxide for purposes of a
project for enhanced recovery of oil or other minerals approved
by the Wyoming oil and gas conservation commission shall not be
subject to the provisions of this chapter.
(c) If an oil and gas operator converts to geologic
sequestration upon the cessation of oil and gas recovery
operations, or injects carbon dioxide for the primary purpose of
long term storage that results in an increased risk to an
underground source of drinking water as compared to enhanced oil
recovery operations, then regulation of the geologic
sequestration facility and the geologic sequestration site shall
be transferred to the department. If the oil and gas operator
does not convert to geologic sequestration, the wells shall be
plugged and abandoned according to the rules of the Wyoming oil
and gas conservation commission. When determining whether an
oil and gas recovery operation is injecting carbon dioxide for
the primary purpose of long term storage that results in an
increased risk to an underground source of drinking water as
compared to enhanced oil recovery operations, the director shall
consider the findings and recommendations of the supervisor of
the Wyoming oil and gas conservation commission. The supervisor
shall make his determination following a hearing of the oil and
gas conservation commission examiners held under the
commission's rules and regulations promulgated under Title 30,
Chapter 5 of the Wyoming statutes. The supervisor shall provide
the operator and director with notice of the supervisor's
findings and recommendations under this subsection and an
opportunity for a public hearing before the Wyoming oil and gas
conservation commission. Within fifteen (15) days of receiving
notice as provided in this subsection, the operator may request
a hearing before the Wyoming oil and gas conservation
commission. If both a change in primary purpose to long term
storage and an increased risk to an underground source of
drinking water as compared to enhanced oil recovery operations
are found to have occurred, the commission shall recommend
transfer of regulation of the operation to the department.
(d) Temporary time limited permits for pilot scale testing
of technologies for geologic sequestration shall be issued by
the department based upon current rules and regulations.
(e) Permit requirements for geologic sequestration of
carbon dioxide shall be as defined by department rules. The
injector of the carbon dioxide shall apply for any permit
required under this section.
(f) The administrator of the water quality division of the
department of environmental quality, after receiving public
comment and after consultation with the state geologist, the
Wyoming oil and gas conservation commission and the advisory
board created under this act, shall recommend to the director
rules, regulations and standards for:
(i) The creation of subclasses of wells within the
existing Underground Injection Control (UIC) program
administered by the United States Environmental Protection
Agency under Part C of the Safe Drinking Water Act to protect
human health, safety and the environment and allow for the
permitting of the geologic sequestration of carbon dioxide;
(ii) Requirements for the content of applications for
geologic sequestration permits. Such applications shall
include:
(A) A description of the general geology of the
area to be affected by the injection of carbon dioxide including
geochemistry, structure and faulting, fracturing and seals,
stratigraphy and lithology including petrophysical attributes;
(B) A characterization of the injection zone and
aquifers above and below the injection zone which may be
affected including applicable pressure and fluid chemistry data
to describe the projected effects of injection activities;
(C) The identification of all other drill holes
and operating wells that exist within and adjacent to the
proposed sequestration site;
(D) An assessment of the impact to fluid
resources, on subsurface structures and the surface of lands
that may reasonably be expected to be impacted and the measures
required to mitigate such impacts;
(E) Plans and procedures for environmental
surveillance and excursion detection, prevention and control
programs. For purposes of this section, "excursion" shall mean
the detection of migrating carbon dioxide at or beyond the
boundary of the geologic sequestration site;
(F) A site and facilities description, including
a description of the proposed geologic sequestration facilities
and documentation sufficient to demonstrate that the applicant
has all legal rights, including but not limited to the right to
surface use, necessary to sequester carbon dioxide and
associated constituents into the proposed geologic sequestration
site. The department may issue a permit authorizing:
(I) Construction of an injection well on
lands for which the applicant has demonstrated all legal rights
specified by this subsection;
(II) Geologic sequestration, contingent on
obtaining a unitization order, if required, pursuant to W.S. 35-
11-314 through 35-11-320.
(G) Proof that the proposed injection wells are
designed at a minimum to the construction standards set forth by
the department and the Wyoming oil and gas conservation
commission;
(H) A plan for periodic mechanical integrity
testing of all wells;
(J) A monitoring plan to assess the migration of
the injected carbon dioxide and to insure the retention of the
carbon dioxide in the geologic sequestration site;
(K) Proof of bonding or financial assurance to
ensure that geologic sequestration sites and facilities will be
constructed, operated and closed in accordance with the purposes
and provisions of this act and the rules and regulations
promulgated pursuant to this act;
(M) A detailed plan for post-closure monitoring,
verification, maintenance and mitigation;
(N) Proof of notice to surface owners, mineral
claimants, mineral owners, lessees and other owners of record of
subsurface interests as to the contents of such notice. Notice
requirements shall at a minimum require:
(I) The publishing of notice of the
application in a newspaper of general circulation in each county
of the proposed operation at weekly intervals for four (4)
consecutive weeks;
(II) A copy of the notice shall also be
mailed to all surface owners, mineral claimants, mineral owners,
lessees and other owners of record of subsurface interests which
are located within one (1) mile of the proposed boundary of the
geologic sequestration site.
(O) A certificate issued by an insurance company
authorized to do business in the United States certifying that
the applicant has a public liability insurance policy in force
for the geologic sequestration operations for which the permit
is sought, or evidence that the applicant has satisfied other
state or federal self insurance requirements. The policy shall
provide for personal injury and property damage protection in an
amount and for a duration as established by regulations.
(iii) Requirements for the operator to provide
immediate verbal notice to the department of any excursion after
the excursion is discovered, followed by written notice to all
surface owners, mineral claimants, mineral owners, lessees and
other owners of record of subsurface interests within thirty
(30) days of when the excursion is discovered;
(iv) Procedures for the termination or modification
of any applicable Underground Injection Control (UIC) permit
issued under Part C of the Safe Drinking Water Act if an
excursion cannot be controlled or mitigated;
(v) Such other conditions and requirements as
necessary to carry out this section;
(vi) Requirements for bonding and financial assurance
for geologic sequestration facilities and geologic sequestration
sites including:
(A) Procedures to establish the type and amount
of the bond or financial assurance instrument to assure that the
operator faithfully performs all requirements of this chapter,
complies with all rules and regulations and provides adequate
financial resources to pay for mitigation or reclamation costs
that the state may incur as a result of any default by the
permit holder, provided that, any insurance instruments
submitted for financial assurance purposes shall include the
state of Wyoming as an additional insured, which inclusion shall
not be deemed a waiver of sovereign immunity;
(B) Annual or other periodic reporting by the
permittee during geologic sequestration and reclamation
activities to allow the administrator to confirm or adjust the
amount or type of the bond or other financial assurance
requirements consistent with the site, facility and operation
specific risks and conditions;
(C) Procedures to require proof of compliance
from any permittee ordered by the administrator to adjust a bond
or other financial assurance, including procedures for permit
suspension or termination procedures following notice and an
opportunity for a hearing if adequate bonding or financial
assurance cannot be demonstrated;
(D) Procedures for replacement of a bond or
financial assurance instrument if notice of cancellation is
provided or notice that the license to do business in Wyoming of
the surety or insurance company issuing a bond or other
financial assurance pursuant to this chapter is suspended or
revoked;
(E) Procedures for the director to forfeit the
bond or to make a claim against any insurance instrument
providing financial assurance, including the right of the
attorney general to bring suit to recover costs if the bond or
financial assurance is inadequate, to pay for closure,
mitigation, reclamation, measurement, monitoring, verification
and pollution control, where recovery is deemed possible;
(F) Procedures, including public notice and a
public hearing if requested, for the release of bonds or the
termination of insurance instruments not less than ten (10)
years after the date when all wells excluding monitoring wells
have been appropriately plugged and abandoned, all subsurface
operations and activities have ceased and all surface equipment
and improvements have been removed or appropriately abandoned,
or so long thereafter as necessary to obtain a completion and
release certificate from the administrator certifying that plume
stabilization as defined by rule has been achieved without the
use of control equipment based on a minimum of three (3)
consecutive years of monitoring data, and that the operator has
completed site reclamation and all required monitoring and
remediation sufficient to show that the carbon dioxide injected
into the geologic sequestration site will not harm or present a
risk to human health, safety or the environment, including
drinking water supplies, consistent with the purposes of this
chapter and the rules and regulations adopted by the council;
(G) Requirements for the operator to record an
affidavit in the office of the county clerk of the county or
counties in which a geologic sequestration site is located,
which affidavit shall be reasonably calculated to alert a person
researching the title of a particular tract that such tract is
underlain by a site permitted for geologic sequestration.
(vii) Requirements for fees to be paid by all
permittees of geologic sequestration sites and facilities, which
may include a per ton injection fee or a closure fee, during the
period of injection of carbon dioxide and associated
constituents into subsurface geologic formations in Wyoming,
which fees shall be deposited in the geologic sequestration
special revenue account created by W.S. 35-11-320 for use as
provided therein.
(g) Repealed By Laws 2010, Ch. 52, § 3.
(h) At the time a permit application is filed, an
applicant shall pay a fee to be determined by the director based
upon the estimated costs of reviewing, evaluating, processing,
serving notice of an application and holding any hearings. The
fee shall be credited to a separate account and shall be used by
the division as required to complete the tasks necessary to
process, publish and reach a decision on the permit application.
Unused fees shall be returned to the applicant.
(j) The director shall recommend to the council any
changes that may be required to provide consistency and
equivalency between the rules or regulations promulgated under
this section and any promulgated for the regulation of carbon
dioxide sequestration by the United States environmental
protection agency.
(k) The Wyoming oil and gas conservation commission shall
have jurisdiction over any subsequent extraction of sequestered
carbon dioxide that is intended for commercial or industrial
purposes.
(m) Nothing in this section shall be construed to create
any liability by the state for failure to comply with this
section.
(n) Upon issuing a permit, the department shall issue a
certificate that includes a statement that the permit has been
issued, a description of the area covered by the permit and any
other information that the department deems appropriate. The
injector shall file a copy of the certificate with the county
clerk in the county or counties where the geologic sequestration
site is located.
(o) The provisions of W.S. 35-11-318 and 35-11-319 shall
apply to any certificate for sequestration of carbon dioxide
under this section and to any unitization of geologic
sequestration sites under W.S. 35-11-314 through 35-11-317.
35-11-314. Unitization of geologic sequestration sites;
purposes; definitions.
(a) The purpose of W.S. 35-11-314 through 35-11-319 is
declared by the Wyoming legislature to be the protection of
corresponding rights, compliance with underground injection
control class VI well and other environmental requirements, to
facilitate the use and production of Wyoming energy resources
and to facilitate the utilization of pore space for geologic
sequestration.
(b) Except when context otherwise requires or when
otherwise defined in this subsection, the terms used or defined
in W.S. 35-11-103, shall have the same meaning when used in W.S.
35-11-314 through 35-11-320. When used in W.S. 35-11-314
through 35-11-320:
(i) "Corresponding rights" means the right of all
pore space owners in a unit area who will be affected by unit
operations, either now or in the future, to concurrently share
in the economic benefits generated by using the pore space in
the unit area;
(ii) "Economic benefits" means the equitable
proportionate share of all financial proceeds due to the pore
space owners in a unit area based upon each individual pore
space owner's contribution of pore space storage capacity to a
unit area;
(iii) "Unit area" means the pore space lying within
the geologic formation proposed to be operated and may include
the area of geologic sequestration for one (1) or more injection
wells.
35-11-315. Unitization of geologic sequestration sites;
agreements; application for permit; contents.
(a) Any interested person may file an application with the
Wyoming oil and gas conservation commission requesting an order
providing for the operation and organization of a unit of one
(1) or more parts as a geologic sequestration site and for the
pooling of interests in pore space in the proposed unit area for
the purpose of conducting the unit operation. The application
shall contain:
(i) A copy of any draft permit or permit issued by
the department allowing geologic sequestration or any
application for such permit;
(ii) A description of the pore space proposed to be
included in the unit area and the corresponding surface lands;
(iii) The names, as disclosed by the conveyance
records of the county or counties in which the proposed unit
area is situated, and, if federal pore space is proposed to be
included in the unit area, the status records of the district
office of the bureau of land management of:
(A) All persons owning or having an interest in
the surface estate or pore space estate in the unit area,
including mortgages and the owners of other liens or
encumbrances; and
(B) All owners of the surface estate or pore
space estate not included within but that are located not
greater than one-half (1/2) mile from a boundary of the proposed
unit area.
(iv) The addresses of all persons and owners
identified in subparagraphs (iii)(A) and (B) of this subsection,
if known. If the name or address of any person or owner is
unknown, the application shall so indicate;
(v) A statement of the type of operations
contemplated in order to effectuate the purposes specified in
W.S. 35-11-314 to comply with underground injection control
class VI well and other environmental requirements, to
facilitate the use and production of Wyoming energy resources or
to utilize pore space for geologic sequestration;
(vi) A proposed plan of unitization applicable to the
proposed unit area which the applicant considers fair,
reasonable and equitable and which shall include provisions for
determining the pore space to be included within the unit area,
the appointment of a unit operator and the time when the plan is
to become effective;
(vii) A proposed plan for determining the quantity of
pore space storage capacity to be assigned to each separately
owned tract within the unit area and the formula or method by
which each separately owned tract will be allocated the economic
benefits generated by use of pore space in the unit area;
(viii) A proposed plan for providing for economic
benefits for the use of pore space within the unit area;
(ix) A proposed operating plan providing the manner
in which the unit area will be supervised and managed and, if
applicable, costs allocated and paid, unless all owners within
the proposed unit area have joined in executing an operating
agreement or plan providing for such supervision, management and
allocation and, if applicable, payment of costs. All operating
plans shall comply with all applicable underground injection
control class VI well and other environmental requirements;
(x) The location of any identified and existing
wells, whether previously plugged or not, that may require
evaluation monitoring or corrective action as part of the
proposed geologic sequestration in the unit area.
35-11-316. Unitization of geologic sequestration sites;
hearings on application, order; modifications.
(a) Upon receipt of an application under W.S. 35-11-315,
the Wyoming oil and gas conservation commission shall promptly
set the matter for hearing, and in addition to any notice
otherwise required by law or the commission's rules, shall cause
the applicant to give notice of the hearing, specifying the time
and place of hearing, and describing briefly its purpose and the
land and pore space affected, to be mailed by certified mail at
least thirty (30) days prior to the hearing to all persons whose
names and addresses are required to be listed in the
application.
(b) After considering the application and hearing the
evidence offered in connection therewith, the Wyoming oil and
gas conservation commission shall enter an order setting forth
the following findings and approving the proposed plan of
unitization and proposed operating plan, if any, if the
commission finds that:
(i) The material allegations of the application are
substantially true;
(ii) The purposes specified in W.S. 35-11-314 will be
served by granting the application;
(iii) The application outlines operations that will
comply with applicable underground injection control class VI
well permits, draft permits or any applications for permits and
any other environmental requirements. The commission may rely on
a class VI well permit issued by the department to make the
findings required by this paragraph;
(iv) Granting the application will facilitate the use
and production of Wyoming energy resources or will utilize pore
space for geologic sequestration;
(v) The quantity of pore space storage capacity, and
method used to determine the quantity of pore space storage
capacity allocated to each separately owned tract within the
unit area represents, so far as can be practically determined,
each tract's actual share of the pore space included within the
unit area;
(vi) The method for the allocation of economic
benefits provided by the use of pore space within the unit area
between pore space owners; and between pore space owners and the
unit operator or others is fair and reasonable. For purposes of
this paragraph, federal injection fees, federal lease payments
and other consideration derived from federal leases shall not be
considered;
(vii) The method for providing for economic benefits
from the use of pore space in the unit area is fair and
equitable and is reasonably designed to maximize the use of the
pore space;
(viii) Other requirements specified by rules or
regulations adopted by the oil and gas conservation commission
have been met.
(c) No order of the Wyoming oil and gas conservation
commission authorizing the commencement of unit operations shall
become effective until the plan of unitization has been signed
or in writing ratified or approved by those persons who own at
least eighty percent (80%) of the pore space storage capacity
within the unit area. If such consent has not been obtained at
the time the commission's order is made, the commission shall,
upon application, hold supplemental hearings and make findings
as may be required to determine when and if the consent will be
obtained. The commission shall require the applicant to give
notice of a supplemental hearing by regular mail at least thirty
(30) days prior to the hearing to each person owning interests
in the pore space in the proposed unit area whose name and
address was required by W.S. 35-11-315(a) to be listed in the
application for the unit operations. If the required percentages
of consent have not been obtained within a period of six (6)
months from and after the date on which the order of approval is
made, the order shall be ineffective and revoked by the
commission, unless, for good cause shown, the commission extends
that time. Any interested person may file an application with
the Wyoming oil and gas conservation commission requesting an
order applicable only to the proposed unit area described in the
application which shall provide for the percentage of approval
or ratification to be reduced from eighty percent (80%) to
seventy-five percent (75%). The application shall contain the
information required by W.S. 35-11-315(a) and any order of the
commission entered pursuant to the application shall comply with
subsection (b) of this section. Notice of the hearing on the
application shall be given in the same manner and to the same
persons as required by subsection (a) of this section. If the
commission finds that negotiations were being conducted since
July 1, 2009, or have been conducted for a period of at least
nine (9) months prior to the filing of the application, that the
applicant has participated in the negotiations diligently and in
good faith, and that the percentage of approval or ratification
required by this subsection cannot be obtained, the commission
may reduce any percentage of approval or ratification required
by this section from eighty percent (80%) to seventy-five
percent (75%). The order shall affect only the unit area
described in the application and shall operate only to approve
the proposed plan of unitization and proposed operating plan and
to reduce the required percentage of approval or ratification
thereof and shall not change any other requirement contained in
this section.
(d) From and after the effective date of an order of the
Wyoming oil and gas conservation commission entered under the
provisions of this section, the operation of the unit area
defined in the order by persons other than the unit operator or
persons acting under the unit operator's authority, or except in
the manner and to the extent provided in the plan of unitization
approved by the order, shall be unlawful and is hereby
prohibited.
(e) Unless otherwise provided in this section, an order
entered by the Wyoming oil and gas conservation commission under
this section may be amended in the same manner and subject to
the same conditions as an original order or previous agreement:
provided, no amendatory order shall change the assignments of
pore space storage capacity between existing pore space owners
in the unit area as established by the original order or
previous agreement, except with the written consent of those
persons who own at least eighty percent (80%) of the pore space
storage capacity in the unit area, nor change any allocation of
costs as established by the original order or previous
agreement, except with the written consent of those persons who
own at least eighty percent (80%) of the unit pore space storage
capacity. If consent has not been obtained at the time the
commission order is made, the commission shall, upon
application, hold supplemental hearings and make findings as may
be required to determine when and if such consent will be
obtained. The commission shall require the applicant to give
notice of a supplemental hearing by regular mail at least thirty
(30) days prior to the hearing to each person owning interests
in the unit area whose name and address was required by the
provisions of W.S. 35-11-315(a)(iii) to be listed in the
application for the unit operations. If the required
percentages of consent have not been obtained within a period of
six (6) months from and after the date on which the order of
approval is made, the order shall be ineffective and revoked by
the commission, unless, for good cause shown, the commission
extends that time. Any interested person may file an
application with the Wyoming oil and gas conservation commission
requesting an order applicable only to the unit area described
in the application which shall provide for the percentage of
approval or ratification to be reduced from eighty percent (80%)
to seventy-five percent (75%). The application shall contain the
information required by W.S. 35-11-315(a) and any order of the
commission entered pursuant to the application shall comply with
subsection (b) of this section. Notice of the hearing on the
application shall be given in the same manner and to the same
persons as required by subsection (a) of this section. If the
commission finds that negotiations were being conducted since
July 1, 2009 or have been conducted for a period of at least
nine (9) months prior to the filing of the application, that the
applicant has participated in the negotiations diligently and in
good faith, and that the percentage of approval or ratification
required by this subsection cannot be obtained, the commission
may reduce any percentage of approval or ratification required
by this section from eighty percent (80%) to seventy-five
percent (75%). The order shall affect only the unit area
described in the application and operate only to reduce the
required percentage of approval or ratification necessary for
amending the assignment of pore space and shall not change any
other requirement contained in this section.
(f) The Wyoming oil and gas conservation commission, upon
its own motion or upon application, and with notice and hearing,
may modify its order regarding the operation, size or other
characteristic of the unit area in order to prevent or assist in
preventing a substantial inequity resulting from operation of
the unit, provided that no such modification may amend any
permit issued under W.S. 35-11-313.
(g) Any owner of pore space within a geologic
sequestration site who has not been included within a
unitization application or order authorizing a unit under this
section, may petition for inclusion in the unit area. The
petition shall be filed with the Wyoming oil and gas
conservation commission and shall describe the petitioner's
legal entitlement to the pore space, the location of the pore
space, whether the pore space is included within any permitting
area applicable to the unit area and the bases for inclusion in
the unit area. The petition shall be accompanied by a deposit
of money sufficient to pay all costs of the inclusion
proceedings. The commission shall require the petitioner to
provide notice of the filing of the petition to all persons
specified in the application for the unit area under W.S. 35-11-
315(a). The notice required under this subsection shall state
the filing of the petition, the name of the petitioner, the
location of the pore space, the action sought by the petitioner
and any other information required by rule of the commission.
Upon receipt of the petition and the provision of notice by the
petitioner, the commission shall publish notice of a hearing,
which shall describe how all persons specified in an application
submitted under W.S. 35-11-315(a) may appear at a specified time
and place and show cause, in writing or as otherwise provided by
rules of the commission, why the petition should not be granted.
The commission at the time and place mentioned in the notice
shall proceed to hear the petition and all objections thereto
and shall thereafter grant or deny the petition. The filing of
the petition shall be deemed and taken as an assent by each and
all petitioners to the inclusion in the unit of the pore space
mentioned in the petition or any part thereof. If the petition
is granted, the petitioner shall be considered to have been a
member of the unit since its inception and, upon the payment of
any costs paid by unit members, shall be entitled to a
proportionate share of all economic benefits received by unit
members since the inception of the unit provided that no unit
modification affects any permit issued under W.S. 35-11-313.
The oil and gas conservation commission shall adopt rules or
orders providing for the fair and equitable determination of
pore space storage capacity for each successful petitioner and
the means by which successful petitioners shall be paid the
economic benefits to which they are entitled under this
subsection, including, if necessary, a reallocation of economic
benefits among unit members.
(h) A certified copy of any order of the Wyoming oil and
gas conservation commission entered under the provisions of this
section shall be entitled to be recorded in the land records of
the county clerk for the counties where all or any portion of
the unit area is located, and the recordation shall constitute
notice thereof to all persons.
(j) No provision of W.S. 35-11-314 through 35-11-319 shall
be construed to confer on any person the right of eminent domain
and no order for unitization issued under this section shall act
so as to grant to any person the right of eminent domain.
(k) No order for unitization issued under this section
shall:
(i) Act so as to grant any person a right of use or
access to a surface estate if that person would not otherwise
have such a right;
(ii) Diminish, impair or otherwise alter the
dominance of the mineral estate over the surface estate and pore
space interests;
(iii) Prohibit a mineral interest owner from
developing the owner's minerals above or below the unit area.
(m) Orders for unitization issued under this section may
accommodate and provide for the use of horizontal or directional
wells that may penetrate the pore space of separate pore space
estates for geologic sequestration purposes within the unit
area.
35-11-317. Unitization of geologic sequestration sites;
economic benefits; liens.
(a) No order of the Wyoming oil and gas conservation
commission or other contract relating to a separately owned
tract within the unit area shall be terminated by the order
providing for unit operations, but shall remain in force and
apply to that tract, its benefits, burdens and obligations,
until terminated in accordance with the provisions thereof.
(b) Except to the extent that the parties affected agree,
no order providing for unit operations shall be construed to
result in a transfer of all or any part of the title to pore
space or other rights in any tract in the unit area and no
agreement or order shall operate to violate the terms and
requirements of any permit applicable to pore space within the
unit area.
35-11-318. Title to sequestered and injected carbon
dioxide; definitions.
35-11-318. Geologic sequestration special revenue account.
(a) Geologic sequestration special revenue account.
(a) As used in this section and in W.S. 35-11-319,
"injector" means a person applying for or holding a permit or
certificate for geologic sequestration of carbon dioxide under
W.S. 35-11-313.
(b) An injector shall:
(b) Geologic sequestration special revenue account.
(i) Geologic sequestration special revenue account.
(i) Have title to any carbon dioxide the injector
injects into and stores underground or within a unit area;
(ii) Hold title for any injected or stored carbon
dioxide until the department issues a certificate of project
completion as specified in W.S. 35-11-319.
(ii) Geologic sequestration special revenue account.
(c) Geologic sequestration special revenue account.
(c) During any time the injector holds title to carbon
dioxide under this section, the injector shall be liable for any
damage the injected or stored carbon dioxide may cause,
including damage caused by carbon dioxide that escapes or is
released from where it is being stored underground.
(d) Geologic sequestration special revenue account.
35-11-319. Certificate of project completion; release;
transfer of title and custody.
(a) After all carbon dioxide injections underground or
into pore space are completed as provided by a permit issued
under W.S. 35-11-313 and upon application by the injector
holding title to the carbon dioxide under W.S. 35-11-318, the
department may issue a certificate of project completion. The
department shall only issue a certificate upon satisfaction of
the conditions imposed under subsections (b), (c) and (d) of
this section and after providing public notice of the
application, an opportunity for public comment and a public
hearing on the application.
(b) A certificate of project completion shall not be
issued until at least twenty (20) years after carbon dioxide
injections end.
(c) A certificate of project completion shall not be
issued until the injector with title to the carbon dioxide
establishes to the satisfaction of the department that:
(i) The injector is in full compliance with all laws
governing the injection and storage of the carbon dioxide;
(ii) The injector has addressed any pending claims
regarding the injection and storage of the carbon dioxide;
(iii) The underground place or pore space where the
carbon dioxide was injected or stored is expected to no longer
expand vertically or horizontally and poses no threat to human
health, human safety, the environment or underground sources of
drinking water;
(iv) The stored or injected carbon dioxide is
unlikely to cross any underground or pore space boundary and is
not expected to endanger any underground source of drinking
water or otherwise endanger human health, human safety or the
environment;
(v) All wells, equipment and facilities to be used in
maintaining and managing the stored carbon dioxide are in good
condition and will retain mechanical integrity;
(vi) The injector has plugged any injection wells and
has completed all reclamation required by the department.
(d) Upon the issuance of a certificate of project
completion under subsection (a) of this section:
(i) In exchange for assuming responsibility and
liability for the stored carbon dioxide as provided in this
section, title to the stored or injected carbon dioxide, and any
facilities used to inject or store the carbon dioxide, without
payment of any compensation, shall be transferred to the state;
(ii) Title acquired by the state includes all rights,
and interests in, and all responsibilities associated with, the
stored or injected carbon dioxide;
(iii) Primary responsibility and liability for the
stored or injected carbon dioxide shall be transferred to the
state, provided that liability to the state shall not result in
the payment of any damages in excess of the balance of the
Wyoming geologic sequestration special revenue account created
by W.S. 35-11-320(a);
(iv) The injector and all persons who generated any
injected or stored carbon dioxide shall be forever released from
all regulatory requirements associated with the continued
storage and maintenance of the injected carbon dioxide;
(v) Any bond or financial assurance submitted to the
department under W.S. 35-11-313 through 35-11-317 shall be
released;
(vi) The state, through the department, shall assume
responsibility to manage and monitor the stored carbon dioxide
until such time when the federal government assumes
responsibility for the long-term monitoring and management of
stored carbon dioxide.
35-11-320. Geologic sequestration special revenue account.
(a) There is created the Wyoming geologic sequestration
special revenue account. The account shall be administered by
the director and all funds in the account shall be transmitted
to the state treasurer for credit to the account and shall be
invested by the state treasurer as authorized under W.S. 9-4-
715(a), (d) and (e) in a manner to obtain the highest return
possible consistent with the preservation of the corpus. Any
interest earned on the investment or deposit of monies into the
fund shall remain in the fund and shall not be credited to the
general fund. All funds in the account are continuously
appropriated for use by the director consistent with this
section.
35-11-320. Geologic sequestration special revenue account.
35-11-320. Geologic sequestration special revenue account.
(b) The account shall consist of all monies collected by
the department to measure, monitor and verify Wyoming geologic
sequestration sites following project completion certification,
release of all financial assurance instruments and termination
of the permit. The department shall promulgate rules necessary
to collect monies in an amount reasonably calculated to pay the
costs of measuring, monitoring and verifying the sites.
35-11-320. Geologic sequestration special revenue
account.
35-11-320. Geologic sequestration special revenue
account.
35-11-320. Geologic sequestration special revenue account.
(c) Funds in the account shall be used only for:
(i) The testing, monitoring and long-term inspections
of geologic sequestration sites;
(ii) Remediation of mechanical problems associated
with remaining wells and infrastructure;
(iii) Plugging and abandoning monitoring wells;
(iv) All future claims associated with the release of
carbon dioxide from the geologic sequestration sites following
project completion certification, release of all financial
assurance instruments and termination of the permit.
35-11-320. Geologic sequestration special revenue account.
(d) The existence, management and expenditure of funds
from this account shall not constitute a waiver by the state of
Wyoming of its immunity from suit, nor does it constitute an
assumption of any liability by the state for geologic
sequestration sites.
ARTICLE 4 - LAND QUALITY
35-11-401. Compliance generally; exceptions.
(a) No mining operation or operation by which solid
minerals are intended to be extracted from the earth shall be
commenced after the effective date of the act, except in
accordance with its requirements. It is recognized these
measures are performed in the public interest and constitute an
expense to the operator, and while this act applies to all
mining operations, no operator shall be compelled to perform at
his own expense measures required under this act with respect to
operations that were completed or substantially completed prior
to the effective date of this act. Nothing in this act shall
provide the land quality division regulatory authority over oil
mining operations as defined in W.S. 30-5-104(d)(ii)(F).
(b) All surface or underground mining operations operating
at the date of enactment of this statute shall have a period of
one (1) year within which to fulfill the requirements of this
act. This period may be extended at the discretion of the
council if the administrator has been unable to review and
evaluate all operations that are presently operating under a
permit issued by the state land commissioner in compliance with
the "Open Cut Land Reclamation Act of 1969".
(c) An operator presently operating under a permit issued
by the state land commissioner in accordance and in full
compliance with the Open Cut Land Reclamation Act of 1969 will
be issued a permit upon submission to the administrator of:
(i) The information, maps and other exhibits required
by this act; and
(ii) A reclamation plan which fulfills all of the
requirements of this act and is reviewed by the advisory board.
(d) Within two (2) months following the final approval of
a state program pursuant to Section 503 of P.L. § 95-87, all
operators of surface coal mining operations operating under a
permit issued in accordance with the terms of this act shall
apply for a new mining permit covering those lands expected to
be mined or reclaimed after eight (8) months from state program
approval. Within eight (8) months from the date of state program
approval, the administrator shall approve or deny an application
for a surface coal mining permit. No person shall engage in or
carry out surface coal mining operations unless the person has
first obtained a permit pursuant to this section except as
hereafter provided. A person conducting operations consistent
with this act may continue operating beyond eight (8) months
from state program approval if an application for a permit has
been filed in accordance with this act but the administrator's
decision on the application has not been rendered.
(e) The provisions of this article shall not apply to any
of the following activities:
(i) Building or expansion of utilities, soil
conservation conveyances and foundation excavations for the
purpose of constructing buildings and other structures not used
in mining operations;
(ii) Excavations other than for the extraction of
coal by an agency of federal, state or local government or its
authorized contractors for highway and railroad cuts and for the
purpose of providing fill, sand, gravel and other materials for
use in connection with any public project if reclamation
requirements of federal, state or local governments are
consistent with all provisions of this act or regulations
promulgated thereunder. Excavations for the extraction of coal
as an incidental part of federal, state or local government
financed highway or other construction shall be conducted in
accordance with regulations established by the council;
(iii) The extraction of sand, gravel, dirt, scoria,
limestone, dolomite, shale, ballast or feldspar by a landowner
for his own noncommercial use from land owned or leased by him;
(iv) Archaeological excavations;
(v) Other surface mining operations which the
administrator determines to be of an infrequent nature and which
involve only minor surface disturbances;
(vi) Limited mining operations, whether commercial or
noncommercial, for the removal of sand, gravel, scoria,
limestone, dolomite, shale, ballast or feldspar from an area of
fifteen (15) acres or less of affected land, excluding roads
used to access the mining operation, if the operator has written
permission for the operation from the owner and lessee, if any,
of the surface. The operator shall notify the land quality
division of the department of environmental quality and the
inspector of mines within the department of workforce services
of the location of the land to be mined and the postal address
of the operator at least thirty (30) days before commencing
operations. A copy of the notice shall also be mailed to all
surface owners located within one (1) mile of the proposed
boundary of the limited mining operation at least thirty (30)
days before commencing operations. The operator shall notify the
land quality division of the department of environmental quality
of the date of commencement of limited mining operations within
thirty (30) days of commencing operations. Limited mining
operations authorized under this paragraph are subject to the
following:
(A) That the affected lands shall not be within
three hundred (300) feet of any existing occupied dwelling,
home, public building, school, church, community or
institutional building, park or cemetery unless the landowner's
consent has been obtained;
(B) Before commencing any limited mining
operations, the operator shall file a bond to insure reclamation
in accordance with the purposes of this act in the amount of two
thousand dollars ($2,000.00) per acre, except for quarries for
which the bond amount shall not exceed three thousand dollars
($3,000.00) per acre of affected land including roads used to
access the mining operation. Within ninety (90) days after
limited mining operations commence, the administrator may
require the operator to post an additional bond per acre of
affected land if he determines that such amount is necessary to
insure reclamation. The operator shall post the additional bond
not later than thirty (30) days after receipt of such
notification;
(C) After the limited mining operations have
ceased, the operator shall notify the administrator of such fact
in the operator's next annual report and commence reclamation
and restoration in compliance with the rules and regulations of
the land quality division of the department of environmental
quality. The rules and regulations for reclamation shall at all
times be reasonable;
(D) Immediate reclamation will not be required
if the landowner advises the department in writing of his intent
to further utilize the product of the mine, and if he assumes
the obligation of reclamation;
(E) The limited mining operations shall be
terminated if the operator does not commence operations within
five (5) years as noted in the annual report following
notification to the land quality division of the department of
environmental quality under this paragraph;
(F) Limited mining operations may continue for
not more than five (5) years from the date of commencing
operations unless a notification to extend operations is
submitted to the land quality division administrator. Operators
shall submit a notification of extension for every subsequent
five (5) year period with the annual report;
(G) Limited mining operations shall be subject
to rules governing the use of explosives pursuant to W.S. 35-11-
402(d).
(vii) Repealed By Laws 2013, Ch. 44, § 2.
(viii) Repealed By Laws 2013, Ch. 44, § 2.
(ix) Repealed By Laws 2013, Ch. 44, § 2.
(f) In promulgating regulations to implement this section
the administrator and director shall consider:
(i) The nature of the class, type, or types of
activities involved;
(ii) Their magnitude (in tons and acres);
(iii) Their potential for adverse environmental
impact; and
(iv) Whether the class, type, or types of activities
are already subject to an existing regulatory system by state or
local government or an agency of the federal government.
(g) A single permit may be issued to all county or other
local governmental entities of the state to operate
noncontiguous facilities in compliance with the statutes.
(h) A single permit may be issued for mining of
noncontiguous minerals deposits at the discretion of the
administrator in compliance with the statutes.
(j) The council, upon recommendation from the advisory
board through the administrator and director, may modify or
suspend certain requirements of W.S. 35-11-406(a), (b)(i)
through (xx), (d), (f) and (g) by rules and regulations, for
surface mining operations involving not more than thirty-five
thousand (35,000) yards of overburden, excluding topsoil, and
ten (10) acres of affected land in any one (1) year, if the
application requirements ensure reclamation in accordance with
the purposes of this act. Roads used to access a mining
operation permitted under this section shall be excluded from
the annual ten (10) acres of affected land limit, but shall be
included in the permit and bonded for reclamation liability.
(k) An operator conducting operations pursuant to W.S.
35-11-401(e)(vi) shall file an annual report with the
administrator on or within thirty (30) days prior to the
anniversary date of the commencement date of initial operation.
The report shall contain:
(i) The name and address of the operator;
(ii) The location of the mining operations;
(iii) The number of acres of affected lands at the
conclusion of the past year's operation;
(iv) The number of acres of land that have been
reclaimed during the past year;
(v) The number of yards of overburden or mined
mineral removed;
(vi) The expected remaining life of the mining
operation;
(vii) If the operations include the use of
explosives, information that the operator must maintain under
W.S. 35-11-402(d)(iii) and any other information on the use of
explosives required by rule.
(m) No steep slope surface coal mining operation shall be
commenced until the council has promulgated rules and
regulations establishing steep slope mining performance
standards.
(n) In promulgating regulations to implement W.S.
35-11-401 and 35-11-402, the administrator and director shall
consider interim mine stabilization.
35-11-402. Establishment of standards.
(a) The council shall, upon recommendation by the advisory
board through the administrator and the director, establish
rules and regulations pursuant to the following reclamation
standards for the affected areas, including but not limited to:
(i) The highest previous use of the affected lands,
the surrounding terrain and natural vegetation, surface and
subsurface flowing or stationary water bodies, wildlife and
aquatic habitat and resources, and acceptable uses after
reclamation including the utility and capacity of the reclaimed
lands to support such uses;
(ii) Backfilling, regrading or recontouring to assure
the reclamation of the land to a use at least equal to its
highest previous use;
(iii) A time schedule encouraging the earliest
possible reclamation program consistent with the orderly and
economic development of the mining property;
(iv) Revegetation of affected lands including species
to be used, methods of planting and other details necessary to
assure the development of a vegetative cover consistent with the
surrounding terrain and the highest prior use standards set out
in paragraph (i) of this subsection;
(v) Stockpiling, preservation and reuse of topsoil
for revegetation, unless it can be demonstrated to the
satisfaction of the administrator that other methods of
reclamation or types of soil are superior;
(vi) Prevention of pollution of waters of the state
from mining operations, substantial erosion, sedimentation,
landslides, accumulation and discharge of acid water, and
flooding, both during and after mining and reclamation;
(vii) In administering established rules and
regulations on such standards the administrator shall consider
all the facts and circumstances bearing upon any reclamation
plan. In consideration of reclamation plans for any mining
operation that is presently being conducted in the state under a
permit issued by the state land commission under the "Open Cut
Land Reclamation Act of 1969", particular attention shall be
paid to:
(A) The social and economic value of the product
mined;
(B) The technological availability for economic
feasibility of reclaiming the affected area.
(viii) Establishing methods of estimating cost of
reclamation which shall be computed according to established
engineering methods;
(ix) Establishing procedures to obtain special
license to explore by dozing. Such procedures will include but
not be limited to method of application, location of proposed
exploration, present use of affected lands, name of surface
owner, proposed reclamation program, bonding requirement, and
such other procedures as are necessary to insure that the
exploration work will be conducted within the intent of this
act;
(x) Rules and regulations for the criteria for review
and information and public notice requirements for permit
revisions. A permit may be revised without public notice or
hearing for revisions, including incidental boundary revisions
to the area covered by the permit, if these do not propose
significant alterations in the reclamation plan. Subject to
applicable standards, any permit, except for surface coal mining
permits, may be revised, in the permitted area, by identifying
proposed alterations to the mining or reclamation plan in the
annual report or addendum thereto, or by obtaining prior
approval from the director, at the operator's discretion;
(xi) Rules and regulations for conducting coal
exploration operations which shall include prior notice of
intention to explore, written approval by the director for the
removal of more than two hundred fifty (250) tons of coal and
reclamation provisions for new and existing operations in
accordance with the reclamation standards governing surface
mining;
(xii) Rules and regulations governing new and
existing special bituminous surface coal mines as recognized in
P.L. 95-87, which shall be controlling notwithstanding other
provisions of this act to the contrary. The regulations shall
pertain only to standards governing on site handling of spoils,
elimination of depressions capable of collecting water, creation
of impoundments and regrading to the approximate original
contour, and shall specify that all remaining highwalls be
stable. All other performance standards contained in this act
shall apply to such mines;
(xiii) Rules and regulations governing the use of
decommissioned wind turbine blades and towers to backfill
surface coal mining sites as part of an approved reclamation
plan. Rules promulgated under this paragraph shall, at a
minimum, provide for:
(A) Minimum depth requirements for the burial of
decommissioned wind turbine blades and towers to be buried below
the surface and above any aquifers as defined in W.S. 35-11-
103(h)(i). In setting depth requirements under this
subparagraph, the council, administrator and director may
consult standards for solid waste management facilities
established by the solid and hazardous waste management
division;
(B) The removal of all mechanical, electrical
and other materials from the decommissioned wind turbine blades
and towers allowing only the base material of the blades and
towers to be buried;
(C) Disposal fees to be remitted to the
department by the operator who allows disposal of decommissioned
wind turbine blades and towers in surface coal mining sites,
which shall be twenty-five percent (25%) of any revenues
collected by the operator for the disposal of the decommissioned
wind turbine blades and towers. The fees collected under this
subparagraph shall be credited to the general fund;
(D) The incorporation or amendment of any rules
pertaining to solid and hazardous waste necessary to allow for
the disposal of decommissioned wind turbine blades and towers in
surface coal mining sites to be reclaimed.
(xiv) Establishing such other rules and regulations
necessary to insure full compliance with all requirements
relating to reclamation, and the attainment of those objectives
directed to public health, safety, and welfare;
(xv) Rules and regulations governing the use of inert
material as backfill for non-coal mining sites as part of an
approved reclamation plan. Rules promulgated under this
paragraph shall, at a minimum, provide for:
(A) Minimum depth requirements for the burial of
inert material to be buried below the surface and above any
aquifers as defined in W.S. 35-11-103(h)(i). In setting depth
requirements under this subparagraph, the council, administrator
and director may consult standards for solid waste management
facilities established by the solid and hazardous waste
management division;
(B) Disposal fees to be remitted to the
department by the operator who allows disposal of inert material
in non-coal mining sites, which shall be ten percent (10%) of
any revenues collected by the operator for the disposal of the
inert material. The fees collected under this subparagraph shall
be credited to the general fund;
(C) The incorporation or amendment of any rules
pertaining to solid and hazardous waste necessary to allow for
the disposal of inert material in non-coal mining sites to be
reclaimed.
(b) To the extent federal law or regulations require
approval by state wildlife agencies regarding surface mining
lands to be reclaimed for fish and wildlife habitat, the Wyoming
game and fish department shall consider fish and wildlife
habitat to mean as defined in W.S. 35-11-103(e)(xxvi) and does
not include grazingland as defined in W.S. 35-11-103(e)(xxvii),
unless the grazingland has been designated as:
(i) Critical habitat by the United States fish and
wildlife service; or
(ii) Crucial habitat by the Wyoming game and fish
department prior to submittal of the initial permit application
or any subsequent amendments to the permit application.
(c) For the reclamation of grazingland, native shrubs
shall be used for reestablishment. No shrub species shall be
required to be more than one-half (1/2) of the shrubs in the
post-mining standard.
(d) The council shall, upon recommendation by the
administrator and the director, establish rules governing the
use of explosives at new and existing non-coal surface mining
operations. Rules promulgated under this subsection shall, at a
minimum:
(i) Include standards and procedures to ensure that
explosives are used only in accordance with state and federal
law and regulations;
(ii) Incorporate applicable standards provided in the
International Fire Code, Chapter 56, Section 5607, Blasting and
in the National Fire Protection Association Explosives Material
Code 495, Chapter 10, Use of Explosive Materials for Blasting;
(iii) Include requirements for the operator to
maintain for not less than three (3) years and to make available
for public inspection a log detailing the location of any
blasts, the pattern and depth of drill holes, the amount of
explosives used for each hole and the order and length of delay
in the blast;
(iv) Establish the types of explosives and detonation
equipment to be used and the size, timing and frequency of
blasts based on the site's physical conditions so as to prevent:
(A) Injury to persons;
(B) Damage to public and private property
outside of the permit area;
(C) Adverse impacts on any underground mine;
(D) Adverse impacts on any water source or water
resource.
(v) Require that all blasting operations be conducted
by trained and competent persons, as certified by the
administrator.
35-11-403. Powers of the administrator of land quality
division.
(a) The administrator of the land quality division shall
have the following powers:
(i) To utilize qualified experts in the field of
hydrology, soil science, plant or wildlife ecology, and other
related fields to advise on mining reclamation practices, and
the adoption of rules. Advisors shall be reimbursed for travel
and other expenses incurred in performance of official duties in
the same manner and amount as state employees;
(ii) To fix the amount of, collect, maintain and
otherwise comply with the statutory performance bond requirement
set out in W.S. 35-11-417. The council may order the forfeiture
of a bond as set out in W.S. 35-11-421;
(iii) To reclaim any affected land with respect to
which a bond has been forfeited;
(iv) To recommend to the director, the issuance,
denial, amendment, revocation and suspension of permits,
licenses and special exploration licenses in accordance with the
provisions of this act.
35-11-404. Drill holes to be capped, sealed or plugged.
(a) All drill holes sunk in the exploration for locatable
or leasable minerals on all lands within the state of Wyoming
shall be capped, sealed or plugged in the manner described
hereinafter by or on behalf of the discoverer, locator or owner
who drilled the hole. Prospecting and exploration drill holes
shall include all drill holes except those drilled in
conjunction with the expansion of an existing mine operation or
wells or holes regulated pursuant to W.S. 30-5-101 through
30-5-204.
(b) "Person" means any person, firm, association or
corporation who drills or is responsible for drilling holes for
the purpose of exploration or development of these minerals.
(c) "Plugging, sealing and capping upon abandonment" means
any hole drilled shall be abandoned in the following manner:
(i) "Plugging". All artesian flow of ground water to
surface shall be eliminated by a cement plug or other similar
material sufficient to prevent such artesian flow;
(ii) "Sealing". Drill holes which have encountered
any ground water shall be sealed by leaving a column of drilling
mud in the hole or by such other sealing procedure which is
adequate to prevent fluid communication between aquifers;
(iii) "Surface Cap". Each drill hole is to be
completely filled to the collar of the hole or securely capped
at a minimum depth of two (2) feet below either the original
land surface or the collar of the hole, whichever is at the
lower elevation. If capped, the cap is to be made of concrete
or other material satisfactory for such capping. The hole shall
be backfilled above the cap to the original land surface;
(iv) "Water Well". If any holes drilled are to be
ultimately used as or converted to water wells, the user shall
comply with the applicable provisions of W.S. 41-3-911 through
41-3-938;
(v) "Surface Restoration". Each drill site shall be
restored as nearly as possible to its original condition,
including reseeding if grass or other crop was destroyed.
(d) Within sixty (60) days after the completion and
abandonment of any hole drilled which has artesian flow at the
surface, the person for whom the hole was drilled shall report
the existence of the hole to the administrator, land quality
division and the state engineer. The report, set forth in
affidavit form, shall contain at least the location of the hole
to the nearest two hundred (200) feet, the depth of the hole and
estimated rate of flow, if known, and the facts of the plugging
technique used.
(e) Within twelve (12) months after the completion and
proper abandonment of any hole drilled any person shall file
with the administrator, land quality division and the state
engineer a report which shall include the location of each hole,
utilizing Wyoming state plane coordinates, and the depth of each
hole drilled. The reports shall be confidential for a period of
five (5) years from the date of filing. The period may be
extended for additional five (5) year periods upon request of
the person filing the report. When a report is no longer
confidential pursuant to this subsection, the provisions of W.S.
35-11-1101 shall apply.
(f) Where plugging reports are required to conform with
federal regulations, and if such reports cover all the
requirements of this section, they are adequate for the purposes
described herein.
(g) Except for drilling in conjunction with coal mining or
coal exploration operations, the director in consultation with
the administrator, land quality division, may waive any of the
administrative provisions of this act pertaining to aquifers
following a formal written application for a waiver of any
particular provisions, if in the opinion of the director waiver
of any such provisions shall not adversely affect the interests
of the state of Wyoming and would create an undue hardship upon
application. Waivers shall be in writing and may be appealed
under the provisions of the Wyoming Administrative Procedure
Act.
(h) The drill hole should be capped immediately following
the drilling and probing. If it is necessary to temporarily
delay the capping or keep the hole open for any reason, the
drill hole must be securely covered in a manner which will
prevent injury to persons or animals.
(j) Before drilling on lands within the state of Wyoming,
any person conducting coal exploration operations shall give
notice to the administrator which shall, at a minimum include a
legal description of the area, the approximate number of holes
to be drilled and a reclamation plan for proper abandonment in
accordance with regulations promulgated by the council. This
excludes drilling within an existing permit area approved prior
to August 3, 1977.
(k) Except as follows, any person who fails or refuses to
comply with the provisions of this section is guilty of a
misdemeanor and on conviction is subject to imprisonment in a
county jail for not more than ninety (90) days or a fine of not
more than five thousand dollars ($5,000.00), or both. Any
person who drills in conjunction with coal mining or coal
exploration operations in violation of this section or
regulations promulgated pursuant hereto is subject to the
provisions of W.S. 35-11-901.
(m) When exploratory drill holes have been abandoned in
violation of these provisions, the director in consultation with
the administrator, land quality division may then cause such
holes to be capped, sealed or plugged and the state of Wyoming
is granted a cause of action against the person refusing to
comply with the provisions of this section for the recovery of
the reasonable costs incurred by the director in having the
holes properly capped, sealed or plugged.
(n) All actions pursuant to subsection (k) or (m) of this
section, must be initiated by the state of Wyoming within three
(3) years of the date of the report required by subsection (d)
of this section.
35-11-405. Permit defined; no mining operation without
valid permit; when validity terminated.
(a) A mining permit is the certification that the tract of
land described may be mined by an operator licensed to do so in
conformance with an approved mining plan and reclamation plan.
No mining operation may be commenced or conducted on land for
which there is not in effect a valid mining permit to which the
operator possesses the rights.
(b) A mining permit once granted remains valid and in
force from the date of its issuance until the termination of all
mining and reclamation operations, except as otherwise provided
in this act.
(c) All surface coal mining permits issued subsequent to
approval of the state program pursuant to P.L. 95-87 shall be
issued for a term of not to exceed five (5) years. If the
applicant demonstrates that a specified longer term is
reasonably needed to allow the applicant to obtain necessary
financing for equipment and the opening of the operation and if
the application is complete for this specified longer term, the
director shall grant a permit for a longer term.
(d) A surface coal mining permit shall terminate if the
permittee has not commenced the surface coal mining operations
covered by the permit within three (3) years of the issuance of
the permit, except as provided in P.L. 95-87.
(e) Any valid surface coal mining permit issued pursuant
to this act is entitled to a right of successive renewal upon
expiration with respect to areas within the boundaries of the
existing permit if public notice has been given, any additional
revised or updated information has been provided and the
operation is in compliance with applicable laws and regulations
and if the renewal requested will not substantially jeopardize
the operator's responsibility on existing affected land.
(f) If an application for renewal of a valid surface coal
mining permit includes a proposal to extend the mining operation
beyond the boundaries authorized in the existing permit, the
portion of the application for renewal which addresses any new
land areas shall be subject to the standards applicable to new
applications under this act. However, areas previously
identified in the mining plan and reclamation plan of those
surface coal mining operations not subject to the standards in
W.S. 35-11-406(m)(xiii) will not be subject to those standards
in the renewal application.
(g) An application for renewal of a valid surface coal
mining permit shall be made at least one hundred twenty (120)
days prior to expiration of a valid coal permit.
35-11-406. Application for permit; generally; denial;
limitations.
(a) Applications for a mining permit shall be made in
writing to the administrator and shall contain:
(i) The name and address of the applicant, and, if
the applicant is a partnership, association, or corporation, the
names and addresses of all managers, partners and executives
directly responsible for operations in this state;
(ii) A sworn statement stating that the applicant has
the right and power by legal estate owned to mine from the land
for which the permit is desired;
(iii) A sworn statement that the applicant has not
forfeited a bond posted for reclamation purposes and that all
the statements contained in the permit application are true and
correct to the best knowledge of the applicant;
(iv) The names and last known addresses of the owners
of record of the surface and mineral rights on the land to be
covered by the proposed permit;
(v) The names and last known addresses of the owners
of record of the surface rights of the lands immediately
adjacent to the proposed permit area and for surface coal mining
operations, the names and last known addresses of coal ownership
immediately adjacent to the permit area;
(vi) An identification of the land to be included in
the permit area to include:
(A) The location of the lands by legal
subdivision, section, township, range, county, and municipal
corporation, if any;
(B) The name, if any, by which such lands or any
part thereof are known;
(C) The approximate number of acres to be
affected, including the total number of acres in the area
covered by the permit application;
(D) The nearest town, village, or city.
(vii) A general description of the land which shall
include as nearly as possible its vegetative cover, the annual
rainfall, the general directions and average velocities of the
winds, indigenous wildlife, its past and present uses, its
present surface waters, and adjudicated water rights and their
immediate drainage areas and uses, and, if known, the nature and
depth of the overburden, topsoil, subsoil, mineral seams or
other deposits and any subsurface waters known to exist above
the deepest projected depth of the mining operation;
(viii) A United States Geological Survey topographic
map, if available, of the permit area;
(ix) A map based upon public records showing the
boundaries of the land to be affected, its surrounding immediate
drainage area, the location and names, where known, of all
roads, railroads, public or private rights-of-way and easements,
utility lines, lakes, streams, creeks, springs, and other
surface water courses, oil wells, gas wells, water wells, and
the probable limits of underground mines and surface mines,
whether active or inactive, on or immediately adjacent to the
land to be affected. The map shall also show:
(A) The names, last known addresses and boundary
lines of the present surface landowners and occupants on the
adjacent land to be affected;
(B) The location, ownership, and uses of all
buildings on, or on lands adjacent to, the land to be affected;
(C) An outline of all areas previously disturbed
by underground mining or that will be affected by future
underground mining as a guide to potential subsidence problems;
(D) Any political boundaries of special
districts on or near the land to be affected.
(x) The mineral or minerals to be mined;
(xi) The estimated dates of commencement and
termination of the proposed permit;
(xii) A minimum fee of two hundred dollars ($200.00)
plus ten dollars ($10.00) for each acre in the requested permit,
but the maximum fee for any single permit shall not exceed two
thousand dollars ($2,000.00). The permit is amendable, excepting
permits for surface coal mining operations, without public
notice or hearing if the area sought to be included by amendment
does not exceed twenty percent (20%) of the total permit
acreage, is contiguous to the permit area, and if the operator
includes all of the information necessary in his application to
amend that is required in this section including a mining and
reclamation plan acceptable to the administrator. The fee for a
permit amendment shall be two hundred dollars ($200.00) plus ten
dollars ($10.00) for each acre not to exceed two thousand
dollars ($2,000.00);
(xiii) A certificate issued by an insurance company
authorized to do business in the United States certifying that
the applicant has a public liability insurance policy in force
for the surface mining and reclamation operations for which this
permit is sought, or evidence that the applicant has satisfied
other state or federal self-insurance requirements. This policy
shall provide for personal injury and property damage protection
in an amount adequate to compensate any persons damaged as a
result of surface coal mining and reclamation operations
including use of explosives and entitled to compensation under
the applicable provisions of state law. This policy shall be
maintained in full force and effect during the terms of the
permit or any renewal, including the length of all reclamation
operations;
(xiv) For surface coal mining permit applications, a
schedule listing all notices of violation which resulted in
enforcement action of this act, and any law, rule or regulation
of the United States, or of any department or agency in the
United States pertaining to air or water environmental
protection incurred by the applicant in connection with any
surface coal mining operation during the three (3) year period
prior to the date of application;
(xv) Such other information as the administrator
deems necessary or as good faith compliance with the provisions
of this act require.
(b) The application shall include a mining plan and
reclamation plan dealing with the extent to which the mining
operation will disturb or change the lands to be affected, the
proposed future use or uses and the plan whereby the operator
will reclaim the affected lands to the proposed future use or
uses. The mining plan and reclamation plan shall be consistent
with the objectives and purposes of this act and of the rules
and regulations promulgated. The mining plan and reclamation
plan shall include the following:
(i) A statement of the present and proposed use of
the land after reclamation;
(ii) Plans for surface gradient to a contour suitable
for proposed use after reclamation is completed and proposed
method of accomplishment;
(iii) Type of vegetation and manner of proposed
revegetation or other surface treatment of affected area;
(iv) Method of disposal of buildings and structures
erected during the operation;
(v) One (1) or more maps as may be required by the
administrator of reclamation and mining operators on an
appropriate scale showing location and extent of the proposed
affected lands, together with the location of any public
highways, dwelling, surface drainage area, and all utility and
other easements existing on the affected lands. The map shall
also show the location of all proposed pits, spoil banks, haul
roads, railroads, topsoil conservation areas, buildings, refuse
or waste areas, shipping areas including conveyors, and shall
further set forth the drainage plan on, below, above and away
from the affected land including subsurface water above the
mineral seam to be removed; and shall further show the location
of all waste water impoundments, any settling ponds, and other
water treatment facilities, constructed drainways and natural
drainways, and the surface bodies of water receiving this
discharge. In lieu of an original map, a reproduction of a
United States Geological Survey topographic map or aerial
photograph is acceptable if the required information is platted.
The map of the affected lands shall be accompanied by a typical
cross section, showing the elevations of the surface, top and
bottom of the mineral seam. Additional cross sections at
appropriate intervals may be required by the administrator. The
cross sections shall show surface elevations for a distance
beyond the outlines of the affected areas as may be determined
by the administrator;
(vi) An estimate of the total cost of reclaiming the
affected lands as outlined in the written proposal computed in
accordance with established engineering principles;
(vii) A contour map on the same scale as the
reclamation map showing to the extent possible the proposed
approximate contours of the affected area after completion of
proposed reclamation;
(viii) The proposed method of separating topsoil,
subsoil, and spoil piled, protecting and conserving them from
wind and water erosion before reclamation begins by planting a
quick growing cover or other acceptable methods, and the
proposed method of preserving topsoil free of acid or toxic
materials, as well as the manner in which topsoil shall be
replaced. If topsoil is virtually nonexistent or is not capable
of sustaining vegetation, then the method of removing,
segregating and preserving in a like manner subsoil which is
better able to support vegetation. Spoil piles are to be kept
separate and apart from topsoil. All piles are to be clearly
marked so as to avoid confusion. If conditions do not permit the
separation, conservation and replacement of topsoil or subsoil,
a full explanation of such conditions shall be given and
alternate procedures proposed;
(ix) A plan for insuring that all acid forming, or
toxic materials, or materials constituting a fire, health or
safety hazard uncovered during or created by the mining process
are promptly treated or disposed of during the mining process in
a manner designed to prevent pollution of surface or subsurface
water or threats to human or animal health and safety. Such
method may include, but not be limited to covering, burying,
impounding or otherwise containing or disposing of the acid,
toxic, radioactive or otherwise dangerous material;
(x) For a surface mining operation granted a new
permit after July 1, 1973, and prior to March 1, 1975, except
for an operation legally operating under the 1969 Open Cut Land
Reclamation Act, an instrument of consent from the surface
landowner, if different from the mineral owner, to the mining
plan and reclamation plan. If consent cannot be obtained as to
either or both, the applicant may request a hearing before the
environmental quality council. The council shall issue an order
in lieu of consent if it finds:
(A) That the mining plan and the reclamation
plan have been submitted to the surface owner for approval;
(B) That the mining plan and the reclamation
plan is detailed so as to illustrate the full proposed surface
use including proposed routes of egress and ingress;
(C) That the use does not substantially prohibit
the operations of the surface owner;
(D) The proposed plan reclaims the surface to
its approved future use, in segments if circumstances permit, as
soon as feasibly possible.
(xi) For an application filed after March 1, 1975, an
instrument of consent from the resident or agricultural
landowner, if different from the owner of the mineral estate,
granting the applicant permission to enter and commence surface
mining operation, and also written approval of the applicant's
mining plan and reclamation plan. As used in this paragraph
"resident or agricultural landowner" means a natural person or
persons who, or a corporation of which the majority stockholder
or stockholders:
(A) Hold legal or equitable title to the land
surface directly or through stockholdings, such title having
been acquired prior to January 1, 1970, or having been acquired
through descent, inheritance or by gift or conveyance from a
member of the immediate family of such owner; and
(B) Have their principal place of residence on
the land, or personally conduct farming or ranching operations
upon a farm or ranch unit to be affected by the surface mining
operation, or receive directly a significant portion of their
income from such farming or ranching operations.
(xii) For any application filed after March 1, 1975,
including any lands privately owned but not covered by the
provisions of paragraph (b)(xi) of this section an instrument of
consent from the surface landowner, if different from the owner
of the mineral estate, to the mining plan and reclamation plan.
If consent cannot be obtained as to the mining plan or
reclamation plan or both, the applicant may request a hearing
before the environmental quality council. The council shall
issue an order in lieu of consent if it finds:
(A) That the mining plan and the reclamation
plan have been submitted to the surface owner for approval;
(B) That the mining plan and the reclamation
plan is detailed so as to illustrate the full proposed surface
use including proposed routes of egress and ingress;
(C) That the use does not substantially prohibit
the operations of the surface owner;
(D) The proposed plan reclaims the surface to
its approved future use, in segments if circumstances permit, as
soon as feasibly possible;
(E) For surface coal mining operations, that the
applicant has the legal authority to extract coal by surface
mining methods.
(xiii) The procedures proposed to avoid constituting
a public nuisance, endangering the public safety, human or
animal life, property, wildlife and plant life in or adjacent to
the permit area including a program of fencing all stockpiles,
roadways, pits and refuse or waste areas to protect the surface
owner's ongoing operations;
(xiv) The methods of diverting surface water around
the affected lands where necessary to effectively control
pollution or unnecessary erosion;
(xv) The methods of reclamation for effective control
of erosion, siltation, and pollution of affected stream channels
and stream banks by the mining operations;
(xvi) A statement of the source, quality and quantity
of water, if any, to be used in the mining and reclamation
operations;
(xvii) A blasting plan which shall outline the
procedures and standards by which the operator of a surface coal
mine will meet the provisions of W.S. 35-11-415(b)(xi);
(xviii) For surface coal mining operations, a plan to
minimize the disturbances to the prevailing hydrologic balance
at the minesite and in associated offsite areas and to the
quality and quantity of water in surface and ground water
systems both during and after mining operations and during
reclamation. This paragraph does not alter the authority
granted under any other section of this act with respect to
requirements for maintaining the hydrologic balance in the
minesite, or associated offsite areas, of other mining
operations;
(xix) A projected timetable for accomplishment of the
reclamation plan;
(xx) For surface coal mining operations, a request
for approval of any alternatives which may be proposed to the
provisions of the regulations promulgated by the council. For
each alternative provision the applicant shall:
(A) Identify the provision in the regulations
promulgated by the council for which the alternative is
requested;
(B) Describe the alternative proposed and
provide an explanation including the submission of data,
analysis and information in order to demonstrate that the
alternative is in accordance with the applicable provisions of
the act and consistent with the regulations promulgated by the
council. In addition, the applicant shall demonstrate that the
proposed alternative is necessary because of local requirements
or local environmental or agricultural conditions;
(C) Paragraph (xx) of this subsection shall not
take effect until approved by the secretary of the interior as
an amendment to a state program approved pursuant to section 503
of P.L. 95-87.
(xxi) A blasting plan that shall outline the
procedures and standards by which the operator of a noncoal
surface mine will comply with the standards specified and the
rules promulgated under W.S. 35-11-402(d).
(c) The applicant may have the local conservation district
assist in preparation of, provide data for, perform research,
review and comment upon the reclamation. For those lands in a
surface coal mining permit application which a reconnaissance
inspection suggests may be prime farm lands, a soil survey shall
be made or obtained according to standards established by the
United States secretary of agriculture in order to confirm the
exact location of these prime farm lands, if any. If the United
States secretary of agriculture or his representative has
determined that the state, area or exact location within the
permit area does not contain prime farm lands this subsection is
inapplicable.
(d) The applicant shall file a copy of his application for
public inspection at the office of the administrator and in the
offices of the county clerks of the counties in which the
proposed permit area is located. Those parts of the application
which contain confidential trade secrets whose disclosure would
be harmful to the applicant are exempt from these filings.
(e) The administrator shall notify the applicant within
sixty (60) days of submission of the application whether or not
it is complete. If the administrator deems the application
incomplete, he shall so advise and state in writing to the
applicant the information required. All items not specified as
incomplete at the end of the first sixty (60) day period shall
be deemed complete for the purposes of this subsection.
(f) If the applicant resubmits an application or further
information, the administrator shall review the application or
additional information within sixty (60) days of each submission
and advise the applicant in writing if the application or
additional information is complete.
(g) After the application is determined complete, the
applicant shall publish a notice of the filing of the
application once each week for two (2) consecutive weeks in a
newspaper of general circulation in the locality of the proposed
mining site.
(h) The administrator shall review the application and
unless the applicant requests a delay advise the applicant in
writing within one hundred fifty (150) days from the date of
determining the application is complete, that it is suitable for
publication under subsection (j) of this section, that the
application is deficient or that the application is denied. All
reasons for deficiency or denial shall be stated in writing to
the applicant. All items not specified as being deficient at
the end of the first one hundred fifty (150) day period shall be
deemed complete for the purposes of this subsection. After this
period, for noncoal permits, the administrator shall not raise
any item not previously specified as being deficient unless the
applicant in subsequent revisions significantly modifies the
application. If the applicant submits additional information in
response to any deficiency notice, the administrator shall
review such additional information within thirty (30) days of
submission and advise the applicant in writing if the
application is suitable for publication under subsection (j) of
this section, that the application is still deficient or that
the application is denied.
(j) The applicant shall cause notice of the application to
be published in a newspaper of general circulation in the
locality of the proposed mining site once a week for four (4)
consecutive weeks commencing within fifteen (15) days after
being notified by the administrator. The notice shall contain
information regarding the identity of the applicant, the
location of the proposed operation, the proposed dates of
commencement and completion of the operation, the proposed
future use of the affected land, the location at which
information about the application may be obtained, and the
location and final date for filing objections to the
application. For initial applications or additions of new lands
the applicant shall also mail a copy of the notice within five
(5) days after first publication to all surface owners of record
of the land within the permit area, to surface owners of record
of immediately adjacent lands, and to any surface owners within
one-half (1/2) mile of the proposed mining site. The applicant
shall mail a copy of the application mining plan map within five
(5) days after first publication to the Wyoming oil and gas
commission. Proof of notice and sworn statement of mailing shall
be attached to and become part of the application.
(k) Repealed by Laws 2020, ch. 35, § 2.
(m) The requested permit, other than a surface coal mining
permit, shall be granted if the applicant demonstrates that the
application complies with the requirements of this act and all
applicable federal and state laws. The director shall not deny a
permit except for one (1) or more of the following reasons:
(i) The application is incomplete;
(ii) The applicant has not properly paid the required
fee;
(iii) Any part of the proposed operation, reclamation
program, or the proposed future use is contrary to the law or
policy of this state, or the United States;
(iv) The proposed mining operation would irreparably
harm, destroy, or materially impair any area that has been
designated by the council a rare or uncommon area and having
particular historical, archaeological, wildlife, surface
geological, botanical or scenic value;
(v) If the proposed mining operation will cause
pollution of any waters in violation of the laws of this state
or of the federal government;
(vi) If the applicant has had any other permit or
license issued hereunder revoked, or any bond posted to comply
with this act forfeited;
(vii) The proposed operation constitutes a public
nuisance or endangers the public health and safety;
(viii) The affected land lies within three hundred
(300) feet of any existing occupied dwelling, home, public
building, school, church, community or institutional building,
park or cemetery, unless the landowner's consent has been
obtained. The provisions of this subsection shall not apply to
operations conducted under an approved permit issued by the
state land commissioner in compliance with the "Open Cut Land
Reclamation Act of 1969";
(ix) The operator is unable to produce the bonds
required;
(x) Repealed by Laws 2020, ch. 35, § 2.
(xi) If information in the application or information
obtained through the director's investigation shows that
reclamation cannot be accomplished consistent with the purposes
and provisions of this act;
(xii) Repealed by Laws 1980, ch. 64, § 3.
(xiii) Repealed by Laws 1980, ch. 64, § 3.
(xiv) Repealed by Laws 1980, ch. 64, § 3.
(xv) If the applicant has been and continues to be in
violation of the provisions of this act;
(xvi) No permit shall be denied on the basis that the
applicant has been in actual violation of the provisions of this
act if the violation has been corrected or discontinued.
(n) The applicant for a surface coal mining permit has the
burden of establishing that his application is in compliance
with this act and all applicable state laws. No surface coal
mining permit shall be approved unless the applicant
affirmatively demonstrates and the administrator finds in
writing:
(i) The application is accurate and complete;
(ii) The reclamation plan can accomplish reclamation
as required by this act;
(iii) The proposed operation has been designed to
prevent material damage to the hydrologic balance outside the
permit area;
(iv) The area proposed to be mined is not included
within an area designated unsuitable for surface coal mining
pursuant to W.S. 35-11-425, within an area where mining is
prohibited pursuant to section 522(e) of P.L. 95-87, or within
an area under review for this designation under an
administrative proceeding, unless in such an area as to which an
administrative proceeding has commenced pursuant to W.S.
35-11-425, the operator making the permit application
demonstrates that, prior to January 1, 1977, he has made
substantial legal and financial commitments in relation to the
operation for which he is applying for a permit;
(v) The proposed operation would:
(A) Not interrupt, discontinue, or preclude
farming on alluvial valley floors that are irrigated or
naturally subirrigated, but, excluding undeveloped range lands
which are not significant to farming on said alluvial valley
floors and those lands as to which the administrator finds that
if the farming that will be interrupted, discontinued or
precluded is of such small acreage as to be of negligible impact
on the farm's agricultural production; or
(B) Not materially damage the quantity or
quality of water in surface or underground water systems that
supply these alluvial valley floors. Paragraph (n)(v) of this
section shall not affect those surface coal mining operations
which in the year preceding August 3, 1977, produced coal in
commercial quantities, and were located within or adjacent to
alluvial valley floors or had obtained specific permit approval
by the administrator to conduct surface coal mining operations
within said alluvial valley floors. If coal deposits are
precluded from being mined by this paragraph, the administrator
shall certify to the secretary of the interior that the coal
owner or lessee may be eligible for participation in a coal
exchange program pursuant to section 510(b)(5) of P.L. 95-87.
(vi) If the area proposed to be surface coal mined
contains prime farmland, the operator has the technological
capability to restore such mined area, within a reasonable time,
to equivalent or higher levels of yield as nonmined prime
farmland in the surrounding area under equivalent levels of
management and can meet the soil reconstruction standards of
this act and the regulations promulgated pursuant thereto;
(vii) The schedule provided in paragraph (a)(xiv) of
this section indicates that all surface coal mining operations
owned or controlled by the applicant are currently in compliance
with this act and all laws referred to in paragraph (a)(xiv) of
this section or that any violation has been or is in the process
of being corrected to the satisfaction of the authority,
department or agency which has jurisdiction over the violation.
(o) No permit shall be issued to an applicant after a
finding by the director or council, after opportunity for
hearing, that the applicant or operator specified in the
application controls or has controlled mining operations with a
demonstrated pattern of willful violations of such nature and
duration with such resulting irreparable harm to the environment
as to indicate reckless, knowing or intentional conduct.
(p) The following objection procedure shall apply to
applications for mining permits for coal:
(i) Any interested person has the right to file
written objections to the application with the director within
thirty (30) days after the last publication of the notice
required in subsection (j) of this section. The director shall
within five (5) business days forward any objection to the
applicant and shall make objections available to the public;
(ii) If an informal conference is requested by the
applicant or objector, the director shall hold the informal
conference in the locality of the proposed operation within
thirty (30) days after the final date for filing objections
under paragraph (i) of this subsection unless a different period
is stipulated to by the parties. The director shall publish
notice of the time, date and location of the informal conference
in a newspaper of general circulation in the locality of the
proposed operation at least two (2) weeks before the date of the
informal conference;
(iii) The director shall render a decision on the
application within thirty (30) days after the deadline to file
objections provided in paragraph (i) of this subsection if no
informal conference is requested. If the director holds an
informal conference, all parties to the conference shall be
furnished with a copy of the final written decision of the
director issuing or denying the permit within sixty (60) days of
the conference. The applicant or objector may appeal the
director's written decision after an informal conference to the
council. If a hearing is held, the hearing shall be conducted
as a contested case in accordance with the Wyoming
Administrative Procedure Act and the council shall issue
findings of fact and a decision on the application within sixty
(60) days after the final hearing;
(iv) Notwithstanding W.S. 35-11-1001, only the
applicant or an objector who participated in a hearing before
the council may obtain judicial review of the council's
decision.
(q) The following objection procedure shall apply for any
other mining permit application:
(i) Any interested person has the right to file
written objections to the administrator within thirty (30) days
after the last publication of the notice required in subsection
(j) of this section. The administrator shall within five (5)
business days forward any objection to the applicant and shall
make objections available to the public;
(ii) The administrator shall review all objections
and shall forward a report and recommendations on the objections
to the director. The director shall issue to the applicant and
to any objector a final written decision issuing or denying the
permit within thirty (30) days after the deadline to file
objections provided in paragraph (i) of this subsection;
(iii) The applicant or objector may appeal the
director's written decision to the council. If a hearing is
held, the council shall issue findings of fact and a decision
within sixty (60) days after the final hearing;
(iv) A person who does not object as provided under
this subsection has no right of appeal.
35-11-407. Water impoundments.
(a) In any plan for the creation of a permanent water
impoundment the applicant must adequately demonstrate that:
(i) The size of the impoundment, contouring and
revegetation, if any, are suitable for its intended purpose and
use;
(ii) Final grading will provide adequate safety and
access for proposed water users;
(iii) The impoundment dam construction will be so
designed to insure permanent stability and to prevent safety
hazards.
35-11-408. Permit transfer.
A permit holder desiring to transfer his permit shall apply to
the administrator. The potential transferee shall file with the
administrator a statement of qualifications to hold a permit as
though he were the original applicant for the permit and shall
further agree to be bound by all of the terms and conditions of
the original permit. The administrator shall recommend approval
or denial of the transfer to the director. No transfer of a
permit will be allowed if the current permit holder is in
violation of this act, unless the transferee agrees to bring the
permit into compliance with the provisions of this act.
35-11-409. Permit revocation.
(a) The director shall revoke a mining permit if at any
time he determines that the permit holder intentionally
misstated or failed to provide any fact that would have resulted
in the denial of a mining permit and which good faith compliance
with the policies, purposes, and provisions of this act would
have required him to provide.
(b) Unless an emergency exists, and except as otherwise
provided in this act, the revocation of a permit shall become
effective upon thirty (30) days' notice to the operator. In an
emergency, a special meeting of the council may cause a
revocation to become effective upon receipt of notice by the
permit holder.
(c) When an inspection carried out pursuant to the
enforcement of this act reveals that a pattern of violations by
any surface coal mine operator of any requirements of this act
or any permit conditions required by this act has existed, and
that these violations were caused by the unwarranted failure of
the operator to comply with these requirements or permit
conditions, or that these violations are willfully caused by the
operator, the director shall issue an order to the operator to
show cause why the permit should not be suspended or revoked.
Opportunity for a public hearing before the council shall be
provided. If a hearing is requested the director shall inform
all interested parties of the time and place of the hearing.
Upon failure of the operator to show cause why the permit should
not be suspended or revoked, the council shall suspend or revoke
the permit.
35-11-410. License to mine for minerals; application.
(a) A license to mine is issued for the duration of the
mining operation on the permit area unless sooner revoked or
suspended as provided herein. No mining operation of any kind
may be commenced or conducted without a license to mine.
(b) Any operator desiring to engage in a mining operation
shall make a written application to the administrator on forms
furnished by the administrator for a license to mine. A license
is required for each mining operation for which a separate
mining permit is issued. The application shall contain or be
accompanied by:
(i) The name and address of the applicant;
(ii) A copy of the mining permit for the lands which
are to be affected by the proposed mining operation, and if the
applicant is other than the permit holder, a copy of the
instrument of permission from the permit holder granting to the
applicant the rights thereto;
(iii) If the applicant for the license is other than
the permit holder, a statement that the applicant has never had
any permit issued by the administrator revoked, or license
issued by the board revoked, or bond posted to comply with the
act forfeited for intentional and substantial violation of the
provisions of this act;
(iv) The location and number of acres of the area to
be affected by the proposed mining operation for the first year
of operation if less than the full extent of the permit area;
(v) The estimated dates of commencement and
termination of the proposed mining operation;
(vi) A fee of one hundred fifty dollars ($150.00).
(c) The administrator shall promptly review the license
application and if he finds the application in order and
consistent with the terms of the permit and any other provisions
of this act, the administrator will determine the size of the
bond to be posted for the purpose of insuring reclamation of the
lands affected during the first year of operation and upon
receipt of said bond will promptly issue the license.
35-11-411. Annual report.
(a) An operator shall file an annual report with the
administrator on or within thirty (30) days prior to the
anniversary date of each permit. The report shall include:
(i) The name and address of the operator and the
permit number;
(ii) A report in such detail as the administrator
shall require supplemented with maps, cross sections, aerial
photographs, photographs, or other material indicating:
(A) The extent to which the mining operations
have been carried out;
(B) The progress of all reclamation work;
(C) The extent to which expectations and
predictions made in the original or any previous reports have
been fulfilled, and any deviation therefrom, including but not
limited to the quantity of overburden removed, the quantity of
minerals removed, and the number of acres affected.
(iii) A revised schedule or timetable of operations
and reclamation and an estimate of the number of acres to be
affected during the next one (1) year period.
(b) Upon receipt of the annual report the administrator
shall make such further inquiry as shall be deemed necessary. If
the administrator objects to any part of the report or requires
further information he shall notify the permittee as soon as
possible and shall allow a reasonable opportunity to provide the
required information, or take such action as shall be necessary
to remove the objection.
(c) As soon as possible after the receipt of the annual
report the administrator shall conduct an inspection of the site
of the operation. A report of this inspection shall be made a
part of the permittee's annual report and a copy shall be
delivered to the operator.
(d) Within sixty (60) days after receipt of the annual
report, inspection report and other required materials, if the
administrator finds the annual report in order and consistent
with the reclamation plan as set forth in the permit, or as
amended to adjust to conditions encountered during mining and
reclamation operations as provided by law, the director shall
determine the size of the bond to be posted for the purpose of
insuring reclamation of the lands affected during the ensuing
year.
35-11-412. License revocation or suspension.
(a) The director shall revoke an operator's license:
(i) If at any time he becomes aware of the existence
of any fact, reason, or condition that would have caused him to
deny an application for a mining permit whether or not such
condition existed at the time of the application;
(ii) If he determines that the operator intentionally
misstated or failed to provide any fact that would have resulted
in the denial of a license and which good faith compliance with
the policies, purposes and provisions of this act would have
required him to provide.
(b) The director may suspend the license if he determines
the operator is in substantial violation of the terms of the
license or of the provisions of this act. The suspension shall
be lifted when the violations have been corrected to the
director's satisfaction. No suspension shall be unreasonably
prolonged.
(c) Unless an emergency exists, the revocation or
suspension of a license shall become effective upon thirty (30)
days notice to the applicant. In the case of an emergency, the
director may cause such revocation or suspension to become
effective immediately upon receipt of notice.
35-11-413. Special license to explore for minerals by
dozing.
A special license to explore for minerals by dozing may be
issued by the administrator for a one (1) year period without a
permit.
35-11-414. Special license to explore for minerals by
dozing; application; standards; fee; bond; denial; appeal.
(a) Any person desiring to engage in mineral exploration
by dozing shall apply to the administrator for a special
license. The application shall be in accordance with rules and
regulations adopted pursuant to the standards set forth in
subsection (b) of this section, by the council upon
recommendation by the director after consultation with the
administrator and advisory board, and shall be accompanied by a
fee of two hundred fifty dollars ($250.00).
(b) The council shall establish rules and regulations
pursuant to the following reclamation standards for exploration
by dozing:
(i) Backfilling the topsoil disturbed by dozing to
its approximate original contour;
(ii) Revegetation of the land affected by dozing,
including species to be used;
(iii) Timetables for the accomplishment of the above
reclamation program.
(c) After reviewing the application for special license to
explore by dozing the administrator shall set the amount of the
bond necessary to insure complete reclamation and issue the
special license to explore.
(d) The administrator may deny the special license to
explore if he believes the application is in violation of the
purpose of this act.
(e) The decision of the administrator may be appealed
through the director to the council.
(f) All special licenses to explore issued by the
administrator shall be reviewed by the council at their next
regularly scheduled meeting.
(g) A bond posted under the terms of this section shall be
released upon completion of the exploration, by dozing, the
reclamation program, and an inspection by the administrator.
Failure to comply with the provisions of this section will
result in forfeiture of the bond.
(h) If the proposed exploration by dozing will
substantially affect forty (40) or more acres in any four (4)
contiguous sixteenth sections, the application shall conform to
the reclamation standards and requirements governing surface
mining, and the provisions of this section shall not apply.
(j) Any abandoned drill hole shall be subject to the
reclamation provisions of subsection 30-96.16(e) of the
statutes.
35-11-415. Duties of operator.
(a) Every operator to whom any permit or license is issued
shall comply with all requirements of this act, the rules and
regulations promulgated hereunder, and reclamation plans and
other terms and conditions of any permit or license.
(b) The operator, pursuant to an approved surface mining
permit and mining plan and reclamation plan, or any approved
revisions thereto, shall:
(i) Conspicuously post and maintain at each entrance
to the operation, a sign which clearly shows the name, address
and telephone number of the operator, the name of his local
authorized agent, and the permit number of his operation;
(ii) Conduct all surface mining and reclamation
activities within the permit area in conformity with his
approved plan;
(iii) Protect the removed and segregated topsoil from
wind and water erosion, and from acid or toxic materials, and
preserve such in a usable condition for sustaining vegetation
when restored in reclamation, or if topsoil is virtually
nonexistent or is not capable of sustaining vegetation, then
subsoil, which is available and suitable, shall be removed,
segregated, and preserved in a like manner as may be required in
the approved reclamation plan;
(iv) Cover, bury, impound, contain or otherwise
dispose of toxic acid forming, or radioactive material or any
material determined by the administrator to be hazardous to
health and safety, or which constitutes a threat of pollution to
surface or subsurface water as may be required in the approved
reclamation plan;
(v) Conduct contouring operations to return the land
to the use set out in the reclamation plan;
(vi) Backfill or grade, and replace topsoil, or
approved subsoil, which has been segregated and preserved as may
be required in the approved reclamation plan;
(vii) Replace, as nearly as possible, native or
superior self regenerating vegetation on land affected, as may
be required in the approved reclamation plan;
(viii) Prevent, throughout the mining and reclamation
operation, and for a period of five (5) years after the
operation has been terminated, pollution of surface and
subsurface waters on the land affected by the institution of
plantings and revegetation, the construction of drainage systems
and treatment facilities including settling ponds and the
casing, sealing of boreholes, shafts, and wells so that no
pollution is allowed to drain untreated into surface or
subsurface water in accordance with state or federal water
quality standards, whichever are higher, as may be required in
the approved reclamation plan;
(ix) Reclaim the affected land as mining progresses
in conformity with the approved reclamation plan;
(x) For surface coal mining operations, preserve
throughout the mining and reclamation process the essential
hydrologic functions of alluvial valley floors if these areas
are classified within a permit. This paragraph does not alter
the authority granted under any other section of this act with
respect to requirements for preserving throughout the mining and
reclamation process the essential hydrologic functions of the
minesite, or associated offsite areas, of other mining
operations;
(xi) For surface coal mining operations, insure that
explosives are used only in accordance with existing state and
federal law and the rules and regulations promulgated by the
council, which shall include but are not limited to provisions
to:
(A) Provide adequate advance written notice to
local governments and residents who might be affected by the use
of these explosives by publication of the planned blasting
schedule in a newspaper of general circulation in the locality
and by mailing a copy of the proposed blasting schedule to every
resident within one-half (1/2) mile of the proposed blasting
site and by providing daily notice to the resident or occupiers
in these areas prior to any blasting;
(B) Maintain for a period of at least three (3)
years and make available for public inspection upon request a
log detailing the location of the blasts, the pattern and depth
of the drill holes, the amount of explosives used per hole, and
the order and length of delay in the blast;
(C) Limit the types of explosives and detonating
equipment, the size, timing and frequency of blasts based upon
the physical conditions of the site so as to prevent:
(I) Injury to persons;
(II) Damage to public and private property
outside the permit area;
(III) Adverse impacts on any underground
mine;
(IV) A change in the course, channel or
availability of ground or surface water outside the permit area.
(D) Require that all blasting operations be
conducted by trained and competent persons as certified by the
administrator;
(E) Provide that upon the request of a resident
or owner of a man-made dwelling or structure within one-half
(1/2) mile of any portion of the permitted area the applicant or
permittee shall conduct a preblasting survey of these structures
and submit the survey to the administrator and a copy to the
resident or owner making the request. The area of the survey
shall be decided by the administrator and shall include
provisions as the United States secretary of the interior shall
promulgate.
(xii) For surface coal mining operations, replace in
accordance with state law the water supply of an owner of
interest in real property who obtains all or part of his supply
of water for domestic, agricultural, industrial or other
legitimate use from an underground or surface source where the
supply has been affected by contamination, diminution or
interruption proximately resulting from the surface coal mine
operation;
(xiii) Comply with the blasting plan required and
submitted under W.S. 35-11-406(b)(xxi) for the use of explosives
at noncoal surface mining operations.
35-11-416. Protection of the surface owner.
(a) In those instances in which the surface owner is not
the owner of the mineral estate proposed to be mined by mining
operations a permit shall not be issued without the execution of
a bond or undertaking to the state, whichever is applicable, for
the use and benefit of the surface owner or owners of the land,
in an amount sufficient to secure the payment for any damages to
the surface estate, to the crops and forage, or to the tangible
improvements of the surface owner. This amount shall be
determined by the administrator and shall be commensurate with
the reasonable value of the surrounding land, and the effect of
the overall operation of the landowner. This bond is in addition
to the performance bond required for reclamation by this act. As
damage is determined it shall be paid. Financial loss resulting
from disruption of the surface owner's operation shall be
considered as part of the damage. A bond for surface damage
shall not be required when the agreement negotiated between the
surface owner and the mineral owner or developer waives any
requirement therefor. Payment of damages shall be paid annually
unless otherwise agreed to by the surface owner and the
operator.
(b) An owner of real property and who holds a valid
adjudicated water right and who obtains all or part of his
supply of water for domestic, agricultural, industrial,
recreational, or other legitimate use from a surface or an
underground source other than a subterranean stream having a
permanent distinct known channel may maintain an action against
an operator to recover damages for pollution, diminution, or
interruption of such water supply resulting from surface, in
situ mining or underground mining.
35-11-417. Bonding provisions.
(a) The purpose of any bond required to be filed with the
administrator by the operator shall be to assure that the
operator shall faithfully perform all requirements of this act
and comply with all rules and regulations of the board made in
accordance with the provisions of this act.
(b) All bonds shall be signed by the operator as
principal, by a good and sufficient corporate surety licensed to
do business in the state, and be made payable to the state of
Wyoming. At the discretion of the director, the record mineral
owner of the land to be mined may also be required to join as
principal. This subsection shall not apply to collateral bonds
issued pursuant to subsection (g) of this section.
(c) The amount of any bond to be filed with the
administrator prior to commencing any mining shall be:
(i) For an initial bond the amount equal to the
estimated cost of reclaiming the affected land disturbed and
restoring, as defined in W.S. 35-11-103(f)(iii), any groundwater
disturbed by in situ mining during the first year of operation
under each permit. The estimated cost shall be based on the
operator's cost estimate submitted with the permit plus the
administrator's estimate of the additional cost to the state of
bringing in personnel and equipment should the operator fail or
the site be abandoned. In no event shall the bond be less than
ten thousand dollars ($10,000.00), except for limited mining
operations authorized and bonded under W.S. 35-11-401(e) or any
noncoal mine the affected land of which, excluding roads, is ten
(10) acres or less, in which case the bond amount shall be set
by the administrator with approval of the director to cover the
cost of reclamation, and in no event less than two hundred
dollars ($200.00) per acre, for affected land;
(ii) For renewal bonds the amount equal to the
estimated cost of reclaiming the land to be disturbed during
that renewal period, and the estimated cost of completing
reclamation of unreleased lands and groundwater disturbed during
prior periods of time. The estimated cost shall be based on the
operator's cost estimate, which shall include any changes in the
actual or estimated cost of reclamation of unreleased affected
lands, plus the administrator's estimate of the additional cost
to the state of bringing in personnel and equipment should the
operator fail or the site be abandoned. In no event shall the
bond be less than ten thousand dollars ($10,000.00), except for
limited mining operations authorized and bonded under W.S.
35-11-401(e) or any noncoal mine the affected land of which,
excluding roads, is ten (10) acres or less, in which case the
bond amount shall be set by the administrator with approval of
the director to cover the cost of reclamation, and in no event
less than two hundred dollars ($200.00) per acre, for affected
land.
(d) The council may promulgate rules and regulations for a
self-bonding program for mining operations under which the
administrator may accept the bond of the operator itself without
separate surety when the operator demonstrates to the
satisfaction of the director the existence of a suitable agent
to receive service of process and a history of financial
solvency and continuous operation sufficient for authorization
to self-insure or bond this amount. This subsection shall not
become operative until the council has promulgated rules and
regulations for the self-bonding program which require that the
protection provided by self-bonding shall be consistent with the
objectives and purposes of this act.
(e) When the reclamation plan for any affected land has
been completed, the administrator may recommend to the director
the release of up to seventy-five percent (75%) of the bond
required for that affected land. The remaining portion of the
bond shall be not less than ten thousand dollars ($10,000.00),
and shall be held for a period of at least five (5) years after
the date of reduction to assure proper revegetation and
restoration of groundwater. The retained portion of the bond may
be returned to the operator at an earlier date if a release
signed by the surface owner and approved by the administrator
and director is obtained.
(f) If the area of land or groundwater under permit to be
disturbed is increased, then the amount of bond shall be
increased to cover the added cost of reclaiming all affected
lands or groundwater.
(g) The council may, consistent with the requirements of
30 CFR 800.21(c), promulgate rules and regulations that allow
the administrator to accept real property posted as a collateral
bond without separate surety, provided that the real property is
located in this state, the bond provides a perfected first lien
security interest in the real property in favor of the
department and the protection provided by the bond is consistent
with the objectives and purposes of this act.
(h) The council shall promulgate rules for a voluntary
assigned trust program for coal, bentonite, trona and uranium
permits or licenses to bond all or a portion of the full cost of
reclamation as recommended by the administrator and determined
by the director. This subsection shall not become operative
until the governor has signed rules that the council promulgates
for a voluntary assigned trust program that require that the
protection provided by voluntary assigned trusts be consistent
with the objectives and purposes of this act. Any rules
promulgated under this subsection shall be in accordance with
the following:
(i) Participation in an assigned trust program shall
be voluntary on the part of an operator. An operator seeking to
participate in a voluntary assigned trust as part of the
operator's bonding option shall elect to create an assigned
trust as required by rules promulgated by the council;
(ii) The amount necessary for an operator to fully
fund the voluntary assigned trust shall be recommended by the
administrator and determined by the director in accordance with
the provisions of this article for each operator's permit or
license;
(iii) For each payment plan for a voluntary assigned
trust:
(A) The department shall provide the state
treasurer with a copy of the director's annual bond letter that
discloses the reclamation obligation and the estimated mine life
and duration of reclamation for each individual voluntary
assigned trust;
(B) Participants in the assigned trust shall
provide annual payments of not less than one percent (1%) of the
total annual reclamation bond obligation at any time until the
assigned trust is fully funded and sufficient to cover the cost
of the reclamation obligation as provided in W.S. 35-11-417(c);
(C) Participants in the assigned trust shall
provide other acceptable bonding instruments authorized by this
act to cover the remaining full cost of reclamation.
(iv) The funds received for a voluntary assigned
trust for coal shall be invested by the state treasurer as
authorized by law and in a manner to obtain the highest net
return possible consistent with the preservation of one hundred
percent (100%) of the corpus of the assigned trust. All earnings
from investment of the corpus of the assigned trust shall be
credited by the state treasurer to the balance of each voluntary
assigned trust;
(v) The funds received for a voluntary assigned trust
for non-coal shall be invested by the state treasurer as
authorized by law and in a manner to obtain the highest net
return possible less any administrative fees consistent with the
preservation of the corpus of the assigned trust. All earnings
from investment of the corpus of the assigned trust shall be
credited by the state treasurer to the balance of each voluntary
assigned trust;
(vi) The investment options of the treasurer shall
include funds authorized by law. The investment fund options
used shall be based on the corpus protection requirements as
provided in paragraphs (iv) and (v) of this subsection. No funds
shall be withdrawn by the participant from these accounts during
the first year after the establishment of the participant's
voluntary assigned trust;
(vii) The participant shall deposit any cash into an
irrevocable assigned trust, managed by the state treasurer for
the benefit of the department. The assets of each assigned trust
shall be available solely to cover the department's cost of
completing reclamation in the event of forfeiture. No portion of
the trust assets shall be returned to the participant until
trust assets are released in accordance with W.S. 35-11-423;
(viii) Any remaining amounts within an assigned trust
shall be released to the participant in the manner provided for
bonds in accordance with the provisions of W.S. 35-11-423 after
funds are applied to cover all costs of reclaiming the affected
land. Reclamation funds from the assigned trust shall be
withdrawn last, following certification of the requested bond
release by the director. Bond reductions to the permit or
license shall be made from any other bond instruments first
until the assigned trust is fully funded;
(ix) Each assigned trust shall not be withdrawn until
released by the director in accordance with this act and any
rules promulgated under this act;
(x) Any rules promulgated under this act shall
include:
(A) A process for withdrawal of funds that
exceed the bond obligation of a participant;
(B) Provisions for each assigned trust to be
assigned to a new owner resulting from a permit or license
transfer.
(xi) Permits or licenses that include federal lands
with a federal bonding requirement may participate in the
assigned trust following approval from the appropriate federal
agencies.
35-11-418. Cash or securities in lieu of bond.
(a) For coal mining operations, in lieu of a bond, the
operator or its principal may deposit federally insured
certificates of deposit payable to the Wyoming department of
environmental quality, or cash, or government securities, or
irrevocable letters of credit issued by a bank organized to do
business in the United States, or all four (4).
(b) For noncoal mining operations that take place on land
that is not owned or operated by the United States or a federal
agency, in lieu of a bond, the operator or the operator's
principal may deposit federally insured certificates of deposit
payable to the Wyoming department of environmental quality, or
cash, or government securities, or irrevocable letters of credit
issued by a bank or credit union organized to do business in the
United States, or all four (4).
(c) Irrevocable letters of credit deposited under this
section shall be issued by a bank that is insured by the federal
deposit insurance corporation or a credit union that is insured
by the national credit union administration.
35-11-419. Bond cancellation.
Such bond may be cancelled by the surety only after ninety (90)
days notice to the director, and upon receipt of the director's
written consent, which may be granted only when the requirements
of the bond have been fulfilled.
35-11-420. Cancellation of surety's license; substitution.
If the license to do business in Wyoming of any surety upon a
bond filed pursuant to this act is suspended or revoked by any
state authority then the operator, within thirty (30) days after
receiving notice thereof, shall substitute a good and sufficient
corporate surety licensed to do business in the state. Upon
failure of the operator to make substitution of surety within a
reasonable period of time, not to exceed sixty (60) days, the
director shall suspend the permit of the operator to conduct
operations upon the land described in the permit until proper
substitution has been made.
35-11-421. Bond forfeiture proceedings.
(a) If the director determines that a performance bond
should be forfeited because of any violation of this act, he
shall, with the approval of the council, make formal request of
the attorney general to begin bond forfeiture proceedings.
(b) The attorney general shall institute proceedings to
forfeit the bond of any operator by providing written notice to
the surety and to the operator that the bond will be forfeited
unless the operator makes written demand to the council within
thirty (30) days after his receipt of notice, requesting a
hearing before the council. If no demand is made by the operator
within thirty (30) days of his receipt of notice, then the
council shall order the bond forfeited.
(c) The council shall hold a hearing within thirty (30)
days after the receipt of the demand by the operator. At the
hearing, the operator may present for the consideration of the
council statements, documents and other information with respect
to the alleged violation. At the conclusion of the hearing, the
council shall either withdraw the notice of violation or enter
an order forfeiting the bond.
35-11-422. Forfeited bond inadequate; suit to recover
reclamation costs.
If the forfeited bond is inadequate to cover the costs of the
final reclamation program, the attorney general shall bring suit
to recover the cost of the reclamation where recovery is deemed
possible.
35-11-423. Release of bonds.
(a) No bond shall be finally released until the
reclamation program has been completed and approved by the
administrator. The director may retain a portion of the bond for
at least five (5) years as provided in W.S. 35-11-417, or for so
long thereafter as necessary to assure proper revegetation of
the reclaimed areas, as provided for in the operator's
reclamation plan.
(b) The retained portion of the bond may be returned to
the operator at an earlier date if a release signed by the
surface owner and approved by the administrator is obtained.
(c) When the operator has completed successfully all
surface mining and reclamation activities, he may request
release of the retained bond. Upon receipt of the notification
and request and within sixty (60) days, the administrator shall
inspect and evaluate the reclamation work and report his
findings to the director. If the director finds the reclamation
meets the requirements of this act, he shall notify the operator
and order the state treasurer to release that portion of the
final bond. The state treasurer shall then return the bond, cash
or securities constituting that portion of the bond so retained.
If the director does not approve of the reclamation performed by
the operator, he shall notify the operator by registered mail
within a reasonable time after the request is filed. The notice
shall state the reasons for denial and shall recommend
corrective actions. Upon correction of the noted deficiency, the
director shall order the state treasurer to release the bond,
cash or securities constituting that portion of the bond so
retained.
(d) The council shall promulgate rules and regulations
governing the release of bonds for surface coal mining
operations in compliance with P.L. 95-87 as that law is worded
on August 3, 1977, which shall be controlling notwithstanding
other provisions of W.S. 35-11-417 and 35-11-423 to the
contrary.
35-11-424. Deposit of fees and forfeitures.
(a) All forfeitures collected under the provisions of this
act shall be deposited with the state treasurer in a separate
account for reclamation purposes.
(b) All fees shall be deposited with the state treasurer
in the general fund.
(c) All fines and penalties collected under this act shall
be paid to the state treasurer and credited as provided in W.S.
8-1-109.
35-11-425. Designation of areas unsuitable for surface
coal mining.
(a) Any person having an interest which is or may be
adversely affected may petition the council to have an area
designated as unsuitable for surface coal mining operations, or
to have a designation terminated. The petition shall contain
allegations of facts with supporting evidence which would tend
to establish the allegations. Within ten (10) months after
receipt of the petition the council shall hold a public hearing
in the locality of the affected area, after appropriate notice
and publication of the date, time and location of the hearing.
After having filed a petition and before the hearing, any person
may intervene by filing allegations of facts with supporting
evidence which would tend to establish the allegations. Within
sixty (60) days after the hearing, the council shall issue and
furnish to the petitioner and any other party to the hearing, a
written decision with reasons regarding the petition. The
hearing need not be held if all petitioners reach agreement
prior to the requested hearing and withdraw their request.
(b) If petitioned, the council will review the particular
area and:
(i) Shall designate it as an area unsuitable for all
or certain types of surface coal mining operations if it is
determined that reclamation pursuant to the requirements of this
act is not technologically and economically feasible; and
(ii) May designate it as an area unsuitable for
surface coal mining if the coal mining operation will:
(A) Be incompatible with existing state or local
land use plans or programs; or
(B) Affect fragile or historic lands in which
these operations could result in significant damage to important
historic, cultural, scientific and esthetic values and natural
systems; or
(C) Affect renewable resource lands in which
these operations could result in a substantial loss or reduction
of long-range productivity of water supply or of food or fiber
products, and these lands to include aquifers and aquifer
recharge areas; or
(D) Affect natural hazard lands in which these
operations could substantially endanger life and property; these
lands to include areas subject to frequent flooding and areas of
unstable geology.
(c) Prior to designating any land areas as unsuitable for
surface coal mining operations, the administrator shall prepare
a detailed statement on:
(i) The potential coal resources of the area;
(ii) The demand for coal resources; and
(iii) The impact of this designation on the
environment, economy and supply of coal.
(d) The above process will include proper notice,
opportunities for public and agency participation including land
use planning bodies and a public hearing prior to designation or
redesignation, pursuant to this section.
(e) Any designation shall not prevent the mineral
exploration pursuant to this act of any area so designated.
(f) The requirements of this section shall not apply to
lands on which surface coal mining operations were being
conducted on August 3, 1977 or under a permit issued pursuant to
this act, or where substantial legal and financial commitments
in these operations were in existence prior to January 4, 1977.
(g) This section shall not become effective until approval
of a state program pursuant to P.L. 95-87.
(h) This section shall operate independently of all other
sections of the act except as to the application of the Wyoming
Administrative Procedure Act.
35-11-426. In situ mineral mining permits and testing
licenses.
(a) Any person desiring to engage in situ mineral mining
or research and development testing is governed by this act.
(b) All provisions of this act applicable to a surface
coal mining operation, as defined in W.S. 35-11-103(e)(xx),
shall apply to coal in situ operations, regardless of whether
such operations are connected with existing surface or
underground coal mines, including research and development
testing licenses, in addition to the requirements of W.S.
35-11-427 through 35-11-436.
35-11-427. In situ mining permit; permit required;
authority of land quality division exclusive.
Application for an in situ mining permit shall be made to the
director. The director shall designate the land quality
administrator as his representative on all matters concerning
the application and all communications concerning review of and
final action on the application for land, air and water quality
divisions and solid waste management. Nothing herein shall be
construed to limit the authority of the director on making the
final decision on the permit application. No in situ mining
operation shall be commenced or conducted unless a valid mining
permit has been issued to the operator. Construction and
completion of wells may be authorized prior to issuance of a
mining permit or a research and development license pursuant to
W.S. 35-11-404(g).
35-11-428. In situ mining permit; requirements for
application; contents of application.
(a) Application for an in situ mining permit shall meet
the requirements of W.S. 35-11-406(a)(i) through (vi) and (viii)
through (xiv), and shall contain a description of the proposed
permit area including the following information relating to the
applicable in situ technology:
(i) Soils, vegetation, wildlife and surface
hydrologic information consistent with the extent and nature of
the proposed surface disturbance including descriptions of the
soil, indigenous wildlife, natural gamma radiation background
for lands to be impacted by radioactive materials, the
vegetative cover, meteorological information and a description
of any surface water and adjudicated water rights within the
proposed permit area or on adjacent lands;
(ii) Geologic and groundwater hydrologic information
including:
(A) A description of the general geology
including geochemistry and lithology of the permit area;
(B) A characterization of the production zone
and aquifers that may be affected including applicable
hydrologic and water chemistry data to describe the projected
effects of the mining activities.
(iii) A mine plan and a reclamation plan containing
the information required by W.S. 35-11-406(b)(ii), (iv) and
(viii) through (xix) and:
(A) A description of the mining techniques;
(B) A statement of the past, present and
proposed postreclamation use of the land, groundwater and
surface water;
(C) A site facility description of the typical
design criteria relevant to environmental protection;
(D) A contour map which locates proposed
equipment, facilities and appurtenances necessary to insure
environmental protection;
(E) An assessment of impact to water resources
on adjacent lands that may reasonably be expected and the steps
that will be taken to mitigate the impact;
(F) Plans and procedures for environmental
surveillance and excursion detection, prevention and control
programs;
(G) Procedures for land reclamation including
preparation procedures, proposed seeding lists and methods,
drainage reestablishment details, post-mining contour map,
methods to be used to conduct post-mining radiological
evaluations and the methods for mitigating any significant
subsidence which may occur as a result of the mining operation;
(H) Procedures for groundwater restoration; and
(J) Estimated costs of reclamation computed in
accordance with established engineering principles.
35-11-429. In situ mining permit; contents of permit.
(a) Every permit shall:
(i) Require the operator to give verbal notice of an
excursion to the administrator as soon as practical after the
excursion is confirmed, followed by reasonable written notice;
(ii) Authorize the administrator to terminate or
modify the mining operation if an excursion cannot be controlled
or mitigated within the constraints specified in the permit;
(iii) Authorize the council upon the recommendation
of the director to modify water quality criteria used for
groundwater restoration when information made available after
issuance of the permit warrants a modification;
(iv) Prohibit any significant change in mining
technique, method of operation, recovery fluid used, mining and
reclamation plans or other activities that would jeopardize
reclamation or protection of any waters of the state unless a
permit revision has been approved by the director pursuant to
this act;
(v) Contain other conditions and requirements
established by the director to employ the best practicable
technology in carrying out this act.
35-11-430. Duties of in situ mining operator; records;
annual report.
(a) The operator shall submit an annual report containing
the general categories of environmental protection and
reclamation information pursuant to W.S. 35-11-411.
(b) The operator shall maintain records at the mine site
of all information resulting from monitoring activities required
in the permit. The records shall state:
(i) The date, place, time and method of sampling and
the personnel responsible for sampling;
(ii) The date on which analysis was performed and the
personnel who performed the analysis;
(iii) Analytical techniques used; and
(iv) The results of the analysis.
35-11-431. Research and development license; renewal;
application.
(a) A special license to conduct research and development
testing may be issued by the administrator for a one (1) year
period without a permit and may be renewed annually. An
application for a research and development testing license shall
be accompanied by a fee of twenty-five dollars ($25.00) and
shall include:
(i) The information required by W.S. 35-11-406(a)(i)
through (vi), (viii) and (x);
(ii) A description of the nature and scope of the
testing activity, of general groundwater hydrology and general
geology including the production zone;
(iii) A statement of the present and proposed
postreclamation use of the land;
(iv) A reclamation plan which includes the method for
groundwater restoration, a statement of the type of vegetation
and manner of proposed revegetation or other surface treatment
of the affected area and an estimate of the costs of
reclamation;
(v) A timetable for the accomplishment of the
reclamation plan;
(vi) All requirements of W.S. 35-11-406(j) and 35-11-
406(p) or (q); and
(vii) Such other information as the administrator
deems necessary or as good faith compliance with the provisions
of this act requires.
35-11-432. Research and development license; grounds for
denial; appeal.
The administrator may deny the special license to conduct
research and development testing if he believes the application
violates the purpose of this act. The decision of the
administrator may be appealed through the director to the
council.
35-11-433. Research and development license; bond
required; release or forfeiture; review of license.
(a) If a special license to conduct research and
development testing is granted, the administrator shall require
the licensee to provide a bond in an amount necessary to insure
complete reclamation.
(b) A bond posted under the terms of this section shall be
released upon completion of the reclamation program and an
inspection by the administrator. Failure to comply with this act
shall result in forfeiture of the bond.
35-11-434. Research and development license; notice of
incomplete application; when application deemed complete.
The administrator shall notify an applicant within ninety (90)
days of submission of the application whether or not it is
complete. If an application is incomplete, the administrator
shall state in writing to the applicant the additional
substantive information required.
35-11-435. Records to be filed on completion; abandoned
drill holes.
(a) Upon completion of reclamation and abandonment by the
operator, the operator shall record with the state engineer's
office the location and nature of aquifers that have been
affected by the in situ operation.
(b) Any abandoned drill hole shall be subject to the
provisions of W.S. 35-11-404.
35-11-436. Existing in situ mining permits.
Any operator who possesses an in situ mining permit and license
to mine shall have a period of one (1) year within which to show
compliance with the requirements of W.S. 35-11-426 through
35-11-436.
35-11-437. Enforcement for surface coal mining operations.
(a) The director or his designated authorized
representative shall issue a cessation order covering that
portion of the operation relevant to the violation or hazard and
impose any necessary affirmative obligations if:
(i) On the basis of an inspection, it is determined
that a condition or practice exists, or violation is occurring,
which creates an imminent danger to the public or which is
causing or may reasonably be expected to cause significant,
imminent environmental harm to land, air or water resources; or
(ii) Any violation of this article, land quality
division regulations or permit conditions has not been abated
within the time specified in the notice for abatement described
in subsection (b) of this section, which period shall not exceed
ninety (90) days.
(b) The director or his designated authorized
representative shall issue a notice fixing a reasonable time for
abatement and impose any necessary affirmative obligations if:
(i) On the basis of an inspection, it is determined
that a permittee is in violation of this article, land quality
division regulations or any permit conditions; and
(ii) A cessation order is not required under
subsection (a) of this section.
(c) Any notice or order issued pursuant to this section
may be affirmed, modified, vacated or terminated by:
(i) The director or his authorized representative; or
(ii) The council, if the operator or any person
having an interest which is or may be adversely affected files a
petition for review within thirty (30) days of the receipt of
the notice or order. The council shall order any necessary
investigation and provide a public hearing, if requested. Any
public hearing shall be conducted as a contested case proceeding
in accordance with the Wyoming Administrative Procedure Act.
(d) The director or, in his absence, the administrator
shall affirm, modify, vacate or terminate any notice or order
issued pursuant to this section which results in or requires
cessation of mining within forty-eight (48) hours of its
issuance. If cessation is affirmed, the operator shall be
notified of the decision and be afforded an opportunity to
request a hearing within ten (10) days of the decision. If a
hearing is requested, the director shall fix a time and place
for hearing before the council within five (5) calendar days of
the request. The council shall affirm, modify or set aside the
director's decision within forty-eight (48) hours following the
adjournment of the hearing.
(e) Any notice or order issued pursuant to this section
may be temporarily stayed pending review by the council if
requested by the operator. Any request for a stay shall contain
a detailed statement giving reasons for granting the stay. The
council shall issue a decision granting or denying the stay in
accordance with rules and regulations promulgated by the
council.
(f) At the request of any person, a sum equal to the
aggregate amount of all costs and expenses (including attorney's
fees) as determined by the council to have been reasonably
incurred by the person for or in connection with his
participation in the proceedings, including any judicial review
of agency actions, may be assessed against either party as the
court or the council deems proper. This subsection shall apply
only to contested case proceedings or subsequent judicial review
proceedings under the provisions of this act relating to the
regulation of surface coal mining and reclamation operations in
accordance with P.L. 95-87, as that law is worded on August 3,
1977. For payments from the department:
(i) Repealed by Laws 1994, ch. 4, §§ 1, 2.
(ii) The contribution of a person who did not
initiate a proceeding shall be separate and distinct from the
contribution made by a person initiating the proceeding.
(iii) Repealed by Laws 1994, ch. 4, §§ 1, 2.
(g) Repealed by Laws 1994, ch. 4, § 2.
ARTICLE 5 - SOLID WASTE MANAGEMENT
35-11-501. Duties of the administrator of the solid and
hazardous waste management division.
(a) In addition to the other powers and duties enumerated
in this act, the director of the department through the
administrator of the solid and hazardous waste management
division shall coordinate the activities of all state agencies
concerned with solid waste management and disposal. The
administrator shall advise and consult with any person or
municipality with respect to provisions of technical assistance
in solid waste management technology, including collection,
storage and disposal.
(b) The administrator of the solid and hazardous waste
management division shall enforce and administer this article
and the rules, regulations and standards promulgated under this
article.
35-11-502. Solid waste management facilities permits;
term; renewals.
(a) No person, except when authorized under the permit
system established pursuant to this act, shall:
(i) Locate, construct, operate or close a solid waste
management facility; or
(ii) Modify the design, construction or operation of
a solid waste management facility.
(b) No permit for a solid waste management facility shall
be transferred without prior written approval of the director. A
permit for a solid waste management facility may be transferred
only to a person qualified to obtain and hold bonds or other
financial assurances required and who meets the management and
technical capability requirements under the rules and
regulations promulgated pursuant to this act.
(c) After the effective date of this act no person, except
upon a variance from paragraphs (i) through (iv) of this
subsection granted by the director upon recommendation of the
administrator after public hearing and upon written findings
that the variance will not injure or threaten to injure the
public health, safety or welfare, shall locate or construct a
solid waste management disposal facility larger than one (1)
acre within:
(i) One (1) mile of the boundaries of an incorporated
city or town;
(ii) One (1) mile of a public school except with the
written consent of the school district board of trustees or one
(1) mile of an occupied dwelling house except with the written
consent of the owner;
(iii) One-half (1/2) mile of the center line of the
right-of-way of a state or federal highway unless screened from
view as approved by the department; or
(iv) One-half (1/2) mile of a water well permitted or
certificated for domestic or stock watering purposes except with
written consent of the owner of the permit or certificate.
(d) No person shall accumulate solid waste at a permitted
solid waste management facility in excess of a quantity which
can be transferred, treated, processed, stored or disposed of
within ninety (90) days however, if the solid waste must be
transferred more than two hundred (200) miles, then one hundred
eighty (180) days.
(e) The administrator shall notify the applicant within
sixty (60) days of submission of the application whether or not
it is complete. If the administrator deems the application
incomplete, he shall so advise and state in writing to the
applicant the information required. All items not specified as
incomplete at the end of the first sixty (60) day period shall
be deemed complete for the purposes of this subsection.
(f) If the applicant resubmits an application or further
information, the administrator shall review the application or
additional information within sixty (60) days of each submission
and advise the applicant in writing if the application or
additional information is complete.
(g) After the application is determined complete, the
applicant shall give written notice of the application to the
county where the applicant plans to locate the facility and to
any municipalities which may be affected by the facility. The
applicant shall simultaneously cause to be published once a week
for two (2) consecutive weeks in a newspaper of general
circulation within the county where the applicant plans to
locate the facility notice of the proposed location, method and
length of operation, and such other information as the council
may require by rule and regulation. In addition, the council
may by rule require an applicant for a proposed permit or for
amendment to an existing permit to notify other affected persons
of the application and any other information required by the
council.
(h) The administrator shall review the application and
unless the applicant requests a delay advise the applicant in
writing within ninety (90) days from the date of determining the
application is complete, that a proposed permit is suitable for
publication under subsection (j) of this section, that the
application is deficient or that the application is denied. All
reasons for deficiency or denial shall be stated in writing to
the applicant. All items not specified as being deficient at
the end of the first ninety (90) day period shall be deemed
complete for the purposes of this subsection. If the applicant
submits additional information in response to any deficiency
notice, the administrator shall review such additional
information within thirty (30) days of submission and advise the
applicant in writing if a proposed permit is suitable for
publication under subsection (j) of this section, that the
application is still deficient or that the director has denied
the application.
(j) The applicant shall give written notice of the
proposed permit to the governing board of any county where the
applicant plans to locate the facility and to any governing
board of municipalities which may be affected by the facility.
The applicant shall simultaneously cause notice of the proposed
permit to be published in a newspaper of general circulation
within the county where the applicant plans to locate the
facility. The notice shall be published once a week for two (2)
consecutive weeks commencing within fifteen (15) days after
being notified by the administrator that the application is
suitable for publication. The notice shall contain information
regarding the identity of the applicant, the location of the
proposed operation, the method and length of the operation, the
location at which information about the application may be
obtained, and the location and final date for filing objections
to the application. In addition, the council may by rule
require an applicant for a proposed permit or for amendment of
an existing permit to notify other affected persons as
authorized under subsection (g) of this section.
(k) Any interested person has the right to file written
objections to the proposed permit with the director within
thirty (30) days after the last publication of the notice given
pursuant to subsection (j) of this section. If substantial
written objections are filed, a public hearing shall be held
within twenty (20) days after the final date for filing
objections unless a different period is deemed necessary by the
council. The council or director shall publish notice of the
time, date and location of the hearing in a newspaper of general
circulation in the county where the applicant plans to locate
the facility once a week for two (2) consecutive weeks
immediately prior to the hearing. The hearing shall be
conducted as a contested case in accordance with the Wyoming
Administrative Procedure Act, and right of judicial review shall
be afforded as provided in that act.
(m) The director shall render a decision on the proposed
permit within thirty (30) days after completion of the notice
period if no hearing is requested. If a hearing is held, the
council shall issue findings of fact and a decision on the
proposed permit within thirty (30) days after the final hearing.
The director shall issue or deny the permit no later than
fifteen (15) days from receipt of any findings of fact and
decision of the environmental quality council.
(n) Notwithstanding the requirements of subsections (f)
through (m) of this section, the council shall promulgate rules
to establish an alternate permitting procedure for low volume or
low hazard solid waste treatment, transfer, processing and
storage facilities. The rules shall identify classes or
categories of solid waste treatment, transfer, processing and
storage facilities which may be permitted using the alternate
permitting procedure. The alternate procedure may provide, as
determined by the council:
(i) For a single public notice by the applicant,
unless the application or permit is contested. If the
application or permit is contested the provisions of the Wyoming
Administrative Procedure Act regarding public notice shall
control;
(ii) That public notice shall be limited to
notification of interested parties within the area served by the
facility or the area where the facility is located;
(iii) For a single review by the department to
determine completeness and technical adequacy, which shall be
completed by the department within thirty (30) days of receipt
of an initial or revised application; and
(iv) For issuance of a final permit upon completion
of all alternate procedure notice and review requirements,
provided that any such permit shall be subject to appeal under
the provisions of this act.
(o) Effective July 1, 2012, the term for a new or renewed
municipal solid waste landfill permit shall be for the lifetime
of the solid waste landfill, through closure, not to exceed
twenty-five (25) years.
(p) Effective July 1, 2012, for any existing municipal
solid waste landfill permit, the next renewal permit shall be
converted to a lifetime municipal solid waste permit.
(q) If, during the operation of the municipal solid waste
landfill, the life of the municipal solid waste landfill is
anticipated to exceed the term specified in the permit, the
operator shall:
(i) Submit a municipal solid waste landfill permit
amendment which shall include updates on any necessary
provisions of the permit;
(ii) No later than three (3) years prior to the
expiration of the lifetime municipal solid waste landfill
permit, submit permit renewal information as required by the
department. The municipal solid waste landfill permit may be
renewed for another lifetime period, not to exceed twenty-five
(25) years.
(r) Notice and opportunity for hearing for an amended
municipal solid waste landfill permit shall be as provided for a
new municipal solid waste landfill permit under this section.
35-11-503. Authority to promulgate rules and regulations
for solid waste management facilities and for the management of
hazardous wastes.
(a) The director, upon recommendation from the
administrator after consultation with the water advisory board,
is authorized to recommend that the council promulgate rules,
regulations, standards and permit systems for solid waste
management facilities in order to protect human health and the
environment. The rules, regulations, standards and permit
systems shall govern the management of any waste, including
liquid, solid, or semisolid waste, which is managed within the
boundary of any solid waste management facility, and:
(i) Shall provide requirements as to facility
location, design, construction, operation, environmental
monitoring, cost effective corrective actions for active
facilities, closure, notices of public record, management and
technical capabilities of the applicant and post-closure care as
necessary to promote the purposes of this act;
(ii) Shall provide requirements for bonding or
financial assurance to assure that solid waste management
facilities will be constructed, operated and closed in
accordance with the purposes and provisions of this act and the
rules and regulations promulgated pursuant to this act;
(iii) Within ten (10) months after the effective date
of this act the council shall adopt rules and regulations to
implement this act and shall provide such reasonable time as may
be necessary, but in no event to exceed twenty-four (24) months
after the effective date of this act, for owners and operators
of solid waste management facilities to comply with the rules,
regulations, standards or permits;
(iv) Shall establish categories of solid waste
management facilities based on waste type, volume, facility
ownership, facility operation or other facility characteristics.
Standards and requirements for each category may vary as are
necessary to promote the purposes of this act;
(v) Shall provide for consistency and equivalency
with rules and regulations adopted by the United States
environmental protection agency under authority of Subtitle C of
the Resource Conservation and Recovery Act, P.L. 94-580, as
amended, for those facilities subject to such federal
requirements, provided that:
(A) The director after consultation with the
administrator may petition the council to promulgate rules and
regulations more stringent than federal rules if adequate cause
exists to determine that circumstances specific to the state
compel adoption of more stringent rules to adequately protect
the public health and environment of the state;
(B) The imposition of the rules under this
paragraph is consistent and equivalent with the imposition of
rules by the United States environmental protection agency,
except that the director after consultation with the
administrator may petition the council to determine for
individual permits or orders that adequate cause exists for
permit conditions or orders more stringent than federal
regulations;
(C) Nothing in this paragraph authorizes the
promulgation of rules which are not otherwise authorized in this
act.
(b) To the extent not already provided by subsection (a)
of this section and W.S. 35-11-504 and notwithstanding W.S.
35-11-424, the director shall, pursuant to this section or by
rule, require applicants for commercial radioactive waste
management facility permits to do the following:
(i) Upon the filing of the application, pay a fee to
be determined by the director, based upon the estimated cost of
investigating, reviewing and processing of the application.
Unused fees under this subsection shall be refunded to the
applicant;
(ii) No less than ten (10) months prior to submission
of an application for a commercial radioactive waste management
facility permit, submit a notice of intent to file a permit
application and a nonrefundable regulatory agency support fee in
the amount of one hundred thousand dollars ($100,000.00);
(iii) Upon receipt of a permit and the filing of each
annual report thereunder, pay an annual inspection and
monitoring fee to be determined by the director, based upon the
estimated costs of inspecting the facility and monitoring
compliance with the permit terms. Unused funds shall be
credited against the next annual inspection and monitoring fee;
(iv) Upon receipt of a permit, establish a long term
remediation and monitoring trust for the benefit of the
department in an amount sufficient to conduct perpetual
monitoring and maintenance of the permitted facility and to
remediate the release of any waste or waste constituent in
violation of the approved post-closure plan. The long term
remediation and monitoring trust may be initially funded by a
letter of credit, cash or sufficient bond excepting self-bonds.
The letter of credit, cash or bond shall be reduced by an amount
equal to the per ton fee levied and paid to the trust during the
prior year, provided:
(A) Facilities or portions thereof which the
United States government is required by law to accept ownership
and assume responsibility for perpetual monitoring, maintenance,
and remediation shall not be required to establish a long term
remediation and monitoring trust;
(B) Monies actually paid into the long term
remediation and monitoring trust on a per ton basis shall be a
credit against funds otherwise payable pursuant to W.S.
35-12-113(g)(i); and
(C) All expenses incurred by the department to
conduct perpetual monitoring and maintenance of the permitted
facility shall be paid by the permittee. The department may
contract for temporary professional services to monitor and
maintain the permitted facility and to assist in rulemaking.
(v) Reduce, to the extent determined by the director
to be technically and economically reasonable, the toxicity of
any waste managed at the facility; and
(vi) Follow post-closure land uses established for
the facility by the director.
(c) Unless and until the council adopts rules pursuant to
subsection (a) of this section, for commercial radioactive waste
management facilities or a particular classification of
commercial radioactive waste management facilities, the director
shall rely upon the performance criteria and standards of title
10, part 40, appendix A, and title 40, part 192, subpart D of
the Code of Federal Regulations, as of January 1, 1991, as
guidance for determining whether an application complies with
the act. Nothing in this subsection shall be construed to limit
the director's authority to impose permit requirements or
conditions or the council's authority to promulgate rules,
consistent with this act, which are more stringent than the
federal regulations referenced.
(d) The council shall, upon recommendation from the
director and the administrators of the air, water and solid and
hazardous waste divisions, promulgate rules and regulations
which are:
(i) Necessary for the state to obtain authorization
of its hazardous waste management regulatory program to operate
in lieu of the federal hazardous waste program administered
under subtitle C of the Resource Conservation and Recovery Act,
P.L. 94-580, as amended, provided that the council may not adopt
rules requiring imposition of administrative penalties for
hazardous waste violations; and
(ii) Subject to the limitations on stringency of
paragraph (a)(v) of this section, consistent with, and
equivalent to rules and regulations adopted by the United States
environmental protection agency under authority of subtitle C of
the Resource Conservation and Recovery Act, P.L. 94-580, as
amended.
35-11-504. Bonding for solid waste management facilities.
(a) The council, by rules and regulations, shall establish
bonding or financial assurance requirements for solid waste
management facilities to assure there are adequate sources of
funds to provide for cost effective:
(i) Closure costs, post-closure inspection and
maintenance costs, and environmental monitoring and control
costs, including but not limited to costs for:
(A) Removal and disposal of buildings, fences,
roads and other facility developments, and reclamation of
affected lands;
(B) Construction of any waste cover or
containment system required as a condition of any facility
permit;
(C) Removal and off-site treatment or disposal
of any wastes that are being stored or treated;
(D) Decontamination, dismantling and removal of
any waste storage, treatment or disposal equipment or vessels;
(E) Operating any environmental monitoring
systems or pollution control systems that are required as a
condition of any facility permit or by order of the director;
and
(F) Conducting, only for disposal facilities,
periodic post-closure inspections of cover systems, surface
water diversion structures, monitor wells or systems, pollutant
detection and control systems, and performing maintenance
activities to correct deficiencies that are discovered.
(ii) In the event of any discharge of pollution to
the air, land or to waters of the state which is in violation of
a permit, standard, rule or requirement established under the
provisions of this act, the estimated costs of remedying or
abating the violation or damages caused by the violation;
(iii) The bond established under paragraph (i) of
this subsection shall be available during the operating life and
throughout the post-closure care period of the solid waste
management facility to abate or remedy any violation of a
permit, standard, rule or requirement established under the
provisions of this act.
(b) The amount of any bond or financial assurance
requirement shall be established by the director in accordance
with procedures contained in rules and regulations of the
council, but shall not be less than an amount sufficient to
satisfy the purposes specified in subsection (a) of this
section.
(c) Rules and regulations of the council promulgated to
implement the bonding or financial assurance requirements of
this section shall exempt any solid waste management facility:
(i) Owned or operated by a municipality provided that
the facility is a participating facility under W.S.
35-11-515(o)(iii);
(ii) Owned and operated by the person disposing of
solid waste generated at the facility who annually demonstrates
to the director compliance with the financial responsibility
requirements of the Resource Conservation and Recovery Act, P.L.
94-580, as amended as of January 1, 1989;
(iii) Which is also subject to bonding or financial
assurance requirements under article 2, 3 or 4 of this act if
the director determines that the bond or financial assurances
under article 2, 3 or 4 satisfy the requirements of this
section;
(iv) Which is subject to bonding or financial
assurance requirements under W.S. 30-5-104(d)(i)(D), 30-5-129 or
30 U.S.C. 226(g) as amended as of January 1, 1989; or
(v) Owned or operated by an electric utility
disposing of solid waste generated by an electric generation
facility pursuant to a permit or license issued by the
department, provided that the exemption may be revoked by the
council upon petition of the director for a period of time
established by the council to secure remedial action in the
event of any discharge of pollution to the air, land or to
waters of the state which is in violation of a permit, standard,
rule or requirement established under the provisions of this
act.
(d) The council shall provide rules for the establishment
of a self-bonding program to be used if such a program will
provide protection consistent with the objectives and purposes
of article 5 of the act. In any such program, rules of the
council shall provide for a timely reappraisal of pledged
assets, require evidence of a suitable agent to receive service
of process, assure that pledged assets are not already pledged
for other projects, provide that pledged assets reside
continuously in the state of Wyoming and provide for
determination of the suitability of pledged assets.
(e) In lieu of a bond, the operator may deposit federally
insured certificates of deposit payable to the Wyoming
department of environmental quality, cash, government
securities, or irrevocable letters of credit issued by a bank or
a credit union organized to do business in the United States, or
all four (4). Irrevocable letters of credit deposited under this
subsection shall be issued by a bank that is insured by the
federal deposit insurance corporation or a credit union that is
insured by the national credit union administration.
(f) Any bond may be cancelled by the surety only after
ninety (90) days written notice to the director, and upon
receipt of the director's written consent, which may be granted
only when the requirements of the bond have been fulfilled.
(g) If the license to do business in Wyoming of any surety
upon a bond filed pursuant to this act is suspended or revoked
by any state authority then the operator, within thirty (30)
days after receiving notice thereof, shall substitute a good and
sufficient corporate surety licensed to do business in the
state. Upon failure of the operator to make substitution of
surety within a reasonable period of time, not to exceed sixty
(60) days, the director shall suspend the permit of the operator
to accept solid wastes until proper substitution has been made.
(h) Bond forfeiture proceedings shall occur only after the
department provides notice to the operator and surety pursuant
to W.S. 35-11-701 that a violation exists and the council has
approved the request of the director to begin forfeiture
proceedings.
(j) With the approval of the council the director may:
(i) Expend forfeited funds to remedy and abate the
circumstances with respect to which the bond was provided; and
(ii) Expend funds from the account under W.S.
35-11-424 to remedy and abate any immediate danger to human
health, safety and welfare.
(k) If the forfeited bond or other financial assurance
instrument is inadequate to cover the costs to carry out the
activities specified in subsection (a) of this section, or in
any case where the department has expended account monies under
subsection (j) of this section, the attorney general shall bring
suit to recover the cost of performing the activities where
recovery is deemed possible.
(m) When the director determines that the violation has
been remedied or the damage abated, the director shall release
that portion of the bond or financial assurance instrument being
held under paragraph (a)(ii) of this section. When the director
determines that closure activities have been successfully
completed at any solid waste management facility, the director
shall release that portion of the bond or financial assurance
instrument being held to guarantee performance of activities
specified in subparagraphs (a)(i)(A) through (E) of this
section. For solid waste management facilities other than
landfills for the disposal of municipal wastes, the remaining
portion of the bond or financial assurance instrument shall be
held for a period of not less than five (5) years after the date
of facility closure, or so long thereafter as necessary to
assure proper performance of any post-closure activities
specified in subparagraph (a)(i)(F) of this section. For
municipal solid waste management facilities, the period shall be
the minimum necessary to comply with P.L. 94-580. The retained
portion of the bond or other financial assurance instrument may
be returned to the operator at an earlier date if the director
determines that the facility has been adequately stabilized and
that environmental monitoring or control systems have
demonstrated that the facility closure is protective of public
health and the environment consistent with the purposes of this
act.
(n) No supplemental bond or financial assurance shall be
required of any facility, mine, permit or license subject to the
bond or financial assurance requirements of article 2, 3 or 4 of
this act, to meet the requirements of this section, for any
solid waste management facility used solely for the management
of wastes generated within the boundary of the permitted
facility or mine operation by the facility or mine owner or
operator, or from a mine mouth electric power plant or coal
drier.
35-11-505. Existing regulations remain in effect.
The Wyoming solid waste management rules and regulations,
promulgated by the council in 1975 and amended in 1980, shall
remain in effect until amended, repealed or otherwise revised by
the council.
35-11-506. Applications subject to penalty of perjury.
All applications submitted pursuant to this chapter shall be
signed under oath subject to penalty of perjury by the applicant
if an individual, by at least one (1) principal if the
application is for a partnership or joint venture, or by at
least two (2) principal officers if the application is for a
corporation.
35-11-507. Repealed by Laws 1990, ch. 102, § 1.
35-11-508. Recycling and processing requirements for
commercial solid waste management facilities.
(a) In recognition of the need to minimize unnecessary
uses of the land for solid waste management, to allow for an
effective ability for state oversight, regulation and inspection
of solid wastes intended to be managed in the state and to
conserve natural resources in accord with the policy and purpose
of this act, commercial solid waste management facilities shall
conform to the following operating practices:
(i) Solid wastes shall be screened by the facility
operator in a manner approved by the director to assure to the
maximum practical extent that wastes prohibited from disposal at
the facility are not managed or disposed of at the facility.
Management or disposal of any prohibited waste by a facility
shall be cause for the council to issue a cessation order
preventing continued receipt of solid wastes at the facility.
The order shall remain in effect until the director approves a
revised waste screening plan submitted by the facility operator
which the director deems sufficient to prevent receipt of wastes
prohibited from disposal at the facility;
(ii) Solid wastes shall be processed within the state
to facilitate inspections of processing by the department, and
removal and recovery of useful components of the waste stream as
required by this section, using processes found to be acceptable
in rules and regulations promulgated by the council including
but not limited to grinding, shredding, incineration or
composting;
(iii) Rules and regulations of the council shall
establish minimum acceptable removal and recovery rates for
useful components of the solid waste stream. Such rates may be
established for the facility as a whole, or may differ for
different components of the solid waste stream;
(iv) Following adoption by the council of rules and
regulations to implement this section, disposal of useful
components of the solid waste stream shall be prohibited at any
land disposal facility in the state;
(v) Residues remaining following processing,
separation and reclamation of useful components of the solid
waste stream shall be treated, stored or disposed in compliance
with the requirements of this act.
(b) For purposes of this section useful components of the
solid waste stream include but are not limited to energy, glass,
ferrous and nonferrous metals, paper products and organic
matter.
(c) Compliance with the requirements of this section for
commercial solid waste management facilities does not limit any
other requirements which may be applicable to such facilities
under the act, nor any applicable local rule or ordinance.
35-11-509. Lead acid batteries; land disposal prohibited.
(a) No person shall place a used lead acid battery in
mixed municipal solid waste, discard or otherwise dispose of a
lead acid battery except by delivery to an automotive battery
retailer or wholesaler, to a collection or recycling facility
authorized under the laws of Wyoming, or to a secondary lead
smelter permitted by the environmental protection agency.
(b) No automotive battery retailer shall dispose of a used
lead acid battery except by delivery to the agent of a battery
wholesaler, to a battery manufacturer for delivery to a
secondary lead smelter permitted by the environmental protection
agency, to a collection or recycling facility authorized under
the laws of Wyoming or to a secondary lead smelter permitted by
the environmental protection agency.
(c) Each battery improperly disposed of shall constitute a
separate violation.
(d) Each violation of this section is a misdemeanor
subject to a fine not to exceed one hundred dollars ($100.00).
35-11-510. Lead acid batteries; collection for recycling.
(a) A person selling lead acid batteries at retail or
offering lead acid batteries for retail sale in the state shall:
(i) Accept, at the point of transfer, in a quantity
at least equal to the number of new batteries purchased per
year, used lead acid batteries from customers, if offered by
customers; and
(ii) Post written notice which shall be at least
eight and one-half (8 1/2) inches by eleven (11) inches in size
and shall contain the universal recycling symbol and the
following language:
(A) It is illegal to discard a motor vehicle
battery or other lead acid battery;
(B) Recycle your used batteries; and
(C) State law requires us to accept used motor
vehicle batteries or other lead acid batteries for recycling in
exchange for new batteries purchased.
35-11-511. Automotive battery retailers required to post
notice; penalty.
The department shall produce, print and distribute the notices
required by W.S. 35-11-510 to all places where lead acid
batteries are offered for sale at retail. Failure to post the
required notice shall subject the establishment to a fine of one
hundred dollars ($100.00).
35-11-512. Lead acid battery wholesalers.
Any person selling new lead acid batteries at wholesale shall
accept, at the point of transfer, in a quantity at least equal
to the number of new batteries purchased per year, used lead
acid batteries from customers, if offered by customers. A
person accepting batteries in transfer from an automotive
battery retailer shall be allowed a period not to exceed one
hundred twenty (120) days to remove batteries from the retail
point of collection.
35-11-513. Penalties.
Violations of W.S. 35-11-510 and 35-11-512 are misdemeanors
subject to a penalty of up to seven hundred fifty dollars
($750.00).
35-11-514. Approval of commercial solid waste management,
commercial incineration and disposal facilities.
(a) No construction shall commence of, nor shall any
wastes be accepted or received at, any commercial solid waste
management facility, or any commercial waste incineration or
disposal facility subject to regulation under W.S.
35-12-102(a)(vii) unless the facility has been approved by
resolution of the board of county commissioners of the county
where the proposed facility is to be located. The county
commissioners shall hold one (1) or more public hearings before
making their decision. The county commissioners shall publish
notice of each hearing in a newspaper of general circulation in
the area of the proposed facility once each week for at least
two (2) consecutive weeks prior to the hearing. The board of
county commissioners may authorize a proposed facility upon
considering that the facility:
(i) Is necessary and meets industrial, socioeconomic
or municipal needs for additional capacity to manage wastes;
(ii) Reduces industry or municipal reliance on waste
management methods which would be less suitable for the
protection of the environment or public health than would be
possible by the proposed facility; and
(iii) Employs the best available technology to
protect public health, safety and the environment, and is
located so as to ensure maximum protection of public health,
safety and the environment as compared to other alternative
methods and locations.
(b) Nothing in this section shall be construed as
exempting any commercial solid waste management facility, or any
commercial waste incineration or disposal facility from any
other provision of this act or the Industrial Development and
Information Siting Act.
35-11-515. Account created for the guarantee of costs for
closure and post-closure care for municipally owned or operated
solid waste disposal facilities.
(a) There is created an expendable trust account to
provide a guarantee that adequate monies will be available to
close and conduct post-closure monitoring at municipal solid
waste disposal facilities, in compliance with the requirements
of this article and applicable federal law. Monies shall be paid
into and from the account in accordance with this section.
Interest earned on investments from the account shall be
credited back to the account.
(b) Any municipal solid waste disposal facility shall be
eligible to participate in the account but shall not be required
to participate. Participating facilities shall be eligible for
the guarantees provided in subsection (c) of this section.
Nonparticipating facilities shall not be eligible for the
guarantees provided in subsection (c) of this section.
Nonparticipating facilities may either separately or together,
take necessary action to comply with state or federal closure
and post-closure regulations.
(c) Participating facilities are exempt from any
requirement under W.S. 35-11-504(c) pertaining to financial
assurance requirements for closure and post-closure care of
municipal solid waste disposal facilities. The state hereby
guarantees, for purposes of compliance with subtitle D of the
Resource Conservation and Recovery Act, P.L. 94-580, and W.S.
35-11-504(a)(i), that the closure and post-closure care
requirements of participating facilities will be satisfied by
the provisions of this section.
(d) Each participating facility shall:
(i) Once every four (4) years prepare a closure and
post-closure cost estimate in accord with rules of the council;
or
(ii) Agree to use a standard closure and post-closure
cost estimate prepared by the director.
(e) Each participating facility shall once every four (4)
years calculate the remaining usable solid waste disposal
capacity available at the facility, expressed in years. The
procedures for calculating remaining capacity shall be
prescribed by the director, after consultation with
representatives of the participating facilities.
(f) Each participating facility shall pay annually into
the account a premium, the sum of which at facility closure will
equal no less than three percent (3%) of the sum of the closure
and post-closure costs estimates specified in subsection (d) of
this section.
(g) At any time following the proper certification of
facility closure in compliance with rules of the council, a
participating facility owner may apply to the director to
receive a refund of the closure guarantee costs which have been
paid into the account on behalf of the facility.
(h) At any time following the proper certification of the
conclusion of the post-closure period in compliance with rules
of the council, a participating facility owner may apply to the
director to receive a refund of the post-closure guarantee costs
which have been paid into the account on behalf of the facility.
(j) The council is authorized to adopt rules governing
payment requirements, expenditures from the account,
notifications by owners, disclosures of information, and any
other administrative matter associated with the account. Rules
of the council shall prescribe that participating facilities
electing to cease participating in the account, or applying for
refunds under subsection (g) or (h) of this section, shall be
entitled to a refund limited to ninety percent (90%) of the
actual contribution paid by the facility, less any expenditures
paid from the account on behalf of the facility which have not
been recovered under subsection (m) of this section.
(k) The director shall use the account to perform closure
or post-closure maintenance activities at any participating
facility, if the facility owner is unable to carry out those
responsibilities. The director, subject to appeal to the
council, shall determine the amounts of any expenditures from
the account.
(m) The attorney general shall file suit to recover any
funds expended under subsection (k) of this section.
(n) Nothing in this section shall relieve any owner or
operator of a solid waste management facility of the requirement
to comply with applicable closure or post-closure requirements
of this act. No third party cause of action is created by this
section. Existence of the account does not limit the liability
of any owner of a municipal solid waste disposal facility for
damages or costs which may occur as the result of any failure to
close, or conduct post-closure maintenance, in compliance with
this act.
(o) For the purpose of this section:
(i) "Account" means the account created by subsection
(a) of this section;
(ii) "Municipal solid waste disposal facility" means
a solid waste landfill or land disposal facility which is owned
or operated by a municipality and which receives any solid
wastes, including garbage, trash and sanitary waste in septic
tanks, derived from households and nonhazardous industrial
waste;
(iii) "Participating facility" means a municipal
solid waste disposal facility which elects to participate and is
participating in the account in accordance with the requirements
of this section.
35-11-516. Regulation of hazardous waste generators and
transporters.
(a) Each person who generates or transports hazardous
waste in an amount which would otherwise subject the person to
regulation under subtitle C of the Resource Conservation and
Recovery Act, P.L. 94-580, shall comply with the following
requirements:
(i) Each generator shall:
(A) Keep adequate records of quantities,
composition and disposition of the hazardous waste generated;
(B) Adequately label any containers used for the
storage, transport or disposal of hazardous waste;
(C) Use appropriate containers for hazardous
waste;
(D) Furnish information as may be required on
the general chemical composition and hazardous properties of
hazardous waste to persons transporting, treating, storing or
disposing the waste;
(E) Use the national hazardous waste shipping
manifest system, and employ any other reasonable means to assure
that the hazardous waste generated is shipped to and arrives at
the designated, authorized hazardous waste treatment, storage or
disposal facility;
(F) Submit reports to the department at least
once every two (2) years setting out:
(I) The quantities and nature of hazardous
waste generated during the year;
(II) The disposition of all hazardous waste
reported under this subsection;
(III) The efforts undertaken during the
year to reduce the volume and hazardous characteristics of
hazardous waste generated; and
(IV) The changes in volume and hazardous
characteristics of waste actually achieved during the year
reported in comparison with previous years.
(G) Certify, on the shipping manifest required
under this subsection, that:
(I) The generator of the hazardous waste
has a program in place to reduce the volume or quantity and
hazardous characteristics of the waste to the degree determined
by the generator to be economically practicable; and
(II) The proposed method of treatment,
storage or disposal is that practicable method currently
available to the generator that satisfies current regulatory
requirements and which minimizes the present and future threat
to human health and the environment.
(ii) Each transporter shall:
(A) Keep adequate records of hazardous waste
transported, its source and delivery points;
(B) Transport hazardous waste only if it is
properly labeled and manifested; and
(C) Transport hazardous waste only to the
hazardous waste treatment, storage or disposal facility which
the shipper designates on the manifest form, to be a facility
holding a permit issued by the United States environmental
protection agency, an authorized state or the department.
(b) The council shall, upon recommendation from the
director, promulgate rules and regulations to implement the
requirements of this section applicable to generators and
transporters of hazardous waste, and to fuels produced from
hazardous waste and mixtures of hazardous waste and other
materials. The rules shall be no more and no less stringent
than corresponding rules which have been adopted by the United
States environmental protection agency to implement sections
3002 and 3003 of subtitle C of the Resource Conservation and
Recovery Act.
35-11-517. Fees applicable to hazardous waste treatment,
storage and disposal facility operators.
(a) The department shall implement a permit fee system and
schedule of fees which are applicable to hazardous waste
treatment, storage and disposal facilities.
(b) Permit fees shall be collected from applicants for
permits for any facility subject to subsection (a) of this
section, and annually from those existing facilities for the
duration of the operating, closure and post-closure permit
period. The fees for applicants for permits and the annual fees
for inspection and enforcement shall be based on the facility
type and size. The department shall develop a fee structure
which, to the extent feasible, equitably apportions the
department's estimated costs of implementing the requirements of
this act applicable to the facilities, which is based on
measurable goals, and which is sufficient to recover the amount
reviewed by the joint appropriations interim committee and
appropriated by the legislature for implementing the hazardous
waste treatment, storage and disposal permitting program. The
fee amount shall be sufficient to provide adequate enforcement
of compliance with the hazardous waste requirements of this act,
as required in section 3006(b) of the Resource Conservation and
Recovery Act, 42 U.S.C. 6926(b). The department shall prepare a
biennium report for review by the joint minerals, business and
economic development interim committee by October 31 of the year
prior to the Wyoming legislative budget session.
(c) Fees shall cover all reasonable direct and indirect
costs including the costs of:
(i) Reviewing and acting upon any permit application,
including applications for major permit amendments;
(ii) Implementing and enforcing permits; and
(iii) Carrying out permit and inspection-related
functions performed by the department.
(d) The fees collected by the department pursuant to this
section shall be deposited in a separate account, and shall be
subject to appropriation by the legislature to the department
solely for permitting, conducting inspections under and
enforcing the requirements of this act governing facilities
subject to subsection (a) of this section.
(e) The department shall give written notice of the amount
of the fee to be assessed and the basis for the assessment to
the facility owner. The owner may appeal the assessment to the
council within forty-five (45) days after receipt of the written
notice. The appeal shall be based only upon the allegation that
the particular assessment is erroneous or excessive and shall
not be based upon the entire fee schedule adopted under this
section. The contested case procedures of the Wyoming
Administrative Procedure Act shall apply to any appeal under
this subsection.
(f) If any part of the assessment is not appealed it shall
be paid to the department upon receipt of the written notice.
(g) The department in developing a fee schedule shall take
into account the financial resources of small businesses as
defined by the United States small business administration.
(h) Nothing in this section shall be construed to limit or
modify any requirement of W.S. 35-11-503(b) with respect to fees
for commercial radioactive waste management facility permits.
(j) This section shall not become effective until
authorization of a state program pursuant to subtitle C of the
Resource Conservation and Recovery Act, P.L. 94-580.
35-11-518. Prior federal court orders and administrative
orders.
(a) The department may become a party to, or assume the
rights and duties of the federal government for, any federal
court order which has been issued pursuant to subtitle C of the
Resource Conservation and Recovery Act, P.L. 94-580, prior to
the effective date of the authorization of the state hazardous
waste program under that subtitle. Any person subject to a
prior federal court order issued pursuant to subtitle C of the
Resource Conservation and Recovery Act, shall not be subject to
any additional, conflicting or more restrictive remedial or
corrective action order or requirement under this act with
respect to the hazardous waste management unit, solid waste
management unit or area of concern that is the subject of the
federal court order, unless required to comply with new
requirements adopted under the Resource Conservation and
Recovery Act. If the department becomes a party to, or assumes
the rights and duties of the federal government for, any prior
federal court order, the department shall be governed by, and
subject to, the dispute resolution procedures of the federal
court which retains jurisdiction for the order and may, within
those procedures and under the law governing the federal order,
seek any remedy, change, amendment or other relief relating to
the order.
(b) The department may issue an administrative order which
is equivalent to any federal administrative order which has been
issued pursuant to subtitle C of the Resource Conservation and
Recovery Act, prior to the effective date of the authorization
of the state hazardous waste program under that subtitle. The
limitations regarding stringency contained in subsection (a) of
this section apply to orders issued under this subsection.
Following the issuance of any order under this subsection, any
disputes concerning implementation of the order shall be
resolved by appeal to the council as provided by this act. Any
person aggrieved or adversely affected in fact by a final
decision of the council is entitled to judicial review in
accordance with the Wyoming Administrative Procedure Act.
35-11-519. Hazardous waste corrective action requirements.
Corrective action requirements applicable to any hazardous waste
management facility shall be consistent with, and equivalent to,
corrective action requirements contained in rules and
regulations adopted by the United States environmental
protection agency under authority of subtitle C of the Resource
Conservation and Recovery Act, P.L. 94-580, as amended by the
hazardous and solid waste amendments of 1984, P.L. 98-616, and
as they may be hereafter amended.
35-11-520. Termination of state regulation of hazardous
waste generators and transporters; procedures.
(a) The department shall report to the legislature any
reduction in federal hazardous waste grant funds supplied to the
state under section 3011 of the Resource Conservation and
Recovery Act (42 U.S.C. 6931), which results in the need for
additional state funds, exclusive of fees under W.S. 35-11-517,
to administer W.S. 35-11-516 through 35-11-520.
(b) The provisions of W.S. 35-11-516 through 35-11-519
shall not be effective one hundred eighty (180) days after the
adjournment of the legislative session next following the
submission of a report under subsection (a) of this section,
unless the legislature appropriates the additional funds
required. The expiration of the state program pursuant to this
subsection shall be subject to the following:
(i) The annual fee collected by the department under
W.S. 35-11-517 shall be remitted to the facility owner on a
prorated basis upon termination of regulation by the state under
this section;
(ii) The department shall vacate any order issued to
any generator or transporter to enforce any provision of W.S.
35-11-516 through 35-11-519;
(iii) The state attorney general may continue to
prosecute any action based on alleged violations of W.S.
35-11-516 through 35-11-519 which was filed prior to the
adjournment of the legislative session referred to in subsection
(b) of this section.
35-11-521. Grants for municipal solid waste landfill
monitoring.
(a) Subject to the availability of funds, the director
shall provide grants toward the costs of performing activities
specified in subsection (b) of this section to local
governmental entities who own or are responsible for any
municipal solid waste landfill, for any project where a work
plan has been submitted to the department for work performed or
initiated after July 1, 2005.
(b) Grant funding under this section may be provided at
existing or closed municipal solid waste landfills for the
following activities:
(i) Conducting surface or subsurface geophysical
studies to determine proper monitor system placement and to
provide an indication of the presence or absence of groundwater
beneath and adjacent to the landfill;
(ii) Preparing plans for installation of systems to
monitor or detect releases of subsurface pollutants from
landfills;
(iii) Installing new monitor systems or upgrading
existing monitor systems to meet standards for the systems
established by the department under this article; and
(iv) Collecting and analyzing samples from monitor
systems installed under paragraph (iii) of this subsection, for
a period of time sufficient to determine if there have been
releases of subsurface pollutants from the landfill for any
landfill which ceased receipt of solid wastes before September
13, 1989.
(c) Grants for eligible costs under subsection (b) of this
section may be awarded:
(i) For up to fifty percent (50%) of the eligible
costs; or
(ii) For up to seventy-five percent (75%) of eligible
costs for applicants meeting the following criteria:
(A) Municipalities with a population of less
than one thousand three hundred (1,300) or which are located
within a county where the three (3) year average of the total
local government share of state sales and use tax per capita is
less than seventy percent (70%) of the statewide per capita
average; or
(B) Counties, solid waste disposal districts,
joint powers boards, and special purpose districts located
within a county with a total assessed valuation of less than two
and one-half percent (2.5%) of the state's total assessed
valuation.
35-11-522. Grant criteria; submission and review of grant
applications; recommendation from water and waste advisory
board; grant awards.
(a) Following public notice and hearing before the water
and waste advisory board, the department shall adopt criteria
for awarding grants under W.S. 35-11-521.
(b) When funds are available, applications for grants
under W.S. 35-11-521 shall be submitted in a form approved by
the department. The department shall review all grant
applications, determine the eligibility of projects in
accordance with W.S. 35-11-521 and provide recommendations for
grant funding to the water and waste advisory board.
(c) Following a public hearing, the water and waste
advisory board shall provide recommendations for grant awards to
the director.
(d) The director shall award grants in consideration of
recommendations provided by the water and waste advisory board.
(e) Repealed By Laws 2011, Ch. 110, § 3.
35-11-523. Annual report.
(a) Effective January 1, 2012, every operator shall file
an annual report with the administrator on or within thirty (30)
days prior to the anniversary date of each lifetime permit. The
report shall include:
(i) The facility name, the name and address of the
operator and the permit number;
(ii) A report in such detail as the administrator
shall require supplemented with maps, cross sections, aerial
photographs, photographs or other material indicating:
(A) The extent to which the landfill operations
have been carried out;
(B) The progress of all landfill work;
(C) The extent to which regulatory requirements,
expectations and predictions made in the original permit or any
previous annual reports have been fulfilled, and any deviation
there from, including but not limited to the capacity of
landfill used, the results of any environmental monitoring, any
remediation required or completed and the remaining usable
municipal solid waste landfill capacity.
(iii) A revised schedule or timetable of landfill
operations and an estimate of the available capacity to be
affected during the next one (1) year period.
(b) Upon receipt of the annual report the administrator
shall make such further inquiry as deemed necessary. If the
administrator objects to any part of the report or requires
further information he shall notify the operator as soon as
possible and shall allow a reasonable opportunity to provide the
required information, or take such action as necessary to
resolve the objection.
(c) Within forty-five (45) days after the receipt of the
annual report the administrator shall conduct an inspection of
the landfill. A report of this inspection shall be made a part
of the operator's annual report and a copy shall be delivered to
the operator.
(d) Within sixty (60) days after receipt of the annual
report, inspection report and other required materials, if the
administrator finds the annual report in order and consistent
with the landfill operation plan and solid waste management plan
as set forth in the permit, or as amended to adjust to
conditions encountered during landfill operations as provided by
law, the director shall determine if any adjustment is necessary
to the size of the bond required pursuant to W.S. 35-11-504.
35-11-524. Municipal solid waste landfill assessments;
priority list; monitoring.
(a) The department shall conduct an assessment of the
needs for municipal solid waste landfill monitoring and the
necessity for any remediation on leaking municipal solid waste
landfills in Wyoming.
(b) The department shall establish a priority list for
municipal solid waste landfills that need remediation. The
criteria used to establish this priority list shall be developed
and reviewed with the water and waste advisory board. The
criteria shall include, but not be limited to the:
(i) Type of leachate;
(ii) Volume of leachate;
(iii) Proximity of the leachate to the nearest
surface or ground water;
(iv) Ability of the responsible municipality to
remediate the contamination;
(v) The nature of contaminants in surface or ground
water affected by the municipal solid waste landfill, including
whether a contaminant is naturally occurring or manmade; and
(vi) Maximum contaminant levels.
(c) For high priority sites identified on the list
established under subsection (b) of this section, the department
shall work with the local managers of the high priority
municipal solid waste landfills to gather data necessary for the
report due under subsection (d) of this section.
(d) The department shall submit to the joint minerals,
business and economic development interim committee:
(i) No later than December 31, 2012, an initial
report describing an assessment of the clean-up costs at the
high priority municipal solid waste landfills;
(ii) No later than June 30, 2013, and annually
thereafter, a report including, but not limited to:
(A) Monitoring results;
(B) Remediation results;
(C) The assessment of the clean-up costs at
municipal solid waste landfills, including high, medium and low
priority landfills;
(D) Estimated high priority sites to be
addressed in the coming year;
(E) Orphan landfill sites information and data
as required pursuant to W.S. 35-11-525(e).
35-11-525. Orphan landfill sites.
(a) The director may expend funds contained within the
account for remediation of orphan landfill sites and the
performance of any other activity as defined in this article.
(b) As used in this section, "orphan landfill site" means:
(i) A landfill where the department determines:
(A) There is no viable party responsible for
causing or contributing to the landfill site; and
(B) The landfill site is not the result of
activities conducted on the site after September 13, 1989.
(ii) A landfill site, where the department determines
that the person responsible for the landfill cannot be
identified;
(iii) A landfill site where the department must take
prompt action to prevent hazards to human health or the
environment where a responsible party fails to act promptly.
(c) To the extent funds are available, the department may
expend funds from the account to conduct orphan landfill site
evaluations and testing, evaluate remedial measures, select
remediation requirements and construct, install, maintain and
operate systems to remedy contamination in accordance with a
remediation work plan prescribed by the director for the orphan
landfill site.
(d) Revenue to the account shall include any monies which
may be deposited in the account for use in identification,
characterization, prioritization, remediation and monitoring of
orphan landfill sites. The liability of the state to fulfill
the requirements of this section is limited to the amount of
funds available in the account.
(e) The department shall provide a report to the joint
appropriations interim committee and the joint minerals,
business and economic development interim committee. The report
shall be included in the report required under W.S. 35-11-524(d)
and shall include:
(i) The work completed on the identification,
characterization, prioritization, remediation and monitoring of
orphan landfill sites within the state;
(ii) The estimated funding need for the
identification, characterization, prioritization, remediation
and monitoring of orphan landfill sites within the state for:
(A) The next year or the next biennium, as
applicable; and
(B) The next ten (10) years.
(f) In any case under paragraph (b)(iii) of this section
where the department expends funds to remediate or contain
contamination resulting from a landfill, and where the
department has identified a responsible party, the responsible
party shall reimburse the department in an amount equal to two
(2) times the expenditure from the account. The attorney
general shall bring suit to recover the reimbursement amount
required in this subsection where recovery is deemed possible.
(g) For purposes of this section, "account" means the
account created under W.S. 35-11-515(a).
35-11-526. Performance based design and performance based
evaluation in consideration and approval of engineered
containment systems as part of municipal solid waste landfill
permits.
(a) A person submitting an application for a permit
pursuant to W.S. 35-11-502 which contains a performance based
design for a municipal solid waste landfill that does not
incorporate an engineered containment system utilizing a
composite liner and leachate collection system, shall submit a
report with the application. The report shall contain the
applicant's findings as to the proposed performance based
design's compliance with applicable state and federal laws and
regulations. The report shall contain scientific and
engineering data supporting the implementation of the proposed
design.
(b) In reviewing scientific and engineering data related
to a permit application and report containing a performance
based design which does not incorporate an engineered
containment system utilizing a composite liner and leachate
collection system, the administrator shall prepare a detailed
performance evaluation based on applied scientific and
engineering data that adheres to W.S. 35-11-527. The
administrator shall determine in the performance evaluation
whether to validate or invalidate the performance based design
or an alternative performance based standard for landfill design
contained in the permit application. The administrator shall
base the performance based evaluation on acceptable applied
scientific and engineering data and an analysis of that data
using statistical procedures, including statistical power, when
applicable.
(c) The applicant or other interested party may appeal the
administrator's determination contained in a performance based
evaluation of a permit pursuant to W.S. 35-11-502. If the
council determines that the performance based evaluation does
not accurately or adequately identify and evaluate all the data
and criteria required under this section and W.S. 35-11-527, the
council shall direct the administrator to reevaluate his
determination. A decision by the council that the performance
based evaluation is accurate and adequate shall be a final
decision of the agency pursuant to the Wyoming Administrative
Procedure Act.
35-11-527. Performance based design evaluation criteria
for municipal solid waste landfill units.
(a) New municipal solid waste landfill units and lateral
expansions approved by the administrator under W.S. 35-11-502
and 35-11-526 shall be constructed:
(i) In accordance with a performance based design
approved by the administrator in a performance based evaluation
pursuant to W.S. 35-11-526. Any performance based design
approved must ensure that the concentration values for
pollutants listed in the National Primary Drinking Water
Regulations, 40 C.F.R. Part 141, will not be exceeded in the
uppermost aquifer at the relevant point of compliance as
determined under subsection (c) of this section; or
(ii) With an engineered containment system that
utilizes a composite liner and a leachate collection system that
is designed and constructed to maintain less than a thirty (30)
centimeter depth of leachate over the liner.
(b) When approving a design that complies with paragraph
(a)(i) of this section, in addition to the requirements of W.S.
35-11-526 the administrator shall consider other relevant
factors, including, but not limited to:
(i) The hydrogeologic characteristics of the facility
and surrounding land;
(ii) The climatic factors of the area; and
(iii) The physical and chemical characteristics and
volume of the leachate.
(c) The relevant point of compliance specified by the
administrator for the allowable concentration values for
pollutants under paragraph (a)(i) of this section shall be no
more than one hundred fifty (150) meters from the waste
management unit boundary and shall be located on land owned by
the owner of the municipal solid waste landfill. In determining
the relevant point of compliance, the administrator shall
consider at least the following factors:
(i) The hydrogeologic characteristics of the facility
and surrounding land;
(ii) The physical and chemical characteristics and
volume of the leachate;
(iii) The quantity, quality and direction of flow of
ground water in the area;
(iv) The proximity and withdrawal rate of ground
water users;
(v) The availability of alternative sources of
drinking water supplies;
(vi) The existing quality of the ground water,
including other sources of contamination and their cumulative
impacts on the ground water and whether the ground water is
currently used or reasonably expected to be used for drinking
water;
(vii) Public health, safety and welfare effects; and
(viii) Practicable capability of the owner or
operator.
35-11-528. Municipal solid waste facilities cease and
transfer program created; criteria for grants and loans; loan
terms; availability of other state funding sources.
(a) There is created the municipal solid waste facilities
cease and transfer program. Grants and loans under the program
shall be awarded by the state loan and investment board. The
program shall be administered by the solid and hazardous waste
division of the department of environmental quality with the
input of the waste and water advisory board as provided in W.S.
35-11-528 through 35-11-531.
(b) Grants and loans shall be made from the municipal
solid waste facilities cease and transfer accounts for all cease
and transfer activities as provided in this section and by rule
and regulation of the board. Grants and loans shall be made
for:
(i) Capping of a closed landfill;
(ii) Other closure related expenses including
engineering, geological and other professional services;
(iii) Construction or acquisition of appropriate
solid waste transfer facilities and equipment, including
acquisition of real property.
(c) Total costs of cease and transfer activities for a
municipal solid waste facility shall be determined by the
department in consultation with the local municipal solid waste
facility operator. Grants shall be awarded in an amount
determined by the state loan and investment board after
consultation with the department and pursuant to the criteria
contained in subsection (d) of this section. A municipal solid
waste facility which is ceasing operations shall be eligible to
receive loans for the costs of cease and transfer activities not
funded by a grant pursuant to subsection (e) of this section.
(d) Except as provided in subsection (h) of this section,
grants and loans for cease and transfer activities shall be
awarded in an amount determined by the state loan and investment
board not to exceed seventy-five percent (75%) of the total cost
of all cease and transfer activities of the municipal solid
waste facility. The state loan and investment board shall base
its determination of the percentage of grants and loans awarded
for cease and transfer projects under the program on an
equitable distribution of available funds among eligible
municipal solid waste landfills and rules and regulations
adopted pursuant to W.S. 35-11-530. To be eligible for funding
under the program the following criteria shall be met:
(i) The local operator enters into a written
agreement with the department to meet all regulatory obligations
under the program;
(ii) The local operator implements and revises the
community's solid waste management plan as necessary to comply
with all regulatory obligations;
(iii) The local operator ceases disposal of all
municipal solid waste streams at the closed municipal solid
waste facility;
(iv) The local operator conforms to the requirements
of W.S. 35-11-532;
(v) The local operator:
(A) Ceases disposal into units and facilities
regulated under this article which do not have engineered
containment systems or do not conform to performance based
design standards; or
(B) Obtains department approval, that shall
include a time period determined appropriate by the department
for operation, to:
(I) Transfer and dispose municipal solid
waste into permitted units and facilities regulated by the
department which do not have engineered containment systems or
do not conform to performance based design standards, for the
purpose of closing the facility that is transferring municipal
solid waste; and
(II) Increase the rate at which municipal
solid waste is accepted for disposal into permitted units and
facilities regulated by the department which do not have
engineered containment systems or do not conform to performance
based design standards, for the purpose of promoting the early
closure of the receiving facility or facilities. If the
department grants approval under this subparagraph the
receiving facility shall not be allowed to enlarge or extend the
life of its facility except in furtherance of becoming a
facility with an engineered containment system or conforming to
performance based design standards.
(e) Loans may be made under the program at zero interest
rate, up to an annual interest rate equal to the average prime
interest rate as determined in accordance with this subsection.
Loans provided under the program shall be adequately
collateralized as determined by the state loan and investment
board. Principal and interest payments shall be deposited in the
general fund. The state loan and investment board shall
establish interest rates to be charged for loans under the
program, but the interest rate shall not exceed an annual
interest rate equal to the average prime interest rate as
determined by the state treasurer. To determine the average
prime interest rate, the state treasurer shall average the prime
interest rate for at least seventy-five percent (75%) of the
thirty (30) largest banks in the United States. The interest
rate shall be adjusted on January 1 of each year. Interest
rates shall be established in recognition of the repayment
abilities and needs of the local municipal solid waste facility
operator eligible for loans under the program. The state loan
and investment board shall establish loan amortization
schedules, terms and conditions for each loan approved based on
an applicant's need, financial condition of the landfill
operator or the entity responsible for solid waste funding, the
projected life of the transfer facility and the ability of that
entity to repay the loan in a timely manner.
(f) Participation in the program shall not restrict
funding for a municipal solid waste facility from any other
program created or supported by the state.
(g) Funds under the program shall not be expended on:
(i) Salaries or benefits for employees of the
municipal solid waste facility;
(ii) Long-term monitoring at a closed municipal solid
waste facility or a closed cell of a still operating municipal
solid waste facility;
(iii) Operational costs of municipal solid waste
facilities.
(h) Upon a showing that a local operator has exhausted all
reasonably available funding sources, the director may recommend
to the state loan and investment board funding in the form of
grants and loans for up to one hundred percent (100%) of the
total cost of cease and transfer activities of the municipal
solid waste facility. In addition to the requirements contained
in subsection (d) of this section, the state loan and investment
board shall base its determination of a grant or loan award
under this subsection on whether the local operator:
(i) Has any additional funding sources reasonably
available to allocate to project costs;
(ii) Is charging sufficient gate or use fees to fully
fund the operational costs of transfer facilities constructed
under the program.
35-11-529. Municipal solid waste facilities cease and
transfer accounts created; authorized expenditures from the
accounts.
(a) There is created the municipal solid waste cease and
transfer grant account. Monies from the account shall be
awarded for grants to fund approved activities pursuant to W.S.
35-11-528. Interest earned by this account shall be deposited
in the general fund. Notwithstanding W.S. 9-2-1008, 9-2-1012(e)
and 9-4-207(a), funds deposited in this account shall not revert
without further action of the legislature.
(b) There is created the municipal solid waste cease and
transfer loan account. Monies from the account shall be awarded
for loans to fund approved activities pursuant to W.S. 35-11-
528. Interest earned by this account shall be deposited in the
general fund. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-
4-207(a), funds deposited in this account shall not revert
without further action of the legislature.
35-11-530. Rules and regulations.
(a) The state loan and investment board in consultation
with the department of environmental quality shall promulgate
rules and regulations necessary to administer the municipal
solid waste facility cease and transfer program. Those rules
shall include:
(i) Criteria for eligibility under the program based
on W.S. 35-11-528(d);
(ii) Specific cease and transfer activities which are
eligible for funding under the program;
(iii) Application form and procedure under the
program;
(iv) Criteria for grant and loan prioritization based
on:
(A) Funding availability;
(B) Cost efficiencies achieved by allocation of
resources;
(C) Opportunities for increased cost sharing
between cease and transfer actions at multiple leaking municipal
solid waste facilities;
(D) Timeliness of cease and transfer actions in
reducing risk to public health, safety and welfare or the
environment;
(E) Remaining life of the existing municipal
solid waste facility;
(F) Whether the proposed actions are a cost-
effective alternative in accordance with the integrated solid
waste management plan approved for the municipal solid waste
facility;
(G) Whether the proposed action is reasonable
and appropriate for the current and projected volumes of all
solid waste for the area served by the facility;
(H) Whether the proposal contains recycling and
other forms of waste diversion as a component of the proposed
facilities and management practices; and
(J) The likelihood that the cease and transfer
actions will reduce or eliminate the threat posed to public
health, safety and welfare or the environment by continuing
releases.
35-11-531. General permit for cease and closure for small
landfills; rulemaking authority.
(a) The department shall develop a general permit in
accordance with W.S. 35-11-801(d) for closing municipal solid
waste landfills with a total surface area of less than thirty
(30) acres, and shall provide assistance to municipalities in
the general permitting process. The general permit shall comply
with federal requirements for municipal solid waste landfill
closure and post-closure.
(b) The department shall provide assistance for permitting
municipal solid waste transfer facility activities at closing
municipal solid waste landfills with a total surface area of
less than thirty (30) acres.
(c) The department shall promulgate rules and regulations
necessary to achieve the purposes of this section.
(d) Repealed by Laws 2019, ch. 186, § 2.
35-11-532. Municipal solid waste facility operator
financial responsibility; penalties.
(a) Municipal solid waste facility operators shall ensure
continued revenue or funding streams sufficient to provide for
all foreseeable costs of the facility, including but not limited
to the full costs of:
(i) Operations;
(ii) Monitoring;
(iii) Recycling, composting and other diversion
activities;
(iv) Closure; and
(v) Post-closure activities.
(b) On or before January 1, 2014 and at least once every
four (4) years thereafter, municipal solid waste facility
operators shall submit to the department written documentation
demonstrating compliance with subsection (a) of this section.
(c) Municipal solid waste facility operators shall employ
accounting principles pursuant to the Uniform Municipal Fiscal
Procedures Act, W.S. 16-4-101 through 16-4-125, which recognize
liabilities associated with:
(i) Closure and post-closure costs; and
(ii) The long-term cost of waste disposal compared to
recycling, composting or other diversion activities.
(d) Compliance with this section shall be a prerequisite
for eligibility for any state grant and loan program available
to a municipal solid waste facility and state funding for solid
waste landfill monitoring and remediation.
35-11-533. Municipal solid waste landfill remediation
program created; purpose.
(a) There is created the municipal solid waste landfill
remediation program. The program shall be administered by the
solid and hazardous waste division of the department of
environmental quality with the input of the waste and water
advisory board as provided in W.S. 35-11-533 through 35-11-537.
(b) The legislature recognizes the threat to the public
health, safety, welfare and the environment caused by pollution
to soil and water from leaking municipal solid waste landfills.
The purpose of this program is to take state primacy of the
municipal solid waste landfill remediation program and to
provide funding to take remediation actions at eligible leaking
municipal solid waste landfills.
35-11-534. Program criteria; requirements for local
operator.
(a) The department shall contract with entities, including
contractors and local operators, to provide monitoring and
remediation activities, including but not limited to groundwater
remediation and monitoring, methane mitigation and monitoring
and landfill capping, at eligible leaking municipal solid waste
landfills. The department shall oversee and fund up to seventy-
five percent (75%) of the cost of the investigation of
contamination, the design and installation of monitoring and
remediation systems and the operation and maintenance of
monitoring and remediation systems for up to ten (10) years.
The department may operate and maintain a system for a longer
period of time in consideration of site specific circumstances.
The period of time during which the department shall have
responsibility for the monitoring and remediation activities at
a leaking municipal solid waste landfill shall be communicated
to the local operator prior to installation of the monitoring
and remediation systems.
(b) The department shall contract for monitoring and
remediation activities under the program at leaking municipal
solid waste landfills based upon the priority list of landfills
developed pursuant to W.S. 35-11-524 and other factors as
provided in W.S. 35-11-536(a)(iv). The department shall update
the priority list of leaking landfills requiring monitoring and
remediation activities periodically as conditions warrant and
may consider all relevant factors when developing and updating
the priority list.
(c) To be eligible for enrollment under the program, the
local operators of a leaking municipal solid waste landfill
shall:
(i) Enter into a written agreement with the
department to meet all regulatory obligations under the program;
(ii) Implement and revise the community's solid waste
management plan as necessary to comply with all regulatory
obligations;
(iii) Cease disposal of all waste streams at a
leaking closed facility or the leaking portion of an operating
facility which is undergoing remediation activities pursuant to
department rules and regulations and the written agreement
between the department and the local operator;
(iv) Cease disposal into units and facilities
regulated under this article which do not have engineered
containment systems or do not conform to performance based
design standards;
(v) Agree to provide funding from any available
funding source for at least twenty-five percent (25%) of the
total costs of monitoring and remediation under the program;
(vi) Control the source of releases of pollution so
as to reduce or eliminate further releases from the leaking
municipal solid waste landfill;
(vii) Ensure continued revenue or funding streams
sufficient to provide for all foreseeable costs of solid waste
facilities under the control of the local operator or political
subdivision, including but not limited to the full costs of:
(A) Operations;
(B) Monitoring;
(C) Recycling, composting and other diversion
activities;
(D) Closure; and
(E) Post-closure activities.
(viii) Employ accounting principles in managing all
solid waste facilities under the control of the local operator
or political subdivision, pursuant to the Uniform Municipal
Fiscal Procedures Act, W.S. 16-4-101 through 16-4-125, which
recognize liabilities associated with:
(A) Closure and post-closure costs; and
(B) The long-term cost of waste disposal
compared to recycling, composting or other diversion activities.
(d) In carrying out monitoring and remediation activities
under the program the department has the right to construct and
maintain any structure, monitor well, recovery system or any
other reasonable and necessary item associated with taking
remediation and monitoring actions.
(e) The department shall notify the affected public of all
confirmed releases requiring a plan for remediation, and upon
request, provide or make available to the interested public
information concerning the nature of the release and the
remediation actions planned or taken.
(f) The department shall delegate and authorize a local
operator to conduct or oversee monitoring and remediation under
the program pursuant to a written agreement between the
department and the local operator acknowledging that the local
operator shall adhere to all regulatory requirements of the
program in conducting monitoring and remediation activities.
The department shall approve the local operator's monitoring and
remediation plan prior to authorizing the local operator to
conduct or oversee the monitoring and remediation program. The
department shall take all actions necessary to ensure that a
local operator granted authority to conduct or oversee
monitoring and remediation activities under this subsection
complies with all regulatory requirements of the program.
35-11-535. Municipal solid waste landfill remediation
account; authorized expenditures from the account.
(a) There is created the municipal solid waste landfill
remediation account. The department shall use monies from the
municipal solid waste landfill remediation account as
appropriated by the legislature for the administration of the
program. Interest earned by this account shall be deposited in
the general fund. Notwithstanding W.S. 9-2-1008, 9-2-1012(e)
and 9-4-207(a), funds deposited in this account shall not revert
without further action of the legislature.
(b) For a leaking municipal solid waste landfill to be
eligible for use of monies in the account, the owner or operator
of the site shall comply with all requirements of the program
and regulations of the council adopted pursuant to W.S.
35-11-536.
(c) In addition to expenditures from the account
authorized by W.S. 35-11-534(a), the department shall issue a
credit in an amount not to exceed the local operator's
twenty-five percent (25%) share required by W.S. 35-11-534(c)(v)
of the total cost of eligible remediation and monitoring
activities provided in W.S. 35-11-534(a), for past remediation
and monitoring expenses incurred by the local operator as
specified in this subsection. The department shall issue
credits under this subsection for costs incurred by a local
operator for remediation and monitoring activities from the
account if:
(i) A work plan for the remediation and monitoring
activities was submitted to and approved by the department;
(ii) The remediation and monitoring activities were
initiated after July 1, 2006;
(iii) The local operator of a municipal solid waste
landfill provides the department with an accurate accounting of
the costs of remediation and monitoring activities conducted at
the municipal solid waste landfill after July 1, 2006 and the
department determines that those remediation and monitoring
activities would be eligible for funding if they had been
performed under the program;
(iv) The local operator conducts additional
remediation and monitoring activities at the leaking municipal
solid waste landfill which are eligible for funding under W.S.
35-11-534(a) on or after July 1, 2013; and
(v) A credit issued under this subsection shall not
exceed an amount equal to seventy-five percent (75%) of the cost
incurred by the local operator for eligible remediation and
monitoring activities after July 1, 2006.
(d) Repealed by Laws 2015, ch. 47, § 2.
35-11-536. Rules and regulations.
(a) The council shall promulgate rules and regulations
necessary to administer the program after recommendation from
the director of the department, the administrator of the solid
and hazardous waste division and the water and waste advisory
board. The rules shall include but shall not be limited to
rules and regulations which:
(i) Provide for landfill monitoring and remediation
system design, construction, installation and monitoring
standards which shall be no less stringent than federal
requirements;
(ii) Specify the requirements for delegating
installation or modification inspection authority including but
not limited to requirements for contractors and local operators;
(iii) Establish a procedure or procedures for
reporting any release from a municipal solid waste landfill;
(iv) Include provisions under which priorities for
remediation actions shall be established in addition to the
priority list created pursuant to W.S. 35-11-524. Those
priorities shall be established considering, but not limited to,
the following factors:
(A) Funding availability;
(B) Cost efficiencies achieved by allocation of
resources;
(C) Opportunities for increased cost sharing
between monitoring and remediation actions at multiple leaking
municipal solid waste landfills;
(D) Timeliness of remediation in reducing risk
to public health, safety and welfare or the environment;
(E) The likelihood that the remedy will reduce
or eliminate the threat posed to public health, safety and
welfare or the environment by continuing releases; and
(F) Whether the facility has completed closure
and transfer actions at the leaking municipal solid waste
facility. Priority shall be given to solid waste facilities
which have completed closure and transfer actions.
(v) Require records for compliance with repairs and
upgrades to be maintained for the operational life of the
landfill remediation and monitoring system;
(vi) Create requirements for participation in the
program and for the return of the facility to local control
pursuant to W.S. 35-11-534(a); and
(vii) Specify standards for restoration of the
environment.
35-11-537. Restoration standard.
Any owner or operator, the department or other person taking a
corrective action shall restore the environment to a condition
and quality consistent with standards established in rules and
regulations.
ARTICLE 6 - VARIANCES
35-11-601. Applications; authority to grant; hearing;
limitations; renewals; judicial review; emergencies.
(a) Any person who owns or is in control of any real or
personal property, any plant, building, structure, process or
equipment may apply to the administrator of the appropriate
division for a variance from any rule, regulation, standard or
permit promulgated under this act. A variance may be granted
upon notice and hearing. The administrator shall give public
notice of the request for a variance in the county in which such
real or personal property, plant, building, structure, process
or equipment is in existence for which the variance is sought.
The notice shall designate who has applied for the variance and
the nature of the variance requested and the time and place of
hearing and shall be published in a newspaper of general
circulation in said county once a week for four (4) consecutive
weeks prior to the date of the hearing. The cost of publication
shall be paid by the person applying for the variance. The
administrator of the division shall promptly investigate the
request, consider the views of the persons who may be affected
by the grant of the variance, and all facts bearing on the
request, and make a decision with the approval of the director
within sixty (60) days from the date the hearing for a variance
is held.
(b) If the variance is granted on the ground that there is
no practicable means known or available for the adequate
prevention, abatement or control of the pollution, or mining
operation involved, it shall continue in effect only until the
necessary means for prevention, abatement or control become
known and available, and subject to the taking of any substitute
or alternate measures that the director may prescribe.
(c) If the variance is granted on the ground that
compliance with the particular requirement or requirements from
which variance is sought will necessitate the taking of measures
which, because of their extent or cost, must be spread over a
considerable period of time, it shall be for a period not to
exceed such reasonable time as, in the view of the director is
requisite for the taking of the necessary measures. A variance
granted on the ground specified herein shall contain a timetable
for the taking of action in an expeditious manner and shall be
conditioned on adherence to such timetable.
(d) A variance may be granted by the council from
standards established by the council for sulfur oxide emissions,
if the council determines that the state of the technology for
removal of sulfur oxides from the stack gasses is insufficiently
advanced to achieve the objective level without causing undue
economic hardship on the owner of the facility or the consumer
of the product produced by the facility or if the council
determines that the developing technology offers promise that
superior equipment might, in the near future, be available which
would render presently available equipment obsolete and that the
best interests of the state would be served by the issuance of
the variance. In considering such a variance, the council must
consider the health and well being of the citizens in the
vicinity of the facility and the effect upon livestock and
agricultural production in the area. In no event shall the
variance permit emissions less stringent than existing federal
standards covering the emission of sulfur oxides. Each
application for a variance will be issued on a case by case
basis considering the state of the technology at the time of
each application.
(e) If the variance is granted on the ground that it is
justified to relieve or prevent hardship of a kind other than
that provided for in subsections (b), (c) and (d) of this
section, it shall be for not more than one (1) year.
(f) Any variance granted pursuant to this section may be
renewed on terms and conditions and for periods which would be
appropriate on initial granting of a variance. If complaint by
an aggrieved party is made to the director on account of the
variance, no renewal thereof shall be granted, unless following
public hearing on the complaint on due notice, the council finds
that renewal is justified. No renewal shall be granted except on
application therefor. Any such application shall be made at
least sixty (60) days prior to the expiration of the variance.
(g) Any variance or renewal thereof granted by the
director pursuant to this section shall become final unless
within thirty (30) days after date of notice as provided in
subsection (a) of this section an aggrieved party as defined by
this act in writing may request a hearing before the council.
Upon the filing of such a request for a hearing, the variance
shall be stayed pending the council's final determination
thereon.
(h) If, after a hearing held pursuant to this section, the
council finds that a variance is required, it shall affirm or
modify the order previously issued by the director or issue an
appropriate order for variance as it deems necessary. If, after
a hearing held pursuant to this section, the council finds that
there is no need for a variance, it shall rescind the issuance
of a variance.
(j) In connection with any hearing held pursuant to this
section, the council has the power and upon application by any
aggrieved party, it has the duty to compel the attendance of
witnesses, and the production of evidence on behalf of all
parties.
(k) Any aggrieved party adversely affected by a variance
or renewal of same or the denial of same may obtain judicial
review thereof in the manner prescribed by the Wyoming
Administrative Procedure Act.
(m) Failure to comply with the conditions imposed by any
variance shall be cause for modification or termination of the
variance by the director.
(n) Nothing in this section and no variance or renewal
granted pursuant hereto shall be construed to prevent or limit
the application of the emergency provisions and procedures of
W.S. 35-11-115 to any person or property.
(o) Nothing in this section shall be construed to permit
an application for a water variance. The application for water
permits must be made solely under the provisions of W.S.
35-11-302.
(p) Nothing in this act or regulations under this act
shall be construed to permit an application for a variance which
would result in less stringent land use or environmental
controls or regulations of surface coal mining and reclamation
operations than authorized by P.L. 95-87, as that law is worded
on August 3, 1977, or the federal regulations promulgated
pursuant thereto.
(q) In order to encourage advances in mining and
reclamation practices or to allow post-mining land use for
industrial, commercial, residential or public use (including
recreational facilities), the director, with approval by the
secretary of the interior, may authorize departures in
individual cases on an experimental basis from the environmental
protection performance standards promulgated by the council
under this act. Such departures may be authorized if:
(i) The experimental practices are potentially more
or at least as environmentally protective, during and after
mining operations, as those required by promulgated standards;
(ii) The mining operations approved for particular
land-use or other purposes are not larger or more numerous than
necessary to determine the effectiveness and economic
feasibility of the experimental practices; and
(iii) The experimental practices do not reduce the
protection afforded public health and safety below that provided
by promulgated standards.
(r) The secretary of interior, acting through the office
of surface mining reclamation and enforcement, shall assist the
state in the development of a state program for surface coal
mining and reclamation operations which meet the requirements of
this act and P.L. 95-87, and at the same time, reflect local
requirements and local environmental and agricultural
conditions.
ARTICLE 7 - COMPLAINTS
35-11-701. Complaint; investigations; conference; cease
and desist order; hearing; referee.
(a) If the director or the administrators have cause to
believe that any persons are violating any provision of this act
or any rule, regulation, standard, permit, license, or variance
issued pursuant hereto, or in case any written complaint is
filed with the department alleging a violation, the director,
through the appropriate administrator, shall cause a prompt
investigation to be made.
(b) For surface coal mining operations, in the instance of
a written complaint by any person which provides a reasonable
basis to believe that a violation of article 4 of this act, or
of any rule, regulation, standard, order, license, variance or
permit issued thereunder, exists, the investigation shall
include a prompt inspection. In such event the director shall
notify the person when the inspection is proposed to be carried
out and the person shall be allowed to accompany the inspector
during the inspection, subject to reasonable control by the
inspector. The operator shall have a duty to exercise
reasonable care for the person's safety only if his presence is
known. However, this duty shall not include the duty to inspect
the premises to discover dangers which are unknown to the
operator, nor giving warning or protection against conditions
which are known or should be obvious to the person. The
operator or his designee shall be allowed to be present for any
such inspection.
(c) For other than those violations specified under
subsection (b) of this section, if, as a result of the
investigation, it appears that a violation exists, the
administrator of the proper division may, by conference,
conciliation and persuasion, endeavor promptly to eliminate the
source or cause of the violation:
(i) In case of failure to correct or remedy an
alleged violation, the director shall cause to be issued and
served upon the person alleged to be responsible for any such
violation a written notice which shall specify the provision of
this act, rule, regulation, standard, permit, license, or
variance alleged to be violated and the facts alleged to
constitute a violation thereof, and may require the person so
complained against to cease and desist from the violation within
the time the director may determine;
(ii) Any order is final unless, not later than ten
(10) days after the date the notice is served, the person or
persons named therein request, in writing, a hearing before the
council. Upon the filing of a request the order complained of
shall be stayed pending the council's final determination
thereon;
(iii) If after a hearing held pursuant to this
section, the council finds that a violation has occurred, it
shall affirm or modify such order previously issued, or issue an
appropriate order or orders for the prevention, abatement or
control of the violation involved or for the taking of other
corrective action. If, after a hearing on an order contained in
a notice, the council finds that no violation has occurred, it
shall rescind the order. Any order issued as part of a notice
or after hearing may prescribe the date or dates by which the
violation shall cease and may prescribe timetables for action.
Nothing contained in this subsection shall be construed as
preventing any person from applying for a variance as provided
in W.S. 35-11-601;
(iv) At any hearing before the council, it may
designate a person to be a referee and may authorize the referee
to receive evidence, administer oaths, examine witnesses and
issue subpoenas requiring the testimony of witnesses and the
production of evidence and to make reports and recommendations
with respect thereto. Any final determination based on the
evidence received by any referee shall be made solely by the
council.
(d) Nothing in this section shall be interpreted to in any
way limit or contravene any other remedy available under this
act, nor shall this section be interpreted as a condition
precedent to any other enforcement action under this act.
ARTICLE 8 - PERMITS
35-11-801. Issuance of permits and licenses.
(a) When the department has, by rule or regulation,
required a permit to be obtained it is the duty of the director
to issue such permits upon proof by the applicant that the
procedures of this act and the rules and regulations promulgated
hereunder have been complied with. In granting permits, the
director may impose such conditions as may be necessary to
accomplish the purpose of this act which are not inconsistent
with the existing rules, regulations and standards. An
administrator shall not issue permits and may issue a license
under this act only as specifically authorized in this act.
(b) Except as otherwise provided in this act the director
shall take final action on any application for permit or
extension thereof within sixty (60) days after receipt of same
unless public notice or hearing is required by state or federal
statute.
(c) Except as provided in subsection (e) of this section,
a permit to construct is required before construction or
modification of any industrial facility capable of causing or
increasing air or water pollution in excess of standards
established by the department is commenced.
(d) General permits shall be issued solely in accordance
with procedures set forth by regulation adopted by the council.
Procedures for the issuances of general permits shall include
public notice and an opportunity for comment. All department
authorizations to use general permits under this section shall
be available for public comment for thirty (30) days. Any
aggrieved party may appeal the authorization as provided in this
act.
(e) Except for sources required to have a permit before
construction or modification under the applicable requirements
of W.S. 35-11-203 and sources specified by the director, if an
applicant for an air quality permit for an oil or gas
exploration or production well, with its associated equipment,
has submitted a timely and complete application for a permit to
construct or modify within ninety (90) days of the first date of
production of the oil and gas operation, the applicant's failure
to have a permit shall not be a violation of this section. An
applicant complies with this section if the applicant
demonstrates to the administrator of the air quality division
that the oil and gas exploration or production activity
qualifies as a nonmajor source. The application shall contain,
at a minimum, a demonstration that the applicant will apply the
best available control technology to the oil and gas production
and exploration activity.
(f) As used in subsection (e) of this section, "first date
of production" means the date permanent production equipment is
in place and product is consistently flowing to sales lines,
gathering lines or storage tanks. Production occurring during
well completion activities which is routed to temporary
production equipment is considered to occur prior to the first
date of production. If extended periods of time pass between
zone completions but production from initially completed zones
is consistently flowing to permanent production equipment, the
first date of production is the date when production from the
initial zones began consistently flowing to the permanent
production equipment, even though more zones will be completed
later.
35-11-802. Refusal to grant permits; applicant's rights.
If the director refuses to grant any permit under this act, the
applicant may petition for a hearing before the council to
contest the decision. The council shall give a public notice of
such hearing. At such hearing, the director and appropriate
administrator shall appear as respondent and the rules of
practice and procedure adopted by the council pursuant to this
act and the Wyoming Administrative Procedure Act shall apply.
The burden of proof shall be upon the petitioner. The council
must take final action on any such hearing within thirty (30)
days from date of hearing.
35-11-803. Single permit for activities covered by more
than one article.
(a) The director may grant a single permit for a facility
or activity regulated under more than one (1) article of this
act provided that there is compliance with all rules, standards
and public participation requirements provided by the individual
articles of this act.
(b) The council may adopt unified rules which encompass
activities covered by more than one (1) article of this act.
ARTICLE 9 - PENALTIES
35-11-901. Violations of provisions; penalties.
(a) Any person who violates, or any director, officer or
agent of a corporate permittee who willfully and knowingly
authorizes, orders or carries out the violation of any provision
of this act, or any rule, regulation, standard or permit adopted
hereunder or who violates any determination or order of the
council pursuant to this act or any rule, regulation, standard,
permit, license or variance is subject to a penalty not to
exceed ten thousand dollars ($10,000.00) for each violation for
each day during which violation continues, a temporary or
permanent injunction, or both a penalty and an injunction
subject to the following:
(i) Except that any person who violates any provision
of article 2 of this chapter or any provision of the state
hazardous waste program authorized pursuant to the Resource
Conservation Recovery Act, Subtitle C, 42 U.S.C. § 6901 [6921]
et seq., as amended, or any rule, regulation, standard or permit
adopted pursuant to those provisions, or who violates any
determination or order of the council pursuant to article 2 of
this chapter or the state hazardous waste program is subject to
a penalty not to exceed ten thousand dollars ($10,000.00) for
each violation for each day during which the violation
continues, a temporary or permanent injunction, or both a
penalty and an injunction; and
(ii) Penalties and injunctive relief under this
subsection are to be determined by a court of competent
jurisdiction in a civil action, provided that nothing herein
shall preclude the department from negotiating stipulated
settlements involving the payment of a penalty, implementation
of compliance schedules or other settlement conditions in lieu
of litigation.
(b) Repealed by Laws 1995, ch. 28, § 4.
(c) Repealed by Laws 1995, ch. 28, § 4.
(d) Repealed by Laws 1995, ch. 28, § 4.
(e) Repealed by Laws 1995, ch. 28, § 4.
(f) Repealed by Laws 1995, ch. 28, § 4.
(g) Repealed by Laws 1995, ch. 28, § 4.
(h) Repealed by Laws 1995, ch. 28, § 4.
(j) Any person who willfully and knowingly violates, or
any director, officer or agent of a corporate permittee who
willfully and knowingly authorizes, orders or carries out the
violation of any provision of this act or any rule, regulation,
standard, permit, license, or variance or limitations adopted
hereunder or who willfully violates any determination or order
of the council or court issued pursuant to this act or any rule,
regulation, standard, permit or limitation issued under this act
shall be fined not more than twenty-five thousand dollars
($25,000.00) per day of violation, or imprisoned for not more
than one (1) year, or both. For a subsequent conviction for a
violation of this act, the person shall be subject to a fine of
not more than fifty thousand dollars ($50,000.00) per day of
violation, imprisonment for not more than two (2) years, or
both. For multiple violations, penalties may be assessed up to
the maximum amount specified in this subsection for each day of
each separate violation.
(k) Any person who knowingly makes any false statement,
representation or certification in any application, record,
report, plan or other document filed or required to be
maintained under this act or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method
required to be maintained under this act, shall upon conviction,
be fined not more than ten thousand dollars ($10,000.00) per day
for each violation or imprisoned for not more than one (1) year,
or both.
(m) Repealed by Laws 1995, ch. 28, § 4.
(m) Repealed by Laws 1995, ch. 28, § 4.
(m) Repealed by Laws 1995, ch. 28, § 4.
(m) Repealed by Laws 1995, ch. 28, § 4.
(m) Repealed by Laws 1995, ch. 28, § 4.
35-11-902. Surface coal mining operations; violations of
provisions; penalties.
(a) Notwithstanding W.S. 35-11-901, violations by surface
coal mining operations of article 4 of this act, or of any rule,
regulation, standard, order, license, variance or permit issued
thereunder, shall be governed by this section.
(b) Any person who violates, or any director, officer or
agent of a corporate permittee who willfully and knowingly
authorizes, orders or carries out the violation of any provision
of article 4 of this act for surface coal mining operations, or
any rule, regulation, standard, license, variance or permit
issued thereunder, or who violates any determination or order of
the council pursuant to article 4 of this act for surface coal
mining operations is subject to either a penalty not to exceed
ten thousand dollars ($10,000.00) for each day during which a
violation continues, or, for multiple violations, a penalty not
to exceed five thousand dollars ($5,000.00) for each violation
for each day during which a violation continues, a temporary or
permanent injunction, or both a penalty and an injunction.
Penalties and injunctive relief under this subsection may be
recovered in a civil action.
(c) All notices for abatement and cessation orders shall
be reported to the director. The director shall:
(i) Issue a notice of assessment, if a cessation
order was issued;
(ii) Make a determination as to whether a notice of
assessment will be issued if a notice for abatement was issued.
(d) Upon issuance of a notice of abatement or cessation
order, the director shall inform the operator of the proposed
amount of the penalty within thirty (30) days. The amount shall
be determined in accordance with rules and regulations
promulgated by the council. The person charged with the penalty
shall have fifteen (15) days to request a conference with the
director for informal disposition of any dispute over either the
amount of the penalty or the occurrence of the violation.
(e) If a conference is held and after the director has
determined that a violation did occur and the amount of the
penalty is warranted, the person charged with the penalty shall,
within fifteen (15) days, either:
(i) Pay the proposed penalty in full; or
(ii) Petition the council for review of either the
amount of the penalty or the fact of the violation, submitting a
bond equal to the proposed amount of the penalty at the time of
filing the petition. The bond shall be conditioned for the
satisfaction of the penalty in full, or as modified by the
council, if the director's determination as to the occurrence of
the violation and the assessment of a penalty is affirmed. The
petition is effective when the bond is approved by the council.
If the bond is not approved, the person charged with the penalty
has ten (10) days to forward the proposed amount to the council
for placement in an escrow account to make the petition
effective.
(f) If a conference is not requested, the person charged
with the penalty has thirty (30) days to take the action
required under subsection (d) of this section.
(g) After a petition is effective, the council shall hold
a hearing, which shall be conducted as a contested case
proceeding under the Wyoming Administrative Procedure Act. The
council shall either:
(i) Determine the occurrence of the violation and the
amount of penalty which is warranted for the purpose of ordering
that the penalty be paid; or
(ii) Determine that no violation occurred, or that
the amount of the penalty shall be reduced. If such a
determination is made, either through administrative or judicial
review, the director shall within thirty (30) days remit the
appropriate amount to the person, if any deposit has been made,
with interest at the rate of six percent (6%), or at the
prevailing United States department of treasury rate, whichever
is greater. Failure to file an effective petition shall result
in a waiver of all legal rights to contest the violation or the
amount of the penalty.
(h) Any person aggrieved or adversely affected in fact by
a final decision of the council pursuant to this section is
entitled to judicial review in accordance with the Wyoming
Administrative Procedure Act.
(j) Any person who willfully and knowingly violates, or
any director, officer or agent of a corporate permittee who
willfully and knowingly authorizes, orders or carries out the
violation of any provision of article 4 of this act with respect
to surface coal mining, or any rule, regulation, standard,
permit, license, or variance or limitations adopted thereunder,
or who willfully violates any determination or order of the
council or court issued pursuant to this section, shall be fined
not more than twenty-five thousand dollars ($25,000.00) per day
of violation, imprisoned for not more than one (1) year, or
both. For a subsequent conviction for a violation of article 4
of this act with respect to surface coal mining, the person
shall be subject to a fine of not more than fifty thousand
dollars ($50,000.00) per day of violation, imprisonment for not
more than two (2) years, or both. For multiple violations,
penalties may be assessed up to the maximum amount specified in
this subsection for each day of each separate violation.
(k) Any person who knowingly makes any false statement,
representation or certification in any application, record,
report, plan or other document filed or required to be
maintained under article 4 of this act for surface coal mining
operations, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required to be
maintained under article 4 of this act for surface coal mining
operations shall, upon conviction be subject to a fine of not
more than ten thousand dollars ($10,000.00), imprisonment for
not more than one (1) year, or both.
(m) Any person who shall, except as permitted by law,
willfully resist, prevent, impede or interfere with the
director, any administrator or any of their agents in the
performance of their duties in the regulation of surface coal
mining operations under article 4 of this act shall be subject
to a fine of not more than five thousand dollars ($5,000.00),
imprisonment for not more than one (1) year, or both.
(n) Any operator of a surface coal mining operation who
fails to correct a violation within the period permitted for its
correction, or after a final order or decision issues requiring
correction when either the department or a court has relieved
the operator from the abatement requirements of the notice or
order, shall be assessed a civil penalty of not less than seven
hundred fifty dollars ($750.00) for each day during which the
failure or violation continues.
(o) Any person who is injured in his person or property
through the violation, by any operator, of any rule, regulation,
order or permit issued pursuant to article 4 of this act as it
provides for the regulation of surface coal mining and
reclamation in accordance with the requirements of P.L. 95-87
may bring an action for damages, including reasonable attorney
and expert witness fees, only in the judicial district in which
the surface coal mining operation complained of is located.
35-11-903. Violations of provisions of act causing damage
to wildlife; recoveries; causes of action.
(a) Any person who violates this act, or any rule or
regulation promulgated thereunder, and thereby causes the death
of fish, aquatic life or game or bird life is, in addition to
other penalties provided by this act, liable to pay to the
state, an additional sum for the reasonable value of the fish,
aquatic life, game or bird life destroyed. Any monies so
recovered shall be placed in the game and fish fund.
(b) Except as provided in W.S. 35-11-902(o), nothing in
this act shall be construed to abridge, limit, impair, create,
enlarge or otherwise affect substantively or procedurally the
right of any person to damages or other relief on account of
injury to persons or property and to maintain any action or
other appropriate proceeding therefor.
(c) All actions pursuant to this article, except actions
under W.S. 35-11-902(o), shall be brought in the county in which
the violation occurred or in Laramie county by the attorney
general in the name of the people of Wyoming. All actions
pursuant to this article for the enforcement of any program to
administer the provisions of W.S. 35-11-301(a)(iii) and (v)
pursuant to the authority delegated under W.S. 35-11-304 may
also be brought by the county attorney in the county in which
the violation occurred.
35-11-904. Civil or criminal remedy.
(a) Except as provided in subsection (c) of this section,
any person having an interest which is or may be adversely
affected, may commence a civil action on his own behalf to
compel compliance with this act only to the extent that such
action could have been brought in federal district court under
Section 520 of P.L. 95-87, as that law is worded on August 3,
1977:
(i) Against any governmental entity, for alleged
violations of any provisions of this act or of any rule,
regulation, order or permit issued pursuant thereto, or against
any other person for alleged violations of any rule, regulation,
order or permit issued pursuant to this act; or
(ii) Against the state of Wyoming, department of
environmental quality, for alleged failure of the department to
perform any act or duty under this act which is not
discretionary with the department.
(b) Actions against the state of Wyoming, department of
environmental quality, pursuant to this section shall be filed
in the district court for Laramie county. Actions against any
governmental entity, or any other person pursuant to this
section shall be filed in the district court for the county in
which the violation is alleged to have occurred.
(c) No action pursuant to this section may be commenced:
(i) Prior to sixty (60) days after the plaintiff has
given notice in writing of the violation and of his intent to
commence the civil action to the department and the alleged
violator, except that such action may be brought immediately
after such notification if the violation complained of
constitutes an imminent threat to the health or safety of the
plaintiff or would immediately affect a legal interest of the
plaintiff; or
(ii) If the department, through the attorney general,
has commenced a civil action to require compliance with the
provisions of this act, or any rule, regulation, order or permit
issued pursuant to this act, but in any such action any person
may intervene as a matter of right.
(d) The state of Wyoming, department of environmental
quality, may intervene as a matter of right in any action filed
pursuant to this section.
(e) The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation,
(including attorney and expert witness fees), to any party
whenever the court determines such award is appropriate.
(f) The availability of judicial review established
pursuant to W.S. 16-3-114 shall not be construed to limit the
operation of rights established in this section.
(g) Nothing in this act shall in any way limit any
existing civil or criminal remedy for any wrongful action
arising out of a violation of any provision of this act or any
rule, regulation, standard, permit, license, or variance or
order adopted hereunder.
ARTICLE 10 - JUDICIAL REVIEWS
35-11-1001. Judicial review; temporary relief; conditions.
(a) Any aggrieved party under this act, any person who
filed a complaint on which a hearing was denied, and any person
who has been denied a variance or permit under this act, may
obtain judicial review by filing a petition for review within
thirty (30) days after entry of the order or other final action
complained of pursuant to the provisions of the Wyoming
Administrative Procedure Act.
(b) Any person having a legal interest in the mineral
rights or any person or corporation having a producing mine or
having made substantial capital expenditures and commitments to
mine mineral rights with respect to which the state has
prohibited mining operations because the mining operations or
proposed mining operations would irreparably harm, destroy or
materially impair an area that has been designated to be of a
unique and irreplaceable historical, archeological, scenic or
natural value, may petition the district court for the district
in which the mineral rights are located to determine whether the
prohibition so restricts the use of the property as to
constitute an unconstitutional taking without compensation. Upon
a determination that a taking has occurred the value of the
investment in the property or interests condemned shall be
ascertained and damages shall be assessed as in other
condemnation proceedings.
(c) In a proceeding to review any order or decision of the
department providing for regulation of surface coal mining and
reclamation operations in accordance with P.L. 95-87, the court
may under conditions it prescribes grant temporary relief
pending final determination of the review proceedings if:
(i) All parties to the proceedings were notified and
given opportunity for hearing on the request for temporary
relief;
(ii) The party requesting relief shows there is a
substantial likelihood he will prevail on the final
determination of the proceeding; and
(iii) The relief will not adversely affect the public
health and safety or cause significant environmental harm to
land, air or water resources.
35-11-1002. Publication of rules and regulations.
Any rule, regulation or standard promulgated under this act
shall be published and distributed to members of the legislature
and any other interested party.
ARTICLE 11 - MISCELLANEOUS PROVISIONS
35-11-1101. Records available to the public; restrictions.
(a) Any records, reports or information obtained under
this act or the rules, regulations and standards promulgated
hereunder are available to the public. Upon a showing
satisfactory to the director by any person that his records,
reports or information or particular parts thereof, other than
emission and pollution data, to which the director and
administrators have access under this act if made public would
divulge trade secrets, the director and administrators shall
consider the records, reports or information or particular
portions thereof confidential in the administration of this act.
(b) Nothing herein shall be construed to prevent
disclosure of any records, reports or information to federal,
state or local agencies necessary for the purposes of
administration of any federal, state or local air, water or land
control measures or regulations or when relevant to any
proceedings under this act.
(c) In any suit under this section or the Public Records
Act, W.S. 16-4-201 et seq., to compel the release of information
under this act, the court may assess against the state
reasonable attorney fees and other litigation costs reasonably
incurred in any case in which the complainant has substantially
prevailed and in which the court determines the award is
appropriate.
35-11-1102. Hearing unnecessary prior to issuance of
emergency order.
Nothing in this act shall be construed to require a hearing
prior to the issuance of an emergency order.
35-11-1103. Property exempt from ad valorem taxation.
The following property is exempt from ad valorem taxation
pursuant to the provisions of this act and includes facilities,
installations, machinery or equipment attached or unattached to
real property and designed, installed and utilized primarily for
the elimination, control or prevention of air, water or land
pollution, or in the event such facility, installation,
equipment or machinery shall also serve other beneficial
purposes and use, such portion of the assessed valuation thereof
as may be reasonably calculated to be necessary for and devoted
to elimination, control or prevention of air, water and land
pollution. The department of revenue shall determine the exempt
portion on all property assessed pursuant to W.S. 39-13-102(m).
The county assessor shall determine the exempt portion on all
property assessed pursuant to W.S. 39-13-103(b). The
determination shall not include as exempt any portion of any
facilities which have value as the specific source of marketable
byproducts or facilities constructed for the sole purpose of
capturing nonpoint source carbon dioxide.
35-11-1104. Limitation of scope of provisions.
(a) Nothing in this act:
(i) Grants to the department or any division thereof
any jurisdiction or authority with respect to pollution existing
solely within commercial and industrial plants, works or shops;
(ii) Affects the relations between employers and
employees with respect to or arising out of any condition of
pollution;
(iii) Limits or interferes with the jurisdiction,
duties or authority of the state engineer, the state board of
control, the director of the Wyoming game and fish department,
the state mine inspector, the oil and gas supervisor or the oil
and gas conservation commission, or the occupational health and
safety commission.
35-11-1105. Environmental audit privilege; exceptions;
burden of proof; waiver; disclosure after in camera review;
application.
(a) As used in this section:
(i) "Environmental audit" means a voluntary, internal
and comprehensive evaluation of one (1) or more facilities or an
activity at one (1) or more facilities regulated under this act,
or of management systems related to the facility or activity,
that is designed to identify and prevent noncompliance and to
improve compliance with this act. An environmental audit may be
conducted by the owner or operator, by the owner's or operator's
employees or by independent contractors. Once initiated the
voluntary environmental audit shall be completed within one
hundred eighty (180) days. Nothing in this section shall be
construed to authorize uninterrupted voluntary environmental
audits;
(ii) "Environmental audit report" means a set of
documents, each labeled "Environmental Audit Report: Privileged
Document," prepared as a result of an environmental audit and
may include field notes and records of observations, findings,
opinions, suggestions, conclusions, drafts, memoranda, drawings,
photographs, computer-generated or electronically recorded
information, maps, charts, graphs and surveys if supporting
information is generated or developed for the primary purpose
and in the course of an environmental audit. An environmental
audit report, when completed, shall have three (3) components:
(A) An audit report prepared by the auditor,
including the scope, commencement and completion dates of the
audit, the information gained in the audit, conclusions and
recommendations, together with exhibits and appendices;
(B) Memoranda and documents analyzing the audit
report and discussing implementation issues; and
(C) An audit implementation plan that corrects
past noncompliance, improves current compliance and prevents
future noncompliance.
(iii) "In camera review" means a hearing or review in
a courtroom, hearing room or chambers to which the general
public is not admitted. However, all parties to a civil or
administrative proceeding may attend an in camera hearing and
shall have a reasonable opportunity to review the documents for
which the privilege is claimed and challenge the application of
privilege to an environmental audit report. After such hearing
or review, the content of oral and other evidence and statements
of the judge, counsel and all parties shall be held in
confidence by those participating in or present at the hearing
or review, and any transcript of the hearing or review shall be
sealed and not considered a public record until its contents are
disclosed, pursuant to this section, by a court having
jurisdiction over the matter.
(b) Owners and operators of facilities and persons whose
activities are regulated under this act may conduct a voluntary
internal environmental audit of compliance programs and
management systems to assess and improve compliance with this
act. An environmental audit privilege is created to protect the
confidentiality of communications relating to these audits.
(c) An environmental audit report is privileged and shall
not be admissible as evidence in any civil or administrative
proceeding, except as follows:
(i) The owner or operator of a facility may waive
this privilege in whole or in part. If an owner or operator of
a facility or person conducting an activity seeks to introduce
any part of an environmental audit report as evidence in any
proceeding, including reporting of violations under W.S.
35-11-1106(a), the privilege is waived as to those sections of
the report dealing with that media sought to be introduced into
evidence;
(ii) In a civil or administrative proceeding, the
court or hearing officer after in camera review consistent with
the Wyoming Rules of Civil Procedure, shall require disclosure
of all or part of the report if it determines:
(A) The privilege is asserted for a fraudulent
purpose;
(B) The material is not subject to the
privilege;
(C) The material shows evidence of noncompliance
with this act or any federal environmental law or regulation and
appropriate efforts to achieve compliance were not pursued as
promptly as circumstances permit and completed with reasonable
diligence; or
(D) The information contained in the
environmental audit report demonstrates a substantial threat to
the public health or environment or damage to real property or
tangible personal property in areas outside of the facility
property.
(iii) Repealed By Laws 1998, ch. 80, § 2.
(iv) A party asserting the privilege granted under
this section has the burden of proving the privilege, including
proof that appropriate efforts to achieve compliance with this
act or any federal environmental law or regulation were promptly
pursued and completed with reasonable diligence. A party
seeking disclosure under subparagraph (c)(ii)(A) of this section
has the burden of proving that the privilege is asserted for a
fraudulent purpose;
(v) Repealed By Laws 1998, ch. 80, § 2.
(vi) Repealed By Laws 1998, ch. 80, § 2.
(vii) Repealed By Laws 1998, ch. 80, § 2.
(viii) The parties may at any time stipulate to entry
of an order directing whether specific information contained in
an environmental audit report is subject to the privilege
provided under this section;
(ix) Upon making a determination under paragraph
(c)(ii) of this section, the court shall compel disclosure of
those portions of an environmental audit report relevant to
issues in dispute in the proceeding.
(d) The privilege described in this section shall not
extend to:
(i) Documents, communications, data, reports or other
information required to be collected, developed, maintained,
reported or otherwise made available to a regulatory agency or
to any person pursuant to any regulatory requirement of this act
or any other federal or state law or regulation;
(ii) Information obtained by observation, sampling or
monitoring by any regulatory agency;
(iii) Information obtained from a source independent
of the environmental audit;
(iv) Documents existing prior to the commencement of
the environmental audit; or
(v) Documents prepared subsequent to and independent
of the completion of the environmental audit.
(e) Nothing in this section shall limit, waive or abrogate
the scope or nature of any statutory or common law privilege,
including the work product doctrine and the attorney-client
privilege.
35-11-1106. Limitation on civil penalties; voluntary
reports of violations.
(a) If an owner or operator of a facility regulated under
this act voluntarily reports to the department a violation
disclosed by the audit conducted under W.S. 35-11-1105 within
sixty (60) days of the completion date of the audit, the
department shall not seek civil penalties or injunctive relief
for the violation reported unless:
(i) The facility is under investigation for any
violation of this act at the time the violation is reported;
(ii) The owner or operator does not take action to
eliminate the violation within the time frame specified in an
order affirmed by the council or otherwise made final pursuant
to W.S. 35-11-701(c)(ii);
(iii) The violation is the result of gross negligence
or recklessness; or
(iv) The department has assumed primacy over a
federally delegated environmental law and a waiver of penalty
authority would result in a state program less stringent than
the federal program or the waiver would violate any federal rule
or regulation required to maintain state primacy. If a
federally delegated program requires the imposition of a penalty
for a violation, the voluntary disclosure of the violation shall
to the extent allowed under federal law or regulation, be
considered a mitigating factor in determining the penalty
amount.
(b) Reporting a violation is mandatory if required by this
act, any departmental rule or regulation, federal law or
regulation, local ordinance or resolution, any order of the
council or by any court and is therefore not voluntary under
this section.
(c) Notwithstanding subsection (a) of this section,
injunctive relief may be sought under W.S. 35-11-115.
(d) The elimination of administrative or civil penalties
under this section does not apply if a person or entity has been
found by a court to have committed serious violations that
constitute a pattern of continuous or repeated violations of
environmental laws, rules, regulations, permit conditions,
settlement agreements or orders on consent and that were due to
separate and distinct events giving rise to the violations,
within the three (3) year period prior to the date of the
disclosure. A pattern of continuous or repeated violations may
also be demonstrated by multiple settlement agreements related
to substantially the same alleged violations concerning serious
instances of noncompliance with environmental laws that occurred
within the three (3) year period immediately prior to the date
of the voluntary disclosure.
ARTICLE 12 - ABANDONED MINE RECLAMATION PROGRAM
35-11-1201. Abandoned mine reclamation program.
In addition to any other powers and duties imposed by law, the
governor, through the director shall perform any and all acts
necessary or expedient to implement and administer an abandoned
mine reclamation program pursuant to section 405 of P.L. 95-87
in accordance with an approved state reclamation plan and annual
approved applications for implementation of specific reclamation
projects.
35-11-1202. State reclamation plan.
(a) The state reclamation plan may provide for any or all
of the following activities:
(i) The acquisition, reclamation or restoration of
land and water resources which were mined for coal or minerals
or affected by coal or other mineral mining processes and left
or abandoned in an unreclaimed or inadequately reclaimed
condition prior to August 3, 1977, and for which there is no
continuing reclamation responsibility under state or federal
statutes. The effective date for the purpose of determining
eligibility on federal lands managed by the forest service shall
be August 28, 1974, and the effective date for determining
eligibility on federal lands managed by the bureau of land
management shall be November 26, 1980. Any of the activities
under this paragraph shall reflect the following priorities in
the order stated:
(A) The protection of public health, safety,
general welfare and property from extreme danger of adverse
effects of mining and processing practices;
(B) The protection of public health, safety and
general welfare from adverse effects of mining and processing
practices;
(C) The restoration of land and water resources
and the environment previously degraded by the adverse effects
of coal and mineral mining and processing practices.
(D) Repealed by Laws 1991, ch. 72, § 2.
(E) Repealed by Laws 1991, ch. 72, § 2.
(F) Repealed by Laws 1991, ch. 72, § 2.
(ii) Repealed by Laws 1991, ch. 72, § 2.
(iii) The acquisition, reclamation and transfer of
land to the state or to a political subdivision thereof, or to
any person after a determination by the governor that such is an
integral and necessary element of an economically feasible plan
for a project to construct or rehabilitate housing for persons
disabled as the result of employment in the mines or work
incidental thereto, persons displaced by acquisition of land
pursuant to this article, persons dislocated as a result of
adverse effects of coal mining practices which constitute an
emergency, or persons dislocated as the result of natural
disasters or catastrophic failures from any cause. However, no
part of the abandoned mine reclamation funds may be used to pay
the actual construction costs of housing;
(iv) Repealed by Laws 1991, ch. 72, § 2.
(v) Reclamation projects involving the protection,
repair, replacement, construction or enhancement of utilities,
such as those relating to water supply, roads and other
facilities serving the public adversely affected by coal and
mineral mining and processing practices. The construction and
maintenance of public facilities in communities impacted by coal
or mineral mining and processing practices is deemed to be
included within the objectives established for the abandoned
mine reclamation program, and shall be undertaken in accordance
with the priorities stated in paragraph (i) of this subsection.
(b) The state reclamation plan shall be developed by the
governor, after recommendation from the director. The director
after consulting the administrator of the abandoned land mine
division shall make this recommendation only after he has
prepared a proposed plan and afforded, at a minimum, an
opportunity for the public to inspect and comment on this
proposed plan in each county having land and water resources
which qualify for acquisition, reclamation or restoration under
subsection (a) of this section. All comments shall be recorded
and considered in the development of the plan.
(c) Notwithstanding subsection (a) of this section, the
governor may request abandoned mine land funds be appropriated
for the construction of specific public facilities related to
the coal or mineral industries or for other activities related
to the impacts of these industries.
35-11-1203. Abandoned mine reclamation account; subsidence
mitigation account.
(a) Upon approval of the state reclamation plan, the state
treasurer shall create an abandoned mine reclamation account for
the purpose of accounting for monies received by the state from
the secretary of the interior and any other monies authorized to
be deposited in the account. The account shall be administered
in compliance with the approved plan.
(b) Revenue to the account shall include amounts granted
by the secretary of the interior under Title IV of P.L. 95-87,
monies received by the state for the use or sale of lands
acquired with monies from the account and such other monies
which may be deposited in the account for use in carrying out
the state reclamation program.
(c) There is created a coal mine subsidence mitigation
account. Revenue to the account shall be ten percent (10%) of
the amount granted by the secretary of the interior under title
IV of P.L. 95-87 as provided by P.L. 100-34. Revenue shall be
deposited in an interest bearing account and all interest shall
be credited to the program. No monies from the account shall be
expended prior to September 30, 1995. After September 30, 1995
the money may be expended as provided in this subsection. The
legislature shall authorize expenditure by appropriation from
the account as necessary to defray the administrative expenses
of the program. The remaining funds in the account shall only
be used to address the reclamation activities described in W.S.
35-11-1202(a)(i)(A) and (B) where mine reclamation is necessary
for the protection of the public health or safety, with a
priority given to pay for contractual services to mitigate and
control mine subsidence that threatens structures. If
authorized by the United States congress, funds from the account
may be used for the repair or enhancement of structures defined
in W.S. 35-11-1301(a)(iii), provided that no funds from the
account may be used for any structure where construction is
commenced after the effective date of this act unless an
engineering assessment documenting the minimal risk of loss from
mine subsidence precedes commencement of construction. The
liability of the state to fulfill the requirements of this
subsection is limited to the amount of funds available in the
account established in this subsection. The state has no
obligations under this subsection except to the extent of
federal funds deposited in the coal mine mitigation account and
the interest thereon to operate the program.
35-11-1204. Right of entry.
(a) The director, administrator of the abandoned mine land
division, or their designated authorized representative shall
have the right to enter upon or have access to any property
adversely affected by past coal mining practices to restore,
reclaim, abate, control or prevent the adverse effects if the
director makes a finding that:
(i) The adverse effects on land or water resources
are such that, in the public interest, the action should be
taken; and
(ii) The owners of the property either are not known
or readily available or refuse to give permission to enter.
(b) Prior to entry, notice shall be given by mail to the
owners, if known, or if not known, by posting notice upon the
premises and advertising once in a newspaper of general
circulation in the locality of the land.
(c) Monies expended for work on or to the premises and the
benefits accruing to any premises entered upon shall be
chargeable against the land and shall mitigate or offset any
claim of or any action brought by any owner of any interest in
the premises for any alleged damages by virtue of the entry.
However, this provision is not intended to create new rights of
action or eliminate existing immunities.
(d) The director, administrator of the abandoned mine land
division, or their designated authorized representatives shall
have the right to enter upon any property for the purpose of
conducting exploratory work to determine the feasibility to
restore, reclaim, abate, control or prevent the adverse effects.
(e) Any entry under this section shall be construed as an
exercise of the state's police power and shall not be construed
as an act of condemnation or trespass.
35-11-1205. Land acquisition and disposal.
(a) The state may acquire any land, by purchase, donation
or condemnation, which is adversely affected by past coal mining
practices if the director, with the concurrence of the governor,
finds that acquisition of the land is necessary to successful
reclamation and that:
(i) The acquired land, after restoration,
reclamation, abatement, control or prevention of the adverse
effects of past coal mining practices, will serve recreation and
historic purposes, conservation and reclamation purposes or
provide open space benefits; and
(ii) Permanent facilities such as a treatment plant
or a relocated stream channel will be constructed on the land
for the restoration, reclamation, abatement, control or
prevention of the adverse effects of past coal mining practices;
or
(iii) Acquisition of coal refuse disposal sites and
all coal refuse thereon will serve the purposes of this article
or that public ownership is desirable to meet emergency
situations and prevent recurrences of the adverse effects of
past coal mining practices.
(b) Title to all lands acquired pursuant to this section
shall be in the name of the state. The price paid for land
acquired under this section shall reflect the market value of
the land as adversely affected by past coal mining practices.
(c) Where land acquired pursuant to this section is deemed
to be suitable for industrial, commercial, residential or
recreational development, the director, with the approval of the
governor and the secretary of the interior, may sell the land
for at least fair market value by public sale under a system of
competitive bidding.
(d) The director, when requested after appropriate public
notice, shall hold a public hearing, with appropriate notice, in
the county or counties in which lands acquired pursuant to this
section are located in order to afford all persons an
opportunity to participate in the decision concerning the use or
disposition of the lands after restoration, reclamation,
abatement, control or prevention of the adverse effects of past
coal mining practices.
35-11-1206. Liens for reclamation on private lands.
(a) Within six (6) months after the completion of projects
to restore, reclaim, abate, control or prevent adverse effects
of past coal or mineral mining practices on privately owned
land, the director shall itemize the monies expended and may
file a lien against the property with the appropriate county
clerk. If the monies expended result in a significant increase
in property value, a notarized appraisal by an independent
appraiser shall be filed with the lien. The lien shall be the
amount determined by the appraisal to be the increase in the
fair market value of the land as a result of the restoration,
reclamation, abatement, control or prevention of the adverse
effects of past coal or mineral mining practices. No lien shall
be filed under this section against the property of any person
who neither consented to, participated in, nor exercised control
over the mining operation which necessitated the reclamation
project.
(b) The landowner may petition the district court for the
district in which the majority of the land is located within
sixty (60) days of the filing of the lien to determine the
increase in the fair market value of the land. The amount
reported to be the increase in value of the premises shall
constitute the amount of the lien and shall be recorded with the
lien.
(c) The lien provided in this section shall constitute a
lien upon the land as of the date of the expenditure of the
monies and shall have priority as a lien second only to the lien
of real estate taxes imposed upon the land.
35-11-1207. Miscellaneous authority.
(a) The governor may promulgate any rules and regulations
which may be necessary or expedient to implement and administer
the provisions of this article.
(b) The director may construct and operate any plants,
including major interceptors and other facilities appurtenant to
the plant for the control and treatment of water pollution
resulting from mine drainage.
(c) The governor may transfer funds to other appropriate
state or federal agencies in order to carry out the reclamation
activities authorized by this article.
35-11-1208. Mine subsidence mitigation program.
The governor may establish a coal mine subsidence mitigation
program to assist property owners with mine subsidence problems
that threaten life and property in this state. The program
shall be operated by the director and be coordinated with the
mine subsidence loss insurance program of W.S. 35-11-1301
through 35-11-1304. The program shall provide for backfilling of
mine voids and stabilization of the land where evidence supports
imminent or continuous threat to structures defined in W.S.
35-11-1301(a)(iii) if the threat is due to coal mine subsidence
as defined in W.S. 35-11-1301(a)(ii).
35-11-1209. Contract eligibility.
(a) The abandoned mine land division shall not issue a
contract to any contractor if the United States department of
interior, office of surface mining applicant violator system
shows the contractor has any one (1) or more of the following:
(i) Delinquent abandoned mine reclamation fee;
(ii) Federal or state failure-to-abate cessation
order;
(iii) Unabated federal or state imminent harm
cessation order;
(iv) Delinquent civil penalty issued under the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87;
(v) Bond forfeiture if the violation upon which the
forfeiture was based has not been corrected;
(vi) Unabated violation of federal or state law, rule
or regulation pertaining to air or water environmental
protection incurred in connection with any surface coal mining
operation;
(vii) Unresolved notice of violation.
(b) As used in this section "ownership or controlling
interest" means as defined in Title 30 of the Code of Federal
Regulations part 773.5, as amended.
35-11-1210. Abandoned mine land funds reserve account.
(a) There is created the abandoned mine land funds reserve
account.
(b) All funds received from the federal government, from
the Surface Mining Control and Reclamation Act Amendments of
2006, Section 411(h)(1), pursuant to 2007 H.R. 6111, shall be
deposited into the abandoned mine land funds reserve account.
(c) All funds and all interest generated on the funds,
shall remain in the abandoned mine land funds reserve account
until appropriated by the legislature.
(d) The funds under subsection (b) of this section are
separate from and in addition to the funds distributed to
Wyoming for the abandoned mine land program under W.S.
35-11-1201 through 35-11-1209.
(e) Repealed by Laws 2024, ch. 4, § 2.
35-11-1211. Long-term abandoned mine reclamation account.
(a) There is created the long-term abandoned mine
reclamation account. The state treasurer shall, upon direction
from the department, deposit up to thirty percent (30%) of the
amount of all funds provided to the state by the United States
secretary of the interior under section 40701(c) of the
Infrastructure Investment and Jobs Act, as amended by section
801 of the Consolidated Appropriations Act, 2023, into the
account. The state treasurer shall invest funds in the account
in accordance with law, and earnings from these investments
shall be credited to the account. The liability of the state to
fulfill the requirements of this section is limited to the
amount of unobligated, unexpended funds in the account. The
state shall have no obligations under this section except to the
extent of federal funds deposited into this account and the
earnings of the account. No funds in the account shall be
expended for any purpose not specified in section 40701(c) of
the Infrastructure Investment and Jobs Act, as amended by
section 801 of the Consolidated Appropriations Act, 2023. Funds
in the account shall be expended only upon legislative
appropriation for the following purposes:
(i) The abatement of the causes and the treatment of
the effects of acid mine drainage resulting from coal mining
practices, including for the costs of building, operating,
maintaining and rehabilitating acid mine drainage treatment
systems;
(ii) The prevention, abatement and control of
subsidence;
(iii) The prevention, abatement and control of coal
mine fires.
ARTICLE 13 - MINE SUBSIDENCE LOSS INSURANCE
35-11-1301. Definitions.
(a) As used in this act:
(i) "Administrator" means the administrator of the
abandoned mine land division of the department of environmental
quality;
(ii) "Mine subsidence loss" means loss caused by
lateral or vertical movement, including collapse which results
therefrom, of structures from collapse of man-made underground
mines or from collapse of underground cavities resulting from
burned coal seams but excludes loss caused by underground water,
soil expansion, earthquake, landslide, volcanic eruption or
collapse of storm or sewer drains or underground pipelines;
(iii) "Structure" means any dwelling, building or
fixture, publicly or privately owned, permanently affixed to
realty but excludes land, trees, plants and crops;
(iv) "This act" means W.S. 35-11-1301 through
35-11-1304.
35-11-1302. Mine subsidence loss insurance program;
established; rulemaking authority.
(a) The governor shall establish an insurance program to
cover mine subsidence loss to specified structures in this
state. The program shall be operated by the director of the
department of environmental quality through the administrator
who shall contract for all services related to advertising,
sales of the coverage and claims adjustment and may contract for
other services necessary to the efficient operation of the
program. The program shall cover all structures insured under
this act for mine subsidence damage occurring after the
effective date of the coverage, consistent with the contract
terms and conditions. The program shall also cover structures
which have been damaged before the effective date of this act,
provided that:
(i) Damage to the structures was caused by subsidence
of mine voids in the number one and seven coal seams in Rock
Springs, Wyoming;
(ii) Claims made to the administrator documenting
that initial subsidence damage was suffered on or about the
dates of August 15, August 21, September 4 or September 10,
1985;
(iii) The property owner has made application for
coverage under this act, paid the premium required by the
administrator and paid an enrollment fee of one hundred dollars
($100.00);
(iv) The property owner executes and delivers
instruments and papers and does whatever else is necessary to
secure rights in the state to be subrogated to all the owner's
right of recovery against any person, entity or organization for
the damage and loss covered under this act; and
(v) Claims for damages and loss covered under this
act and filed under the Wyoming Governmental Claims Act are
withdrawn.
(b) The governor may promulgate rules and regulations
necessary to establish and operate a mine subsidence loss
insurance program under this act, including but not limited to:
(i) Contract terms and conditions;
(ii) Deductibles;
(iii) Coverage limits;
(iv) Claims adjustment procedures;
(v) Premium rates and enrollment fees sufficient to:
(A) Cover administrative expenses of the program
including service contracts;
(B) Satisfy anticipated claims from mine
subsidence loss;
(C) Establish a surplus to cover catastrophic
hazard and to ensure solvency.
(vi) Designation of structures or areas for which
coverage shall not be available;
(vii) Inspection of structures prior to issuing
insurance coverage;
(viii) Rules or regulations necessary to enable the
state to qualify for federal grants for state mine subsidence
loss insurance programs.
(c) The governor may accept grants from any source to aid
in establishing or operating the program under this act.
35-11-1303. Applicability of Wyoming Insurance Code;
exemption.
(a) The Wyoming Insurance Code applies to transactions
under this act except:
(i) The state and its officers, agencies and
employees are exempt from the licensing, financial and tax
requirements imposed by chapters 3, 4, 6, 7 and 8 of the Wyoming
Insurance Code;
(ii) Any person who contracts with the state to
transact insurance under this act is subject to the Wyoming
Insurance Code as if the state were an insurer with a
certificate of authority to transact the insurance in this
state.
35-11-1304. Account created; premiums to be deposited;
payment of expenses and claims.
There is created a mine subsidence loss insurance account. All
premiums, fees, amounts recovered under the program and, where
appropriate, grants shall be deposited into this account. The
legislature shall authorize expenditures by appropriation from
the account as necessary to defray the administrative expenses
of the program but not claims for losses under policies. The
remaining funds in the account shall be used and are
appropriated to pay claims for losses under insurance policies
under this act.
ARTICLE 14 - STORAGE TANKS
35-11-1401. Repealed by Laws 1990, ch. 98, § 3.
35-11-1402. Repealed by Laws 1990, ch. 98, § 3.
35-11-1403. Repealed by Laws 1990, ch. 98, § 3.
35-11-1404. Repealed by Laws 1990, ch. 98, § 3.
35-11-1405. Repealed by Laws 1990, ch. 98, § 3.
35-11-1406. Repealed by Laws 1990, ch. 98, § 3.
35-11-1407. Repealed by Laws 1990, ch. 98, § 3.
35-11-1408. Repealed by Laws 1990, ch. 98, § 3.
35-11-1409. Repealed by Laws 1990, ch. 98, § 3.
35-11-1410. Repealed by Laws 1990, ch. 98, § 3.
35-11-1411. Repealed by Laws 1990, ch. 98, § 3.
35-11-1412. Repealed by Laws 1990, ch. 98, § 3.
35-11-1413. Repealed by Laws 1990, ch. 98, § 3.
35-11-1414. Short title; purpose; department report.
(a) This article is known and may be cited as the "Storage
Tank Act of 2007".
(b) The legislature recognizes the threat to the public
health, safety, welfare and the environment caused by pollution
to soil and water from underground and aboveground storage
tanks. The purpose of this article is to take primacy of the
underground storage tank program and to provide funding to take
corrective actions at sites contaminated by underground storage
tanks and aboveground storage tanks.
(c) The legislature also recognizes that owners and
operators cannot take corrective action without placing their
businesses' existence in financial jeopardy. The legislature
finds that, because Wyoming is a large rural state, it is in the
public interest to take corrective action at contaminated sites
so that fuel will continue to be readily available throughout
Wyoming.
(d) The department shall prepare an annual report for the
legislature identifying the actions taken and monies expended
pursuant to this article.
35-11-1415. Definitions.
(a) As used in this article:
(i) "Corrective action" means an action taken to
investigate, minimize, eliminate or clean up a release to
protect the public health, safety and welfare or the
environment;
(ii) "Corrective action account" means the account
established in W.S. 35-11-1424;
(iii) "Department" means the department of
environmental quality through its solid and hazardous waste
division;
(iv) "Environmental pollution financial
responsibility account" or "financial responsibility account"
means the account established in W.S. 35-11-1427;
(v) "Operator" means any person in control of, or
having responsibility for, the daily operation of the tank;
(vi) "Owner" means:
(A) In the case of an underground storage tank
in use or brought into use on or after November 8, 1984, any
person who owns an underground storage tank while it is used for
the storage, use or dispensing of regulated substances;
(B) In the case of an underground storage tank
in use before November 8, 1984, but no longer in use after that
date, any person who owned such a tank immediately before the
discontinuation of its use;
(C) Any person who owns an aboveground storage
tank meeting the definition of paragraph (xi) of this
subsection;
(D) In the case of a site contaminated by an
aboveground or underground storage tank regulated under this
article and where all tanks have been permanently closed, any
person who owns the site.
(vii) "Regulated substance" means:
(A) Any substance defined in section 101(14) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 but not including any substance regulated
as a hazardous waste under subtitle C of the Resource
Conservation and Recovery Act; and
(B) Petroleum, including crude oil or any
fraction thereof, which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7 pounds
per square inch absolute).
(viii) "Release" means any spilling, leaking,
emitting, discharging, escaping, leaching or disposing from a
tank into groundwater, surface water or subsurface soils;
(ix) "Underground storage tank" means and includes
any one (1) or combination of underground storage tanks,
including underground pipes connected thereto, used to contain
an accumulation of regulated substances, and the volume of
which, including the volume of the underground pipes connected
thereto, is ten percent (10%) or more beneath the surface of the
ground, but does not include:
(A) A farm or residential underground storage
tank of one thousand one hundred (1,100) gallons or less
capacity used for storing motor fuel for noncommercial or
agricultural purposes;
(B) An underground storage tank used for storing
heating oil for consumptive use on the premises where stored;
(C) Septic tanks;
(D) A pipeline facility, including gathering
lines, regulated under:
(I) Repealed by Laws 2017, ch. 35, § 3.
(II) Repealed by Laws 2017, ch. 35, § 3.
(III) An intrastate pipeline facility
regulated under state laws, as provided in 49 U.S.C. chapter
601, which is determined by the United States secretary of
transportation to be connected to a pipeline or to be operated
or intended to be capable of operating at pipeline pressure or
as an integral part of a pipeline;
(IV) 49 U.S.C. chapter 601.
(E) Surface impoundments, pits, ponds or
lagoons;
(F) Storm water or wastewater collection systems
including oil/water separators used to separate oil and water at
oil production sites, gas processing plants and refineries;
(G) Flow-through process tanks;
(H) Liquid traps or associated gathering lines
directly related to oil or gas production and gathering
operations;
(J) Storage tanks situated in an underground
area, if the storage tank is situated upon or above the surface
of the floor;
(K) Underground storage tanks of one hundred ten
(110) gallons or less of holding capacity;
(M) Underground storage tanks containing de
minimus concentrations of regulated substances;
(N) Emergency spill or overflow containment
underground storage tank systems that are expeditiously emptied
after use;
(O) An underground storage tank system holding
hazardous wastes listed or identified under Subtitle C of the
federal Solid Waste Disposal Act or a mixture of such hazardous
waste and other regulated substances;
(P) A wastewater treatment tank system that is
part of a wastewater treatment facility regulated under section
307(b) or 402 of the federal Clean Water Act;
(Q) Any equipment or machinery that contains
regulated substances for operational purposes such as hydraulic
lift tanks and electrical equipment tanks.
(x) Repealed by Laws 2019, ch. 186, § 2.
(xi) "Aboveground storage tank" means any one (1) or
a combination of containers, vessels and enclosures, including
structures and appurtenances connected to them, constructed of
nonearthen materials including but not limited to concrete,
steel or plastic which provides structural support, the volume
of which including the pipes connected thereto is more than
ninety percent (90%) above the surface of the ground, which is
used by a dealer to dispense gasoline or diesel fuels;
(xii) "Dealer" means a person meeting the definition
of W.S. 39-17-101(a)(v) or 39-17-201(a)(vi);
(xiii) "Tank" means and includes both underground and
aboveground storage tanks as defined by this act.
35-11-1416. Rules and regulations.
(a) The council shall promulgate rules and regulations
necessary to administer this article after recommendation from
the director of the department, the administrators of the
various divisions and their respective advisory boards. The
rules shall include but shall not be limited to rules and
regulations which:
(i) Provide for performance, operating and
installation standards for underground storage tanks which shall
be no less or no more stringent than the federal standards. The
rules shall include, but shall not be limited to, standards for
upgrading existing facilities, abandonment, closure,
compatibility, construction, design, installation, record
maintenance and release detection, spill and overfill,
inspection procedures and compliance deadlines. The rules shall
include standards for aboveground storage tanks determined by
the council to be necessary to meet the goals of this paragraph;
(ii) Require proof of financial assurance as required
by federal law for underground storage tanks;
(iii) Specify the requirements for delegating
installation or modification inspection authority including but
not limited to requirements for inspectors;
(iv) Establish a procedure or procedures for
reporting any release from a tank;
(v) Require taking corrective action in response to a
reported release from a tank. These rules may include
provisions under which priorities for corrective action may be
established considering the state resources available to take
corrective actions and the threat posed to public health, safety
and welfare or the environment;
(vi) Require records for compliance with repairs and
upgrades to be maintained for the operational life of the tank;
(vii) Adopt the requirements for notification to the
department when there is a change of ownership or control over a
tank in accordance with W.S. 35-11-1420(a);
(viii) Specify the requirements for notifying the
department of installations or modifications in accordance with
W.S. 35-11-1420(b);
(ix) Specify standards for restoration of the
environment;
(x) Require proof of financial assurance for
aboveground storage tanks if the owner of the aboveground
storage tank desires to be eligible for coverage under the
financial responsibility account.
35-11-1417. Noninsurance proviso.
Nothing in this article shall be construed as creating an
insurance company nor in any way subjecting the accounts created
to the laws of the state regulating insurance or insurance
companies.
35-11-1418. Repealed By Laws 2007, Ch. 88, § 3.
35-11-1419. Tank registration; proof of insurance.
(a) After each new installation or modification of a
regulated storage tank system the owner of a tank shall register
the tank with the department on forms developed and furnished by
the department. The registration form shall be submitted under
oath or affirmation. The forms shall include but not be limited
to:
(i) The name, address and telephone number of the
tank owner;
(ii) The name, address and telephone number of the
tank operator;
(iii) A description of the location of the facility
where the tank is maintained or operated and the location of the
tank at that facility;
(iv) The type and age of each tank at the facility;
(v) The type of substance stored or contained in the
tank;
(vi) The size of each tank;
(vii) Whether the tank is currently in use, and if
not, the most recent date of use of the tank if known;
(viii) The most recent date the tank was tested and a
copy of the test results if not previously submitted;
(ix) Whether the owner of the tank has insurance or
other types of financial assurance to cover at least thirty
thousand dollars ($30,000.00) as specified in W.S.
35-11-1428(c)(i);
(x) Proof as required by federal law that an owner of
more than one hundred (100) underground storage tanks anywhere
in the United States has insurance, or other environmental
pollution financial responsibility instrument, indicating at
least two million dollars ($2,000,000.00) in liability
protection for releases occurring from any of those regulated
tanks; and
(xi) Other information as may be required by rules
and regulations.
35-11-1420. Tank notification required; change of owner;
installation requirements; inspections.
(a) In the event of the transfer of any tank to a
different owner, notification of the transfer shall be provided
to the department by the new and former owners. Such
notifications shall be made on forms developed and provided by
the department and shall include:
(i) The name, address and telephone number of the
former and new tank owner;
(ii) The name, address and telephone number of the
former and new tank operator;
(iii) A description of the location of the facility
where the tank is maintained or operated and the location of the
tank at that facility; and
(iv) Proof of insurance or other types of financial
assurance by the new or former owner as applicable.
(b) No person shall install or substantially modify, or
cause to be installed or substantially modified, any new or
replacement tank without thirty (30) days prior notification to
the department. Upon completion of the installation or
modification the owner shall notify the department and the
department shall within ten (10) days of receiving notification
of completion, inspect the site or have the site inspected by a
qualified state, local government or private inspector. No tank
shall be operated until the department determines the
installation or modification meets the applicable standards and
the department has issued a written inspection letter to the
tank owner stating that the facility, as constructed or
modified, meets state standards, except that if the department
has not inspected the tank within fifteen (15) days after
receiving notice of completion, the tank may be operated without
written notification of the department until the tank is
inspected.
(c) The department shall collect an installation or
modification fee of five hundred dollars ($500.00) for each tank
or for all multiple tanks installed or modified at the same time
and at the same site. The fees collected under this subsection
shall be deposited in the general fund.
(d) If an owner or operator is unable to comply with
subsection (b) of this section because of an emergency, he shall
inform the department as soon as possible after the emergency is
known. The owner or operator shall provide the information on
the installation or modifications as required by this section
without delay thereafter but within five (5) working days from
the time the department is informed of the emergency.
35-11-1421. Reporting releases.
An owner or operator shall report a known or suspected release
to the department as required by rules and regulations.
35-11-1422. Right of entry; inspection.
(a) When requested by an authorized agent of the state the
owner or operator shall:
(i) Provide information to determine compliance with
the statutes and rules and regulations;
(ii) Provide access to any site or premises where a
tank is located or where any records relevant to the operation
of a tank are kept;
(iii) Provide copies of any records relevant to the
operation of a tank;
(iv) Allow the authorized agent to obtain samples of
the regulated substances;
(v) Allow the authorized agent to inspect or conduct
the monitoring or testing of the tank system; and
(vi) Allow the authorized agent entry on the premises
to do assessments and corrective actions.
(b) A duplicate sample taken by or for the state for
testing shall be provided to the tank owner if requested by the
owner. A duplicate copy of the analytical report from the
department pertaining to the samples taken shall be provided as
soon as practicable to the tank owner.
(c) No person conducting an inspection under this section
shall unreasonably interfere with the operations, business or
work, of any person at the site being inspected. The tank owner
or operator shall be given the opportunity to accompany any
person making an inspection.
(d) In carrying out a corrective action the department has
the right to construct and maintain any structure, monitor well,
recovery system or any other reasonable and necessary item
associated with taking corrective action.
(e) The department shall give a minimum of seven (7)
working days notice prior to an investigation unless an
emergency exists.
35-11-1423. Public notice; right to intervene.
(a) The department shall notify the affected public of all
confirmed releases requiring a plan for soil and groundwater
remediation, and upon request, provide or make available to the
interested public information concerning the nature of the
release and the corrective actions planned or taken.
(b) Any person having an interest that is or may be
adversely affected may intervene as a matter of right in any
civil action for remedies specified in this act.
35-11-1424. Corrective action account created; use of
monies; cost recovery.
(a) There is created the corrective action account. This
account is intended to provide for financial assurance coverage
required by federal law and shall be used by the department to
take corrective action in response to a release and to remediate
orphan sites and solid waste landfills. The department shall use
monies from the corrective action account as appropriated by the
legislature for the administration of this article, W.S. 35-11-
533 through 35-11-537 and 35-11-1701. Interest earned by this
account shall be deposited in the general fund. Monies in the
corrective action account may also be used for the state
drinking water and water pollution control revolving loan
accounts pursuant to W.S. 16-1-201 through 16-1-207 and 16-1-301
through 16-1-308. Except as provided in subsection (p) of this
section, and contingent on availability of money in the
corrective action account, the director shall distribute monies
in the corrective action account to the solid waste landfill
remediation account created by W.S. 35-11-535 and the orphan
site remediation account created pursuant to W.S. 35-11-1701 on
July 1 of each specified year in an amount up to:
(i) 2019-one million dollars ($1,000,000.00) to the
solid waste landfill remediation account and one million dollars
($1,000,000.00) to the orphan site remediation account;
(ii) 2020-four million dollars ($4,000,000.00) to the
solid waste landfill remediation account and one million dollars
($1,000,000.00) to the orphan site remediation account;
(iii) 2021 – five million dollars ($5,000,000.00) to
the solid waste landfill remediation account and one million
dollars ($1,000,000.00) to the orphan site remediation account;
(iv) 2022 – five million dollars ($5,000,000.00) to
the solid waste landfill remediation account and one million
dollars ($1,000,000.00) to the orphan site remediation account;
(v) 2023 – six million dollars ($6,000,000.00) to the
solid waste landfill remediation account and one million dollars
($1,000,000.00) to the orphan site remediation account;
(vi) 2024 through 2028 – provided that in no event
shall monies plus net accounts receivable in the corrective
action account on July 1 of any year of this period be less than
two million dollars ($2,000,000.00), the director shall:
(A) Determine expected expenditures from the
corrective action account for the underground storage tank
program for the next fiscal year and retain monies equal to that
amount in the corrective action account;
(B) Deposit up to one million dollars
($1,000,000.00) from the remainder of the monies in the
corrective action account into the orphan site remediation
account; and
(C) Deposit the remainder of the monies from the
corrective action account into the solid waste landfill
remediation account.
(vii) 2029 and each year thereafter-the director
shall determine expected expenditures from the corrective action
account for the underground storage tank program for the next
fiscal year and retain monies equal to that amount in the
corrective action account, with the remainder of the monies
being divided and deposited at the director's discretion into
the solid waste landfill remediation account and the orphan site
remediation account, but in no event shall monies plus net
accounts receivable in the corrective action account on July 1
of any year be less than two million dollars ($2,000,000.00).
(b) The department shall establish priority lists of sites
contaminated by tanks. The priorities shall be based on public
health, safety and welfare and environmental concerns. The
council after recommendation from the director of the
department, the administrator of the various divisions and their
respective advisory boards shall promulgate rules and
regulations for defining priorities.
(c) The department shall use corrective action account
monies to take corrective actions at sites contaminated by
tanks. The department shall take corrective actions based on
the sites' placement on the priority list. However, if an
emergency threat to public health, safety and welfare or to the
environment exists, or costs of cleanup may be significantly
reduced, a site may be moved up on the priority list for
immediate corrective action.
(d) For a site to be eligible for use of monies in the
corrective action account, the owner or operator of the site
shall, if required, pay the tank fee required by W.S.
35-11-1425, conduct a minimum site assessment, as defined by
rule and regulation, and, if contamination is found, take action
to prevent continuing contamination. The department shall
notify all owners and operators on record at the department of
the minimum site assessment requirements. Sites which do not
meet the eligibility requirements specified in this subsection
shall not be eligible for use of any monies in the corrective
action account. Owners and operators of these ineligible sites
shall not use the corrective action account for proof of
financial assurance for the sites. Pending determination of the
site's eligibility, the department may use corrective action
account monies for corrective actions at a contaminated site.
(e) Sites where tanks have been removed or abandoned in
accordance with any government regulations effective at the time
of abandonment may become eligible for use of corrective action
account monies if the person who owns the site pays a two
hundred dollar ($200.00) annual fee per site and conducts a site
assessment as required by subsection (d) of this section. The
annual fee per site required under this subsection shall be paid
for a maximum of ten (10) years and shall then lapse until
corrective action is undertaken by the department. Failure to
meet these requirements may subject the person who owns the site
to suit for corrective action or cost recovery. The fee
collected under this subsection shall be deposited in the
corrective action account. The department shall notify all the
owners and operators who are on record at the department who
have removed or properly abandoned a tank of the provisions of
this subsection.
(f) If, after due diligence, no owner or operator can be
found, a contaminated site shall be placed on the priority list
in appropriate rank with other sites. If an owner or operator
of a site which is not in compliance and the owner or operator
refuses to comply with subsection (d) of this section is
discovered, that site shall be considered as ineligible for use
of corrective action account monies and shall be treated as
defined in subsection (g) of this section.
(g) The department may, by an action brought by the
attorney general against an owner or operator, recover
reasonable and necessary expenses incurred by the department in
taking a corrective action. These recoverable expenses include
but are not limited to costs of investigating a release,
administrative costs and reasonable attorney fees. The
department's certification of expenses is prima facie evidence
the expenses are reasonable and necessary. Expenses recovered
under this section shall be deposited in the corrective action
account unless otherwise required by state or federal law. The
department may sue for recovery of expenses only if:
(i) The owner or operator has failed to take the
actions required for that site in subsection (d) of this
section; or
(ii) The owner or operator had tank insurance for
that site at the time of the release. However no such recovery
under this subsection may exceed the limits or coverage of the
insurance policy in question.
(h) The state has a right of subrogation to any insurance
policies in existence at the time of the release to the extent
of any rights the owner may have had under that policy. This
right of subrogation shall apply regardless of the owner's
eligibility to use corrective action account monies under
subsection (d) of this section. In implementing this section
the department shall:
(i) Notify all known owners and operators, past and
present, of sites where contamination from a tank is known to
exist and request information relating to any insurance policies
they possess or possessed at the time of release that may
provide coverage for corrective action or cleanup of the
contamination at the site;
(ii) Notify all insurance companies which have been
identified to the department pursuant to W.S. 35-11-1419 and may
have issued insurance policies that provide coverage for
contamination from tanks and request copies of any such
policies. In notifying insurance companies the department shall
provide the insurance company with the name of all known owners,
past and present, and the legal description of the site upon
which the tank is or was located. The department notification
shall require each insurance company to notify the department
whenever there is a change in the insurance policy, including
cancellation.
(j) Nothing in this section shall be construed to
authorize payments for the repair, removal or replacement of any
tank or equipment.
(k) Nothing in this section shall be construed to
authorize payments or commitments for payments in amounts in
excess of the monies available.
(m) Within thirty (30) days after receipt of notification
that the corrective action account has become incapable of
paying for assured corrective actions, the owner or operator
shall obtain alternate financial assurance.
(n) Any person or insurance company notified by the
department under paragraph (h)(i) or (ii) of this section shall
provide the requested information to the department within
thirty (30) days of receipt of the notification. In addition to
other remedies provided for in this act, failure of any
insurance company to provide copies of the requested policies
shall result in the statute of limitations provided in
subsection (o) of this section being tolled for any action the
department may bring in subrogation until such time as the
policy is discovered.
(o) Notwithstanding any other applicable period of
limitation, upon notification by any owner, operator or
insurance company of any insurance coverage in existence, the
department shall have five (5) years to commence any action for
the recovery of proceeds under the applicable policy.
(p) The director is authorized to withhold distributions
from the corrective action account to the solid waste
remediation account and the orphan site remediation account as
provided in subsection (a) of this section in the event of:
(i) An emergency involving a leaking underground
storage tank which requires immediate corrective action which
will require an expenditure of monies in excess of the monies
available in the corrective action account; or
(ii) Monies in the account are less than the amount
required by federal law to provide for financial assurance
coverage or adequate leaking underground storage tank
remediation.
(q) The director shall submit a report to the joint
minerals, business and economic development interim committee by
June 15, 2019 and by June 15 of every year thereafter,
describing the amount to be withheld in the corrective action
account pursuant to subsections (a) and (p) of this section, and
the factors used in making those determinations, and describing
the distributions of monies from the corrective action account
to the solid waste landfill remediation account and the orphan
site remediation account.
(r) Repealed by Laws 2018, ch. 12, § 2.
35-11-1425. Tank fee; deposit into corrective action
account; late fee.
(a) On or before January 1 of each year the owner of a
tank shall pay a fee to the department of two hundred dollars
($200.00) per tank owned. This fee shall be deposited in the
corrective action account.
(b) On April 1 of each year the department may assess a
late payment fee of one hundred dollars ($100.00) per tank or
contaminated site against any owner who has not paid the annual
fee required pursuant to subsection (a) of this section or W.S.
35-11-1424(e). This late fee shall be paid by the owner and
shall be in addition to the annual fee required pursuant to
subsection (a) of this section or W.S. 35-11-1424(e) and shall
be deposited in the department's corrective action account.
(c) The change from July 1 to January 1 for the due date
of storage tank fees shall be revenue neutral. The department
shall collect one-half (1/2) of the annual fee on July 1, 2007
and shall collect the full annual fee on January 1, 2008 and
annually thereafter.
35-11-1426. Restoration standard.
Any owner or operator, department or other person taking a
corrective action shall restore the environment to a condition
and quality consistent with standards established in rules and
regulations.
35-11-1427. Financial responsibility account.
There is created the environmental pollution financial
responsibility account. This account is intended to provide for
financial assurance coverage required by federal law for
underground storage tanks and establish financial assurance
coverage for aboveground storage tanks and shall be for the
purpose of compensating third parties for damage caused by
releases from one (1) or more tanks. Interest earned by the
account shall be deposited in the general fund.
35-11-1428. Uses of financial responsibility account
monies.
(a) As provided in this section, the department shall, on
application by an owner or operator, direct the payment of
monies from the financial responsibility account to satisfy
judgments against the owner or operator for third party property
damage or personal injury.
(b) The attorney general shall be served by certified mail
return receipt requested with a copy of the complaint filed in
any suit initiated against an owner or operator for third party
property damage or personal injury. Service of the complaint on
the attorney general is a jurisdictional requirement in order to
maintain the suit. The attorney general shall be notified in
writing by certified mail return receipt requested of any
judgment, compromise, settlement or release entered into by an
owner or operator. As provided in this section, the department
shall, on application by an owner or operator, direct the
payment of monies from the financial responsibility account to
pay settlements for third party property damage or personal
injury on terms negotiated by the attorney general and approved
by the council.
(c) The monies from the financial responsibility account
shall only be used to pay judgments and settlements not to
exceed one million dollars ($1,000,000.00), for all the damages
arising from releases from one (1) or more of the tanks on a
site, provided that the owner or operator:
(i) Shall remain liable for payment of the judgment
or settlement up to, but not exceeding, thirty thousand dollars
($30,000.00). The department may bring an action against the
owner or operator to recover any amount paid by the department
pursuant to a judgment or settlement for which the owner or
operator remains liable under this paragraph;
(ii) Has not been relieved of his responsibility for
the judgment or settlement by operation of law or otherwise.
For purposes of this paragraph, an owner or operator shall not
be deemed to have been relieved of his responsibility for the
judgment or settlement by virtue of the Governmental Claims Act;
and
(iii) Pays the tank fee required by W.S.
35-11-1424(e) or 35-11-1425, conducts a minimum site assessment,
as defined by rule and regulation, and, if contamination is
found, takes action to prevent continuing contamination.
(d) Nothing herein shall be construed to authorize the
department to obligate funds from the financial responsibility
account for payment of costs which may be associated with, but
are not integral to, the personal injury or property damage such
as the costs for modifying, removing or replacing tanks.
(e) The department shall establish a priority list for
purposes of the financial responsibility account. The
department shall not approve use of monies from the financial
responsibility account if there are insufficient monies in the
account to fund the application before the department and all
other outstanding commitments.
(f) Nothing in this section shall be construed to
authorize commitments to cover property or personal injury
damages in excess of the balance in the financial responsibility
account.
(g) Within thirty (30) days after receipt of notification
that the financial responsibility account has become incapable
of paying for assured third party compensation costs, the owner
or operator shall obtain alternate financial assurance.
35-11-1429. Tank requirements; rulemaking authority.
(a) Cathodic protection shall be installed and operated on
all internally lined underground storage tanks no later than
June 30, 2008.
(b) All underground storage tank systems that dispense
more than five hundred thousand (500,000) gallons per month of a
regulated substance shall be replaced with double wall tanks and
lines with interstitial leak monitoring no later than June 30,
2012, or thirty (30) years from the date of installation of the
underground storage tank, whichever is later.
(c) Double wall underground storage tanks and lines with
interstitial leak monitoring shall be installed whenever any
underground storage tank is installed.
(d) Double wall underground storage tank system lines with
interstitial leak monitoring shall be installed whenever any
line is installed on any underground storage tank system. Except
piping connected to field-constructed underground storage tank
systems with a capacity exceeding fifty thousand (50,000)
gallons or piping that is used for an airport hydrant system, if
existing single wall underground piping connected to an
underground storage tank system fails due to corrosion or fails
and has been recalled by the manufacturer, the entire run of
single wall piping shall be replaced with double wall piping
with interstitial monitoring regardless of the length of piping
requiring repair.
(e) The council may promulgate rules and regulations to
administer this section after recommendation from the director.
(f) A double wall and interstitially monitored underground
storage tank or underground piping installed after December 1,
2005, shall be interstitially monitored for the lifetime of the
tank or piping.
(g) Except essential homeland security systems, emergency
generator systems and systems used for other disaster relief
efforts, if a new piping interstitial monitoring system is
installed and sump sensors are used as standalone automatic leak
detectors, the system shall be configured to shut off the flow
of product in that piping run when a sump sensor triggers an
alarm.
35-11-1430. W.S. 35-11-1430(b) repealed this section
effective June 30, 2009. (Laws 2007, Ch. 172, § 1.)
35-11-1431. Tank system operators, installers and testers
licensing; rulemaking authority.
(a) After recommendation from the director and
consultation with the appropriate advisory boards, the council
shall promulgate rules and regulations to develop standards for
the licensure of all tank system operators, installers and
testers. At minimum, those rules and regulations shall:
(i) Prescribe licensure requirements for any person
installing, modifying or testing an underground or aboveground
storage tank;
(ii) Prescribe class A and B operator licensure
requirements which shall include passing a department approved
exam;
(iii) Prescribe training requirements for class C
operators;
(iv) Require at least one (1) person present on the
job site to be licensed by the department to install or modify a
tank system.
35-11-1432. Temporarily out of use tanks; rulemaking.
Except tanks within operating facilities, any underground or
aboveground storage tank that has been temporarily out of use
for more than twelve (12) months shall be permanently closed in
accordance with department rule and regulation not later than
twelve (12) months after the date on which the tank is placed in
temporarily out of use status or July 1, 2018, whichever is
later, unless a time extension is authorized in writing by the
department.
ARTICLE 15 - RADIOACTIVE WASTE STORAGE FACILITIES
35-11-1501. Definitions.
(a) As used in this article:
(i) "High-level radioactive waste" means as defined
in the "Nuclear Waste Policy Act of 1982" as amended, 42 U.S.C.
§ 10101 et seq.;
(ii) "High-level radioactive waste storage" means the
emplacement of high-level radioactive waste or spent nuclear
fuel regardless of the intent to recover that waste or fuel for
subsequent use, processing or disposal;
(iii) "High-level radioactive waste storage facility"
includes any facility for high-level radioactive waste storage,
other than a permanent repository operated by a federal agency
pursuant to the Nuclear Waste Policy Act of 1982, as amended.
"High-level radioactive waste storage facility" includes an
independent spent fuel storage installation as defined in title
10 of the Code of Federal Regulations part 72 section 3;
(iv) "Spent nuclear fuel" means as defined in the
Nuclear Waste Policy Act of 1982 as amended, 42 U.S.C. § 10101
et seq.
35-11-1502. Application to site a high-level radioactive
waste storage facility; requirements; payment of costs.
(a) Any person undertaking the siting of any high-level
radioactive waste storage facility shall do so in accordance
with this article. Facilities subject to this article are
exempt from the jurisdiction of the Industrial Development
Information and Siting Act, W.S. 35-12-101 et seq.
(b) Any person undertaking the siting of any facility
governed by this section shall submit an application documenting
the following information to the director:
(i) The criteria upon which the proposed site was
chosen, and information showing how the site meets the criteria
of the nuclear regulatory commission and the department pursuant
to W.S. 35-11-1506(c)(xvi);
(ii) The technical feasibility of the proposed waste
management technology;
(iii) The environmental, social and economic impact
of the facility in the area of study;
(iv) Conformance of the plan with the federal
guidelines for a high-level radioactive waste storage facility.
(c) The application shall be accompanied by an initial
deposit of eight hundred thousand dollars ($800,000.00) plus any
excess amount collected from the feasibility agreement pursuant
to W.S. 35-11-1506(c). Effective July 1, 2018, and annually
thereafter, the amount of the initial deposit shall be adjusted
for inflation by the department using the consumer price index
or its successor index of the United States department of labor,
bureau of labor statistics, for the calendar year immediately
preceding the date of adjustment. The purpose of the initial
deposit and additional monthly payments as billed to the
applicant shall be to cover the costs to the state associated
with the investigation, review and processing of the application
and with the preparation and public review of the report
required in W.S. 35-11-1503 and 35-11-1504. Unused fees under
this subsection shall be refunded to the applicant. The initial
deposit shall be held in an interest bearing account in reserve
by the department to guarantee that sufficient funds are
available to pay for any outstanding costs incurred by the state
in the event that the applicant is unable to complete the
application process for any reason. Any costs to the state for
application processing, preparation of the report required in
W.S. 35-11-1503 and 35-11-1504 and for any other costs incurred
by the state to fulfill any requirement of article 15 of this
act, shall be billed by certified mail and reimbursed to the
state by the applicant on a monthly basis at a rate established
by the state for comparable other similar permitting reviews.
The applicant may appeal the assessment to the department within
twenty (20) days after receipt of the written notice. The appeal
shall be based only upon the allegation that the particular
assessment is erroneous or excessive. Failure of the applicant
to pay within thirty (30) days of the date of mailing shall be
cause for suspension or termination of the application process.
Upon termination of the process, any unused sum remaining in
said reserve account shall be returned to the applicant.
(d) Any applicant for a permit to construct and operate a
high-level radioactive waste storage facility shall share
pertinent information relevant to both state and nuclear
regulatory commission permitting. It is the intention of this
article that an applicant can supply information common to both
state and federal permitting, without duplication of effort.
(e) Upon receipt of an application under subsection (b) of
this section, the director shall, at the earliest possible date,
apply for any funds which may be available to the state from the
Interim Storage Fund or the Nuclear Waste Fund under the
provisions of 42 U.S.C. § 10156 and 42 U.S.C. § 10222. The
director may apply for other funds which may become available to
the state under any other federal or state program for
high-level radioactive waste storage facilities. Nothing in this
subsection shall be construed as authorizing the siting,
construction or operation of any high-level radioactive waste
storage facility not otherwise authorized under this article.
35-11-1503. Preparation of the report by the department.
(a) Except as otherwise provided in this subsection, the
department shall within twenty-one (21) months of receipt of an
application and the application fee under W.S. 35-11-1502,
prepare a report which examines the environmental, social and
economic impacts of any proposal to site a high-level
radioactive waste storage facility within the state. The
director may determine that more than twenty-one (21) months is
required to complete the report. If the director makes this
determination, the director shall extend the deadline as
appropriate and notify the applicant and the legislature of the
additional time required. The director may employ experts,
contract with state or federal agencies, or obtain any other
services through contractual or other means to prepare the
report.
(b) Any report prepared under this section shall evaluate
and assess all probable impacts associated with any proposal to
site a high-level radioactive waste storage facility within the
state, including but not limited to short term impacts and any
other impacts which may be serious, reversible or irreversible.
In developing the report under this section, the director may
consider the guidelines and standards for preparation of an
environmental impact statement under section 102(2)(C) of the
National Environmental Policy Act of 1969, as amended, 42 U.S.C.
§ 4332(2)(C). If appropriate and to the extent practicable, the
department shall prepare a joint report with the nuclear
regulatory commission under the National Environmental Policy
Act.
(c) The report shall evaluate the environmental, social
and economic impacts to the state from a range of alternative
actions, including the siting of the high-level radioactive
waste storage facility as proposed, the no action alternative
and other alternatives.
(d) The report shall include a proposed benefits
agreement, which shall be negotiated with the person who
proposes to site the high-level radioactive waste storage
facility.
(e) The director shall, in the preparation of the report,
identify a recommended action from among the alternatives
evaluated.
35-11-1504. Public review of any report for the siting of
a high-level radioactive waste storage facility; submission to
legislature.
(a) The department shall submit any report prepared under
W.S. 35-11-1503 for public review as required under this
section. The public shall be afforded an opportunity to review
the report and provide comments to the director. The director
shall hold public hearings in the county or counties where the
proposed storage facility will be located and throughout the
state, to the extent practicable, to receive comments on the
report.
(b) Following any public review of the report as provided
in this section, but in no event before the United States
department of energy issues a final environmental impact
statement in accordance with the law along with a license
application for a permanent repository for high-level
radioactive waste, the director shall submit the report to the
legislature. The submission by the director shall include:
(i) The report;
(ii) The director's preferred or recommended
alternative;
(iii) Any conditions proposed by the director
regarding siting, construction, operation, monitoring,
decontamination or decommissioning, or any other element of the
proposed project that the director determines to be necessary to
protect the public health or environment of the state, or to
mitigate local or statewide social or economic impacts;
(iv) The proposed benefits agreement, including but
not limited to:
(A) The number of jobs that will be created in
planning, permitting, licensing, site analysis and preparation,
purchasing, construction, transportation, operation and
decommissioning;
(B) Local and state taxes generated by all
aspects of the project;
(C) Benefits from job training, education,
communication systems, monitoring and security systems;
(D) Mitigation payments to the affected
communities;
(E) Cash and other in kind benefits that will
offset any adverse effects;
(F) The duration of benefits from the project of
all kinds.
(v) A summary of and a discussion of the
considerations given by the department to any public comments
received.
35-11-1505. Benefits agreement.
No benefits agreement shall be finally effective until
authorized by the legislature under W.S. 35-11-1506. The
benefits agreement shall be sufficient to offset adverse
environmental, public health, social or economic impacts to the
state as a whole, and specifically to the local area hosting the
storage facility. The benefits agreement shall be attached to
and made part of any permit for the facility. Failure to adhere
to the benefits agreement shall be considered grounds for
enforcement up to and including permit termination. No benefits
agreement as provided in this section shall limit or waive any
rights afforded to the state by the Nuclear Waste Policy Act, as
of March 1, 1995, including any right to disapprove any site or
siting.
35-11-1506. Legislative approval of the siting of high-
level radioactive waste storage facilities; conditions.
(a) Except as provided in subsection (e) of this section,
no construction may commence, nor shall any high-level
radioactive waste storage facility be sited within this state,
unless the legislature has enacted legislation approving the
siting, construction and operation of the facility in accord
with this section. Any authorization of a facility under this
section shall not be considered to grant to any person an
exclusive right or franchise to store high-level radioactive
wastes within the state.
(b) In addition to any facility which meets the
requirements of subsection (e) of this section, the legislature
may authorize one (1) or more facilities under subsection (a) of
this section if it finds that:
(i) The siting of a high-level radioactive waste
storage facility within the state is in the best interests of
the people of Wyoming;
(ii) The siting of a high-level radioactive waste
storage facility within the state can be accomplished without
causing irreversible adverse environmental, public health,
social or economic impacts to the state as a whole, and
specifically to the local area hosting the proposed storage
facility;
(iii) The proposed benefits agreement is sufficient
to offset any adverse environmental, public health, social or
economic impacts to the state as a whole, and specifically to
the local area hosting the proposed storage facility; and
(iv) Sufficient safeguards, by contractual assurances
or other means, exist to provide that:
(A) The authorization to site, construct and
operate any proposed storage facility shall be limited to no
more than forty (40) years, provided that extensions may be
granted if the legislature enacts legislation authorizing
nuclear waste storage facilities to operate for more than forty
(40) years;
(B) Any wastes in storage at any facility shall
remain the property of the waste generator or civilian nuclear
power reactor owner, until transferred to permanent storage or
until the federal government takes title to the wastes under the
provisions of the Nuclear Waste Policy Act, 42 U.S.C. § 10101 et
seq.;
(C) Conditions substantially equivalent to the
licensing conditions imposed upon monitored retrievable storage
facilities under 42 U.S.C. § 10168(d) existing as of March 1,
1995 shall be effective for any high-level radioactive waste
storage facility authorized under this article; and
(D) There exists either a cooperative agreement
between the state and the nuclear regulatory commission, or such
other legally binding agreement for specific performance between
the director and the applicant, which shall provide for state
regulation of the facility.
(c) With permission of the governor and the management
council, an applicant for either a monitored retrievable storage
facility or an independent spent fuel storage installation may
enter into a preliminary but nonbinding feasibility agreement
and study with the director which shall be submitted to and
reviewed by the director, governor and the management council.
The public shall be afforded a thirty (30) day public comment
opportunity to review the feasibility agreement prior to its
submission to the governor and the management council. The
purposes of this feasibility agreement and study are to allow
the state to make a preliminary determination, whether, on the
basis of the feasibility agreement and study, the proposed
benefits substantially outweigh any adverse effects and to allow
an applicant based on the state's preliminary review of any
proposed benefit to determine whether or not a prudent investor,
planner, builder and operator would decide to proceed with an
application. Upon entering into a feasibility agreement, the
applicant shall pay to the state a fee of eighty thousand
dollars ($80,000.00). Effective July 1, 2018, and annually
thereafter, the fee shall be adjusted for inflation by the
department using the consumer price index or its successor index
of the United States department of labor, bureau of labor
statistics, for the calendar year immediately preceding the date
of adjustment. The fee shall be used by the department for
costs attendant to the preliminary agreement. Excess funds
collected may be used by the department to review an application
submitted under W.S. 35-11-1502. Appropriate time shall be
afforded the director, the governor, the management council and
the applicant to prepare and to evaluate the preliminary
agreement and study, but neither the state nor the applicant
shall unnecessarily delay the feasibility agreement and study.
The preliminary feasibility agreement and study shall not
supersede nor replace other requirements under this act. This
agreement and study shall set forth the following:
(i) The source and adequacy of the financing for the
facility and the applicant's ability to fulfill the terms of any
contract entered into regarding the siting, construction or
operation of the facility. The information required under this
paragraph shall include, but is not limited to, audited
financial statements covering the five (5) year period prior to
the feasibility agreement, a listing of all partners if the
applicant is a partnership and a listing of all persons owning
or controlling five percent (5%) or more of its stock if the
applicant is a corporation;
(ii) Financial strengths of prospective storage
customers;
(iii) The technical experience of the applicant and
his associates in permitting before the nuclear regulatory
commission, and in design, construction and operation of nuclear
facilities;
(iv) The preliminary design plan and technical
feasibility of the planned temporary fuel rod storage facility;
(v) The best estimate of a range of costs for the
permitting, planning and construction of the facility, based
upon available information;
(vi) The proposed storage capacity of the planned
facility, necessary to give reasonable assurance of economic
feasibility, with evidence to show that the proposed storage
capacity will not adversely affect the health and safety of
Wyoming people or the environment;
(vii) How the applicant will proceed with the
facility to assure that its construction, operation and
decommissioning will neither temporarily nor permanently
adversely affect the health and safety of Wyoming people;
(viii) A best estimate of a time frame required to
obtain the necessary permits, including nuclear regulatory
commission licensing, design and construction, and a suggested
time frame for decisions by Wyoming government to meet the
target timetable;
(ix) An outline of transportation plans, including
rail and highway;
(x) Substantial assurances that the facility is
temporary, including options for that assurance including a time
frame for the movement of the temporarily stored fuel rods to a
permanent repository, delivery of the stored rods to
reprocessing centers or to a purchaser, domestic or foreign,
buying the rods for future reprocessing;
(xi) A range of benefits the nearby communities and
the state might expect in return for temporarily storing the
fuel rods, and a best estimate of when the benefits might begin
to be received by the nearby communities and state;
(xii) A mutual review, by the state and applicant, of
a range of taxes the state might reasonably impose on the
facility and the fuel rods while they are in temporary storage
including the annual acceptance taxes to be levied on fuel rods,
based upon the kilograms of fuel rods stored at the Wyoming
facility;
(xiii) A description of security measures that would
be installed in and around the facility to isolate and protect
it from intruders;
(xiv) A description of an emergency response
procedure in the event of an unusual occurrence;
(xv) An outline of the information program an
applicant would initiate to explain its plans to the community
and state;
(xvi) A description of site suitability
characteristics and evidence that the applicant's proposed site
for the facility meets those characteristics;
(xvii) Evidence of support from nearby Wyoming
communities for exploring the project.
(d) If the legislature authorizes the siting of a facility
under subsection (a) of this section, the department shall issue
a permit incorporating the conditions presented to the
legislature including the benefits agreement. The issuance of
the permit is not appealable to the environmental quality
council. The permit shall also include a provision for payment
by the permittee of inspection and review costs unless such
costs are included in the benefits agreement.
(e) The legislature hereby authorizes the siting of
temporary high-level radioactive waste storage facilities within
this state subject to the following:
(i) A facility is authorized if:
(A) It is operated on the site of and to store
the high-level radioactive waste or spent nuclear fuel produced
by a nuclear power generation facility operating within the
state;
(B) The facility has received a license to
construct and operate from the United States nuclear regulatory
commission;
(C) The report required under paragraph (vi) of
this subsection has been submitted; and
(D) The operator of the facility is in
compliance with paragraph (vii) of this subsection.
(ii) Repealed by Laws 2022, ch. 103, § 2.
(iii) Repealed by Laws 2022, ch. 103, § 2.
(iv) Repealed by Laws 2022, ch. 103, § 2.
(v) Repealed by Laws 2022, ch. 103, § 2.
(vi) Not later than thirty (30) days before
construction of a nuclear electric generation facility
commences, the operator of the facility shall submit a report to
the department that includes:
(A) The number of jobs that will be created in
the planning, permitting, licensing, site analysis and
preparation, purchasing, construction, transportation, operation
and decommissioning of the facility and what number of those
jobs would be filled by Wyoming residents;
(B) Local and state taxes that are estimated to
be generated by all aspects of the construction, operation and
decommissioning of the facility;
(C) All benefits and impacts that will accrue to
the state and the local community where the facility will be
located, including benefits from job training, education,
communication systems, monitoring and security systems.
(vii) The operator of each facility shall send to the
department copies of all publicly available reports,
notifications and violations sent to or from the United States
nuclear regulatory commission or the operator of the facility as
soon as practicable but not later than five (5) days after the
operator sends or receives the report. The operator shall also
transmit all information required under this subsection to
emergency management departments of the local governments where
the facility is located and shall make the information available
on a public website.
35-11-1507. Injunction proceedings; penalties.
(a) When, in the opinion of the governor, a person is
violating or is about to violate any provision of this article,
the governor shall direct the attorney general to apply to the
appropriate court for an order enjoining the person from
engaging or continuing to engage in the activity. Upon a
showing that the person has engaged, or is about to engage in
the activity, the court may grant a permanent or temporary
injunction, restraining order or other order.
(b) In addition to being subject to injunctive relief any
person convicted of violating any provision of this article may
be imprisoned for up to one (1) year, fined up to ten thousand
dollars ($10,000.00), or both.
ARTICLE 16 - VOLUNTARY REMEDIATION OF CONTAMINATED SITES
35-11-1601. Applicability; nonvoluntary remediation.
(a) This article establishes the requirements and
procedures necessary for voluntary remediation of eligible sites
under this act, and shall not authorize unpermitted releases of
contaminants to the environment of the state. Consistent with
the policy and purpose of this act, this article shall provide
incentive to remediate eligible sites and establish criteria for
application of site-specific, risk-based remediation. All
voluntary remediation requirements for eligible sites shall be
performed in accordance with this article and shall be contained
in a remedy agreement issued under W.S. 35-11-1607. Except as
provided in subsection (d) of this section, no additional
remediation requirements may be imposed by the department under
this act for remediation of any site subject to a remedy
agreement issued under W.S. 35-11-1607, unless the remedy
agreement has been reopened or terminated under W.S. 35-11-1610.
Nothing in this subsection shall prohibit the imposition of
remediation requirements to address the release of a contaminant
which may occur after a remedy agreement has been entered into
or a no further action letter has been issued. Remediation
authorized by the department under this article shall not be
deemed a prohibited act under this act, or of any rules or
regulations promulgated thereunder.
(b) Remediation is not voluntary under this article if it
is required:
(i) By order of the department, council or by any
court and entered without the consent of a person; or
(ii) By order of the department, council or by any
court and entered without the consent of a person who has failed
or refused to enter into, or breached the terms of, a
preliminary remediation agreement, remedy agreement or reopened
remedy agreement; or
(iii) By administrative or judicial order to which
the United States environmental protection agency is a party,
which is issued after the effective date of this act, on a site
that has been determined not to be eligible under W.S.
35-11-1603.
(c) Sites that are not eligible for voluntary remediation
are subject to all other applicable requirements of this act,
including the provisions of W.S. 35-11-1613.
(d) Nothing herein shall relieve owners or operators of
eligible sites from applicable permit requirements under this
act or limit the director's ability to undertake enforcement
action relating to a complaint under article 7 of this act and
impose a penalty for violation of the act under article 9 of
this act.
(e) Nothing in this article shall limit the director's
authority to order any person to abate any condition that poses
an imminent or substantial endangerment to human health or the
environment, or the director's authority to issue emergency
orders under W.S. 35-11-115.
35-11-1602. Eligibility for voluntary remediation program;
sites eligible; sites ineligible.
(a) Eligible sites shall include sites which meet the
following conditions:
(i) Sites, or portions of sites, where releases
occurred before the effective date of this article and:
(A) The site, or portion of site, where the
release occurred was not subject to the permit requirements of
this act at the time of the release; or
(B) The site is covered by an order of the
department, council or by any court and entered with the consent
of the person or entity.
(ii) Sites, or portions of sites, where releases
occurred on or after the effective date of this article and
where the owner or operator is implementing a pollution
prevention plan consistent with rules promulgated under this
act;
(iii) Waste management or disposal units that have
been permitted under this act and the director determines that
the release from the permitted unit, if restricted or prohibited
by the permit, cannot be remediated in accord with the permit
requirements because of technical impracticability.
(b) Eligible sites shall not include:
(i) A site for which remediation is not voluntary
under W.S. 35-11-1601(b);
(ii) A site that is listed on the National Priorities
List of Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA), 42 U.S.C. §§ 9601-9675;
(iii) A commercial solid waste management facility,
commercial waste incineration or disposal facility subject to
W.S. 35-11-514;
(iv) Underground and aboveground storage tanks
subject to article 14 of this act;
(v) Radioactive waste storage facilities subject to
article 15 of this act;
(vi) Abandoned mine land sites subject to article 12
of this act; or
(vii) Any site where a release resulted from
continuous or repeated violations of any law, rule, regulation
or order under this act.
35-11-1603. Participation in the voluntary remediation
program; application; time for determination.
To participate in the voluntary remediation program a person
must submit an application to the department that identifies the
owner and provides a location and description of the site. The
application shall also describe the site-specific conditions
which the applicant believes satisfy one (1) or more of the
eligibility criteria of W.S. 35-11-1602. No later than forty-
five (45) days after receipt of the application, the department
shall give written notice to the applicant containing the
department's determination of the site eligibility for
participation in the voluntary remediation program.
35-11-1604. Public participation; notice; plan.
(a) Following any determination by the department that a
site is an eligible site, or following the submission of any
application to modify an existing remedy agreement, the owner or
operator shall give written notice to all surface owners of
record of land which is contiguous to the site, and to all known
adjacent surface owners of record of land, and shall publish
notice once per week for four (4) consecutive weeks in a
newspaper of general circulation in the county in which the site
is located. The notice published in a newspaper shall be a
display advertisement. The notice to individual landowners and
the notice published in a newspaper shall identify the site,
provide a summary of the criterion in W.S. 35-11-1602 which
makes the site eligible for participation in the voluntary
remediation program under this article, describe the process for
the public to request the development of a public participation
plan under subsection (b) of this section, and provide a thirty
(30) day period for the public to request that a public
participation plan be developed.
(b) For any eligible site where there is significant
public interest as determined by the director after considering
the factors enumerated in paragraphs (i) through (iii) of this
subsection, the person who has submitted an application for
participation, or the owner of the site, shall prepare and
implement a public participation plan which shall be approved by
the director. In preparing the plan, the applicant or owner
shall consult with and consider the public participation needs
of interested parties, including but not limited to contiguous
surface owners of record and all known adjacent surface owners
of record of land, local government, local economic development
agencies or groups, and public interest groups. In determining
whether there is significant public interest, the director shall
consider whether there have been responses to the notice
required under subsection (a) of this section requesting the
development of a public participation plan by:
(i) At least twenty-five (25) individuals;
(ii) An organization representing at least twenty-
five (25) individuals; or
(iii) The governing body of a local government.
(c) Any owner or operator of an eligible site which is
also subject to permitting or corrective action requirements of
the hazardous waste rules and regulations promulgated under W.S.
35-11-503(d) shall prepare and implement a public participation
plan which complies with those rules and regulations.
(d) At a minimum for any eligible site regardless of
whether a public participation plan has been required, prior to
entering into a remedy agreement, the owner shall give written
notice of the proposed remedy agreement to all surface owners of
record of land adjacent to the site, and publish notice once per
week for four (4) consecutive weeks in a newspaper of general
circulation in the county in which the site is located. The
notice shall be of a form and content prescribed by the
department, and shall summarize the proposed remedy agreement,
provide a description of the site, provide for a thirty (30) day
public comment period after the date of the last publication,
and provide an opportunity for an oral hearing. An oral hearing
on the proposed remedy agreement shall be held if the department
finds sufficient interest. The department may enter into a
remedy agreement following the public comment period or any
hearing, whichever is later.
35-11-1605. Voluntary remediation standards; site-
specific, risk-based standards; considerations in choice of
remedy; alternate standards for soil; alternate standards for
soil or water; point of compliance; contamination from source
not on site; alternate remediation standards for site
contaminated from source not on site; supplemental requirements.
(a) Consistent with any requirements necessary to retain
state primacy in federal programs, any remedy proposed by an
owner of an eligible site, or considered by the director, shall:
(i) Be protective of human health, safety and the
environment. A remedy shall be considered to be protective of
human health if it reduces risk to human receptors of acute and
chronic toxic exposures to contaminants to levels that do not
pose a significant risk to human health. A remedy shall be
considered to be protective of the environment if it adequately
reduces risk of significant adverse impacts to ecological
receptors for which habitats have been identified on or near the
site. Remedies may meet this requirement through a combination
of monitored natural attenuation, removal, treatment, or
engineering or institutional controls. Except as provided in
subsection (d) of this section, any site where a remedy is
proposed that includes engineering or institutional controls
must also have been designated as a use control area in accord
with W.S. 35-11-1609;
(ii) Attain standards established by the director
under this subsection for air, soil, and water affected by the
site, unless the director sets an alternate standard in accord
with subsection (c) or (d) of this section. No standard set
under this section for a contaminant shall be set at a level or
concentration lower than the background level or concentration
for that contaminant. A remedy must attain standards or
alternate standards by the end of the remediation period set
forth in the remedy agreement. A remedy shall be considered to
attain standards for air, soil and water if it:
(A) Meets any applicable media standards
established under federal or state law or rule or regulation; or
(B) Meets site-specific, risk-based standards
developed for the eligible site. Site-specific, risk-based
standards shall establish a risk reduction goal for contaminants
which are known or suspected carcinogens to ensure that the
excess upper bound lifetime cancer risk to any exposed
individual may not exceed a probability of developing cancer of
one in one million (1 in 1,000,000) to one in ten thousand (1 in
10,000). The one in one million (1 in 1,000,000) risk level
shall be used as the point of departure for determining
remediation goals for alternatives when individual contaminant
standards are not available, or are not sufficiently protective
because of the presence of multiple contaminants at a site or
multiple pathways of exposures. Site-specific, risk-based
standards must also require that for contaminants which are
systemic toxicants, the hazard index must not exceed one (1).
The director shall use residential exposure factors, giving
consideration to children and the elderly, to establish site-
specific, risk-based standards under this subsection for soils
and air. The exposure factors to be used by the director to
establish site-specific, risk-based standards under this
subsection for hazardous substances in groundwater shall assume
that groundwater may be used as a drinking water source,
provided that no standard set under this subsection for a
contaminant shall be set at a level or concentration lower than
the background level or concentration for that contaminant. For
nonhazardous substances, the exposure factors to be used by the
director shall assume uses consistent with the class of use
prior to contamination of the groundwater.
(iii) Control any sources of releases so as to reduce
or eliminate, to the extent technically practicable, further
releases as required to protect human health and the
environment. A remedy shall be considered to control sources of
releases if it controls the release of contaminants from sources
to any media in concentrations that exceed applicable standards
set by the director under paragraph (a)(ii) of this section, or
the soil standards under subsection (c) or (d) of this section;
and
(iv) Comply with any applicable standard for
management of wastes generated as a consequence of the remedy. A
remedy shall be considered to comply with applicable standards
for management of wastes if all wastes generated as a
consequence of implementation of the remedy are treated, stored
or disposed of in compliance with the requirements of this act.
(b) The director shall choose a remedy, or combination of
remedies, from among those remedies which meet the requirements
of subsection (a), (c) or (d) of this section, as applicable. In
choosing a remedy, the director shall consider:
(i) The extent to which the remedy will be reliable
and effective for the long term. For remedies that include
engineering or institutional controls in accord with a use
control area designation, the director shall consider the
expected life cycle performance of any engineering controls,
monitoring systems and institutional controls;
(ii) The extent to which the remedy results in a
reduction of toxicity, mobility or volume of contaminants. The
director shall consider the degree to which remedies incorporate
treatment or removal of contaminants to lower long term risk to
human health and the environment;
(iii) The short term effectiveness of the remedy.
The director shall consider the time required for each remedy to
attain standards for air, soil and water specified in paragraph
(a)(ii) or subsection (c) or (d) of this section, as applicable.
A remedy involving monitored natural attenuation may be
considered whether or not the director has made a determination
of technical impracticability under subsection (d) of this
section. Monitored natural attenuation shall be deemed effective
if there is evidence that natural attenuation is occurring and
will be completed within a reasonable time period;
(iv) Impacts which may be caused by implementation of
the remedy. The director shall consider any adverse impacts
which may be caused by a remedy, and shall take into
consideration the gravity of any projected impact and the cost
and availability of measures to mitigate the impact;
(v) The extent and nature of contamination and
practicable capabilities of remedial technologies, and whether
achieving standards is technically impracticable;
(vi) Reasonably anticipated future land uses or use
restrictions in a use control area designation;
(vii) Consistency of remedies with the nature and
complexities of releases of contaminants; and
(viii) Cost of the remedy. The director shall
consider whether a remedy presents a substantial and
disproportionately high cost for implementation and completion.
The director shall compare the costs of remedies considering the
degree of risk reduction that is afforded by each remedy. Costs
considered shall include capital, operation and maintenance,
engineering and institutional control costs and monitoring costs
for the anticipated life of the remedy.
(c) The director may establish alternate site-specific,
risk-based standards for surface and subsurface soils to be
employed at a site in lieu of the soil standards in paragraph
(a)(ii) of this section, for any site that is located within a
use control area designated under W.S. 35-11-1609. A remedy that
employs alternate standards established by the director under
this subsection shall meet the requirements of this subsection
and paragraphs (a)(i), (iii) and (iv) of this section. The
alternate standards for such a site shall use the carcinogenic
and systemic toxicant risk reduction goals of subparagraph
(a)(ii)(B) of this section, except that the exposure assumptions
used to calculate the alternate standards under this subsection
shall be consistent with the use restrictions contained in the
use control area designation. If the director establishes
alternate soil standards under this subsection, the owner or
operator must evaluate technologies that can meet the alternate
soil standards. Owners or operators of eligible sites that
implement remedies which achieve the alternate soil standards
set under this subsection may be issued a certificate of
completion and covenant not to sue pursuant to W.S. 35-11-1607.
The soil standards of paragraph (a)(ii) of this section must be
met if the owner or operator applies to remove the use
restrictions applicable to the site or to receive a no further
action letter under W.S. 35-11-1608.
(d) The director may establish alternate site-specific,
risk-based standards for soil or water to be employed at a site
in lieu of the soil and water standards in paragraph (a)(ii) of
this section if, after evaluation of currently available
technology the director determines that it is technically
impracticable to meet a standard at a specific site. A remedy
that employs alternate standards established by the director
under this subsection shall meet the requirements of this
subsection and paragraphs (a)(i), (iii) and (iv) of this
section. The technical impracticability determination shall
include evaluation of the cost of remedy alternatives, including
but not limited to, substantial and disproportionately high
costs, present worth of construction, operation and maintenance
costs, continued operational costs of the remedy selected and
costs of any proposed alternative remedy strategies. Whenever
the director sets an alternate standard, the director shall
select a remedy capable of meeting the alternate standard and
which is technically practicable, controls any sources of
contamination to the extent technically practicable, and
controls human and environmental exposures to contaminated air,
soil or water. The director may establish alternate standards
for soil or water under this subsection only if the owner has or
obtains rights to control human or environmental exposures to
contaminated media, and consents to impose such controls as are
required to protect human health and the environment.
Notwithstanding the provisions of paragraph (a)(i) of this
section, or W.S. 35-11-1609 such controls may be imposed by the
owner without the site receiving a use control area designation
under W.S. 35-11-1609. The standards of paragraph (a)(ii) of
this section must be met if the owner or operator applies to
remove the use restrictions applicable to the site or to receive
a no further action letter under W.S. 35-11-1608.
(e) When establishing standards under paragraph (a)(ii) or
subsection (c) or (d) of this section, the director shall
specify one (1) or more points of compliance where standards
must be achieved. In specifying a point of compliance, the
director shall consider the following factors:
(i) Compliance with groundwater standards shall be
monitored as close as reasonably practical to the contaminant
source or site boundary or boundary of the use control area. The
director shall select any groundwater point of compliance based
upon the evaluation of the properties of the aquifer, the
proximity of existing and reasonably anticipated points of
groundwater withdrawal or discharge to the surface, the location
of the contaminant plume relative to the site or use control
area boundary, the toxicity of the contaminant, the presence and
proximity of multiple contaminant sources, the exposure and
likelihood of actual exposure to contaminated groundwater, and
the technical practicability of groundwater remediation;
(ii) For soils, standards shall be met at locations
determined to ensure protection of human health and identified
environmental receptors, and protection of surface water,
groundwater and air resulting from any potential transfer of
contaminants from soils to these other media; and
(iii) For surface water, standards shall be met at
the point where any release enters any surface water of the
state consistent with applicable federal and state requirements.
If sediments are affected by releases to surface water, a
sediment point of compliance may also be established.
(f) Remediation standards for a site that has become
contaminated by a release or migration of contamination from a
source not located on the site shall be appropriate for any use
control area designation applicable to such site, or if desired
by the owner the remediation requirements shall be adequate to
restore the site to all uses for which it was suitable prior to
the contamination.
(g) The department may establish supplemental requirements
for owners or operators of lands or facilities subject to
permitting or corrective action requirements of the hazardous
waste rules and regulations promulgated under W.S. 35-11-503(d)
as may be necessary to ensure that such sites are characterized
and remediated in a manner which is consistent with, equivalent
to, and no less stringent [than] permitting, closure, post-
closure and corrective action requirements contained in rules
and regulations adopted by the United States Environmental
Protection Agency (EPA) under authority of subtitle C of the
Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et
seq. Election by an eligible site owner or operator who is
subject to such hazardous waste permitting or corrective action
requirements to participate in the voluntary remediation program
under this article shall not relieve the owner or operator of
the duty to comply with all requirements of the hazardous waste
rules and regulations promulgated under W.S. 35-11-503(d).
35-11-1606. Preliminary remediation agreement; contents.
(a) The preliminary remediation agreement shall contain
the terms and conditions agreed to by the parties, which shall
include the information and procedures required for completion
of an environmental assessment or site characterization that is
adequate and appropriate to support selection of a permanent or
long term protective remedy for the site and adjacent property
to meet the standards in W.S. 35-11-1605, and a work plan,
schedule and statement of any criteria the department intends to
use to evaluate work plans and reports.
(b) For any site that is determined by the director to
have the potential for significant contamination, be located in
an area where human exposures to contaminants are likely, or
require evaluation of remedial alternatives as a condition for
the state to maintain primacy in any federal program, the
director shall require the site characterization plan within the
preliminary remediation agreement under this section to include
a description of alternative remedial actions to be evaluated
and a plan for the collection of any data and site information
needed to evaluate those alternative remedial actions. Not all
potential remedies must be evaluated for a site. The director
and the owner may enter into a single agreement containing both
characterization and alternative remedial action evaluation
plans, or may enter into an alternative remedial action
evaluation agreement following completion of site
characterization.
35-11-1607. Remedy agreement; prerequisite; contents;
violation of agreement; changes to agreement; covenant not to
sue; certificate of completion; recording; effect on orders or
permits.
(a) Except as provided in W.S. 35-11-1605(d), before an
owner and the department may enter into a remedy agreement that
includes long-term restrictions on the use of the site, the
owner must obtain a use control area designation for the site as
set forth in W.S. 35-11-1609. The use restrictions contained in
any use control area designation may be used by the director to
establish any alternate soil standard as provided in W.S.
35-11-1605(c).
(b) Any remedy agreement shall contain:
(i) A remedial action plan, including the remediation
standards and objectives for the site or use control area, the
remediation standards and objectives for adjacent property, a
description of any engineering or institutional control, a
schedule for the required remediation activities, and conditions
for the effective and efficient implementation of the remedy
agreement. The department shall require a suitable bond or
other evidence of financial assurance to assure the performance
and maintenance of engineering controls and any monitoring
activities required in a remedy agreement; and
(ii) The reopeners or termination clauses set forth
in W.S. 35-11-1610.
(c) The remedy and remediation standards for a site that
are set forth in a remedy agreement shall be permanent, subject
to the reopeners and termination clauses in W.S. 35-11-1610.
(d) Use restrictions, or other terms or conditions set
forth in a remedy agreement shall run with the land and be
binding upon successors in interest. If a term or condition of
any remedy agreement, covenant not to sue, or certificate of
completion requires the maintenance of a bond or other evidence
of financial assurance, it shall be the duty of any successor in
interest to maintain such bond or financial assurance.
(e) A violation of any use restriction, term or condition
of a remedy agreement or certificate of completion shall be
deemed a violation of this act, and the department may bring any
action for such violation against the owner of the site at the
time the violation occurs or against the person who violates the
use restriction, term or condition of the remedy agreement or
certificate of completion.
(f) No person shall change any engineering or
institutional controls contained in a remedy agreement or
certificate of completion without the prior written consent of
the department. Before a change may be made, the department
shall review the contamination at the site and any new
requirements shall be incorporated into a subsequent remedy
agreement or certificate of completion. Upon entry into a
subsequent remedy agreement or certificate of completion or
issuance of a no further action letter, the director shall
modify or terminate any prior remedy agreement or certificate of
completion.
(g) Consistent with the reopeners and termination clauses
in W.S. 35-11-1610, the department shall, upon request, provide
the owner or prospective purchaser a covenant not to sue. Any
covenant not to sue shall extend to subsequent owners.
(h) If the director determines that all remediation
requirements for a site have been successfully implemented or
satisfied, the department shall, upon request, provide the owner
or prospective purchaser a certificate of completion.
(j) A person who receives a remedy agreement or
certificate of completion under this section shall record a copy
in the office of the county clerk with the deed for the site and
shall file the copy in the office of the county clerk no later
than ten (10) business days after the date the remedy agreement
or certification of completion is signed.
(k) No remedy agreement for any site subject to a prior
administrative or judicial order or permit which contains
remedial requirements shall be effective until the order or
permit has been modified to incorporate the terms of the remedy
agreement. Modifications to orders or permits under this
subsection shall be made using the procedures specified in the
prior order or permit. Entry into a remedy agreement under this
article shall not affect the duty of the site owner or operator
to comply with any prior order or permit. Following modification
of the order or permit as provided in this subsection, the owner
shall comply with the modified order or permit.
35-11-1608. No further action letters; findings; natural
attenuation.
(a) If the department determines that no further
remediation is required on a site, the department shall, upon
request, provide the owner or prospective purchaser a no further
action letter, subject to reopener or termination as provided in
W.S. 35-11-1610. The department may only issue a no further
action letter upon a finding by the department that the site
does not require engineering or institutional controls or use
restrictions to meet the standards specified in W.S.
35-11-1605(a)(ii).
(b) When the department has determined that monitored
natural attenuation over a reasonable period of time is
appropriate and that no exposure to contaminated media is
reasonably expected during the period of natural attenuation,
the department shall, upon request, provide the owner or
prospective purchaser a no further action letter. The no
further action letter may require that the current use of the
property continue during the period of natural attenuation and
also may require that testing be conducted to confirm that
standards are met.
35-11-1609. Use control areas; when establishment
required; procedure; contents of petition; notice; failure of
governmental entity to act; enforcement; exception.
(a) The owner of a site who proposes long-term
restrictions on the use of the site shall petition to the
appropriate governmental entity or entities for the creation of
a use control area to establish long-term restrictions on the
use of the site.
(b) A use control area may be created or modified only
upon the petition of the owner of a site, and notice and public
hearing as provided in subsection (d) of this section, and shall
include only the site, unless adjacent property owners consent.
(c) The petition to establish a use control area shall
contain data, information and any remedy options required in a
preliminary remediation agreement under W.S. 35-11-1606.
(d) Upon submission of a petition for long term use
restrictions, the governmental entity to whom the use area
designation petition has been submitted shall cause the owner to
give written notice of the petition to all surface owners of
record of land contiguous to the site, and to publish notice of
the petition and a public hearing once per week for four (4)
consecutive weeks in a newspaper of general circulation in the
county in which the site is located. The notice shall identify
the property, generally describe the petition and proposed use
restrictions, direct that comments may be submitted to the
governmental entity or entities to whom the petition has been
submitted, and provide the date, time and place of a public
hearing. The public hearing shall be held no sooner than thirty
(30) days after the first publication of the notice. After the
public hearing has been held, the governing board, commission or
council shall vote upon the creation of the use control area in
accordance with applicable rules, regulations and procedures.
No use control area shall be created except upon petition of the
owner and a majority vote of the appropriate board, commission
or council.
(e) The governmental entity to whom the use control area
petition has been submitted shall approve or deny an owner's
petition for a use control area within one hundred eighty (180)
days after the petition is received. The owner and a
governmental entity may agree to extend the time period in which
the governmental entity is to vote upon the petition. The
governmental entity may, on a vote taken within one hundred
eighty (180) days after the petition is received, condition its
vote approving the petition upon the owner's subsequent filing
of the determination by the director that a remedy can be
selected that meets the requirements of W.S. 35-11-1605 and is
consistent with owner's petition.
(f) The restrictions in a use control area are enforceable
by the issuing governmental entity by injunction, mandamus or
abatement, in addition to any other remedies provided by law.
(g) Except as provided in subsection (e), nothing in this
section shall contravene or limit the authority of any county,
city or town to regulate and control the property under their
jurisdiction.
(h) The department shall not have the authority to require
a governmental entity to adopt any zoning regulation or
restriction applicable to a site as part of a remediation or
response action or a remedy agreement.
(j) If the department has issued a no further action
letter under W.S. 35-11-1608, then no use control area
designation shall be required.
35-11-1610. Reopening or termination of remedy agreements,
covenants not to sue, certificates of completion or no further
action determinations; conditions; recording.
(a) The department may reopen a remedy agreement, covenant
not to sue or certificate of completion at any time if:
(i) The current owner fails substantially to comply
with the terms and conditions of the remedy agreement, covenant
not to sue or certificate of completion;
(ii) An imminent and substantial endangerment to
human health or the environment is discovered;
(iii) Contamination is discovered that was present on
the site but was not known to the owner or the department on the
date of the remedy agreement or when the department issued a
covenant not to sue or certificate of completion; or
(iv) The remedy fails to meet the remediation
objectives that are contained in the remedy agreement or
certificate of completion.
(b) The department may reopen a no further action
determination at any time if:
(i) An imminent and substantial endangerment to human
health or the environment is discovered; or
(ii) The department determines that the monitored
natural attenuation remedy under W.S. 35-11-1608(b) is not
effective in meeting the standards for a no further action
letter under this section.
(c) The department may terminate a remedy agreement,
covenant not to sue, certificate of completion or no further
action letter if it is discovered that any of these instruments
were based on fraud, material misrepresentation or failure to
disclose material information, or if an owner's willful
violation of any use restriction results in harmful exposures of
any toxic contaminant to any user or occupant of the site.
(d) If a remedy agreement, covenant not to sue,
certificate of completion or no further action letter is
reopened or terminated, the department shall record a notice of
such action in the office of the county clerk with the deed for
the site and shall file the notice in the office of the county
clerk no later than ten (10) business days after the date of the
remedy agreement, covenant not to sue, certificate of completion
or no further action letter is reopened or terminated.
35-11-1611. Disputes; appeal.
If a person and the department are unable after good faith
efforts to resolve a dispute arising under this article pursuant
to the provisions of an agreement, the person may appeal the
department's decision to the council.
35-11-1612. Fees; notice; appeal.
The department shall implement a fee system and schedule of fees
which are applicable to the preliminary remediation agreements,
remedy agreements, certificates of completion and no further
action letters authorized under this article. Fees shall cover
all reasonable direct and indirect costs of the department's
participation in any activity authorized by this article. The
department shall give written notice of the amount of the fee
assessment. The owner of the eligible site may appeal the
assessment to the council within forty-five (45) days of
receipt.
35-11-1613. Remediation requirements for nonvoluntary
sites.
(a) The remediation requirements for sites that do not
participate in the voluntary remediation program in W.S.
35-11-1601 through 35-11-1612 may include, in the discretion of
the director requirements which:
(i) Return contaminated soil and water to background
contaminant levels;
(ii) Return contaminated soil to contaminant levels
that are safe for any potential future use of the site;
(iii) Return contaminated groundwater to contaminant
levels that ensure that the class of use of groundwater prior to
the release is restored, or if not technically practicable,
employs the best available groundwater remediation technology.
No liability release shall be provided to the owner until the
owner demonstrates that groundwater standards have been met;
(iv) Remove all continuing sources of soil or water
contamination; and
(v) Eliminate to the extent practical any continuing
risk to any ecological receptor present at or near the site.
ARTICLE 17 - ORPHAN SITE REMEDIATION
35-11-1701. Orphan site remediation; account created.
(a) There is created an orphan site remediation account.
The director may expend funds contained within the account for
the purpose of remediation of orphan sites and the performance
of any other activity as defined in this article.
(b) As used in this section, orphan sites means:
(i) Sites where the department determines that there
is no viable party that is responsible for causing or
contributing to the contamination present at the site; and
(ii) Sites where the department has issued a no
further action letter, and where there is a subsequent discovery
of contamination which was present at the site when the no
further action letter was issued but:
(A) Was not known to the site owner or the
department at the time the no further action letter was issued,
provided that a comprehensive and complete site characterization
was conducted by the owner;
(B) Is not the result of activities conducted on
the site after the no further action letter was issued; and
(C) Does not constitute an imminent or
substantial endangerment to human health or the environment
which is being addressed by the holder of the no further action
letter pursuant to a reopening of the no further action letter
under W.S. 35-11-1610(b).
(iii) Spill sites, where the department determines
that the person responsible for the spill cannot be identified,
or where the department must take prompt action to prevent
hazards to human health or the environment at a site where a
responsible party fails to act promptly.
(c) The department may expend funds from this account to
conduct site evaluations and testing, evaluate remedial
measures, select remediation requirements, and construct,
install, maintain and operate systems to remedy contamination in
accordance with a remediation work plan prescribed by the
director for the orphan site.
(d) The department may also expend funds from this account
to pay for the orphan share of any removal or remedial action
taken pursuant to the Comprehensive Environmental Response,
Control And Liability Act (42 U.S.C. 9601, et seq.), provided
that:
(i) The department has participated in negotiations
for, and concurs with, the orphan share allocation amount for
the action; and
(ii) Each responsible party to an action has agreed
not to seek cost recovery from less than de minimus contributors
in exchange for the state assumption of the orphan share cost.
(e) Revenue to the account shall include such monies which
may be deposited in the account for use in remediation of orphan
sites. The liability of the state to fulfill the requirements of
this section is limited to the amount of funds available in the
account.
(f) The department shall project an annual funding need
for the identification, characterization, prioritization and
remediation of contaminated orphan sites within the state and
shall recommend a funding source adequate to meet the identified
funding need.
(g) In any case under paragraph (b)(iii) of this section
where the department expends funds to remediate or contain
contamination resulting from a spill, and where the department
has identified a responsible party, the responsible party shall
reimburse the department in an amount equal to three (3) times
the expenditure from the account. The attorney general shall
bring suit to recover the reimbursement amount required in this
subsection where recovery is deemed possible.
(h) The director may transfer funds in the account under
W.S. 35-11-424(a) to the orphan site remediation account.
ARTICLE 18 - INNOCENT OWNERS
35-11-1801. Definition of innocent owner.
(a) "Innocent owner" means a person who did not cause or
contribute to the source of contamination and who is one (1) of
the following:
(i) An owner of real property that has become
contaminated as a result of a release or migration of
contaminants from a source not located on or at the real
property;
(ii) An owner of real property who can show with
respect to the property that the owner has no liability for
contamination under section 107(a) of the Comprehensive
Environmental Response, Compensation and Liability Act, 42
U.S.C. 9607(a), because the owner can show a defense as provided
in section 107(b) of that act (42 U.S.C. 9607(b));
(iii) An owner of real property who at the time of
becoming the owner of the property did not know or should not
have reasonably known about the presence of contamination on the
property;
(iv) A lender or fiduciary who owns or holds a
security interest in land, unless the lender or fiduciary
participated in the management of a site at the time that the
owner or operator thereof caused a release or migration of
contaminants;
(v) A unit of state or local government which
acquired ownership or control through bankruptcy, tax
delinquency, abandonment or other circumstances in which the
government acquires title by virtue of its function as
sovereign, unless the state or local government contributed to
the contamination;
(vi) A bona fide prospective purchaser; or
(vii) A surface owner if the source of the
contamination was a pipeline running under or across the land of
the surface owner and the surface owner was not involved in the
installation, operation or maintenance of the pipeline.
(b) No person who owns or operates lands or facilities
subject to permitting or corrective action requirements of the
hazardous waste rules and regulations promulgated under W.S.
35-11-503(d) shall be considered an innocent owner, nor shall
any hazardous waste generator who may be subject to corrective
action requirements of such rules and regulations be considered
an innocent owner.
35-11-1802. Immunity for innocent owners.
(a) An innocent owner is not liable for investigation,
monitoring, remediation or other response action regarding
contamination attributable to a release, discharge or migration
of contaminants on his property.
(b) To be eligible for immunity under this act, a person
shall:
(i) Grant to the department or to a person designated
by the department, reasonable access to the land for purposes of
investigation, monitoring or remediation;
(ii) Comply with any requirements established by the
department that are necessary to maintain state authorization to
implement federal regulatory programs;
(iii) Not use the real property in a manner that
causes exposure of the public to harmful environmental
conditions; and
(iv) Comply with any engineering or institutional
controls applicable to the real property.
35-11-1803. Limitations.
(a) Any person who knowingly transfers, conveys or obtains
an interest in land to avoid liability for contamination,
remediation or compliance with any provision of this act shall
not be an innocent owner.
(b) Notwithstanding the provisions of W.S. 35-11-1802, an
innocent owner who undertakes a cleanup of his property must
comply with all applicable provisions of this act.
ARTICLE 19 - INTEGRATED SOLID WASTE PLANNING
35-11-1901. Purpose.
The purpose of this article is to establish a process for local
governmental entities to prepare and maintain approved
integrated solid waste management plans.
35-11-1902. Integrated solid waste management plans.
(a) Each local governmental entity shall prepare and
maintain an integrated solid waste management plan describing
management of solid waste generated within its jurisdiction or
shall participate in a multi-jurisdictional integrated solid
waste management plan.
(b) Integrated solid waste management plans shall be
completed and submitted to the department by July 1, 2009, and
shall be reviewed, revised as necessary and resubmitted to the
department every ten (10) years thereafter.
(c) For the purposes of this article, the local
governmental entity responsible for preparing an integrated
solid waste management plan shall be the permitted operator of
the solid waste disposal facility serving the planning area
provided, however, that for any planning area where the
permitted operator is a nongovernmental entity, the local
government entity responsible for preparing a plan under this
subsection shall be the county. Upon mutual written agreement,
a local governmental entity may prepare an integrated solid
waste management plan for another local governmental entity.
(d) The planning requirements of subsections (a) and (b)
of this section shall be contingent upon the legislature making
at least one million three hundred thousand dollars
($1,300,000.00) available to the department for grants to assist
local governmental entities in the preparation of integrated
solid waste management plans.
35-11-1903. Recommendations for integrated solid waste
management planning areas.
By July 31, 2006, the department shall assess the patterns of
generation of municipal solid waste within the state and issue a
report identifying those areas of the state where integrated
solid waste management plans may be prepared by local
governmental entities. The identification of planning areas
shall be considered guidance to local governmental entities.
Local governmental entities shall not be required to adhere to
any planning area boundaries identified by the department.
35-11-1904. Integrated solid waste management plan
content; department approval.
(a) Integrated solid waste management plans shall address
a period of not less than twenty (20) years and shall contain
the following information:
(i) A description of the planning area covered by the
integrated waste management plan and the names of all local
governmental entities participating in the plan, including a
copy of each governing body’s resolution adopting the plan;
(ii) An evaluation of current and projected volumes
for all major waste types within the planning area, including a
discussion of expected population growth and development
patterns;
(iii) An evaluation of reasonable alternate solid
waste management services, a description of the selected
procedures, facilities and systems for solid waste collection,
transfer, treatment, storage and information about how the
procedures, facilities and systems are to be funded;
(iv) A discussion of how the plan shall be
implemented, including public participation, public education
and information strategies which may include, but are not
limited to, citizen advisory committees and public meetings
during the preparation, maintenance and implementation of the
plan;
(v) Objectives for solid waste management within the
jurisdiction, including but not limited to:
(A) Waste diversion, reduction, reuse, recycling
or composting;
(B) Waste collection and transportation;
(C) Improving and maintaining waste management
systems;
(D) Household hazardous waste management; and
(E) Special waste management.
(vi) An economic analysis of the total cost of
alternatives and final systems selected by the participating
local governmental entities to achieve the plan’s objectives,
including capital and operating costs; and
(vii) Elements including:
(A) Strategies to meet each identified
objective;
(B) A schedule for implementation; and
(C) Any financial or other incentives offered to
residents to encourage participation in local recycling
programs.
(b) Each plan shall be submitted for public review prior
to submission to the department. The plan submission shall
include a statement describing public comments received and how
the public comments were addressed. The department shall review
each plan for completeness. If the department determines that
the plan is not complete, the department shall provide a written
statement identifying the elements of subsection (a) of this
section which are not included in the plan. Upon addressing the
incomplete elements, a local governmental entity may resubmit
the plan for subsequent review by the department.
ARTICLE 20 - NUCLEAR REGULATORY AGREEMENT
35-11-2001. Authorization to negotiate transfer of certain
nuclear regulatory functions to the state; scope of regulated
material.
(a) The governor, on behalf of the state, is authorized to
contact the nuclear regulatory commission to express the intent
of the state of Wyoming to enter into an agreement under section
274 of the Atomic Energy Act of 1954, 42 U.S.C. § 2021, as
amended, with the nuclear regulatory commission providing for
the assumption by the state of regulatory authority over source
material involved in uranium or thorium recovery or milling and
byproduct material, as defined in section 11e.(2) of the Atomic
Energy Act of 1954, 42 U.S.C. § 2014(e)(2), as amended. The
governor, on behalf of the state, is also authorized to contact
the nuclear regulatory commission to express the intent of the
state of Wyoming to enter into an agreement under section 274 of
the Atomic Energy Act of 1954, 42 U.S.C. § 2021, as amended,
with the nuclear regulatory commission providing for the
assumption by the state of source material recovered from any
mineral resources processed primarily for purposes other than
obtaining the source material content. For the purposes of this
agreement, the term "mineral resources" means any host rock,
ore, material or waste associated with mining or milling that
contains a recoverable mineral. The nuclear regulatory
commission shall maintain regulatory authority over all other
source material, section 11e.(1), (3) and (4) byproduct material
and special nuclear material as defined in the Atomic Energy Act
of 1954, 42 U.S.C. § 2014, as amended, and the activities
reserved under section 274 of the Atomic Energy Act of 1954, 42
U.S.C. § 2021, as amended.
(b) The department shall serve as the lead agency for the
regulation of (1) source material involved in uranium or thorium
recovery or milling and the associated byproduct material and
(2) the source material recovered from any mineral resources
processed primarily for purposes other than obtaining the source
material content. The department is authorized to enforce the
requirements of the Atomic Energy Act of 1954, 42 U.S.C. § 2011
et seq., as amended, under the agreement reached between the
state and the nuclear regulatory commission as provided in
subsection (a) of this section and in section 274 of the Atomic
Energy Act of 1954, 42 U.S.C. § 2021, as amended.
(c) The governor, through the department, is authorized to
negotiate all aspects of the agreement under this section
between the state of Wyoming and the nuclear regulatory
commission. The governor is authorized to enter into a final
agreement with the nuclear regulatory commission for the
regulation of (1) source material involved in uranium or thorium
recovery or milling and the associated byproduct material and
(2) the source material recovered from any mineral resources
processed primarily for purposes other than obtaining the source
material content.
(d) Repealed by Laws 2016, ch. 7, § 3.
(e) The categories of materials governed by this article,
as agreed upon by the nuclear regulatory commission and the
state, are (1) source material involved in uranium or thorium
recovery or milling and the associated byproduct material, as
defined in section 11e.(2) of the Atomic Energy Act of 1954, 42
U.S.C. § 2014(e)(2), as amended and (2) source material as
defined in section 11z. of the Atomic Energy Act of 1954, 42
U.S.C. § 2014(z) recovered from any mineral resources processed
primarily for purposes other than obtaining the source material
content. This article does not govern independent or commercial
laboratory facilities that possess, use or accept source
material or byproduct material. The nuclear regulatory
commission shall retain regulatory authority over independent or
commercial laboratory facilities.
35-11-2002. Authority of department to enforce article;
rulemaking.
(a) Except as provided in this act, no person shall
acquire, own, possess, transfer, offer or receive for transport
or use any (1) source material involved in uranium or thorium
recovery or milling and the associated byproduct material or (2)
source material recovered from any mineral resources processed
primarily for purposes other than obtaining the source material
content without having been granted a license therefore from the
department or the nuclear regulatory commission. The department
is authorized to regulate and penalize any unlicensed activities
involving (1) source material involved in uranium or thorium
recovery or milling and the associated byproduct material or (2)
source material recovered from any mineral resources processed
primarily for purposes other than obtaining the source material
content.
(b) The council, upon recommendation from the director, is
authorized to promulgate rules and regulations necessary to
effectuate the purpose of this article.
(c) To the extent it is not inconsistent with the
provisions of this article, article 4 of this chapter shall
apply to all licenses issued and actions taken under this
article.
35-11-2003. Licensure; license requirements; enforcement
actions.
(a) The director is authorized to issue licenses to
implement the requirements of the Atomic Energy Act of 1954, 42
U.S.C. § 2011 et seq., as amended. Licenses issued under this
section shall also authorize the possession and use of (1)
source materials involved in uranium or thorium recovery or
milling and the associated byproduct material or (2) source
material recovered from any mineral resources primarily for
purposes other than obtaining the source material content as
provided in this article. The director is further authorized to
enforce license provisions in accordance with this article. The
department shall recognize existing and effective licenses
issued by the nuclear regulatory commission. The department
shall also recognize licenses issued by other agreement states
only for (1) source material involved in uranium or thorium
recovery or milling or the associated byproduct material or (2)
the source material recovered from any mineral resources
primarily for purposes other than obtaining the source material
content.
(b) The director is authorized to use license conditions
to address matters specific to particular licensees. The
department may impose additional license conditions when
required to protect public health and safety.
(c) The director shall grant an exemption from a license
requirement, including an exemption from the requirement to
obtain a license, if the exemption provides adequate protection
of public health and safety and is compatible with nuclear
regulatory commission requirements.
(d) The department shall inspect a licensee's operation to
ensure compliance with license conditions, as determined
necessary by the administrator of the land quality division to
protect public health and safety. The department shall also
inspect proposed facilities and proposed expansion of existing
facilities to ensure that unauthorized construction is not
occurring. Licensees, permittees and applicants for a license or
permit shall obtain and grant the department access to inspect
their facilities, source material involved in uranium or thorium
recovery or milling and the associated byproduct material or the
source material recovered from any mineral resources processed
primarily for purposes other than obtaining the source material
content at such times and frequencies as determined necessary by
the department to protect public health and safety.
(e) When issuing a license for byproduct material under
this article, the director shall require licensees to provide an
approved financial assurance arrangement consistent with nuclear
regulatory commission requirements provided in 10 C.F.R. part
40, appendix A, as amended. The arrangement shall cover the cost
estimate and the payment of the charge for decommissioning, long
term surveillance and control pursuant to 10 C.F.R. part 40,
appendix A.
(f) The director is authorized to suspend licenses,
impound (1) source material involved in uranium or thorium
recovery or milling and the associated byproduct material and
(2) the source material recovered from any mineral resources
processed primarily for purposes other than obtaining the source
material content and conduct enforcement actions in accordance
with this article, article 9 of this chapter and rules and
regulations promulgated under this act. The director is
authorized to suspend licenses and conduct enforcement actions
in accordance with department rules and regulations and this
article. In cases of an imminent threat to public health and
safety, the director is authorized to issue an emergency order
immediately suspending a license and any associated activity as
provided in W.S. 35-11-115. The director is authorized to
suspend or revoke a license for repeated or continued
noncompliance with program requirements pursuant to its rules
and regulations and this article. The director is also
authorized to seek injunctive relief and impose civil or
administrative monetary penalties as provided by law.
35-11-2004. License conditions; termination of licenses.
(a) The department shall prescribe conditions in licenses
issued, renewed or amended for an activity that results in
production of byproduct material to minimize or, if possible,
eliminate the need for long-term maintenance and monitoring
before the termination of the license.
(b) Prior to terminating any license the administrator of
the land quality division shall obtain a determination from the
nuclear regulatory commission that the licensee has complied
with the commission's decontamination, decommissioning, disposal
and reclamation standards.
(c) Prior to terminating a byproduct material license the
department shall ensure the ownership of a disposal site and the
byproduct material resulting from licensed activity are
transferred to:
(i) The state of Wyoming; or
(ii) The federal government if the state declines to
acquire both the site and the byproduct material.
(d) Upon the transfer of a disposal site or the byproduct
material resulting from licensed activity to the federal
government, funds collected for decommissioning and long-term
surveillance shall also be transferred to the federal
government.
35-11-2005. Fees.
(a) The department shall adopt a fee structure which
accounts for the full cost of the program, including positions
authorized by this article and other positions assessed to
implement the program developed under this article.
(b) The department may assess fees for the regulation of
source material under article 4 of this chapter, including but
not limited to the review and processing of mining permit
applications.
ARTICLE 21 - ADVANCED NUCLEAR REACTORS
35-11-2101. Advanced nuclear reactors; requirements.
(a) Repealed by Laws 2022, ch. 103, § 2.
(b) Any person operating an advanced nuclear reactor in
the state of Wyoming in accordance with this section shall not
store spent nuclear fuel or high-level radioactive waste from
the advanced nuclear reactor on the site of the advanced nuclear
reactor without first meeting all of the requirements of the
United States Nuclear Regulatory Commission.
(c) Nothing in this section shall be deemed to affect the
authority of the United States Nuclear Regulatory Commission.
(d) As used in this section:
(i) "High-level radioactive waste" means as defined
in W.S. 35-11-1501(a)(i);
(ii) "Public utility" means as defined in W.S. 37-1-
101(a)(vi);
(iii) "Advanced nuclear reactor" means a nuclear
reactor, including any necessary ancillary facilities or
structures, that is an improvement over nuclear reactors placed
in service before January 1, 2021 and has a license issued by
the United States nuclear regulatory commission;
(A) Repealed by Laws 2022, ch. 103, § 2.
(B) Repealed by Laws 2022, ch. 103, § 2.
(C) Repealed by Laws 2022, ch. 103, § 2.
(iv) "Spent nuclear fuel" means as defined in W.S.
35-11-1501(a)(iv).
(e) The provisions of the Industrial Development
Information and Siting Act, W.S. 35-12-101 through 35-12-119,
shall apply only to the extent that those provisions do not
interfere with, contradict or duplicate any requirements of the
United States Nuclear Regulatory Commission.
(f) Not less than thirty (30) days before construction of
an advanced nuclear reactor commences and if no report is
required to be submitted under W.S. 35-11-1506(e)(vi), the
operator of the advanced nuclear reactor shall submit a report
to the department that includes:
(i) The number of jobs that will be created in the
planning, licensing, site analysis, preparation, purchasing,
construction, transportation, operation and decommissioning of
the advanced nuclear reactor and what number of those jobs would
be filled by Wyoming residents;
(ii) Local and state taxes that are estimated to be
generated by all aspects of the construction, operation and
decommissioning of the advanced nuclear reactor;
(iii) All benefits and impacts that will accrue to
the state and local community where the advanced nuclear reactor
will be located, including benefits from job training,
education, communications systems, monitoring and security
systems.
(g) The operator of each advanced nuclear reactor shall
send to the department copies of all publicly available reports,
notifications and violations sent to or from the United States
nuclear regulatory commission or the operator of the advanced
nuclear reactor as soon as practicable but not later than five
(5) days after the operator sends or receives the report. The
operator shall also transmit all information required under this
subsection to emergency management departments of the local
governments where the facility is located and shall make the
information available on a public website.
CHAPTER 12 - INDUSTRIAL DEVELOPMENT AND SITING
35-12-101. Short title.
This chapter is the "Industrial Development Information and
Siting Act".
35-12-102. Definitions.
(a) As used in this chapter:
(i) "Advisory member" means an advisory member of the
council provided by W.S. 35-12-104(f);
(ii) "Applicant" means any person who applies for a
permit pursuant to this chapter;
(iii) "Commence to construct" means:
(A) Any clearing of land, excavation,
construction or other action that would affect the environment
of the site of any facility, but does not include changes needed
for temporary use of sites for less than ninety (90) days,
changes required to conduct required studies and tests under
this chapter, or any other state or federal act or regulation,
or access roads and services associated with utilities, or
routes for nonutility purposes or for uses in securing
geological data but not limited to necessary borings or
drillings to ascertain foundation conditions;
(B) The nuclear fracturing of underground
formation, if any such activity is related to the possible
future development of a facility subject to this chapter, but
does not include the gathering of geological data by boring of
test holes or other underground exploration, investigation or
experimentation.
(iv) "Council" means the industrial siting council;
(v) "Director" means the director of the department
of environmental quality;
(vi) "Impacted area" means an area of Wyoming in
which sudden or prolonged population growth may occur or may
cause environmental, social or economic stresses of such nature
that the total local, state and federal resources available are
not sufficient to alleviate them properly and effectively as
determined by the council;
(vii) "Industrial facility" or "facility" means any
industrial facility with an estimated construction cost of at
least ninety-six million nine hundred thousand dollars
($96,900,000.00) as of May 30, 1987. Exempt activities shall not
be included in the estimated construction cost of an industrial
facility. The council shall adjust this amount, up or down,
each year using recognized construction cost indices as the
council determines to be relevant to the actual change in
construction cost applicable to the general type of construction
covered under this chapter. "Facility" also includes,
regardless of construction cost:
(A) Any commercial waste incineration or
disposal facility capable of receiving greater than five hundred
(500) short tons per day of household refuse or mixed household
and industrial refuse, excluding lands and facilities subject to
W.S. 35-11-402(a)(xiii);
(B) Any commercial facility which incinerates or
disposes of any regulated quantity of hazardous wastes which are
subject to hazardous waste shipping manifest requirements under
subtitle C of the Resource Conservation and Recovery Act (42
U.S.C. §§ 6921 through 6939e);
(C) Any commercial radioactive waste management
facility defined by W.S. 35-11-103(d)(v);
(D) Until July 1, 1999, any facility constructed
solely for the disposal of overburden, development waste rock or
refuse from mining as defined under W.S. 35-11-103, except for
the following facilities:
(I) Facilities permitted or licensed under
article 4 of the Wyoming Environmental Quality Act;
(II) Facilities specifically exempt from
permitting requirements under article 4 of the Wyoming
Environmental Quality Act;
(III) Facilities specifically identified
under W.S. 35-11-103(d)(v)(A).
(E) Any commercial facility generating
electricity from wind and associated collector systems that:
(I) Consists of twenty (20) or more wind
turbines in all planned phases of the installation; or
(II) Expand an existing installation not
previously defined as a facility to include a total number of
turbines greater than or equal to the thresholds in subdivision
(a)(vii)(E)(I) of this section.
(F) Any facility over which a board of county
commissioners has authority to issue the permit required by W.S.
18-5-502 and which facility the board of county commissioners
has referred to the council under W.S. 18-5-509;
(G) Any commercial facility generating
electricity from solar power and associated solar collector
systems if the facility:
(I) Has a rated power capacity of more than
thirty (30) megawatts;
(II) Would result in a surface disturbance
equal to or greater than one hundred (100) acres; or
(III) Is expanded to where the facility
would satisfy subdivision (I) or (II) of this subparagraph.
(H) Any facility that would meet the definition
of subparagraphs (E) or (G) of this paragraph but is planned for
construction and siting or has its ownership or business
structure organized in a way to circumvent the definition of
"industrial facility" or "facility" or the requirements of this
chapter while engaging in conduct that otherwise would be
subject to the requirements of this article. A facility that
meets the definition of this chapter shall comply with all
requirements applicable to facilities defined by subparagraphs
(E) and (G) of this paragraph.
(viii) "Local government" means any county, city,
town or school district or any combination thereof as formed
under the Wyoming Joint Powers Act;
(ix) Repealed by Laws 1992, ch. 60, § 4.
(x) "Permit" means the permit issued by the council
and required for the construction or operation of any industrial
facility or facilities;
(xi) "Person" includes an individual, group, firm,
partnership, corporation, cooperative, association, or other
entity excluding the state, federal government and local
government. "Person" also includes the parent company,
partnership or holding entity for a commercial facility
generating electricity from wind or solar;
(xii) "Administrator" means the administrator of the
division;
(xiii) "Division" means the industrial siting
division of the department of environmental quality;
(xiv) "Collector system" means the electrical
transmission infrastructure, including conductors, towers,
substations, switchgear and other components necessary to
deliver power from any commercial facility generating
electricity from wind or solar up to, but not including,
electric substations or similar facilities necessary to
interconnect to existing or proposed transmission lines that
serve load or export energy from Wyoming;
(xv) "Affected landowner" means any person holding
record title to land on which any portion of a commercial
facility generating electricity from wind or solar is proposed
to be constructed and including any portion of any collector
system located on those same lands. For purposes of this
chapter, an affected landowner may be represented by any
designated person;
(xvi) "Tribal government" means the tribal government
of the Eastern Shoshone tribe, the tribal government of the
Northern Arapaho tribe of the Wind River Indian Reservation and
the cooperative tribal governing body.
35-12-103. Creation of industrial siting division.
There is created within the department of environmental quality
the industrial siting division.
35-12-104. Industrial siting council created; composition;
terms; removal; compensation.
(a) There is created the industrial siting council
consisting of seven (7) members who are residents of Wyoming.
(b) The terms of council members shall be six (6) years,
except that on the initial appointment three (3) members shall
serve for six (6) years, two (2) members shall serve for four
(4) years and two (2) members shall serve two (2) years as
designated by the initial appointment.
(c) Members shall be appointed by the governor with the
advice and consent of the senate. The governor may remove any
member as provided in W.S. 9-1-202. If a vacancy occurs the
governor shall appoint a new member as provided in W.S.
28-12-101. Not more than seventy-five percent (75%) of the
members shall be of the same political party.
(d) The council, annually, shall elect a chairman,
vice-chairman and secretary from among its members. The council
shall have at least four (4) regularly scheduled meetings each
year and may meet at the call of the chairman or upon request of
a majority of the members at other times. For the purpose of
conducting council business four (4) members constitute a quorum
but no action taken is valid unless approved by at least four
(4) members.
(e) Council members appointed pursuant to this section
shall be reimbursed for per diem, mileage and expenses and
receive salary for attending meetings and hearings of the
council in the same manner and amount as members of the Wyoming
legislature.
(f) The administrative head of each state agency
enumerated in W.S. 35-12-110(b), or the designated
representative, may attend meetings of the council and serve in
an advisory capacity to facilitate and expedite the decision
making process of the council. The council may request any
administrative head to pursue, evaluate and submit reports
relative to any study which may be required in the evaluation of
an application for a permit.
(g) Appointments and terms under this chapter shall be in
accordance with W.S. 28-12-101 through 28-12-103.
35-12-105. Appointment and duties of administrator; staff;
rules and regulations.
(a) The director shall appoint an administrator of the
division who shall serve at the director's pleasure as the
executive and administrative head of the division. The
administrator is responsible to and under control and
supervision of the director. The director shall employ such
other staff as deemed necessary by the director to carry out the
functions and responsibilities of the division.
(b) The council shall promulgate rules and regulations
pursuant to the Wyoming Administrative Procedure Act,
implementing this chapter. The director, or the administrator if
designated by the director, shall administer and enforce this
chapter and any rules, regulations and orders approved or issued
by the council.
(c) The director, administrator and the staff of the
division are authorized to the extent possible, at the request
of local governments, to provide technical assistance to local
governments in the preparation of anticipated impacts related to
a proposed project consistent with W.S. 39-15-111(c) and (d) and
negotiation of agreements with applicants as provided for in
W.S. 35-12-107.
(d) In addition to the rules and regulations adopted under
subsection (b) of this section, the council shall promulgate
rules and regulations prescribing decommissioning and site
reclamation standards for facilities permitted under W.S. 35-12-
102(a)(vii)(E), (F) and (G). Such standards shall preempt
county rules or regulations concerning decommissioning and
reclamation and shall be designed to assure the proper
decommissioning and interim and final site reclamation of
commercial facilities generating electricity from wind or solar
and wind energy and solar energy facilities during construction
and operation of the facility, at the end of their useful life,
upon revocation of a permit authorizing their operation or upon
the happening of any event which causes operations to cease. The
council's regulation shall only preempt those facilities
regulated under this act. In the event of any conflict between a
standard applied under this subsection and a valid order of the
Wyoming public service commission, the order of the public
service commission shall be applied.
(e) In addition to the rules and regulations adopted under
subsection (b) of this section, the council shall promulgate
rules and regulations prescribing financial assurance
requirements for facilities permitted by it pursuant to W.S. 35-
12-102(a)(vii)(E), (F) and (G). These rules and regulations
shall not apply to facilities that are public utilities and
regulated by the Wyoming public service commission. These rules
and regulations shall preempt county rules and regulations
concerning financial assurances and shall be designed to provide
adequate assurance that the permitted facilities will be
properly reclaimed and decommissioned at the end of their useful
life, upon revocation of a permit authorizing their operation or
upon the happening of any event which causes operations to
cease. The elements to consider when establishing adequate
levels of financial assurance shall include credit worthiness,
financial strength, credit history, credit rating and any other
factors that reasonably bear upon the decision to accept a
financial assurance. The financial assurance may be in any form
acceptable to the council and may include a corporate guarantee,
letter of credit, bond, deposit account or insurance policy.
(f) In addition to the rules and regulations adopted under
subsection (b) of this section, the council shall promulgate
rules and regulations requiring applicants for facilities
described in W.S. 35-12-102(a)(vii)(E), (F) and (G) to provide
notice to record owners of mineral rights located on or under
the lands where the proposed facility will be constructed. Such
notice may include notice by publication.
(g) The council may adopt such rules and regulations,
including fee structures, as are appropriate to accept and
consider applications referred by any board of county
commissioners under W.S. 18-5-509.
35-12-106. Permit from council required before commencing
construction of facility; electronic permitting; amendments;
exceptions; federal requirements.
(a) No person shall commence to construct a facility, as
defined in this chapter, in this state without first obtaining a
permit for that facility from the council. Any facility, for
which a permit is required, shall be constructed, operated and
maintained in conformity with the permit and any terms,
conditions and modifications contained in the permit. A permit
may only be issued pursuant to this chapter or pursuant to the
provisions of W.S. 18-5-501 through 18-5-513 for facilities
referred to the council.
(b) A permit may be transferred, subject to council
approval, to a person who agrees to comply with the terms,
conditions and modifications contained in the permit.
(c) Except as provided in subsection (d) of this section,
the council may allow the amendment of a permit or application
for a permit for good cause if the holder demonstrates to the
council at its next meeting that the requested change is in
compliance with local ordinances and applicable land use plans
and will not significantly add to adverse environmental, social
and economic impact in the impacted area.
(d) On an application for an amendment of a permit, the
council shall hold a hearing in the same manner as a hearing is
held on an application for a permit if in the council's opinion
the requested change in the facility would result in a
significant adverse increase in any environmental, social or
economic impact of the facility or a change in the location of
all or a portion of the facility unless the change in location
was specifically approved by the council in the permit.
(e) The council may waive the application and permit
provisions of this chapter if the applicant establishes by clear
and convincing proof that an emergency exists created by the
loss or damage to an existing facility which seriously threatens
the health, safety and welfare of the public.
(f) The council may allow the permitting and reporting
requirements of this act to be conducted electronically as
provided by the Uniform Electronic Transaction Act, W.S.
40-21-101 through 40-21-119.
(g) For a permit issued for a facility meeting the
definition of W.S. 35-12-102(a)(vii)(E), there shall be no
vertical construction of a wind turbine within two (2) nautical
miles of any active federal military missile launch or control
facility, unless the owner or developer of the facility first
obtains and furnishes documentation to the division of:
(i) A written determination of no adverse impact on
nuclear security operations from the military installation
commander or the commander's designee. The determination shall
not be unreasonably withheld or denied;
(ii) A determination of no hazard from the federal
aviation administration; and
(iii) Documentation from the federal military
aviation and installation assurance siting clearinghouse that
resolves any potential adverse impact on military operations and
readiness and that commits to implement required mitigation
measures.
35-12-107. Request for waiver of permit application; form.
(a) Any person proposing to construct an industrial
facility may submit a written request for a waiver of the
application provisions of this chapter.
(b) A request for a waiver shall be filed with the
division, in a form as prescribed by council rules and
regulations, and shall contain the following information:
(i) The name and address of the applicant, and if the
applicant is a partnership, association or corporation, the
names and addresses of the managers designated by the applicant
responsible for permitting or construction of the facility;
(ii) A description of the nature and location of the
facility;
(iii) Estimated time of commencement of construction
and construction time;
(iv) Estimated number and job classifications by
calendar quarter of employees of the applicant, or contractor or
subcontractor of the applicant, during the construction phase
and during the operating phase;
(v) Estimated population increases attributable to
the facility;
(vi) Estimated additional revenue to local
governments due to the facility;
(vii) Estimated construction cost of the facility;
(viii) A description of the methods and strategies
the applicant will use to maximize the employment and
utilization of the existing local or in-state contractors and
labor force during the construction and operation of the
facility;
(ix) Any other information the applicant considers
relevant or required by council rule or regulation;
(x) The procedures proposed to avoid constituting a
public nuisance, endangering the public health and safety, human
or animal life, property, wildlife or plant life, or
recreational facilities which may be adversely affected by the
facility;
(xi) Preliminary evaluations of or plans and
proposals for alleviating social, economic or environmental
impacts upon local government or any special districts which may
result from the proposed facility, including voluntary company
agreements with local governments;
(xii) Certification that the governing bodies of all
local governments within the potentially impacted area were
provided notification, a description of the proposed project and
an opportunity to ask the applicant questions at least thirty
(30) days prior to submission of the application;
(xiii) For facilities permitted pursuant to W.S. 35-
12-102(a)(vii)(E), (F) or (G), a site reclamation and
decommissioning plan, which shall be updated every five (5)
years and a description of a financial assurance plan which will
assure that all facilities will be properly reclaimed and
decommissioned. All such plans, unless otherwise exempt, shall
demonstrate compliance with any rules or regulations adopted by
the council pursuant to W.S. 35-12-105(d) and (e);
(xiv) Information demonstrating the applicant's
financial capability to decommission and reclaim the facility.
For facilities meeting the definition of W.S. 35-12-
102(a)(vii)(E) or (G) the information shall also demonstrate the
applicant's financial capability to construct, maintain and
operate the facility;
(xv) For proposed facilities meeting the requirements
of W.S. 35-12-102(a)(vii)(E), (F) or (G), a list of all affected
landowners with an address at which each affected landowner can
be given the notices required by this act.
(c) Not more than seven (7) days following receipt of a
request for a waiver, the director shall:
(i) Serve notice of the request upon the governing
bodies of local governments which will be primarily affected by
the proposed facility and, for proposed facilities meeting the
requirements of W.S. 35-12-102(a)(vii)(E), (F) or (G), upon
affected landowners;
(ii) Cause a summary of the request to be published
in one (1) or more newspapers of general circulation within the
area to be primarily affected by the proposed facility;
(iii) File a copy of the request with the county
clerk of the county or counties in which the proposed facility
will be constructed or which will be affected by the
construction;
(iv) Serve notice of the request upon each tribal
government located within the same or adjacent county to where
the industrial facility will be located.
(d) Not more than fourteen (14) days following receipt of
a request, the director shall:
(i) Schedule and conduct a public meeting;
(ii) Notify the applicant, tribal governments, if
applicable, and local governments of the meeting and, for
proposed facilities meeting the requirements of W.S. 35-12-
102(a)(vii)(E), (F) or (G), notify affected landowners;
(iii) Cause notice of the meeting to be published in
one (1) or more newspapers of general circulation within the
area to be primarily affected by the proposed facility; and
(iv) Hold the meeting at a community as close as
practicable to the proposed facility.
(e) At the public meeting, the applicant shall present
such information as necessary to describe the proposed facility
and its estimated impacts upon local units of government.
(f) Within fourteen (14) days of the public meeting, the
applicant shall meet with the director and each local government
affected by the proposed facility to determine the mitigation
required to minimize any adverse impacts resulting from the
proposed facility.
(g) Not more than fifty (50) days following receipt of a
request, the director shall:
(i) Schedule and conduct a public hearing;
(ii) Notify the applicant, tribal governments, if
applicable, and local governments of the hearing and, for
proposed facilities meeting the requirements of W.S. 35-12-
102(a)(vii)(E), (F) or (G), notify affected landowners;
(iii) Cause notice of the hearing to be published in
one (1) or more newspapers of general circulation within the
area to be primarily affected by the proposed facility; and
(iv) Hold the hearing at a community as close as
practicable to the proposed facility.
(h) The applicant shall present any evidence necessary to
demonstrate to the council:
(i) That the facility would not produce an
unacceptable environmental, social or economic impact;
(ii) That the applicant has reached agreement with
local governments affected by the facility on the mitigation
required to alleviate adverse effects resulting from the
facility; and
(iii) That the applicant has financial resources to
decommission and reclaim the facility. For facilities meeting
the definition of W.S. 35-12-102(a)(vii)(E) or (G) the evidence
shall also demonstrate the applicant's financial capability to
construct, maintain and operate the facility.
(j) Within ten (10) days from the date of completion of
the hearing the council shall make complete findings, issue an
opinion and render a decision upon the record, either granting
or denying the request for a waiver. The council shall grant a
request for a waiver either as proposed or as modified by the
council if it finds and determines that:
(i) The facility would not produce an unacceptable
environmental, social and economic impact;
(ii) The applicant has discussed the proposed
facility with all local governments potentially affected by the
project;
(iii) The proposed facility is in compliance with all
local ordinances and land use plans; and
(iv) The applicant has financial resources to
decommission and reclaim the facility. For facilities meeting
the definition of W.S. 35-12-102(a)(vii)(E) or (G) the council
shall also be required to find the applicant has financial
resources to construct, maintain and operate the facility.
(k) No request for a waiver shall be granted if two (2) or
more local governments which will be affected are not satisfied
that the facility, considering the voluntary company agreements,
represents an acceptable impact on the local governments.
(m) If the council decides to waive all of the application
requirements of this chapter, it shall issue a permit for the
facility in accordance with W.S. 35-12-113. If the council
decides to waive a part of the application requirements of this
chapter, it shall issue an order specifying the requirements
which will not be required for an application filed pursuant to
W.S. 35-12-109.
35-12-108. Quantity of water available; analysis; public
comment; opinions.
(a) If an applicant applies for an industrial siting
permit, pursuant to W.S. 35-12-106, or for a waiver of the
application provisions, pursuant to W.S. 35-12-107, for a
facility which requires the use of eight hundred (800) or more
acre feet of the waters of this state annually, the applicant
shall prepare and submit to the state engineer a water supply
and water yield analysis with a request for a preliminary and
final opinion as to the quantity of water available for the
proposed facility.
(b) Within ninety (90) days after the applicant has
submitted an acceptable water supply and yield analysis, the
state engineer, at the applicant's expense, shall complete a
comprehensive review of the water supply and water yield
analysis submitted.
(c) Within five (5) days after completion of the review,
the state engineer shall render a preliminary opinion as to the
quantity of water available for the proposed facility. The
preliminary opinion, or a reasonable summary, shall be published
for three (3) consecutive weeks in a newspaper of general
circulation in the county in which the proposed facility is to
be located. The expense of the publication shall be borne by the
applicant.
(d) The state engineer may hold a public hearing before
rendering a final opinion on the water supply and water yield
analysis.
(e) In rendering a final opinion as to the quantity of
water available for the proposed facility, the state engineer
shall consider any comments which are submitted in writing
within twenty (20) days of the last date of publication.
(f) Within thirty (30) days after the last date of
publication, the state engineer shall render a final opinion.
The final opinion shall:
(i) Be submitted to the industrial siting council and
the public service commission;
(ii) Be binding on the industrial siting council for
the purposes of issuing an industrial siting permit; and
(iii) Be reviewed by the public service commission
prior to its issuance of a certificate of public convenience and
necessity.
(g) The state engineer's preliminary and final opinion
shall not create a presumption concerning injury or noninjury to
water rights, nor shall those opinions be used as evidence in
any administrative proceeding or in any judicial proceeding
concerning water right determinations or administration.
35-12-109. Application for permit; form; fee; financial
accounting.
(a) An application for a permit shall be filed with the
division, in a form as prescribed by council rules and
regulations, and shall contain the following information:
(i) The name and address of the applicant, and, if
the applicant is a partnership, association or corporation, the
names and addresses of the managers designated by the applicant
responsible for permitting, construction or operation of the
facility;
(ii) The applicant shall state that to its best
knowledge and belief the application is complete when filed and
includes all the information required by W.S. 35-12-109 and the
rules and regulations, except for any requirements specifically
waived by the council pursuant to W.S. 35-12-107;
(iii) A description of the nature and location of the
facility;
(iv) Estimated time of commencement of construction
and construction time;
(v) Estimated number and job classifications, by
calendar quarter, of employees of the applicant, or contractor
or subcontractor of the applicant, during the construction phase
and during the operating life of the facility. Estimates shall
include the number of employees who will be utilized but who do
not currently reside within the area to be affected by the
facility;
(vi) Future additions and modifications to the
facility which the applicant may wish to be approved in the
permit;
(vii) A statement of why the proposed location was
selected;
(viii) A copy of any studies which may have been made
of the environmental impact of the facility;
(ix) Inventory of estimated discharges including
physical, chemical, biological and radiological characteristics;
(x) Inventory of estimated emissions and proposed
methods of control;
(xi) Inventory of estimated solid wastes and proposed
disposal program;
(xii) The procedures proposed to avoid constituting a
public nuisance, endangering the public health and safety, human
or animal life, property, wildlife or plant life, or
recreational facilities which may be adversely affected by the
estimated emissions or discharges;
(xiii) An evaluation of potential impacts together
with any plans and proposals for alleviating social and economic
impacts upon local governments or special districts and
alleviating environmental impacts which may result from the
proposed facility. The evaluations, plans and proposals shall
cover the following:
(A) Scenic resources;
(B) Recreational resources;
(C) Archaeological and historical resources;
(D) Land use patterns;
(E) Economic base;
(F) Housing;
(G) Transportation;
(H) Sewer and water facilities;
(J) Solid waste facilities;
(K) Police and fire facilities;
(M) Educational facilities;
(N) Health and hospital facilities;
(O) Water supply;
(P) Other relevant areas;
(Q) Agriculture;
(R) Terrestrial and aquatic wildlife;
(S) Threatened, endangered and rare species and
other species of concern identified in the state wildlife action
plan as prepared by the Wyoming game and fish department.
(xiv) Estimated construction cost of the facility;
(xv) What other local, state or federal permits and
approvals are required;
(xvi) Compatibility of the facility with state or
local land use plans, if any;
(xvii) Any other information the applicant considers
relevant or required by council rule or regulation;
(xviii) A description of the methods and strategies
the applicant will use to maximize employment and utilization of
the existing local or in-state contractors and labor force
during the construction and operation of the facility;
(xix) Certification that the governing bodies of all
local governments which will be primarily affected by the
proposed facility were provided notification, a description of
the proposed project and an opportunity to ask the applicant
questions at least thirty (30) days prior to submission of the
application;
(xx) For facilities permitted pursuant to W.S. 35-12-
102(a)(vii)(E), (F) or (G), a site reclamation and
decommissioning plan, which shall be updated every five (5)
years, and a description of a financial assurance plan which
will assure that all facilities will be properly reclaimed and
decommissioned. All such plans, unless otherwise exempt, shall
demonstrate compliance with any rules or regulations adopted by
the council pursuant to W.S. 35-12-105(d) and (e);
(xxi) Information demonstrating the applicant's
financial capability to decommission and reclaim the facility.
For facilities meeting the definition of W.S. 35-12-
102(a)(vii)(E) or (G) the information shall also demonstrate the
applicant's financial capability to construct, maintain and
operate the facility;
(xxii) For proposed facilities meeting the
requirements of W.S. 35-12-102(a)(vii)(E), (F) or (G), a list of
all affected landowners with an address at which each affected
landowner can be given the notices required by this act.
(b) At the time of filing an application or a written
request for a waiver of the application provisions of this
chapter as provided in W.S. 35-12-107, or as subsequently
required by the director, an applicant shall pay a fee to be
determined by the director based upon the estimated cost of
investigating, reviewing, processing and serving notice of an
application, holding a hearing in case of a request for waiver,
inspection and compliance activities and processing application
update requests. The fee shall be credited to a separate account
and shall be used by the division as required to investigate,
review, process and serve notice of the application, to hold a
hearing in case of a request for waiver and to pay the
reasonable costs of any meeting or hearing associated with
permit compliance. Unused fees shall be refunded to the
applicant. The maximum fee chargeable shall not exceed one-half
of one percent (0.5%) of the estimated construction cost of the
facility or one hundred thousand dollars ($100,000.00),
whichever is less.
(c) The director shall provide the applicant with a full
financial accounting, including but not limited to all
materials, labor and overhead costs relating to the expenditures
of the fee at the time of the council's decision as provided in
W.S. 35-12-113 or at the completion of construction, whichever
occurs later.
(d) At any time after the fee required by subsection (b)
of this section has been exhausted or refunded and in addition
to the fee imposed under subsection (b) of this section, the
applicant may be required to pay a fee, as determined by the
director, for the costs of any meeting or hearing associated
with permit compliance. The director shall provide the
applicant with a full financial accounting for the expenditure
of the fee, including but not limited to all materials, labor
and overhead costs, at the conclusion of the council meeting or
hearing.
35-12-110. Service of notice of application; information
and recommendations; application deficiencies; procedure;
jurisdiction; hearing.
(a) Not more than ten (10) days following receipt of an
application for a permit, the director shall:
(i) Serve an electronic or physical copy of the
application upon the governing bodies of local governments which
will be primarily affected by the proposed facility together
with notice of the applicable provisions of W.S. 35-12-111 and,
for proposed facilities meeting the requirements of W.S. 35-12-
102(a)(vii)(E), (F) or (G), serve a copy of the application with
notice of the applicable provisions of W.S. 35-12-111 upon
affected landowners;
(ii) Cause a summary of the application to be
published in one (1) or more newspapers of general circulation
within the area to be primarily affected by the proposed
facility;
(iii) File a copy of the application with the county
clerk of the county or counties in which the proposed facility
will be constructed;
(iv) Serve an electronic or physical copy of the
application and notice of hearing upon each tribal government
located within the same or adjacent county to where the
industrial facility will be located.
(b) The division shall obtain information and
recommendations from the following state agencies relative to
the impact of the proposed facility as it applies to each
agency's area of expertise:
(i) Wyoming department of transportation;
(ii) Public service commission;
(iii) Repealed By Laws 1998, ch. 6, § 5.
(iv) Game and fish department;
(v) Department of health;
(vi) Department of education;
(vii) Office of state engineer;
(viii) Repealed by Laws 1990, ch. 44, § 3.
(ix) Wyoming state geologist;
(x) Wyoming department of agriculture;
(xi) Department of environmental quality;
(xii) Repealed by Laws 1992, ch. 60, § 4.
(xiii) Repealed by Laws 1990, ch. 44, § 3.
(xiv) The University of Wyoming;
(xv) Department of revenue;
(xvi) The Wyoming business council;
(xvii) Department of workforce services;
(xviii) Office of state lands and investments;
(xix) Department of workforce services;
(xx) Department of state parks and cultural
resources;
(xxi) Department of fire prevention and electrical
safety;
(xxii) Department of family services;
(xxiii) Oil and gas conservation commission.
(c) The information required by subsection (b) of this
section shall be provided by the agency from which it is
requested not more than sixty (60) days from the date the
request is made and shall include opinions as to the
advisability of granting or denying the permit together with
reasons therefor, and recommendations regarding appropriate
conditions to include in a permit, but only as to the areas
within the expertise of the agency. Each agency which has
regulatory authority over the proposed facility shall provide to
the council a statement defining the extent of that agency's
jurisdiction to regulate impacts from the facility, including a
statement of the agency's capability to address cumulative
impacts of the facility in conjunction with other facilities.
The statement of jurisdiction from each agency is binding on the
council.
(d) On receipt of an application, the director shall
conduct a review of the application to determine if it contains
all the information required by W.S. 35-12-109 and the rules and
regulations. If the director determines that the application is
incomplete, he shall within thirty (30) days of receipt of the
application notify the applicant of the specific deficiencies in
the application. The applicant shall provide the additional
information necessary within forty-five (45) days of a receipt
of a request for additional information from the director.
(e) Upon receipt of the additional information specified
in subsection (d) of this section, the director shall either
notify the applicant that the application is complete or notify
the applicant of continued deficiencies. The applicant shall
provide the required information within fifteen (15) days of
receipt of the notice of continued deficiency. Upon receipt of
the second deficiency notice, the applicant may:
(i) Provide the required information within the time
allotted; or
(ii) Withdraw the application.
(iii) Repealed By Laws 2010, Ch. 47, § 2.
(f) Not more than one hundred twenty (120) days after
receipt of an application for a permit, the director shall:
(i) Schedule and conduct a public hearing, provided
that no hearing shall be held until the state engineer has
submitted a preliminary and final opinion as to the quantity of
water available for the proposed facility pursuant to W.S.
35-12-108;
(ii) Notify the applicant, tribal governments, if
applicable, and local governments of the hearing and, for
proposed facilities meeting the requirements of W.S. 35-12-
102(a)(vii)(E), (F) or (G), notify affected landowners;
(iii) Cause notice of the hearing to be published in
one (1) or more newspapers of general circulation within the
area to be primarily affected by the proposed facility; and
(iv) Hold the hearing at a community as close as
practicable to the proposed facility. The provisions of W.S.
35-12-111, 35-12-112 and 35-12-114 apply to the hearing.
(g) For proposed facilities meeting the requirements of
W.S. 35-12-102(a)(vii)(E), (F) or (G):
(i) The division shall request information and
recommendations from affected landowners relative to the impact
of the proposed facility as it applies to each affected
landowner's lands and interests;
(ii) Not less than twenty-five (25) days prior to any
scheduled hearing on the application, the director shall provide
to all affected landowners a copy of all information received
from agencies providing information under subsections (b) and
(c) of this section; and
(iii) Agencies providing opinions and recommendations
under subsections (b) and (c) of this section shall receive
comments from affected landowners and shall provide a summary of
all affected landowner comments with other information
submitted. If comments are received after the agency's other
information is submitted, the comments shall be forwarded when
received to the division.
35-12-111. Parties to permit proceeding; waiver by failure
to participate.
(a) The parties to a permit proceeding include:
(i) The applicant;
(ii) Each local government entitled to receive a copy
of the application under W.S. 35-12-110(a)(i);
(iii) Any person residing in a local government
entitled to receive a copy of the application under W.S.
35-12-110(a)(i) including any person holding record title to
lands directly affected by construction of the facility and any
nonprofit organization with a Wyoming chapter, concerned in
whole or in part to promote conservation or natural beauty, to
protect the environment, personal health or other biological
values, to preserve historical sites, to promote consumer
interests, to represent commercial, agricultural and industrial
groups, or to promote the orderly development of the areas in
which the facility is to be located. In order to be a party the
person or organization must file with the office a notice of
intent to be a party not less than twenty (20) days before the
date set for the hearing.
(b) Any party identified in paragraph (a)(iii) of this
section waives his right to be a party if he does not
participate orally at the hearing. Any party identified in
paragraph (a)(ii) of this section waives its right to be a party
unless the local government files a notice of intent to be a
party with the office not less than twenty (20) days before the
date set for the hearing.
(c) Any person may make a limited appearance in the
proceeding by filing a statement in writing with the council
prior to adjournment of the hearing. A statement filed by a
person making a limited appearance shall become part of the
record and shall be made available to the public. No person
making a limited appearance under this subsection is a party to
the proceeding.
(d) No state agency other than the industrial siting
division shall act as a party at the hearing. Members and
employees of all other state agencies and departments may file
written comments prior to adjournment of the hearing but may
testify at the hearing only at the request of the council, the
industrial siting division or any party.
(e) Any person described in W.S. 35-12-111(a)(ii) or (iii)
who participated in the public hearing under W.S. 35-12-107 may
obtain judicial review of a council decision waiving all or
part of the application requirements of this chapter.
35-12-112. Record of hearing; procedure.
Any studies, investigations, reports or other documentary
evidence, including those prepared by the division, which any
party wishes the council to consider or which the council itself
expects to utilize or rely upon, shall be made a part of the
record. A complete record shall be made of the hearing and of
all testimony taken. The contested case procedures of the
Wyoming Administrative Procedure Act apply to the hearing under
W.S. 35-12-110(f), but do not apply to the hearing under W.S.
35-12-107.
35-12-113. Decision of council; findings necessary for
permit conditions imposed; service of decision on parties; waste
management surcharge.
(a) Within forty-five (45) days from the date of
completion of the hearing the council shall make complete
findings, issue an opinion and render a decision upon the
record, either granting or denying the application as filed, or
granting it upon terms, conditions or modifications of the
construction, operation or maintenance of the facility as the
council deems appropriate. The council shall not consider the
imposition of conditions which address impacts within the area
of jurisdiction of any other regulatory agency in this state as
described in the information provided in W.S. 35-12-110(b),
unless the other regulatory agency requests that conditions be
imposed. In considering the imposition of conditions requested
by other agencies upon private lands, the council shall consider
in the same manner and to the same extent any comments presented
by an affected landowner. The council may consider direct or
cumulative impacts not within the area of jurisdiction of
another regulatory agency in this state. The council shall grant
a permit either as proposed or as modified by the council if it
finds and determines that:
(i) The proposed facility complies with all
applicable law;
(ii) The facility will not pose a threat of serious
injury to the environment nor to the social and economic
condition or inhabitants or expected inhabitants in the affected
area;
(iii) The facility will not substantially impair the
health, safety or welfare of the inhabitants; and
(iv) The applicant has financial resources to
decommission and reclaim the facility. For facilities meeting
the definition of W.S. 35-12-102(a)(vii)(E) the council shall
also be required to find the applicant has financial resources
to construct, maintain and operate the facility.
(b) No permit shall be granted if the application is
incomplete.
(c) If the council determines that the location of all or
part of the proposed facility should be modified, it may
condition its permit upon that modification, provided that the
local governments, and persons residing therein, affected by the
modification, have been given reasonable notice of the
modification.
(d) The council shall issue with its decision, an opinion
stating in detail its reasons for the decision. If the council
decides to grant a permit for the facility, it shall issue the
permit embodying the terms and conditions in detail, including
the time specified to commence construction, which time shall be
determined by the council's decision as to the reasonable
capability of the local government, most substantially affected
by the proposed facility, to implement the necessary procedures
to alleviate the impact. A copy of the decision shall be served
upon each party.
(e) A permit may be issued conditioned upon the applicant
furnishing a bond to the division in an amount determined by the
director from which local governments may recover expenditures
in preparation for impact to be caused by a facility if the
permit holder does not complete the facility proposed. The
permit holder is not liable under the bond if the holder is
prevented from completing the facility proposed by circumstances
beyond his control.
(f) Within ten (10) days from the date of the council's
decision, a copy of the findings and the council's decision
shall be served upon the applicant, parties to the hearing and
local governments to be substantially affected by the proposed
facility and filed with the county clerk of the county or
counties to be primarily affected by the proposed facility.
Notice of the decision shall be published in one (1) or more
newspapers of general circulation within the area to be affected
by the proposed facility.
(g) Each approved facility enumerated under W.S.
35-12-102(a)(vii)(A) through (D) shall, on a quarterly basis,
remit to the division a waste management surcharge to be
deposited in the general fund. The surcharge amount is:
(i) A minimum of ten dollars ($10.00) per short ton
of solid wastes, including radioactive wastes, received at the
facility, less a minimum of five dollars ($5.00) for each short
ton of solid wastes removed at the facility and recycled or
reused and less any amount credited against the surcharge
pursuant to W.S. 35-11-503(b)(iv)(B); and
(ii) A minimum of twenty-five dollars ($25.00) per
short ton of hazardous wastes received at the facility, less a
minimum of three dollars ($3.00) for each short ton of hazardous
wastes treated at the facility to reduce toxicity and long-term
hazards to the environment.
(h) For applicants subject to W.S. 35-12-105(e), a permit
may be issued conditioned upon the applicant furnishing a bond
or other financial assurance acceptable to the division in an
amount determined by the director to cover the cost of
decommissioning and reclaiming the facility.
(j) The council may deny an application if the facility
that is the subject of the application will unreasonably
interfere with the development of a known and currently
economically developable mineral resource within the proposed
facility.
35-12-114. Review of grant or denial of permit.
(a) Any party as defined in W.S. 35-12-111 aggrieved by
the final decision of the council on an application for a permit
may obtain judicial review by the filing of a petition in any
state district court in which the major portion of the proposed
facility is to be located within thirty (30) days after the
issuance of a final decision. The petition for appeal by any
party must include an express assumption of the cost of
preparation of the complete written transcripts and record for
the court. Upon receipt of a petition, the division shall
deliver to the court a copy of the complete written transcript
of the record of the proceeding before it and a copy of the
council's decision and opinion entered therein which shall
constitute the record on judicial review. At the same time the
division shall deliver to the petitioner an itemized statement
of the cost of preparing the complete written transcript and
record for the court. The petitioner shall pay the division this
cost within forty-five (45) days or forfeit the right to appeal
to district court. A copy of the transcript, decision and
opinion shall remain on file with the division and shall be
available for public inspection.
(b) When a decision is issued after a hearing on an
application for a permit, the decision is final for purposes of
judicial review. The judicial review procedure shall be the same
as that for contested cases under the Wyoming Administrative
Procedure Act.
35-12-115. Additional requirements by other governmental
agencies not permitted after issuance of permit; exceptions.
(a) Notwithstanding any other provision of law, no state,
intrastate regional agency or local government may require any
approval, consent, permit, certificate or other condition for
the construction, operation or maintenance of a facility
authorized by a permit issued pursuant to this chapter except
that:
(i) The department of environmental quality shall
retain authority which it has or which it may be granted to
determine compliance of the proposed facility with state and
federal standards and implementation plans and to enforce those
standards; and
(ii) The public service commission shall retain
authority which it has or may be granted relative to
certificates of convenience and necessity, rates, interchange of
services and safety regulations.
(b) Nothing in this chapter prevents the application of
state laws for the protection of employees engaged in the
construction, operation or maintenance of any facility specified
in this section.
35-12-116. Revocation or suspension of permit.
(a) A permit may be revoked or suspended for:
(i) Any material false statement in the application
or in accompanying statements or studies required of the
applicant, if a true statement would have warranted the
council's refusal to grant a permit;
(ii) Failure to comply with the terms or conditions
of the permit after notice of the failure from the office and
reasonable opportunity to correct the failure; or
(iii) Violation of this chapter, the regulations
issued pursuant to this chapter or orders of the council or
office.
35-12-117. Monitoring of facilities.
(a) Except as provided in subsection (b) of this section,
the council and the division, utilizing to the fullest extent
possible the staff and resources of all state agencies, boards
and commissions, has continuing authority and responsibility
for:
(i) Monitoring the operations of all facilities which
have been granted permits under this chapter;
(ii) Assuring continuing compliance with this chapter
and permits issued pursuant to this chapter; and
(iii) Discovering and preventing noncompliance with
this chapter and the permits.
(b) The department of environmental quality has exclusive
continuing authority and responsibility for monitoring and
assuring compliance with:
(i) Laws and regulations pertaining to air, water and
land quality, and solid waste management; and
(ii) Any permit conditions ordered by the council
relating to matters of air, water and land quality, and solid
waste management.
35-12-118. Penalties for violations; civil action by
attorney general.
(a) No person shall:
(i) Commence to construct a facility after the
effective date of this chapter without first obtaining a permit
required under this chapter;
(ii) Construct, operate or maintain a facility, after
having first obtained a permit, other than in specific
compliance with the permit;
(iii) Cause any of the acts specified in this
subsection to occur;
(iv) Operate or maintain an industrial facility
without having first obtained the permit required under this
chapter.
(b) Any person violating subsection (a) of this section is
liable to a civil penalty of not more than ten thousand dollars
($10,000.00) for each violation. Each day of a continuing
violation constitutes a separate offense. The penalty shall be
recoverable in a civil suit brought by the attorney general on
behalf of the state in the district court in and for the county
of Laramie.
(c) Whoever knowingly and willfully violates subsection
(a) of this section shall be fined not more than ten thousand
dollars ($10,000.00) for each violation or imprisoned for not
more than one (1) year, or both. Each day of a continuing
violation constitutes a separate offense.
(d) In addition to any penalty provided in subsection (b)
or (c) of this section, if the director determines that a person
is violating this section, he shall refer the matter to the
attorney general who may bring a civil action on behalf of the
state in the district court in and for the county of Laramie for
injunctive or other appropriate relief against the violation and
to enforce this chapter or a permit issued under this chapter,
and upon a proper showing a permanent or preliminary injunction
or temporary restraining order shall be granted without bond.
(e) All fines collected pursuant to subsection (b) of this
section shall be paid to the state treasurer and credited as
provided in W.S. 8-1-109.
35-12-119. Exemptions; information required.
(a) Nonmineral processing facilities to be constructed in
existing industrial parks, as designated by local governments,
and industrial sovereign zones established under W.S. 9-20-202
are exempt from payment of fees and certification procedures but
shall furnish the information required by W.S. 35-12-
109(a)(iii), (iv) and (v) to the division if included in W.S.
35-12-102(a)(vii).
(b) State and local governmental units and agencies are
exempt from the application and permit procedures of this
chapter, but prior to commencing to construct any facility as
provided in W.S. 35-12-102(a)(vii), those units and agencies
shall furnish to the division information required by W.S.
35-12-109(a)(iii), (iv) and (v).
(c) The construction, operation and maintenance of the
following activities are exempt from this chapter:
(i) Electric transmission lines with a maximum
operating voltage of less than one hundred sixty thousand
(160,000) volts, except:
(A) Any collector system, regardless of voltage,
associated with a commercial facility generating electricity
from wind and which meets the definition of an industrial
facility pursuant to W.S. 35-12-102(a)(vii)(E) and (F) shall not
be exempt;
(B) A commercial facility generating electricity
from wind that is exempt from W.S. 35-12-102(a)(vii)(E) or (F)
shall not become subject to this chapter because its collector
system is greater than one hundred sixty thousand (160,000)
volts.
(ii) Oil and gas drilling facilities;
(iii) All pipelines except coal slurry pipelines;
(iv) Oil and gas producing facilities;
(v) Oil and gas wellfield activities.
(d) Activities exempt under this section shall not be
included as part of the application review of a facility subject
to this chapter, and the council does not have jurisdiction over
exempt activities. Applicants shall furnish the information
required by W.S. 35-12-109(a)(iii), (iv), (v) and (viii) for
exempt activities.
CHAPTER 13 - FACILITIES IN PUBLIC BUILDINGS FOR PHYSICALLY
HANDICAPPED
ARTICLE 1 - IN GENERAL
35-13-101. Renumbered as 16-6-501 by Laws 1982, ch. 62, §
3.
35-13-102. Renumbered as 16-6-502 by Laws 1982, ch. 62, §
3.
35-13-103. Renumbered as 16-6-503 by Laws 1982, ch. 62, §
3.
35-13-104. Renumbered as 16-6-504 by Laws 1982, ch. 62, §
3.
35-13-105. Repealed by Laws 1982, ch. 62, § 4.
ARTICLE 2 - PROTECTION AND RIGHTS OF BLIND AND DISABLED PERSONS
35-13-201. Generally; service and assistance animals.
(a) Any blind, visually impaired, deaf, hearing impaired
person or other person with a disability, subject to the
conditions and limitations established by law and applicable
alike to all persons:
(i) Has the same right as an able-bodied person to
the full and free use of the streets, highways, sidewalks,
walkways, public buildings, public facilities and other public
places;
(ii) Shall be afforded full and equal accommodations,
advantages, facilities and privileges of any place of public
accommodation and any other place to which the general public is
invited; and
(iii) Shall not be discriminated against in the
leasing or rental of apartments and other private residential
property because of his disability.
(b) Any blind, visually impaired, deaf, hearing impaired
person or other person with a disability may be accompanied by a
service animal in any facility of a public entity in accordance
with 28 C.F.R. 35.136 and any place of public accommodation in
accordance with 28 C.F.R. 36.302(c).
(c) A person shall not be discriminated against in the
leasing or rental of residential property because the person has
an assistance animal, which shall be permitted in leased or
rented residential property in accordance with the federal Fair
Housing Act. The person shall be liable for any damage done by
his assistance animal to the premises or facilities of the
leased or rented residential property.
(d) A public accommodation, or any agent or employee
thereof, that permits a service animal or an animal believed in
good faith to be a service animal in its place of public
accommodation is not liable for any damage or injury caused by
the animal.
35-13-202. Drivers to take precautions; liability.
The driver of a vehicle approaching a blind, partially blind,
deaf or hearing impaired pedestrian carrying a cane
predominantly white or chrome metallic in color or using a guide
dog shall take all necessary precautions to avoid injury to the
pedestrian. Any driver failing to take these precautions is
liable in damages for any injury caused the pedestrian.
35-13-203. Interfering with rights; misrepresentation of a
service or assistance animal; penalties.
(a) Any person denying or interfering with admittance to
or enjoyment of any place or facility referenced in W.S.
35-13-201(a) through (c) or otherwise interfering with the
rights of the blind, partially blind, deaf, hearing impaired
person or other person with a disability is guilty of a
misdemeanor and may be fined not more than seven hundred fifty
dollars ($750.00).
(b) Any person who knowingly and intentionally
misrepresents that an animal is a service animal or an
assistance animal for the purpose of obtaining any of the rights
or privileges set forth in this article is guilty of a
misdemeanor and may be fined not more than seven hundred fifty
dollars ($750.00).
35-13-204. Additional provisions on use of service dogs;
penalty.
(a) Any blind, partially blind, deaf, hearing impaired
person or other person with a disability who is a passenger on
any common carrier, airplane, motor vehicle, railroad train,
motor bus, boat or any other public conveyance operating within
the state may have with him a service dog.
(b) Any person violating this section is subject to a fine
not to exceed seven hundred fifty dollars ($750.00).
35-13-205. Definitions.
(a) As used in this article:
(i) Repealed by Laws 2017, ch. 133, § 2.
(ii) "Person with a disability" means an individual
who has a mental or physical impairment which substantially
limits one (1) or more major life activities;
(iii) "Major life activities" means functions
associated with the normal activities of independent daily
living such as caring for one's self, performing manual tasks,
walking, seeing, hearing or speaking;
(iv) "Assistance animal" means an animal that works,
provides assistance or performs tasks for the benefit of a
person with a disability, or provides emotional support that
alleviates one (1) or more identified symptoms or effects of a
person's disability;
(v) "Place of public accommodation" means as defined
in 28 C.F.R. 36.104;
(vi) "Public accommodation" means as defined in 28
C.F.R. 36.104;
(vii) "Public entity" means as defined in 28 C.F.R.
35.104;
(viii) "Service animal" means as defined in 28 C.F.R.
35.104 and 28 C.F.R. 36.104 and includes service miniature
horses pursuant to 28 C.F.R. 35.136 and 28 C.F.R. 36.302(c).
"Service animal" shall include a dog that is being trained to do
work or perform tasks for the benefit of an individual with a
disability.
35-13-206. Injuring or killing a service or assistance
animal prohibited; penalties.
(a) Any person who knowingly, willfully and without lawful
cause or justification inflicts, or permits or directs any
animal under his control or ownership to inflict, serious bodily
harm, permanent disability or death upon any service animal or
assistance animal is guilty of a misdemeanor punishable by
imprisonment for less than one (1) year, a fine of not more than
five thousand dollars ($5,000.00), or both.
(b) A court shall order a defendant convicted of an
offense under subsection (a) of this section to make restitution
to the owner of the service animal or assistance animal for:
(i) Related veterinary or medical bills;
(ii) The cost of replacing the service animal or
assistance animal or retraining an injured service animal or
assistance animal; and
(iii) Any other expense reasonably incurred as a
result of the offense.
CHAPTER 14 - FAMILY PLANNING AND BIRTH CONTROL
35-14-101. Repealed and Recreated as 42-5-101 and 42-5-102
by Laws 1988, ch. 34, § 2.
35-14-102. Repealed and Recreated as 42-5-101 and 42-5-102
by Laws 1988, ch. 34, § 2.
35-14-103. Repealed and Recreated as 42-5-101 and 42-5-102
by Laws 1988, ch. 34, § 2.
35-14-104. Repealed and Recreated as 42-5-101 and 42-5-102
by Laws 1988, ch. 34, § 2.
35-14-105. Repealed and Recreated as 42-5-101 and 42-5-102
by Laws 1988, ch. 34, § 2.
35-14-106. Repealed and Recreated as 42-5-101 and 42-5-102
by Laws 1988, ch. 34, § 2.
CHAPTER 15 - ASSEMBLAGE OF PEOPLE
35-15-101. Purpose of chapter.
It is the purpose of this act to regulate the assemblage of
large numbers of people, in excess of those normally meeting the
health, sanitary, fire, police, transportation and utility
services regularly provided in the state of Wyoming in order
that the health, safety and welfare of all persons in this
state, residents and visitors alike, may be protected.
35-15-102. Chapter not applicable to certain political
subdivisions.
The provisions of this act shall not apply to municipalities or
any cities or towns in the state of Wyoming, or other political
subdivisions which, at the effective date of this act, have
enacted ordinances or adopted rules and regulations regulating
the assemblage of large numbers of people, in excess of those
normally meeting the health, sanitary, fire, police,
transportation and utility services regularly provided in any
such municipality, city or town or other political subdivision,
in order that the health, safety and welfare of all persons
therein, residents and visitors alike, may be protected.
35-15-103. Definitions.
(a) As used in this act, the following terms shall have
the following meanings, except where the context clearly
indicates another meaning is indicated:
(i) "Department" means the department of health or
its designee;
(ii) "Person" means any individual natural human
being, partnership, corporation, firm, company, association,
society or group;
(iii) "Assembly" means a company of persons gathered
together at any location at any single time for any purpose.
35-15-104. License required to permit, advertise, organize
or sell tickets to assemblage of 5,000 or more people.
No person shall permit, maintain, promote, conduct, advertise,
act as entrepreneur, undertake, organize, manage, or sell or
give tickets to any actual or reasonably anticipated assembly of
five thousand (5,000) or more people which continues or can
reasonably be expected to continue for twenty (20) or more
consecutive hours, whether on public or private property, unless
a license to hold the assembly has first been issued by the
department, application for which must be made at least thirty
(30) days in advance of the assembly. A license to hold an
assembly issued to one (1) person shall permit any person to
engage in any lawful activity in connection with the holding of
the licensed assembly.
35-15-105. Separate license required for each day and
location of assemblage of 5,000 or more people.
A separate license shall be required for each day and each
location in which five thousand (5,000) or more people assemble
or can reasonably be anticipated to assemble and the fee for
each license shall be two hundred and fifty dollars ($250.00). A
licensee shall permit the assembly of only the maximum number of
people stated in the license. The licensee shall not sell
tickets to nor permit to assemble within the boundaries of the
licensed premises more than the maximum permissible number of
people. The licensee shall not permit the sound of the assembly
to carry unreasonably beyond the enclosed boundaries of the
location of the assembly.
35-15-106. Exception to license requirements.
This act shall not apply to any regularly established, permanent
place of worship, stadium, athletic field, arena, auditorium,
coliseum or other similar permanently established place of
assembly for assemblies which do not exceed by more than two
hundred and fifty (250) people the maximum seating capacity of
the structure where the assembly is held, nor shall this act
apply to government-sponsored fairs or rodeos held on regularly
established fairgrounds or rodeo grounds nor to assemblies
required to be licensed by other laws, ordinances, and rules and
regulations promulgated by the state of Wyoming, any
municipality, city and town, or other political subdivision of
the state of Wyoming.
35-15-107. Requirements for license.
(a) Before any person may be issued a license, the
applicant shall first:
(i) Determine the maximum number of people which will
be assembled or admitted to the location of the assembly,
provided that the maximum number shall not exceed the maximum
number which can reasonably assemble at the location of the
assembly in consideration of the nature of the assembly and
provided that, where the assembly is to continue overnight, the
maximum number shall not be more than is allowed to sleep within
the boundaries of the location of the assembly in keeping with
the health, safety and welfare of all persons so assembled;
(ii) Provide proof that the applicant will furnish,
at his own expense, before the assembly commences:
(A) Potable water, meeting all federal and state
requirements for purity, sufficient to provide drinking water
for the maximum number of people to be assembled at the rate of
at least one (1) gallon per person per day and water for bathing
at the rate of at least ten (10) gallons per person per day;
(B) Separate enclosed toilets for males and
females, meeting all state specifications and requirements,
conveniently located throughout the grounds, sufficient to
provide facilities for the maximum number of people to be
assembled at the rate of at least one (1) toilet for every two
hundred (200) females and at least one (1) toilet for every
three hundred (300) males together with an efficient, sanitary
means of disposing of waste matter deposited, which is in
compliance with all state rules and regulations; a lavatory with
running water under pressure and a continuous supply of soap and
paper towels shall be provided with each toilet;
(C) A sanitary method of disposing of solid
waste, in compliance with state laws, rules and regulations,
sufficient to dispose of the solid waste production of the
maximum number of people to be assembled at the rate of at least
two and five tenths (2.5) pounds of solid waste per person per
day, together with a plan for holding and a plan for collecting
all such waste at least once each day of the assembly and
sufficient trash cans with tight fitting lids and personnel to
perform the task;
(D) Physicians and nurses licensed to practice
in the state of Wyoming sufficient to provide the average
medical care enjoyed by residents of Wyoming for the maximum
number of people to be assembled together with an enclosed,
covered structure where treatment may be rendered, containing
separately enclosed treatment rooms for each physician, and at
least one (1) emergency ambulance available for use at all
times;
(E) If the assembly is to continue during hours
of darkness, illumination sufficient to light the entire area of
the assembly at the rate of at least five (5) foot candles, but
not to shine unreasonably beyond the boundaries of the enclosed
location of the assembly;
(F) A parking area inside of the assembly
grounds sufficient to provide parking space for the maximum
number of people to be assembled at the rate of at least one (1)
parking space for every four (4) persons;
(G) Telephones connected to outside lines
sufficient to provide service for the maximum number of people
to be assembled at the rate of at least one (1) separate line
and receiver for each one thousand (1,000) persons;
(H) If the assembly is to continue overnight,
camping facilities in compliance with state rules, regulations
and requirements of the department shall be supplied sufficient
to provide camping accommodations for the maximum number of
people to be assembled;
(J) Security guards, either regularly employed
or off-duty Wyoming peace officers, sufficient to provide
adequate security for the maximum number of people to be
assembled at the rate of at least one (1) security guard for
every seven hundred and fifty (750) people;
(K) Fire protection, including alarms,
extinguishing devices and fire lanes and escapes, sufficient to
meet all state and local standards for the location of the
assembly as determined under the rules and regulations of the
department, and sufficient emergency personnel to efficiently
operate the required equipment;
(L) All reasonably necessary precautions to
insure that the sound of the assembly will not carry
unreasonably beyond the enclosed boundaries of the location of
the assembly;
(M) A bond, filed with the department, either in
cash or underwritten by a surety company licensed to do and
transact business in the state of Wyoming at the rate of one
dollar ($1.00) per person for the maximum number of people
permitted to assemble, which shall indemnify and hold harmless
the state of Wyoming or any of its officers, agents, servants
and employees from any liability or causes of action which might
arise by reason of granting of the license, and from any costs
incurred in the enforcement or cleaning up of any waste material
produced or damage done by reason of the assembly.
35-15-108. Application for license; how made; contents.
(a) Application for a license to hold an actual or
anticipated assembly of five thousand (5,000) or more persons
shall be made in writing to the department at least thirty (30)
days in advance of such assembly.
(b) The application shall contain a statement made upon
oath or affirmation that the statements contained therein are
true and correct to the best knowledge of the applicant and
shall be signed and sworn to or affirmed by the individual
making application in the case of an individual, natural human
being, by all officers in the case of a corporation, by all
partners in the case of a partnership or by all officers of an
unincorporated association, society or group or, if there be no
officers, by all members of such association, society or group.
(c) The application shall contain and disclose:
(i) The name, age, residence and mailing address of
all persons required to sign the application as above provided
and, in the case of a corporation, a certified copy of the
articles of incorporation together with the name, age, residence
and mailing address of each person holding ten percent (10%) or
more of the stock of said corporation;
(ii) The address and legal description of all
property upon which the assembly is to be held together with the
name, residence and mailing address of the record owner(s) of
all such property;
(iii) Proof of ownership of all property upon which
the assembly is to be held or a statement made upon oath or
affirmation by the record owner(s) of all such property that the
applicant has permission to use such property for an assembly of
five thousand (5,000) or more persons;
(iv) The nature or purpose of the assembly;
(v) The total number of days and/or hours during
which the assembly is to last;
(vi) The maximum number of persons which the
applicant shall permit to assemble at any time, not to exceed
the maximum number which can reasonably assemble at the location
of the assembly, in consideration of the nature of the assembly,
or the maximum number of persons allowed to sleep within the
boundaries of the location of the assembly by the zoning
ordinances of the municipality if the assembly is to continue
overnight;
(vii) The maximum number of tickets to be sold, if
any;
(viii) The plans of the applicant to limit the
maximum number of people permitted to assemble;
(ix) The plans for supplying potable water including
the source, amount available and location of outlets;
(x) The plans for providing toilet and lavatory
facilities including the source, number and location, type, and
the means of disposing of waste deposited;
(xi) The plans for holding, collecting and disposing
of solid waste material;
(xii) The plans to provide for medical facilities
including the location and construction of a medical structure,
the names and addresses and hours of availability of physicians
and nurses, and provisions for emergency ambulance service;
(xiii) The plans, if any, to illuminate the location
of the assembly including the source and amount of power and the
location of lamps;
(xiv) The plans for parking vehicles including size
and location of lots, points of highway access and parking lots;
(xv) The plans for telephone service including the
source, number and location of telephones;
(xvi) The plans for camping facilities, if any,
including facilities available and their location;
(xvii) The plans for security including the number of
guards, their deployment and their names, addresses, credentials
and hours of availability;
(xviii) The plans for fire protection including the
number, type and location of all protective devices including
alarms and extinguishers and the number of emergency fire
personnel available to operate the equipment;
(xix) The plans for sound control and sound
amplification, if any, including number, location and power of
amplifiers and speakers;
(xx) The plans for food concessions and concessioners
who will be allowed to operate on the grounds including the
names and addresses of all concessioners and their license or
permit numbers.
(d) The application shall include the bond required
herein, and the license fee.
35-15-109. Application for license; processing; state
agencies to make investigations, reports and recommendations on
request.
The application for a license shall be processed within twenty
(20) days following receipt by the department and shall be
issued if all conditions are complied with. All state
departments, boards, officers and agencies, including but not
exclusive of the state fire marshal, the department of
agriculture, the state department of transportation, the state
labor department, the public service commission, the workmen's
compensation department and the office of the attorney general
shall do all things necessary and requisite, at the request of
the department, to make and undertake investigations and to
render reports and recommendations unto the department in
relation to the conditions necessary for the issuance of the
license.
35-15-110. Revocation of license.
The license may be revoked by the department at any time if any
of the conditions necessary for the issuing of or contained in
the license are not complied with, or if any condition
previously met ceases to be complied with. Any such revocation
may be made by the department without notice or hearing, if the
department determines that an emergency exists and that it is
not practical, in relationship to its obligation to protect the
public health, morals and welfare, to permit the licensee to
proceed to hold the assembly. In any such case, however, the
licensee may, within a period of three (3) days from and after
revocation, apply or petition the department for an
administrative hearing to show cause why the revocation should
not be set aside and the licensee permitted to proceed to hold
the assembly. In any such case, the department shall set any
such application or petition down for hearing, and said matter
shall be heard in the nature of a contested case proceeding
under the provisions of the Wyoming Administrative Procedure
Act.
35-15-111. Assembly held in violation of chapter deemed
public nuisance; injunctive relief.
The holding of an assembly in violation of any provision or
condition contained in this act shall be deemed a public
nuisance and may be abated as such. The attorney general shall
represent the department and shall bring a civil action in the
name of the state of Wyoming in the district court of the county
where the violation occurred or the threat with respect to
holding the assembly exists or in the United States district
court for the district of Wyoming if it otherwise has
jurisdiction to obtain a court restraining order or injunction
against the holding of the assembly. Any suit filed by the
department shall be advanced for trial and heard and determined
as expeditiously as feasible by the court. If the court should
grant injunctive relief and thereafter find the person in
contempt of the court's order, the court may invoke the bond
filed by the person with the department in payment of any fine
or forfeiture imposed in a contempt proceeding.
35-15-112. Penalty.
Any person who willfully and knowingly violates any provision or
condition of this act or any condition upon which he is granted
a license shall, upon conviction, be fined not more than ten
thousand dollars ($10,000.00) or imprisoned in the penitentiary
not more than one (1) year or both. Each day that a violation
shall continue following demand from the department to cease and
desist shall constitute a separate offense.
CHAPTER 16 - PURCHASE OF EXPLOSIVE MATERIALS
35-16-101. Definitions.
(a) As used in this act unless the context otherwise
requires:
(i) "Explosive materials" means explosives, blasting
agents, and detonators as defined by section 181.11 of title 26,
Code of Federal Regulations;
(ii) "Nonlicensee or nonpermittee" means any
individual, corporation, company, association, firm,
partnership, society, or joint stock company who is not required
to be licensed or obtain a permit under title XI, Regulation of
Explosives, of the federal Organized Crime Control Act of 1970
(Public Law 91-452).
35-16-102. Purchase of explosive materials from contiguous
state permitted; transportation, shipment or receipt.
Any nonlicensee or nonpermittee who is a resident of the state
of Wyoming and who uses explosive materials in the conduct of
business may lawfully purchase explosive materials from a
licensee of a state contiguous to the state of Wyoming and may
transport, ship, or receive any such explosive materials if all
requirements of section 181.26 of title 26 of the Code of
Federal Regulations are met.
CHAPTER 17 - PROFESSIONAL STANDARD REVIEW ORGANIZATIONS
35-17-101. Definition.
(a) As used in this act:
(i) "Professional standard review organizations"
means:
(A) Any medical, dental, optometric, nursing,
osteopathic, emergency medical or pharmacy organization or a
local, county, or state medical, dental, optometric, nursing,
osteopathic and pharmacy society and any such society itself
when such organization or society is performing any medical,
dental, nursing, optometric, osteopathic, emergency medical and
pharmacy review function or involving any controversy or dispute
between a physician, dentist, optometrist, nurse, osteopath,
emergency medical technician and pharmacist and a patient
concerning the diagnosis, treatment, or care of such patient or
the fees or charges therefor, or a physician, dentist,
optometrist, nurse, osteopath, emergency medical technician or
pharmacist and a provider of medical, dental, optometric,
nursing, osteopathic, emergency medical and pharmacy benefits
concerning any medical, dental, nursing, optometric,
osteopathic, emergency medical, pharmacy or other health charges
or fees of such physician, dentist, optometrist, nurse,
osteopath, emergency medical technician or pharmacist;
(B) A committee of a medical staff in a hospital
having the responsibility of evaluation and improvement of the
quality of care rendered in the hospital;
(C) A committee functioning to review, pursuant
to federal or state laws, the operation of hospital or extensive
care facilities; or
(D) A committee having the responsibility of
evaluation and improvement of the quality of care rendered in a
long-term care facility.
35-17-102. Authority to establish professional standard
review organizations.
Any local, county or state medical, dental, nursing, optometric,
osteopathic, emergency medical or pharmacy society in Wyoming is
hereby authorized to establish a professional standard review
organization as defined in W.S. 35-17-101.
35-17-103. Exemption from liability; exception.
Any professional standard review organization or a society or
person rendering services as a member of a professional standard
review organization functioning pursuant to this act is not
liable either independently or jointly for any civil damages as
a result of acts or omissions in his capacity as a member of any
such organization or society. Such persons or organizations or
societies are not immune from liability for intentional or
malicious acts or omissions resulting in harm or any grossly
negligent acts or omissions resulting in harm.
35-17-104. Exemption from liability for witnesses.
(a) Notwithstanding any other provision of law, no person
providing information to any professional standard review
organization shall be held, by reason of having provided such
information, to have violated any criminal law, or to be civilly
liable under any law unless:
(i) The information is unrelated to the performance
of the duties and functions of the professional standard review
organization; or
(ii) The information is false and the person
providing the information knew or had reason to know that the
information was false.
35-17-105. Information of review organizations to be
confidential and privileged.
All reports, findings, proceedings and data of the professional
standard review organizations is confidential and privileged,
and is not subject to discovery or introduction into evidence in
any civil action, and no person who is in attendance at a
meeting of the organization shall be permitted or required to
testify in any civil action as to any evidence or other matters
produced or presented during the proceedings of the organization
or as to any findings, recommendations, evaluations, opinions or
other actions of the organization or any members thereof.
However, information, documents or other records otherwise
available from original sources are not to be construed as
immune from discovery or use in any civil action merely because
they were presented during proceedings of the organization, nor
should any person who testifies before the organization or who
is a member of the organization be prevented from testifying as
to matters within his knowledge, but that witness cannot be
asked about his testimony before the organization or opinions
formed by him as a result of proceedings of the organization.
35-17-106. Election to be covered by federal immunity.
(a) The state of Wyoming elects to be immediately covered
by the immunity granted by the Health Care Quality Improvement
Act of 1986, P.L. 99-660, Title IV adopted by Congress in 1986,
to the extent authorized, as of the effective date of this
section for all health care professional review bodies as
defined in the act, for the applicable division of the
department of health in its duties under W.S. 33-36-101 through
33-36-115 related to emergency medical services and for:
(i) The board of dental examiners, W.S. 33-15-101
through 33-15-131;
(ii) The state board of nursing, W.S. 33-21-120
through 33-21-156;
(iii) The state board of examiners in optometry, W.S.
33-23-101 through 33-23-116;
(iv) The state board of pharmacy, W.S. 33-24-101
through 33-24-151;
(v) The state board of medicine, W.S. 33-26-201
through 33-26-203;
(vi) The board of registration in podiatry, W.S.
33-9-101 through 33-9-113;
(vii) The board of chiropractic examiners, W.S.
33-10-101 through 33-10-117; and
(viii) The Wyoming workers' compensation medical
commission and any health care provider providing peer reviews
or independent medical evaluations, reviews or opinions, W.S.
27-14-101 through 27-14-902.
(b) Boards named in subsection (a) of this section shall
comply with the physician reporting requirements as set forth in
P.L. 99-660, Title IV.
CHAPTER 18 - MOBILE HOME WARRANTIES
35-18-101. Short title.
This act shall be known and may be cited as the "Mobile Home
Warranty Act of 1975".
35-18-102. Definitions.
(a) As used in this act:
(i) "Defect" means any insufficiency in the
performance, construction, components or material of a mobile
home that renders the home or any of its parts not fit for the
ordinary use for which it was intended or for human habitation;
(ii) "Defect which constitutes an imminent safety
hazard" means any defect which presents an imminent and
unreasonable risk of death or severe personal injury under the
National Mobile Home Construction and Safety Standards Act of
1974 and standards and regulations promulgated pursuant thereto;
(iii) "Delivery date" means the date on which a
mobile home is physically delivered to the site chosen by the
mobile home owner;
(iv) "Mobile home" means a transportable structure
which exceeds either eight (8) body feet in width or thirty-two
(32) body feet in length, built on a chassis and designed to be
used with or without a permanent foundation, when connected to
required utilities, for human occupancy as a residence, or as a
temporary or permanent office. The term may include one (1) or
more components which can be retracted for towing and
subsequently expanded for additional capacity, or two (2) or
more units separately towable but designed to be joined into one
(1) single unit, as well as a transportable structure designed
as a single unit. For purposes of this act only, the term
includes the plumbing, heating and electrical systems and all
appliances, equipment, furniture and other personal property
contained in or affixed to a mobile home on the delivery date;
(v) "Mobile home dealer" or "dealer" means a person
who, for anything of value, sells, exchanges, buys or rents, or
attempts to negotiate a sale or exchange of an interest in
mobile homes, or who is engaged wholly or in part in the
business of selling mobile homes, whether or not the mobile
homes are owned by him, excluding:
(A) A receiver, trustee, administrator,
executor, guardian or other person appointed by or acting under
the judgment or order of any court;
(B) Any public officer while performing his
official duty;
(C) Any employee of a person enumerated in
subparagraph (A) or (B) of this paragraph;
(D) Any finance agency as defined in W.S.
34.1-2-104; and
(E) A person transferring a mobile home
registered in his own name and used for his personal, family or
household purposes, if the transfer is an occasional sale and is
not part of the business of the transferor.
(vi) "Mobile home manufacturer" or "manufacturer"
means any person in or out of this state who manufactures or
assembles mobile homes for sale in this state;
(vii) "Mobile home owner" or "owner" means any person
who purchases or leases a mobile home primarily for personal,
family or household purposes, or for business purposes;
(viii) "Mobile home salesperson" or "salesperson"
means any person who is employed by a mobile home manufacturer
or dealer to sell or lease mobile homes;
(ix) "New mobile home" means a mobile home which has
never been occupied, used or sold for personal or business use;
(x) "Gives notice" means as defined in W.S.
34.1-1-201(a)(xxvi);
(xi) "Notification" means as defined in W.S.
34.1-1-201(a)(xxvii);
(xii) "Person" means as defined in W.S.
34.1-1-201(a)(xxx);
(xiii) "Used mobile home" means a mobile home which
has previously been occupied, used or sold for personal or
business use;
(xiv) "This act" means W.S. 35-18-101 through
35-18-110.
35-18-103. Written warranty; contents.
(a) A written warranty is required for every new mobile
home sold or leased by a mobile home manufacturer, dealer or
salesperson in this state, and for every new mobile home sold by
any person who induces a resident of this state to enter into
the transaction by personal solicitation in this state or by
mail or telephone solicitation directed to the particular
customer in this state. The mobile home warranty from the
manufacturer or dealer to the buyer shall be set forth in a
separate written document entitled "mobile home warranty", shall
be delivered to the buyer by the dealer or manufacturer before
the time the contract of sale is signed, and shall contain, but
is not limited to, the following terms:
(i) The mobile home meets federal mobile home
construction and safety standards and those standards prescribed
by law or administrative rule, if any, of the mobile homes
council, which are in effect at the time of its manufacture;
(ii) The mobile home is free from defects if it
receives reasonable care and maintenance;
(iii) The mobile home manufacturer or dealer shall
take corrective action for defects for which the mobile home
owner has given notice to the manufacturer or dealer not later
than one (1) year after the delivery date. The mobile home
manufacturer or dealer shall make the appropriate adjustments
and repairs, within sixty (60) days after notification of the
defect, at the site of the mobile home without charge to the
mobile home owner, provided, however, that neither manufacturer
nor dealer shall be liable for any defect in the mobile home
which is the result of improper setup, move, materials furnished
or work done by persons other than manufacturer or dealer unless
the work was performed by persons under contract or connected by
agency with the manufacturer or dealer;
(iv) The mobile home manufacturer or dealer shall
take corrective action for any defect which constitutes an
imminent safety hazard under applicable federal mobile home
construction and safety standards for which the mobile home
owner has given notice to the manufacturer or dealer. The mobile
home manufacturer or dealer shall bring the mobile home into
compliance with applicable standards and correct the defect or
have the defect corrected within a reasonable period of time at
the site of the mobile home without charge to the owner, but
only if:
(A) The defect presents an unreasonable risk of
injury or death to occupants of the affected mobile home; or
(B) The defect is related to an error in design
or assembly of the mobile home by the manufacturer.
(v) If a repair, replacement, substitution or
alteration is made under the warranty and it is discovered,
before or after the expiration of the warranty period, that the
repair, replacement, substitution or alteration has not restored
the mobile home to the condition in which it was warranted
except for reasonable wear and tear, such failure shall be
deemed a violation of the warranty and the mobile home shall be
restored to the condition in which it was warranted to be at the
time of the sale except for reasonable wear and tear, at no cost
to the purchaser or his assignees, notwithstanding that the
additional repair may occur after the expiration of the warranty
period;
(vi) The manufacturer and dealer shall be jointly and
severally liable to the buyer for the fulfillment of the terms
of warranty, and the buyer may give notice to either one (1) or
both of the defect. Notice to either the manufacturer or dealer
shall be considered notice to both the manufacturer and dealer.
The address and the phone number of where to mail or deliver
written notices for both the manufacturer and dealer shall be
set forth in the warranty; and
(vii) If during any period of time after notification
of a defect the mobile home is unhabitable because of the
defect, that period of time shall not be considered part of the
one (1) year warranty period.
(b) Any transfer of a mobile home from one (1) owner or
lessee to another during the effective period of the warranty
does not terminate the warranty, and subsequent owners or
lessees shall be entitled to the full protection of the warranty
for the duration of the warranty period as if the original owner
or lessee had not transferred the mobile home.
35-18-104. Implied warranty; indemnity.
Whether or not the written warranty required in W.S. 35-18-103
is delivered to the buyer, there exists an implied warranty to
the same extent and in the same circumstances as the written
warranty therein provided for, which is binding upon both the
dealer and manufacturer. If the dealer makes the adjustments
required under W.S. 35-18-103(a)(iii), (iv)(A) and (B) and (v)
the manufacturer shall fully reimburse the dealer for all such
adjustments except those to correct defects willfully caused by
the dealer.
35-18-105. Cumulative remedies; proscription against
waiver.
Remedies of a mobile home buyer or other person under the
warranty provided in W.S. 35-18-103 and 35-18-104 are those
otherwise provided by law. The warranty under W.S. 35-18-103 and
35-18-104 is in addition to and not in derogation of all other
rights and privileges which a mobile home buyer or other person
may have under any other law or instrument. The contractual
waiver of any remedies under any law and the waiver, exclusion,
modification or limitation of any warranty, express or implied,
including the implied warranty of merchantability and fitness
for a particular purpose, is expressly prohibited, is contrary
to public policy and is unenforceable and void unless permitted
by this act.
35-18-106. Sale or lease of used mobile homes; inspection;
responsibility for repair.
(a) In the sale or lease of any used mobile home by a
mobile home dealer, the sales invoice or lease agreement shall
contain the point of manufacture of the used mobile home, the
name of the manufacturer and the name and address of the
previous owner.
(b) No sale or lease of a used mobile home by a mobile
home dealer on an "as is" or "with all faults" basis shall be
effective to exclude or modify an implied warranty of
merchantability or an implied warranty of fitness, unless the
mobile home buyer or lessee signs a separate writing made by the
dealer listing specifically all substantial defects which are to
be exempt from warranty, or unless the defects would not have
been discovered by a reasonable inspection by the dealer or
lessor before consummation of the sale or lease.
(c) Directly above the customer's signature the following
notice shall be printed all in capital letters:
"THIS IS A LIST OF DEFECTS TO BE EXEMPT FROM WARRANTY IN THIS
MOBILE HOME. IF YOU SIGN THIS WRITING, YOU AGREE THAT THE DEALER
IS NOT RESPONSIBLE FOR REPAIRING THESE DEFECTS."
35-18-107. Lessee's rights.
Action by a lessee to enforce his rights under this act shall
not be grounds for termination of the rental agreement.
35-18-108. Injunctive relief.
The county attorney of any county or the attorney general or the
mobile homes council may obtain injunctive relief from any court
of competent jurisdiction to enjoin the offering for sale,
delivery or installation of mobile homes for which written
warranties are required under this act, upon an affidavit of the
county attorney or attorney general, or the mobile homes council
specifying instances of noncompliance with the requirements of
this act which illustrate a persistent course of conduct in
violation of this act.
35-18-109. Penalties.
(a) Any person who knowingly or willfully violates any
provision of this act may be fined not more than one thousand
dollars ($1,000.00), and each violation shall be considered a
separate offense.
(b) Any person who knowingly and willfully violates this
act in a manner which threatens the health or safety of any
purchaser shall be guilty of an aggravated offense and may
additionally be fined not more than one thousand dollars
($1,000.00) or imprisoned not more than one (1) year, or both,
and each violation is a separate offense.
(c) Any person recovering a judgment based on an act or
omission by the manufacturer, dealer or salesperson, which
constituted a violation of this act, shall be entitled to
recover reasonable attorney's fees in addition to other
recoverable costs. Such fees and costs shall be credited to any
fine under subsections (a) and (b) of this section.
35-18-110. Jurisdiction and venue over nonresident
manufacturers and dealers.
(a) A court of this state shall exercise jurisdiction over
nonresident mobile home manufacturers and dealers on the basis
of their conduct of business within this state, whether or not
the importation or sale is accomplished directly or indirectly
through agents, dealers, representatives or transferees.
(b) No mobile home shall be imported into this state
unless the manufacturer, dealer and their agents, distributors
and transferees undertake to provide the warranty required by
this act for the benefit of the purchaser.
(c) Each importation of a mobile home for sale in this
state by a nonresident manufacturer or dealer is an irrevocable
appointment by the manufacturer or dealer or the secretary of
state to be his lawful attorney upon whom may be served all
legal processes in any action or proceeding against the
manufacturer or dealer arising out of the importation of the
mobile home into this state.
(d) The secretary of state upon whom processes and notices
may be served under this section shall, upon being served with
process or notice, mail a copy by registered mail to the
nonresident manufacturer or dealer at the nonresident address
given in the papers served. The original shall be returned with
proper certificate of service attached for filing in court as
proof of service. The service fee shall be two dollars and fifty
cents ($2.50) for each defendant served. The secretary of state
shall keep a record of all such processes and notices, which
record shall show the day and hour of service.
CHAPTER 19 - DETERMINATION OF DEATH
35-19-101. Determination of death.
An individual who has sustained either irreversible cessation of
circulatory and respiratory functions, or irreversible cessation
of all functions of the entire brain including the brain stem,
is dead. A determination of death shall be made in accordance
with accepted medical standards.
35-19-102. Uniformity of construction and application.
The Uniform Determination of Death Act shall be applied and
construed to effectuate its general purpose to make uniform the
law with respect to the subject of the act among states enacting
it.
35-19-103. Short title.
This act, W.S. 35-19-101 through 35-19-103, may be cited as the
"Uniform Determination of Death Act."
CHAPTER 20 - ADULT PROTECTIVE SERVICES
35-20-101. Short title.
This act may be cited as the "Adult Protective Services Act".
35-20-102. Definitions.
(a) As used in this act:
(i) "Abandonment" means leaving a vulnerable adult
without financial support or the means or ability to obtain
food, clothing, shelter or health care;
(ii) "Abuse" means the intentional or reckless
infliction, by the vulnerable adult's caregiver, person of trust
or authority, professional, family member or other individual
of:
(A) Injury;
(B) Unreasonable confinement which threatens the
welfare and well being of a vulnerable adult;
(C) Cruel punishment with resulting physical or
emotional harm or pain to a vulnerable adult;
(D) Photographing vulnerable adults in violation
of W.S. 6-4-304(b);
(E) Sexual abuse;
(F) Intimidation; or
(G) Exploitation.
(iii) "Administrator" means the director of the
department of family services or his designee;
(iv) "Caregiver" means any person or in-home service
provider responsible for the care of a vulnerable adult because
of:
(A) A family relationship;
(B) Voluntary assumption of responsibility for
care;
(C) Court ordered responsibility or placement;
(D) Rendering services in an adult workshop or
adult residential program;
(E) Rendering services in an institution or in a
community-based program; or
(F) Acceptance of a legal obligation or
responsibility to the vulnerable adult through a power of
attorney, advance health care directive or other legal
designation.
(v) "Court" means the district court in the district
where the vulnerable adult resides or is found;
(vi) Repealed By Laws 2002, Sp. Sess., Ch. 86, § 3.
(vii) "Department" means the state department of
family services or its designee;
(viii) "Emergency services" means those services that
may be provided to assist vulnerable adults to prevent or
terminate abuse, neglect, exploitation, intimidation or
abandonment until the emergency has been resolved;
(ix) "Exploitation" means the reckless or intentional
act taken by any person, or any use of the power of attorney,
conservatorship or guardianship of a vulnerable adult, to:
(A) Obtain control through deception,
harassment, intimidation or undue influence over the vulnerable
adult's money, assets or property with the intention of
permanently or temporarily depriving the vulnerable adult of the
ownership, use, benefit or possession of his money, assets or
property;
(B) In the absence of legal authority:
(I) Employ the services of a third party
for the profit or advantage of the person or another person to
the detriment of a vulnerable adult;
(II) Force, compel, coerce or entice a
vulnerable adult to perform services for the profit or advantage
of another against the will of the vulnerable adult.
(C) Intentionally misuse the principal's
property and, in so doing, adversely affect the principal's
ability to receive health care or pay bills for basic needs or
obligations; or
(D) Abuse the fiduciary duty under a power of
attorney, conservatorship or guardianship.
(x) Repealed By Laws 2002, Sp. Sess, Ch. 86, § 3.
(xi) "Neglect" means the deprivation of, or failure
to provide, the minimum food, shelter, clothing, supervision,
physical and mental health care, other care and prescribed
medication as necessary to maintain a vulnerable adult's life or
health, or which may result in a life-threatening situation. The
withholding of health care from a vulnerable adult is not
neglect if:
(A) Treatment is given in good faith by
spiritual means alone, through prayer, by a duly accredited
practitioner in accordance with the tenets and practices of a
recognized church or religious denomination;
(B) The withholding of health care is in
accordance with a declaration executed pursuant to W.S.
35-22-401 through 35-22-416; or
(C) Care is provided by a hospice licensed in
accordance with and pursuant to W.S. 35-2-901 through 35-2-910.
(xii) "Protective services" means those emergency
services that are provided in a coordinated effort facilitated
by the department within communities to assist vulnerable adults
to prevent or terminate abuse, neglect, exploitation,
intimidation or abandonment until the vulnerable adult no longer
needs those services. These services may include social
casework, case management, emergency, short term in-home
services such as homemaker, personal care or chore services, day
care, social services, psychiatric or health evaluations and
other emergency services consistent with this act;
(xiii) Repealed By Laws 2002, Sp. Sess., Ch. 86, § 3.
(xiv) "Capacity to consent" means the ability to
understand and appreciate the nature and consequences of making
decisions concerning one's person, including, provisions for
health or mental health care, food, shelter, clothing, safety or
financial affairs. This determination may be based on assessment
or investigative findings, observation or medical or mental
health evaluations;
(xv) "Injury" means any harm, including
disfigurement, impairment of any bodily organ, skin bruising,
laceration, bleeding, burn, fracture or dislocation of any bone,
subdural hematoma, malnutrition, dehydration or pressure sores;
(xvi) "Mental disability" means a condition causing
mental dysfunction resulting in an inability to manage
resources, carry out the activities of daily living or protect
oneself from neglect, abuse, exploitation or hazardous
situations without assistance from others. Whether or not a
mental dysfunction of such degree exists is subject to an
evaluation by a licensed psychologist, psychiatrist or other
qualified licensed mental health professional or licensed
physician, if disputed;
(xvii) "Self neglect" means when a vulnerable adult
is unable, due to physical or mental disability, or refuses to
perform essential self-care tasks, including providing essential
food, clothing, shelter or medical care, obtaining goods and
services necessary to maintain physical health, mental health,
emotional well-being and general safety, or managing financial
affairs;
(xviii) "Vulnerable adult" means any person eighteen
(18) years of age or older who is unable to manage and take care
of himself or his money, assets or property without assistance
as a result of advanced age or physical or mental disability;
(xix) "Substantiated report" means any report of
abandonment, abuse, exploitation, intimidation or neglect
pursuant to this act that is determined upon investigation to
establish by a preponderance of the evidence the alleged
abandonment, abuse, exploitation, intimidation or neglect;
(xx) "Intimidation" means the communication by word
or act to a vulnerable adult that he, his family, friends or
pets will be deprived of food, shelter, clothing, supervision,
prescribed medication, physical or mental health care and other
medical care necessary to maintain a vulnerable adult's health,
financial support or will suffer physical violence;
(xxi) "Advanced age" means a person who is sixty (60)
years of age or older;
(xxii) "Sexual abuse" means sexual contact including,
but not limited to, unwanted touching, all types of sexual
assault or battery as defined in W.S. 6-2-302 through 6-2-304,
sexual exploitation and sexual photographing;
(xxiii) "This act" means W.S. 35-20-101 through
35-20-116.
35-20-103. Reports of abuse, neglect, exploitation,
intimidation or abandonment of vulnerable adult; reports
maintained in central registry.
(a) Any person or agency who knows or has reasonable cause
to believe that a vulnerable adult is being or has been abused,
neglected, exploited, intimidated or abandoned or is committing
self neglect shall report the information immediately to a law
enforcement agency or the department. Anyone who in good faith
makes a report pursuant to this section is immune from civil
liability for making the report.
(b) The report may be made orally or in writing. The
report shall provide to law enforcement or the department the
following, to the extent available:
(i) The name, age and address of the vulnerable
adult;
(ii) The name and address of any person responsible
for the vulnerable adult's care;
(iii) The nature and extent of the vulnerable adult's
condition;
(iv) The basis of the reporter's knowledge;
(v) The names and conditions of the other residents,
if the vulnerable adult resides in a facility with other
vulnerable adults;
(vi) An evaluation of the persons responsible for the
care of the residents, if the vulnerable adult resides in a
facility with other vulnerable adults;
(vii) The adequacy of the facility environment;
(viii) Any evidence of previous injuries;
(ix) Any collaborative information; and
(x) Any other relevant information.
(c) After receipt of a report that a vulnerable adult is
suspected of being or has been abused, neglected, exploited,
intimidated or abandoned or is committing self neglect, the
department shall notify law enforcement and may request
assistance from appropriate health or mental health agencies.
(d) If law enforcement receives a report that a vulnerable
adult is suspected of being or has been abused, neglected,
exploited, intimidated or abandoned, or is committing self
neglect, law enforcement shall notify the department concerning
the potential need of the vulnerable adult for protective
services.
(e) Any report or notification to the department that a
vulnerable adult is, or is suspected of being, abused,
neglected, exploited, intimidated or abandoned, or is committing
self neglect, shall be investigated, a determination shall be
made whether protective services are necessary and, whether an
individual instruction exists under W.S. 35-22-401 through
35-22-416. If determined necessary, protective services shall be
furnished by the department within three (3) days from the time
the report or notice is received by the department. The
investigation may include a visit to the facility in which the
vulnerable adult resides and an interview with the vulnerable
adult.
(f) Each substantiated report of abuse, neglect,
exploitation, intimidation or abandonment of a vulnerable adult
pursuant to this act shall be entered and maintained within the
central registry of vulnerable adult protection cases under W.S.
35-20-115.
35-20-104. Department to coordinate services; rules and
regulations.
(a) The department shall:
(i) Coordinate a protective services program
consistent with this act, with the goal of ensuring that every
vulnerable adult in need of protective services will have access
to protective services;
(ii) Adopt rules, regulations and standards for
services provided by the department necessary to effect the
provisions and purposes of this act;
(iii) Develop and maintain statistical data which set
forth referrals by type of incidence and disposition pursuant to
this act but which do not contain personally identifiable
information;
(iv) Provide appropriate training to all
investigative agency personnel;
(v) Assign designated workers for adult protective
services within the department to carry out the activities of
this chapter;
(vi) Develop, facilitate and participate in local
multidisciplinary community-based adult protection teams that
discuss adult protection issues.
35-20-105. Protective services; no services without
consent; responsibility for costs.
(a) The department may furnish protective services in
response to a request for assistance from the vulnerable adult,
his caregiver, conservator, guardian, guardian ad litem or
agent, or a family member. The department shall not serve as a
caregiver.
(b) Except under conditions provided for in W.S. 35-20-106
no vulnerable adult shall be required to accept protective
services without his consent or, if he lacks the capacity to
consent, the consent of his caregiver, conservator, guardian,
guardian ad litem or agent, or a family member.
(c) Costs incurred to furnish protective services,
including but not limited to fees for the services of a guardian
ad litem, guardian or conservator, may be paid by the department
unless:
(i) The vulnerable adult is eligible for protective
services from another governmental agency or any other source,
taking into consideration any personal assets or financial
resources and services that can be provided under Medicaid or
any other available indigency program for which the vulnerable
adult may qualify; or
(ii) A court appoints a guardian ad litem, guardian
or conservator and orders that the costs be paid from the
vulnerable adult's estate.
35-20-106. Petition by department when caregiver refuses
to allow services; injunction.
(a) When a vulnerable adult needs protective services and
the caregiver refuses to allow the provision of those services,
the department, through the attorney general or the district
attorney, may petition the court for an order enjoining the
caregiver from interfering with the provision of protective
services.
(b) The petition shall allege facts sufficient to show
that the vulnerable adult needs protective services, that he
consents or lacks the capacity to consent to receive the
services and that the caregiver refuses to allow the protective
services.
(c) If the court finds the allegations of the petition to
be true by a preponderance of the evidence, it may:
(i) Enjoin the caregiver from interfering with the
provision of protective services; and
(ii) Order the department to assist in facilitating
the coordination of community resources, including service
providers, churches and individuals or agencies to provide
protective services to the extent those protective services are
available.
35-20-107. Emergency services.
(a) If an emergency exists and the department has
reasonable cause to believe that a vulnerable adult is suffering
from abuse, neglect, self neglect, exploitation, intimidation or
abandonment and lacks the capacity to consent to the provision
of protective services, the department, through the attorney
general or the district attorney, may petition the court for an
order for emergency protective services.
(b) The court shall give notice to the vulnerable adult
who is the subject of the petition at least twenty-four (24)
hours prior to the hearing. The court may dispense with notice
if it finds that immediate or reasonably foreseeable physical
harm to the vulnerable adult will result from the twenty-four
(24) hour delay and that reasonable attempts have been made to
give notice.
(c) The allegations of the petition shall be proved by a
preponderance of the evidence. If the court finds that the
vulnerable adult has been or is being abused, neglected,
exploited, intimidated or abandoned, or is committing self
neglect, that an emergency exists and that the vulnerable adult
lacks the capacity to consent to the provision of services, the
court may order the department to provide protective services on
an emergency basis. The court shall order only those services
necessary to remove the conditions creating the emergency and
shall specifically designate the authorized services. The order
for emergency protective services shall remain in effect for a
period not to exceed fourteen (14) days. The order may be
extended for up to an additional thirty (30) day period if the
court finds that the extension is necessary to remove the
emergency. The vulnerable adult, his agent, his court appointed
representative or the department, through the attorney general
or the district attorney, may petition the court to set aside or
modify the order at any time.
(d) The vulnerable adult may be placed by the court in a
hospital or other suitable facility which is appropriate under
the circumstances. The person, hospital or facility in whose
care the vulnerable adult is placed shall immediately notify the
person responsible for the care and custody of the vulnerable
adult, if known, of the placement. Notification shall not be
required if the alleged perpetrator is the person responsible
for the care and custody of the vulnerable adult unless the
court orders the notification.
35-20-108. Records confidential; exception.
Except as provided under W.S. 35-20-116, records of the
department or other agency or the court pertaining to a
vulnerable adult receiving protective services under this act
are not open to public inspection. Information contained in
those records shall not be disclosed to the public in any manner
that will identify any individual. The records may be made
available for inspection only upon application to the court
pursuant to W.S. 35-20-112 for good cause shown.
35-20-109. Repealed By Laws 2002, Ch. 86, § 3.
35-20-110. When access to vulnerable adult denied;
injunction.
If access to the vulnerable adult is denied to law enforcement
or the department seeking to investigate a report of abuse,
neglect, exploitation, intimidation, abandonment or self neglect
of a vulnerable adult, the investigator may seek an injunction
to prevent interference with the investigation. The court may
issue the injunction if it finds that the person whose duty it
is to investigate the report is acting within the scope of his
duty and has been unreasonably denied access to the vulnerable
adult.
35-20-111. Duty to report.
(a) The duty to report imposed by W.S. 35-20-103 applies
without exception to a person or agency who knows, or has
sufficient knowledge which a prudent and cautious man in similar
circumstances would have to believe, that a vulnerable adult has
been or is being abused, neglected, exploited, intimidated or
abandoned, or is committing self neglect.
(b) Any person or agency who knows or has sufficient
knowledge which a prudent and cautious man in similar
circumstances would have to believe that a vulnerable adult is
being or has been abused, neglected, exploited, intimidated or
abandoned, or is committing self neglect, and knowingly fails to
report in accordance with this act is guilty of a misdemeanor
punishable by imprisonment for not more than one (1) year, a
fine of not more than one thousand dollars ($1,000.00), or both.
35-20-112. Confidentiality of records; penalties; access
to information.
(a) All records concerning reports and investigations of
vulnerable adult abuse, neglect, exploitation, intimidation,
abandonment or self neglect are confidential except as provided
by W.S. 35-20-116 and except that the record shall be available
to the vulnerable adult who is the subject of the record, his
legal guardian, an agent under an advance healthcare directive
as provided in W.S. 35-22-403, a healthcare surrogate as
provided in W.S. 35-22-406, the personal representative of a
deceased vulnerable adult or a decedent's wrongful death
representative appointed to bring an action for the benefit of
the vulnerable adult's beneficiaries. Names of other vulnerable
adults shall be redacted from the records prior to disclosure
pursuant to this subsection. Records shall not be disclosed,
however, to any person named as a perpetrator of abuse, neglect,
exploitation, intimidation or abandonment of a vulnerable adult.
Any person who intentionally violates this subsection is guilty
of a misdemeanor punishable by imprisonment for not more than
six (6) months, a fine of not more than seven hundred fifty
dollars ($750.00), or both.
(b) The following records are confidential and not subject
to disclosure under W.S. 16-4-201 through 16-4-205:
(i) A report of abuse, neglect, exploitation,
intimidation, abandonment or self neglect under this act;
(ii) The identity of the person making the report;
and
(iii) Except as provided by this section, all files,
reports, records, communications, and working papers used or
developed in an investigation made under this act or in
providing services as a result of an investigation.
(c) Upon application made in the manner and form
prescribed by the department, the department may give access to
records otherwise confidential under this section to any of the
following persons or agencies for purposes directly related with
the administration of this act:
(i) A local adult protective agency;
(ii) A law enforcement agency, guardian ad litem,
conservator, guardian, adult protection team or attorney
representing the vulnerable adult who is the subject of the
report;
(iii) A physician or surgeon who is treating a
vulnerable adult; and
(iv) Court personnel who are investigating reported
incidents of adult abuse, neglect, exploitation, intimidation or
abandonment.
(d) Motions for access to records concerning vulnerable
adult abuse, neglect, exploitation, intimidation, abandonment or
self neglect held by the state agency or local protective agency
shall be made with the district court in the county where the
vulnerable adult resides. A court may order disclosure of
confidential records only if:
(i) A motion is filed with the court requesting:
(A) Release of the records; and
(B) A hearing on the request for release of the
records; or
(C) All interested parties stipulate to the
release.
(ii) The motion for hearing is served on the
department or investigating state agency and each interested
party; and
(iii) The court determines after the hearing and an
in-camera review of the records that disclosure is necessary for
the determination of all issues, in which case disclosure shall
be limited to an in-camera inspection, or specifically limited
disclosure, unless the court finds public disclosure is
necessary.
(e) The department or investigating state agency may
establish procedures to exchange with another state agency or
governmental entity records that are necessary for the
department, state agency or entity to properly execute its
respective duties and responsibilities to provide services to
vulnerable adults under this act or other law. An exchange of
records under this subsection does not affect whether the
records are subject to disclosure under W.S. 16-4-201 through
16-4-205.
(f) A physician or person in charge of an institution,
school, facility or agency making a report under W.S. 35-20-111
shall receive, upon written application to the state agency, a
written summary of the records concerning the subject of the
report.
(g) Any person, agency or institution given access to
records concerning the subject of the report under W.S.
35-20-111 shall not divulge or make public any records except as
required for court proceedings.
(h) Confidential records may be disclosed only for a
purpose consistent with this act and as provided by department
or investigating state agency rules and regulations and
applicable federal law.
35-20-113. False report; penalty.
A person commits a misdemeanor punishable by imprisonment for
not more than one (1) year, a fine of not more than one thousand
dollars ($1,000.00), or both, if he reports information pursuant
to this act and knows or has reason to know the information is
false or lacks factual foundation.
35-20-114. Immunity.
(a) A person or agency filing a report under this act or
testifying or otherwise participating in any judicial proceeding
arising from a petition, report, or investigation is immune from
civil or criminal liability on account of the person's petition,
report, testimony or participation, unless the person knowingly
or negligently reports information that is false or lacks
factual foundation. The immunity provided under this subsection
applies only to those persons whose professional communications
are generally confidential or subject to the Wyoming Public
Records Act, W.S. 16-4-201 et seq. including:
(i) Attorneys;
(ii) Members of the clergy;
(iii) Medical practitioners;
(iv) Social workers;
(v) Mental health professionals;
(vi) Nursing home staff; assisted living facility
staff; adult day care center staff; adult family-care home
staff; social worker, or other professional adult care,
residential or institutional staff;
(vii) State, county or municipal criminal justice
employees or law enforcement officers; and
(viii) Bank, savings and loan or credit union
officers, trustees or employees.
(b) A person or agency, including an authorized department
volunteer, medical personnel or law enforcement officer who, at
the request of the department, participates in an investigation
required by this act or in an action that results from that
investigation is immune from civil or criminal liability for any
act or omission relating to that participation if the person
acted in good faith and, if applicable, within the course or
scope of the person’s assigned responsibilities or duties.
35-20-115. Central registry of adult protection cases;
establishment; operation; amendment, expungement or removal of
records; classification and expungement of reports; statement of
person accused.
(a) The department shall establish and maintain a record
of all adult protection reports and a central registry of under
investigation and substantiated adult protection cases under
this act.
(b) Through the recording of reports, the department's
recordkeeping system shall be operated to assist the department
to:
(i) Immediately identify and locate prior reports of
cases of abuse, neglect, exploitation, intimidation or
abandonment of a vulnerable adult to assist in the diagnosis of
suspicious circumstances and the assessment of the needs of the
vulnerable adult and his caregiver;
(ii) Continuously monitor the current status of all
pending adult protection cases;
(iii) Evaluate the effectiveness of existing laws and
programs through the development and analysis of statistical and
other information; and
(iv) Maintain a central registry of "under
investigation" reports and "substantiated" reports of abuse or
neglect of vulnerable adults for provision of information to
qualifying applicants pursuant to W.S. 35-20-116. Within six
(6) months of being placed in the central registry, all reports
classified as "under investigation" shall be reclassified as
"substantiated" or expunged from the central registry, unless
the state agency is notified of an open criminal investigation
or criminal prosecution. Unsubstantiated reports shall not be
contained within the central registry.
(c) Upon written application of the department or any
substantiated person and upon good cause shown and notice to the
department, the subject of the report and all interested
parties, the department may amend, expunge or remove any record
from the central registry.
(d) Any person named as a perpetrator of abuse, neglect,
exploitation, intimidation or abandonment of any vulnerable
adult in any substantiated report maintained in the central
registry shall have the right to have included in the report a
statement concerning the incident giving rise to the report. Any
person seeking to include a statement pursuant to this
subsection shall provide the department with the statement. The
department shall provide notice to any person identified as a
perpetrator of this right to submit a statement in any
substantiated report maintained in the central registry.
(e) Any person convicted of, or having pled guilty or no
contest to, a crime which includes the abuse, neglect,
exploitation, intimidation or abandonment of any vulnerable
adult shall have that conviction reported to the department by
the court and the report shall be maintained in the central
registry.
35-20-116. Access to central registry records pertaining
to adult protection cases; child and vulnerable adult abuse and
registry account.
(a) Upon appropriate application and for employee or
volunteer screening purposes, the department shall provide to
any employer or entity whose employees or volunteers may have
unsupervised access to vulnerable adults in the course of their
employment or volunteer service a record summary concerning
abuse, neglect, exploitation or abandonment of a vulnerable
adult involving a named individual or shall confirm that no
record exists. The state agency shall provide the results of
the records check to the applicant by certified mail if the
records check confirms the existence of a report "under
investigation" or a "substantiated" finding of abuse or neglect.
Otherwise, the state agency shall provide the results of the
records check to the applicant in accordance with agency rules
and by United States mail. The written results shall confirm
that there is a report "under investigation", a "substantiated"
finding of abuse or neglect on the central registry naming the
individual or confirm that no record exists. When the
individual is identified on the registry as a "substantiated"
perpetrator of abuse or neglect, the report to the applicant
shall contain information with respect to the date of the
finding, specific type of abuse or neglect, a copy of the
perpetrator's voluntary statement and whether an appeal is
pending. Any applicant receiving a report under this section
identifying an individual as "under investigation" shall be
notified by the department as to the final disposition of that
investigation and whether an appeal is pending. The applicant,
or an agent on behalf of the applicant, shall submit a fee in an
amount determined by rule of the department and proof
satisfactory to the department that the prospective or current
employee or volunteer whose records are being checked consents
to the release of the information to the applicant. The
applicant shall use the information received only for purposes
of screening prospective or current employees and volunteers who
may, through their employment or volunteer services, have
unsupervised access to vulnerable adults. Applicants, their
employees or other agents shall not otherwise divulge or make
public any information received under this section. The
department shall notify any applicant receiving information
under this subsection of any subsequent reclassification of the
information pursuant to W.S. 35-20-115(c). The department shall
screen all prospective employees in conformity with the
procedure provided under this subsection.
(b) There is created a program administration account to
be known as the child and vulnerable adult abuse registry
account. All fees collected under subsection (a) of this section
shall be credited to this account.
(c) Any person may request a central registry screen and
summary report on themselves as provided by subsection (a) of
this section upon payment of the fee required by subsection (a)
of this section.
35-20-117. Civil cause of action for exploitation of
vulnerable adults.
(a) A vulnerable adult shall have a cause of action
against any person who has exploited the vulnerable adult. The
vulnerable adult may recover actual damages, punitive damages
and reasonable attorney's fees for the exploitation of the
vulnerable adult. The action may be brought in any court of
competent jurisdiction. The action may be brought by the
vulnerable adult or any of the following:
(i) The vulnerable adult's guardian, conservator or
other fiduciary acting for the vulnerable adult;
(ii) The personal representative of the estate of a
deceased vulnerable adult;
(iii) The vulnerable adult's agent as defined by W.S.
3-9-102(a)(i);
(iv) The vulnerable adult's spouse, parent or
descendant;
(v) A person authorized to make health care
decisions for the vulnerable adult;
(vi) A person who would qualify as a presumptive heir
of the vulnerable adult;
(vii) A person named as a beneficiary to receive any
property, benefit or contractual right on the vulnerable adult's
death or as a beneficiary of a trust created by or for the
vulnerable adult that has a financial interest in the vulnerable
adult's estate;
(viii) The vulnerable adult's caregiver or another
person that demonstrates sufficient interest in the vulnerable
adult's welfare;
(ix) A person asked to accept the vulnerable adult's
power of attorney;
(x) The nursing care facility where the vulnerable
adult resides.
CHAPTER 21 - DOMESTIC VIOLENCE PROTECTION
35-21-101. Short title.
This act may be cited as the "Domestic Violence Protection Act".
35-21-102. Definitions.
(a) As used in this act:
(i) "Adult" means a person who is sixteen (16) years
of age or older, or legally married;
(ii) "Court" means the circuit court in the county
where the alleged victim of domestic abuse resides or is found,
where an alleged perpetrator of the domestic abuse resides or is
found or where an act of domestic abuse occurred;
(iii) "Domestic abuse" means the occurrence of one
(1) or more of the following acts by a household member but does
not include acts of self defense:
(A) Physically abusing, threatening to
physically abuse, attempting to cause or causing physical harm
or acts which unreasonably restrain the personal liberty of any
household member;
(B) Placing a household member in reasonable
fear of imminent physical harm; or
(C) Causing a household member to engage
involuntarily in sexual activity by force, threat of force or
duress.
(iv) "Household member" includes:
(A) Persons married to each other;
(B) Persons living with each other as if
married;
(C) Persons formerly married to each other;
(D) Persons formerly living with each other as
if married;
(E) Parents and their adult children;
(F) Other adults sharing common living quarters;
(G) Persons who are the parents of a child but
who are not living with each other; and
(H) Persons who are in, or have been in, a
dating relationship.
(v) "Order of protection" means a court order granted
for the protection of victims of domestic abuse;
(vi) "Financial responsibility" means an obligation
to pay to a provider service fees and other costs and charges
associated with the provision of commercial mobile services;
(vii) "Provider" means a person or entity that
provides commercial mobile services as defined in 47 U.S.C. §
332(d);
(viii) "This act" means W.S. 35-21-101 through 35-21-
112.
35-21-103. Petition for order of protection; contents;
prerequisites; appointment of an attorney; award of costs and
fees; remote appearance at hearings.
(a) The following persons may petition the court under
this act by filing a petition with the circuit court clerk for
an order of protection:
(i) The victim;
(ii) If the victim consents, the district attorney on
behalf of the victim; or
(iii) Any person with legal authority to act on
behalf of the victim if the victim is:
(A) A minor;
(B) A vulnerable adult as defined in W.S. 35-20-
102(a)(xviii);
(C) Any other adult who, because of age,
disability, health or inaccessibility, cannot file the petition.
(b) The petition shall be made under oath or be
accompanied by a sworn affidavit setting out specific facts
showing the alleged domestic abuse.
(c) No petitioner is required to file for annulment,
separation or divorce as a prerequisite to obtaining an order of
protection nor is a person's right to petition for relief
affected by that person's leaving the residence or household to
avoid domestic abuse.
(d) No filing fee or other court costs or fees shall be
assessed or charged to a petitioner seeking an order of
protection under this act.
(e) The clerk of the court shall make available standard
petition forms with instructions for completion to be used by a
petitioner. Forms are to be prepared by the victim services
division within the office of the attorney general. Upon receipt
of the initial petition by the clerk of the court, the clerk
shall refer the matter to the court. The court may appoint an
attorney to represent the victim in the action. Nothing in this
subsection shall prevent the victim from hiring an attorney or
filing a petition pro se.
(f) The court shall not deny a petitioner relief requested
pursuant to this act solely because of a lapse of time between
an act of domestic abuse and the filing of the petition for an
order of protection.
(g) It shall not be a bar to filing a petition or
receiving an order of protection under this act that:
(i) A criminal or civil order is entered in a case
pending against the respondent or between the petitioner and
respondent;
(ii) The petitioner has petitioned for or received
orders of protection in the past or that the petitioner has
withdrawn a petition or asked to have orders rescinded; or
(iii) There is evidence of some domestic abuse on the
part of the petitioner.
(h) The court may require the respondent to pay costs and
fees incurred in bringing an action pursuant to this act
including reasonable attorney's fees whether the attorney is
court appointed or retained by petitioner.
(j) For any hearing required or authorized for proceedings
under this act, the petitioner or other party to the hearing may
petition the court to appear at the hearing by remote means. The
court may, in its discretion, grant the petition for remote
appearance at the hearing, provided that the court is equipped
with appropriate audio or video technology to allow the
petitioner or other party to fully participate in the hearing.
35-21-104. Temporary order of protection; setting hearing.
(a) Upon the filing of a petition for order of protection,
the court shall:
(i) Immediately grant an ex parte temporary order of
protection if it appears from the specific facts shown by the
affidavit or by the petition that there exists a danger of
further domestic abuse;
(ii) Cause the temporary order of protection,
together with notice of hearing, to be served on the alleged
perpetrator of the domestic abuse immediately, either within or
outside of this state;
(iii) Hold a hearing on the petition within seventy-
two (72) hours after the granting of the temporary order of
protection or as soon thereafter as the petition may be heard by
the court on the question of continuing the order; or
(iv) If an ex parte order is not granted, serve
notice to appear upon the parties and hold a hearing on the
petition for order of protection within seventy-two (72) hours
after the filing of the petition or as soon thereafter as the
petition may be heard by the court.
(b) An order of protection issued under this section shall
contain a notice that willful violation of any provision of the
order constitutes a crime as defined by W.S. 6-4-404, can result
in immediate arrest and may result in further punishment.
Orders shall also contain notice that a violation that
constitutes the offense of stalking as defined by W.S.
6-2-506(b) may subject the perpetrator to enhanced penalties for
felony stalking under W.S. 6-2-506(e).
35-21-105. Order of protection; contents; remedies; order
not to affect title to property; conditions.
(a) Upon finding that an act of domestic abuse has
occurred, the court shall enter an order of protection ordering
the respondent household member to refrain from abusing the
petitioner or any other household member. The order shall
specifically describe the behavior that the court has ordered
the respondent to do or refrain from doing. As a part of any
order of protection, the court may:
(i) Grant sole possession of the residence or
household to the petitioner during the period the order of
protection is effective or order the respondent to provide
temporary suitable alternative housing for petitioner and any
children to whom the respondent owes a legal obligation of
support;
(ii) Repealed by Laws 1987, ch. 196, § 2.
(iii) Order that the respondent shall not initiate
contact with the petitioner;
(iv) Prohibit the respondent from abducting, removing
or concealing any child in the custody of the petitioner;
(v) Restrain the respondent from transferring,
concealing, encumbering or otherwise disposing of petitioner's
property or the joint property of the parties;
(vi) Order other injunctive relief as the court deems
necessary for the protection of the petitioner;
(vii) If, after a hearing, it finds by a
preponderance of evidence that an act of domestic abuse has
occurred or that there exists a danger of further domestic
abuse, require the respondent to participate in counseling or
other appropriate treatment for a specified period of time not
to exceed the term of the order of protection and any extension
of the order of protection granted under W.S. 35-21-106(b);
(viii) If the petitioner is not the account holder,
grant the petitioner and order a provider to transfer to the
petitioner the sole right to use and sole financial
responsibility for a telephone number used by the petitioner or
a minor child in the petitioner's custody and terminate in the
provider's system the respondent's ability to use, and to access
any data associated with, the telephone number. An order issued
under this paragraph shall list the name and billing telephone
number of the account holder, the name and contact information
of the petitioner and each telephone number to be transferred to
the petitioner. In issuing an order under this paragraph, the
court shall ensure that the petitioner's contact information is
not disclosed to the respondent or any account holder. The order
shall be served on the provider pursuant to W.S. 35-21-106(e). A
provider may, not later than five (5) business days after being
served with an order under this paragraph, notify the petitioner
and the court that compliance with the order is not possible or
practicable because an account holder named in the order has
terminated the account, differences in network technology would
prevent the functionality of a device on the network or there
are geographic limitations on network or service availability.
In complying with an order issued under this paragraph, a
provider may apply any customary requirements for establishing
an account and transferring a telephone number. A provider is
immune from civil liability for complying with an order issued
under this paragraph;
(ix) Grant sole possession of any household pet, as
defined in W.S. 6-3-1001(a)(iii), owned, possessed or kept by
the petitioner, the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent to the petitioner during the period the order of
protection is effective if the order is for the purpose of
protecting the household pet;
(x) Order that the respondent shall not have contact
with any household pet, as defined in W.S. 6-3-1001(a)(iii), in
the custody of the petitioner and prohibit the respondent from
abducting, removing, concealing or disposing of the household
pet if the order is for the purpose of protecting the household
pet.
(b) As part of any order of protection pursuant to
subsection (a) of this section, the court shall:
(i) When the court finds it to be in the best
interests of the children, award temporary custody of any
children involved to the petitioner. The court shall in this
instance provide for visitation with the respondent only if
adequate provision can be made for the safety of the children
and the petitioner. To provide for the safety of the children
and the petitioner, the court may:
(A) Order an exchange of children to occur in a
protected setting;
(B) Order that visitation be arranged and
supervised by another person or agency, and if the other person
is a family or household member, establish conditions to be
followed during the visitation;
(C) Order the respondent to attend and complete
to the court's satisfaction a program of intervention or other
designated counseling as a condition of visitation;
(D) Order the respondent to abstain from the
consumption of alcohol or controlled substances for up to
twenty-four (24) hours before the visitation and during the
visitation;
(E) Order the respondent to pay a fee through
the court to defray the costs of supervised visitation;
(F) Prohibit overnight visitation;
(G) Require the respondent to post a bond to
secure the return and safety of any children; or
(H) Impose any other condition it deems
necessary for the safety of the petitioner, the children, or
other family or household member.
(ii) Order the payment of child support and when
appropriate, temporary support for the petitioner;
(iii) Order the payment of any medical costs incurred
by the petitioner as a result of the abuse inflicted by the
respondent.
(c) The order shall contain a notice that willful
violation of any provision of the order constitutes a crime as
defined by W.S. 6-4-404, can result in immediate arrest and may
result in further punishment. Orders shall also contain notice
that a violation that constitutes the offense of stalking as
defined by W.S. 6-2-506(b) may subject the perpetrator to
enhanced penalties for felony stalking under W.S. 6-2-506(e).
(d) No order issued under this act shall affect title to
any property nor allow the petitioner to transfer, conceal,
encumber or otherwise dispose of respondent's property or the
joint property of the parties.
(e) Regardless of whether the court provides visitation
under subsection (b) of this section, the court shall, if
requested by the petitioner, order the address of the petitioner
and any children of the petitioner and respondent be kept
confidential.
(f) The court may refer an adult petitioner to attend
counseling relating to the petitioner's status or behavior as a
victim but shall not order or make as a condition of receiving
protection that an adult petitioner attend such counseling.
(g) No act of the petitioner or the respondent may be
construed to waive or nullify any provision of an order of
protection.
(h) The court shall not make any provisions of a single
order of protection mutually effective. The court may issue a
separate order of protection to each party, provided:
(i) Each party has filed a separate written petition
for an order of protection; and
(ii) The court makes specific findings on the record
that both parties have committed acts of domestic abuse and that
each party is entitled to a separate order of protection.
(j) The form of the order shall be as provided by rule
adopted by the Wyoming supreme court.
35-21-106. Service of order; duration and extension of
order; violation; remedies not exclusive; order effective during
appeal or review.
(a) An order of protection granted under W.S. 35-21-105
shall be filed with the clerk of court and a copy shall be sent
by the clerk to the county sheriff who shall, after service,
notify the local law enforcement agency within the county in
which the petitioner resides. The order shall be personally
served upon the respondent, unless the respondent or the
respondent's attorney was present in person or by remote means
at the time the order was granted.
(b) Except as otherwise provided by this subsection, an
order of protection granted by the court under W.S. 35-21-105
shall be effective for a fixed period of time not to exceed
three (3) years, subject to the following:
(i) Either party may move to modify, terminate or
extend the order. The order may be extended repetitively upon a
showing of good cause for additional periods of time not to
exceed three (3) years each. Any extension of an order of
protection under this paragraph shall be served upon the
respondent by mailing the order to the last known address of the
respondent on file with the clerk of court by certified and
first-class mail, and shall constitute valid notice of the
extension;
(ii) If a party subject to an order of protection is
sentenced and incarcerated or becomes imprisoned the running of
the time remaining for the order of protection shall be tolled
during the term of incarceration or imprisonment. The conditions
and provisions of an order of protection shall remain in effect
during any period of tolling under this paragraph. Upon release
from incarceration or imprisonment the effective period of the
order of protection shall be the amount of time remaining as of
the first day of the term of incarceration or imprisonment or
one (1) year from the date of release, whichever is greater. The
filing of an action for divorce shall not supersede an order of
protection granted under this act.
(c) Willful violation of an order of protection is a crime
as defined by W.S. 6-4-404. An order of protection granted
under this act has statewide applicability and a criminal
prosecution under this subsection may be commenced in any county
in which the respondent commits an act in violation of the order
of protection.
(d) The remedies provided by this act are in addition to
any other civil or criminal remedy available to the petitioner.
(e) The clerk of the court shall cause that part of an
order of protection directing the transfer of a telephone number
to a petitioner as provided in W.S. 35-21-105(a)(viii) to be
served on the affected provider pursuant to W.S. 17-28-104.
(f) An order of protection granted under this act shall
remain effective during the pendency of any appeal or review of
the order of protection or any decision to modify or extend the
order of protection, unless a court orders a stay during the
pendency of the appeal or review.
35-21-107. Emergency assistance by law enforcement
officers; limited liability.
(a) A person who allegedly has been a victim of domestic
abuse may request the assistance of a local law enforcement
agency.
(b) A local law enforcement officer responding to the
request for assistance may take whatever steps are reasonably
necessary to protect the victim from further domestic abuse,
including:
(i) Advising the victim of the remedies available
under this act and the availability of shelter, medical care,
counseling and other services;
(ii) Providing or arranging for transportation of the
victim to a medical facility or place of shelter;
(iii) Accompanying the victim to the residence to
remove the victim's personal clothing and effects required for
immediate needs and the clothing and personal effects of any
children then in the care of the victim;
(iv) Arresting the abusing household member when
appropriate;
(v) Advising the victim, when appropriate, of the
procedure for initiating proceedings under this act or criminal
proceedings and the importance of preserving evidence.
(c) Any law enforcement officer responding to a request
for assistance under this act is immune from civil liability
when complying with the request, provided that the officer acts
in good faith and in a reasonable manner.
35-21-108. Protection orders; priority.
(a) Any order entered in a district court in this state in
a proceeding where the petitioner and respondent are parties
shall supersede any inconsistent language in any other order
entered under this act or in any other court proceeding in this
state.
(b) Any order entered under this act shall supersede any
inconsistent language in any other order other than one issued
by a district court proceeding described in subsection (a) of
this section.
(c) Any order allowing the conditional release of a
defendant in a criminal proceeding in this state where either
the petitioner or the respondent is the named defendant shall
include by reference all terms and conditions of an order
entered under this act where the petitioner and respondent are
parties.
35-21-109. Full faith and credit for valid foreign
protection orders; affirmative defense; exclusion.
(a) A valid injunction or order for protection against
domestic violence is defined as one:
(i) That was issued by a court of another state,
tribe or territory;
(ii) Where the issuing court had jurisdiction over
the parties and the matter under the laws of the state, tribe or
territory;
(iii) Where the respondent was given reasonable
notice and the opportunity to be heard before the order of the
foreign state, tribe or territory was issued, provided, in the
case of ex parte orders, notice and opportunity to be heard was
given as soon as possible after the order was issued, consistent
with due process; and
(iv) Which has not expired.
(b) There shall be a presumption in favor of validity
where an order appears valid on its face. The presumption may be
rebutted by a showing that the respondent was not given
reasonable notice and opportunity to be heard.
(c) A valid protection order shall be accorded full faith
and credit by the courts of this state and enforced as if it
were issued in this state.
35-21-110. Statewide protection order registry.
(a) The Wyoming attorney general or another agency
designated by the governor shall establish a statewide registry
of protection orders related to domestic violence and shall
maintain a complete and systematic record and index of all valid
temporary and final civil and criminal court orders of
protection.
(b) The data fields of the statewide registry shall
include, but need not be limited to, the following information
if available:
(i) The names of the petitioner and any protected
parties;
(ii) The name and address of the respondent;
(iii) The date the order was entered;
(iv) The date the order expires;
(v) The relief granted which shall specifically
identify the relief awarded and citations related thereto, and
designate which of the violations are offenses subject to
arrest;
(vi) The judicial district and contact information
for court administration for the court in which the order was
entered; and
(vii) The social security number, date of birth and
physical description of the respondent.
(c) The clerk of the issuing court or the clerk of the
court where a foreign order of protection is registered shall
send a copy of the protection order to the local sheriff and
chief of police who shall promptly enter the protection order
into the statewide protection order registry.
(d) The statewide protection order registry shall be
accessible twenty-four (24) hours a day, seven (7) days a week
to provide courts, prosecutors, dispatchers, the department of
corrections and law enforcement officers with data concerning
valid protection orders issued within the state or filed as a
foreign order for purposes of enforcement in the state.
35-21-111. Filing and registration of foreign protection
orders.
(a) A petitioner who obtains a valid order of protection
in another state, tribe or territory may file that order by
presenting a certified copy of the foreign order to the clerk of
district court in the judicial district where the petitioner
believes enforcement may be necessary.
(b) Filing shall be without fee or cost.
(c) The clerk of district court shall forward a copy of
the foreign protection order to the local sheriff's office and
the chief of police for entry into the statewide protection
order registry upon application of a petitioner seeking
enforcement.
(d) The clerk of district court shall provide the
petitioner with a receipt bearing proof of submission of the
foreign protection order for entry into the statewide protection
order registry system.
(e) Filing and registration of the foreign order in the
statewide protection order registry shall not be prerequisites
for enforcement of the foreign protection order in this state.
35-21-112. Confidentiality in court proceedings.
(a) Notwithstanding any other provisions of law, in any
proceedings before a court of the state of Wyoming, the
confidentiality of the address, city and state of residence or
any other information identifying the residence of a victim of
domestic abuse shall remain confidential as provided in this
section.
(b) The victim of domestic abuse may at any point during
the court proceedings file a motion with the court for entry of
an order providing for the confidentiality of the address, city
and state of residence or any other information identifying the
residence of the victim of domestic abuse and any children
residing with the victim of domestic abuse during the court
proceedings. The motion may be accompanied with all relevant
affidavits or documents to establish that the person requesting
confidentiality is a victim of domestic abuse and that the
person may be subject to additional acts of domestic abuse if
confidentiality is not maintained.
(c) Upon a filing of a motion pursuant to subsection (b)
of this section, the court shall issue an order prohibiting the
release of the address, city and state of residence and any
other information identifying the residence of a person if:
(i) The person filing the motion has been granted an
order of protection under this act or similar act in another
state or territory of the United States and the order of
protection remains in effect; or
(ii) The court finds by a preponderance of the
evidence that the person is a victim of domestic abuse and that
the person may be subject to additional acts of domestic abuse
if confidentiality is not maintained.
(d) An order issued under this section shall only provide
confidentiality in the action in which it is granted and for
those additional purposes specified by law referencing an order
issued pursuant to this section.
CHAPTER 22 - LIVING WILL
ARTICLE 1 - IN GENERAL
35-22-101. Repealed By Laws 2005, ch. 161, § 3.
35-22-102. Repealed By Laws 2005, ch. 161, § 3.
35-22-103. Repealed By Laws 2005, ch. 161, § 3.
35-22-104. Repealed By Laws 2005, ch. 161, § 3.
35-22-105. Repealed By Laws 2005, ch. 161, § 3.
35-22-106. Repealed By Laws 2005, ch. 161, § 3.
35-22-107. Repealed By Laws 2005, ch. 161, § 3.
35-22-108. Repealed By Laws 2005, ch. 161, § 3.
35-22-109. Repealed By Laws 2005, ch. 161, § 3.
ARTICLE 2 - CARDIOPULMONARY RESUSCITATION DIRECTIVES
35-22-201. Repealed by Laws 2015, ch. 189, § 2.
35-22-202. Repealed by Laws 2015, ch. 189, § 2.
35-22-203. Repealed by Laws 2015, ch. 189, § 2.
35-22-204. Repealed by Laws 2015, ch. 189, § 2.
35-22-205. Repealed by Laws 2015, ch. 189, § 2.
35-22-206. Repealed by Laws 2015, ch. 189, § 2.
35-22-207. Repealed by Laws 2015, ch. 189, § 2.
35-22-208. Repealed by Laws 2015, ch. 189, § 2.
ARTICLE 3 - PSYCHIATRIC ADVANCE DIRECTIVES
35-22-301. Definitions.
(a) As used in this act:
(i) "Adult" means a person eighteen (18) years of age
or older;
(ii) "Agent" means any person authorized in the
psychiatric advance directive to make decisions on behalf of the
person who executed the directive;
(iii) "Psychiatric advance directive" means an
advance medical directive pertaining to the administration or
refusal of psychiatric restabilization for the care and
treatment of mental illness;
(iv) "Psychiatric personnel" means any licensed
physician who specializes in psychiatric care;
(v) "Psychiatric restabilization" means measures to
restore mental function or to support mental health in the event
of destabilization of mental health due to lack of appropriate
treatment. Psychiatric restabilization measures include
administration of prescribed liquid medication by mouth or
injection, administration of prescribed medication orally,
physical restraint, seclusion or crisis psychiatric counseling;
(vi) "This act" means W.S. 35-22-301 through
35-22-308.
35-22-302. Psychiatric advance directives; who may
execute.
Any adult who has the decisional capacity to provide informed
consent to or refusal of psychiatric restabilization measures or
any other person who is, pursuant to the laws of this state or
any other state, authorized to consent to or refuse psychiatric
restabilization measures on behalf of a person who lacks the
decisional capacity, may execute a psychiatric advance
directive.
35-22-303. Psychiatric advance directive forms; duties of
department of health.
(a) On or before January 1, 2000, the state department of
health shall promulgate rules, protocols and forms for the
implementation of psychiatric advance directives by psychiatric
personnel. The protocols adopted shall include uniform methods
for rapid identification of persons who have executed a
psychiatric advance directive, methods to protect the
confidentiality of persons who have executed a psychiatric
advance directive and the information described in subsection
(b) of this section. Nothing in this subsection shall be
construed to restrict any other manner in which a person may
make a psychiatric advance directive. Forms which meet the
requirements of law and are consistent with patient rights shall
be developed and disseminated throughout the state as
recommended forms.
(b) Psychiatric advance directive protocols to be adopted
by the state department of health shall, at a minimum, require
the following information concerning the person who is the
subject of the psychiatric advance directive:
(i) The person's name, date of birth and sex;
(ii) The person's eye and hair color;
(iii) The person's race or ethnic background;
(iv) The person's social security number;
(v) If applicable, the name of a treatment program
and the sponsoring facility or institution in which the person
is enrolled;
(vi) The name, address and telephone number of the
person's attending physician or psychiatric personnel;
(vii) The person's signature or mark or, if
applicable, the signature of a person authorized by this article
to execute a psychiatric advance directive;
(viii) The date on which the psychiatric advance
directive was signed;
(ix) The person's directive concerning the
administration or refusal of psychiatric restabilization
measures, countersigned by the person's attending physician or
psychiatric personnel;
(x) The name, address and telephone number of the
person designated as an agent, if applicable, to consent to or
refuse psychiatric restabilization measures for the person who
has executed a psychiatric advance directive and the signature
of that person, indicating acceptance of this appointment.
35-22-304. Duty to comply; immunity; effect on criminal
charges against another person.
(a) Emergency medical service personnel in emergency
situations if they are aware of the person's psychiatric advance
directive, psychiatric personnel, health care providers and
health care facilities shall comply with a person's psychiatric
advance directive to the extent medically indicated.
(b) Any emergency medical service personnel, psychiatric
personnel, health care provider, health care facility or any
other person who, reasonably and in good faith, complies with a
psychiatric advance directive shall not be subject to civil or
criminal liability or regulatory sanction for such compliance.
(c) Compliance by emergency medical service personnel,
psychiatric personnel, health care providers or health care
facilities with a psychiatric advance directive shall not affect
the criminal prosecution of any person otherwise charged with
the commission of a criminal act.
(d) In the absence of a psychiatric advance directive, a
person's consent to psychiatric restabilization measures shall
not be presumed.
35-22-305. Effect of declaration after inpatient
admission.
A psychiatric advance directive for any person who is admitted
to a health care facility or mental health facility shall be
implemented as directed by the psychiatric advance directive,
pending further physician's orders. The psychiatric advance
directive may be deviated from only with the consent of the
admitted person, his agent, the district court or when adherence
to the directive threatens permanent physical injury.
35-22-306. Effect of directive on life or health
insurance.
Neither a psychiatric advance directive nor the failure of a
person to execute one shall affect, impair or modify any
contract of life or health insurance or annuity or be the basis
for any delay in issuing or refusing to issue an annuity or
policy of life or health insurance or any increase of a premium
thereof.
35-22-307. Revocation of psychiatric advance directive.
A psychiatric advance directive may be revoked at any time by
the person who is the subject of the directive unless he is
mentally incompetent or at any time by any other person who is,
pursuant to the laws of this state or any other state,
authorized to consent to or refuse psychiatric restabilization
measures on behalf of the person who is the subject of the
directive.
35-22-308. Duration of psychiatric advance directive.
A psychiatric advance directive shall be valid for a period not
to exceed two (2) years from the date of execution unless
reaffirmed by the person who executed the directive, in which
case it shall be valid for two (2) years from the date of
reaffirmation.
ARTICLE 4 - WYOMING HEALTH CARE DECISIONS ACT
35-22-401. Short title.
This act may be cited as the "Wyoming Health Care Decisions
Act."
35-22-402. Definitions.
(a) As used in this act:
(i) "Advance health care directive" means an
individual instruction or a power of attorney for health care,
or both;
(ii) "Agent" means an individual designated in a
power of attorney for health care to make a health care decision
for the individual granting the power;
(iii) "Artificial nutrition and hydration" means
supplying food and water through a conduit, such as a tube or an
intravenous line where the recipient is not required to chew or
swallow voluntarily, including, but not limited to, nasogastric
tubes, gastrostomies, jejunostomies and intravenous infusions.
Artificial nutrition and hydration does not include assisted
feeding, such as spoon or bottle feeding;
(iv) "Capacity" means an individual's ability to
understand the significant benefits, risks and alternatives to
proposed health care and to make and communicate a health care
decision;
(v) "Community care facility" means a public or
private facility responsible for the day-to-day care of persons
with disabilities;
(vi) "Emancipated minor" means a minor who has become
emancipated as provided in W.S. 14-1-201 through 14-1-206;
(vii) "Guardian" means a judicially appointed
guardian or conservator having authority to make a health care
decision for an individual;
(viii) "Health care" means any care, treatment,
service or procedure to maintain, diagnose or otherwise affect
an individual's physical or mental condition;
(ix) "Health care decision" means a decision made by
an individual or the individual's agent, guardian, or surrogate,
regarding the individual's health care, including:
(A) Selection and discharge of health care
providers and institutions;
(B) Approval or disapproval of diagnostic tests,
surgical procedures, programs of medication and orders not to
resuscitate; and
(C) Directions to provide, withhold or withdraw
artificial nutrition and hydration and all other forms of health
care.
(x) "Health care institution" means an institution,
facility or agency licensed, certified or otherwise authorized
or permitted by law to provide health care in the ordinary
course of business;
(xi) "Individual instruction" means an individual's
direction concerning a health care decision for the individual;
(xii) "Physician" means an individual authorized to
practice medicine under the Wyoming Medical Practice Act;
(xiii) "Power of attorney for health care" means the
designation of an agent to make health care decisions for the
individual granting the power;
(xiv) "Primary health care provider" means any person
licensed under the Wyoming statutes practicing within the scope
of that license as a licensed physician, licensed physician's
assistant or licensed advanced practice registered nurse and who
is designated by an individual or the individual's agent,
guardian or surrogate to have primary responsibility for the
individual's health care or, in the absence of a designation or
if the designated provider is not reasonably available, a
provider who undertakes the responsibility;
(xv) "Primary physician" means a physician designated
by an individual or the individual's agent, guardian or
surrogate, to have primary responsibility for the individual's
health care or, in the absence of a designation or if the
designated physician is not reasonably available, a physician
who undertakes the responsibility;
(xvi) "Reasonably available" means able to be
contacted with a level of diligence appropriate to the
seriousness and urgency of a patient's health care needs and
willing and able to act in a timely manner considering the
urgency of the patient's health care needs;
(xvii) "Residential care facility" means a public or
private facility providing for the residential and health care
needs of the elderly or persons with disabilities or chronic
mental illness;
(xviii) "State" means a state of the United States,
the District of Columbia, the Commonwealth of Puerto Rico or a
territory or insular possession subject to the jurisdiction of
the United States;
(xix) Repealed By Laws 2007, Ch. 61, § 2.
(xx) "Surrogate" means an adult individual or
individuals who:
(A) Have capacity;
(B) Are reasonably available;
(C) Are willing to make health care decisions,
including decisions to initiate, refuse to initiate, continue or
discontinue the use of a life sustaining procedure on behalf of
a patient who lacks capacity; and
(D) Are identified by the primary health care
provider in accordance with this act as the person or persons
who are to make those decisions in accordance with this act.
(xxi) "This act" means W.S. 35-22-401 through
35-22-416.
35-22-403. Advance health care directives.
(a) An adult or emancipated minor may give an individual
instruction. The instruction may be oral or written. The
instruction may be limited to take effect only if a specified
condition arises.
(b) An adult or emancipated minor may execute a power of
attorney for health care, which may authorize the agent to make
any health care decision the principal could have made while
having capacity. The power must be in writing and signed by the
principal or by another person in the principal's presence and
at the principal's expressed direction. The power remains in
effect notwithstanding the principal's later incapacity and may
include individual instructions. Unless related to the principal
by blood, marriage or adoption, an agent may not be an owner,
operator or employee of a residential or community care facility
at which the principal is receiving care. The durable power of
attorney must be acknowledged before a notarial officer or must
be signed by at least two (2) witnesses, each of whom witnessed
either the signing of the instrument by the principal or the
principal's acknowledgement of the signature or of the
instrument, each witness making the following declaration in
substance:
I declare under penalty of perjury under the laws of Wyoming
that the person who signed or acknowledged this document is
known to me to be the principal, and the principal signed or
acknowledged this document in my presence.
(c) None of the following shall be used as a witness for a
power of attorney for health care:
(i) A treating health care provider or employee of
the provider;
(ii) The attorney-in-fact nominated in the writing;
(iii) The operator of a community care facility or
employee of the operator or facility;
(iv) The operator of a residential care facility or
employee of the operator or facility.
(d) Unless otherwise specified in a power of attorney for
health care, the authority of an agent becomes effective only
upon a determination that the principal lacks capacity, and
ceases to be effective upon a determination that the principal
has recovered capacity.
(e) Unless otherwise specified in a written advance health
care directive, a determination that an individual lacks or has
recovered capacity, or that another condition exists that
affects an individual instruction or the authority of an agent,
shall be made by the primary physician, but the treating primary
health care provider may make the decision if the primary
physician is unavailable.
(f) An agent shall make a health care decision in
accordance with the principal's advance health care directive
and other wishes to the extent known to the agent. Otherwise,
the agent shall make the decision in accordance with the agent's
determination of the principal's best interest. In determining
the principal's best interest, the agent shall consider the
principal's personal values to the extent known to the agent.
(g) A health care decision made by an agent for a
principal is effective without judicial approval.
(h) A written advance health care directive may include
the individual's nomination of a guardian of the person.
(j) An advance health care directive is valid for purposes
of this act if it complied with the applicable law at the time
of execution or communication.
35-22-404. Revocation of advance health care directive.
(a) An individual with capacity may revoke the designation
of an agent only by a signed writing.
(b) An individual with capacity may revoke all or part of
an advance health care directive, other than the designation of
an agent, at any time and in any manner that communicates an
intention to revoke. Any oral revocation shall, as soon as
possible after the revocation, be documented in a writing signed
and dated by the individual or a witness to the revocation.
(c) A health care provider, agent, guardian or surrogate
who is informed of a revocation shall promptly communicate the
fact of the revocation to the primary health care provider and
to any health care institution at which the patient is receiving
care.
(d) A decree of annulment, divorce, dissolution of
marriage or legal separation revokes a previous designation of a
spouse as agent unless otherwise specified in the decree or in a
power of attorney for health care.
(e) An advance health care directive that conflicts with
an earlier advance health care directive revokes the earlier
directive to the extent of the conflict.
35-22-405. Repealed By Laws 2007, Ch. 61, § 2.
35-22-406. Decisions by surrogate.
(a) If a valid advance health care directive does not
exist, a surrogate may make a health care decision for a patient
who is an adult or emancipated minor if the patient has been
determined by the primary physician or the primary health care
provider to lack capacity and no agent or guardian has been
appointed or the agent or guardian is not reasonably available.
(b) An adult or emancipated minor may designate any
individual to act as surrogate by personally informing the
primary health care provider. In the absence of a designation,
or if the designee is not reasonably available, it is suggested
that any member of the following classes of the patient's family
who is reasonably available, in descending order of priority,
may act as surrogate:
(i) The spouse, unless legally separated;
(ii) An adult child;
(iii) A parent;
(iv) A grandparent;
(v) An adult brother or sister;
(vi) An adult grandchild.
(c) If none of the individuals eligible to act as
surrogate under subsection (b) of this section is reasonably
available, an adult who has exhibited special care and concern
for the patient, who is familiar with the patient's personal
values, and who is reasonably available may act as surrogate.
(d) A surrogate shall communicate his assumption of
authority as promptly as practicable to the members of the
patient's family specified in subsection (b) of this section who
can be readily contacted.
(e) If more than one (1) member of a class assumes
authority to act as surrogate, and the other members of the
class do not agree on a health care decision and the primary
health care provider is so informed, the primary health care
provider shall comply with the decision of a majority of the
members of that class who have communicated their views to the
provider.
(f) A surrogate shall make a health care decision in
accordance with the patient's individual instructions, if any,
and other wishes to the extent known to the surrogate.
Otherwise, the surrogate shall make the decision in accordance
with the surrogate's determination of the patient's best
interest. In determining the patient's best interest, the
surrogate shall consider the patient's personal, philosophical,
religious and ethical values to the extent known to the
surrogate and reliable oral or written statements previously
made by the patient, including, but not limited to, statements
made to family members, friends, health care providers or
religious leaders.
(g) A health care decision made by a surrogate for a
patient is effective without judicial approval.
(h) The patient at any time may disqualify another,
including a member of the individual's family, from acting as
the individual's surrogate by a signed writing or by personally
informing the primary health care provider of the
disqualification.
(j) Unless related to the patient by blood, marriage or
adoption, a surrogate may not be an owner, operator or employee
of a residential or community care facility at which the patient
is receiving care.
(k) A primary health care provider may require an
individual claiming the right to act as surrogate for a patient
to provide a written declaration under penalty of perjury
stating facts and circumstances reasonably sufficient to
establish the claimed authority.
35-22-407. Decisions by guardian.
(a) Repealed By Laws 2007, Ch. 61, § 2.
(b) Absent a court order to the contrary, a health care
decision of an agent takes precedence over that of a guardian.
(c) Repealed By Laws 2007, Ch. 61, § 2.
(d) Repealed By Laws 2007, Ch. 61, § 2.
(e) A guardian's authority to make health care decisions
for the ward shall be as provided in W.S. 3-2-201(a)(iii),
subject to the restrictions in W.S. 3-2-202 and 35-22-407(b).
35-22-408. Obligations of health care provider.
(a) Before implementing a health care decision made for a
patient who is able to comprehend, a primary health care
provider shall promptly communicate to the patient the decision
made and may communicate the identity of the person making the
decision.
(b) A primary health care provider who knows of the
existence of an advance health care directive, a revocation of
an advance health care directive, or a designation or
disqualification of a surrogate, shall promptly record its
existence in the patient's health care record and, if it is in
writing, shall request a copy and if one is furnished shall
arrange for its maintenance in the health care record.
(c) The primary physician who makes or is informed of a
determination that a patient lacks or has recovered capacity, or
that another condition exists which affects an individual
instruction or the authority of an agent, guardian or surrogate,
shall promptly record the determination in the patient's health
care record and communicate the determination to the patient, if
possible, and to any person then authorized to make health care
decisions for the patient.
(d) Except as provided in subsections (e) and (f) of this
section, a health care provider or institution providing care to
a patient shall:
(i) Comply with an individual instruction of the
patient and with a reasonable interpretation of that instruction
made by a person then authorized to make health care decisions
for the patient; and
(ii) Comply with a health care decision for the
patient made by a person then authorized to make health care
decisions for the patient to the same extent as if the decision
had been made by the patient while having capacity.
(e) A health care provider may decline to comply with an
individual instruction or health care decision for reasons of
conscience. A health care institution may decline to comply with
an individual instruction or health care decision if the
instruction or decision is contrary to a written policy of the
institution which is expressly based on reasons of conscience
and if the policy was timely communicated to the patient or to a
person then authorized to make health care decisions for the
patient. The institution shall deliver the written policy upon
receipt of the patient's advance directive that may conflict
with the policy or upon notice from the primary health care
provider that the patient's instruction or decision may be in
conflict with the health care institution's policy.
(f) A health care provider or institution may decline to
comply with an individual instruction or health care decision
that requires medically ineffective health care or health care
contrary to generally accepted health care standards applicable
to the health care provider or institution.
(g) A health care provider or institution that declines to
comply with an individual instruction or health care decision
shall:
(i) Promptly so inform the patient, if possible, and
any person then authorized to make health care decisions for the
patient;
(ii) Provide continuing care, including continuing
life sustaining care, to the patient until a transfer can be
effected; and
(iii) Unless the patient or person then authorized to
make health care decisions for the patient refuses assistance,
immediately make all reasonable efforts to assist in the
transfer of the patient to another health care provider or
institution that is willing to comply with the instruction or
decision.
(h) A health care provider or institution may not require
or prohibit the execution or revocation of an advance health
care directive as a condition for providing health care.
35-22-409. Health care information.
Unless otherwise specified in an advance health care directive,
a person then authorized to make health care decisions for a
patient has the same rights as the patient to request, receive,
examine, copy and consent to the disclosure of medical or any
other health care information.
35-22-410. Immunities.
(a) A health care provider or institution acting in good
faith and in accordance with generally accepted health care
standards applicable to the health care provider or institution
is not subject to civil or criminal liability or to discipline
for:
(i) Complying with a health care decision of a person
apparently having authority to make a health care decision for a
patient, including a decision to withhold or withdraw health
care;
(ii) Declining to comply with a health care decision
of a person based on a belief that the person then lacked
authority;
(iii) Complying with an advance health care directive
and assuming that the directive was valid when made and has not
been revoked or terminated;
(iv) Providing life-sustaining treatment in an
emergency situation when the existence of a health care
directive is unknown; or
(v) Declining to comply with a health care decision
or advance health care directive because the instruction is
contrary to the conscience or good faith medical judgment of the
health care provider, or the written policies of the
institution.
(b) An individual acting in good faith as agent or
surrogate under this act is not subject to civil liability or
criminal prosecution or to discipline by a licensing board for
unprofessional conduct for health care decisions made in good
faith.
35-22-411. Statutory damages.
(a) A health care provider or institution that violates
this act willfully or with reckless disregard of the patient's
instruction or health care decision is subject to liability to
the aggrieved individual for damages of five hundred dollars
($500.00) or actual damages resulting from the violation,
whichever is greater, plus reasonable attorney's fees.
(b) A person who intentionally falsifies, forges,
conceals, defaces or obliterates an individual's advance health
care directive or a revocation of an advance health care
directive without the individual's consent, or who coerces or
fraudulently induces an individual to give, revoke or not to
give an advance health care directive, is subject to liability
to that individual for damages of two thousand five hundred
dollars ($2,500.00) or actual damages resulting from the action,
whichever is greater, plus reasonable attorney's fees.
35-22-412. Capacity.
(a) This act does not affect the right of an individual to
make health care decisions while having capacity to do so.
(b) An individual is presumed to have capacity to make a
health care decision, to give or revoke an advance health care
directive, and to designate or disqualify a surrogate unless the
primary physician has certified in writing that the patient
lacks such capacity.
35-22-413. Effect of copy.
A copy of a written advance health care directive, revocation of
an advance health care directive, or designation or
disqualification of a surrogate has the same effect as the
original.
35-22-414. Effect of act.
(a) This act does not create a presumption concerning the
intention of an individual who has not made or who has revoked
an advance health care directive.
(b) Death resulting from the withholding or withdrawal of
health care in accordance with this act does not for any purpose
constitute a suicide or homicide or legally impair or invalidate
a policy of insurance or an annuity providing a death benefit,
notwithstanding any term of the policy or annuity to the
contrary.
(c) This act does not authorize mercy killing, assisted
suicide, euthanasia or the provision, withholding or withdrawal
of health care, to the extent prohibited by other statutes of
this state.
(d) This act does not authorize or require a health care
provider or institution to provide health care contrary to
generally accepted health care standards applicable to the
health care provider or institution.
(e) This act does not affect other statutes of this state
governing treatment for mental illness of an individual
involuntarily committed to a mental health care institution
pursuant to law or a psychiatric advance directive executed in
accordance with W.S. 35-22-301 through 35-22-308.
(f) Any cardiopulmonary resuscitation directives developed
under W.S. 35-22-201 through 35-22-208 shall remain in effect
unless specifically revoked by the advance health care
directive.
35-22-415. Judicial relief.
On petition of a patient, the patient's agent, guardian or
surrogate, a health care provider or institution involved with
the patient's care, or an individual described in W.S.
35-22-406(b) or (c) the district court may enjoin or direct a
health care decision or order other equitable relief. A
proceeding under this section is governed by the Wyoming Rules
of Civil Procedure.
35-22-416. Uniformity of application and construction.
This act shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the
subject matter of this act among states enacting it.
ARTICLE 5 - PROVIDER ORDERS FOR LIFE SUSTAINING TREATMENT
PROGRAM ACT
35-22-501. Short title.
This article shall be known and may be cited as the "Provider
Orders for Life Sustaining Treatment Program Act."
35-22-502. POLST program.
(a) The provider orders for life sustaining treatment
(POLST) program is a process of evaluation and communication
between a patient, or the patient's agent, guardian or
surrogate, and health care professionals in order to:
(i) Ensure that health care providers understand the
desires of the patient, or the patient’s agent, guardian or
surrogate, regarding medical treatment as the patient nears the
end of life;
(ii) Convert the patient's goals and preferences for
care into a set of medical orders on a POLST form that is
portable across care settings to be complied with by all health
professionals; and
(iii) Provide the patient and the patient's agent,
guardian or surrogate, if any, with a copy of the completed
POLST form.
(b) Unless otherwise provided in this article, terms in
this article shall have the same meaning as in the Wyoming
Health Care Decisions Act.
35-22-503. POLST form; who may execute.
(a) Any adult who has the capacity to provide informed
consent to, or refusal of, medical treatment may execute a POLST
form.
(b) Any adult authorized pursuant to the laws of this
state or any other state to make medical treatment decisions on
behalf of a person who lacks capacity may execute a POLST form
on behalf of that person.
(c) If a patient who lacks capacity has not executed a
valid advance directive or a valid POLST form, a surrogate may
execute a POLST form on behalf of the patient as provided in
W.S. 35-22-406. If a valid advance directive or POLST form
executed by the patient forbids changes by a surrogate, a
surrogate shall not execute or change a POLST form on behalf of
the patient.
(d) An individual acting in good faith as agent, guardian
or surrogate under this act shall not be subject to civil
liability or criminal prosecution for executing a POLST form as
provided in this act on behalf of a patient who lacks capacity.
(e) If medical orders on a POLST form relate to a minor
and direct that life sustaining treatment be withheld from the
minor, the order shall include a certification by two (2) health
care providers that, in their clinical judgment, an order to
withhold treatment is in the best interest of the minor.
35-22-504. POLST forms; department of health duties.
(a) The department of health shall promulgate rules
implementing this act and prescribing a standardized POLST form,
subject to the following:
(i) The rules shall contain protocols for the
implementation of a standardized POLST form, which shall be
available in electronic format on the department website for
downloading by patients and providers;
(ii) The department in formulating rules and forms
shall consult with health care professional licensing groups,
provider advocacy groups, patient advocacy groups, medical
ethicists and other appropriate stakeholders;
(iii) To the extent possible, the standardized POLST
form and protocols shall be consistent with use across all
health care settings, shall reflect nationally recognized
standards for end-of-life care and shall include:
(A) The patient's directive concerning the
administration of life sustaining treatment;
(B) The dated signature of the patient or, if
applicable, the patient's agent, guardian or surrogate;
(C) The name, address and telephone number of
the patient's primary health care provider;
(D) The dated signature of the primary health
care provider entering medical orders on the POLST form, who
certifies that the signing provider discussed the patient's care
goals and preferences with the patient or the patient's agent,
guardian or surrogate.
(b) The department in implementing this article shall:
(i) Recommend a uniform method of identifying persons
who have executed a POLST form and providing health care
providers with contact information of the person's primary
health care provider;
(ii) Oversee the education of health care providers
regarding the POLST program under the department's licensing
authority;
(iii) Develop a process for collecting provider
feedback to enable periodic redesign of the POLST form in
accordance with current health care practice;
(iv) Adopt a plan to convert the cardiopulmonary
resuscitation directive program under W.S. 35-22-203 to a POLST
program by January 1, 2016.
35-22-505. Duty to comply with POLST form; immunity,
effect on criminal charges against another person.
(a) Emergency medical service personnel, health care
providers and health care facilities, absent actual notice of
revocation or termination of a POLST form, shall comply with the
orders on a person's POLST form. Any emergency medical service
personnel, health care provider or health care facility or any
other person who, in good faith and in accordance with generally
accepted health care standards applicable to the health care
professional or institution, complies with orders on a POLST
form shall not be subject to civil liability, criminal
prosecution, regulatory sanction or discipline for
unprofessional conduct.
(b) Compliance by emergency medical service personnel,
health care providers or health care facilities with orders on a
POLST form shall not affect the criminal prosecution of any
person otherwise charged with the commission of a criminal act.
(c) In the absence of a valid POLST form, other provider
orders documented in a medical record or an advance health care
directive available to the treating provider, an individual's
consent to life sustaining treatment shall be presumed.
(d) A POLST form from another state, absent actual notice
of revocation or termination, shall be presumed to be valid and
shall be effective in this state.
(e) Emergency medical service personnel, health care
providers and health care facilities shall comply with the
orders on a POLST form without regard to whether the ordering
provider is on the medical staff of the treating health care
facility.
(f) If a patient whose goals and preferences for care have
been entered on a valid POLST form is transferred from one (1)
health care facility to another, the health care facility
initiating the transfer shall communicate the existence of the
POLST form to the receiving facility prior to the transfer. The
POLST form shall accompany the individual to the receiving
facility and shall remain in effect. The POLST form shall be
reviewed by the treating health care professional and made into
a medical order at the receiving facility unless the POLST form
is replaced or voided as provided in this article.
(g) To the extent that the orders on a POLST form
described in this section conflict with the provisions of an
advance directive made under W.S. 35-22-403, the most recent of
those documents signed by the patient takes precedence.
35-22-506. POLST form not a prerequisite for services.
Facilities or providers shall not require a person to complete a
POLST form as a prerequisite or condition for the provision of
services or treatment.
35-22-507. Presence or absence of POLST form; effect on
life or health insurance.
An individual's execution of or refusal or failure to execute a
POLST form shall not affect, impair or modify any contract of
life or health insurance or annuity to which the individual is a
party, shall not be the basis for any delay in issuing or
refusing to issue an annuity or policy of life or health
insurance and shall not be the basis for any increase or
decrease in premium charged to the individual.
35-22-508. Revocation of POLST form.
(a) An individual's consent to all or part of a POLST form
may be revoked at any time and in any manner that communicates
the individual's intent to revoke. Any oral revocation shall,
as soon as possible after the revocation, be documented in a
writing signed and dated by the individual or a witness to the
revocation.
(b) An agent, guardian or surrogate who created a POLST
form for a patient may revoke all or part of the POLST form at
any time in writing signed by the agent, guardian or surrogate.
(c) A health care professional, agent, guardian or
surrogate who is informed of a revocation shall promptly
communicate the fact of the revocation to the patient's primary
care physician, the current supervising health care professional
and any health care facility at which the patient is receiving
care.
(d) Upon revocation, the POLST form shall be void.
35-22-509. Effect of act on euthanasia; mercy killing;
construction of statute.
Nothing is this article shall be construed as condoning,
authorizing or approving euthanasia or mercy killing. In
addition, the legislature does not intend that this article be
construed as permitting any affirmative or deliberate act to end
a person's life, except to permit natural death as provided by
this article.
CHAPTER 23 - MEDICATION AIDES
35-23-101. Repealed by Laws 1991, ch. 158, § 1.
35-23-102. Repealed by Laws 1991, ch. 158, § 1.
35-23-103. Repealed by Laws 1991, ch. 158, § 1.
35-23-104. Repealed by Laws 1991, ch. 158, § 1.
35-23-105. Repealed by Laws 1991, ch. 158, § 1.
35-23-106. Sunset.
W.S. 35-23-101 through 35-23-105 are repealed effective June 30,
1996.
35-23-107. State health professional training enhancement
program.
(a) The department is authorized to provide education
training opportunities for persons engaged in the health care
professions who provide direct client care. The department may
enter into agreements with individuals entering the program and
attending an accredited university or community college program
in a health care related field of study. The terms of the
agreement shall include:
(i) The department shall provide the person an
educational assistance loan of up to six thousand dollars
($6,000.00) and up to one-half (1/2) the monthly salary the
person was earning at the time of entering an educational or
training program acceptable to the department, for each year the
person is satisfactorily enrolled in the educational or training
program;
(ii) Upon completion of the educational or training
program, the person shall work for one (1) of the departments,
institutions or health programs within the state for a period of
two (2) years for each year of education or training during
which the person received both an educational assistance loan
and salary, or if the person only received the educational
assistance loan the obligation would be one (1) year of state
employment for each year of educational assistance;
(iii) If the person fails to complete the educational
or training program or fails to return to the employ of the
state, he shall be required to immediately repay the educational
assistance loan and any unearned salary provided by the
department for attendance in the educational or training
program;
(iv) Any other provision the department deems
necessary or appropriate to accomplish the purposes of the
program.
(b) The department is authorized to enter into agreements
with health professionals who have completed a health care
educational or training program from an accredited university or
community college program to provide immediate relief for health
professional position vacancies in the state. The terms of the
agreement shall include:
(i) The department will pay up to six thousand
dollars ($6,000.00) in educational loan repayment for each year
a person is employed by the department in an area where there is
a shortage of health professionals;
(ii) The person shall work for a minimum of three (3)
years for the department under the agreement. Voluntary failure
to complete the employment obligation will require the person to
immediately repay any educational loan assistance made by the
state on the person's behalf;
(iii) Any other provision the department deems
necessary or appropriate to accomplish the purposes of the
program.
CHAPTER 24 - HEALTH CARE COOPERATIVE ARRANGEMENTS FOR
35-24-101. State health care policy; legislative findings
and declarations.
(a) It is the policy of the state to promote:
(i) The quality of health care provided to the
citizens of Wyoming;
(ii) Access to appropriate health care for all
citizens of the state, including citizens in historically
underserved populations and underserved geographic areas;
(iii) Containment of health care costs; and
(iv) A comprehensive health care system in the state.
(b) The legislature finds that the policies specified
under subsection (a) of this section will be significantly
enhanced by cooperative arrangements including joint ventures
and similar enterprises, and contracts among health care
providers and purchasers, and certain collaborative agreements
between third party payors and health care providers, that might
otherwise be prohibited by federal and state antitrust laws if
undertaken without governmental involvement. The legislature
declares that the formation and operation of cooperative
arrangements be the subject of government regulation by the
state and that state regulation be substituted for the
marketplace and market competition. The legislature intends by
provisions of this chapter, that approval of cooperative
arrangements among health care providers, purchasers and third
party payors be accompanied by appropriate conditions and
ongoing supervision and regulation of the operations of the
cooperative arrangements, in order to protect against any abuses
and to effectively except the actions of approved and regulated
cooperative arrangements from state and federal antitrust
liability.
35-24-102. Definitions.
(a) As used in this chapter:
(i) "Access" means the financial, temporal or
geographic availability of health care to consumers;
(ii) "Aggrieved party" means any provider, purchaser
or third-party payor including but not limited to any hospital,
physician, allied health professional, health care provider or
other person furnishing goods or services to or in competition
with hospitals, insurers, hospital service corporations, medical
service corporations, preferred provider organizations, health
maintenance organizations or any employer or association that
directly or indirectly provides health care benefits to its
employees or members;
(iii) "Applicant" means a party to an agreement or
business arrangement for which approval is sought under this
chapter;
(iv) "Cost" means the amount paid by consumers or
third party payors for health care services or products and the
amount of premiums charged to consumers and employers for health
insurance;
(v) "Criteria" means the costs, access and quality of
health care and the maintenance of a comprehensive health care
system in the state;
(vi) "Department" means the department of health;
(vii) "Director" means the director of the
department;
(viii) "Exception" means a document issued by the
director to parties who enter into a cooperative arrangement
verifying that the director declares the purposes and objectives
of the cooperative arrangement meet the standards prescribed
under this chapter and reflecting that the arrangement is
excepted and immune from federal and state antitrust liability;
(ix) "Health care products" means medical equipment
whether fixed or movable, used by a provider in the delivery of
a health care service;
(x) "Health care service" means any service provided
by a health care provider licensed by the state which is
generally reimbursed by medical assistance or third party
coverage, but does not include retail, over-the-counter sales of
nonprescription drugs and other retail sales of health-related
products not generally reimbursed by medical assistance and
other third party coverage;
(xi) "Provider" means any person or health care
facility licensed, registered, certified, permitted or otherwise
officially recognized by this state to provide health care in
the ordinary course of business or practice of a profession or
if a freestanding outpatient facility, a facility fee is charged
for health services provided, or any combination of providers
described in this paragraph which engages in payment or
reimbursement functions in connection with a coordinated program
for the delivery and financing of health care, including health
maintenance organizations which are wholly or partially owned
and operated by providers;
(xii) "Purchaser" means a person or organization that
purchases health care services on behalf of an identified group
of persons, regardless of whether the cost of coverage or
services is paid for by the purchaser or by the persons
receiving coverage or services;
(xiii) "Third party payor" means any insurer or other
entity responsible for providing payment for health care
services, including the worker's compensation division of the
department of workforce services and any self-insured entity;
(xiv) "Trade secrets" means proprietary data
including a formula, pattern, compilation, program, device,
method, technique or process that:
(A) Is supplied by the affected individual or
organization to the state;
(B) Is the subject of efforts by the individual
or organization that are reasonable under the circumstances to
maintain secrecy; and
(C) Derives independent economic value, actual
or potential, from not being generally known and not being
readily ascertainable by proper means by other persons who can
obtain economic value from its disclosure or use.
35-24-103. Application for exception; exception absolute
defense; liability limited; out-of-state applicants;
consultation with attorney general; rulemaking authority
granted.
(a) Providers, purchasers or any combination thereof, or
third party payors if in collaboration with a provider, wishing
to engage in contracts, business or financial arrangements or
other activities, practices or arrangements that might be
construed to be violations of state or federal antitrust laws
but which are in the best interests of the state and further the
policies and goals of this chapter, may apply to the director
for an exception.
(b) Except as provided under W.S. 35-24-115(e), approval
of an application by the department is an absolute defense
against any action under state and federal antitrust laws.
(c) The application and any information obtained by the
department under W.S. 35-24-104 through 35-24-110 that is not
otherwise available are not admissible in any civil or criminal
proceeding brought by the director or any other person based on
an antitrust claim, except:
(i) A proceeding brought under W.S. 35-24-115(e)
based on an applicant's failure to substantially comply with the
terms of the application; or
(ii) A proceeding based on actions taken by the
applicant prior to submitting the application, where the actions
are acknowledged by the applicant in the application.
(d) Providers, purchasers and third party payors not
physically located in this state who are registered to do
business in this state are eligible to apply for an exception
for arrangements in which they transact business in this state.
(e) The department shall consult with the attorney general
in carrying out duties and responsibilities under this chapter.
(f) The department shall promulgate rules and regulations
necessary to carry out this chapter.
35-24-104. Application for exception; contents; notice;
joint application; filing fee; confidentiality of trade secret
information; extension of time limitations.
(a) An application for approval of an antitrust exception
shall include to the extent applicable:
(i) A descriptive title;
(ii) A table of contents;
(iii) Exact name of each party to the application and
the address of the principal business office of each party;
(iv) The name, address and telephone number of the
persons authorized to receive notices and communications with
respect to the application;
(v) A verified statement by a responsible officer of
each party to the application attesting to the accuracy and
completeness of the enclosed information;
(vi) Background information relating to the proposed
arrangement, including:
(A) A description of the proposed arrangement,
including a list of any services or products that are the
subject of the proposed arrangement;
(B) An identification of any tangential services
or products associated with the services or products that are
the subject of the proposed arrangement;
(C) A description of the geographic territory
involved in the proposed arrangement;
(D) If the geographic territory described under
subparagraph (a)(vi)(C) of this section is different from the
territory in which the applicants have engaged in the type of
business at issue over the last five (5) years, a description of
how and why the geographic territory differs;
(E) Identification of all products or services
that a substantial share of consumers would consider substitutes
for any service or product that is the subject of the proposed
arrangement;
(F) Identification of any services or products
of the proposed arrangement which are currently being offered,
capable of being offered, utilized or capable of being utilized
by other providers or purchasers in the geographic territory
described under subparagraph (a)(vi)(C) of this section;
(G) Identification of necessary action for other
parties to enter the territory described under subparagraph
(a)(vi)(C) of this section and compete with the applicant under
current market and regulatory conditions;
(H) A description of previous dealings between
the parties to the application;
(J) A detailed explanation of the projected
effects including expected volume, change in price and increased
revenue of the arrangement on the current business of each
party;
(K) The present market share of the parties to
the application and of others affected by the proposed
arrangement and projected market shares after implementation of
the proposed arrangement;
(M) An explanation of why the projected levels
of costs, access or quality could not be achieved in the
existing market without the proposed arrangement.
(vii) A detailed explanation of the effect of the
transaction on quality, access, containment of health care costs
and the promotion of a comprehensive health care system in the
state, which shall to the extent applicable, address the factors
specified under W.S. 35-24-111(c) through (g).
(b) In addition to the information required under
subsection (a) of this section, the application shall contain a
written description of the proposed arrangement for purposes of
publication. The applicant shall also provide notice to the
public and all interested persons making timely request for
advanced notice of applications under this section. The notice
shall be approved by the director, shall include sufficient
information to advise the public of the nature of the proposed
arrangement and enable the public to provide comments concerning
the expected results of the arrangements and shall advise that
any person may provide written comments to the director, with a
copy to the applicant, within thirty (30) days of the date of
publication. If the director determines that the submitted
notice does not provide sufficient information, the director may
after consultation with the applicant and the applicant agrees
with the amendment, amend the notice before publication or
disapprove the application.
(c) For a proposed arrangement involving multiple parties,
one (1) joint application shall be submitted on behalf of all
parties to the arrangement.
(d) An application shall be accompanied by a filing fee to
be determined by the department based upon the estimated cost of
investigating, analyzing, reviewing and processing the
application, including any contested case proceeding or appeal,
in accordance with this chapter. The fee structure shall
include a sliding scale based upon revenue generated by the
parties applying for the exception during the preceding year.
The annual renewal fee shall not exceed two thousand five
hundred dollars ($2,500.00). Any unused portion of the fee
shall be refunded to the applicant. All fees collected by the
department under this subsection and W.S. 35-24-112(d) shall be
deposited into a separate account and will be available to
reimburse department start-up costs prior to submittal of the
application. Expenditures from the account shall be for expenses
incurred by the department in administering this chapter.
(e) Trade secret information including information
provided as part of the application process and ongoing
supervision, shall be protected from disclosure in accordance
with W.S. 16-4-203(d)(v). An applicant shall designate the
information provided in the application which it considers to be
protected from disclosure in accordance with W.S. 16-4-203(d).
The director shall deny public access to any information so
designated, subject to the right of a person denied inspection
to appeal to the district court in accordance with the
provisions of W.S. 16-4-203(f). Any information not so
designated shall be available for public inspection in
accordance with the provisions of W.S. 16-4-201 through
16-4-205.
(f) Upon a showing of good cause, the director may extend
any of the time limits prescribed under W.S. 35-24-106 through
35-24-110 at the request of the applicant or another person.
35-24-105. Grounds for refusal of application review.
(a) If the director determines that an application is
unclear, incomplete or provides an insufficient basis on which
to base a decision, the director shall return the application
and provide a written description of the deficiencies in the
application to the applicant. The applicant may complete or
revise and resubmit the application.
(b) The director may decline to review any application
relating to arrangements already in effect before the submission
of the application.
35-24-106. Notice of application; public comments;
objections.
(a) The director shall publish notice of application
proposals required under W.S. 35-24-104(b) and provide notice to
any person who has requested to be placed on a list to receive
notice of applications. The director may also notify and
request comments from persons as authorized under W.S.
35-24-104(b). Copies of any request received shall be provided
to the applicant in sufficient time to enable a response as
authorized under subsection (b) of this section.
(b) Within twenty (20) days after notice is published, any
person may mail to the director written comments with respect to
the application. Comments may address what type of review
procedure should be followed or specifically request that the
director conduct a contested case hearing regarding the proposed
arrangement. Persons submitting comments shall provide a copy
of the comments to the applicant. The applicant may mail to the
director written responses to any comments within ten (10) days
after the deadline for mailing comments. The applicant shall
also send a copy of the response to the person submitting the
comment.
(c) Any aggrieved party has the right to file written
objections to the application with the director within thirty
(30) days after the date of publication. A person objecting
shall submit a copy of the objections to the applicant.
35-24-107. Determination of review procedure; criteria;
right to hearing afforded.
(a) After the conclusion of the notice and comment period
prescribed under W.S. 35-24-106, the director shall subject to
subsection (b) of this section, select one (1) of the three (3)
review procedures specified under W.S. 35-24-108 through
35-24-110. In determining which procedure to use, the director
shall consider the following criteria:
(i) The size of the proposed arrangement in terms of
number of parties and amount of money involved;
(ii) The complexity of the proposed arrangement;
(iii) The novelty of the proposed arrangement;
(iv) The substance and quantity of the comments
received;
(v) The presence or absence of any significant gaps
in the factual record.
(b) Upon request by the applicant, timely filing of an
objection or a determination by the director, a contested case
hearing shall be held no later than thirty (30) days after the
conclusion of the notice, objection and comment period under
W.S. 35-24-106. The director may extend the thirty (30) day
period for good cause. The director shall hold a public hearing
as specified under W.S. 35-24-110.
35-24-108. Decision based upon written record.
(a) If a contested case hearing is not required pursuant
to W.S. 35-24-107(b) and instead of a limited hearing under W.S.
35-24-109, the director may issue a decision based on the
application, the comments and the applicant's responses to the
comments, to the extent each is relevant. In making the
decision, the director may rely upon publicly available
department of health data.
(b) A decision rendered under this section shall be in
writing and specify the items in the written record relied upon
in reaching conclusions. The applicant shall be notified of
notice taken of judicially cognizable facts as provided by W.S.
16-3-108(d).
35-24-109. Limited hearing on application; issues
identified prior to hearing; procedure; evidence; decision.
(a) If a contested case hearing is not required pursuant
to W.S. 35-24-107(b) and in lieu of W.S. 35-24-108, the director
may prior to rendering a decision on any application, order a
limited hearing. A copy of the order shall be mailed to the
applicant and to all persons who have submitted comments or
requested to be kept informed of the proceedings involving the
application. The order shall state the date, time and location
of the limited hearing and shall identify specific issues to be
addressed at the limited hearing, which may include the
feasibility and desirability of one (1) or more alternatives to
the proposed arrangement. The order shall require the applicant
to submit written evidence in the form of affidavits and
supporting documents, addressing the issues identified within
twenty (20) days after the date of the order. The order shall
also state that any person may arrange to receive a copy of the
written evidence from the director, at the person's expense, and
may provide written comments on the evidence within forty (40)
days after the date of the order. Any person providing written
comments pursuant to this subsection shall provide a copy of the
comments to the applicant.
(b) The limited hearing shall be held before the director
or a department staff member designated by the director. The
director or his designee shall question the applicant concerning
the evidence submitted by the applicant. The questions may
address relevant issues identified in the comments submitted in
response to the written evidence or identified by the department
of health staff or discovered through publicly available
department of health data. At the conclusion of the applicant's
responses to the questions, any person who submitted comments
about the applicant's written evidence may make a statement
addressing the applicant's responses to the questions. The
director or his designee may ask questions of any person making
a statement. At the conclusion of all statements, the applicant
may make a closing statement.
(c) The director's decision after a limited hearing shall
to the extent each is relevant, be based upon the application,
the comments, the applicant's response to the comments, the
applicant's written evidence, the comments in response to the
written evidence and the information presented at the limited
hearing. In making the decision, the director may rely on
publicly available department of health data.
35-24-110. Contested case hearing on application;
procedure specified; recommendations and final decisions.
(a) If required by W.S. 35-24-107, the director shall
order a contested case hearing. The director shall publish
notice of the time, date and location of the hearing in a
newspaper of general circulation at least a week prior to the
hearing.
(b) The hearing shall be conducted in an impartial manner
pursuant to the Wyoming Administrative Procedure Act, applicable
provisions of the Wyoming Rules of Civil Procedure and any rules
for the conduct of contested cases adopted by the director of
the office of administrative hearings pursuant to W.S. 9-2-2203.
The hearing shall be conducted by a hearing officer. All
factual issues relevant to a decision shall be presented in the
contested case. The attorney general may appear as a party.
Additional aggrieved parties may appear to the extent permitted
under W.S. 16-3-107. The record in the contested case includes
the application, the comments, the applicant's response to the
comments and any other evidence that is part of the record under
the Wyoming Administrative Procedure Act.
(c) The director shall issue a final decision within
thirty (30) days following receipt of recommendations of the
hearing officer.
(d) All parties appearing in a contested case shall be
provided a copy of the hearing officer's recommendation and the
director's final decision.
35-24-111. Criteria for approving application; factors
enumerated.
(a) The director shall not approve an application unless
he determines the arrangement is more likely to result in a
better overall promotion of the quality of health care, access
to health care, a lower cost for health care and the increased
availability of a comprehensive health care system in the state,
than would otherwise occur under existing market conditions or
conditions likely to develop without an exemption from state and
federal antitrust law. If a proposed arrangement appears likely
to improve certain criteria at the expense of other criteria,
the director shall not approve the application unless he
determines improvements outweigh the negative impacts and the
proposed arrangement, taken as a whole, is likely to
substantially further the purposes of this chapter.
(b) In making a determination about cost, access, quality
and the promotion of a comprehensive health care system in the
state, the director may to the extent applicable, require the
applicant to demonstrate or provide information for purposes of
considering:
(i) If the proposal includes provisions for cost
containment;
(ii) Market structure, including:
(A) Actual and potential sellers and buyers or
providers and purchasers;
(B) Actual and potential consumers;
(C) Geographic market area; and
(D) Entry conditions.
(iii) Current market conditions;
(iv) The historical behavior of the market;
(v) Performance of other similar arrangements;
(vi) If the proposal unnecessarily restrains
competition or restrains competition in ways not reasonably
related to the purposes of this chapter; and
(vii) The financial condition of the applicant.
(c) The analysis of cost by the director shall consider
the individual consumer of health care and if a proposed
arrangement will result in cost-efficiencies in the services
provided by the applicant. Cost-efficiencies to be realized by
providers, group purchasers or other participants in the health
care system also are relevant and shall be considered to the
extent any efficiencies are likely to directly or indirectly
benefit the consumer. If an application is submitted by
providers primarily paid by third party payors or persons
unaffiliated with the applicant, it is sufficient for the
applicant to show that cost savings are likely to be passed on
to the unaffiliated third party payors or persons and the
applicants shall not be required to show that third party payors
with whom the applicants are not affiliated will pass on cost
savings to individuals receiving coverage through the third
party payors. To the extent relevant and ascertainable, cost
analysis may also include the impact on overall employer
premiums for health insurance. In making determinations as to
costs, the director shall determine the extent to which:
(i) The cost savings likely to result to the
applicant;
(ii) The extent to which cost savings are likely to
be passed on to the consumer and in what form;
(iii) The extent to which overall employer premium
costs for health insurance will be decreased;
(iv) The extent to which the proposed arrangement is
likely to result in cost shifting by the applicant onto other
payors or purchasers of other products or services;
(v) The extent to which any cost shifting by the
applicant is likely to be followed by other persons in the
market;
(vi) The extent to which the proposed arrangement
reduces overall systemic cost shifting;
(vii) The current and anticipated supply and demand
for any products or services at issue;
(viii) The representations and guarantees of the
applicant and their enforceability;
(ix) Effectiveness of regulation by the director;
(x) Inferences to be drawn from market structure;
(xi) The cost of regulation, both for the state and
for the applicant; and
(xii) Any other factors showing that the proposed
arrangement is or is not likely to reduce costs.
(d) In making determinations as to access, the director
shall determine the extent to which the:
(i) Utilization of needed health care services or
products by the intended targeted population is likely to
increase or decrease. When a proposed arrangement is likely to
increase access in one (1) geographic area by lowering prices or
otherwise expanding supply, but limits access in another
geographic area by removing service capabilities from that
second area, the director shall require the applicant to
articulate the criteria employed to balance these effects;
(ii) Proposed arrangement is likely to make available
a new and needed service or product to a certain geographic
area;
(iii) Proposed arrangement is likely to otherwise
make health care services or products more financially or
geographically available to consumers, particularly persons in
historically underserved populations including indigent persons
and unserved geographic areas; and
(iv) Proposed arrangement is likely to result in a
wide distribution of appropriate health care services throughout
the state.
(e) If the director determines that the proposed
arrangement is likely to increase access and bases that
determination on a projected increase in utilization, the
director shall require the applicant to demonstrate that the
increased utilization does not result in overutilization.
(f) In making determinations as to quality, the director
shall determine the extent to which the proposed arrangement is
likely to:
(i) Decrease morbidity and mortality;
(ii) Result in faster convalescence;
(iii) Result in fewer hospital days;
(iv) Permit providers to attain needed experience or
frequency of treatment likely to lead to better outcomes;
(v) Result in more effective or efficient provider
credentialing and licensing;
(vi) Result in increased or more effective use of
clinical practice guidelines, quality assurance measures such as
continued quality improvement and other outcome measurements;
(vii) Increase patient satisfaction; and
(viii) Have any other features likely to improve or
reduce the quality of health care.
(g) Notwithstanding subsection (f) of this section, in
evaluating if a proposed arrangement improves or reduces the
quality of health care, the director shall preserve the
confidentiality of quality management functions involving health
care facilities and peer review activities involving
professional standard review organizations as set forth in W.S.
35-2-910 and 35-17-101 through 35-17-106.
(h) In making determinations as to whether a proposed
arrangement contributes to the promotion of a comprehensive
health care system in the state, the director shall determine
the extent to which the arrangement is likely to:
(i) Promote the development of and access to a wide
variety of health care services and specialties in the state;
(ii) Minimize cost-shifting in which more lucrative
patient populations and specialties are served at the expense of
other patients and specialties, resulting in fewer services
available in the state; and
(iii) Promote access to appropriate health care
services in locations throughout the state.
35-24-112. Final decision; conditions for approval;
findings; ongoing supervision and reporting; renewal fees.
(a) The director shall issue a written decision approving
or disapproving the application.
(b) The director may condition approval on a modification
of all or part of the proposed arrangement to eliminate any
restriction on competition that is not reasonably related to the
goals of reducing cost or improving access or quality. The
director may also establish conditions for approval that are
reasonably necessary to protect against abuses of private
economic power and to ensure that the arrangement is
appropriately supervised and regulated by the state.
(c) The decision by the director approving or disapproving
an application shall include specific findings of fact
concerning cost, access and quality criteria and shall identify
one (1) or more of these criteria as the basis for the decision.
(d) The decision to approve an application shall require
periodic submission of specific data by the applicant relating
to cost, access and quality and to the extent feasible, the
applicant shall identify objective standards of cost, access and
quality by which the success of the arrangement will be
measured. If the director determines that the scope of a
particular proposed arrangement is such that the arrangement is
certain to have neither a positive or negative impact on any one
(1) of the criteria, the director may not require the submission
of data or establish an objective standard relating to that
criteria. An applicant shall submit a renewal fee together with
information required under this subsection, in an amount
determined by the department subject to limitations imposed
under W.S. 35-24-104(d). Revenues from fees collected shall be
deposited into the account established under W.S. 35-24-104(d).
35-24-113. Judicial review.
After the director has rendered a decision under W.S. 35-24-112
and in accordance with W.S. 16-3-114, the applicant or any other
aggrieved party may request judicial review of the director's
decision by filing a petition for review within thirty (30) days
in accordance with the Wyoming Administrative Procedure Act. A
determination under W.S. 35-24-107(a) shall not be raised as an
issue on appeal.
35-24-114. Ongoing supervision following application
approval; procedures; solicitation of public comment on
arrangement impacts.
(a) The director shall appropriately supervise, monitor
and regulate approved arrangements consistent with subsection
(b) of this section.
(b) The decision approving the application shall specify a
time schedule for the submission of data by the applicant, which
shall be at least once a year and shall identify the data
required to be submitted. The director may at any time require
the submission of additional data or alter the time schedule.
Upon review of the data submitted, the director shall notify the
applicant on compliance of the arrangement with the initial
decision or subsequent orders. If the arrangement is not in
compliance, the director shall identify those respects in which
the arrangement does not conform to the decision.
(c) An applicant receiving notification that an
arrangement is not in compliance may respond with additional
data within thirty (30) days. The response may include a
proposal and time schedule by which the applicant will bring the
arrangement into compliance with the initial decision or
subsequent orders. If the arrangement is not in compliance and
the director and the applicant cannot agree to the terms of
bringing the arrangement into compliance, the matter shall be
set for hearing. The hearing shall be conducted as a contested
case in the manner prescribed under W.S. 35-24-110. The hearing
officer shall issue a written recommendation to the director who
shall issue a final decision within thirty (30) days following
issuance of the recommendation. A copy of the recommendation
and final decision shall be provided to all parties to the
contested case hearing. A final decision by the director is
subject to judicial review in accordance with W.S. 16-3-114.
(d) The director shall publish notice two (2) years after
the date the initial application is approved and at two (2) year
intervals thereafter, soliciting comments from the public
concerning the impact the arrangement has had on cost, access
and quality. The director may request additional oral or
written information from the applicant or from any other source.
35-24-115. Revocation of approval; conditions; notice;
public comment; hearing; revocation alternatives specified;
liability of applicant.
(a) Subject to subsection (d) of this section, the
director shall revoke his initial approval of an application if
the arrangement:
(i) Is not in substantial compliance with the terms
of the application;
(ii) Is not in substantial compliance with the
conditions of approval;
(iii) Has not and is not likely to substantially
achieve improvements in cost, access or quality or the promotion
of a comprehensive health care system in the state as identified
in the initial decision as the basis for approval of the
arrangement; or
(iv) Is not promoting reductions in cost and
improvements in access and quality to the extent competition
would do so due to changing conditions in the marketplace.
Revocation under this paragraph shall be identified in writing
by the director together with reasons therefor.
(b) The director shall initiate a proceeding to revoke
approval by providing written notice to the applicant describing
in detail the basis for the proposed revocation. Notice of the
proceeding shall be published and provided to all interested
parties in the manner and time specified under W.S.
35-24-104(b), which shall request the submission of comments to
the director.
(c) A proceeding to revoke an approval shall be conducted
as a contested case proceeding upon the written request of the
applicant. The attorney general may appear as a party. The
contested hearing shall be conducted in the manner prescribed by
W.S. 35-24-110. Decisions of the director in a proceeding to
revoke approval are subject to judicial review in accordance
with W.S. 16-3-114.
(d) In deciding whether to revoke an approval, the
director shall consider the hardship the revocation may impose
on the applicant and any potential disruption of the market as a
whole. The director shall also consider based upon a
demonstration by the applicant, if the arrangement can be
modified, restructured or regulated in a manner to remedy the
problem upon which the revocation proceeding is based. Before
approving an alternative to revocation that involves modifying
or restructuring an arrangement, the director shall publish
notice stating that any person may comment on the proposed
modification or restructuring within twenty (20) days after
publication of the notice. The director shall not approve any
modification or restructuring until the comment period has
concluded. An approved modified or restructured arrangement is
subject to appropriate supervision in the manner provided under
W.S. 35-24-114.
(e) An applicant that has had its approval revoked is not
required to terminate the arrangement. The applicant cannot be
held liable under state or federal antitrust law for acts that
occurred while the approval was in effect, except to the extent
the applicant failed to substantially comply with terms of its
application or failed to substantially comply with terms of the
approval. The applicant is subject to state and federal
antitrust law after the revocation becomes effective and may be
held liable for acts that occur after the revocation.
35-24-116. Application of insurance code.
Nothing in this chapter shall relieve an applicant or recipient
of an exception under this chapter from applicable provisions of
the Wyoming Insurance Code.
CHAPTER 25 - PUBLIC PROGRAMS
ARTICLE 1 - CHILD HEALTH INSURANCE PROGRAM
35-25-101. Uninsured child health insurance program.
There is created a child health insurance program for families
with a gross monthly income at or below one hundred eighty-five
percent (185%) of the federal poverty level, until July 1, 2005,
and thereafter, for families with a gross monthly income at or
below two hundred percent (200%) of the federal poverty level.
35-25-102. Definitions.
(a) As used in this act:
(i) "Child" means a person who has not yet reached
the nineteenth anniversary of his birth;
(ii) "Department" means the department of health;
(iii) "Federal poverty level" means the federal
poverty guideline updated annually in the federal register by
the United States department of health and human services under
the authority of section 673(2) of the Omnibus Budget
Reconciliation Act of 1981;
(iv) "Private health insurance" means an individual
insurance policy or contract for the purpose of paying for or
reimbursing the cost of dental, hospital and medical care;
(v) "State plan" means the state plan required by 42
U.S.C. 1397aa et seq. to be submitted by the state to the United
States secretary of health and human services to receive federal
funding for a child health insurance program;
(vi) "This act" means W.S. 35-25-101 through
35-25-108.
35-25-103. Child health insurance program eligibility;
services by department or private health insurance.
(a) Subject to approval of the state plan by the United
States secretary of health and human services, and subject to
available state and federal funding the department shall provide
a health insurance plan for an eligible child whose monthly
gross family income is not more than two hundred percent (200%)
of the federal poverty level. A child who is determined
eligible to receive benefits under this section shall remain
eligible for twelve (12) months as long as the child resides in
the state of Wyoming and has not yet attained nineteen (19)
years of age. A child's eligibility to receive benefits under
this act shall be redetermined on an annual basis. A simplified
application process, which includes minimum eligibility
requirements, shall be provided throughout the state at various
public and private establishments approved by the department of
health. To be determined eligible to receive benefits under this
section, a child shall not be eligible under the Wyoming Medical
Assistance and Services Act, shall not have been covered under
another health insurance plan for a minimum of one (1) month
prior to application for coverage under this act or, upon birth,
the child would not otherwise be covered by a public or private
health insurance plan. Eligibility under this section shall be
determined by the department of health or its designee.
(b) The child health insurance plan required by subsection
(a) of this section shall be provided either through a private
health insurance company licensed by the insurance commissioner
to write insurance in Wyoming or by the department of health's
division responsible for administering the Medicaid program.
The department's division shall be used to provide the insurance
plan only if it can provide the plan at a lower cost than can a
qualified private insurance company or if use of the division
will otherwise accrue more benefits to the state than will use
of a private insurance company. If the child health insurance
plan required by subsection (a) of this section is provided
through the department's division, the department shall
competitively procure the contract at least once every five (5)
years. In awarding the contract the department shall compare
the cost of operating the program through a private insurance
company to a forecasted state administered alternative.
(c) A medical provider who accepts payment for services
provided under this section shall not charge or attempt to
collect payments in excess of a rate schedule established by the
department or in excess of rates negotiated with a private
health insurance company who is offering child health insurance
pursuant to this act.
35-25-104. Program benefits.
(a) A child eligible for services under this act shall
receive benefits developed by the department as allowed by 42
U.S.C. 1397cc et seq. and that include:
(i) Cost sharing factors, not to exceed the maximum
allowable under 42 U.S.C. 1397aa et seq.;
(ii) Exclusions and limitations;
(iii) Inpatient and outpatient hospital services;
(iv) Physician services;
(v) Laboratory and x-ray services;
(vi) Well-baby and well-child care including age
appropriate immunizations;
(vii) Prescription drug coverage;
(viii) Vision coverage;
(ix) Dental coverage including preventive and basic
services; and
(x) Provision of all services through managed care
pursuant to 42 U.S.C. 1397cc(f)(3). This paragraph shall be
effective only if the child insurance program under this act is
provided through a private insurance company licensed by the
insurance commissioner to write insurance in Wyoming.
35-25-105. Repealed by Laws 2020, ch. 10, § 2.
35-25-106. Private health insurance plan request for
proposals.
(a) If the child health insurance plan required by W.S.
35-25-103 is provided through a private health insurance
company, the department shall issue a request for proposals from
qualified insurers not less than once every five (5) years, in
addition to the requirements set forth in W.S. 35-25-103(b). The
department shall award the contract for this service to an
insurer based on price, the provision of required services and
other factors listed in the department's request for proposals.
A contract for health insurance awarded under this section shall
contain provisions with respect to exclusions from coverage for
preexisting conditions that are no more restrictive than those
described in 42 U.S.C. 1397bb(b)(1)(B)(ii). The contract shall
include provisions for changes in terms and conditions and for
rebidding in case major changes are needed. The department shall
have the right to rebid the contract after two (2) years.
(b) Biennially, the department may allow a contractor
providing child health insurance pursuant to subsection (a) of
this section to adjust the price charged for the coverage, but
if the price is increased, the department may, after public
notice, rebid the contract or the department may administer the
program pursuant to W.S. 35-25-103.
(c) Repealed by Laws 2020, ch. 10, § 2.
35-25-107. Program expenditures; monitoring;
recommendations; required action to limit expenditures to budget
available.
(a) The department shall project monthly expenditures
under this act each month through the end of the biennium based
upon the level of activity for the previous months and the trend
in expenditures compared to previous expenditures. If the
projections indicate that expenditures may exceed the federal
and state funds available under this act, the department, may,
by rule and regulation and subject to availability of funds,
limit participation in the program under this section as
follows:
(i) The department may impose a partial or total
moratorium on new enrollments in the programs under this act
until funds are available to meet the needs of new enrollees;
(ii) For current recipients of benefits under this
act, priority for the continuation of funding shall be given to
those families with the lowest incomes.
(b) In the last six (6) months of the biennium, the
department shall include a projection of expenditures for the
next biennium based on the spending for the current biennium
unless the legislature provides for a different level of funding
for the next biennium.
(c) The funding for the child health insurance program
shall be deemed to be included within the division of health
care financing line item within the department of health budget
unless a separate line item is provided in the budget bill.
General fund expenditures for the child health program shall not
exceed the amount needed to match federal funds without explicit
authorization enacted in the budget bill.
35-25-108. Implementation; duties; restrictions on the
department of health.
(a) The department shall:
(i) Administer this act within the fiscal constraints
of 42 U.S.C. 1397aa et seq. and subsequent federal enactments
governing this program and the state budget as enacted by the
legislature;
(ii) Develop a state plan for child health insurance
to qualified recipients under this act and otherwise provide for
the effective administration of this act;
(iii) Maintain records on the administration of this
act and report to the federal government as required by federal
law and regulation;
(iv) Adopt, amend and rescind rules and regulations
on the administration of this act following notice and public
hearing in accordance with the Wyoming Administrative Procedure
Act;
(v) Establish indicators for measuring access,
process, quality and outcomes effectiveness in improving
children's health.
(b) The department shall not implement:
(i) The program under this act until a state plan has
been approved by the United States secretary of health and human
services or, for any modified plan, until the modified plan has
been approved if the modifications require the approval of the
United States secretary of health and human services; and
(ii) Any state plan that does not conform to the
requirements of this act.
35-25-109. Repealed By Laws 2003, Ch. 99, § 2.
35-25-110. Repealed By Laws 2003, Ch. 99, § 2.
35-25-111. Repealed by Laws 2016, ch. 20, § 2.
ARTICLE 2 - WYOMING CANCER CONTROL ACT
35-25-201. Short title.
This act shall be known and may be cited as the "Wyoming Cancer
Control Act."
35-25-202. Definitions.
(a) As used in this act:
(i) "CDC" means the federal center for disease
prevention and control;
(ii) "County cancer resource coordinator program"
means a program undertaken through a private organization,
county hospital, hospital district hospital or city or county
health department which provides local level education,
outreach, patient navigation services, community planning and
data collection in order to lessen the impact of cancer on
Wyoming people;
(iii) "Department" means the department of health;
(iv) "Evidence based" means relying on scientifically
valid evidence. Scientifically valid evidence relies on studies
and experiments including systematic reviews of multiple
randomized controlled trials or epidemiological studies, one (1)
or more randomized controlled trials, one (1) or more
epidemiological studies and the recommendations of nationally
and internationally recognized groups of experts in the field;
(v) "Medicaid" means the joint federal and state
program of health care financing for the poor authorized by
Title XIX of the federal Social Security Act and title 42 of the
Wyoming statutes;
(vi) "Statewide comprehensive cancer control steering
committee" means a committee whose mission is defined by the
2006-2010 Wyoming cancer control plan and which provides advice
and guidance to the Wyoming comprehensive cancer control
program. The committee is a private entity whose members
include government employees;
(vii) "This act" means W.S. 35-25-201 through
35-25-206.
35-25-203. Cancer control plan and program.
(a) The department shall develop a comprehensive cancer
control plan. The department shall begin with the plan and
recommendations in the Wyoming cancer control plan published in
October 2005 by the Wyoming comprehensive cancer control
consortium. The goals shall be to reduce the numbers of people
affected by cancer with improved prevention and education and,
for those individuals who are diagnosed with cancer, the goal
shall be to provide diagnostic, therapeutic and palliative
interventions that are evidence based, scientifically proven
best of care. The comprehensive cancer control plan may include:
(i) Cancer prevention and education for both the
public, health care professionals and institutions;
(ii) Evidence based early detection, screening,
diagnosis and treatment;
(iii) Research and data collection;
(iv) Palliative care including pain management and
other steps to improve the quality of life of probably terminal
cancer patients;
(v) Rehabilitation of cancer victims; and
(vi) Programs to assist cancer survivors in returning
to normal life.
(b) In financing and implementing the program established
pursuant to subsection (a) of this section the department shall
consider the use of the Medicaid program. This section does not
constitute authorization to expand the services and
eligibilities of the Medicaid program which requires specific
legislative authorization. The department may recommend such
authorization where appropriate.
(c) The department may contract with one (1) or more third
parties to develop and implement the plans authorized by this
section. Any contract awarded under this section shall be
awarded on the basis of competitive bids and shall include
specific requirements relating to outcome based evaluation.
(d) Subject to the restriction of subsection (b) of this
section, the department may accept state, federal, local and
nongovernmental funds for developing and implementing the plans
established pursuant to this section.
(e) The department may solicit proposals for grants under
this section by publication of a request for proposals. Grant
recipients under this section may include local governments,
private nonprofit organizations, schools and other organizations
as appropriate. Any grants to organizations not political
subdivisions of the state of Wyoming or under the absolute
control of the state shall be subject to any restriction
necessary to comply with Article 16, Section 6 of the Wyoming
Constitution. Any request for proposals used during the
competitive grant process shall include specific requirements
relating to outcome based evaluation of the grant recipient's
performance.
(f) The department shall collaborate and coordinate with
public and private entities including state and local
governments and the CDC to assure maximum effective use of
resources, people and money. The department shall take advice,
as appropriate, from the statewide comprehensive cancer control
steering committee.
(g) Considering funds available and the purposes for which
those funds are made available, the department shall give
emphasis to the following cancer control and prevention
programs:
(i) The county cancer resource coordinator program.
This program shall be a pilot program in two (2) sites, one (1)
urban and one (1) rural. Each program shall cover at least one
(1) county and may cover several counties. The program may be
expanded to additional sites if sufficient funds become
available;
(ii) Public education relating to cancer prevention
and awareness for all cancers;
(iii) Early detection of cancer including those
cancers identified in the state cancer control plan and
specifically including the Wyoming colorectal cancer early
detection and prevention program;
(iv) Programs and public education which promote the
reduction of risk factors to reduce cancer and other chronic
diseases within the state; and
(v) Programs and public education which enhance
treatment and quality of care of those impacted by cancer within
the state.
(h) The department may propose cancer control as a
specific line item in its biennial budget.
(j) The department shall, in accordance with the Wyoming
Administrative Procedure Act, promulgate rules and regulations
as appropriate to implement this act.
(k) The department shall report on its activities, program
outcomes, conclusions and goals for the next two (2) years under
this act to the joint labor, health and social services interim
committee. The report shall be due on October 1 of every odd
numbered year.
35-25-204. Wyoming colorectal cancer early detection and
prevention program.
(a) Subject to the availability of appropriations, the
department shall undertake a colorectal cancer screening and
prevention program for those who qualify as specified in
subsection (c) of this section.
(b) Initially the screening and prevention program funded
under this program shall consist of colonoscopies which shall
consist of both the examination of the colon and rectum and the
removal and pathological examination of polyps in accordance
with the normal standards of care for colonoscopies. After July
1, 2008, the department may, by rule and regulation, authorize
other forms of screening to participate in the program provided
these other forms of screening are evidence based and are shown
by the evidence to be as effective or as cost effective as
traditional colonoscopies.
(c) Starting July 1, 2007 Wyoming residents with incomes
at or below two hundred and fifty percent (250%) of the federal
poverty level shall be eligible to participate in this program
and this shall remain the standard if the biennial budget bill
does not establish a different standard and unless a different
standard is established pursuant to subsection (d) of this
section.
(d) Eligibility for the program set forth in this section
shall be limited to individuals who are Wyoming residents and
have been so for at least one (1) year immediately prior to
screening. The eligibility shall be for one (1) colonoscopy
every ten (10) years, counting any done before the effective
date of this act or before the individual became a Wyoming
resident. However, the department on a case-by-case basis may
authorize follow-up screening when medically indicated based on
national evidence based guidelines. Eligibility shall be
restricted to individuals who meet appropriate age requirements
in accordance with national evidence based recommendations and
are uninsured or underinsured. For persons who are underinsured,
the program shall only pay expenses not covered by insurance. In
the event that analysis shows spending in the program will
exceed the budget available, the department shall institute a
waiting list.
(e) The department shall provide reimbursement for an
eligible person's colonoscopy at the rate paid under the Wyoming
Medical Assistance and Services Act for colonoscopies, including
polyp removal. The person receiving services under this
subsection shall pay all other costs of the colonoscopy. When
the funds appropriated for this program are expended, the
department shall cease payments under this section.
(f) The department shall develop an internet based
application process for determining individual eligibility. The
result of a successful application may be a voucher that the
individual may present to a provider the department has
contracted with or may be an online statement of eligibility
that the providers can access or both. The department may use
city or county health departments, other public health offices,
providers, advocacy groups and any other appropriate
governmental or private entities to assist individuals in
completing the application process.
35-25-205. Breast and cervical cancer programs.
(a) The breast and cervical cancer program within the
department is authorized to obtain private and federal grant
funds and to seek appropriations for:
(i) Education, outreach and breast and cervical
cancer screenings for those unable to afford them;
(ii) Continuation of the existing pilot outreach
program for the medically underserved population in the Big Horn
Basin and expansion of that program to other areas of the state;
and
(iii) Implementation of the program known as the
native sisters program for outreach to members of the Eastern
Shoshone and Northern Arapaho tribes, provided that any grants
or contracts entered into pursuant to this paragraph shall
contain any restrictions necessary to comply with Article 16,
Section 6 of the Wyoming Constitution.
35-25-206. Pain management.
(a) The department may establish an acute and chronic pain
management advisory committee consisting of the following
members:
(i) One (1) employee of the department appointed by
the director who will serve as the chairman of the committee;
(ii) One (1) member appointed by the board of
medicine;
(iii) One (1) member appointed by the board of
nursing;
(iv) One (1) member appointed by the board of
pharmacy; and
(v) One (1) member of the public who has experience
in pain management appointed by the director.
(b) The members of the pain management advisory committee
shall serve at the pleasure of the director of the department
and shall meet at least two (2) times each year. The travel
expenses of the members of the pain management committee as
described in subsection (a) of this section shall be paid by
their respective departments or boards. The department shall
pay the per diem and travel expenses of the member of the public
appointed pursuant to paragraph (v) of subsection (a) of this
section and shall provide administrative support for the
operation of the committee.
(c) The committee shall perform the following functions:
(i) Research issues associated with acute and chronic
pain management including those issues assigned to the committee
by the director of the department;
(ii) Offer recommendations to the director of the
department, other state agencies and licensing boards of health
care professionals regarding policies and programs that would
manage acute and chronic pain more effectively or efficiently;
and
(iii) Make recommendations regarding legislation to
the director of the department.
ARTICLE 3 - DIABETES CARE PLANNING
35-25-301. Diabetes care planning; reports to the
legislature.
(a) The department of health shall develop a plan to
reduce the incidence of diabetes in Wyoming, improve diabetes
care, and control complications associated with diabetes. The
plan shall include identification of goals and benchmarks. The
department shall submit the plan to the joint labor, health and
social services interim committee by October 1, 2014.
(b) The department of health shall track for statistical
and trending analysis the following:
(i) The prevalence of all types of diabetes in the
state and the financial impact that diabetes is having on the
state. Items included in this assessment shall include the
number of individuals with diabetes, the number of individuals
with diabetes and family members impacted by prevention and
diabetes control programs implemented by the department, the
financial toll or impact diabetes and its complications place on
the Medicaid program and the financial toll or impact diabetes
and its complications place on the Medicaid program in
comparison to other chronic diseases and conditions;
(ii) An assessment of the benefits of implemented
programs and activities aimed at controlling diabetes and
preventing the disease;
(iii) A description of the level of coordination
existing between the department, other agencies and Eastern
Shoshone and Northern Arapaho tribes on activities, programmatic
activities and messaging on managing, treating or preventing all
forms of diabetes and its complications;
(iv) Detailed action plans for battling diabetes with
a range of actionable items for consideration by the
legislature. The plans shall identify proposed action steps to
reduce the impact of diabetes, prediabetes and related diabetes
complications. The plan shall also identify expected outcomes
of the action steps proposed in the following biennium while
also establishing benchmarks for controlling and preventing
relevant forms of diabetes; and
(v) The impact of gestational diabetes on the
Medicaid population, including an analysis of cost implications,
the number of pregnant women screened and diagnosed and patient
outcome measures and recommended strategies to reduce the impact
of the condition and to improve outcomes for this population;
(vi) The development of a detailed budget blueprint
identifying needs, costs and resources required to implement the
plan developed pursuant to this section. The blueprint shall
include a budget range for all options presented in the plan for
consideration by the legislature.
ARTICLE 4 - COMMUNITY EDUCATION PROGRAM
35-25-401. Female genital mutilation education program.
(a) The department of health, the attorney general's
office division of victim services or the department of health
and attorney general's office division of victim services
together shall develop a community education program regarding
female genital mutilation. The program shall include:
(i) Education, prevention and outreach materials
regarding the health risks and emotional trauma inflicted by the
practice of female genital mutilation;
(ii) Ways to develop and disseminate information
regarding recognizing the risk factors associated with female
genital mutilation;
(iii) Training materials for law enforcement,
teachers and others who are mandated reporters under W.S. 14-3-
205(a), encompassing:
(A) Risk factors associated with female genital
mutilation;
(B) Signs that an individual may be a victim of
female genital mutilation;
(C) Best practices for responses to victims of
female genital mutilation; and
(D) The criminal penalties associated with the
facilitation or commission of female genital mutilation.
(b) Law enforcement, teachers and others who are mandated
reporters under W.S. 14-3-205(a) shall incorporate the training
under this section into their professional development programs
and shall provide the training to employees and volunteers. To
assist state and local entities in disseminating the education
program under this section, the department of health, the
attorney general's office division of victim services or the
department of health and attorney general's office division of
victim services together shall provide necessary training
programs and technical assistance as requested.
ARTICLE 5 - 988 SUICIDE AND CRISIS LIFELINE
35-25-501. Definitions.
(a) As used in this article:
(i) "988" or "988 system" means the universal
telephone number for the national suicide prevention and mental
health crisis hotline system within the United States, operating
through the national suicide prevention lifeline or its
successor, maintained by the assistant secretary for mental
health and substance abuse under 42 U.S.C. § 290bb-36c;
(ii) "Administrator" means the administrator of the
988 system;
(iii) "Contact" means a communication with the 988
system including a call, text or chat;
(iv) "Crisis center" or "crisis hotline center" means
a center designated by the state to respond to statewide or
regional 988 contacts;
(v) "Crisis facility" means a behavioral health
center as defined by W.S. 35-1-613(a)(xvi), other provider under
W.S. 35-1-611 through 35-1-627 or an equivalently staffed and
equipped student health service;
(vi) "Department" means the department of health;
(vii) "Mobile crisis team" means a team providing
services outside of a hospital or facility setting:
(A) That includes not less than one (1)
behavioral health care professional who is capable of conducting
an assessment of a person having a behavioral health crisis, in
accordance with the professional’s permitted scope of practice
under state law, and other professionals or paraprofessionals
with appropriate expertise in behavioral health or mental health
crisis response, including nurses, social workers, peer support
specialists and others;
(B) Whose members are trained in trauma-informed
care, de-escalation strategies and harm reduction;
(C) That is able to respond in a timely manner
and, where appropriate, provide screening, assessment, health
services, stabilization, de-escalation and referrals to health,
social and other services and supports as needed;
(D) That maintains relationships with relevant
community partners, including medical and behavioral health
providers, primary care providers, community health centers and
crisis centers; and
(E) That maintains the privacy and
confidentiality of patient information consistent with federal
and state requirements.
35-25-502. Crisis center designation; powers and duties of
the department; rulemaking; report.
(a) Not later than July 1, 2023, the department shall
designate one (1) or more crisis centers to provide crisis
intervention services and crisis care coordination to persons
accessing the 988 system from anywhere in Wyoming, twenty-four
(24) hours per day and seven (7) days per week.
(b) A crisis center designated under this section shall:
(i) Have an agreement with the national suicide
prevention lifeline or its successor for participation within
the 988 system;
(ii) Meet all requirements and best practices
guidelines of the national suicide prevention lifeline;
(iii) Provide data and reports and participate in
evaluations and quality improvement activities as required by
the administrator;
(iv) Have authority to deploy crisis services,
including mobile crisis teams and coordinate access to crisis
services or other local resources as appropriate, consistent
with guidelines or best practices established by the national
suicide prevention lifeline;
(v) Meet requirements established by the national
suicide prevention lifeline for serving at-risk and specialized
populations identified by the substance abuse and mental health
services including those with co-occurring substance use by
providing linguistically and culturally competent care including
training and policies for transferring a 988 contact to an
appropriate specialized center or subnetwork within the national
suicide prevention lifeline network;
(vi) Provide follow-up services to persons accessing
the 988 system consistent with policies and guidelines of the
national suicide prevention lifeline.
(c) The department shall:
(i) Implement and provide oversight of the 988 system
as provided in this article;
(ii) Promulgate rules to allow appropriate
information sharing between and across crisis and emergency
response systems for the purpose of real-time crisis care
coordination including deployment of linked crisis services
specific to the crisis response;
(iii) Coordinate active collaborations, including
facilitating formal agreements and establishing appropriate
information sharing procedures, between any crisis center
designated under this section and appropriate community partners
including mental health and substance abuse disorder treatment
providers, primary care providers, community mental health
centers, community behavioral health centers, mobile crisis
teams, hospitals, inpatient psychiatric facilities and crisis
facilities;
(iv) In consultation with the national suicide
prevention lifeline, veteran's crisis line and other networks
approved by the substance abuse and mental health services
administration, ensure consistent public messaging about the 988
system;
(v) Provide an annual report on the usage of and
services provided by the 988 system to the joint labor, health
and social services interim committee and the substance abuse
and mental health services administration;
(vi) Review its practices under this article not less
than every four (4) years to ensure that the services provided
are and remain best evidence-based practices for suicide
prevention.
35-25-503. Mobile crisis teams.
(a) The department may provide onsite response services to
address 988 system contact through state or locally funded
mobile crisis teams. A mobile crisis team under this section
shall:
(i) Be designed in partnership with community
members;
(ii) To the extent practical, be staffed by personnel
that reflect the demographics of the community to be served;
(iii) Collect any data required by the substance
abuse and mental health services administration and consistent
with any requirements of the department.
35-25-504. Payment for crisis services.
(a) The department may provide payment for the provision
of crisis services of a contact to the 988 system if:
(i) The person is not insured or the service is not
covered by the person's health coverage; and
(ii) The service is not covered by another entity
including municipal or county programs or funding.
(b) The department may explore options for appropriate
coding of and payment for crisis services through the Medicaid
program.
35-25-505. Advisory body.
The governor shall create an advisory body or designate an
existing advisory body to provide guidance to the department,
gather feedback and make recommendations regarding the planning
and implementation of the 988 system under this article. The
advisory body may include representatives of a designated crisis
center, 911 call center, law enforcement, hospital emergency
department, individuals or family members of individuals with
lived experience with suicide prevention or behavioral health
crisis service usage and behavioral health crisis service
providers and may include members of the judicial branch
appointed by the chief justice of the supreme court.
35-25-506. 988 system trust fund; reserve account spending
policy.
(a) The 988 system trust fund account is created. The
trust account shall consist of those funds designated to the
account by law and all monies collected from federal grants and
other appropriations, contributions, grants, gifts, bequests and
donations to the trust fund account. The trust fund account is
specifically empowered to accept grants, gifts, transfers,
bequests and donations. Funds deposited within the trust fund
account are intended to be inviolate and constitute a permanent
and perpetual trust fund which shall be invested by the state
treasurer as authorized by law and in a manner to obtain the
highest return possible consistent with preservation of the
trust account corpus.
(b) During each fiscal year beginning July 1, 2024, the
earnings from the 988 system trust fund account are appropriated
to the department for expenditure as provided in subsection (d)
of this section in an amount equal to five percent (5%) of the
previous five (5) year average market value of the 988 system
trust fund account, calculated from the first day of the fiscal
year. For purposes of making the calculation under this
subsection, until the 988 system trust fund account has existed
for five (5) years, the average market value of the trust fund
shall be the average market value during the years that the
trust fund has existed. The calculation required by this
subsection shall constitute the spending policy for the 988
system trust fund account.
(c) Earnings from the 988 system trust fund account in
excess of the spending policy amount established by subsection
(b) of this section in any fiscal year shall be deposited by the
state treasurer to the 988 system trust fund reserve account,
which is hereby created. Except for monies appropriated to the
department and monies deposited back to the 988 system trust
fund pursuant to this subsection, funds deposited in the reserve
account are intended to be inviolate and constitute a permanent
and perpetual trust fund which shall be invested by the state
treasurer as authorized by law. Interest and other earnings on
funds within the reserve account shall be credited to the
reserve account. Beginning July 1, 2024 for fiscal year 2023 and
each fiscal year thereafter, the state treasurer shall transfer
unobligated funds from the reserve account to the 988 system
trust fund account as necessary to ensure that an amount equal
to the spending policy amount established in subsection (b) of
this section is available to the department, pursuant to
subsection (b) of this section, for expenditure during the
fiscal year. As soon as possible after the end of each fiscal
year, revenues in this account in excess of four hundred twenty
percent (420%) of the spending policy amount in subsection (b)
of this section shall be credited to the 988 system trust fund
account.
(d) Funds available to the department shall be prioritized
to the extent practicable to first fund those services
representing the best evidence-based practices for the
prevention of suicide, which may include the following:
(i) Creating and maintaining a statewide 988 system
pursuant to this article and in accordance with the National
Suicide Hotline Designation Act of 2020 and the federal
communication commission's rules adopted July 16, 2020 and in
accordance with national guidelines for crisis care;
(ii) Supporting or enhancing the 988 system including
providing for state designated crisis centers as provided in
W.S. 35-25-502, providing for mobile crisis teams as provided in
W.S. 35-25-503 and providing payment for crisis services as
provided in W.S. 35-25-504;
(iii) Taking other actions necessary related to the
administration of the 988 system as provided by this article;
(iv) Providing other goods or services, including
health care services, that do not infringe on fundamental
individual liberties and that, according to best evidence-based
practices, are likely to lead to the prevention of suicide.
35-25-507. Immunity for telecommunications providers.
(a) A telecommunications provider shall not be liable to
any person for any damages caused by any act or omission
relating to the origination, transmission or termination of a
contact with the 988 system unless the act or omission
constitutes willful or wanton misconduct or gross negligence.
(b) As used in this section, "telecommunications provider"
means any person that provides commercial landline telephone
service, mobile telephone service or internet protocol enabled
voice service and includes any agent or employee of the service
provider.
35-25-508. Confidentiality of information.
The information obtained through the 988 system shall be
considered a public record under W.S. 16-4-201(a)(v) and access
to the information may be denied according to law.
35-25-509. Sunset.
This article is repealed effective July 1, 2028.
ARTICLE 6 - WYOMING ADULT HEARING AID PROGRAM
35-25-601. Wyoming adult hearing aid program.
There is created a hearing aid program for adults with hearing
impairment.
35-25-602. Definitions.
(a) As used in this article:
(i) "Department" means the department of health;
(ii) "Eligible adult" means a Wyoming resident not
less than eighteen (18) years of age who has been diagnosed by a
physician or audiologist with a profound hearing impairment that
requires hearing aids and who has a monthly modified adjusted
gross family income at or below two hundred percent (200%) of
the federal poverty level;
(iii) "Federal poverty level" means the federal
poverty guideline updated annually in the federal register by
the United States department of health and human services under
the authority of section 673(2) of the Omnibus Budget
Reconciliation Act of 1981;
(iv) "Hearing aid" means as defined by W.S. 33-35-
102(a)(ii).
35-25-603. Program eligibility; benefits.
(a) Subject to available state funding, the department
shall provide hearing aids for eligible adults. Eligibility
under this section shall be determined by the department or its
designee. To be determined eligible to receive hearing aids
under this section, a person shall not be eligible to receive
hearing aids through private insurance, Medicaid, Medicare or
any other available third-party payor. Recipients shall not
receive more than one (1) set of hearing aids under this article
in any five (5) year period.
(b) An adult eligible for services under this article
shall receive:
(i) Up to one (1) hearing aid per ear at a cost of
not more than the rate paid for hearing aids under the Wyoming
Medical Assistance and Services Act and including hearing aid
insurance for loss or damage;
(ii) A hearing aid fitting at a cost of not more than
the rate paid under the Wyoming Medical Assistance and Services
Act; and
(iii) An initial set of ear molds at a cost of not
more than the rate paid under the Wyoming Medical Assistance and
Services Act.
ARTICLE 7 - WYOMING RURAL HEALTH TRANSFORMATION
35-25-701. Short title.
This act shall be known and may be cited as the "Wyoming Rural
Health Transformation Sustainability, Accountability and Fiscal
Protection Act."
35-25-702. Definitions.
(a) As used in this article:
(i) "Advisory committee" means the Wyoming rural
health transformation advisory committee created in W.S. 35-25-
703;
(ii) "Annual required distribution" means:
(A) Beginning July 1, 2026 and ending June 30,
2036, the greater of:
(I) The total program income, as defined in
2 C.F.R. § 200.1, earned during the previous fiscal year that is
required to be expended under federal statutes, federal
regulations or the terms and conditions of the Wyoming rural
health transformation plan; or
(II) Four percent (4%) of the cumulative
total of funds deposited into the perpetuity fund since
inception, as calculated on the first day of each fiscal year.
(B) Beginning July 1, 2036 and each fiscal year
thereafter, four percent (4%) of the previous five (5) year
average market value of the perpetuity fund, as calculated on
the first day of each fiscal year.
(iii) "Department" means the department of health;
(iv) "Perpetuity fund" means the Wyoming rural
health transformation perpetuity fund created in W.S. 35-25-704;
(v) "Purpose-dedicated share" means a discrete
fractional interest of the annual required distribution
allocated to a specific allowable perpetuity fund expenditure
authorized in W.S. 35-25-706;
(vi) "Rural health transformation funds" means
federal funds awarded to the state of Wyoming under the federal
rural health transformation program established by section 71401
of the federal One Big Beautiful Bill Act, P.L. 119-21;
(vii) "Wyoming rural health transformation plan"
means the rural health transformation program application
submitted to and approved by the federal government pursuant to
section 71401 of the federal One Big Beautiful Bill Act, P.L.
119-21, and shall include any terms and conditions specified in
any associated notice of award, cooperative agreement or similar
federal instrument governing the receipt or use of funds, and
any amendments thereto;
(viii) "Wyoming rural health transformation program"
means the program established in W.S. 35-25-705.
35-25-703. Wyoming rural health transformation advisory
committee; legislative liaisons.
(a) There is created the Wyoming rural health
transformation advisory committee. The advisory committee shall
be composed of nine (9) voting members, each of whom shall serve
for a term of four (4) years. The governor shall make
appointments and fill any vacancies for unexpired terms. Members
are eligible for reappointment. The governor may remove any
member as provided in W.S. 9-1-202.
(b) The director of the department or the director's
designee and the director of the state budget department or the
director's designee shall serve as ex officio members of the
advisory committee, having the right to speak but not to vote.
(c) One (1) senator appointed by the president of the
senate and one (1) representative appointed by the speaker of
the house shall serve as nonvoting legislative liaisons to the
advisory committee.
(d) The advisory committee shall select one (1) of its
voting members to serve as chairman.
(e) The advisory committee shall meet not less than two
(2) times per year.
(f) Voting members shall serve without compensation but
shall be reimbursed for expenses incurred in the performance of
their duties in the manner and amounts provided by law for state
employees. Legislative liaisons shall be paid salary, per diem
and mileage as provided in W.S. 28-5-101 when attending meetings
of the advisory council.
(g) The advisory committee shall review the operations of
the perpetuity fund and provide formal written recommendations
to the department regarding the annual required distribution and
allowable perpetuity fund expenditures. The department shall
review any recommendations from the advisory committee and
provide a written response.
(h) The advisory committee shall review and approve each
grant, award or expenditure of rural health transformation funds
in excess of five hundred thousand dollars ($500,000.00),
excluding deposits into the perpetuity fund.
35-25-704. Wyoming rural health transformation perpetuity
fund; investment; distributions.
(a) There is created the Wyoming rural health
transformation perpetuity fund. The perpetuity fund shall
consist of monies designated to the fund by law and other
contributions, grants, gifts, bequests and donations made to the
fund.
(b) The state treasurer, or the treasurer's designee, who
shall be registered under the Investment Advisor's Act of 1940,
as amended, if required to be registered by the terms of that
act, as amended, shall invest the unobligated, unencumbered
balance of the Wyoming rural health transformation perpetuity
fund as authorized by law. Investments of the perpetuity fund
shall be in accordance with subsection (c) of this section, if
effective, and W.S. 9-4-715(a) and (c) through (e) and 9-4-716.
All investment earnings shall be deposited to the perpetuity
fund. In adopting investment policy statements for the
perpetuity fund, the state loan and investment board, in
consultation with the investment funds committee, shall seek to
preserve the balance of the fund in a manner that strives for
the highest possible risk-adjusted total net return consistent
with an appropriate level of safety and liquidity to maintain a
consistent annual required distribution.
(c) If this article is enacted by the legislature pursuant
to the voting requirements of article 16, section 6(a)(ii)(B) of
the Wyoming constitution, the state treasurer may invest the
unobligated, unencumbered balance of the perpetuity fund in
equities, including stocks of corporations.
(d) All monies deposited to the perpetuity fund, including
investment earnings, shall be expended only for the allowable
perpetuity fund expenditures authorized under the Wyoming rural
health transformation program and in accordance with the terms
and conditions under which the monies are received. Rural health
transformation funds, and investment earnings thereon, expended
in violation of the terms and conditions under which the monies
are received shall be returned by the state to the federal
source from which the monies originated.
(e) Each one million dollars ($1,000,000.00) of principal
deposited to the perpetuity fund shall be allocated to one (1)
purpose-dedicated share by the department, or fractional value
thereof if a deposit is less than one million dollars
($1,000,000.00).
(f) The annual required distribution is continuously
appropriated to the Wyoming rural health transformation
expenditure account, which is hereby created. The state
treasurer shall annually credit the annual required distribution
to the expenditure account not later than September 30 of each
year. Monies in the expenditure account shall only be expended
by the department for allowable perpetuity fund expenditures
under W.S. 35-25-706, the Wyoming rural health transformation
plan and all other requirements and limitations specified in
this article. Any unexpended, unobligated funds remaining from
an annual required distribution, after a reasonable period for
expenditure for which the funds were continuously appropriated,
as recommended by the advisory committee and determined by the
department, shall revert to the Wyoming rural health
transformation perpetuity fund.
(g) Subject to W.S. 35-25-706(a), the total amount of the
annual required distribution expended on each allowable
perpetuity fund expenditure shall reasonably reflect the total
number of purpose-dedicated shares initially allocated to that
expenditure, divided by the total number of all purpose-
dedicated shares in the perpetuity fund.
35-25-705. Wyoming rural health transformation program.
There is established the Wyoming rural health transformation
program within the department. The department shall administer
the program. The program shall be implemented in accordance
with the Wyoming rural health transformation plan and shall be
limited to the allowable perpetuity fund expenditures authorized
in W.S. 35-25-706 and the time-limited initiatives authorized in
W.S. 35-25-707. The department shall promulgate rules necessary
to implement this section and the program.
35-25-706. Wyoming rural health transformation program;
allowable perpetuity fund expenditures.
(a) Subject to the availability of funds, the department
shall expend the annual required distribution solely for the
allowable perpetuity fund expenditures authorized under this
section. The allocation of purpose-dedicated shares and
annually required distribution expenditures shall seek to
achieve the percentage targets for support, grants and awards
specified in this section. Upon a written recommendation of the
advisory committee, the department may materially deviate from
the percentage targets specified in this section to the extent
necessary to meet documented need and demonstrated demand for
the support, grants and awards specified in this section.
(b) Forty and seven-tenths percent (40.7%) of the annual
required distribution shall be allocated for the critical access
hospital basic incentive (CAHB) program. Under this program,
the department shall provide incentive payments to hospitals
that elect to participate and that meet service delivery
requirements, subject to all of the following:
(i) A participating hospital shall operate a staffed
twenty-four (24) hour emergency department with stroke and
trauma imaging capability, provide or operate ground ambulance
services within its service area, provide basic labor and
delivery services if annual births exceed a threshold
established by the department and participate in the statewide
health information exchange;
(ii) Incentive payments under this subsection may
include tiered payments, one (1) time grants, medical debt
relief for Wyoming residents and ongoing payments to offset
fixed costs.
(c) Twenty-six and nine-tenths percent (26.9%) of the
annual required distribution shall be allocated for emergency
medical service regionalization. After the submission of a
statewide emergency medical services response time model to the
joint labor, health and social services interim committee as
provided in paragraph (i) of this subsection, the department
shall provide incentive payments to emergency medical service
providers that elect to participate and that meet
regionalization requirements established by rule of the
department, subject to the following:
(i) The department shall not require or implement
emergency medical service regionalization under this subsection
unless it first submits to the joint labor, health and human
services interim committee a statewide emergency medical service
response time model demonstrating no increase in emergency
response times, staffing projections including volunteer
impacts, inter-county governance and authority agreements and
full cost estimates of regionalization, including long-term
maintenance costs;
(ii) Eligibility for incentive payments under this
subsection shall be limited to joint applications submitted by
two (2) or more ground ambulance providers serving a contiguous
rural or frontier region;
(iii) Joint applicants shall submit a regionalization
plan to the department demonstrating maximization of revenue
sources, integration with public safety answering points, use of
interoperable equipment and technology, reduction of
administrative overhead and commitment to community emergency
medical services and tele-crisis stabilization services;
(iv) Incentive payments under this subsection shall
include ongoing payments to offset fixed readiness costs and
grants for ambulances, interoperability equipment and
implementation of regional medical dispatch.
(d) Twenty-one and six-tenths percent (21.6%) of the
annual required distribution shall be allocated for workforce
education individual support. The department shall administer
awards to individual persons for health care workforce education
and training costs, including tuition, fees and stipends,
subject to the following:
(i) Awards under this subsection shall be used to pay
allowable education and training costs for eligible applicants
pursuing credentials in one (1) or more of the following fields:
(A) Nursing, including certified nursing
assistant, licensed practical nurse, registered nurse and
advanced practice registered nurse programs;
(B) Emergency medical services, including
emergency department technician, emergency medical responder,
emergency medical technician and paramedic programs;
(C) Clinical behavioral health professions;
(D) Physician education, including undergraduate
medical education.
(ii) As a condition of receiving an award under this
subsection, an applicant shall agree to provide health care
services in Wyoming for a minimum of five (5) years following
completion of the approved program, under terms and conditions
established by the department;
(iii) An applicant who fails to satisfy the service
obligation required under paragraph (ii) of this subsection
shall be required to repay to the department all or a prorated
portion of the award, together with any applicable interest, as
determined by rule of the department.
(e) Ten and eight-tenths percent (10.8%) of the annual
required distribution shall be allocated for physician post-
graduate medical education (GME) individual support. The
department shall administer awards to individuals for physician
medical education, including residency and fellowship training
costs, subject to the following:
(i) In awarding funds under this subsection, the
department shall prioritize awards to applicants in programs
that will increase the supply of family medicine physicians and
that provide training in obstetrics or other high-demand
specialties, as determined by the department;
(ii) As a condition of receiving an award under this
subsection, an applicant shall agree to provide health care
services for a minimum of five (5) years in one (1) or more
underserved counties within the state, under terms and
conditions established by rule of the department.
35-25-707. Wyoming rural health transformation program;
time-limited initiatives; sunset.
(a) Subject to the availability of rural health
transformation funds and subsection (b) of this section, the
department is authorized to expend funds for time-limited
initiatives in amounts that seek to achieve the following
percentage targets:
(i) Thirty-six and four-tenths percent (36.4%) of
amounts available for time-limited initiatives for integrated
primary care. Expenditures under this paragraph shall be for
competitive grants to expand the number and geographical reach
of federally qualified health centers in the state through
conversion of existing facilities and practices for the
integration of primary care delivery models that coordinate
primary medical care with behavioral health services, obstetric
and gynecological care, dental services and preventive health
services;
(ii) Fifteen and one-tenths percent (15.1%) of
amounts available for time-limited initiatives for a technology
adoption challenge program. Expenditures under this paragraph
shall be for competitive grants for health care technology
procurement. Grants under this paragraph shall be awarded only
to joint applications submitted by two (2) or more health care
providers and shall be limited to projects that improve care
delivery closer to patients' homes, enhance interoperability and
coordination among providers and reduce administrative activity;
(iii) Nine and eight-tenths percent (9.8%) of amounts
available for time-limited initiatives for exercise and diet
programs. Expenditures under this paragraph shall be for
competitive grants to Wyoming-based entities to promote physical
activity and healthy nutrition. Projects that demonstrate
measurable increases in participation in exercise, outdoor
recreation or evidence-based nutrition practices shall be
prioritized for the grants under this paragraph;
(iv) Eight and two-tenths percent (8.2%) of amounts
available for time-limited initiatives for a statewide tele-
specialist platform. Expenditures under this paragraph shall be
for the procurement and operation of a centralized tele-
specialty platform to deliver physician-level specialty
consultations to health care providers statewide;
(v) Eight and two-tenths percent (8.2%) of amounts
available for time-limited initiatives for workforce education
startup costs. Expenditures under this paragraph shall be for
competitive grants to support health care workforce training
programs operated by educational institutions within the state.
Grants under this paragraph shall be awarded to recipients that
commit to establishing and maintaining a specified number of
training positions for nurses, emergency medical service
personnel, physicians, clinical behavioral health providers and
other health care professionals;
(vi) Eight and two-tenths percent (8.2%) of amounts
available for time-limited initiatives for care coordination.
Expenditures under this paragraph shall be for competitive
grants to hospitals, health care providers and rural health
facilities to propose clinically integrated care coordination
models for one (1) or more counties to improve the management of
chronic disease among persons who are dually eligible for
Medicare and Medicaid and who are identified as high risk.
Funding awarded under this paragraph may include capped start-up
costs, a per-member, per-month care coordination payment for
assigned persons and performance-based payments tied to
demonstrated cost savings;
(vii) Four and nine-tenths percent (4.9%) of amounts
available for time-limited initiatives for centralized billing
capacity. Expenditures under this paragraph shall be for
centralized billing and revenue collection services for
voluntarily participating emergency medical services agencies.
This centralized billing capacity initiative may be expanded to
other health care providers if the initiative demonstrates
effectiveness and financial sustainability;
(viii) Two percent (2.0%) of amounts available for
time-limited initiatives for a nonemergency transportation
coordination platform. Expenditures under this paragraph shall
be for the procurement and operation of a centralized
nonemergency medical transportation coordination platform to
improve access to health care appointments for seniors, persons
with disabilities and other eligible populations. The platform
shall facilitate the scheduling, coordination and billing of
nonemergency transportation;
(ix) Two and six-tenths percent (2.6%) of amounts
available for time-limited initiatives for administration.
Expenditures under this paragraph include any administrative
costs necessary to implement the rural health transformation
program, including expenses of the advisory committee;
(x) Four and six-tenths percent (4.6%) of amounts
available for time-limited initiatives included in the Wyoming
rural health transformation plan that are not specifically
authorized in this subsection shall be redistributed for
expenditure on the initiatives authorized under this subsection.
(b) Upon a written recommendation of the advisory
committee, the department may materially deviate from the
percentage targets specified in subsection (a) of this section
to the extent necessary to meet documented need and demonstrated
demand for the time-limited initiatives specified in subsection
(a) of this section.
(c) The authority to administer the time-limited
initiatives and any funds for the initiatives under subsection
(a) of this section shall terminate upon exhaustion of all rural
health transformation funds appropriated or otherwise made
available for the initiatives specified in subsection (a) of
this section.
35-25-708. Prohibited uses; legislative notice; reporting.
(a) In addition to any other limitations imposed by state
or federal law, no expenditure of rural health transformation
funds shall be made for abortions or for specified sex-trait
modification procedures, as defined in 45 C.F.R. § 156.400.
(b) Each grant, award or expenditure of rural health
transformation funds in excess of five hundred thousand dollars
($500,000.00) shall require written approval of the advisory
committee and notice to the legislature not less than ten (10)
days prior to authorization of the grant, award or expenditure.
For authorized perpetuity fund expenditures, the notice shall
identify the proposed recipient, amount, purpose and material
terms of the grant, award or expenditure. For time-limited
initiatives, legislative notice shall be satisfied by the
department providing written notice to the joint appropriations
committee in a manner similar to the process specified in W.S.
9-2-1005(b)(ii) and 9-2-1013(b).
(c) The state budget department, in consultation with the
department, shall develop and maintain an electronic reporting
portal to provide current information on expenditures and
program activity of rural health transformation funds.
35-25-709. Recipient reporting; performance and
accountability agreements; repayment.
(a) The department shall require each recipient of funds
under the Wyoming rural health transformation program to submit
reports sufficient to demonstrate compliance with applicable
state and federal requirements. At a minimum, required reporting
shall include detailed expenditure information, performance
measures and documentation demonstrating the authorized use of
funds.
(b) The department shall require each recipient hospital,
clinic, emergency medical service provider or other health care-
related organization receiving funds under the programs
authorized in W.S. 35-25-706 to enter into a written performance
and accountability agreement with the department. At a minimum,
the agreement shall include requirements relating to:
(i) Operating margin targets;
(ii) Days cash on hand;
(iii) Liquidity ratio benchmarks;
(iv) The adoption of modernization and efficiency
practices, including improved revenue cycle management systems;
(v) The development and implementation of a plan to
reduce unprofitable, duplicative or nonessential service lines;
(vi) Participation in shared services, regional
collaboration or other cost-containment arrangements where
feasible; and
(vii) Submission of independent financial audits to
the department for annual collection and transmittal to the
joint appropriations committee.
(c) A recipient of funds under the Wyoming rural health
transformation program that fails to comply with a requirement,
condition or obligation imposed by statute, rule or performance
and accountability agreement, or that fails to meet required
performance targets, misuses funds, expends funds for purposes
not authorized under state or federal law or fails or refuses to
implement required operational reforms, shall repay to the
department all or a prorated portion of the funds received, as
determined by the department. The department may recover amounts
owed under this subsection by any means authorized by law.
CHAPTER 26 - AUTOMATED EXTERNAL DEFIBRILLATORS
35-26-101. Automated external defibrillators; definitions.
(a) As used in this article:
(i) "Automated external defibrillator (AED)" means a
medical device heart monitor and defibrillator that:
(A) Has received approval of its premarket
notification filed pursuant to U.S. Code, title 21, section
360(k) from the U.S. Food and Drug Administration;
(B) Is capable of recognizing the presence or
absence of ventricular fibrillation or rapid ventricular
tachycardia, and is capable of determining, without intervention
by an operator, whether defibrillation should be performed; and
(C) Upon determining that defibrillation should
be performed, automatically charges and delivers, or requests
delivery of, an electrical impulse to an individual's heart.
35-26-102. Possession of automated external defibrillator.
(a) In order to ensure public health and safety, all
persons who possess an AED shall:
(i) Obtain appropriate training in cardiopulmonary
resuscitation (CPR) and in the use of an AED by the American
Heart Association, American Red Cross or by another nationally
recognized, or Wyoming department of health recognized, course
in CPR and AED use and maintains currency through refresher
training every two (2) years; and
(ii) Ensure that the AED is maintained and tested
according to the manufacturer's guidelines.
(iii) Repealed by Laws 2005, ch. 89, § 2.
(b) Any person or entity in possession of an AED shall
notify an agent of the emergency communications center and the
local ambulance service of the existence, location and type of
AED.
35-26-103. Limited liability for use of automated external
defibrillator.
(a) Any person who uses or attempts to use an automated
external defibrillator device on a victim of a perceived medical
emergency, any prescribing physician who authorizes the purchase
of the AED and any individual who provides training in
cardiopulmonary resuscitation (CPR) in the use of an AED shall
be immune from civil liability for any harm resulting from the
use or attempted use of such device, unless the harm involved
was caused by willful or criminal misconduct, gross negligence,
reckless misconduct or a conscious, flagrant indifference to the
safety of the victim who was harmed.
(b) Any person responsible for the site where the AED is
located shall be immune from civil liability for any personal
injury that results from any act or omission of acts that do not
amount to willful or wanton misconduct or gross negligence if
that person complies with the requirements of W.S. 35-26-102.
(c) Any clinical use of the AED shall be reported to the
licensed physician.
CHAPTER 27 - PUBLIC HEALTH NURSES INFANT HOME VISITATION
SERVICES
35-27-101. Definitions.
(a) As used in this act:
(i) "Department" means the Wyoming department of
health;
(ii) "TANF" means the federal temporary assistance to
needy families program authorized by Pub. L. 104-193;
(iii) "Program" means the public health nursing
infant home visitation subprogram created by this act;
(iv) "This act" means W.S. 35-27-101 through
35-27-104.
35-27-102. Public health nursing infant home visitation
subprogram created; eligibility.
(a) There is created the public health nursing infant home
visitation subprogram.
(b) Pregnant women, or families with infants, are eligible
for services of the program if:
(i) The delivery of the newborn or the prenatal care
is paid for, or is eligible to be paid for, under the Wyoming
Medical Assistance and Services Act or the woman is eligible for
services under the women's, infants' and children's supplemental
food program;
(ii) The mother is confined to a county jail, the
Wyoming women's center or any other correctional facility in the
state, or is on probation or parole as a result of a conviction
of a criminal offense;
(iii) The mother has a mental illness or substance
abuse problem and is an inpatient at the Wyoming state hospital,
a psychiatric hospital or an inpatient treatment facility, or is
referred for services by a community mental health center; or
(iv) The mother is a victim of domestic abuse.
(c) The services provided under the program shall
ordinarily be available only until the infant has attained
twenty-four (24) months of age, but may be extended by the
public health nurse to an older age in cases of special need.
(d) The program shall:
(i) To the extent practical and needed, provide
prenatal contacts and follow-up contacts with each eligible
pregnant woman. If another agency or program is actually
performing adequate prenatal contacts, the program created under
this act shall defer to that agency or program, or develop an
agreement on a county by county or region by region basis as to
which program will provide the contacts to avoid duplication;
(ii) To the extent needed where there were prenatal
contacts, and to the extent practical where adequate contact was
not made with the eligible mother prior to delivery, as soon as
practical after the mother and infant return to their home,
conduct a welcome home visit for the infant in the family home.
During the welcome home visit, the public health nurse may, as
appropriate:
(A) Provide information in written, audio or
video format on the care and nurturing of infants;
(B) Provide information on recommended
immunizations;
(C) Provide available supplies and equipment
useful in the caring for infants. The public health nurses may
accept donations of such supplies and equipment; and
(D) Assess the infant and the infant's
circumstances in accordance with departmental instructions and
protocols and, as needed, plan follow-up visits and services and
refer the mother to other community or governmental resources,
programs and providers.
(e) The department shall:
(i) Establish home visitation subprograms within
available resources and shall initially use the following
implementation priorities in case of shortage of resources:
(A) First time pregnant women under the age of
twenty (20) years who are eligible for assistance under the
Wyoming Medical Assistance and Services Act or the women's,
infants' and children's supplemental food program;
(B) Any pregnant woman or family in need of the
services of the program who is referred by an attending
physician;
(C) First time births to women who, regardless
of age, are eligible for assistance under the Wyoming Medical
Assistance and Services Act or the women's, infants' and
children's supplemental food program;
(D) Premature births;
(E) Victims of domestic abuse;
(F) Pregnant women or mothers with a mental
illness or substance abuse problem;
(G) Pregnant women or mothers confined to a
county jail, the Wyoming women's center or any other
correctional facility in the state, or on probation or parole as
a result of a conviction for a criminal offense; and
(H) Subsequent pregnancies and births where the
woman or family is eligible for assistance under the Wyoming
Medical Assistance and Services Act or the women's, infants' and
children's supplemental food program.
(ii) Modify the priority list required under
paragraph (i) of this subsection as needed;
(iii) Develop or specify protocols for public health
nurses to use in the program;
(iv) Provide training for the nurses conducting the
visits; and
(v) Where a county or municipal health department or
health district exists, contract with the governing body of that
department or district:
(A) For the provision of the program's services;
or
(B) To provide the public health nurses to
conduct the program.
(f) The department may subcontract with providers of
research based, nonnurse models for home visiting services, as
appropriate and indicated by client assessment, to secure the
most effective services available for the eligible populations.
(g) The public health nurses responsible for each county
shall jointly for that county develop a list of programs,
resources and providers to whom referrals may be made and the
types of referrals that may be made to each entity. The lists
shall be reviewed at least annually with the county health
officer, the manager of the department of family services field
office serving the county, the preschool developmental
disability program serving the county and the county or
municipal human services agency or coordinator, if any.
(h) Any physician providing prenatal care or delivering a
baby where the care or delivery is eligible for reimbursement
under the Wyoming Medical Assistance and Services Act may,
unless contraindicated, refer the expectant mother or the infant
to the public health nurse serving the county for placement in
the program. Physicians may refer other pregnant women, infants
or families to the program as medically needed. The referrals
shall begin once the program is operational within the county.
35-27-103. Program evaluation and statistical information.
(a) It shall be the goal of the program in each county to
provide appropriate nursing contact to all eligible women. The
department shall statistically track, in order to provide
trending reports as needed, the number of known eligible births,
the number receiving appropriate contacts, the number of women
needing follow-up services and the number who did not receive
follow-up services broken down by cause as follows:
(i) The number who refused service;
(ii) The number who did not receive follow-up
services due to lack of resources;
(iii) The number who did not receive services for
other reasons, which reasons may be specified to the extent
useful.
(b) If the report required under subsection (a) of this
section shows that appropriate contacts were not made for
ninety-five percent (95%) of the eligible births, or less than
seventy-five percent (75%) of the women needing follow-up
services received them, the department shall provide a written
explanation of the reasons why the goals and objectives of the
program under this section were not met.
(c) The department shall collect statistics to the extent
practical to permit evaluation of the success of the program in
achieving the reduction:
(i) In abuse of the infants;
(ii) Of subsequent out of wedlock pregnancies by the
visited mothers;
(iii) In problems resulting from substance abuse;
(iv) In number of arrests among mothers under the
program;
(v) In the use of tobacco products by mothers under
the program;
(vi) In violent and anti-social behavior by infants
under the program once they reach adolescence and young
adulthood, as measured by arrests and convictions.
35-27-104. Program funding.
The department shall report to the legislature any reduction in
federal temporary assistance to needy families (TANF) program
funds which results in the need for additional state funds to
administer W.S. 35-27-101 through 35-27-104. The provisions of
W.S. 35-27-101 through 35-27-104 shall not be effective one
hundred eighty (180) days after the adjournment of the
legislative session next following the submission of the report,
unless the legislature appropriates the additional funds
required.
CHAPTER 28 - PUBLIC POOL AND SPA HEALTH AND SAFETY
35-28-101. Definitions.
(a) As used in this act:
(i) "Bathhouse" means a structure that contains
dressing rooms, showers and toilet facilities for use with an
adjacent public pool;
(ii) "Department" means the Wyoming department of
agriculture;
(iii) "Director" means the director of the Wyoming
department of agriculture or his duly authorized representative;
(iv) "Imminent health hazard" means a significant
threat or danger to health when there is evidence sufficient to
show that a product, practice, circumstance or event creates a
situation that requires immediate correction or cessation of
operation to prevent injury based on:
(A) The number of potential injuries; and
(B) The nature, severity and duration of the
anticipated injury.
(v) "Local health department" means a health
department established by a county, municipality or district
pursuant to W.S. 35-1-301 et seq.;
(vi) "Person" means municipalities, recreation boards
of trustees, counties, state agencies, individuals,
corporations, partnerships, enterprises or associations;
(vii) "Pool" means an artificial structure containing
water used for swimming, bathing, diving, surfing, wading or a
similar use and operated by an owner, lessee, operator, licensee
or concessionaire regardless of whether a fee is charged for
use;
(viii) "Public pool" means a pool that is open to the
public or a segment of the public;
(ix) "Regulatory authority" means the authority which
issued the license or adopted the rule or regulation being
enforced including the department of agriculture or local health
department;
(x) "Spa" means a bathing facility including, but not
limited to, a hot tub or whirlpool designed for recreational or
therapeutic use and not designed to be drained, cleaned and
refilled for each use. Spas are designed to provide a means of
agitation, which may include, but is not limited to, hydro jet
circulation, hot water, cold water, mineral baths, air induction
systems or any combination thereof;
(xi) "Swimming pool" means a body of water, other
than a natural swimming area, maintained exclusively for
swimming, recreative bathing or wading, and includes
appurtenances used in connection with the swimming pool;
(xii) "Waterborne disease outbreak" means the
occurrence of two (2) or more cases of a similar illness
resulting from the ingestion of water from a common water
source;
(xiii) "Waterborne illnesses" means illnesses caused
by microorganisms, including, but not limited to,
cryptosporidium, giardia, pseudomonas, E. coli 0157:H7 and
shigella and spread by accidentally swallowing water that has
been contaminated with fecal matter;
(xiv) "This act" means W.S. 35-28-101 through
35-28-110;
(xv) "Flow-through pool" means an artificial or
partially artificial pool that depends on the natural flow of
water to maintain adequate water quality.
35-28-102. Establishment of a safety program.
(a) The director shall establish and maintain a public
pool and spa health and safety program. The director shall carry
out provisions of the public pool and spa health and safety
program and shall be assisted by the department of health. A
local department of health, if established according to law, may
establish and maintain its own local public pool and spa health
and safety program so long as the program meets the requirements
of this act and regulations adopted pursuant to this act. The
director or his designee shall:
(i) Gather health and safety information related to
public pools and spas and disseminate the information to the
public, public pool or spa industry and local departments of
health which have implemented a health and safety program;
(ii) On a voluntary basis, provide health and safety
training for the pool and spa industry in this state, and work
with other state, local and federal agencies to coordinate
public health and safety educational efforts;
(iii) Regulate the health and safety of public pools
and spas. In any area which does not have a local public health
and safety program established pursuant to law, the department
shall issue licenses, conduct inspections and hold hearings to
enforce any legal provision or rule adopted under this act;
(iv) Maintain a statewide database of public pool and
spa license and inspection results;
(v) Work with federal, state and local agencies to
coordinate public health and safety efforts and activities
related to public pools and spas and coordinate with all other
agencies to maintain consistency in inspection and enforcement
activities;
(vi) Establish health and safety priorities related
to public pools and spas for this state;
(vii) Provide laboratory support if needed for the
analysis of water samples used to support inspection activities
and to monitor health and safety;
(viii) Provide support for local health and safety
programs related to public pool and spa programs as authorized
by the legislature;
(ix) Take appropriate action against any person
holding a public pool and spa license for the purpose of
protecting the public health and preventing the transmission of
infectious disease.
(b) The director of the department of health or his
designee shall:
(i) Investigate all possible waterborne illnesses and
outbreaks and request assistance from the department of
agriculture and local health departments as necessary;
(ii) Provide support for local health and safety
programs related to public pool and spa programs as authorized
by the legislature;
(iii) Provide laboratory support for water inspection
and accompanying monitoring activities for the health and safety
of a public swimming pool or spa.
(c) Duties of a local health department shall include:
(i) Issuing licenses, conducting inspections, holding
hearings and taking enforcement actions as necessary to carry
out the provisions of the health and safety program related to
public pools and spas;
(ii) Coordinating activities with the department of
agriculture in order to provide for statewide consistency; and
(iii) Reporting to the department of health any
waterborne outbreak of illness and assisting the department of
health in any outbreak investigations if requested.
(d) A local jurisdiction may provide laboratory support
for water inspection and accompanying monitoring activities for
the health and safety of a public swimming pool or spa.
35-28-103. Prohibited acts.
No person shall violate this act or any regulation adopted in
accordance with the provisions of this act.
35-28-104. Cease operations order; injunctive proceedings.
(a) If the director of the department of agriculture or
the director of the department of health has probable cause to
believe that an imminent hazard to the public exists from a
violation of this act, he may order any person to immediately
cease the practice believed to be a violation of this act and
shall provide the person an opportunity for hearing pursuant to
the Wyoming Administrative Procedure Act within ten (10) days
after issuing the order.
(b) In addition to any other remedies, the director may
apply to the district court for injunctive relief from any
person who violates this act.
35-28-105. Penalties.
Any person who knowingly and intentionally violates any
provision of this act or regulation adopted pursuant to this act
is guilty of a misdemeanor punishable by imprisonment for not
more than six (6) months, a fine of not more than seven hundred
fifty dollars ($750.00), or both.
35-28-106. Regulations.
The director may adopt regulations necessary for the efficient
enforcement of this act and to ensure that appropriate sanitary
conditions, public safety and water quality standards are met by
any person engaged in operating a public pool or spa.
35-28-107. Inspections, examinations.
(a) For purposes of enforcement of this act, the director
may, upon presenting appropriate credentials to the owner,
operator or agent in charge:
(i) Enter at a reasonable time any public pool or
spa; and
(ii) Inspect at any reasonable time and within
reasonable limits and in a reasonable manner any public pool or
spa and all pertinent equipment, finished and unfinished
materials and obtain samples necessary for the enforcement of
this act. The frequency of inspections shall be based on the
relative risk to public health and safety, with no such facility
receiving less than one (1) inspection per year.
(b) Upon completion of any inspection under this section
but before leaving the premises, the director shall give to the
owner, operator or agent in charge a report in writing setting
forth any conditions or practices observed by him which in his
judgment indicate that any public pool or spa:
(i) Is not being maintained in whole or in part in a
clean and sanitary condition, in good repair and free of safety
hazards;
(ii) Through testing, contains water which does not
comply with the requirements set forth in the regulations;
(iii) Is failing to meet generally accepted health
practices for pool and spa operation in compliance with the laws
and rules pertaining to public pools and spas;
(iv) Is failing to keep and maintain records
pertaining to the operation and maintenance of the public pool
or spa as required by the regulations.
35-28-108. License required; electronic transmittals.
(a) Any person operating a public pool or spa shall obtain
a license from the department of agriculture or a local health
department and shall be thoroughly knowledgeable on good
practices of swimming pool and spa operation and with the laws
and rules pertaining to public swimming pools, spas and similar
installations. The license is not transferable, shall be renewed
on an annual basis and shall be prominently displayed in the
facility. No public pool or spa shall operate without a valid
license.
(b) Written application for a new license shall be made on
a form approved by the department of agriculture and provided by
the department of agriculture or the local health department and
shall be signed by the applicant. An initial license fee of one
hundred dollars ($100.00) shall accompany each application. All
licenses shall expire June 30 of each year unless suspended,
revoked or renewed. Licenses shall be renewed each year upon
application to the department accompanied by a fee of fifty
dollars ($50.00). Any public pool or spa which has a license on
the effective date of this section shall pay a fee of fifty
dollars ($50.00) for the following year and shall not be liable
to pay the initial license fee of one hundred dollars ($100.00).
(c) Fees collected under this section shall be deposited
in a special account within the department of agriculture's
consumer health services food and license account and
distributed monthly as follows:
(i) In any county, city or district without a local
health department established pursuant to W.S. 35-1-301 et seq.,
the department of agriculture shall receive ninety percent (90%)
of the fee collected and the department of health shall receive
ten percent (10%). The revenues received by the department of
agriculture under this paragraph shall be used to defray the
cost associated with the public health and safety program
related to public pools and spas;
(ii) In any county, city or district with a local
health department established pursuant to W.S. 35-1-301 et seq.,
the local health department shall receive eighty-five percent
(85%) of the amount of the fee collected, the department of
agriculture shall receive ten percent (10%) and the department
of health shall receive five percent (5%). The revenues received
by the department of agriculture under this paragraph shall be
used to defray the cost associated with the public health and
safety program related to public pools and spas.
(d) Before approving an application, the department of
agriculture or the local health department shall determine that
the facility is in compliance with this act and any regulations
adopted pursuant to this act.
(e) The director may allow the licensing, testing,
inspection and reporting requirements of this chapter to be
conducted electronically as provided by the Uniform Electronic
Transaction Act, W.S. 40-21-101 through 40-21-119 and any
applicable federal electronic requirements.
35-28-109. Summary suspension of a license.
(a) A regulatory authority may summarily suspend a license
to operate a public pool or spa if it determines through
inspection, water quality testing, records or other authorized
means, or after consultation with the state health officer, that
an imminent health hazard exists including, but not limited to,
fire, flood, extended interruption of electrical or water
service, sewage backup or waterborne illness or disease.
(b) The regulatory authority may summarily suspend a
license by providing written notice of the summary suspension to
the license holder or the person in charge without prior
warning, notice of a hearing or a hearing.
(c) The regulatory authority shall conduct an inspection
of the facility for which the license was summarily suspended
within forty-eight (48) hours after receiving notice from the
license holder stating that the conditions cited in the summary
suspension order no longer exist.
(d) A summary suspension shall remain in effect until the
conditions cited in the notice of suspension no longer exist and
their elimination has been confirmed by the regulatory authority
through reinspection and other means as appropriate. A suspended
license shall be reinstated immediately if the regulatory
authority determines that the imminent health hazard no longer
exists. A notice of reinstatement shall be provided to the
license holder or person in charge of the facility.
35-28-110. License revocation.
(a) A regulatory authority may initiate revocation
proceedings for a license by serving a complaint signed by the
director or the director of a local department of health. The
application shall be accompanied by an affidavit of the director
or director of the local department of health stating:
(i) The condition for the summary suspension has not
been corrected;
(ii) There is a history of noncompliance with this
act or the regulations adopted under this act; or
(iii) There was a refusal to grant access to the
regulatory authority.
(b) If requested, the regulatory authority shall provide
notice and hold a hearing on any revocation proceeding in
accordance with the provisions of the Wyoming Administrative
Procedure Act, W.S. 16-3-101 et seq.
(c) If, upon completion of the hearing and consideration
of the record, the department of agriculture or local department
of health finds that the conditions present at the facility pose
an imminent health hazard, there is a history of noncompliance
with this act or the regulations adopted under this act or there
was a refusal to grant access to the regulatory authority, the
regulatory authority shall issue an order of license revocation
which shall include findings of fact and conclusions of law, and
findings of actions necessary to cure the causes leading to the
revocation.
(d) The decision of the regulatory authority may be
appealed to the district court pursuant to the Wyoming
Administrative Procedure Act, W.S. 16-3-101 et seq.
35-28-111. Exemptions.
Flow-through pools are exempt from the provisions of this act.
CHAPTER 29 - VOLUNTEER EMERGENCY MEDICAL TECHNICIAN PENSION FUND
35-29-101. Repealed by Laws 2015, ch. 32, § 3.
35-29-102. Repealed by Laws 2015, ch. 32, § 3.
35-29-103. Repealed by Laws 2015, ch. 32, § 3.
35-29-104. Repealed by Laws 2015, ch. 32, § 3.
35-29-105. Repealed by Laws 2015, ch. 32, § 3.
35-29-106. Repealed by Laws 2015, ch. 32, § 3.
35-29-107. Repealed by Laws 2015, ch. 32, § 3.
35-29-108. Repealed by Laws 2015, ch. 32, § 3.
35-29-109. Repealed by Laws 2015, ch. 32, § 3.
35-29-110. Repealed by Laws 2015, ch. 32, § 3.
35-29-111. Repealed by Laws 2015, ch. 32, § 3.
35-29-112. Repealed by Laws 2015, ch. 32, § 3.
CHAPTER 30 - WYOMING CAREGIVER ACT
35-30-101. Definitions.
(a) As used in this act:
(i) "Aftercare" means any assistance provided by a
designated caregiver to a patient pursuant to this act after the
patient's discharge from a hospital. Assistance under this act
may include the performance of tasks necessary for the treatment
of the patient's condition at the time of discharge and which do
not require a licensed professional;
(ii) "Caregiver" means any person eighteen (18) years
of age or older, including next of kin, duly designated as a
caregiver pursuant to the provisions of this act who provides
aftercare to a patient in the patient's residence;
(iii) "Discharge" means a patient's exit or release
from a hospital to the patient's residence following any
inpatient stay;
(iv) "Hospital" means as defined by W.S.
35-2-901(a)(xiii);
(v) "Representative of the patient" means any person
who:
(A) Is a legal guardian;
(B) Holds a medical or legal power of attorney;
or
(C) Is a representative named in an advance care
directive in Wyoming or other similar law in another state.
(vi) "Residence" means a dwelling considered by a
patient to be his home, but does not include:
(A) A hospital;
(B) A nursing care facility as defined by W.S.
35-2-901(a)(xvi); or
(C) An assisted living facility as defined by
W.S. 35-2-901(a)(xxii).
(vii) "This act" means W.S. 35-30-101 through
35-30-106.
35-30-102. Designation of caregivers by hospital patients.
(a) Hospitals shall provide each patient or the
representative of the patient with an opportunity to designate
one (1) caregiver following the inpatient admission at the
hospital and prior to the patient's discharge to the patient's
residence or to another place:
(i) In the event the patient is unconscious or
otherwise incapacitated upon admission to the hospital, the
hospital shall provide the representative of the patient with an
opportunity to designate a caregiver to care for the patient so
long as the designation or lack of a designation does not
interfere with, delay or otherwise affect the medical care
provided to the patient;
(ii) In the event the patient or the representative
of the patient declines to designate a caregiver under this act,
the hospital shall document that determination in the patient's
medical record and the hospital shall be deemed to be in
compliance with the provisions of this act;
(iii) In the event that the patient or the
representative of the patient designates an individual as a
caregiver under this act, the hospital shall promptly request
the written consent of the patient or the representative of the
patient to release personal health information pertinent to the
patient's designated caregiver pursuant to the hospital's
established procedures for releasing personal health information
and in compliance with applicable state and federal law;
(iv) If the patient or the representative of the
patient declines to consent to the release of personal health
information to the patient's designated caregiver, the hospital
is not required to provide notice to the caregiver as provided
in W.S. 35-30-103 and shall not release personal health
information;
(v) The hospital shall record the patient's
designation of a caregiver, the relationship of the caregiver to
the patient and the name, telephone number and physical address
of the patient's designated caregiver, if available, in the
patient's medical record.
(b) A patient or representative of the patient may elect
to change the designated caregiver.
(c) Designation of a caregiver by a patient or a
representative of the patient pursuant to the provisions of this
act shall not obligate any individual to perform any aftercare
tasks for the patient.
(d) This section shall not be deemed to require a patient
or a representative of the patient to designate any individual
as a caregiver under this act.
35-30-103. Notification by hospital to caregiver.
If a patient has designated a caregiver, a hospital shall notify
the caregiver of the patient's discharge to the patient's
residence or to another place, including another hospital or
medical facility, as soon as practicable. In the event the
hospital is unable to contact the designated caregiver, the lack
of contact shall not interfere with, delay or otherwise affect
the medical care provided to the patient or the discharge of the
patient.
35-30-104. Consultation with caregiver by hospital;
discharge plan.
(a) As soon as practicable after designation of a
caregiver, the hospital shall attempt to consult with the
designated caregiver to prepare for the patient's aftercare and
shall issue a discharge plan describing a patient's aftercare
needs.
(b) Before discharge, the hospital shall provide
individualized explanations and in-person instruction about
tasks the caregiver will need to carry out at home after
discharge.
(c) In the event the hospital is unable to contact the
designated caregiver, the lack of contact shall not interfere
with, delay or otherwise affect the discharge of the patient.
35-30-105. Construction of act.
(a) Nothing in this act shall interfere with the rights of
a person legally authorized to make health care decisions for a
patient.
(b) Nothing in this act shall create a private right of
action against a hospital, hospital employee or a duly
authorized agent of a hospital, or otherwise supersede or
replace rights or remedies available under any other law.
35-30-106. Impact on state or federal program funding.
No monies of the state or federal government shall be used for
the payment of any caregiver pursuant to this act. No state or
federal program funding shall be impacted by this act.
CHAPTER 31 - VOLUNTEER HEALTH SERVICES PROGRAM
35-31-101. Definitions.
(a) As used in this act:
(i) "Contract" means an agreement executed in
compliance with this act between:
(A) A medical facility and the department that
authorizes the medical facility to deliver volunteer health care
services to low income persons in consideration for being deemed
a medical facility of the state under the Wyoming Governmental
Claims Act when performing duties under the contract; or
(B) A health care provider and the department
that authorizes the health care provider to deliver volunteer
health care services to low income persons in consideration for
being deemed a public employee of the state under the Wyoming
Governmental Claims Act when performing duties under the
contract.
(ii) "Department" means the department of health;
(iii) "Health care provider" means any person
licensed, certified or otherwise authorized by the law of this
state to diagnose, cure, treat or prevent impairments of the
normal state of the mind and body, including but not limited to
physicians, physician assistants, nurses, pharmacists,
optometrists, dentists, psychiatrists, psychologists and social
workers;
(iv) "Low income person" means a person with an
income not greater than two hundred percent (200%) of the
current poverty line as specified by the poverty guidelines
updated periodically in the Federal Register by the United
States Department of Health and Human Services under the
authority of 42 U.S.C. 9902(2) and:
(A) The person is not a covered individual under
a health insurance or health care policy, contract or plan; or
(B) The person is a covered individual under a
health insurance or health care policy, contract or plan, but
was denied coverage by the policy, contract or plan.
(v) "Medical facility" means:
(A) A hospital, clinic, office, nursing home, or
other facility where a health care provider provides health care
to patients; and
(B) Provided that neither the medical facility
nor individual health care provider receives compensation from
or on behalf of the patient, "medical facility" includes all
individuals, regardless of whether the individual receives
wages, salary or other fees or compensation from the medical
facility, who:
(I) Are employed by or under contract with
the medical facility to provide health care to patients; or
(II) Have been granted privileges by the
medical facility to provide health care to patients.
(vi) "Patient" includes clients of health care
providers or medical facilities as defined by paragraph (iii) or
(v) of this subsection;
(vii) "Volunteer health care" means services intended
to diagnose, cure, treat or prevent impairments of the normal
state of the mind and body when the provider of those services
does not charge or receive compensation for the services from,
or on behalf of, the patient;
(viii) "This act" means W.S. 35-31-101 through
35-31-103.
35-31-102. Volunteer health services; application of
claims act; exclusiveness of remedy; contract requirements.
(a) The department may execute contracts with health care
providers and medical facilities to deliver volunteer health
care services to low income persons as a deemed public employee
or medical facility of the state.
(b) A health care provider who delivers volunteer health
care services to a low income person pursuant to a contract that
complies with the requirements of this act, and regardless of
whether the low income person who is treated is later found to
be ineligible, shall be considered a public employee of the
state while acting within the scope of duties under the
contract, but only for the purposes of the applicability of the
Wyoming Governmental Claims Act, including W.S. 1-39-110. The
state of Wyoming shall have the duty to defend a health care
provider alleged to have been negligent or alleged to have
committed medical malpractice in the provision of volunteer
health care pursuant to a contract under subsection (a) of this
section provided the health care provider cooperates as
described in W.S. 1-41-103(e)(iv).
(c) A medical facility while providing volunteer health
care services to a low income person pursuant to a contract that
complies with the requirements of this act, and regardless of
whether the low income person who is treated is later found to
be ineligible, shall be considered a medical facility of the
state, but only for purposes of the applicability of the Wyoming
Governmental Claims Act, including W.S. 1-39-109(b). The state
of Wyoming shall have the duty to defend a medical facility
alleged to have been negligent in the provision of volunteer
health care pursuant to a contract under subsection (a) of this
section provided the medical facility cooperates as described in
W.S. 1-41-103(e)(iv).
(d) Volunteer health care providers and medical facilities
shall determine patient eligibility using patient self
attestation.
(e) The department, health care provider or medical
facility retains the right to terminate the contract upon
written notice of its intent to terminate the contract at least
five (5) business days before the contract termination date
unless the department determines that immediate termination is
necessary to protect the safety of patients.
(f) A contract under this section shall contain provisions
binding the parties to the requirements of subsections (b)
through (e) of this section.
(g) The exclusive remedy for any injury or damage suffered
as the result of any negligence of the health care provider or
the medical facility, while acting within the scope of a
contract under this act is an action against the state of
Wyoming brought under the Wyoming Governmental Claims Act.
Neither the patient nor any person claiming by or through the
patient shall have any claim whatsoever against the health care
provider or medical facility on account of health care provided
to such patient within the scope of a contract under this act.
35-31-103. Disclosure; continuing education credit;
rulemaking.
(a) Before a low income person receives volunteer health
care services pursuant to this act, he or his legal
representative shall sign a disclosure statement that informs
the low income person of the following:
(i) The health care provider shall be considered a
public employee of the state under the Wyoming Governmental
Claims Act while providing volunteer health care under this act
and that the provider's liability will be limited by the
provisions of the Wyoming Governmental Claims Act;
(ii) The medical facility shall be considered a
facility of the state and any individual included in the
definition of medical facility in W.S. 35-31-101(a)(v) shall be
considered a public employee of the state under the Wyoming
Governmental Claims Act while providing volunteer health care
under this act and that the facility's liability, including the
liability of any individual included in the definition of
medical facility, will be limited by the provisions of the
Wyoming Governmental Claims Act;
(iii) Commencement of an action against the state of
Wyoming pursuant to the Wyoming Governmental Claims Act shall be
the exclusive remedy for any injury or damage suffered as the
result of any negligence of the health care provider or the
medical facility, as defined in W.S. 35-31-101(a)(v), while
acting within the scope of a contract that exists between the
department and the health care provider or medical facility.
Neither patient nor any person claiming by or through the
patient shall have any claim whatsoever against the health care
provider or medical facility on account of health care provided
to such patient within the scope of the contract;
(iv) The low income person may elect to decline
treatment under the provisions of this act.
(b) Licensing boards may grant continuing education credit
to health care providers for the performance of volunteer health
care services to low income persons pursuant to this act.
(c) The department shall adopt rules necessary to
implement this act.
CHAPTER 32 - GENETIC DATA PRIVACY
35-32-101. Definitions.
(a) As used in this chapter unless otherwise defined:
(i) "Authorized representative" means a person
authorized by state or federal law to make health care decisions
for an individual;
(ii) "DNA" means deoxyribonucleic acid;
(iii) "Genetic testing" means any laboratory test of
an individual's complete DNA, regions of DNA, chromosomes or
genes to determine the presence of genetic characteristics of an
individual;
(iv) "Genetic characteristic" means a gene or
chromosome, or alteration thereof, that is scientifically or
medically believed to predispose an individual to a disease,
disorder, trait or syndrome, or to identify an individual or a
blood relative;
(v) "Genetic data" means any data, regardless of its
format, that concerns an individual's genetic characteristics.
Genetic data includes:
(A) Raw sequence data that result from
sequencing of an individual’s complete extracted or a portion of
the extracted DNA;
(B) Genotypic and phenotypic information that
results from analyzing the raw sequence data, including any
familial inferences therefrom; and
(C) Self reported health information that an
individual submits to a company regarding the individual's
health conditions and that is used for scientific research or
product development and analyzed in connection with the
individual's raw sequence data.
(vi) "Informed consent" means the signing of a
consent form or forms in writing or by electronic signature as
defined in W.S. 40-21-102(a)(viii) by an individual or an
individual's authorized representative which includes a
description of:
(A) Any genetic testing to be performed and how
the genetic testing or resulting genetic data will be used;
(B) How any genetic data will be retained or
disclosed;
(C) An individual's rights under W.S. 35-32-103.
(vii) "Biological sample" means any material part of
a human, discharge therefrom or derivative thereof known to
contain deoxyribonucleic acid (DNA), such as tissue, blood,
urine or saliva;
(viii) "Consumer" means a natural person who is a
resident of the state of Wyoming;
(ix) "Deidentified data" means data that cannot be
used to infer information about or otherwise be linked to an
identifiable individual, and that is subject to:
(A) Administrative and technical measures to
ensure that the data cannot be associated with a particular
individual;
(B) Public commitment by the company to maintain
and use data in deidentified form and not attempt to reidentify
data; and
(C) Legally enforceable contractual obligations
that prohibit any recipient of the data from attempting to
reidentify the data.
(x) "Direct to consumer genetic testing company" or
"company" means any person that offers consumer genetic testing
products or services directly to consumers or who collects, uses
or analyzes genetic data provided by a consumer;
(xi) "Express consent" means a consumer's affirmative
response to a clear, meaningful and prominent notice regarding
the collection, use or disclosure of the consumer's genetic data
for a specific purpose.
35-32-102. Genetic testing; prohibitions; exceptions.
(a) Except as provided in subsection (b) of this section,
no person conducting genetic testing shall do any of the
following without the informed consent of the individual or the
individual's authorized representative:
(i) Obtain an individual's genetic data;
(ii) Perform genetic testing on an individual;
(iii) Retain an individual's genetic data;
(iv) Disclose an individual's genetic data.
(b) Except as otherwise prohibited by law, an individual's
genetic data may be obtained, retained, disclosed and used
without informed consent for:
(i) Disclosures to the individual or the individual's
authorized representative;
(ii) Law enforcement purposes otherwise authorized by
law;
(iii) The state DNA database created by W.S. 7-19-402
or the comparable provisions of another jurisdiction;
(iv) The registration of sex offenders pursuant to
W.S. 7-19-302;
(v) Determining paternity in accordance with a court
or administrative order;
(vi) Determining the identity of a deceased
individual;
(vii) Newborn screening requirements under W.S.
35-4-801;
(viii) The provision of emergency medical treatment;
(ix) Complying with an order of a court of competent
jurisdiction;
(x) Anonymous research where the identity of the
individual will not be released;
(xi) Services limited to storage, retrieval, handling
or transmission of genetic data by a third party service
provider pursuant to a contract or other obligation;
(xii) Diagnosis or treatment of the individual if
performed by a clinical laboratory that has received a specimen
referral from the individual's treating physician or another
clinical laboratory. Nothing in this paragraph shall be deemed
to waive the requirement that a treating physician obtain
specific informed consent for the taking of a specimen when
required.
(c) To safeguard the privacy, confidentiality, security
and integrity of a consumer's genetic data, a direct to consumer
genetic testing company shall:
(i) Provide clear and complete information regarding
the company's policies and procedures for the collection, use or
disclosure of genetic data by making available to a consumer:
(A) A high-level privacy policy overview that
includes essential information about the company's collection,
use or disclosure of genetic data; and
(B) A prominent, publicly available privacy
notice that includes, at a minimum, information about the
company's data collection, consent, use, access, disclosure,
transfer, security and retention and deletion practices.
(ii) Obtain a consumer's consent for the collection,
use or disclosure of the consumer's genetic data including, at a
minimum:
(A) Initial express consent that describes the
uses of the genetic data collected through the genetic testing
product or service, and specifies who has access to test results
and how the genetic data may be shared;
(B) Separate express consent for transferring or
disclosing the consumer's genetic data to any person other than
the company's vendors and service providers, or for using
genetic data beyond the primary purpose of the genetic testing
product or service and inherent contextual uses;
(C) Separate express consent for the retention
of any biological sample provided by the consumer following
completion of the initial testing service requested by the
consumer;
(D) Informed consent in compliance with the
federal policy for the protection of human research subjects, 45
C.F.R. § 46, for transfer or disclosure of the consumer's
genetic data to third party persons for research purposes or
research conducted under the control of the company for the
purpose of publication or generalizable knowledge; and
(E) Separate express consent for marketing to a
consumer based on the consumer's genetic data, or for marketing
by a third party person to a consumer based on the consumer
having ordered or purchased a genetic testing product or
service. Marketing does not include the provision of customized
content or offers on the websites or through the applications or
services provided by a direct to consumer genetic testing
company with a first-party relationship to the customer.
(iii) Require valid legal process for disclosing
genetic data to law enforcement or any other government agency
without a consumer's express written consent;
(iv) Develop, implement and maintain a comprehensive
security program that protects a consumer's genetic data against
unauthorized access, use or disclosure; and
(v) Provide a process for a consumer to:
(A) Access the consumer's genetic data;
(B) Delete the consumer's account and genetic
data; and
(C) Request and obtain the destruction of the
consumer's biological sample.
(d) Notwithstanding any other provisions in this section,
a direct to consumer genetic testing company shall not disclose
a consumer's genetic data to any entity offering health
insurance, life insurance or long-term care insurance, or to any
employer of the consumer without the consumer's written consent.
35-32-103. Genetic data; inspection; retention.
(a) An individual or the individual's authorized
representative may inspect, correct and obtain genetic data
about the individual.
(b) A person conducting genetic testing shall destroy an
individual's genetic data upon request by the individual or the
individual's authorized representative unless:
(i) The data was obtained pursuant to W.S. 35-32-
102(b); or
(ii) Retention of the data is necessary for a purpose
disclosed to the individual or representative in the informed
consent.
(c) Genetic data about an individual obtained pursuant to
W.S. 35-32-102(b) shall be used solely for the purposes obtained
and shall be destroyed or returned to the individual or the
individual's authorized representative upon completion of the
purposes for which the data was obtained or in accordance with
law.
35-32-104. Criminal penalty; private right of action.
(a) Any person violating the provisions of this chapter is
guilty of a misdemeanor punishable by a fine of not more than
one thousand dollars ($1,000.00) for each violation.
(b) An individual whose rights have been violated under
the provisions of this chapter may bring a civil action to
enjoin or restrain any violation of this chapter and may in the
same action seek damages from the person violating this chapter.
Prior to filing an action under this subsection the individual
shall give notice in writing to the alleged violator stating
fully the nature of the alleged violation. The alleged violator
shall have not more than sixty (60) days from the date notice is
provided to cure any violation. If, after sixty (60) days the
violation has not been cured, the individual may bring a civil
action. A prevailing party in an action brought under this
subsection may recover all costs and expenses reasonably
associated with the action, including but not limited to
reasonable attorney fees.
(c) The attorney general may bring an action in the name
of the state or as parens patriae on behalf of consumers to
enforce this chapter. In any action brought by the attorney
general to enforce this chapter, a person found to have violated
this chapter shall be subject to a civil penalty of two thousand
five hundred dollars ($2,500.00) for each violation, the
recovery of actual damages incurred by consumers on whose behalf
the action was brought and costs and reasonable attorneys' fees
incurred by the office of the attorney general.
35-32-105. General provisions; limitations.
(a) The provisions of this chapter applicable to direct to
consumer genetic testing companies shall not be waived.
(b) The disclosure of genetic data pursuant to this
chapter shall comply with all state and federal laws for the
protection of privacy and security. This chapter shall not apply
to protected health information that is collected by a covered
entity or business associate governed by the privacy, security
and breach notification rules issued by the United States
Department of Health and Human Services (Parts Regulations) 160
and 164 of Title 45 of the Code of Federal Services (Parts
Regulations) established pursuant to the federal Health
Insurance Portability and Accountability Act of 1996 (P.L. 104-
191) and the federal Health Information Technology for Economic
and Clinical Health Act (P.L. 111-5).
CHAPTER 33 - BUILDING CODES
ARTICLE 1 - REFRIGERANTS
35-33-101. Regulation of refrigerants.
The use of a refrigerant designated acceptable pursuant to
federal rules promulgated pursuant to 42 U.S.C. 7671k shall not
be prohibited or regulated by any code, ordinance, rule or
regulation of any state or local agency or any political
subdivision of the state of Wyoming provided that any equipment
containing a refrigerant shall otherwise be utilized and
installed in accordance with all applicable laws, rules and
regulations.