Cross references. —

As to constitutional amendments, see § 22-20-101 et seq.

Revision of title. —

Sections 1 to 4, ch. 37, Laws 1978, revised this title, amending and renumbering §§ 8-1-101 to 8-3-109 and 8-5-101 to 8-7-205 as §§ 8-1-101 to 8-5-102 , by § 1, ch. 37, Laws 1978, amending and renumbering §§ 8-4-101 to 8-4-110 as §§ 22-20-201 to 22-20-209 , by § 2, ch. 37, Laws 1978, amending and renumbering § 9-2-215 as § 8-2-101 , by § 3, ch. 37, Laws 1978, and repealing § 8-10.11, by § 4, ch. 37, Laws 1978. No detailed explanation of changes made by the 1978 Act has been attempted, but, where appropriate, historical citations to former provisions have been added to corresponding sections in this title, and annotations from cases decided under former provisions have been placed under comparable sections in this title where it was felt they will be helpful. For tables of revised and renumbered sections, see Volume 11 of the Wyoming Statutes Annotated.

Section 5, ch. 37, Laws 1978, reads: “Any other act adopted by the Wyoming Legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Section 6, ch. 37, Laws 1978, reads: “If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.”

Section 7, ch. 37, Laws 1978, reads: “This act is effective May 27, 1978.”

Chapter 1 Common Law, Statutes and Rules of Construction

§ 8-1-101. Adoption of common law.

The common law of England as modified by judicial decisions, so far as the same is of a general nature and not inapplicable, and all declaratory or remedial acts or statutes made in aid of, or to supply the defects of the common law prior to the fourth year of James the First (excepting the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth and ninth chapter of thirty-seventh Henry Eighth) and which are of a general nature and not local to England, are the rule of decision in this state when not inconsistent with the laws thereof, and are considered as of full force until repealed by legislative authority.

History. C.L. 1876, ch. 26, § 1; R.S. 1887, § 498; R.S. 1899, § 2695; C.S. 1910, § 3588; C.S. 1920, § 4547; R.S. 1931, § 26-101; C.S. 1945, § 16-301; W.S. 1957, § 8-17; W.S. 1977, § 8-3-101 ; Laws 1978, ch. 37, § 1.

I.General Consideration.

The common law of England has been by statute adopted as a rule of decision in this state. Goldsmith v. Cheney, 468 P.2d 813, 1970 Wyo. LEXIS 164 (Wyo. 1970).

Whatever of the common law is in force in this jurisdiction is here by the terms of the statute adopting it, enacted at an early day, and incorporated in this section. State v. Foster, 5 Wyo. 199, 38 P. 926, 1895 Wyo. LEXIS 14 (Wyo. 1895).

Conditions for adoption. —

In adopting the common law, it must be applicable to the habits and condition of the society of Wyoming, and in harmony with the genius, spirit and objects of its institutions. Crawford v. Barber, 385 P.2d 655, 1963 Wyo. LEXIS 114 (Wyo. 1963).

The courts will adopt principles of common law as rules of decision so far only as those principles are adapted to circumstances within the state, its state of society and its form of government. Fuchs v. Goe, 62 Wyo. 134, 163 P.2d 783, 1945 Wyo. LEXIS 32 (Wyo. 1945).

The common law is not exactly the common law of 1607. Many, and probably most of the rules of the common law of 1607, aside from equitable rules and aside from fundamental maxims, have been modified by judicial decisions. Krug v. Reissig, 488 P.2d 150, 1971 Wyo. LEXIS 244 (Wyo. 1971).

Common law obtains only when not changed by statute, and statutes take precedence where there is any inconsistency or conflict with the unwritten law. Schlattman v. Stone, 511 P.2d 959, 1973 Wyo. LEXIS 169 (Wyo. 1973); Snell v. Ruppert, 541 P.2d 1042, 1975 Wyo. LEXIS 171 (Wyo. 1975), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

In construing statutes the rules of the common law are not to be changed by doubtful implication nor overturned except by clear and unambiguous language. McKinney v. McKinney, 59 Wyo. 204, 135 P.2d 940, 1943 Wyo. LEXIS 3 (Wyo. 1943).

Meaning of statutes is determined in light of common law. —

Statutes are to be construed in harmony with existing law and their meaning determined in the light of the common law. Goldsmith v. Cheney, 468 P.2d 813, 1970 Wyo. LEXIS 164 (Wyo. 1970).

When common law abrogated. —

If a statute covers a whole subject matter, abrogation of the common law on the subject will necessarily be implied. In re Roberts' Estate, 58 Wyo. 438, 133 P.2d 492, 1943 Wyo. LEXIS 58 (Wyo. 1943); Schlattman v. Stone, 511 P.2d 959, 1973 Wyo. LEXIS 169 (Wyo. 1973); Snell v. Ruppert, 541 P.2d 1042, 1975 Wyo. LEXIS 171 (Wyo. 1975), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Incompatible or useless common-law rule not followed. —

The supreme court has not hesitated to break new ground and adopt an interpretation that meets the changing needs of Wyoming citizens when a common-law rule has outlived its usefulness or is incompatible with social policy. Nulle v. Gillette-Campbell County Joint Powers Fire Bd., 797 P.2d 1171, 1990 Wyo. LEXIS 102 (Wyo. 1990).

Meaning of “judicial decisions.” —

The common law of England of a general nature in force in 1607 is the law of this state, except insofar as it is modified by judicial decisions, and except as it is inconsistent with the law of this state, “judicial decisions” meaning those of all the various jurisdictions, and, among them, we are at liberty to adopt that interpretation which seems best. In re Smith's Estate, 55 Wyo. 181, 97 P.2d 677, 1940 Wyo. LEXIS 4 (Wyo. 1940).

Use of common law by supreme court. —

The adoption of common law by Wyoming was not an adoption of a set code of law. A case must be decided in accordance with the decisions subsequent to the time of James I and the decisions which must govern are not only the English decisions, but other decisions as well, and the supreme court is at liberty to follow any of them or rest its decision upon the fundamental principles underlying all of them. Choman v. Epperley, 592 P.2d 714, 1979 Wyo. LEXIS 389 (Wyo. 1979).

Courts may rely upon and follow English decisions. —

The common law having been adopted in this state, the courts may rely upon and follow the English decisions so far as they are not incompatible with the statute law. Johnston v. Laird, 48 Wyo. 532, 52 P.2d 1219, 1935 Wyo. LEXIS 52 (Wyo. 1935); Snell v. Ruppert, 541 P.2d 1042, 1975 Wyo. LEXIS 171 (Wyo. 1975), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Citation of cases from other common-law jurisdictions. —

It is, and has been, the constant practice of courts in common-law jurisdictions to freely cite cases from other common-law courts. Krug v. Reissig, 488 P.2d 150, 1971 Wyo. LEXIS 244 (Wyo. 1971).

The supreme court cannot consider the various decisions of courts in other common-law jurisdictions as the law in this state, but considers them as interpretations of the common law, and is at liberty to adopt that interpretation which seems to be the best. Krug v. Reissig, 488 P.2d 150, 1971 Wyo. LEXIS 244 (Wyo. 1971).

Erroneous holdings need not be followed. —

While the supreme court cannot legislate, it need not help to perpetuate erroneous holding in case once part of common law of England, but so modified by judicial decisions as not to be part of common law of Wyoming, within this section. Investors' Guar. Corp. v. Thomson, 31 Wyo. 264, 225 P. 590, 1924 Wyo. LEXIS 25 (Wyo. 1924).

Quoted in

In re Adoption of RDS, 787 P.2d 968, 1990 Wyo. LEXIS 23 (Wyo. 1990); Freudenthal v. Cheyenne Newspapers, Inc., 2010 WY 80, 233 P.3d 933, 2010 Wyo. LEXIS 83 (June 22, 2010).

Stated in

Billis v. State, 800 P.2d 401, 1990 Wyo. LEXIS 119 (Wyo. 1990).

Cited in

Greenwalt v. Ram Rest. Corp., 2003 WY 77, 71 P.3d 717, 2003 Wyo. LEXIS 96 (Wyo. 2003).

Law reviews. —

For an article dealing with tenure, estate in fee tail, Shelley's Rule, and the doctrine of worthier title, see 2 Wyo. L.J. 91.

See “Survival of Certain Feudal Law Concepts in Wyoming,” 2 Wyo. L.J. 109.

See “Disposition of Property Held by Entirety Where One Spouse Murders the Other,” 6 Wyo. L.J. 266.

See “Implied Revocation of Wills in Wyoming,” 10 Wyo. L.J. 112.

For a note, “Prescriptive Acquisition of Easements in Wyoming,” see 12 Wyo. L.J. 59 (1957).

See “Tenancy by the Entirety and Recent Wyoming Decisions,” 12 Wyo. L.J. 121 (1958).

See “Governmental Immunity from Damage Actions in Wyoming,” 7 Land & Water L. Rev. 229 (1972).

See “Governmental Immunity from Damage Actions in Wyoming — Part II,” 7 Land & Water L. Rev. 617 (1972).

For case note, “Sovereign Immunity of the State of Wyoming. Oroz v. Board of County Comm'rs, 575 P.2d 1155, 1978 Wyo. LEXIS 274 (Wyo. 1978),” see XIV Land & Water L. Rev. 271 (1979).

For comment, “Landlord-Tenant Reform: Toward A Warranty of Habitability for Leased Residential Premises in Wyoming,” see XVIII Land & Water L. Rev. 765 (1983).

For case note, “Torts — Injuries Arising From Negligence in Furnishing Liquor to Minors and Intoxicated Adults: New Tort Action in Wyoming. McClellan v. Tottenhoff, 666 P.2d 408, 1983 Wyo. LEXIS 341 (Wyo. 1983),” see XIX Land & Water L. Rev. 285 (1984).

For comment, “The Doctrine of Sovereign Immunity in Wyoming: Current Status of the Doctrine and Arguments for Abrogation,” see XX Land & Water L. Rev. 221 (1985).

Am. Jur. 2d, ALR and C.J.S. references. —

Stockholders' common-law right to inspect books and records of corporations as abrogated by statute, 15 ALR2d 11.

Modification of common-law rule against admission of dying declarations in civil cases, 47 ALR2d 526.

II.Illustrative Cases.

Covenants. —

In view of St. 32, Henry VIII, c. 35, which became part of this section, transferee may enforce covenant, as well as condition, against assignment of lease, at least as to breach subsequent to transfer, though lease is made to lessee and his assigns, which applies only to lawful assigns by license or operation of law. Investors' Guar. Corp. v. Thomson, 31 Wyo. 264, 225 P. 590, 1924 Wyo. LEXIS 25 (Wyo. 1924).

Statute of frauds. —

As the English statute of frauds was adopted in 1676, it does not come within the provisions of this section by which the common law was adopted as of the fourth year of James the First, 1607. Barber v. Smythe, 59 Wyo. 468, 143 P.2d 565, 1943 Wyo. LEXIS 28 (Wyo. 1943).

Usury. —

Because the legislature has covered the whole subject matter as far as usury is concerned, there is no reason to believe common-law remedies still exist. Schlattman v. Stone, 511 P.2d 959, 1973 Wyo. LEXIS 169 (Wyo. 1973).

Governmental immunity doctrine court-created. —

The doctrine of governmental and municipal immunity, as contrasted to sovereign immunity, cannot be held to be a legislative rule, but is a court-created rule. Worthington v. State, 598 P.2d 796, 1979 Wyo. LEXIS 434 (Wyo. 1979).

Joint tenancies not favored. —

Although Wyoming has not, by statute, directly reversed the one time common-law presumption favoring joint tenancies, the common law has been modified by judicial decisions to accomplish such reversal. Choman v. Epperley, 592 P.2d 714, 1979 Wyo. LEXIS 389 (Wyo. 1979).

Suspension of power of alienation. —

At common law there is a rule or policy against unduly protracted suspension of the power of alienation. McGinnis v. McGinnis, 391 P.2d 927, 1964 Wyo. LEXIS 96 (Wyo. 1964).

Applicability of rule in Shelley's Case. —

See Crawford v. Barber, 385 P.2d 655, 1963 Wyo. LEXIS 114 (Wyo. 1963).

Charitable trusts are recognized as part of the common law adopted in Wyoming as set forth in this section. Cody v. Buffalo Bill Memorial Ass'n, 64 Wyo. 468, 196 P.2d 369, 1948 Wyo. LEXIS 14 (Wyo. 1948).

As are private rights-of-way acquired by prescription. —

Acquisition of a private right-of-way by prescription is governed by the common law which is the law of Wyoming as provided by this section, and under the common law such a right is recognized. Haines v. Galles, 76 Wyo. 411, 303 P.2d 1004, 1956 Wyo. LEXIS 50 (Wyo. 1956).

But statute as to way of necessity abrogates common law. —

Section 24-9-101 , which provides that any person whose land has no outlet to, nor connection with, a public road, may make application for a private road, abrogates the common law, under which there is present the implied consent of the owner that his grantee has an outlet from the property he has conveyed and payment of compensation for the way of necessity is not anticipated. Snell v. Ruppert, 541 P.2d 1042, 1975 Wyo. LEXIS 171 (Wyo. 1975), overruled in part, Ferguson Ranch, Inc. v. Murray, 811 P.2d 287, 1991 Wyo. LEXIS 84 (Wyo. 1991).

Creation of land interest in stranger, through reservationor exception in conveyance, allowed. —

The primitive rule of the common law, that no interest in land may be created in favor of a stranger to the title by means of a reservation or exception in a conveyance thereof, is judicially repealed. Simpson v. Kistler Inv. Co., 713 P.2d 751, 1986 Wyo. LEXIS 455 (Wyo. 1986).

Marriage statute. —

Various provisions of marriage statute constitute complete code on form and requisites of marriage, and hence there is no room for contention that statutory provisions in contravention of common law must be strictly construed. In re Roberts' Estate, 58 Wyo. 438, 133 P.2d 492, 1943 Wyo. LEXIS 58 (Wyo. 1943).

Visitation. —

Common law precluded stepfather and sibling from bringing an action for visitation of a minor following modification of a custody order to grant custody of the minor to his biological father; under the common law courts deferred to the right of the parents to make decisions regarding their children's associations, and the legislature has specifically abrogated the common law by granting to only two classes of persons other than parents, grandparents and primary caregivers, standing to bring actions for visitation. MBB v. ERW, 2004 WY 134, 100 P.3d 415, 2004 Wyo. LEXIS 175 (Wyo. 2004).

Liability of husband for torts of wife. —

Husband is not liable for damage caused by automobile owned and driven by wife, where husband was not present when accident happened, since husband is not liable for torts committed by wife in use of her separate estate and property, where no question of agency, ratification, participation or consent of husband is involved. Christensen v. McCann, 41 Wyo. 101, 282 P. 1061, 1929 Wyo. LEXIS 9 (Wyo. 1929).

Right of wife to sue husband. —

Wife as invited guest in husband's automobile may not sue husband for alleged gross negligence as result of which she suffers injury, at least not in absence of liability insurance taken out by husband for his protection. McKinney v. McKinney, 59 Wyo. 204, 135 P.2d 940, 1943 Wyo. LEXIS 3 (Wyo. 1943).

Women not denied cause of action for loss of consortium. —

The common-law rule that a wife was not entitled to damages for loss of consortium had its genesis in a social, economic and political climate entirely foreign to Wyoming in 1986. Hence, a woman will no longer be denied a cause of action for loss of consortium. However, the trial court should reduce any award to the wife by the percentage of fault attributed her husband, as a cause of action for loss of consortium is a derivative action, and the causal negligence of the injured spouse limits recovery of the claiming spouse under the comparative negligence statute (§ 1-1-109(b)(ii)). Weaver v. Mitchell, 715 P.2d 1361, 1986 Wyo. LEXIS 513 (Wyo. 1986).

Master cannot maintain action for servant's injuries. —

The common-law rule that a master may maintain an action for injuries to his servant resulting from negligent acts of third persons which damage the master through loss of the servant's services is neither well suited to the times nor accepted in modern jurisprudence. Champion Well Serv. v. NL Indus., 769 P.2d 382, 1989 Wyo. LEXIS 49 (Wyo. 1989).

Common law applies to birth of child after execution of will.—

As Wyoming has no statute expressly providing, as many statutes do, that the birth of a child subsequent to the execution of a will shall revoke it, the court must resort to the rule of common law as directed by this section. Burns v. Burns, 67 Wyo. 314, 224 P.2d 178, 1950 Wyo. LEXIS 16 (Wyo. 1950).

Under the common law the birth of a child after the execution of a will does not revoke the will as to the subsequently born child as a matter of law, but each case is determined on the facts and circumstances. The fundamental factor to be considered is the intention of the testator. Burns v. Burns, 67 Wyo. 314, 224 P.2d 178, 1950 Wyo. LEXIS 16 (Wyo. 1950).

Section 2-4-105 contemplates that court will follow this section. —

Section 2-4-105 , pertaining to revocation of wills, doubtless contemplates that the supreme court will follow provisions of this section to effect that the common law of England as modified by judicial decisions and by statutes to 1607 shall be the rule of decision in this state. Johnston v. Laird, 48 Wyo. 532, 52 P.2d 1219, 1935 Wyo. LEXIS 52 (Wyo. 1935).

Nuncupative will. —

A nuncupative will was valid under the common law. Merrill v. State (In re Estate of Thornton), 21 Wyo. 421, 133 P. 134, 1913 Wyo. LEXIS 21 (Wyo. 1913).

Arbitration is subject to review under common law. —

An arbitration under the law prevailing in this jurisdiction is subject to review under the common-law rule in an appropriate proceeding. In re Appeal of Riverton Valley Elec. Ass'n, 391 P.2d 489, 1964 Wyo. LEXIS 95 (Wyo. 1964).

Doctrine of governmental immunity. —

By statute (this section) the doctrine of governmental immunity became the rule of decision in our state and it is only by statute that the doctrine should be abrogated. Maffei v. Kemmerer, 80 Wyo. 33, 338 P.2d 808, 1959 Wyo. LEXIS 21 (Wyo. 1959), overruled, Collins v. Memorial Hosp., 521 P.2d 1339, 1974 Wyo. LEXIS 202 (Wyo. 1974), overruled, Jivelekas v. Worland, 546 P.2d 419, 1976 Wyo. LEXIS 172 (Wyo. 1976).

The doctrine of governmental immunity in Wyoming is not court created; it was adopted by this section. Davis v. Board of County Comm'rs, 495 P.2d 21, 1972 Wyo. LEXIS 239 (Wyo. 1972), overruled, Collins v. Memorial Hosp., 521 P.2d 1339, 1974 Wyo. LEXIS 202 (Wyo. 1974), overruled, Jivelekas v. Worland, 546 P.2d 419, 1976 Wyo. LEXIS 172 (Wyo. 1976). But see Jivelekas v. Worland, 546 P.2d 419, 1976 Wyo. LEXIS 172 (Wyo. 1976) (opinion of Rose, J.).

Suspension of attorneys. —

Under statutory and common law, the license of an attorney to practice in supreme court will be suspended where in conversation he applies to the court, by reason of its decision in a certain cause, vile, opprobrious and indecent epithets, and accuses one of the judges of being bribed. In re Brown, 3 Wyo. 121, 4 P. 1085, 1884 Wyo. LEXIS 5 (Wyo. 1884).

Sunday is a nonjudicial day and the discharge of a jury on Sunday is a judicial act and void. Hovey v. Sheffner, 16 Wyo. 254, 93 P. 305, 1908 Wyo. LEXIS 24 (Wyo. 1908).

Venue in criminal cases. —

The problem whether an indictment against an accessory before the fact could be in the county of enticement or in that of the accomplished felony, along with that of murders and felonies committed in several counties, was clarified in the English 2 and 3 of Edw. VI, c. 24 (1548). We inherited this common law and by statute specifically adopted it, thereby making it the background for interpretation of our laws. Goldsmith v. Cheney, 468 P.2d 813, 1970 Wyo. LEXIS 164 (Wyo. 1970).

Accessories to misdemeanors. —

There were no accessories to misdemeanors at common law. State v. Weekley, 40 Wyo. 162, 275 P. 122, 1929 Wyo. LEXIS 28 (Wyo. 1929).

Restitution as remedy. —

Restitution was an appropriate remedy where defendant converted and concealed a road grader and lied about its whereabouts. Cross v. Berg Lumber Co., 7 P.3d 922, 2000 Wyo. LEXIS 167 (Wyo. 2000), reh'g denied, 2000 Wyo. LEXIS 179 (Wyo. Aug. 8, 2000).

§ 8-1-102. Definitions.

  1. As used in the statutes unless the legislature clearly specifies a different meaning or interpretation or the context clearly requires a different meaning:
    1. “Adult” means a person who is not a minor;
    2. “Bond” includes an undertaking;
    3. When used in a context denoting age:
      1. “Majority” means that period of time when a person is an adult;
      2. “Minor” means a person who has not yet reached the eighteenth anniversary of his birth;
      3. “Minority” means that period of time when a person is a minor.
    4. “Month” means a calendar month, and “year” means a calendar year; the word “year” is equivalent to the words, “year of our Lord”;
    5. “Oath” includes affirmation;
    6. “Person” includes an individual, partnership, corporation, joint stock company or any other association or entity, public or private;
    7. “Preceding” and “following,” when referring to sections in statutes, mean the sections next preceding or next following that in which the words occur, unless some other section is designated;
    8. “Will” includes the words “testament” and “codicil”;
    9. “Written” and “in writing” include printing, lithographing or other modes of representing words and letters, but in all cases if the written signature of any person is required the proper handwriting of that person, or his mark, is intended;
    10. “District attorney” includes a county and prosecuting attorney in a county where the office of district attorney has not been created. This definition shall specifically not apply to W.S. 9-1-801 through 9-1-811 ;
    11. “State penal institution” includes the Wyoming state penitentiary, Wyoming state penitentiary farms and camps, Wyoming women’s center, Wyoming correctional facility, community correctional facilities defined by W.S. 7-18-102(a)(i) and any other state penal institution created by law for the incarceration of convicted felons;
    12. “Elected state official” means the governor, secretary of state, state auditor, state treasurer and superintendent of public instruction;
    13. “Intellectual disability” means significantly subaverage general intellectual functioning with concurrent deficits in adaptive behavior manifested during the developmental period. “Intellectually disabled” means a person with an intellectual disability;
    14. “Notarial officer” means a notary public or other officer authorized to perform notarial acts as defined in W.S. 32-3-102(a)(xviii);
    15. “Last federal census” means the last official federal decennial census as conducted and officially corrected by the bureau of census, including any changes for boundary modifications, to become effective on July 1 next following the receipt of the official census figures;
    16. “Population” of a city, town, county, legislative district or other political subdivision shall be determined by resort to the last federal census;
    17. “Surrender” when referring to a driver’s license or identification card means as provided in W.S. 31-7-131 ;
    18. “Personal digital identity” means the intangible digital representation of, by and for a natural person, over which he has principal authority and through which he intentionally communicates or acts;
    19. “Organizational digital identity” means the intangible digital representation of, by and for a corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity that is not a natural person, over which it has principal authority and through which it intentionally communicates or acts.

History. Laws 1888, ch. 3, § 3; R.S. 1899, § 2724; C.S. 1910, § 3617; C.S. 1920, § 4570; R.S. 1931, § 112-101; C.S. 1945, § 16-402; W.S. 1957, § 8-18; Laws 1973, ch. 10, § 1; ch. 213, § 1; 1975, ch. 21, § 1; W.S. 1977, § 8-3-102 ; Laws 1978, ch. 37, § 1; 1983, ch. 25, § 1; 1992, ch. 25, § 3; 1993, ch. 1, § 1; 2004, ch. 132, § 2; 2008, ch. 20, § 2; ch. 70, § 1; 2009, ch. 170, § 1; 2020, ch. 15, § 1; 2021, ch. 27, § 2; ch. 63, § 2.

Cross references. —

As to meaning of words in statutes relating to crimes, see § 6-1-104 .

The 2004 amendment, effective July 1, 2004, added (a)(xii).

The 2008 amendments. — The first 2008 amendment, by ch. 20, § 2, effective July 1, 2008, added (a)(xiv).

The second 2008 amendment, by ch. 70, § 1, added (a)(xiii).

Laws 2008, ch. 70, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 7, 2008.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2009 amendment, effective July 1, 2009, added (a)(xv) and (a)(xvi).

The 2020 amendment, effective July 1, 2020, added (a)(xvii).

The 2021 amendments. —

The first 2021 amendment, by ch. 27, § 2, effective July 1, 2021, substituted "32-3-102(a)(xviii)" for "34-26-101(b)(iii)" in (a)(xiv).

The second 2021 amendment, by ch. 63, § 2, effective July 1, 2021, added (a)(xviii) and (a)(xix).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Laws 2009, ch. 170, § 3 provides:

“(a) No authority to issue any license based upon population shall be diminished by application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census.

“(b) No distribution of funding shall be diminished or increased based upon application of this act until the 2010 federal decennial census has been conducted and officially released by the bureau of census. To the extent any entity's share of funding would be reduced or increased by application of this act before that time, the distribution of funds shall be administered in accordance with the provisions of law prior to the amendment or repeal of such law by this act.”

“Person.” —

The term “person,” as defined in subsection (a)(vi), is the meaning the legislature intended to incorporate into the restitution statutes when it utilized the term in the definition of a “victim.” DCI. Merkison v. State, 996 P.2d 1138, 2000 Wyo. LEXIS 24 (Wyo. 2000).

In a welfare fraud case where restitution was ordered, a victim impact statement from the Wyoming Department of Family Services was properly considered because the Department was a “person.” Shafer v. State, 2015 WY 38, 344 P.3d 284, 2015 Wyo. LEXIS 42 (Wyo. 2015).

Cited in

Cloud v. State, 2014 WY 113, 2014 Wyo. LEXIS 130 (Sept. 10, 2014).

Quoted in

In re Estate of Zelikovitz, 923 P.2d 740, 1996 Wyo. LEXIS 126 (Wyo. 1996).

Law reviews. —

See article, “Wyoming's Law of Decedents' Estates, Guardianship and Trusts: A Comparison with the Uniform Probate Code — Part IV,” 10 Land & Water L. Rev. 155 (1975).

§ 8-1-103. Rules of construction for statutes.

  1. The construction of all statutes of this state shall be by the following rules, unless that construction is plainly contrary to the intent of the legislature:
    1. Words and phrases shall be taken in their ordinary and usual sense, but technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import;
    2. Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of those persons, unless otherwise declared in the law giving the authority;
    3. Reference to a numbered section, subsection, paragraph, subparagraph or other subdivision “of the statutes” and the abbreviation “W.S.” when used in conjunction with a statute section number or its designation or identification means the Wyoming Statutes in their most recently published form including amendments to original enactments;
    4. Words in the present tense include the future tense;
    5. Words in the plural form include the singular and words in the singular form include the plural;
    6. Words in the masculine gender include the feminine and neuter genders;
    7. Any uniform act shall be interpreted and construed to effectuate its general purpose to make uniform the law of those states which enact it;
    8. If any provision of any act enacted by the Wyoming legislature or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of any such act are severable;
    9. Reference to legislative salary, per diem or compensation in any statute establishing the amount of salary, per diem or compensation to be paid a person who is not a legislator, shall be deemed a reference only to the rate of legislative salary, per diem or compensation set by statute and shall not be construed to authorize the payment of salary for meeting preparation days as provided for legislators under W.S. 28-5-101(e)(iii) or the payment of salary for travel days provided for legislators under W.S. 28-5-101(e)(iv).

History. Laws 1888, ch. 3, § 3; R.S. 1899, § 2724; C.S. 1910, § 3617; C.S. 1920, § 4570; R.S. 1931, § 112-101; C.S. 1945, § 16-402; W.S. 1957, § 8-18; Laws 1973, ch. 10, § 1; 1975, ch. 21, § 1; W.S. 1977, § 8-3-102 ; Laws 1978, ch. 37, § 1; 1979, ch. 32, § 1; 2008, ch. 16, § 1.

Cross references. —

As to construction of code of civil procedure, see § 1-1-101 .

As to general definitions and rules of construction for the Uniform Commercial Code, see § 34.1-1-101 et seq.

The 2008 amendment, effective January 5, 2009, added (a)(ix).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

I.General Consideration.

Intention of lawmaking body is controlling factor. —

The intention of the lawmaking body to be gathered from the terms of the statute in the light of the objects and purposes intended to be accomplished, is always the controlling factor in the construction of legislative acts. Hoffmeister v. McIntosh, 361 P.2d 678, 1961 Wyo. LEXIS 93 (Wyo.), reh'g denied, 364 P.2d 823, 1961 Wyo. LEXIS 114 (Wyo. 1961).

Where legislative intent is discernible a court should give effect to that intent. State v. Stern, 526 P.2d 344, 1974 Wyo. LEXIS 231 (Wyo. 1974).

Legislative intent governs in the construction of statutes, and that intent must be ascertained by reading the statute according to the natural import of the language used without resorting to subtle and forced construction. State v. Stern, 526 P.2d 344, 1974 Wyo. LEXIS 231 (Wyo. 1974).

Legislative history to be considered. —

The supreme court must pay attention to the legislative history of an act in order to determine its meaning. Clearmont v. State Highway Comm'n, 357 P.2d 470, 1960 Wyo. LEXIS 81 (Wyo. 1960).

Related statutes to be considered together. —

It is a fundamental principle of statutory construction that to ascertain the meaning of a given law all statutes relating to the same subject or having the same general purpose shall be read in connection with it as constituting one law. They must be construed in harmony, else the law of the state would consist of disjointed and unharmonious parts with a conflicting and confusing result. Stringer v. Board of County Comm'rs, 347 P.2d 197, 1959 Wyo. LEXIS 5 (Wyo. 1959).

Statutes in pari materia must be compared, harmonized if possible, and if not susceptible of construction which will harmonize their provisions, must operate together so far as possible consistently with evident intent of latest act. Gale v. School Dist., 49 Wyo. 384, 54 P.2d 811, 1936 Wyo. LEXIS 43 (Wyo. 1936).

Every law must be presumed to be constitutional with all reasonable doubt resolved in its favor. State v. Stern, 526 P.2d 344, 1974 Wyo. LEXIS 231 (Wyo. 1974).

Special act controls over inconsistent general law. —

If a special act is inconsistent with the general law then the provisions of the special act must control. Reitveld v. Northern Wyo. Community College Dist., 344 P.2d 986, 1959 Wyo. LEXIS 55 (Wyo. 1959).

Statutes read according to natural import of language. —

The court will ascertain intent of statute by reading it according to the natural import of the language, without resorting to subtle and forced construction. Board of Comm'rs v. Blakely, 20 Wyo. 259, 123 P. 72, 1912 Wyo. LEXIS 34 (Wyo. 1912).

Words to be given their natural, customary and ordinary meaning. —

In construing statutes, words or phrases should generally be given their natural, ordinary and customary meaning. Texas Co. v. Siefried, 60 Wyo. 142, 147 P.2d 837, 1944 Wyo. LEXIS 5 (Wyo.), reh'g denied, 60 Wyo. 174, 150 P.2d 99 (Wyo. 1944).

In interpreting statutes, it is presumed legislature intended ordinary meaning of language. Ward v. Board of Comm'rs, 36 Wyo. 460, 36 Wyo. 461, 256 P. 1039, 1927 Wyo. LEXIS 54 (Wyo. 1927).

No room for construction of plain language. —

Even in absence of statute fixing rule of construction, if language of act is plain and unambiguous there is no room for construction. International Harvester Co. v. Jackson Lumber Co., 25 Wyo. 367, 170 P. 6, 1918 Wyo. LEXIS 2 (Wyo. 1918).

Where there is plain, unambiguous language used in a statute there is no room for construction, and a court may not properly look for and impose another meaning. State v. Stern, 526 P.2d 344, 1974 Wyo. LEXIS 231 (Wyo. 1974).

The intent of the lawmaker is to be found in the language of the statute, and if it be plain there is no room for construction. In re Brennan, 29 Wyo. 116, 210 P. 939, 1922 Wyo. LEXIS 13 (Wyo. 1922).

Words having a well-settled meaning in the jurisprudence of the country are to be understood in that sense when used in statutes unless a different meaning is unmistakably intended. Knowledge of the settled principles of statutory interpretation must be imputed to the legislature. In re Dragoni, 53 Wyo. 143, 79 P.2d 465, 1938 Wyo. LEXIS 7 (Wyo. 1938), overruled, Heather v. Delta Drilling Co., 533 P.2d 1211, 1975 Wyo. LEXIS 138 (Wyo. 1975).

Meaning of word at time of usage preferred. —

When a word has a well-settled meaning in the law at the time of usage it will be so understood unless a different meaning is unmistakably intended. School Dist. v. Cook, 424 P.2d 751, 1967 Wyo. LEXIS 144 (Wyo. 1967); Johnson v. Safeway Stores, 568 P.2d 908, 1977 Wyo. LEXIS 315 (Wyo. 1977).

When words of statute not literally construed. —

Words of statute will not be literally construed, where such construction would defeat evident purpose of legislature. Houghton Bros. v. Yocum, 40 Wyo. 57, 274 P. 10, 1929 Wyo. LEXIS 17 (Wyo. 1929).

“Liberal construction” not to force words out of natural meaning. —

In statutory construction, words should not be forced out of their natural meaning and should receive a fair and reasonable construction so as to obtain the objects for which a statute is designed: “Liberal construction” does not require that words be forced out of their natural meaning. Thomson v. Wyoming In-Stream Flow Comm., 651 P.2d 778, 1982 Wyo. LEXIS 387 (Wyo. 1982).

General words may be limited. —

In order that law may conform to legislative intent, general words of statute may be limited. In re Metcalf's Estate, 41 Wyo. 36, 282 P. 27, 1929 Wyo. LEXIS 6 (Wyo. 1929).

And omitted words supplied. —

It is generally permissible, in construction of statute, to supply a word which obviously has been inadvertently omitted and is necessary to complete the sense and express the legislative intent, though such power must be exercised with care. Bench Canal Co. v. Sullivan, 39 Wyo. 345, 271 P. 221, 1928 Wyo. LEXIS 103 (Wyo. 1928).

Rule treated as binding directive from legislature. —

This section is a rule of statutory interpretation, but the supreme court has nonetheless treated the rule as a binding directive from the legislature. The supreme court sees no reason to depart from its longstanding view of this section as binding. Air Methods v. Dep't of Workforce Servs., 2018 WY 128, 432 P.3d 476, 2018 Wyo. LEXIS 132 (Wyo. 2018).

Preempted provisions can be severed.

In a case in which the Wyoming Workers’ Compensation Division paid the claimants, who operated air ambulance services in Wyoming, only the amounts permitted by its fee schedule, the Division was required to pay the full amount billed by the claimants because severing the workers’ compensation ambulance provision was consistent with the Wyoming Worker’s Compensation Act’s goal of quick and efficient delivery of medical benefits; as severed, air ambulance charges incurred by an injured worker were covered expenses, and the Division had authority to pay those charges; and, applying the Airline Deregulation Act of 1978 (ADA), the Division was barred by the ADA’s preemption provision from taking unilateral action to reduce the claimants’ rates. Air Methods v. Dep't of Workforce Servs., 2018 WY 128, 432 P.3d 476, 2018 Wyo. LEXIS 132 (Wyo. 2018).

Unconstitutional provisions can be severed. —

Any of the provisions in a Wyoming statute that are found unconstitutional can be severed from the statute under the general rule of severability provided by Wyo. Stat. Ann. § 8-1-103(a)(viii). Thus, the court found that Wyo. Stat. Ann. § 6-4-303 is not facially overbroad under the First Amendment because, even if at least two one of the definitions of child pornography in a federal statute paralleling § 6-4-303 were struck down as unconstitutional in Ashcroft v. Free Speech Coalition, 535 U.S. 234, 122 S. Ct. 1389, 152 L. Ed. 2d 403, 2002 U.S. LEXIS 2789 (2002), at least one of the definitions in § 6-4-303 is constitutional because it defines child pornography as requiring the use of a real child. Rutti v. State, 2004 WY 133, 100 P.3d 394, 2004 Wyo. LEXIS 177 (Wyo. 2004), reh'g denied, 2004 Wyo. LEXIS 215 (Wyo. Dec. 14, 2004), cert. denied, 544 U.S. 1019, 125 S. Ct. 1990, 161 L. Ed. 2d 858, 2005 U.S. LEXIS 3781 (U.S. 2005).

Construction of penal statutes. —

While penal statutes are to be strictly construed, they need not be given over-narrow meanings in disregard of the obvious purpose of the legislative body. State v. Stern, 526 P.2d 344, 1974 Wyo. LEXIS 231 (Wyo. 1974).

Definition of criminal offense. —

If a statute in defining a criminal offense omits certain necessary and essential provisions which serve to impress the acts committed as being wrongful and criminal, the courts are not at liberty to supply the deficiencies or undertake to make the statute definite and certain. State v. Stern, 526 P.2d 344, 1974 Wyo. LEXIS 231 (Wyo. 1974).

Applied in

Board of County Comm'rs v. Atter, 734 P.2d 549, 1987 Wyo. LEXIS 411 (Wyo. 1987); Salisbury Livestock Co. v. Colorado Cent. Credit Union, 793 P.2d 470, 1990 Wyo. LEXIS 68 (Wyo. 1990); Griess v. Office of the AG, Div. of Crim. Investigation, 932 P.2d 734, 1997 Wyo. LEXIS 14 (Wyo. 1997).

Quoted in

Board of County Comm'rs v. Ridenour, 623 P.2d 1174, 1981 Wyo. LEXIS 287 (Wyo. 1981); Bettcher v. Wyoming Dep't of Emp., 884 P.2d 635, 1994 Wyo. LEXIS 142 (Wyo. 1994); Smith v. State, 902 P.2d 1271, 1995 Wyo. LEXIS 161 (Wyo. 1995).

Cited in

Halliburton Co. v. McAdams, Roux & Assocs., 773 P.2d 153, 1989 Wyo. LEXIS 113 (Wyo. 1989); Soles v. State, 809 P.2d 772, 1991 Wyo. LEXIS 59 (Wyo. 1991); RT Communications, Inc. v. State Bd. of Equalization, 11 P.3d 915, 2000 Wyo. LEXIS 198 (Wyo. 2000).

Am. Jur. 2d, ALR and C.J.S. references. —

Legislative adoption of compiled or revised statutes as giving effect to former repealed or suspended provisions included therein; inclusion of conflicting statutes, 12 ALR2d 423.

Validity and construction of statute or ordinance prohibiting use of “obscene” language in public, 2 ALR4th 1331.

II.Particular Words and Phrases.

“By operation of law.” —

Where used to describe method by which title to property is transferred, “by operation of law” includes a transfer by intestacy. La Chapelle v. Union Pac. Coal Co., 29 Wyo. 449, 214 P. 587, 1923 Wyo. LEXIS 24 (Wyo. 1923), writ of error dismissed, 264 U.S. 575, 44 S. Ct. 452, 68 L. Ed. 857, 1924 U.S. LEXIS 2566 (U.S. 1924).

“Manufacturing.” —

There being no reason to believe that legislature in the Use Tax Act (ch. 118, Laws 1937) used term “manufacturing” in a technical sense, supreme court presumes that legislature used term in its natural, ordinary and everyday meaning. Morrison-Knudson Co. v. State Bd. of Equalization, 58 Wyo. 500, 135 P.2d 927, 1943 Wyo. LEXIS 62 (Wyo. 1943).

“Used.” —

The word “used” is broad enough to include withdrawal of gasoline from storage within the state because tax imposed applies to dealers, distributors and storers the moment they withdraw it from storage. Texas Co. v. Siefried, 60 Wyo. 142, 147 P.2d 837, 1944 Wyo. LEXIS 5 (Wyo.), reh'g denied, 60 Wyo. 174, 150 P.2d 99 (Wyo. 1944).

“Wholesale sales.” —

Where defendant made sales of various supplies and equipment to corporations which were engaged in business of producing crude oil for sale and profit, and some in the business of refining crude oil, and the purchase of the supplies and equipment was for use in producing and refining. Under Laws 1935, ch. 74, § 2 (f) (since superseded, see § 39-15-101(a)(viii)), those who were refiners were also producing or manufacturing the commodities obtained from the oil by the refining process, and such sales were wholesale sales, and exempt from the tax. State Bd. of Equalization v. Oil Wells Supply Co., 51 Wyo. 226, 65 P.2d 1093, 1937 Wyo. LEXIS 15 (Wyo. 1937).

§ 8-1-104. Identification of laws amended or repealed in amending or repealing acts.

In amending, altering or repealing any of the laws of Wyoming, it is sufficient to identify each of the laws to be so amended, altered or repealed by designating the particular section, subsection, paragraph, subparagraph or other subdivision of the statutes affected by the appropriate number or letter, or by the appropriate chapter and section of a session law if the law to be amended, altered or repealed is not a numbered statute, and it is not necessary to refer by title or otherwise to the original legislative enactment, or amendment thereof, to be so affected. Each bill for an act to amend, alter or repeal any laws in effect, but not yet published, shall refer to the laws by their title and the date of approval by the governor. Nothing in this section shall be construed as altering any rule or requirement that any portion of an enactment being amended shall be set forth in full.

History. Laws 1888, ch. 3, § 2; R.S. 1899, § 2725; C.S. 1910, § 3618; C.S. 1920, § 4571; R.S. 1931, § 112-102; Laws 1941, ch. 43, § 1; C.S. 1945, § 16-401; Laws 1947, ch. 2, § 1; W.S. 1957, § 8-19; W.S. 1977, § 8-3-104 ; Laws 1978, ch. 37, § 1.

Applied in

Long v. State, 745 P.2d 547, 1987 Wyo. LEXIS 542 (Wyo. 1987).

Cited in

Alberts v. State, 745 P.2d 898, 1987 Wyo. LEXIS 539 (Wyo. 1987).

Am. Jur. 2d, ALR and C.J.S. references. —

Constitutional requirement that repealing statute refer to statute repealed as applicable to repeal by implication, 5 ALR2d 1270.

§ 8-1-105. Identification and designation of sections, subsections and other divisions of bills; duty to insert; method.

  1. Each section, subsection, paragraph, subparagraph, indented clause or other subdivision of every bill for any act, memorial or resolution which may be introduced in either house of the legislature shall be appropriately and systematically identified and designated by number or letter before the bill is introduced. The legislative service office shall select and insert the identification and designation numbers and letters, whenever needed. In arranging and furnishing copies of the laws passed at each session of the legislature for the printer of the session laws or the Wyoming statutes, the legislative service office shall select and insert the appropriate and systematic identification and designation numbers and letters.
  2. If any bill is for amendment of a prior enactment in which sections, subsections, paragraphs, subparagraphs and other subdivisions are appropriately identified and designated according to a consistent pattern or system, the identification and designation of portions of the bill may conform to that pattern or system, but otherwise shall be accomplished in accordance with the following rules, as nearly as practicable:
    1. The first or only section in a bill shall be identified as section 1, and any following sections shall be identified by Arabic numerals in sequence;
    2. Statute sections within a bill shall be identified by the appropriate title, chapter and section number as: 8-1-105 ;
    3. Subsections (divisions of sections) shall be identified by lower case letters in parentheses as: (a), (b), (c), etc.;
    4. Paragraphs (divisions of subsections) shall be identified by lower case Roman numerals in parentheses, as: (i), (ii), (iii), etc.;
    5. Subparagraphs (divisions of paragraphs) shall be identified by upper case letters in parentheses, as: (A), (B), (C), etc.;
    6. Subdivisions of subparagraphs shall be identified by upper case Roman numerals in parentheses, and any smaller subdivisions shall be identified in accordance with the pattern and system established by this subsection, again starting with Arabic numerals.
  3. The legislative service office may also insert appropriate statute section numbers and section headnotes in a bill for an act. However, statute numbers and headnotes are for reference, identification, and to facilitate preparation of copy for printing only, and do not constitute any part of the substantive law of the enactment. The legislative service office may change statute section numbers or headnotes before or after passage of the act as necessary to correct errors or conform statute numbers or headnotes to reflect amendments made by the legislature to the text of the bill.

History. Laws 1971, ch. 211, § 1; W.S. 1957, § 8-19.1; Laws 1973, ch. 51, § 1; 1975, ch. 21, § 1; W.S. 1977, § 8-3-105 ; Laws 1978, ch. 37, § 1.

§ 8-1-106. Effect of repeal of repealing law.

If any law is repealed which repealed a former law, the former law is not thereby revived unless it is expressly provided.

History. Laws 1888, ch. 3, § 5; R.S. 1899, § 2726; C.S. 1910, § 3619; C.S. 1920, § 4572; R.S. 1931, § 112-103; C.S. 1945, § 16-403; W.S. 1957, § 8-20; W.S. 1977, § 8-3-107 ; Laws 1978, ch. 37, § 1.

§ 8-1-107. Effect of amendment or repeal on pending actions.

If a statute is repealed or amended, the repeal or amendment does not affect pending actions, prosecutions or proceedings, civil or criminal. If the repeal or amendment relates to the remedy, it does not affect pending actions, prosecutions or proceedings, unless so expressed, nor shall any repeal or amendment affect causes of action, prosecutions or proceedings existing at the time of the amendment or repeal, unless otherwise expressly provided in the amending or repealing act.

History. Laws 1913, ch. 9, § 1; C.S. 1920, § 4573; R.S. 1931, § 112-104; C.S. 1945, § 16-404; W.S. 1957, § 8-21; W.S. 1977, § 8-3-108 ; Laws 1978, ch. 37, § 1.

In general. —

Based on the express language in this section, the Wyoming Legislature did not intend to affect any already-initiated court action by a statutory repeal or amendment made during the pendency of that action, unless the repeal or amendment went to the remedy available through that action and if the Legislature expressly noted in the repealing or amending act that it intended to apply the change in remedy to pending actions. The statute also preserves “existing” but not yet “pending” court actions unless a repealing or amending act expressly sets out a contrary intent. Roush v. State, 2014 WY 45, 322 P.3d 34, 2014 Wyo. LEXIS 48 (Wyo. 2014).

Repealed criminal law. —

State could initiate a third degree sexual assault prosecution in 2011 for conduct which preceded the repeal of a criminal statute by more than 4 years because this was permitted under the general saving statute in this section; the saving statute permitted a prosecution for a violation of the law that had been repealed before the prosecution was initiated. Roush v. State, 2014 WY 45, 322 P.3d 34, 2014 Wyo. LEXIS 48 (Wyo. 2014).

Rule that retrospective legislation is not favored applies to workmen's compensation cases. Mustanen v. Diamond Coal & Coke Co., 50 Wyo. 462, 62 P.2d 287, 1936 Wyo. LEXIS 23 (Wyo. 1936).

Retroactive application improper. —

When making factual findings on remand as to a private road, a board of county commissioners could not retroactively apply amended versions of Wyo. Stat. Ann. § 24-9-101 and certify the matter to the district court. This section barred such application, although the amendments were procedural, because it would not prevent a manifest injustice; moreover, allowing the district court to exercise jurisdiction as the fact finding body when it previously had acted in an appellate capacity would lead to absurd results, and the previous remand instructions had not been directed to the district court. Mullinax Concrete Serv. Co. v. Zowada, 2012 WY 55, 275 P.3d 474, 2012 Wyo. LEXIS 60 (Wyo. 2012).

Application for workmen's compensation is pending proceeding. —

An application for compensation under the Workmen's Compensation Law results in a pending “proceeding” within the provisions of this section. Claim of Heil, 65 Wyo. 175, 197 P.2d 692, 1948 Wyo. LEXIS 22 (Wyo. 1948).

Cause of action exists at time of injury. —

A cause of action under the Workmen's Compensation Law exists, within the meaning of this section, in favor of an employee at the time he receives an injury in the course of his employment. Claim of Heil, 65 Wyo. 175, 197 P.2d 692, 1948 Wyo. LEXIS 22 (Wyo. 1948).

Repeal of a statute authorizing an action against a guardian for the care of an insane ward at the state hospital did not destroy the cause of action. State v. Thompson, 45 Wyo. 350, 18 P.2d 619, 1933 Wyo. LEXIS 7 (Wyo. 1933).

Applied in

Wyoming Ref. Co. v. Bottjen, 695 P.2d 647, 1985 Wyo. LEXIS 460 (Wyo. 1985); Reiman Constr. Co. v. Jerry Hiller Co., 709 P.2d 1271, 1985 Wyo. LEXIS 620 (Wyo. 1985); Aden v. State, 761 P.2d 88, 1988 Wyo. LEXIS 114 (Wyo. 1988); Meridian Aggregates Co. v. Wyoming State Bd. of Equalization, 827 P.2d 375, 1992 Wyo. LEXIS 32 (Wyo. 1992).

Quoted in

In re Estate of Boyd, 606 P.2d 1243, 1980 Wyo. LEXIS 240 (Wyo. 1980); Montez v. State, 2009 WY 17, 201 P.3d 434, 2009 Wyo. LEXIS 17 (Feb. 12, 2009); Manzanares v. State, 2015 WY 63, 2015 Wyo. LEXIS 72 (Apr. 29, 2015).

Cited in

Amoco Prod. Co. v. Wyoming State Bd. of Equalization, 7 P.3d 900, 2000 Wyo. LEXIS 160 (Wyo. 2000).

In general. —

2018 amendment to the criminal stalking statute did not affect an action because it was commenced in 2017. Dugan v. State, 2019 WY 112, 451 P.3d 731, 2019 Wyo. LEXIS 114 (Wyo. 2019), cert. denied, 140 S. Ct. 1298, 206 L. Ed. 2d 377, 2020 U.S. LEXIS 1610 (U.S. 2020).

§ 8-1-108. When laws take effect.

Every law takes effect ninety (90) days after the adjournment of the session of the legislature at which it was enacted, unless a different effective date is specified therein.

History. Laws 1895, ch. 3, § 1; R.S. 1899, § 44; C.S. 1910, § 49; C.S. 1920, § 56; R.S. 1931, § 112-105; C.S. 1945, § 16-405; W.S. 1957, § 8-22; W.S. 1977, § 8-3-109 ; Laws 1978, ch. 37, § 1.

Cited in

Department of Revenue & Taxation v. Shipley, 579 P.2d 415, 1978 Wyo. LEXIS 294 (Wyo. 1978).

§ 8-1-109. Payment of fines and penalties.

Unless otherwise specifically provided by law, all civil or administrative fines or penalties collected under the Wyoming statutes shall be paid over to the state treasurer to be credited to the public school fund of the county in which the violation for which the fine or penalty was imposed occurred.

History. Laws 2005, ch. 157, § 1.

Cross references. —

For constitutional provision as to fines and penalties belonging to the public school fund, see art. 7, § 5, Wyo. Const.

For provision as to paying all fines under the general laws of the state into the county treasury to the credit of the public school fund of the county, see § 5-9-106 .

As to distribution to school districts of money in the common school account for use of public schools, see § 21-13-301 .

Effective dates. —

Laws 2005, ch. 157, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 26, 2005.

Chapter 2 Statutes, Supplements, Session Laws and Wyoming Digest

Article 1. Statutes, Supplements and Session Laws

§ 8-2-101. Distribution of statutes, supplements and session laws.

  1. Statutes, supplements and session laws shall be distributed as provided by contract with the publisher or as directed by the management council, to the following, without charge:
    1. Nine (9) copies to the county clerk of each county in Wyoming, for use in the county offices and the district court, plus one (1) additional copy for each magistrate serving pursuant to W.S. 5-9-206 and circuit judge in each county;
    2. One (1) copy to each member of the Wyoming legislature;
    3. One (1) copy to the office of each United States senator and the congressman from Wyoming;
    4. One (1) copy to each judge of the district court of Wyoming;
    5. One (1) copy to each justice of the Wyoming supreme court;
    6. One (1) copy to each of the five (5) elected state officers;
    7. One (1) copy each to the house and senate chief clerks; and
    8. One (1) copy to the principal county library in each county for use therein.
  2. Except as provided in subsection (a) of this section, all copies of the statutes, supplements and session laws shall be sold and distributed by the publisher as contracted for by the management council.
  3. Except for the distribution of sets of the Wyoming statutes to newly elected legislators, the distribution provided by subsection (a) of this section applies to statutes, supplements and session laws published hereafter, and does not require the distribution of additional free copies of publications already distributed.

History. Laws 1977, ch. 39, § 1; W.S. 1957, § 8-15; W.S. 1977, § 9-2-215; Laws 1978, ch. 20, § 1; ch. 37, § 3; 1981, ch. 71, § 1; 2000, ch. 24, § 4; 2001, ch. 164, § 2; 2004, ch. 42, § 1.

Cross references. —

As to exchange of session laws, see § 5-2-502 .

The 2004 amendment, in (a)(i), deleted “justice of the peace” following “additional copy for each.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Article 2. Wyoming Digest

Cross references. —

As to publication of decisions of supreme court, see §§ 5-2-401 to 5-2-403.

Am. Jur. 2d, ALR and C.J.S. references. —

18 Am. Jur. 2d Copyright and Literary Property §§ 58, 66.

§§ 8-2-201 and 8-2-202. [Repealed.]

Repealed by Laws 1993, ch. 146, § 4.

Editor's notes. —

These sections, which derived from Laws 1955, ch. 16, § 2, related to the distribution and sale of digests by the secretary of state, and the purchase and distribution of digest supplements, respectively.

Chapter 3 State Seal, Flag, Flower, Bird and Other Symbols

§ 8-3-101. Great seal of the state of Wyoming.

There shall be a great seal of the state of Wyoming, which shall be of the following design, viz: A circle one and one-half (1 1/2) inches in diameter, on the outer edge or rim of which shall be engraved the words “Great Seal of the State of Wyoming.” The design shall conform substantially to the following description: A pedestal, showing on the front thereof an eagle resting upon a shield, the shield to have engraved thereon a star and the figures, “44,” being the number of Wyoming in the order of admission to statehood. Standing upon the pedestal shall be a draped figure of a woman, modeled after the statue of the “Victory of the Louvre,” from whose wrists shall hang links of a broken chain, and holding in her right hand a staff from the top of which shall float a banner with the words “Equal Rights” thereon, all suggesting the political position of woman in this state. On either side of the pedestal and standing at the base thereof, shall be male figures typifying the livestock and mining industries of Wyoming. Behind the pedestal, and in the background, shall be two (2) pillars, each supporting a lighted lamp, signifying the light of knowledge. Around each pillar shall be a scroll with the following words thereon: On the right of the central figure the words “Livestock” and “Grain,” and on the left the words “Mines” and “Oil.” At the base of the pedestal, and in front, shall appear the figures “1869-1890,” the former date signifying the organization of the territory of Wyoming and the latter the date of its admission to statehood.

History. Laws 1893, ch. 3, § 1; R.S. 1899, § 1; C.S. 1910, § 1; C.S. 1920, § 1; Laws 1921, ch. 49, § 1; R.S. 1931, § 111-101; C.S. 1945, § 18-2201; W.S. 1957, § 8-43; W.S. 1977, § 8-5-101 ; Laws 1978, ch. 37, § 1.

Cross references. —

For constitutional provision as to great seal of state, see art. 4, § 15, Wyo. Const.

For provision that the seal of the supreme court shall be that of the state of Wyoming, see § 5-2-111 .

As to forgery, see § 6-3-602 .

For duty of secretary of state as custodian of state seal, see § 9-1-301 .

Cited in

Hopkinson v. State, 632 P.2d 79, 1981 Wyo. LEXIS 357 (Wyo. 1981).

§ 8-3-102. Adoption, use and specifications of state flag; penalty for misuse.

  1. A state flag is adopted to be used on all occasions when the state is officially and publicly represented. All citizens have the privilege of use of the flag upon any occasion they deem appropriate. The width of the flag shall be seven-tenths (7/10) of its length; the outside border shall be in red, the width of which shall be one-twentieth (1/20) of the length of the flag; next to the border shall be a stripe of white on the four (4) sides of the field, which shall be in width one-fortieth (1/40) of the length of the flag. The remainder of the flag shall be a blue field, in the center of which shall be a white silhouetted buffalo, the length of which shall be one-half (1/2) of the length of the blue field; the other measurements of the buffalo shall be in proportion to its length. On the ribs of the buffalo shall be the great seal of the state of Wyoming in blue. The seal shall be in diameter one-fifth (1/5) the length of the flag. Attached to the flag shall be a cord of gold with gold tassels. The same colors shall be used in the flag, red, white and blue, as are used in the flag of the United States of America.
  2. All penalties provided by the laws of this state for the misuse of the national flag are applicable to the state flag.

History. Laws 1917, ch. 8, §§ 1, 2; C.S. 1920, § 4525; Laws 1927, ch. 20, § 1; R.S. 1931, § 106-101; C.S. 1945, § 18-2202; W.S. 1957, § 8-44; W.S. 1977, § 8-5-102 ; Laws 1978, ch. 37, § 1.

Cross references. —

For constitutional provision prohibiting any military organizations under the laws of the state from carrying any flags of any nationality but that of the United States, see art. 17, § 4, Wyo. Const.

As to display of flags at school buildings, see § 21-3-110(a)(xii).

§ 8-3-103. State historian to purchase state flags; use.

It is the duty of the state historian to purchase not less than six (6) state flags. The flags shall be kept at the office of the state historian to be loaned under rules and regulations he prescribes to any citizen, or group of citizens, of the state for use on such occasions when the state is officially and publicly represented, or when public assemblies or gatherings are held. If any flag is borrowed from the office of the state historian, the citizen, or group of citizens, borrowing the flag shall deposit with the state historian a certified check in an amount sufficient to repair or replace the flag, if damaged or lost. No deposit is required of any officer of the state government who may be called upon to represent the state at any official function.

History. Laws 1917, ch. 8, §§ 1, 2; C.S. 1920, § 4525; Laws 1927, ch. 20, § 1; R.S. 1931, § 106-101; C.S. 1945, § 18-2202; W.S. 1957, § 8-44; W.S. 1977, § 8-5-102 ; Laws 1978, ch. 37, § 1.

§ 8-3-104. State flower.

The Castillija linariaefolia , commonly called “the Indian paint brush,” is the state flower of Wyoming.

History. Laws 1917, ch. 9, § 1, C.S. 1920, § 4525; R.S. 1931, § 107-101; C. S. 1945, § 18-2203; W. S. 1957, § 8-45; W.S. 1977, § 8-5-103 ; Laws 1978, ch. 37, § 1.

§ 8-3-105. State bird.

An American icteroid bird ( genus Sturnella ), the bird commonly known as the meadowlark, is the state bird of Wyoming.

History. Laws 1927, ch. 8, § 1; R.S. 1931, § 102-101; C.S. 1945, § 18-2204; W.S. 1957, § 8-46; W.S. 1977, § 8-5-104; Laws 1978, ch. 37, § 1.

§ 8-3-106. State tree.

The Populus Sargentii commonly called cottonwood tree, is the state tree of Wyoming.

History. Laws 1947, ch. 9, §§ 1, 2; W.S. 1957, § 8-47; Laws 1961, ch. 194, § 1; W.S. 1977, § 8-5-105; Laws 1978, ch. 37, § 1.

§ 8-3-107. State motto.

The motto “Equal Rights,” as it exists on the great seal of the state of Wyoming, is the official motto of Wyoming.

History. Laws 1955, ch. 102, § 1; W.S. 1957, § 8-48; W.S. 1977, § 8-5-106; Laws 1978, ch. 37, § 1.

§ 8-3-108. State songs.

The march song entitled “Wyoming,” words by Charles E. Winter and music by George E. Knapp, and the song entitled “Wyoming Where I Belong,” words and music by Annie Smith and Amy Smith, are the official state songs of Wyoming.

History. Laws 1955, ch. 103, § 1; W.S. 1957, § 8-49; W.S. 1977, § 8-5-107; Laws 1978, ch. 37, § 1; 2018, ch. 82, § 1.

The 2018 amendment, effective July 1, 2018, substituted “Knapp, and the song entitled "Wyoming Where I Belong," words and music by Annie Smith and Amy Smith, are the” for “Knapp, is the” and made a stylistic change.

§ 8-3-109. State stone.

Jade is the official gemstone of Wyoming.

History. Laws 1967, ch. 2, § 1; W.S. 1957, § 8-49.1; W.S. 1977, § 8-5-108; Laws 1978, ch. 37, § 1.

§ 8-3-110. Flag code for Wyoming.

  1. The Federal Flag Code, P.L. 94-344, as enacted by the United States Congress on July 7, 1976, is adopted as the flag code for the state of Wyoming.
  2. In addition to specified dates for display of the flag, authorized by Section 2(d) of P.L. 94-344 [4 U.S.C. 6(d)], the United States flag may be displayed in this state on Wyoming Day, December 10, and on July 10, the day Wyoming was admitted to the Union.

History. Laws 1983, ch. 49, § 1.

“Federal Flag Code” —

The “Federal Flag Code,” P.L. 94-344, referred to in subsections (a) and (b), appeared as 36 U.S.C. §§ 171 through 178 before its repeal by P.L. 105-225. See 4 U.S.C.S. § 6 for similar provisions.

§ 8-3-111. State mammal.

The Bison bison, commonly called the American bison or buffalo, is the state mammal of Wyoming.

History. Laws 1985, ch. 158, § 1.

§ 8-3-112. State fossil.

The fossilized fish Knightia is the state fossil of Wyoming.

History. Laws 1987, ch. 19, § 1.

§ 8-3-113. State fish.

The Salmo clarki, commonly known as the cutthroat trout, is the state fish of Wyoming.

History. Laws 1987, ch. 19, § 1.

§ 8-3-114. State territorial flag.

  1. The state territorial flag shall be a flag with a field of blue, the name “WYOMING” printed across the top of the flag and the phrase, “CEDANT ARMA TOGAE” printed across the bottom of the flag. In the center of the flag shall be a shield with a border of gold divided into three (3) parts:
    1. The top half of the shield shall have the numbers “1869” across the top and depict mountains and a train;
    2. The lower left part of the shield shall depict a staff, shovel, plow and pick; and
    3. The lower right part of the shield shall depict an arm and hand holding a sword.
  2. The provisions of W.S. 8-3-102(a) on the display and use of the state flag shall be applicable to the display and use of the state territorial flag.

History. Laws 1991, ch. 61, § 1.

§ 8-3-115. State reptile.

The eastern short-horned lizard (Phrynosoma douglassi brevirostre (Girad)) commonly known as the horned toad, is the state reptile of Wyoming.

History. Laws 1993, ch. 58, § 1.

§ 8-3-116. State dinosaur.

A state dinosaur shall be designated by election in accordance with law. The results of the election naming the state dinosaur shall be filed with the secretary of state.

History. Laws 1994, ch. 16, § 1.

Editor's notes. —

An election was held in accordance with the statute, and the triceratops was designated as the state dinosaur.

§ 8-3-117. “Bucking Horse and Rider” and related trademarks.

  1. The secretary of state shall promulgate rules regulating the licensing or other authorized use of the “Bucking Horse and Rider” and related trademarks.
  2. Any licensing fees, royalties or other revenues collected by the secretary of state under this section shall be deposited into a separate account. The legislature shall by appropriation authorize expenditures from the account as necessary to defray administrative expenses associated with licensing of the trademark and expenditures required to protect, preserve and promote the “Bucking Horse and Rider” and related trademarks on behalf of the state.

History. Laws 1998, ch. 101, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, in (b), substituted “into a separate account” for “into an account within the enterprise fund.”

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 8-3-118. POW/MIA flags.

  1. The National League of Families POW/MIA flag, recognized by the United States Congress in P.L. 101-355 and other federal laws, is authorized and shall continue to be displayed directly beneath the national flag on state capitol grounds. All other state leased or owned buildings and offices that fly the national flag may also fly the POW/MIA flag directly beneath the national flag on any day upon which the national flag is displayed. Any state agency, board or commission having authority for the supervision, control or management of a state leased or owned building or office is authorized to adopt rules relating to the display of the POW/MIA flag at the state leased or owned building or office pursuant to this section.
  2. Any county, city, town or political subdivision of the state may display the POW/MIA flag directly beneath the national flag on any day upon which the national flag is displayed.
  3. All protocols used in displaying national flags shall be used in displaying the POW/MIA flag. All penalties provided by the laws of this state for the misuse of the national flag are applicable to the POW/MIA flag.
  4. Nothing in this section shall be construed to require the acquisition, erection and maintenance of a flagpole or the display of the POW/MIA flag where a pole or display of the national flag does not already exist.

History. Laws 2003, ch. 56, § 1.

Editor's notes. —

Laws 2003, ch. 56, § 2, provides: “The intent of this act is to remember all Wyomingites who have been or who may be listed as prisoners of war or missing in action as well as to express the state's concern and commitment to these individuals and their families. The display of the POW/MIA flag shall serve as a daily reminder of the state's concern and commitment to help resolve the fates of these persons.”

Laws 2003, ch. 56, § 1, and ch. 198, § 1, both enacted a § 8-3-118 . The provisions enacted by ch. 198 have been redesignated as § 8-3-119 at the direction of the legislative service office.

Federal law. —

P.L. 101-355 was codified as 36 U.S.C. § 189 prior to the revision of that title by Act Aug. 12, 1998, P.L. 105-225, § 1, 112 Stat. 1253; and Act Nov. 3, 1998, P.L. 105-354, § 1, 112 Stat. 3238. For present provisions, see 36 U.S.C. § 902.

§ 8-3-119. Rodeo as the state sport.

Rodeo is hereby designated the official state sport of Wyoming.

History. Laws 2003, ch. 198, § 1.

Editor's notes. —

Laws 2003, ch. 56, § 1, and ch. 198, § 1, both enacted a § 8-3-118 . The provisions enacted by ch. 198 have been redesignated as § 8-3-119 at the direction of the legislative service office.

§ 8-3-120. State coin.

The Sacajawea golden dollar coin is the state coin of Wyoming.

History. Laws 2004, ch. 23, § 1.

Effective dates. —

Laws 2004, ch. 23, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2004.

§ 8-3-121. State grass.

The Agropyron smithii ( Pascopyrum smithii), commonly known as western wheatgrass, is the state grass of Wyoming.

History. Laws 2007, ch. 151, § 1.

Effective dates. —

Laws 2007, ch. 151, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 28, 2007.

§ 8-3-122. State insect.

Callophrys sheridanii, commonly known as Sheridan’s green hairstreak butterfly, is the state butterfly of Wyoming.

History. Laws 2009, ch. 44, § 1.

Effective dates. —

Laws 2009, ch. 44, § 2, makes the act effective July 1, 2009.

§ 8-3-123. State code.

  1. The code of the west, as derived from the book, Cowboy Ethics by James P. Owen, and summarized as follows, is the official state code of Wyoming. The code includes:
    1. Live each day with courage;
    2. Take pride in your work;
    3. Always finish what you start;
    4. Do what has to be done;
    5. Be tough, but fair;
    6. When you make a promise, keep it;
    7. Ride for the brand;
    8. Talk less, say more;
    9. Remember that some things are not for sale;
    10. Know where to draw the line.

History. Laws 2010, ch. 4, § 1.

Effective date. —

Laws 2010, ch. 4, § 2, makes the act effective July 1, 2010.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 8-3-124. State shrub.

Artemisia tridentata wyomingensis, commonly known as Wyoming big sagebrush, is the state shrub of Wyoming.

History. Laws 2016, ch. 83, § 1.

Effective date. —

Laws 2016, ch. 83, § 2, makes the act effective July 1, 2016. Approved March 4, 2016.

§ 8-3-125. Honor and remember flag.

  1. As a symbol of gratitude and respect for the ultimate sacrifice made by members of the United States military in service to our nation, the honor and remember flag, described under subsection (c) of this section, may be displayed at any state leased or owned building or office beneath the national flag on any day upon which the national flag is displayed. Any state agency, board or commission having authority for the supervision, control or management of a state leased or owned building or office is authorized to adopt rules relating to the display of the honor and remember flag at the state leased or owned building or office pursuant to this section.
  2. Any county, city, town or political subdivision of the state may display the honor and remember flag beneath the national flag on any day upon which the national flag is displayed.
  3. The honor and remember flag is the same proportions as the national flag. Its design contains a red field that occupies the top three-quarters (3/4) and a white field that occupies the bottom one-quarter (1/4) of the flag. In the center of the red field is a five (5) pointed gold star with the top point located near the top of the red field and the two (2) bottom points extending approximately one-quarter (1/4) of the way into the white field. The gold star has a white border surrounded by a blue border. Between the two (2) bottom points of the star is a folded national flag. At the top of the folded national flag, extending into the center of the gold star, is a stylized flame with one (1) blue part and two (2) red parts. In the white field below the flag, the words “Honor and Remember” are centered. The honor and remember flag is protected by United States copyright, registration number VA0001670661.
  4. All protocols used in displaying national flags shall be used in displaying the honor and remember flag. All penalties provided by the laws of this state for the misuse of the national flag are applicable to the honor and remember flag.
  5. Nothing in this section shall be construed to require the acquisition, erection and maintenance of a flagpole or the display of the honor and remember flag where a pole or display of the national flag does not already exist.

History. Laws 2017, ch. 135, § 1.

Effective dates. —

Laws 2017, ch. 135, § 2, makes the act effective July 1, 2017.

§ 8-3-126. State amphibian.

Ambystoma mavortium melanostictum, commonly known as the blotched tiger salamander, is the state amphibian of Wyoming.

History. Laws 2019, ch. 58, § 1.

Effective dates. —

Laws 2019, ch. 58 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 19, 2019.

Chapter 4 Legal Time and Holidays

§ 8-4-101. Legal holidays; dismissal of schools.

  1. The following days are legal holidays in and for the state of Wyoming:
    1. New Year’s Day, January 1;
    2. Washington’s and Lincoln’s birthdays, to be observed on the third Monday in February;
    3. Memorial Day, to be observed on the last Monday in May;
    4. Independence Day, July 4;
    5. Labor Day, to be observed on the first Monday in September;
    6. Repealed by Laws 1990, ch. 21, § 2.
    7. Veterans Day, November 11;
    8. Thanksgiving Day, to be observed on the fourth Thursday in November;
    9. Christmas Day, December 25;
    10. Repealed by Laws 1983, ch. 180, § 1.
    11. Upon declaration by the governor of this state, any date appointed or declared by the president of the United States as an occasion of national mourning, rejoicing or observance of national emergency;
    12. Martin Luther King, Jr., Wyoming Equality Day, to be observed on the third Monday in January.
  2. If New Year’s Day, Independence Day, Christmas Day or Veterans Day fall upon a Sunday, the Monday following is a legal holiday.
  3. On Washington’s and Lincoln’s birthdays, Veterans Day, Martin Luther King, Jr., Wyoming Equality Day and all days upon which general elections are held, the public schools of any district shall not be dismissed except by order of the board of trustees of the district, but proper exercises may be held in the schools on these days to emphasize their significance and importance.

History. Laws 1886, ch. 67, § 1; R.S. 1887, § 1430; Laws 1888, ch. 87, § 1; 1890, ch. 80, § 182; R.S. 1899, § 2696; Laws 1901, ch. 93, § 1; C.S. 1910, § 3581; C.S. 1920, § 4522; Laws 1923, ch. 6, § 1; 1925, ch. 13, § 1; 1929, ch. 4, § 1; R.S. 1931, § 53-101; C.S. 1945, § 49-101; Laws 1955, ch. 55, § 1; W.S. 1957, § 8-51; Laws 1969, ch. 119, § 1; 1971, ch. 218, § 1; 1973, ch. 12, § 1; W.S. 1977, § 8-6-101 ; Laws 1978, ch. 37, § 1; 1983, ch. 180, § 1; 1990, ch. 21, §§ 1, 2.

Cross references. —

As to opening day of district court in case of legal holiday, see § 5-3-104 .

As to sale of intoxicating liquor on Sunday, see § 12-5-101 .

For authority of banks to close on Saturdays, see § 13-1-301 .

As to exclusion of Sunday if last day in computation of time, see Rule 6(a), W.R.C.P.

Acts done on legal holiday other than Sunday. —

Armistice Day (now Veterans Day) is a legal holiday other than Sunday, and with the exception of matters concerning which the statute provides that the day shall be treated as Sunday, any act done on that day is as effective as if done on any other day. Sterling Lumber Co. v. Thompson, 47 Wyo. 519, 41 P.2d 264, 1935 Wyo. LEXIS 1 (Wyo. 1935).

§ 8-4-102. Arbor Day.

  1. The state forester shall promote the following activities to commemorate Arbor Day, the last Monday in April:
    1. A tree shall be planted on state grounds in a simple ceremony;
    2. The planting of a seedling tree or some other act may be performed in an appropriate ceremony in the schools of Wyoming.

History. Laws 1888, ch. 87, § 1; R.S. 1899, § 2697; C.S. 1910, § 3582; C.S. 1920, § 4523; R.S. 1931, § 53-102; C.S. 1945, § 49-102; W.S. 1957, § 8-52; Laws 1975, ch. 13, § 1; W.S. 1977, § 8-6-102; Laws 1978, ch. 37, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 8-4-103. Wyoming Day.

  1. In recognition of the action of the Wyoming territorial governor on December 10, 1869, in approving the first law found anywhere in legislative history which extends the right of suffrage to women, December 10 of each year is designated as “Wyoming Day.” The day shall be observed in the schools, clubs and similar groups by appropriate exercises commemorating the history of the territory and state and the lives of its pioneers, and by fostering in all ways the loyalty and good citizenship of its people.
  2. The governor, not later than December 1 of each year, shall issue a proclamation requesting the proper observance of “Wyoming Day” as outlined in subsection (a) of this section.

History. Laws 1935, ch. 98, § 1, 2; C.S. 1945, §§ 49-103, 49-104; W.S. 1957, §§ 8-53, 8-54; W.S. 1977, §§ 8-6-103, 8-6-104; Laws 1978, ch. 37, § 1.

§ 8-4-104. Nellie Tayloe Ross's birthday.

  1. In recognition of the services to the state of Wyoming of Nellie Tayloe Ross, the first woman governor of any state in the United States, Nellie Tayloe Ross’s birthday, November 29, is designated a public holiday. The day shall be appropriately observed in the public schools of the state.
  2. This section, however, shall not be construed to affect commercial paper, the making or execution of agreements in writing or judicial proceedings, or to authorize schools, businesses or public offices to close.

History. Laws 1978, ch. 18, § 1; W.S. 1977, § 8-6-105; Laws 1978, ch. 37, § 1.

§ 8-4-105. Native American Day.

  1. In recognition of the North American Indian, the second Friday in May is designated as “Native American Day”. The day shall be appropriately observed in the public schools of the state, by state and local government and by organizations within the state.
  2. The governor, not later than April 15 of each year, shall issue a proclamation requesting proper observance of “Native American Day”.
  3. This section shall not affect commercial paper, the making or execution of written agreements or judicial proceedings, or authorize public schools, businesses or state and local government offices to close.

History. Laws 1987, ch. 60, § 1; 2004, ch. 123, § 1.

The 2004 amendment, effective July 1, 2004, in (a) substituted “second Friday in May” for “third Friday in September”; and in (b) substituted “April 15” for “September 1.”

§ 8-4-106. Pearl Harbor Remembrance Day.

  1. In recognition of the members of the armed forces who lost their lives and those who survived the attack on Pearl Harbor, territory of Hawaii on December 7, 1941, December 7 of each year is designated as “Pearl Harbor Remembrance Day”. The day shall be appropriately observed in the public schools of the state.
  2. The governor, not later than September 1 of each year, shall issue a proclamation requesting proper observance of “Pearl Harbor Remembrance Day”.
  3. This section shall not affect commercial paper, the making or execution of written agreements or judicial proceedings, or authorize public schools, businesses or state and local government offices to close.

History. Laws 1991, ch. 31, § 1.

§ 8-4-107. Juneteenth holiday.

  1. In celebration of the end of slavery in the United States proclaimed by Major General Gordon Granger on June 19, 1865 more than two and one-half (21/2) years after the Emancipation Proclamation was issued by President Abraham Lincoln, and in recognition of those who died and sacrificed to achieve the end of slavery, the Juneteenth holiday is established.
  2. The Juneteenth holiday shall be celebrated each year with appropriate activities on the third Saturday of June.
  3. This section shall not affect commercial paper, the making or execution of written agreements or judicial proceedings, or authorize public schools, business or state and local government offices to close.

History. Laws 2003, ch. 162, § 1.

§ 8-4-108. Veterans Day.

  1. In recognition of the many Wyoming citizens who have served in the armed forces of this country, November 11 of each year is designated as “Veterans Day.” The day shall be appropriately observed in the public schools of the state and by organizations within the state.
  2. The governor, not later than November 1 of each year, shall issue a proclamation requesting proper observance of Veterans Day and requesting military and veterans’ organizations to work with the boards of all Wyoming school districts to conduct proper exercises in observation of the contributions and sacrifices of veterans.

History. Laws 2004, ch. 85, § 1.

Effective date. —

Laws 2004, ch. 85, § 2, makes the act effective July 1, 2004.

§ 8-4-109. Wyoming Veterans Welcome Home Day.

  1. In recognition of the members of the United States armed forces who served bravely and faithfully for the United States during the Vietnam War, and to all those members of the United States armed forces who were not properly thanked or welcomed home following their military service, March 30 of each year is designated as “Wyoming Veterans Welcome Home Day.” The day shall be appropriately observed in the public schools of the state and by organizations within the state. Additionally, it is recommended that Wyoming communities host “Wyoming Veterans Welcome Home Day” celebrations to ensure those members of the United States armed forces can be properly thanked and welcomed home.
  2. The governor, not later than March 20 of each year, shall issue a proclamation requesting proper observance of Wyoming Veterans Welcome Home Day and requesting military and veterans’ organizations to work with Wyoming school districts to observe the contributions and sacrifices of Vietnam veterans and other veterans.
  3. This section shall not affect commercial paper, the making or execution of written agreements or judicial proceedings, or authorize public schools, business or state and local government offices to close.

History. Laws 2011, ch. 25, § 2.

Effective date. —

Laws 2011, ch. 25, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 18, 2011.

Legislative intent. —

Laws 2011, ch. 25, § 1, provides:

“(a) The legislature hereby finds and declares all of the following:

“(i) In 2007, the United States Congress, by separate Senate and House Resolutions, declared that a Welcome Home Vietnam Veterans Day should be established;

“(ii) The Vietnam War was fought in Vietnam from 1961 to 1975, and involved North Vietnam and Viet Cong in conflict with the United States and South Vietnam;

“(iii) The United States became involved in Vietnam because policymakers in the United States believed that if South Vietnam fell to a communist government, communism would spread throughout the rest of southeast Asia;

“(iv) Members of the United States armed forces began serving in an advisory role to the South Vietnamese in 1961;

“(v) As a result of the Gulf of Tonkin incidents on August 2 and 4, 1964, the United States overwhelmingly passed the Gulf of Tonkin Resolution (Public Law 99-408), on August 7, 1964, which effectively handed over the war-making powers to President Johnson until such time as “peace and security” had returned to Vietnam;

“(vi) In 1965, there were eighty thousand (80,000) United States troops in Vietnam, and by 1969 a peak of approximately five hundred forty-three thousand (543,000) troops was reached;

“(vii) On January 27, 1973, the Treaty of Paris was signed, which required the release of all United States prisoners of war held in North Vietnam and the withdrawal of all United States armed forces from South Vietnam;

“(viii) On March 29, 1973, the United States armed forces completed the withdrawal of combat troops from Vietnam;

“(ix) More than fifty-eight thousand (58,000) members of the United States armed forces lost their lives in Vietnam and more than three hundred thousand (300,000) were wounded;

“(x) In 1982, the Vietnam Veterans Memorial was dedicated in the District of Columbia to commemorate those members of the United States armed forces who died or were declared missing in action in Vietnam;

“(xi) The Vietnam War was an extremely divisive issue among the people of the United States;

“(xii) Upon their return home, members of the United States armed forces who served bravely and faithfully for the United States during the Vietnam War were caught in the crossfire of public debate about the involvement of the United States in the war. Many of these veterans were treated with disrespect and their leaders recommended they not wear their military uniform as they returned home;

“(xiii) Additionally, many veterans returning home from previous wars or overseas duty, especially Korean War, Gulf War and Cold War veterans, were not properly welcomed home and did not receive the thanks of a grateful state and nation;

“(xiv) Our state and nation has learned the value of a simple ‘thank you’ and ‘welcome home’ as shown by the recognition and celebrations for those who are serving in the ongoing War on Terror;

“(xv) The establishment of a Wyoming Veterans Welcome Home Day to thank Vietnam and other veterans would be an appropriate way to honor those members of the United States armed forces who were not properly welcomed home following their military service.”

§ 8-4-110. Agent Orange Health Awareness Month.

  1. In recognition of those who have been exposed to Agent Orange and as many as five (5) future generations who may also suffer from a number of deleterious health effects associated with the toxic dioxin in Agent Orange, and in recognition that because more than nineteen million (19,000,000) gallons of herbicide was sprayed throughout South Vietnam, with Agent Orange accounting for approximately eleven million (11,000,000) gallons, causing the United States department of veterans affairs to presume that all veterans who served in Vietnam were exposed, the month of August of each year is designated as “Agent Orange Health Awareness Month.” The month may be appropriately observed in the public schools of the state and by organizations within the state. The legislature recommends that Wyoming communities host programs during Agent Orange Health Awareness Month to encourage all Vietnam veterans and their offspring who have not already done so to seek proper health screening and to educate the general population of Wyoming about the Vietnam War era, Agent Orange and the health effects of Agent Orange.
  2. The governor, not later than July 10 of each year, shall issue a proclamation requesting proper observance of Agent Orange Health Awareness Month and requesting healthcare, military and veterans’ organizations to work with Wyoming school districts and communities to encourage health screenings and observe the month with appropriate activities and programs.
  3. The Wyoming veterans’ commission, in conjunction with the United States department of veterans affairs, shall develop and publicize a campaign during the month of August to encourage Wyoming Vietnam veterans and their families to register with the United States department of veterans affairs Agent Orange registry health exam. The Wyoming veterans’ commission may encourage Wyoming Vietnam veterans to schedule and take the Agent Orange registry health exam. The Wyoming veterans’ commission shall also develop and publicize an outreach campaign to notify Wyoming Vietnam veterans of changes to the presumptive medical conditions associated with Agent Orange as recognized by the United States department of veterans affairs.

History. Laws 2017, ch. 79, § 1.

Effective dates. —

Laws 2017, ch. 79, § 2, makes the act effective July 1, 2017.

§ 8-4-111. Purple Heart Day.

  1. In recognition of the purple heart as the oldest United States military decoration in present use, created as the badge of military merit in 1782 by General George Washington, and in recognition that the purple heart is specifically awarded to members of the United States armed forces including Wyoming citizens who have been wounded or paid the ultimate sacrifice in combat, August 7 of each year is designated as “Purple Heart Day.” The day shall be appropriately observed by state and local governments and by organizations within the state.
  2. The Wyoming veterans’ commission shall work with military and veterans’ organizations and Wyoming communities to observe the day with appropriate activities and programs.
  3. This section shall not affect commercial paper, the making or execution of written agreements or judicial proceedings, or authorize public schools, business or state and local government offices to close.

History. Laws 2018, ch. 8, § 1.

Editor's notes. — Laws 2018, ch. 8, § 2, provides: “In recognition of military service members including Wyoming citizens who have been wounded or killed in combat, the state of Wyoming is hereby designated as a Purple Heart state.“

Effective date. —

Laws 2018, ch. 8, § 3, makes the act effective July 1, 2018.

§ 8-4-112. Estelle Reel Day.

  1. In recognition of Estelle Reel, the first woman elected and to hold the office of state superintendent of public instruction in Wyoming and the second woman elected and to hold a statewide office in the United States, January 7 of each year is designated as “Estelle Reel Day.” The day shall be appropriately observed by state and local governments and may be observed in the public schools of the state and by organizations within the state.
  2. The governor shall, in advance of January 7 of each year, issue a proclamation requesting proper observance of “Estelle Reel Day.”
  3. This section shall not affect commercial paper, the making or execution of agreements or judicial proceedings, or authorize schools, businesses or state and local government offices to close.

History. Laws 2018, ch. 51, § 1.

Editor's notes. — This section was renumbered as 8-4-112 by the Wyoming legislative service office.

Effective date. —

Laws 2018, ch. 51, § 3, makes the act effective July 1, 2018.

§ 8-4-113. Wyoming Cowboy and Cowgirl Legacy Week.

  1. The third calendar week of September is declared to be “Wyoming Cowboy and Cowgirl Legacy Week”.
  2. Wyomingites are encouraged to observe Wyoming Cowboy and Cowgirl Legacy Week with appropriate ceremonies and activities.
  3. The Wyoming department of education shall encourage schools and teachers to commemorate Wyoming Cowboy and Cowgirl Legacy Week through appropriate activities, including study of the Code of the West and cowboy and cowgirl related history and literature.
  4. The University of Wyoming is encouraged to continue to promote and safeguard the cowboy and cowgirl as an emblematic symbol of Wyoming and instill students with knowledge of cowboy and cowgirl values.

History. Laws 2019, ch. 154, § 2.

Effective dates. —

Laws 2019, ch. 154 § 3, makes the act effective July 1, 2019.

§ 8-4-114. Public lands day.

  1. In tribute to the importance of public lands in the state, to acknowledge the multiple use of public lands and in recognition of the value of public lands to the state’s economy, open spaces, diversity of mineral, grazing and forestry resources, wildlife and recreational opportunities, the fourth Saturday in September of each year is designated as “public lands day” and appropriate observance may be held by the public and in all public schools of the state.
  2. Not later than September 1 of each year, the governor is authorized to issue a proclamation requesting the proper observance of “Public Lands Day.”
  3. This section shall not affect commercial paper, the making or execution of written agreements or judicial proceedings, or authorize public schools, business or state and local government offices to close.
  4. As used in this section, “public lands” means all federal and state public lands. “Public lands” shall not include state trust lands managed for the benefit of Wyoming’s public schools and institutions.

History. Laws 2019, ch. 177, § 1.

Editor's notes. —

This section was redesignated as § 8-4-114 by the Wyoming Legislative Service Office.

Effective dates. —

Laws 2019, ch. 177 § 2, makes the act effective July 1, 2019.

§ 8-4-115. Mountain daylight time. [Contingently effective, see effective date note.]

  1. The year-round observed time of the entire state of Wyoming and all of the state’s political subdivisions is mountain daylight time. Wyoming exempts all areas of the state from mountain standard time.
  2. As used in this section:
    1. “Mountain daylight time” means the period during a year when mountain standard time is advanced one (1) hour in accordance with 15 U.S.C. § 260a;
    2. “Mountain standard time” means the observed time assigned to the mountain time zone in 15 U.S.C. § 261.

History. Laws 2020, ch. 134, § 1.

Effective date. — Laws 2020, ch. 134, § 2, provides: “(a) This act is effective on the first Sunday of November following the day on which both of the following have occurred:

“(i) Legislation enacted by the United States congress goes into effect to amend 15 U.S.C. § 260a to authorize states to observe daylight saving time year-round; and

“(ii) Not fewer than four (4) western states, including Wyoming, pass legislation to place all or a portion of those states on year-round daylight time, regardless of the time zone.

“(b) The governor shall inform the management council of the legislature in writing of the date this bill takes effect in accordance with this section.“(c) As used in this section, ‘western states’ means the states of Colorado, Idaho, Montana, Nebraska, North Dakota, South Dakota, Utah and Wyoming.”

Chapter 5 Statue and Replica of Esther Morris and Chief Washakie

§ 8-5-101. Statue to be placed in capitol of United States.

The statue of Esther Morris, made pursuant to Section 1, Chapter 45, Session Laws of 1955, shall be placed in the capitol of the United States, in accordance with the provisions of section 187 of Title 40 of the United States Code Annotated, and shall there remain as commemorative of her distinguished service to the territory and the state.

History. Laws 1955, ch. 45, § 5; W.S. 1957, § 8-61; W.S. 1977, § 8-7-106; Laws 1978, ch. 37, § 1.

Editor's notes. —

Laws 1955, ch. 45, § 1, referred to in this section, appeared as former § 8-7-101 , which was deleted by Laws 1978, ch. 37, § 1, which revised this title.

40 U.S.C. § 187 is now codified as 2 U.S.C. § 2131.

§ 8-5-102. Replica to be placed in state capital.

A replica of the statue specified in W.S. 8-5-101 shall be placed in the capital of Wyoming and shall there remain as commemorative of Esther Morris’s distinguished service to the territory and the state.

History. Laws 1961, ch. 180, § 5; W.S. 1957, § 8-66; W.S. 1977, 8-7-205; Laws 1978, ch. 37, § 1.

§ 8-5-103. Statue of Chief Washakie.

In the event a commission is appointed to obtain funding for the creation of a statue of Chief Washakie and upon completion of the statue, the statue of Chief Washakie shall be placed in the capitol of the United States, in accordance with the provisions of section 187 of Title 40 of the United States Code, and shall remain there as commemorative of Chief Washakie’s historical significance to the territory and the state.

History. Laws 1997, ch. 77, § 1.

Editor's notes. —

40 U.S.C. § 187 is now codified as 2 U.S.C. § 2131.

Chapter 6 Official Language

§ 8-6-101. English as official language of Wyoming.

  1. English shall be designated as the official language of Wyoming. Except as otherwise provided by law, no state agency or political subdivision of the state shall be required to provide any documents, information, literature or other written materials in any language other than English.
  2. A state agency or political subdivision or its officers or employees may act in a language other than the English language for any of the following purposes:
    1. To provide information orally to individuals in the course of delivering services to the general public;
    2. To comply with federal law;
    3. To protect the public health or safety;
    4. To protect the rights of parties and witnesses in a civil or criminal action in a court or in an administrative proceeding;
    5. To provide instruction in foreign and Native American language courses;
    6. To provide instruction designed to aid students with limited English proficiency so they can make a timely transition to use of the English language in the public schools;
    7. To promote international commerce, trade or tourism;
    8. To use terms of art or phrases from languages other than the English language in documents.

History. Laws 1996, ch. 34, § 1.

Law reviews. —

For article, “The ‘Official English’ Movement and the Demise of Diversity: The Elimination of Federal Judicial and Statutory Minority Language Rights,” see XXXII Land & Water L. Rev. 789 (1997).

Chapter 7 Tribal Relations

Effective dates. —

Laws 2005, ch. 130, § 3, makes the chapter effective July 1, 2005.

Article 1. Tribal Identification Cards

Editor's notes. —

There is no article 2 in this chapter as enacted.

§ 8-7-101. Tribal identification cards.

An identification card issued by the governing body of the Eastern Shoshone tribe of Wyoming or Northern Arapahoe tribe of Wyoming that includes the requirements of W.S. 31-8-102(a)(i) through (vi) and (ix) shall be considered a valid form of identification for all purposes for which an identification card issued under W.S. 31-8-101 may be used.

History. Laws 2005, ch. 130, § 1; 2009, ch. 35, § 1.

The 2009 amendment, effective January 1, 2010, added “and (ix).”

§ 8-7-102. Prohibited acts; penalties.

  1. No person shall:
    1. Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained tribal identification card;
    2. Lend his tribal identification card to any other person or knowingly permit its use by another;
    3. Display or represent a tribal identification card not issued to him as being his card;
    4. Photograph, photostat, duplicate or in any way reproduce a tribal identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card;
    5. Use a tribal identification card that was obtained by false swearing, fraud or false statement of any kind or in any form.
  2. Any person who violates any provision of subsection (a) of this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than ninety (90) days, or both.

History. Laws 2005, ch. 130, § 1.