Regulation detail

Wyo. Stat. tit. 35

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Wyo. Stat. tit. 35 active

Public Health (35-1 art. 6 community MH/SUD; ch. 20 APS)

Jurisdiction: WY Agency: Wyoming Legislative Service Office
Plain-English summary

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.

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Regulation text
TITLE 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.