§ 16-1-101. Authority to cooperate.

In exercising, performing or carrying out any power, privilege, authority, duty or function legally vested in any one (1) or more of them by Wyoming law, the state of Wyoming, and any one (1) or more of its counties, municipal corporations, school districts, special districts, public institutions, agencies, boards, commissions and political subdivisions, and any officer or legal representative of any one (1) or more of them, may cooperate with and assist each other, and like entities or authorities of other states, the United States and the Eastern Shoshone and Northern Arapaho Tribes of the Wind River Reservation. Cooperation may be informal or subject to resolution, ordinance or other appropriate action, and may be embodied in a written agreement specifying purposes, duration, means of financing, methods of operations, termination, acquisition and disposition of property, employment of executive and subordinate agents, reciprocation of governmental immunity protections or other limitations of liability pursuant to W.S. 16-1-104(f) and other appropriate provisions.

History. Laws 1971, ch. 239, § 1; W.S. 1957, § 9-18.7; W.S. 1977, § 9-1-128; Laws 1982, ch. 62, § 3; 1995, ch. 47, § 1; 2017, ch. 153, § 1.

Cross references. —

For constitutional provision on interstate agreements, see U.S. Const., art. 1, § 10.

The 2017 amendment , effective July 1, 2017, inserted “, reciprocation of governmental immunity protections or other limitations of liability pursuant to W.S. 16-1-104(f)” at the end of the paragraph.

Joint enterprise of county, federal government, legal. —

The joint enterprise of a county and the U.S. forest service to condemn a private road to provide access to a national forest for recreation, the harvesting of timber, and the development and operation of oil and gas leases, did not violate either the Wyoming statutes or the Wyoming constitution. L.U. Sheep Co. v. Board of County Comm'rs, 790 P.2d 663, 1990 Wyo. LEXIS 39 (Wyo. 1990).

Cited in

Bd. of County Comm'rs v. Crow, 2003 WY 40, 65 P.3d 720, 2003 Wyo. LEXIS 50 (Wyo. 2003).

§ 16-1-102. Short title.

This act shall be known and may be cited as the “Wyoming Joint Powers Act”.

History. Laws 1974, ch. 21, § 1; W.S. 1957, § 9-18.13; W.S. 1977, § 9-1-129; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-1-103(a)(ii).

Wyoming Joint Powers Act is companion act to Wyoming Community Development Act, § 9-7-101 et seq. Witzenburger v. State, 575 P.2d 1100, 1978 Wyo. LEXIS 266 (Wyo.), reh'g denied, 577 P.2d 1386, 1978 Wyo. LEXIS 289 (Wyo. 1978).

And joint powers board can borrow from Wyoming community development authority and pledge loan money to the authority as security for any loan from the latter. Witzenburger v. State, 575 P.2d 1100, 1978 Wyo. LEXIS 266 (Wyo.), reh'g denied, 577 P.2d 1386, 1978 Wyo. LEXIS 289 (Wyo. 1978).

Law reviews. —

For comment, “Coping with Expansion: The State as Local Government Financier,” see X Land & Water L. Rev. 577 (1975).

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

§ 16-1-103. Definitions.

1. As used in this act:
   1. “Agencies” means Wyoming counties, municipal corporations, school districts, community college districts, the joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes, the business council of the Eastern Shoshone Indian tribe, the business council of the Northern Arapaho Indian tribe, joint powers boards formed pursuant to this act or special districts specifically involved in providing facilities or functions enumerated in W.S. 16-1-104(c);
   2. “This act” means W.S. 16-1-102 through 16-1-110 .

History. Laws 1974, ch. 21, § 1; W.S. 1957, § 9-18.14; Laws 1975, ch. 178, § 1; W.S. 1977, § 9-1-130; Laws 1982, ch. 62, § 3; 1997, ch. 163, § 1; 2003, ch. 78, § 1; 2005, ch. 84, § 1; 2010, ch. 82, § 1.

Cross references. —

As to school districts in general, see chapter 3 of title 21.

As to community college districts in general, see art. 3, chapter 18 of title 21.

The 2005 amendment, in (a)(i), inserted “the business council of the Eastern Shoshone Indian tribe, the business council of the Northern Arapaho Indian tribe.”

Laws 2005, ch. 84, § 4, 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 24, 2005.

The 2010 amendment, substituted “16-1-110” for “16-1-109” in (a)(ii).

Laws 2010, ch. 82, § 6, 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 9, 2010.

Editor's notes. —

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

Laws 2005, ch. 84, § 3, provides: “The state of Wyoming recognizes members of the Eastern Shoshone and Northern Arapaho Indian tribes are citizens of both their tribal governments and of Wyoming, as well as several of its political subdivisions. Those citizens can best be served if the business councils of both tribes, in addition to the joint business council, are allowed to work cooperatively with the state of Wyoming and the state's political subdivisions.”

§ 16-1-104. Joint powers, functions and facilities; city-county airport board; eligible senior citizen centers; cooperative public transportation programs.

1. Any power, privilege or authority exercised or capable of being exercised by an agency may be exercised and enjoyed jointly with any other agency having a similar power, privilege or authority. No cost shall be incurred, debt accrued, nor money expended by any contracting party, which will be in excess of limits prescribed by law. If the joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes, the business council of the Eastern Shoshone Indian tribe or the business council of the Northern Arapaho Indian tribe participates in a joint powers board under this act with political subdivisions and special districts of Wyoming, the powers of the joint business council, the powers of the business council of the Eastern Shoshone Indian tribe, the powers of the business council of the Northern Arapaho Indian tribe, Wyoming political subdivisions and Wyoming special districts are neither increased or decreased by that participation. Rather the participation of the joint business council, the business council of the Eastern Shoshone Indian tribe or the business council of the Northern Arapaho Indian tribe is intended to facilitate implementation of programs and projects designed to more effectively benefit Wyoming’s citizens.
2. A county may enter into and operate under a joint powers agreement with one (1) or more counties, cities, school districts or community college districts for the performance of any function that the county, city, school district or community college district is authorized to perform, except the planning, expansion, creation, financing or operation of municipally owned electrical facilities.
3. Specifically, without limiting but subject to the provisions of subsection (a) of this section, two (2) or more agencies may jointly plan, own, lease, assign, sell, create, expand, finance and operate:
   1. Water including surface water drainage, sewerage, water and soil conservation or solid waste facilities;
   2. Recreational facilities;
   3. Police protection agency facilities;
   4. Fire protection agency facilities;
   5. Transportation systems facilities, including airports;
   6. Public school facilities;
   7. Community college facilities;
   8. Hospital and related medical facilities;
   9. Courthouse and jail or administrative office facilities;
   10. Public health facilities;
   11. Electrical systems owned by municipalities prior to March 1, 1975;
   12. Rights-of-way for electric transmission systems, oil and natural gas pipelines, telecommunications and utilities. Any right-of-way acquired under the provisions of this subsection shall follow an existing utility corridor whenever practical;
   13. Municipal natural gas facilities and systems.
4. Any city-county airport board heretofore organized and operating pursuant to W.S. 10-5-101 through 10-5-204 shall be deemed a joint powers board, and shall not be required to reorganize as provided for by W.S. 16-1-106(a) but is subject to all other provisions of this act.
5. A governing body of an eligible senior citizen center may enter into a joint powers agreement under this act in order to participate in the local government self-insurance program as provided in W.S. 1-42-201 through 1-42-206 . An eligible senior citizen center which enters into a joint powers agreement pursuant to this subsection shall be bound by all provisions of the agreement, but shall not be entitled to participate as a member of the joint powers board.
6. An agency may enter into an agreement with any governmental entity of another state, as defined in W.S. 1-39-103(a)(viii), for purposes of operating a cooperative public transportation program to transport passengers on one (1) or more routes beginning in, ending in or passing through Wyoming. Any agreement entered into under this subsection shall only apply to the operation of a cooperative public transportation program and shall be conditioned upon the other state extending or agreeing to extend its governmental immunity or other limitations of liability to any governmental entity of Wyoming while operating a cooperative public transportation program. As used in this subsection, “cooperative public transportation program” means a not-for-profit program designed to transport passengers to and from work or to another location on a regularly scheduled basis using vehicles operated by an agency or a governmental entity of another state.

History. Laws 1974, ch. 21, § 1; W.S. 1957, § 9-18.15; Laws 1975, ch. 178, § 1; W.S. 1977, § 9-1-131; Laws 1982, ch. 62, § 3; 1987, ch. 21, § 2; 1995, ch. 118, § 2; 1997, ch. 180, § 2; 2001, ch. 136, § 1; 2003, ch. 78, § 1; 2004, ch. 130, § 1; 2005, ch. 84, § 1; 2008, ch. 44, § 1; 2017, ch. 153, § 1; 2019, ch. 118, § 1.

Cross references. —

As to intercity agreement to supply electric power, see § 15-7-202 .

The 2004 amendment, in (d), substituted “W.S. 10-5-101 through 10-5-204 ” for “W.S. 10-4-101 through 10-4-105.”

Laws 2004, ch. 130, § 4, 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 19, 2004.

The 2005 amendment, in (a), inserted references to the business councils of the Eastern Shoshone and Northern Arapahoe Indian tribes.

Laws 2005, ch. 84, § 4, 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 24, 2004.

The 2008 amendment, substituted “1-42-206” for “1-42-207” in (e).

Laws 2008, ch. 44, § 4, 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 5, 2008.

The 2017 amendment , effective July 1, 2017, added (f).

The 2019 amendment, effective July 1, 2019, added (c)(xiii).

Editor's notes. —

Laws 2005, ch. 84, § 3, provides: “The state of Wyoming recognizes members of the Eastern Shoshone and Northern Arapaho Indian tribes are citizens of both their tribal governments and of Wyoming, as well as several of its political subdivisions. Those citizens can best be served if the business councils of both tribes, in addition to the joint business council, are allowed to work cooperatively with the state of Wyoming and the state's political subdivisions.”

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-1-103(a)(ii).

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “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.”

Laws 2008, ch. 44, § 3, provides: “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.”

No constitutional prohibition against state subdivisions joining together. —

There is no prohibition in the Wyoming constitution which would preclude the legislature from permitting political subdivisions from joining together, as allowed by this chapter. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Intermunicipal agency to acquire electrical energy constitutional. —

Neither a contract between several municipalities, authorizing an agency organized by them under this chapter to acquire electrical energy and providing, in turn, for its sale to the municipalities, nor the issuance by the agency of revenue bonds, secured by a pledge of payments to be received from the municipalities under the contract, creates a “debt” within the limitation of art. 16, § 4, Wyo. Const., where the contract specifically provides that payments due for electricity sold to each municipality are payable only from the revenues derived from the retail sale of electricity to the customers of the municipal distribution system. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

And agreement between agency and private corporation constitutional. —

Where the participants in an electrical transmission system, including an agency organized by municipalities under this chapter and a private corporation, enter an agreement providing, among other things, for making up deficiencies created by a defaulting participant, but also that a pro rata share of the portion in system entitlements owned by the defaulter should accrue to the benefit of the other participants, such a provision does not conflict with art. 16, § 6, Wyo. Const., prohibiting municipalities from lending money or credit to a private entity. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Municipal electric utilities extended same benefits as other utilities. —

The legislature intended to extend liberally to municipal electric utilities the same benefits and efficiency available to other utilities through the combined ownership of a generating system. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Joint powers board can only exercise power, privilege or authority held by participants. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Fixed rate formula in power contract reasonable. —

A fixed rate formula agreed upon in a power contract between municipalities organizing an agency under this chapter to produce and distribute electric power to their inhabitants is reasonable. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

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

Extension of police power of municipal corporation beyond territorial limits, 14 ALR2d 103.

§ 16-1-105. Joint agreements.

1. Any two (2) or more agencies may enter into agreements with each other for joint or cooperative action pursuant to this act. No agreement hereunder nor amendment thereto is effective until:
   1. The governing body of each participating agency has approved the agreement or amendment;
   2. The agreement or amendment is submitted to and approved by the Wyoming attorney general who shall determine whether the agreement or amendment is compatible with the laws and constitution of Wyoming; and
   3. The agreement or amendment is filed with the keeper of records of each participating agency.
2. Agreements shall provide:
   1. The duration of the agreement;
   2. The organization, composition and nature of any separate legal entity created and the powers delegated to the entity;
   3. The purpose of the agreement;
   4. The percent ownership of any facility by each participating agency, unless the facility is to be owned by a joint powers board, in which case the agreement shall indicate the interest of each participating agency in the services or product of the joint powers board or the method by which the interest may be determined;
   5. The joint operation and maintenance of any facility unless delegated to an entity pursuant to paragraph (ii) of this subsection;
   6. The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;
   7. The partial or complete termination of the agreement, dissolution of any entity provided therein, and distribution of any facilities, improvements or other property upon partial or complete termination of the agreement;
   8. Any other necessary and proper matters.
3. If the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement may provide for an administrator or administrative board responsible for administering the joint or cooperative undertaking and representation of participating agencies on any administrative board.

History. Laws 1974, ch. 21, § 1; W.S. 1957, § 9-18.16; Laws 1976, ch. 28, § 2; W.S. 1977, § 9-1-132; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-1-103(a)(ii).

Cited in

Laughter v. Bd. of County Comm'rs for Sweetwater County, 2005 WY 54, 2005 Wyo. LEXIS 60 , 110 P.3d 875 (2005).

§ 16-1-106. Joint powers boards; fiscal manager.

1. An agreement pursuant to this act may create a joint powers board to conduct a joint or cooperative undertaking. A joint powers board shall consist of not fewer than five (5) members, all of whom shall be qualified electors of the counties in which the board operates. Members of a joint powers board shall be appointed by the governing bodies of the participating agencies in any proportion or number the bodies feel would adequately reflect their interest. The initial appointments shall be by mutual agreement with staggered terms of one (1), two (2) and three (3) years and are subject to reappointment. Thereafter, appointments for a full term shall be for three (3) year staggered terms. Vacancies for unexpired terms shall be filled by appointment by the governing bodies of the participating agencies. Members of the board may be removed by the governing bodies of the participating agencies. It is not incompatible office holding for an officer or legal representative of a county, municipal corporation, school district, special district, public institution, agency, board, commission or political subdivision to be a member of a joint powers board.
2. Promptly following appointment of its members, a joint powers board shall meet, organize and elect from its membership a chairman, vice-chairman, secretary and treasurer. The secretary of a joint powers board shall notify the participating agencies of the board’s organization and shall file a certificate with the county clerk and the secretary of state showing its organization. Upon filing the certificate, the joint powers board shall automatically become a body corporate and politic, and a public corporation with power to sue and be sued. The corporation has perpetual existence unless otherwise specified by the agreement providing for the corporation. No individual member of a joint powers board shall be personally liable for any actions or procedure of a joint powers board. When actually engaged in the performance of their duties, members of a joint powers board shall receive no compensation but shall be reimbursed for travel and per diem expenses as provided to state employees.
3. A joint powers board shall meet at least once every three (3) months at the call of the chairman or within five (5) days after an oral or written request of a majority of the board members.
4. Within the limits of its authorized and available funds, a joint powers board may employ technical, legal, administrative and clerical assistance and engage the services of research and consulting agencies. In the performance of its duties a joint powers board may utilize the services of any officer or employee of a participating agency with the approval of the governing body of the agency. Upon request of a joint powers board elected and appointed officers and employees of participating agencies shall promptly furnish the board information, statistics and reports under their control and shall otherwise cooperate with a joint powers board.
5. Any agency participating in a joint powers project may appoint a joint powers board created by the agreement or any of the other agencies participating in the project as its agent to manage the project or to manage the finances of the project. The joint powers agreement may create a single fiscal manager to receive monies and make disbursements for the entire project. The fiscal manager may set up any necessary sinking funds, reserve funds or building funds for the use of the project.

History. Laws 1974, ch. 21, § 1; W.S. 1957, § 9-18.17; Laws 1976, ch. 28, § 2; W.S. 1977, § 9-1-133; Laws 1982, ch. 62, § 3; 1989, ch. 83, § 1.

Cross references. —

As to general powers of corporation, see § 17-16-302.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-1-103(a)(ii).

Operation of electric utility not unconstitutional. —

Because the operation of an electric utility is a proprietary and not a governmental function of a city, there is no unconstitutional delegation of a municipal function to an agency which is organized by authority of this chapter to provide electrical power and energy to the inhabitants of the participating municipalities. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

An agency organized by several municipalities under this chapter to provide electrical power and energy to their inhabitants does not unconstitutionally delegate its power to the electrical transmission system of which it is an owner, as a tenant in common, where under the agreement among the participants in the system, including a private corporation, the private corporation is the project manager during the construction of the generation station and transmission lines, and after construction is the operating agent of the station and related distribution facilities. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Joint powers board is public corporation and the board members are public officers. Dickerson v. City Council of Buffalo, 582 P.2d 80, 1978 Wyo. LEXIS 221 (Wyo. 1978).

Law reviews. —

For article, “Wyoming's Local Governments and the Quality of Growth — A Preliminary Discussion,” see XIV Land & Water L. Rev. 491 (1979).

§ 16-1-107. Financing of joint projects.

1. Any joint project consisting of property or improvements or an interest therein to be owned by participating agencies or a joint powers board undertaken pursuant to this act may be financed:
   1. By the contribution of funds from one (1) or more participating agencies which would be available to each agency if proceeding individually;
   2. By bond issues by one (1) or more participating agencies to construct, improve or acquire an interest in any facility in the same manner as bonds may be issued by the agency for its individual construction, improvement or acquisition of such a facility;
   3. By revenue bonds issued by a joint powers board to be repaid solely from revenues provided by this section or any revenue received by a joint powers board from the ownership, lease or operation of property or interest in property owned, leased or controlled by the board. Revenue securities may be issued upon majority approval of the members of a joint powers board and may be executed and delivered at any time, in the form, denominations and amounts, and may be redeemed or repurchased prior to maturity with or without premium, and may bear interest as provided by resolution of a joint powers board authorizing the issue. These securities shall meet the procedural requirements and provisions of W.S. 35-2-425 through 35-2-428 as provided for the issuance of bonds by hospital districts;
   4. By facilities privately owned and leased to two (2) or more agencies or a joint powers board if the lease agreement provides that upon termination of the lease agreement title to the facilities vests in the participating agencies;
   5. By gifts, donations or grants of federal money;
   6. By industrial development project bonds issued pursuant to W.S. 15-1-701 et seq.
2. The state treasurer with the approval of the governor may if fiscally prudent invest any permanent state funds in bonds or securities issued pursuant to this act.

History. Laws 1974, ch. 21, § 1; W.S. 1957, § 9-18.18; Laws 1976, ch. 28, § 2; W.S. 1977, § 9-1-134; Laws 1981, ch. 143, § 1; 1982, ch. 62, § 3; 2001, ch. 136, § 1.

Cross references. —

As to public securities generally, see chapter 5 of this title.

As to investment of state funds generally, see art. 7, chapter 4 of title 9.

As to municipal funding and refunding bonds, see chapter 8 of title 15.

As to county financing generally, see chapter 4 of title 18.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-1-103(a)(ii).

Agreement between agency and private corporation participatingin electric transmission system constitutional. —

Where the participants in an electrical transmission system, including an agency organized by municipalities under this chapter and a private corporation, enter an agreement providing, among other things, for making up deficiencies created by a defaulting participant, but also that a pro rata share of the portion in system entitlements owned by the defaulter should accrue to the benefit of the other participants, such a provision does not conflict with art. 16, § 6, Wyo. Const., prohibiting municipalities from lending money or credit to a private entity. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

As is provision requiring securities to meet hospital districtbonding provisions. —

The use of the reference technique in the last sentence of subsection (a)(iii), which provides, “These securities shall meet the procedural requirements and provisions of W.S. 35-2-425 through 35-2-428 as provided for the issuance of bonds by hospital districts,” is not constitutionally objectionable. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Board's majority given exclusive authority to issue bonds.—

The clear language of subsection (a)(iii) indicates that a majority of the agency's joint powers board has been given the exclusive authority to issue revenue bonds at any time. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

And no election is necessary before the issuance of revenue bonds by an agency and there is no illegality for noncompliance with the Political Subdivision Bond Election Law, § 22-21-101 et seq. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Stated in

Laramie Citizens for Good Gov't v. City of Laramie, 617 P.2d 474, 1980 Wyo. LEXIS 307 (Wyo. 1980).

§ 16-1-108. Obligations and responsibilities of participating agencies.

1. No participating agency nor any legal entity created pursuant to this act shall construct, operate or maintain any facility or improvement other than for service to and use by the participating agencies and their resident customers, except for undertakings pursuant to W.S. 16-1-104(c)(xii).
2. No agreement pursuant to this act shall relieve any participating agency of any obligation or responsibility imposed upon it by law except to the extent of actual and timely performance thereof by a joint powers board or other legal or administrative entity created by an agreement hereunder, the performance may be offered in satisfaction of the obligation or responsibility.
3. After April 1, 1998, any legal entity created pursuant to this act or any of its participating agencies, which owns, constructs, operates or maintains a municipal or rural domestic water supply system funded in whole or in part by state grants or loans, shall not assess public entities or individual water users in the cooperating agencies’ service area water rate charges which exceed the actual costs of providing and delivering water to the point of connection to the public entities’ or individual water users’ water system. The governing body of the entity may establish one (1) or more service areas in each of which an average water rate may be used for all customers. A one time connection fee or system investment fee reasonably calculated to permit recovery of a proportionate share of the system infrastructure cost necessary to treat and convey the water may also be charged. A one-time fee may also be charged to recover reasonable expenses incurred by the public entity in determining the actual costs of treating and delivering water to the point of connection. Charges for special services such as customer’s line maintenance shall be in addition to the water rate. As used in this subsection, “actual costs of providing and delivering water” shall include a proportionate share of the following costs related to the water system:
   1. Fees, interest charges and principal payments on all bonds issued and other indebtedness incurred to construct, purchase or improve the utility;
   2. Salaries and wages of employees;
   3. The cost of materials, supplies, utilities and outside services;
   4. Other costs directly related to the delivery system;
   5. The cost for providing and maintaining a depreciation fund, a fund for emergencies and a fund for acquisition and development of new water rights and water sources;
   6. Administrative and overhead expenses; and
   7. The cost of acquiring, transporting, processing and treating water.
4. If requested by the party seeking water service who resides outside the public entity’s service area and upon approval of the public entity, subsection (c) of this section shall not apply if the ratio of the established rate charged to customers outside the area to the rate within the public entities service area is less than one and one-quarter (1.25) to one (1).

History. Laws 1974, ch. 21, § 1; W.S. 1957, § 9-18.19; Laws 1976, ch. 28, § 2; W.S. 1977, § 9-1-135; Laws 1982, ch. 62, § 3; 1998, ch. 118, § 1; 1999, ch. 88, § 1; 2001, ch. 136, § 1; 2006, ch. 114, § 1.

The 2006 amendment deleted “and” at the end of (c)(v).

Laws 2006, ch. 114, § 5, 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 24, 2006.

Editor's notes. —

Laws 1999, ch. 88, § 2, provides: “Nothing in this act shall prohibit a municipality, joint powers board or other entity from providing water below cost.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-1-103(a)(ii).

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny 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.”

Legislature intended a liberal, not a stingy, interpretation of this chapter. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

Subsection (a) does not prevent sale of surplus electrical power by joint agency. Frank v. Cody, 572 P.2d 1106, 1977 Wyo. LEXIS 304 (Wyo. 1977).

§ 16-1-109. State loan and investment board loans; amount; interest; security; conditions.

1. The state loan and investment board may negotiate and make loans to one (1) or more agencies, the University of Wyoming, or joint powers boards presently existing, permitted or created pursuant to the statutes, from the permanent mineral trust funds and other permanent funds of Wyoming not otherwise obligated, not to exceed sixty million dollars ($60,000,000.00) including all loans previously made and outstanding, and not to exceed a term of forty (40) years for repayment. The board shall set rates of interest on all such loans according to the current rates of interest for similar securities on the commercial market upon a basis which will not be less than the average rate of return realized on all permanent mineral trust fund investments as determined by the state treasurer for the five (5) calendar years immediately preceding the year in which the loan is made. For all loans under this section approved after July 1, 1996, a loan origination fee of one percent (1%) of the loan shall be paid to the state loan and investment board by the borrowing agency, university or joint powers board. The revenue produced by this fee shall be credited to the loss reserve account as provided by W.S. 16-1-110 .
2. In making loans pursuant to this act, the state loan and investment board shall establish requirements and standards which it determines to be necessary and advisable.
3. Upon approval of a loan, an agency, the university, participating agencies, or a joint powers board shall transfer title or its interest to the property upon which facilities are to be constructed, including later improvements, to the state loan and investment board, or the state loan and investment board may require the security it deems necessary. The recipient of the loan shall make reasonable annual rental charges or loan payments as specified by the state loan and investment board. Upon repayment of the loan, title to or interest in the property and improvements shall be reconveyed to the appropriate agency, university, participating agencies or joint powers board. Where the transfer of title or interest in the property would preclude the obtaining of federal grants or where transfer of title or interest is prohibited by or would be in violation of existing grant-in-aid agreements, the state loan and investment board may waive the requirements of transfer of title or transfer of any interest in the property, and substitute other security of sufficient value as it deems necessary.
4. Loans under this section shall be made only under the following conditions:
   1. Loans shall be made only for facilities generating user fees only to the extent that the user fees will repay the loan such that the loan can be considered a reasonable and prudent investment of state permanent funds. Any portion of the revenue generating facility unable to be financed by user fees may be financed by a grant under W.S. 9-4-604(g) and (h) to agencies and joint powers boards otherwise authorized to receive grants under those provisions;
   2. No security other than a lien on the facilities used to generate user fees to repay the loan and pledges of user fees shall be taken to secure the loan except that the entity or joint powers board receiving the loan may also be required to issue revenue bonds to the state to evidence the loan if statutory authority exists for the entity to issue revenue bonds for the facility. No property shall be taken as security unless the property is owned by the entity to which the loan will be made. Upon repayment of the loan, liens against the property and revenue shall be released by the state loan and investment board;
   3. Loans shall be made to the governmental entity or entities whose inhabitants receive a direct service or benefit from the revenue generating facility;
   4. The state loan and investment board shall receive annual financial statements from entities receiving loans under this subsection;
   5. No loan shall be made without the written opinion of the attorney general certifying the legality of the transaction and all documents connected therewith;
   6. The board shall request a review and recommendation from the aeronautics commission on all applications for loans for the construction, development and improvement of airport facilities generating user fees and shall make any loan recommended by the aeronautics commission unless, based upon the credit worthiness of the project, the board determines the loan would not be a prudent investment.
5. The board, whenever it deems necessary for the better protection of permanent funds of the state invested in loans under this section, may refinance any delinquent loan and reamortize the loan over not more than thirty (30) years from the date of refinancing. All costs of refinancing the loan shall be paid by the borrowing entity and no loan shall be refinanced where it appears refinancing will jeopardize the collection of the loan. An additional fee of one percent (1%) of the amount of the reamortized loan shall be paid by the borrowing entity to the board to be credited to the loss reserve account created by W.S. 16-1-110 as provided by subsection (a) of this section.

History. Laws 1974, ch. 21, § 1; W.S. 1957, § 9-18.20; Laws 1975, ch. 178, § 1; 1976, ch. 9, § 1; ch. 21, § 1; W.S. 1977, § 9-1-136; Laws 1979, ch. 118, § 1; ch. 160, § 2; 1981, Sp. Sess., ch. 3, § 1; 1982, ch. 6, § 1; ch. 62, § 3; 1991, ch. 68, § 1; 1996, ch. 98, § 2; 1998, ch. 13, § 1; 1999, ch. 75, § 1; 2000, ch. 65, § 2; 2008, ch. 60, § 1; ch. 113, § 2; 2010, ch. 8, § 1; ch. 69, § 203; 2019, ch. 35, § 1.

Cross references. —

As to creation of the state loan and investment board, see § 11-34-102 .

As to other authorized loans by the state loan and investment board, see § 11-34-103 and §§ 11-34-301 through 11-34-304 .

The 2008 amendments. —

The first 2008 amendment, by ch. 60, § 1, in (a) added “the University of Wyoming” and substituted “sixty million dollars ($60,000,000)” for “thirty million dollars ($30,000,000)” in the first sentence, substituted “shall set rates of interest on all such loans” for “may set rates of interest on all such loans to joint powers boards” and “the average rate of return realized on all permanent mineral trust fund investments as determined by the state treasurer for the five (5) calendar years immediately preceding the year in which the loan is made” for “six percent (6%) nor more than twelve percent (12%)” in the second sentence, added “university” in the third sentence; (c) added “the university” in the first sentence, added “university” in the third sentence; (d)(i) added “to agencies and joint powers boards otherwise authorized to receive grants under those provisions” at the end.

Laws 2008, ch. 60 § 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 7, 2008.

The second 2008 amendment, by ch. 113, § 2, effective July 1, 2008, deleted the former last sentence of (a) which read: “The limitation on legislatively designated investments under W.S. 9-4-712 applies to this investment.”

The 2010 amendments. —

The first 2010 amendment, by ch. 8, § 1, effective July 1, 2010, added (e).

The second 2010 amendment, by ch. 69, § 203, effective July 1, 2010, in (d), deleted “For all loans made prior to July 1, 1979, all tangible personal and real property pledged for the repayment of loans under this section, excluding pledges of revenue or property generating user fees to repay the loans, is released as security for any loans under this section and the state loan and investment board shall have prepared, execute and have filed all necessary instruments to carry out this provision. Effective July 1, 1979” at the beginning.

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

The 2019 amendment, effective July 1, 2019, added (d)(vi).

Liberal construction. —

Section 2, ch. 21, Laws 1974, reads: “This act is intended to permit local governmental units to make the most efficient use of their powers enabling them to cooperate with each other on a basis of mutual advantage and to thereby provide services and facilities in a manner and pursuant to forms of governmental organization which will accord best with geographic, economic, population and other factors influencing the needs and development of local communities. To this end this act is to be liberally construed.”

Purpose of act. —

Section 5, ch. 160, Laws 1979, reads: “The purpose of this act is to restructure and refinance specified state grant and loan programs for counties and cities without increasing or creating new state taxes.”

Severability. —

Section 3, ch. 21, Laws 1974, reads: “If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.”

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (b), see § 16-1-103(a)(ii).

§ 16-1-110. Loss reserve account created; deposits; disposition of funds.

1. Revenues received by the state loan and investment board for deposit in the loss reserve account pursuant to W.S. 16-1-109 (a) shall be transmitted to the state treasurer for deposit to the credit of the loss reserve account. Funds in the account shall be used for the purposes specified in subsection (b) of this section and to pay the administrative and legal expenses of the board in making collections and foreclosing on loans made pursuant to W.S. 16-1-109 . If at the end of any fiscal year, the amount in the loss reserve account exceeds five percent (5%) of the total amount of permanent funds invested by the state in loans pursuant to W.S. 16-1-109, the amount in excess of the five percent (5%) shall be transferred and credited to the general fund.
2. If, as a result of default in the payment of any loan made pursuant to W.S. 16-1-109 , there occurs a nonrecoverable loss either to the corpus of, or interest due to, any permanent fund of the state, the state loan and investment board shall restore the loss to the permanent fund account entitled thereto using any funds available in the loss reserve account created by subsection (a) of this section. If the funds in the loss reserve account are insufficient to restore the full amount of the loss, the board shall submit a detailed report of the loss to the legislature and shall request an appropriation to restore the balance of the loss to the permanent fund account entitled thereto.

History. Laws 1996, ch. 98, § 1; 1998, ch. 13, § 1; 2005, ch. 231, § 1; 2008, ch. 113, § 2.

The 2005 amendment, effective July 1, 2005, deleted “within the earmarked revenue fund” at the end of the first sentence.

The 2008 amendment, effective July 1, 2008, substituted “subsection (b) of this section” for “W.S. 9-4-703(e)” in (a); added (b).

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.”

§ 16-1-111. Loans to political subdivisions; requirements; limitations; rulemaking.

1. The state  loan and investment board may negotiate and make loans from the permanent  Wyoming mineral trust fund to political subdivisions of this state  as provided in this section. The aggregate sum of all outstanding loans made under this section  shall not exceed four hundred million dollars ($400,000,000.00). The  aggregate sum of outstanding loans made for infrastructure projects shall not exceed two hundred  million dollars ($200,000,000.00) and shall not exceed two hundred  million dollars ($200,000,000.00) for road or street projects. Loans  may be made for infrastructure projects and street and road projects  as provided in this section. The board shall adopt rules and procedures  as it deems advisable or necessary to administer the program. The  rules shall include requirements and standards which the board determines  to be necessary or advisable in accordance with the following:
   1. To qualify for a loan an applicant shall demonstrate:
      1. A commitment to adequately maintain the project for which the loan is requested during a reasonable period of time;
      2. That all project costs will be funded at the time of receipt of the loan, with funding sources specified within the project application;
      3. Compliance with any other criteria developed by the board consistent with this section.
   2. The determination of whether to make a loan shall include consideration of:
      1. The contribution of the project to health, safety and welfare;
      2. The applicant’s need for the project and financial needs of the applicant in relation to the project;
      3. The ability of the applicant to repay the loan.
2. Loans may be made to cities, towns, counties, school districts and community college districts for infrastructure projects. A loan under this subsection shall be at an interest rate of one percent (1%) plus seventy-five thousandths of one percent (.075%) for each year of the loan term in excess of five (5) years. In the event of prepayment of a loan, the interest rate shall be calculated at the actual loan period, but no refund of interest payment shall be made to the borrowing entity. Any loan made under this subsection shall be for a term of not fewer than five (5) years and not greater than twenty-five (25) years for repayment. Adequate security for loans shall be required and may include:
   1. A pledge of the revenues from the project for which the loan was granted;
   2. A pledge of other revenues available to the entity receiving the loan;
   3. A mortgage covering all or any part of the project or by a pledge of the lease of the project;
   4. Any other security device or requirement deemed advantageous or necessary by the board.
3. Loans may be made to cities, towns and counties for road or street projects. To qualify for a road or street project loan, in addition to the requirements of subsections (a) and (b) of this section, an applicant shall demonstrate that all related infrastructure including water and sewer is or will be in place at the time of receipt of the loan. No loan shall be provided under this subsection to any city, town or county that has any outstanding or unpaid loan under this subsection. Any loan under this subsection shall be at an interest rate of one percent (1%) plus seventy-five thousandths of one percent (.075%) for each year of the loan term in excess of five (5) years. In the event of prepayment of a loan, the interest rate shall be calculated at the actual loan period, but no refund of interest payment shall be made to the borrowing entity. Any loan made under this subsection shall be for a term of not fewer than five (5) years and not greater than twenty-five (25) years for repayment. The total loans under this subsection provided in any one (1) year shall not exceed one hundred million dollars ($100,000,000.00). Not more than thirty-five million dollars ($35,000,000.00) of road or street loans shall be made in any one (1) year to:
   1. Towns as defined in W.S. 15-1-101(a)(xiv);
   2. Cities as defined in W.S. 15-1-101(a)(iv);
   3. Counties.
4. Loans may be made to irrigation or water conservancy districts for replacement or major maintenance projects of storage, diversion, transmission, and distribution systems. A loan under this subsection shall be at an interest rate of the greater of one percent (1%) plus seventy-five thousandths of one percent (0.075%) for each year of the loan term in excess of five (5) years or the current equivalent yield of a United States treasury security of the same duration of the loan, which may be adjusted every five (5) years. In the event of prepayment of a loan, the interest rate shall be calculated at the actual loan period, but no refund of interest payment shall be made to the borrowing entity. Any loan made under this subsection shall be for a term of not fewer than five (5) years and not greater than twenty-five (25) years for repayment. The board shall require an irrigation or a water conservancy district to apply for other grant or loan programs prior to authorizing a loan under this subsection. Adequate security for loans shall be required and may include:
   1. A pledge of the revenues from the project for which the loan was granted;
   2. A pledge of other revenues available to the irrigation or water conservancy district receiving the loan;
   3. A mortgage covering all or any part of the project or by a pledge of the lease of the project;
   4. Any other security device or requirement deemed advantageous or necessary by the board.
5. No loan shall be made without the written opinion of the attorney general certifying the legality of the transaction and all documents connected therewith. An election approving the project and borrowing for the project by the qualified electors of the borrowing entity shall be required only if the attorney general determines such an election is otherwise required by law.
6. There is created a loss reserve account for loans made under this section. A loan origination fee of one-half of one percent (0.5%) of the loan shall be paid by the loan applicant and deposited to the loss reserve account for any loan approved under this section. If, as a result of default in the payment of any loan made under this section, there occurs a nonrecoverable loss either to the corpus of, or interest due to the permanent Wyoming mineral trust fund, the board shall restore the loss to the permanent fund using any funds available in the loss reserve account. If the funds in the loss reserve account are insufficient to restore the full amount of the loss, the board shall submit a detailed report of the loss to the legislature and shall request an appropriation to restore the balance of the loss to the permanent fund. Beginning June 30, 2018, the state treasurer shall transfer funds quarterly from the permanent Wyoming mineral trust fund reserve account to the loss reserve account created in this subsection, in an amount necessary to ensure that as of the last day of each quarter there is an unobligated, unencumbered balance equal to five percent (5%) of the balance of outstanding loans under this section. Any funds transferred to the loss reserve account pursuant to this subsection which are not necessary to maintain the five percent (5%) balance shall be transferred back to the permanent Wyoming mineral trust fund reserve account on the last day of the quarter.
7. As used in this section:
   1. “Board” means the state loan and investment board to include the office of state lands and investments;
   2. “Infrastructure project” means a capital construction project which may lawfully be undertaken within the powers of the political subdivision authorized to receive a loan under this section;
   3. “Road or street project” means the construction, maintenance or improvement of a public street, road or alley within a city, town or county.

History. Laws 2018, ch. 136, § 1; 2019, ch. 112, § 1; 2021, ch. 123, § 1.

The 2019 amendment, in the introductory language in (a) substituted “aggregate sum of all outstanding loans” for “aggregate sum of all loans” throughout.

Laws 2019, ch. 112, § 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 26, 2019.

The 2021 amendment, effective July 1, 2021, added (d); and redesignated former (d) through (f) as (e) through (g).

Effective date. —

Laws 2018, ch. 136, § 17, makes the act effective July 1, 2018.

§ 16-1-201. Definitions.

1. As used in this article:
   1. “Account” means the state water pollution control revolving loan account created by W.S. 16-1-202 ;
   2. “Board” means the state loan and investment board;
   3. “Capitalization grant” means the federal grant made to Wyoming by the federal environmental protection agency for the purpose of establishing a state water pollution control revolving loan account;
   4. “Corrective action” means as defined by W.S. 35-11-1415(a)(i);
   5. “Corrective action account” means as defined by W.S. 35-11-1415(a)(ii);
   6. “Department” means the department of environmental quality;
   7. “Nonpoint source” means any source of pollution other than a point source as defined by W.S. 35-11-103(a)(x) and includes leaking underground storage tanks and aboveground storage tanks;
   8. “Title VI” means Title VI of the Federal Water Pollution Control Act, 33 U.S.C. §§ 1381 to 1387 (Cum. Supp. 1989);
   9. “Underground storage tank” means as defined by W.S. 35-11-1415(a)(ix);
   10. Repealed by Laws 2019, ch. 186, §  2.
   11. “Aboveground storage tank” means as defined by W.S. 35-11-1415(a)(xi).

History. Laws 1990, ch. 64, § 1; 1994, ch. 32, § 1; 1998, ch. 13, § 1; 2019, ch. 186, § 2.

The 2019 amendment, effective July 1, 2019, repealed (a)(x), which read: “ ‘This article’ means W.S. 16-1-201 through 16-1-207 .”

Editor's notes. —

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

§ 16-1-202. Account established; state match.

1. There is established the state water pollution control revolving loan account. All monies received from federal capitalization grants and all state matching funds shall be deposited in the account and shall be used only to provide financial assistance as authorized in this article.
2. The twenty percent (20%) state matching funds for each federal capitalization grant payment to the account shall be paid from the corrective action account.
3. Payments of principal and interest on all financial assistance made under this article shall be deposited in the account. All funds in the account may be used for and are continuously appropriated for financial assistance as authorized in this article.
4. Any unexpended balance in the account shall be invested by the state treasurer and the interest earned shall be credited to the account.

History. Laws 1990, ch. 64, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, in (a), deleted “within the earmarked revenue fund” at the end of the first sentence.

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.”

§ 16-1-203. Account administration; board powers and duties; department powers and duties; fiscal procedures.

1. The board shall administer the account including issuing loans and other forms of financial assistance for the purposes authorized in this article. The board shall adopt reasonable rules and regulations necessary to administer the account within the requirements of this article, Title VI and other federal laws.
2. The board shall:
   1. Enter an agreement with the federal environmental protection agency regional administrator to receive capitalization grants for the account;
   2. Receive and review applications for financial assistance from the account from municipalities, counties, joint powers boards, state agencies and other entities constituting a political subdivision under the laws of the state on forms supplied by the board;
   3. Administer the account including processing and receiving repayments on all financial assistance; and
   4. Conduct or allow the federal environmental protection agency to conduct an annual audit.
3. The department shall:
   1. Annually prepare and submit to the federal environmental protection agency and the joint minerals, business and economic development interim committee of the legislature an intended use plan which has been subject to public comment and which identifies the intended uses of monies available to the account;
   2. Prepare and submit an annual report required by Title VI; and
   3. Evaluate engineering designs and studies and evaluate technical and administrative management of contracts for all projects in accordance with Title VI.
4. The board and all recipients of financial assistance from the account shall establish fiscal controls and accounting procedures required by Title VI.

History. Laws 1990, ch. 64, § 1; 2005, ch. 151, § 1.

The 2005 amendment, effective July 1, 2005, in (b)(ii), inserted “and other entities constituting a political subdivision under the laws of the state,” and made a related stylistic change.

Meaning of “Title VI.” —

For the definition of “Title VI,” referred to in this section, see § 16-1-201(a)(viii).

§ 16-1-204. Environmental review process.

1. Through the department the board shall conduct a review of potential environmental impacts of projects receiving assistance from the account. The environmental review process shall:
   1. Contain mechanisms requiring implementation of mitigation measures to ensure the project is environmentally sound;
   2. Allow the public an opportunity to challenge environmental review determinations and enforcement actions;
   3. Include documentation of information, processes and premises that influence decisions;
   4. Require public notice and participation;
   5. Include evaluation criteria and processes allowing consideration of alternative decisions; and
   6. Comply with the requirements of Title VI and significant issues pertaining to underground storage tanks as specified in Subtitle I of the Resource Conservation and Recovery Act, 42 U.S.C. § 6991 et seq.

History. Laws 1990, ch. 64, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the 1990 printed act.

Meaning of “Title VI.” —

For the definition of “Title VI,” referred to in subsection (a)(vi), see § 16-1-201(a)(viii).

§ 16-1-205. Authorized projects; authorized financial assistance.

1. The account may be used for financial assistance for the following types of projects:
   1. Construction of wastewater treatment works as allowed by Title VI;
   2. Implementation of nonpoint source pollution control management programs as allowed by Title VI;
   3. Other projects as allowed by Title VI.
2. Financial assistance for the projects authorized in subsection (a) of this section may take the forms provided in Title VI including:
   1. Loans at or below market interest rates or for zero interest. Loans may be awarded only if:
      1. All principal and interest payments on loans are credited directly to the account;
      2. The annual repayment of principal and payment of interest begins not later than one (1) year after project completion;
      3. The loan is  fully amortized not later than the useful life of  the project or thirty (30) years after project completion, whichever is less; and
      4. Each loan recipient establishes a dedicated source of revenue for repayment of the loan.
   2. Refinancing existing debt obligations of municipalities, counties, joint powers boards and state agencies for wastewater treatment works for which debt was incurred and building began after March 7, 1985;
   3. Purchasing insurance for or guaranteeing local debt obligations to improve credit market access or reduce interest rates;
   4. Security or a source of revenue for the payment of principal and interest on revenue or general obligation bonds issued by the state provided that the net proceeds of the sale of such bonds shall be deposited in the account; and
   5. Loan guarantees for similar revolving accounts established by municipalities, counties or joint powers boards.
3. Each fiscal year, an amount of up to  four percent (4%) of the capitalization grant, four hundred thousand dollars ($400,000.00) or two-tenths of one  percent (0.2%) of the current valuation of the account, which ever  amount is greatest, may be used for costs of administering  the account. The monies and fees provided  by subsection (d) of this section, used to administer  the account are not forms of financial assistance which are prioritized  under W.S. 16-1-206 .
4. The board, as a condition to making a loan or other  financial assistance, may impose a reasonable administrative fee or  application fee not to exceed one percent (1%) of the loan amount,  that may be paid from the proceeds of the loan or financial assistance  or other available funds of the applicant. These fees shall be deposited  into the account for purposes of payment of administrative costs of  the program.

History. Laws 1990, ch. 64, § 1; 2016, ch. 14, § 1.

The 2016 amendment, effective July 1, 2016, added (a)(iii); in (b)(i)(C), substituted “the useful life of the project or thirty (30)” for “twenty (20)” and added “whichever is less” following “completion”; rewrote (c) which read as, “An amount of up to four percent (4%) of the capitalization grant may be used for costs of administering the account. The monies used to administer the account are not forms of financial assistance which are prioritized under W.S. 16-1-206 ”; and added (d).

Meaning of “Title VI.” —

For the definition of “Title VI,” referred to in this section, see § 16-1-201(a)(viii).

§ 16-1-206. Financial assistance priorities.

1. If there are publicly owned wastewater treatment works identified as not being in compliance with the federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., then the monies in the account shall initially be used for such wastewater treatment works.
2. If there are no publicly owned wastewater treatment works identified as not being in compliance with the Water Pollution Control Act, 33 U.S.C. § 1251 et seq., then the monies in the account shall initially be used for noninterest bearing loans to the department for taking corrective actions at leaking underground and aboveground storage tank sites, orphan site remediation and solid waste landfill remediation as provided by W.S. 35-11-1424 .
3. Principal payments to the account from loans made for corrective actions at leaking underground and aboveground storage tank sites, orphan site remediation and remediation at solid waste landfills may be used for any purposes authorized in this article.

History. Laws 1990, ch. 64, § 1; 1994, ch. 32, § 1; 2015, ch. 46, § 1; 2018, ch. 12, § 1.

The 2015 amendment, effective July 1, 2015, in (b), added “and solid waste landfill remediation as provided by W.S. 35-11-1424 ”; and in (c), inserted “and remediation at solid waste landfills.”

The 2018 amendment, effective July 1, 2018, in (b), substituted “storage tank sites, orphan site remediation and solid” for “storage tank sites and solid”; and in (c), substituted “storage tank sites, orphan site remediation and remediation” for “storage tank sites and remediation.”

§ 16-1-207. Department loans; repayment.

Principal payments on loans made to the department for taking corrective actions at leaking underground and aboveground storage tank and solid waste landfill remediation sites shall be paid from the corrective action account directly to the state water pollution control revolving loan account.

History. Laws 1990, ch. 64, § 1; 1994, ch. 32, § 1; 2016, ch. 14, § 1.

The 2016 amendment , effective July 1, 2016, added “and solid waste landfill remediation” following “aboveground storage tank.”

§ 16-1-301. Definitions.

1. As used in this article:
   1. “Account” means the state drinking revolving loan account created by W.S. 16-1-302 ;
   2. “Administrative account” means the account which may receive up to four percent (4%) of the federal capitalization funds, loan administration and loan application fees which are used to reimburse costs incurred by state agencies in the administration of the program, including but not limited to costs of servicing loans and issuing debt, program start-up costs, financial, management, and legal consulting fees, and costs for support services by state agencies;
   3. “Board” means the state loan and investment board to include the office of state lands and investments;
   4. “Capitalization grant” means the federal grant made to Wyoming by the federal environmental protection agency for the purpose of establishing and funding a state drinking water revolving loan account;
   5. “Capacity development” means that a community water system or nontransient noncommunity water system can adequately demonstrate that it has technical, managerial and financial capabilities to ensure current and future operations of the water system in accordance with all drinking water regulations in effect;
   6. “Commission” means the Wyoming water development commission and includes the water development office;
   7. “Community water system” means a public water supply which has at least fifteen (15) service connections used year-round by residents, or that regularly provides water to at least twenty-five (25) residents year-round, including, but not limited to, municipalities and water districts;
   8. “Department” means the department of environmental quality;
   9. “Noncommunity water system” means a public water supply which is not a community water system, including, but not limited to, public schools, state park recreational areas and state highway public rest areas;
   10. “Nontransient noncommunity water system” means a public water supply which is not a community system and which regularly provides service to at least twenty-five (25) of the same persons for more than six (6) months of the year who are not full-time residents, including, but not limited to, factories, industrial facilities and office buildings;
   11. “Office of state lands and investments (OSLI)” means the office which provides administrative and operational management of programs of the state loan and investment board;
   12. “Operator” means the person who is directly responsible and in charge of the operation of a water treatment plant or water distribution system;
   13. “Private” means that pertaining to an individual, corporation, partnership, or other legal entity which is not a political subdivision of the state, county or local government;
   14. “Program” means the drinking water state revolving fund program pursuant to section 1452 of the Safe Drinking Water Act (42 U.S.C. § 300j-12);
   15. “Publicly owned water system” means a water system which is owned, operated, managed and maintained by an entity of the state, county, city, township, town, school district, water district, improvement district, joint powers board or any other entity constituting a political subdivision under the laws of this state which provides water for use and consumption of the general public through pipes and other constructed conveyances, and which is not owned, operated, managed or maintained by a private individual, association or corporation;
   16. “Safe Drinking Water Act (SDWA)” means the federal Safe Drinking Water Act including the 1996 amendments (Public Law 104-182, 42 U.S.C. § 300f et seq.);
   17. “Source water assessment” means the delineation of the boundaries of an area from which one (1) or more public water supplies receive drinking water, identifying the existence of actual and potential contaminants which may present a threat to public health within the delineated area to determine the susceptibility of the public water supply in the delineated area to such contaminants;
   18. “Water supply system” means a system from the water source to the consumer premises consisting of pipes, structures and facilities through which water is obtained, treated, stored, distributed or otherwise offered to the public for household use or use by humans and which is part of a community water system or a noncommunity water system;
   19. “Wyoming water development office (WWDO)” means the office which provides administrative and operational management of the programs administered by the Wyoming water development commission.

History. Laws 1998, ch. 88, § 1.

Editor's notes. —

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

§ 16-1-302. Account established; state match.

1. There is established the state drinking water revolving loan account. All monies received from the federal capitalization grants, exclusive of the four percent (4%) administration set-aside as authorized under section 1452(a) of the Safe Drinking Water Act (42 U.S.C. § 300j-12), and all state matching funds shall be deposited in the account and shall only be used to provide financial assistance as authorized by this article.
2. The twenty percent (20%) state matching funds for each federal capitalization grant payment to the account shall be paid fifty percent (50%) out of water development accounts I or II created by W.S. 41-2-124(a) and fifty percent (50%) from the federal mineral royalty capital construction account created by W.S. 9-4-604 .
3. Any unexpended balance in the account shall be invested by the state treasurer and the investment proceeds, including the interest earned, shall be credited to the account.
4. A separate administrative account shall be established outside of the account for the purpose of paying administrative expenses associated with the program as authorized under the Safe Drinking Water Act. Revenue to this account shall be limited to four percent (4%) of the federal capitalization grant through federal fiscal year 2003 and five hundred thousand dollars ($500,000.00) per biennium thereafter.

History. Laws 1998, ch. 88, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, in (a), deleted “within the earmarked revenue fund” at the end of the first sentence.

Appropriations. —

Laws 2004, ch. 95, § 2, subsection 60, effective July 1, 2004, appropriates $1,944,000 from the general fund to the federal mineral royalty capital construction account created by W.S. 9-4-604 for purposes of funding 50% of the state match for the federal safe drinking water revolving loan fund program pursuant to W.S. 16-1-302(b).

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.”

§ 16-1-303. Account administration; board powers and duties; department powers and duties; water development office powers and duties; fiscal procedures.

1. The board, the department and commission are designated as the implementing and administrative agencies for the drinking water state revolving account and shall jointly develop a memorandum of understanding describing the duties and responsibilities of each agency.
2. The board, subject to select water committee review and recommendation of projects, shall administer the account including issuing loans and other forms of financial assistance for purposes authorized in this article on the basis of a priority listing of eligible projects. The board shall adopt reasonable rules and regulations necessary to administer the account within the requirements of this article, the Safe Drinking Water Act and other federal and state laws, including the content of applications, priority listing for use of funds in accordance with requirements established in section 1452(b)(3) of the Safe Drinking Water Act (42 U.S.C. § 300j-12(b)), criteria for awarding, security, and terms and conditions for making loans and providing financial assistance.
3. The office of state lands and investments shall:
   1. Enter into an agreement with the federal environmental protection agency regional administrator to receive capitalization grants for the account;
   2. Receive, review and make recommendations to the board and the select water committee for approval of applications for financial assistance from the account in accordance with requirements established by the board for publicly owned water systems of municipalities, counties, joint powers boards, state agencies, and other entities constituting a political subdivision under the laws of the state on forms supplied by the office of state lands and investments;
   3. Administer the account and administrative account including processing and receiving capitalization grants, the state match, financial assistance agreements, repayments on all financial assistance and all other account revenues;
   4. Conduct and allow the federal environmental protection agency to conduct an annual audit;
   5. Ensure that all publicly owned water systems which are recipients of financial assistance from the account demonstrate capacity development capabilities in compliance with section 1420 of the Safe Drinking Water Act (42 U.S.C. § 300g-9). The department and the water development office shall assist the office of state lands and investments by reviewing and making determinations on the adequacy of water system capacity development capabilities; and
   6. Following public input and recommendations from the water development office and department and upon review and recommendation of the intended use plan and the project priority list by the select water committee, the state loan and investment board shall give final authorization and adoption of the annual intended use plans and the final priority listing of eligible projects.
4. The board, as a condition to making a loan or other financial assistance, may impose a reasonable administrative fee or application fee that may be paid from the proceeds of the loan or financial assistance or other available funds of the applicant. These fees may be deposited into the administrative account for purposes of payment of administrative costs of the program.
5. The department shall:
   1. Assist the office of state lands and investment and the commission annually with the preparation and submission to the federal environmental protection agency an intended use plan and the priority listing of projects eligible to receive assistance from the account which have been subject to public comment and which identifies the intended uses of monies available to the account;
   2. Assist in the preparation and submission of a biennial report required by the Safe Drinking Water Act;
   3. Assist with the preparation and submission of capitalization grant applications;
   4. Provide input and assistance in the evaluations on capacity development for water systems in accordance with procedures adopted pursuant to this article;
   5. Provide operator certification and technical competency for water systems in accordance with W.S. 35-11-302(a)(iv) to include all applicants for financial assistance from the program; and
   6. Ensure that all new or modified community water systems and new or modified nontransient noncommunity water systems commencing operation after October 1, 1999, demonstrate capacity development capabilities and by October 1, 2001, develop a strategy to assist all community and noncommunity water systems in acquiring and maintaining capacity development by adopting procedures governing capacity development in compliance with section 1420 of the Safe Drinking Water Act (42 U.S.C. § 300g-9). The department shall adopt procedures to accomplish this task and shall have the authority to require new systems in noncompliance of capacity development capabilities to take steps to correct inadequacies or cease water system operations. The water development office shall assist the department in the review and adequacy determinations of water system capacity development capabilities.
6. The commission shall:
   1. Evaluate engineering designs and studies and provide the technical and administrative management of contracts for all projects in accordance with requirements of this article, state program, and the Safe Drinking Water Act;
   2. Assist the office of state lands and investments and the department annually with the preparation and submission to the federal environmental protection agency an intended use plan and the priority listing of projects eligible to receive assistance from the account which have been subject to public comment and which identifies the intended uses of monies available to the account;
   3. Provide input and assistance in the evaluations of capacity development for water systems in accordance with procedures developed as authorized by this article; and
   4. Include in the commission’s annual report to the legislature, a report on the status of the drinking water state revolving loan fund.
7. The office of state lands and investments and all recipients of financial assistance from the account shall establish fiscal controls and accounting procedures in compliance with the Safe Drinking Water Act.
8. The office of state lands and investments shall require as part of the application and approval process, that all financial assistance applicants obtain or ensure the certification of the operators of the publicly owned water systems in accordance with department rules and regulations prior to obtaining financial assistance approval.
9. The select water committee shall review and recommend for approval project applications submitted to the committee pursuant to subsection (c)(ii) of this section.

History. Laws 1998, ch. 88, § 1.

Editor's notes. —

There is no subsection (i) in this section as it appears on the printed act.

§ 16-1-304. Environmental review process.

1. The department shall conduct and make available to the office of state lands and investments a review of potential environmental impacts of projects receiving assistance from the account. The environmental review process shall:
   1. Contain mechanisms requiring implementation of mitigation measures to ensure the project is environmentally sound;
   2. Allow the public an opportunity to challenge environmental review determinations and enforcement actions;
   3. Employ an interdisciplinary approach to identify and mitigate adverse environmental effects including all pertinent state and federal authorities;
   4. Include documentation of information, processes and premises that influence decisions;
   5. Require public notice and participation;
   6. Include evaluation criteria and a process allowing consideration of alternative decisions; and
   7. Comply with the requirements of the Safe Drinking Water Act.

History. Laws 1998, ch. 88, § 1.

Editor's notes. —

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

§ 16-1-305. Authorized projects; authorized financial assistance.

1. Subject to select water committee review and recommendation of projects, the account may be used for financial assistance for the planning, design and construction of projects on eligible publicly owned water systems which may be either community or noncommunity water systems. Eligible projects may be comprised of improvements to all components of a water supply system as appropriate and permitted by the Safe Drinking Water Act.
2. Financial assistance for the projects authorized in subsection (a) of this section may be in the forms authorized by the Safe Drinking Water Act including:
   1. Loans at or below market interest rates. Loans may be awarded only if:
      1. All principal and interest payments on loans are credited directly to the account;
      2. The annual repayment of principal and payment of interest begins not later than one (1) year after project completion;
      3. The loan is fully amortized not later than twenty (20) years after project completion or not later than thirty (30) years for disadvantaged communities providing the period of the loan does not exceed the design life of the project; and
      4. Each loan recipient establishes a dedicated source of revenue for repayment of the loan.
   2. Refinancing existing debt obligation of publicly owned water systems for planning, design and construction of water systems for which the initial debt was incurred and construction started after July 1, 1993;
   3. Purchasing insurance for or guaranteeing local debt obligations to improve credit market access or reduce interest rates.
3. An amount up to four percent (4%) of the capitalization grant may be used for costs of administering the account and shall be deposited into the administrative account.
4. Repealed by Laws 2010, ch. 69, § 204.
5. The board may consider the use of an amount of the allowable percentage of the capitalization grant for all of the established set-asides provided for by the Safe Drinking Water Act.

History. Laws 1998, ch. 88, § 1; 2010, ch. 69, §§ 203, 204.

The 2010 amendment, effective July 1, 2010, in (e), deleted the former first sentence which read: “Funding set-asides and loan subsidies as allowed by the Safe Drinking Water Act for federal fiscal years 1997, 1998 and 1999 shall be limited to those provided for in subsections (c) and (d) of this section,” and deleted “in all following federal fiscal years starting in the year 2000” at the end; and repealed former (d) which read: “An amount up to 10 percent (10%) of the federal fiscal year 1997 capitalization grant may be set-aside and delineated to be used to do statewide source water assessment activities as provided by this article.”

§ 16-1-306. Inventory of publicly owned water systems; sanitary surveys.

1. The department and water development office shall maintain an inventory of publicly owned water systems within the state, which inventory may consist of such information as the department and water development office deem necessary to include information as provided by the environmental protection agency.
2. The department and water development office shall conduct sanitary surveys of community and nontransient noncommunity water systems within the state. The sanitary surveys shall be conducted no less than every five (5) years and information contained in the surveys shall be used in establishing the priority ranking list for eligible projects as part of this program.
3. The costs incurred by the department and water development office to maintain the inventory of publicly owned water systems and to conduct sanitary surveys may be reimbursed to the agencies from the administrative account.

History. Laws 1998, ch. 88, § 1.

§ 16-1-307. Transfer of funds.

The governor may transfer capitalization grant funds from the water pollution control revolving loan account established by W.S. 16-1-202 to the drinking water state revolving fund account created by W.S. 16-1-302 and from the drinking water state revolving fund account to the water pollution control revolving loan account, as authorized by the Safe Drinking Water Act.

History. Laws 1998, ch. 88, § 1.

§ 16-1-308. Emergency financial assistance.

1. Notwithstanding any provision of W.S. 16-1-303(b) or (j) or 16-1-305(a), the board may, without further select water committee review and recommendation, authorize loans or other forms of financial assistance from the account for purposes authorized in this article, if the board determines:
   1. An emergency exists which significantly threatens the continued operation of a public water system; and
   2. There is insufficient time to obtain select water committee review and recommendation of the project in order to effectively address the emergency situation.

History. Laws 1998, ch. 88, § 1.

Editor's notes. —

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

§ 16-2-101. Definitions.

1. As used in this act:
   1. “Authorized officer” means any official of this state or any of its departments, agencies or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted;
   2. “Facsimile signature” means the reproduction by engraving, imprinting, stamping or other means of the manual signature of an authorized officer;
   3. “Instrument of payment” means a check, draft, warrant or order for the payment, delivery or transfer of funds;
   4. “Public security” means a bond, note, certificate of indebtedness or other obligation for the payment of money, issued by this state or by any of its departments, agencies or other instrumentalities or by any of its political subdivisions;
   5. “This act” means W.S. 16-2-101 through 16-2-103 .

History. Laws 1959, ch. 34, § 1; W.S. 1957, § 9-18.1; W.S. 1977, § 9-1-123; Laws 1982, ch. 62, § 3; 2004, ch. 130, § 1.

The 2004 amendment, in (a)(v), substituted “16-2-103” for “16-2-104.”

Laws 2004, ch. 130, § 4, 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 19, 2004.

Editor's notes. —

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

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “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.”

§ 16-2-102. Facsimile signature; authorized use; legal effect.

1. After filing with the secretary of state his manual signature certified by him under oath, any authorized officer may execute or cause to be executed with a facsimile signature in lieu of his manual signature:
   1. Any public security, provided that at least one (1) signature required or permitted to be placed thereon shall be manually subscribed; and
   2. Any instrument of payment.
2. Upon compliance with this act by the authorized officer, his facsimile signature has the same legal effect as his manual signature.

History. Laws 1959, ch. 34, § 2; W.S. 1957, § 9-18.2; W.S. 1977, § 9-1-124; Laws 1982, ch. 62, § 3.

Cross references. —

As to use of facsimile signature on refunding securities, see § 16-5-111 .

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (b), see § 16-2-101(a)(v).

§ 16-2-103. Facsimile seal of state; authorized use; legal effect.

When the seal of this state or any of its departments, agencies, or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.

History. Laws 1959, ch. 34, § 3; W.S. 1957, § 9-18.3; W.S. 1977, § 9-1-125; Laws 1982, ch. 62, § 3.

Cross references. —

As to use of facsimile seal on refunding securities, see § 16-5-111 .

§ 16-2-104. [Repealed.]

Repealed by Laws 1982, ch. 75, § 5.

Editor's notes. —

This section, which derived from Laws 1959, ch. 34, § 4, prohibited the fraudulent use of facsimile signature or seal.

§ 16-3-101. Short title; definitions.

1. This act may  be cited as the “Wyoming Administrative Procedure Act”.
2. As used in this  act:
   1. “Agency” means any authority, bureau, board, commission, department, division, officer or employee of the state, a county, city or town or other political subdivision of the state, except the governing body of a city or town, the state legislature, the University of Wyoming, the judiciary, the consensus revenue estimating group as defined in W.S. 9-2-1002 and the investment funds committee created by W.S. 9-4-720 ;
   2. “Contested case” means a proceeding including but not restricted to ratemaking, price fixing and licensing, in which legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing but excludes designations under W.S. 9-2-3207(h)(i);
   3. “License”  includes the whole or part of any agency permit, certificate, approval,  registration, charter or similar form of permission required by law,  but it does not include a license required solely for revenue purposes;
   4. “Licensing”  includes the agency process respecting the grant, denial, renewal,  revocation, suspension, annulment, withdrawal or amendment of a license;
   5. “Local  agency” means any agency with responsibilities limited to less  than statewide jurisdiction, except the governing body of a city or  town;
   6. “Party”  means each person or agency named or admitted as a party or properly  seeking and entitled as of right to be admitted as a party;
   7. “Person”  means any individual, partnership, corporation, association, municipality,  governmental subdivision or public or private organization of any  character other than an agency;
   8. “Registrar  of rules” for state agency rules means the secretary of state.  “Registrar of rules” for local agency rules means the  county clerk of the county in which the rule is to be effective;
   9. “Rule”  means each agency statement of general applicability that implements,  interprets and prescribes law, policy or ordinances of cities and  towns, or describes the organization, procedures, or practice requirements  of any agency. The term includes the amendment or repeal of a prior  rule, but does not include:
      1. Statements concerning  only the internal management of an agency and not affecting private  rights or procedures available to the public; or
      2. Rulings issued  pursuant to W.S. 16-3-106 ; or
      3. Intraagency memoranda;  or
      4. Agency decisions  and findings in contested cases; or
      5. Rules concerning  the use of public roads or facilities which are indicated to the public  by means of signs and signals; or
      6. Ordinances of  cities and towns; or
      7. Designations under W.S. 9-2-3207(h)(i); or
      8. A general permit.
   10. “State  agency” means any agency with statewide responsibilities;
   11. “General  permit” means a permit issued by the department of environmental  quality which authorizes a category or categories of discharges or  emissions;
   12. “Internet” means as defined in W.S. 9-2-3219(a)(iii);
   13. “This  act” means W.S. 16-3-101 through 16-3-115 .

History. Laws 1965, ch. 108, § 1; W.S. 1957, § 9-276.19; Laws 1977, ch. 107, § 1; W.S. 1977, § 9-4-101 ; Laws 1979, ch. 154, § 1; 1982, ch. 16, § 1; ch. 62, § 3; 1993, ch. 80, § 1; 1997, ch. 83, § 1; 2004, ch. 130, § 1; 2012, ch. 109, § 1; 2014, ch. 62, § 1; 2016, ch. 118, § 2; 2017, ch. 202, § 2; 2021, ch. 56, § 3.

Cross references. —

As to exemption of promulgation of substantive rules and conduct of hearings of state board of parole from this chapter, except for filing of rules and regulations, see § 7-13-402(d).

As to a hearing to contest the issuance of a cease and desist order to a Wyoming financial institution or bank holding company, see § 13-10-208 .

As to the authority of the department of transportation to adopt rules and regulations in accordance with the Administrative Procedure Act, see § 37-9-310 .

The 2004 amendment, in (b)(ix)(E) and (F), added “or” at the end of each.

Laws 2004, ch. 130, § 4, 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 19, 2004.

The 2012 amendment, in (b), added (b)(ix)(H) and made stylistic changes, added (b)(xi), and redesignated former (b)(xi) as (b)(xii).

Laws 2012, ch. 109, § 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 23, 2012.

The 2014 amendment, effective July 1, 2014, added present (b)(xii); and redesignated former (b)(xii) as (b)(xiii).

The 2016 amendment, effective July 1, 2016, substituted “and the consensus revenue estimating group as defined in W.S. 9-2-1002 ” for “and the judiciary” at the end of (b)(i).

The 2017 amendment , effective July 1, 2018, in (b)(i) added “and the investment funds committee created by W.S. 9-4-720 ” at the end of the introductory language, made a related change, and made a stylistic change.

The 2021 amendment substituted "9-2-3207(h)(i)" for "9-2-1022(h)(i)" in (b)(ii) and (b)(ix)(G); and substituted "9-2-3219(a)(iii)" for "9-2-1035(a)(iii)" in (b)(xii).

Laws 2021, ch. 56, § 7, 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 April 1, 2021.

Editor's Notes. —

Laws 2016, ch. 118 § 3, provides: “To the extent any provision of this act conflicts with any provision of 2016 Senate File 0001, as enacted into law, the provisions of Senate File 0001 shall control for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018. This section shall not be interpreted to relieve the governor, legislature or any committee of the legislature from taking any action required in this act. The governor may exercise authority granted under 2016 Senate File 0001 or this act in order to avoid a budget shortfall as defined in W.S. 9-2-1002 for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018.”

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “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.”

• I. General Consideration.
• II. Contested Cases.
• III. Other Definitions.

§ 16-3-102. General rulemaking requirements; assistance and authority of attorney general.

1. In addition to other rulemaking requirements imposed by law, each agency shall:
   1. Adopt rules of practice setting forth the nature and requirements of all formal and informal procedures available in connection with contested cases;
   2. Make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted or used by the agency in the discharge of its functions;
   3. Make available for public inspection all final orders, decisions and opinions.
2. No agency rule, order or decision is valid or effective against any person or party, nor may it be invoked by the agency for any purpose, until it has been filed with the registrar of rules and made available for public inspection as required by this act. This subsection does not apply to orders or decisions in favor of any person or party with actual knowledge of the rule, order or decision.
3. In formulating rules of practice as required by this section, each agency may request the assistance of the attorney general and upon request the attorney general shall assist the agency or agencies in the preparation of rules of practice.
4. The office of administrative hearings shall adopt uniform rules for the use of state agencies setting forth the nature and requirements of all formal and informal procedures available in connection with contested cases.
5. The attorney general may repeal administrative rules of a state agency in accordance with this act if the rules have become obsolete and no other existing agency has authority to repeal the rules.

History. Laws 1965, ch. 108, § 2; W.S. 1957, § 9-276.20; Laws 1977, ch. 190, § 2; W.S. 1977, § 9-4-102 ; Laws 1982, ch. 16, § 1; ch. 62, § 3; 2014, ch. 109, § 1.

The 2014 amendment, effective July 1, 2014, added (d) and (e).

Editor's notes. —

Laws 1997, ch. 31, § 5, provides: “The legislative service office shall annually provide each member of the legislature with a list of the reports submitted to the legislature by state agencies identifying which committees of the legislature received each report.”

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in subsection (b), see § 16-3-101(b)(xi).

Wyoming tax commission is required to adopt rules of practice for the conduct of contested cases before it and the absence of such may be prejudicially fatal. Yeik v. Department of Revenue & Taxation, 595 P.2d 965, 1979 Wyo. LEXIS 427 (Wyo. 1979).

Properly promulgated rules have force and effect of law. —

Rules and regulations adopted pursuant to statutory authority and properly promulgated have the force and effect of law. Distad v. Cubin, 633 P.2d 167, 1981 Wyo. LEXIS 370 (Wyo. 1981).

Internal Hearing Unit properly formed. —

The Division of Workers Safety and Compensation was authorized to promulgate rules and regulations relating to the resolution of contested matters that are not required to be heard by the Medical Commission or the Office of Administrative Hearings, including agency review of claimed late filings, and had ample authority to form the Internal Hearing Unit. Internal Hearing Unit. Sheneman v. Division of Workers' Safety & Comp. Internal Hearing Unit, 956 P.2d 344, 1998 Wyo. LEXIS 50 (Wyo. 1998).

And prejudice may result from failure to adopt and file rules. —

A school board which terminates the employment of a continuing contract teacher may fail to show that the teacher is not prejudiced by the school district's failure to adopt rules of practice and file them as required by this section and § 16-3-104 .Monahan v. Board of Trustees, 486 P.2d 235, 1971 Wyo. LEXIS 226 (Wyo. 1971).

Civil rule superseded by regulations. —

The applicable statutes and regulations relating to actions against the department of employment supersede Rule 6(d), W.R.C.P. (additional time after service by mail). Fullmer v. Wyoming Employment Sec. Comm'n, 858 P.2d 1122, 1993 Wyo. LEXIS 141 (Wyo. 1993).

County department of public assistance not bound by interpretative guideline in state manual. —

A county department of public assistance is not bound by an interpretative rule or guideline in the state social services manual, since such a guideline is not the equivalent of a duly promulgated rule or regulation having the force of law, and the failure of the department to follow the manual's review procedures does not deprive a party of his constitutional rights to due process and equal protection. In re Matter of GP, 679 P.2d 976, 1984 Wyo. LEXIS 269 (Wyo. 1984).

Breathalyzer test results not invalidated because of absence of rules governing chemical testing. —

Where the department of health and social services, under § 31-6-105(a), approved the method of testing for chemical sobriety, its failure to promulgate rules governing chemical testing results pursuant to the Administrative Procedure Act did not invalidate the breathalyzer test results of the defendant, arrested for driving under the influence. Wheeler v. State, 705 P.2d 861, 1985 Wyo. LEXIS 557 (Wyo. 1985).

Change in tax valuation method not “rule.” —

Letters issued by the department of revenue and taxation to announce a change in the valuation method for calculating the severance tax on uranium ore did not constitute “rules” and therefore did not require adoption pursuant to this chapter. Pathfinder Mines Corp. v. State Bd. of Equalization, 766 P.2d 531, 1988 Wyo. LEXIS 171 (Wyo. 1988).

Authority For Internal Hearing Unit. —

This section and § 16-3-112 , along with § 27-14-802 vested the Division of Workers' Safety and Compensation with authority to form the Internal Hearing Unit comprised of members of the agency. Poll v. State ex rel. Department of Empl., Div. of Workers' Safety & Compensation, 963 P.2d 977, 1998 Wyo. LEXIS 99 (Wyo. 1998).

Applied in

Yeik v. Department of Revenue & Taxation, 595 P.2d 965, 1979 Wyo. LEXIS 427 (Wyo. 1979); First Nat'l Bank v. Bonham, 559 P.2d 42, 1977 Wyo. LEXIS 225 (Wyo. 1977); Langdon v. Aetna Life Ins. Co., 640 P.2d 1092, 1982 Wyo. LEXIS 299 (Wyo. 1982); Hupp v. Employment Sec. Comm'n, 715 P.2d 223, 1986 Wyo. LEXIS 500 (Wyo. 1986).

Cited in

Glenn v. Board of County Comm'rs, 440 P.2d 1, 1968 Wyo. LEXIS 166 (Wyo. 1968); Rosenberger v. City of Casper Bd. of Adjustment, 765 P.2d 367, 1988 Wyo. LEXIS 176 (Wyo. 1988).

Law reviews. —

For comment, “Competitive Bidding on Public Works in Wyoming: Determination of Responsibility and Preference,” see XI Land & Water L. Rev. 243 (1976).

For comment, “Wyoming's Administrative Regulation Review Act,” see XIV Land & Water L. Rev. 189 (1979).

For article, “Administrative Regulation Review — Act II,” see XV Land & Water L. Rev. 207 (1980).

For article, “A State Central Panel Hearing Officer System for Wyoming,” see XXI Land & Water L. Rev. 497 (1986).

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

Compliance with provision of Administrative Procedure Act, 5 USC § 553(d), providing that, with certain exceptions, required publication of a substantive rule must be made at least 30 days before its effective date, 54 ALR Fed 553.

What rules, statements and interpretations adopted by federal agencies must be published, 77 ALR Fed 572.

§ 16-3-103. Adoption, amendment and repeal of rules; notice; hearing; emergency rules; proceedings to contest; review and approval by governor.

1. Prior to an agency’s adoption, amendment or repeal of all rules other than interpretative rules or statements of general policy, the agency shall:
   1. Give at least forty-five (45) days notice of its intended action. Notice shall be mailed to all persons making timely requests of the agency for advanced notice of its rulemaking proceedings and to the attorney general, the secretary of state’s office as registrar of rules, and the legislative service office if a state agency. The agency shall submit a copy of the proposed rules, in a format conforming to any requirements prescribed pursuant to subsection (f) of this section, with the notice given to the legislative service office. The notice shall include:
      1. The time when, the place where and the manner in which interested persons may present their views on the intended action;
      2. A statement of the terms and substance of the proposed rule or a description of the subjects and issues involved;
      3. If an amendment or a repeal, the citation to the agency rule to be amended or repealed;
      4. If new rules, a statement that they are new rules and a citation of the statute which authorizes adoption of the rules;
      5. The place where an interested person may obtain a copy of the proposed rules in a format conforming to any requirements prescribed pursuant to subsection (f) of this section;
      6. If the agency asserts that all or a portion of a rule is proposed to be adopted, amended or repealed in order for the state to comply with federal law or regulatory requirements:
         1. A statement that the adoption, amendment or repeal of the rule is required by federal law or regulation together with citations to the applicable federal law or regulation; and
         2. A statement whether the proposed rule change meets minimum federal requirements or whether the proposed rule change exceeds minimum federal requirements.
      7. A statement whether the proposed rule change meets minimum substantive state statutory requirements or whether the proposed rule change exceeds minimum substantive state statutory requirements. If the rule change exceeds minimum substantive state statutory requirements, the agency shall include a statement explaining the reason why the rule exceeds minimum substantive statutory requirements;
      8. A statement that the agency has complied with the requirements of W.S. 9-5-304 and the location where an interested person may obtain a copy of the assessment used to evaluate the proposed rule pursuant to W.S. 9-5-304 ;
      9. A concise statement of the principal reasons for adoption of the rule. In compliance with Tri-State Generation and Transmission Association, Inc. v. Environmental Quality Council, 590 P.2d 1324 (Wyo. 1979), the statement shall include a brief explanation of the substance or terms of the rule and the basis and purpose of the rule;
      10. If a state agency is proposing a rule that differs from the uniform rules listed in subsection (j) of this section, a statement of the reasons for varying from the uniform rules.
   2. Afford all interested persons reasonable opportunity to submit data, views or arguments, orally or in writing, provided this period shall consist of at least forty-five (45) days from the later of the dates specified under subparagraph (A) of this paragraph, and provided:
      1. In the case of substantive rules, opportunity for oral hearing shall be granted if requested by twenty-five (25) persons, or by a governmental subdivision, or by an association having not less than twenty-five (25) members. No hearing under this subparagraph shall be conducted until at least forty-five (45) days after the later of:
         1. The date notice of intended action is given under paragraph (i) of this subsection; or
         2. The date notice is published if publication is required by subsection (e) of this section.
      2. The agency shall consider fully all written and oral submissions respecting the proposed rule;
      3. If prior to final adoption any person objects to the accuracy of a statement made by the agency pursuant to W.S. 16-3-103(a)(i)(F)(I) or (II), the agency shall:
         1. Provide the objecting person with a written response explaining and substantiating the agency’s position by reference to federal law or regulations; and
         2. Include with the final rules submitted for review to the governor and legislative service office a concise statement of the objection and the agency’s response.
      4. Upon adoption of the rule, the agency, if requested to do so by an interested person, either prior to adoption or within thirty (30) days thereafter, shall issue a concise statement of the principal reasons for overruling the consideration urged against its adoption.
   3. Comply with the requirements of W.S. 9-5-304.
2. When an agency finds that an emergency requires the agency to proceed without notice or opportunity for hearing required by subsection (a) of this section, it may adopt emergency rules. An emergency rule is effective when filed. A state agency emergency rule shall bear the endorsement of the governor’s concurrence on the finding of emergency before the registrar of rules accepts the rule for filing. The rule so adopted shall be effective for no longer than one hundred twenty (120) days but the adoption of an identical rule under W.S. 16-3-103(a) or of an emergency rule under this subsection is not precluded. In no case shall identical or substantially similar emergency rules be effective for a total period of more than two hundred forty (240) days. A local agency may proceed with the emergency rule when notice of the emergency is filed with the local registrar of rules.
3. No rule is valid unless submitted, filed and adopted in substantial compliance with this section. A proceeding to contest any rule on the ground of noncompliance with the procedural requirements of this section must be commenced within two (2) years from the effective date of the rule.
4. No state agency rule or any amendment, repeal, modification or revision of the rule may be filed with the registrar of rules unless the rule has been submitted to the governor for review and the governor has approved and signed the rule. Except in the case of emergency rules and rules adopted by the game and fish commission fixing general hunting or fishing regulations, season or bag limits or establishing hunting areas, the governor shall not approve any rule until the date of receipt of the legislative management council’s recommendation under W.S. 28-9-106(a) or until forty (40) days after the rule is filed with the legislative service office pursuant to W.S. 28-9-103(b), whichever is sooner. During the process of approving rules, the governor may disapprove any portion of a rule not conforming to paragraphs (d)(i), (ii) or (iii) of this section by clearly indicating the portion of the rule disapproved and the basis for the disapproval. Only those portions of a rule approved by the governor shall be filed with the registrar of rules as provided by W.S. 16-3-104(a). Any portion of a rule disapproved by the governor shall be returned to the agency and shall be null and void and shall not be filed, implemented or enforced. The governor shall report his disapproval of any rule or portion thereof to the management council within fifteen (15) days. The governor shall not approve any rule or any amendment, repeal, modification or revision of the rule unless it:
   1. Is within the scope of the statutory authority delegated to the adopting agency;
   2. Appears to be within the scope of the legislative purpose of the statutory authority; and
   3. Has been adopted in compliance with the procedural requirements of this act. For the purposes of this subsection, an “agency” means any authority, bureau, board, commission, department, division, officer or employee of the state, excluding the state legislature and the judiciary.
5. If a state agency created as a licensing or regulatory board or commission for any profession or occupation regulated under title 33 regularly publishes a newsletter, memorandum or other written or electronic communication which serves as a medium to provide information to members of the regulated profession or occupation, then in addition to the notice requirements of subsection (a) of this section, the agency shall publish within that medium the proposed rules in a format conforming to any requirements prescribed pursuant to subsection (f) of this section. If the agency determines publication in such manner is not practicable, it shall publish within the chosen medium at least once prior to taking final action to adopt, amend or repeal any rule notice of its intended rulemaking proceedings and make available the full text of all proposed changes in the format conforming to any requirements prescribed pursuant to subsection (f) of this section. This subsection shall not apply to emergency rules adopted pursuant to subsection (b) of this section.
6. The state registrar of rules shall prescribe a format for state agencies to follow in preparing proposed amendments to existing rules which shall ensure that additions to and deletions from existing language are clearly indicated.
7. Upon receipt of a notice of intended action from a state agency under paragraph (a)(i) of this section, the secretary of state’s office shall maintain a file of these notices and make them available for public inspection during regular business hours. A notice shall remain in the file until the rules are adopted or until the agency determines not to take action to adopt the proposed rules. To the extent that resources enable the office to do so, the secretary of state’s office shall make these notices available to the public electronically. The secretary of state may promulgate rules specifying the format of notices submitted by state agencies under this subsection. Compliance with this subsection shall not affect the validity of rules promulgated by state agencies.
8. An agency may incorporate, by reference in its rules and without publishing the incorporated matter in full, all or any part of a code, standard, rule or regulation that has been adopted by an agency of the United States or of this state, another state or by a nationally recognized organization or association, provided:
   1. The agency determines that incorporation of the full text in agency rules would be cumbersome or inefficient given the length or nature of the rules;
   2. The reference in the rules of the incorporating agency fully identifies the incorporated matter by location, date and otherwise, and states that the rule does not include any later amendments or editions of the incorporated matter;
   3. The agency, organization or association originally issuing the incorporated matter makes copies of it readily available to the public;
   4. The incorporating agency maintains and makes available for public inspection a copy of the incorporated matter at cost from the agency and the rules of the incorporating agency state where the incorporated matter is available on the internet as defined in W.S. 9-2-3219(a)(iii); and
   5. The incorporating agency otherwise complies with all procedural requirements under this act and the rules of the registrar of state agency rules governing the promulgation and filing of agency rules.
9. Each state agency shall adopt as much of the uniform rules promulgated pursuant to the following provisions as is consistent with the specific and distinct requirements of the agency and state or federal law governing or applicable to the agency:
   1. W.S. 16-3-102(d);
   2. W.S. 16-4-204(e).

History. Laws 1965, ch. 108, § 3; W.S. 1957, § 9-276.21; Laws 1977, ch. 190, § 2; W.S. 1977, § 9-4-103 ; Laws 1982, ch. 16, § 1; ch. 62, § 3; 1985, ch. 57, § 1; 1991, ch. 81, § 1; 1995, ch. 84, § 1; ch. 168, § 1; 1997, ch. 62, § 1; ch. 85, § 1; 2001, ch. 175, § 1; 2003, ch. 139, § 1; 2004, ch. 75, § 1; 2006, ch. 114, § 1; 2007, ch. 215, § 1; 2013, ch. 161, § 1; 2014, ch. 109, § 1; 2015, ch. 131, § 1; 2021, ch. 56, § 3.

The 2004 amendment, in (a)(ii), added “this period shall consist of at least forty-five (45) days from the latter of the dates specified under subparagraph (A) of this paragraph, and provided” at the end of the paragraph; and in (b) substituted “subsection (a)” for “paragraph (a)(i),” “W.S. 16-3-103(a)” for “W.S. 16-3-103(a)(i),” and inserted “or of an emergency rule under this subsection” following “identical rule under W.S. 16-3-103(a),” and the next-to-last sentence.

Laws 2004, ch. 46, 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 5, 2004.

The 2006 amendment, deleted “and” at the end of (a)(i)(E).

Laws 2006, ch. 114, § 5, 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 24, 2006.

The 2007 amendment, effective July 1, 2007, substituted “later” for “latter” in (a)(ii).

Laws 2007, ch. 215, § 5, 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 July 1, 2007.

The 2013 amendment, effective July 1, 2013, added (a)(i)(H) and (a)(iii).

The 2014 amendment, effective July 1, 2014, added (a)(i)(J) and (a)(i)(K); in (h)(i), added “The agency determines that” at the beginning, substituted “cumbersome or inefficient given the length or nature of the rules” for “unduly cumbersome or expensive”; in (h)(iii), deleted “and the rules of the incorporating agency state where such copies are available” at the end; in (h)(iv), inserted “at cost from the agency,” deleted “copies of” preceding “the incorporated”, substituted “is available on the internet as defined in W.S. 9-2-1035(a)(iii)” for “are available at cost are available from the incorporating agency”; and added (j).

The 2015 amendment, in (j)(ii), substituted “16-4-204(e)” for “16-3-204(e).”

Laws 2015, ch. 131, § 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 4, 2015.

The 2021 amendment substituted "9-2-3219(a)(iii)" for "9-2-1035(a)(iii)" in (h)(iv).

Laws 2021, ch. 56, § 7, 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 April 1, 2021.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-3-101(b)(xi).

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny 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.”

Laws 2007, ch. 215, § 4, provides: “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.”

Laws 2007, ch. 215, § 4, provides: “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.”

Due process rights not infringed by prohibition of water variances. —

Given the various means by which a corporation could present its views as to a water turbidity standard, including the opportunity to participate in the promulgation process and to assure that there is procedural compliance, the opportunity to obtain judicial review, if it is affected in fact by the rule adopted, and the opportunity to seek the amendment or repeal of the rule, the corporation's rights to procedural due process are not infringed by the prohibition of water variances under § 35-11-601(o). United States Steel Corp. v. Wyoming Envtl. Quality Council, 575 P.2d 749, 1978 Wyo. LEXIS 270 (Wyo. 1978).

Section provides minimum requirements of public rulemaking procedure with which agencies must comply. Tri-State Generation & Transmission Ass'n v. Environmental Quality Council, 590 P.2d 1324, 1979 Wyo. LEXIS 369 (Wyo. 1979).

In order to initiate rulemaking proceedings, there must be compliance with this section, which, among other things, requires 20 days' (now 30 days') notice of an agency's intended action prior to its adoption, amendment or repeal of all rules. United States Steel Corp. v. Wyoming Envtl. Quality Council, 575 P.2d 749, 1978 Wyo. LEXIS 270 (Wyo. 1978).

Board of equalization subject to Act. —

Board of equalization was required to follow procedures in the Administrative Procedure Act when prescribing rules and regulations, and did not have authority to hold a “fact-finding proceeding” or submit an “investigative report” to department of revenue concerning the department's appraisal methods. Basin Elec. Power Coop. v. Department of Revenue, 970 P.2d 841, 1998 Wyo. LEXIS 191 (Wyo. 1998), reh'g denied, 970 P.2d 841, 1999 Wyo. LEXIS 7 (Wyo. 1999).

Hearing merely informational where no indication of “intended action.” —

Where a corporation files a petition to amend or repeal a water turbidity standard and the public notice given by the environmental quality council of a hearing to be held on the petition merely states that there is to be the hearing, such notice gives no indication of the environmental quality council's “intended action,” and the hearing is merely informational. United States Steel Corp. v. Wyoming Envtl. Quality Council, 575 P.2d 749, 1978 Wyo. LEXIS 270 (Wyo. 1978).

Statement of reasons for adoption of rule required. —

Administrative agencies are required to provide a brief and concise statement of the principal reasons for the adoption of a rule. Tri-State Generation & Transmission Ass'n v. Environmental Quality Council, 590 P.2d 1324, 1979 Wyo. LEXIS 369 (Wyo. 1979).

And reasons for requiring statement of reasons for overruling considerations urged against rule's adoption are to assure that the agency considered any arguments made at the public hearing and to facilitate judicial review. Tri-State Generation & Transmission Ass'n v. Environmental Quality Council, 590 P.2d 1324, 1979 Wyo. LEXIS 369 (Wyo. 1979).

Courts required to inquire into facts supporting rule's adoption. —

Once the principal reasons for the adoption of a rule are supplied, the courts are required to make a searching and careful inquiry into the facts, but are not empowered to substitute their judgment for that of the agency, nor to determine if the latter is supported by substantial evidence. Tri-State Generation & Transmission Ass'n v. Environmental Quality Council, 590 P.2d 1324, 1979 Wyo. LEXIS 369 (Wyo. 1979).

County department of public assistance not bound by interpretative guideline in state manual. —

A county department of public assistance is not bound by an interpretative rule or guideline in the state social services manual, since such a guideline is not the equivalent of a duly promulgated rule or regulation having the force of law, and the failure of the department to follow the manual's review procedures does not deprive a party of his constitutional rights to due process and equal protection. In re Matter of GP, 679 P.2d 976, 1984 Wyo. LEXIS 269 (Wyo. 1984).

Change in tax valuation method not “rule.” —

Letters issued by the department of revenue and taxation to announce a change in the valuation method for calculating the severance tax on uranium ore did not constitute “rules” and therefore did not require adoption pursuant to this chapter. Pathfinder Mines Corp. v. State Bd. of Equalization, 766 P.2d 531, 1988 Wyo. LEXIS 171 (Wyo. 1988).

EQC and DEQ were proper parties to a proceeding challenging amendments to water quality rules. —

After the Wyoming Environmental Quality Council (EQC) adopted proposed revisions to Chapter 1 of the Wyoming Water Quality Rules and Regulations, the Wyoming Department of Environmental Quality (DEQ) filed a notice of intended rulemaking with the Wyoming Secretary of State's Office in accordance with Wyo. Stat. Ann. § 16-3-103(a); petitioner special interest groups filed a petition to challenge the new rules and named the (DEQ) as respondent. The district court erred in dismissing the petition for lack of jurisdiction on the ground that the EQC was not named in the petition; the Supreme Court of Wyoming, held that both the EQC and the DEQ were both proper parties to this proceeding under the Wyoming Environmental Quality Act, Wyo. Stat. Ann. § 35-11-101 through 35-11-1904 . Wyo. Outdoor Council v. Wyo. Dep't of Envtl. Quality, 2010 WY 20, 225 P.3d 1054, 2010 Wyo. LEXIS 21 (Wyo. 2010).

General permits. —

In an appeal involving the issuance of two general permits for the discharge of produced water from coal bed methane operations, the Department of Environmental Quality followed appropriate procedures when it issued the two general permits. The Supreme Court disagreed with the district court's ruling that general permits must be promulgated pursuant to the statutory procedures applicable to rulemaking. Wyo. Dep't of Envtl. Quality v. Wyo. Outdoor Council, 2012 WY 135, 286 P.3d 1045, 2012 Wyo. LEXIS 141 (Wyo. 2012),Wyo. Dep't of Envtl. Quality v. Wyo. Outdoor Council, 2012 WY 135, 286 P.3d 1045, 2012 Wyo. LEXIS 141 (Wyo. 2012).

Matter relating to interpretative rule not ripe. —

In a case seeking judicial review of the Wyoming Department of Health's provider bulletin, the bulletin was an interpretative rule because it lacked binding effect, and the Department had discretion to vary from the subordinate provisions of the bulletin; the matter was not ripe for review until it was applied or relied upon by the Department. Moreover, the issue was not ripe because the issues raised would not have evaded review based on the Department's inaction, and there was no harm suffered by the denial of judicial review Mt. Reg'l Servs. v. State ex rel. Dep't of Health, 2014 WY 69, 326 P.3d 182, 2014 Wyo. LEXIS 73 (Wyo. 2014).

Quoted in

In re Application for Certificate of Need by HCA Health Serv., 689 P.2d 108, 1984 Wyo. LEXIS 340 (Wyo. 1984); Billings v. Wyoming Bd. of Outfitters & Guides, 2001 WY 81, 30 P.3d 557, 2001 Wyo. LEXIS 94 (Wyo. 2001).

Cited in

Wyoming Coalition v. Wyoming Game & Fish Comm'n, 875 P.2d 729, 1994 Wyo. LEXIS 74 (Wyo. 1994); McLean v. Hyland Enters., Inc., 2001 WY 111, 34 P.3d 1262, 2001 Wyo. LEXIS 137 (Wyo. 2001); Laughter v. Bd. of County Comm'rs for Sweetwater County, 2005 WY 54, 2005 Wyo. LEXIS 60 , 110 P.3d 875 (2005).

Law reviews. —

For article, “Industrial Siting Legislation: The Wyoming Industrial Development Information and Siting Act — Advance or Retreat?” see XI Land & Water L. Rev. 27 (1976).

For comment, “Wyoming's Administrative Regulation Review Act,” see XIV Land & Water L. Rev. 189 (1979).

For article, “Administrative Regulation Review — Act II,” see XV Land & Water L. Rev. 207 (1980).

For article, “Administrative Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983).

For article, “A State Central Panel Hearing Officer System for Wyoming,” see XXI Land & Water L. Rev. 497 (1986).

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

Compliance with provision of Administrative Procedure Act, 5 USC § 553(d), providing that, with certain exceptions, required publication of a substantive rule must be made at least 30 days before its effective date, 54 ALR Fed 553.

Right to statement of reasons, under Administrative Procedure Act (5 USC § 555(e)), for denial of written application, petition, or other request of interested person made in connection with agency proceeding, 57 ALR Fed 765.

Environmental Protection Agency's classifications of air quality control regions under § 107(d)(2) of Clean Air Act (42 USC § 7407(d)(2)), 75 ALR Fed 328.

§ 16-3-104. Filing of copies of rules; permanent register; effective dates; manner of preparation; advice and assistance of attorney general.

1. Each agency shall file in the office of the registrar of rules a certified copy of each rule adopted by it as approved by the governor. State agencies shall file each rule within seventy-five (75) days of the date of agency action adopting the rule or it is not effective. There shall be noted upon the rule a citation of the authority by which it or any part of it was adopted. The registrar of rules shall keep a permanent register of the rules open to public inspection. Not more than ten (10) days after a state agency files a copy of a rule in the office of the registrar of rules, the agency shall mail a notice that the rule has been filed to each person who was sent a notice under W.S. 16-3-103(a)(i). The notice shall contain a citation to the rule and the date it was filed. Failure to send the notice required under this subsection does not affect the effectiveness of the rule.
2. Each rule and any amendment or repeal adopted after June 1, 1982 is effective after filing in accordance with subsection (a) of this section and W.S. 28-9-108 except:
   1. If a later date is required by statute or specified in the rule, the later date is the effective date;
   2. Where the agency finds that an emergency exists and the finding is concurred in by the governor, a rule or amendment or repeal may be effective immediately upon filing with the registrar of rules and if a state agency, also with the legislative service office. Existing rules remain in effect unless amended or repealed, subject to this section or W.S. 28-9-105 or 28-9-106 .
3. Rules shall be prepared in the manner and form prescribed by the state registrar of rules. The registrar of rules may refuse to accept for filing any rule that does not conform to the prescribed form.
4. The attorney general shall furnish advice and assistance to all state agencies in the preparation of their regulations, and in revising, codifying and editing existing or new regulations.

History. Laws 1965, ch. 108, § 4; W.S. 1957, § 9-276.22; Laws 1977, ch. 190, § 2; W.S. 1977, § 9-4-104 ; Laws 1982, ch. 16, § 1; ch. 62, § 3; 1985, ch. 57, § 1; 1997, ch. 85, § 1; 2003, ch. 139, § 1; 2004, ch. 75, § 1.

Cross references. —

As to exemption of promulgation of substantive rules and conduct of hearings of state board of parole from this chapter, except for filing of rules and regulations, see § 7-13-402(d).

The 2004 amendment, in (a), substituted “seventy-five (75) days” for “sixty (60) days,” and deleted the third sentence, which read “Except for emergency rules and rules adopted by the game and fish commission fixing general hunting or fishing regulations, season or bag limits or establishing hunting areas, no state agency shall file a rule in the office of the registrar of rules sooner than forty (40) days after filing the rule with the legislative service office pursuant to W.S. 28-9-103(b).”

Laws 2004, ch. 46, 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 5, 2004.

Prejudice may result from failure to adopt and file rules.—

A school board which terminates the employment of a continuing contract teacher may fail to show that the teacher is not prejudiced by the school district's failure to adopt rules of practice and file them as required by § 16-3-102 and this section. Monahan v. Board of Trustees, 486 P.2d 235, 1971 Wyo. LEXIS 226 (Wyo. 1971).

Stated in

Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Law reviews. —

For comment, “Wyoming's Administrative Regulation Review Act,” see XIV Land & Water L. Rev. 189 (1979).

For comment, “Wyoming's Governmental Claims Act: Sovereign Immunity with Exceptions — A Statutory Analysis,” see XV Land & Water L. Rev. 619 (1980).

For article, “Administrative Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983).

For article, “A State Central Panel Hearing Officer System for Wyoming,” see XXI Land & Water L. Rev. 497 (1986).

For case note, “EDUCATIONAL LAW — Wyoming Refuses to Recognize Compensatory Education as a Remedy Under the Education for All Handicapped Children Act of 1975. Natrona County School Dist. No. 1 v. McKnight, 764 P.2d 1039, 1988 Wyo. LEXIS 152 (Wyo. 1988),” see XXIV Land & Water L. Rev. 529 (1989).

§ 16-3-105. Compilation and indexing of administrative code; charges for copies; authentication by registrar.

1. The registrar of state agency rules shall compile, index and publish a Wyoming administrative code. The code shall:
   1. Contain each rule adopted by a state agency, but shall not contain emergency rules;
   2. Be compiled, numbered and indexed in a unified manner that permits the code to be easily amended and affords ease of use and accessibility to the public, including strong and effective word search capabilities;
   3. Be available to the public at no charge through the Internet;
   4. Be updated on the Internet as soon as practicable after the effective date of newly filed or amended rules.
2. The registrar of state agency rules may make a reasonable charge for any rules published except those furnished to state officers, agencies, members of the legislature or the legislative service office and others in the employment of the state and its political subdivisions requiring the rules in the performance of their duties. The registrar of local agency rules may make a reasonable charge for copies of any rule on file.
3. The registrar’s authenticated file stamp on a rule or publication of a rule shall raise a rebuttable presumption that the rule was adopted and filed in compliance with all requirements necessary to make it effective.
4. The registrar of state agency rules shall maintain and publish a current index of all state agency rules filed with the registrar. The index shall list the effective date of each set of rules or the effective date of each set of amendments to an agency’s rules. Copies of the index shall be distributed as provided by W.S. 16-3-105(b).

History. Laws 1965, ch. 108, § 5; W.S. 1957, § 9-276.23; Laws 1977, ch. 190, § 2; W.S. 1977, § 9-4-105 ; Laws 1982, ch. 16, § 1; ch. 62, § 3; 1983, ch. 17, § 1; 2014, ch. 62, § 1.

The 2014 amendment, effective July 1, 2014, in the introductory paragraph of (a), substituted “a Wyoming administrative code. The code shall” for “the rules adopted by each agency and remaining in effect,” and deleted the last sentence which read: “The compilation shall be supplemented or revised at least once every two (2) years”; added (a)(i) through (a)(iv); in the first sentence of (d), substituted “maintain and publish a current” for “annually compile and public an,” and deleted “as of December 31 of each year” at the end.

Supreme court takes judicial notice of state tax regulations. —

Where the rules and regulations of the state tax commission are not made a part of the record by the parties, the supreme court shall take judicial notice of them by obtaining certified copies from the secretary of state. Yeik v. Department of Revenue & Taxation, 595 P.2d 965, 1979 Wyo. LEXIS 427 (Wyo. 1979).

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

What rules, statements and interpretations adopted by federal agencies must be published, 77 ALR Fed 572.

§ 16-3-106. Petition for promulgation, amendment or repeal of rules.

Any interested person may petition an agency requesting the promulgation, amendment or repeal of any rule and may accompany his petition with relevant data, views and arguments. Each agency may prescribe by rule the form of the petition and the procedure for its submission, consideration and disposition. Upon submission of a petition, the agency as soon as practicable either shall deny the petition in writing (stating its reasons for the denials) or initiate rulemaking proceedings in accordance with W.S. 16-3-103 . The action of the agency in denying a petition is final and not subject to review.

History. Laws 1965, ch. 108, § 6; W.S. 1957, § 9-276.24; W.S. 1977, § 9-4-106 ; Laws 1982, ch. 62, § 3.

Due process rights not infringed by prohibition of water variances.—

Given the various means by which a corporation could present its views as to a water turbidity standard, including the opportunity to participate in the promulgation process and to assure that there is procedural compliance, the opportunity to obtain judicial review, if it is affected in fact by the rule adopted, and the opportunity to seek the amendment or repeal of the rule, the corporation's rights to procedural due process are not infringed by the prohibition of water variances under § 35-11-601(o). United States Steel Corp. v. Wyoming Envtl. Quality Council, 575 P.2d 749, 1978 Wyo. LEXIS 270 (Wyo. 1978).

Legislative intent to restrict judicial review is clear and convincing in this section. Tri-State Generation & Transmission Ass'n v. Environmental Quality Council, 590 P.2d 1324, 1979 Wyo. LEXIS 369 (Wyo. 1979).

Right of judicial review of administrative decisions is entirely statutory. United States Steel Corp. v. Wyoming Envtl. Quality Council, 575 P.2d 749, 1978 Wyo. LEXIS 270 (Wyo. 1978).

Challenges to state, federal rules determined under this section,not judicial review provision. —

Where a mother claiming Aid-to-Dependent-Children (AFCD) benefits contended that unless afforded a fair hearing she would have no forum in which to present challenges to the standard of need established by the department of health and social services; to the adoption of federal regulations in applying the Wyoming AFDC program without following the requirements for promulgation of the rules under the Wyoming statutes; and to the provisions in certain rules which she contended deny her an impartial decision maker, the district court correctly referred to this section, not § 16-3-114 , as the appropriate statutory procedure to treat with such issues. A fair hearing such as that which the mother sought is not the appropriate forum for resolving these questions. Walker v. Karpan, 726 P.2d 82, 1986 Wyo. LEXIS 615 (Wyo. 1986).

“Rare or uncommon” lands classified by regulation. —

The Environmental Quality Council (EQC) cannot, pursuant to § 35-11-112(a)(v), classify lands within the state as “very rare or uncommon” without adopting by regulation the criteria or factors that will establish a standard for such a classification. Such standards must be adopted pursuant to a regular rulemaking proceeding conducted in accordance with the Wyoming Administrative Procedure Act. Rissler & McMurray Co. v. Environmental Quality Council (In re Bessemer Mt.), 856 P.2d 450, 1993 Wyo. LEXIS 123 (Wyo. 1993).

Denial of petition to amend or repeal water standard not reviewable.—

The denial of a corporation's petition to amend or repeal a water turbidity standard after an informational hearing is not subject to judicial review. United States Steel Corp. v. Wyoming Envtl. Quality Council, 575 P.2d 749, 1978 Wyo. LEXIS 270 (Wyo. 1978).

Exhaustion of remedies. —

In property owners' dispute with respect to the State Engineer's and Board of Control's administration of permits in conjunction with the production of coal bed methane the property owners' could have sought relief through agency rulemaking before bringing a declaratory judgment action. William F. West Ranch, LLC v. Tyrrell, 2009 WY 62, 206 P.3d 722, 2009 Wyo. LEXIS 65 (Wyo. 2009).

Quoted in

Goedert ex rel. Wolfe v. State ex rel. Wyoming Workers' Safety & Comp. Div., 991 P.2d 1225, 1999 Wyo. LEXIS 175 (Wyo. 1999).

Law reviews. —

For article, “Fieldwide Unitization in Wyoming,” see VII Land & Water L. Rev. 433 (1972).

For article, “Administrative Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983).

§ 16-3-107. Contested cases; general procedure.

1. In any contested case, all parties shall be afforded an opportunity for hearing after reasonable notice served personally or by mail. Where the indispensable and necessary parties are composed of a large class, the notice shall be served upon a reasonable number thereof as representatives of the class or by giving notice by publication in the manner specified by the rules or an order of the agency.
2. The notice shall include a statement of:
   1. The time, place and nature of the hearing;
   2. The legal authority and jurisdiction under which the hearing is to be held;
   3. The particular sections of the statutes and rules involved;
   4. A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved, and thereafter upon application a more definite and detailed statement shall be furnished.
3. In all contested cases, depositions and discovery relating thereto, agencies shall have the authority to administer oaths and affirmations, subpoena witnesses and require the production of any books, papers or other documents relevant or material to the inquiry. In case of refusal to obey a subpoena issued by the agency in a contested case, deposition or discovery relating thereto, to any person, the district court for the district in which the hearing or deposition or other proceeding is being conducted, or for the district where the person may be served, may upon application by the agency issue to the person refusing to obey the subpoena an order requiring the person to show cause for the refusal or to appear before the agency or other person designated by it there to produce documentary evidence if so ordered or there to give evidence touching the matter in question. Any failure to show cause or obey the order of court may be punished by the court as a contempt thereof.
4. In all contested cases the agency shall as part of its rules of practice provide that the agency or one (1) of its presiding officers designated by it upon application of any party shall issue a subpoena requiring the appearance of witnesses for the purpose of taking evidence or requiring the production of any books, papers or other documents relevant or material to the inquiry.
5. The agency upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may quash or modify the subpoena if it is unreasonable and oppressive, or in the event issued pursuant to subsection (g) of this section may condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or tangible things.
6. If a subpoena issued pursuant to this section is disobeyed and if the agency fails to apply pursuant to subsection (c) of this section for enforcement any party may apply to the district court for the district having venue under subsection (c) of this section for enforcement pursuant to subsection (c) of this section.
7. In all contested cases the taking of depositions and discovery shall be available to the parties in accordance with the provisions of Rules 26, 28 through 37 (excepting Rule 37(b)(1) and 37(b)(2)(A)(vii) therefrom) of the Wyoming Rules of Civil Procedure in effect on the date of the enactment of this act and any subsequent rule amendments thereto. All references therein to the “court” shall be deemed to refer to the appropriate “agency”; all references to the use of the subpoena power shall be references to subsection (c) of this section; all references to “trial” shall be deemed references to “hearing”; all references to “plaintiff” shall be deemed references to “a party”. If a party or other witness refuses to be sworn or refuses to answer any question after being directed to do so by the agency in which the action is pending, the refusal to obey the agency order shall be enforced in the same manner as is provided in subsection (c) of this section.
8. Any agency which is a party to the contested case is subject to the discovery provisions of this section but neither the agency, nor any member, officer or employee shall be required to disclose information which is confidential or privileged under the law and no member of the presiding agency shall be compelled to testify or give a deposition in a contested case. Discovery sought from the agency initially shall be by written application. If the agency refuses to allow discovery in whole or in part the aggrieved party may apply to the presiding officer for an order compelling discovery. If the presiding officer fails or refuses to compel discovery, the aggrieved party may apply to the district court for the district in which the hearing, deposition or other proceeding is being or is to be conducted for an order directed to the agency compelling discovery. The presiding officer or district court shall enter such order as may be appropriate.
9. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved. Any person compelled to appear in person before any agency or representative thereof shall be accorded the right to be accompanied, represented and advised by counsel or, if permitted by the agency, by other qualified representative.
10. Every party shall be accorded the right to appear in person or by or with counsel or other duly qualified representative in any agency proceeding in accordance with such rules as the agency prescribes and the pertinent rules of the supreme court of Wyoming. So far as the orderly conduct of public business permits, any interested person may appear before any agency or its responsible officers or employees for the presentation, adjustment or determination of any issue, request or controversy in any proceeding (interlocutory, summary or otherwise) or in connection with any agency function. Every agency shall proceed with reasonable dispatch to conclude any matter presented to it except that due regard shall be had for the convenience and necessity of the parties or their representatives. Any person representing an agency at a hearing in a contested case in which the agency is a party shall not in the same case serve as presiding officer or provide ex parte advice regarding the case to the presiding officer or to the body or any member of the body comprising the decision makers.
11. No process, requirement of a report, inspection, or other investigative act or demand shall be issued, made or enforced in any manner or for any purpose except as authorized by law. Every person compelled to submit data or evidence is entitled to retain or, on payment of lawfully prescribed costs, procure a copy of a transcript thereof, except that in a nonpublic investigatory proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony.
12. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.
13. The record in a contested case must include:
    1. All formal or informal notices, pleadings, motions and intermediate rulings;
    2. Evidence received or considered including matters officially noticed;
    3. Questions and offers of proof, objections and rulings thereon;
    4. Any proposed findings and exceptions thereto;
    5. Any opinion, findings, decision or order of the agency and any report by the officer presiding at the hearing.
14. In all contested cases the proceeding including all testimony shall be reported verbatim stenographically or by any other appropriate means determined by the agency or the officer presiding at the hearing.
15. Oral proceedings or any part thereof shall be transcribed on request of any party upon payment of the cost thereof.
16. Findings of fact shall be based exclusively on the evidence and matters officially noticed.

History. Laws 1965, ch. 108, § 7; W.S. 1957, § 9-276.25; Laws 1974, ch. 7, § 1; W.S. 1977, § 9-4-107 ; Laws 1982, ch. 62, § 3; 1983, ch. 16, § 1; 1993, ch. 105, § 1; 2018, ch. 108, § 1.

The 2018 amendment, effective July 1, 2018, in (g), substituted “Rule 37 (b)(1) and 37(b)(2)(A)(vii)” for “Rule 37(b)(1) and 37(b)(2)(D)” preceding “therefrom.”

Editor's notes. —

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

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-3-101(b)(xi).

Vague and indefinite charges unconstitutional. —

For a contestant to have to defend against vague and indefinite charges is a denial of not only his rights under this section, but also a constitutional denial of due process. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Giving advice to board. —

In a case where the establishment of a private road was sought, a hearing officer did not violate this section by giving legal opinions or advice to a county board of commissioners because the board was not a party in this matter. Price Family Trust v. Hutchinson, 2014 WY 162, 340 P.3d 1002, 2014 Wyo. LEXIS 185 (Wyo. 2014).

Complete record to be kept. —

In a case where the establishment of a private road was sought, a final decision was not set aside due to malfunctioning audio equipment where the record included a transcript of testimony and other evidence submitted. It was not alleged or shown how having a full transcript of duplicate sessions of deliberations was critical to appellate review. Price Family Trust v. Hutchinson, 2014 WY 162, 340 P.3d 1002, 2014 Wyo. LEXIS 185 (Wyo. 2014).

Whatever puts party on inquiry amounts to constitutional “notice.” White v. Board of Trustees, 648 P.2d 528, 1982 Wyo. LEXIS 361 (Wyo. 1982), cert. denied, 459 U.S. 1107, 103 S. Ct. 732, 74 L. Ed. 2d 956, 1983 U.S. LEXIS 2894 (U.S. 1983).

Expeditious settlement of matters required of agencies. —

It is the duty of every agency controlled by this chapter to settle the matters before it as expediently as possible, with regard to maintaining a party's right to a full and fair hearing. Wyoming Bd. of Equalization v. State, 637 P.2d 248, 1981 Wyo. LEXIS 396 (Wyo. 1981).

Rule 15 (b), W.R.C.P. applicable to administrative proceeding. —

Rule 15(b), W.R.C.P., which pertains to amending the pleadings so that they conform to the evidence, is applicable to an administrative proceeding. White v. Board of Trustees, 648 P.2d 528, 1982 Wyo. LEXIS 361 (Wyo. 1982), cert. denied, 459 U.S. 1107, 103 S. Ct. 732, 74 L. Ed. 2d 956, 1983 U.S. LEXIS 2894 (U.S. 1983).

Failure to request continuance based on surprise precludes prejudice contention on appeal. —

Even if a party genuinely feels that he is surprised by the evidence, and it is not reflected in the charges, the failure to request a continuance on the ground of surprise precludes him from contending on appeal that he was prejudiced. White v. Board of Trustees, 648 P.2d 528, 1982 Wyo. LEXIS 361 (Wyo. 1982), cert. denied, 459 U.S. 1107, 103 S. Ct. 732, 74 L. Ed. 2d 956, 1983 U.S. LEXIS 2894 (U.S. 1983).

Failure to object waives right to present argument. —

Although subsection (j) of this section provides an opportunity for a party to present argument, a party's failure to assert its right to utilize that opportunity by objecting amounts to both a waiver and invited error. Pacific Power & Light v. Heermann, 872 P.2d 1171, 1994 Wyo. LEXIS 53 (Wyo. 1994).

Failure to make basic findings of fact. —

Medical Commission Hearing Panel's order denying the claimant workers' compensation benefits for gastrointestinal problems violated the Wyoming Administrative Procedures Act by failing to make basic findings of fact that supported its ultimate findings; the decision cited no evidence or medical opinions and made no basic findings to support its conclusion that the claimant's condition changed substantially after August 2002 or to explain the conclusion that had the narcotic pain medications been responsible for the esophageal stricture, it would have appeared earlier. Olivas v. State ex rel. Wyo. Workers' Safety & Comp. Div. (In re Workers Comp. Claim), 2006 WY 29, 130 P.3d 476, 2006 Wyo. LEXIS 31 (Wyo. 2006).

Concept of burden of proof recognized in administrative hearing. —

Although, with respect to the matter of burden of proof, no mention of it is made in this chapter, the concept of burden of proof has its place in an administrative proceeding. Pan Am. Petroleum Corp. v. Wyoming Oil & Gas Conservation Comm'n, 446 P.2d 550, 1968 Wyo. LEXIS 209 (Wyo. 1968).

Burden of proving arbitrary, illegal or fraudulent administrative action is on the complainant, and this burden includes not only clear presentation of the question but also placement of evidence in the record to sustain the complainant's position. Wyoming Bancorporation v. Bonham, 527 P.2d 432, 1974 Wyo. LEXIS 240 (Wyo. 1974).

Complete record to be kept. —

Both the Administrative Procedure Act and § 35-12-113 of the Industrial Development Information and Siting Act require the keeping of a complete record. Laramie River Conservation Council v. Dinger, 567 P.2d 731, 1977 Wyo. LEXIS 276 (Wyo. 1977).

Verbatim reporting requirement. —

An appeals court set aside an agency's action, findings, and conclusions where the agency violated the verbatim reporting requirements of subsection (p) of this section by failing to tape record a license revocation hearing after the licensee detrimentally relied on the agency's advance assurance that the hearing would be tape recorded. State Elec. Bd. v. Hansen, 928 P.2d 482, 1996 Wyo. LEXIS 184 (Wyo. 1996).

Board of county commissioners' public hearings did not become a de facto contested case “trial-type” proceeding, as defined in Wyo. Stat. Ann. § 16-3-101(b)(ii), necessitating a verbatim record under Wyo. Stat. Ann. § 16-3-107(p), because the board did not determine a legal right in its proceeding concerning a property owner's variance request. Gilbert v. Bd. of County Comm'rs, 2010 WY 68, 232 P.3d 17, 2010 Wyo. LEXIS 71 (Wyo. 2010).

Transcript of the proceeding must be made available to any party upon request and payment of costs. Laramie River Conservation Council v. Dinger, 567 P.2d 731, 1977 Wyo. LEXIS 276 (Wyo. 1977).

Fair hearing enjoyed where full participation by all parties. —

A mortgage insurance company enjoyed a fair hearing to determine whether the approval previously given to policies should be withdrawn where it participated to the extent that it deemed desirable without any attempt made to inhibit the testimony of witnesses or arguments of counsel, where all pertinent testimony was introduced and where the insurance commissioner participated patiently in hearing lengthy testimony. Mortgage Guar. Ins. Corp. v. Langdon, 634 P.2d 509, 1981 Wyo. LEXIS 375 (Wyo. 1981).

Full review of factual and legal issues. —

The department of family services rule that limits the issues in a contested hearing to a determination of whether the agency acted in accordance with the law or its own rules does not comply with this chapter because it prevents the department from conducting a full review of the factual issues at the contested hearing. JM v. Department of Family Servs., 922 P.2d 219, 1996 Wyo. LEXIS 118 (Wyo. 1996).

The Wyoming supreme court was unable to meaningfully review an order issued by the board of county commissioners of Teton County denying application for a grading permit that would have permitted the construction of a driveway, because the board's hearing was conducted as a legislative hearing and the final order contained only a single conclusion with no findings as to the underlying facts. Frankel v. Bd. of County Comm'rs, 2002 WY 13, 39 P.3d 420, 2002 Wyo. LEXIS 11 (Wyo. 2002).

Violation where notice and participation denied. —

The state board of equalization violated a taxpayer's procedural due process rights and its rights under the statute when it addressed the factual issues regarding the propriety of the taxpayer's allocation of production without giving the taxpayer notice of its intent to consider the issues and an opportunity to present evidence and argument in support of its position. Amoco Prod. Co. v. Wyoming State Bd. of Equalization, 7 P.3d 900, 2000 Wyo. LEXIS 160 (Wyo. 2000), reh'g denied, 2000 Wyo. LEXIS 177 (Wyo. Aug. 3, 2000).

Violation where participation denied. —

In a contested case proceeding, the State Board of Equalization violated the natural gas processing and production company's procedural due process rights in an administrative proceeding by depriving the company of an opportunity to participate. The board remanded the case to the department of revenue for adoption of a more determinative formula for computation of comparable value based upon reasonable inferences from third-party natural gas processing fees without allowing the company to participate. Because the formula depended upon factual ascertainment in order to properly compute those taxes, the nonparticipating company was deprived of its due process rights. Amoco Prod. Co. v. Wyoming State Bd. of Equalization, 882 P.2d 866, 1994 Wyo. LEXIS 115 (Wyo. 1994).

Applicability where weapon permit denied. —

Neither the concealed weapon statute nor the Administrative Procedures Act contains a requirement for a hearing where an application for a concealed weapon permit is denied. The concealed weapon statute allows an aggrieved applicant the opportunity to rebut the department of criminal investigation's findings and conclusions through a request for reconsideration. The Administrative Procedures Act requires only a hearing for contested cases where legal rights exist which are to be determined after an opportunity for a trial-type rehearing. The defendant failed to identify any such right. King v. Wyo. Div. of Crim. Investigation, 2004 WY 52, 89 P.3d 341, 2004 Wyo. LEXIS 63 (Wyo. 2004).

Administrative hearing not inherently flawed by double-agency presence. —

Absent on-the-record demonstration of prejudice of some sort or that ex parte influence was unduly exercised, an administrative hearing wherein both the prosecutor and hearing officer came from the same state agency is not fatally flawed per se. State Transp. Comm'n v. Ford, 844 P.2d 496, 1992 Wyo. LEXIS 208 (Wyo. 1992).

Department of revenue and taxation is not required to appear either personally or through an attorney in an implied consent driver's license suspension hearing. It may submit its case by certified record on the refusal form given to the licensee at the time of his arrest. Drake v. State, 751 P.2d 1319, 1988 Wyo. LEXIS 35 (Wyo. 1988).

Appearance of impropriety. —

The contacts between the board of medicine and its attorney violated subsection (k) and contributed to the overall appearance of unfairness regarding the proceedings. Painter v. Abels, 998 P.2d 931, 2000 Wyo. LEXIS 42 (Wyo. 2000).

Proper method to enforce taking of deposition. —

The provision of subsection (c) for judicial enforcement of a subpoena justifies the enforcement of a subpoena only, and nothing else, including a notice of deposition, may be the subject of an enforcement proceeding in the district court. The proper method for initiating an enforceable effort to take a deposition is for the agency to issue a subpoena to the witness. Then, and only then, if the witness does not appear or refuses to testify, the agency may invoke the assistance of the judicial branch of government in the enforcement proceeding. In re Contempt Order Issued Against Anderson, 765 P.2d 933, 1988 Wyo. LEXIS 177 (Wyo. 1988).

Proper procedure to challenge discovery decision. —

The proper procedure to challenge a refusal by the presiding officer to allow discovery is to apply to the district court rather than to wait until the matter is decided and then raise discovery as an issue on appeal. Dorr v. State Bd., 2001 WY 37, 21 P.3d 735, 2001 Wyo. LEXIS 46 (Wyo. 2001).

Basis for findings. —

In determining whether to grant a conditional use permit to allow for off-street parking in a high-density residential zone, information regarding traffic in the area was not information of which the court could take official notice where it was not based on: (1) cognizable facts in the formal evidence of the case, or (2) technical or scientific facts within the commission's specialized knowledge. Heiss v. City of Casper Planning & Zoning Comm'n, 941 P.2d 27, 1997 Wyo. LEXIS 90 (Wyo. 1997).

Contract used as evidence to support findings. —

An administrative agency, while prohibited from settling or adjudicating rights under a contract, may use a contract as evidence to support its findings or to refute a party's position. The agency's interpretation of the contract will be subject to judicial review if a party claims error. Preferred Energy Properties v. Wyoming State Bd. of Equalization, 890 P.2d 1110, 1995 Wyo. LEXIS 29 (Wyo. 1995).

Purpose in minds of legislators when they included “any proposed findings” in record was that it is by this vehicle that an appellant can frame issues clearly, specifically and precisely, and thereafter cast upon the administrative body the burden of the specific issue he deems decisive. Wyoming Bancorporation v. Bonham, 527 P.2d 432, 1974 Wyo. LEXIS 240 (Wyo. 1974).

Employee's testimony improperly limited. —

Wyoming Medical Commission erred under Wyo. Stat. Ann. § 16-3-107(j) in limiting an employee's testimony to matters not discussed in a discovery deposition taken by the Wyoming Workers' Safety and Compensation Division; by failing to object, however, the employee waived the right to appeal the issue. Morris v. State Ex Rel. Wyo. Workers' Safety & Comp. Div., 2012 WY 71, 276 P.3d 399, 2012 Wyo. LEXIS 74 (May 22, 2012).

Mayor authorized to summarily discharge police chief. —

The mayor of Newcastle had the authority under the law to discharge the chief of police without council approval and without a hearing. Carlson v. Bratton, 681 P.2d 1333, 1984 Wyo. LEXIS 291 (Wyo. 1984).

Substantial evidence to support termination. —

There was substantial evidence to support the personnel commission's decision that an employee was not wrongfully terminated and was not deprived of due process, as he obviously had notice that the city was referring to personal e-mails the employee sent to his wife when it referred, in its notice of termination, to non-work related activities being performed during work hours. Davis v. City of Cheyenne, 2004 WY 43, 88 P.3d 481, 2004 Wyo. LEXIS 51 (Wyo. 2004), reh'g denied, 2004 Wyo. LEXIS 67 (Wyo. May 18, 2004).

Notice and hearing afforded. —

Licensee afforded notice and an opportunity to be heard. Roush v. Pari-Mutuel Comm'n, 917 P.2d 1133, 1996 Wyo. LEXIS 80 (Wyo. 1996).

Court review of disciplinary suspension. —

The district court has jurisdiction to review the disciplinary suspension of a police officer where the rules and regulations of the police department's civil service commission provide that an officer may petition the commission for a hearing upon discharge, or reduction of classification or compensation, the commission grants a hearing to the officer as though he has been reduced in compensation, and the rules then provide that the contested-case proceedings of the Wyoming Administrative Procedure Act must be following. Keslar v. Police Civil Serv. Comm'n, 665 P.2d 937, 1983 Wyo. LEXIS 342 (Wyo. 1983).

Applied in

C F & I Steel Corp. v. State Bd. of Equalization, 492 P.2d 529, 1972 Wyo. LEXIS 215 (Wyo. 1972); Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976); Board of County Comm'rs v. Teton County Youth Servs., Inc., 652 P.2d 400, 1982 Wyo. LEXIS 393 (Wyo. 1982); Gold v. Board of County Comm'rs, 658 P.2d 690, 1983 Wyo. LEXIS 279 (Wyo. 1983); Lentsch v. Marshall, 741 F.2d 301, 1984 U.S. App. LEXIS 19631 (10th Cir. 1984); Employment Sec. Comm'n v. Bryant, 704 P.2d 1311, 1985 Wyo. LEXIS 546 (Wyo. 1985); Foster's Inc. v. City of Laramie, 718 P.2d 868, 1986 Wyo. LEXIS 541 (Wyo. 1986); Hooten v. State, Dep't of Revenue & Taxation, 751 P.2d 1323, 1988 Wyo. LEXIS 34 (Wyo. 1988); Montana Dakota Utils. Co. v. Public Serv. Comm'n, 847 P.2d 978, 1993 Wyo. LEXIS 30 (Wyo. 1993); Wesaw v. Quality Maintenance, 2001 WY 17, 19 P.3d 500, 2001 Wyo. LEXIS 19 (Wyo. 2001).

Quoted in

Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983); Campbell County v. Wyoming Community College Comm'n, 731 P.2d 1174, 1987 Wyo. LEXIS 388 (Wyo. 1987); Teton Valley Ranch v. State Bd. of Equalization, 735 P.2d 107, 1987 Wyo. LEXIS 429 (Wyo. 1987); Lucero v. Mathews, 901 P.2d 1115, 1995 Wyo. LEXIS 156 (Wyo. 1995); Weaver v. Cost Cutters, 953 P.2d 851, 1998 Wyo. LEXIS 18 (Wyo. 1998).

Stated in

In re Application for Certificate of Need by HCA Health Serv., 689 P.2d 108, 1984 Wyo. LEXIS 340 (Wyo. 1984).

Cited in

Wheatland Irrigation Dist. v. Pioneer Canal Co., 464 P.2d 533, 1970 Wyo. LEXIS 150 (Wyo. 1970); Shenefield v. Sheridan County Sch. Dist., 544 P.2d 870, 1976 Wyo. LEXIS 160 (Wyo. 1976); Ebzery v. City of Sheridan, 982 P.2d 1251, 1999 Wyo. LEXIS 107 (Wyo. 1999); Ireland v. State ex rel. Wyoming Workers' Comp. Div., 998 P.2d 398, 2000 Wyo. LEXIS 43 (Wyo. 2000); RT Communs., Inc. v. PSC, 2003 WY 145, 79 P.3d 36, 2003 Wyo. LEXIS 175 (Wyo. 2003); Laughter v. Bd. of County Comm'rs for Sweetwater County, 2005 WY 54, 2005 Wyo. LEXIS 60 , 110 P.3d 875 (2005); Wyo. Dep't of Revenue v. Guthrie, 2005 WY 79, 115 P.3d 1086, 2005 Wyo. LEXIS 93 (2005); Tarraferro v. State ex rel. Wyo. Med. Comm'n., 2005 WY 155, 123 P.3d 912, 2005 Wyo. LEXIS 182 (2005); Decker v. State ex rel. Wyo. Med. Comm'n, 2005 WY 160, 124 P.3d 686, 2005 Wyo. LEXIS 189 (2005); Bd. of Trs. Fremont County Sch. Dist. #25 v. BM, 2006 WY 23, 129 P.3d 317, 2006 Wyo. LEXIS 26 (Wyo. Mar. 7, 2006).

Law reviews. —

For article, “Industrial Siting Legislation: The Wyoming Industrial Development Information and Siting Act — Advance or Retreat?” see XI Land & Water L. Rev. 27 (1976).

For comment on Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976), see XII Land & Water L. Rev. 327 (1977).

For article, “Administrative Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983).

For comment, “Education for Handicapped Children in Wyoming: What Constitutes a Free Appropriate Public Education and Other Administrative Hurdles,” see XIX Land & Water L. Rev. 225 (1984).

For article, “A State Central Panel Hearing Officer System for Wyoming,” see XXI Land & Water L. Rev. 497 (1986).

For article, “A Critical Look at Wyoming Water Law,” see XXIV Land & Water L. Rev. 307 (1989).

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

Privilege as to communications between lay representative in judicial or administrative proceedings and client, 31 ALR4th 1226.

Right to statement of reasons, under Administrative Procedure Act (5 USC § 555(e)), for denial of written application, petition, or other request of interested person made in connection with agency proceeding, 57 ALR Fed 765.

Authority of federal agency to spend public funds to reimburse expenses of qualified participants in its proceedings, 62 ALR Fed 849.

§ 16-3-108. Contested cases; admissible evidence; cross-examination; judicial notice.

1. In contested cases irrelevant, immaterial or unduly repetitious evidence shall be excluded and no sanction shall be imposed or order issued except upon consideration of the whole record or such portion thereof as may be cited by any party and unless supported by the type of evidence commonly relied upon by reasonably prudent men in the conduct of their serious affairs. Agencies shall give effect to the rules of privilege recognized by law. Subject to these requirements and agency rule if the interests of the parties will not be prejudiced substantially testimony may be received in written form subject to the right of cross-examination as provided in subsection (c) of this section.
2. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given opportunity to compare the copy with the original.
3. A party may conduct cross-examinations required for a full and true disclosure of the facts and a party is entitled to confront all opposing witnesses.
4. Notice may be taken of judicially cognizable facts. In addition notice may be taken of technical or scientific facts within the agency’s specialized knowledge or of information, data and material included within the agency’s files. The parties shall be notified either before or during the hearing or after the hearing but before the agency decision of material facts noticed, and they shall be afforded an opportunity to contest the facts noticed.

History. Laws 1965, ch. 108, § 8; W.S. 1957, § 9-276.26; W.S. 1977, § 9-4-108 ; Laws 1982, ch. 62, § 3.

Work history admissible. —

Wyoming Workers' Safety and Compensation Division properly admitted two exhibits related to the claimant's work history as the evidence was relevant in determining what caused his knee problems and whether they were work related. Johnson v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2014 WY 33, 321 P.3d 318, 2014 Wyo. LEXIS 33 (Wyo. 2014).

Anonymous letter not admissible. —

Wyoming Workers' Safety and Compensation Division erred in admitting an anonymous letter stating that the claimant was taking advantage of the workers' compensation system where the only rationale for admitting the letter was that it was in the Division's file. Johnson v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2014 WY 33, 321 P.3d 318, 2014 Wyo. LEXIS 33 (Wyo. 2014).

Admission of inadmissible evidence not reversible. —

Wyoming Workers' Safety and Compensation Division's error in admitting an anonymous letter was not reversible where the Division had not relied upon it in denying the claim. Johnson v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2014 WY 33, 321 P.3d 318, 2014 Wyo. LEXIS 33 (Wyo. 2014).

Rules of evidence. —

A hearing examiner in a worker's compensation hearing is not bound by the Wyoming Rules of Evidence, and the decision regarding admissibility of evidence is committed to the sound discretion of the hearing examiner who abuses that discretion when his decision shocks the conscience of the court. Everheart v. S & L Indus. (In re Everheart), 957 P.2d 847, 1998 Wyo. LEXIS 64 (Wyo. 1998).

Hearsay admissible. —

Hearsay that is otherwise admissible under subsection (a), and that is probative, trustworthy and credible may be received in evidence at an agency hearing. Story v. Wyoming State Bd. of Medical Examiners, 721 P.2d 1013, 1986 Wyo. LEXIS 573 (Wyo. 1986).

Hearsay evidence is admissible in an administrative proceeding if it satisfies the requirements of this section and is probative, trustworthy and credible. State ex rel. Wyoming Workers' Compensation Div. v. Rivera, 796 P.2d 447, 1990 Wyo. LEXIS 87 (Wyo. 1990); Goddard v. Colonel Bozeman's Restaurant, 914 P.2d 1233, 1996 Wyo. LEXIS 63 (Wyo. 1996); Clark v. State ex rel. Wyoming Workers' Safety & Compensation Div., 968 P.2d 436, 1998 Wyo. LEXIS 165 (Wyo. 1998).

Although a broad range of informal evidence, including hearsay, is admissible in a worker's compensation hearing, any offered evidence must be probative, trustworthy, and credible. Lunde v. State ex rel. Wyoming Workers' Compensation Div., 6 P.3d 1256, 2000 Wyo. LEXIS 135 (Wyo. 2000).

The Wyoming office of administrative hearings is entitled to consider the type of evidence commonly relied upon by reasonably prudent men in the conduct of their serious affairs pursuant to Wyo. Stat. Ann. § 16-3-108(a); while it may be proper to consider statements from an anonymous source, that evidence alone can not serve as the basis for a reasonable decision. Gray v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2008 WY 115, 193 P.3d 246, 2008 Wyo. LEXIS 120 (Oct. 3, 2008).

Excluding hearsay testimony not abuse of discretion. —

Hearing examiner in workers' compensation proceeding did not abuse her discretion by excluding hearsay testimony where former manager's statements to employee about employer's policy on work-related injuries were irrelevant and immaterial, and where employee testified she was aware that she could apply for workers' compensation benefits and no one told her not to file a workers' compensation claim, and therefore there was no basis to estop the workers' safety and compensation division from denying employee's claim. Clark v. State ex rel. Wyoming Workers' Safety & Compensation Div., 968 P.2d 436, 1998 Wyo. LEXIS 165 (Wyo. 1998).

Hearing examiner properly excluded the workers' compensation claimant's proposed testimony regarding statements alleged to have been made by one of his doctors because the testimony was not helpful or trustworthy. Trump v. State, 2013 WY 140, 312 P.3d 802, 2013 Wyo. LEXIS 146 (Wyo. 2013).

Expert testimony not required in tax cases. —

Expert testimony is not required in tax cases; substantial evidence supports agencies' findings when proper and sufficient testimony has been presented through qualified employees. Thunder Basin Coal Co. v. Wyoming State Bd. of Equalization, 896 P.2d 1336, 1995 Wyo. LEXIS 96 (Wyo. 1995), reh'g denied, 1995 Wyo. LEXIS 113 (Wyo. June 29, 1995).

Party-opponent's admission admissible. —

Deputy clerk's testimony, which was not hearsay because it was an admission by a party-opponent, was admissible, where there was no showing that the testimony was irrelevant, immaterial or unduly repetitious. State ex rel. Wyoming Workers' Compensation Div. v. Rivera, 796 P.2d 447, 1990 Wyo. LEXIS 87 (Wyo. 1990).

Written medical report was admissible in worker's compensation hearing where opposing counsel had notice of the report, had a copy of the report, was afforded the opportunity to cross-examine the doctor who prepared the report and, after insisting upon the opportunity to cross-examine, waived that opportunity at the close of the hearing by failing to exercise it. Hansen v. MR. D's Food Ctr., 827 P.2d 371, 1992 Wyo. LEXIS 31 (Wyo. 1992).

In-person testimony. —

The hearing examiner did not abuse her discretion when she rendered her decision to deny employee's claim for worker's compensation benefits without having the benefit of in-person testimony. Everheart v. S & L Indus. (In re Everheart), 957 P.2d 847, 1998 Wyo. LEXIS 64 (Wyo. 1998).

Wyoming Medical Commission erred in limiting an employee's testimony to matters not discussed in a discovery deposition; if the hearing officer desired to limit the taking of evidence to save time and avoid redundancy under Wyo. Stat. Ann. § 16-3-108(a), the evidence restricted should have been the deposition testimony, in favor of the live testimony. Morris v. State Ex Rel. Wyo. Workers' Safety & Comp. Div., 2012 WY 71, 276 P.3d 399, 2012 Wyo. LEXIS 74 (May 22, 2012).

Testimony by department of revenue employees. —

Where the department of revenue presented testimony from department of revenue employees and from department of audit employees to support an additional assessment of taxes, that evidence was competent, and it was sufficient to support the state board of equalization's decision. Thunder Basin Coal Co. v. Wyoming State Bd. of Equalization, 896 P.2d 1336, 1995 Wyo. LEXIS 96 (Wyo. 1995), reh'g denied, 1995 Wyo. LEXIS 113 (Wyo. June 29, 1995).

Dated character evidence admissible. —

Wyoming Board of Chiropractic Examiners did not err in allowing a non-complaining witness to testify about his conduct during her treatment which occurred over 20 years prior because the testimony was not immaterial, irrelevant, unduly repetitious and the Board was not required to exclude it for any of the reasons contained in this section. Greene v. State ex rel. Wyo. Bd. of Chiropractic Examiners, 2009 WY 42, 204 P.3d 285, 2009 Wyo. LEXIS 42 (Wyo. 2009).

Evidence properly disallowed as irrelevant and unduly repetitious. —

See Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983).

Pursuant to review under Wyo. R. App. P. 12.09(a) and Wyo. Stat. Ann. § 16-3-114(c), there was substantial evidence supported a claimant's award of unemployment insurance benefits because irrelevant evidence of an alleged conspiracy was properly excluded under Wyo. Stat. Ann. § 16-3-108(a) and claimant's conduct was determined to be ordinary negligence in an isolated instance and not misconduct under Wyo. Stat. Ann. § 27-3-311(f). Further, the hearing officer complied with Wyo. Stat. Ann. § 16-3-112(a) to provide the claimant's former employer with a fair and impartial hearing. Aspen Ridge Law Offices, P.C. v. Wyo. Dep't of Empl., 2006 WY 129, 143 P.3d 911, 2006 Wyo. LEXIS 142 (Wyo. 2006).

Information regarding traffic not admissible. —

In determining whether to grant a conditional use permit to allow for off-street parking in a high-density residential zone, information regarding traffic in the area was not information of which the court could take official notice where it was not based on: (1) cognizable facts in the formal evidence of the case, or (2) technical or scientific facts within the commission's specialized knowledge. Heiss v. City of Casper Planning & Zoning Comm'n, 941 P.2d 27, 1997 Wyo. LEXIS 90 (Wyo. 1997).

Judicial notice well defined. —

The area of judicial notice available in administrative proceedings has been well and closely defined by subsection (d). Wyoming Bancorporation v. Bonham, 527 P.2d 432, 1974 Wyo. LEXIS 240 (Wyo. 1974).

Taking judicial notice was improper. —

Medical Commission Hearing Panel's order denying a claimant worker's compensation benefits for gastrointestinal problems violated the Wyoming Administrative Procedures Act by improperly taking judicial notice of the etiology of a Schatzki's ring, which was a contested fact. The Panel also failed to provide the parties with notice of the material facts noticed or allow the parties an opportunity to contest the facts. Olivas v. State ex rel. Wyo. Workers' Safety & Comp. Div. (In re Workers Comp. Claim), 2006 WY 29, 130 P.3d 476, 2006 Wyo. LEXIS 31 (Wyo. 2006).

Notice of administrative files permitted. —

The rules, statutes and case law permit agencies to take official notice of their administrative files. In re Campbell County, 731 P.2d 1174, 1987 Wyo. LEXIS 388 (Wyo. 1987).

A hearing examiner could take judicial notice of interrogatories and the answers thereto without informing the workers' compensation claimant because those materials were part of the agency's files. Pederson v. State ex rel. Wyoming Workers' Compensation Div., 939 P.2d 740, 1997 Wyo. LEXIS 92 (Wyo. 1997).

Applied in

Lentsch v. Marshall, 741 F.2d 301, 1984 U.S. App. LEXIS 19631 (10th Cir. 1984); Casper Oil Co. v. Evenson, 888 P.2d 221, 1995 Wyo. LEXIS 6 (Wyo. 1995); Naibauer v. Board of Platte County Comm'rs, 895 P.2d 445, 1995 Wyo. LEXIS 75 (Wyo. 1995); Amax Coal W., Inc. v. Wyoming State Bd. of Equalization, 896 P.2d 1329, 1995 Wyo. LEXIS 93 (Wyo. 1995); Roush v. Pari-Mutuel Comm'n, 917 P.2d 1133, 1996 Wyo. LEXIS 80 , 59 A.L.R.5th 803 (Wyo. 1996).

Quoted in

Associated Enters., Inc. v. Toltec Watershed Imp. Dist., 578 P.2d 1359, 1978 Wyo. LEXIS 293 (Wyo. 1978); Gulf Oil Corp. v. Wyoming Oil & Gas Conservation Comm'n, 693 P.2d 227, 1985 Wyo. LEXIS 422 (Wyo. 1985); Thornberg v. State ex rel. Wyo. Workers' Comp. Div., 913 P.2d 863, 1996 Wyo. LEXIS 49 (Wyo. 1996); Smith v. State ex rel. DOT, 11 P.3d 931, 2000 Wyo. LEXIS 202 (Wyo. 2000); Hayes v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2013 WY 96, 307 P.3d 843, 2013 Wyo. LEXIS 101 (Aug 13, 2013).

Cited in

Pan Am. Petroleum Corp. v. Wyoming Oil & Gas Conservation Comm'n, 446 P.2d 550, 1968 Wyo. LEXIS 209 (Wyo. 1968); Baros v. State ex rel. Wyo. Workers' Comp. Div., 834 P.2d 1143, 1992 Wyo. LEXIS 89 (Wyo. 1992); Mayland v. Flitner, 2001 WY 69, 28 P.3d 838, 2001 Wyo. LEXIS 84 (Wyo. 2001); RT Communs., Inc. v. PSC, 2003 WY 145, 79 P.3d 36, 2003 Wyo. LEXIS 175 (Wyo. 2003); Tarraferro v. State ex rel. Wyo. Med. Comm'n., 2005 WY 155, 123 P.3d 912, 2005 Wyo. LEXIS 182 (2005).

Relevant evidence admissible. —

Evidence as to a sediment retention pond on a storm-water collection facility's property and the facility's building a road for the landowners' use to access their property over the facility's property was admissible because it did not violate any portion of the appellate court's prior mandate in the case and was relevant to issues that a board of county commissioners had to resolve to rationally and justly decide the case. Zowada v. Mullinax Concrete Serv. Co., 2014 WY 121, 335 P.3d 455, 2014 Wyo. LEXIS 137 (Wyo. 2014).

Law reviews. —

For article, “Industrial Siting Legislation: The Wyoming Industrial Development Information and Siting Act — Advance or Retreat?” see XI Land & Water L. Rev. 27 (1976).

For article, “A State Central Panel Hearing Officer System for Wyoming,” see XXI Land & Water L. Rev. 497 (1986).

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

What constitutes “adjudicative facts” within meaning of Rule 201 of Federal Rules of Evidence concerning judicial notice of adjudicative facts, 150 ALR Fed 543.

§ 16-3-109. Contested cases; consideration of record; exceptions to decision; briefs and oral argument.

The agency shall consider the whole record or any portion stipulated to by the parties. In the event a recommended decision is rendered all parties shall be afforded a reasonable opportunity to file exceptions thereto which shall be deemed a part of the record. All parties as a matter of right shall be permitted to file a brief with the agency and oral argument shall be allowed in the discretion of the agency.

History. Laws 1965, ch. 108, § 9; W.S. 1957, § 9-276.27; W.S. 1977, § 9-4-109; Laws 1982, ch. 62, § 3.

School board's review of the whole record. —

Although a school board's decision terminating a teacher was required to be based on consideration of the entire record received by a hearing officer, pursuant to Wyo. Stat. Ann. § 16-3-109 and Wyo. Stat. Ann. § 21-7-110 , there was no statutory or due process requirement that the school board personally and independently review the evidentiary record. Wadsworth v. Bd. of Trs. Sch. Dist. No. Two, 2014 WY 7, 316 P.3d 541, 2014 Wyo. LEXIS 6 (Wyo. 2014).

Applied in

Employment Sec. Comm'n v. Bryant, 704 P.2d 1311, 1985 Wyo. LEXIS 546 (Wyo. 1985).

Law reviews. —

For article, “A State Central Panel Hearing Officer System for Wyoming,” see XXI Land & Water L. Rev. 497 (1986).

§ 16-3-110. Contested cases; final decision; contents; notification.

A final decision or order adverse to a party in a contested case shall be in writing or dictated into the record. The final decision shall include findings of fact and conclusions of law separately stated. Findings of fact if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Parties shall be notified either personally or by mail of any decision or order. A copy of the decision and order shall be delivered or mailed forthwith to each party or to his attorney of record.

History. Laws 1965, ch. 108, § 10; W.S. 1957, § 9-276.28; W.S. 1977, § 9-4-110; Laws 1982, ch. 62, § 3.

There must be some finality in administrative proceedings, as in judicial proceedings. Wyoming Bancorporation v. Bonham, 527 P.2d 432, 1974 Wyo. LEXIS 240 (Wyo. 1974).

Administrative agencies must make sufficiently detailed findings to support their finding of ultimate facts or conclusions; failure to do so subjects the finding to attack as being arbitrary, capricious and contrary to law. Mountain Fuel Supply Co. v. Public Serv. Comm'n, 662 P.2d 878, 1983 Wyo. LEXIS 312 (Wyo. 1983).

In discharging its duty under this section, the agency must make findings of basic facts upon all of the material issues in the proceeding and upon which its ultimate findings of fact or conclusions are based. Mayland v. Flitner, 2001 WY 69, 28 P.3d 838, 2001 Wyo. LEXIS 84 (Wyo. 2001).

Duty of agency to make findings of fact and conclusions of law separately stated. —

To aid a reviewing court in the performance of the limited functions assigned to it by § 16-3-114(c), and particularly with reference to technical factual issues which must be resolved, this section wisely requires an agency in a contested case to include in its final decision findings of fact and conclusions of law separately stated. Such a requirement imposes upon an agency the duty to make findings of basic facts upon all of the material issues in the proceeding and upon which its ultimate findings of fact or conclusions are based. Unless that is done, there is no rational basis for judicial review. Pan Am. Petroleum Corp. v. Wyoming Oil & Gas Conservation Comm'n, 446 P.2d 550, 1968 Wyo. LEXIS 209 (Wyo. 1968); Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976); Larsen v. Oil & Gas Conservation Comm'n, 569 P.2d 87, 1977 Wyo. LEXIS 316 (Wyo. 1977); Foremost Life Ins. Co. v. Langdon, 633 P.2d 938, 1981 Wyo. LEXIS 371 (Wyo. 1981).

The basic findings of fact must be made on all material issues and ultimate facts. In re Campbell County, 731 P.2d 1174, 1987 Wyo. LEXIS 388 (Wyo. 1987).

This section requires findings of basic facts upon all of the material issues in the proceeding and upon which the ultimate findings of fact or conclusions are based. Each ultimate fact or conclusion is to be thoroughly explained in order for the reviewing court to determine the basis upon which the ultimate fact or conclusion was reached. Without compliance with this provision, there can be no rational basis for judicial review. FMC v. Lane, 773 P.2d 163, 1989 Wyo. LEXIS 118 (Wyo. 1989).

Where administrative hearing officer failed to include findings of fact and conclusions of law in his order denying attorney part of her requested fees in contested case relating to employee's application for disability benefits, supreme court could not accomplish meaningful review, requiring reversal and remand for hearing and development of adequate record. Cargile v. State ex rel. Wyoming Workers' Safety & Compensation Div. (In re Cargile), 965 P.2d 666, 1998 Wyo. LEXIS 135 (Wyo.), op. withdrawn, Pendelton v. State, 966 P.2d 951, 1998 Wyo. LEXIS 134 (Wyo. 1998).

Agency is required to make findings of basic facts upon all material issues in proceeding and upon which its ultimate findings of fact or conclusions are based. Scott v. McTiernan, 974 P.2d 966, 1999 Wyo. LEXIS 32 (Wyo. 1999), reh'g denied, 1999 Wyo. LEXIS 49 (Wyo. Apr. 27, 1999).

Although hearing examiner's order was sparse and did not have separate headings for findings of fact and conclusions of law, it was sufficient to meet requirements of this section and provide court with a basis for review, where it listed pertinent facts and legal reasoning supporting denial of attorneys' fees. Whiteman v. Wyoming Workers' Safety & Compensation Div., 984 P.2d 1079, 1999 Wyo. LEXIS 71 (Wyo. 1999).

Medical commission hearing panel was obligated to include in its order the findings upon which it based its denial of an increased physical impairment rating to the employee, which included findings regarding the issue of causation with regard to each medical condition the employee put at issue. Himes v. Petro Eng. & Constr. (In re Workers Comp. Claim), 2003 WY 5, 61 P.3d 393, 2003 Wyo. LEXIS 6 (Wyo. 2003).

Agency order revoking an automobile dealer's license did not contain sufficient factual findings, as required by this section, for the court to understand the basis for the conclusion that the dealer's violations warranted revocation of its license, rather than a suspension or some other lesser punishment; the matter was thus remanded. State ex rel. DOT v. Legarda, 2003 WY 130, 77 P.3d 708, 2003 Wyo. LEXIS 159 (Wyo. 2003).

Wyoming Medical Commission Hearing Panel's order denying the employee workers' compensation benefits was facially insufficient to permit appellate review under Wyo. Stat. Ann. § 16-3-110 as the order contained no indication the Commission considered and weighed all material evidence; specifically, there was no explanation how it weighed conflicting medical opinions. Decker v. State ex rel. Wyo. Med. Comm'n, 2005 WY 160, 124 P.3d 686, 2005 Wyo. LEXIS 189 (Wyo. 2005).

Suspension of a driver's license for failing to submit to a breath test was affirmed where the Office of Administrative Hearings' order set forth findings of fact sufficient to establish that probable cause existed; the signed statement of a deputy who had arrested the driver set forth his observations of the driver, including: (1) the driver's pickup truck appeared to have run off the road; (2) the driver walked with a staggered gait, his speech was slurred, and his breath smelled of alcohol; (3) the driver admitted to having consumed several shots of whisky and some beer, the last of which he consumed only 15 minutes before the deputy arrived; (4) the driver was able to successfully perform only one of five field sobriety tests; and (5) the driver refused to submit to chemical testing. Bradshaw v. Wyo. DOT Drivers' License Div., 2006 WY 70, 135 P.3d 612, 2006 Wyo. LEXIS 75 (Wyo. 2006).

Medical Commission Hearing Panel's order denying the claimant workers' compensation benefits for gastrointestinal problems violated the Wyoming Administrative Procedures Act by failing to make basic findings of fact that supported its ultimate findings; the decision cited no evidence or medical opinions and made no basic findings to support its conclusion that the claimant's condition changed substantially after August 2002 or to explain the conclusion that had the narcotic pain medications been responsible for the esophageal stricture, it would have appeared earlier. Olivas v. State ex rel. Wyo. Workers' Safety & Comp. Div. (In re Workers Comp. Claim), 2006 WY 29, 130 P.3d 476, 2006 Wyo. LEXIS 31 (Wyo. 2006).

Medical Commission (Commission) sufficiently determined that a worker was not entitled to permanent total disability benefits under the odd lot doctrine because the Commission's panel (1) correctly stated controlling principles of law, and (2) properly recognized the worker carried the initial burden of proving de facto unemployability, which the worker did not do as the worker made no effort to find a job and such efforts would not have been futile, after engaging in a careful, lengthy analysis of the worker's condition and the various evaluations of the worker's potential employability, and (3) the panel's findings adequately explained the basis for the panel's decision. In re Worker's Comp. Claim of McIntosh v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2013 WY 135, 311 P.3d 608, 2013 Wyo. LEXIS 140 (Wyo. 2013).

Articulation of basic facts, without separate conclusions of law, reviewable. —

An order of the tax commission in a driver's license suspension case was reviewable even though it did not encompass findings of fact and conclusions of law separately stated, where a limited question was presented for the tax commission for decision, and the failure to separately state any conclusions of law did not inhibit appellate review. The thrust of the language in this section is to require the articulation of basic facts from which ultimate findings of fact are determined in order to facilitate judicial review. Harris v. Wyoming State Tax Comm'n, 718 P.2d 49, 1986 Wyo. LEXIS 535 (Wyo. 1986).

It is insufficient for administrative agency to state only ultimate fact or conclusion but each ultimate fact or conclusion must be thoroughly explained in order for a court to determine upon what basis each ultimate fact or conclusion was reached. Powell v. Board of Trustees, 550 P.2d 1112, 1976 Wyo. LEXIS 198 (Wyo. 1976).

Court had no option but to remand contest over denial of a grading permit back to the board of county commissioners of Teton County, where the final order simply stated that “other siting alternatives exist for the location of a residence on [a]ppellant's lot that will not result in the residence penetrating the skyline” without findings as to even the obvious underlying facts. Frankel v. Bd. of County Comm'rs, 2002 WY 13, 39 P.3d 420, 2002 Wyo. LEXIS 11 (Wyo. 2002).

Review of burden of proof conclusion. —

In cases where an agency concludes that a party failed to meet its burden of proof, the case will be reviewed under the arbitrary, capricious and contrary to law language of § 16-3-114 .City of Casper v. Utech, 895 P.2d 449, 1995 Wyo. LEXIS 76 (Wyo. 1995).

Since the supreme court cannot reweigh the evidence nor redetermine the credibility of the evidence, no purpose is to be served by demanding the agency explain how it evaluated the evidence in arriving at a conclusion that a party failed to meet its burden of proof. City of Casper v. Utech, 895 P.2d 449, 1995 Wyo. LEXIS 76 (Wyo. 1995).

Decision letter in writing, containing findings and conclusions, satisfies requirements of this section. Regan v. Casper, 494 P.2d 933, 1972 Wyo. LEXIS 235 (Wyo. 1972).

Decision need not incorporate terminated employee's findings of fact and conclusions of law. —

There was substantial evidence to support the personnel commission's decision that a city employee was not wrongfully terminated, and there was no evidence that the commission acted arbitrarily or capriciously or denied the employee due process in failing to adopt employee's findings of fact and conclusions of law in its written decision; absent some direct evidence that a party's proposed findings were given no consideration, an agency's failure to adopt or address them does not equate with arbitrariness. Davis v. City of Cheyenne, 2004 WY 43, 88 P.3d 481, 2004 Wyo. LEXIS 51 (Wyo. 2004), reh'g denied, 2004 Wyo. LEXIS 67 (Wyo. May 18, 2004).

Written facts need not have been drafted by hearing examiner. —

It is not required that a hearing examiner submit written findings that have been drafted by the hearing examiner; this section is satisfied so long as the document is adopted by the hearing examiner as the decision in the case. Pederson v. State ex rel. Wyoming Workers' Compensation Div., 939 P.2d 740, 1997 Wyo. LEXIS 92 (Wyo. 1997).

When appealable final order exists after suspension of driver's license. —

The requisite administrative finality is not present for appeal to the district court, from the suspension of a driver's license by the motor vehicle division, until the appeal to the Wyoming tax commission has been pursued and concluded: This procedure then results in a final order of the tax commission, and it is from this order that the appeal is taken to the district court, and it is the only order which must be examined to determine if it meets the requirements of this section for findings of fact and conclusions of law. State, Dep't of Revenue & Taxation v. Andrews, 671 P.2d 1239, 1983 Wyo. LEXIS 377 (Wyo. 1983).

Determination that citizen had not met burden of proof in seeking a revocation of funeral director's license sufficient to allow for review. —

Wyoming board of embalmers' determination that a private citizen had not met the requisite burden of proof in a proceeding seeking a revocation of a funeral director's license was sufficient to allow for appellate review. Veile v. Bryant, 2004 WY 107, 97 P.3d 787, 2004 Wyo. LEXIS 136 (Wyo. 2004).

Employee's dismissal supported by basic fact finding. —

A single, viable finding of basic fact, relating to a state employee's insubordination and her circumvention of established lines of authority, sufficiently articulated the reasons for the personnel review board's affirmation of her dismissal. Mekss v. Wyoming Girls' Sch., 813 P.2d 185, 1991 Wyo. LEXIS 103 (Wyo. 1991), reh'g denied, 813 P.2d 185, 1991 Wyo. LEXIS 120 (Wyo. 1991), cert. denied, 502 U.S. 1032, 112 S. Ct. 872, 116 L. Ed. 2d 777, 1992 U.S. LEXIS 266 (U.S. 1992).

Substantial evidence supported findings of fact made by oil and gas conservation commission as to restricting production from gas wells to prevent waste. — See Big Piney Oil & Gas Co. v. Wyoming Oil & Gas Conservation Comm'n, 715 P.2d 557, 1986 Wyo. LEXIS 507 (Wyo. 1986).

In determining whether further primary production in oil and gas field would be wasteful, finding of oil and gas conservation commission that secondary recovery operations would be economically feasible was supported with sufficient factual findings in record. See Majority of Working Interest Owners in Buck Draw Field Area v. Wyoming Oil & Gas Conservation Comm'n, 721 P.2d 1070, 1986 Wyo. LEXIS 582 (Wyo. 1986).

Denial of part of requested attorney fees is adverse order. —

Administrative hearing officer's order awarding attorney fees and costs, which denied attorney part of her requested fees, was an adverse order subject to provisions of this section. Cargile v. State ex rel. Wyoming Workers' Safety & Compensation Div. (In re Cargile), 965 P.2d 666, 1998 Wyo. LEXIS 135 (Wyo.), op. withdrawn, Pendelton v. State, 966 P.2d 951, 1998 Wyo. LEXIS 134 (Wyo. 1998).

Board of equalization determination not supported. —

Board of equalization's determination that highest and best use of rural electric cooperative's property was as an investor-owned utility was unsupported by law or basic facts, and was therefore reversed. Basin Elec. Power Coop. v. Department of Revenue, 970 P.2d 841, 1999 Wyo. LEXIS 7 (Wyo. 1999).

Remand appropriate. —

State board of equalization's order of limited remand did not poison adjudicatory and review process where the state board was unable to determine the manner in which the county board arrived at its obsolescence figures; board's decision to order a limited remand rather than issue a final order merely stating that there was an insufficient basis for meaningful review expedited the substantive review of the county board's order. Holly Sugar Corp. v. State Bd. of Equalization, 839 P.2d 959, 1992 Wyo. LEXIS 145 (Wyo. 1992).

Remand was necessary where a hearing officer, in denying a claim for workers' compensation benefits, did not support his conclusions with adequate factual findings; no findings of fact were made regarding the claimant's evidence, other witnesses' testimony, or the time or cause of the injury. Bush v. State ex rel. Workers' Comp. Div., 2005 WY 120, 120 P.3d 176, 2005 Wyo. LEXIS 146 (Wyo. 2005).

Wyoming board of outfitters and professional guides failed to set forth sufficient findings of fact in support of its decision to revoke an outfitter's license, resulting in the reversal of the license revocation and a remand for further proceedings. City of Billings v. Wyo. Bd. of Outfitters & Guides (In re City of Billings), 2001 WY 81, 30 P.3d 557, 2001 Wyo. LEXIS 94 (Wyo. 2001).

Wyo. Oil and Gas Conservation Commission's findings of fact in its decision allowing a junior gas producer to inject leftover carbon dioxide into a geologic formation were inadequate; the decision did not outline the facts on which it relied to resolve the senior producer's contention that the plan would cause waste and compromise its correlative rights under Wyo. Stat. Ann. § 30-5-101(a)(ix). Exxon Mobil Corp. v. Wyo. Oil & Gas Conservation Comm'n, 2013 WY 32, 297 P.3d 782, 2013 Wyo. LEXIS 36 (Wyo. 2013).

Remand not appropriate. —

Court rejected the taxpayer's claim that the County Board of Equalization's decision was inadequate and did not comply with statutory requirements provided in this section that an agency make findings of basic facts upon all of the material issues due to the Board's failure to address the issue of economic obsolescence in the taxpayer's appeal of the ad valorem personal property tax assessments at its coal mines that were recently purchased in 1998 because the taxpayer's expert did not directly contest the assessor's position that reliance on reasonably current, arms length 1998 sales values was an appropriate basis upon which to conclude no further economic obsolescence calculations were necessary. It would do little good to remand the matter in order for the County Board to state the obvious, that it found the 1998 allocated value, derived from an arms length transaction and provided by the taxpayer, fairly included economic obsolescence in 2001. Thunder Basin Coal Co. v. Campbell County, 2006 WY 44, 132 P.3d 801, 2006 Wyo. LEXIS 47 (Wyo. 2006).

Applied in

In re Assessment of State Bd. of Equalization, 457 P.2d 963, 1969 Wyo. LEXIS 152 (Wyo. 1969); Wyoming. Geraud v. Schrader, 531 P.2d 872, 1975 Wyo. LEXIS 128 (Wyo. 1975); Westates Constr. Co. v. Sheridan County Sch. Dist., 719 P.2d 1366, 1986 Wyo. LEXIS 559 (Wyo. 1986); Harris v. Sinclair Trucking, 900 P.2d 1163, 1995 Wyo. LEXIS 147 (Wyo. 1995).

Quoted in

Sellers v. Employment Sec. Comm'n, 760 P.2d 394, 1988 Wyo. LEXIS 111 (Wyo. 1988); Cook v. Zoning Bd. of Adjustment, 776 P.2d 181, 1989 Wyo. LEXIS 148 (Wyo. 1989); Department of Emp. v. Roberts Constr. Co., 841 P.2d 854, 1992 Wyo. LEXIS 166 (Wyo. 1992); State ex rel. Workers' Safety & Compensation Div. v. Gerrard, 2001 WY 7, 17 P.3d 20, 2001 Wyo. LEXIS 12 (Wyo. 2001).

Cited in

Monahan v. Board of Trustees, 486 P.2d 235, 1971 Wyo. LEXIS 226 (Wyo. 1971); Schulthess v. Carollo, 832 P.2d 552, 1992 Wyo. LEXIS 63 (Wyo. 1992); Naibauer v. Board of Platte County Comm'rs, 895 P.2d 445, 1995 Wyo. LEXIS 75 (Wyo. 1995); Ebzery v. City of Sheridan, 982 P.2d 1251, 1999 Wyo. LEXIS 107 (Wyo. 1999); Williston Basin Interstate Pipeline Co. v. Wyoming PSC, 996 P.2d 663, 2000 Wyo. LEXIS 18 (Wyo. 2000); State ex rel. Wyo. Workers' Safety & Comp. Div. v. Jensen, 2001 WY 51, 24 P.3d 1133, 2001 Wyo. LEXIS 66 (Wyo. 2001).

Law reviews. —

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).

For article, “A State Central Panel Hearing Officer System for Wyoming,” see XXI Land & Water L. Rev. 497 (1986).

§ 16-3-111. Contested cases; limitations on consultations and participations.

Unless required for the disposition of ex parte matters authorized by law, members of the agency, employees presiding at a hearing in a contested case and employees assisting the foregoing persons in compiling, evaluating and analyzing the record in a contested case or in writing a decision in a contested case shall not directly or indirectly in connection with any issue in the case consult with any person other than an agency member, officer, contract consultant or employee or other state or federal employee, any party other than the agency or with any agency employee, contract consultant or other state or federal employee who was engaged in the investigation, preparation, presentation or prosecution of the case except upon notice and opportunity for all parties to participate. Nothing herein contained precludes any agency member from consulting with other members of the agency. No officer, employee, contract consultant, federal employee or agent who has participated in the investigation, preparation, presentation or prosecution of a contested case shall be in that or a factually related case participate or advise in the decision, recommended decision or agency review of the decision, or be consulted in connection therewith except as witness or counsel in public proceedings. A staff member is not disqualified from participating or advising in the decision, recommended decision or agency review because he has participated in the presentation of the case in the event the staff member does not assert or have an adversary position.

History. Laws 1965, ch. 108, § 11; W.S. 1957, § 9-276.29; W.S. 1977, § 9-4-111; Laws 1982, ch. 62, § 3.

Fair hearing requires impartial tribunal. —

Embraced by the employee's constitutional and statutory guarantee to a fair hearing in the administrative process is his right to be heard before an unbiased, fair and impartial tribunal. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

And voir dire inquiry of administrative tribunal permitted. —

Within adequate guidelines, voir dire inquiry should be permitted of an administrative tribunal to ascertain the absence or presence of bias or prejudice of the members. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

It is the plaintiff's burden to establish any impropriety on the part of any member of the administrative board. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Presence of school board counsel at deliberative session did not violate this section, where the attorney did not participate or advise and his presence did not influence the decisions of the individual members. Westates Constr. Co. v. Sheridan County Sch. Dist., 719 P.2d 1366, 1986 Wyo. LEXIS 559 (Wyo. 1986).

Invited error. —

Worker could not claim on appeal that a Medical Commission panel improperly relied on the panel's own observations of the worker in determining the worker's eligibility for benefits because the worker asked the panel's members to engage in the contested observations. In re Worker's Comp. Claim of McIntosh v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2013 WY 135, 311 P.3d 608, 2013 Wyo. LEXIS 140 (Wyo. 2013).

Quoted in

Denius v. T R Twelve, Inc., 589 P.2d 374, 1979 Wyo. LEXIS 345 (Wyo. 1979).

Cited in

Elementary Sch. Dist. v. District Boundary Bd., 454 P.2d 237, 1969 Wyo. LEXIS 134 (Wyo. 1969); State Transp. Comm'n v. Ford, 844 P.2d 496, 1992 Wyo. LEXIS 208 (Wyo. 1992); Basin Elec. Power Coop. v. Department of Revenue, 970 P.2d 841, 1998 Wyo. LEXIS 191 (Wyo. 1998).

Law reviews. —

For article, “A State Central Panel Hearing Officer System for Wyoming,” see XXI Land & Water L. Rev. 497 (1986).

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

Propriety of ex parte communication made in connection with administrative proceeding by interested party or by member or employee of agency (5 USC § 557(d)(1)), 58 ALR Fed 834.

§ 16-3-112. Contested cases; presiding officers; qualifications; powers; outside personnel; hearing officers.

1. If not otherwise authorized by law there shall preside at the taking of evidence in all contested cases the statutory agency, one (1) or more members of the body which comprises the agency, or an employee of the agency or an employee of another agency designated by the agency to act as presiding officer. The functions of all those presiding in contested cases shall be conducted in an impartial manner. Any officer shall at any time withdraw if he deems himself disqualified provided there are other qualified presiding officers available to act.
2. Officers presiding at hearings shall have authority, subject to the published rules of the agency and within its power to:
   1. Administer oaths and affirmations;
   2. Issue subpoenas;
   3. Rule upon offers of proof and receive relevant evidence;
   4. Take or cause depositions to be taken in accordance with the provisions of this act and the rules of the agency;
   5. Regulate the course of the hearing;
   6. Hold conferences for the settlement or simplification of the issues;
   7. Dispose of procedural requests or similar matters;
   8. Make recommended decisions when directed to do so by the agency; and
   9. Take any other action authorized by agency rules consistent with this act.
3. In all contested cases to the extent that it is necessary in order to obtain compliance with W.S. 16-3-111 the agency (excepting county and municipal agencies and political subdivisions on the county and local level) may request the office of the attorney general to furnish to the agency such personnel as may be necessary in order for the agency to properly investigate, prepare, present and prosecute the contested case before the agency. The attorney general upon the receipt of the request shall promptly comply with same with no charge being made against the requesting agency’s appropriation other than for travel and per diem expenses.
4. To the extent an agency utilizes an employee of another agency (other than the staff of the attorney general) to preside at a hearing or otherwise the salary of the employee during the period of the employment and the expenses incurred by the employee shall be charged against the appropriation of the using agency.
5. When required by law an agency shall adopt rules and regulations providing a procedure for the use and the selection of an administrative hearing officer. An agency shall not delegate the authority to make final decisions to an independent administrative hearing officer unless required by law.

History. Laws 1965, ch. 108, § 12; W.S. 1957, § 9-276.30; W.S. 1977, § 9-4-112; Laws 1981, ch. 10, § 1; 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” see § 16-3-101(b)(xi).

Fair and impartial hearing. —

In a case seeking the establishment of a private road, a hearing officer did not violate this section by offering advice in response to questions and attempting to clarify issues for the consideration of a county board of commissioners; the hearing officer emphasized that the ultimate decision was for the board alone to make. There was no indication of a bias or prejudice that permeated the hearing; moreover, the hearing officer was balanced in his rulings during the evidentiary hearings and admitted all exhibits on both sides. Price Family Trust v. Hutchinson, 2014 WY 162, 340 P.3d 1002, 2014 Wyo. LEXIS 185 (Wyo. 2014).

Embraced by the employee's constitutional and statutory guarantee to a fair hearing in the administrative process is his right to be heard before an unbiased, fair and impartial tribunal. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976); Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983).

Suspension of accountant's certificate to practice was proper where substantial evidence showed that accountant participated in audit prior to having approval to do so, and thus he violated a settlement agreement from a prior disciplinary action and engaged in dishonesty in violation of Wyo. Stat. Ann. § 33-3-121(a)(ii) when he attempted to legitimize his activity by using other accountants as the signing auditors. Also the accountant's rights to due process and a fair trial under Wyo. Stat. Ann. § 16-3-112(a) of the Wyoming Administrative Procedure Act were not violated because the accountant failed to overcome the presumption of impartiality of the Board members, or to explain how the hearing examiner's efforts failed to cure any prejudice he suffered as a result of the committee's delay in producing the documents. Dorr v. Wyoming Bd., 2006 WY 144, 146 P.3d 943, 2006 Wyo. LEXIS 154 (2006).

Internal Hearing Unit properly formed. —

The Division of Workers Safety and Compensation was authorized to promulgate rules and regulations relating to the resolution of contested matters that are not required to be heard by the Medical Commission or the Office of Administrative Hearings, including agency review of claimed late filings, and had ample authority to form the Internal Hearing Unit. Internal Hearing Unit. Sheneman v. Division of Workers' Safety & Comp. Internal Hearing Unit, 956 P.2d 344, 1998 Wyo. LEXIS 50 (Wyo. 1998).

And voir dire inquiry of administrative tribunal permitted. —

Within adequate guidelines, voir dire inquiry should be permitted of an administrative tribunal to ascertain the absence or presence of bias or prejudice of the members. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976); Ririe v. Board of Trustees, 674 P.2d 214, 1983 Wyo. LEXIS 391 (Wyo. 1983).

Interested, nonvoting, commission member may sign determination. —

Where there were three members of the oil and gas conservation commission, other than a member with a financial interest, present at all hearings, which satisfied § 30-5-103(c), and during the session that person never cast a vote, the due process guarantee of impartiality by fact-finding was satisfied. Admittedly, the interested member signed the final determination, but that fact in itself carried no legal consequence, as it occurred as a ministerial act for the entry of the decision made by the actual participants. ANR Prod. Co. v. Wyoming Oil & Gas Conservation Comm'n, 800 P.2d 492, 1990 Wyo. LEXIS 128 (Wyo. 1990).

Fair and impartial hearing. —

Pursuant to review under Wyo. R. App. P. 12.09(a) and Wyo. Stat. Ann. § 16-3-114(c), there was substantial evidence supported a claimant's award of unemployment insurance benefits because irrelevant evidence of an alleged conspiracy was properly excluded under Wyo. Stat. Ann. § 16-3-108(a) and claimant's conduct was determined to be ordinary negligence in an isolated instance and not misconduct under Wyo. Stat. Ann. § 27-3-311(f). Further, the hearing officer complied with Wyo. Stat. Ann. § 16-3-112(a) to provide the claimant's former employer with a fair and impartial hearing. Aspen Ridge Law Offices, P.C. v. Wyo. Dep't of Empl., 2006 WY 129, 143 P.3d 911, 2006 Wyo. LEXIS 142 (Wyo. 2006).

Authority For Internal Hearing Unit. —

Section 13-3-102 and this section, along with § 27-14-802 vested the Division of Workers' Safety and Compensation with authority to form the Internal Hearing Unit comprised of members of the agency. Poll v. State ex rel. Department of Empl., Div. of Workers' Safety & Compensation, 963 P.2d 977, 1998 Wyo. LEXIS 99 (Wyo. 1998).

Applied in

Wyoming State Dep't of Educ. v. Barber, 649 P.2d 681, 1982 Wyo. LEXIS 374 (Wyo. 1982).

Cited in

State Transp. Comm'n v. Ford, 844 P.2d 496, 1992 Wyo. LEXIS 208 (Wyo. 1992); RM v. Department of Family Servs., 953 P.2d 477, 1998 Wyo. LEXIS 16 (Wyo. 1998); Dorr v. State Bd. of CPAs, 2001 WY 37, 21 P.3d 735, 2001 Wyo. LEXIS 46 (Wyo. 2001).

Law reviews. —

For comment on Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976), see XII Land & Water L. Rev. 327 (1977).

For article, “Administrative Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983).

For article, “A State Central Panel Hearing Officer System for Wyoming,” see XXI Land & Water L. Rev. 497 (1986).

§ 16-3-113. License hearings.

1. When the grant, denial, suspension or renewal of a license is required by law to be preceded by notice and an opportunity for hearing the provisions of this act concerning contested cases apply.
2. When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
3. No revocation, suspension, annulment or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. A cancellation of a driver’s license pursuant to W.S. 31-7-121(c) [repealed] shall not be valid until the department of transportation gives notice by mail to the licensee of the facts which warrant the intended action and provides the licensee with an opportunity to provide additional evidence or information with respect to the condition at issue within fifteen (15) days of the mailing of the notice. These proceedings shall be promptly instituted and determined.

History. Laws 1965, ch. 108, § 13; W.S. 1957, § 9-276.31; W.S. 1977, § 9-4-113; Laws 1982, ch. 62, § 3; 1993, ch. 46, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 16-3-101(b)(xi).

Scope of subsection (a). —

Subsection (a) deals with licensing matters where action is required by law to be preceded by notice and an opportunity for a hearing (as in a contested case). Thornley v. Wyoming Highway Dep't, Motor Vehicle Div., 478 P.2d 600, 1971 Wyo. LEXIS 189 (Wyo. 1971).

Driver's license suspension proceedings were “instituted” when the department of revenue forwarded a motorist's request for a hearing to a independent hearing examiner, and not when the officer who arrested her for driving under the influence furnished her with a notice of suspension and a temporary driver's license. Gerstell v. State, 769 P.2d 389, 1989 Wyo. LEXIS 54 (Wyo. 1989).

Procedures for approving new health-care institutions. —

Notice and public meeting requirements of the certificate-of-need review process under the New Institutional Health Services Act comprise a “contested case” within the meaning of this chapter. In re Application for Certificate of Need by HCA Health Ser, 689 P.2d 108, 1984 Wyo. LEXIS 340 (Wyo. 1984).

Notice and hearing afforded. —

Licensee afforded notice and an opportunity to be heard. Roush v. Pari-Mutuel Comm'n, 917 P.2d 1133, 1996 Wyo. LEXIS 80 (Wyo. 1996).

Burden of proof. —

Once professional guide established the qualifications for licensure, the burden of proof should have shifted to the board of outfitters and professional guides (board), to go forward with its evidence justifying the denial of guide's license, though the guide had the burden of persuading the board that its grounds for denial were insufficient under the governing statutes and regulations. State Bd. of Outfitters & Prof'l Guides v. Clark, 2001 WY 78, 30 P.3d 36, 2001 Wyo. LEXIS 98 (Wyo. 2001).

Applied in

Naibauer v. Board of Platte County Comm'rs, 895 P.2d 445, 1995 Wyo. LEXIS 75 (Wyo. 1995).

Cited in

Department of Revenue & Taxation v. Shipley, 579 P.2d 415, 1978 Wyo. LEXIS 294 (Wyo. 1978); Ballard v. Wyoming Pari-Mutuel Comm'n, 750 P.2d 286, 1988 Wyo. LEXIS 14 (Wyo. 1988).

Law reviews. —

For article, “Industrial Siting Legislation: The Wyoming Industrial Development Information and Siting Act — Advance or Retreat?” see XI Land & Water L. Rev. 27 (1976).

For article, “Administrative Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983).

§ 16-3-114. Judicial review of agency actions; district courts.

1. Subject to the requirement that administrative remedies be exhausted and in the absence of any statutory or common-law provision precluding or limiting judicial review, any person aggrieved or adversely affected in fact by a final decision of an agency in a contested case, or by other agency action or inaction, or any person affected in fact by a rule adopted by an agency, is entitled to judicial review in the district court for the county in which the injury or harm for which relief is sought occurred, in the district court for the county in which the administrative action or inaction was taken, or in which any real property affected by the administrative action or inaction is located, or if no real property is involved, in the district court for the county in which the party aggrieved or adversely affected by the administrative action or inaction resides or has its principal place of business. The procedure to be followed in the proceeding before the district court shall be in accordance with rules heretofore or hereinafter adopted by the Wyoming supreme court.
2. The supreme court’s authority to adopt rules governing review from agencies to the district courts shall include authority to determine the content of the record upon review, the pleadings to be filed, the time and manner for filing the pleadings, records and other documents and the extent to which supplemental testimony and evidence may be taken or considered by the district court. The rules adopted by the supreme court under this provision may supersede existing statutory provisions.
3. To the extent necessary to make a decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. In making the following determinations, the court shall review the whole record or those parts of it cited by a party and due account shall be taken of the rule of prejudicial error. The reviewing court shall:
   1. Compel agency action unlawfully withheld or unreasonably delayed; and
   2. Hold unlawful and set aside agency action, findings and conclusions found to be:
      1. Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;
      2. Contrary to constitutional right, power, privilege or immunity;
      3. In excess of statutory jurisdiction, authority or limitations or lacking statutory right;
      4. Without observance of procedure required by law; or
      5. Unsupported by substantial evidence in a case reviewed on the record of an agency hearing provided by statute.

History. Laws 1965, ch. 108, § 14; W. S. 1957, § 9-276.32; Laws 1973, ch. 24, § 1; W.S. 1977, § 9-4-114; Laws 1979, ch. 58, § 1; 1982, ch. 62, § 3; 2021, ch. 55, § 1.

Cross references. —

For rule governing judicial review of administrative actions, see Rule 12, W.R.A.P.

The 2021 amendment , effective July 1, 2021, added "in the district court for the county in which the injury or harm for which relief is sought occurred," in the first sentence of (a).

• I. General Consideration.
• II. Rules of Appellate Procedure.
• III. Availability of Review.
  • A. Persons.
  • B. Issues.
• IV. Scope of Review.
  • A. In General.
  • B. Substantial Evidence.
  • C. Illustrative Cases.

§ 16-3-115. Judicial review of agency actions; supreme court.

An aggrieved party may obtain a review of any final judgment of the district court under this act by appeal to the supreme court. The appeal shall be taken as in other civil cases.

History. Laws 1965, ch. 108, § 15; W.S. 1957, § 9-276.33; W.S. 1977, § 9-4-115; Laws 1982, ch. 62, § 3.

Cross references. —

For rule governing judicial review of administrative actions, see Rule 12, W.R.A.P.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 16-3-101(b)(xi).

Repealing and savings clauses. —

Section 17, ch. 108, Laws 1965, reads: “All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed, but this repeal does not affect pending proceedings. Provided, however, to the extent not inconsistent herewith existing procedures provided for by statute shall be deemed preserved and the procedures provided for by this act shall be in addition and supplementary thereto.”

Severability. —

Section 16, ch. 108, Laws 1965, reads: “If any provision of this act or the application thereof to any person or circumstances 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 for this purpose the provisions of this act are severable.”

Agency adversely affected by the decision of a district court is “aggrieved” and is entitled to appeal to the supreme court. Safety Medical Servs. v. Employment Sec. Comm'n, 724 P.2d 468, 1986 Wyo. LEXIS 609 (Wyo. 1986).

Issues not raised at the hearing before the agency will not be considered for the first time on appeal. In re State Bank Charter Application of Sec. Bank, 606 P.2d 296, 1980 Wyo. LEXIS 234 (Wyo. 1980).

Courts have always been quite liberal with respect to the matter of pleadings in proceedings before administrative agencies. Glenn v. Board of County Comm'rs, 440 P.2d 1, 1968 Wyo. LEXIS 166 (Wyo. 1968).

Supreme court review as if appeal directly from agency. —

The supreme court will review an agency action as though the appeal were directly to the court from the agency, and the court will be governed by the same rules of review as is the district court. Atchison v. Career Serv. Council, 664 P.2d 18, 1983 Wyo. LEXIS 319 (Wyo.), cert. denied, 464 U.S. 982, 104 S. Ct. 424, 78 L. Ed. 2d 359, 1983 U.S. LEXIS 2367 (U.S. 1983).

And supreme court will not substitute its judgment on matters of discretion for that of the administrative agency, nor will the court perform duties assigned by law to administrative boards. Atchison v. Career Serv. Council, 664 P.2d 18, 1983 Wyo. LEXIS 319 (Wyo.), cert. denied, 464 U.S. 982, 104 S. Ct. 424, 78 L. Ed. 2d 359, 1983 U.S. LEXIS 2367 (U.S. 1983).

Decisions of parole board not reviewable. —

The obvious purpose of § 7-13-402(f) is to completely foreclose judicial review of the proceedings and decisions of the Wyoming board of parole under this article, including the limited review authorized in Pisano v. Shillinger, 835 P.2d 1136, 1992 Wyo. LEXIS 96 (Wyo. 1992).Hamill v. Ferguson, 937 F. Supp. 1517, 1996 U.S. Dist. LEXIS 17115 (D. Wyo. 1996).

Applied in

C F & I Steel Corp. v. State Bd. of Equalization, 492 P.2d 529, 1972 Wyo. LEXIS 215 (Wyo. 1972); Hillard v. Big Horn Coal Co., 549 P.2d 293, 1976 Wyo. LEXIS 185 (Wyo. 1976); Allied Fid. Ins. Co. v. Environmental Quality Council, 753 P.2d 1038, 1988 Wyo. LEXIS 52 (Wyo. 1988); Taylor v. Wyoming Bd. of Medicine, 930 P.2d 973, 1997 Wyo. LEXIS 11 (Wyo. 1996).

Quoted in

Snell v. Ruppert, 541 P.2d 1042, 1975 Wyo. LEXIS 171 (Wyo. 1975); McCulloch Gas Transmission Co. v. Public Serv. Comm'n, 627 P.2d 173, 1981 Wyo. LEXIS 330 (Wyo. 1981); Barcon, Inc. v. Wyoming State Bd. of Equalization, 845 P.2d 373, 1992 Wyo. LEXIS 204 (Wyo. 1992).

Stated in

Town of Evansville Police Dep't v. Porter, 2011 WY 86, 256 P.3d 476, 2011 Wyo. LEXIS 87 (June 1, 2011).

Cited in

In re Assessment of State Bd. of Equalization, 457 P.2d 963, 1969 Wyo. LEXIS 152 (Wyo. 1969); Scarlett v. Town Council, 463 P.2d 26, 1969 Wyo. LEXIS 173 (Wyo. 1969); Rolfes v. State ex rel. Burt, 464 P.2d 531 (Wyo. 1970); Wheatland Irrigation Dist. v. Pioneer Canal Co., 464 P.2d 533, 1970 Wyo. LEXIS 150 (Wyo. 1970); King v. White, 499 P.2d 585, 1972 Wyo. LEXIS 266 (Wyo. 1972); Brenning v. State, 870 P.2d 349, 1994 Wyo. LEXIS 28 (Wyo. 1994); RM v. Department of Family Servs., 953 P.2d 477, 1998 Wyo. LEXIS 16 (Wyo. 1998); Velasquez v. Chamberlain, 2009 WY 80, 209 P.3d 888, 2009 Wyo. LEXIS 85 (June 18, 2009).

Law reviews. —

For article, “Administrative Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983).

§ 16-4-101. Short title.

This act shall be known and may be cited as the “Uniform Municipal Fiscal Procedures Act”.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-317; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-4-102(a)(xx).

§ 16-4-102. Definitions.

1. As used in this act:
   1. “AICPA” means the American Institute of Certified Public Accountants;
   2. “Appropriation” means an allocation of money to be expended for a specific purpose;
   3. “Budget” means a plan of financial operations for a fiscal year or two (2) fiscal years, embodying estimates of all proposed expenditures for given purposes, the proposed means of financing them and what the work or service is to accomplish. “Budget” includes the budget of each fund for which a budget is required by law and the collective budgets for all the funds based upon the functions, activities and projects;
   4. “Budget officer” means any official appointed by the governing body of a municipality and the county clerk in the case of counties;
   5. “Budget year” means the fiscal year or years for which a budget is prepared;
   6. “Current year” means the fiscal year in which a budget is prepared and adopted for the ensuing budget year;
   7. “Department” means a functional unit within a fund which carries on a specific activity, such as a police department within a city general fund, the office of an elected county official or a major program category such as “instruction” in a school district fund;
   8. “Estimated revenue” means the amount of revenues estimated to be received during the budget year in each fund;
   9. “Financial and compliance audit” means the determination in accordance with generally accepted auditing standards:
      1. Whether financial operations are properly conducted;
      2. Whether the financial reports of an audited entity are presented fairly; and
      3. Whether the entity has complied with applicable laws and regulations.
   10. “Fiscal year” means the annual period for recording fiscal operations beginning July 1 and ending June 30;
   11. “Fund balance” means the excess of the assets over liabilities, reserves and contributions, as reflected by a municipality’s books of account;
   12. “Fund deficit” means the excess of liabilities, reserves and contributions over fund assets, as reflected by a municipality’s books of account;
   13. “Independent auditors” means independent public accountants who have no personal interest in the financial affairs of the entity or in affairs of the officers of the entity being audited and who audit under the standards promulgated by the AICPA for state and local governments;
   14. “Municipality” means:
       1. All incorporated first class cities, towns having a population in excess of four thousand (4,000) inhabitants and all towns operating under the city manager form of government;
       2. Counties;
       3. School districts;
       4. Community colleges.
   15. “Proposed budget” means the budget presented for public hearing as required by W.S. 16-4-109 and formatted as required by W.S. 16-4-104(b);
   16. “Requested budget” means a budget presented by the budget officer to the governing body on or before May 15;
   17. “Unanticipated income” means income which is received during the budget year which could not reasonably have been expected to be available during the current budget year;
   18. “Unappropriated surplus” means the portion of the fund balance of a budgetary fund which has not been appropriated or reserved in an ensuing budget year;
   19. “Uniform chart of accounts” means the chart of accounts designed for municipalities which have been approved by the director of the state department of audit;
   20. “This act” means W.S. 16-4-101 through 16-4-125 .

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-318; Laws 1982, ch. 62, § 3; 1985, ch. 152, § 2; 1991, ch. 240, § 1; 2001, ch. 194, § 1; ch. 199, § 1; 2015, ch. 131, § 1.

The 2015 amendment, substituted “16–4–125” for “16–4–124” in (a)(xx).

Laws 2015, ch. 131, § 1, 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 4, 2015.

Editor's notes. —

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

Laws 2015, ch. 131, § 2, provides: “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.”

Cited in

Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

§ 16-4-103. Budget requirements.

1. Municipal budgets are required each fiscal year or every other year as provided for in W.S. 16-4-104(h) for all expenditures and funds of the municipalities.
2. Intragovernmental and enterprise fund municipal budgets are required for adequate management control and for public information including financial statements of condition, work programs and any other costs as the municipal governing body may request. These fund accounts shall not be deemed to have spent amounts in excess of those budgeted when the funds available from all sources are sufficient to cover the additional operating expenditures which have been approved by the governing bodies.
3. Repealed by Laws 2000, ch. 7, § 1.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-319; Laws 1982, ch. 62, § 3; 1995, ch. 92, § 1; 1998, ch. 5, § 2; 2000, ch. 7, § 1; 2001, ch. 194, § 1; 2004, ch. 130, § 1.

The 2004 amendment, in (b), substituted “sources are sufficient” for “sources is sufficient.”

Laws 2004, ch. 130, § 4, 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 19, 2004.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “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.”

§ 16-4-104. Preparation of budgets; contents; review; subsequent authorized projects.

1. All departments shall submit budget requests to the appropriate budget officer on or before May 1, except as provided for in subsection (h) of this section. On or before May 15, the budget officer shall prepare a requested budget for each fund and file the requested budget with the governing body, except as provided for in subsection (h) of this section. The requested budget shall be prepared to best serve the municipality and county budget officers shall include all departmental requests. The governing body may amend the requested budget and the requested budget as amended shall be the budget proposed for adoption.
2. The appropriate budget officer shall prepare a proposed budget for each fund and file the proposed budget with the governing body in a timely fashion allowing the governing body to meet the hearing date and notice requirements established by W.S. 16-4-109 . The format of the proposed budget shall be prepared to best serve the municipality except that the budget formats for community colleges shall be uniform and approved by the community college commission and the director of the state department of audit. The proposed budget shall set forth:
   1. Actual revenues and expenditures in the last completed budget year;
   2. Estimated total revenues and expenditures for the current budget year;
   3. The estimated available revenues and expenditures for the ensuing budget year.
3. Each proposed and adopted budget shall contain the estimates of expenditures and revenues developed by the budget officer together with specific work programs and other supportive data as the governing body requests. The estimates of revenues shall contain estimates of all anticipated revenues from any source whatsoever including any revenues from state distribution of taxes including sales and use tax including any local optional sales and use tax, lodging tax, fuel tax, cigarette tax and severance tax, federal mineral royalties from the state, any mineral royalty grants from the state loan and investment board, and any local sources including business permits and building permits. The estimates shall be made according to budget year, including the difference from the previous budget year for each source.
4. Each proposed and adopted budget shall be accompanied by a budget message in explanation of the budget. The budget message shall contain an outline of the proposed financial policies for the budget year and describe in connection therewith the important features of the budgetary plan. It shall also state the reasons for changes from the previous year in appropriation and revenue items and explain any major changes in financial policy.
5. The proposed budget shall be reviewed and considered by the governing body in a regular or special meeting called for this purpose. Following a public hearing as provided in W.S. 16-4-109 , the governing body shall adopt a budget.
6. This act does not prevent the municipality from undertaking any project authorized by vote of the people after adoption of the budget.
7. Repealed by Laws 2009, ch. 90, § 3.
8. Any incorporated city or town may employ a two (2) year budget cycle and adopt a two (2) year budget under the following conditions:
   1. The two (2) year period shall begin with the city’s or town’s first fiscal year following a budget session of the legislature;
   2. For the second year of the budget cycle, the budget officer shall prepare a budget adjustment that includes the original budget and any proposed changes in revenues and expenditures. The governing body shall consider and adopt the second year budget adjustment according to the same procedure that was used for the original two (2) year budget, including all public notices and hearings;
   3. The city or town shall comply with all other provisions of this act. The requirements of this act may be performed on a biennial basis pursuant to this subsection unless this act specifies that the requirement be performed on a fiscal year or annual basis and the provision in which the requirement appears does not reference this subsection. Any other provision of law imposing reporting or other requirements upon a city or town on an annual or fiscal year basis shall not be affected by the adoption of a biennial year budget pursuant to this subsection unless the provision in which the requirement appears references this subsection.
9. Repealed by Laws 2008, ch. 44, § 2.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-320; Laws 1982, ch. 62, § 3; 1985, ch. 152, § 2; ch. 208, § 2; 1991, ch. 240, § 1; 1995, ch. 92, § 1; 2000, ch. 7, § 1; 2001, ch. 194, §§ 2, 3; 2002 Sp. Sess., ch. 56, § 1; 2008, ch. 44, § 2; 2009, ch. 90, § 3.

Cross references. —

As to duties of the community college commission in general, see § 21-18-202 .

The 2008 amendment, repealed former (j), pertaining to various reporting requirements to the legislature and legislative committees.

Laws 2008, ch. 44, § 4, 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 5, 2008.

The 2009 amendment, effective July 1, 2009, repealed (g).

Editor's notes. —

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

Laws 2009, ch. 90, § 4, effective July 1, 2009, provides: “It is the intent of this act to impose a fiscal year of July 1 through June 30 on all governmental entities in this state, including all agencies, boards, commissions, institutions, instrumentalities, political subdivisions and special districts, no matter how formed, unless specifically exempted or otherwise authorized by law. The intent of this act is to repeal any noncodified provision which conflicts with the provisions of this act, including but not limited to earlier adopted government reorganization acts. Any entity required to change its current fiscal year of operation may elect to extend its current fiscal year or shorten its current fiscal year and commence its next fiscal year on July 1, 2009 or July 1, 2010, as it finds most convenient and efficient for its circumstances.”

Meaning of “this act.” —

For definition of “this act,” referred to in this section, see § 16-4-102(a)(xx).

Cited in

Veile v. Board of County Comm'rs, 860 P.2d 1174, 1993 Wyo. LEXIS 163 (Wyo. 1993).

§ 16-4-105. Accumulated retained earnings or fund surplus; capital improvements reserve.

1. A municipality may accumulate retained earnings in any enterprise or intragovernmental service fund or accumulate a fund surplus in any other fund. With respect to the general fund the accumulated fund balance may be used to meet any legal obligation of the municipality or to:
   1. Provide cash to finance expenditures from the beginning of the budget year until general property taxes and other revenues are collected;
   2. Provide a reserve to meet emergency expenditures; or
   3. Provide a reserve by the carryover from one (1) biennium to another of any surplus generated by community service and continuing education programs operated by community colleges.
2. A municipality may appropriate funds from estimated revenue in any budget year to a reserve for capital improvements and for depreciation within any capital improvements fund, and for the purpose of purchasing or replacing specified equipment or a depreciation reserve for equipment, which has been duly established by ordinance. Money in the reserves may be allowed to accumulate from year to year until the accumulated total is sufficient to permit economical expenditure for the specified purposes. Disbursements from reserves shall be made only by transfer to a revenue account within a capital improvements fund pursuant to an appropriation for the fund. The amount appropriated to reserves under this subsection in any budget year shall not exceed ten percent (10%) of the municipality’s total revenues for that budget year.
3. Expenditures from capital improvement or equipment budget accounts shall conform to all requirements of this act as it relates to the execution and control of budgets.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-321; Laws 1982, ch. 62, § 3; 1986, ch. 12, § 1; 1991, ch. 59, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-4-102(a)(xx).

Provision was made in the Municipal Budget Act (now repealed) for unanticipated expenditures. Wyoming State Treasurer v. Casper, 551 P.2d 687, 1976 Wyo. LEXIS 202 (Wyo. 1976).

§ 16-4-106. Property tax levy.

The amount of estimated revenue from property tax required by the budget shall constitute the basis for determination of the property tax to be levied for the corresponding tax years subject to legal limitations. The amount of tax shrinkage allowed shall not exceed the actual percentage of uncollected taxes to the total taxes levied for the preceding fiscal year or preceding two (2) fiscal years pursuant to W.S. 16-4-104(h). This section also applies to entities described in W.S. 16-4-125(c).

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-322; Laws 1982, ch. 62, § 3; 2001, ch. 194, § 1; ch. 199, § 1; 2009, ch. 90, § 2, ch. 169, § 1; 2017, ch. 62, § 2.

The 2009 amendment, effective July 1, 2009, substituted “16-4-125(c)” for “16-4-104(f)” in the last sentence.

The section is set out as reconciled by the Wyoming legislative service office.

The 2017 amendment , effective July 1, 2017, deleted “districts and” following “also applies to.”

Editor's notes. —

Laws 2009, ch. 90, § 4, effective July 1, 2009, provides: “It is the intent of this act to impose a fiscal year of July 1 through June 30 on all governmental entities in this state, including all agencies, boards, commissions, institutions, instrumentalities, political subdivisions and special districts, no matter how formed, unless specifically exempted or otherwise authorized by law. The intent of this act is to repeal any noncodified provision which conflicts with the provisions of this act, including but not limited to earlier adopted government reorganization acts. Any entity required to change its current fiscal year of operation may elect to extend its current fiscal year or shorten its current fiscal year and commence its next fiscal year on July 1, 2009 or July 1, 2010, as it finds most convenient and efficient for its circumstances.”

Laws 2009, ch. 169, § 1, provides: “Except as provided in sections 3 and 4 of this act, 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.”

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

What constitutes church, religious society, or institution exempt from property tax under state constitutional or statutory provisions, 28 ALR4th 344.

§ 16-4-107. Authorized purchases or encumbrances.

All purchases or all encumbrances on behalf of any municipality shall be made or incurred only upon an order or approval of the person duly authorized to make such purchases except encumbrances or expenditures directly investigated and reported and approved by the governing body.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-323; Laws 1982, ch. 62, § 3.

§ 16-4-108. Limitation on expenditures or encumbrances; documentation of expenditures.

1. No officer or employee of a municipality shall make any expenditure or encumbrance in excess of the total appropriation for any department. The budget officer shall report to the governing body any expenditure or encumbrance made in violation of this subsection.
2. The expenditure of municipality monies, other than employee contract payments, may be authorized by the governing body when the payee has provided the municipality with an invoice or other document identifying the quantity and total cost per item or for the services rendered included on the invoice or other document and the claim is certified under penalty of perjury by the vendor or by an authorized person employed by the municipality receiving the items or for whom the services were rendered.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-324; Laws 1982, ch. 62, § 3; 1985, ch. 137, § 1; 2001, ch. 199, § 1.

§ 16-4-109. Budget hearings.

1. A summary of the proposed budget shall be entered into the minutes and the governing body shall publish the summary at least one (1) week before the hearing date in a newspaper having general circulation in which the municipality is located, if there is one, otherwise by posting the notice in three (3) conspicuous places within the municipality.
2. Hearings for county budgets shall be held not later than the third Monday in July, for city and town budgets not later than the third Tuesday in June, for school districts and community college districts not later than the third Wednesday in July. The governing board of each municipality shall arrange for and hold the hearings and provide accommodations for interested persons. Copies of publications of hearings shall be furnished to the director of the state department of audit and school districts shall also furnish copies to the state department of education. This section also applies to entities described in W.S. 16-4-125(c) excluding incorporated towns not subject to this act.
3. and (d) Repealed by Laws 2000, ch. 7, § 1.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-325; Laws 1982, ch. 62, § 3; 1985, ch. 152, § 2; 1991, ch. 21, § 1; ch. 240, § 1; 1995, ch. 92, § 1; 2000, ch. 7, § 1; ch. 9, § 1; 2001, ch. 199, § 1; 2009, ch. 90, § 2; 2012, ch. 79, § 1; 2017, ch. 62, § 2.

Cross references. —

As to meetings of governmental agencies generally, see art. 4 of this chapter.

The 2009 amendment, effective July 1, 2009, in (b) substituted “16-4-125(c)” for “16-4-104(g)” in the last sentence.

The 2012 amendment, effective July 1, 2012, in (b), deleted “nor prior to the second Monday in July” following “Monday in July” and “prior to the second Tuesday in June nor” following “town budgets not” in the first sentence, inserted “not later than,” and substituted “not later than five (5) days after” for “within five (5) days of” also in the first sentence.

The 2017 amendment , effective July 1, 2017, in (b), deleted “and for all other special purpose districts having the power to levy or require the levy of taxes not later than five (5) days after the third Thursday in July except as hereafter provided. The governing board of any special purpose district may choose to hold the budget hearing in conjunction with the county budget hearings and so advertise” at the end of the first sentence.

Editor's notes. —

Laws 2009, ch. 90, § 4, effective July 1, 2009, provides: “It is the intent of this act to impose a fiscal year of July 1 through June 30 on all governmental entities in this state, including all agencies, boards, commissions, institutions, instrumentalities, political subdivisions and special districts, no matter how formed, unless specifically exempted or otherwise authorized by law. The intent of this act is to repeal any noncodified provision which conflicts with the provisions of this act, including but not limited to earlier adopted government reorganization acts. Any entity required to change its current fiscal year of operation may elect to extend its current fiscal year or shorten its current fiscal year and commence its next fiscal year on July 1, 2009 or July 1, 2010, as it finds most convenient and efficient for its circumstances.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-4-102(a)(xx).

§ 16-4-110. Limitation on appropriations.

The governing body of a municipality shall not make any appropriation in the final budget of any fund in excess of the estimated expendable revenue of the fund for the budget year.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-326; Laws 1982, ch. 62, § 3.

§ 16-4-111. Adoption of budget.

1. Within twenty-four (24) hours of the conclusion of the public hearing under W.S. 16-4-109(b), the governing body of each municipality shall, by resolution or ordinance, make the necessary appropriations and adopt the budget, which, subject to future amendment, shall be in effect for the next fiscal year or two (2) fiscal years pursuant to W.S. 16-4-104(h).
2. Prior to adopting the budget, the county commissioners may veto, in whole or in part, line items of budgets presented by boards which were totally appointed by the county commissioners.
3. Boards, the members of which are appointed by the county commissioners, shall expend funds only as authorized by the approved budget unless a departure from the budget is authorized by the board of county commissioners.
4. As provided by W.S. 39-13-104(k), a copy of the adopted budget, certified by the budget officer, shall be furnished the county commissioners for the necessary property tax levies. Certified copies of the adopted budget shall be on file in the office of the budget officer for public inspection. Copies of school district budgets shall be furnished to the state department of education and copies of community college budgets shall be furnished to the community college commission. This section also applies to entities described in W.S. 16-4-125(c) excluding incorporated cities and towns under four thousand (4,000) inhabitants.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-327; Laws 1982, ch. 62, § 3; 1985, ch. 208, § 2; 1989, ch. 105, § 1; 1998, ch. 5, § 2; 2000, ch. 9, § 1; 2001, ch. 194, § 1; ch. 199, § 1; 2009, ch. 90, § 2; 2017, ch. 62, § 2.

The 2009 amendment, effective July 1, 2009, in (d) substituted “16-4-125(c)” for “16-4-104(g)” in the last sentence.

The 2017 amendment, effective July 1, 2017, in (d), deleted “districts and” following “also applies to.”

Editor's notes. —

Laws 2009, ch. 90, § 4, effective July 1, 2009, provides: “It is the intent of this act to impose a fiscal year of July 1 through June 30 on all governmental entities in this state, including all agencies, boards, commissions, institutions, instrumentalities, political subdivisions and special districts, no matter how formed, unless specifically exempted or otherwise authorized by law. The intent of this act is to repeal any noncodified provision which conflicts with the provisions of this act, including but not limited to earlier adopted government reorganization acts. Any entity required to change its current fiscal year of operation may elect to extend its current fiscal year or shorten its current fiscal year and commence its next fiscal year on July 1, 2009 or July 1, 2010, as it finds most convenient and efficient for its circumstances.”

§ 16-4-112. Transfer of unencumbered or unexpended appropriation balances.

At the request of the budget officer or upon its own motion after publication of notice, the governing body may by resolution transfer any unencumbered or unexpended appropriation balance or part thereof from one (1) fund, department or account to another.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-328; Laws 1982, ch. 62, § 3.

§ 16-4-113. General fund budget increase.

The budget of the general fund may be increased by resolution of the governing body. The source of the revenue shall be shown whether unanticipated, unappropriated surplus, donations, etc.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-329; Laws 1982, ch. 62, § 3.

§ 16-4-114. Emergency expenditures.

If the governing body determines an emergency exists and the expenditure of money in excess of the general fund budget is necessary, it may make the expenditures from revenues available under W.S. 16-4-105(a)(ii) as reasonably necessary to meet the emergency. Notice of the declaration of emergency shall be published in a newspaper of general circulation in the municipality.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-330; Laws 1982, ch. 62, § 3.

Provision was made in the Municipal Budget Act (now repealed) for unanticipated expenditures. Wyoming State Treasurer v. Casper, 551 P.2d 687, 1976 Wyo. LEXIS 202 (Wyo. 1976).

§ 16-4-115. Appropriations lapse; prior claims.

All appropriations excluding appropriations for capital projects shall lapse following the close of the budget year to the extent they are not expended or encumbered. All claims incurred prior to the close of any fiscal year shall be treated as if properly encumbered.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-331; Laws 1982, ch. 62, § 3.

§ 16-4-116. Transfer of special fund balances.

If the necessity to maintain any special revenue or assessment fund ceases and there is a balance in the fund, the governing body shall authorize the transfer of the balance to the fund balance account in the general fund. Any balance which remains in a capital improvements or capital projects fund shall be transferred to the appropriate debt service fund or other fund as the bond ordinance requires or to the general fund balance account.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-332; Laws 1982, ch. 62, § 3.

§ 16-4-117. Interfund loans.

The governing body may authorize interfund loans from one (1) fund to another at interest rates and terms for repayment as it may prescribe and may invest available cash in any fund as provided by law.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-333; Laws 1982, ch. 62, § 3.

§ 16-4-118. Special assessments.

Money received by the municipal treasurer from any special assessment shall be applied towards payment of the improvement for which the assessment was approved. The money shall be used exclusively for the payment of the principal and interest on the bonds or other indebtedness incurred to finance the improvements except as provided in W.S. 16-4-116 .

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-334; Laws 1982, ch. 62, § 3.

§ 16-4-119. Financial statements and reports; public inspection.

1. The budget officer shall present to the governing body the statement and reports provided by subsection (b) of this section.
2. Appropriate interim financial statements and reports of financial position, operating results and other pertinent information may be prepared to facilitate management control of financial operations and, where necessary or desired, for external reporting purposes as required by the governing body.
3. All financial statements made pursuant to this section shall be open for public inspection during regular business hours.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-335; Laws 1982, ch. 62, § 3.

§ 16-4-120. Prescribed accounting systems.

1. Each municipality shall maintain their accounting records in accordance with generally accepted accounting principles.
2. Each school district and community college shall continue to maintain the uniform system of accounting prescribed by the state department of education and the community college commission.
3. Each county and special district hospital shall continue to maintain the uniform system of accounting in accordance with generally accepted accounting principles and federal hospital regulations.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-337; Laws 1982, ch. 62, § 3.

Applied in

Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

§ 16-4-121. Required annual audits; conduct; expenses; commencement and completion; additional requirements for school audits.

1. The governing body of each municipality shall cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the municipality for each fiscal year. At the option of the governing body, audits may be made at more frequent intervals.
2. The governing body shall make available all documents and records required to perform the audit upon request by the independent auditor.
3. The audits shall be conducted by independent auditors in accordance with generally accepted auditing standards as promulgated by the AICPA in their guidelines for audits of state and local government units. The audit procedures shall be performed in accordance with “Government Auditing Standards”, issued by the comptroller general of the United States. Any audit performed shall comply with the requirements of W.S. 9-1-507 .
4. The expenses of audits required by this act shall be paid by the municipality for which the audit is made.
5. The first audit shall commence with the fiscal year ending June 30, 1982 and thereafter at the end of each fiscal year. Except for school audits which shall be completed by November 15 following the end of the audited fiscal year, the audits shall be completed not more than six (6) months after the end of the fiscal year being audited. If within seven (7) months after the end of the fiscal year, a copy of an audit report has not been received by the director of the state department of audit, inquiry shall be made by the director. If the municipality has failed to have an annual audit commenced, the director shall make written demand on the governing body to commence the annual audit within thirty (30) days. If the annual audit report of a municipality is not filed with the director within nine (9) months after the end of the fiscal year, the director shall contract with an independent auditor to conduct the audit and shall reimburse the independent auditor from sufficient state revenues and grants withheld from the municipality when certified by the director to the state treasurer, to pay the expenses of the audit. If there are no state funds which may be withheld, the director shall require the municipality to pay the audit expenses from any funds available and certify the amount to be collected to the attorney general for appropriate legal proceedings.
6. County memorial hospitals and hospital districts shall have an annual audit conducted by an independent certified public accountant in accordance with generally accepted government auditing standards applicable to the district or entity. The audit expense shall be included in the operating budget of the district or entity.
7. Each year an audit shall be made in accordance with the requirements of subsection (c) of this section and a report filed for the immediately succeeding fiscal year as necessary to determine foundation program guarantees and account expenditures by school districts.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-338; Laws 1982, ch. 62, § 3; 1988, ch. 82, § 1; 1989, ch. 157, § 1, ch. 260, § 1; 1991, ch. 240, § 1; 1995, ch. 199, § 1; 1998, ch. 13, § 1; 2001, ch. 199, § 1; 2002 Sp. Sess., ch. 26, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-4-102(a)(xx).

Applied in

Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

§ 16-4-122. Required annual audits; reports; contents and filing.

1. Audit reports shall conform to generally accepted accounting principles as provided by W.S. 16-4-121(c).
2. Copies of the audit reports shall be filed with and preserved by the county clerk of each affected county and shall be open to inspection by any interested person. Copies of all audits shall also be filed with the director of the state department of audit. Copies of school audits shall also be filed with the state department of education on or before December 15 following the end of the audited fiscal year. Copies of community college audit findings shall also be filed with the community college commission and the state budget department as provided by W.S. 21-18-204 .

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-339; Laws 1982, ch. 62, § 3; 1988, ch. 82, § 1; 1989, ch. 260, § 1; 1991, ch. 240, § 1; 1995, ch. 199, § 1; 2000, ch. 73, § 1; 2021, ch. 56, § 3.

Cross references. —

As to establishment of state department of education, see § 21-2-104 . As to creation of community college commission, see § 21-18-201 .

The 2021 amendment, in the last sentence of (b), added "state" preceding "budget," deleted "division of the" preceding "department" and "of administration and information" preceding "as provided."

Laws 2021, ch. 56, § 7, 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 April 1, 2021.

Applied in

Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

§ 16-4-123. Examinations of audit reports; violations; malfeasance by public officers and employees.

1. The director of the state department of audit shall monitor and may examine each audit to determine if the audit is in compliance with this act. The director shall have access to the working papers of the auditor. If the director determines an audit is not in compliance with this act, he shall notify the governing body of the municipality and the auditor submitting the audit report and in the case of a school district audit, the state department of education, by submitting to them a statement of deficiencies. If the deficiencies are not corrected within ninety (90) days from the date of the statement of deficiencies or within twelve (12) months after the end of the fiscal year of the municipality, whichever is later, the director shall proceed in the same manner as if no report had been filed.
2. If the director of the state department of audit, in examining any audit report, finds an indication of violation of state law, he shall, after making an investigation as deemed necessary, consult with the attorney general, and if after investigation and consultation there is reason to believe there has been a violation of state law on the part of any person, the facts shall be certified to the attorney general who shall cause appropriate proceedings to be brought.
3. If it appears an auditor has knowingly issued an audit report under the provisions of this act containing any false or misleading statement, the director of the state department of audit shall report the matter in writing to the Wyoming board of certified public accountants and to the municipality.
4. Any member of the governing body or any member, officer, employee or agent of any department, board, commission or other agency who knowingly and willfully fails to perform any of the duties imposed upon him by this act, or who knowingly and willfully violates any of the provisions of this act, or who knowingly and willfully furnishes to the auditor or his employee any false or fraudulent information is guilty of malfeasance and, upon conviction thereof, the court shall enter judgment to remove the person from office or employment. It is the duty of the court rendering the judgment to cause immediate notice of removal from office or employment to be given to the proper officer of the municipality so the vacancy thus caused may be filled.
5. The director of the state department of audit shall report willful violations of this act by any municipal officer to the attorney general for appropriate criminal and civil proceedings. The county or district attorney shall furnish assistance to the attorney general when requested.

History. Laws 1980, ch. 49, § 1; W.S. 1977, § 9-7-340; Laws 1981, Sp. Sess., ch. 22, § 1; 1982, ch. 62, § 3; 1989, ch. 260, § 1; 1991, ch. 240, § 1; 1995, ch. 199, § 1; 1996, ch. 51, § 1; 2004, ch. 130, § 1.

The 2004 amendment, in (c), substituted “Wyoming board of certified public accountants” for “state board of accountancy.”

Laws 2004, ch. 130, § 4, 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 19, 2004.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 16-4-102(a)(xx).

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “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.”

§ 16-4-124. Payment of expenses to conventions or meetings; required specific appropriation; violation.

It is unlawful for any board of county commissioners or any town or city council to allow or pay out of the county or city funds, any bill for expenses incurred by any county officer or representative of the county, or of any municipal officer, representative or employee incurred while attending any convention or meeting of any peace officers or other convention or meeting of officers, employees or representatives either within or without the state of Wyoming, unless the adopted budget for the city, town or county provides for the payment of actual expense of any officer while attending meetings or conventions within or without the state of Wyoming and then only after the city or town council or board of county commissioners, as the case may be, shall specifically appropriate for those purposes. Any person violating this section is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), imprisoned in the county jail for a period of not less than thirty (30) days, nor more than ninety (90) days, or both.

History. Laws 1931, ch. 102, § 1; R.S. 1931, § 30-142; C.S. 1945, § 20-207; Laws 1951, ch. 89, § 1; 1955, ch. 70, § 1; W.S. 1957, § 9-503; W.S. 1977, § 9-7-101 ; Laws 1981, Sp. Sess., ch. 22, § 1; 1982, ch. 62, § 3; 2001, ch. 199, § 1.

Repealing clauses. —

Section 2, ch. 102, Laws 1931, repeals all laws and parts of laws in conflict with that act.

§ 16-4-125. Fiscal year for governmental entities; budget format for certain entities not subject to the Uniform Municipal Fiscal Procedures Act.

1. The fiscal year for all governmental entities within this state, no matter how formed, shall commence on July 1 in each year, except as otherwise specifically provided or authorized by law.
2. Hospital districts organized under W.S. 35-2-401 through 35-2-438 and rural health care districts organized under W.S. 35-2-701 through 35-2-709 shall have until July 1, 2011 to commence the district fiscal year on July 1 of each year.
3. Incorporated towns not subject to the Uniform Municipal Fiscal Procedures Act and public entities receiving funds from a municipality as defined by W.S. 16-4-102(a)(xiv), shall prepare budgets in a format acceptable to the director of the state department of audit.

History. Laws 2009, ch. 90, § 1; 2017, ch. 62, § 2.

The 2017 amendment , effective July 1, 2017, in (c), deleted “special purpose districts having the authority under the general laws of Wyoming to levy taxes or impose assessments” following “Fiscal Procedures Act.”

Editor's notes. —

Laws 2009, ch. 90, § 4, effective July 1, 2009, provides: “It is the intent of this act to impose a fiscal year of July 1 through June 30 on all governmental entities in this state, including all agencies, boards, commissions, institutions, instrumentalities, political subdivisions and special districts, no matter how formed, unless specifically exempted or otherwise authorized by law. The intent of this act is to repeal any noncodified provision which conflicts with the provisions of this act, including but not limited to earlier adopted government reorganization acts. Any entity required to change its current fiscal year of operation may elect to extend its current fiscal year or shorten its current fiscal year and commence its next fiscal year on July 1, 2009 or July 1, 2010, as it finds most convenient and efficient for its circumstances.”

Effective dates. —

Laws 2009, ch. 90, § 5, makes the act effective July 1, 2009.

§ 16-4-201. Definitions; short title; designation of ombudsman.

1. As used in this act:
   1. “Custodian” means the official custodian or any authorized person having personal custody and control of the public records in question;
   2. “Official custodian” means any officer or employee of a governmental entity, who is responsible for the maintenance, care and keeping of public records, regardless of whether the records are in his actual personal custody and control;
   3. “Person in interest” means the person who is the subject of a record or any representative designated by the person, except if the subject of the record is under legal disability or is the dependent high school student of his parents, “person in interest” means the parent or duly appointed legal representative;
   4. “Political subdivision” means every county, city and county, city, incorporated and unincorporated town, school district and special district within the state;
   5. “Public records” when not otherwise specified includes any information in a physical form created, accepted, or obtained by a governmental entity in furtherance of its official function and transaction of public business which is not privileged or confidential by law. Without limiting the foregoing, the term “public records” includes any written communication or other information, whether in paper, electronic, or other physical form, received by a governmental entity in furtherance of the transaction of public business of the governmental entity, whether at a meeting or outside a meeting. Electronic communications solely between students attending a school in Wyoming and electronic communications solely between students attending a school in Wyoming and a sender or recipient using a nonschool user address are not a public record of that school. As used in this paragraph, a “school in Wyoming” means the University of Wyoming, any community college and any public school within a school district in the state;
   6. Public records  shall be classified as follows:
      1. “Official public records” includes all original vouchers, receipts and other documents necessary to isolate and prove the validity of every transaction relating to the receipt, use and disposition of all public property and public income from all sources whatsoever; all agreements and contracts to which a governmental entity is a party; all fidelity, surety and performance bonds; all claims filed against a governmental entity; all records or documents required by law to be filed with or kept by a governmental entity of Wyoming; and all other documents or records determined by the records committee to be official public records;
      2. “Office files and memoranda” includes all records, correspondence, exhibits, books, booklets, drawings, maps, blank forms, or documents not defined and classified in subparagraph (A) of this subsection as official public records; all duplicate copies of official public records filed with any governmental entity; all documents and reports made for the internal administration of the office to which they pertain but not required by law to be filed or kept with the office; and all other documents or records, determined by the records committee to be office files and memoranda.
   7. Repealed by Laws 2012, ch. 74, § 2.
   8. “This act” means W.S. 16-4-201 through 16-4-205 ;
   9. “Application” means a written request for a public record. However, a designated public records person may in his discretion deem a verbal request to be an application;
   10. “Information” means opinions, facts, or data of any kind and in whatever physical form kept or maintained, including, but not limited to, written, aural, visual, electronic or other physical form;
   11. “Peace officer recording” means any audio or video data recorded by a peace officer, as defined in W.S. 6-1-104(a)(vi), on a camera or other device which is:
       1. Provided to or used by the peace officer in the course of the officer performing official business; and
       2. Designed to be worn on the peace officer’s body or attached to a vehicle, as defined in W.S. 6-1-104(a)(xi), used by the officer.
   12. “Designated public records person” means the person designated as required by W.S. 16-4-202(e) or that person’s designee;
   13. “Governmental entity” means the state of Wyoming, an agency, political subdivision or state institution of Wyoming;
   14. “Ombudsman” means the person designated by the governor as required by subsection (c) of this section.
2. This act shall be known and may be cited as the “Public Records Act.”
3. The governor shall designate an ombudsman for purposes of this act. The ombudsman shall:
   1. Receive complaints as provided under this act;
   2. Upon request of either party, mediate disputes between a governmental entity and an applicant for a public record;
   3. Keep confidential all records submitted by a governmental entity;
   4. Provide uniform interpretation and training on the ombudsman’s role and recommendations under this act to governmental entities and the general public;
   5. Have other authority and duties as provided in this act.

History. Laws 1969, ch. 145, § 1; W.S. 1957, § 9-692.1; W.S. 1977, § 9-9-101 ; Laws 1982, ch. 62, § 3; 2001, ch. 37, § 1; 2012, ch. 74, §§ 1, 2; 2016, ch. 48, § 1; 2017, ch. 201, § 1; 2019, ch. 174, § 1; 2020, ch. 36, § 1.

Cross references. —

Property and Casualty Actuarial Opinions, see § 26-6-401 et seq.

The 2012 amendment, effective July 1, 2012, in (a)(v), substituted “any information in a physical form created, accepted, or obtained by the state or any agency, institution or political subdivision of the state in furtherance of its official function and transaction of public business which is not privileged or confidential by law” for “the original and copies of any paper, correspondence, form, book, photograph, photostat, film, microfilm, sound recording, map drawing or other document, regardless of physical form or characteristics that have been made by the state of Wyoming and any counties, municipalities and political subdivisions thereof and by any agencies of the state, counties, municipalities and political subdivisions thereof, or received by them in connection with the transaction of public business, except those privileged or confidential by law” and added the last sentence; repealed former (a)(vii), which read: “‘Writings’ means all books, papers, maps, photographs, cards, tapes, recordings or other documentary materials, regardless of physical form or characteristics”; and added (a)(ix) and (a)(x).

The 2016 amendment , effective July 1, 2016, in (a)(v), added the last two sentences.

The 2017 amendment , added (a)(xi).

Laws 2017, ch. 201, § 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 13, 2017.

The 2019 amendment, effective July 1, 2019, in (a)(ii), substituted "employee of a governmental entity" for "employee of the state or any agency, institution or political subdivision thereof," in (a)(v), substituted "a governmental entity" for "the state or any agency, institution or political subdivision of the state," throughout, in (a)(vi)(A), substituted "a governmental entity" for "the state or any agency or subdivision thereof," throughout, and "a governmental entity" for "any agency or the state," in (a)(vi)(B), substituted "any governmental entity" for "any agency of the state or subdivision thereof," in (a)(ix), substituted "designated public records person" for "custodian," and added (a)(xii) and (a)(xiii); and added (b).

The 2020 amendment, effective July 1, 2020, added (a)(xiv) and (c).

Editor's notes. —

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

Applicability.—

Special District Public Records and Meetings Act requires that certain documents be readily accessible for public review and providing options for ensuring that review is possible; the Act does not establish or limit the covered entities’ record retention requirements or disclosure requirements, and it is not a substitute for and does not change the applicability of the Wyoming Public Records Act. Wyo. Jet Ctr., LLC v. Jackson Hole Airport Bd., 2019 WY 6, 432 P.3d 910, 2019 Wyo. LEXIS 7 (Wyo. 2019).

By the Special District Public Records and Meetings Act, the legislature included airport joint powers boards alongside special districts, treated them equally, and declared the Wyoming Public Records Act (WPRA) controlling; this is a clear expression of the legislature’s understanding and intention that all the entities subject to the Special District Act are likewise subject to the WPRA’s disclosure requirements. Wyo. Jet Ctr., LLC v. Jackson Hole Airport Bd., 2019 WY 6, 432 P.3d 910, 2019 Wyo. LEXIS 7 (Wyo. 2019).

Special district.—

Jackson Hole Airport Board was established to perform a single public service, operation of the airport, within a specific geographic location, and for purposes of the Wyoming Public Records Act, it is a special district. Wyo. Jet Ctr., LLC v. Jackson Hole Airport Bd., 2019 WY 6, 432 P.3d 910, 2019 Wyo. LEXIS 7 (Wyo. 2019).

Applicability.—

Special District Public Records and Meetings Act requires that certain documents be readily accessible for public review and providing options for ensuring that review is possible; the Act does not establish or limit the covered entities’ record retention requirements or disclosure requirements, and it is not a substitute for and does not change the applicability of the Wyoming Public Records Act. Wyo. Jet Ctr., LLC v. Jackson Hole Airport Bd., 2019 WY 6, 432 P.3d 910, 2019 Wyo. LEXIS 7 (Wyo. 2019).

By the Special District Public Records and Meetings Act, the legislature included airport joint powers boards alongside special districts, treated them equally, and declared the Wyoming Public Records Act (WPRA) controlling; this is a clear expression of the legislature’s understanding and intention that all the entities subject to the Special District Act are likewise subject to the WPRA’s disclosure requirements. Wyo. Jet Ctr., LLC v. Jackson Hole Airport Bd., 2019 WY 6, 432 P.3d 910, 2019 Wyo. LEXIS 7 (Wyo. 2019).

Special district.—

Jackson Hole Airport Board was established to perform a single public service, operation of the airport, within a specific geographic location, and for purposes of the Wyoming Public Records Act, it is a special district. Wyo. Jet Ctr., LLC v. Jackson Hole Airport Bd., 2019 WY 6, 432 P.3d 910, 2019 Wyo. LEXIS 7 (Wyo. 2019).

Public records. —

It was error for the director of the Wyoming Division of Criminal Investigation to be ordered to provide a newspaper editor with a list of people possessing a permit or license to carry a concealed weapon in the county, since the records were not public. Pagel v. Franscell, 2002 WY 169, 57 P.3d 1226, 2002 Wyo. LEXIS 190 (Wyo. 2002).

Public inspection of names and salaries of school districtemployees. —

In granting summary judgment in favor of a newspaper, the district court properly ruled as a matter of law that the newspaper was entitled to information concerning the names and salaries of individual employees of a school district. Laramie County Sch. Dist. No. One v. Cheyenne Newspapers, 2011 WY 55, 250 P.3d 522, 2011 Wyo. LEXIS 58 (Wyo. 2011).

Tape of university committee meeting was a public record. —

Tape of a meeting of a committee regarding the misconduct of a university's former manager of transportation services should have been considered a public record because the university took possession of the tape in connection with an internal personnel investigation, which was subject to inspection by any member of the public absent the application of any statutory exemption. Sheaffer v. State ex rel. Univ. of Wyo., 2006 WY 99, 139 P.3d 468, 2006 Wyo. LEXIS 103 (Wyo. 2006).

Quoted in

Laramie River Conservation Council v. Dinger, 567 P.2d 731, 1977 Wyo. LEXIS 276 (Wyo. 1977); Allsop v. Cheyenne Newspapers, Inc., 2002 WY 22, 39 P.3d 1092, 2002 Wyo. LEXIS 21 (Wyo. 2002); Williams v. Matheny, 2017 WY 85, 398 P.3d 521, 2017 Wyo. LEXIS 86 (Wyo. 2017).

Cited in

Houghton v. Franscell, 870 P.2d 1050, 1994 Wyo. LEXIS 30 (Wyo. 1994); Sheridan Newspapers, Inc. v. Bd. of Trs. of Sheridan Cnty. Sch. Dist. #2, 2015 WY 70, 2015 Wyo. LEXIS 81 (May 14, 2015).

Law reviews. —

For case note, “Constitutional Law — A Constitutional Right of Access to State-Held Information. Sheridan Newspapers, Inc. v. City of Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983),” see XIX Land & Water L. Rev. 719 (1984).

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

Accused's right to discovery or inspection of “rap sheets” or similar police records about prosecution witnesses, 10 Cal. 3d 812, 518 P.2d 1353, 1974 Cal. LEXIS 364, 112 Cal. Rptr. 257, ALR3d 820.

What constitutes a public record or document within statute making falsification, forgery, mutilation, removal or other misuse thereof an offense, 75 ALR4th 1067.

What constitutes “final opinion” or “order” of federal administrative agency required to be made available for public inspection and copying within meaning of 5 U.S.C. § 552(a)(2)(A), 114 ALR Fed 287.

What are “records” of agency which must be made available under Freedom of Information Act (5 USC § 552(a)(3)) 153 ALR Fed 571.

What constitutes “agency” for purposes of Freedom of Information Act (5 U.S.C. § 552), 165 ALR Fed 591.

Actions brought under Freedom of Information Act, 5 U.S.C. §§ 522 et seq. — Supreme Court cases, 167 ALR Fed 545.

§ 16-4-202. Right of inspection; rules and regulations; unavailability; training.

1. All public records shall be open for inspection by any person at reasonable times, during business hours of the governmental entity, except as provided in this act or as otherwise provided by law, but the governmental entity may make rules and regulations with reference to the inspection of the records as is reasonably necessary for the protection of the records and the prevention of unnecessary interference with the regular discharge of the duties of the governmental entity. All applications for public records shall be made to the designated public records person.
2. If the public records requested are not in the custody or control of the governmental entity to whom application is made, the designated public records person shall notify the applicant within seven (7) business days from the date of acknowledged receipt of the request of the unavailability of the records sought and provide the name and contact information of the appropriate designated public records person if known.
3. If the public records requested are in the custody and control of the governmental entity to whom application is made,the following shall apply:
   1. If the records are in active use or in storage, and therefore not available at the time an applicant asks to examine them, the designated public records person shall immediately forward the request to the custodian or authorized person having personal custody and control of the public records and shall notify the applicant of this situation within seven (7) business days from the date of acknowledged receipt of the request;
   2. If a public record is readily available, it shall be released immediately to the applicant so long as the release does not impair or impede the governmental entity’s ability to discharge its other duties;
   3. All public records shall be released not later than thirty (30) calendar days from the date of acknowledged receipt of the request unless good cause exists preventing release as authorized by paragraph (iv) of this subsection;
   4. If good cause exists preventing release within the time period specified in paragraph (iii) of this subsection, the public records shall be released on a specified date mutually agreed to by the applicant and the governmental entity. If a release date cannot be agreed upon, the applicant may file a complaint with the ombudsman as provided by paragraph (v) of this subsection;
   5. The applicant may at any time file a complaint with an ombudsman designated by the governor or may petition the district court for a determination as to whether the custodian has demonstrated good cause. In determining whether good cause existed, the ombudsman or district court may consider whether the records are privileged or confidential by law or whether release of the records impairs or impedes the governmental entity’s ability to discharge its other duties. The ombudsman or the district court shall review the records in camera and determine whether redaction of privileged or confidential information would permit release of the records.
4. If a public record exists primarily or solely in an electronic format, the custodian of the record shall so inform the requester. Electronic record inspection and copying shall be subject to the following:
   1. The reasonable costs of producing a copy of the public record shall be borne by the party making the request. The costs may include the cost of producing a copy of the public record and the cost of constructing the record, including the cost of programming and computer services;
   2. A governmental entity shall provide an electronic record, if requested, in alternative electronic file types unless doing so is impractical or impossible;
   3. A governmental entity shall not be required to compile data, extract data or create a new document to comply with an electronic record request;
   4. A governmental entity shall not be required to allow inspection or copying of a record in its electronic format if doing so would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained;
   5. Nothing in this section shall prohibit the governor from enacting any rules pursuant to his authority under W.S. 19-13-104(c)(i).
5. Each governmental entity shall designate a person to receive all applications for public records. The designated public records person shall be an employee, officer, contractor or agent of the governmental entity. The governmental entity shall submit the name, business email address and business mailing address of the designated public records person to the department of administration and information for publication on the department of administration and information official website. The designated public records person shall serve as a point of contact between the governmental entity and applicants seeking public records.

History. Laws 1969, ch. 145, § 2; W.S. 1957, § 9-692.2; W.S. 1977, § 9-9-102; Laws 1982, ch. 62, § 3; 2002 Sp. Sess., ch. 53, § 1; 2005, ch. 174, § 2; 2012, ch. 30, § 3; ch. 74, § 1; 2019, ch. 174, § 1; ch. 186, § 1; 2020, ch. 36, § 1.

Cross references. —

As to examination of books of state, county and municipal institutions, see § 9-1-507 .

As to county records open to public inspection, see § 18-3-103 .

The 2005 amendment, effective July 1, 2005, in (d)(v), substituted “state chief information officer” for “on-line government commission,” and “his” for “its.”

The 2012 amendments. —

The first 2012 amendment, by ch. 30, § 3, in (d)(v), substituted “director of the office of homeland security” for “state chief information officer”; and substituted “W.S. 19-13-104(d)(v)” for “W.S. 9-2-2501 .”

Laws 2012, ch. 30, § 6, 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 8, 2012.

The second 2012 amendment, by ch. 74 § 1, effective July 1, 2012, inserted “during business hours of the state entity or political subdivision” in (a); rewrote (b), which read: “If the public records requested are not in the custody or control of the person to whom application is made, the person shall forthwith notify the applicant of this fact”; and in (c), inserted “or authorized person having personal custody and control of the public records,” and added “within seven (7) business days from the date of acknowledged receipt of the request, unless good cause exists preventing a response within such time period” and the last two sentences.

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

The 2019 amendments. —

The first 2019 amendment, by ch. 174, § 1, effective July 1, 2019, in (a), substituted “governmental entity” or “state entity or political subdivision” and added the last sentence; in (b), substituted “control of the governmental entity” for “control of the person,” “designated public records person” for “custodian or authorized person having personal custody and control of the public records,” and “sought and provide the name and contact information of the appropriate designated public records person if known” for “sought, unless good cause exists preventing a response within such time period. In the event the applicant is not satisfied that good cause exists, the applicant may petition the district court for a determination as to whether the custodian has demonstrated good cause existed”; in the introductory language in (c), substituted “governmental entity” for “person” and “made, the following shall apply” for “made but,” designated part of existing (c) as (c)(i) and (c)(ii), in (c)(i), added “If the records” at the beginning, added “designated public records person shall immediately forward the request to the” preceding “custodian,” substituted “records and shall” for “records shall,” and deleted “unless good cause exists preventing a response within such time period. In the event the applicant is not satisfied that good cause exists, the applicant may petition the district court for a determination as to whether the custodian has demonstrated good cause existed,” in (c)(ii), substituted “governmental entity's” for “agency's,” added (c)(iii) through (c)(v), and made related changes; in (d)(ii), (d)(iii), and (d)(iv), substituted “A governmental entity” for “An agency,” and in (d)(iii), substituted “governmental entity's” for “agency's”; and added (e).

The second 2019 amendment, by ch. 186, § 1, effective July 1, 2019, in (d)(v), substituted “governor” for “director of the office of homeland security” and “W.S. 19-13-104(c)(i)” for “W.S. 19-13-104(d)(v).”

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

The 2020 amendment, effective July 1, 2020, in (a) substituted “governmental entity” for “official custodian of any public records” and “the governmental entity” for “the custodian or his office”; in (d)(ii) substituted “electronic record, if requested, in alternative electronic file types” for “electronic record in alternative formats”; in (d)(iii) deleted “if doing so would impair the governmental entity's ability to discharge its duties”; and in (e) added the second sentence.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a), see § 16-4-201(a)(viii).

Coroner's verdict and case docket sufficient.—

County coroner produced all of the information required because the coroner's verdict and case docket included a reason for the death of the decedent—blood loss resulting from gunshot wounds to the torso—and explained the injuries that caused the fatal blood loss. The coroner did not have an absolute, clear and indisputable duty to provide the detailed information requested by a party, such as additional details or diagrams when listing the cause of death. Williams v. Sundstrom, 2016 WY 122, 385 P.3d 789, 2016 Wyo. LEXIS 137 (Wyo. 2016).

Charges allowed.—

Wyo. Stat. Ann. § 16-4-202(d)(i) (2015) allows a public record custodian to charge for inspection of an electronic record if the inspection request requires production of a copy of the record. Cheyenne Newspapers, Inc. v. Bd. of Trs. Sch. Dist. No. One, 2016 WY 113, 384 P.3d 679, 2016 Wyo. LEXIS 129 (Wyo. 2016).

Limitation on the costs charged under Wyo. Stat. Ann. § 16-4-202(d)(i) (2015) is that they be the reasonable costs of producing a copy. Cheyenne Newspapers, Inc. v. Bd. of Trs. Sch. Dist. No. One, 2016 WY 113, 384 P.3d 679, 2016 Wyo. LEXIS 129 (Wyo. 2016).

School district's charge for retrieving certain school board member email communications was appropriate given that Wyo. Stat. Ann. § 16-4-202(d)(i) allowed a public record custodian to charge for inspection of an electronic record if the inspection request required production of a copy of the record, and the newspaper newspaper had not challenged the reasonableness of the charge imposed. Cheyenne Newspapers, Inc. v. Bd. of Trs. Sch. Dist. No. One, 2016 WY 113, 384 P.3d 679, 2016 Wyo. LEXIS 129 (Wyo. 2016).

Applicability.—

Delay in providing public records requested by an inmate did not amount to a denial because (1) the Wyoming Public Records Act did not support such a notion, (2) Wyo. Stat. Ann. § 16-4-202(c) only made correctional officials respond to the extent the response did not impede the officials' other duties, (3) unique facts made a response particularly time-consuming, and (4) the inmate got all requested documents. Guy v. Lampert, 2016 WY 77, 376 P.3d 499, 2016 Wyo. LEXIS 85 (Wyo. 2016).

Plaintiff's continued insistence on physically inspecting all of the sheriff's files seemed to arise from his concern that the sheriff was “hiding” something from him, but the Supreme Court could not grant him relief on that basis alone. Additionally, it did not appear that the relief plaintiff had requested was contemplated by the Public Records Act, although it was not necessary to resolve that issue. Williams v. Matheny, 2017 WY 85, 398 P.3d 521, 2017 Wyo. LEXIS 86 (Wyo. 2017).

Federal law. —

The Wyoming Public Records Act, § 16-4-201 et seq., and the Federal Freedom of Information Act have a common objective, which is that disclosure, not secrecy, should prevail. Sublette County Rural Health Care Dist. v. Miley, 942 P.2d 1101, 1997 Wyo. LEXIS 99 (Wyo. 1997).

Provisions construed favoring disclosure. —

The Wyoming Public Records Act, §§ 16-4-201 through 16-4-205 , will receive a liberal construction in favor of disclosure and against withholding, and exemptions will be construed narrowly. Sheridan Newspapers v. Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983); Sublette County Rural Health Care Dist. v. Miley, 942 P.2d 1101, 1997 Wyo. LEXIS 99 (Wyo. 1997).

Exemptions to public disclosure are to be construed narrowly. Laramie River Conservation Council v. Dinger, 567 P.2d 731, 1977 Wyo. LEXIS 276 (Wyo. 1977).

Blanket withdrawal of police logs and reports forbidden. —

The blanket withdrawal of the police rolling log and case reports from public inspection is violative of statutory and constitutional rights. Sheridan Newspapers v. Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983).

Tape of university committee meeting was a public record. —

Tape of a meeting of a committee regarding the misconduct of a university's former manager of transportation services should have been considered a public record because the university took possession of the tape in connection with an internal personnel investigation, which was subject to inspection by any member of the public absent the application of any statutory exemption. Sheaffer v. State ex rel. Univ. of Wyo., 2006 WY 99, 139 P.3d 468, 2006 Wyo. LEXIS 103 (Wyo. 2006).

Stated in

Houghton v. Franscell, 870 P.2d 1050, 1994 Wyo. LEXIS 30 (Wyo. 1994).

Cited in

Laramie County Sch. Dist. No. One v. Cheyenne Newspapers, 2011 WY 55, 250 P.3d 522, 2011 Wyo. LEXIS 58 (Mar. 29, 2011).

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

Restricting public access to judicial records of state courts, 84 ALR3d 598.

Accused's right to discovery or inspection of “rap sheets” or similar police records about prosecution witnesses, Hill v. Superior Court of Los Angeles County (Cal. Feb. 25, 1974), 10 Cal. 3d 812, 112 Cal. Rptr. 257, 518 P.2d 1353, 1974 Cal. LEXIS 364.

What are “records” of agency which must be made available under state freedom of information act, 27 ALR4th 680.

What constitutes an agency subject to application of state freedom of information act, 27 ALR4th 742.

State Freedom of Information Act requests: right to receive information in particular medium or format, 86 ALR4th 786.

Exhaustion of administrative remedies as prerequisite to judicial action to compel disclosure under state freedom of information acts, 114 ALR5th 283.

Construction and application of state freedom of information act provisions concerning award of attorney's fees and other litigation costs,118 ALR 5th 1.

Use of Freedom of Information Act (5 USC § 552) as substitute for, or as means of, supplementing discovery procedures available to litigants in federal civil, criminal, or administrative proceedings, 57 ALR Fed 903.

Power of court under 5 USC § 552(a)(4)(B) to examine agency records in camera to determine propriety of withholding records, 60 ALR Fed 416.

Waiver by federal government agency as affecting agency's right to claim exemption from disclosure requirements, under the Freedom of Information Act ( 5 USC § 552(b)), 67 ALR Fed 595.

What constitutes “final opinion” or “order” of federal administrative agency required to be made available for public inspection and copying within meaning of 5 U.S.C. § 552(a)(2)(A), 114 ALR Fed 287.

What is agency subject to Privacy Act provisions ( 5 U.S.C. § 552a), 150 ALR Fed 521.

What are “records” of agency which must be made available under Freedom of Information Act (5 USC § 552(a)(3)) 153 ALR Fed 571.

§ 16-4-203. Right of inspection; grounds for denial; access of news media; order permitting or restricting disclosure; exceptions.

1. The custodian of any public records shall allow any person the right of inspection of the records or any portion thereof except on one (1) or more of the following grounds or as provided in subsection (b) or (d) of this section:
   1. The inspection would be contrary to any state statute;
   2. The inspection would be contrary to any federal statute or regulation issued thereunder having the force and effect of law; or
   3. The inspection is prohibited by rules promulgated by the supreme court or by the order of any court of record.
2. The custodian may deny the right of inspection of the following records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest:
   1. Records of investigations conducted by, or of intelligence information or security procedures of, any sheriff, county attorney, city attorney, the attorney general, the state auditor, police department or any investigatory files compiled for any other law enforcement or prosecution purposes;
   2. Test questions, scoring keys and other examination data pertaining to administration of a licensing examination and examination for employment or academic examination. Written promotional examinations and the scores or results thereof shall be available for inspection, but not copying or reproduction, by the person in interest after the examination has been conducted and graded;
   3. The specific details of bona fide research projects being conducted by a governmental entity or any other person;
   4. Except as otherwise provided by Wyoming statutes or for the owner of the property, the contents of real estate appraisals made for the governmental entity, relative to the acquisition of property or any interest in property for public use, until such time as title of the property or property interest has passed to the governmental entity. The contents of the appraisal shall be available to the owner of the property or property interest at any time;
   5. Interagency or intraagency memoranda or letters which would not be available by law to a private party in litigation with the agency;
   6. To the extent that the inspection would jeopardize the security of any structure owned, leased or operated by a governmental entity, facilitate the planning of a terrorist attack or endanger the life or physical safety of an individual, including:
      1. Vulnerability assessments, specific tactics, emergency procedures or security procedures contained in plans or procedures designed to prevent or respond to terrorist attacks or other security threats;
      2. Building plans, blueprints, schematic drawings, diagrams, operational manuals or other records that reveal the building’s or structure’s internal layout, specific location, life and safety and support systems, structural elements, surveillance techniques, alarms, security systems or technologies, operational and transportation plans or protocols, personnel deployments for airports and other mass transit facilities, bridges, tunnels, emergency response facilities or structures, buildings where hazardous materials are stored, arenas, stadiums and waste and water systems;
      3. Records of any other building or structure owned, leased or operated by a governmental entity that reveal the building’s or structure’s life and safety systems, surveillance techniques, alarm or security systems or technologies, operational and evacuation plans or protocols or personnel deployments; and
      4. Records prepared to prevent or respond to terrorist attacks or other security threats identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities or laboratories established, maintained, or regulated by a governmental entity.
   7. An application for the position of president of an institution of higher education, letters of recommendation or references concerning the applicant and records or information relating to the process of searching for and selecting the president of an institution of higher education, if the records or information could be used to identify a candidate for the position. As used in this paragraph “institution of higher education” means the University of Wyoming and any community college in this state;
   8. Sensitive wildlife location data in the custody of the game and fish department which could be used to determine the specific location of an individual animal or a group of animals.
3. If the right of inspection of any record falling within any of the classifications listed in this section is allowed to any officer or employee of any newspaper, radio station, television station or other person or agency in the business of public dissemination of news or current events, it may be allowed to all news media.
4. The custodian shall deny the right of inspection of the following records, unless otherwise provided by law:
   1. Medical, psychological and sociological data on individual persons, exclusive of coroners’ verdicts and written dockets as provided in W.S. 7-4-105(a);
   2. Adoption records or welfare records on individual persons;
   3. Personnel files except those files shall be available to the duly elected and appointed officials who supervise the work of the person in interest. Applications, performance ratings and scholastic achievement data shall be available only to the person in interest and to the duly elected and appointed officials who supervise his work. Employment contracts, working agreements or other documents setting forth the terms and conditions of employment of public officials and employees are not considered part of a personnel file and shall be available for public inspection;
   4. Letters of reference;
   5. Trade secrets, privileged information and confidential commercial, financial, geological or geophysical data furnished by or obtained from any person;
   6. Library, archives and museum material contributed by private persons, to the extent of any limitations placed thereon as conditions of the contributions;
   7. Hospital records relating to medical administration, medical staff, personnel, medical care and other medical information, whether on individual persons or groups, or whether of a general or specific classification;
   8. School district records containing information relating to the biography, family, physiology, religion, academic achievement and physical or mental ability of any student except to the person in interest or to the officials duly elected and appointed to supervise him;
   9. Library patron transaction and registration records except as required for administration of the library or except as requested by a custodial parent or guardian to inspect the records of his minor child;
   10. Information obtained through a 911 emergency telephone system or through a verification system for motor vehicle insurance or bond as provided under W.S. 31-4-103(e) except to law enforcement personnel or public agencies for the purpose of conducting official business, to the person in interest, or pursuant to a court order;
   11. Records or information compiled solely for purposes of investigating violations of, and enforcing, internal personnel rules or personnel policies the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
   12. Information regarding the design, elements and components, and location of state information technology security systems and physical security systems;
   13. Records or information relating to individual diagnoses of contagious, infectious, communicable, toxic and genetic diseases maintained or collected by the Wyoming state veterinary laboratory as provided in W.S. 21-17-308(e);
   14. Information concerning an agricultural operation, farming or conservation practice, a surface or subsurface resource or the land itself, if the information was provided by an agricultural producer or owner of agricultural land in order to participate in a program of a governmental entity. The custodian shall also deny the right of inspection to geospatial information maintained about the agricultural land or operations. Provided, however, that if otherwise permitted by law, the inspection of the information described in this paragraph shall be allowed in accordance with the following:
       1. The custodian may allow the right of inspection when responding to a disease or pest threat to agricultural operations, if the custodian determines that a threat to agricultural operations exists and the disclosure of information is necessary to assist in responding to the disease or pest threat as authorized by law;
       2. The custodian shall allow the right of inspection of payment information under a program of a governmental entity, including the names and addresses of recipients of payments;
       3. The custodian shall allow the right of inspection if the information has been transformed into a statistical or aggregate form without naming:
          1. Any individual owner, operator or producer; or
          2. A specific data gathering site.
       4. The custodian shall allow the right of inspection if the disclosure of information is pursuant to the consent of the agricultural producer or owner of the agricultural land;
       5. As used in this paragraph:
          1. “Agricultural operation” means the production and marketing of agricultural products or livestock;
          2. “Agricultural producer” means any producer of livestock, crops or dairy products from an agricultural operation.
   15. Within any record held by a governmental entity, any income tax return or any individual information derived by the governmental entity from an income tax return, however information derived from these documents may be released if sufficiently aggregated or redacted so that the persons or entities involved cannot be identified individually;
   16. Except as required in a contested case hearing, any individual records involved in any workers’ compensation claim, however information derived from these documents may be released if sufficiently aggregated or redacted so that the persons or entities involved cannot be identified individually;
   17. Any records of the consensus revenue estimating group as defined in W.S. 9-2-1002 , that discloses information considered by, or deliberations or tentative decisions of, the group;
   18. Information obtained through a peace officer recording provided that:
       1. The custodian shall allow the right of inspection to law enforcement personnel or public agencies for the purpose of conducting official business or pursuant to a court order;
       2. The custodian may allow the right of inspection:
          1. To the person in interest;
          2. If the information involves an incident of deadly force or serious bodily injury as defined in W.S. 6-1-104(a)(x);
          3. In response to a complaint against a law enforcement personnel and the custodian of the information determines inspection is not contrary to the public interest;
          4. In the interest of public safety.
   19. Any records of the investment funds committee, created by W.S. 9-4-720 , that disclose information considered by the committee, committee deliberations or tentative decisions of the committee;
   20. Information related to legally taking wildlife as provided in W.S. 23-1-302(r).
5. If the custodian denies access to any public record, the applicant may request a written statement of the grounds for the denial. The statement shall cite the law or regulation under which access is denied and shall be furnished to the applicant.
6. Any person aggrieved by the failure of a governmental entity to release records on the specified date mutually agreed upon pursuant to W.S. 16-4-202(c)(iv) or by the failure of a governmental entity to comply with an order of the ombudsman pursuant to W.S. 16-4-202(c)(v) may:
   1. Apply to the district court of the district wherein the record is found for an order to direct the custodian of the record to show cause why he should not permit the inspection of the record and to compel production of the record if applicable. An order issued by the district court under this paragraph may waive any fees charged by the state governmental entity;
   2. File a complaint with the ombudsman who may:
      1. Mediate disputes between the governmental entity and the person;
      2. Prescribe timelines for release of the records;
      3. Waive any fees charged by the governmental entity.
7. If, in the opinion of the official custodian of any public record, disclosure of the contents of the record would do substantial injury to the public interest, notwithstanding the fact that the record might otherwise be available to public inspection, he may apply to the district court of the district in which the record is located for an order permitting him to restrict disclosure. After hearing, the court may issue an order upon a finding that disclosure would cause substantial injury to the public interest. The person seeking permission to examine the record shall have notice of the hearing served upon him in the manner provided for service of process by the Wyoming Rules of Civil Procedure and has the right to appear and be heard.
8. Notwithstanding any other provision of this section, the following applies to the Wyoming natural diversity database located at the University of Wyoming and any report prepared by the custodian from that database:
   1. The custodian may charge a reasonable fee for searching the database and preparing a report from that database information. The interpretation of the database in a report shall not contain recommendations for restrictions on any public or private land use;
   2. The custodian shall allow the inspection of all records in the database at a level of spatial precision equal to the township, but at no more precise level;
   3. Research reports prepared by the custodian funded completely from nonstate sources are subject to paragraph (b) (iii) of this section;
   4. Any record contained in the database pertaining to private land shall not be released by the University of Wyoming without the prior written consent of the landowner. Nothing in this paragraph prohibits the release of any information which would otherwise be available from any other information source available to the public if the original source is cited.

History. Laws 1969, ch. 145, § 3; W.S. 1957, § 9-692.3; W.S. 1977, § 9-9-103; Laws 1981, Sp. Sess., ch. 22, § 1; 1982, ch. 62, § 3; 1987, ch. 62, § 1; 1989, ch. 10, § 1; 1990, ch. 73, § 2; 1991, ch. 123, § 1; 2001, ch. 109, § 1; 2002 Sp. Sess., ch. 53, § 1; 2003, ch. 64, § 1; 2005, ch. 49, § 1; 2006, ch. 54, § 1; ch. 114, § 1; 2011, ch. 144, § 2; 2012, ch. 74, § 1; 2013, ch. 2, § 1; 2015, ch. 131, § 1; 2016, ch. 118, § 2; 2017, ch. 201, § 1; ch. 202, § 2; 2018, ch. 113, § 1; 2019, ch. 174, § 1; 2020, ch. 36, § 1; ch. 108, § 1.

The 2005 amendments. —

The first 2005 amendment, by ch. 49, § 1, effective July 1, 2005, added (d)(xiii).

The second 2005 amendment, by ch. 210, § 2, effective July 1, 2005, in (d)(ix), substituted “patron transaction” for “circulation.”

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

The 2006 amendments. —

The first 2006 amendment, by ch. 54, § 1, effective July 1, 2006, inserted “or through a verification system for motor vehicle insurance or bond as provided under W.S. 31-4-103(e)” in (d)(x).

The second 2006 amendment, by ch. 114, § 1, added “and” at the end of (d)(xii) and made a related change.

Pursuant to the conflicting legislation note in ch. 114, both have been given effect as set out above.

The 2011 amendment, effective July 1, 2011, in (d)(i), substituted “verdicts and written dockets as provided in W.S. 7-4-105(a)” for “autopsy reports.”

The 2013 amendment, added (b)(viii).

Laws 2013, ch 2, § 1, 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 8, 2013.

The 2015 amendment, in (f), substituted “an order directing the custodian” for “an order directing the custodian.”

Laws 2015, ch. 131, § 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 4, 2015.

The 2016 amendment , effective July 1, 2016, added (d)(xvii).

The 2017 amendments. —

The 2017 amendments. — The first 2017 amendment, by ch. 201, § 1, added (d)(xviii).

Laws 2017, ch. 201, § 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 13, 2017.

The second 2017 amendment, by ch. 202, § 2, effective July 1, 2018, added (d)(xviii) redesignated as (d)(xix).

While neither amendment gave effect to the other, both have been set out as reconciled by the legislative service office.

The 2018 amendment, effective July 1, 2018, in (b)(iii), inserted “agency or any other person” following “state institution”; and added (b)(viii).

The 2019 amendment, effective July 1, 2019, in (b)(iii), substituted “governmental entity” for “state institution, agency,” in (b)(iv), substituted “governmental entity” for “state or a political subdivision thereof” and “governmental entity” for “state or political subdivision,” in the introductory language in (b)(vi), (b)(vi)(C), and (b)(vi)(D), substituted “a governmental entity” for “the state or any of its political subdivisions”; in the introductory language in (d)(xiv) and (d)(xiv)(B), substituted “a governmental entity” for “the state or any agency, institution or political subdivision of the state,” in (d)(xv), substituted “a governmental entity” for “an agency,” and “governmental entity” for “agency”; in the introductory language in (f), substituted “aggrieved by the failure of a governmental entity to release records on the specified date mutually agreed upon pursuant to W.S. 16-4-202(c)(iv) or by the failure of a governmental entity to comply with an order of the ombudsman pursuant to W.S. 16-4-202(c)(v) may” for “denied the right to inspect any record covered by this act may,” designated part of existing (f) as (f)(i), and substituted “to direct” for “directing,” and added “record and to compel production of the record if applicable. An order issued by the district court under this paragraph may waive any fees charged by the state governmental entity” at the end, added (f)(ii), and made related changes.

The 2020 amendments. — The first 2020 amendment, by ch. 36, § 1, effective July 1, 2020, in the introductory language of (d)(xiv) added “a surface or subsurface resource” following “conservation practice.”

The second 2020 amendment, by ch. 108, § 1, effective July 1, 2020, added (d)(xx).

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

Editor's notes. —

Laws 2016, ch. 118 § 3, provides: “To the extent any provision of this act conflicts with any provision of 2016 Senate File 0001, as enacted into law, the provisions of Senate File 0001 shall control for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018. This section shall not be interpreted to relieve the governor, legislature or any committee of the legislature from taking any action required in this act. The governor may exercise authority granted under 2016 Senate File 0001 or this act in order to avoid a budget shortfall as defined in W.S. 9-2-1002 for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018.”

Applicability. —

Laws 2013, ch. 2, § 2, provides: “This act shall apply to all records or information as stated in this act relating to the search and selection process for which a board of trustees of an institution of higher education or its agent is considering applications on or after the effective date of this act, and shall include all such records or information whether developed or submitted prior to or after the effective date of this act.”

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (f), see § 16-4-201(a)(viii).

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny 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.”

Relief not available. —

Wyoming Public Records Act did not afford a prisoner any remedies with respect to his request for the department of correction's code of ethics where he chose not to pursue either of the remedies available under Wyo. Stat. Ann. § 16-4-203 , and he was ultimately, albeit belatedly, granted access to the record. Guy v. Lampert, 2015 WY 148, 362 P.3d 331, 2015 Wyo. LEXIS 164 (Wyo. 2015).

Wyoming Public Records Act did not give a district court the authority to grant a prisoner's request for records related to the department of correction's policy where he had not yet filed any requests to inspect those records, and thus, he was asking the district court to rule on requests that he might make in the future. Guy v. Lampert, 2015 WY 148, 362 P.3d 331, 2015 Wyo. LEXIS 164 (Wyo. 2015).

Inmate's constitutional claims in a Wyoming Public Records Act request failed because (1) limited Wyo. Stat. Ann. § 16-4-203(f) judicial review did not include them, and, (2) once records were provided, there was no other remedy. Guy v. Lampert, 2016 WY 77, 376 P.3d 499, 2016 Wyo. LEXIS 85 (Wyo. 2016).

Exemptions to public disclosure are to be construed narrowly. Laramie River Conservation Council v. Dinger, 567 P.2d 731, 1977 Wyo. LEXIS 276 (Wyo. 1977).

Redaction and disclosure appropriate. —

A district court may use redaction as one of the remedies to vindicate the public's interests in access to public records. Redaction is an appropriate tool to be used in circumstances concerning disclosure of public records, and is well established in case law, as well as in statutes. Allsop v. Cheyenne Newspapers, Inc., 2002 WY 22, 39 P.3d 1092, 2002 Wyo. LEXIS 21 (Wyo. 2002).

Where expert issued a report to sheriff on measures required to prevent increased rate of attempted suicides at correctional facility the district court properly concluded that only a portion of the report fit within the statutory exemption to public disclosure under the Wyoming Public Records Act. Allsop v. Cheyenne Newspapers, Inc., 2002 WY 22, 39 P.3d 1092, 2002 Wyo. LEXIS 21 (Wyo. 2002).

Prison officials, in complying with an order to produce information concerning their remedial plan to address shortcomings in the prison's internal investigation process, could not redact from investigative reports the non-confidential information concerning the conditions of confinement but were allowed to redact and not publish to the public or inmates confidential materials relating to medical, personnel, and criminal history records, and information which, under a reasonable person standard, was necessary to protect the safety of inmates cooperating in the investigation process. Skinner v. Uphoff, 2005 U.S. Dist. LEXIS 31945 (D. Wyo. Sept. 27, 2005), aff'd, 175 Fed. Appx. 255, 2006 U.S. App. LEXIS 9237 (10th Cir. Wyo. 2006).

Victim's records not released unless constitutionally material. —

Where the defendant was charged with taking indecent liberties with a minor, the nondisclosure to defense counsel of school records concerning the child did not deny the defendant his constitutional rights to a fair trial and to confront witnesses and to compulsory process, nor did the trial court err in conducting an in-camera review of the records and applying a standard of constitutional materiality in determining which records, if any, were to be released to defendant's counsel. Gale v. State, 792 P.2d 570, 1990 Wyo. LEXIS 48 (Wyo.), reh'g denied, 792 P.2d 570, 1990 Wyo. LEXIS 62 (Wyo. 1990).

Access to police records balanced with competing interests. —

Constitutional rights of access to police records may be, and in Wyoming are, conditioned by statutory restrictions and balanced with relevant competing-interest considerations. Sheridan Newspapers v. Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983).

But provisions construed favoring disclosure. —

The Wyoming Public Records Act, §§ 16-4-201 through 16-4-205 , will receive a liberal construction in favor of disclosure and against withholding, and exemptions will be construed narrowly. Sheridan Newspapers v. Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983).

Blanket withdrawal of police logs and reports forbidden. —

The blanket withdrawal of the police rolling log and case reports from public inspection is violative of statutory and constitutional rights. Sheridan Newspapers v. Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983).

List of people possessing concealed gun permit. —

It was error for the director of the Wyoming Division of Criminal Investigation to be ordered to provide a newspaper editor with a list of people possessing a permit or license to carry a concealed weapon in the county, since the records were not public. Pagel v. Franscell, 2002 WY 169, 57 P.3d 1226, 2002 Wyo. LEXIS 190 (Wyo. 2002).

Names of federal-aid project workers disclosable. —

The phrase “sociological data,” as used in subsection (d)(i), does not authorize the Wyoming transportation department to withhold from disclosure, for purpose of verifying compliance with wage laws, names and addresses on certified payrolls of individuals working on federal-aid projects. Wyoming Dep't of Transp. v. International Union of Operating Eng'rs Local Union 800, 908 P.2d 970, 1995 Wyo. LEXIS 231 (Wyo. 1995).

Legislative intent concerning medical records. —

The legislature intended that the exemption in subsection (d)(vii) is not limited to medical information only. Houghton v. Franscell, 870 P.2d 1050, 1994 Wyo. LEXIS 30 (Wyo. 1994).

Physicians' financial statements. —

Physicians were entitled to an exception from disclosure with regard to financial statements they were required to submit to the district under contract because: (1) disclosure of the physicians' financial reports would be likely to impair the future ability of the district to obtain necessary information; (2) the physicians could not be expected to turn over sensitive financial data if the district was in turn required by law to disseminate that information to the public; and (3) release of the reports would be likely to cause substantial harm to the competitive process of the physicians. Sublette County Rural Health Care Dist. v. Miley, 942 P.2d 1101, 1997 Wyo. LEXIS 99 (Wyo. 1997).

Deliberative process privilege. —

Supreme court waited to decide whether the Wyoming Public Records Act, Wyo. Stat. Ann. §§ 16-4-201 through 16-4-205 , incorporated the deliberative process privilege when it was presented with a case in which it was shown that the records sought to be disclosed would fall within the privilege. Freudenthal v. Cheyenne Newspapers, Inc., 2010 WY 80, 233 P.3d 933, 2010 Wyo. LEXIS 83 (Wyo. 2010).

Deliberative process privilege is incorporated into Wyo. Stat. Ann. § 16-4-203(b)(v) because the privilege is recognized in Wyoming common law. Aland v. Mead, 2014 WY 83, 327 P.3d 752, 2014 Wyo. LEXIS 89 (Wyo. 2014).

When asserting the deliberative process privilege as a basis for withholding disclosure of public documents, the burden remains upon a custodian of the records to overcome the presumption in favor of disclosure as to each document withheld (or redacted), and the custodian must be prepared to provide a written statement of grounds for denial upon request of an applicant, with sufficient information to allow the applicant to evaluate the basis for denial. Aland v. Mead, 2014 WY 83, 327 P.3d 752, 2014 Wyo. LEXIS 89 (Wyo. 2014).

When asserting the deliberative process privilege as a basis for withholding disclosure of public documents, a custodian must insure that the decision to withhold the records satisfies all prongs of the test: 1) it is an interagency or intraagency communication, 2) the communication is pre-decisional and deliberative, and 3) disclosure is not in the public interest. Aland v. Mead, 2014 WY 83, 327 P.3d 752, 2014 Wyo. LEXIS 89 (Wyo. 2014).

First requirement of the deliberative process privilege is that a communication be between employees or officials within an agency or between agencies of the State. Aland v. Mead, 2014 WY 83, 327 P.3d 752, 2014 Wyo. LEXIS 89 (Wyo. 2014).

For a document to be “pre-decisional,” under the deliberative process privilege, the document must be one that is generated prior to the government's adoption of a policy, so the exemption covers recommendations, draft documents, proposals, suggestions, and other subjective documents which would inaccurately reflect or prematurely disclose the views of the agency, suggesting as agency position that which is as yet only a personal position. Aland v. Mead, 2014 WY 83, 327 P.3d 752, 2014 Wyo. LEXIS 89 (Wyo. 2014).

To test if disclosure of a document is likely to adversely affect the purposes of the deliberative process privilege, courts ask if the document is so candid that public disclosure is likely to stifle frank communication within an agency, whether the document is recommendatory in nature or is a draft of what will become a final document, and whether the document is deliberative in nature, weighing the pros and cons of agency adoption of one viewpoint or another. Aland v. Mead, 2014 WY 83, 327 P.3d 752, 2014 Wyo. LEXIS 89 (Wyo. 2014).

Under the deliberative process privilege, even if a document is predecisional at the time the document is prepared, the document can lose that status if the document is adopted, formally or informally, as an agency position on an issue or is used by the agency in the agency's dealings with the public. Aland v. Mead, 2014 WY 83, 327 P.3d 752, 2014 Wyo. LEXIS 89 (Wyo. 2014).

Reasons to be given for withdrawal of records. —

When a custodian withdraws records, reasons therefor must be given so that these reasons may provide grounds for review should court action result. If the custodian gives either no reasons or inadequate reasons for withdrawal, appropriate legal action is available to force an automatic disclosure of the records. Sheridan Newspapers v. Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983).

Factors to be considered in nondisclosure decision. —

See Sheridan Newspapers v. Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983).

Interagency memoranda provision similar to federal provision. —

With respect to interagency memoranda, the Wyoming provision is similar to the federal Freedom of Information Act. Laramie River Conservation Council v. Dinger, 567 P.2d 731, 1977 Wyo. LEXIS 276 (Wyo. 1977).

And transcript of industrial siting council hearing not “memoranda.” —

The recording of a hearing by the Wyoming industrial siting council to consider the granting of a permit authorizing an electrical power cooperative to build certain units of a power plant, in the absence of any other verbatim report, is required by law to be made and kept on file by the agency. That requirement alone takes the transcript outside of the scope of the public records law classification of “memoranda.” Laramie River Conservation Council v. Dinger, 567 P.2d 731, 1977 Wyo. LEXIS 276 (Wyo. 1977).

Tape of university committee meeting was a public record. —

Tape of a meeting of a committee regarding the misconduct of a university's former manager of transportation services should have been considered a public record because the university took possession of the tape in connection with an internal personnel investigation, which was subject to inspection by any member of the public absent the application of any statutory exemption. Sheaffer v. State ex rel. Univ. of Wyo., 2006 WY 99, 139 P.3d 468, 2006 Wyo. LEXIS 103 (Wyo. 2006).

Cited in

Laramie County Sch. Dist. No. One v. Cheyenne Newspapers, 2011 WY 55, 250 P.3d 522, 2011 Wyo. LEXIS 58 (Mar. 29, 2011).

Quoted in

Williams v. Matheny, 2017 WY 85, 398 P.3d 521, 2017 Wyo. LEXIS 86 (Wyo. 2017).

Law reviews. —

For case note, “Constitutional Law — A Constitutional Right of Access to State-Held Information. Sheridan Newspapers, Inc. v. City of Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983),” see XIX Land & Water L. Rev. 719 (1984).

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

Restricting public access to judicial records of state courts, 84 ALR3d 598.

What constitutes preliminary drafts or notes provided by or for state or local governmental agency, or intra-agency memorandums, exempt from disclosure or inspection under state freedom of information acts, 26 ALR4th 639.

What constitutes personal matters exempt from disclosure by invasion of privacy exemption under state freedom of information act, 26 ALR4th 666.

Patient's right to disclosure of his or her own medical records under state freedom of information act, 26 ALR4th 701.

What constitutes “trade secrets” exempt from disclosure under state freedom of information act, 27 ALR4th 773.

Propriety of publishing identity of sexual assault victim, 40 ALR5th 787.

Power of court under 5 USC § 552(a)(4)(B) to examine agency records in camera to determine propriety of withholding records, 60 ALR Fed 416.

Waiver by federal government agency as affecting agency's right to claim exemption from disclosure requirements, under the Freedom of Information Act ( 5 USC § 552(b)), 67 ALR Fed 595.

What constitutes “Trade Secrets and Commercial or Financial Information Obtained From Person and Privileged or Confidential,” exempt from disclosure under Freedom of Information Act ( 5 USC § 552(b)(4)) (FOIA), 139 ALR Fed 225.

What is agency subject to Privacy Act provisions ( 5 U.S.C. § 552a), 150 ALR Fed 521.

What are “records” of agency which must be made available under Freedom of Information Act (5 USC § 552(a)(3)) 153 ALR Fed 571.

What are interagency or intra-agency memorandums or letters exempt from disclosure under the Freedom of Information Act ( 5 U.S.C. 552(b)), 168 ALR Fed 143.

What matters are exempt from disclosure under Freedom of Information Act ( 5 U.S.C. § 552(b)) as “specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy,” 169 ALR Fed 495.

What constitutes “confidential source” within Freedom of Information Act exemption permitting nondisclosure of confidential source and, in some instances, of information furnished by confidential source ( 5 U.S.C. § 552(b)), 171 ALR Fed 193.

Construction and application of FOIA exemption 7(f), 5 U.S.C.A. § 552(b)(7)(F), which permits withholding of information compiled for law enforcement purposes if disclosure could reasonably be expected to endanger life or physical safety, 184 ALR Fed 435.

Use of affidavits to substantiate federal agency's claim of exemption from request for documents under Freedom of Information Act ( 5 U.S.C.A. § 552), 187 ALR Fed 1.

When are government records reasonably “expected to interfere with enforcement proceedings” so as to be exempt from disclosure under Freedom of Information Act provision ( 5 U.S.C.A. § 552(b)(7)(a)) exempting any information “compiled for law enforcement purposes” whenever it “could reasonably be expected to interfere with enforcement proceedings,” 189 ALR Fed 1.

§ 16-4-204. Right of inspection; copies, printouts or photographs; fees.

1. In all cases in which a person has the right to inspect and copy any public records he may request that he be furnished copies, printouts or photographs for a reasonable fee to be set by the official custodian. Where fees for certified copies or other copies, printouts or photographs of the record are specifically prescribed by law, the specific fees shall apply. Nothing in this section shall be construed as authorizing a fee to be charged as a condition of making a public record available for inspection.
2. If the custodian does not have the facilities for making copies, printouts or photographs of records which the applicant has the right to inspect, then the applicant shall be granted access to the records for the purpose of making copies, printouts or photographs. The copies, printouts or photographs shall be made while the records are in the possession, custody and control of the custodian thereof and are subject to the supervision of the custodian. When practical the copy work shall be made in the place where the records are kept, but if it is impractical to do so, the custodian may allow arrangements to be made for this purpose. If other facilities are necessary the cost of providing them shall be paid by the person desiring a copy, printout or photograph of the records. The official custodian may establish a reasonable schedule of time for making copies, printouts or photographs and may charge a reasonable fee for the services rendered by him or his deputy in supervising the copying, printing out or photographing as he may charge for furnishing copies under this section.
3. After July 1, 2003, any fees or charges assessed by a custodian of a public record shall first be authorized by duly enacted or adopted statute, rule, resolution, ordinance, executive order or other like authority.
4. All state agencies may adopt rules and regulations pursuant to the Wyoming Administrative Procedure Act establishing reasonable fees and charges that may be assessed for the costs and services set forth in this section.
5. The department of administration and information shall adopt uniform rules for the use of state agencies establishing procedures, fees, costs and charges for inspection, copies and production of public records under W.S. 16-4-202(d)(i), 16-4-203(h)(i) and 16-4-204 .

History. Laws 1969, ch. 145, § 4; W.S. 1957, § 9-692.4; W.S. 1977, § 9-9-104; Laws 1982, ch. 62, § 3; 2002 Sp. Sess., ch. 53, § 1; 2014, ch. 109, § 1.

Cross references. —

As to reproduction of public records of political subdivisions generally, see § 9-2-413 .

As to duty of county clerk as to reproduction of records, see § 18-3-402 .

The 2014 amendment, effective July 1, 2014, added (e).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

“Hospital records” does not include financial agreements. —

Disclosure of financial agreements between a county and a physician is not an unwarranted invasion of privacy, and such financial agreements are not the type of record the legislature sought to shield from inspection when it exempted hospital records from disclosure. Houghton v. Franscell, 870 P.2d 1050, 1994 Wyo. LEXIS 30 (Wyo. 1994).

Quoted in

Cheyenne Newspapers, Inc. v. Bd. of Trs. Sch. Dist. No. One, 2016 WY 113, 384 P.3d 679, 2016 Wyo. LEXIS 129 (Wyo. 2016).

§ 16-4-205. Penalties; remedies.

Any person who knowingly or intentionally violates the provisions of this act is liable for a penalty not to exceed seven hundred fifty dollars ($750.00). The penalty may be recovered in a civil action and damages may be assessed by the court.

History. Laws 1969, ch. 145, § 5; W.S. 1957, § 9-692.5; W.S. 1977, § 9-9-105; Laws 1982, ch. 62, § 3; 1995, ch. 110, § 1; 2012, ch. 74, § 1; 2019, ch. 174, § 1.

The 2012 amendment, effective July 1, 2012, substituted the first sentence for the former section which read: “Any person who willfully and knowingly violates the provisions of this act is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed seven hundred fifty dollars ($750.00)” and added the second and third sentences.

The 2019 amendment, effective July 1, 2019, substituted “may” for “shall” and deleted the last sentence, which read: “Any action pursuant to this section shall be initiated by the attorney general or the appropriate county attorney.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-4-201(a)(viii).

Cited in

Sheridan Newspapers, Inc. v. Bd. of Trs. of Sheridan Cnty. Sch. Dist. #2, 2015 WY 70, 2015 Wyo. LEXIS 81 (May 14, 2015).

Quoted in

Williams v. Matheny, 2017 WY 85, 398 P.3d 521, 2017 Wyo. LEXIS 86 (Wyo. 2017).

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

Construction and application of state freedom of information act provisions concerning award of attorney's fees and other litigation costs,118 ALR 5th 1.

§ 16-4-301. When documents deemed filed.

1. Any report, claim, tax return, statement or other document or any payment required or authorized to be filed or made to the state of Wyoming or to any political subdivision thereof, which is:
   1. Transmitted through the United States mail, shall be deemed filed or made and received by the state or political subdivisions on the date shown by the post office cancellation mark stamped upon the envelope or other appropriate wrapper containing it;
   2. Mailed but not received by the state or political subdivisions or where received and the cancellation mark is illegible, erroneous or omitted, shall be deemed filed or made and received on the date it was mailed if the sender establishes by competent evidence that the report, claim, tax return, statement or other document or payment was deposited in the United States mail on or before the date for filing or paying.
2. In cases of nonreceipt of any report, tax return, statement or other document or payment required by law to be filed or made, the sender shall file with the state or political subdivision a duplicate within thirty (30) days after written notification is given to the sender that the state or political subdivision did not receive the report, tax return, statement or other document or payment or paragraph (a)(ii) of this section does not apply.

History. Laws 1971, ch. 61, § 1; W.S. 1957, § 9-692.6; W.S. 1977, § 9-10-101 ; Laws 1982, ch. 62, § 3.

Applied in

Fullmer v. Wyoming Emp. Sec. Comm'n, 858 P.2d 1122, 1993 Wyo. LEXIS 141 (Wyo. 1993).

§ 16-4-302. Competent evidence of delivery.

If any report, claim, tax return, statement or other document or payment is sent by United States mail and either registered or certified, a record authenticated by the United States post office of the registration or certification is competent evidence that the report, claim, tax return, statement or other document or payment was delivered to the state officer or state agency or officer or agency of the political subdivision to which addressed, and the date of registration or certification is deemed the postmarked date.

History. Laws 1971, ch. 61, § 2; W.S. 1957, § 9-692.7; W.S. 1977, § 9-10-102; Laws 1982, ch. 62, § 3.

§ 16-4-303. Filing date falling on Saturday, Sunday or legal holiday.

If the date for filing any report, claim, tax return, statement or other document or making any payment falls upon a Saturday, Sunday or legal holiday, the acts shall be considered timely if performed on the next business day.

History. Laws 1971, ch. 61, § 3; W.S. 1957, § 9-692.8; W.S. 1977, § 9-10-103 ; Laws 1982, ch. 62, § 3.

§ 16-4-304. Applicability of provisions.

W.S. 16-4-301 through 16-4-304 apply only to those reports, claims, tax returns, statements and other documents and payments for which failure or neglect to file or make the same subjects a person, firm or corporation to criminal or civil penalties or forfeitures.

History. Laws 1971, ch. 61, § 4; W.S. 1957, § 9-692.9; W.S. 1977, § 9-10-104 ; Laws 1982, ch. 62, § 3.

§ 16-4-401. Statement of purpose.

The agencies of Wyoming exist to conduct public business. Certain deliberations and actions shall be taken openly as provided in this act.

History. Laws 1973, ch. 159, § 1; W.S. 1957, § 9-692.10; W.S. 1977, § 9-11-101 ; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in the second sentence, see § 16-4-402(a)(iv).

City’s negotiations with firefighters’ union. —

City's negotiations with a firefighters' union were subject to public meetings requirements because the city council was required to conduct the negotiations. Int'l Ass'n of Firefighters Local Union No. 279 v. City of Cheyenne, 2013 WY 157, 316 P.3d 1162, 2013 Wyo. LEXIS 163 (Wyo. 2013).

Preliminary gathering not “transaction of business.” —

Where no collective decision, commitment or promise results from a preliminary gathering, there is no “transaction of business” and, therefore, no violation of the public meetings law. Emery v. Rawlins, 596 P.2d 675, 1979 Wyo. LEXIS 420 (Wyo. 1979).

Applied in

Laramie River Conservation Council v. Dinger, 567 P.2d 731, 1977 Wyo. LEXIS 276 (Wyo. 1977); Sheridan Newspapers, Inc. v. City of Sheridan, 660 P.2d 785, 1983 Wyo. LEXIS 289 (Wyo. 1983).

Quoted in

Gronberg v. Teton County Hous. Auth. & Erving W. Mantey & Caryl S. Mantey, 2011 WY 13, 247 P.3d 35, 2011 Wyo. LEXIS 14 (Feb. 1, 2011).

§ 16-4-402. Definitions.

1. As used in this  act:
   1. “Action”  means the transaction of official business of an agency including  a collective decision, a collective commitment or promise to make  a positive or negative decision, or an actual vote upon a motion,  proposal, resolution, regulation, rule, order or ordinance at a meeting;
   2. “Agency”  means any authority, bureau, board, commission, committee, or subagency  of the state, a county, a municipality or other political subdivision  which is created by or pursuant to the Wyoming constitution, statute  or ordinance, other than the state legislature, the judiciary, the consensus revenue estimating  group as defined in W.S. 9-2-1002 and the investment funds committee created by W.S. 9-4-720 ;
   3. “Meeting”  means an assembly of at least a quorum of the governing body of an  agency which has been called by proper authority of the agency for  the expressed purpose of discussion, deliberation, presentation of  information or taking action regarding public business;
   4. “Assembly”  means communicating in person, by means of telephone or electronic  communication, or in any other manner such that all participating  members are able to communicate with each other contemporaneously;
   5. “This  act” means W.S. 16-4-401 through 16-4-408 .

History. Laws 1973, ch. 159, § 1; W.S. 1957, § 9-692.11; W.S. 1977, § 9-11-102 ; Laws 1982, ch. 62, § 3; 1995, ch. 110, § 1; 2005, ch. 194, § 2; 2012, ch. 75, § 1; 2016, ch. 118, § 2; 2017, ch. 202, § 2.

The 2005 amendment, effective July 1, 2005, substituted “16-4-408” for “16-4-407.”

The 2012 amendment, effective July 1, 2012, in (a)(i), deleted “of a governing body” following “collective decision,” and “by a governing body” following “promise” and “actual vote,” and added “at a meeting”; in (a)(iii), inserted “expressed”; added (a)(iv); and redesignated former (a)(iv) as (a)(v).

The 2016 amendment , effective July 1, 2016, substituted “and the consensus revenue estimating group as defined in W.S. 9-2-1002 ” for “and the judiciary” at the end of (a)(ii).

The 2017 amendment , effective July 1, 2018, in (a)(ii) added “and the investment funds committee created by W.S. 9-4-720 ” at the end of the introductory language, made a related change, and made a stylistic change.

Editor's notes. —

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

Laws 2016, ch. 118 § 3, provides: “To the extent any provision of this act conflicts with any provision of 2016 Senate File 0001, as enacted into law, the provisions of Senate File 0001 shall control for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018. This section shall not be interpreted to relieve the governor, legislature or any committee of the legislature from taking any action required in this act. The governor may exercise authority granted under 2016 Senate File 0001 or this act in order to avoid a budget shortfall as defined in W.S. 9-2-1002 for the fiscal biennium commencing July 1, 2016 and ending June 30, 2018.”

"Agency." —

District court properly entered summary judgment in favor of a city in a newspaper's action for an order declaring that a city's employee investment study implementation team must comply with the Wyoming Public Meetings Act because the team was not subject to the Act where, although it was a committee, it was not an “agency” created pursuant to Wyoming constitution, statute, or ordinance, the Act was limited to “meetings of the governing body of an agency,” the team was appropriately created by resolution where its charge was to deal with matters of temporary and special nature, its mandate was to recommend alternatives for the city council to act upon, and its function was of a special and temporary character. Cheyenne Newspapers, Inc. v. City of Cheyenne, 2016 WY 125, 386 P.3d 329, 2016 Wyo. LEXIS 139 (Wyo. 2016).

Preliminary gathering not “transaction of business.” —

Where no collective decision, commitment or promise results from a preliminary gathering, there is no “transaction of business” and, therefore, no violation of the public meetings law. Emery v. Rawlins, 596 P.2d 675, 1979 Wyo. LEXIS 420 (Wyo. 1979).

Informational school board assemblies not “meetings.” —

There was no violation of this section because this article was inapplicable to the informational assemblies of a school board at which no official action was proven to have taken place. Consequently, there were no resulting “meetings.” Ward v. Board of Trustees, 865 P.2d 618, 1993 Wyo. LEXIS 189 (Wyo. 1993).

Actions at meeting conform to law. —

Where the Board's meeting was a rescheduled regular meeting, the board members had proper notice of that meeting and that normal business within the Board's authority would be transacted in accordance with the Wyoming Public Meetings Act, and the decision eliminating plaintiff's position made at that meeting was in conformity with the Act and was lawful. Deering v. Board of Dirs. of the Country Library, 954 P.2d 1359, 1998 Wyo. LEXIS 29 (Wyo. 1998).

Quoted in

Fontaine v. Board of County Comm'rs, 4 P.3d 890, 2000 Wyo. LEXIS 92 (Wyo. 2000); Cheyenne Newspapers, Inc. v. City of Cheyenne, 2016 WY 125, 386 P.3d 329, 2016 Wyo. LEXIS 139 (Wyo. 2016).

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

What is “agency” within meaning of Federal Sunshine Act (5 USC § 552(b)), 68 ALR Fed 842.

§ 16-4-403. Meetings to be open; participation by public; minutes.

1. All meetings of the governing body of an agency are public meetings, open to the public at all times, except as otherwise provided. No action of a governing body of an agency shall be taken except during a public meeting following notice of the meeting in accordance with this act. Action taken at a meeting not in conformity with this act is null and void and not merely voidable.
2. A member of the public is not required as a condition of attendance at any meeting to register his name, to supply information, to complete a questionnaire, or fulfill any other condition precedent to his attendance. A person seeking recognition at the meeting may be required to give his name and affiliation.
3. Minutes of a meeting:
   1. Are required to be recorded but not published from meetings when no action is taken by the governing body;
   2. Are not required to be recorded or published for day-to-day administrative activities of an agency or its officers or employees.
4. No meeting shall be conducted by electronic means or any other form of communication that does not permit the public to hear, read or otherwise discern meeting discussion contemporaneously. Communications outside a meeting, including, but not limited to, sequential communications among members of an agency, shall not be used to circumvent the purpose of this act.

History. Laws 1973, ch. 159, § 1; W.S. 1957, § 9-692.12; W.S. 1977, § 9-11-103 ; Laws 1982, ch. 62, § 3; 1995, ch. 110, § 1; 2012, ch. 75, § 1.

The 2012 amendment, effective July 1, 2012, in (c)(ii), added “or its officers or employees” at the end; and added (d).

Meaning of “this act.” —

For the definition of “this act,” referred to in the second sentence in subsection (a), see § 16-4-402(a)(iv).

"Agency." —

District court properly entered summary judgment in favor of a city in a newspaper's action for an order declaring that a city's employee investment study implementation team must comply with the Wyoming Public Meetings Act because the team was not subject to the Act where, although it was a committee, it was not an “agency” created pursuant to Wyoming constitution, statute, or ordinance, the Act was limited to “meetings of the governing body of an agency,” the team was appropriately created by resolution where its charge was to deal with matters of temporary and special nature, its mandate was to recommend alternatives for the city council to act upon, and its function was of a special and temporary character. Cheyenne Newspapers, Inc. v. City of Cheyenne, 2016 WY 125, 386 P.3d 329, 2016 Wyo. LEXIS 139 (Wyo. 2016).

Preliminary gathering not “transaction of business.” —

Where no collective decision, commitment or promise results from a preliminary gathering, there is no “transaction of business” and no violation of the public meetings law. Emery v. Rawlins, 596 P.2d 675, 1979 Wyo. LEXIS 420 (Wyo. 1979).

Informational school board assemblies not “meetings.” —

There was no violation of this section because this article was inapplicable to the informational assemblies of a school board at which no official action was proven to have taken place. Consequently, there were no resulting “meetings.” Ward v. Board of Trustees, 865 P.2d 618, 1993 Wyo. LEXIS 189 (Wyo. 1993).

New and substantial reconsideration. —

Agency may “cure” a “void” action made in violation of the Public Meetings Act by conducting a new and substantial reconsideration of the action in a manner which complies with the Act; because the undisputed facts showed that the Teton County Housing Authority did conduct a new and substantial reconsideration of its decision to purchase the property, the district court properly granted summary judgment on this issue. Gronberg v. Teton County Hous. Auth., 2011 WY 13, 247 P.3d 35, 2011 Wyo. LEXIS 14 (Wyo. 2011).

Taking of minutes. —

Although no detailed agenda was required for administrative meetings of board of county commissioners with its staff, county clerk was required to attend executive sessions to make minutes and preserve a record of those meetings. Fontaine v. Board of County Comm'rs, 4 P.3d 890, 2000 Wyo. LEXIS 92 (Wyo. 2000).

Quoted in

Mayland v. Flitner, 2001 WY 69, 28 P.3d 838, 2001 Wyo. LEXIS 84 (Wyo. 2001).

§ 16-4-404. Types of meetings; notice; recess.

1. In the absence of a statutory requirement, the governing body of an agency shall provide by ordinance, resolution, bylaws or rule for holding regular meetings unless the agency’s normal business does not require regular meetings in which case the agency shall provide notice of its next meeting to any person who requests notice. A request for notice may be made for future meetings of an agency. The request shall be in writing and renewed annually to the agency.
2. Special meetings may be called by the presiding officer of a governing body by giving verbal, electronic or written notice of the meeting to each member of the governing body and to each newspaper of general circulation, radio or television station requesting the notice. The notice shall specify the time and place of the special meeting and the business to be transacted and shall be issued at least eight (8) hours prior to the commencement of the meeting. No other business shall be considered at a special meeting. Proof of delivery of verbal notice to the newspaper of general circulation, radio or television station may be made by affidavit of the clerk or other employee or officer of the agency charged or responsible for distribution of the notice of the meeting.
3. The governing body of an agency may recess any regular, special, or recessed regular or special meeting to a place and at a time specified in an order of recess. A copy of the order of recess shall be conspicuously posted on or near the door of the place where the meeting or recessed meeting was held.
4. The governing body of an agency may hold an emergency meeting on matters of serious immediate concern to take temporary action without notice. Reasonable effort shall be made to offer public notice. All action taken at an emergency meeting is of a temporary nature and in order to become permanent shall be reconsidered and acted upon at an open public meeting within forty-eight (48) hours, excluding weekends and holidays, unless the event constituting the emergency continues to exist after forty-eight (48) hours. In such case the governing body may reconsider and act upon the temporary action at the next regularly scheduled meeting of the agency, but in no event later than thirty (30) days from the date of the emergency action.
5. Day-to-day administrative activities of an agency, its officers and its employees shall not be subject to the notice requirements of this section.

History. Laws 1973, ch. 159, § 1; W.S. 1957, § 9-692.13; W.S. 1977, § 9-11-104 ; Laws 1982, ch. 62, § 3; 1995, ch. 110, § 1; 2012, ch. 75, § 1.

The 2012 amendment, effective July 1, 2012, in (a), added the last sentence; in (b), inserted “verbal, electronic or written” in the first sentence, added “and shall be issued at least eight (8) hours prior to the commencement of the meeting” to the second sentence, and also added the last sentence; in (d), added “excluding weekends and holidays, unless the event constituting the emergency continues to exist after forty-eight (48) hours” to the second sentence, and also added the last sentence; and in (e), inserted “its officers and its employees.”

Applied in

Palmer v. Board of Trustees, 785 P.2d 1160, 1990 Wyo. LEXIS 3 (Wyo. 1990); Ward v. Board of Trustees, 865 P.2d 618, 1993 Wyo. LEXIS 189 (Wyo. 1993).

Cited in

Deering v. Board Dirs. Fremont Co. Lib., 954 P.2d 1359, 1998 Wyo. LEXIS 29 (Wyo. 1998); Fontaine v. Board of County Comm'rs, 4 P.3d 890, 2000 Wyo. LEXIS 92 (Wyo. 2000); Cheyenne Newspapers, Inc. v. City of Cheyenne, 2016 WY 125, 386 P.3d 329, 2016 Wyo. LEXIS 139 (Wyo. 2016).

§ 16-4-405. Executive sessions.

1. A governing body of an agency may hold executive sessions not open to the public:
   1. With the attorney general, county attorney, district attorney, city attorney, sheriff, chief of police or their respective deputies, or other officers of the law, on matters posing a threat to the security of public or private property, or a threat to the public’s right of access;
   2. To consider the appointment, employment, right to practice or dismissal of a public officer, professional person or employee, or to hear complaints or charges brought against an employee, professional person or officer, unless the employee, professional person or officer requests a public hearing. The governing body may exclude from any public or private hearing during the examination of a witness, any or all other witnesses in the matter being investigated. Following the hearing or executive session, the governing body may deliberate on its decision in executive sessions;
   3. On matters concerning litigation to which the governing body is a party or proposed litigation to which the governing body may be a party;
   4. On matters of national security;
   5. When the agency is a licensing agency while preparing, administering or grading examinations;
   6. When considering and acting upon the determination of the term, parole or release of an individual from a correctional or penal institution;
   7. To consider the selection of a site or the purchase of real estate when the publicity regarding the consideration would cause a likelihood of an increase in price;
   8. To consider acceptance of gifts, donations and bequests which the donor has requested in writing be kept confidential;
   9. To consider or receive any information classified as confidential by law;
   10. To consider accepting or tendering offers concerning wages, salaries, benefits and terms of employment during all negotiations including meetings of the state loan and investment board to receive education regarding and to interview investment managers;
   11. To consider suspensions, expulsions or other disciplinary action in connection with any student as provided by law;
   12. To consider, discuss and conduct safety and security planning that, if disclosed, would pose a threat to the safety of life or property.
2. Minutes shall be maintained of any executive session. Except for those parts of minutes of an executive session reflecting a members’ objection to the executive session as being in violation of this act, minutes and proceedings of executive sessions shall be confidential and produced only in response to a valid court order.
3. Unless a different procedure or vote is otherwise specified by law, an executive session may be held only pursuant to a motion that is duly seconded and carried by majority vote of the members of the governing body in attendance when the motion is made. A motion to hold an executive session which specifies any of the reasons set forth in paragraphs (a)(i) through (xii) of this section shall be sufficient notice of the issue to be considered in an executive session.

History. Laws 1973, ch. 159, § 1; W.S. 1957, § 9-692.14; W.S. 1977, § 9-11-105; Laws 1981, Sp. Sess., ch. 22, § 1; 1982, ch. 62, § 3; 2005, ch. 194, § 2; 2012, ch. 75, § 1; 2020, ch. 82, § 2; 2021, ch. 57, § 1.

The 2005 amendment, effective July 1, 2005, added (b) and (c).

The 2012 amendment, effective July 1, 2012, added the second sentence of (c).

The 2020 amendment, in (a)(x) added “including meetings of the state loan and investment board to receive education regarding and to interview investment managers” at the end.

Laws 2020, ch. 82, § 5, 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 13, 2020.

The 2021 amendment added (a)(xii); and substituted "(xii)" for "(xi)" in the second sentence of (c).

Laws 2021, ch. 56, § 7, 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 April 1, 2021.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-4-402(a)(iv).

Executive session exemption. —

Whether negotiations exchanged between a firefighters' union and a city were public records was not justiciable because the city had not yet been able to decide whether to conduct negotiations in executive session, so there was not yet a basis to determine if the exemption in Wyo. Stat. Ann. § 16-4-405(b) applied. Int'l Ass'n of Firefighters Local Union No. 279 v. City of Cheyenne, 2013 WY 157, 316 P.3d 1162, 2013 Wyo. LEXIS 163 (Wyo. 2013).

In a case in which a newspaper sought a court order requiring a school board to release minutes from any executive session held by the board during which a proposed multi-purpose recreational facility was discussed, the district court erred in concluding that the matters the board discussed during executive sessions fell within the exceptions to the Wyoming Public Meetings Act's requirement; the minutes were not confidential because they revealed nothing substantive about the content of the legal advice the district attorney gave to the board and their disclosure would not, therefore, invade the attorney-client privilege. Sheridan Newspapers, Inc. v. Bd. of Trs. of Sheridan Cnty. Sch. Dist. #2, 2015 WY 70, 350 P.3d 266, 2015 Wyo. LEXIS 81 (Wyo. 2015).

In a case in which a newspaper sought a court order requiring a school board to release minutes from any executive session held by the board during which a proposed multi-purpose recreational facility was discussed, the district court erred in concluding that the matters the board discussed during executive sessions fell within the exceptions to the Wyoming Public Meetings Act's requirement; the minutes were insufficiently descriptive to allow the Supreme Court to conclude that they were properly withheld from disclosure or that the board properly convened executive sessions to have the discussion. Sheridan Newspapers, Inc. v. Bd. of Trs. of Sheridan Cnty. Sch. Dist. #2, 2015 WY 70, 350 P.3d 266, 2015 Wyo. LEXIS 81 (Wyo. 2015).

Limitation on scope of executive sessions. —

Board of county commissioners was not authorized to exclude county clerk and dispense with minutes in order to ensure candor of discussion in executive sessions. Fontaine v. Board of County Comm'rs, 4 P.3d 890, 2000 Wyo. LEXIS 92 (Wyo. 2000).

Review of the record. —

District court improperly dismissed the landowners' claim demanding a record of the executive session as the district court may consider reviewing the record in camera before determining if the matters discussed were appropriately considered in executive session and whether the record was appropriately discoverable under Wyo. Stat. Ann. § 16-4-405(b). Gronberg v. Teton County Hous. Auth., 2011 WY 13, 247 P.3d 35, 2011 Wyo. LEXIS 14 (Wyo. 2011).

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

Confidentiality of proceedings or reports of judicial inquiry board or commission, 5 ALR4th 730.

Pending or prospective litigation exception under state law making proceedings by public bodies open to the public, 35 ALR5th 113.

§ 16-4-406. Disruption of public meetings.

If any public meeting is willfully disrupted by a person or group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of the person or persons who are willfully interrupting the meeting, the governing body of an agency may order the removal of the person or group from the meeting room and continue in session, or may recess the meeting and reconvene at another location. Only matters appearing on the agenda may be acted upon in a meeting recessed to another location. A governing body of an agency shall establish procedures for readmitting an individual or individuals not responsible for disturbing the conduct of a meeting. Duly accredited members of the press or other news media except those who participated in a disturbance shall be allowed to attend any meeting permitted by this section.

History. Laws 1973, ch. 159, § 1; W.S. 1957, § 9-692.15; W.S. 1977, § 9-11-106; Laws 1982, ch. 62, § 3.

§ 16-4-407. Conflict of law.

If the provisions of this act conflict with any other statute, the provisions of this act shall control.

History. Laws 1973, ch. 159, § 1; W.S. 1957, § 9-692.16; W.S. 1977, § 9-11-107; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-4-402(a)(iv).

Particular cases. —

Executive session provision did not authorize board of county commissioners to exclude county clerk from executive sessions, or justify its disregard of clerk's statutory duty to attend and record. Fontaine v. Board of County Comm'rs, 4 P.3d 890, 2000 Wyo. LEXIS 92 (Wyo. 2000).

§ 16-4-408. Penalty.

1. Any member or members of an agency who knowingly or intentionally violate the provisions of this act shall be liable for a civil penalty not to exceed seven hundred fifty dollars ($750.00) except as provided in this subsection. Any member of the governing body of an agency who attends or remains at a meeting knowing the meeting is in violation of this act shall be liable under this subsection unless minutes were taken during the meeting and the parts thereof recording the member’s objections are made public or at the next regular public meeting the member objects to the meeting where the violation occurred and asks that the objection be recorded in the minutes.
2. If any action is prohibited both by this act and any provision of title 6, the provisions of this act shall not apply and the provisions of title 6 shall apply.

History. Laws 2005, ch. 194, § 1; 2012, ch. 75, § 1.

The 2012 amendment, effective July 1, 2012, in (a), substituted “or intentionally violate the provisions of this act shall be liable for a civil penalty not to exceed seven hundred fifty dollars ($750.00) except as provided in this subsection” for “and willfully takes an action in violation of or conspires to take an action in violation of this act shall be guilty of a misdemeanor” in the first sentence, “knowing the meeting” for “where an action is taken knowing that the action” and “liable under this subsection” for “guilty of a misdemeanor,” and deleted the former last sentence which read: “Either misdemeanor violation under this subsection is punishable upon conviction by a fine of not more than seven hundred fifty dollars ($750.00).”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-4-402(a)(iv).

Effective dates. —

Laws 2005, ch. 194, § 3, makes the act effective July 1, 2005.

§ 16-4-501. Definition.

1. Repealed by Laws 1987, ch. 123, § 2.
2. As used in this section and W.S. 16-4-502 , “entity” means a city, town, county, school district, community college district and special taxing district.

History. Laws 1985, ch. 221, § 1; 1987, ch. 123, § 2.

§ 16-4-502. Collection of debts due a governmental entity; discharge of uncollectible debts.

1. The governing body of any governmental entity may authorize the use of the services of a collection agency licensed in Wyoming to assist in the collection of debts due the governmental entity.
2. Any debt due and owing to a governmental entity, which is determined to be uncollectible, shall be certified to the governing body of the entity by the chief administrative officer of the entity to which the debt is due. The certification shall include:
   1. The name and last known address of the debtor;
   2. The goods or services for which the debt was incurred;
   3. The amount of the debt and the date when the debt became due and payable; and
   4. An explanation of what actions have been taken to collect the debt and why the debt has remained unpaid.
3. The governing body to which uncollectible debts are certified shall review the debts and verify to the satisfaction of the governing body that the debtor has no financial means or assets from which the debt may be satisfied. If the governing body determines a debt is uncollectible, it shall direct that the debt be discharged and extinguished as an account receivable or asset of the governmental entity for which the governing body acts.
4. The facts and actions which are the basis for the decision that the debt is uncollectible shall be documented in writing and shall be maintained as required under W.S. 9-2-410 .

History. Laws 1985, ch. 221, § 1; 1987, ch. 123, § 1.

§ 16-4-601. Audit requirements relating to federal aid; frequency of audits.

Any federal audit requirement for state agencies that receive federal aid shall be made in accordance with generally accepted government auditing standards on a biennial basis or as the agency may request.

History. Laws 1986, ch. 40, § 1.

§ 16-5-101. Short title.

This act shall be known and may be cited as the “General Obligation Public Securities Refunding Law”.

History. Laws 1965, ch. 91, § 1; W.S. 1957, § 9-623.1; W.S. 1977, § 9-7-1301; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-5-102(a)(ix).

§ 16-5-102. Definitions.

1. As used in this act:
   1. “Clerk” means the clerk, secretary or other principal clerical officer of the issuer;
   2. “Federal securities” means the bills, certificates of indebtedness, notes, bonds, or similar obligations which are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States of America;
   3. “Governing body” means the city council, town council, commission, board of commissioners, board of trustees, board of directors or other body in which the legislative powers of the issuer are vested;
   4. “Issuer” means the public body issuing any refunding public security pursuant to this act;
   5. “Ordinance” means an ordinance, resolution or other proceeding by which a governing body takes formal action and adopts legislative provisions and matters of some permanency;
   6. “Public body” means any county, city, town, school district or special district created under the laws of this state or any other local government entity;
   7. “Public security” means a bond, note, certificate of indebtedness, warrant or other obligation for the payment of money, issued by any public body of this state, or any predecessor of any public body, which is payable, or which may be paid, from ad valorem taxes, or which constitutes a debt or an indebtedness within the meaning of any constitutional or statutory limitation and bonds issued to pay for improvements in a local improvement district and payable from special assessments under W.S. 15-6-431 through 15-6-447 , but excluding any warrant or similar obligation payable within one (1) year from the date of its issuance or any obligation solely payable from a pledge of designated revenues other than ad valorem taxes;
   8. “Refunding public security” means a public security which is authorized to be issued pursuant to this act;
   9. “This act” means W.S. 16-5-101 through 16-5-119 .

History. Laws 1965, ch. 91, § 2; W.S. 1957, § 9-623.2; W.S. 1977, § 9-7-1302; Laws 1982, ch. 62, § 3; 1983, ch. 168, § 1; 1987, ch. 151, § 1.

Editor's notes. —

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

§ 16-5-103. Authority to refund; purposes therefor.

1. Any public security or securities issued by any public body of the state may be refunded, without an election, by the public body which issued them, or any successor thereof, in the name of the public body which issued the public securities being refunded, but subject to provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, for any one (1) or more of the following purposes:
   1. For extending the maturities of all or any part of outstanding public securities for which payment is in arrears, or for which there is not, or it is certain there will not be, sufficient money to pay the principal or interest on outstanding public securities as the same respectively become due;
   2. For reducing interest costs or effecting other economies;
   3. For reorganizing all or any part of the outstanding public securities of a public body in order to equalize tax levies.

History. Laws 1965, ch. 91, § 3; W.S. 1957, § 9-623.3; W.S. 1977, § 9-7-1303; Laws 1982, ch. 62, § 3.

Editor's notes. —

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

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

Governmental unit's power to issue bonds as implying power to refund them, 1 ALR2d 134.

§ 16-5-104. Interest; terms and conditions; negotiability.

Refunding public securities shall bear interest, payable semiannually or annually, and evidenced by one (1) or two (2) sets of coupons, if any, except that the first coupon or coupons appertaining to a refunding public security may evidence interest for a period not in excess of one (1) year, and refunding public securities may be in one (1) or more series, may bear a date or dates, may mature in an amount or amounts, serially or otherwise, at a time or times not exceeding thirty (30) years from their respective dates, may be in a denomination or denominations, may be payable in a medium of payment, in a place or places within or without the state, including but not limited to the office of the county treasurer of a county in which the issuer is located wholly or in part, may carry registration privileges, may be subject to terms of prior redemption in advance of maturity in order, or by lot, or otherwise, at a time or times with or without premium, may bear privileges for reissuance in the same or other denominations, may be so reissued (without modification of maturities and interest rates) and may be in a form, either coupon or registered, as may be provided by ordinance of the governing body. Except as the governing body may otherwise provide, the refunding public securities and attached interest coupons shall be fully negotiable within the meaning of and for all purposes of the Uniform Commercial Code — Investment Securities [§§ 34.1-8-101 through 34.1-8-603]. Except as otherwise provided each holder of a refunding public security, by accepting the security, shall be conclusively deemed to have agreed that the refunding public security is and shall be fully negotiable within the meaning and for all purposes of the Uniform Commercial Code — Investment Securities.

History. Laws 1965, ch. 91, § 4; W.S. 1957, § 9-623.4; Laws 1971, ch. 254, § 1; W.S. 1977, § 9-7-1304; Laws 1981, ch. 143, § 1; 1982, ch. 28, § 1; ch. 62, § 3.

§ 16-5-105. General prerequisites and limitations.

No public securities may be refunded hereunder unless the holders voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within twenty-five (25) years from the date of issuance of the refunding public securities. Provision shall be made for paying the public securities being refunded within the stated period of time. No maturity of public security being refunded may be extended over twenty-five (25) years. No public security may be refunded hereunder unless the public security has been outstanding for at least one (1) year since the date of its delivery. The principal amount of the refunding public securities may not exceed the original authorized principal amount of the public securities being refunded. The principal amount of the refunding public securities may be less than or the same as the principal amount of the public securities being refunded so long as provision is duly and sufficiently made for the payment of the public securities being refunded.

History. Laws 1965, ch. 91, § 5; W.S. 1957, § 9-623.5; Laws 1969, ch. 71, § 1; 1971, ch. 254, § 2; W.S. 1977, § 9-7-1305; Laws 1981, ch. 143, § 1; 1982, ch. 28, § 1; ch. 62, § 3; 1987, ch. 151, § 1.

Applied in

Rodin v. State ex rel. City of Cheyenne, 417 P.2d 180, 1966 Wyo. LEXIS 155 (Wyo. 1966).

§ 16-5-106. Limitations on number of issues.

A public body may issue refunding public securities to refund one (1) or more or any part of one (1) or more or all issues of its public securities which are outstanding, and refunding public securities and public securities authorized for any other purposes may be issued separately or issued in combination in one (1) series or more by any issuer except as hereafter provided. No two (2) or more issues or parts of issues of outstanding public securities shall be refunded by a single issue of refunding public securities unless the taxable property upon which tax levies are being made for payment of the outstanding public securities is identical to the taxable property on which the levies are being made for the payment of all other outstanding public securities proposed to be refunded by the single issue of refunding public securities. No two (2) or more issues or parts of issues of outstanding public securities or refunding public securities and public securities authorized for any other purposes shall be combined in one (1) issue where more than one (1) constitutional or statutory debt limitation is applicable to the combination.

History. Laws 1965, ch. 91, § 6; W.S. 1957, § 9-623.6; W.S. 1977, § 9-7-1306; Laws 1982, ch. 62, § 3.

§ 16-5-107. Maximum allowable indebtedness.

In no event shall the aggregate amount of indebtedness of any issuer exceed the maximum allowable amount as determined pursuant to the constitutional and statutory provisions, if any, applicable to the issuer. In determining and computing the aggregate amount of indebtedness of any issuer, public securities which have been refunded, as provided in this act, by immediate payment or prior redemption and retirement or by the placement of the proceeds of refunding public securities or investments thereof in escrow, shall not be deemed outstanding indebtedness from and after the date on which sufficient monies are placed with the paying agent of the outstanding public securities for the purpose of immediately paying, or redeeming and retiring the bonds, or from and after the date on which the proceeds of the refunding public securities or investments thereof are placed in escrow.

History. Laws 1965, ch. 91, § 7; W.S. 1957, § 9-623.7; W.S. 1977, § 9-7-1307; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in the second sentence, see § 16-5-102(a)(ix).

§ 16-5-108. Sale or exchange; price.

Any refunding public securities may be delivered in exchange for the outstanding public securities being refunded or may be publicly or privately sold in the manner determined by the governing body. Refunding public securities may be publicly or privately sold at, above, or below the par value thereof.

History. Laws 1965, ch. 91, § 8; W.S. 1957, § 9-623.8; W.S. 1977, § 9-7-1308; Laws 1982, ch. 62, § 3; 1987, ch. 151, § 1.

§ 16-5-109. Costs of refunding.

The incidental costs of the refunding of public securities may be paid by the purchaser of the refunding public securities or defrayed from the general fund of the public body or from the proceeds of the refunding public securities or from the interest or other yield derived from the investment of the proceeds or from other sources legally available therefor.

History. Laws 1965, ch. 91, § 9; W.S. 1957, § 9-623.9; W.S. 1977, § 9-7-1309; Laws 1982, ch. 62, § 3.

Applied in

Rodin v. State ex rel. City of Cheyenne, 417 P.2d 180, 1966 Wyo. LEXIS 155 (Wyo. 1966).

§ 16-5-110. Disposition of proceeds; escrowed proceeds.

The proceeds of refunding public securities shall either be immediately applied to the retirement of the public securities to be refunded or be placed in escrow in any state or national bank within the state which is a member of the federal deposit insurance corporation and which has trust powers, to be applied to the payment of the public securities being refunded upon their presentation. Any accrued interest and any premium appertaining to a sale of refunding public securities may be applied to the payment of the principal and interest, or both may be deposited in a reserve account, or may be used to defray incidental costs, as the governing body may determine. Any escrow shall not be limited to proceeds of refunding public securities, but may include other monies available for its purpose. Any escrowed proceeds, may be invested or reinvested in federal securities. Escrowed proceeds and investments, together with any interest or other yield to be derived from any investment, shall be in an amount at all times sufficient to cover principal, interest, any prior redemption premium due, and any charges of the escrow agent, to pay the public securities being refunded as they become due at their respective maturities or due at designated prior redemption dates in connection with which the governing body of the issuer shall exercise a prior redemption option. The computations made in determining sufficiency shall be verified by a certified public accountant certificated to practice in this state or in any other state. Any purchaser of any refunding public security is not responsible for the application of the proceeds thereof by the issuer or any of its officers, agents or employees.

History. Laws 1965, ch. 91, § 10; W.S. 1957, § 9-623.10; W.S. 1977, § 9-7-1310; Laws 1982, ch. 62, § 3; 2005, ch. 1, § 1.

The 2005 amendment, effective July 1, 2005, substituted “certificated” for “licensed” in the next to last sentence.

Municipal functions not unconstitutionally delegated. —

The provisions of this section, prescribing the powers and duties of the escrow bank with respect to escrowed municipal funds, do not constitute a delegation of power to a private corporation to supervise public moneys, properties or effects, or otherwise perform municipal functions, in contravention of art. 3, § 37, Wyo. Const.Rodin v. State, 417 P.2d 180, 1966 Wyo. LEXIS 155 (Wyo. 1966).

Debt in excess of taxes for current year not created. —

See Rodin v. State, 417 P.2d 180, 1966 Wyo. LEXIS 155 (Wyo. 1966).

§ 16-5-111. Signing, countersigning, execution or attestation of securities or interest coupons; facsimile seals and signatures.

Any refunding public security or interest coupon may be signed, countersigned, executed or attested by the public officials who are authorized by law at the time of the issuance of the refunding public securities to sign, countersign, execute or attest public securities of the issuer of the same general character as those public securities and coupons which are being refunded. In the alternative, the governing body may, in its discretion, designate appropriate public officials to sign, countersign, execute or attest any refunding public security or appurtenant coupon. Any officer so authorized may utilize a facsimile signature in lieu of his manual signature in the manner provided by law, provided that compliance with any law other than this act is not a condition of execution with a facsimile signature of any interest coupon. The clerk may cause the seal or a facsimile of the seal of the issuer to be printed, stamped or otherwise placed on any refunding public security. The facsimile seal shall have the same legal effect as the impression of the seal. Refunding public securities and any coupons bearing the signatures of officers in office on the date of the signing shall be valid and binding obligations of the issuer, notwithstanding that before the delivery and payment any or all persons whose signatures appear have ceased to fill their respective offices. Any officer authorized to sign, countersign, execute or attest any refunding public security or interest coupon, at the time of its execution or of the execution of a signature certificate, may adopt for his facsimile signature the facsimile signature of his predecessor in office in the event the facsimile signature appears upon the refunding public security or coupons, or upon both the public security and coupons.

History. Laws 1965, ch. 91, § 11; W.S. 1957, § 9-623.11; W.S. 1977, § 9-7-1311; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in the third sentence, see § 16-5-102(a)(ix).

§ 16-5-112. Recitals in securities imparting legality.

Any ordinance authorizing, or any other instrument appertaining to, any refunding public securities may provide that each refunding public security authorized shall recite that it is issued under the authority of this act [§§ 16-5-101 through 16-5-119 ]. The recital shall conclusively impart full compliance with all of the provisions and all public securities issued containing the recital are incontestable for any cause whatsoever after their delivery for value.

History. Laws 1965, ch. 91, § 12; W.S. 1957, § 9-623.12; W.S. 1977, § 9-7-1312; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 16-5-102(a)(ix).

§ 16-5-113. Endorsement.

The clerk shall endorse a certificate upon every refunding public security that it is issued pursuant to law and is within the debt limit of the issuer.

History. Laws 1965, ch. 91, § 13; W.S. 1957, § 9-623.13; W.S. 1977, § 9-7-1313; Laws 1982, ch. 62, § 3.

§ 16-5-114. Governing body's determination of legality.

The determination of a governing body that all the limitations hereunder imposed upon the issuance of refunding public securities have been met is conclusive in the absence of fraud or arbitrary and gross abuse of discretion.

History. Laws 1965, ch. 91, § 14; W.S. 1957, § 9-623.14; W.S. 1977, § 9-7-1314; Laws 1982, ch. 62, § 3.

§ 16-5-115. Refunding by divided governing bodies.

When a public body having outstanding indebtedness has been divided and parts thereof included within two (2) or more other public bodies, by any lawful means, the refunding of the securities requires affirmative action by a majority of the members of the governing bodies of each of the public bodies within which any part of the area of the public body which is being lawfully taxed to pay the outstanding indebtedness is then included except as hereinafter provided. The indebtedness of any public body outstanding at the time a part or parts of the public body are detached therefrom by any lawful means, and which public body has retained its lawful corporate existence subsequent to the detachment of the land from the public body may be refunded by action of the governing body of the public body from which land has been detached with or without concurrence or action by the governing board of the public body, if any, within which the detached land is included.

History. Laws 1965, ch. 91, § 15; W.S. 1957, § 9-623.15; W.S. 1977, § 9-7-1315; Laws 1982, ch. 62, § 3.

§ 16-5-116. Financing; annual property tax; other funds.

The governing body shall cause to be levied annually, without limitation of rate or amount, upon all taxable property of the issuer, in addition to other authorized taxes, a sufficient sum to pay the principal of and interest on the refunding public securities until the refunding public securities issued pursuant to this act are fully paid. The governing body may apply any other funds that are in the treasury of the issuer and available for payment of the interest or principal as it respectively matures, and the levy or levies provided for may be diminished. Should the tax for the payment of the principal and interest on any refunding public security at any time not be levied or collected in time to meet the payment, or if the refunding public securities are issued at a time which makes it impossible to levy a tax for the initial installments of principal or interest, the principal or interest so maturing shall be paid out of the general fund of the issuer, or from any other funds available for that purpose. For the purpose of reimbursing the fund or funds the money so used may be repaid from the first monies collected from taxes thereafter levied. The full faith and credit of the issuer shall be pledged for the punctual payment of the principal and interest on the refunding public securities. If the public securities to be refunded and the interest accruing would have been paid from taxes levied upon only part of the taxable property within the boundaries of the issuer, the taxes levied for payment or redemption of the refunding public securities, and the interest accruing shall be levied in the same manner and upon only the same taxable property as would have been levied for the payment of the public securities to be refunded if no refunding of the public securities had been accomplished. Any tax levied to retire any refunding public security issued by a hospital district is subject to the limitations set forth in W.S. 35-2-414 , provided any refunding securities issued under this act to refund local improvement bonds shall be payable solely from and secured by the pledge of special assessments under W.S. 15-6-401 through 15-6-448 .

History. Laws 1965, ch. 91, § 16; W.S. 1957, § 9-623.16; W.S. 1977, § 9-7-1316; Laws 1982, ch. 62, § 3; 1983, ch. 168, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first and last sentences, see § 16-5-102(a)(ix).

§ 16-5-117. Exemption from taxation; exception.

The refunding public securities issued by any issuer pursuant to this act, their transfer, and the income therefrom, shall at all times be free from taxation within the state of Wyoming, except for estate taxes.

History. Laws 1965, ch. 91, § 18; W.S. 1957, § 9-623.18; W.S. 1977, § 9-7-1318; Laws 1982, ch. 62, § 3; ch. 74, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-5-102(a)(ix).

§ 16-5-118. Other outstanding securities.

This act shall have no effect on the legality of any outstanding public security issued for refunding or other purposes pursuant to any other law.

History. Laws 1965, ch. 91, § 20; W.S. 1957, § 9-623.19; W.S. 1977, § 9-7-1319; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-5-102(a)(ix).

§ 16-5-119. Scope, authority and effect of provisions.

This act, without reference to other statutes of the state, except as herein otherwise specifically provided, is full authority for the authorization and issuance of refunding public securities. No other act or law with regard to the authorization or issuance of securities that in any way impedes or restricts the carrying out of the acts herein authorized shall be construed as applying to any proceedings taken or acts pursuant hereto except as otherwise provided. The powers conferred and the limitations imposed by this act are in addition and supplemental to, and not in substitution for, and shall not affect the powers conferred by any other law except as otherwise provided herein.

History. Laws 1965, ch. 91, § 21; W.S. 1957, § 9-623.20; W.S. 1977, § 9-7-1320; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first and last sentences, see § 16-5-102(a)(ix).

§ 16-5-201. Short title.

This act shall be known as the “1965 Public Securities Validation Act”.

History. Laws 1965, ch. 92, § 1; W.S. 1957, § 9-623.21; W.S. 1977, § 9-7-1401; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-5-202(a)(iv).

§ 16-5-202. Definitions.

1. As used in this act:
   1. “Public body” of the state means any state educational institution or other state institution, its board of trustees or other governing body constituting a body corporate, any county, city or town, whether incorporated or governed under a general act, special charter, or otherwise, any school district, high school district, community college district, sanitary and improvement district, hospital district, power district, irrigation district, drainage district, water conservancy district, water district, sewer district, water and sewer district, cemetery district, fire protection district, any other corporate district, any corporate commission or any other political subdivision of the state constituting a body corporate;
   2. “Public security” means a bond, note, certificate of indebtedness, coupon or other similar obligation for the payment of money, issued by this state or by any public body thereof;
   3. “State” means the state of Wyoming and any board, commission, department, corporation, instrumentality or agency thereof;
   4. “This act” means W.S. 16-5-201 through 16-5-204 .

History. Laws 1965, ch. 92, § 2; W.S. 1957, § 9-623.22; W.S. 1977, § 9-7-1402; Laws 1982, ch. 62, § 3.

Editor's notes. —

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

§ 16-5-203. Outstanding securities.

All public securities of the state and of all public bodies outstanding on February 17, 1965, the right to the payment of which has not been barred by any pertinent statute of limitations, and all acts and proceedings taken, or purportedly taken by or on behalf of the state or any public body under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all such public securities, are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions and covenants of any resolution or ordinance appertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of rates, tolls and charges, special assessments, and general and other taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds therefor, appertaining to such public securities, except as hereinafter provided, notwithstanding any lack of power, authority, or otherwise, and notwithstanding any defects and irregularities in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment. Outstanding public securities are and shall be binding, legal, valid and enforceable obligations of the state or the public body issuing them in accordance with their terms and their authorizing proceedings.

History. Laws 1965, ch. 92, § 3; W.S. 1957, § 9-623.23; W.S. 1977, § 9-7-1403; Laws 1982, ch. 62, § 3.

§ 16-5-204. Prior securities; limitations; exceptions.

This act validates any public securities heretofore issued and any acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which the public securities were issued and the acts or proceedings were taken. This act is limited to the validation of public securities, acts and proceedings to the extent they can be effectuated under the state and federal constitutions. This act does not validate, ratify, approve, confirm or legalize any public security, act, proceeding or other matter the legality of which is being contested in any legal proceeding now pending and undetermined, and does not confirm, validate or legalize any public security, act, proceedings, or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.

History. Laws 1965, ch. 92, § 4; W.S. 1957, § 9-623.24; W.S. 1977, § 9-7-1404; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in all three sentences, see § 16-5-202(a)(iv).

§ 16-5-301. Voidness of excessive indebtedness; liability of officer and sureties.

Any indebtedness created by any county, city, town or other subdivision of the state in any current year in excess of that authorized by the constitution of the state and for which there are no revenues available for payment during the current year, shall as against the county, city, town or other subdivision of the state, be void and of no effect. Any officer who participates in creating the indebtedness, and the sureties on his official bond, is personally liable to the holder, or holders, of the indebtedness as fully as if the indebtedness had been contracted for his individual benefit. As used in this section, “current year” means from the first Monday in January of a year to the first Monday in January of the next year.

History. Laws 1899, ch. 89, § 1; R.S. 1899, § 2615; C.S. 1910, § 1353; C.S. 1920, § 1613; R.S. 1931, § 90-101; C.S. 1945, § 20-1201; W.S. 1957, § 9-624; W.S. 1977, § 9-7-1501; Laws 1982, ch. 62, § 3.

§ 16-5-302. Issuance of bonds in series; discharge.

1. Whenever the issuance of bonds by the state, or any county, city, town, school district or high school district, is lawful, the board or other public body having authority to issue the bonds may divide the issues into series so that:
   1. Substantially equal amounts of the indebtedness mature annually;
   2. Substantially equal annual tax levies are required for the payment of principal and interest of the bonds; or
   3. Substantially equal annual tax levies are required for the payment of principal and interest of all outstanding bonds of the state or subdivision thereof issuing the bonds.
2. The bonds of each series shall be due and payable at a definite date within the period permitted by law for the discharge of the indebtedness.

History. Laws 1929, ch. 62, § 1; R.S. 1931, § 90-102; Laws 1939, ch. 57, § 1; C.S. 1945, § 20-1202; W.S. 1957, § 9-625; W.S. 1977, § 9-7-1502; Laws 1982, ch. 62, § 3.

Cross references. —

As to funding and refunding bonds in cities and towns generally, see chapter 8 of title 15.

As to issuance of county funding bonds in the manner prescribed by this section, see § 18-4-501 .

As to issuance of school district refunding bonds, see § 21-13-720 .

Applied in

Jewett v. School Dist., 49 Wyo. 277, 54 P.2d 546, 1936 Wyo. LEXIS 40 (1936).

§ 16-5-303. Redemption of bonds owned by state.

Any bond issued by any county, municipality, school district or other political subdivision of the state and which bond the state owns on any interest payment date, upon thirty (30) days written notice to the state treasurer of the state is subject to redemption on the date by the payment of the principal and interest then due on the bond to the treasurer. Redemption shall be made only from sinking funds of the political subdivisions and not from funds obtained by its refunding of the bonds.

History. Laws 1941, ch. 4, § 1; C.S. 1945, § 20-1203; W.S. 1957, § 9-626; W.S. 1977, § 9-7-1503; Laws 1982, ch. 62, § 3.

Repealing clauses. —

Section 2, ch. 4, Laws 1941, repeals all laws and parts of laws in conflict with that act.

Section inapplicable where provision for prior redemption.—

Where state-held bonds contain an express provision for their prior redemption, this section is inapplicable. Rodin v. State, 417 P.2d 180, 1966 Wyo. LEXIS 155 (Wyo. 1966).

§ 16-5-401. Short title.

This act [§§ 16-5-401 through 16-5-412 ] shall be known and may be cited as the “Bond Anticipation Note Act of 1981”.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1701; Laws 1982, ch. 62, § 3.

§ 16-5-402. Definitions.

1. As used in this act [§§ 16-5-401 through 16-5-412 ]:
   1. “Anticipation note” means notes of the issuer, evidencing short-term borrowings, issued in anticipation of the issuance of bonds which a governing body is authorized to issue;
   2. “Authorizing instrument” means an ordinance, resolution, instrument or other written evidence of a proceeding by which a governing body takes formal action and adopts legislative provisions on matters of some permanency;
   3. “Bonds” means general obligation bonds or revenue bonds of an issuer;
   4. “General obligation bonds” means bonds authorized to be issued by a governing body or any successor thereto which are payable or which may be paid from ad valorem taxes or which constitute a debt or an indebtedness of the issuer within the meaning of any constitutional or statutory limitation, which mature one (1) or more years after the date of their issuance and delivery;
   5. “Governing body” means the city council, town council, commission, board of commissioners, board of trustees, board of directors or other legislative body of an issuer in which the legislative powers of the issuer are vested;
   6. “Issuer” means any Wyoming county, school district, municipal corporation, community college, hospital district, sanitary and improvement district, water district, sewer district, water and sewer district, county improvement and service district or other political subdivision of the state specifically authorized by law to issue any general obligation bond or revenue bond;
   7. “Revenue bond” means bonds authorized to be issued by a governing body or any successor thereto which are payable from a pledge of designated revenues other than ad valorem taxes or special assessments which mature one (1) or more years after the date of their issuance.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1702; Laws 1982, ch. 62, § 3.

Editor's notes. —

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

§ 16-5-403. Authority to issue notes; election thereon.

1. If the qualified electors of an issuer authorize the issuance of bonds or the issuance of anticipation notes at an election held pursuant to W.S. 22-21-101 through 22-21-112 and the governing body of the issuer considers it advisable and in the interests of the issuer, to anticipate the issuance of the bonds, the governing body may from time to time and pursuant to an appropriate authorizing instrument issue its bond anticipation notes.
2. At the election to authorize the issuance of bond anticipation notes, the question shall state the maximum principal amount for which the notes may be issued, which may not exceed the principal amount of the bonds authorized, and the maximum rate of interest that may be paid on the notes.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1703; Laws 1982, ch. 62, § 3.

Cross references. —

As to public body refunding securities, see art. 1 of this chapter.

As to state refunding bonds, see § 9-4-901 et seq.

As to funding and refunding bonds in cities and towns, see chapter 8 of title 15.

§ 16-5-404. Authorizing instrument.

1. Anticipation notes issued pursuant to this act [§§ 16-5-401 through 16-5-412 ] shall be authorized by instrument of the issuer which shall:
   1. Describe the bonds in anticipation of which the notes are to be issued;
   2. Declare the results of the election authorizing the issuance of the bonds wherein the qualified electors of the issuer have approved their issuance in the manner required by law;
   3. Specify the principal amount of the anticipation notes, the rate of interest and maturity date or dates of the anticipation notes, which maturity date or dates shall not exceed three (3) years from the date of issue of the anticipation notes.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1704; Laws 1982, ch. 62, § 3.

Editor's notes. —

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

§ 16-5-405. Manner of issuance; form, terms and conditions.

Anticipation notes shall be issued and sold in such manner and at such price as the governing body determines by the instrument authorizing their issuance. Anticipation notes shall be in bearer form, except that the governing body may provide for the registration of the anticipation notes in the name of the owner either as to principal alone, or as to both principal and interest, and on such other terms and conditions as the governing body determines in the authorizing instrument. Interest on anticipation notes, not to exceed the rate authorized by the electors, may be payable semiannually, annually or at maturity. Anticipation notes may be made redeemable prior to maturity at the option of the governing body in the manner and upon the terms fixed by the instrument authorizing their issuance. Anticipation notes shall be executed and shall be in such form and have such details and terms as provided in the authorizing instrument.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1705; Laws 1982, ch. 62, § 3.

§ 16-5-406. Payment, surrender and cancellation.

Contemporaneously with the issuance of the bonds in anticipation of which anticipation notes have been issued, all anticipation notes issued, even though they may not then have matured, shall be paid, both as to principal and interest to date of payment, and all such notes shall be surrendered and cancelled by the issuer.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1706; Laws 1982, ch. 62, § 3.

§ 16-5-407. Security; sources of payment.

1. Whenever the bonds in anticipation of which notes are issued are to be payable from ad valorem taxes and constitute full general obligations of the municipality, the bond anticipation notes and the interest on them shall be secured by a pledge of the full faith and credit of the municipality in the manner provided in the statutes of the state authorizing their issuance and shall also be made payable from funds derived from the sale of the bonds in anticipation of which the notes are issued.
2. Whenever the bonds in anticipation of which the anticipation notes are to be issued are to be payable solely from revenues pledged for payment of revenue bonds, as provided in the statutes authorizing their issuance, such anticipation notes and the interest on them shall be secured by a pledge of the income and revenues pledged for payment of the revenue bonds and shall also be made payable from funds derived from the sale of the revenue bonds in anticipation of which the notes are issued.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1707; Laws 1982, ch. 62, § 3.

§ 16-5-408. Signing, countersigning, execution or attestation of notes; facsimile seals and signatures.

Any anticipation notes or interest coupon may be signed, countersigned, executed or attested by the public official or officials who are authorized by law at the time of the issuance of the anticipation notes to sign, countersign, execute or attest bonds or interest coupons of the issuer of the same general character as those bonds in anticipation of which the notes are being issued. In the alternative, the governing body may designate appropriate public officials to sign, countersign, execute or attest any anticipation note or appurtenant coupon, if any. Any officer so authorized or designated may utilize a facsimile signature in lieu of his manual signature in the manner provided by law, provided that compliance with any law other than this act [§§ 16-5-401 through 16-5-412 ] is not a condition of execution with a facsimile signature of any interest coupon. The facsimile seal shall have the same legal effect as the impression of the seal. Anticipation notes and any coupons bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations of the issuer, notwithstanding that before the delivery thereof and payment therefor any or all persons whose signatures appear thereon have ceased to fill their respective offices. Any officer of the issuer authorized or designated to sign, countersign, execute or attest any anticipation note or interest coupon, at the time of its execution or of the execution of a signature certificate, may adopt as and for his or her facsimile signature the facsimile signature of his or her predecessor in office in the event that such facsimile signature appears upon the anticipation note or coupons appertaining thereto, or upon both the anticipation notes and such coupons, after their delivery for value.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1708; Laws 1982, ch. 62, § 3.

Cross references. —

As to facsimile seals and signatures of public officials, see chapter 2 of this title.

§ 16-5-409. Recital in notes imparting legality.

Any instrument of an issuer authorizing, or any other instrument appertaining to, any anticipation note may provide that each anticipation note therein authorized shall recite that it is issued under the authority of this act [§§ 16-5-401 through 16-5-412 ]. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all anticipation notes issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1709; Laws 1982, ch. 62, § 3.

§ 16-5-410. Endorsement.

The clerk of the issuer shall endorse a certificate upon every anticipation note that the same is issued pursuant to law and is within the debt limit of the issuer if the notes are issued in anticipation of the issuance of general obligation bonds, or, as to notes issued in anticipation of revenue bonds, that they do not constitute a debt of the issuer within the meaning of any constitutional or statutory provision or limitation.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1710; Laws 1982, ch. 62, § 3.

§ 16-5-411. Governing body's determination of legality.

The determination of a governing body that all the limitations imposed upon the issuance of anticipation notes have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1711; Laws 1982, ch. 62, § 3.

§ 16-5-412. Scope, authority and effect of provisions.

1. This act [§§ 16-5-401 through 16-5-412 ], without reference to other statutes of the state except as herein otherwise specifically provided, constitutes full authority for the authorization and issuance of anticipation notes hereunder. No other act or law with regard to the authorization or issuance of securities by any issuer that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as otherwise expressly provided herein. The powers conferred by this act shall be in addition to and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by any other law applicable to any issuer except as otherwise provided herein.
2. Anticipation notes issued by the University of Wyoming shall be governed by W.S. 21-17-402 through 21-17-450 , the University Securities Law.

History. Laws 1981, ch. 62, § 1; W.S. 1977, § 9-7-1712; Laws 1982, ch. 62, § 3.

§ 16-5-501. Applicability.

This article applies to bonds, notes, warrants, certificates or other securities evidencing loans or the advancement of monies, heretofore or hereafter authorized to be issued by or on behalf of the state or any political subdivision, district, public board, agency, commission, authority or other public body corporate in the state pursuant to any general or special act or pursuant to any lawful legislative or home rule provision.

History. Laws 1983, ch. 89, § 1.

§ 16-5-502. Form, payment and transfer of securities.

1. The securities described in W.S. 16-5-501 shall be in registered or bearer form, with or without interest coupons, be subject to such conditions for transfer, be subject to such provisions for conversion as to denomination or to bearer or registered form, be made registrable or payable, or both, by the treasurer or other officer of the issuing entity, or by trustee, registrar, paying agent or transfer agent within or without the state of Wyoming, be issued, transferred and registered by book entry, be in a denomination, bear such dates, signatures and authentications, and be held in custody by a depository within or without the state of Wyoming, all as may be determined by the entity or the governing body of the entity authorized or empowered to issue the securities. Payment at designated due dates or in installments may be required by the authorizing proceedings to be by check, draft or other medium of payment and need not be conditioned upon presentation of any security or coupon.
2. Bonds issued by or on behalf of a political subdivision of the state may be issued as digital securities, as defined by W.S. 34-29-101(a)(iii), if the bonds are otherwise issued in accordance with all applicable state and federal laws and regulations.

History. Laws 1983, ch. 89,§ 1; 2020, ch. 62, § 1.

The 2020 amendment, effective July 1, 2020, added (b).

§ 16-5-503. Determination by resolution or ordinance.

The determination of the body authorized or empowered to issue securities required by W.S. 16-5-502 shall be made in the resolution or ordinance authorizing the issuance of the securities or in any supplemental ordinance, resolution or other instrument.

History. Laws 1983, ch. 89, § 1.

§ 16-5-504. No restriction on other acts.

This article as to the matters contained herein shall constitute an additional and separate grant of powers and these powers may be exercised without regard to provisions concerning matters in any other act but this article is not a restriction or limitation on the exercise of powers by an issuing entity under any other act.

History. Laws 1983, ch. 89, § 1.

§ 16-6-101. Definitions.

1. As used in this act:
   1. “Resident” means a natural person, association or business entity authorized to be formed under title 17 of the Wyoming statutes, or the laws of another state that are the functional equivalent, and that is certified as a resident by the department of workforce services following receipt of an affidavit executed and sworn to by a chief executive officer of the entity setting forth information required by the department to determine compliance with this act and prior to bidding upon the contract or responding to a request for proposal, subject to the following criteria:
      1. Any natural person who has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal;
      2. A business entity, each member or equity owner of which has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal;
      3. A business entity organized under the laws of the state:
         1. With at least fifty percent (50%) of the equity in the business entity owned by persons who have been residents of the state for one (1) year or more prior to bidding upon the contract or responding to a request for proposal;
         2. Which has maintained its principal office and place of business within the state for at least one (1) year; and
         3. The chief executive officer of the business entity has been a resident of the state for one (1) year or more immediately prior to the business entity’s bidding upon the contract or responding to a request for proposal.
      4. A business entity organized under the laws of the state which has been in existence in the state for one (1) year or more and whose chief executive officer has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal and maintains its principal office and place of business within the state. If at least fifty percent (50%) of the equity in the business entity is owned by nonresidents, the nonresident equity owned by the nonresidents shall:
         1. Have been acquired by nonresidents one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal; or
         2. If it consists of shares in a corporation, be publicly traded and registered under Section 13 or 15(d) of the Securities Exchange Act of 1934 for one (1) or more classes of its shares.
      5. through (G) Repealed by Laws 2013, ch. 134 §  2. (H) Repealed by Laws 2011, ch. 82, § 2. (J) A business entity organized under the laws of any state which has been in existence for two (2) years or more:
         1. Has continuously maintained a principal office and place of business within the state for at least one (1) year;
         2. Has continuously employed not less than fifteen (15) full-time Wyoming resident employees within the state for one (1) year or more prior to bidding upon the contract or responding to a request for proposal; and
         3. Has paid worker’s compensation and unemployment taxes in Wyoming for at least one (1) year and is in good standing with the department of workforce services at the time the bid or request for proposal is submitted. (K) A business entity which qualifies as a resident pursuant to this paragraph shall not lose that residency solely due to a conversion under the provisions of W.S. 17-26-101 or other reorganization as a different business entity; (M) No preference under this article shall be awarded to any contractor who is not a certified resident contractor at the time bids are submitted for a public capital construction project, and no contractor shall receive a contingent or retroactive resident certification.
   2. “Principal office and place of business” means a headquarters or administrative center where:
      1. The high level officers or management direct, control and coordinate the business activities; and
      2. The key business functions are conducted, including, but not limited to project bidding.
   3. “Chief executive officer” means:
      1. For a corporation, the president of the corporation;
      2. For a partnership other than a limited partnership, a partner;
      3. For a limited partnership, a general partner;
      4. For a limited liability company, a designated member or manager of the limited liability company;
      5. For a business entity not specified in subdivisions (A) through (D) of this paragraph, the entity’s president, chairman of the executive committee, senior officer responsible for the entity’s business, chief financial officer or any other individual who performs similar functions as specified by rule of the department. The department may authorize by rule the execution of an affidavit required by paragraph (i) of this subsection by an individual holding a position other than as specified in this paragraph, if the individual holds a position with functions similar to a president of a corporation.
   4. “Department” means the department of workforce services;
   5. “Major maintenance” means the repair or replacement of complete or major portions of building and facility systems at irregular intervals which is required to continue the use of the building or facility at its original capacity for its original intended use and is typically accomplished by contractors due to the personnel demand to accomplish the work in a timely manner, the level of sophistication of the work or the need for warranted work;
   6. “Laborer” means as defined in W.S. 16-6-202(a)(i);
   7. “Materialman” means as defined in W.S. 29-1-201(a)(ix);
   8. “Public entity” means the state of Wyoming, any state office, board, council, commission, separate operating agency, department, institution or other instrumentality or operating unit of the state, including the University of Wyoming, any political subdivision of the state, any county, city, town, school district, community college district or any public corporation of the state;
   9. “Public work” includes alteration, construction, demolition, enlargement, improvement, major maintenance, reconstruction, renovation and repair of any highway, public building, public facility, public monument, public structure or public system;
   10. “State procurement website” means a website that the state construction department designates to host information and notices related to procurement for public works;
   11. “Substantial completion” or “substantially complete” means the public entity has determined that the construction of the public work or designated portion thereof is sufficiently complete in accordance with the contract and associated documents so that the work may be occupied or utilized for its intended purposes;
   12. “This act” means W.S. 16-6-101 through 16-6-121 .

History. Laws 1939, ch. 50, § 4; C.S. 1945, § 22-510; W.S. 1957, § 9-663; Laws 1961, ch. 152, § 1; W.S. 1977, § 9-8-301 ; Laws 1982, ch. 62, § 3; 1987, ch. 223, § 2; 1988, ch. 14, § 1; 1989, ch. 156, § 1; 1990, ch. 63, § 2; 1999, ch. 152, § 1; 2006, ch. 98, § 2; 2007, ch. 163, § 1; 2011, ch. 82, §§ 1, 2; ch. 176, § 1; 2012, ch. 1, § 1; ch. 80, § 1; 2013, ch. 134, §§ 1, 2; 2020, ch. 31, § 1.

The 2006 amendment, effective July 1, 2006, inserted “or responding to a request for proposal” throughout (a).

The 2007 amendment, effective July 1, 2007, in (a), inserted (i)(H), deleted “and subject to W.S. 16-6-102 ” at the end of the introductory language in (a)(i), substituted “limited partnership, registered limited partnership, registered limited liability company or corporation, each member or shareholder of which has been a resident of” for “each member of which has been a resident of,” in (i)(B), rewrote (ii), substituted “16-6-121” for “16-6-119” in (iii); and made stylistic and related changes.

The 2011 amendments. —

The first 2011 amendment, by ch. 82, §§ 1, 2, effective July 1, 2011, inserted “following receipt of an affidavit executed by the president of the company or his designee of compliance with this act and” in the introduction of (a)(i); in (a)(i)(C), added the (a)(i)(C)(I) through (a)(i)(C)(III) designations; in (a)(i)(C)(II), substituted “has maintained” for “maintains” and inserted “for at least one (1) year”; repealed former (a)(i)(H) pertaining to criteria for residents; added (a)(i)(J) and (a)(i)(K); rewrote (a)(ii), which read: “ ‘Office and place of business’ means a headquarters or administrative center where business activities are conducted or controlled”; and made related changes.

The second 2011 amendment, by ch. 176, § 1, deleted “or” at the end of (a)(i)(A).

Laws 2011, ch. 176 § 4, 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, 2011.

Pursuant to the conflicting laws provision in ch. 176, both have been given effect in this section as set out above.

The 2012 amendments. —

The first 2012 amendment, by ch. 1 § 1, effective July 1, 2012, substituted “workforce services” for “employment” in (a)(i) and (a)(i)(J)(III).

The second 2012 amendment, by ch. 80 § 1, in the introductory language of (a)(i), inserted “natural” and “association,” deleted “of employment” and substituted “and sworn to by a chief executive officer of the entity setting forth information required by the department to determine” for “by the president of the company of his designee of”; in (a)(i)(J)(III), substituted “the department” for “Wyoming worker's compensation and department of employment”; added (a)(iii) and (a)(iv); and redesignated former (a)(iii) as (a)(v).

Laws 2012, ch. 80 § 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 15, 2012.

While neither amendment gave effect to the other, both have been set out as reconciled by the legislative service office.

The 2013 amendment, effective July 1, 2014, rewrote (a)(i); added “designated” and “or manager” in (a)(iii)(D); added (a)(v); and redesignated former (a)(v) as (a)(vi).

The 2020 amendment, effective July 1, 2020, added (a)(vi) through (a)(xi); and redesignated former (a)(vi) as (a)(xii).

Editor's notes. —

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

Securities Exchange Act. —

The federal Securities Exchange Act of 1934, referred to in subdivision (a)(i)(D)(II), appears as 15 U.S.C. § 78a et seq.

Party found to be resident Wyoming corporation. —

See Kloefkorn-Ballard Constr. & Dev., Inc. v. North Big Horn Hosp. Dist., 683 P.2d 656, 1984 Wyo. LEXIS 294 (Wyo. 1984).

Applied in

Harding v. State, 478 P.2d 64, 1970 Wyo. LEXIS 212 (Wyo. 1970).

Quoted in

Galesburg Construction Co. v. Board of Trustees, 641 P.2d 745, 1982 Wyo. LEXIS 308 (Wyo. 1982).

§ 16-6-102. Resident contractors; preference limitation with reference to lowest bid or qualified response; decertification; denial of application for residency.

1. If a contract is let by a public entity for a public work, the contract shall be let, if advertisement for bids or request for proposal is not required, to a resident of the state. If advertisement for bids is required, the contract shall be let to the responsible certified resident making the lowest bid if the certified resident’s bid is not more than five percent (5%) higher than that of the lowest responsible nonresident bidder.
2. If any person who is certified as a resident contractor for any reason loses that certification, that person may not be recertified as a resident for a period of one (1) year from the date of decertification.
3. If any person who applies for certification as a resident contractor is denied certification because of not meeting the residency requirements, that person may not reapply for certification for a period of one hundred eighty (180) days from the date certification is denied. No person shall be denied certification because of inadvertent omission of information, as determined by the department of workforce services, on an application for resident certification.
4. Repealed by Laws 2007, ch. 163, § 2.
   1. Repealed by Laws 2007, ch. 163, § 2.
      1. Repealed by Laws 2007, ch. 163, § 2.
      2. Repealed by Laws 1999, ch. 152, § 2.
5. The department shall make investigations as necessary to determine whether any person is eligible to receive or continue to hold a certificate of residency. The department may require or permit any person to file a statement in writing at any time, under oath or otherwise as to all the facts and circumstances concerning the matter to be investigated. For the purpose of any investigation under this section, the director of the department or any person designated by him may administer oaths and affirmations, subpoena witnesses, and compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records, which the director or designated person deems relevant or material to the inquiry. In case of refusal to obey a subpoena issued to any person, any Wyoming district court, upon application by the director, may issue to the person an order requiring him to appear before the director or the officer designated by him, to produce documentary evidence if so ordered, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as contempt of court. The burden of proof regarding the status of the residency is on the person whose residency is in question.
6. If, after investigation, the department believes that a certificate of residency should be denied or revoked, it shall provide notice to the applicant or certificate holder of its intent to deny or revoke the certificate and of the applicant or certificate holder’s opportunity for a hearing if requested. Any hearing conducted under this subsection shall be conducted in accordance with the Wyoming Administrative Procedure Act.

History. Laws 1939, ch. 50, § 1; C.S. 1945, § 22-507; W.S. 1957, § 9-664; W.S. 1977, § 9-8-302 ; Laws 1982, ch. 62, § 3; 1988, ch. 14, § 1; 1989, ch. 156, § 1; 1990, ch. 63, § 2; 1994, ch. 30, § 1; 1999, ch. 152, §§ 1, 2; 2006, ch. 98, § 2; 2007, ch. 163, § 2; 2010, ch. 111, § 1; 2011, ch. 82, § 1; 2012, ch. 1, § 1; ch. 80, § 1; 2013, ch. 134, § 1; 2020, ch. 31, § 1.

The 2006 amendment, effective July 1, 2006, inserted “Unless an alternate design and construction delivery method is used” in (a).

The 2007 amendment, effective July 1, 2007, repealed former (d), (d)(i), and (d)(1)(A), pertaining to grounds for the revocation of a certificate of residency.

The 2010 amendment, effective July 1, 2010, in (a), substituted “If advertisement for bids” for “Unless an alternate design and construction delivery method is used, if advertisement for bids or request for proposal,” and made a related change.

The 2011 amendment, effective July 1, 2011, in (e), substituted “shall” for “may” in the first sentence, inserted “at any time” in the second sentence, and added the present last sentence.

The 2012 amendments. —

The 2012 amendment, by ch. 1, § 1, effective July 1, 2012, substituted “workforce services” for “employment” in (c).

The second 2012 amendment, by ch. 80, § 1, deleted “of employment” following “department” in (c).

Laws 2012, ch. 80 § 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 15, 2012.

Neither amendment gave effect to the other and this section is set out as reconciled by the legislative service office.

The 2013 amendment, effective July 1, 2014, substituted “the construction, major maintenance or renovation” for “erection, construction, alteration or repair” in (a).

The 2020 amendment, effective July 1, 2020, in (a) substituted “let by a public entity for a public work” for “let by the state, any department thereof, or any county, city, town, school district, community college district or other public corporation of the state for the construction, major maintenance or renovation of any public building, or other public structure, or for making any addition thereto, or for any public work or improvements.”

Editor's notes. —

There is no paragraph (d)(ii) in this section as it appears in the printed acts.

This act shall only apply to any contract initially offered or advertised for bids or request for proposal on or after the effective date of this act.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Section is rationally related to the advancement of a legitimate state interest of encouraging local industry. Galesburg Constr. Co. v. Board of Trustees, 641 P.2d 745, 1982 Wyo. LEXIS 308 (Wyo. 1982).

And constitutional. —

This section does not violate art. 1, § 3, Wyo. Const., art. 1, § 6, Wyo. Const., art. 1, § 34, Wyo. Const., or U.S. Const., amend. 14. Galesburg Constr. Co. v. Board of Trustees, 641 P.2d 745, 1982 Wyo. LEXIS 308 (Wyo. 1982).

Lowest resident bidder, denied spraying contract, not denied property right. —

A dusting pilot engaged in the weed and pest control business, who was denied a spraying contract by a private, nonprofit corporation despite being the lowest resident bidder, did not establish his federal civil rights claim. The private corporation's receipt of substantial amount of public funding from a county weed and pest control district, a public corporation, did not convert its status to that of a public corporation. Thus, the pilot had no more than a unilateral expectation of a statutory preference right under this section, and not a legitimate claim of entitlement, i.e., property right. Wright v. No Skiter, Inc., 774 F.2d 422, 1985 U.S. App. LEXIS 21844 (10th Cir. Wyo. 1985).

Section preempts field of residential preference and a city's attempt to legislate in the area of residential preference conflicts with this legislation, uniformly applicable to cities and towns. City of Green River v. Debernardi Constr. Co., 816 P.2d 1287, 1991 Wyo. LEXIS 142 (Wyo. 1991), overruled, W. Wyo. Constr. Co. v. Bd. of County Comm'rs, 2013 WY 63, 301 P.3d 512, 2013 Wyo. LEXIS 67 (Wyo. 2013).

Subsidiary state corporation maintaining existence separate from parent out-of-state corporation deemed resident bidder. —

A state corporation which was a subsidiary of an out-of-state corporation, but which maintained a separate existence, was not governed by the parent corporation, and which had the necessary personnel, equipment and funds (including a note from the parent corporation in writing and requiring the state corporation to pay interest), was a responsible resident bidder and not merely an instrumentality of the parent corporation. Kloefkorn-Ballard Constr. & Dev., Inc. v. North Big Horn Hosp. Dist., 683 P.2d 656, 1984 Wyo. LEXIS 294 (Wyo. 1984).

Substantial evidence of violation not found. —

A finding by the department of employment, labor standards division, state of Wyoming, that a certified resident contractor was using its certificate of residency primarily as a device to obtain benefits of residency for a nonresident contractor was not supported by substantial evidence where the hearing examiner exhibited a disregard of uncontradicted evidence and drew unwarranted conclusions from the facts presented. Department of Emp. v. Roberts Constr. Co., 841 P.2d 854, 1992 Wyo. LEXIS 166 (Wyo. 1992).

Applied in

Harding v. State, 478 P.2d 64, 1970 Wyo. LEXIS 212 (Wyo. 1970); Westates Constr. Co. v. Sheridan County Sch. Dist., 719 P.2d 1366, 1986 Wyo. LEXIS 559 (Wyo. 1986); State v. Antonich, 694 P.2d 60, 1985 Wyo. LEXIS 535 (Wyo. 1985).

Cited in

State v. Antonich, 694 P.2d 60, 1985 Wyo. LEXIS 535 (Wyo. 1985); Western Wyo. Constr. Co. v. Bd. of County Comm'rs of Sublette, 2015 WY 77, 2015 Wyo. LEXIS 86 (May 27, 2015).

Law reviews. —

For comment, “Competitive Bidding on Public Works in Wyoming: Determination of Responsibility and Preference,” see XI Land & Water L. Rev. 243 (1976).

For case note, “Constitutional Law — Equal Protection Analysis. Awarding Public Works Contracts: Granting Preference to Resident Bidders. Galesburg Construction Co. v. Board of Trustees, 641 P.2d 745, 1982 Wyo. LEXIS 308 (Wyo. 1982),” see XVIII Land & Water L. Rev. 393 (1983).

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

Determination of amount involved in contract within statutory provisions requiring public contracts involving sums exceeding specified amount to be let to lowest bidder, 53 ALR2d 498.

Authority of state, municipality, or other governmental entity to accept late bids for public works contracts, 49 ALR5th 747.

§ 16-6-103. Limitation on subcontracting by resident contractors.

A successful resident bidder shall not subcontract more than thirty percent (30%) of the work covered by his contract to nonresident contractors.

History. Laws 1939, ch. 50, § 2; C.S. 1945, § 22-508; W.S. 1957, § 9-665; W.S. 1977, § 9-8-303; Laws 1982, ch. 62, § 3; 2007, ch. 163, § 1.

The 2007 amendment, effective July 1, 2007, substituted “thirty percent (30%)” for “twenty percent (20%).”

§ 16-6-104. Preference for Wyoming materials required in contracts.

Wyoming made materials and products, and Wyoming suppliers of products and materials of equal quality and desirability shall have preference over materials or products produced or supplied outside the state and any contract let shall so provide. The preference created by this section shall be applied in a manner identical to the preference for residence contractors in W.S. 16-6-102 .

History. Laws 1939, ch. 50, § 3; C.S. 1945, § 22-509; W.S. 1957, § 9-666; W.S. 1977, § 9-8-304; Laws 1982, ch. 62, § 3; 1985, ch. 50, § 1; 2011, ch. 82, § 1; 2012, ch. 106, § 1.

The 2011 amendment, effective July 1, 2011, deleted the former first sentence, which read: “Resident Wyoming laborers, workmen and mechanics shall be used upon all work enumerated in W.S. 16-6-102 whenever possible and any contract let shall so provide.”

The 2012 amendment, substituted “made materials and products, and Wyoming suppliers of products and materials” for “materials and products,” added “or supplied,” and added the present last sentence.

Laws 2012, ch. 106, § 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 21, 2012.

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

Validity of state statute or local ordinance requiring, or giving preference to, the employment of residents by contractors or subcontractors engaged in, or awarded contracts for, the construction of public works or improvements, 36 ALR4th 941.

Validity, construction, and application of state “Buy American” acts, 107 ALR5th 673.

Requirement of Buy American Act (41 USC §§ 10a — 10d) that American made articles be preferred in government contracts, 58 ALR Fed 312.

Validity, construction, and operation of Buy American Act (§§ 41 U.S.C.A. 10a-10d), 185 ALR Fed 253.

§ 16-6-105. Preference for Wyoming materials and Wyoming agricultural products required in public purchases; exception; cost differential; definition.

1. A five percent (5%) materials preference for Wyoming materials shall be applied in public purchases, subject to the following:
   1. The preference requirement shall apply to all public entities;
      1. through (C) Repealed by Laws 2020, ch. 31, § 2.
   2. As used in this section, “materials” means supplies, material, agricultural products, equipment, machinery and provisions to be used in a public work, including the regular maintenance and upkeep of a public work;
   3. The preference shall be applied in favor of materials that are produced, manufactured or grown in this state, or that are supplied by a resident of the state who is competent and capable to provide the materials within the state of Wyoming;
   4. Preference shall not be granted for materials of inferior quality to those offered by competitors outside of the state.
2. As used in this section, “agricultural products” means any horticultural, viticultural, vegetable product, livestock, livestock product, bees or honey, poultry or poultry product, sheep or wool product, timber or timber product.

History. Laws 1931, ch. 50, § 1; R.S. 1931, § 108-301; C.S. 1945, § 19-1501; W.S. 1957, § 9-667; Laws 1969, ch. 188, § 1; W.S. 1977, § 9-8-305; Laws 1982, ch. 62, § 3; 1989, ch. 69, § 1; 1997, ch. 130, § 1; 2007, ch. 163, § 1; 2013, ch. 134, § 1; 2015, ch. 72, § 1; 2020, ch. 31, §§ 1, 2.

The 2007 amendment, effective July 1, 2007, in (a), inserted “of contracts less than five million dollars ($5,000,000.00) for”; and made a stylistic change.

The 2013 amendment, effective July 1, 2014, substituted “the construction, major maintenance and renovation” for the maintenance and upkeep” in the first sentence, deleted “less than five million dollars ($5,000,000.00)” following “cost of contracts” in the present third sentence, and made stylistic changes in the present second and third sentence of (a).

The 2015 amendment, effective July 1, 2015, rewrote (a).

The 2020 amendment, effective July 1, 2020, redesignated the introductory language of (a) as (a)(i), added “all public entities” at the end, and made stylistic changes; repealed (a)(i)(A) through (a)(i)(C), which read “(A) Every board, commission or other governing body of any state institution; (B) Every person acting as purchasing agent for the board, commission or other governing body of any state institution or department; and (C) Every county, municipality, school district and community college district”; and in (a)(ii) substituted “used in a public work, including the” for “used in the construction, major maintenance, renovation” and “upkeep of a public work” for “upkeep of public institutions.”

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

Validity, construction, and operation of Buy American Act (§§ 41 U.S.C.A. 10a-10d), 185 ALR Fed 253.

§ 16-6-106. Statement of Wyoming materials preference in requests for bids and proposals.

All requests by a public entity for bids and proposals for materials, supplies, agricultural products, equipment, machinery and public works shall contain the words “preference is hereby given to materials, supplies, agricultural products, equipment, machinery and provisions produced, manufactured or grown in Wyoming, or supplied by a resident of the state, quality being equal to articles offered by the competitors outside of the state”.

History. Laws 1931, ch. 50, § 2; R.S. 1931, § 108-302; C.S. 1945, § 19-1502; W.S. 1957, § 9-668; Laws 1969, ch. 188, § 2; W.S. 1977, § 9-8-306; Laws 1982, ch. 62, § 3; 1997, ch. 130, § 1; 2007, ch. 163, § 1; 2013, ch. 134, § 1; 2020, ch. 31, § 1.

The 2007 amendment, effective July 1, 2007, deleted “ supplied” following “manufactured” and inserted “or supplied by a resident of the state”; and made a related change.

The 2013 amendment, effective July 1, 2014, substituted “the construction, major maintenance and renovation” for “the construction, maintenance and upkeep.”

The 2020 amendment, effective July 1, 2020, substituted “All requests by a public entity for bids” for “All requests for bids” and “machinery and public works shall” for “machinery and provisions for the construction, major maintenance and renovation of every state, county, municipal, community college district or school district institution shall.”

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

Authority of state, municipality, or other governmental entity to accept late bids for public works contracts, 49 ALR5th 747.

Validity, construction, and operation of Buy American Act (§§ 41 U.S.C.A. 10a-10d), 185 ALR Fed 253.

§ 16-6-107. Wyoming materials preference required in public works; exception.

All public works in this state shall be constructed and maintained using materials produced or manufactured in Wyoming if Wyoming materials are suitable and can be furnished in marketable quantities. Preference shall not be granted for materials of an inferior quality to those offered by competitors outside of the state, but a differential of five percent (5%) shall be allowed in cost of materials produced or manufactured in Wyoming.

History. Laws 1931, ch. 50, § 3; R.S. 1931, § 108-303; C.S. 1945, § 19-1503; W.S. 1957, § 9-669; W.S. 1977, § 9-8-307; Laws 1982, ch. 62, § 3; 2007, ch. 163, § 1; 2013, ch. 134, § 1; 2020, ch. 31, § 1.

The 2007 amendment, effective July 1, 2007, inserted “contracts less than five million dollars ($5,000,000.00) for the.”

The 2013 amendment, effective July 1, 2014, substituted “using materials” for “by materials” and added “for construction, major maintenance and renovation projects” in the first sentence and rewrote the second sentence, which read: “Preference shall not be granted for materials of an inferior quality to those offered by competitors outside of the state, but a differential of not to exceed five percent (5%) may be allowed in cost of contracts less than five million dollars ($5,000,000.00) for the Wyoming materials of equal quality as against materials from states having or enforcing a preference rule against ‘out-of-state’ products.”

The 2020 amendment, effective July 1, 2020, substituted “All public works” for “All public buildings, courthouses, public school buildings, public monuments and other public structures constructed” and “in Wyoming if Wyoming materials” for “in Wyoming for construction, major maintenance and renovation projects if Wyoming materials.”

Repealing clauses. —

Section 4, ch. 50, Laws 1931, repeals all laws and parts of laws in conflict with that act.

§ 16-6-108. Governing of federal funds by federal law.

The operation of this act upon the letting of any public works contract above mentioned, in connection with which, funds are granted or advanced by the United States of America, shall be subject to the effect, if any, of related laws of the United States and valid rules and regulations of federal agencies in charge, governing use and payment of the federal funds.

History. Laws 1939, ch. 50, § 5; C.S. 1945, § 22-511; W.S. 1957, § 9-670; W.S. 1977, § 9-8-308; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-6-101(a)(vi).

Severability. —

Section 6, ch. 50, Laws 1939, reads: “If any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of this act, and the application of such provision to other persons or circumstances, shall not be affected thereby.”

Repealing clauses. —

Section 7, ch. 50, Laws 1939, repealed all laws and parts of laws in conflict with that act.

Federal funding of public contracts. —

Wyoming Public Works Act expressly recognizes that any public works contracts in Wyoming which are funded in part by a federal agency are subject to federal law. Whitlock Constr., Inc. v. S. Big Horn County Water Supply Joint Powers Bd., 2002 WY 36, 41 P.3d 1261, 2002 Wyo. LEXIS 37 (Wyo. 2002).

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

Requirement under defense procurement and general procurement statutes (10 USC § 2306(b); 41 USC § 254(a)) and regulations promulgated thereunder (32 CFR §§ 1 — 1500 et seq.; 41 CFR §§ 1 — 1.500 et seq.) that government contract for property and services contain warranty against commissions or contingent fees, 60 ALR Fed 263.

§ 16-6-109. Use of insurance for rebuilding state structures.

When buildings belonging to the state are destroyed, the insurance on the buildings shall be collected by the state treasurer. The governing board of the state institution suffering the loss may draw on the state treasurer for the amount of money collected and use the insurance money for the rebuilding of the structure destroyed if, in the opinion of the governing board, the structure should be rebuilt.

History. Laws 1925, ch. 12, § 1; R.S. 1931, § 108-201; C.S. 1945, § 22-512; W.S. 1957, § 9-671; W.S. 1977, § 9-8-309; Laws 1982, ch. 62, § 3; 2013, ch. 134, § 1.

The 2013 amendment, effective July 1, 2014, deleted “by fire” following “destroyed” in two places and following “the loss” once, and made a stylistic change.

Repealing clauses. —

Section 2, ch. 12, Laws 1925, repealed all laws and parts of laws in conflict with that act.

§ 16-6-110. Limitation on work hours; overtime; exceptions.

1. No person shall require laborers, workmen or mechanics to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) week upon any public works of a public entity except as hereafter authorized. A laborer, workman or mechanic may agree to work more than eight (8) hours per day or more than forty (40) hours in any week, provided the laborer, workman or mechanic shall be paid at the rate of one and one-half (1 1/2) times the regularly established hourly rate for all work in excess of forty (40) hours in any one (1) week. This section does not apply:
   1. In case of emergency caused by fire, flood or danger to life or property; or
   2. To work upon public or military works or defenses in time of war.

History. Laws 1913, ch. 90, § 1; C.S. 1920, § 4308; Laws 1931, ch. 130, § 1; R.S. 1931, § 63-101; C.S. 1945, § 22-514; W.S. 1957, § 9-672; Laws 1967, ch. 27, § 1; W.S. 1977, § 9-8-310; Laws 1982, ch. 62, § 3; 1987, ch. 86, § 1; 1988, ch. 95, § 1; 2020, ch. 31, § 1.

Cross references. —

For constitutional provision as to eight-hour day on state and municipal works, see art. 19, § 2, Wyo. Const.

As to hours of labor generally, see § 27-5-101 et seq.

The 2020 amendment, effective July 1, 2020, in (a) substituted “public works of a public entity” for “public works of the state or any of its political subdivisions,” “A laborer, workman or mechanic may agree” for “An employee may agree,” and “provided the laborer, workman or mechanic shall be” for “provided the employee shall be.”

Editor's notes. —

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

Provisions of this section are a valid exercise of the legislative power and are therefore constitutional to that extent. State v. A. H. Read Co., 33 Wyo. 387, 240 P. 208, 1925 Wyo. LEXIS 47 (Wyo. 1925).

Contractor doing street paving for municipality is engaged in “public works.” State v. A. H. Read Co., 33 Wyo. 387, 240 P. 208, 1925 Wyo. LEXIS 47 (Wyo. 1925).

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

What contracts are subject to wage and hour requirements of 2 ALR Fed 637.

§ 16-6-111. Penalty for violating work hours provisions.

Any person who violates this act is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00).

History. Laws 1913, ch. 90, § 2; C.S. 1920, § 4309; R.S. 1931, § 63-102; C.S. 1945, § 22-515; W.S. 1957, § 9-673; Laws 1969, ch. 188, § 3; W.S. 1977, § 9-8-311; Laws 1982, ch. 62, § 3; 2011, ch. 82, § 1.

The 2011 amendment, effective July 1, 2011, substituted “seven hundred fifty dollars ($750.00)” for “five hundred dollars ($500.00), imprisonment in the county jail for not more than six (6) months, or both.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-6-101(a)(vi).

§ 16-6-112. Contractor's performance and payment bond or other guarantee; when required; conditions; amount; approval; filing; enforcement upon default.

1. Any contract entered into with a public entity for a public work where the contract price exceeds one hundred fifty thousand dollars ($150,000.00), shall require any contractor before beginning work under the contract to furnish the public entity a bond. If the contract price is one hundred fifty thousand dollars ($150,000.00) or less, the public entity may require the contractor to furnish any other form of guarantee approved by the public entity. The bond or other form of guarantee shall be:
   1. Available and with such conditions that allow for the payment of all taxes, excises, licenses, assessments, contributions, penalties and interest lawfully due the state or any political subdivision;
   2. For the use and benefit of any person performing any work or labor or furnishing any material or goods of any kind which were used in the execution of the contract, conditioned for the performance and completion of the contract according to its terms, compliance with all the requirements of law and payment as due of all just claims for work or labor performed and materials furnished in the execution of the contract;
   3. In an amount not less than one hundred percent (100%) of the contract price unless the price is one hundred fifty thousand dollars ($150,000.00) or less, in which case the public entity may fix a sufficient amount;
   4. Approved by and filed with the appropriate officer, agent, governing body or other designee of the public entity.
2. A bond or other guarantee satisfactory to the public entity shall include the obligations specified under subsection (a) of this section even though not expressly written into the guarantee.
3. In default of the prompt payment of all obligations under the guarantee, a direct proceeding may be brought in any court of competent jurisdiction by the authorized officer or agency to enforce payment. The right to proceed in this matter is cumulative and in addition to other remedies provided by law.

History. Laws 1919, ch. 137, § 1; C.S. 1920, § 329; R.S. 1931, § 95-201; C.S. 1945, § 22-501; Laws 1957, ch. 190, § 1; W.S. 1957, § 9-674; Laws 1963, ch. 173, § 1; W.S. 1977, § 9-8-312; Laws 1982, ch. 62, § 3; 1987, ch. 206, § 1; 1994, ch. 57, § 1; 2012, ch. 106, § 1; 2013, ch. 134, § 1; 2017, ch. 41, § 1; 2019, ch. 134, § 1; 2020, ch. 31, § 1.

The 2012 amendment, substituted “one hundred fifty thousand dollars ($150,000.00)” for “one hundred thousand dollars ($100,000.00)” in the introductory language of (a) and in (a)(iii).

Laws 2012, ch. 106, § 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 21, 2012.

The 2013 amendment, effective July 1, 2014, substituted “the construction, major maintenance or renovation of” for the erection, construction, alteration, repair or addition to” in the introductory language of (a).

The 2017 amendment , effective July 1, 2017, in (a), substituted “W.S. 9-2-3004(c)(iv)” for “W. S. 9-2-1016(b)(xviii).”

The 2019 amendment, in (a), substituted “fifty thousand dollars ($50,000.00)” for “seven thousand five hundred dollars ($7,500.00).”

Laws 2019, ch. 134, § 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 27, 2019.

The 2020 amendment, effective July 1, 2020, rewrote the introductory language of (a), which read “Except as provided under W.S. 9-2-3004(c)(iv), any contract entered into with the state, any county, city, town, school district or other political subdivision of the state for the construction, major maintenance or renovation of any public building or other public structure or for any public work or improvement and the contract price exceeds fifty thousand dollars ($50,000.00), shall require any contractor before beginning work under the contract to furnish the state or any political subdivision, as appropriate, a bond or if the contract price is one hundred fifty thousand dollars ($150,000.00) or less, any other form of guarantee approved by the state or the political subdivision. The bond or other form of guarantee shall be”; in (a)(i) substituted “Available and with such conditions that allow for the payment” for “Conditioned for the payment”; in (a)(ii) substituted “labor performed and materials furnished” for “labor performed, material furnished and taxes, excises, licenses, assessments, contributions, penalties and interest accrued”; in (a)(iii) substituted “not less than one hundred percent (100%)” for “not less than fifty percent (50%),” “price is” for “price exceeds,” and “or less, in which case the public entity may fix” for “in which case the appropriate officer, agent or the governing body may fix”; in (a)(iv), substituted “agent, governing body or other designee of the public entity” for “agent or other designee of the state or governing body of the political subdivision”; and in (b), substituted “satisfactory to the public entity” for “satisfactory to the state or political subdivision, as the case may be.”

Contractual penalties. —

This section did not impose liability on prime contractor and its surety for contractual penalties imbedded in agreement between subcontractor and its supplier. Vaughn Excavating & Constr., Inc. v. P.S. Cook Co., 981 P.2d 485, 1999 Wyo. LEXIS 89 (Wyo. 1999).

Second-tier materialman to subcontractor is within coverage of section. —

The benefit of a contractor's bond on a public works project is not limited to those in privity of contract with a subcontractor or the general contractor. D & L Bldg. v. State, 747 P.2d 517, 1987 Wyo. LEXIS 564 (Wyo. 1987).

A supplier to a materialman to a subcontractor to a contractor has a claimable interest pursuant to this section, although he is not in privity of contract with the subcontractor or general contractor. DeLozier Bros. v. Fremont County School Dist., 747 P.2d 515, 1987 Wyo. LEXIS 567 (Wyo. 1987).

Section is not unconstitutional because the surety is made liable for materials furnished but not bodily entered into the permanent structure. Franzen v. Southern Sur. Co., 35 Wyo. 15, 246 P. 30, 1926 Wyo. LEXIS 4 (Wyo. 1926).

Fact question whether materials “used” in contract's execution. —

The question of whether materials are “partially used or expended” in the execution of contract, within the intent of this section, is deemed one for the trier of fact. Colorado Builders' Supply Co. v. National Fire Ins. Co., 423 P.2d 79, 1967 Wyo. LEXIS 134 (Wyo. 1967).

Labor and material contributing to work completion furnished “in execution of contract.” —

Labor and material contributing directly or indirectly to the completion of work and within the contemplation of the parties constitute labor and material furnished “in the execution of the contract,” within the meaning of this section. Franzen v. Southern Sur. Co., 35 Wyo. 15, 246 P. 30, 1926 Wyo. LEXIS 4 (Wyo. 1926).

Section not limited by mechanic's lien provisions. —

The requirement that a contractor engaged in public work must execute a bond for the benefit of those furnishing labor and material does not limit labor and material furnished to such as would be lienable under the mechanic's lien provisions. Franzen v. Southern Sur. Co., 35 Wyo. 15, 246 P. 30, 1926 Wyo. LEXIS 4 (Wyo. 1926).

Claims hereunder may be assigned and notice and action maintained by an assignee. Shoshoni Lumber Co. v. Fidelity & Deposit Co., 46 Wyo. 241, 24 P.2d 690, 1933 Wyo. LEXIS 36 (Wyo. 1933).

A bank taking an assignment of a materialman's claims against a contractor constructing a bridge for the state does not thereby make loans to the contractor nor pay the materialman's claims, but has a prima facie legal right to sue the contractor's surety. State Bank v. Turpen, 47 Wyo. 284, 34 P.2d 1, 1934 Wyo. LEXIS 20 (Wyo.), reh'g denied, 47 Wyo. 328, 37 P.2d 679, 1934 Wyo. LEXIS 24 (Wyo. 1934).

Service of notice of claim before notice of contract's completion not premature. —

Service of a materialman's notice of claim after the completion of a highway, but before the highway commission has published notice of completion, is not premature. National Sur. Co. v. W. H. Holliday Co., 42 Wyo. 407, 295 P. 913, 1931 Wyo. LEXIS 47 (Wyo. 1931).

Cost of coal and coal oil recoverable. —

The cost of coal used for the generation of power of a machine used by highway contractors in the construction of a road, coal oil used in the lighting camp and the haulage of such items is recoverable under a highway contractor's bond. Franzen v. Southern Sur. Co., 35 Wyo. 15, 246 P. 30, 1926 Wyo. LEXIS 4 (Wyo. 1926).

As is horse feed. —

Feed furnished to horses, used by a highway contractor in the performance of a contract, is material furnished in the execution of the contract, for which the surety under the highway contractor's bond is liable. Franzen v. Southern Sur. Co., 35 Wyo. 15, 246 P. 30, 1926 Wyo. LEXIS 4 (Wyo. 1926).

But cost of overshoes furnished highway contractors and their men is not recoverable under the contractor's bond. Franzen v. Southern Sur. Co., 35 Wyo. 15, 246 P. 30, 1926 Wyo. LEXIS 4 (Wyo. 1926).

Nor price of material constituting part of contractor's plant. —

A bonding company is not to be liable for the purchase price of machinery or other material which constitutes part of the plant or outfit of a contractor. Colorado Builders' Supply Co. v. National Fire Ins. Co., 423 P.2d 79, 1967 Wyo. LEXIS 134 (Wyo. 1967).

Although repairs of machinery actually used on job covered. —

When machinery is actually on a job and repairs become necessary to keep it in operating condition, to the end that the job may be completed, the bond in such a case ought to cover the repairs. Colorado Builders' Supply Co. v. National Fire Ins. Co., 423 P.2d 79, 1967 Wyo. LEXIS 134 (Wyo. 1967).

Cited in

George W. Condon Co. v. Board of County Comm'rs, 56 Wyo. 38, 103 P.2d 401, 1940 Wyo. LEXIS 26 (1940).

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

False receipts or the like as estopping materialmen or laborers from recovering on public work bond, 39 ALR2d 1104.

Relative rights as between surety on public work contractor's bond and unpaid laborers or materialmen in percentage retained by obligee, 61 ALR2d 899.

Liability on bid bonds for public works, 70 ALR2d 1370.

Labor or material furnished subcontractor for public work or improvement as within coverage of bond of principal contractor, 92 ALR2d 1250.

What constitutes “public work” within statute relating to contractor's bond, 48 ALR4th 1170.

State or local government's liability to subcontractors, laborers, or materialmen for failure to require general contractor to post bond, 54 ALR5th 649.

§ 16-6-113. Contractor’s performance and payment bond or other guarantee; right of action; notice to obligee; intervention by interested parties; pro rata distribution.

Any person entitled to the protection of a bond or other form of guarantee approved by a public entity under W.S. 16-6-112 may maintain an action for the amount due him. He shall notify the obligee named in the bond or other guarantee of the beginning of the action, giving the names of the parties, describing the guarantee and stating the amount and nature of his claim. No judgment shall be entered in the action within thirty (30) days after the giving of the notice. The obligee or any person having a cause of action may on his motion, be admitted as a party to the action. The court shall determine the rights of all parties to the action. If the amount realized on the bond or other guarantee is insufficient to discharge all claims in full, the amount shall be distributed among the parties pro rata.

History. Laws 1919, ch. 137, § 2; C.S. 1920, § 330; R.S. 1931, § 95-202; C.S. 1945, § 22-502; W.S. 1957, § 9-675; W.S. 1977, § 9-8-313; Laws 1982, ch. 62, § 3; 1987, ch. 206, § 1; 2020, ch. 31, § 1.

The 2020 amendment, effective July 1, 2020, substituted “approved by a public entity under” for “approved by the state or any political subdivision under” and made stylistic changes.

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

Liability of surety on private bond for punitive damages, 2 ALR4th 1254.

State or local government's liability to subcontractors, laborers, or materialmen for failure to require general contractor to post bond, 54 ALR5th 649.

§ 16-6-114. Contractor’s performance and payment bond or other guarantee; requiring new or additional bond or other guarantee; failure to furnish.

If in its judgment any of the sureties on a bond or other form of guarantee approved by the public entity under W.S. 16-6-112 are insolvent or for any cause are no longer proper or sufficient sureties, the obligee may within ten (10) days require the contractor to furnish a new or additional bond or other approved guarantee. If ordered by the obligee, all work on the contract shall cease until a new or additional bond or other guarantee is furnished. If the guarantee is not furnished within ten (10) days, the obligee may at its option terminate the contract and complete the contract as the agent and at the expense of the contractor and his sureties.

History. Laws 1919, ch. 137, § 3; C.S. 1920, § 331; R.S. 1931, § 95-203; C.S. 1945, § 22-503; W.S. 1957, § 9-676; W.S. 1977, § 9-8-314; Laws 1982, ch. 62, § 3; 1987, ch. 206, § 1; 2020, ch. 31, § 1.

The 2020 amendment, effective July 1, 2020, substituted “approved by the public entity” for “approved by the state or any political subdivision” and “terminate the contract” for “determine the contract.”

§ 16-6-115. Contractor’s performance and payment bond or other guarantee; limitation of actions.

No action shall be maintained on any bond or other form of guarantee satisfactory to the public entity under W.S. 16-6-112 unless commenced within one (1) year after the date of final completion of the public work as provided in W.S. 16-6-116(a)(iv).

History. Laws 1919, ch. 137, § 4; C.S. 1920, § 332; Laws 1925, ch. 132, § 1; R.S. 1931, § 95-204; Laws 1935, ch. 67, § 1; C.S. 1945, § 22-504; W.S. 1957, § 9-677; W.S. 1977, § 9-8-315; Laws 1982, ch. 62, § 3; 1987, ch. 206, § 1; 2020, ch. 31, § 1.

Applied in

Shoshoni Lumber Co. v. Fidelity & Deposit Co., 46 Wyo. 241, 24 P.2d 690, 1933 Wyo. LEXIS 36 (1933); Colorado Bldrs. Supply Co. v. National Fire Ins. Co., 423 P.2d 79, 1967 Wyo. LEXIS 134 (Wyo. 1967).

Cited in

National Sur. Co. v. W.H. Holliday Co., 42 Wyo. 407, 295 P. 913, 1931 Wyo. LEXIS 47 (1931).

The 2020 amendment, effective July 1, 2020, substituted “public entity” for “state or any political subdivision” and “final completion of the public work as provided in W.S. 16-6-116(a)(iv)” for “first publication of notice of final payment of the contract.”

§ 16-6-116. Payment to contractor; substantial completion; final completion; required notices.

1. When any public work is let by contract, the public entity under whose direction or supervision the work is being carried on and conducted shall:
   1. Issue a certificate of substantial completion after determination that the public work, or designated portion thereof the public entity agrees to accept separately, is substantially complete;
   2. Upon issuance of a certificate of substantial completion, cause notice to be published in a newspaper of general circulation, published nearest the point at which the work is being carried on, once a week for two (2) consecutive weeks, and posted on the state procurement website or the public entity’s official website. The notice shall set forth in substance that the public entity has accepted the work, or designated portion thereof, as substantially complete according to the contract and associated documents and that the general contractor is entitled to payment as provided in paragraph (iii) of this subsection upon the forty-first day (and the notice shall specify the exact date) after the notice was first published and posted. If the contract provides for multiple substantial completions, this paragraph shall apply to each substantial completion designated in the contract;
   3. Upon the forty-first day after the notice required under paragraph (ii) of this subsection was first published and posted, the public entity under whose direction or supervision the work has been carried on shall pay to the general contractor any payment retained by the public entity under W.S. 16-6-702(b) together with any other amount due under the contract, less any amount withheld for the portion of the public work that is incomplete or not completed in accordance with the contract and associated documents;
   4. Issue a certificate of final completion after determination that the contract is fully performed and all portions of the public work are acceptable under the contract and associated documents. Any amounts withheld under paragraph (iii) of this subsection for the portion of the public work that was determined incomplete or not in accordance with the contract and associated documents and due under the contract shall be paid to the general contractor. The public entity shall post the date of final completion for the public work on the state procurement website or the public entity’s official website.
2. This section does not relieve the general contractor and the sureties on his bond from any claims for work or labor done or materials or supplies furnished in the execution of the contract.
3. The public entity shall provide written notice of the requirements of this section in the project specifications.

History. Laws 1921, ch. 151, § 1; R.S. 1931, § 95-301; Laws 1935, ch. 78, § 1; C.S. 1945, § 22-505; W.S. 1957, § 9-678; W.S. 1977, § 9-8-316; Laws 1982, ch. 62, § 3; 2020, ch. 31, § 1; ch. 87, § 1.

Payment deferred until expiration of statutory period. —

A contractor has no right to receive the balance due upon his contract and the highway department does not have the right to pay the balance until the expiration of the 40-day period of advertising and notice. Woodward Const. Co. v. Clark, 82 F. Supp. 700, 1948 U.S. Dist. LEXIS 3156 (D. Wyo. 1948).

Claim commenced before last publication of notice of completion sufficient to support judgment. —

A petition showing the service of a notice of claim on the defendants before the last publication by the highway commission of the notice of completion of work on a highway contract, but failing to show the posting of the notice of completion, is still sufficient to support a judgment against the defendant. National Sur. Co. v. W. H. Holliday Co., 42 Wyo. 407, 295 P. 913, 1931 Wyo. LEXIS 47 (Wyo. 1931).

The 2020 amendments. — The first 2020 amendment, by ch. 31, § 1, effective July 1, 2020, rewrote and designated former undesignated paragraph as introductory language of (a), (a)(ii), (a)(iii) and (b), which read, “When any public work is let by contract the commission, board or person under whose direction or supervision the work is being carried on and conducted and upon whose approval intermediate and final estimates are paid for the construction of the work, forty (40) days before the final estimate is paid, shall cause to be published in a newspaper of general circulation, published nearest the point at which the work is being carried on, once a week for three (3) consecutive weeks, and also to post in three (3) conspicuous places on the work, a notice setting forth in substance, that the commission, board or person has accepted the work as completed according to the plans and specifications and rules set forth in the contract between the commission, board or person and the contractor, and that the contractor is entitled to final settlement therefor. The notice shall also set forth that upon the 41st day (and the notice shall specify the exact date) after the first publication of the notice the commission, board or person under whose direction or supervision the work has been carried on will pay to the contractor the full amount due under the contract. This section does not relieve the contractor and the sureties on his bond from any claims for work or labor done or materials or supplies furnished in the execution of the contract”; added (a)(i) and (a)(iv); and added (c).

The second 2020 amendment, by ch. 87, § 1, effective July 1, 2020, in (a)(ii) substituted “forty-first” for “41st.”

The section is set out as reconciled by the Wyoming legislative service office.

§ 16-6-117. Payment to contractor; prerequisite filing of contractor’s statement of payment; disputed claims.

In all contracts entered into by any person with a public entity for a public work, no payments under W.S. 16-6-116(a) shall be made until the person files with the public entity with which the contract has been made, a sworn statement setting forth that all claims for material, supplies and labor performed under the contract have been and are paid for the entire period of time for which the payment is to be made. If any claim for material, supplies or labor is disputed the sworn statement shall so state, and the amount claimed to be due the subcontractor or materialmen may be filed by the claimant as a claim against the general contractor’s surety bond. Payment to the general contractor under W.S. 16-6-116(a) shall be paid without regard to any pending claims against the general contractor’s surety bond unless the public entity has actual knowledge that the surety bond is deficient to settle known present claims, in which case an amount equal to the disputed claims may be withheld.

History. Laws 1933, ch. 94, § 1; C.S. 1945, § 22-506; Laws 1953, ch. 148, § 1; W.S. 1957, § 9-679; W.S. 1977, § 9-8-317; Laws 1982, ch. 62, § 3; 2020, ch. 31, § 1.

Applied in

D & L Bldg., Inc. v. State ex rel. Maltby Tank & Barge, Inc., 747 P.2d 517, 1987 Wyo. LEXIS 564 (Wyo. 1987).

The 2020 amendment, effective July 1, 2020, rewrote the former section, which read “In all formal contracts entered into by any person with the state, or any department or commission thereof, or with any county, city, town, school district, high school district, or other public corporation of this state, for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building or public work, no final payment shall be made until the person files with the officer, department or commission of the state, or with the clerk of the county, city, town or school district, or with a similar officer of any other public corporation by which the contract has been made, a sworn statement setting forth that all claims for material and labor performed under the contract have been and are paid for the entire period of time for which the final payment is to be made. If any claim for material and labor is disputed the sworn statement shall so state, and the amount claimed to be due the laborer shall be deducted from the final payment and retained by the state, county, city, town or school district authority or public corporation until the determination of the dispute, either by judicial action or consent of the parties, and then paid by the agent or agency to the persons found entitled thereto.”

§ 16-6-118. Unlawful interest of officeholders in public contracts or works; exception.

1. It is unlawful for any person, now or hereafter holding any office, either by election or appointment, under the constitution or laws of this state, to become in any manner interested, either directly or indirectly, in his own name or in the name of any other person or corporation, in any contract, or the performance of any work in the making or letting of which the officer may be called upon to act or vote. It is unlawful for any officer to represent, either as agent or otherwise, any person, company or corporation, in respect of any application or bid for any contract or work in regard to which the officer may be called upon to vote or to take or receive, or offer to take or receive, either directly or indirectly, any money or other thing of value, as a gift or bribe, or means of influencing his vote or action in his official character. Any contracts made and procured in violation of this subsection are null and void and the person violating this subsection may be removed from office.
2. Notwithstanding subsection (a) of this section, an act shall not be unlawful under this section if any person who is interested in any public contract or who represents any person, company or corporation interested in any public contract discloses the nature and extent thereof to all the contracting parties concerned therewith, absents himself during the considerations and vote thereon, does not attempt to influence any of the contracting parties and does not act directly or indirectly for the public entity in the inspection, operation, administration or performance of any contract. This section does not apply to the operation, administration, inspection or performance of banking and deposit contracts and relationships after the selection of a depository.

History. Laws 1890-91, ch. 25, § 1; R.S. 1899, § 2624; C.S. 1910, § 280; C.S. 1920, § 319; R.S. 1931, § 95-101; C.S. 1945, § 22-513; W.S. 1957, § 9-680; Laws 1969, ch. 158, § 2; W.S. 1977, § 9-8-318; Laws 1982, ch. 62, § 3; 2020, ch. 31, § 1.

The 2020 amendment, effective July 1, 2020, in (b) substituted “an act shall not be unlawful under this section if any person who is” for “if any person is,” “who represents” for “shall represent,” “or corporation interested in any public contract discloses the nature” for “or corporation, but shall disclose the nature,” “absents himself” for “and shall absent himself,” “does not attempt” for “and not attempt,” “does not act” for “not act,” “the public entity in the inspection” for “the governing body in inspection,” “contract” for “contract, then the acts are not unlawful under this section,” and “apply to” for “apply as to.”

Conflict of interest rule founded on public policy. —

The rule that no public official should be interested in a contract entered into by him is founded on public policy forbidding persons of fiduciary character from acting for themselves in a business in which their character binds them to act for others. Board of Comm'rs v. Casper Nat'l Bank, 56 Wyo. 132, 105 P.2d 578, 1940 Wyo. LEXIS 34 (Wyo. 1940).

Incompatibility of office sufficient for vacation of office. —

An incompatibility of office or position involves a conflict of duties between two offices or positions and may be sufficient for the vacation of an office when a conflict of interest is not. Coyne v. State, 595 P.2d 970, 1979 Wyo. LEXIS 424 (Wyo. 1979).

And question of any incompatibility not eliminated by 1969 amendment. —

An analysis of the principles pertaining to conflict of interest and its relation to the rule against incompatibility will show that while the legislature intended to permit a qualified exception to conflict of interest prohibitions by amending former § 6-8-508 (see now § 6-5-106 ) and this section, it would be an unwarranted construction of the 1969 amendatory legislation to hold that it eliminated any question of incompatibility. Haskins v. State, 516 P.2d 1171, 1973 Wyo. LEXIS 192 (Wyo. 1973).

Incompatibility between a member of the board of trustees of a school district and his employment as teacher in that district was not eliminated by the 1969 amendment of former § 6-8-508 (see now § 6-5-106 ) and this section. Haskins v. State, 516 P.2d 1171, 1973 Wyo. LEXIS 192 (Wyo. 1973).

Spouse as school trustee compatible with other spouse as school employee. —

A husband and wife do not constitute a single entity for the purpose of incompatibility of office and position which will prevent one of them, as a trustee of a school district, from exercising impartial and independent judgment in the public interest on a matter in which the other is involved as an employee of the district. Coyne v. State, 595 P.2d 970, 1979 Wyo. LEXIS 424 (Wyo. 1979).

Private attorneys defending officials charged with misconduct cannot be paid with county funds. —

County commissioners may not employ and pay, with county funds, private attorneys to defend them in an action charging them with misconduct in fraudulently conspiring to extort money from the treasury of the county for their individual benefit and to which they were not legally entitled, the county attorney having refused to defend them. Board of Comm'rs v. Casper Nat'l Bank, 56 Wyo. 132, 105 P.2d 578, 1940 Wyo. LEXIS 34 (Wyo. 1940).

Contract in which officer has personal interest void or voidable. —

Municipal contracts in which officers of the city have a personal pecuniary interest are, ordinarily at least, void or voidable. Quackenbush v. Cheyenne, 52 Wyo. 146, 70 P.2d 577, 1937 Wyo. LEXIS 40 (Wyo. 1937).

Contract deemed nullity unless subsection (b) complied with. —

A person is not disqualified from holding an office or position that conflicts with other interest of that person if he complies with the requirements of the provisos of subsection (b); otherwise, the contract or other action is a nullity and the person is subject to criminal prosecution. Coyne v. State, 595 P.2d 970, 1979 Wyo. LEXIS 424 (Wyo. 1979).

Quo warranto remedy inapplicable. —

Where the legislature has recognized the existence of conflicts of interest and has directed the procedure and remedies applicable thereto, the remedy of quo warranto is inapplicable. Coyne v. State, 595 P.2d 970, 1979 Wyo. LEXIS 424 (Wyo. 1979).

Law reviews. —

For note, “The Common-Law Rule Against Holding Incompatible Offices — Abolishing the ‘Office’ Haskins v. State ex rel. Harrington, 516 P.2d 1171, 1973 Wyo. LEXIS 192 , 70 A.L.R.3d 1171 (Wyo. 1973),” see IX Land & Water L. Rev. 667 (1974).

For case note, “Conflict of Interest — Legal Interests vs. Relational Interests. Coyne v. State ex rel. Thomas, 595 P.2d 970, 1979 Wyo. LEXIS 424 (Wyo. 1979),” see XV Land & Water L. Rev. 349 (1980).

§ 16-6-119. Contracts for public works; right to reject bids or responses; qualifications of bidders and respondents.

Every public entity shall be authorized to determine the qualifications and responsibilities of bidders or respondents on contracts for public works and may reject any or all bids or responses for which it solicits based on the qualifications and responsibilities of bidders and respondents and readvertise for bids or responses.

History. Laws 1987, ch. 88, § 1; 1991, ch. 29, § 3; 2006, ch. 98, § 2; 2013, ch. 134, § 1; 2020, ch. 29, § 2; ch. 31, § 1.

The 2006 amendment, effective July 1, 2006, inserted “or respondents,” and “or responses” and made a similar change.

The 2013 amendment, effective July 1, 2014, inserted “major maintenance or renovation” and made a stylistic change.

The 2020 amendments. — The first 2020 amendment, by ch. 29, § 1, effective October 1, 2020, substituted “all bids or responses for which it solicits” for “all bids or responses.”

The second 2020 amendment, by ch. 31, § 1, effective July 1, 2020, substituted “Every public entity shall” for “Every state agency, board, commission, department, or institution shall” and “contracts for public works and may reject” for “contracts for the construction, major maintenance or renovation of a public project, facility or structure using standard forms and procedures adopted by the department of administration and information, and may recommend that the department of administration and information reject.”

This section is set out as reconciled by the Wyoming legislative service office.

Cross references. —

As to purchasing and property control division accepting recommendations of agencies on award of bids, see § 9-2-1016(b)(xvii).

Legislative intent. —

It was clearly the legislature's intent under the provisions of this section that the Wyoming Water Development Commission was to be actively and directly involved in reviewing bids, determining responsible bidders, and withholding funds when necessary in order to ensure that projects involving the public water supply served the best interests of the public and the State of Wyoming. Whitlock Constr., Inc. v. S. Big Horn County Water Supply Joint Powers Bd., 2002 WY 36, 41 P.3d 1261, 2002 Wyo. LEXIS 37 (Wyo. 2002).

Right to reject bids. —

This section provides that every state board, commission or agency, including the Wyoming water development commission, is authorized to determine qualifications and responsibilities for bidders on contracts for public projects. Whitlock Constr., Inc. v. S. Big Horn County Water Supply Joint Powers Bd., 2002 WY 36, 41 P.3d 1261, 2002 Wyo. LEXIS 37 (Wyo. 2002).

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

Authority of state, municipality, or other governmental entity to accept late bids for public works contracts, 49 ALR5th 747.

§ 16-6-120. Rulemaking; penalties; enforcement.

1. The department of workforce services shall promulgate rules and regulations as the department determines necessary or convenient to enforce this act.
2. Unless punishable under subsection (c) of this section, an individual or a business entity and any officer or member thereof that intentionally falsifies information under this act shall be:
   1. Fined seven hundred fifty dollars ($750.00) for each violation for each day during which the violation continues;
   2. Barred from bidding on any contract subject to the provisions of this act or submitting any request for proposal on any project subject to the provisions of this act for one (1) year from the date the violation is corrected.
3. Any person who signs an affidavit submitted to the department pursuant to W.S. 16-1-101(a), knowing any information contained therein is false, shall be guilty of false swearing punishable as a felony in accordance with W.S. 6-5-303(a).
4. The department of workforce services is authorized and directed to enforce W.S. 16-6-101 through 16-6-206 .
5. In the event a contractor fails to comply with an order from the department, the director shall refer the matter to the appropriate district or county attorney for enforcement of the department’s order.

History. Laws 1987, ch. 223, § 1; W.S. 1977, § 16-6-119 ; Laws 1990, ch. 63, § 2; 2011, ch. 82, § 1; 2012, ch. 1, § 1; ch. 80, § 1; 2013, ch. 134, § 1.

The 2011 amendment, effective July 1, 2011, added (a) and (b); added designation (c); and added (d).

The 2012 amendments. —

The first 2012 amendment, by ch. 1, § 1, effective July 1, 2012, substituted “workforce services” for “employment” in (a) and (c).

The second 2012 amendment, by ch. 80, § 1, in (a), deleted “of employment” following “department” near the beginning, and substituted “as the department determines necessary or convenient” for “required”; in introductory language of (b), substituted “Unless punishable under subsection (c) of this section, an individual” for “A person”; in (b)(ii), deleted “state” preceding “contract” and “project” and inserted “subject to the provisions of this act” twice; added (c) and redesignated former (c) and (d) as (d) and (e); and deleted “of employment” for “The department” in (d).

Laws 2012, ch. 80 § 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 15, 2012.

While neither amendment gave effect to the other, both have been set out as reconciled by the legislative service office.

The 2013 amendment, effective July 1, 2014, rewrote the introductory language of (b), which read: “Unless punishable under subsection (c) of this section, an individual, partnership, association, limited partnership, registered limited partnership, registered limited liability company or corporation and any officer or member thereof that intentionally falsifies information under this act shall be.”

Editor's notes. —

This section, as enacted, was designated as §b16-6-119. Since Laws 1987, ch. 88, §b1, had already enacted a §b16-6-119, this section has been redesignated as §b16-6-120.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-6-101(a)(vi).

§ 16-6-121. Notice required to receive protection under a bond or guarantee; limitation; notice required by owner in project specifications.

1. Any subcontractor or materialman entitled to the protection of a bond or other form of guarantee approved by a public entity under W.S. 16-6-112 shall give notice of his right to that protection to the general contractor. Failure to give notice to a general contractor who has complied with subsections (f) and (g) of this section waives the subcontractor or materialman’s protection under the bond or guarantee.
2. The notice shall be given no later than sixty (60) days after the date on which services or materials are first furnished.
3. The notice shall be sent to the general contractor by certified mail, electronic means or delivered to and receipted by the general contractor or his agent. Notice by certified mail or electronic means is effective on the date the notice is mailed or sent electronically.
4. The notice shall be in writing and shall state that it is a notice of a right to protection under the bond or guarantee. The notice shall be signed by the subcontractor or materialman and shall include the following information:
   1. The subcontractor or materialman’s name, address and phone number and the name of a contact person;
   2. The name and address of the subcontractor’s or materialman’s vendor; and
   3. The type or description of the materials or services provided.
5. This section shall only apply where the general contractor’s contract is for an amount exceeding one hundred fifty thousand dollars ($150,000.00).
6. The general contractor shall post on the construction site a prominent sign citing this section and stating that any subcontractor or materialman shall give notice to the general contractor of a right to protection under the bond or guarantee and that failure to provide the notice shall waive the subcontractor or materialman’s protection under the bond or guarantee.
7. The owner or his agent shall provide written notice of the information required by this section in the project specifications.

History. Laws 1989, ch. 82, § 1; 2020, ch. 31, § 1.

The 2020 amendment, effective July 1, 2020, substituted “general contractor” for “prime contractor” throughout the section; in (a) substituted “a public entity” for “the state or any political subdivision” and deleted “and waives any right to a lien for materials or services provided” at the end; in (c) added “electronic means” after “certified mail” throughout, and “or sent electronically” after “is mailed”; in (e) substituted “an amount exceeding one hundred fifty thousand dollars ($150,000.00)” for “fifty thousand dollars ($50,000.00) or more”; and in (f) deleted “and shall waive any right to a lien for materials or services provided” at the end.

Cross references. —

As to required notice of right to claim a lien, see § 29-2-111.

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

Sufficiency of notice to public works contractor on United States project under Miller Act (40 U.S.C. § 270b(a)), 98 ALR Fed 778.

§ 16-6-201. Short title.

This act may be cited as the “Wyoming Preference Act of 1971”.

History. Laws 1971, ch. 207, § 1; W.S. 1957, § 9-680.1; W.S. 1977, § 9-8-401; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-6-202(a)(iv).

§ 16-6-202. Definitions.

1. As used in this act:
   1. “Laborer” means a person employed to perform unskilled or skilled manual labor for wages in any capacity and does not include independent contractors;
   2. “Resident” or “Wyoming laborer” includes any person who is a citizen of the United States, or a person who is authorized to work in the United States by an agency of the federal government, and has resided in the state of Wyoming for at least ninety (90) days, or as otherwise authorized by department of workforce services rules, preceding the application for employment;
   3. “Wages” means a payment of money for labor or services according to a contract or any hourly, daily or piece-work basis;
   4. “Public work” means as described in W.S. 16-6-101(a)(ix);
   5. “Public entity” means as defined in W.S. 16-6-101(a)(viii);
   6. “This act” means W.S. 16-6-201 through 16-6-206 .

History. Laws 1971, ch. 207, § 2; W.S. 1957, § 9-680.2; W.S. 1977, § 9-8-402; Laws 1982, ch. 62, § 3; 1983, ch. 125, § 1; 2013, ch. 134, § 1; 2020, ch. 31, § 1; 2021, ch. 90, § 1.

The 2013 amendment, effective July 1, 2014, inserted “or a person who is authorized to working the United States by an agency of the federal government” and made stylistic changes in (a)(ii).

The 2020 amendment, effective July 1, 2020, added (a)(iv) and redesignated former (a)(iv) as present (a)(v).

The 2021 amendment, effective July 1, 2021, in (a)(ii), added "or 'Wyoming laborer,'" substituted "for at least ninety (90) days, or as otherwise authorized by department of workforce services rules, preceding the" for "for at least one (1) year immediately preceding his"; added (a)(v); and redesignated former (a)(v) as (a)(vi).

Editor's notes. —

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

Law reviews. —

For case note, “Constitutional Law — Wyoming Upholds a Resident Laborer Preference Statute. State v. Antonich, 694 P.2d 60, 1985 Wyo. LEXIS 535 (Wyo. 1985),” see XXI Land & Water L. Rev. 219 (1986).

§ 16-6-203. Required resident labor on public works; exception.

1. Except as otherwise provided in this act, every person who is responsible for a public work shall employ only Wyoming laborers on the public work. Every contract for a public work let by any person shall contain a provision requiring that Wyoming laborers be used except nonresident laborers may be used when Wyoming laborers are not available for the employment from within the state or are not qualified to perform the work involved. The contract shall contain a provision requiring specific acknowledgement of the requirements of this section. A person required to employ Wyoming laborers may employ nonresident laborers if:
   1. That person submits written notice to the nearest state workforce center of his need for laborers. The notice may include the person’s need for laborers on multiple public works that the person is responsible for during a nine (9) month period. The notice shall specify if the need for laborers constitutes an emergency that endangers the health, welfare or safety of the public as determined by the public entity associated with the public work. If the person’s need for laborers substantially changes during the period, the person may amend the written notice submitted under this paragraph;
   2. The state workforce center certifies that the person’s need for laborers cannot be filled from those Wyoming laborers listed with the Wyoming department of workforce services or that an emergency exists that endangers the health, welfare or safety of the public as determined by the public entity associated with the public work for which Wyoming laborers are not readily available. The certification shall specify the number of nonresident laborers the person may employ on the public works the person is responsible for during the nine (9) month period following certification. Except as provided in this paragraph, the state workforce center shall respond to a person’s request for certification or certification amendment within ten (10) days of the date the written notice is received. The state workforce center shall respond to a person’s emergency request for certification as soon as practicable but not to exceed three (3) days after the date the emergency request is received; and
   3. Upon hiring, the person shall submit to the state workforce center the number of nonresident laborers employed by the person pursuant to the certification issued under paragraph (ii) of this subsection and the public work or works for which each nonresident laborer is employed during the period of certification. The number of nonresident laborers employed during the period of certification shall not exceed the number specified by the certification or certification amendment.
2. Upon request by a state workforce center, the general contractor shall provide the most recent construction schedule for a public work.

History. Laws 1971, ch. 207, § 3; W.S. 1957, § 9-680.3; W.S. 1977, § 9-8-403; Laws 1982, ch. 62, § 3; 1988, ch. 14, § 1; 2012, ch. 106, § 1; 2020, ch. 31, § 1; 2021, ch. 90, § 1.

Cross references. —

As to establishment of state employment offices, see § 27-3-601 et seq.

The 2012 amendment, redesignated the existing provisions as the introductory language of (a), (a)(i) and (a)(ii), added the present third sentence in the introductory language of (a), substituted “workforce center” for “employment office” in (a)(i) and (a)(ii); added “at least eleven (11) days before work is commenced” in (a)(i); substituted “Wyoming laborers listed with the Wyoming department of workforce services. The department shall respond to a person's request for certification within ten (10) days” for “listed as” in (a)(i), and made stylistic changes; and added (b).

Laws 2012, ch. 106, § 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 21, 2012.

The 2020 amendment, effective July 1, 2020, in the introductory language of (a) substituted “who is responsible for a public work shall employ” for “who is charged with the duty of construction, reconstructing, improving, enlarging, altering or repairing any public works project or improvement for the state or any political subdivision, municipal corporation, or other governmental unit, shall employ,” “public work” for “project or improvement,” and added “for a public work” after “Every contract.”

The 2021 amendment, effective July 1, 2021, deleted "projects" following "public works" in the section heading; in the first sentence of (a), added "Except as otherwise provided in this act," at the beginning, substituted "laborers" for "labor" following "requiring that Wyoming," "nonresident" for "other" following "be used except," "nonresident" for "other than Wyoming" in the second sentence and made a related change; rewrote (a)(i), which read, "That person informs the nearest state workforce center of his employment needs at least eleven (11) days before work is commenced; and"; rewrote (a)(ii), which read, "The state workforce center certifies that the person’s need for laborers cannot be filled from those Wyoming laborers listed with the Wyoming department of workforce services. The department shall respond to a person’s request for certification within ten (10) days of the date the information is filed"; added (a)(iii); in (b), substituted "a state" for "the" preceding "workforce" and "a public work" for "the project."

Quoted in

State v. Antonich, 694 P.2d 60, 1985 Wyo. LEXIS 535 (Wyo. 1985).

Law reviews. —

For case note, “Constitutional Law — Wyoming Upholds a Resident Laborer Preference Statute. State v. Antonich, 694 P.2d 60, 1985 Wyo. LEXIS 535 (Wyo. 1985),” see XXI Land & Water L. Rev. 219 (1986).

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

Aliens: constitutionality of enactment or regulation forbidding or restricting employment of aliens in public employment or on public works, 38 ALR3d 1213.

Validity of state statute or local ordinance requiring, or giving preference to, the employment of residents by contractors or subcontractors engaged in, or awarded contracts for, the construction of public works or improvements, 36 ALR4th 941.

§ 16-6-204. Employees not covered by provisions.

All other employees of the contractor or subcontractor, other than laborers as defined by this act, are not covered by this act.

History. Laws 1971, ch. 207, § 4; W.S. 1957, § 9-680.4; W.S. 1977, § 9-8-404; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in this section, see § 16-6-202(a)(iv).

§ 16-6-205. Enforcement.

1. The department of workforce services shall promulgate rules and regulations required to enforce this act and is authorized and directed to enforce this act. For purposes of all investigations, the department shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any books, papers, documents or records which the department deems relevant or material to the inquiry.
2. If requested in writing by the department of workforce services or contracting entity, the general contractor shall provide to the department or contracting entity a payroll report for the period requested for all contractors and subcontractors involved in the project in a form that is consistent with federally certified reporting requirements and includes residency status for each laborer.
3. This act shall not be enforced in a manner which conflicts with any federal statutes or rules and regulations.

History. Laws 1971, ch. 207, § 5; W.S. 1957, § 9-680.5; W.S. 1977, § 9-8-405; Laws 1982, ch. 62, § 3; 2012, ch. 106, § 1; 2020, ch. 31, § 1.

Cross references. —

As to governing of federal funds by federal law, see § 16-6-108 .

The 2012 amendment, added (a) and (b); and redesignated existing provisions as (c).

Laws 2012, ch. 106, § 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 21, 2012.

The 2020 amendment, effective July 1, 2020, in (b) substituted “If requested in writing by the department of workforce services or contracting entity” for “Along with each application for payment for a contract subject to this act,” added “department or” preceding “contracting entity” and “for the period requested” after “payroll report.”

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-6-202(a)(iv).

§ 16-6-206. Failure to employ state laborers; penalty.

1. A person who willfully or intentionally fails to use Wyoming laborers as required in this act shall be subject to a civil penalty of not more than one thousand dollars ($1,000.00) per nonresident laborer employed per day, not to exceed a total penalty of ten percent (10%) of the amount of the person’s contract. Each separate case of failure to employ Wyoming laborers on a public work constitutes a separate offense.
2. In the event a second offense occurs within a twelve (12) month period from the date of the first offense, the person shall be barred from bidding on any contract subject to the provisions of this act or submitting any request for proposal on any public work subject to the provisions of this act for one (1) year from the date the second violation is corrected.
3. Before a civil penalty is imposed under this section, the department of workforce services shall notify the person accused of a violation. The notice shall be served in accordance with the Wyoming Rules of Civil Procedure and contain:
   1. A statement of the grounds for imposing the civil penalty, including a citation to the statute involved;
   2. A statement of the facts in support of the allegations;
   3. A statement informing the person of the right to a hearing and that failure to timely request a hearing will result in imposition of the civil penalty stated.
4. A request for hearing on a proposed civil penalty shall be in writing and shall be submitted to the department no later than seven (7) days after receipt of the notice from the department. The hearing shall be conducted as a contested case before a hearing examiner of the office of administrative hearings. The hearing shall be no later than fifteen (15) days after receipt of the request for hearing, unless the person subject to the proposed civil penalty requests an extension of time for good cause shown. The hearing officer shall recommend a decision to the director of the department. After hearing or upon failure of the accused to request a hearing, the director of the department shall determine the amount of the civil penalty to be imposed in accordance with the limitations in this section. Judicial review, if any, shall be from the decision of the director and in accordance with the provisions of the Wyoming Administrative Procedure Act.
5. A civil penalty may be recovered in an action brought by the attorney general in the name of the state of Wyoming in any court of appropriate jurisdiction.

History. Laws 1971, ch. 207, § 6; W.S. 1957, § 9-680.6; W.S. 1977, § 9-8-406; Laws 1982, ch. 62, § 3; 1983, ch. 125, § 1; 2011, ch. 82, § 1; 2012, ch. 106, § 1; 2013, ch. 134, § 1; 2021, ch. 90, § 1.

The 2011 amendment, effective July 1, 2011, in (a), substituted “seven hundred fifty dollars ($750.00)” for “five hundred dollars ($500.00) or by imprisonment for not more than thirty (30) days”; and added (b).

The 2012 amendment, substituted “shall be subject to a civil penalty of not more than one thousand dollars ($1,000.00) per nonresident laborer employed per day, not to exceed a total penalty of ten percent (10%) of the amount of the person's contract” for “is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00)” in (a); substituted “contract subject to the provisions of this act” for “state contract” throughout (b); and added (c) through (e).

Laws 2012, ch. 106, § 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 21, 2012.

The 2013 amendment, effective July 1, 2014, inserted “within a twelve (12) month period from the date of the first offense” and “second” in (b).

The 2021 amendment , effective July 1, 2021, substituted "a public work" for "public works projects" in the second sentence of (a); and substituted "public work" for "project" in (b).

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 16-6-202(a)(iv).

§ 16-6-301. Preference for resident bidders; exception; “resident” defined; violation.

1. Whenever a contract is let by the state or any department thereof, or any of its subdivisions, for public printing, including reports of officers and boards, pamphlets, blanks, letterheads, envelopes and printed and lithographed matter of every kind and description whatsoever, the contract shall be let to the responsible resident making the lowest bid if the resident’s bid is not more than ten percent (10%) higher than that of the lowest responsible nonresident bidder. Any successful resident bidder shall perform at least seventy-five percent (75%) of the contract within the state of Wyoming. This section shall not apply to any contract for the compilation, codification, revision, or digest of the statutes or case law of the state.
2. As used in this section, “resident” means any person or business entity who has been a bona fide resident of this state as defined in W.S. 16-6-101(a)(i), for one (1) year or more immediately prior to bidding upon a contract, and who has an established printing plant in actual operation in the state of Wyoming immediately prior to bidding upon a contract.
3. Any contract let or performed in violation of this section shall be null and void and no funds shall be paid for the performance thereof.

History. Laws 1959, ch. 119, §§ 1 to 3; W.S. 1957, §§ 9-342.1 to 9-342.3; W.S. 1977, §§ 9-5-501 to 9-5-503; Laws 1982, ch. 62, § 3; 2013, ch. 134, § 1.

The 2013 amendment, effective July 1, 2014, substituted “or business entity” for “partnership, corporation or association,” inserted “as defined in W.S. 16-1-101(a)(i)” and made a stylistic change in (b).

Only bidder to contract may have work done by out-of-state company. —

This section was not violated by a printing contractor which had all of its work done by an out-of-state company, since the contractor was the only bidder to the contract. Wyoming Game & Fish Comm'n v. Mills Co., 701 P.2d 819, 1985 Wyo. LEXIS 495 (Wyo. 1985).

§ 16-6-401. Definitions.

1. As used in W.S. 16-6-401 through 16-6-403 :
   1. “Economic life” means the projected or anticipated useful life of a major facility as expressed by a term of years;
   2. “Energy-consumption analysis” means the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components, and the external energy load imposed on a major facility by the climatic conditions of its location. The energy-consumption projections shall take into account daily and seasonal variations in energy system output during normal operations;
   3. “Energy systems” means all utilities, including heating, air-conditioning, ventilating, lighting and the supplying of domestic hot water;
   4. “Initial cost” means the monies required for the capital construction or renovation of a major facility;
   5. “Life-cycle cost analysis” means a study to compute life-cycle costs, as required in this act [§§ 16-6-401 through 16-6-403 ];
   6. “Life-cycle cost” means the cost of a major facility including its initial cost, the cost of the energy consumed over its economic life and the cost of its operation and maintenance;
   7. “Major facility” means any publicly owned building having eighteen thousand (18,000) square feet or more of gross floor area;
   8. “Public agency” means every state office, officer, board, commission, committee, bureau, department and all political subdivisions of the state; and
   9. “Renovation” means revision to a major facility which will affect more than fifty percent (50%) of the gross floor area in the building.

History. Laws 1977, ch. 121, § 1; W.S. 1957, § 9-864; W.S. 1977, § 9-21-101 ; Laws 1982, ch. 62, § 3.

Editor's notes. —

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

§ 16-6-402. Computation of life-cycle costs.

1. Life-cycle costs shall be the sum of:
   1. Initial cost;
   2. The reasonably expected fuel costs over the life of the building based on the energy consumption analysis; and
   3. The reasonable costs of maintenance and operation as they pertain to energy systems.
2. Life-cycle costs shall be computed for two (2) or more alternatives for construction of the facility.

History. Laws 1977, ch. 121, § 1; W.S. 1957, § 9-865; W.S. 1977, § 9-21-102; Laws 1982, ch. 62, § 3.

§ 16-6-403. Life-cycle cost analyses.

Public agencies shall, prior to the construction or renovation of any major facility, include in the design phase a provision requiring that life-cycle cost analyses be prepared for two (2) or more alternatives for the construction of the facility. These life-cycle cost analyses shall be available to the public. The life-cycle costs shall be a consideration in the selection of a building design by a public agency.

History. Laws 1977, ch. 121, § 1; W.S. 1957, § 9-866; W.S. 1977, § 9-21-103; Laws 1982, ch. 62, § 3.

Cross references. —

As to required facilities for handicapped in public building plans and specifications, see § 16-6-501 .

As to required safety devices in public buildings, see §§ 27-1-102 and 27-1-103 .

§ 16-6-501. Building plans and specifications; required facilities; elevators; curb ramps; inspections; exceptions.

1. The plans and specifications for the construction of or additions to all buildings for general public use built by the state or any governmental subdivision, school district or other public administrative body within the state, shall provide facilities and features conforming with the specifications set forth in the accessibility and supplemental accessibility requirements of the 2012 edition of the International Building Code.
   1. through (v) Repealed by Laws 2015, ch. 158, § 2.
2. Every curb or sidewalk to be constructed or reconstructed in Wyoming, where both are provided and intended for public use, whether constructed with public or private funds, shall provide a ramp at points of intersection between pedestrian and motorized lines of travel and no less than two (2) curb ramps per lineal block. Design for curb ramps shall be designed in accordance with the current Americans With Disabilities Act accessibility guidelines.
3. Except as provided in this subsection, the state fire marshal or city engineer, or their designee, shall inspect any structure described in subsection (a) of this section at the request of any person. Curb ramps shall be inspected by the city at the request of any person and shall be modified or reconstructed by the contracting authority to meet the requirements of W.S. 16-6-501 through 16-6-504 .
4. Exceptions for good cause may be granted by the state fire marshal for any structure described in subsection (a) of this section or by the city for curb ramps.

History. Laws 1969, ch. 30, § 1; W.S. 1957, § 35-503; Laws 1975, ch. 142, § 1; W.S. 1977, § 35-13-101 ; Laws 1982, ch. 62, § 3; 2004, ch. 130, § 1; 2015, ch. 158, §§ 1, 2.

Cross references. —

As to construction and supervision of public buildings generally, see art. 7, § 22, Wyo. Const.

As to construction of sidewalks in cities and towns generally, see §§ 15-6-501 through 15-6-504 .

As to required safety devices in public buildings, see §§ 27-1-102 and 27-1-103 .

As to general powers and duties of state fire marshal, see §§ 35-9-116 and 35-9-121 .

The 2004 amendment, in (b) and (d), substituted “administrator of the division of vocational rehabilitation” for “director of vocational rehabilitation,” and “program manager of the governor's committee on employment of people with disabilities” for “director of the governor's committee for employment of the handicapped”; and in (d) also substituted “occupational health and safety commission chairman” for “state safety engineer.”

Laws 2004, ch. 130, § 4, 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 19, 2004.

The 2015 amendment, effective July 1, 2015, rewrote the section, removing specified requirements relating to elevators in buildings.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “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.”

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

When does a public entity discriminate against individuals in its provision of services, programs, or activities under the Americans with Disabilities Act, 42 U.S.C. § 12132, 163 ALR Fed 339.

§ 16-6-502. Building plans and specifications; state fire marshal; review and approval.

All plans and specifications for the construction of or additions to buildings for general public use, built by the state or any governmental subdivision, school district or other public administrative body within this state, shall be submitted for review and approval by the state fire marshal, who shall approve if he finds the plans provide facilities which conform to the specifications set forth in the accessibility and supplemental accessibility requirements of the 2012 edition of the International Building Code.

History. Laws 1969, ch. 30, § 2; W.S. 1957, § 35-504; Laws 1975, ch. 142, § 1; W.S. 1977, § 35-13-102; Laws 1982, ch. 62, § 3; 2015, ch. 158, § 1.

The 2015 amendment, effective July 1, 2015, substituted “the accessibility and supplemental accessibility requirements of the 2012 edition of the International Building Code” for “‘American Standard Specifications for Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped’ (U.S. Patent No. A117.1-1961) as approved October 31, 1961, by the American Standards Association, now called the American National Standards Institute, Inc., and W.S. 16-6-501 , subject however to the waiver specified above.”

§ 16-6-503. Building plans and specifications; state fire marshal; ruling and determination; filing of written objection.

The state fire marshal shall within five (5) days mail a copy of his ruling and determination to the contracting authority and to any other interested or affected person, as defined under the Wyoming Administrative Procedure Act, who has made timely request of the state fire marshal for receipt of copies of all rulings and determinations. All mailings by the state fire marshal made under this section shall be made by certified mail. Any time within ten (10) days after receipt of the ruling or determination made by the state fire marshal the contracting authority or any other interested or affected person may object to the determination, or any part thereof as the contracting authority or any other interested or affected person deems objectionable by filing a written notice with the state fire marshal, stating the specific grounds of the objection. The written objection shall be filed in the records of the state fire marshal and shall be available for inspection by any person who may be affected.

History. Laws 1969, ch. 30, § 3; W.S. 1957, § 35-505; W.S. 1977, § 35-13-103; Laws 1982, ch. 62, § 3.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 16-6-504. Building plans and specifications; hearing on objection; final administrative determination; judicial review.

1. Within five (5) days of the receipt of the objection, the state fire marshal shall notify the department of fire prevention and electrical safety of the objection. That department shall set a date for a hearing on the objection to be held not less than ten (10) days nor more than thirty (30) days following receipt of the objection notice from the state fire marshal. Written notice of the time and place of the hearing shall be given by the department to the contracting authority and any other interested and affected persons at least ten (10) days prior to the date set for the hearing.
2. The procedure before the department of fire prevention and electrical safety for hearing of objections shall be as provided in the Wyoming Administrative Procedure Act.
3. Within ten (10) days of the conclusion of the hearing, the department shall rule on the written objections and make the final determination it determines that the evidence warrants. Immediately upon its final determination, the department shall serve a certified copy thereof on the contracting authority and all other interested and affected persons who may have appeared at the hearing, by personal service or by registered or certified mail.
4. The final decision of the department of fire prevention and electrical safety is subject to review in accordance with the Wyoming Administrative Procedure Act. All proceedings in any district court affecting a determination of the department of fire prevention and electrical safety shall have priority in hearing and determination over all other civil proceedings pending in the court, except election contests.

History. Laws 1969, ch. 30, § 4; W.S. 1957, § 35-506; Laws 1975, ch. 142, § 1; W.S. 1977, § 35-13-104; Laws 1982, ch. 62, § 3.

Cross references. —

As to department of fire prevention and electrical safety generally, see § 35-9-101 et seq.

For rule governing service of process, see Rule 4, W.R.C.P.

For rule governing judicial review of administrative action, see Rule 12, W.R.A.P.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 16-6-601. Definitions.

1. As used in this article:
   1. “Agency” means any department, agency or other instrumentality of the state or of a political subdivision of the state;
   2. “Goods” means all personal property purchased, procured or contracted for by an agency, including leases of real property or other arrangements for the use of space;
   3. “Services” means all services purchased, procured or contracted for by an agency, including construction services.

History. Laws 1983, ch. 64, § 1.

Editor's notes. —

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

§ 16-6-602. Payment of agency accounts; interest.

Except as provided by contract, any agency which purchases or procures goods and services from a nongovernmental entity shall pay the amount due within forty-five (45) days after receipt of a correct notice of amount due for the goods or services provided or shall pay interest from the forty-fifth day at the rate of one and one-half percent (1 1/2%) per month on the unpaid balance until the account is paid in full, unless a good faith dispute exists as to the agency’s obligation to pay all or a portion of the account.

History. Laws 1983, ch. 64, § 1.

§ 16-6-701. Definitions.

1. As used in this act:
   1. “Acceptable depository” means a state or national bank or a savings and loan association or credit union in which deposits are insured;
   2. “Contractor” means any person who is a party to a contract with a public entity for a public work;
   3. “Public entity” means as defined in W.S. 16-6-101(a)(viii);
   4. Repealed by Laws 2020, ch. 31, § 2.
   5. “Alternate design and construction delivery method” means the delivery method described by any qualifications based procurement of design and construction services, including all procedures, actions, events, contractual relationships, obligations and forms of agreement for the successful completion of any public work, other than by design, bid and build. Alternate design and construction delivery methods available to a public entity include construction manager agent, construction manager at risk or design-builder;
   6. “Construction manager agent” means a type of construction management delivery where the professional service is procured under existing statutes for professional services. The construction manager agent is a construction consultant providing administrative and management services to the public entity throughout the design and construction phases of a public work. Under this delivery method, the construction manager agent is not the contracting agent and is not responsible for purchase orders;
   7. “Construction manager at-risk” means a type of construction management delivery in which the construction manager at-risk is an advocate for the public entity as determined by the contracts throughout the preconstruction phase of a project. In the construction phase of a public work, the construction manager at-risk is responsible for all project subcontracts and purchase orders and may conduct all or a portion of the public work. Under this delivery method, the construction manager at-risk is responsible for providing a guaranteed maximum price for the public work to the public entity prior to commencing the public work and the construction manager at-risk shall be required to bond any project in accordance with W.S. 16-6-112 ;
   8. “This act” means W.S. 16-6-701 through 16-6-708 ;
   9. “Design-build” means a type of construction delivery method in which there is a single contract between the public entity and a design-builder who furnishes architectural, engineering and other related design services as required for the public work, as well as labor, materials and other construction services necessary for the public work. A design-builder may be selected by the public entity based on evaluation of responses to a request for qualifications, fixed scope request for proposal or fixed price request for proposal. The following shall apply:
      1. A design-builder may be selected based solely on a response to a request for qualification for public works with an estimated construction cost of five hundred thousand dollars ($500,000.00) or less provided there are not less than two (2) respondents;
      2. Responses to a fixed scope request for proposal or a fixed price request for proposal shall be used as the bases for selection for a public work with an estimated construction cost of more than five hundred thousand dollars ($500,000.00);
      3. Interested parties shall first respond to a request for qualification. Based on responses to the request for qualification a minimum of two (2) and maximum of five (5) respondents may be selected to respond to a fixed scope request for proposal or a fixed price request for proposal;
      4. The respondent chosen by evaluation to provide the best overall value for the public work shall be selected in response to a fixed scope request for proposal or a fixed price request for proposal. The best overall value shall be determined based on criteria set forth by the public entity letting the public work and may include, but is not limited to, qualifications, price, quality of materials and products, past experience and schedule;
      5. All unsuccessful respondents to a response for a fixed scope request for proposal or fixed price request for proposal may be compensated at the discretion of the public entity based upon a percentage of the price of the public work as proposed by the successful respondent in the respondent’s original proposal. Any compensation provided pursuant to this subparagraph shall be clearly specified in the request for proposal.
   10. “Design-builder” means an entity that provides design-build services as described under paragraph (ix) of this subsection whether by itself or through subcontractual arrangements with other entities;
   11. “Fixed price request for proposal” means a request for an oral and written presentation of all qualifications deemed pertinent to the public work by the public entity in addition to a schematic design and detailed description of all materials and products proposed to accommodate a preliminary project program prepared by the public entity and provided in the fixed price request for proposal. The successful respondent shall construct the public work described in their design and material and product description for a fixed price prepared by the public entity and provided in the fixed price request for proposal. The final guaranteed maximum price and scope for the public work may be altered from the request for proposal and negotiated with the successful respondent at the discretion of the public entity;
   12. “Fixed scope request for proposal” means a request for an oral and written presentation of all qualifications deemed pertinent to the public work by the public entity in addition to a guaranteed maximum price for a preliminary design prepared by the design builder incorporating all elements of a fixed scope for the public work prepared by the public entity and provided in the fixed scope request for proposal. The final guaranteed maximum price and scope for the public work may be altered from the request for proposal and negotiated with the successful respondent at the discretion of the public entity;
   13. “Request for qualification” means a request for an oral or written presentation of all qualifications deemed pertinent to the public work by the public entity. The request for qualification shall include not less than all the provisions contained in W.S. 16-6-707(b);
   14. “Public work” means as described in W.S. 16-6-101(a)(ix).

History. Laws 1989, ch. 158, § 1; 2006, ch. 98, § 2; 2007, ch. 128, § 1; 2012, ch. 106, § 1; 2013, ch. 134, § 1; 2020, ch. 31, §§ 1, 2.

The 2006 amendment, effective July 1, 2006, in (a), inserted (v) through (vii) and redesignated the remaining subsection accordingly; and substituted “16-6-708” for “16-6-706” in (viii).

The 2007 amendment, effective July 1, 2007, in (a)(v), inserted “or design-builder” at the end of paragraph; added (a)(ix) through (a)(xiii); and made a related change.

The 2012 amendment, substituted “two hundred fifty thousand dollars ($250,000.00) for “one hundred thousand dollars ($100,000.00)” in (a)(vii).

The 2013 amendment, effective July 1, 2014, substituted “renovate or perform major maintenance of” for “erect, alter, install or repair” in (a)(ii) and “major maintenance or renovation” for “alteration or repair” in (a)(v).

The 2020 amendment, effective July 1, 2020, in (a)(ii) substituted “for a public work” for “to construct, renovate or perform major maintenance of any highway, public building, public work or public improvement, structure or system”; in (a)(iii) substituted “as defined in W.S. 16-6-101(a)(viii)” for “this state or a county, city, town or any political subdivision thereof”; repealed (a)(iv), which read “‘Substantial completion’ means the date when the construction is sufficiently complete, in accordance with the contract documents, as modified by any change orders agreed to by the parties, so that the work or designated portion thereof is available for use by the owner”; in (a)(v) substituted “completion of any public work” for “completion of the design and construction, major maintenance or renovation of any public building, work, improvement, facility, structure or system”; in (a)(vi), (a)(vii), (a)(ix), and (a)(xi) through (a)(xiii) substituted “public work” for “project”; in (a)(vii) substituted “public work” for “construction project work” twice, and deleted “with a guaranteed maximum price in excess of two hundred fifty thousand dollars ($250,000.00)” after “any project”; in the introductory language of (a)(ix) substituted “public work” for “public project” and “necessary for the public work” for “necessary to construct the project”; in (a)(ix)(A) substituted “public works” for “projects”; and added (a)(xiv).

Editor's notes. —

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

Appropriations. —

Laws 2009, ch. 203, § 1, appropriates one hundred thousand dollars ($100,000.00) from the budget reserve account to the state loan and investment board to be expended as provided in the act.

§ 16-6-702. Public entity; contracts; partial payments; retainage; alternate delivery methods authorized.

1. A public entity awarding a contract for a public work shall authorize partial payments of the amount due under the contract as stipulated in the contract document or as soon thereafter as practicable, to the contractor if the contractor is satisfactorily performing the contract.
2. In all contracts with a public entity for a public work, the public entity may retain no more than five percent (5%) of the calculated value of any work completed as retainage. The retained payment shall be due and payable as prescribed by W.S. 16-6-116(a). The retained payment shall be held in an account in the name of the contractor which account has been assigned to the public entity. If the public entity finds that satisfactory progress is being made in all phases of the contract it may, upon written request by the contractor, authorize payment from the withheld percentage. Before the payment is made, the public entity shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the contract work.
3. Alternate design and construction delivery methods may be used by a public entity for a public work.

History. Laws 1989, ch. 158, § 1; 2006, ch. 98, § 2; 2013, ch. 134, § 1; 2020, ch. 31, § 1.

The 2006 amendment, effective July 1, 2006, added (b).

The 2013 amendment, effective July 1, 2014, substituted “major maintenance or renovation” for “alteration or repair” in the first sentence and “major maintenance, renovation” for “improvement” in the fourth sentence of (a) and substituted “renovate or perform major maintenance of a” for “alter, repair or maintain” in (b).

The 2020 amendment, effective July 1, 2020, in (a) deleted “Notwithstanding W.S. 15-1-113(e)” at the beginning and substituted “contract for a public work” for “contract for the construction, major maintenance or renovation of any highway, public building, public work or public improvement, structure or system”; designated (b) from present (a) beginning with the second sentence and rewrote the present first sentence, which read “No more than ten percent (10%) of the calculated value of any work completed shall be withheld until fifty percent (50%) of the work required by the contract has been performed,” deleted the former second sentence, which read “Thereafter, the public entity may pay any of the remaining installments without retaining additional funds if, in the opinion of the public entity, satisfactory progress is being made in the work but under no condition shall more than ten percent (10%) be withheld on the remaining fifty percent (50%) of the work required,” added the present second sentence, in the present third sentence substituted “The retained payment shall be held” for “The withheld percentage of the contract price of the work, major maintenance, renovation or construction shall be retained,” added “account” after “contractor which,” and deleted “until the contract is completed satisfactorily and finally accepted by the public entity” at the end.

§ 16-6-703. Public work; completion by public entity; partial payments.

If it becomes necessary for a public entity to take over the completion of any public work, all of the amounts owing the contractor, including any payment retained under W.S. 16-6-702(b), shall first be applied toward the cost of completion of the public work. Any balance of the retained payment remaining after completion of the public work by the public entity shall be payable to the contractor or the contractor’s creditors. The retained payment which may be due any contractor shall be due and payable as prescribed by W.S. 16-6-116(a).

History. Laws 1989, ch. 158, § 1; 2020, ch. 31, § 1.

The 2020 amendment, effective July 1, 2020, substituted “public work” for “contract” throughout the section, “any payment retained under W.S. 16-6-702(b)” for “the withheld percentage,” “balance of the retained payment remaining after completion of the public work” for “balance remaining in the retained percentage after completion,” “retained payment” for “retained percentage,” and “W.S. 16-6-116 (a)” for “W.S. 16-6-116 .”

§ 16-6-704. Interest bearing deposit agreement; option to enter into.

If requested by the general contractor, a public entity shall enter into an interest bearing deposit agreement with any depository designated by the general contractor, after notice to the surety, to provide an agent for the custodial care and servicing of any deposits placed with him pursuant to this act on any contract of more than fifty thousand dollars ($50,000.00). The services shall include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this act.

History. Laws 1989, ch. 158, § 1; 2020, ch. 31, § 1.

The 2020 amendment, effective July 1, 2020, added “If requested by the general contractor” to the beginning of the first sentence, substituted “general contractor” for “contractor,” and “fifty thousand dollars ($50,000.00)” for “twenty-five thousand dollars ($25,000.00).”

Meaning of “this act.” —

For the definition of “this act,” referred to in both sentences, see § 16-6-701(a)(viii).

§ 16-6-705. Custodian for obligations; collection of interest income — payable to contractor.

The public entity or any depository designated by the contractor to serve as custodian for the obligations pursuant to W.S. 16-6-704 shall collect all interest and income when due on obligations so deposited and shall pay them, when and as collected, to the contractor or as otherwise instructed by the contractor. Any expense incurred for this service shall not be charged to the public entity.

History. Laws 1989, ch. 158, § 1.

§ 16-6-706. Applicability of provisions.

This act does not apply in the case of a contract made or awarded by any public entity if a part of the contract price is to be paid with funds from the federal government or from some other source and if the federal government or the other source has requirements concerning retention or payment of funds which are applicable to the contract and which are inconsistent with this act.

History. Laws 1989, ch. 158, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in this section, see § 16-6-701(a)(viii).

§ 16-6-707. Construction management alternate delivery method.

1. Excluding contracts for professional services, construction management and design-build delivery negotiations by public entities and construction managers shall be in accordance with residency and preference requirements imposed under W.S. 16-6-101 through 16-6-107 .
2. Formal requests for proposal for preconstruction or construction services by a construction manager or a design-builder submitted by a public entity shall require at least the following information:
   1. The location of the primary place of business;
   2. The name and identification of individuals to be assigned to the project;
   3. Experience with similar projects;
   4. Qualifications;
   5. Ability to protect the interests of the public entity during the project;
   6. Ability to meet project budget and time schedule requirements;
   7. Excluding contracts for professional services, compliance with W.S. 16-6-101 through 16-6-107 ; and
   8. For design-build alternative construction delivery methods, the names of the prime consultants used for architectural and engineering design services.
3. Negotiations between a public entity and a construction manager at-risk shall require that the construction manager at-risk comply with the residency and preference requirements imposed under W.S. 16-6-101 through 16-6-107 in the procurement of subcontractors and materials.

History. Laws 2006, ch. 98, § 1; 2007, ch. 128, § 1; ch. 185, § 1.

The 2007 amendments. —

The first 2007 amendment, by ch. 128, § 1, effective July 1, 2007, inserted “and design-build” in (a); in (b), inserted “or a design-builder,” and added (b)(viii); and made related and stylistic changes.

The second 2007 amendment, by ch. 185, § 1, substituted “16-6-101 through 16-6-107 ” for “16-6-102” in (b)(vii); and added (c).

Laws 2007, ch. 185, § 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 4, 2007.

While neither of the amendments gave effect to the other, both have been set out as above.

Effective dates. —

Laws 2006, ch. 98, § 3, makes the act effective July 1, 2006.

§ 16-6-708. Responsibilities under alternative delivery contracts.

1. Any construction manager agent, construction manager at risk or design-builder contract awarded shall comply with any reporting and administrative requirements as required by the public entity of the recipient of a design, bid and build contract, including retained payments, payment and performance bonding and default of contract.
2. All bids received under this section including subcontractor bids, shall be opened in public following reasonable public notice.

History. Laws 2006, ch. 98, § 1; 2007, ch. 128, § 1; 2010, ch. 111, § 1; 2011, ch. 176, § 1; 2020, ch. 31, § 1.

The 2007 amendment, effective July 1, 2007, inserted “or design-builder” and made a related change.

The 2010 amendment, effective July 1, 2010, added (b).

Laws 2010, ch. 111, § 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 11, 2010.

The 2011 amendment, in (b), substituted “received” for “let.”

Laws 2011, ch. 176 § 4, 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, 2011.

The 2020 amendment, effective July 1, 2020, in (a) substituted “including retained payments” for “including retainage.”

Effective dates. —

Laws 2006, ch. 98, § 3, makes the act effective July 1, 2006.

§ 16-6-801. Definitions.

1. As used in this article:
   1. “Agency” means any state office, department, board, commission or institution and any community college district to which funds have been appropriated, bonded or otherwise provided by the state for the design and original construction of any new building;
   2. “Architect” means any person licensed to practice architecture pursuant to W.S. 33-4-101 through 33-4-117 and designated as the project architect for a specific capital construction project;
   3. “Artist” means any practitioner generally recognized by peers or critics as a professional who produces works of art;
   4. “Building” means any permanent structure and any appurtenant structure intended to function as an office, courtroom, hearing or meeting room or other space for carrying on the operation of any agency and any auditorium, meeting room, classroom or other educational facility, library or museum space, or information center for use by the public, excluding utility lines, water projects, fish ponds, school buildings, city buildings, county buildings, public restrooms at state parks, separate structures which are not part of a larger construction project intended solely as storage, warehouse or maintenance and repair facilities;
   5. “Construction cost” means the cost for the actual design and original construction of any new building which is funded in total or in part by appropriated state funds, excluding land acquisition. The phrase does not include the cost for any building funded in part by city or county funds;
   6. “Department” means the department of state parks and cultural resources acting through the Wyoming arts council established under W.S. 9-2-901 ;
   7. “User” means that agency with principal administrative responsibility for the actual use of any building;
   8. “Works of art” means any frescoe, mosaic, sculpture, drawing, painting, photograph, calligraphy, graphic art, stained glass, wall hanging, tapestry, fountain, ornamental gateway, monument, display, architectural embellishment, craft, architectural landscape or any work of mixed media by an artist.

History. Laws 1991, ch. 172, § 1; 1999, ch. 69, § 2; 2004, ch. 130, § 1.

The 2004 amendment, in (a)(ii), substituted “33-4-117” for “33-4-115.”

Laws 2004, ch. 130, § 4, 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 19, 2004.

Editor's notes. —

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

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “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.”

§ 16-6-802. Construction of new public buildings; state funds.

1. The original construction of any new building shall include works of art for public display, which shall be included by the agency in determining total construction costs of the building at an amount equal to one percent (1%) of total costs but not to exceed one hundred thousand dollars ($100,000.00) on any one (1) project. Any new construction project for which the total cost is less than one hundred thousand dollars ($100,000.00) is exempt from this subsection.
2. Prior to transferring or authorizing the expenditure of any state funds for the original construction of any new building, the state auditor shall transfer to the state treasurer an amount equal to the amount specified under subsection (a) of this section for works of art. Upon receipt, the state treasurer shall deposit the amount transferred into a separate account, together with any grants, gifts or other funds received or appropriated by the state for the sole purpose of acquiring works of art for placement in buildings. Amounts deposited within the separate account shall be expended by the department for the acquisition of works of art by purchase, lease, commission or otherwise, the maintenance of works of art placed in buildings pursuant to this article and for the administration of this article.

History. Laws 1991, ch. 172, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, in (b), in the second sentence, deleted “within the general fund” following “into a separate account.”

Prospective application. —

Laws 1991, ch. 172, § 3, provides: “W.S. 16-6-802(a) shall apply only to any building which has not gone beyond the final design stage as of the effective date of this act.”

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.”

§ 16-6-803. Department of commerce to acquire works of art; advisory panel to consult in acquisition; procedure; public education programs.

1. In administering this article, the department shall in consultation with the advisory panel selected pursuant to subsection (c) of this section, designate works of art and sites for placement within buildings and shall accordingly and as necessary, select, purchase, commission, review, place, accept, sell, exchange or dispose of works of art.
2. The acquisition of works of art from funds within the separate account established under W.S. 16-6-802(b) shall not require advertisement for bids.
3. The department shall select a panel to serve in an advisory capacity to the department in selecting and designating works of art, comprised of representatives of the community in which the building is located, the user agency, the art community and the architect involved in the original construction of the building. Each panel member shall receive reimbursement for travel and per diem in the same amount and manner as by law provided for state employees.
4. The department shall by rule and regulation establish the jury procedure for works of art acquired under this article, which shall at minimum:
   1. Give preference to Wyoming artists;
   2. Prohibit consideration of any work of art of any panel member or a member of his immediate family for the project on which the panel member is serving;
   3. Require cooperation and communication with local and national art agencies;
   4. Provide a process for the transfer of acquired works of art from one (1) location to another.
5. The department may, upon request of any agency, authorize the acquisition of works of art through the pooling of funds available from small, multiple new construction projects and through the use of funds within the separate account as matching any funds available from nonstate sources.
6. In addition to other duties imposed under this article, the department shall develop and implement public education programs on the purpose of this article, the process for selecting works of art for placement in buildings, the state art collection and on the acquired works of art.

History. Laws 1991, ch. 172, § 1; 2004, ch. 130, § 1; 2005, ch. 231, § 1.

The 2004 amendment, in (b), substituted “W.S. 16-6-802(b)” for “W.S. 16-6-202(b).”

Laws 2004, ch. 130, § 4, 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 19, 2004.

The 2005 amendment, effective July 1, 2005, deleted “general fund” preceding “account” in (b) and (e).

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “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.”

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.”

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

Validity, construction and effect of state and local laws requiring governmental units to give “purchase preference” to goods manufactured or services performed in state, 84 ALR4th 419.

§ 16-6-804. Acquisitions property of state art collection; maintenance; expenses.

1. Upon acquisition of any work of art in accordance with this article, the work of art becomes the property of the state art collection and the department, through the state museum, shall:
   1. Maintain an inventory of the acquired work of art;
   2. Maintain and preserve the work of art; and
   3. Periodically review and examine the acquired work of art and report to the director of the department on any necessary restoration, repair, deaccession or replacement of the work of art.
2. The expenses incurred by the department in performing duties imposed under this section shall be paid from the separate account established under W.S. 16-6-802(b), which shall not exceed ten percent (10%) of the total amount expended for any specific work of art.

History. Laws 1991, ch. 172, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, in (b), deleted “general fund” preceding “account.”

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.”

§ 16-6-805. Application.

Nothing in this article shall limit the acquisition or placement of works of art acquired from other nonstate sources nor shall this article limit the use of architectural, functional or structural detailing or garnishing in the construction, remodeling, renovation or restoration of any building.

History. Laws 1991, ch. 172, § 1.

§ 16-6-901. Definitions.

1. As used in this act [§§ 16-6-901 and 16-6-902 ], unless the context clearly requires otherwise:
   1. “Apprentice” means an apprentice enrolled and registered in an approved apprenticeship training program;
   2. “Apprentice utilization preference” means the preference that is given to public works contract bidders who commit to ensure the appropriate percentage of labor hours will be performed by apprentices;
   3. “Labor hours” means the total hours of workers receiving an hourly wage who are directly employed on the site of the public works project. “Labor hours” includes hours worked by persons employed by the contractor and all subcontractors working on the project. “Labor hours” does not include hours worked by foremen, superintendents and owners;
   4. “Approved apprenticeship training program” means an apprenticeship training program approved by and registered with the bureau of apprenticeship and training, United States department of labor;
   5. “Department” means the department of workforce services.

History. Laws 2005, ch. 226, § 1.

Editor's notes. —

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

§ 16-6-902. Apprentices to be used on public works projects; waiver; report.

1. For all public works awarded by the state, the University of Wyoming, a community college or a school district pursuant to W.S. 16-6-101 through 16-6-206 estimated to cost one million dollars ($1,000,000.00) or more, a contractor who commits to ensure that not less than ten percent (10%) of the labor hours shall be worked by apprentices shall have his bid considered as if his bid were one percent (1%) lower than the actual dollar value of his bid. The contractor awarded a contract under this section, after consideration of all other applicable preferences under this chapter, shall be awarded the contract at the actual dollar value of his bid under this section. This subsection shall not apply to those state agencies that have a recognized or approved apprenticeship training program requirement by the United States department of labor or other appropriate federally funded program.
2. Following award of a contract under subsection (a) of this section, the department may, upon a demonstration of good cause shown by the contractor, excuse the contractor from the requirement that not less than ten percent (10%) of the labor hours on a specific project be performed by apprentices.
3. A contractor awarded a contract under this section shall make reasonable efforts to comply with the apprentice utilization preference provisions in this section so that the appropriate percentage of total labor hours is performed by apprentices. The contractor shall report to the department within fifteen (15) days after completion of the project, providing a statement describing compliance with the provisions of subsection (a) of this section if he received preferential consideration of his bid based on a commitment to ensure the specified total labor hours on the project would be performed by apprentices. The department shall report to the agency that awarded the contract, any contractor who received preferential consideration of his bid based on a commitment to ensure the specified total labor hours would be performed by apprentices on a project and who fails to file such report, or who fails to meet the total labor hours commitment for apprentices specified in his bid. Any contractor failing to file a report or failing to meet the total labor hours requirement for apprentices specified in his bid shall forfeit one percent (1%) of the total project cost to the state agency that awarded the contract, which amount shall be credited to the account from which the project was funded, unless good cause is shown as provided in subsection (b) of this section.
4. The department shall promulgate rules and regulations to implement the provisions of this section.
5. The department shall provide necessary assistance to an agency awarding a contract subject to the provisions of this section. The department shall collect the following data from each affected contractor for each project covered by this section:
   1. The number of apprentices and labor hours worked by them;
   2. The number, type and rationale for the exceptions granted under subsection (b) of this section.
6. Repealed by Laws 2008, ch. 44, § 2.
7. By January 1 of each year beginning in 2007, the department shall compile and summarize the collected data in subsection (e) of this section and provide a report to the governor, the joint labor, health and social services interim committee and the joint education interim committee. The report shall include any recommendations for modifications or improvements to the apprentice utilization program.

History. Laws 2005, ch. 226, § 1; 2008, ch. 44, § 2.

The 2008 amendment, repealed former (f), pertaining to various reporting requirements to the legislature and legislative committees.

Laws 2008, ch. 44, § 4, 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 5, 2008.

§ 16-6-1001. Capital construction projects restrictions; preference requirements; waivers.

1. Unless otherwise prohibited by federal law, any funds appropriated to or authorized for expenditure by a public entity for capital construction projects shall be subject to the restrictions of this section which shall be construed where possible as complimentary and consistent with other statutory requirements relating to competitive bidding and contractor preferences. To the extent the restrictions in this section are inconsistent with other state statutes, this section shall supersede all such inconsistent provisions and shall govern. This section shall be applied as follows:
   1. This paragraph shall apply to any alternate design and construction delivery method as defined in W.S. 16-6-701(a)(v):
      1. All contracts shall require the construction manager at risk or design builder to conduct an open bid process in compliance with Wyoming contractor preference laws before awarding any subcontracts for work covered under the contract;
      2. Unless exempted pursuant to subparagraph (C) of this paragraph the construction manager at risk or design builder shall award to responsible Wyoming resident contractors not less than seventy percent (70%) of the work covered by the manager’s or builder’s contract. As used in this subparagraph “work covered” shall be calculated using the total contract price and the total of payments made to all subcontractors under the contract, including materials but excluding from both amounts the price for any part of the contract for which a waiver is provided under subparagraph (C) of this paragraph;
      3. The requirement of subparagraph (B) of this paragraph may be waived for any part of the subcontract work to be performed under the contract. If waived in part, the remaining value of the total subcontract work to be performed under the contract is subject to and shall be used to calculate compliance with the requirement of subparagraph (B) of this paragraph. A waiver shall require a written determination that:
         1. The work to be performed is specialized or of such a scale that it can be more suitably performed by out-of-state contractors;
         2. The bid amounts submitted by responsible Wyoming subcontractors exceed one hundred five percent (105%) of the costs of out-of-state providers for equivalent quality of work or services;
         3. The enforcement of the requirement would unreasonably delay completion of construction; or
         4. There were insufficient responsible Wyoming contractors submitting bids to make the seventy percent (70%) requirement.
         5. Repealed by Laws 2012, ch. 106, § 2.
      4. Any waiver shall be approved in writing by the following persons:
         1. For projects to be completed by the state of Wyoming, by the director of the state construction department;
         2. For projects to be completed by the University of Wyoming, by the president of the university and the chairman of the board of trustees;
         3. For projects subject to review by the state construction department under title 21 of Wyoming statutes, by the director of the state construction department and the chairman of the board of the school facilities commission;
         4. For projects completed by a community college, by the community college president and its chairman of the board of trustees;
         5. For all other projects, by the respective governing body.
      5. Any approved waiver shall be documented in writing and provided to the governor. Notice of all approved waivers shall also be published on a website maintained by the state construction department, including a statement of the grounds for the waiver.
   2. Unless exempted pursuant to subparagraph (D) of this paragraph, this paragraph shall apply to all construction delivery methods:
      1. The procurement of furniture and movable equipment shall be done by competitive bid based upon:
         1. Specifications written for products that are available from Wyoming resident suppliers; or
         2. If specified products are not available from any Wyoming resident supplier, specifications addressing performance standards and functional requirements determined by the public entity. The public entity may specify suggested individual brands or manufacturers, provided that similar products that meet or exceed specifications shall be accepted as substitute products. Specified products that are not available to any responsible Wyoming resident suppliers shall not be used in any group or package within the bid documents which would exclude responsible Wyoming resident suppliers from submitting a bid on the final bid package.
      2. No person who was employed by the public entity to prepare the bid documents, whether with or without compensation, shall be eligible to bid on the final bid package;
      3. A five percent (5%) preference shall be granted to responsible Wyoming resident suppliers for procurements by public entities and that are used in and incorporated into a capital construction project;
      4. The requirements of subparagraph (A) of this paragraph may be waived by a political subdivision of the state for furniture or movable equipment upon a written determination that the furniture or movable equipment requirements of the project are so specialized or that an item or type of furniture or movable equipment is so unique or uncommon that failure to waive the requirements would materially impair the functionality of the project. Waivers under this subparagraph shall be approved by the governing body of the political subdivision.
   3. All bids shall be opened in public at a location designated by the public entity soliciting the bid. This paragraph shall apply to all construction delivery methods;
   4. Contractor progress payments shall be made only in accordance with this paragraph. If a public entity determines that a general contractor in good standing on a project requires a progress payment due for work completed in a workmanlike manner in order to pay a materialman, subcontractor or laborer for their work performed to date, the entity may issue the progress payment upon verification that all materialmen, subcontractors and laborers have been paid for completed work through the date of the most recent previous progress payment, less any contracted amounts lawfully held for retainage. If a progress payment has been withheld by a general contractor due to a reasonable dispute between a general contractor and a materialman or subcontractor, the claimant may present a claim in the disputed amount against the general contractor’s surety bond under the provisions of W.S. 16-6-117 . A person submitting false information regarding a progress payment subject to this paragraph shall be subject to the provisions of W.S. 16-6-120 .
2. through (d) Repealed by Laws 2020, ch. 31, § 2.
3. Repealed by Laws 2013, ch 134, §  2.
4. As used in this section:
   1. “Capital construction project” means new construction, demolition, renovation and capital renewal of or to any public building or facility and any other public improvement necessary for the public building or facility, major maintenance as defined in W.S. 16-6-101(a)(v) and major building and facility repair and replacement as defined in W.S. 21-15-109(a)(iii);
   2. “Public entity” means as defined in W.S. 16-6-101(a)(viii).

History. Laws 2011, ch. 81, § 1; 2012, ch. 1, § 1; ch. 106, §§ 1, 2; 2013, ch. 134, § 1, § 2; 2016, ch. 105, § 3; ch. 82, § 1; 2019, ch. 110, § 1; ch. 129, § 1; 2020, ch. 30, § 1; ch. 31, §§ 1, 2.

The 2012 amendments. — The first 2012 amendment, by ch. 1, § 1, effective July 1, 2012, substituted “workforce services” for “employment” twice in (c).

The second 2012 amendment, by ch. 106, §§ 1 and 2, in the introductory language of (a), added “legislatively appropriated” and “or ending June 30, 2014”; substituted “covered under the contract” for “to be performed for the project” in (a)(i)(A); in (a)(i)(B), substituted “work covered by the manager's or builder's contract” for “value of the total subcontract work to be performed for the project,” and added the present last sentence; rewrote the introductory language of (a)(i)(C); repealed former (a)(i)(C)(V), which read: “If the requirement of subparagraph (B) of this paragraph is waived in part, the remaining value of the total subcontract work to be performed for the project is subject to the requirement of subparagraph (B) of this paragraph”; substituted “department” for “commission” in (a)(i)(D)(III); deleted “and the joint appropriations interim committee” at the end of (a)(i)(E); substituted “and movable” for “fixtures and” or variants in (a)(ii)(A) and (D); added the present last sentence in (a)(iii); rewrote (a)(iv); deleted “and the joint appropriations interim committee” after “to the governor” in (b); in (c), substituted “entity” for “agency” throughout, substituted “workforce services” for “employment” throughout, and added the present last sentence; substituted “June 30, 2014” for “June 30, 2012” in (e); and made stylistic changes.

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

The 2013 amendment, effective July 1, 2014, deleted “legislatively appropriated” and “during the fiscal biennium ending June 30, 2012 or ending June 30, 2014, which have not been encumbered, obligated by contract or designed as of January 17, 2011” in the first sentence of in the introductory language of (a); added the second sentence of (a)(i)(E); inserted “by public entities” and “and that are used and incorporated into a public capital construction project” in (a)(ii)(C); and substituted “at a location designated by the public entity” for “in an office of the agency” in (a)(iii); and repealed (e) which read: “This section is repealed effective June 30, 2014.”.

The 2016 amendments. —

The first 2016 amendment, by ch. 82, § 1, substituted “Specifications of product” for “Generic” in (a)(ii)(A)(I), and at the end of (a)(ii)(A)(II), substituted “The agency may specify suggested individual brands or manufacturers, provided that similar products that meet or exceed specifications and that have been approved by the agency shall be accepted as substitute bid items. Specified products that are not available to any responsible Wyoming resident suppliers shall not be used in any group or package within the bid documents which would exclude responsible Wyoming resident suppliers from submitting a bid on the final bid package. As used in this subdivision, ‘agency’ means any department, agency or other instrumentality of the state or of a political subdivision of the state to which funds are appropriated or authorized for expenditure for capital construction projects and includes any entity that the agency contracts with to administer or award any bid” for “but without specification of individual brands or manufacturers” and made a related change.

Laws 2016, ch. 82, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8, Wyoming Constitution. Approved March 4, 2016.

The second 2016 amendment, by ch. 105 § 3, effective July 1, 2016, in (a)(i)(D)(I) substituted “state construction department” for “department of administration and information”; rewrote (a)(i)(D)(III), which formerly read, “For projects subject to review by the school facilities department, by the director of the school facilities commission and the chairman of the board of the school facilities commission”; and in (a)(i)(E), substituted “state construction department” for “construction management division of the department of administration and information.”

The 2019 amendments. —

The first 2019 amendment, by ch. 110, § 1, effective July 1, 2019, in (a)(i)(D)(II), substituted “chairman” for “president.”

The second 2019 amendment, by ch. 129, § 1, effective July 1, 2019, in introductory language in (a)(ii)(A), deleted “either,” in (a)(ii)(A)(I), substituted “written for products that are available from Wyoming resident suppliers” for “of product,” in (a)(ii)(A)(II), added “If specified products are not available from any Wyoming resident supplier” to the beginning of the first sentence, substituted “exceed specifications” for “exceed specifications and that have been approved by the agency” and “products” for “bid items” in the second sentence, in (a)(ii)(D), deleted “or (B),” added “by a political subdivision of the state” preceding “for furniture,” and substituted “by the governing body of the political subdivision” for “by the persons listed in subparagraph (a)(i)(D) of this section and are subject to subparagraph (a)(i)(E) of this section.”

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

The 2020 amendment, effective July 1, 2020, in the introductory language of (a) substituted “appropriated to or authorized for expenditure by a public entity” for “appropriated or authorized for expenditure”; in (a)(ii)(A)(II) and (a)(ii)(B) substituted “public entity” for “agency”; in (a)(ii)(A)(II) deleted the last sentence, which read “As used in this subdivision, “agency” means any department, agency or other instrumentality of the state or of a political subdivision of the state to which funds are appropriated or authorized for expenditure for capital construction projects and includes any entity that the agency contracts with to administer or award any bid”; in (a)(ii)(C) deleted “subject to this paragraph” after “public entities” and substituted “capital” for “public capital”; in (a)(iv) substituted “public entity” for “contracting entity,” added “less any contracted amounts lawfully held for retainage” at the end of the second sentence, substituted “the claimant may present a claim in the disputed amount against the general contractor's surety bond” for “or laborer, further progress payments shall not be paid to the general contractor but shall be retained in accordance with the guidelines addressing disputed final payments,” and made stylistic changes; repealed (b) through (d); and added (f).

This section is set out as reconciled by the Wyoming legislative service office.

Editor's notes. —

Laws 2019, ch. 129, § 2, provides: “This act shall only apply to the procurement of products on or after July 1, 2019.”

§ 16-7-101. Short title.

This act is known and may be cited as the “Wyoming Relocation Assistance Act of 1973”.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-729; Rev. W.S. 1957, § 9-725; W.S. 1977, § 9-17-101 ; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-7-102(a)(x).

§ 16-7-102. Definitions.

1. As used in this act:
   1. “Agency” means any department, agency or instrumentality of the state or of a political subdivision of the state, any department, agency or instrumentality of two (2) or more political subdivisions of the state which has the authority to acquire property by eminent domain under state law;
   2. “Business” means any lawful activity, excepting a farm operation, conducted:
      1. Primarily for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing or marketing of products, commodities or any other personal property;
      2. For the sale of services to the public;
      3. By a nonprofit organization; or
      4. Solely for the purposes of W.S. 16-7-103 , for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display, whether or not the display is located on the premises on which any of the above activities are conducted.
   3. “Comparable replacement dwelling” means any dwelling that is:
      1. Decent, safe and sanitary;
      2. Adequate in size to accommodate the occupants;
      3. Within the financial means of the displaced person;
      4. Functionally equivalent to the displaced person’s prior dwelling;
      5. Located in an area not subject to unreasonably adverse environmental conditions; and
      6. In a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services and the displaced person’s place of employment.
   4. “Displaced person” means except as provided in W.S. 16-7-103 (a) and (b) and 16-7-106 :
      1. Any person who moves from real property, or moves his personal property from real property:
         1. As a direct result of a written notice of intent to acquire or the actual acquisition of all or part of the real property; or
         2. Upon which the person is a residential tenant, conducts a small business, a farm operation or a business defined in W.S. 16-7-102(a)(ii)(D), as a direct result of rehabilitation, demolition or other displacing activity as the agency may prescribe under a program or project undertaken by a displacing agency in which the displacing agency determines that the displacement is permanent.
      2. Solely for the purposes of W.S. 16-7-103(a) and (b), and 16-7-106 , any person who moves from real property or moves his personal property from real property:
         1. As a direct result of a written notice of intent to acquire or the actual acquisition of other real property in whole or in part for a program or project undertaken by a displacing agency; or
         2. As a direct result of rehabilitation, demolition or other displacing activity as the agency may prescribe under a program or project undertaken by a displacing agency where the displacing agency determines that the displacement is permanent.
      3. “Displaced person” does not include:
         1. A person who has been determined according to criteria established by the agency to be either unlawfully occupying the displacement dwelling or to have occupied the dwelling for the purpose of obtaining assistance under this act; and
         2. Any person, other than a person who was an occupant of the property at the time it was acquired, who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.
   5. “Displacing agency” means an agency carrying out a program or project with federal or state financial assistance which causes a person to be a displaced person;
   6. “Farm operation” means any activity conducted solely or primarily for the production of one (1) or more agricultural products or commodities, including timber, produced in sufficient quantity to be capable of contributing materially to the operator’s support as determined by the agency;
   7. “Federal financial assistance” means a grant, loan, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual or contribution provided by the United States, except any federal guarantee or insurance;
   8. “Mortgage” means classes of liens commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the state in which the real property is located together with any credit instruments;
   9. “Nonprofit organization” means any organization, business or corporation organized under any law of this state or under the law of any other jurisdiction, for a purpose other than the conduct of business for profit, and includes corporations organized for charitable, educational, religious or social and fraternal purposes;
   10. “This act” means W.S. 16-7-101 through 16-7-121 .

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-730; Rev. W.S. 1957, § 9-726; W.S. 1977, § 9-17-102 ; Laws 1982, ch. 62, § 3; 1989, ch. 241, § 1.

Editor's notes. —

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

Law reviews. —

For comment, “Wyoming Eminent Domain Act: Comment on the Act and Rule 71.1 of the Wyoming Rules of Civil Procedure,” see XVIII Land & Water L. Rev. 739 (1983).

§ 16-7-103. Relocation payments to displaced persons.

1. Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the displacing agency shall provide for the payment to the displaced person of:
   1. Actual reasonable expenses in moving himself, his family, business, farm operation or other personal property;
   2. Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the agency;
   3. Actual reasonable expenses in searching for a replacement business or farm; and
   4. Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site, in accordance with criteria to be established by the agency.
2. Any displaced person eligible for payments under subsection (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive an expense and dislocation allowance, determined according to a schedule established by the agency.
3. Any displaced person eligible under criteria established by the agency for payments under subsection (a) of this section who is displaced from his place of business or from his farm operation may elect to accept a fixed payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section. The fixed payment shall be determined by the agency and shall not be less than one thousand dollars ($1,000.00) nor more than twenty thousand dollars ($20,000.00). A person whose sole business at the displacement dwelling is the rental of the property to others shall not qualify for a payment under this subsection.
   1. and (ii) Repealed by Laws 1989, ch. 241, § 2.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-731; Rev. W.S. 1957, § 9-727; W.S. 1977, § 9-17-103 ; Laws 1982, ch. 62, § 3; 1989, ch. 241, §§ 1, 2; 2007, ch. 139, § 2.

The 2007 amendment, effective July 1, 2007, in (a)(iv) deleted “not to exceed ten thousand dollars ($10,000.00).” at the end of the sentence.

§ 16-7-104. Replacement housing payments; home owners.

1. In addition to payments otherwise authorized by this act, the displacing agency shall make a payment not in excess of twenty-two thousand five hundred dollars ($22,500.00) to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than one hundred eighty (180) days prior to the initiation of negotiations for the acquisition of the property. The additional payment shall include:
   1. The amount, if any, which when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling;
   2. The amount, if any, which will compensate the displaced person for any increased interest costs and other debt service costs which the person is required to pay for financing the acquisition of a comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than one hundred eighty (180) days immediately prior to the initiation of negotiations for the acquisition of the dwelling; and
   3. Reasonable expenses incurred by the displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
2. The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a replacement dwelling which is decent, safe and sanitary within one (1) year after the date on which he receives final payment from the displacing agent for the acquired dwelling or the date on which the obligation of the displacing agency under W.S. 16-7-107 is met, whichever is later, except that the displacing agency may extend the period for good cause. If the period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within one (1) year of such date.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-732; Rev. W.S. 1957, § 9-728; W.S. 1977, § 9-17-104 ; Laws 1982, ch. 62, § 3; 1989, ch. 241, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence in the introductory paragraph of subsection (a), see § 16-7-102(a)(x).

§ 16-7-105. Replacement housing payment; tenants.

1. In addition to amounts otherwise authorized by this act, a displacing agency shall make a payment to or for any displaced person displaced from any dwelling and not eligible to receive a payment under W.S. 16-7-104 , providing the displaced person actually and lawfully occupied the dwelling for not less than ninety (90) days immediately prior to:
   1. The initiation of negotiations for acquisition of the dwelling; or
   2. An event as prescribed by the agency in any case in which displacement is not a direct result of acquisition.
2. The payment under subsection (a) of this section shall consist of the amount necessary to enable the displaced person to lease or rent, for a period not to exceed forty-two (42) months a comparable replacement dwelling not to exceed five thousand two hundred fifty dollars ($5,250.00). At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling shall take into account the person’s income.
3. Any person eligible for a payment under subsections (a) and (b) of this section may elect to apply the payment to a down payment including incidental expenses on the purchase of a decent, safe and sanitary replacement dwelling. That person may at the discretion of the displacing agency be eligible under this subsection for the maximum payment allowed under subsection (b) of this section, except that in the case of a displaced home owner who has owned and occupied the displacement dwelling for at least ninety (90) days but not more than one hundred eighty (180) days immediately prior to the initiation of negotiations for the acquisition of the dwelling, the payment shall not exceed the payment the person would otherwise have received under W.S. 16-7-104(a) of this act had the person owned and occupied the displacement dwelling one hundred eighty (180) days immediately prior to the initiation of the negotiations.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-733; Rev. W.S. 1957, § 9-729; W.S. 1977, § 9-17-105 ; Laws 1982, ch. 62, § 3; 1989, ch. 241, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-7-102(a)(x).

§ 16-7-106. Relocation assistance advisory programs; services provided.

1. Programs or projects undertaken by a displacing agency shall be planned in a manner that:
   1. Recognizes at an early stage in the planning of the programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses and farm operations; and
   2. Provides for the resolution of the problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.
2. Displacing agencies shall ensure that the relocation assistance advisory services described in subsection (c) of this section are made available to all persons displaced by the agency. If the agency determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury due to the activity, the agency may make available the advisory services.
3. Each relocation assistance advisory program required by subsection (b) of this section shall include measures, facilities or services as may be necessary or appropriate in order to:
   1. Determine and make timely recommendations on the needs and preferences of displaced persons for relocation assistance;
   2. Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;
   3. Supply:
      1. Information concerning programs of the federal, state and local governments offering assistance to displaced persons; and
      2. Technical assistance to persons applying for assistance under the programs.
   4. Provide other advisory services to displaced persons in order to minimize hardships to displaced persons in adjusting to relocation;
   5. The displacing agency shall coordinate relocation activities performed by the agency with other federal, state or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services; and
   6. Provide current and continuing information on the availability, sales prices and rental charges of comparable replacement dwellings for displaced home owners and tenants and suitable locations for businesses and farm operations.
4. Notwithstanding W.S. 16-7-102(a)(iv)(C) in any case in which a displacing agency acquires property for a program or project, any person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project is eligible for advisory services to the extent determined by the displacing agency.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-734; Rev. W.S. 1957, § 9-730; W.S. 1977, § 9-17-106 ; Laws 1982, ch. 62, § 3; 1989, ch. 241, § 1.

§ 16-7-107. Assurance of replacement housing; waiver.

1. If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available and the displacing agency determines that the dwellings cannot otherwise be made available, the displacing agency may take action as necessary or appropriate to provide dwellings by use of funds authorized for the project. The displacing agency may use this section to exceed the maximum amounts which may be paid under W.S. 16-7-104 and 16-7-105 on a case-by-case basis for good cause as determined in accordance with rules and regulations promulgated by the agency. Regulations issued pursuant to W.S. 16-7-108 may prescribe situations when these assurances may be waived.
2. No person shall be required to move from a dwelling due to any program or project undertaken by a displacing agency unless the displacing agency is satisfied that comparable replacement housing is available to the person.
3. The displacing agency shall assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of:
   1. A major disaster as defined in the Disaster Relief Act of 1974, 42 U.S.C. § 5122;
   2. Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-735; Rev. W.S. 1957, § 9-731; W.S. 1977, § 9-17-107 ; Laws 1982, ch. 62, § 3; 1989, ch. 241, § 1.

§ 16-7-108. Assurance of replacement housing; prescription of rules, regulations and procedures by governor.

1. The governor shall adopt rules and regulations as may be necessary under federal laws and the rules and regulations promulgated thereunder to assure that:
   1. The payments and assistance authorized by this act shall be administered in a manner which is fair and reasonable, and as uniform as practicable;
   2. A displaced person who makes proper application for a payment authorized by this act shall be paid promptly after a move or, in hardship cases, be paid in advance; and
   3. Any person aggrieved by a determination as to eligibility for a payment authorized by this act, or the amount of a payment, may have his application reviewed in accordance with the Wyoming Administrative Procedure Act.
2. The governor may prescribe other regulations and procedures, consistent with the provisions of this act.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-736; Rev. W.S. 1957, § 9-732; W.S. 1977, § 9-17-108 ; Laws 1982, ch. 62, § 3.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 16-7-102(a)(x).

§ 16-7-109. Assurance of replacement housing; administration of relocation programs.

In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, with the approval of the governor the agency may enter into contracts with any person for services in connection with those programs, or may carry out its functions under this act through any federal agency or any department or instrumentality of the state or its political subdivisions having an established organization for conducting relocation assistance programs.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-737; Rev. W.S. 1957, § 9-733; W.S. 1977, § 9-17-109 ; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-7-102(a)(x).

§ 16-7-110. Available funds.

1. Funds appropriated or otherwise available to any state agency or unit of local government for the acquisition of real property or any interest therein for a particular program or project shall also be available to carry out the provisions of this act as applied to that program or project.
2. No payment or assistance under this act shall be required to be made to any person or included as a program or project cost under this section, if the person receives a payment required by federal, state or local law which is determined by the agency to have substantially the same purpose and effect as the payment under this act.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-738; Rev. W.S. 1957, § 9-734; W.S. 1977, § 9-17-110 ; Laws 1982, ch. 62, § 3; 1989, ch. 241, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (a) and twice in subsection (b), see § 16-7-102(a)(x).

§ 16-7-111. Available funds; state financial assistance for local relocation payments and services.

If an agency of any political subdivision of the state acquires real property, and state financial assistance is available to pay all or part of the cost of the acquisition of that real property, or of the improvement for which the property is acquired, the cost to the agency of providing the payments and services prescribed by this act shall be included as part of the costs of the project for which state financial assistance is available and the agency is eligible for state financial assistance for relocation payments and services in the same manner and to the same extent as other project costs.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-739; Rev. W.S. 1957, § 9-735; W.S. 1977, § 9-17-111 ; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-7-102(a)(x).

§ 16-7-112. [Repealed.]

Repealed by Laws 1989, ch. 241, § 2.

Cross references. —

For the definition of “displaced person,” see § 16-7-102(a)(iv).

Editor's notes. —

This section, which derived from Laws 1973, ch. 218, § 1, related to displaced persons.

§ 16-7-113. Displacement payments not considered as income for public assistance purposes.

No payment received by a displaced person under this act is considered as income or as a resource for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of the state’s personal income tax law, corporation tax law or other tax laws. These payments are not considered as income or resources of any recipient of public assistance, and the payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-741; Rev. W.S. 1957, § 9-737; W.S. 1977, § 9-17-113 ; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 16-7-102(a)(x).

§ 16-7-114. Appeals by aggrieved persons.

Any person or business concern aggrieved by a final administrative determination pursuant to the Wyoming Administrative Procedure Act concerning eligibility for relocation payments authorized by this act may appeal that determination to the district court in the area in which the land taken for public use is located or in which the building code enforcement activity occurs or the voluntary rehabilitation program is conducted.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-742; Rev. W.S. 1957, § 9-738; W.S. 1977, § 9-17-114 ; Laws 1982, ch. 62, § 3.

Cross references. —

For rules governing judicial review of administrative action, see Rule 12, W.R.A.P.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-7-102(a)(x).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 16-7-115. Programs with federal financing; reimbursable expenses of displaced property owner.

1. Any agency acquiring real property for a program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, reimburse the owner, to the extent the acquiring agency deems fair and reasonable, for expenses he necessarily incurred for:
   1. Recording fees, transfer taxes and similar expenses incidental to conveying such real property to the acquiring agency;
   2. Penalty costs for prepayment for any preexisting recorded mortgage entered into in good faith encumbering such real property; and
   3. The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring agency, or the effective date of possession of the real property by the acquiring agency, whichever is earlier.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-743; Rev. W.S. 1957, § 9-739; W.S. 1977, § 9-17-115 ; Laws 1982, ch. 62, § 3.

Editor's notes. —

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

§ 16-7-116. Programs with federal financing; condemnation proceedings; winning owner's reimbursable litigation expenses.

If a condemnation proceeding is instituted by an agency to acquire real property for a purpose as set forth in W.S. 16-7-115 , and the final judgment is that the real property cannot be acquired by condemnation or that the proceeding is abandoned, the owner of any right, title or interest in the real property shall be paid a sum which will, in the opinion of the court, reimburse the owner for his reasonable attorney, appraisal and engineering fees actually incurred because of the condemnation proceedings. The award of the sums will be paid by the agency which sought to condemn the property.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-744; Rev. W.S. 1957, § 9-740; W.S. 1977, § 9-17-116 ; Laws 1982, ch. 62, § 3.

No attorney's fees absent final judgment. —

The landowners were not entitled to recover attorney's fees, where the court did not issue a final judgment that the land could never be acquired by condemnation, but instead merely ruled that the land could be condemned if the condemnor followed statutory requirements, and a second condemnation action was filed. Town of Wheatland v. Bellis Farms, 806 P.2d 281, 1991 Wyo. LEXIS 24 (Wyo. 1991).

§ 16-7-117. Programs with federal financing; inverse condemnation proceedings.

If an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of the alleged taking of his property for any program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project, the court, rendering a judgment for the plaintiff in the proceeding and awarding compensation for the taking of property, or attorney for the acquiring agency effecting a settlement of any proceeding, determines and awards or allows to the plaintiff, as a part of the judgment or settlement, a sum which will, in the opinion of the court or the attorney, reimburse the plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of the proceeding.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-745; Rev. W.S. 1957, § 9-741; W.S. 1977, § 9-17-117 ; Laws 1982, ch. 62, § 3.

§ 16-7-118. Programs with federal financing; real property acquisition policies.

1. Any agency which acquires real property for a program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project shall comply with the following policies:
   1. Every reasonable effort shall be made to acquire expeditiously real property by negotiation;
   2. Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property. The agency may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value;
   3. Before the initiation of negotiations for real property, an amount shall be established which is reasonably believed to be just compensation therefor, and that amount shall be offered for the property. In no event shall the amount be less than the approved appraisal of the fair market value of the property. Any decrease or increase in the fair market value of real property, prior to the date of valuation caused by the public improvement for which the property is acquired, or by the likelihood that the property would be acquired for the improvement, other than that due to physical deterioration within the reasonable control of the owner, shall be disregarded in determining the compensation for the property. The owner of the real property to be acquired shall be provided with a written statement of, and summary of the basis for, the amount established as just compensation. If appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated;
   4. No owner is required to surrender possession of real property before the agreed purchase price is paid or before there is deposited with the court, in accordance with applicable law, for the benefit of the owner, an amount not less than the approved appraisal of the fair market value of the property, or the amount of the award of compensation in the condemnation proceeding of the property;
   5. The construction or development of a program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move his business or farm operation without at least ninety (90) days written notice of the date by which the move is required;
   6. If an owner or tenant is permitted to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the acquiring agency on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier;
   7. In no event shall the time of condemnation be advanced, or negotiations or condemnation and the deposit of funds in court for the use of the owner be deferred, or any other action coercive in nature be taken to compel an agreement on the price to be paid for the property;
   8. If an interest in real property is to be acquired by exercise of the power of eminent domain, formal condemnation proceedings shall be instituted. The acquiring agency shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property;
   9. If the acquisition of only a portion of the property would leave the owner with an uneconomic remnant, the agency shall offer to acquire the remnant;
   10. A person whose real property is being acquired in accordance with this section may, after the person has been fully informed of his right to receive just compensation for the property, donate the property, any part of the property, any interest in the property, or any compensation paid for the property to an agency, as the person shall determine;
   11. For purposes of this section:
       1. “Acquiring agency” means:
          1. An agency as defined in W.S. 16-7-102(a)(i) which has the authority to acquire property by eminent domain under state law; or
          2. An agency or person which does not have the authority to acquire property by eminent domain under state law, to the extent provided by the governor by rules and regulations.
       2. “Appraisal” means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of adequately described property as of a specific date supported by the presentation and analysis of relevant market information;
       3. “Uneconomic remnant” means a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner’s property and which the agency has determined has little or no value or utility to the owner.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-746; Rev. W.S. 1957, § 9-742; W.S. 1977, § 9-17-118 ; Laws 1982, ch. 62, § 3; 1989, ch. 241, § 1.

Editor's notes. —

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

§ 16-7-119. Programs with federal financing; buildings, structures and improvements upon acquired property; acquisition of interest; compensation therefor.

1. If any interest in real property is acquired for a program or project for which federal assistance will be available to pay all or any part of the cost of the program or project, the acquiring agency shall acquire an equal interest in all buildings, structures or other improvements located upon the real property so acquired and which are required to be removed from the real property or which the head of the acquiring agency determines will be adversely affected by the use to which the real property will be put.
2. For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired by subsection (a) of this section, the building, structure or other improvement is deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove the building, structure or improvement at the expiration of his term, and the fair market value which the building, structure or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of the building, structure or improvement for removal from the real property, whichever is greater, shall be paid to the tenant therefor.
3. Payment for buildings, structure [structures] or improvements as set forth in this section shall not result in duplication of any payments otherwise authorized by state law. No payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any payment, the tenant shall assign, transfer and release all his right, title and interest in and to the improvements. Nothing in this section shall be construed to deprive the tenant of any rights to reject payment and to obtain payment for the property interests in accordance with other laws of the state.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-747; Rev. W.S. 1957, § 9-743; W.S. 1977, § 9-17-119 ; Laws 1982, ch. 62, § 3.

§ 16-7-120. Applicability of real property acquisition provisions.

This act applies only to acquisitions of real property by an agency for a program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project, except that if any other provision of state law is applicable to the acquisitions, and the provision of state law requires relocation payments and assistance or prescribes land acquisition policies which are equivalent to or are greater or more stringent than the payments, assistance or policies specified by this act, the other provision of state law applies to the acquisitions.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-748; Rev. W.S. 1957, § 9-744; W.S. 1977, § 9-17-120 ; Laws 1982, ch. 62, § 3.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in this section, see § 16-7-102(a)(x).

§ 16-7-121. Damages in condemnation proceedings.

Nothing in this act shall be construed as creating, in any condemnation proceedings brought under the power of eminent domain, any element of damages not in existence on the date of enactment of this act.

History. Laws 1973, ch. 218, § 1; W.S. 1957, § 9-749; Rev. W.S. 1957, § 9-745; W.S. 1977, § 9-17-121 ; Laws 1982, ch. 62, § 3.

Editor's notes. —

Section 4, ch. 218, Laws 1973, makes the act effective from and after passage. Approved March 5, 1973.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-7-102(a)(x).

§ 16-8-101. Removal of off-premise outdoor advertising prohibited without compensation; definitions.

1. No governmental entity, including the state, or any municipality, county or other political subdivision shall remove or cause to be removed any legally placed off-premise outdoor advertising without paying due compensation in cash or other method of payment mutually agreed upon, to the owner of the off-premise outdoor advertising based upon the fair market value of the off-premise outdoor advertising removed or proposed to be removed.
2. As used in this section:
   1. “Off-premise outdoor advertising” means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard or other thing which is designed, intended or used to advertise or inform and which is situated in order to be visible from any street, road or highway and which is located on property which is separate from the premise or property on which the advertised activity is carried out;
   2. “Fair market value of the off-premise outdoor advertising” means the value of the off-premise outdoor advertising determined in the same manner as provided by W.S. 1-26-704 .

History. Laws 1983, ch. 46, § 1; 1995, ch. 81, § 1.

Editor's notes. —

Laws 1995, ch. 81, § 2, provides: “Nothing in this act shall be construed to nullify the provisions of W.S. 24-10-101 through 24-10-115 .”

§ 16-9-101. Short title.

This act is known and may be cited as the “Emergency Telephone Service Act”.

History. Laws 1989, ch. 150, § 1.

Meaning of “this act.” —

For the definition of “[t]his act,” referred to in this section, see § 16-9-102(a)(x).

§ 16-9-102. Definitions.

1. As used in this act:
   1. “Governing body” means the board of county commissioners of a county, city council or other governing body of a city, town or county, the board of directors of a special district or a joint powers board established pursuant to W.S. 16-4-101 through 16-4-110 ;
   2. “Local exchange access company” means a franchised telephone company engaged in providing telecommunications services between points within a local calling area;
   3. “Local exchange access line” means any land line telephone line that connects a telephone subscriber to the local switching office and has the capability of reaching local public safety service agencies by voice communication;
   4. “911 emergency reporting system” or “911 system” means a telephone system consisting of network, database, services and equipment, including operating and personnel costs as specified in W.S. 16-9-105 , using the single three-digit number 911 for reporting police, fire, medical or other emergency situations and enabling the users of a public telephone system, other technology or wireless telecommunications system to reach a public safety answering point to report emergencies by dialing 911. 911 emergency reporting systems may include systems consisting of network, database, services and equipment, including operating and personnel costs as specified in W.S. 16-9-105 , using 911 databases and public safety answering points to disseminate warnings to the public of impending hazards, including storms, floods, hazardous materials incidents or other emergencies that could compromise the public safety. For any 911 emergency reporting system that operates a reverse 911 warning system, a quarterly test on the warning system will be conducted by calling random numbers. The level of technology for provision of the 911 emergency reporting system is to be determined by the governing body and may include enhanced wireless 911 services, however, the 911 system shall include a device for telecommunications for the deaf;
   5. “911 emergency tax” is the state-wide tax authorized by W.S. 16-9-109 and a tax on service users within the governing body’s designated 911 service area set by the governing body in accordance with this act and assessed on each service user’s local exchange access lines and wireless communications access to pay the directly related costs of a 911 system as authorized in accordance with W.S. 16-9-105;
   6. “Public agency” means any city, town, county, special district, a joint powers board established pursuant to W.S. 16-4-101 through 16-4-110 or other political subdivision of the state located in whole or in part within this state providing or having the authority to provide fire fighting, law enforcement, ambulance, emergency medical or other emergency services;
   7. “Public safety answering point” means a twenty-four (24) hour local jurisdiction communications facility receiving 911 service calls and directly dispatching emergency response services or relaying calls to the appropriate public or private safety agency or disseminating warnings to the public of impending hazards, including storms, floods, hazardous materials incidents or other emergencies that could compromise the public safety;
   8. “Service supplier” means any utility, person or entity providing or offering to provide 911 system equipment, database installation, maintenance or local exchange access, wireless communication access or other technological device that under normal operation is designed or routinely used to access 911 services within the 911 service access area, including, for purposes of W.S. 16-9-108 and 16-9-109 , a seller of prepaid wireless communications access;
   9. “Service user” means any person within the local government’s designated 911 service area who is provided local exchange access telephone service, wireless communication access service or other technological device that under normal operation is designed or routinely used to access 911;
   10. “This act” means W.S. 16-9-101 through 16-9-111 ;
   11. “Enhanced wireless 911 service” means any enhanced 911 service so designated by the Federal Communications Commission, including wireless automatic location identification and automatic number identification;
   12. “Wireless automatic location identification” means the definition supplied by the Federal Communication Commission regulation that provides for the automatic display on equipment at the public safety answering point of the location of the wireless service user initiating a 911 call to the public safety answering point;
   13. “Wireless automatic number identification” means the definition supplied by the Federal Communication Commission regulation that allows the mobile identification number of the wireless service user initiating a 911 call to the public safety answering point;
   14. “Wireless carrier” means a provider of commercial mobile services or any other radio communication service that the Federal Communications Commission requires to provide wireless 911 service;
   15. “Wireless communications access” means the radio equipment and assigned mobile identification number used to connect a wireless customer to a wireless carrier for two-way interactive voice or voice capable services;
   16. “Wireless 911 service” means any 911 service provided by a wireless carrier, including enhanced wireless 911 service;
   17. “Prepaid wireless communications access” means wireless communications access which requires advance payment that is sold in predetermined units or dollars of which the number declines with use in a known amount.
   18. “Law enforcement agency” means as defined in W.S. 7-3-902(a)(i).

History. Laws 1989, ch. 150, § 1; 1990, ch. 73, § 2; 2003, ch. 121, § 2; 2004, ch. 130, § 1; 2008, ch. 66, § 1; 2012, ch. 67, § 1; 2015, ch. 90, § 2; 2019, ch. 178, § 2; 2020, ch. 98, § 2.

The 2004 amendment, in (a)(x), substituted “16-9-108” for “16-9-106.”

Laws 2004, ch. 130, § 4, 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 19, 2004.

The 2008 amendment, effective July 1, 2008, added the second, third and last sentence in (a)(iv); and added all that part following “private safety agency” in (a)(vii).

The 2012 amendment, effective July 1, 2012, in (a)(i), added “or a joint powers board established pursuant to W.S. 16-4-101 through 16-4-110 ” and made a related change; and in (a)(vi), inserted “a joint powers board established pursuant to W.S. 16-4-101 through 16-4-110 .”

The 2015 amendment, in (a)(iv), deleted the former last sentence, which read: “Effective January 1, 2009, the governing body shall file with the Wyoming public service commission a certified statement of its annual gross receipts and detailed and itemized annual expenditures of any taxes collected pursuant to this act from 2004 through and including the most recent calendar year”; in (a)(v), inserted “the state-wide tax authorized by W.S. 16-9-109 and”; at the end of (a)(viii), added “including, for purposes of W.S. 16-9-108 and 16-9-109 , a seller of prepaid wireless communications access”; in (a)(x), substituted “16-9-109” for “16-9-108”; added (a)(xvii); and made related changes.

Laws 2015, ch. 90, § 4, 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, 2015.

The 2019 amendment, in (a)(x), substituted “W.S. 16-9-101 through 16-9-110 ” for “W.S. 16-9-101 through 16-9-109 .”

Laws 2019, ch. 178 § 4, 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 8, 2019.

The 2020 amendment, effective July 1, 2020, in (a)(x) substituted “through 16-9-111 ” for “through 16-9-110 ”; and added (a)(xviii).

Editor's notes. —

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

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “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.”

§ 16-9-103. Imposition of tax; liability of user for tax; collection; uncollected amounts; discontinuing service prohibited.

1. In addition to any other powers for the protection of the public health, a governing body may incur any nonrecurring or recurring costs for the installation, maintenance or operation of a 911 system and may pay these costs by imposing a 911 emergency tax for this service in those portions of the governing body’s jurisdiction for which 911 service is to be provided.
2. In accordance with the provisions of this subsection, and after a public hearing the governing body may, by ordinance in the case of cities and by resolution in the case of counties or special districts, impose a monthly uniform tax on service users within its designated 911 service area in an amount not to exceed seventy-five cents ($.75) per month on each local exchange access line, per wireless communications access or other technological device that under normal operation is designed or routinely used to access 911. Only one (1) governing body may impose a 911 emergency tax for each 911 system. Except as provided by W.S. 16-9-109 for prepaid wireless communication access and regardless of the level at which the tax is set, if an assessment is made on both local exchange access facilities and wireless communications access, the amount of the tax imposed per local exchange access facility and the amount of the tax imposed per wireless communications access or access by other technological device that under normal operation is designed or routinely used to access 911, shall be equal. Except as provided by W.S. 16-9-109 , the proceeds of the 911 emergency tax shall be set aside in an enterprise fund or other separate accounts from which the receipts shall be used to pay for the 911 system costs authorized in W.S. 16-9-105 , and may be imposed at any time following the execution of an agreement with the provider of the service at the discretion of the governing body.
3. No 911 emergency tax shall be imposed upon more than one hundred (100) local exchange access lines or their equivalent per customer billing.
4. Collection of any 911 emergency tax from a service user pursuant to this act shall commence at the time specified by the governing body in accordance with this act. Taxes imposed under this act and required to be collected by the service supplier shall be added to and stated separately in the billings to the service user.
5. Every billed service user shall be liable for any 911 emergency tax imposed under this act until it has been paid to the service supplier or governing body.
6. An action to collect taxes under subsection (d) of this section may be brought by or on behalf of the public agency imposing the tax. The service supplier shall annually provide the governing body a list of the amounts uncollected along with the names and addresses of delinquent service users. The service supplier is not liable for uncollected amounts.
7. Any 911 emergency tax imposed under this act shall be collected at the time charges for the telecommunications are collected under the regular billing practice of the service supplier.
8. Service shall not be discontinued to any service user by any service supplier for the nonpayment of any tax under this act.
9. The 911 emergency tax imposed pursuant to this section shall only be imposed upon service users whose address is in those portions of the governing body’s jurisdiction for which emergency telephone service shall be provided; however, such 911 emergency tax shall not be imposed upon any state or local governmental entity.
10. Effective January 1, 2015, and every fiscal year through June 30, 2019, the governing body primarily responsible for the expenditure of revenues collected pursuant to this act shall file with the Wyoming public service commission a statement of its gross receipts and expenditures authorized by this act for the prior fiscal year. The Wyoming public service commission is authorized to promulgate rules in consultation with the governing bodies to develop a statement of revenues and expenditures that, to the maximum extent possible, is uniform across governing bodies.
11. Except as provided in subsection (k) of this section, this section shall not apply to the 911 emergency tax imposed on prepaid wireless communication access by W.S. 16-9-109 .

History. Laws 1989, ch. 150, § 1; 2003, ch. 121, § 2; 2015, ch. 90, § 2.

The 2015 amendment, substituted “this act” for “this chapter” in (d), (e), and (j); in (b), added “Except as provided by W.S. 16-9-109 for prepaid wireless communication access and” at the beginning of the third sentence, and added “Except as provided by W.S. 16-9-109 ” at the beginning of the last sentence; added (k) and (m); and made a related change.

Laws 2015, ch. 90, § 4, 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, 2015.

Editor's notes. —

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

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-9-102(a)(x).

§ 16-9-104. Remittance of tax to the governing body; administrative fee; establishment of rate of tax.

1. Except as provided in W.S. 16-9-109 , any tax imposed under this act and the amounts collected are to be remitted quarterly to the governing body. The amount of the tax collected in one (1) calendar quarter by the service supplier shall be remitted to the governing body no later than fifteen (15) days after the close of the calendar quarter. On or before the sixteenth day of each month following the preceding calendar quarter, a return for the preceding quarter shall be filed with the governing body in a form the governing body and service supplier agree upon. The service supplier required to file the return shall deliver the return together with the remittance of the amount of the tax payable to the governing body. The service supplier shall maintain a record of the amount of each tax collected pursuant to this act. The record shall be maintained for a period of one (1) year after the time the tax was collected.
2. Except as provided by W.S. 16-9-109 , the service supplier remitting the taxes collected under this act may deduct and retain one percent (1%) of the taxes collected as the cost of administration for collecting the taxes.
3. At least once each calendar year, the governing body shall establish a rate of tax not to exceed the amount authorized. Amounts collected in excess of necessary expenditures within any fiscal year shall be carried forward to subsequent years and shall only be used for the purposes set forth in W.S. 16-9-105 . The governing body shall fix the rate, publish notice of its new rate and notify by mail every local exchange access company at least ninety (90) days before the new rate becomes effective. The governing body may at its own expense require an annual audit of the service supplier’s books and records concerning the collection and remittance of the taxes authorized by this act.
4. This section does not apply to the taxes authorized and collected for prepaid wireless communication access under W.S. 16-9-109 .

History. Laws 1989, ch. 150, § 1; 2003, ch. 121, § 2; 2015, ch. 90, § 2.

The 2015 amendment, in (a) and (b), added the exception at the beginning; substituted “this act” for “this chapter” in (a) through (c); in the first sentence in (a), added “to the governing body” at the end; added (d); and made related changes.

Laws 2015, ch. 90, § 4, 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, 2015.

§ 16-9-105. Agreements or contract for 911 emergency reporting systems; use of funds collected.

1. Any governing body imposing the tax authorized by this act may enter into an agreement directly with any service supplier to the 911 system or may contract and cooperate with any public agency or any other state for the administration of a 911 system in accordance with law.
2. Funds collected from the 911 emergency tax imposed pursuant to this act shall be spent solely to pay for public safety answering point and service suppliers’ equipment and service costs, installation costs, maintenance costs, monthly recurring charges and other costs directly related to the continued operation of a 911 system including enhanced wireless 911 service. Funds may also be expended for personnel expenses necessarily incurred by a public safety answering point. “Personnel expenses necessarily incurred” means expenses incurred for persons employed to:
   1. Take emergency telephone calls and dispatch them appropriately; or
   2. Maintain the computer data base of the public safety answering point.
3. Funds collected from the charge pursuant to this act shall be credited to a cash account separate from the general fund of the public agency, for payments for public safety answering points and service supplier costs pursuant to subsection (b) of this section. Any monies remaining in the cash account at the end of any fiscal year shall remain in the account for payments during any succeeding year. If any 911 system is discontinued, monies remaining in the account shall, after all payments to the service supplier pursuant to subsection (b) of this section, be transferred to the general fund of the public agency or proportionately to the general fund of each participating public agency.

History. Laws 1989, ch. 150, § 1; 2003, ch. 121, § 2; ch. 202, § 4; 2015, ch. 90, § 2.

The 2015 amendment, substituted “this act” for “this chapter” in (a), the introductory language of (b), and (c).

Laws 2015, ch. 90, § 4, 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, 2015.

§ 16-9-106. Private listing and wireless subscribers, 911 service.

Private listing and wireless subscribers in 911 service areas waive privacy afforded by nonlisted or nonpublished numbers to the extent that the name and address associated with the telephone number may be furnished to the 911 system, for call routing, for automatic retrieval of location information and for associated emergency services.

History. Laws 1989, ch. 150, § 1; 2003, ch. 121, § 2.

§ 16-9-107. Confidentiality of information.

The information obtained through a 911 system shall be considered a public record under W.S. 16-4-201(a)(v) and access to the information may be denied according to law.

History. Laws 1990, ch. 73, § 1.

§ 16-9-108. Immunity for providers.

No basic emergency service provider or service supplier and no employee or agent thereof shall be liable to any person or entity for infringement or invasion of the right of privacy of any person caused or claimed to have been caused, directly or indirectly, by any act or omission in connection with the installation, operation, maintenance, removal, presence, condition, occasion or use of emergency service features, automatic number identification, automatic location identification services or provision in an emergency of call location information and the equipment associated therewith, including the identification of the telephone number, address or name associated with the telephone used by the person accessing 911 service, wireless automatic number identification, wireless automatic location identification service or text to 911 service. A governmental entity, public safety agency, local exchange access company, telephone exchange access company or wireless carrier that provides access to an emergency system or any officers, agents or employees thereof is not liable as a result of any act or omission except willful and wanton misconduct or gross negligence in connection with developing, adopting, operating or implementing emergency telephone service, enhanced wireless 911 service, text to 911 service or any 911 system. No public service answering point, wireless carrier, service supplier or any other person shall be civilly or criminally liable for providing call location information pursuant to W.S. 16-9-111 .

History. Laws 2003, ch. 121, § 1; 2015, ch. 45, § 1; 2020, ch. 98, § 2.

The 2015 amendment, effective July 1, 2015, inserted “or text to 911 service” or similar language twice, and made related changes.

The 2020 amendment, effective July 1, 2020, added “or provision in an emergency of call location information” preceding “and the equipment associated,” added the last sentence, and made a related change.

§ 16-9-109. State-wide imposition of tax; prepaid wireless; collection; distribution; immunity.

1. Except as otherwise provided in this section, on and after July 1, 2016, there is imposed a 911 emergency tax of one and five-tenths percent (1.5%) on every retail sale of prepaid wireless communications access in Wyoming. The tax shall not be imposed on sales of prepaid wireless communications access intended for resale or upon any state or local governmental entity.
2. A service supplier who sells prepaid wireless communications access shall collect the tax imposed by subsection (a) of this section from each purchaser of prepaid wireless communications access, which purchaser shall be considered a service user. The amount of the tax shall be either separately stated on an invoice, receipt or other similar document that is provided to the service user by the service supplier or shall be otherwise disclosed to the service user.
3. For purposes of this section, a retail sale of prepaid wireless communications access occurs in Wyoming if the transaction would be sourced to Wyoming under W.S. 39-15-104(f)(xi)(C).
4. The tax imposed by subsection (a) of this section is the liability of the service user and the service supplier. The service supplier shall be liable to remit all taxes due or collected as provided in subsection (g) of this section.
5. If the tax collected pursuant to this section is separately stated on an invoice, receipt or similar document provided to the service user by the service supplier, the tax shall not be included in the base for calculating any other tax, fee, surcharge or other charge imposed by this state, any political subdivision of the state or any intergovernmental agency.
6. When prepaid wireless communication access is sold with one (1) or more other products or services for a single, nonitemized price, the tax authorized by subsection (a) of this section shall not be applied to a retail sale of prepaid wireless communications access of ten (10) or fewer minutes or which has a value of five dollars ($5.00) or less.
7. All taxes collected under subsection (a) of this section shall be remitted by the service supplier who collected them to the department of revenue as follows:
   1. A service supplier shall remit to the department of revenue all monies collected at the times and in the manner provided by W.S. 39-15-107(a). The department of revenue may establish by rule procedures reasonably necessary to facilitate the transfer of these monies. The service supplier shall be subject to the penalty and enforcement provisions provided by W.S. 39-15-108 for any failure to collect or remit funds;
   2. A service supplier remitting collected taxes may deduct and retain three percent (3%) of the taxes collected as the cost of administration for collecting the taxes;
   3. The audit and appeal procedures applicable to the collection of state sales taxes shall apply to the collection and remittance of taxes authorized by this section;
   4. Pursuant to rules adopted for this purpose, the department of revenue shall establish a procedure by which service suppliers shall document that a transaction is not a retail sale subject to the tax imposed by this section. The procedure shall be substantially similar to the procedure used to document a sale for resale transaction for purposes of sales tax.
8. The monies collected by the department of revenue under this section shall not be general revenues of the state and shall be held by the department in a separate account for distribution as follows:
   1. The department shall deduct one percent (1%) of the total monies collected to cover its administrative expenses and costs, which amount shall be remitted to the treasurer for credit to the general fund;
   2. After deduction of the amount authorized by paragraph (i) of this subsection, the department shall pay all remaining amounts collected to each county that imposes and collects the 911 emergency tax authorized by W.S. 16-9-103 ;
   3. The payment authorized by paragraph (ii) of this subsection shall be remitted to the county no later than fifteen (15) days after the close of the calendar quarter and is subject to the requirements of paragraph (iv) of this subsection;
   4. Each county receiving payment pursuant to paragraph (ii) of this subsection shall receive three percent (3%) of the total amount distributed pursuant to paragraph (ii) of this subsection. Each county shall receive the remaining balance of the amount distributed under paragraph (ii) of this subsection in proportion to the percentage that the county’s total population relates to the state’s total population;
   5. If a governing body other than a county imposes a 911 emergency tax pursuant to W.S. 16-9-103 , the county in which that governing body is located shall divide all monies received by the county pursuant to paragraph (iv) of this subsection equally between the county and the governing body;
   6. All funds received by any governing body pursuant to this subsection shall be expended only for the purposes authorized by W.S. 16-9-105 ;
   7. Amounts collected by any governing body pursuant to this subsection in excess of necessary expenditures within any fiscal year shall be carried forward to subsequent years and shall be used only for the purposes authorized by W.S. 16-9-105 ;
   8. The department of revenue may promulgate rules necessary to implement this subsection.
9. The department of revenue and the Wyoming public service commission shall jointly report to the joint corporations, elections and political subdivisions committee on or before July 1, 2019 and every four (4) years thereafter. The report required by this subsection shall contain an analysis of the tax rate imposed by subsection (a) of this section and shall determine whether that tax rate places a tax burden on purchasers of prepaid wireless communication access which is substantially equivalent to the tax burden imposed by W.S. 16-9-103(b). If the tax burden imposed by this section is not substantially equivalent to the tax burden imposed by W.S. 16-9-103(b), the department and the commission shall advise the committee on the tax rate that would make the burden imposed by the two (2) taxes equivalent. The department of revenue and the Wyoming public service commission may adopt rules requiring the reporting of sales data or other information necessary to complete the analysis required by this subsection.

History. Laws 2015, ch. 90, § 1.

Effective dates. — Laws 2015, ch. 90, § 1, makes the act effective March 2, 2015.

§ 16-9-110. Statewide 911 coordinator.

The governor shall designate an individual within the department of transportation as the statewide 911 coordinator, who shall be a qualified elector of the state and whose duties may be removed by the governor. The coordinator shall be responsible for coordinating with 911 local and state stakeholders to develop a statewide 911 plan and ensuring compliance with federal grant regulations.

History. Laws 2019, ch. 178, § 1.

Effective date. —

Laws 2019, ch. 178, § 4, 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 8, 2019.

§ 16-9-111. Providing call location information in an emergency.

1. At the request of a law enforcement agency officer or an employee or other agent of a public safety answering point on behalf of a law enforcement agency, who is acting in the course of the official duties of the officer or agent, a wireless carrier or service supplier shall provide, subject to any limitations under applicable federal law, available call location information of a telecommunications device without delay if the officer or agent asserts:
   1. That the device was used to place a 911 call requesting emergency assistance; or
   2. Reasonable suspicion that the device is in the possession of an individual who is involved in an emergency situation that involves the risk of death or serious physical harm.
2. If a law enforcement agency officer, or an employee or other agent of a public safety answering point acting on behalf of such an officer, submits a request for location information to a wireless carrier or service supplier under subsection (a) of this section, the law enforcement agency employing the officer shall maintain a record of the request that includes each of the following:
   1. The name of the officer or agent making the request or, in the case of a request made by an agent, the name of the officer on whose behalf the agent is acting;
   2. A description of the request that explains the need for disclosure of location information;
   3. A declaration that disclosure of location information is needed based on the conditions described in paragraph (a)(i) or (ii) of this section.
3. A wireless carrier or service supplier may establish protocols by which the carrier or supplier voluntarily discloses call location information.
4. The statewide 911 coordinator shall obtain direct contact information from all wireless carriers and service suppliers authorized to do business in this state to facilitate a request from a law enforcement agency or a public safety answering point on behalf of a law enforcement agency for call location information under this section. All wireless carriers and service suppliers shall inform the statewide 911 coordinator of any changes to their direct contact information. The statewide 911 coordinator shall disseminate the direct contact information to each public safety answering point in this state.

History. Laws 2020, ch. 98, § 1.

Effective date. — Laws 2020, ch. 98, § 3, makes the act effective July 1, 2020.

§ 16-9-201. Definitions.

1. As used in this act, unless the context requires otherwise, the following definitions apply:
   1. “Access line” means the facility that allows the customer of a local exchange company or radio communications service provider to access the local or toll network with the exception of dedicated facilities such as a private line;
   2. “Committee” means the committee on telecommunications services for the communications impaired established by W.S. 16-9-202 ;
   3. “Communications impaired” means hearing impaired or speech impaired individuals as defined by the Americans With Disabilities Act of 1990, Title IV, Section 401;
   4. “Division” means the division of vocational rehabilitation within the department of workforce services;
   5. “Local exchange company” means a telecommunications company that provides telephone access lines to members of the general public who are its customers;
   6. “Message relay system” means a statewide service through which a communications impaired person, using specialized telecommunications equipment, may send and receive messages to and from a noncommunications impaired person whose telephone is not equipped with specialized telecommunications equipment and through which a noncommunications impaired person may, by using voice communication, send and receive messages to and from a communications impaired person;
   7. “Program” means the program established by W.S. 16-9-205 ;
   8. “Radio communications service provider” means a telecommunications company that provides radio communication service, radio paging or cellular service to members of the general public who are its customers;
   9. “Specialized telecommunications equipment” means a device that, when connected to a telephone, enables or assists a person who is communications impaired to communicate with another person utilizing the telephone network. The term most commonly refers, but is not limited to, telecommunications devices for the deaf (TDDs);
   10. “This act” means W.S. 16-9-201 through 16-9-210 .

History. Laws 1991, ch. 170, § 1; 2002 Sp. Sess., ch. 100, § 3.

Editor's notes. —

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

Americans With Disabilities Act. —

The relevant portions of section 401 of the federal Americans With Disabilities Act of 1990, referred to in subsection (a)(iii), appear as 47 U.S.C. § 225.

Cited in

Qwest Corp. v. State, 2006 WY 35, 130 P.3d 507, 2006 Wyo. LEXIS 39 (Wyo. Mar. 22, 2006).

§ 16-9-202. Committee on telecommunications services for the communications impaired; composition; allocation.

1. There is created a committee on telecommunications services for the communications impaired.
2. The committee shall consist of seven (7) members. The membership shall be appointed by the governor and shall consist of one (1) member from each appointment district as provided by W.S. 9-1-218 .
3. The committee is allocated to the division for administrative purposes.

History. Laws 1991, ch. 170, § 1; 2016, ch. 119, § 1.

The 2016 amendment, effective July 1, 2016, in (b), deleted the former last sentence, which read, “Not more than four (4) members shall be of the same political party.”

Laws 2016, ch. 119 § 3, provides: “Nothing in this act shall be deemed to affect the current term of any member of any authority, board, commission, committee or council. The governor shall make appointments in accordance with this act for any vacancy occurring on or after the effective date of this act.”

§ 16-9-203. Term of office; vacancies; officers; bylaws; compensation; conflict of interest.

1. Each member of the committee shall serve a term of three (3) years, except that the governor shall appoint two (2) of the initial members to serve terms of one (1) year and two (2) of the initial members to serve terms of two (2) years.
2. A vacancy on the committee shall be filled in the same manner as the original appointment.
3. The committee shall choose a chairperson from among its members.
4. The committee shall establish its own operating procedures.
5. Members of the committee shall receive no compensation, but shall be reimbursed under W.S. 9-3-102 and 9-3-103 for travel and per diem expenses incurred in the performance of their duties.
6. In order to avoid a potential conflict of interest, members of the committee representing a potential provider of the message relay system or specialized telecommunications equipment shall abstain from any vote or decision of the committee regarding the award of contracts for those services or equipment by the division.

History. Laws 1991, ch. 170, § 1; 2006, ch. 114, § 1.

The 2006 amendment deleted “those member defined in W.S. 16-9-202(b)(i) and (ii)” following “compensation, but” in (e).

Laws 2006, ch. 114, § 5, 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 24, 2006.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny 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.”

§ 16-9-204. Power and duties of the committee.

1. The committee shall advise the division as to the administration of the program provided for in W.S. 16-9-205 . In fulfilling this duty, the committee shall:
   1. Review and recommend policies and procedures governing administration of the program and ensure the program is in compliance with any applicable state and federal laws or regulations;
   2. Assist the state in obtaining certification from the federal communications commission that the program is in compliance with such rules and regulations;
   3. Review the division’s budget request for administration of services under the program;
   4. Monitor the expenditures of funds for the program;
   5. Monitor the quality of the program and the satisfaction of the users;
   6. Perform any other duties necessary to properly advise the division as to the administration of the program.

History. Laws 1991, ch. 170, § 1.

Editor's notes. —

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

§ 16-9-205. Program established; purpose; responsibilities of the division of vocational rehabilitation.

1. The division in consultation with the committee, shall establish and administer a program to provide specialized telecommunications equipment and message relay services to persons who are communications impaired. The purpose of the program shall be to:
   1. Furnish specialized telecommunications equipment to meet the needs of persons who are communications impaired and who might be otherwise disadvantaged in their ability to obtain such equipment; and
   2. Provide a message relay system to allow persons who are communications impaired to communicate via the telecommunications network with noncommunications impaired persons.
2. In carrying out its responsibilities, the division shall:
   1. Develop rules, policies and procedures, as may be necessary, to govern administration of the program and ensure the program is in compliance with any applicable state and federal laws or regulations;
   2. As part of its request for proposals, include provision for an equipment distribution program and utilize a preexisting state agency means test, if available, to determine eligibility for participation in the specialized telecommunications equipment program;
   3. Implement the message relay system as described in subsection (a)(ii) of this section within one (1) year following the effective date of this act and, to the extent funds generated by the special fee specified in W.S. 16-9-209 are available, implement the specialized telecommunications equipment distribution program described in subsection (a)(i) of this section within two (2) years following the effective date of this act;
   4. Perform any other duties necessary to properly oversee administration of the program.

History. Laws 1991, ch. 170, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-9-201(a)(x).

§ 16-9-206. Message relay system; requirements.

1. The division, after consultation with the committee, shall contract with a qualified provider to design and implement a message relay system that fulfills the purpose described in W.S. 16-9-205 . The division shall award the contract for this service to the provider based upon price, the interests of the communications impaired community in having access to a high-quality and technologically advanced telecommunications system, and all other factors listed in the committee’s request for proposal including proposals for a specialized telecommunications equipment distribution program.
2. Except in cases of willful misconduct, gross negligence or bad faith, neither the committee nor the provider of the message relay system, nor the employees of the provider of the message relay system, shall be liable for any claims, actions, damages or causes of action arising out of or resulting from the establishment, participation in, or operation of the message relay system.
3. The division shall require, under the terms of the contract, that:
   1. The system be available statewide for operation seven (7) days a week, twenty-four (24) hours per day, including holidays, for both interstate and intrastate calls;
   2. The system relay all messages promptly and accurately;
   3. The system maintain the privacy of persons using the system;
   4. The provider preserve the confidentiality of all telephone communications; and
   5. The system conform to any standards established by applicable state or federal laws or regulations.

History. Laws 1991, ch. 170, § 1.

§ 16-9-207. Gifts and grants.

The committee may accept contributions, gifts and grants, in money or otherwise, to the program established in W.S. 16-9-205 . Monetary contributions, gifts and grants must be deposited in the fund created by W.S. 16-9-208 .

History. Laws 1991, ch. 170, § 1.

§ 16-9-208. Account for telecommunications services for the communications impaired.

1. There is created an account for telecommunications services for the communications impaired. The account shall consist of:
   1. All monetary contributions, gifts and grants received by the committee as provided in W.S. 16-9-207 ; and
   2. All special fee charges billed and collected pursuant to W.S. 16-9-209 .
2. The money in the account is appropriated to the division to implement this act.

History. Laws 1991, ch. 170, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, in (a), deleted “in the earmarked revenue fund” following “communications impaired.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-9-201(a)(x).

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.”

§ 16-9-209. Special fee.

1. The committee shall annually determine the amount of a special fee, not to exceed twenty-five cents ($.25) per access line per month, based upon available cost data and other information, that will cover the costs of providing intrastate message relay service as provided in Section 401 of the Americans With Disabilities Act of 1990, including the cost of implementing and administering this act. Funding for the interstate portion of the Wyoming relay system shall be provided in a manner consistent with rules and orders adopted by the federal communications commission in implementing the Americans With Disabilities Act.
2. The committee shall notify the public service commission, in writing, of the amount of the monthly access line special fee determined by the committee. The public service commission shall provide for the inclusion and identification of the special fee on each monthly billing for service from each local exchange company and radio communications service provider.
3. Each customer of a local exchange company or radio communications service provider shall be liable for payment to the local exchange company or radio communications service provider of any special fee imposed pursuant to this act. In the case of a customer of a radio communications service provider, any fee imposed by this act shall be imposed only if the customer’s place of primary use is in this state as provided by the Mobile Telecommunications Sourcing Act, 4 U.S.C. §§ 116 through 126. The provisions of the Mobile Telecommunications Sourcing Act shall apply to this subsection. The local exchange company or radio communications service provider shall not be liable for any uncollected charge, nor shall the company have an obligation to take any legal action to enforce the collection of any charge that is unpaid by its customers.
4. No customer of a local exchange company shall be required to pay the special fee on more than one hundred (100) access lines per account and no customer of a radio communications service provider shall be required to pay the special fee on more than one hundred (100) radio communication service numbers per account in Wyoming.
5. Except as provided in subsection (g) of this section, all special fees billed and collected by a local exchange company or radio communications service provider shall be transmitted to the public service commission not later than the last day of the month following the end of the month in which the special fee is collected. All special fees received by the public service commission shall be deposited in the account established by W.S. 16-9-208 with receipt and acknowledgement submitted to the state treasurer.
6. All special fees billed and collected by a local exchange company or radio communications service provider shall not be considered revenues of the local exchange company or radio communications service provider and are not subject to tax under W.S. 39-15-101 through 39-16-311 .
7. Each local exchange company or radio communications service provider may deduct and retain one percent (1%) of the total charges billed and collected each month to cover administrative expenses in complying with the requirements of subsections (b) through (e) of this section.

History. Laws 1991, ch. 170, § 1; 1998, ch. 5, § 2; 2002 Sp. Sess., ch. 46, § 1; 2015, ch. 12, § 1.

The 2015 amendment, effective July 1, 2015, in (e), substituted “public service commission” for “state treasurer” twice, and added “with receipt and acknowledgement submitted to the state treasurer”at the end.

Americans With Disabilities Act. —

The federal Americans With Disabilities Act, referred to in the second sentence in subsection (a), appears mainly as 42 U.S.C. §§ 12101 through 12213. The relevant portions of section 401 of the act, referred to in the first sentence in subsection (a), appear as 47 U.S.C. § 225.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-9-201(a)(x).

§ 16-9-210. Records; audit.

1. Each local exchange company or radio communications service provider shall maintain a record of the special fees billed and collected pursuant to W.S. 16-9-209 for a period of three (3) years from the date of billing or collection, respectively.
2. The committee may require an audit, at division expense, of the records of each local exchange company or radio communications service provider to assure proper accounting of all special fees billed and collected pursuant to W.S. 16-9-209 .

History. Laws 1991, ch. 170, § 1.

§ 16-10-101. Short title.

This act shall be known and may be cited as the “Surface Water Drainage Utility Act.”

History. Laws 1995, ch. 118, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 16-10-102(a)(vi).

§ 16-10-102. Definitions.

1. As used in this act:
   1. “Governing body” means the board of county commissioners of a county, the governing body of a city or town or a joint powers board;
   2. “Surface water drainage system” means all natural and man-made elements used to convey surface water from the first point of impact with the surface of the earth to a suitable area of disposal or controlled drainage. A surface water drainage system may include, but is not limited to, all pipes, curbs, gutters, treatment facilities, channels, streams, ditches, wetlands, detention and retention basins, ponds and other surface water conveyances and facilities for surface water conveyances, management and treatment, whether public or private;
   3. “Surface water drainage utility” means an enterprise fund function by which a governing body provides for public needs in the area of surface water drainage management and charges user fees to finance all or a portion of its operations;
   4. “Surface water drainage management” means the planning, designing, construction, reconstruction, acquisition, operation, improvement, extension or maintenance of a surface water drainage system;
   5. “Surface water drainage area” means the land area of a city, town or county, including any federal flood plain insurance area, served by a surface water drainage system which is under surface water drainage management;
   6. “This act” means W.S. 16-10-101 through 16-10-110 .

History. Laws 1995, ch. 118, § 1.

Editor's notes. —

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

§ 16-10-103. Powers.

1. In addition to all other powers provided by law, any governing body may establish a surface water drainage utility to design, plan, construct, reconstruct, acquire, operate, improve, extend or maintain a surface water drainage system, sometimes referred to as a storm water drainage system. To carry out this duty, any city or town may go beyond its corporate limits to hold and acquire property by agreement. To carry out this duty, a county may go beyond its boundaries to hold and acquire property by agreement.
2. No construction relating to a surface water drainage system shall be undertaken on property within the boundaries of a governing body other than the governing body establishing the surface water drainage system unless both bodies agree to the construction.
3. In addition to other methods provided by law or ordinance, and subject to voter approval as provided by W.S. 16-10-105(d), a governing body may issue revenue bonds and may levy and collect service charges to finance the surface water drainage utility. A surface water drainage utility may be formed by the governing body of any city or town, or by the county in the unincorporated area of the county, as provided by this act, for all or a portion of the respective municipality by its governing body, or for all or a portion of the unincorporated area of a county by its governing body.
4. No action shall be undertaken which would interfere with historical, appropriated or beneficial use of any Wyoming water right.

History. Laws 1995, ch. 118, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 16-10-102(a)(vi).

§ 16-10-104. Formation of a surface water drainage utility.

Notwithstanding any other provision of law, a surface water drainage utility may be formed by the governing body of any city or town, or by the county in the unincorporated area of a county, as provided by this act, for all or a portion of the respective municipality by its governing body, or for all or a portion of the unincorporated area of a county by its governing body.

History. Laws 1995, ch. 118, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 16-10-102(a)(vi).

§ 16-10-105. Ordinance or resolution for construction; required and authorized provisions.

1. If the governing body of a city, town or county desires to establish a surface water drainage utility pursuant to this act, a county shall do so by resolution and a city or town shall do so by ordinance. The resolution or ordinance shall provide for the administration of the surface water drainage utility either by the governing body of the city, town, county, joint powers board or other board or entity selected by the applicable governing body, including but not limited to a board of public utilities formed pursuant to W.S. 15-7-401 . The ordinance or resolution shall contain the specific description of the surface water drainage area to be served by the surface water drainage utility.
2. Subject to voter approval as provided by subsection (e) of this section, a city, town, county or joint powers board may fund the surface water drainage utility by general and special funds, revenue or other bonds and other forms of indebtedness, service charges or a combination of these sources. The resolution or ordinance establishing the utility, or a resolution or ordinance later adopted by the governing body, shall specify the means of financing the surface water drainage utility by one (1) or more of the following sources:
   1. Revenue or other bonds may be issued meeting the procedural requirements and provisions of W.S. 35-2-425 through 35-2-428 as provided for the issuance of bonds by hospital districts;
   2. Service charges may be levied by the taxing authority having jurisdiction where the property is located against landowners served by the surface water drainage utility. No service charges may be levied against land assessed as agricultural land under W.S. 39-13-101(a) without the consent of the landowner. Proceeds of the service charges may be used to:
      1. Finance the surface water drainage utility; and
      2. Pledge the revenues derived from any service charges for use of the surface water drainage utility, including but not limited to:
         1. Pay the cost of designing, planning, constructing, reconstructing, acquiring, operating, improving, extending and maintaining the surface water drainage system;
         2. Provide an adequate depreciation fund;
         3. If revenue bonds or other forms of indebtedness are issued, pay the principal and interest of the bonds issued; and
         4. Study surface water drainage requirements.
   3. Any other source of revenue including the capital facilities tax collected under W.S. 39-15-203(a)(iii) and 39-16-203(a)(ii) if so dedicated.
3. The governing board shall by resolution or ordinance set the portion of costs to be charged against landowners in the city, town, county or portion thereof, if any, to be paid by the county, city or town as a whole.
4. The governing body shall not levy service charges outside its jurisdiction without the approval of the governing body having jurisdiction of the affected areas within the surface water drainage area.
5. A governing body shall not fund a surface water utility until the proposition to impose the means of financing the surface water drainage utility has been submitted to and adopted by the electors within the proposed surface water drainage area under this subsection. Upon adoption of a resolution or ordinance pursuant to subsection (a) of this section, the proposition to impose the means of financing the surface water drainage utility shall be submitted to the electors within the proposed utility on an election date determined by the governing body and authorized under W.S. 22-21-103 . A notice of election shall be given in at least one (1) newspaper of general circulation published in the county in which the election is to be held or in the city or town if only a city wide or town wide utility is proposed, and the notice shall specify the proposed means of financing the surface water drainage utility. At the election the ballots shall contain appropriate language explaining the proposed means of financing the surface water drainage utility. If the proposition is adopted, the governing body may proceed to issue revenue bonds or otherwise fund the surface water drainage utility as specified in the ballot proposition. If the proposition is defeated, a proposition to impose a means of financing the surface water drainage utility shall not again be submitted to the electors within the utility before the next election date authorized under W.S. 22-21-103 and occurring not less than two (2) years after the election at which the proposition was defeated.

History. Laws 1995, ch. 118, § 1; 1997, ch. 144, § 1; 1998, ch. 5, § 2.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 16-10-102(a)(vi).

§ 16-10-106. Agreements authorized.

The state, or any department of the state, may enter into agreements with governing bodies to exercise authorities conferred by this act.

History. Laws 1995, ch. 118, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 16-10-102(a)(vi).

§ 16-10-107. Surface water drainage utility board.

1. Any governing body which creates a surface water drainage utility may establish a surface water drainage utility board to exercise and perform all powers and duties which the governing body could perform under this act. The surface water drainage utility board shall manage, operate, maintain and control the surface water drainage utility and promulgate all rules and regulations necessary for the operation and maintenance of the surface water drainage utility. The surface water drainage utility board may also plan, design, improve, expand or enlarge the surface water drainage system, study surface water drainage requirements and design capital improvements as provided in this act.
2. A surface water drainage utility board created pursuant to this act shall consist of five (5) members appointed by the governing body. Members shall be residents of that portion of the county where the utility levies its service charges, or absent a service charge, is providing or will provide service. Upon creation of the surface water drainage utility board, one (1) member of the board shall be appointed for a term of two (2) years, two (2) for a term of four (4) years and two (2) for a term of six (6) years. Thereafter, each member shall be appointed for a term of six (6) years.
3. All meetings, records and accounts of the surface water drainage utility board shall be managed and conducted in accordance with the Public Records Act, W.S. 16-4-201 through 16-4-205 , the Uniform Municipal Fiscal Procedures Act, W.S. 16-4-101 through 16-4-125 , and the Public Meetings Act, W.S. 16-4-401 through 16-4-408 . The salaries, if any, of the members of the surface water drainage utility board shall be fixed by the board of county commissioners and by the city or town council, as applicable.
4. The surface water drainage utility board has exclusive control of the surface water drainage utility. The surface water drainage utility board may:
   1. Hire and discharge necessary personnel, and provide for a system of personnel administration;
   2. Purchase all materials and supplies necessary for the purposes of the surface water drainage system;
   3. In the name of the county, city, town or joint powers board, acquire and hold property and equipment necessary and convenient for carrying out the purposes of the surface water drainage utility board;
   4. Issue vouchers or warrants in payment of all claims and accounts incurred by the surface water drainage utility board for the surface water drainage system. When the vouchers or warrants are approved by the surface water drainage utility board, the treasurer of the applicable governing body shall pay and charge them against the proper funds.
5. The engineer of the county, city, town or joint powers board and staff may provide staff assistance as necessary.

History. Laws 1995, ch. 118, § 1; 2005, ch. 194, § 2; 2015, ch. 131, § 1.

The 2005 amendment, effective July 1, 2005, substituted “16-4-408” for “16-4-407” in (c).

The 2015 amendment, in (c), substituted “ W.S. 16-4-101 through 16-4-125 ” for “W.S. 16-4-101 through 16-4-124 .”

Laws 2015, ch. 131, § 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 4, 2015.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 16-10-102(a)(vi).

§ 16-10-108. Refunding revenue bonds.

A governing body may issue refunding revenue bonds in the manner prescribed by W.S. 16-5-101 through 16-5-119 .

History. Laws 1995, ch. 118, § 1.