HB0049 • 2021

Agency fee revisions.

AN ACT relating to agency fees; modifying health care facility licensing fees; modifying department of environmental quality permitting fees; authorizing the department of family services to set the fee for central registry applications; modifying department of agriculture food licensing fees and distribution; and providing for an effective date.

Agriculture Budget Children Healthcare Land

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Appropriations
Last action: 2021-04-06
Official status: enrolled
Effective date: 7/1/2021

Plain English Breakdown

The exact impact on individuals and businesses is uncertain without knowing current fee structures.

Changes in Agency Fees

This act changes fees for various agency services, including health care facility licensing, environmental quality permitting, food distribution licenses, and central registry applications.

What This Bill Does

Removes the $10 fee for central registry applications and allows the Department of Family Services to set its own fee.
Sets new licensing fees for different types of health care facilities based on their size and type.
Establishes minimum permit or license fees for the Department of Environmental Quality, including review and acting on applications, relocation of portable sources, mineral exploration licenses, and installation or modification of storage tanks.
Modifies food distribution licenses by setting specific fee amounts for temporary food establishment licenses, annual renewals, and regular food licenses.

Who It Names or Affects

Health care facilities applying for or renewing their licenses.
Environmental quality permit applicants and those relocating portable sources or installing storage tanks.
Food distributors seeking temporary or annual food establishment licenses.

Terms To Know

Central Registry: A system that holds information about individuals who have been involved in child abuse or neglect cases.
Permitting Fees: Fees charged by agencies for reviewing and issuing permits, often related to environmental regulations.

Limits and Unknowns

The bill does not specify how the Department of Family Services will set fees for central registry applications.
Some fee amounts are subject to change based on operational costs or legislative appropriations.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0049H2001

2nd reading • Representative Schwartz

Adopted

Plain English: The amendment removes specific lines and sections related to fees in the bill text.

Removes language on page 1, line 1 about 'providing for fees on the'.
Deletes all of page 1, line 2.
Eliminates mention of parolees from page 1, line 3.
Strikes out part of page 1, line 12 after 'W.S.'.
Removes section (b) reference on page 1, line 13.
Deletes lines 4 through 21 on page 2 entirely.
Eliminates lines 1 through 8 on page 3 completely.

The amendment does not specify what the deleted sections contained or how their removal affects the bill's overall purpose and requirements.

HB0049H2002

2nd reading • Representative Olsen

Withdrawn

Plain English: The amendment removes an existing provision and adds a new rule that prevents the revocation of probation, parole, or conditional release based on failure to pay required fees.

Removes an earlier amendment related to hardship.
Adds a new clause stating that not paying required fees will not lead to the revocation of probation, parole, or other forms of conditional release.

HB0049H2003

2nd reading • Representative Andrew

Divided

Plain English: The amendment modifies the bill by changing certain fee-related provisions and inserting new language regarding fees for temporary food establishment licenses.

Removes 'and' after a reference to agency fees on page 1, line 7.
Deletes the word 'distribution;' from page 1, line 8.
Inserts new text on page 10, lines 2 through 7, specifying that the department shall charge $50 for a temporary food establishment license.
Removes specific language about fees on page 9, lines 22 and 23.

The exact impact of deleting 'distribution;' from page 1, line 8 is unclear without additional context.

HB0049H2003.01

2nd reading • Representative Andrew

Corrected, Adopted

Plain English: The amendment modifies the bill by removing certain references to fees for distribution and altering some punctuation in sections related to health care facility licensing and environmental quality permitting.

Removes 'distribution;' from a section of the bill.
Changes punctuation after 'fees' on page 1, line 7.
Deletes lines 9 through 13 on page 10.

The amendment text does not provide enough context to fully explain all implications of these changes for a general audience.

HB0049H2003.02

2nd reading • Representative Andrew

Corrected, Failed

Plain English: The amendment removes certain language about health care facility licensing fees and replaces it with new text that sets a specific fee amount for temporary food establishment licenses.

Removes the phrase 'following' on page 9, line 22 of the bill.
Deletes an entire line on page 9, line 23 of the bill.
Replaces lines 2 through 7 on page 10 with new text that sets a $50 fee for temporary food establishment licenses.

The amendment does not specify what was removed in the deleted lines, making it unclear exactly how the original bill's language has changed beyond these specific edits.

HB0049H3001

3rd reading • Representative Andrew

Failed

Plain English: The amendment reduces the fees for certain applications or services from $200 to $150 and from $100 to $75.

Changes the fee for a specific application or service from $200.00 to $150.00.
Reduces another fee from $100.00 to $75.00.

HB0049H3002

3rd reading • Representative Wharff

Failed

Plain English: The amendment removes specific sections and lines from the bill that deal with various agency fees, including health care facility licensing fees, environmental quality permitting fees, central registry applications for family services, food licensing fees for agriculture distribution, and other related provisions.

Removes references to certain fee-setting statutes in the original bill text.
Deletes sections of the bill that set out specific rules or requirements for agency fees.
Eliminates detailed descriptions of how different departments can modify their respective licensing and application fees.

The amendment does not provide new content to replace what is deleted, so it's unclear what will happen with the removed fee-setting provisions if the bill passes as amended.
Without additional context or explanation from the sponsor, some of the specific impacts and intentions behind these deletions are not clear.

HB0049JC001

Conference Committee

H Adopted, S Adopted

Plain English: The amendment removes certain Senate amendments and adds new language to the bill regarding fee distribution for health care facility licensing.

Removes specific Senate amendments from the bill.
Adds a new paragraph (c) on page 8 that specifies how fees collected under paragraphs (b)(i) through (iii) should be distributed, with half going to the general fund and the rest being allocated as specified.

The exact details of how the remaining fees will be distributed after allocation to the general fund are not provided in this amendment text.

HB0049SW001

Committee of the Whole • Senator Perkins

Adopted

Plain English: The amendment modifies the language related to probationers and parolees in a subsection of HB0049.

Removes the comma after 'probationer' and replaces it with 'or'.
Deletes 'or person' after 'parolee'.

The exact impact of these changes on the overall meaning or application is not clear from the provided text.

HB0049SS001

Standing Committee • Senate Appropriations Committee

Adopted

Plain English: The amendment adds new provisions for probationers and parolees to pay supervision, testing, and transfer fees, with some financial hardship exemptions.

Adds a new subsection (b) in W.S. 7-13-407 that requires probationers, parolees, and committed persons supervised by the department to pay monthly supervisory fees ranging from $25 to $300 annually, drug screen testing fees of at least $10 per month, and a one-time transfer fee of at least $100.
Specifies that the department can reduce or waive these fees if paying them would cause significant financial hardship for the individual.

The amendment text does not specify how the remaining collected fees will be distributed after fifty percent is credited to the general fund, which may require additional clarification.

Bill History

2021-04-06 LSO
Assigned Chapter Number 122
2021-04-06 Governor
Governor Signed HEA No. 0069
2021-04-02 Senate
S President Signed HEA No. 0069
2021-04-01 House
H Speaker Signed HEA No. 0069
2021-04-01 LSO
Assigned Number HEA No. 0069
2021-03-29 Senate
S Appointed JCC01 Members
2021-03-26 House
H Appointed JCC01 Members
2021-03-26 House
H Concur:Failed 4-56-0-0-0
2021-03-25 House
H Received for Concurrence
2021-03-25 Senate
S 3rd Reading:Passed 22-8-0-0-0
2021-03-24 Senate
S 2nd Reading:Passed
2021-03-23 Senate
S COW:Passed
2021-03-18 Senate
S Placed on General File
2021-03-18 Senate
S02 - Appropriations:Recommend Amend and Do Pass 5-0-0-0-0
2021-03-17 Senate
S Introduced and Referred to S02 - Appropriations
2021-02-08 Senate
S Received for Introduction
2021-02-04 House
H 3rd Reading:Passed 40-18-2-0-0
2021-02-03 House
H 2nd Reading:Passed
2021-02-02 House
H COW:Passed
2021-01-27 House
H Placed on General File
2021-01-27 House
H02 - Appropriations:Recommend Do Pass 7-0-0-0-0
2021-01-12 House
H Introduced and Referred to H02 - Appropriations
2021-01-12 House
H Received for Introduction
2021-01-08 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 21LSO-0268
Bill No.:

HB0049

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0268

Enrolled Act No.:

HEA No. 0069

Chapter No.:

122

Prime Sponsor:

Joint Appropriations Committee

Catch Title:

Agency fee revisions.

Subject:

Agency fees.

Summary/Major Elements:
This bill draft amends fees charged by various agencies as follows:
Removes the current ten dollars ($10.00) fee set for central registry applications and allows the Department of Family Services to set the fee.
Department of Health licensing fees for health care facilities as follows:
One hundred fifty dollars ($150.00) – Home health agency;
Two hundred fifty dollars ($250.00) – Adult day care facility, adult foster care home, assisted living facility with twenty-five (25) or fewer beds, hospice facility, intermediate care facility for people with intellectual disabilities, medical assistance facility, nursing care facility with twenty-five (25) or fewer beds and for a revised license;
Five hundred dollars ($500.00) – Ambulatory surgical center, assisted living facility with more than twenty-five (25) but not more than fifty (50) beds, birthing center, critical access hospital, renal dialysis center, freestanding diagnostic testing center, freestanding emergency center, nursing care facility with more than twenty-five (25) but not more than fifty (50) beds, rehabilitation facility and up to this amount for any facility not otherwise specified in W.S. 35-2-904(g);
Five hundred dollars ($500.00) to seven hundred fifty dollars ($750.00) – Boarding home;
One thousand dollars ($1,000.00) – Assisted living facility with more than fifty (50) beds, hospital, nursing care facility with more than fifty (50) beds and psychiatric hospital.
Department of Agriculture licenses for distributing,
storing
or preparing food for sale:
Fifty dollars ($50.00) – Temporary food establishment license;
One hundred dollars ($100.00) – Food license annual renewal and up to this amount for fees that fall under but are not otherwise specified by W.S. 35-7-124;
Two hundred dollars ($200.00) – Food license.

Department of Environmental Quality minimum permit or set license fees as follows:
Seventy-five dollars ($75.00) – Review and acting on an application;
One hundred fifty dollars ($150.00) Relocation of portable sources or facilities authorized to use self-issuance permits and a license to mine;
Two hundred fifty dollars ($250.00) – Mineral exploration license;
Three hundred dollars ($300.00) Relocation of portable sources or facilities not authorized to use self-issuance permits;
Five hundred dollars ($500.00) Application fee and installation or modification of storage tanks.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

21LSO-0268

ORIGINAL House

ENGROSSED
Bill No
.
HB0049

ENROLLED ACT NO. 69,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to agency fees; modifying health care facility licensing fees; modifying department of environmental quality permitting fees; authorizing the department of family services to set the fee for central registry applications; modifying department of agriculture food licensing fees and distribution; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S.
14
‑
3
‑
214(f), 35
‑
2
‑
904(a)(ii) and by creating new subsections (g) and (h), 35
‑
7
‑
124(b) and (c)(intro), 35
‑
11
‑
211(b)(intro) and by creating a new subsection (j), 35
‑
11
‑
406(a)(xii), 35
‑
11
‑
410(b)(vi), 35
‑
11
‑
414(a), 35
‑
11
‑
1420(c), 35
‑
11
‑
1425(a) and 35
‑
20
‑
116(a) are amended to read:

14
‑
3
‑
214.

Confidentiality of records; penalties; access to information; attendance of school officials at interviews; access to central registry records pertaining to child protection cases.

(f)

Upon appropriate application, the state agency shall provide to any employer or entity whose employees or volunteers may have unsupervised access to children in the course of their employment or volunteer service, for employee or volunteer screening purposes, a summary of central registry records maintained under state agency rules since December 31, 1986, for purposes of screening employees or volunteers. 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. The applicant, or an agent on behalf of the applicant, shall submit a fee
of ten dollars ($10.00)
in an amount determined by rule of the state agency
and proof satisfactory to the state agency 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 minors. Applicants, their employees or other agents shall not otherwise divulge or make public any information received under this section. The state agency shall notify any applicant receiving information under this subsection of any subsequent reclassification of the information pursuant to W.S. 14
‑
3
‑
213(e). The state agency shall screen all prospective agency employees in conformity with the procedure provided under this subsection.

35
‑
2
‑
904.

Issuance of license; fee; duration; renewal; transferability; provisional licenses; procedures.

(a)

The division shall issue a license under this act:

(ii)

Upon payment of a license fee
as established by the department
for each health care facility
as specified in subsection (g) of this section
. The department
shall
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
.

(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
‑
7
‑
124.

License required; exemptions; electronic transmittals.

(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 f
ees collected under this section shall be distributed as follows:

35
‑
11
‑
211.

Fees.

(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:

(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
‑
406.

Application for permit; generally; denial; limitations.

(a)

Applications for a mining permit shall be made in writing to the administrator and shall contain:

(xii)

A minimum fee of
one hundred dollars ($100.00)
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);

35
‑
11
‑
410.

License to mine for minerals; application.

(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:

(vi)

A fee of
twenty
‑
five dollars ($25.00)
one hundred fifty dollars ($150.00)
.

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
twenty
‑
five dollars ($25.00)
two hundred fifty dollars ($250.00)
.

35
‑
11
‑
1420.

Tank notification required; change of owner; installation requirements; inspections.

(c)

The department shall collect an installation or modification fee of
two hundred fifty dollars ($250.00)
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.

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
.
, except the owner of an aboveground storage tank subject to this section that holds five thousand (5,000) gallons or less shall pay a fee of fifty dollars ($50.00) per tank owned.
This fee shall be deposited in the corrective action account.

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
of not to exceed ten dollars ($10.00) as established by
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.

Section 2
.

This act is effective July 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1