Committee narrows local fees in Senate File 45, caps permit charges at actual cost

A conference committee reviewing Senate File 45 on May 16 deleted a third-reading amendment and adopted an amendment that bars local governments from charging more than the actual cost to issue or renew a simulcasting permit.

The committee voted to remove third-reading amendment number three after Representative Gamos moved to delete it and Senator Cole seconded the motion; members approved the deletion by voice. The panel then took up second-reading amendment number two, which initially barred counties, towns and municipalities from imposing a monetary fee for simulcasting permits "notwithstanding any other law," subject to a separate provision allowing recovery of publishing costs.

Representative Lean said the fee language was intended to avoid creating uneven financial incentives across localities: "we don't end up with monetary fees that are discrepancy across the board," he said, noting concerns that a community charging a high fee could shift applicants elsewhere. Representative Chestic argued the package also moved a provision about considering "the welfare of the people" earlier in the process, letting local authorities consider welfare at the application stage rather than waiting to revoke a permit later.

Jeremiah Reman, representing the County Commissioners Association, told the committee at least one county "is not charging any fees" for these permits and urged care so counties could recover associated costs. Senator Craig pointed out that the amendment already includes a public-notice reimbursement in provision E2: "at the time of application, they shall pay an amount sufficient to reimburse for the publishing cost for the actual cost of publication notice of the application," he said, quoting the draft language.

Ashley Harpreet of the Wyoming Association of Municipalities said municipalities generally want authority to recoup costs tied to publicizing and processing applications and recommended language that permits recovery of actual costs. "We for sure want to be able to recoup cost if we're publicizing," she said.

To address those concerns, Co-chairman Lean proposed and the committee adopted an amendment to the amendment inserting the phrase "not to exceed actual cost" after "monetary fee," limiting any local charge to documented costs of permitting and notice. Senator KGO successfully moved to delete the bill's initial "notwithstanding any other law" clause after members worried it could unintentionally preempt other revenue rules.

With those changes, the panel adopted second-reading amendment number two as amended. Committee members then signaled approval of the conference committee report on Senate File 45 by voice vote. The committee adjourned without recording a roll-call tally on the final report.

What happens next: The committee approved the conference report by voice vote; the transcript does not include a roll-call tally or any further scheduled action on the record.