Chapter 1 - Licensing Generally
CHAPTER 1 - LICENSING GENERALLY
ARTICLE 1 - IN GENERAL
33-1-101. Sheriff to furnish licenses and collect fees.
Itshall be the duty of the sheriff of each county to furnish all licenses andcollect all moneys for the same as hereinafter provided, and if the sheriff ofany county shall knowingly permit any person subject to such license to conductor carry on any branch of business, occupation or pursuit without firstobtaining such license, such sheriff shall be guilty of a misdemeanor, and uponconviction thereof shall be punished as provided by law in case of similaroffenses.
33-1-102. Licenses to be prepared by county clerk; contents oflicenses; disposition of moneys.
Licensesshall be prepared by the county clerk and shall be delivered to the sheriff ofthe county wherein they shall be issued, and each license shall contain thename of the person and the character and place of business to be conductedunder such license; and it shall be the duty of the county clerk to affix hisofficial signature and the seal of the county to such license, which licenseshall be countersigned by the county treasurer or his deputy, before beingissued by the sheriff, and all moneys collected under and for such licenseshall be paid by the sheriff into the county treasury within fifteen (15) daysfrom the date of said license.
33-1-103. Clerk to keep abstract of licenses; inspection bycommissioners.
Itshall be the duty of the county clerk to keep on file in his office, and submitfor the inspection of the county commissioners at each of their regularsessions, a faithful and correct abstract containing full information of alllicenses so issued to the sheriff, and neglect to comply with the provisions ofthis section shall be deemed a misdemeanor and shall be punished as provided bylaw.
33-1-104. County treasurer to make report of license receipts.
Itshall be the duty of the county treasurer of each county to furnish to thecounty commissioners at each of their regular sessions a full and completestatement of all moneys received for licenses issued, as provided in W.S.33-1-103, failure or neglect on the part of the treasurer to comply with theprovisions of this section shall be deemed a misdemeanor, and shall be punishedas provided by law.
33-1-105. License money to be credited to general fund.
Allmoney collected for licenses, as provided for by this act, shall constitute aportion of, and be credited to, the general county fund.
33-1-106. Certain licenses payable to incorporated towns.
Alllicenses issued by any county in this state for the sale of liquors, or forowning or keeping a billiard table, or any table used for pool or bagatelle,and all licenses issued by the counties for any other game or games, notprohibited by the laws of this state, when the licensee shall be a resident ofand carrying on the business for which he is licensed within the corporatelimits of any incorporated town, city or village, the license shall becollected by the city marshal or collecting officer of the incorporated town,city or village, for the purposes mentioned in this section. It shall be theduty of the collecting officer, between the first and fifteenth days of eachmonth, to pay into the treasury of such incorporated town, city or village, allmonies collected for the licenses, which monies shall be applied to the generalrevenue purposes of the incorporated town, city or village.
33-1-107. Authority of county to levy and collect license tax;purpose; uniformity required.
Forthe purpose of raising revenue, any county of the state of Wyoming hereby isauthorized to levy and collect a license tax on any business whatsoeverconducted, carried on, or trafficked in within the limits of such county andthe board of county commissioners hereby is authorized to adopt suchresolutions as shall be necessary to carry into effect the provisions of thissection. All such license taxes shall be uniform with respect to the class ofsuch upon which imposed.
33-1-108. Authority of county to levy and collect license tax; W.S.33-1-107 not applicable to certain counties.
W.S.33-1-107 shall not apply to any county having an assessed valuation for thecurrent tax year exceeding twelve million dollars ($12,000,000.00).
33-1-109. Disposition of fines.
Everymagistrate or other officer to whom any fines imposed under general laws of thestate shall be paid for the use of the county, shall, at each regular meetingof the board of county commissioners, make a report of the total amount socollected, and all fines so collected shall be paid into the county treasuryfor the credit of the public school fund of the county, within thirty (30) daysafter collection thereof.
33-1-110. Failure of officer to report fines.
Anymagistrate or other officer neglecting, omitting or refusing to comply with theprovisions of W.S. 33-1-109 shall be guilty of a misdemeanor, and shall bepunished as provided by law.
33-1-111. Informers may testify.
Personsprosecuting or giving information under the provisions of this act may becompetent witnesses on the trial thereof, notwithstanding their interest in thepenalty to be recovered.
33-1-112. Penalties may be recovered by action.
Penaltiesincurred by a violation of the provisions of this act may be recovered byaction of debt in the name of the county prosecuting the same, or by indictmentor complaint in the name of the people of the state of Wyoming.
33-1-113. Unpaid licenses.
Ifany sheriff fail, from causes not within his control to collect the amountpayable on any license issued as provided in W.S. 33-1-101, after such licensehas been issued, such license shall be returned to the county treasurer withintwenty (20) days after the issuance thereof, and it shall be the duty of saidcounty treasurer to note the fact of such failure to collect, and to return thelicense to the office of the county clerk at the next regular session of theboard of county commissioners; said license shall be cancelled or destroyed bysaid board of county commissioners.
33-1-114. License applications; social security numbers required;exception.
Except as otherwise specifically provided by statute, aboard or commission authorized to establish examination, permit or licenseapplication requirements for any profession or occupation regulated under thistitle shall require applicants for new licenses, certificates of registrationor renewals of licenses or certificates to include the applicant's socialsecurity number on the application form.
33-1-115. Professional assistance programs for health care providersand others as specified; confidentiality of records.
(a) As used in this section:
(i) "Health care provider" means a person who islicensed, certified or otherwise authorized by the law of this state to providehealth care in the ordinary course of business or practice of a profession, andfor purposes of this section also includes a pharmacist, pharmacy technician orveterinarian;
(ii) "Licensee" means:
(A) Any individual holding a permit or license as a health careprovider as a profession or occupation regulated under this title;
(B) Any individual admitted to the Wyoming state bar; or
(C) Any individual teaching in a public school pursuant to acertificate or permit issued under the laws of this state by the Wyomingprofessional teaching standards board.
(iii) "Professional assistance program" or "program"means a program or activity relating to drug or alcohol abuse prevention,referral, treatment or rehabilitation, which is directly or indirectly assistedby a board or commission or other organization established under this title forthe regulation of licensees or the Wyoming state bar or the Wyomingprofessional teaching standards board established under W.S. 21-2-801.
(b) Any information pertaining to the identity, diagnosis,prognosis, referral or treatment of any licensee possessed in connection withthe performance of any professional assistance program shall be confidentialand shall not be disclosed except under the circumstances expressly authorizedby subsections (c) and (d) of this section.
(c) The content of any record referred to in subsection (b) ofthis section may be disclosed in accordance with the prior written consent ofthe licensee with respect to whom the record is maintained.
(d) Whether or not the licensee gives his written consent, thecontent of the record may be disclosed as follows:
(i) To medical personnel to the extent necessary to meet a bonafide medical emergency;
(ii) For the purpose of conducting research or programevaluations, provided that the record may not identify any individual in theprogram;
(iii) As required to report under state law incidents ofsuspected child abuse or neglect to the appropriate authorities;
(iv) If authorized by an appropriate order of a court ofcompetent jurisdiction granted after application showing good cause therefore;
(v) If compelled in an administrative action before a board orcommission to enforce its laws, rules, regulations or permit or licenserequirements, unless the disclosure would violate federal law; or
(vi) To the state board or commission regulating the licensee,if the diagnosis or prognosis determines a clearly definable drug or alcoholabuse problem and the licensee refuses to seek treatment.
(e) A court order under this section may authorize disclosureof confidential information only with notice to the professional assistanceprogram and, after an opportunity for response and an in camera review ifnecessary, the court finds:
(i) The disclosure is necessary to protect against an existingthreat to life or of serious bodily injury;
(ii) The disclosure is necessary in connection withinvestigation or prosecution of an extremely serious crime such as one whichdirectly threatens loss of life or serious bodily injury; or
(iii) The disclosure is in connection with litigation or anadministrative proceeding in which the patient offers testimony or otherevidence pertaining to the content of the confidential communications.
(f) Except as provided in this section, referrals to aprofessional assistance program shall be absolutely privileged and no lawsuitpredicated thereon may be instituted. The program, its board members, employeesand agents shall be immune from suit for conduct within the scope of theirfunctions without malice and in the reasonable belief that their actions werewarranted, including conduct and actions performed by the terms of a contractwith a state board or commission.
(g) The department of health shall provide assistance to anycertifying, permitting or licensure board that desires to establishprofessional assistance programs as defined under this section.
ARTICLE 2 - FEES
33-1-201. Fees generally.
(a) Except as otherwise specifically provided by statute, aboard or commission authorized to establish examination, inspection, permit orlicense fees for any profession or occupation regulated under this title orunder title 23 shall establish those fees in accordance with the following:
(i) Fees shall be established by rule or regulation promulgatedin accordance with the Wyoming Administrative Procedure Act;
(ii) Fees shall be established in an amount to ensure that, tothe extent practicable, the total revenue generated from the fees collectedapproximates, but does not exceed, the direct and indirect costs ofadministering the regulatory provisions required for the profession oroccupation under this title;
(iii) The board or commission shall maintain records sufficientto support the fees charged.
33-1-202. Disposition of fees and interest.
(a) Except as otherwise specifically provided by statute:
(i) All fees and monies received and collected by the boards orcommissions under this title and under W.S. 11-25-105(d), 21-2-802(d) and23-2-414(d) shall be deposited into the state treasury and credited to eachboard's or commission's respective account as created by statute;
(ii) The interest on all fees and monies collected by the boardsor commissions under this title and under W.S. 11-25-105(d), 21-2-802(d) and23-2-414(d) shall be credited as follows:
(A) An amount equal to the first fifty percent (50%) of theinterest earned from the previous year shall be deposited into an accountwithin the enterprise fund to be used to fund legal services provided to theboards and commissions by the attorney general; and
(B) The remainder of the interest shall be deposited in eachboard's or commission's respective account as created by statute.