Wyoming Building Code & Construction Permit Law
Wyoming Code · 18 sections
The following is the full text of Wyoming’s building code & construction permit law statutes as published in the Wyoming Code. For the official version, see the Wyoming Legislature.
Wyo. Stat. § 1-26-704
1-26-704, the owner of a business conducted on the property taken, or on the remainder if there is a partial taking, shall be compensated for loss of goodwill only if the owner proves that the loss:
(i) Is caused by the taking of the property or the
injury to the remainder;
(ii) Cannot reasonably be prevented by a relocation
of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill;
(iii) Will not be included in relocation payments
under W.S. 16-7-101 through 16-7-121; and
(iv) Will not be duplicated in the compensation
awarded to the owner.
(b) Within the meaning of this section, "goodwill"
consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality and any other circumstances resulting in probable retention of old or acquisition of new patronage.
1-26-714. Reclamation and restoration.
(a) A condemnor who acquires a property right or interest
of less than fee simple title in any land shall be responsible for reclamation on such land and for restoration of the land and any improvements thereon. The reclamation and restoration shall return the property and improvements to the condition existing prior to the condemnation to the extent that reasonably can be accomplished. (b) Reclamation and restoration shall include but not be limited to, grading to the natural contour, replacement of topsoil, the planting and establishment of appropriate ground cover and control of weeds resulting from condemnor's disturbance, as follows:
(i) In the case of a growing crop for which
compensation has been paid, a ground cover shall be required only if requested by the condemnee;
(ii) In the case of grazing lands, native grasses and
forbs previously growing on the disturbed land shall be reseeded and established unless the establishment of alternative beneficial plants are agreed to by the parties.
(c) The responsibility of the condemnor under this section
shall include the following:
(i) Damages caused by the condemnor, its successors
or its agents during entry prior to condemnation as authorized by W.S. 1-26-506 and 1-26-507;
(ii) Damages caused by the condemnor, its successors
or its agents during construction of the project under the condemnation;
(iii) Damages caused by the condemnor, its successors
or its agents subsequent to the construction and during the use of the property during the time of the condemnor's possession;
(iv) Damages caused by the condemnor, its successors
or its agents in the removal of any facilities or improvements on the property at the termination of the authorized use;
(v) Restoration and reclamation shall begin as soon
as reasonably possible after completion of project construction, unless otherwise agreed to by the condemnor and the condemnee.
(d) Nothing herein shall preclude the condemnor and the
condemnee from agreeing to compensation in lieu of the obligations provided in this section.
1-26-715. Compensation for condemnation of property for
energy collector systems.
Compensation related to the condemnation of property for the erection, placement or expansion of an energy collector system associated with a commercial facility generating electricity shall be made in accordance with W.S. 1-26-704 and 1-26-818.
ARTICLE 8 - POWER OF EMINENT DOMAIN GRANTED
1-26-801. Authority of state, counties and municipal
corporations to acquire by condemnation proceedings; uranium mill tailings; public purpose.
(a) The state or any county or municipal corporation may
purchase or acquire by condemnation any real estate including streets, alleys or public highways, as sites for public buildings or for any other necessary public purpose. Proceedings in condemnation shall be conducted in the name of the state, county or municipal corporation and by the attorney general when for the state, the county attorney when for the county and the municipal attorney when for a municipal corporation.
(b) In carrying out responsibilities under P.L. 95-604,
the state may purchase or acquire by condemnation any real estate or radioactive materials if determined necessary to stabilize and control uranium mill tailings in a safe and environmentally sound manner. Proceedings in condemnation shall be as provided by this act.
(c) As used in and for purposes of this section only,
"public purpose" means the possession, occupation and enjoyment of the land by a public entity. "Public purpose" shall not include the taking of private property by a public entity for the purpose of transferring the property to another private individual or private entity except in the case of condemnation for the purpose of protecting the public health and safety, in which event the public entity may transfer the condemned property for value to a private individual or entity. However, nothing in this section shall restrict or impair the right or authority of the Wyoming energy authority to transfer property condemned by the authority to another public or private entity insofar as the transfer is consistent with the statutory purposes or duties of the authority.
(i) Repealed by Laws 2019, ch. 34, § 4.
(ii) Repealed by Laws 2019, ch. 34, § 4.
(d) If a public entity acquires property in fee simple
title under this chapter but fails to make substantial use of the property for a period of ten (10) years, there is a presumption that the property is no longer needed for a public purpose and the previous owner or his successor may apply to the court to request that the property be returned to the previous owner or his successor upon repayment of the amount originally received for the property in the condemnation action. A public entity may rebut the presumption created under this subsection by showing good cause for the delay in using the property.
1-26-802. Proceedings by water companies and incorporated
cities or towns.
Any water company or incorporated city or town of this state may acquire by purchase, grant or condemnation any land, real estate, claim, easement or right-of-way required for or that may be affected by the construction, operation or maintenance of any waterworks.
1-26-803. Municipal streets and alleys; utility mains or
pipes; tax levy.
Any incorporated city or town in Wyoming may use or authorize the use of its streets and alleys by others, and may obtain by purchase, grant or condemnation in the manner provided by law all necessary lands for the construction, laying and operating of mains or pipes for sewers, gas or water for the use of the cities and towns, and for that purpose to have the power to levy a tax within the constitutional limits upon all personal and real property within the corporate limits of the cities and towns.
1-26-804. Acquisition of public utility plants by cities
and towns.
Any incorporated city or town of this state may acquire by condemnation, purchase or gift the franchise and the plant, facilities, equipment and property of any person or entity owning or operating in the city or town a franchise and plant, facilities, equipment or other property used or intended for the purpose of supplying or furnishing to the public of the city or town any public utility service mentioned in W.S. 1-26-805.
1-26-805. Acquisition of public utility plants by cities
and towns; definition of facilities which may be acquired.
For the purposes of W.S. 1-26-804 through 1-26-809 "public utility service" means and includes communication or transmission of intelligence or messages by telephone service; electricity for light, heat, power and like purposes; natural or artificial gas for heat, light, power and like purposes; steam for heat, power and like purposes; or water for municipal, domestic, agricultural, irrigation, manufacturing and like purposes, including surface water drainage in accordance with W.S. 16-10-103.
1-26-806. Acquisition of public utility plants by cities
and towns; purpose of acquisition; ownership or operation.
The purpose for which the franchise and plant, facilities, equipment or other property may be acquired is for municipal ownership or operation of the business by the city or town, which right is hereby given to any incorporated city or town.
1-26-807. Acquisition of other property for public utility
service.
Any incorporated city or town of this state has the further right to acquire by condemnation, purchase or gift any real estate or other property, public or private, whether within or outside the corporate limits of the city or town, for rights-of-way, sites, buildings or other purposes connected with or necessary to carry on the business of municipal ownership or operation of any public utility service, or to secure outside connections for any public utility service.
1-26-808. Election in cities and towns on question of
acquisition.
No city or town shall acquire the franchise or the plant, facilities, equipment or other property of any person or entity for the purpose of supplying or furnishing to the public of the city or town any public utility service unless authorized at an election. The election shall be held as provided by law for the submission of a bond issue under the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.
1-26-809. Determination of value of franchise to be
acquired.
In determining the value of the franchise, consideration shall be given to the total amount paid for the franchise for the entire term of the franchise and deductions made proportioned on the unexpired term of the franchise. 1-26-810. Powers of railroad companies relative to condemnation generally.
(a) Any railroad company organized under the laws of this
state, the laws of the United States or which has been duly organized under the laws of any other state and has filed copies of its articles of incorporation with the secretary of state in this state as required by law is authorized to:
(i) Exercise the power of eminent domain to acquire
rights-of-way for railroad tracks and easements for offices, depots and other appurtenant facilities related directly to the operation of the railroad;
(ii) Take, hold and appropriate a right-of-way over
adjacent lands sufficient to enable the corporation to construct and repair its road upon the line of its location or relocation thereof; and
(iii) Acquire a right to conduct water by aqueducts
and to make appropriate drains.
(b) Any land taken, appropriated and held otherwise than
by the consent of the owner shall not exceed two hundred (200) feet in width unless greater width is necessary for excavations, embankments, depositing waste earth or for construction of other appurtenant facilities necessary for the operation of the railroad.
1-26-811. Crossing public highways; privileges and duties.
(a) A railroad company may raise or lower any county road
or other public highway for the purpose of having its railroad pass over or under the road or highway. Repair or reconstruction of roads or highways shall be expeditiously completed.
(b) While engaged in raising or lowering any county road
or other public highway or in making any other alteration which may obstruct the public way, a railroad company shall provide and maintain suitable temporary ways to enable travelers to avoid or pass obstructions.
1-26-812. Constructing, maintaining, abandoning or closing
crossings. (a) When any person owns land on both sides of any railroad, the company owning the railroad shall construct and maintain reasonably adequate means of crossing the railroad.
(b) No railroad shall abandon, close or fail to maintain
any public highway crossing unless in accordance with the provisions of W.S. 37-10-102.
(c) No railroad shall abandon, close or fail to maintain
any other existing crossing which has been maintained or recognized by the railroad for more than five (5) years prior to the effective date of this act without:
(i) Providing written notice of its intended action
to every person owning lands adjacent to the crossing;
(ii) Advertising its intended action in a newspaper
of general circulation in the county of the crossing; and
(iii) No sooner than three (3) weeks after providing
the notice required, holding a meeting open to all persons at which it shall explain and at which persons shall be permitted to express their views on the intended action.
(d) Any railroad violating subsection (c) of this section
shall not be entitled to assert any of the powers provided by W.S. 1-26-810 over any lands which are part of or are adjacent to the crossing, until the railroad has reconstructed the crossing abandoned, closed or not maintained in violation of subsection (c) of this section.
(e) In any action involving the abandonment, closing or
maintenance of a railroad crossing which has been maintained or recognized by the railroad for more than five (5) years prior to the effective date of this act, the railroad shall not be entitled to assert any of the powers provided by W.S. 1-26-810 over any lands which are part of or are adjacent to the crossing unless the railroad establishes by a preponderance of the evidence:
(i) The closing or abandonment of the crossing is
justified by either financial or safety considerations;
(ii) There exists reasonable alternative means of
access to all property served by the crossing; and (iii) That it has complied with the provisions of this section and the Wyoming Eminent Domain Act.
(f) Nothing in this section shall be construed as limiting
or prohibiting any person from maintaining any other action at law for a railroad's failure to maintain a crossing, or abandonment or closing of a crossing.
1-26-813. Right-of-way along public ways granted;
permission necessary for new lines.
(a) Persons authorized to do business in this state for
the purpose of constructing, maintaining and operating a public utility or communications company may set their fixtures and facilities along, across or under any of the public roads, streets and waters of this state in such manner as not to inconvenience the public in their use. Any public utility or communications company desiring to install its facilities in any city shall first attempt to obtain consent from the city council in accordance with applicable law. A person shall first obtain permission from the state transportation commission or the board of county commissioners in the county where the construction is contemplated before entering upon any state highway or county road for the purpose of commencing the construction. An application for all construction permits, licenses and authorizations to construct broadband facilities on government property or public rights-of-way shall be submitted to the appropriate governing entity as the applicable governing entity may require. Upon receiving an application as required in this subsection, any necessary permits, licenses or authorizations shall receive a response, be approved or be denied by the city, department of transportation or the county. Unless a different period is stipulated to by the parties, the city, department of transportation or the county shall respond to the application, approve or deny all necessary permits, authorizations and licenses not later than sixty (60) calendar days after receipt of the application.
(b) As used in this section, "communications company"
means a person, or any agent, contractor or subcontractor of the person, who in the course of business, provides services which are telecommunications services, as defined in W.S. 37-15- 103(a)(xii), internet protocol enabled service or voice over internet protocol. For purposes of this section only, and notwithstanding any other provision of law, a communications company includes a cable operator as defined in 47 U.S.C § 522(5), provided the cable operator provides any of the services listed in this subsection. As used in this section:
(i) "Internet protocol enabled service" means any
service, capability, functionality or application, other than voice over internet protocol service, using existing internet protocol, or any successor internet protocol, that enables an end user to send or receive a communication in existing internet protocol format, or any successor internet protocol format, utilizing a broadband connection at the end user's location, regardless of whether the communication is voice, data or video;
(ii) "Voice over internet protocol service" means any
service that:
(A) Enables real time, two-way voice
communication originating from or terminating at the user's location in internet protocol or a successor protocol;
(B) Utilizes a broadband connection at the
user's location; and
(C) Permits a user to receive a call that
originates on the public switched telephone network and to terminate a call to the public switched telephone network.
(c) Nothing in this section shall:
(i) Authorize communications companies to set or
install permanent towers along, across or under any of the public roads, streets and waters of this state or to set communication poles in a state managed right-of-way;
(ii) Be construed to prohibit a city, town or county
from requiring a franchise before issuing any permits, licenses or authorizations as provided by this section.
1-26-814. Right of eminent domain granted; petroleum or
other pipeline companies; purposes.
Whenever any utility or any petroleum or other pipeline company, authorized to do business in this state, has not acquired by gift or purchase any land, real estate or claim required for the construction, maintenance and operation of their facilities and appurtenances or which may be affected by any operation connected with the construction or maintenance of the same, the utility or company has the right of eminent domain and may condemn the easement required by the utility or company.
1-26-815. Right of eminent domain granted; ways of
necessity for authorized businesses; purposes; extent.
(a) Any person, association, company or corporation
authorized to do business in this state may appropriate by condemnation a way of necessity over, across or on so much of the lands or real property of others as necessary for the location, construction, maintenance and use of reservoirs, drains, flumes, ditches including return flow and wastewater ditches, underground water pipelines, pumping stations and other necessary appurtenances, canals, electric power transmission lines and distribution systems, railroad trackage, sidings, spur tracks, tramways, roads or mine truck haul roads required in the course of their business for agricultural, mining, exploration drilling and production of oil and gas, milling, electric power transmission and distribution, domestic, municipal or sanitary purposes, or for the transportation of coal from any coal mine or railroad line or for the transportation of oil and gas from any well.
(b) The right of condemnation may be exercised for the
purpose of:
(i) Acquiring, enlarging or relocating ways of
necessity; and
(ii) Acquiring easements or rights-of-way over
adjacent lands sufficient to enable the owner of the way of necessity to construct, repair, maintain and use the structures, roads or facilities for which the way of necessity is acquired.
(c) A way of necessity acquired hereunder shall not exceed
one hundred (100) feet in width on each side of the outer sides or marginal lines of the reservoir, drain, ditch, underground water pipeline, canal, flume, power transmission line or distribution system, railroad trackage, siding or tramway unless a greater width is necessary for excavation, embankment or deposit of waste from excavation. In no case may the area appropriated exceed that actually necessary for the purpose of use for which a way of necessity is authorized.
(d) Repealed by Laws 2025, ch. 72, § 3.
(e) No person qualified to exercise the condemnation authority granted by this section, except those persons specified in W.S. 1-26-818(h), shall exercise the authority for the erection, placement or expansion of an energy collector system associated with a commercial facility generating electricity except in accordance with W.S. 1-26-818.
1-26-816. Condemnation and certificate of public necessity
and convenience.
No person shall institute a condemnation proceeding relating to any facility for which a certificate of public necessity and convenience is required until the certificate has been issued.
1-26-817. Reservation of right to establish crossings.
Any condemnation order entered shall in all cases reserve to the owner or occupant of any real property through, over or across which any right-of-way is acquired the right to establish suitable crossings connecting his or their lands on either side of the right-of-way, at any point or points which may be selected by the owner or occupant. The ditch, canal, drain, flume or other irrigation works shall be protected at the crossings by the construction and maintenance of a suitable bridge or viaduct at the expense of the owner or occupant.
1-26-818. Right of eminent domain; energy collector
systems; authorization; restrictions.
(a) Subject to this section, any person authorized to do
business in this state may appropriate by condemnation a way of necessity over, across or on so much of the lands or real property of others as necessary for the erection, placement or expansion of an energy collector system associated with a commercial facility generating electricity. Except as provided in subsection (h) of this section, each person, association, company or corporation shall comply with the requirements of this section before appropriating by condemnation property as specified in this subsection.
(b) Except as provided in subsection (h) of this section,
each person exercising the power of eminent domain under this section shall:
(i) Negotiate and have finalized land use and
compensation agreements: (A) That shall grant the person the right to occupy and use not less than sixty-six percent (66%) of the land upon which the energy collector system will be constructed; or
(B) With not less than sixty-six percent (66%)
of the owners of the land upon which the energy collector system will be constructed if not less than three (3) landowners are involved in the potential condemnation action.
(ii) Allege in any complaint for condemnation and
provide proof to a court of competent jurisdiction:
(A) Compliance with paragraph (i) of this
subsection;
(B) All terms and consideration, including
monetary compensation or compensation given to landowners as described in subsections (b)(i)(A) and (B) of this section, granted to the owners of property with whom the person negotiated under paragraph (i) of this subsection. The court shall ensure that, except for providing the information to the opposing party, all terms and consideration alleged in the complaint under this subparagraph remain confidential; and
(C) That the commercial facility generating
electricity with which the energy collector system constitutes a public use.
(c) For purposes of calculating compensation under this
section, improvements to the property shall be included in its fair market value.
(d) W.S. 1-26-701 through 1-26-715 shall apply to any
condemnation under this section except in no circumstances shall the minimum compensation to be paid be less than the average paid under W.S. 1-26-818(b)(i).
(e) A commercial facility generating electricity shall not
use an existing easement agreement or order granting an easement to the condemnor to place additional energy collector systems associated with a commercial facility generating electricity without first complying with this section unless the existing easement:
(i) Authorizes initial or additional energy collector
systems; (ii) Contemplates a method by which an easement can be enlarged or amended; or
(iii) Authorizes the parties to renegotiate the
easement.
(f) Thirty (30) days before a condemnation action is
commenced under this section, the entity seeking to condemn property shall give notice to the board of county commissioners of the county and any local governing body of the city or town in which the condemnation is to take place.
(g) Any order granting an easement to a condemnor under
this section shall include clauses relating to liability of the parties for potential damages arising from activities occurring on the condemned property and reclamation requirements pertaining to the condemnor's use of the property.
(h) This section shall not apply to:
(i) A public utility that has been granted a
certificate of public convenience and necessity under W.S. 37-2- 205;
(ii) Any energy collector system associated with a
commercial facility generating electricity that began serving load or that began exporting energy from Wyoming before July 1, 2025.
(j) As used in this section:
(i) "Energy collector system associated with a
commercial facility generating electricity" means the conductor infrastructure, including conductors, towers, substations, switchgear and other components necessary to deliver power from any commercial facility generating electricity up to, but not including, electric substations or interconnections facilities associated with existing or proposed transmission lines that serve load or that export energy from Wyoming;
(ii) "Commercial facility generating electricity"
means any commercial plant, property or facility generating electricity from any source for the purpose of selling electricity.
CHAPTER 27 - HABEAS CORPUS
1-27-101. Petition to be under oath; contents.
(a) The petition for the writ of habeas corpus shall be
sworn to and shall state:
(i) The person for whom the writ is sought is
restrained of his liberty, by whom he is restrained and the place where he is restrained, stating the names of the parties if known and if unknown, describing them with as much particularity as practicable;
(ii) The cause or reason for the restraint according
to the best information of the petitioner, and if it is by virtue of any legal process, a copy thereof must be annexed or a satisfactory reason presented for its absence;
(iii) The restraint is illegal;
(iv) The legality of the restraint has not been
adjudged in a prior proceeding, of the same character, to the best knowledge and belief of the applicant, or if previously adjudged the facts of the prior proceeding with a copy of all the papers connected therewith or a satisfactory reason for the absence thereof; and
(v) Whether petition for the writ has been made to
and refused by any court or judge, and if a petition has been made, a copy of the petition with the reason for the refusal appended or satisfactory reasons given for the failure to do so.
1-27-102. Petition to be verified; presentation.
The petition shall be sworn to by the person confined or by someone in his behalf, and presented to a court or officer authorized to allow the writ.
1-27-103. Courts and judges allowing writ; service in any
part of state.
The writ of habeas corpus may be allowed by the supreme or district court or by any judge of those courts. It may be served in any part of the state.
1-27-104. Petition to be made to nearest judge.
Petition for a writ shall be made to the court or judge most convenient in point of distance to the applicant. A more remote court or judge may refuse the writ unless a sufficient reason is stated in the petition for not applying to the more convenient supreme or district court or judge.
1-27-105. Writ to be allowed if grounds sufficient;
contents of writ.
(a) The writ shall be allowed if the petition shows a
sufficient ground for relief and is in accordance with the foregoing requirements.
(b) The writ shall be directed to the person having
custody of or who is alleged to be unlawfully restraining the petitioner, and shall command such person to produce the petitioner in person before the court or judge issuing the writ at the time and place specified in the writ. It shall further command such person to have with him the writ with his return thereon showing his doings in response thereto.
1-27-106. Issuance of writ.
When the writ is allowed by a court, it is to be issued by the clerk, but when allowed by a judge he must issue the writ himself, subscribing his name thereto without any seal.
1-27-107. Reasons to be assigned for disallowance.
If the writ is disallowed, the court or judge shall cause the reasons of the disallowance to be appended to the petition and returned to the person applying for the writ.
1-27-108. Penalty for wrongful disallowance.
Any judge, acting individually or as a member of a court, who wrongfully and willfully refuses the allowance of the writ when properly applied for, shall forfeit to the party aggrieved the sum of one thousand dollars ($1,000.00).
1-27-109. Duty of court to issue writ without application
in certain instances.
Whenever any court or judge authorized to grant this writ has evidence from a judicial proceeding before it that any person within the jurisdiction of the court or judge is illegally imprisoned or restrained, the court or judge shall issue the writ or cause it to be issued though no application has been made. 1-27-110. Service of writ.
The writ may be served by the sheriff or by any other person appointed by the issuing court or judge for that purpose. If served by any person other than the sheriff, he possesses the same power and is liable to the same penalty for a nonperformance of his duty as though he were the sheriff.
1-27-111. Manner of service.
Service shall be made by leaving the original writ with the person to whom it is directed as defendant and preserving a copy on which to make the return of service. If the defendant cannot be found, or if he does not have the plaintiff in custody, service may be made upon any person having the plaintiff in his custody in the same manner and with the same effect as though he had been named defendant therein.
1-27-112. Authorization to arrest defendant.
If the defendant conceals himself or refuses admittance to the person attempting to serve the writ, or if he attempts wrongfully to carry the plaintiff out of the county or state after service of the writ, the person attempting to serve the writ may arrest the defendant and bring him and the plaintiff promptly before the judge or court before whom the writ is made returnable.
1-27-113. Power of sheriff making arrest.
In order to make the arrest, the sheriff or other person having the writ possesses the same power as a sheriff for the arrest of a person charged with a felony.
1-27-114. Plaintiff may be taken in custody by officer;
power of officer.
If the plaintiff is found and no one appears to have charge or custody of him, the person having the writ may take him into custody and make return accordingly. To get possession of the plaintiff's person in such cases, he possesses the same power as given by W.S. 1-27-113 for the arrest of the defendant.
1-27-115. Order for summary production of plaintiff.
The court or judge to whom the petition for the writ is made may order the sheriff or any other person to bring the plaintiff promptly before the court or judge if convinced that the plaintiff will suffer irreparable injury before he can obtain relief by the proceedings authorized.
1-27-116. Order for defendant's arrest for criminal
offense.
When the evidence is sufficient to justify the arrest of the defendant for a criminal offense committed in connection with the illegal restraint of the petitioner, the order shall also order the arrest of the defendant.
1-27-117. Order for defendant's arrest for criminal
offense; service of order of arrest.
The officer or person to whom the order is directed must execute it by bringing the defendant, and the plaintiff if required, before the court or judge issuing it. The defendant shall make return to the writ of habeas corpus in the same manner as if the ordinary course had been pursued.
1-27-118. Examination, commitment or discharge of
defendant.
The defendant may be examined, committed, bailed or discharged according to the nature of the case.
1-27-119. Errors in writ to be disregarded.
The writ of habeas corpus shall not be disobeyed for any defect of form or misdescription of the plaintiff or defendant if enough is stated to show the meaning and intent of the writ.
1-27-120. Identity of defendant presumed.
Any person served with the writ is presumed to be the person to whom it is directed, although it may be directed to him by a wrong name or description.
1-27-121. Contents of defendant's answer.
The defendant in his answer shall state simply and unequivocally whether he then has or at any time has had the plaintiff under his control and restraint, and if so, the reason therefor. If he has transferred him to another person, he shall state the fact, to whom and the time thereof, and the reason and authority therefor. If he holds him by virtue of a legal process or written authority, a copy thereof shall be annexed.
1-27-122. Petitioner may reply to answer; trial by court.
The petitioner may reply to the defendant's answer, and all issues joined thereon shall be tried by the judge or court.
1-27-123. Evidence before magistrate may be reviewed.
The reply may deny the sufficiency of the testimony to justify the action of the committing magistrate, on the trial of which issue all written testimony before the magistrate may be given in evidence before the court or judge in connection with any other testimony which may then be produced.
1-27-124. Compelling attendance of witnesses; punishing
for contempt.
The judge issuing the writ of habeas corpus or the judge before whom it is tried has the same power as a court to compel the attendance of witnesses or to punish contempt of his authority.
1-27-125. Certain proceedings not reviewable.
Habeas corpus is not permissible to question the correctness of the action of a grand jury in finding a bill of indictment, or a petit jury in the trial of a cause nor of a court or judge when acting within their jurisdiction and in a lawful manner.
1-27-126. When petitioner to be discharged.
If no sufficient legal cause of detention is shown, the petitioner must be discharged.
1-27-127. Errors in commitment to be disregarded.
Although the commitment of the petitioner was irregular, if the court or judge is satisfied from the evidence that he ought to be held to bail or committed either for the offense charged or any other, an order may be made accordingly.
1-27-128. Petitioner may be committed or admitted to bail.
The petitioner may be committed, let to bail or his bail be mitigated or increased as justice requires. 1-27-129. Custody of petitioner pendente lite.
Until the sufficiency of the cause of restraint is determined, the defendant may retain the petitioner in his custody.
1-27-130. Presence of petitioner at trial; waiver.
The petitioner or his attorney may waive in writing his right to be present at the trial, in which case the proceedings may be had in his absence. The writ in such cases will be modified accordingly.
1-27-131. Refusal of officer to deliver copy of process.
Any officer refusing to deliver a copy of any legal process by which he detains the petitioner in custody to any person who demands a copy, shall forfeit five hundred dollars ($500.00) to the person detained.
1-27-132. Transfer, removal or concealment of person with
intent to avoid service.
Whoever, having under his restraint any person for whose release a writ of habeas corpus has been issued or is being applied for, transfers that person to the custody or control of another or conceals the place of his confinement or restraint, or removes him from the jurisdiction of the court from which the writ is issued or sought, with the intent to avoid the service or effect of the writ, or whoever knowingly aids or abets in the commission of any such offense, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than ninety (90) days, or both.
1-27-133. Papers to be filed; journal entry.
When the proceedings are before a judge and the writ is allowed, all papers in the case shall be filed with the clerk of the district court of the county wherein the final proceedings are had, and the final order shall be entered by the clerk upon the journal as a vacation order.
1-27-134. Fees and costs not to be advanced.
No officer shall refuse to perform any of the duties required by law in habeas corpus proceedings because his fees are not paid in advance, but the judge or court to whom a petition is made may require the petitioner to give security for the payment of costs that may be taxed against him.
CHAPTER 28 - INJUNCTIONS
1-28-101. "Injunction" defined.
An injunction is a command to refrain from a particular act. It may be the final judgment in an action or may be allowed as a provisional remedy, and when so allowed it is by order.
1-28-102. Causes for injunction; granting temporary order.
When it appears by the petition that the plaintiff is entitled to relief consisting of restraining the commission or continuance of some act the commission or continuance of which during the litigation would produce great or irreparable injury to the plaintiff, or when during the litigation it appears that the defendant is doing, threatens to do, or is procuring to be done some act in violation of the plaintiff's rights respecting the subject of the action and tending to render the judgment ineffectual, a temporary order may be granted restraining the act. The order may also be granted in any case where it is specially authorized by statute and by municipal ordinance adopted pursuant to W.S. 15-1-103(a)(xlvi).
1-28-103. When and by whom granted.
The injunction may be granted at the time of commencing the action, or at any time before judgment, by the district court or a judge thereof, or in the absence from the county of the judge, by the court commissioner of the county, when it appears by affidavit of the plaintiff or his agent that the plaintiff is entitled thereto. When an injunction has been vacated during the pendency of the action in the district court, and an appeal is taken to the supreme court from the judgment or final order after trial in the district court, an injunction may be granted at any time before judgment or final order in the supreme court by a judge of the supreme court, when it appears to the court or judge by affidavit of the party or his agent that the party is entitled thereto. Upon like proof, an injunction may also be allowed by the supreme or district court or by a judge of either as a temporary remedy, during the pendency of a case on error or appeal.
1-28-104. Order of injunction and notice.
The order of injunction shall be addressed to the party enjoined and shall state the injunction. When the injunction is allowed at the commencement of the action, the clerk shall endorse upon the summons "injunction allowed", and it is not necessary to issue the order of injunction; nor is it necessary to issue the order when notice of the application has been given to the party enjoined. Service of the summons so endorsed or the notice of the application for an injunction is notice of its allowance.
1-28-105. Injunction operative from time of notice.
An injunction shall bind the party from the time he has notice and the bond required is executed.
1-28-106. When second application for injunction denied.
No injunction shall be granted by a judge after a motion therefor has been overruled by his court on the merits of the application. When it has been refused by the court in which the action is brought, or a judge thereof, it shall not be granted to the same applicant by a court of inferior jurisdiction, or any judge thereof.
1-28-107. Enforcement of injunction; penalties.
An injunction or restraining order granted by a judge may be enforced as the act of the court, and disobedience may be punished by the court as a contempt. An attachment may be issued against the disobedient party upon satisfactory showing by affidavit of the breach of the injunction or restraining order. The disobedient party may be required by the court or judge to pay a fine not exceeding two hundred dollars ($200.00), to make immediate restitution to the party injured and to give further security to obey the injunction or restraining order. In default thereof, he may be committed to custody until he complies with the requirements or is otherwise legally discharged. Fines collected under this section shall be paid to the state treasurer and credited as provided in W.S. 8-1-109.
1-28-108. Additional security may be required.
At any time before judgment, upon reasonable notice to the party who obtained the injunction, a party enjoined may move the court or judge for additional security. If it appears that the surety has removed from the state or is insufficient, the court may vacate the injunction unless in a reasonable time sufficient security is given. 1-28-109. Affidavits used on hearing.
On the hearing of an application for an injunction, each party may read affidavits, and all affidavits shall be filed.
1-28-110. Motion to vacate or modify injunction.
When an injunction has been granted a party may, before trial, apply to the court in which the action is pending, or a judge thereof, or to the supreme court or a judge thereof, to vacate or modify the same. The party applying for vacation or modification shall give the adverse party reasonable notice of the time and place for hearing the motion. The application may be made upon the petition and affidavits upon which the injunction was granted, or upon affidavits of the party enjoined, with or without answer.
1-28-111. Evidence on hearing of motion.
When the application is made upon affidavits of the defendant but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to the evidence on which the injunction was granted.
CHAPTER 29 - LIBEL AND SLANDER
1-29-101. Radio and television stations; liability
generally.
The owner, licensee or operator of a visual or sound broadcasting station or network of stations, and the agents or employees of the owner, licensee or operator are not liable for damages for any defamatory statement published or uttered in a visual or sound broadcast by one other than the owner, licensee, or operator, or agent or employee thereof, unless the complaining party proves that the owner, licensee, operator, agent or employee failed to exercise due care to prevent the publication or utterance of such statement in the broadcast.
1-29-102. Radio and television stations; liability for
statements made by political candidates.
An owner, licensee or operator or the agents or employees of any owner, licensee or operator of a visual or sound broadcasting station is not liable for any damages for any defamatory statement uttered over the facilities of the station by any candidate for public office.
1-29-103. Limitation as to damages.
In an action for damages for any defamatory statement published or uttered in or as a part of a visual or sound broadcast, the complaining party shall be allowed only the actual damages he has alleged and proved.
1-29-104. Publication of proceedings of governing bodies
deemed privileged; exception.
The publication of a fair and impartial report of the proceedings before state or municipal legislative bodies, or before state or municipal executive bodies, boards or officers, or the whole or a fair synopsis of any document presented, filed or issued in any proceeding before a legislative or executive body, board or officer, is privileged unless it is proved that the publication was made maliciously.
1-29-105. Publication of criminal and civil proceedings
deemed privileged; exceptions.
The publication of a fair and impartial report of any indictment, the issuing of any warrant, the arrest of any person accused of crime, or the filing of any pleading or other document in any criminal or civil cause in any court, or of the contents thereof, is privileged unless it is proved that the same was published maliciously or that the defendant has refused or neglected to publish in the same manner in which the publication complained of appeared a reasonable written explanation or contradiction thereof by the plaintiff, or that the publisher has refused upon plaintiff's request to publish the subsequent determination of the suit or action.
1-29-106. Publication of indecent matter prohibited.
Nothing in W.S. 1-29-104 or 1-29-105 shall authorize the publication of blasphemous or indecent matter.
CHAPTER 30 - MANDAMUS
1-30-101. "Mandamus" defined.
Mandamus is a writ issued in the name of the state to an inferior tribunal, a corporation, board or person commanding the performance of an act which the law specially enjoins as a duty resulting from an office, trust or station.
1-30-102. By what courts issued; cannot control judicial
discretion.
The writ can only be issued by the supreme court or the district court. It may require an inferior tribunal to exercise its judgment or to proceed to discharge any of its functions but it cannot control judicial discretion.
1-30-103. Application for writ; notice to defendant.
The application for a writ must be by petition, in the name of the state, on the relation of the party applying and verified by affidavit. The court may require notice of the application to be given to the defendant, may grant an order to show cause why it should not be allowed, or may allow the writ without notice.
1-30-104. Writ not to be issued if adequate remedy at law;
party beneficially interested.
The writ must not be issued when there is an adequate remedy at law. It may issue on the information of the party beneficially interested.
1-30-105. Writ to be peremptory if right is clear;
alternative writ to issue in other cases.
When the right to require the performance of the act is clear and it is apparent that no valid excuse can be given for not performing it, a court may allow a peremptory mandamus. In all other cases an alternative writ must first be issued on the allowance of the court, or a judge thereof.
1-30-106. Docket entry of allowance of writ.
The allowance of a peremptory writ ordering the defendant to do the act required immediately upon service, or an alternative writ ordering that he do the act or show cause before the court at a specified time and place why he does not do the act, shall be entered upon the docket.
1-30-107. Issuance and service of writ.
The writ shall be issued by the clerk of the court in which the application is made and shall contain a copy of the petition, verification and order of allowance. A copy shall be served upon the defendant personally, by the sheriff of the proper county or by a person specially authorized by the court or judge. The officer or person shall report his proceedings to the court, and if the service is made by a person not an officer, the return must be verified by his affidavit.
1-30-108. Defendant may answer.
On the return day of an alternative writ or such other day as the court may allow, the defendant may answer as in a civil action.
1-30-109. Judgment on default.
If no answer is made, a peremptory mandamus shall be allowed against the defendant.
1-30-110. Effect and construction of pleadings.
The pleadings shall have the same effect and be construed and amended as in civil actions.
1-30-111. Issues of fact; trial.
Issues of fact made by the pleadings shall be tried and further proceedings had thereon the same as in civil actions.
1-30-112. Judgment for plaintiff; damages.
If judgment is for the relator, he may recover damages as ascertained by the court, a jury or by a referee or master as in a civil action, plus costs. A peremptory mandamus shall also be granted to him without delay.
1-30-113. Recovery a bar to other actions.
A recovery of damages against a defendant shall bar any other action upon that cause of action.
1-30-114. Costs against relator.
If judgment is given for the defendant, all costs shall be adjudged against the relator.
1-30-115. Penalty for failure to comply with mandamus.
When a peremptory mandamus is directed to a public officer, body or board commanding the performance of a public duty specially enjoined by law, and the court finds that the officer or any member of
Wyo. Stat. § 15-1-404
15-1-404(a)(ii)(C) and (D). All ordinances annexing territory without notice and public hearing shall contain a statement that the territory is solely owned by the petitioning city or town.
15-1-408. Annexing territories; effective dates.
The annexation of any territory is effective upon publication of the ordinance, unless another date is specified in the ordinance. The effective date of the annexation ordinance shall not be less than twenty (20) business days after the public hearing required by W.S. 15-1-405(a). For purposes of real and personal property taxation, the annexation is not effective until January 1 next following the effective date of the ordinance. If an appeal is filed and perfected by a person other than a utility, the effective date is January 1 next following the court's final decision of the matter. If an appeal of the franchise decision is filed and perfected by a utility, the annexation is effective upon the publication of the ordinance unless another date is specified in the ordinance, but the appealing utility shall be permitted to continue its present service in the annexed area until the court's final decision of the matter.
15-1-409. Annexing territories; appeal; determination;
time for review; exclusiveness of appeal remedy.
(a) If any landowner in the territory proposed to be
annexed or any owner of real property in the annexing city or town, or utility is aggrieved by the acts of the governing body, he may appeal to the district court for a review of the acts or findings thereof.
(b) If the court determines that the action taken was
capricious or arbitrary, or if it appears from the evidence that the landowner's right in his property is being unwarrantedly invaded or that the governing body abused its discretion, the court shall declare the annexing ordinance void. If the court determines the action of the governing body was proper and valid, it shall sustain the ordinance.
(c) All proceedings to review the findings and the
decisions of the governing body or actions to determine the validity of the annexation ordinance pursuant to the Uniform Declaratory Judgments Act shall be brought within sixty (60) days of the effective date of the annexation ordinance, and if not brought within that time are forever barred.
15-1-410. Annexing territories; extension of laws and
rights; extension of public utility service.
(a) The territory and inhabitants of any annexed area are
subject to all the laws, ordinances, rules and regulations of the city or town to which they are annexed and are entitled to all the rights, privileges and franchises or other services afforded the inhabitants thereof. The services shall be provided in accordance with the timetable provided pursuant to W.S. 15-1-402(c)(iii). Notwithstanding any other provision of law, no law, ordinance, rule or regulation of a municipality annexing property under W.S. 15-1-404 shall restrict the continuous use of the property by a current or subsequent owner of an interest in the property, if the use was existing at any time within the year prior to the date of annexation and was lawful at the time the property was annexed. For purposes of this subsection, a use which has been discontinued for any one (1) year period after the date of annexation shall not be considered continuous and shall not thereafter be reestablished unless in conformance with current law, ordinance, rule or regulation.
(b) The governing body of the annexing municipality shall,
within thirty (30) days after the date of the annexation, give written notice of the annexation to all public electric utilities presently providing service within the annexed area and, except in the case of an annexing municipality which owns or operates its own electric utility, any area adjacent to the annexed area. Except in the case of an annexing municipality which owns or operates its own electric utility, any of those public utilities required to be notified may, within sixty (60) days after the date of annexation, petition the governing body of the annexing city or town for a franchise to serve additional portions within the annexed area or the entire annexed area. Except in the case of a municipality which owns or operates its own electric utility, any petitioning utility which does not currently hold a certificate of public convenience and necessity for the annexed area shall petition the public service commission for a certificate to include the annexed area, and if two (2) or more public electric utilities have been granted or are seeking a certificate of public convenience and necessity to serve the annexed area, the public service commission shall determine, following a hearing, which utility or utilities should be certificated in the public interest to provide service to the annexed area. No recipient of a certificate of public convenience and necessity shall serve any portion of the annexed area without the consent of the governing body of the annexing city or town and provided that the entire annexed area is served under one (1) or more certificates of public convenience and necessity.
(c) Except in the case of an annexing municipality which
owns or operates its own electric utility, the governing body of the annexing municipality shall hold an appropriate public hearing and, upon determining that one (1) or more petitioning public utilities can meet the terms and conditions of a franchise, issue franchises to one (1) or more utilities to serve portions of or the entire annexed area.
(d) Notwithstanding any other provision of law, nothing
contained in this section shall limit the right of a municipality which owns or operates its own electric utility to extend its electric service into any area annexed by the municipality, and nothing contained in this section shall subject any such municipality to the jurisdiction of the public service commission.
15-1-411. Incorporation of territory within potential
urban area.
All territory within one (1) mile of an incorporated city or town, as it now exists or may hereafter be established, is potentially an urban area. No territory within a potential urban area may be incorporated as a city or town unless the governing body of the city or town causing the potential urbanized area to exist, by resolution, approves the proposed incorporation.
15-1-412. When written consent of landowners required for
annexation; exception.
No tract of land or any part thereof, whether consisting of one (1) parcel or two (2) or more contiguous parcels owned by one (1) landowner or owned jointly by two (2) or more landowners as cotenants, which comprises forty (40) acres or more and which together with the buildings or improvements situated thereon has an assessed valuation in excess of forty thousand dollars ($40,000.00) as of the current assessment for property tax purposes, may be annexed without the written consent of the landowner or landowners, unless the tract of land is situated entirely within the boundaries of the annexing city or town.
15-1-413. Survey of boundaries; when and how to be made;
presumption once recorded.
(a) If the boundaries of any city or town are uncertain or
incapable of ascertainment, the governing body, by ordinance, may provide for a survey thereof. If the survey is made, the boundaries shall be marked by substantial monuments, and the person making the survey shall report to the governing body describing the boundaries by metes and bounds. The description as nearly as possible shall refer, if upon surveyed lands, to the corners or lines of the United States surveys. The person making the survey shall also file with the city or town clerk the field notes of his survey. The city or town clerk shall then file a copy of the report and a copy of the field notes certified by the mayor and clerk with the county clerk for the county in which the city or town is located.
(b) Any survey made and recorded as provided in subsection
(a) of this section is presumptive of the boundaries of the city or town, and any copy thereof certified by the county clerk shall be received in evidence in any court of this state.
(c) The city or town clerk shall file a copy of an
official map or legal description designating the geographical boundaries of the city or town or the changes to its geographical boundaries with the department of revenue, the county assessor and the county clerk in the county or counties within which the city or town is located in accordance with the department's rules adopted pursuant to W.S. 39-11-102(c)(xxiv) regarding tax districts, with any special district affected by the boundary change and as follows:
(i) Within ten (10) days after the effective date of
formation; and
(ii) Within thirty (30) days if a city or town has
changes to its geographical boundaries by annexation or de- annexation.
15-1-414. Survey of boundaries; oath required; filing
thereof.
(a) Any person making the survey who is not an officer of
the city or town, before entering upon the work, shall subscribe an oath to:
(i) Faithfully, diligently and to the best of his
ability make the survey;
(ii) Make field notes and report accurately the
results of the survey and the description of the boundaries.
(b) The oath shall be filed with the city or town clerk
and a copy thereof shall be attached to the certificate filed with the county clerk.
15-1-415. Additions to cities or towns by subdividing
landowners; plat requirements; filing and effect thereof; controlling layout of streets. (a) The owner of any land within or contiguous to any city or town may subdivide the land into lots, blocks, streets, avenues and alleys and other grounds under the name of .... addition to the city (town) of .... An accurate map or plat shall be made designating the subdivided land and particularly describing the lots, blocks, streets, avenues and alleys and other grounds of the addition. The lots must be designated by numbers, and the streets, avenues and other grounds by name or numbers.
(b) The plat shall:
(i) Be acknowledged before some officer authorized to
acknowledge deeds;
(ii) Have appended a survey made by a land surveyor
registered under the laws of this state with a certificate that he has accurately surveyed the addition, and that the parts thereof are accurately staked off and marked with an appropriate metal monument including magnetic iron, inscribed at least with the registration number of the land surveyor to provide source identification, at all lot corners and survey control points of the addition.
(c) When the map or plat is made out, acknowledged,
certified and approved by the governing body, it shall be filed and recorded in the office of the county clerk. When filed it is equivalent to a deed in fee simple to the city or town from the owner, of all streets, avenues, alleys, public squares, parks and commons and of that portion of the land set apart for public and city use, or dedicated to charitable, religious or educational purposes. All additions thus laid out are a part of the city or town for all purposes, and the inhabitants of the addition are entitled to all the rights and privileges and subject to all the laws, ordinances, rules and regulations of the city or town.
(d) The governing body, by ordinance, may compel the owner
of any addition to lay out streets, avenues and alleys to correspond in width and direction and be continuations of the streets, ways and alleys in the city or town or other additions thereto. No addition is valid unless the terms and conditions of the ordinance are complied with and the plat submitted and approved by the governing body. (e) With respect to any water rights appurtenant to lands to be subdivided in accordance with this section and prior to certification and approval of the map or plat the governing body shall require the owner to submit to the governing body the following:
(i) The intended disposition of the water rights, by:
(A) Written documentation from the state
engineer or the state board of control that the owner submitted to the state engineer or the state board of control all documents necessary to voluntarily abandon the water rights, cancel any unadjudicated permits or eliminate applicable lands from any unadjudicated permits. The owner shall notify any purchasers of this action;
(B) Written documentation from the state board
of control that the owner submitted to the state board of control all documents necessary to change the use or place of use to provide for beneficial use of the water rights outside the subdivision, which may include a transfer to the city or town for use within its municipal water service boundaries;
(C) A plan, accompanied by written documentation
from the state engineer approving the plan, for the distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the distribution of the water to the lots within the subdivision and shall include written documentation from the state board of control that the owner submitted to the state board of control all documents necessary to change the use, place of use or point of diversion or means of conveyance in accordance with W.S. 41-3-103, 41-3-104 or 41-3-114; or
(D) Written documentation from the state board
of control that it has accepted an authorization to detach water rights appurtenant to the lands to be subdivided in accordance with rules and regulations promulgated by the state board of control.
(ii) If the subdivision is located within lands
served by or crossed by a ditch, irrigation works or other water conveyance system, evidence that the owner submitted the subdivision map or plat to the public entity, company, association or appropriators responsible for the ditch, irrigations works or other water conveyance system for review and recommendations at least sixty (60) days prior to the submittal of the map or plat to the governing body. Upon receipt of the subdivision map or plat, the public entity, company, association or appropriators shall notify the owner if and how the subdivision will create a significant additional burden or risk of liability;
(iii) Evidence that the owner will specifically state
on all offers and solicitations relative to the subdivision the owner's intent to comply with this paragraph and that the owner does not warrant to a purchaser that the purchaser shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision. The owner shall further state that Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river;
(iv) If the subdivision is located within the
boundaries of an irrigation district that is subject to the provisions of title 41, chapter 7 of the Wyoming statutes, the map or plat shall be accompanied by recommendations from the irrigation district regarding any changes to the attached water rights and the irrigation district's easements. If there is a conflict with the irrigation district's recommendations, the owner shall certify that it met with and made a good faith effort to resolve any conflicts with the irrigation district; and
(v) If the subdivision will create a significant
additional burden or risk of liability to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system, the owner shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability and evidence that the owner submitted the plan to the public entity, company, association or appropriators for review and recommendation regarding the adequacy of the plan.
15-1-416. Landowner petition to exclude tract from city or
town; disposition thereof; exclusion of land for highway purposes.
(a) Repealed By Laws 1997, ch. 158, § 3.
(b) Repealed By Laws 1997, ch. 158, § 3.
(c) The governing body may exclude from any city or town
land sufficient for the construction of state highways. Notice of the intended action and the time and place of public hearing for objections shall be published once each week for four (4) consecutive weeks prior to the hearing in a newspaper of general circulation within the city or town. No action may be taken by the governing body to exclude land for highway purposes over the objection of any owner of property to be excluded.
15-1-417. Annexing contiguous cities or towns; procedure.
(a) When any city or town desires to be annexed to another
contiguous city or town, their governing bodies shall meet to determine the terms and conditions on which the proposed annexation might be made. If the governing body of each city or town approves of the terms and conditions proposed, the governing body of the city or town to be annexed shall circulate a written petition requesting annexation subject to the terms and conditions set forth in W.S. 15-1-403 among the city's or town's qualified registered electors. Once the petition is signed by at least a majority of the qualified registered electors residing in the city or town, as determined by the records of the county clerk, it shall be filed with the clerk of the annexing city or town.
(b) No signature on the petition is valid if it is dated
more than one hundred eighty (180) days prior to the date of filing the petition for annexation with the clerk. No person signing a petition for annexation may withdraw his signature from the petition after it has been filed with the clerk.
(c) The clerk shall refer the petition to the governing
body which shall then, without undue delay, take appropriate steps to comply with W.S. 15-1-402, 15-1-404 and 15-1-405 and determine if the petition is in compliance with subsection (a) of this section.
(d) If the petition is not in minimum compliance, the
governing body of the city or town desiring to be annexed shall be notified that no further action will be taken on the petition until compliance is made.
(e) As an alternative to the circulation of the petition
as provided by subsection (a) of this section the town to be annexed may hold a special election on the question in accordance with W.S. 22-23-801 through 22-23-809.
15-1-418. Annexing contiguous cities or towns; annexation
ordinance; filing. (a) If after the hearing, the governing body of the annexing city or town finds that the conditions and procedures required by W.S. 15-1-402, 15-1-404 and 15-1-405 have been met and the terms and conditions in the written petition exist, it may by ordinance annex the city or town.
(b) A certified copy of the annexation ordinance including
a legal description of the area and the map prepared pursuant to W.S. 15-1-402(c)(i) and in accordance with W.S. 33-29-801 shall be filed with the county clerk of the county in which the action has taken place.
15-1-419. Annexing contiguous cities or towns; effective
dates; appeals.
(a) The annexation of any city or town is effective upon
the publication date of the annexing city or town's annexation ordinance, unless a different date is specified in the ordinance. Thereafter the city or town to which the annexation is made shall pass ordinances, not inconsistent with law, as will carry into effect the terms and conditions of the annexation. For purposes of taxation, the annexation does not become effective until January 1 next following the effective date of the ordinance, unless an appeal is filed and perfected, in which case the effective date is January 1 next following the court's final decision.
(b) Appeals to the district court and limitations thereon
are governed by W.S. 15-1-409 except that any registered and qualified elector as of the date of adoption of the ordinance shall also be able to appeal to the district court.
15-1-420. Annexing contiguous cities or towns; how
governed; extension of laws, rights and utilities; dissolution of annexed city or town; disposition of assets and liabilities.
(a) After the effective date of annexation, the city or
town annexed shall be governed as part of the city or town to which it is annexed. The territory and inhabitants of the city or town annexed are subject to all the laws, ordinances, rules and regulations of the city or town to which annexed and are entitled to all the rights, privileges and franchise services afforded the inhabitants thereof including fire protection, sanitary facilities and utility service. If the inhabitants of the annexing city or town are furnished any utility service by the annexing city or town or under franchise, the annexed area may receive the same service. (b) The annexed city's or town's municipal corporate assets including money, real and personal property, and rights, titles and interests of any nature, upon the effective date of annexation, without further conveyance, are the assets of the annexing city or town. The annexed city or town, without further action, shall be dissolved and the annexation ordinance shall so provide. The annexing city or town shall make provision for meeting all liabilities of the annexed city or town through assumption or by other lawful means. No such assumption or other action taken under this act shall materially impair existing obligations of contract of either the annexing or annexed city or town. Liabilities to be assumed by the annexing city or town shall include all revenue bonds and other special obligations which by their terms are not payable from ad valorem taxes. The revenue bonds and special obligations shall not become general obligations of the annexing city or town.
(c) The annexing city or town in the annexation ordinance
shall allocate equitably the debts of the annexed and annexing city or town. The equitable allocation shall be according to benefits received by the annexed and annexing city or town from additional assets being brought into the combined city or town.
(d) Any such bonded indebtedness may be refunded by the
annexing city or town under the laws of Wyoming existing at the time of this refunding.
15-1-421. Municipal de-annexation.
(a) Any landowner within a city or town may petition the
governing body of the city or town to have his land or a portion of it de-annexed and the boundaries of the city or town redrawn so their land is outside the city or town boundaries. The landowner shall file the petition with the clerk of the affected city or town and shall also provide a copy of the petition to the county commissioners of the affected county. The county commissioners shall, within sixty (60) days, prepare a report on the impact of the de-annexation. The affected city or town may not take any action on the petition for de-annexation until after the sixty (60) day period. The commissioners may establish rules and regulations for the area to be de-annexed which are consistent with county land use plans and zoning ordinances.
(b) The petitioner shall be responsible for publishing a
public notice of the petition in a newspaper of general circulation in the affected municipality no more than ten (10) days after filing the petition with the municipal clerk. The notice shall also include a map showing identifiable landmarks and boundaries.
(c) The governing body of the city or town may by
ordinance provide for this de-annexation and redrawing of boundaries provided that:
(i) The owners of all the land to be de-annexed
either sign the petition for de-annexation or consent to the de-annexation within one hundred twenty (120) days after the final passage of the de-annexation ordinance and before its effective date. The passage of the ordinance shall serve as the consent of the city or town for any land owned by the city or town within the area to be de-annexed;
(ii) The ordinance is adopted within one hundred
twenty (120) days after the receipt of the de-annexation petition and within one hundred eighty (180) days after the landowner's signature of the petition, unless a further consent of all the landowners is obtained before the effective date of the ordinance; and
(iii) If the de-annexation causes land within the
city or town boundaries to no longer be contiguous with the rest of the city or town, the de-annexation ordinance may be adopted only with the consent of all the owners of the land to be isolated by the de-annexation.
(d) If the city or town owns any rights-of-way, easements,
streets or other property or improvements within the area to be de-annexed it may:
(i) Vacate or abandon them;
(ii) Transfer them to the county government with the
consent of the county commissioners;
(iii) Agree to transfer them to another city or town
upon completion of the annexation of all or part of the de-annexed land to that other city or town;
(iv) Retain ownership of them.
(e) No de-annexation shall create an area which is
situated entirely within the municipality but is not a part of the municipality. (f) The landowner petitioning to have land de-annexed and his successors and assigns shall remain liable for any assessments incurred or levied while the land was within the city or town boundaries and for all mill levies necessary to repay any indebtedness that was outstanding at any time the property was within the city or town boundaries. Neither the de-annexation nor subsequent annexation to or incorporation as another city shall increase or decrease these liabilities.
15-1-422. Prohibited acts.
The granting of an exception to the area wide waste treatment management plan by any city or town to any person may not be conditioned upon any agreement by that person to annexation under this article.
15-1-423. Municipal growth management agreements.
(a) Following a public hearing which may be held jointly
between the affected cities or towns, any city or town may mutually agree with one (1) or more cities or towns defining the future geographical growth and expansion areas for each respective city or town. Any agreement under this section shall be reduced to writing and approved by the governing body of each city or town which is a party to the agreement. No agreement under this section shall be amended, terminated or voided by any party thereto after its execution except by the mutual written agreement of the parties to the agreement.
(b) Any agreement entered into by and between any cities
or towns under this section shall provide that the parties to the agreement shall not annex real property located in any other party's defined growth and expansion area unless the nonannexing city or town's governing body consents, in writing, to any such annexation.
(c) Any agreement entered into by and between any cities
or towns defining their respective future geographical growth and expansion areas prior to July 1, 2007 is hereby ratified and approved and may only be amended, terminated or voided by the mutual written agreement of the governing bodies of the parties thereto.
(d) Nothing in this section shall supercede other
requirements for annexation under this article. ARTICLE 5 - PLANNING
15-1-501. Definitions.
(a) For the purposes of this article:
(i) "Commission" means the planning commission
authorized by W.S. 15-1-502;
(ii) "Street" includes streets, highways, avenues,
boulevards, parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements and rights-of-way and other ways;
(iii) "Subdivision" means the division of a tract or
parcel of land into three (3) or more parts for immediate or future sale or building development.
15-1-502. Commission authorized; organization and
procedure; compensation; staff; consultants; expenditures.
Each city and town may have a planning commission. The number and terms of the members and any other details relating to its organization and procedure shall be determined by the governing body. The members shall be appointed by the mayor with the consent of the governing body and shall serve without compensation, except for reasonable expenses. The commission may appoint employees and staff necessary for its work and may contract with city planners and other consultants, including any appropriate agencies or departments of the state of Wyoming, for any service it requires. Commission expenditures shall not exceed the amount of funds appropriated by the governing body or obtained through gifts or otherwise.
15-1-503. Master plan; adoption; concurrent action;
contents; amendment.
(a) The commission, after holding public hearings, shall
adopt and certify to the governing body a master plan for the physical development of the municipality. If the plan involves territory outside the city or town, action shall be taken with the concurrence of the board of county commissioners or county planning commission, or other municipal legislative body concerned. The master plan, with the accompanying maps, plats, charts and descriptive and explanatory matter shall show the: (i) Commission's recommendations for the development and may include the general location, character and extent of streets, bridges, viaducts, parks, waterways and waterfront developments, playgrounds, airports and other public ways, grounds, places and spaces;
(ii) General location of public buildings and other
public property;
(iii) General location and extent of public utilities
and terminals, whether publicly or privately owned, for water, light, power, heat, sanitation, transportation, communication and other purposes;
(iv) Acceptance, widening, removal, extension,
relocation, narrowing, vacation, abandonment, or change of use of any public ways, grounds, places, spaces, buildings, properties, utilities or terminals;
(v) Zoning plan for the regulation of the height,
area, bulk, location and use of private and public structures and premises, and of population density;
(vi) General location, character, layout and extent
of community centers and neighborhood units; and
(vii) General character, extent and layout of the
replanning of blighted districts and slum areas.
(b) The commission may amend, extend or add to the plan or
carry any part or subject matter into greater detail.
15-1-504. Master plan; preparatory surveys and studies;
general purpose.
In preparing the master plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and probable future growth of the municipality and its environs. The plan shall be made for the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the municipality which will best promote the general welfare as well as efficiency and economy in the process of development.
15-1-505. Master plan; manner of adopting generally;
certification thereof. The commission may adopt the master plan in parts as the plan progresses or as a whole. Any part of the plan shall correspond generally with one (1) or more of the functional subdivisions of the subject matter thereof. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative vote of not less than a majority of the commission. The resolution shall refer expressly to the maps, descriptive matter and other matters intended by the commission to form the whole or part of the plan. The action taken shall be recorded on the adopted plan or part thereof over the signature of the secretary of the commission. A copy of the plan or part thereof shall be certified to the governing body.
15-1-506. Master plan; construction to conform, be
approved; overruling disapproval; time limitation.
(a) If the governing body has adopted the master plan or
any part thereof, no street, park or other public way, ground, place or space, public building or structure or public utility, whether publicly or privately owned, may be constructed until its location and extent conform to the plan and have been approved by the commission. If disapproved, the commission shall communicate its reasons to the governing body which by a vote of not less than a majority of its membership may overrule the disapproval. If overruled, the governing body or the appropriate board or officer may proceed. However, if the public way, ground, place, space, building, structure or utility is one which the governing body, or other body or official of the municipality may not authorize or finance, then the submission to the commission shall be by the board or official having that jurisdiction, and the commission's disapproval may be overruled by that board by a majority vote or by that official. The acceptance, widening, removal, extension, relocating, narrowing, vacation, abandonment, change of use, acquisition of land for, or sale or lease of any street or other public way, ground, place, property or structure may be similarly overruled.
(b) If the commission fails to act within thirty (30) days
after the proposal has been submitted to it, the proposal is deemed approved, unless a longer period is granted by the governing body or other submitting body, board or official.
15-1-507. General powers of commission.
(a) The commission has all powers necessary to perform its
functions and promote municipal planning and may: (i) Make reports and recommendations relating to the plan and development of the municipality to public officials and agencies, other organizations and citizens;
(ii) Recommend to the executive or legislative
officials programs for public improvement and their financing.
15-1-508. Major street plan; official map; contents;
procedure; effect; recording ordinance.
(a) After the commission has adopted a major street plan,
the governing body may establish an official map of the whole or any part of the existing public streets. The map may also show the location of the lines of streets on plats of subdivisions which the commission has approved. The governing body may make other additions to or modifications of the official map by extending the lines of proposed new streets or street extensions, widenings, narrowings or vacations which have been accurately surveyed and definitely located. Before taking any such action the governing body shall hold a public hearing thereon. Any proposed addition to or modification of the official map shall be submitted to the commission for its approval. If the commission disapproves, approval of the addition or modification then requires an affirmative vote of not less than a majority of the governing body.
(b) The placing of any street or street lines upon the
official map does not of itself constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.
(c) The governing body shall direct that the adopted
ordinance creating the official map be recorded in the office of the county clerk.
15-1-509. Major street plan; preserving integrity of map;
building permits; necessary findings; specifications.
(a) To preserve the integrity of the official map, the
governing body may provide by ordinance, subject to appropriate eminent domain proceeding, that no permit may be issued for any building or structure which encroaches upon land located within the lines of any street as shown on the official map. The ordinance shall provide that the board of adjustment, which the governing body may create by ordinance, has the power, upon an appeal filed with it by the owner of any such land, to authorize a permit for a building or structure within any mapped-street location when it finds that:
(i) The property of the appellant a portion of which
lies within the street lines will not yield a reasonable return to the owner unless the permit is granted; or
(ii) Balancing the interest of the municipality in
preserving the integrity of the official map and the interest of the owner in the use and benefits of the property, the grant of the permit is required by justice and equity.
(b) Before taking any action, the board shall hold a
public hearing thereon. If the board decides to authorize a building permit, it may specify the exact location, ground area, height and other details and conditions of extent and character and also the duration of the building or structure to be permitted.
15-1-510. Major street plan; subdivision plats; approval
required; preparation and adoption of governing regulations.
(a) If any commission adopts a major street plan and
certifies it to the governing body, no plat of a subdivision of land lying within the municipality may be filed or recorded in the office of the county clerk until it has been submitted to and approved by the governing body and its approval entered in writing on the plat by the clerk of the governing body. No county clerk may file or record a plat of a subdivision without approval by the governing body and any unapproved filing or recording is void.
(b) The commission shall prepare regulations governing the
subdivision of land within the municipality. The governing body may adopt the regulations for the municipality after a public hearing thereon.
15-1-511. Major street plan; subdivision plats; when
penalty for not preparing; exception; enforcement.
Subject to appropriate eminent domain proceedings, if anyone transfers or sells any land located within any area for which a major street plan has been adopted by the commission and the governing body, except for land located in a recorded subdivision, without first preparing a subdivision plat and having it approved by the commission and governing body and recorded in the office of the county clerk, he shall pay a penalty of one hundred dollars ($100.00) for each lot transferred or sold. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring does not exempt the transaction from such penalties. The municipality may enjoin the transfer or sale or may recover the penalty by civil action.
15-1-512. Violations of provisions deemed misdemeanor;
remedies.
Violation of any of the provisions of this article is a misdemeanor. The municipality, or any owner of real estate within the district in which the offending building, structure or land is located, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove any unlawful erection, construction, alteration, maintenance or use.
ARTICLE 6 - ZONING
15-1-601. Regulations; scope and purpose; uniformity
within authorized districts; to follow plan; objectives.
(a) The governing body of any city or town, by ordinance,
may:
(i) Regulate and restrict the:
(A) Height, number of stories and size of
buildings and other structures;
(B) Percentage of lot that may be occupied;
(C) Size of yards, courts and other open spaces;
(D) Density of population; and
(E) Location and use of buildings, structures
and land for trade, industry, residence or other purposes.
(ii) Establish setback building lines.
(b) The governing body may divide the city or town into
districts of such number, shape and area as it deems necessary, and within those districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.
(c) Regulations may differ from one (1) district to
another but shall be uniform for each class or kind of buildings within a district.
(d) All regulations shall be made:
(i) In accordance with a comprehensive plan and
designed to:
(A) Lessen congestion in the streets;
(B) Secure safety from fire, panic and other
dangers;
(C) Promote health and general welfare;
(D) Provide adequate light and air;
(E) Prevent the overcrowding of land;
(F) Avoid undue concentration of population; and
(G) Facilitate adequate provisions for
transportation, water, sewerage, schools, parks and other public requirements.
(ii) With reasonable consideration, among other
things, of the character of the district and its peculiar suitability for particular uses;
(iii) With a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout the city or town; and
(iv) With consideration given to the historic
integrity of certain neighborhoods or districts and a view to preserving, rehabilitating and maintaining historic properties and encouraging compatible uses within the neighborhoods or districts, but no regulation made to carry out the purposes of this paragraph is valid to the extent it constitutes an unconstitutional taking without compensation.
15-1-602. Regulations; powers of governing body; public
hearing; notice. (a) The governing body shall specify how regulations, restrictions and the district boundaries are to be determined, established, enforced, amended, supplemented or otherwise changed. No governing body shall require that a land use or physical development be consistent with a local land use plan unless the applicable provisions of the local land use plan have been incorporated into the local zoning regulations.
(b) No regulation, restriction or boundary is effective
until after a public hearing. At least fifteen (15) days notice of the time and place of the hearing shall be published in a newspaper of general circulation in the city or town.
15-1-603. Regulations; protest makes change ineffective;
exception; hearing and notice.
(a) If there is a protest against a change in the
regulations, restrictions or district boundaries signed by the owners of twenty percent (20%) or more of the area of the lots included in the proposed change, or of those immediately adjacent within a distance of one hundred forty (140) feet, the change is not effective except upon the affirmative vote of three-fourths (3/4) of all the members of the governing body. In determining the one hundred forty (140) feet, the width of any intervening street or alley shall not be included.
(b) The provisions for public hearings and notice
specified in W.S. 15-1-602 apply to all changes.
15-1-604. Zoning commission; appointment; duties; effect
on governing body.
The mayor, with the consent of the governing body, shall appoint a zoning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. The commission shall make a preliminary report and hold public hearings before submitting its final report. The governing body shall not hold its public hearings or take action until it has received the commission's final report. If a city planning commission already exists, it may be appointed as the zoning commission.
15-1-605. Board of adjustment; appointment; composition;
terms; removal; vacancies. (a) The mayor, with the consent of the governing body, may appoint a board of adjustment consisting of not less than five (5) nor more than seven (7) members. Each member shall be appointed for a term of three (3) years, except that the initial appointments shall be:
(i) Two (2) for one (1) year;
(ii) Two (2) for two (2) years; and
(iii) The remaining member or members for three (3)
years.
(b) The governing body may remove any board member for
cause upon written charges after public hearing. Vacancies shall be filled for the unexpired portion of a term.
(c) The mayor, with the consent of the governing body, may
appoint the city or town planning commission as the board of adjustment.
15-1-606. Board of adjustment; meetings; procedure;
records.
Board meetings shall be held at the call of the chairman and at such other times as the board determines. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All board meetings are open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question or if the member was absent or failed to vote. The board shall also keep records of its examinations and other official actions. All minutes are public records and shall be filed in the board's office.
15-1-607. Board of adjustment; appeals to board; grounds;
how conducted; stay of proceedings.
(a) Any aggrieved person or any officer, department, board
or bureau of the city or town affected by any decision of the administrative officer may appeal to the board. Appeals shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds therefor. The officer from whom the appeal is taken shall immediately transmit to the board the complete record of the action from which the appeal is taken. (b) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board that by reason of facts stated in the certificate a stay, in his opinion, would cause imminent peril to life or property. In such cases proceedings shall not be stayed other than by a restraining order granted by the district court for the district, or a judge thereof, on notice to the officer from whom the appeal is taken, and on due cause shown.
15-1-608. Board of adjustment; powers and duties; vote
required.
(a) The board shall:
(i) Hear and decide:
(A) Appeals from and review any order,
requirement, decision or determination made by an administrative official charged with the enforcement of any ordinance adopted pursuant to this article;
(B) All matters referred to it or upon which it
is required to pass under any such ordinance.
(ii) Fix a reasonable time for hearing an appeal,
give public notice, adequate notice to the parties in interest and decide the appeal within a reasonable time. Any party may appear in person at a hearing or by agent or attorney;
(iii) Adopt rules in accordance with the provisions
of any ordinance adopted pursuant to this article.
(b) The board has the power to:
(i) Hear and decide special exemptions to the terms
of the ordinance upon which the board is required to pass under the ordinance;
(A) Repealed by Laws 1984, ch. 15, § 2.
(ii) Vary or adjust the strict application of any of
the requirements of any ordinance adopted pursuant to this article in the case of any physical condition applying to a lot or building if the strict application would deprive the owner of the reasonable use of the land or building involved. No adjustment in the strict application of any provision of an ordinance may be granted unless:
(A) There are special circumstances or
conditions, fully described in the board's findings, which are peculiar to the land or building for which the adjustment is sought and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of the ordinance;
(B) For reasons fully set forth in the board's
findings, the circumstances or conditions are such that the strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of the land or building, the granting of the adjustment is necessary for the reasonable use thereof and the adjustment as granted is the minimum adjustment that will accomplish this purpose; and
(C) The granting of the adjustment is in harmony
with the general purposes and intent of the ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(iii) Grant exceptions and variances upon request
after a showing that an illegal construction or a nonconforming building or use existed for a period of at least five (5) years in violation of local ordinance and the city or town has not taken steps toward enforcement;
(iv) Reverse or affirm wholly or partly the order,
requirement, decision or determination as necessary, but no power exercised under this paragraph shall exceed the power or authority vested in the administrative officer from whom the appeal is taken.
(c) The concurring vote of a majority of the board is
necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the application on any matter upon which it is required to pass under any ordinance or to effect any variation in the ordinance.
15-1-609. Board of adjustment; review of decisions.
The decision of the board may be reviewed by the district court pursuant to Rule 12 of
Wyo. Stat. § 16-3-114
16-3-114 of the Administrative Procedure Act. The law enforcement agency's authority to take remediation action shall be stayed while the appeal is pending.
(f) There is created the clandestine laboratory
remediation account to be administered by the attorney general. A local law enforcement agency acting as an emergency responder may apply for reimbursement from the account for expenses incurred in responding to a clandestine laboratory operation incident as provided in W.S. 35-9-158(a)(vi).
Division 6. Survivors' Benefits
35-9-161. Repealed By Laws 2007, Ch. 91, § 3.
35-9-162. Fire training facility; oversight.
The state fire marshal is authorized to purchase on behalf of the state the state fire training academy facility in Riverton. The state fire marshal shall be responsible for all transaction costs involved in the purchase. The state fire marshal is authorized to operate the facility thereafter.
35-9-163. Enforcement of building codes; application of
building codes to specific uses. (a) Except as provided in this article for any county or municipality requesting and granted local enforcement authority pursuant to W.S. 35-9-121, no state or local official authorized to enforce the provisions of this article shall interpret or enforce any building codes or standards adopted by the state or local governmental entity in a way that is more stringent or burdensome than required by the standards or codes.
(b) Notwithstanding any other provision of law, short term
rental of detached one (1) and two (2) family dwellings and townhomes shall not be regulated as a commercial use for purposes of fire, building and electrical standards and shall not be subject to regulation under the International Building Code.
ARTICLE 2 - FIRE PROTECTION DISTRICTS
35-9-201. Applicability; powers of districts generally.
This act shall apply to a fire protection district created under the provisions of this act or under the provisions of article 1, chapter 45, Wyoming Compiled Statutes, 1945, as amended. Such fire protection district is hereby authorized to provide protection from fire and other public safety emergencies for all persons and property within its boundaries, and to contract, including mutual aid agreements, to give or receive such protection to or from one (1) or more other municipal corporations, other fire protection districts, private organizations or individuals. No fire protection district is liable for damages to persons or property resulting from the operation or presence of fire fighting equipment outside the district boundaries pursuant to an agreement or contract under this section. Entry into an agreement or contract pursuant to this section does not create a new or reorganized taxing entity as provided in W.S. 39-13-104(m).
35-9-202. Election of board of directors.
(a) The election of the initial board of directors shall
be held by the board of county commissioners at the same time as the election for formation of the district, or at the next general election in the case of a district created pursuant to W.S. 35-9-213. There shall be elected a board of directors consisting of either three (3) or five (5) members, the number of which is to be designated by the county commissioners pursuant to subsection (e) of this section, who are residents living within the district who shall serve without compensation. Within ten (10) days after each election the board shall meet and select a president and a secretary-treasurer. The first elected board shall serve until the next director election as provided in W.S. 22-29-112. At the first director election of a three (3) member board, one (1) member of the board shall be elected for two (2) years, and two (2) members for four (4) years, for staggered terms. Thereafter, directors shall be elected for four (4) year terms. At the first director election of a five (5) member board, two (2) members of the board shall be elected for two (2) years and three (3) members for four (4) years. Biennial elections shall be held in accordance with the Special District Election Act of 1994.
(b) The board is authorized to:
(i) Increase the number of directors to five (5) when
the assessed valuation of the property of the district exceeds three million dollars ($3,000,000.00);
(ii) Divide the district into director districts and
provide for the election of a director from each director district to be chosen by all voters of the fire protection district. The board may provide for district directors to be apportioned in any combination of single member, multi-member or at-large representation; and
(iii) Fix the initial term of the additional
directors so that the term of not more than three (3) directors shall expire in any one (1) year.
(c) Director districts and biennial elections shall be
approved by the board of county commissioners of the county in which the district is located.
(d) Directors are subject to the conflict of interest
disclosure requirements of W.S. 6-5-106 and 16-6-118.
(e) The board of county commissioners may provide for the
election of an initial board of directors with five (5) members if the assessed valuation of property of the district exceeds three million dollars ($3,000,000.00) at the time the district is formed.
35-9-203. Powers and duties of board of directors
generally; administration of finances; assessment and levy of taxes. (a) The board of directors of any fire protection district is hereby authorized to enact such ordinances as may be necessary to establish and operate a fire protection district and shall file them with the county clerk for each county in which the district is located. The board of directors of fire protection districts shall administer the finances of such districts according to the provisions of the Wyoming Uniform Municipal Fiscal Procedure Act, except that an annual audit in accordance with W.S. 16-4-121 is not required. Each fire protection district shall comply with the provisions of W.S. 9- 1-507(a)(iii). The assessor shall, at the time of making the annual assessment of his county, also assess the property of each fire protection district in his county and return to the county assessor at the time of returning the assessment schedules, separate schedules listing the property of each fire protection district assessed by him. The separate schedules shall be compiled by the county assessor, footed, and returned to the board of county commissioners as provided for other assessment schedules.
(b) The board of county commissioners, at the time of
making the levy for county purposes shall levy a tax for the year upon the taxable property in such district in its county for its proportionate share based on assessed valuation of the estimated amounts of funds needed by each district. In no case shall the tax for each district exceed in any one (1) year the amount of three (3) mills for operation on each dollar of assessed valuation of such property. There shall be no limit on the assessment for payment of principal and interest on bonds approved by the board of and the electors of the districts as provided in W.S. 35-9-204. The taxes and assessments of all fire protection districts shall be collected by the county collector at the same time and in the same manner as state and county taxes are collected. The assessment and tax levied under the provisions of W.S. 35-9-201 through 35-9-209 shall not be construed as being a part of the general county mill levy.
(c) A fire protection district formed pursuant to this act
may, as a condition for a position with the district, require applicants to submit to fingerprinting in order to obtain state and national criminal history record information.
35-9-204. Issuance of bonds; authority of board to submit
questions to electors; restriction upon amount; interest; purpose. The board of directors of a fire protection district is authorized, whenever a majority thereof so decide, to submit to the electors of the district the question whether the board shall be authorized to issue the coupon bonds of the district in a certain amount, not to exceed four percent (4%) of the assessed valuation of taxable property in the district, and bearing a certain rate of interest, payable and redeemable at a certain time, not exceeding twenty-five (25) years for the purchase of real property, for the construction or purchase of improvements, and for equipment for fire protection district purposes.
35-9-205. Issuance of bonds; conduct of election; canvass
of returns.
The election authorized under W.S. 35-9-204 shall be called, conducted and the results thereof canvassed and certified in all respects as near as practicable in the same manner as provided for bond elections by the Political Subdivision Bond Election Law, W.S. 22-21-101 through 22-21-112.
35-9-206. Issuance of bonds; notice; bids.
If the proposal to issue said bonds shall be approved, the board of directors must issue such bonds in such form as the board may direct and shall give notice by publication in some newspaper published in the counties in which said district is located and in some newspaper of general circulation in the capital of the state of its intention to issue and negotiate such bonds, and to invite bidders therefor; provided that in no case shall such bonds be sold for less than their full or par value and the accrued interest thereon at the time of their delivery. And the said trustees are authorized to reject any bids, and to sell said bonds at private sale, if they deem it for the best interests of the district.
35-9-207. Issuance of bonds; form of bonds; execution;
registration.
After ascertaining the best terms upon and the lowest interest at which said bonds can be negotiated, the board shall secure the proper engraving and printing and consecutive numbering thereof, and said bonds shall thereupon be otherwise properly prepared and executed; they must bear the signature of the president of the board of directors and be countersigned by the secretary of the board and bear the district seal and be countersigned by the treasurer of the board, and the coupons attached to the bonds must be signed by the president, secretary and treasurer; and the secretary of the board shall endorse a certificate upon every such bond, that the same is within the lawful debt limit of such district and is issued according to law and he shall sign such certificate in his official character. When so executed they shall be registered by the county treasurer where said district's funds are kept in a book provided for that purpose, which shall show the number, date, amount of bond, time and place of payment, rate of interest, number of coupons attached and any other proper description thereof for future identification.
35-9-208. Issuance of bonds; payment of principal and
interest.
The county treasurer where said district's funds are kept may pay out of any monies belonging to said district tax fund, and from the tax fund of a detracted district as provided in W.S.
Wyo. Stat. § 16-6-102
16-6-102.
16-6-105. Preference for Wyoming materials and Wyoming
agricultural products required in public purchases; exception; cost differential; definition.
(a) A five percent (5%) materials preference for Wyoming
materials shall be applied in public purchases, subject to the following:
(i) The preference requirement shall apply to all
public entities;
(A) Repealed by Laws 2020, ch. 31, § 2.
(B) Repealed by Laws 2020, ch. 31, § 2.
(C) Repealed by Laws 2020, ch. 31, § 2.
(ii) 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; (iii) 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;
(iv) Preference shall not be granted for materials of
inferior quality to those offered by competitors outside of the state.
(b) 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.
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".
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.
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. 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.
16-6-110. Limitation on work hours; overtime; exceptions.
(a) 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:
(i) In case of emergency caused by fire, flood or
danger to life or property; or
(ii) To work upon public or military works or
defenses in time of war.
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).
16-6-112. Contractor's performance and payment bond or
other guarantee; when required; conditions; amount; approval; filing; enforcement upon default.
(a) 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:
(i) 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;
(ii) 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;
(iii) 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;
(iv) Approved by and filed with the appropriate
officer, agent, governing body or other designee of the public entity.
(b) 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.
(c) 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.
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.
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.
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).
16-6-116. Payment to contractor; substantial completion;
final completion; required notices.
(a) 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:
(i) 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; (ii) 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;
(iii) 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;
(iv) 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.
(b) 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.
(c) The public entity shall provide written notice of the
requirements of this section in the project specifications.
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.
16-6-118. Unlawful interest of officeholders in public
contracts or works; exception.
(a) 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.
(b) 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.
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.
16-6-120. Rulemaking; penalties; enforcement.
(a) The department of workforce services shall promulgate
rules and regulations as the department determines necessary or convenient to enforce this act.
(b) 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:
(i) Fined seven hundred fifty dollars ($750.00) for
each violation for each day during which the violation continues;
(ii) 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.
(c) 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).
(d) The department of workforce services is authorized and
directed to enforce W.S. 16-6-101 through 16-6-206.
(e) 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.
16-6-121. Notice required to receive protection under a
bond or guarantee; limitation; notice required by owner in project specifications.
(a) 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.
(b) The notice shall be given no later than sixty (60)
days after the date on which services or materials are first furnished.
(c) 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.
(d) 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:
(i) The subcontractor or materialman's name, address
and phone number and the name of a contact person;
(ii) The name and address of the subcontractor's or
materialman's vendor; and
(iii) The type or description of the materials or
services provided.
(e) This section shall only apply where the general
contractor's contract is for an amount exceeding one hundred fifty thousand dollars ($150,000.00).
(f) 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.
(g) The owner or his agent shall provide written notice of
the information required by this section in the project specifications.
16-6-122. Public works contracts and grants; prohibited
terms; exemptions; definitions.
(a) Subject to W.S. 16-6-108, a governmental entity that
awards or renews a contract on or after July 1, 2023, for a construction related project regarding a facility the governmental entity owns or leases directly or through a building authority, shall not include any of the following terms in any contract related document a term that:
(i) Requires, prefers or prohibits a bidder, offeror,
contractor or subcontractor from entering into or adhering to an agreement with any person including a labor organization in regard to the construction related project;
(ii) Subject to the provisions of the Wyoming
Preference Act of 1971, W.S. 16-6-201 through 16-6-206, otherwise discriminates against a bidder, offeror, contractor or subcontractor for being, becoming or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with any person including a labor organization in regard to the construction related project.
(b) A governmental entity shall not award or renew a grant
for a construction related project that is conditioned on the recipient including a term prohibited by subsection (a) of this section in a contract related document concerning a facility or real property that is the subject of the grant.
(c) The head of a governmental entity may exempt a
contract related document or grant from the requirements of subsection (a) or (b) of this section, as applicable, if the governmental entity finds that the exemption is necessary to avert an imminent threat to public health or safety.
(d) As used in this section:
(i) "Construction related project" includes the construction, improvement, maintenance, expansion, repair, renovation, remodeling or demolition of a facility;
(ii) "Contract related document" includes a bid
specification, project agreement or other controlling document for a construction related project;
(iii) "Facility" means:
(A) A highway, road, bridge, runway or rail;
(B) A building or structure along with its
grounds, approaches, services, fixtures and appurtenances;
(C) Any other similar physical improvement to
real property.
(iv) "Governmental entity" means the University of
Wyoming, the state, any department thereof, and any county, city, town, school district, community college district, other political subdivision and other public corporation of the state.
ARTICLE 2 - PREFERENCE FOR STATE LABORERS
16-6-201. Short title.
This act may be cited as the "Wyoming Preference Act of 1971".
16-6-202. Definitions.
(a) As used in this act:
(i) "Laborer" means a person employed to perform
unskilled or skilled manual labor for wages in any capacity and does not include independent contractors;
(ii) "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; (iii) "Wages" means a payment of money for labor or services according to a contract or any hourly, daily or piece-work basis;
(iv) "Public work" means as described in W.S. 16-6-
101(a)(ix);
(v) "Public entity" means as defined in W.S. 16-6-
101(a)(viii);
(vi) "This act" means W.S. 16-6-201 through 16-6-206.
16-6-203. Required resident labor on public works;
exception.
(a) 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:
(i) 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;
(ii) 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
(iii) 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.
(b) Upon request by a state workforce center, the general
contractor shall provide the most recent construction schedule for a public work.
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.
16-6-205. Enforcement.
(a) 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.
(b) 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. (c) This act shall not be enforced in a manner which conflicts with any federal statutes or rules and regulations.
16-6-206. Failure to employ state laborers; penalty.
(a) 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.
(b) 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.
(c) 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:
(i) A statement of the grounds for imposing the civil
penalty, including a citation to the statute involved;
(ii) A statement of the facts in support of the
allegations;
(iii) 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.
(d) 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.
(e) 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.
ARTICLE 3 - PUBLIC PRINTING CONTRACTS
16-6-301. Preference for resident bidders; exception;
"resident" defined; violation.
(a) 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.
(b) 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.
(c) 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.
ARTICLE 4 - PUBLIC FACILITY LIFE-CYCLE COST ANALYSES
16-6-401. Definitions.
(a) As used in this article:
(i) "Economic life" means the projected or anticipated useful life of a major facility as expressed by a term of years;
(ii) "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;
(iii) "Energy systems" means all utilities, including
heating, air-conditioning, ventilating, lighting and the supplying of domestic hot water;
(iv) "Initial cost" means the monies required for the
capital construction or renovation of a major facility;
(v) "Life-cycle cost analysis" means a study to
compute life-cycle costs, as required in this act;
(vi) "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;
(vii) "Major facility" means any publicly owned
building having eighteen thousand (18,000) square feet or more of gross floor area;
(viii) "Public agency" means every state office,
officer, board, commission, committee, bureau, department and all political subdivisions of the state; and
(ix) "Renovation" means as defined by W.S. 9-2-
3001(b)(xi).
16-6-402. Computation of life-cycle costs.
(a) Life-cycle costs shall be the sum of:
(i) Initial cost;
(ii) The reasonably expected fuel costs over the life
of the building based on the energy consumption analysis; and (iii) The reasonable costs of maintenance and operation as they pertain to energy systems.
(b) Life-cycle costs shall be computed for two (2) or more
alternatives for construction of the facility.
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.
ARTICLE 5 - ACCESSIBILITY OF HANDICAPPED TO PUBLIC BUILDINGS
16-6-501. Building plans and specifications; required
facilities; elevators; curb ramps; inspections; exceptions.
(a) 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.
(i) Repealed by Laws 2015, ch. 158, § 2.
(ii) Repealed by Laws 2015, ch. 158, § 2.
(iii) Repealed by Laws 2015, ch. 158, § 2.
(iv) Repealed by Laws 2015, ch. 158, § 2.
(v) Repealed by Laws 2015, ch. 158, § 2.
(b) 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.
(c) 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.
(d) 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.
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.
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.
16-6-504. Building plans and specifications; hearing on
objection; final administrative determination; judicial review.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
ARTICLE 6 - PAYMENT OF AGENCY ACCOUNTS
16-6-601. Definitions.
(a) As used in this article:
(i) "Agency" means any department, agency or other
instrumentality of the state or of a political subdivision of the state; (ii) "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;
(iii) "Services" means all services purchased,
procured or contracted for by an agency, including construction services.
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.
ARTICLE 7 - CONSTRUCTION CONTRACTS WITH PUBLIC ENTITIES
16-6-701. Definitions.
(a) As used in this act:
(i) "Acceptable depository" means a state or national
bank or a savings and loan association or credit union in which deposits are insured;
(ii) "Contractor" means any person who is a party to
a contract with a public entity for a public work;
(iii) "Public entity" means as defined in W.S. 16-6-
101(a)(viii);
(iv) Repealed by Laws 2020, ch. 31, § 2.
(v) "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;
(vi) "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;
(vii) "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;
(viii) "This act" means W.S. 16-6-701 through
Wyo. Stat. § 26-1-107
26-1-107.
CHAPTER 15 - MULTISTATE HIGHWAY TRANSPORTATION
31-15-101. Renumbered by Laws 1993, ch. 68, § 3.
31-15-102. Renumbered by Laws 1993, ch. 68, § 3.
CHAPTER 16 - MOTOR VEHICLE FRANCHISES
31-16-101. Definitions.
(a) As used in this act:
(i) "Coerce" means compelling another to do what he
is not otherwise required to do or not to do what he otherwise has a right to do;
(ii) "Department" means the department of
transportation;
(iii) "Designated family member" means:
(A) The spouse, child, grandchild, parent,
brother or sister of the owner of a new motor vehicle dealership who, in the case of the owner's death, is entitled to inherit the ownership interest in the new motor vehicle dealership under the terms of the owner's will or applicable intestate laws;
(B) A person who has been nominated by the owner
of a new motor vehicle dealership as the successor to the dealership in any written instrument filed with the manufacturer; or
(C) In the case of an incapacitated owner of a
new motor vehicle dealership, the person who has been appointed by a court as the legal representative of the incapacitated owner's property.
(iv) "Director" means the director of the department;
(v) "Distributor" means a person who has a franchise
from a manufacturer of vehicles to distribute vehicles in this state, and who in whole or in part sells or distributes new vehicles to vehicle dealers or who maintains distributor representatives;
(vi) "Distributor branch" means a branch office
maintained by a distributor for the same purposes for which a factory branch is maintained;
(vii) "Distributor representative" means a person
engaged as a representative of a distributor or distributor branch for the purpose of making or promoting the sale of its vehicles or for supervising or contacting its dealers or prospective dealers;
(viii) "Factory branch" means a branch office
maintained by a manufacturer for the sale of vehicles to distributors, for the sale of vehicles to vehicle dealers or for directing or supervising, in whole or in part, its representatives;
(ix) "Factory representative" means a person engaged
as a representative of a manufacturer or by a factory branch for the purpose of making or promoting a sale of its vehicles, or for supervising or contacting its dealers or prospective dealers;
(x) "Franchise or dealer's selling agreement",
hereinafter referred to as the "sales and services agreement", means a contract or agreement between a vehicle dealer and a manufacturer or its distributor or factory branch by which the dealer is authorized to engage in the business of selling any specified make of new vehicles;
(xi) "Motor vehicle" means a self-propelled vehicle,
excluding a motor home and which:
(A) Is intended for registration and use on the
public highways; and
(B) Has at least three (3) wheels.
(xii) "New vehicle" means a motor vehicle which is in
the possession of a manufacturer or has been sold by a manufacturer for distribution in the United States to the holders of a valid sales and service agreement, franchise or contract granted by the manufacturer for sale of the new motor vehicle and which is in fact new and on which the original motor vehicle title has not been issued from the franchised dealer;
(xiii) "Manufacturer" means a person engaged in the
business of constructing or assembling vehicles which are subject to registration in this state and, except where otherwise provided, "manufacturer" means a distributor, a factory branch, distributor branch or other representative thereof, but excludes any person whose principal business is wholesale and retail financing. The term includes direct sale manufacturers; (xiv) "Principal place of business" means:
(A) For dealers selling fewer than twelve (12)
vehicles in any twelve (12) consecutive month period, a permanent commercial building located within the state of Wyoming at which the business of a new motor vehicle dealer may be lawfully carried on in accordance with the terms of all applicable building codes, zoning and other land-use regulatory ordinances, and in which building the public may contact the vehicle dealer or his vehicle salesman at all reasonable times, and at which place of business shall be kept and maintained the books, records and files necessary to conduct the business. The business shall be sufficiently identified with an exterior sign permanently affixed to the building or land with letters clearly visible from the highway facing the site and designated to indicate the nature of the business and the telephone number of the business. A dedicated telephone number shall be required for the principal place of business;
(B) For dealers selling twelve (12) or more
vehicles in any twelve (12) consecutive month period, a site upon which a permanent building is located containing adequate facilities to carry on the business of a licensed dealer and used to conduct business as a dealer and not primarily used as, or attached directly to, a residence, with space thereon or contiguous thereto adequate to permit the display of at least five (5) vehicles and sufficiently identified with an exterior sign permanently affixed to the building or land with letters clearly visible from the highway facing the site and designated to indicate the nature of the business. The facilities, sign and space for display shall be in compliance with all applicable zoning ordinances prescribed by the municipality or county in which they are located and in which building the public may contact the vehicle dealer or the dealer's salespersons during the declared business hours, and at which place of business shall be kept and maintained the books, records and files as required by W.S. 31-11-107(a) and (b) necessary to conduct the business. A dedicated telephone number shall be required for the principal place of business with a published phone number listed in the principal place of business;
(xv) "Relevant market area" means that marketing area
as defined by the sales and service agreement granted by the manufacturer, distributor or wholesaler and held by a new vehicle dealer; (xvi) "Used vehicle" means any vehicle other than a new vehicle;
(xvii) Repealed By Laws 2001, Ch. 24, § 2.
(xviii) "Vehicle dealer" or "dealer" means any person
engaged in the business of selling or exchanging vehicles or who buys and sells, or exchanges retail three (3) or more vehicles or six (6) or more new vehicles with a gross vehicle weight rating over twenty-six thousand (26,000) pounds in any twelve (12) consecutive month period, but does not include any insurance company, finance company, public utility company or person coming into possession of any vehicle as an incident to its regular business who sells that vehicle, or who sells that vehicle under any contractual rights it may have with respect thereto. Vehicle dealers are classified as follows:
(A) A "new vehicle dealer" means a vehicle
dealer that deals solely in new vehicles or in new and used vehicles. It also includes a person who in the ordinary course of business is engaged in the business of selling new motor vehicles to consumers or other end users and who holds a valid sales and service agreement, franchise or contract, granted by a manufacturer, distributor or wholesaler for the sale of its motor vehicles;
(B) A "used vehicle dealer" means a vehicle
dealer that deals solely in used vehicles;
(C) Repealed by Laws 1997, ch. 154, § 3.
(xix) "Wholesaler" means a person who sells used
vehicles to Wyoming vehicle dealers;
(xx) "This act" means W.S. 31-16-101 through
Wyo. Stat. § 28-9-105
28-9-105 or 28-9-106.
(c) 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.
(d) 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.
16-3-105. Compilation and indexing of administrative code;
charges for copies; authentication by registrar.
(a) The registrar of state agency rules shall compile,
index and publish a Wyoming administrative code. The code shall:
(i) Contain each rule adopted by a state agency, but
shall not contain emergency rules;
(ii) 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;
(iii) Be available to the public at no charge through
the Internet;
(iv) Be updated on the Internet as soon as
practicable after the effective date of newly filed or amended rules. (b) 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.
(c) 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.
(d) 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).
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.
16-3-107. Contested cases; general procedure.
(a) 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.
(b) The notice shall include a statement of:
(i) The time, place and nature of the hearing;
(ii) The legal authority and jurisdiction under which the hearing is to be held;
(iii) The particular sections of the statutes and
rules involved;
(iv) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(j) 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.
(k) 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.
(m) 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.
(n) Unless precluded by law, informal disposition may be
made of any contested case by stipulation, agreed settlement, consent order or default.
(o) The record in a contested case must include:
(i) All formal or informal notices, pleadings,
motions and intermediate rulings;
(ii) Evidence received or considered including
matters officially noticed;
(iii) Questions and offers of proof, objections and
rulings thereon; (iv) Any proposed findings and exceptions thereto;
(v) Any opinion, findings, decision or order of the
agency and any report by the officer presiding at the hearing.
(p) 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.
(q) Oral proceedings or any part thereof shall be
transcribed on request of any party upon payment of the cost thereof.
(r) Findings of fact shall be based exclusively on the
evidence and matters officially noticed.
16-3-108. Contested cases; admissible evidence;
cross-examination; judicial notice.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
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.
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.
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.
16-3-112. Contested cases; presiding officers;
qualifications; powers; outside personnel; hearing officers.
(a) 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.
(b) Officers presiding at hearings shall have authority,
subject to the published rules of the agency and within its power to:
(i) Administer oaths and affirmations;
(ii) Issue subpoenas;
(iii) Rule upon offers of proof and receive relevant
evidence;
(iv) Take or cause depositions to be taken in
accordance with the provisions of this act and the rules of the agency;
(v) Regulate the course of the hearing;
(vi) Hold conferences for the settlement or
simplification of the issues;
(vii) Dispose of procedural requests or similar
matters; (viii) Make recommended decisions when directed to do so by the agency; and
(ix) Take any other action authorized by agency rules
consistent with this act.
(c) 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.
(d) 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.
(e) 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.
16-3-113. License hearings.
(a) 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.
(b) 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. (c) 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) 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.
16-3-114. Judicial review of agency actions; district
courts.
(a) 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.
(b) 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.
(c) 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:
(i) Compel agency action unlawfully withheld or
unreasonably delayed; and
(ii) Hold unlawful and set aside agency action,
findings and conclusions found to be:
(A) Arbitrary, capricious, an abuse of
discretion or otherwise not in accordance with law;
(B) Contrary to constitutional right, power,
privilege or immunity;
(C) In excess of statutory jurisdiction,
authority or limitations or lacking statutory right;
(D) Without observance of procedure required by
law; or
(E) Unsupported by substantial evidence in a
case reviewed on the record of an agency hearing provided by statute.
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.
CHAPTER 4 - UNIFORM MUNICIPAL FISCAL PROCEDURES; PUBLIC
RECORDS, DOCUMENTS AND MEETINGS
ARTICLE 1 - UNIFORM MUNICIPAL FISCAL PROCEDURES
16-4-101. Short title.
This act shall be known and may be cited as the "Uniform Municipal Fiscal Procedures Act".
16-4-102. Definitions.
(a) As used in this act:
(i) "AICPA" means the American Institute of Certified
Public Accountants;
(ii) "Appropriation" means an allocation of money to
be expended for a specific purpose;
(iii) "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;
(iv) "Budget officer" means any official appointed by
the governing body of a municipality and the county clerk in the case of counties;
(v) "Budget year" means the fiscal year or years for
which a budget is prepared;
(vi) "Current year" means the fiscal year in which a
budget is prepared and adopted for the ensuing budget year;
(vii) "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;
(viii) "Estimated revenue" means the amount of
revenues estimated to be received during the budget year in each fund;
(ix) "Financial and compliance audit" means the
determination in accordance with generally accepted auditing standards: (A) Whether financial operations are properly conducted;
(B) Whether the financial reports of an audited
entity are presented fairly; and
(C) Whether the entity has complied with
applicable laws and regulations.
(x) "Fiscal year" means the annual period for
recording fiscal operations beginning July 1 and ending June 30;
(xi) "Fund balance" means the excess of the assets
over liabilities, reserves and contributions, as reflected by a municipality's books of account;
(xii) "Fund deficit" means the excess of liabilities,
reserves and contributions over fund assets, as reflected by a municipality's books of account;
(xiii) "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;
(xiv) "Municipality" means:
(A) 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;
(B) Counties;
(C) School districts;
(D) Community colleges.
(xv) "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);
(xvi) "Requested budget" means a budget presented by
the budget officer to the governing body on or before May 15; (xvii) "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;
(xviii) "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;
(xix) "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;
(xx) "This act" means W.S. 16-4-101 through 16-4-125.
16-4-103. Budget requirements.
(a) 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.
(b) 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.
(c) Repealed By Laws 2000, Ch. 7, § 1.
16-4-104. Preparation of budgets; contents; review;
subsequent authorized projects.
(a) 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. (b) 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:
(i) Actual revenues and expenditures in the last
completed budget year;
(ii) Estimated total revenues and expenditures for
the current budget year;
(iii) The estimated available revenues and
expenditures for the ensuing budget year.
(c) 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.
(d) 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.
(e) 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.
Wyo. Stat. § 31-1-101
31-1-101(a)(xxviii).
31-19-102. Required application; rental agency
certificate.
Before commencing business and annually thereafter, any person who engages in the business of renting rental vehicles in Wyoming shall apply to the department for a certificate or a renewal of a certificate to operate as a rental vehicle agency. A certificate or renewal certificate is valid for one (1) year. Applications shall be accompanied by a fee of one hundred dollars ($100.00) and contain information with respect to the applicant's name and established place of business address. The applicant shall list the physical address of each location in Wyoming where vehicles will be rented or offered for rental without a driver. A rental vehicle agency certificate including certificate number will be printed for each location with the physical address of that location indicated and shall be conspicuously displayed within the place of business for that location. Failure of the certificate holder to comply with any applicable rules and regulations or any provisions of this chapter shall result in cancellation of the certificate and subject the certificate holder to other penalties as provided by law.
31-19-103. Established place of business.
(a) The department shall not issue a rental agency
certificate to any applicant without an established place of business. If a rental vehicle agency changes the location of its established place of business, the rental vehicle agency shall immediately notify the department. A new rental vehicle agency certificate shall be granted if the new location meets all the requirements of an established place of business. If a rental vehicle agency ceases to have an established place of business, the rental vehicle agency shall immediately surrender its rental vehicle agency certificate to the department until the rental vehicle agency obtains an established place of business. The rental vehicle agency certificate shall be reissued without charge if a place of business is established. Nothing in this act shall be construed to prevent a rental vehicle agency from conducting its business at one (1) or more licensed supplemental lots or locations not contiguous but operated and maintained in conjunction with the rental vehicle agency's place of business.
(b) The established place of business shall be a permanent
commercial building:
(i) Which is located within the state of Wyoming at
which place the business of a rental vehicle agency, its facilities, and a sign may be carried on or displayed in accordance with the terms of all applicable building codes, zoning, and other land-use regulatory ordinances prescribed by the municipality or county in which it is located;
(ii) Which is not primarily used or attached directly
to a residence and which is sufficiently identified with an exterior sign permanently affixed to the building or land with letters clearly visible from the highway facing the site to indicate the nature of the business;
(iii) Which maintains a permanent, published
telephone number;
(iv) At which building the public may contact the
rental vehicle agency or employees thereof at all reasonable times; and
(v) At which shall be kept and maintained, physically
or electronically, the books, records and files as required by W.S. 31-19-105(e) as necessary to conduct the business.
31-19-104. Registration of rental vehicles.
(a) All rental vehicles shall be registered pursuant to
chapter 2, article 2 of this title, subject to the exemption provisions set forth in W.S. 31-2-224(a)(x) and (xi).
(b) U-drive-it vehicles may be registered under the
international registration plan pursuant to W.S. 31-18-201 through 31-18-209. (c) A rental vehicle transaction occurs in the jurisdiction in which the rental vehicle first comes into the possession of the user. Thereafter, all rental vehicles rented by the owner and displaying valid registration in any jurisdiction may operate in Wyoming on an interstate and intrastate basis.
31-19-105. Surcharge fees; penalty and interest.
(a) Rental companies engaged in the business of renting
rental vehicles for periods of thirty-one (31) days or less shall collect, at the time the vehicle is rented in Wyoming, a four percent (4%) surcharge on each rental vehicle contract. For purposes of this chapter, a vehicle is rented in Wyoming if possession is obtained by the renter in Wyoming. The surcharge shall be computed on the total dollar amount stated in the rental contract, except that taxes imposed by chapters 15 and 16 of title 39 shall not be used in computing the surcharge. The surcharge paid under this section shall not be subject to the taxes imposed by chapters 15 and 16 of title 39.
(b) The surcharge shall be noted in the rental contract
and collected in accordance with the terms of the contract. Except as provided in subsection (c) of this section, the surcharge shall be retained by the rental vehicle agency as reimbursement for any registration fees paid under W.S.
Wyo. Stat. § 33-4-117
33-4-117. 33-4-113. Use of title "architect" or "landscape architect".
No person shall use the title "architect" or any title, sign, card or device to indicate that the person is practicing architecture or is an architect unless the person is licensed as an architect under the provisions of this act. No person shall use the title "landscape architect" or any title, sign, or card to indicate such person is practicing landscape architecture, unless the person is licensed as a landscape architect under the provisions of this act. Nothing in this act shall be construed to permit a person licensed as a landscape architect to use the title "architect" or to practice architecture.
33-4-114. Prohibited acts; penalty for violations.
(a) It is a misdemeanor for any person to:
(i) Sell, fraudulently obtain or furnish any license
or renewal license to practice architecture or landscape architecture; or
(ii) Without being licensed under this act:
(A) Advertise, represent or in any manner hold
himself out as an architect or landscape architect;
(B) Engage in the practice of architecture or
landscape architecture;
(C) Use in connection with his business or name,
or otherwise assume, use or advertise any title or description, or engage in any other conduct which reasonably might be expected to mislead another to believe the person is an architect or landscape architect; or
(D) Without being an officer of the corporation,
to engage in the practice of architecture or landscape architecture as a corporation.
(b) A person convicted under subsection (a) of this
section shall be punished by a fine of not more than seven hundred fifty dollars ($750.00) or by imprisonment for not more than six (6) months, or both.
(c) The board may, through the attorney general, seek to
enjoin any person from committing any act in violation of this section. The board shall not be required to prove irreparable injury to enjoin any violation of this section.
33-4-115. Grounds for refusal, suspension or revocation of
license; notice; hearing; counsel at hearing.
(a) The board may take disciplinary actions, singularly or
in combination, against a licensee upon a finding of:
(i) Fraud, deceit or material misstatement of fact in
applying for a license or in passage of the examination provided for in this act;
(ii) Untrustworthiness, incompetency or misconduct in
the practice of architecture as evidenced by conduct which endangers life, health, property or the public welfare;
(iii) Mental incompetency;
(iv) Fraud or deceit in the practice of architecture
or landscape architecture;
(v) Affixing, or permitting to be affixed, a seal
upon a document which the architect or landscape architect was not responsible for preparing;
(vi) Violating this act or a rule or regulation of
the board promulgated pursuant to this act;
(vii) Suspension or revocation of licensure by
another state; or
(viii) Conviction under W.S. 33-4-114, or conviction
in another state of any crime which would constitute a violation of W.S. 33-4-114 had the actions been taken in this state. A copy of the judgment of conviction certified by the rendering court shall be presumptive evidence of the conviction in any hearing under this section. For purposes of this paragraph "conviction" includes a plea of nolo contendere or its equivalent.
(b) Except as provided in subsection (c) of this section,
before refusing to issue a license, suspending or revoking a license for any reason set forth in this section the board shall notify the person as required in the Wyoming Administrative Procedure Act. If the applicant or licensee requests a hearing before the board, the board shall hold a hearing in accordance with the Wyoming Administrative Procedure Act.
(c) Upon receipt from the department of family services of
a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
33-4-116. Documents, plans and designs; seal required.
An architect or landscape architect shall affix his seal to all documents, plans or designs he provides.
33-4-117. Exemptions.
(a) Nothing in this act prohibits any person from
preparing plans and specifications, designing, planning or administering the construction contracts for the construction, alteration, remodeling or repair of any of the following:
(i) Private residences;
(ii) Garages, commercial or industrial buildings,
office buildings, preengineered metal buildings and buildings for the marketing, storage or processing of farm products and warehouses, which do not exceed two (2) stories in height, exclusive of a one (1) story basement, and which under applicable building code or codes, are not designed for occupancy by more than ten (10) persons;
(iii) Farm buildings;
(iv) Nonstructural alterations of any nature to any
building if the alterations do not affect the safety of the occupants of the building.
(b) Nothing in this act shall be construed:
(i) As curtailing or extending the rights of any
other legally recognized profession;
(ii) As prohibiting the practice of architecture by
any legally qualified architect of this state or another state who is employed by the United States government while in the discharge of his official duties;
(iii) To prevent the independent employment of a
registered professional engineer for any professional service related solely to civil, structural, mechanical or electrical engineering in connection with any building or building project.
(c) This act in no way supersedes, overrides or amends the
provisions of chapter 29 of this title regarding registration of professional engineers and professional land surveyors.
CHAPTER 5 - ATTORNEYS-AT-LAW
33-5-101. State board of law examiners; appointment.
The state board of law examiners shall be appointed by the supreme court and shall hold office pursuant to rules promulgated by the supreme court.
33-5-102. State board of law examiners; date, rules and
quorum for meetings; election of officers; supreme court to prescribe rules.
The state board of law examiners shall hold at least two (2) regular meetings each year for the examination of applicants, at times and places as prescribed by rules of the supreme court. Special meetings may be held as determined by the board from time to time. At all meetings, a majority of the board constitutes a quorum. The board shall select a chairman from its membership. The supreme court shall prescribe rules not inconsistent with this act to carry out the purposes of this act for admission to the bar of this state.
33-5-103. State board of law examiners; compensation.
The members of the state board of law examiners shall be compensated and reimbursed for expenses incurred in the performance of their duties as determined by the supreme court.
33-5-104. Applications for admission to bar; generally.
All applications for admission to the bar of this state shall be made by petition to the supreme court. The same shall be referred to the state board of law examiners, who shall examine the applicant vouching his qualification for admission to the bar. The said board shall report its proceedings in the examination of applicants to the supreme court with their recommendation in the premises. If the court shall then find the applicant to be qualified to discharge the duties of an attorney and to be of good moral character, and worthy to be admitted, an order shall be entered admitting him to practice in all the courts of this state.
33-5-105. Applications for admission to bar;
qualifications of applicants.
No one shall be admitted to the bar of this state who shall not be an adult of good moral character who has been awarded a juris doctor degree from a law school accredited by the American Bar Association.
33-5-106. Applications for admission to bar; fees;
disposition of fees.
Every applicant for admission to the bar of this state shall pay a fee as set by the supreme court. On payment of one (1) fee by applicants for admission by examination the applicant shall be entitled to two (2) examinations when the second is applied for not later than one (1) year after having taken the first. All money shall be received and collected as provided by law. The state treasurer shall place the money to the credit of a separate account. Interest earned by the account shall be retained in the account. All money within the account is continuously appropriated to the state board of law examiners and shall be applied to the direct and indirect costs of administering attorney admissions and other regulatory functions pursuant to rules promulgated by the supreme court. Except as otherwise required in this chapter, itemized vouchers shall be submitted to the board's executive director or chairman for approval. Upon approval, a warrant for the payment of each voucher shall be issued by the state auditor for payment from the account.
33-5-107. Applications for admission to bar; fraudulent
application cause for revocation.
Any fraudulent act or presentation by an applicant in connection with his application, or examination, shall be sufficient cause for the revocation of the order admitting him to practice.
33-5-108. Bar examinations; generally.
The examination of any applicant to the bar of this state shall be conducted pursuant to rules of the supreme court.
33-5-109. Bar examinations; no assistance or advice except
as permitted.
At any examination of applicants for admission to the bar, it shall be unlawful to permit the person being examined to receive, during the examination and after the questions have been submitted to the person, any assistance or advice from any other person or persons, book or memorandum except as provided by rules of the supreme court to accommodate persons with disabilities.
33-5-110. Admission of foreign attorneys on motion.
Any person who may have been admitted to practice as an attorney in the highest court of any other state or territory may be admitted to the bar of this state pursuant to the rules of the supreme court for admission on motion.
33-5-111. Attorneys admitted pro hac vice to try pending
case.
Members of the bar of any other state, district or territory of the United States, who may be employed as counsel in any case pending before any of the courts of this state, may be admitted pro hac vice for all the purposes of the case in which they are so employed, by the court before which said case is pending, pursuant to rules of the supreme court.
33-5-112. Oath of attorney.
No person shall be deemed admitted to the bar until he shall have taken and filed an oath as provided in this section. The oath shall be to the effect that he will support, obey, and defend the constitution of the United States, and the constitution and laws of this state, and that he will faithfully and honestly and to the best of his ability discharge the duties of an attorney and counselor-at-law. The oath may be administered by the clerk or one (1) of the justices of the supreme court, a district judge in his district or the clerk of court in his county. The oath may be administered in another state or territory of the United States by a judge or justice of a court of general jurisdiction or an appellate court. The oath shall be reduced to writing, signed by the person taking, and certified to by the officer administering the same and filed in the office of the clerk of the supreme court.
33-5-113. Disbarment or power of courts to punish not
affected.
(a) Nothing in this act contained shall be construed to
deprive the courts of this state, or any of them, of the power as at present existing, of disbarring or otherwise punishing members of the bar.
(b) Upon receipt from the department of family services of
a certified copy of an order from a court to withhold, suspend or otherwise restrict a license to practice law for failure to pay child support, the Wyoming state bar shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. The order shall be forwarded to the Wyoming supreme court for final action. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.
33-5-114. Penalty for deceit or collusion.
An attorney and counselor who is guilty of deceit or collusion, or consents thereto, with intent to deceive a court or judge, or a party to an action or proceeding, or brings suit or commences proceedings without authority therefor, shall forfeit to the injured party treble damages, to be recovered in a civil action.
33-5-115. Repealed by Laws 2015, ch. 162, § 2.
33-5-116. Payment of annual license fee; fiscal year of
state bar.
(a) All members of the state bar shall pay to the
treasurer of the state bar, as a license fee for the ensuing year, an annual license fee in an amount to be established by the board of commissioners of the Wyoming state bar pursuant to the bylaws of the state bar. Honorary and retired members may be exempted completely from the payment of any fees or allowed to pay less than the regular license fee in the discretion of the board of commissioners. Fees shall constitute a fund to be held and disbursed by the treasurer upon order of the board.
(b) The fiscal year of the state bar shall be from October
1 through September 30. 33-5-117. Unauthorized practice.
It shall be unlawful, and punishable as contempt of court, for any person not a member of the Wyoming state bar to hold himself out or advertise by whatsoever means as an attorney or counselor-at-law.
CHAPTER 6 - CARNIVALS, CIRCUSES, PAWNBROKERS, POOLROOMS AND BOWLING ALLEYS
33-6-101. Carnivals and circuses; license required; safety
inspection.
(a) No person shall open any circus or carnival
entertainment if any entrance fee or fee for carnival or circus rides is charged or collected, without first obtaining a license as required by this act provided that nothing in this act shall prohibit a licensing authority from refusing to issue any license authorized by this act in the sole discretion of the governing body.
(b) Before issuing any license under this act to any
circus or carnival specified under subsection (a) of this section, the board of county commissioners for any county and the governing body of any city or town may require and provide for the inspection of the safety of the applicant's facilities, equipment, rides or other structures which are for public use. Public use of any facility, equipment, ride or other structure determined unsafe following inspection is prohibited until the unsafe condition is corrected, repaired or otherwise modified. Failure of the applicant to make necessary corrections, repairs or modifications pursuant to this subsection shall be grounds for disapproval of the license application under this act.
(c) As used in this act:
(i) "Carnival" means any traveling enterprise
offering a variety of rides and amusements to the public for a fee;
(ii) "Circus" means a tent-covered or open air arena
used for providing public entertainment at a charge and generally featuring feats of physical skill and daring, wild animal acts and performances by clowns; (iii) "This act" means W.S. 33-6-101 through
Wyo. Stat. § 34-22-106
34-22-106.
(b) For purposes of this act, "solar collector" shall not
include a solar collector that is part of a facility that:
(i) Has a rated power capacity of more than five
hundred (500) kilowatts; or
(ii) Would result in a surface disturbance equal to
or greater than one hundred (100) acres.
34-22-103. Declaration of solar rights.
(a) The beneficial use of solar energy is a property
right.
(b) In disputes over the use of solar energy:
(i) Beneficial use shall be the basis, the measure
and the limit of the solar right, except as otherwise provided by written contract. If the amount of solar energy which a solar user can beneficially use varies with the season of the year, then the extent of the solar right shall vary likewise;
(ii) Priority in time shall have the better right,
except as provided in this act; and (iii) Nothing in this act diminishes the right of eminent domain.
(c) Solar rights are property rights and as such shall be
freely transferable within the bounds of law.
34-22-104. Restrictions on solar rights.
(a) The solar right to radiation of the sun before 9:00
a.m. or after 3:00 p.m. Mountain Standard Time is de minimus and may be infringed without compensation to the owner of the solar collector.
(b) A solar right which is not applied to a beneficial use
for a period of five (5) years or more shall be deemed abandoned and without priority.
(c) Solar collectors shall be located on the solar user's
property so as not to unreasonably or unnecessarily restrict the uses of neighboring property. Unless otherwise permitted by the local government, no solar right attaches to a solar collector, or a portion of a solar collector, which would be shaded by a ten (10) foot wall located on the property line on a winter solstice day.
34-22-105. County and municipal authority.
(a) Land-use regulations of local governments may
encourage the use of solar energy systems. To encourage the use of solar energy systems, local governments may regulate:
(i) The height, location, setback and energy
efficiency of structures;
(ii) The height and location of vegetation with
respect to property lines;
(iii) The platting and orientation of land
developments; and
(iv) The type and location of energy systems or their
components.
(b) The local government shall establish permit systems
for the use and application of solar energy. Where a local government establishes a permit system for the use and application of solar energy: (i) A solar permit shall be granted before a solar right may be established;
(ii) The local government shall grant a solar permit
to any proposed or existing solar collector which complies with this act. If a local government sets height or locational limits on structures or vegetation, the local government may restrict the solar permit to the airspace above or surrounding the restrictions. The extent of the solar right granted by this act shall not exceed the extent of the solar right granted by the solar permit;
(iii) The solar right vests on the date the solar
permit is granted. The solar collector shall be put to beneficial use within two (2) years except the local government may allow additional time for good cause shown. The local government shall certify the right and its beneficial use within two (2) years of its vesting;
(iv) The priority of new construction with regard to
interference in solar rights shall vest as of the date the building permit is applied for;
(v) Cities and towns shall regulate solar rights
within their boundaries. Counties shall regulate solar rights within the county and outside city limits. Local governments which agree may regulate solar rights jointly;
(vi) Existing solar collector users shall apply for
permits within five (5) years after the date permit systems are established by their local governments. The priority date for these solar rights shall be the first date the solar collector was beneficially used.
(c) No local government shall prohibit the construction or
use of solar collectors except for reasons of public health and safety or as authorized in W.S. 18-5-501 through 18-5-513.
34-22-106. Recording solar rights.
The granting of solar permits and the transfer of solar rights shall be recorded pursuant to W.S. 34-1-101 through 34-1-140. The instrument granting a solar permit shall include a description of the collector surface, or that portion of the collector surface to which the solar permit is granted. The description shall include the dimensions of the collector surface, the direction of orientation, the height above ground level and the location of the collector on the solar user's property.
CHAPTER 23 - MUSEUMS - LOANED PROPERTY
34-23-101. Definitions.
(a) For purposes of this chapter:
(i) "Lender" means the actual owner of loaned
property or his duly authorized agent, trustee, conservator, custodian, heir, fiduciary or any other person capable of having an interest in property;
(ii) "Lender's address" means the most recent address
as shown on the museum's records pertaining to the property on loan from the lender;
(iii) "Loan" means all deposits of property with a
museum which are not accompanied by a transfer of title to the property or other evidence of donative intent;
(iv) "Museum" means an institution located in Wyoming
and operated by a nonprofit corporation or a public agency primarily for educational, scientific or aesthetic purposes and which owns, borrows, cares for, exhibits, studies or archives property;
(v) "Property" means all tangible objects, organic
and inorganic, under a museum's care which have intrinsic scientific, historic, artistic or cultural value.
34-23-102. Notice to lender.
(a) If a museum accepts a loan of property on or after
July 1, 1992 for a period of time exceeding ninety (90) days that is not subject to a written loan agreement, the museum shall give the lender the written notice required by this section.
(b) If a museum holds loaned property acquired between
July 1, 1982 and June 30, 1992 which is not subject to a written loan agreement, or holds loaned property acquired prior to July 1, 1982 which is not subject to a written loan agreement and which is not subject to subsection (f) of this section, the museum may give the lender the written notice required by this section.
(c) Notice to a lender by a museum shall be deemed given
under this chapter if sent by certified mail to the lender's address, return receipt requested. If the lender's address is not available to the museum or if proof of receipt is not received by the museum, notice shall be by publication at least once a week for three (3) successive weeks in a newspaper of general circulation in both the county in which the museum is located and the county of the lender's address, if any.
(d) The notice shall contain the lender's name, the
lender's address, the date of the loan, a description of the property loaned, the name, address and telephone number of the appropriate office or official to be contacted at the museum for information regarding the loan, an explanation of the lender's responsibilities to notify the museum of any change of address or ownership pursuant to W.S. 34-23-103, an explanation of the lender's right to file a notice of intent to preserve an interest pursuant to W.S. 34-23-104 and an explanation of when a museum acquires title to property originally loaned to it as provided in W.S. 34-23-104(b).
(e) For purposes of this section, a museum is located in
the county of its principal place of business or in the county in which any branch of the museum is located if the loan is made to the museum branch.
(f) If a museum holds loaned property acquired prior to
July 1, 1982 which is not subject to a written loan agreement, and more than ten (10) years have elapsed without written donor contact indicating the deposit is not a gift, the deposit is presumed to be a gift. The presumption of a gift under this subsection may be rebutted by submission of written documentation by the lender prior to July 1, 1995 establishing that the deposit was a loan. Failure by the lender to submit documentation to the museum under this subsection prior to July 1, 1995 shall result in transfer of ownership of the loaned property to the museum.
34-23-103. Lender's duties.
The lender of property on loan to a museum shall notify the museum promptly in writing of any change of address or change in ownership of the property. Failure to notify the museum pursuant to this section may result in the lender's loss of ownership in the property.
34-23-104. Intent to preserve an interest.
(a) The lender may file with a museum a notice of intent
to preserve an interest in the property on loan to the museum within sixty (60) days of receipt of the notice required in W.S.
Wyo. Stat. § 35-4-801
35-4-801;
(viii) The provision of emergency medical treatment;
(ix) Complying with an order of a court of competent
jurisdiction;
(x) Anonymous research where the identity of the
individual will not be released;
(xi) Services limited to storage, retrieval, handling
or transmission of genetic data by a third party service provider pursuant to a contract or other obligation;
(xii) Diagnosis or treatment of the individual if
performed by a clinical laboratory that has received a specimen referral from the individual's treating physician or another clinical laboratory. Nothing in this paragraph shall be deemed to waive the requirement that a treating physician obtain specific informed consent for the taking of a specimen when required.
(c) To safeguard the privacy, confidentiality, security
and integrity of a consumer's genetic data, a direct to consumer genetic testing company shall:
(i) Provide clear and complete information regarding
the company's policies and procedures for the collection, use or disclosure of genetic data by making available to a consumer:
(A) A high-level privacy policy overview that
includes essential information about the company's collection, use or disclosure of genetic data; and (B) A prominent, publicly available privacy notice that includes, at a minimum, information about the company's data collection, consent, use, access, disclosure, transfer, security and retention and deletion practices.
(ii) Obtain a consumer's consent for the collection,
use or disclosure of the consumer's genetic data including, at a minimum:
(A) Initial express consent that describes the
uses of the genetic data collected through the genetic testing product or service, and specifies who has access to test results and how the genetic data may be shared;
(B) Separate express consent for transferring or
disclosing the consumer's genetic data to any person other than the company's vendors and service providers, or for using genetic data beyond the primary purpose of the genetic testing product or service and inherent contextual uses;
(C) Separate express consent for the retention
of any biological sample provided by the consumer following completion of the initial testing service requested by the consumer;
(D) Informed consent in compliance with the
federal policy for the protection of human research subjects, 45 C.F.R. § 46, for transfer or disclosure of the consumer's genetic data to third party persons for research purposes or research conducted under the control of the company for the purpose of publication or generalizable knowledge; and
(E) Separate express consent for marketing to a
consumer based on the consumer's genetic data, or for marketing by a third party person to a consumer based on the consumer having ordered or purchased a genetic testing product or service. Marketing does not include the provision of customized content or offers on the websites or through the applications or services provided by a direct to consumer genetic testing company with a first-party relationship to the customer.
(iii) Require valid legal process for disclosing
genetic data to law enforcement or any other government agency without a consumer's express written consent; (iv) Develop, implement and maintain a comprehensive security program that protects a consumer's genetic data against unauthorized access, use or disclosure; and
(v) Provide a process for a consumer to:
(A) Access the consumer's genetic data;
(B) Delete the consumer's account and genetic
data; and
(C) Request and obtain the destruction of the
consumer's biological sample.
(d) Notwithstanding any other provisions in this section,
a direct to consumer genetic testing company shall not disclose a consumer's genetic data to any entity offering health insurance, life insurance or long-term care insurance, or to any employer of the consumer without the consumer's written consent.
35-32-103. Genetic data; inspection; retention.
(a) An individual or the individual's authorized
representative may inspect, correct and obtain genetic data about the individual.
(b) A person conducting genetic testing shall destroy an
individual's genetic data upon request by the individual or the individual's authorized representative unless:
(i) The data was obtained pursuant to W.S. 35-32-
102(b); or
(ii) Retention of the data is necessary for a purpose
disclosed to the individual or representative in the informed consent.
(c) Genetic data about an individual obtained pursuant to
W.S. 35-32-102(b) shall be used solely for the purposes obtained and shall be destroyed or returned to the individual or the individual's authorized representative upon completion of the purposes for which the data was obtained or in accordance with law.
35-32-104. Criminal penalty; private right of action.
(a) Any person violating the provisions of this chapter is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) for each violation.
(b) An individual whose rights have been violated under
the provisions of this chapter may bring a civil action to enjoin or restrain any violation of this chapter and may in the same action seek damages from the person violating this chapter. Prior to filing an action under this subsection the individual shall give notice in writing to the alleged violator stating fully the nature of the alleged violation. The alleged violator shall have not more than sixty (60) days from the date notice is provided to cure any violation. If, after sixty (60) days the violation has not been cured, the individual may bring a civil action. A prevailing party in an action brought under this subsection may recover all costs and expenses reasonably associated with the action, including but not limited to reasonable attorney fees.
(c) The attorney general may bring an action in the name
of the state or as parens patriae on behalf of consumers to enforce this chapter. In any action brought by the attorney general to enforce this chapter, a person found to have violated this chapter shall be subject to a civil penalty of two thousand five hundred dollars ($2,500.00) for each violation, the recovery of actual damages incurred by consumers on whose behalf the action was brought and costs and reasonable attorneys' fees incurred by the office of the attorney general.
35-32-105. General provisions; limitations.
(a) The provisions of this chapter applicable to direct to
consumer genetic testing companies shall not be waived.
(b) The disclosure of genetic data pursuant to this
chapter shall comply with all state and federal laws for the protection of privacy and security. This chapter shall not apply to protected health information that is collected by a covered entity or business associate governed by the privacy, security and breach notification rules issued by the United States Department of Health and Human Services (Parts Regulations) 160 and 164 of Title 45 of the Code of Federal Services (Parts Regulations) established pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (P.L. 104- 191) and the federal Health Information Technology for Economic and Clinical Health Act (P.L. 111-5). CHAPTER 33 - BUILDING CODES
ARTICLE 1 - REFRIGERANTS
35-33-101. Regulation of refrigerants.
The use of a refrigerant designated acceptable pursuant to federal rules promulgated pursuant to 42 U.S.C. 7671k shall not be prohibited or regulated by any code, ordinance, rule or regulation of any state or local agency or any political subdivision of the state of Wyoming provided that any equipment containing a refrigerant shall otherwise be utilized and installed in accordance with all applicable laws, rules and regulations.
Wyo. Stat. § 35-9-106
35-9-106. Powers and duties of council.
(a) The council shall adopt rules and regulations to:
(i) Establish minimum fire standards not exceeding the standards prescribed by the International Fire Code, the International Building Code, the International Mechanical Code, the International Existing Building Code and the International Fuel Gas Code for:
(A) All new building construction or remodeling under W.S. 35-9-108(a);
(B) The prevention of fire and the protection of life and property from fire and panic in all existing buildings;
(C) The safeguarding of life and property from hazards of fire and explosion arising from storage, handling and use of hazardous substances, materials and devices.
(ii) Repealed by Laws 2003, Ch. 49, § 3.
(iii) Repealed By Laws 2010, Ch. 84, § 3.
(iv) Implement this section.
(b) The council shall have access to records of the divisions and may require written or oral information from any officer or employee of the department when conducting investigations pursuant to W.S. 35-9-108(p) and 35-9-117.
(c) Except as provided under W.S. 35-9-121(d), 35-9-121.1(d)(ii) and 35-9-124(a)(ii), the council shall hear appeals to determine the suitability of alternate materials and type of construction and to interpret and grant variances from rules and regulations of the council.
(d) The standards for liquefied petroleum gas installations shall be the current edition of NFPA 58 Liquefied Petroleum Gas Code and ANSI Z223.1/NFPA 54 National Fuel Gas Code. To the extent the standards for liquefied petroleum gas conflict with the standards prescribed by the International Fuel Gas Code, the NFPA 58 Liquefied Petroleum Gas Code and ANSI Z223.1/NFPA 54 National Fuel Gas Code control.
(e) Repealed By Laws 2010, Ch. 84, § 3.
Wyo. Stat. § 35-9-107
35-9-107(a)(iv), that entity has sole construction inspection authority on the approved plans and sole authority for periodic fire and life safety inspections on state owned or leased buildings. For the purpose of this section, school buildings shall be construed to be state buildings. If local code provisions are more stringent than adopted state codes, the local code prevails. The authority granted to local governmental entities under this subsection is subject to certification of local inspectors as follows: (i) If sole plan review authority is requested, certification of a plan reviewer by the international conference of building officials or the International Code Council;
(ii) If code enforcement authority for fire and
building codes is requested, certification of a fire inspector or building inspector by the International Code Council or the International Conference of Building Officials;
(iii) If code enforcement authority for the
electrical code is requested:
(A) Certification of an electrical inspector by
the International Code Council or the International Association of Electrical Inspectors; and
(B) Licensing of an electrical inspector by the
state as a master electrician.
(c) If a municipality or county has assumed enforcement
authority for only one (1) or two (2) of the fire, building and electrical standards, the municipality or county shall deliver notice of any project plans submitted to the municipality or county for approval to the department. The notice of the project shall be delivered within ten (10) days of receiving plans from the applicant.
(d) A municipality or county which has enforcement
authority under this section shall create its own appeals boards to determine the suitability of alternate materials and types of construction and to interpret and grant variances from adopted codes or standards. The boards shall be appointed and removed by the governing body of the municipality or county, but the person making the decision upon which the appeal is based shall not be a member of the appeal board.
(e) A decision rendered by the local municipal or county
appeals board pursuant to subsection (d) of this section may be appealed to the council on fire prevention and electrical safety in buildings for a final decision. A decision of the council may be appealed to the appropriate district court.
(f) Any appeal to a local board under subsection (d) of
this section or the council under subsection (e) of this section shall be heard within thirty (30) days of the request for appeal. (g) Nothing in this section prohibits the state fire marshal from assisting, upon request, a municipality, county or other local governmental entity in exercising authority granted to that entity under this section.
35-9-121.1. Health care facilities; jurisdiction;
delegation; rules.
(a) The department of health has jurisdiction over all
aspects of construction and remodeling, except electrical installation, of any state licensed health care facility as defined in W.S. 35-2-901.
(b) The fire safety code requirements for the construction
and remodeling of any state licensed health care facility shall meet the minimum requirements established in the National Fire Protection Association 101 Life Safety Code or any other code required to meet federal fire and life safety certification. If any code requirements for federal certification conflict with the code of any other state or local governmental entity, the code required for federal certification shall prevail.
(c) The department of health shall promulgate rules and
regulations for all aspects of construction and remodeling of health care facilities except electrical installation. For aspects of construction and remodeling included in codes adopted by the council pursuant to W.S. 35-9-106, the rules and regulations shall be based on and not exceed the standards of these codes except where federal certification requirements dictate otherwise.
(d) Upon written request from any county or municipality,
the department of health shall delegate plan review and inspection responsibilities to the county or municipality that has personnel who are certified pursuant to the applicable code. The department of health shall transfer jurisdiction and authority by letter. The department of health shall notify the governing body of the municipality or county of the minimum standards and requirements under this section and W.S. 16-6-501 and 16-6-502. The following shall apply:
(i) Any municipality or county may issue a
certificate of occupancy for a health care facility. The certificate shall reference any code applied to the construction or remodeling of the facility; (ii) A municipality or county which has enforcement authority under this subsection shall create its own appeals board to determine the suitability of alternate materials and types of construction.
(e) After construction or remodeling of any health care
facility, the department of health shall have jurisdiction over the fire and life safety inspections required for federal certification.
Division 3. Electrical Licensing
35-9-122. Chief electrical inspector responsible for
licensing.
The chief electrical inspector is responsible for licensing electrical contractors, master electricians, journeyman electricians, low voltage electrical contractors, limited electrical contractors, low voltage technicians and limited technicians and shall pass on the fitness and qualifications of applicants for licenses. Every applicant for a license under this chapter shall provide his social security number to the chief electrical inspector.
35-9-123. Electrical installations to be performed by
licensed electricians; exceptions.
(a) Licensed electrical contractors employing licensed
master or journeymen electricians, or registered apprentice electricians supervised by a licensed master or journeyman electrician shall install all electrical equipment. This requirement is waived for the following, however the waiver does not exempt the following persons from meeting all other code requirements under this act:
(i) Property owned or leased by a person when the
person, his partner or a major stockholder of a family corporation is installing the equipment and the property is not for immediate resale;
(ii) Oil or gas field operations, including those
operations involving exploration, testing, drilling, production or transporting via pipeline of oil or gas, railroads, petroleum refineries, fertilizer manufacturing facilities, foundries, mines and their appurtenant facilities; (iii) Liquefied petroleum, gas, electric or communication facilities exercising their function as public utilities;
(iv) Cable-TV, satellite-TV and telecommunications,
including data and related services of cable-TV, satellite-TV and telecommunications providers including its contractors and subcontractors provided such contractors and subcontractors are limited to the installation of low voltage cable, A.M. or F.M. radio stations, television stations, phone services, internet services, data services and related services;
(v) Farms or ranches of forty (40) acres or more on
deeded land;
(vi) Buildings constructed by a school or community
college district as part of an industrial arts curriculum, under the direct supervision of a qualified industrial arts instructor. The school or community college district shall have the installations inspected by the state electrical inspector's office or the local enforcement authority, whichever has jurisdiction, to ensure compliance with W.S. 35-9-120;
(vii) Licensed low voltage electrical contractors
employing licensed low voltage technicians or registered low voltage apprentice technicians who may install electrical equipment which falls under the scope of their low voltage license or registration. No low voltage contractor may work on electrical systems which exceed ninety (90) volts unless allowed pursuant to this subsection. The chief electrical inspector may issue a low voltage electrical contractor's license to contractors not qualified for an electrical contractor's license but qualified for their low voltage area of expertise for the installation, repair or remodel of:
(A) All electrical systems under ninety (90)
volts;
(B) Alarm systems under ninety (90) volts;
(C) Communication systems under ninety (90)
volts or current limited communication systems of higher voltage;
(D) Sound systems under ninety (90) volts;
(E) Television systems under ninety (90) volts;
(F) Control systems under ninety (90) volts;
(G) Lawn sprinkler systems under ninety (90)
volts.
(viii) Licensed limited electrical contractors
employing licensed limited technicians or registered limited apprentice technicians who may install electrical equipment which falls under the scope of their limited license or registration. The electrical work shall only include the electrical system on the load side of the disconnect which supplies power to the electrical equipment that they are licensed to work on. The chief electrical inspector may issue a limited electrical contractor's license to a contractor not qualified for an electrical contractor's license but qualified in his limited area of expertise for the:
(A) Installation, repair or remodel of heating,
ventilating and air conditioning systems limited to wiring on the load side of the equipment disconnect;
(B) Installation, repair or remodel of elevator
systems limited to wiring on the load side of the equipment disconnect;
(C) Installation, repair or remodel of sign
systems limited to wiring on the load side of the equipment disconnect;
(D) Installation, repair or remodel of water
well and irrigation systems limited to wiring on the load side of the equipment disconnect;
(E) Routine repair or maintenance of light
fixtures limited to replacement of ballasts and fixture parts.
(ix) Employees of rural electric cooperatives, as
defined in W.S. 37-17-101(a)(i), when performing the following work:
(A) Installation of new or upgraded service
connections or attachments of secondary service wires to any utility point of attachment on all overhead connections of the cooperative's equipment to the cooperative's customer's connections and all underground connections that are in close proximity to conductors in excess of six hundred (600) volts; or (B) Making repairs on secondary service wires or reattachments of secondary service wires to any utility point of attachment in emergency or outage situations.
(b) Exceptions shall not apply to anyone who contracts or
subcontracts to or for any exempt person, partnership or corporation.
35-9-124. Powers and duties of board; appeals.
(a) The board shall:
(i) Adopt rules and regulations to implement this
section and to establish minimum standards for:
(A) Training requirements for all classes of
electricians;
(B) Licensing requirements for all classes of
electricians; and
(C) Reciprocal licenses for any journeyman
electrician, master electrician, low voltage technician or limited technician license.
(ii) Regarding the installation of electrical
equipment and electrical safety standards, hear appeals to determine the suitability of alternate materials and type of construction and to interpret and grant variances from the National Electrical Code.
(b) Any applicant may appeal a decision of the chief
electrical inspector to the board.
(c) The board may suspend or cancel the license of any
licensee for a repeated or serious violation of this act or the rules and regulations of the board. A serious violation is any violation that poses a risk of injury or death to persons or is likely to result in property damage exceeding two thousand five hundred dollars ($2,500.00). A repeated violation is one that occurs within two (2) years of any previously documented violation.
(d) Any person whose license is suspended, cancelled or
refused by the board may appeal to the appropriate district court. (e) Repealed By Laws 2010, Ch. 84, § 3.
(f) The board may hear appeals of civil penalties imposed
by the department pursuant to W.S. 35-9-130.
(g) The board may enter into and approve reciprocal
license agreements with other states if such agreements conform with the conditions and minimum standards required under W.S.
Wyo. Stat. § 35-9-130
35-9-130 and applicable rules of the department of fire prevention and electrical safety are adhered to on all low voltage or limited electrical work undertaken by the low voltage or limited electrical contractor in the state of Wyoming, and who is not the technician of record for, or employed by, any other low voltage or limited electrical contractor.
35-9-103. Divisions created; council and board created.
(a) There are created within the department:
(i) The division of fire prevention;
(ii) The division of electrical safety;
(iii) The council on fire prevention and electrical
safety in buildings;
(iv) The electrical board.
(b) The council consists of five (5) members appointed by the governor for six (6) year terms which commence on April 1 following appointment. One (1) member shall be appointed to represent each of the following: counties or municipalities, fire fighters, the electrical board, an association of architects or an association of general contractors and the general public. Vacancies shall be filled for the unexpired term. When new appointments are made, the council shall select a chairman, a vice chairman and a secretary. A quorum consists of three (3) members. The council shall meet at least twice each year.
(c) The board consists of five (5) members appointed by
the governor for six (6) year terms. At least one (1) member and no more than two (2) members shall be journeymen electricians, at least one (1) and no more than two (2) shall be master electricians, and at least one (1) and no more than two (2) shall be electrical contractors. No two (2) members shall be employed by the same entity and serve on the board. Any member who becomes employed by the same entity as another member during his term of office shall be ineligible to continue as a member of the board. Vacancies shall be filled for the unexpired term. When new appointments are made, the board shall select a chairman, a vice chairman and a secretary. A quorum consists of three (3) members. The board shall meet at least twice each year.
(d) The members of the council and board shall receive
compensation, per diem and travel expenses in the same manner and amount as the state legislature while going to, attending or returning from meetings. The governor may remove any council or board member as provided in W.S. 9-1-202.
35-9-104. State fire marshal; qualifications.
(a) After consultation with the council, the governor
shall appoint a state fire marshal who shall be the director of the department and shall have theoretical knowledge and practical and managerial skill and experience which fits him for the position, as determined by the governor.
(b) Repealed by Laws 1987, ch. 185, § 2.
35-9-105. Division administrators; qualifications.
(a) After consultation with the council and the governor, the state fire marshal shall appoint:
(i) The chief deputy fire marshal, who is the
administrator of the fire prevention division. His qualifications shall be the same as the state fire marshal;
(ii) The chief electrical inspector who is the
administrator of the electrical safety division. He shall be a master electrician and an electrical inspector certified by the International Code Council or the International Association of Electrical Inspectors.
(b) The chief deputy fire marshal and the chief electrical
inspector shall devote full time to the duties of the office and shall be directly responsible to the state fire marshal.
Division 2. Fire Prevention and Fire Safety
35-9-106. Powers and duties of council.
(a) The council shall adopt rules and regulations to:
(i) Establish minimum fire standards not exceeding
the standards prescribed by the International Fire Code, the International Building Code, the International Mechanical Code, the International Existing Building Code and the International Fuel Gas Code for:
(A) All new building construction or remodeling
under W.S. 35-9-108(a);
(B) The prevention of fire and the protection of
life and property from fire and panic in all existing buildings;
(C) The safeguarding of life and property from
hazards of fire and explosion arising from storage, handling and use of hazardous substances, materials and devices.
(ii) Repealed by Laws 2003, Ch. 49, § 3.
(iii) Repealed By Laws 2010, Ch. 84, § 3.
(iv) Implement this section.
(b) The council shall have access to records of the
divisions and may require written or oral information from any officer or employee of the department when conducting investigations pursuant to W.S. 35-9-108(p) and 35-9-117.
(c) Except as provided under W.S. 35-9-121(d),
Wyo. Stat. § 35-9-131
35-9-131.
(c) Upon receipt from the department of family services of
a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the chief electrical inspector, the chief electrical inspector shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order.
35-9-120. Minimum requirements for electrical
installations; permits; inspections; fees.
(a) The installation of electric equipment in or on
buildings, mobile homes and premises shall be made subject to the applicable minimum requirements of the National Electrical Code. To the extent that any provision in the International Fire Code, the International Building Code, the International Mechanical Code, the International Existing Building Code and the International Fuel Gas Code conflicts with the standards prescribed by the National Electrical Code, the National Electrical Code shall control.
(b) Subject to W.S. 35-9-121(b), the chief electrical
inspector and his deputies:
(i) Have the right of ingress or egress to all
buildings or other structures owned or leased by the state or local governmental entities during reasonable working hours to make electrical inspections;
(ii) May inspect any building or structure:
(A) With a search warrant issued by a district
court after a finding of probable cause that there is a violation of state law regarding electrical installations; or
(B) At any time during construction and within
thirty (30) days after completion of the installation for which an electrical wiring permit was issued or an electrical plan review was performed.
(iii) Shall inspect any building or structure within
five (5) business days of the request of the owner or the general or electrical contractor installing the electrical equipment.
(c) For any requested electrical inspection conducted or
electrical wiring permit issued by the chief electrical inspector or his deputy, a fee established by the department by rule shall be paid by the person or contractor making the request. The electrical wiring permit fee shall be waived for anyone requesting and paying for an electrical inspection. The fees established by the department shall not exceed the following:
(i) Electrical inspection fees for requested
inspections:
(A) Each residential unit $20.00
plus $.50 per ampere rating of the electrical service;
(B) Mobile home services $20.00
plus $.50 per ampere rating of mobile home;
(C) Temporary services ..$40.00 each;
(D) Remodels of residential units $20.00
plus 2% of the value of any electrical installation included in the remodel;
(E) All other electrical installations
$20.00
plus $.50 per ampere rating of the electrical service;
(F) Reinspections $50.00
plus $.20 per ampere rating of the electrical service.
(ii) Electrical wiring permit fees. $50.00
(d) Inspection fees pursuant to paragraph (c)(i) of this
section shall be charged for requested inspections made on installations that are not under new construction or remodeling.
(e) No person shall install electrical equipment in new
construction or remodeling, if the remodeling requires a public utility to connect or disconnect and restore electrical power, of a building, mobile home or premises without obtaining an electrical wiring permit. No public utility shall energize an electrical service for an electrical installation which requires an electrical wiring permit until the person responsible for the electrical installation has obtained an electrical wiring permit. A utility may energize an electrical service in an emergency situation without proof that an electrical wiring permit has been obtained, however the utility shall notify the department of the action as soon as possible, but in no case later than five (5) days following the date that the electrical service was energized. Electrical wiring permits shall be issued by the chief electrical inspector upon request. Each permit shall explain procedures and costs for permits and requested inspections conducted by the chief electrical inspector or his deputy electrical inspectors. This subsection does not apply to municipalities and counties granted local enforcement authority for electrical safety standards under W.S. 35-9-121(a) and to exempt installations under W.S. 35-9-123(a)(ii) through (v).
(f) Ninety-five percent (95%) of the fees collected
pursuant to subsection (c) of this section shall be deposited in a separate account for the purpose of providing additional state electrical inspectors. Five percent (5%) of the fees collected pursuant to subsection (c) of this section shall be deposited in the general fund.
35-9-121. Local enforcement.
(a) The state fire marshal shall delegate complete
authority to municipalities and counties which apply to enforce and interpret local or state fire, building, existing building standards or electrical safety standards which meet the requirements of this section. The state fire marshal shall notify the governing body of the municipality or county of the minimum standards and requirements of this act and W.S. 16-6-501 and 16-6-502 and transfer jurisdiction and authority by letter. Except as provided in W.S. 35-9-119(a)(i) and subsection (b) of this section, nothing in this section affects the authority of the state fire marshal or chief electrical inspector regarding state owned or leased buildings. Local enforcement authority under this subsection shall be subject to the following requirements and certification of inspectors:
(i) Before a municipality or county without local
enforcement authority is initially granted local enforcement authority for fire, building, existing building standards or electrical standards the state fire marshal shall determine that the local governing body has adopted minimum standards by ordinance or resolution that are equivalent to or more stringent than those applicable standards adopted by the department;
(ii) If a municipality or county that has been
granted local enforcement authority under this subsection fails to adopt, within six (6) months following the adoption of new standards by the department, or maintain standards by ordinance or resolution that at least meet the statewide standards, enforcement authority shall immediately revert to the department. It shall be the responsibility of the municipality or county to notify the department of the repeal of minimum standards in their jurisdiction;
(iii) If code enforcement authority for fire and
building codes is requested, certification of a fire inspector or building inspector by the International Code Council or the International Conference of Building Officials is required for any inspector employed or contracted after July 1, 2010 to enforce those codes for the municipality or county;
(iv) If code enforcement authority for the electrical
code is requested:
(A) Certification of an electrical inspector by
the International Code Council or the International Association of Electrical Inspectors; and
(B) Licensing of an electrical inspector by the
state as a journeyman or master electrician is required.
(v) If a municipality or county that has been granted
local enforcement authority under this subsection fails to maintain employment of an inspector holding any certification required by this subsection, enforcement authority shall revert to the department one hundred twenty (120) days after the last day the properly certified inspector has left the employment of the municipality or county. It shall be the responsibility of the municipality or county to notify the department upon the termination of employment of any certified inspector required by this subsection.
(b) Notwithstanding the provisions of subsection (a) of
this section a local governmental entity is authorized to assume sole plan review authority, and, in accordance with W.S.
Wyo. Stat. § 35-9-163
35-9-163. Enforcement of building codes; application of building codes to specific uses.
(a) Except as provided in this article for any county or municipality requesting and granted local enforcement authority pursuant to W.S. 35-9-121, no state or local official authorized to enforce the provisions of this article shall interpret or enforce any building codes or standards adopted by the state or local governmental entity in a way that is more stringent or burdensome than required by the standards or codes.
(b) Notwithstanding any other provision of law, short term rental of detached one (1) and two (2) family dwellings and townhomes shall not be regulated as a commercial use for purposes of fire, building and electrical standards and shall not be subject to regulation under the International Building Code.
Wyo. Stat. § 35-9-304
35-9-304, and provide for proper notice to the public.
35-9-304. Illegal entry or use.
Any entry into or use of any area in violation of this act shall be a misdemeanor and shall be punished by a fine of not to exceed one hundred dollars ($100.00) or imprisonment in the county jail for not to exceed thirty (30) days or both the fine and imprisonment. ARTICLE 4 - UNINCORPORATED CITIES OR TOWNS
35-9-401. Appointment of county fire warden.
County commissioners may appoint a county fire warden who shall act under the authority of this article [chapter], W.S. 35-9-101 through 35-9-701, and the local governmental authority responsible for fire suppression and fire prevention within the county.
35-9-402. Duties of fire wardens.
Fire wardens or their duly designated representative shall be responsible for management of fire suppression, fire prevention and related activities, except within any incorporated city, town or fire district, and responsible for coordinating fire suppression and fire prevention activities among all county fire agencies.
35-9-403. Repealed by Laws 1989, ch. 75, § 2.
35-9-404. Repealed by Laws 1989, ch. 75, § 2.
35-9-405. Repealed by Laws 1989, ch. 75, § 2.
35-9-406. Abatement of nuisances.
Said board of county commissioners, upon receiving notice as aforesaid, or upon personal knowledge, shall have power to and are hereby authorized to abate any such nuisance at the expense of the person or persons, either by causing the same to be removed, or by filling up, or boarding around such excavations, as the case may be; provided, that said commissioners shall first notify the person or persons aforesaid, to abate such nuisances.
ARTICLE 5 - FIRE ESCAPES
35-9-501. Required in private and public buildings;
specifications generally; notices as to location to be posted.
Every building now or hereafter used, in whole or in part, as a public building, public or private institution, office building, lyceum, church, theater, public hall, place of assemblage or place of public resort, and every hotel, apartment house, boarding house, tenement house, factory or workshop, three (3) or more stories in height, school and hospital building, two (2) or more stories in height, shall be provided with safe and suitable metallic, tunnel, iron or fireproof ladders or stair fire escapes with guard rail of sufficient strength, attached to the outside walls thereof and extending from or suitably near the ground to the uppermost story thereof, with platforms not less than six by three (6 x 3) feet and of such shape and size and in such proximity to the windows of each story above the first, as to render access to such ladders or stairs from each such story easy and safe to the occupants of such building, in case of fire; and it shall be the duty of every proprietor, custodian, superintendent or person or persons having charge and control of such public buildings mentioned and described herein, to post notices in every hall, and in a public and conspicuous place in such building, designating the places on each and every floor of such building where such fire escapes are located and may be found.
35-9-502. Means of exit; doors.
Every building now or hereafter used, in whole or in part, as a public building, public or private institution, office building, lyceum, church, school house, theater, picture show house, public hall, place of assemblage or place of public resort, and every hotel, apartment house, boarding house or tenement house, two (2) stories or less in height, having twelve (12) or more rooms shall be provided with at least two (2) stairways, hallways or means of exit or escape from each story in case of fire. In addition to the above mentioned and described stairways and hallways or means of exit, all doors to every public hall, lyceum, theater, picture show house, or other place of amusement, which is thrown open to and used for the profit of the owner or proprietor or owners or proprietors by public assemblies in the state of Wyoming, shall not be less than three (3) feet in width, and shall swing or open out of and not into said public hall, lyceum, theater, picture show house, or other place of amusement.
35-9-503. Factories, offices and other buildings to be
equipped.
Every building now or hereafter used, in whole or in part, as a factory, mill, workshop, garage, office, bakery, laundry, store, and any other building or buildings in which people are employed at manual or other labor, shall be provided with proper and sufficient means of escape in case of fire, by two (2) or more ways of egress, and all doors leading into or to such factory, mill, workshop, garage, office, bakery, laundry, store, and any other building or buildings in which people are employed at manual or other labor, shall not be locked, bolted or fastened during working hours as to prevent free and easy access therefrom.
35-9-504. Exits to be unobstructed; stairways to be
lighted.
All such metallic, iron or fireproof ladders or stair fire escapes, stairways, hallways or means of egress, mentioned or described in this act, shall at all times be kept free from any obstruction, in good repair and ready for use; and at night, or where lights are necessary in the daytime, a red light shall be provided with the words inscribed thereon "FIRE ESCAPE". Provided, that on all hotel, theater, school and hospital buildings, two (2) or more stories in height, said stairways shall extend from each floor of said building to the ground and shall not be less than three (3) feet wide; the risers of said stairs shall not be greater than eight (8) inches, and the treads not less than ten (10) inches wide; and the platform not less than three (3) feet wide, and in all cases the full width of the stairs. All such stairs shall have proper guard rails not less than twenty-eight (28) inches high. Where tubing is used for guard rails they shall be not more than ten (10) inches apart; and where balusters are used they shall be not more than six (6) inches apart.
35-9-505. Applicability; fire and safety drills required
in schools; supervision of drills.
(a) This chapter shall apply to the trustees of school
districts in this state.
(b) In every public and private school in Wyoming, there
shall be a fire drill at least once every month. Safety drills may be used in lieu of fire drills if approved by and coordinated with the local fire department provided fire drills are conducted at each school not less than four (4) times during any one (1) academic year and further provided the school's fire alarm is tested at each fire or safety drill. A safety drill includes any organized response to a potential threat to the health and safety of the student population. The school administration shall supervise and administer this subsection and shall determine the types of safety drills appropriate for each school. In localities where a paid fire department is maintained, a fire department member shall be requested to be in attendance at each fire or safety drill conducted within a school for the purpose of instruction and constructive criticism.
35-9-506. Penalty.
Every person, firm or corporation, or his or its agents, officers, directors or trustees, owning or having the management or control of any such buildings or structures herein mentioned or described, who shall fail, neglect or refuse to comply with the provisions of this act not later than October first, nineteen hundred seventeen, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punishable by imprisonment in the county jail for not less than three (3), nor more than six (6) months, or by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by both such fine and imprisonment. Each month or fraction thereof in which any building designated in this act shall remain in violation thereof shall constitute a separate offense.
35-9-507. Applicability to cities and towns.
The provisions of W.S. 35-9-501 through 35-9-507 shall not be applicable in any incorporated city or town that has by ordinance adopted a uniform building code which provides among other things adequate and safe means of inside fire escapes, smoke towers and fireproof inclosed stairways and further fixes the types of occupancies and types of buildings subject to the said code.
ARTICLE 6 - VOLUNTEER FIREFIGHTER, EMT AND SEARCH AND RESCUE PENSION ACCOUNT
35-9-601. Repealed by Laws 2015, ch. 32, § 3.
35-9-602. Repealed by Laws 2015, ch. 32, § 3.
35-9-603. Repealed by Laws 2015, ch. 32, § 3.
35-9-604. Repealed by Laws 2015, ch. 32, § 3.
35-9-605. Repealed by Laws 2015, ch. 32, § 3.
35-9-606. Repealed by Laws 2015, ch. 32, § 3.
35-9-607. Repealed by Laws 2015, ch. 32, § 3.
35-9-608. Repealed by Laws 2015, ch. 32, § 3.
35-9-609. Repealed by Laws 2015, ch. 32, § 3.
35-9-610. Repealed by Laws 2015, ch. 32, § 3.
35-9-611. Repealed by Laws 2015, ch. 32, § 3.
35-9-612. Repealed by Laws 2015, ch. 32, § 3.
35-9-613. Repealed by Laws 2015, ch. 32, § 3.
35-9-614. Repealed by Laws 2015, ch. 32, § 3.
35-9-615. Repealed by Laws 2015, ch. 32, § 3.
35-9-616. Definitions.
(a) As used in this article:
(i) "Account" or "pension account" means the
volunteer firefighter, EMT and search and rescue pension account created pursuant to W.S. 35-9-617(a);
(ii) "Board" means the volunteer firefighter, EMT and
search and rescue pension account board created pursuant to W.S.
Wyo. Stat. § 35-9-507
35-9-507. Applicability to cities and towns.
The provisions of W.S. 35-9-501 through 35-9-507 shall not be applicable in any incorporated city or town that has by ordinance adopted a uniform building code which provides among other things adequate and safe means of inside fire escapes, smoke towers and fireproof inclosed stairways and further fixes the types of occupancies and types of buildings subject to the said code.
Wyo. Stat. § 39-16-111
39-16-111 shall not apply. A referral shall be made only when a board of county commissioners finds there are potentially significant adverse environmental, social or economic issues which the county board of commissioners does not have the expertise to consider or authority to address.
(b) Any facility referred to the industrial siting council
under this section may apply to the council for a waiver of permit application pursuant to W.S. 35-12-107.
(c) Upon receiving a referral pursuant to this section and
within fifteen (15) days after receipt of the referral, the director of the department of environmental quality may reject the referral by giving written notice of the rejection to the county making the referral and the applicant. No appeal from the decision of the director under this subsection shall be allowed.
(d) A referral made pursuant to this section shall not
relieve a board of county commissioners from its obligation to consider whether the proposed facility should be permitted under the standards required by this article.
(e) A referral made pursuant to this section shall be made
no later than thirty (30) days after an application is deemed complete pursuant to W.S. 18-5-505.
18-5-510. Binding effect.
Upon referral of a facility to the industrial siting council pursuant to W.S. 18-5-509, the facility shall not be withdrawn from the council's consideration without consent of the council. Any decision by the council shall be final except as provided in this article or pursuant to the remedies provided to other facilities permitted by the council.
18-5-511. Revocation or suspension of permit.
(a) A permit may be revoked or suspended for:
(i) Any material false statement in the application
or in accompanying statements or studies required of the applicant, if a true statement would have warranted the refusal to grant a permit;
(ii) Failure to comply with the terms or conditions
of the permit after notice of the failure and reasonable opportunity to correct the failure;
(iii) Violation of this article, the rules and
regulations adopted pursuant to this article or valid orders of the board of county commissioners or the industrial siting council;
(iv) Failure of the proposed facility to receive a
required permit from the industrial siting council pursuant to the Industrial Development Information and Siting Act, W.S. 35- 12-101 through 35-12-119;
(v) Failure of the permitted wind energy facility to:
(A) Transmit electricity created by wind energy
for a period of two (2) consecutive years or more;
(B) Maintain land rights necessary to operate
the wind energy facility.
(vi) Failure of the permitted solar energy facility
to maintain land rights necessary to operate the solar energy facility.
18-5-512. Penalties for violations.
(a) No person shall:
(i) Commence to construct a wind energy facility on
or after July 1, 2010 or a solar energy facility on or after July 1, 2020 without first obtaining a permit required by this article;
(ii) Construct, reconstruct, operate, locate, erect,
maintain, enlarge, change or use a facility, after having first obtained a permit, other than in specific compliance with the permit; or (iii) Cause any of the acts specified in this subsection to occur.
(b) Any person violating subsection (a) of this section is
liable for a civil penalty of not more than ten thousand dollars ($10,000.00) for each violation. Each day of a continuing violation constitutes a separate offense.
(c) Any wind turbine tower, wind generator or portion
thereof or any solar energy panel or facility or portion thereof erected in violation of this article shall subject the owner of the tower, generator or solar energy panel or facility to a penalty of seven hundred fifty dollars ($750.00) per day for every tower, generator or solar energy panel or facility so erected.
(d) Any penalties collected pursuant to this section shall
be paid and credited as provided by W.S. 8-1-109.
18-5-513. Fees.
(a) A board of county commissioners which receives an
application under this article for the permitting of a facility may charge the applicant a reasonable fee which shall not exceed the reasonably anticipated costs of processing and considering the application and conducting public hearings.
(b) The board of county commissioners also may collect a
reasonable building permit fee prior to commencement of construction which shall not exceed the reasonably anticipated administrative costs of issuing the building permit and overseeing compliance with permit conditions and requirements.
CHAPTER 6 - COURTHOUSES AND JAILS
ARTICLE 1 - GENERALLY
18-6-101. Authority to acquire and dispose of sites
generally.
(a) Each board of county commissioners may purchase or
receive by donation or otherwise a site for a county courthouse, jail or both at the county seat of the county or a site for a county jail at any location within the county, and may erect thereon a suitable courthouse, jail or both if in the county seat, or a suitable jail if not located in the county seat. If such a building is to replace one presently in use the board may sell the building to be replaced.
(b) If a courthouse or jail to be replaced is sold it
shall be sold at public auction to the highest bidder for cash or on terms of payment as determined by the board and in case of deferred payments, security is required satisfactory to the board. No sale shall occur until public notice has been given by posting on the county's official website in the manner provided in W.S. 18-3-516(f) and by publishing in the county's designated official newspaper once a week for two (2) weeks. The notice shall specify the time, place and terms of sale. All proceeds of the sale shall be paid into the county treasury and only expended for a site or toward the erection of a new building to replace the one sold.
ARTICLE 2 - CONSTRUCTION OF JAILS
18-6-201. Construction of jails; authority of county
commissioners; plans and specifications; maximum cost permitted; call for bids; limitations applicable only when costs paid from general fund.
(a) Whenever the board of county commissioners deems it in
the best interest of the county to have a jail constructed they shall cause plans and specifications for a jail to be prepared by a competent architect. After the plans and specifications are prepared, reviewed and critiqued by the sheriff and adopted by the board of county commissioners they shall deposit them in the office of the county clerk for the county where they shall be available for the inspection of all persons. The board of county commissioners shall give notice that they will receive sealed proposals for the building of the jail according to the plans and specifications by posting on the county's official website in the manner provided in W.S. 18-3-516(f) and by publication in the county's designated official newspaper once each week for two (2) consecutive weeks. The notices shall state that the commissioners will until a specified day not less than thirty (30) days from publication of the last notice receive sealed proposals for the building of all or part of the jail. Proposals shall be delivered to the county clerk.
(b) This section applies only if the cost of the
construction of the jail is to be paid from the general fund of the county. If bonds are to be issued pursuant to W.S. 18-4-302 then the above limitations shall not apply. (c) Subsection (a) of this section does not apply to any jail construction project using an alternate design and construction delivery method as defined in W.S. 16-6-701.
18-6-202. Construction of jails; opening of bids or
proposals; awarding of contract; security for completion; payment; exemption for alternate delivery methods.
(a) On the day appointed for opening the bids the county
commissioners shall open and declare the same in public and shall award the contract or contracts to the lowest bidder.
(b) The bids shall be accompanied by a bid bond or other
form of bid guarantee satisfactory to the board in an amount equal to ten percent (10%) of the aggregate amount of the bid. Before the contract is executed the successful bidder shall furnish to the board a performance and payment bond or other form of surety satisfactory to the board, in an amount equal to one hundred percent (100%) of the contract price. All bonds provided pursuant to this section shall be executed by a surety company authorized to do business in the state of Wyoming.
(c) Repealed by Laws 1995, ch. 122, § 3.
(d) Subsections (a) and (b) of this section do not apply
to any jail construction project using an alternate design and construction delivery method as defined in W.S. 16-6-701.
ARTICLE 3 - JAILS GENERALLY
18-6-301. Repealed by Laws 1995, ch. 122, § 3.
18-6-302. Jail to be kept by sheriff; manner in which
prisoners to be kept.
(a) The county sheriff or his deputy shall keep and
maintain the jail in a safe and secure manner and is responsible for its operation.
(b) Repealed by Laws 1995, ch. 122, § 3.
18-6-303. Care of prisoners; audit of expenses.
(a) Repealed by Laws 1995, ch. 122, § 3.
(b) The sheriff shall arrange for the administration of medical care reasonably required by prisoners committed to his custody.
(c) The county commissioners shall pay for reasonable and
necessary medical care for:
(i) Injuries incurred by a prisoner:
(A) While in custody if the injuries are the
proximate result of negligent or intentionally tortious acts committed by the sheriff or a member of his staff;
(B) During an arrest by the sheriff or a member
of his staff for commission of a crime, provided the injuries were not incurred while unlawfully resisting arrest;
(C) While on work release or when performing
duties assigned by the sheriff or a member of his staff.
(ii) Any infectious, contagious or communicable
disease which the prisoner contracts while he is in custody; or
(iii) Medical examinations required by law or court
order unless the order otherwise provides.
(d) Unless indigent, a prisoner shall pay the cost of
medical treatment for:
(i) Injuries incurred by that prisoner:
(A) While in custody if the injuries are not the
proximate result of negligent or intentionally tortious acts committed by the sheriff or a member of his staff;
(B) During the commission of a crime; and
(C) While unlawfully resisting arrest or
attempting to avoid an arrest.
(ii) Self-inflicted injuries;
(iii) Pre-custodial injuries or illness;
(iv) Pre-custodial dental conditions; and
(v) Any other injuries not covered under subsection (c) of this section.
(e) A health care provider furnishing treatment to a
prisoner for which the prisoner is liable for payment shall attempt to collect the cost of the treatment from the prisoner or his insurance carrier. If the provider is unable to collect the cost after making reasonable efforts to secure collection, and the provider certifies by affidavit to the board of county commissioners that it is unable to collect the cost of medical treatment, the board of county commissioners, following payment, may initiate proceedings to collect from the prisoner any amounts so paid.
(f) The sheriff may require a nonindigent prisoner to pay
for any medical treatment under subsection (d) of this section, including any voluntary or involuntary mental health evaluation. Necessary medical treatment shall not be denied based upon a prisoner's inability to pay.
18-6-304. Repealed by Laws 1991, ch. 216, § 2.
18-6-305. Care of United States prisoners; disposition of
monies collected.
Every sheriff or keeper of a jail to which any prisoner is committed by any marshal or other officer of the United States shall be responsible for the safekeeping of the prisoner according to the terms of the commitment. The money paid by the United States for the use of jails shall be credited to the general fund of the county wherein the jail is situated.
18-6-306. Care of prisoners arrested by state trooper and
other special officers.
(a) Every sheriff or keeper of any jail shall provide
space if available for holding any persons arrested by a state trooper or other special officer of the state lawfully entitled to make arrests, prior to their trial and final commitment or release subject to the order of the court having jurisdiction.
(b) Every sheriff or keeper of a jail to which any persons
may be committed by any state trooper or other special officer of the state shall be responsible for the safekeeping of such persons according to the terms of such commitment.
18-6-307. Removal of prisoners in case of fire.
Whenever any jail is on fire or any building contiguous or near a jail is on fire and there is reason to believe that the prisoners confined in the jail may be injured or endangered, the sheriff or keeper of the jail may remove the prisoners to some safe and convenient place and confine them as long as necessary to avoid such danger, or if the jail is destroyed, until some other place is provided by the county commissioners for their safekeeping.
18-6-308. Sheriff and prisoners not subject to arrest when
traveling.
Any sheriff or other officer who has arrested any prisoner may pass through any county that is in the ordinary route of travel from the place where the prisoner was arrested to the place where he is to be delivered. The prisoner and the officers having custody are immune from the service of civil process while passing through the county.
18-6-309. Repealed by Laws 1994, ch. 20, § 2.
18-6-310. Juvenile prisoners.
(a) Repealed By Laws 2012, Ch. 98, § 2.
(b) Juvenile prisoners shall be kept separate from adult
prisoners.
18-6-311. Custody and safekeeping of documents relating to
prisoners.
All instruments, writs, process of any kind, or attested copies thereof by which any prisoner is committed or released shall be endorsed and filed in some suitable place and all such documents shall be delivered to the successor of the officer having charge of the prisoner or succeeding to the office of sheriff.
18-6-312. Jail register to be kept; information to be
shown.
(a) The sheriff or other officer performing the duties of
sheriff shall maintain adequate records relating to the safety, health and welfare of all prisoners.
(i) Repealed by Laws 1995, ch. 122, §§2, 3.
(ii) Repealed by Laws 1995, ch. 122, §§2, 3.
(iii) Repealed by Laws 1995, ch. 122, §§2, 3.
(iv) Repealed by Laws 1995, ch. 122, §§2, 3.
(v) Repealed by Laws 1995, ch. 122, §§2, 3.
18-6-313. Restrictions on jail expenses.
Nothing in W.S. 18-6-201 or 18-6-202 or 18-6-302 through
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)