TITLE 97 - WYOMING CONSTITUTION
ARTICLE 1 - ARTICLE DECLARATION OF RIGHTS
Article 1, Section 1 Power inherent in the people.
All power is inherent in the people, and all free governments
are founded on their authority, and instituted for their peace,
safety and happiness; for the advancement of these ends they
have at all times an inalienable and indefeasible right to
alter, reform or abolish the government in such manner as they
may think proper.
Article 1, Section 2 Equality of all.
In their inherent right to life, liberty and the pursuit of
happiness, all members of the human race are equal.
Article 1, Section 3 Equal political rights.
Since equality in the enjoyment of natural and civil rights is
only made sure through political equality, the laws of this
state affecting the political rights and privileges of its
citizens shall be without distinction of race, color, sex, or
any circumstance or condition whatsoever other than individual
incompetency, or unworthiness duly ascertained by a court of
competent jurisdiction.
Article 1, Section 4 Security against search and seizure.
The right of the people to be secure in their persons, houses,
papers and effects against unreasonable searches and seizures
shall not be violated, and no warrant shall issue but upon
probable cause, supported by affidavit, particularly describing
the place to be searched or the person or thing to be seized.
Article 1, Section 5 Imprisonment for debt.
No person shall be imprisoned for debt, except in cases of
fraud.
Article 1, Section 6 Due process of law.
No person shall be deprived of life, liberty or property without
due process of law.
Article 1, Section 7 No absolute, arbitrary power.
Absolute, arbitrary power over the lives, liberty and property
of freemen exists nowhere in a republic, not even in the largest
majority.
Article 1, Section 8 Courts open to all; suits against
state.
All courts shall be open and every person for an injury done to
person, reputation or property shall have justice administered
without sale, denial or delay. Suits may be brought against the
state in such manner and in such courts as the legislature may
by law direct.
Article 1, Section 9 Trial by jury inviolate.
The right of trial by jury shall remain inviolate in criminal
cases. A jury in civil cases and in criminal cases where the
charge is a misdemeanor may consist of less than twelve (12)
persons but not less than six (6), as may be prescribed by law.
A grand jury may consist of twelve (12) persons, any nine (9) of
whom concurring may find an indictment. The legislature may
change, regulate or abolish the grand jury system.
Article 1, Section 10 Right of accused to defend.
In all criminal prosecutions the accused shall have the right to
defend in person and by counsel, to demand the nature and cause
of the accusation, to have a copy thereof, to be confronted with
the witnesses against him, to have compulsory process served for
obtaining witnesses, and to a speedy trial by an impartial jury
of the county or district in which the offense is alleged to
have been committed. When the location of the offense cannot be
established with certainty, venue may be placed in the county or
district where the corpus delecti [delicti] is found, or in any
county or district in which the victim was transported.
Article 1, Section 11 Self-incrimination; jeopardy.
No person shall be compelled to testify against himself in any
criminal case, nor shall any person be twice put in jeopardy for
the same offense. If a jury disagree, or if the judgment be
arrested after a verdict, or if the judgment be reversed for
error in law, the accused shall not be deemed to have been in
jeopardy.
Article 1, Section 12 Detaining witnesses.
No person shall be detained as a witness in any criminal
prosecution longer than may be necessary to take his testimony
or deposition, nor be confined in any room where criminals are
imprisoned.
Article 1, Section 13 Indictment.
Until otherwise provided by law, no person shall, for a felony,
be proceeded against criminally, otherwise than by indictment,
except in cases arising in the land or naval forces, or in the
militia when in actual service in time of war or public danger.
Article 1, Section 14 Bail; cruel and unusual punishment.
All persons shall be bailable by sufficient sureties, except for
capital offenses when the proof is evident or the presumption
great. Excessive bail shall not be required, nor excessive fines
imposed, nor shall cruel or unusual punishment be inflicted.
Article 1, Section 15 Penal code to be humane.
The penal code shall be framed on the humane principles of
reformation and prevention.
Article 1, Section 16 Conduct of jails.
No person arrested and confined in jail shall be treated with
unnecessary rigor. The erection of safe and comfortable prisons,
and inspection of prisons, and the humane treatment of prisoners
shall be provided for.
Article 1, Section 17 Habeas corpus.
The privilege of the writ of habeas corpus shall not be
suspended unless, when in case of rebellion or invasion the
public safety may require it.
Article 1, Section 18 Religious liberty.
The free exercise and enjoyment of religious profession and
worship without discrimination or preference shall be forever
guaranteed in this state, and no person shall be rendered
incompetent to hold any office of trust or profit, or to serve
as a witness or juror, because of his opinion on any matter of
religious belief whatever; but the liberty of conscience hereby
secured shall not be so construed as to excuse acts of
licentiousness or justify practices inconsistent with the peace
or safety of the state.
Article 1, Section 19 Appropriations for sectarian or
religious societies or institutions prohibited.
No money of the state shall ever be given or appropriated to any
sectarian or religious society or institution.
Article 1, Section 20 Freedom of speech and press; libel;
truth a defense.
Every person may freely speak, write and publish on all
subjects, being responsible for the abuse of that right; and in
all trials for libel, both civil and criminal, the truth, when
published with good intent and [for] justifiable ends, shall be
a sufficient defense, the jury having the right to determine the
facts and the law, under direction of the court.
Article 1, Section 21 Right of petition and peaceable
assembly.
The right of petition, and of the people peaceably to assemble
to consult for the common good, and to make known their
opinions, shall never be denied or abridged.
Article 1, Section 22 Protection of labor.
The rights of labor shall have just protection through laws
calculated to secure to the laborer proper rewards for his
service and to promote the industrial welfare of the state.
Article 1, Section 23 Education.
The right of the citizens to opportunities for education should
have practical recognition. The legislature shall suitably
encourage means and agencies calculated to advance the sciences
and liberal arts.
Article 1, Section 24 Right to bear arms.
The right of citizens to bear arms in defense of themselves and
of the state shall not be denied.
Article 1, Section 25 Military subordinate to civil power;
quartering soldiers.
The military shall ever be in strict subordination to the civil
power. No soldier in time of peace shall be quartered in any
house without consent of the owner, nor in time of war except in
the manner prescribed by law.
Article 1, Section 26 Treason.
Treason against the state shall consist only in levying war
against it, or in adhering to its enemies, or in giving them aid
and comfort. No person shall be convicted of treason unless on
the testimony of two witnesses to the same overt act, or on
confession in open court; nor shall any person be attained of
treason by the legislature.
Article 1, Section 27 Elections free and equal.
Elections shall be open, free and equal, and no power, civil or
military, shall at any time interfere to prevent an untrammeled
exercise of the right of suffrage.
Article 1, Section 28 Taxation; consent of people;
uniformity and equality.
No tax shall be imposed without the consent of the people or
their authorized representatives.
Article 1, Section 29 Rights of aliens.
No distinction shall ever be made by law between resident aliens
and citizens as to the possession, taxation, enjoyment and
descent of property.
Article 1, Section 30 Monopolies and perpetuities
prohibited.
Perpetuities and monopolies are contrary to the genius of a free
state, and shall not be allowed. Corporations being creatures of
the state, endowed for the public good with a portion of its
sovereign powers, must be subject to its control.
Article 1, Section 31 Control of water.
Water being essential to industrial prosperity, of limited
amount, and easy of diversion from its natural channels, its
control must be in the state, which, in providing for its use,
shall equally guard all the various interests involved.
Article 1, Section 32 Eminent domain.
Private property shall not be taken for private use unless by
consent of the owner, except for private ways of necessity, and
for reservoirs, drains, flumes or ditches on or across the lands
of others for agricultural, mining, milling, domestic or
sanitary purposes, nor in any case without due compensation.
Article 1, Section 33 Compensation for property taken.
Private property shall not be taken or damaged for public or
private use without just compensation.
Article 1, Section 34 Uniform operation of general law.
All laws of a general nature shall have a uniform operation.
Article 1, Section 35 Ex post facto laws; impairing
obligation of contracts.
No ex post facto law, nor any law impairing the obligation of
contracts, shall ever be made.
Article 1, Section 36 Rights not enumerated reserved to
people.
The enumeration in this constitution, of certain rights shall
not be construed to deny, impair, or disparage others retained
by the people.
Article 1, Section 37 Constitution of United States
supreme law of land.
The State of Wyoming is an inseparable part of the federal
union, and the constitution of the United States is the supreme
law of the land.
Article 1, Section 38 Right of health care access.
(a) Each competent adult shall have the right to make his
or her own health care decisions. The parent, guardian or legal
representative of any other natural person shall have the right
to make health care decisions for that person.
(b) Any person may pay, and a health care provider may
accept, direct payment for health care without imposition of
penalties or fines for doing so.
(c) The legislature may determine reasonable and necessary
restrictions on the rights granted under this section to protect
the health and general welfare of the people or to accomplish
the other purposes set forth in the Wyoming Constitution.
(d) The state of Wyoming shall act to preserve these
rights from undue governmental infringement.
Article 1, Section 39 Opportunity to hunt, fish and trap.
The opportunity to fish, hunt and trap wildlife is a heritage
that shall forever be preserved to the individual citizens of
the state, subject to regulation as prescribed by law, and does
not create a right to trespass on private property, diminish
other private rights or alter the duty of the state to manage
wildlife.
ARTICLE 2 - DISTRIBUTION OF POWERS
Article 2, Section 1 Powers of government divided into
three departments.
The powers of the government of this state are divided into
three distinct departments: The legislative, executive and
judicial, and no person or collection of persons charged with
the exercise of powers properly belonging to one of these
departments shall exercise any powers properly belonging to
either of the others, except as in this constitution expressly
directed or permitted.
ARTICLE 3 - LEGISLATIVE DEPARTMENT
Article 3, Section 1 Composition and name of legislature.
The legislative power shall be vested in a senate and house of
representatives, which shall be designated "the legislature of
the State of Wyoming."
Article 3, Section 2 Members' terms and qualifications.
Senators shall be elected for the term of four (4) years and
representatives for the term of two (2) years. The senators
elected at the first election shall be divided by lot into two
classes as nearly equal as may be. The seats of senators of the
first class shall be vacated at the expiration of the first two
years, and of the second class at the expiration of four years.
No person shall be a senator who has not attained the age of
twenty-five years, or a representative who has not attained the
age of twenty-one years, and who is not a citizen of the United
States and of this state and who has not, for at least twelve
months next preceding his election resided within the county or
district in which he was elected.
Article 3, Section 3 Legislative apportionment.
Each county shall constitute a senatorial and representative
district; the senate and house of representatives shall be
composed of members elected by the legal voters of the counties
respectively, every two (2) years. They shall be apportioned
among the said counties as nearly as may be according to the
number of their inhabitants. Each county shall have at least one
senator and one representative; but at no time shall the number
of members of the house of representatives be less than twice
nor greater than three times the number of members of the
senate. The senate and house of representatives first elected in
pursuance of this constitution shall consist of sixteen and
thirty-three members respectively.
Article 3, Section 4 Vacancies. [Repealed.]
Article 3, Section 5 When members elected and terms begin.
Members of the senate and house of representatives shall be
elected on the day provided by law for the general election of a
member of congress, and their term of office shall begin on the
first Monday of January thereafter.
Article 3, Section 6 Compensation of members; duration of
sessions.
The legislature shall not meet for more than sixty (60)
legislative working days excluding Sundays during the term for
which members of the house of representatives are elected,
except when called into special session. The legislature shall
determine by statute the number of days not to exceed sixty (60)
legislative working days to be devoted to general and budget
session, respectively. The legislature shall meet on odd-
numbered years for a general and budget session. The legislature
may meet on even-numbered years for budget session. During the
budget session no bills except the budget bill may be introduced
unless placed on call by a two-thirds vote of either house. The
legislature shall meet for no more than forty (40) legislative
working days excluding Sundays in any (1) calendar year, except
when called into special session. The compensation of the
members of the legislature shall be as provided by law; but no
legislature shall fix its own compensation.
Article 3, Section 7 Time and place of sessions.
(a) The legislature shall meet at the seat of government
at twelve o'clock noon, on the second Tuesday of January of the
odd-numbered years for general and budget session and may meet
on the second Tuesday of January of the even-numbered years for
budget session, and at other times when convened by the governor
or upon call of the legislature as herein provided. The governor
by proclamation may also, in times of war or grave emergency by
law defined, temporarily convene the legislature at a place or
places other than the seat of government. The legislature may
convene a special session not to last longer than twenty (20)
working days as follows:
(i) Upon written request to the presiding officer of
each house of the legislature by a majority of the elected
members of each house, the legislature shall convene in special
session; or
(ii) The presiding officers of each house shall also
jointly call a special session for the purpose of resolving a
challenge or a dispute of any kind in the determination of the
presidential electors.
Article 3, Section 8 Members disqualified for other
office.
No senator or representative shall, during the term for which he
was elected, be appointed to any civil office under the state,
and no member of congress or other person holding an office
(except that of notary public or an office in the militia) under
the United States or this state, shall be a member of either
house during his continuance in office.
Article 3, Section 9 Compensation not to be increased
during term.
No member of either house shall, during the term for which he
was elected, receive any increase of salary or mileage under any
law passed during that term.
Article 3, Section 10 Presiding officers; other officers;
each house to judge of election and qualifications of its
members.
The senate shall, at the beginning and close of each regular
session and at such other times as may be necessary, elect one
of its members president; the house of representatives shall
elect one of its members speaker; each house shall choose its
other officers, and shall judge of the election returns and
qualifications of its members.
Article 3, Section 11 Quorum.
A majority of each house shall constitute a quorum to do
business, but a smaller number may adjourn from day to day, and
compel the attendance of absent members in such manner and under
such penalties as each house may prescribe.
Article 3, Section 12 Rules, punishment and protection.
Each house shall have power to determine the rules of its
proceedings, and [to] punish its members or other persons for
contempt or disorderly behavior in its presence; to protect its
members against violence or offers of bribes or private
solicitation, and with the concurrence of two-thirds, to expel a
member, and shall have all other powers necessary to the
legislature of a free state. A member expelled for corruption
shall not thereafter be eligible to either house of the
legislature, and punishment for contempt or disorderly behavior
shall not bar a criminal prosecution for the same offense.
Article 3, Section 13 Journals.
Each house shall keep a journal of its proceedings and may, in
its discretion, from time to time, publish the same, except such
parts as require secrecy, and the yeas and nays on any question,
shall, at the request of any two members, be entered on the
journal.
Article 3, Section 14 Sessions to be open.
The sessions of each house and of the committee of the whole
shall be open unless the business is such as requires secrecy.
Article 3, Section 15 Adjournment.
Neither house shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in
which the two houses shall be sitting.
Article 3, Section 16 Privilege of members.
The members of the legislature shall, in all cases, except
treason, felony, violation of their oath of office and breach of
the peace, be privileged from arrest during their attendance at
the sessions of their respective houses, and in going to and
returning from the same; and for any speech or debate in either
house they shall not be questioned in any other place.
Article 3, Section 17 Power of impeachment; proceedings.
The sole power of impeachment shall vest in the house of
representatives; the concurrence of a majority of all the
members being necessary to the exercise thereof. Impeachment
shall be tried by the senate sitting for that purpose, and the
senators shall be upon oath or affirmation to do justice
according to law and evidence. When the governor is on trial,
the chief justice of the supreme court shall preside. No person
shall be convicted without a concurrence of two-thirds of the
senators elected.
Article 3, Section 18 Who may be impeached.
The governor and other state and judicial officers except
justices of the peace, shall be liable to impeachment for high
crimes and misdemeanors, or malfeasance in office, but judgment
in such cases shall only extend to removal from office and
disqualification to hold any office of honor, trust or profit
under the laws of the state. The party, whether convicted or
acquitted, shall, nevertheless, be liable to prosecution, trial,
judgment and punishment according to law.
Article 3, Section 19 Removal of officers not subject to
impeachment.
Except as hereafter provided, all officers not liable to
impeachment shall be subject to removal for misconduct or
malfeasance in office as provided by law. Any person appointed
by the governor to serve as head of a state agency, or division
thereof, or to serve as a member of a state board or commission,
may be removed by the governor as provided by law.
Article 3, Section 20 Laws to be passed by bill;
alteration or amendment of bills.
No law shall be passed except by bill, and no bill shall be so
altered or amended on its passage through either house as to
change its original purpose.
Article 3, Section 21 Enacting clause of law.
The enacting clause of every law shall be as follows: "Be it
Enacted by the Legislature of the State of Wyoming."
Article 3, Section 22 Limitation on time for introducing
bill for appropriation.
No bill for the appropriation of money, except for the expenses
of the government, shall be introduced within five (5) days of
the close of the session, except by unanimous consent of the
house in which it is sought to be introduced.
Article 3, Section 23 Bill must go to committee.
No bill shall be considered or become a law unless referred to a
committee, returned therefrom and printed for the use of the
members.
Article 3, Section 24 Bill to contain only one subject,
which shall be expressed in title.
No bill, except general appropriation bills and bills for the
codification and general revision of the laws, shall be passed
containing more than one subject, which shall be clearly
expressed in its title; but if any subject is embraced in any
act which is not expressed in the title, such act shall be void
only as to so much thereof as shall not be so expressed.
Article 3, Section 25 Vote required to pass bill.
No bill shall become a law except by a vote of a majority of all
the members elected to each house, nor unless on its final
passage the vote taken by ayes and noes, and the names of those
voting be entered on the journal.
Article 3, Section 26 How laws revised, amended or
extended.
No law shall be revised or amended, or the provisions thereof
extended by reference to its title only, but so much thereof as
is revised, amended, or extended, shall be re-enacted and
published at length.
Article 3, Section 27 Special and local laws prohibited.
The legislature shall not pass local or special laws in any of
the following enumerated cases, that is to say: For granting
divorces; laying out, opening, altering or working roads or
highways; vacating roads, town plats, streets, alleys or public
grounds; locating or changing county seats; regulating county or
township affairs; incorporation of cities, towns or villages; or
changing or amending the charters of any cities, towns or
villages; regulating the practice in courts of justice;
regulating the jurisdiction and duties of justices of the peace,
police magistrates or constables; changing the rules of evidence
in any trial or inquiry; providing for changes of venue in civil
or criminal cases; declaring any person of age; for limitation
of civil actions; giving effect to any informal or invalid
deeds; summoning or impaneling grand or petit juries; providing
for the management of common schools; regulating the rate of
interest on money; the opening or conducting of any election or
designating the place of voting; the sale or mortgage of real
estate belonging to minors or others under disability;
chartering or licensing ferries or bridges or toll roads;
chartering banks, insurance companies and loan and trust
companies; remitting fines, penalties or forfeitures;
creating[,] increasing, or decreasing fees, percentages or
allowances of public officers; changing the law of descent;
granting to any corporation, association or individual, the
right to lay down railroad tracks, or any special or exclusive
privilege, immunity or franchise whatever, or amending existing
charter for such purpose; for punishment of crimes; changing the
names of persons or places; for the assessment or collection of
taxes; affecting estates of deceased persons, minors or others
under legal disabilities; extending the time for the collection
of taxes; refunding money paid into the state treasury,
relinquishing or extinguishing, in whole or part, the
indebtedness, liabilities or obligation of any corporation or
person to this state or to any municipal corporation therein;
exempting property from taxation; restoring to citizenship
persons convicted of infamous crimes; authorizing the creation,
extension or impairing of liens; creating offices or prescribing
the powers or duties of officers in counties, cities, townships
or school districts; or authorizing the adoption or legitimation
of children. In all other cases where a general law can be made
applicable no special law shall be enacted.
Article 3, Section 28 Signing of bills.
The presiding officer of each house shall, in the presence of
the house over which he presides, sign all bills and joint
resolutions passed by the legislature immediately after their
titles have been publicly read, and the fact of signing shall be
at once entered upon the journal.
Article 3, Section 29 Legislative employees.
The legislature shall prescribe by law the number, duties and
compensation of the officers and employes of each house, and no
payment shall be made from the state treasury, or be in any way
authorized to any such person except to an acting officer or
employe elected or appointed in pursuance of law.
Article 3, Section 30 Extra compensation to public
officers prohibited.
No bill shall be passed giving any extra compensation to any
public officer, servant or employe, agent or contractor, after
services are rendered or contract made.
Article 3, Section 31 Supplies for legislature and
departments.
All stationery, printing, paper, fuel and lights used in the
legislature and other departments of government shall be
furnished, and the printing and binding of the laws, journals
and department reports and other printing and binding, and the
repairing and furnishing the halls and rooms used for the
meeting of the legislature and its committees shall be performed
under contract, to be given to the lowest responsible bidder,
below such maximum price and under such regulations as may be
prescribed by law. No member or officer of any department of the
government shall be in any way interested in any such contract;
and all such contracts shall be subject to the approval of the
governor and state treasurer.
Article 3, Section 32 Changing terms and salaries of
public officers.
Except as otherwise provided in this constitution, no law shall
extend the term of any public officer or increase or diminish
his salary or emolument after his election or appointment; but
this shall not be construed to forbid the legislature from
fixing salaries or emoluments of those officers first elected or
appointed under this constitution, if such salaries or
emoluments are not fixed by its provisions.
Article 3, Section 33 Origin of revenue bills.
All bills for raising revenue shall originate in the house of
representatives; but the senate may propose amendments, as in
case of other bills.
Article 3, Section 34 General appropriation bills; other
appropriations.
The general appropriation bills shall embrace nothing but
appropriations for the ordinary expenses of the legislative,
executive and judicial departments of the state, interest on the
public debt, and for public schools. All other appropriations
shall be made by separate bills, each embracing but one subject.
Article 3, Section 35 Money expended only on
appropriation.
Except for interest on public debt, money shall be paid out of
the treasury only on appropriations made by the legislature, and
in no case otherwise than upon warrant drawn by the proper
officer in pursuance of law.
Article 3, Section 36 Prohibited appropriations.
No appropriation shall be made for charitable, industrial,
educational or benevolent purposes to any person, corporation or
community not under the absolute control of the state, nor to
any denominational or sectarian institution or association.
Article 3, Section 37 Delegation of power to perform
municipal functions prohibited.
The legislature shall not delegate to any special commissioner,
private corporation or association, any power to make, supervise
or interfere with any municipal improvements, moneys, property
or effects, whether held in trust or otherwise, to levy taxes,
or to perform any municipal functions whatever.
Article 3, Section 38 Investment of trust funds.
The legislature may authorize the investment of trust funds by
executors, administrators, guardians or trustees, in the bonds
or stocks of private corporations, and in such other securities
as it may by law provide.
Article 3, Section 39 Aid to railroads prohibited.
The legislature shall have no power to pass any law authorizing
the state or any county in the state to contract any debt or
obligation in the construction of any railroad, or give or loan
its credit to or in aid of the construction of the same.
Article 3, Section 40 Debts to state or municipal
corporation cannot be released unless otherwise prescribed by
legislature.
No obligation or liability of any person, association or
corporation held or owned by the state or any municipal
corporation therein shall ever be exchanged, transferred,
remitted, released, postponed or in any way diminished except as
may be prescribed by the legislature. The liability or
obligation shall not be extinguished except by payment into the
proper treasury or as may otherwise be prescribed by the
legislature in cases where the obligation or liability is not
collectible.
Article 3, Section 41 Resolutions; approval or veto.
Every order, resolution or vote, in which the concurrence of
both houses may be necessary, except on the question of
adjournment, or relating solely to the transaction of the
business of the two houses, shall be presented to the governor,
and before it shall take effect be approved by him, or, being
disapproved, be repassed by two-thirds of both houses as
prescribed in the case of a bill.
Article 3, Section 42 Bribery of legislators and
solicitation of bribery defined; expulsion of legislator for
bribery or solicitation.
If any person elected to either house of the legislature shall
offer or promise to give his vote or influence in favor of or
against any measure or proposition, pending or to be introduced
into the legislature, in consideration or upon condition that
any other person elected to the same legislature will give, or
promise or assent to give his vote or influence in favor of or
against any other measure or proposition pending or proposed to
be introduced into such legislature, the person making such
offer or promise shall be deemed guilty of solicitation of
bribery. If any member of the legislature shall give his vote or
influence for or against any measure or proposition pending or
to be introduced in such legislature, or offer, promise or
assent thereto, upon condition that any other member will give
or will promise or assent to give his vote or influence in favor
of or against any other measure or proposition pending or to be
introduced in such legislature, or in consideration that any
other member has given his vote or influence for or against any
other measure or proposition in such legislature, he shall be
deemed guilty of bribery, and any member of the legislature, or
person elected thereto, who shall be guilty of either of such
offenses, shall be expelled and shall not thereafter be eligible
to the legislature, and on conviction thereof in the civil
courts shall be liable to such further penalty as may be
prescribed by law.
Article 3, Section 43 Offers to bribe.
Any person who shall directly or indirectly offer, give or
promise any money or thing of value, testimonial, privilege or
personal advantage, to any executive or judicial officer or
member of the legislature, to influence him in the performance
of any of his official duties shall be deemed guilty of bribery,
and be punished in such manner as shall be provided by law.
Article 3, Section 44 Witnesses in bribery charges.
Any person may be compelled to testify in any lawful
investigation or judicial proceeding against any person who may
be charged with having committed the offense of bribery or
corrupt solicitation, or practices of solicitation, and shall
not be permitted to withhold his testimony upon the ground that
it may criminate himself, or subject him to public infamy; but
such testimony shall not afterwards be used against him in any
judicial proceeding, except for perjury in giving such
testimony, and any person convicted of either of the offenses
aforesaid shall, as part of the punishment therefor, be
disqualified from holding any office or position of honor, trust
or profit in this state.
Article 3, Section 45 Legislature shall define corrupt
solicitation.
The offense of corrupt solicitation of members of the
legislature or of public officers of the state, or of any
municipal division thereof, and the occupation or practice of
solicitation of such members or officers to influence their
official actions shall be defined by law and shall be punishable
by fine and imprisonment.
Article 3, Section 46 Interested member shall not vote.
A member who has a personal or private interest in any measure
or bill proposed or pending before the legislature shall
disclose the fact to the house of which he is a member, and
shall not vote thereon.
Article 3, Section 47 Congressional representation.
One representative in the congress of the United States shall be
elected from the state at large, the Tuesday next after the
first Monday in November, 1890, and thereafter at such times and
places, and in such manner as may be prescribed by law. When a
new apportionment shall be made by congress, the legislature
shall divide the state into congressional districts accordingly.
Article 3, Section 48 State census.
At the first budget session of the legislature following the
federal census, the legislature shall reapportion its membership
based upon that census. Notwithstanding any other provision of
this article, any bill to apportion the legislature may be
introduced in a budget session in the same manner as in a
general session.
Article 3, Section 49 District representation.
Congressional districts may be altered from time to time as
public convenience may require. When a congressional district
shall be composed of two or more counties they shall be
contiguous, and the districts as compact as may be. No county
shall be divided in the formation of congressional districts.
Article 3, Section 50 Apportionment for first legislature.
Until an apportionment of senators and representatives as
otherwise provided by law, they shall be divided among the
several counties of the state in the following manner:
Albany County, two senators and five representatives.
Carbon County, two senators and five representatives.
Converse County, one senator and three representatives.
Crook County, one senator and two representatives.
Fremont County, one senator and two representatives.
Laramie County, three senators and six representatives.
Johnson County, one senator and two representatives.
Sheridan County, one senator and two representatives.
Sweetwater County, two senators and three representatives.
Uinta County, two senators and three representatives.
Article 3, Section 51 Filling of vacancies.
When vacancies shall occur in the membership of either house of
the legislature of the State of Wyoming through death,
resignation or other cause, such vacancies shall be filled in
such manner as may be prescribed by law, notwithstanding the
provisions of section 4 of article III of the constitution which
is by this section repealed.
Article 3, Section 52 Initiative and referendum.
(a) The people may propose and enact laws by the
initiative, and approve or reject acts of the legislature by the
referendum.
(b) An initiative or referendum is proposed by an
application containing the bill to be initiated or the act to be
referred. The application shall be signed by not less than one
hundred (100) qualified voters as sponsors, and shall be filed
with the secretary of state. If he finds it in proper form he
shall so certify. Denial of certification shall be subject to
judicial review.
(c) After certification of the application, a petition
containing a summary of the subject matter shall be prepared by
the secretary of state for circulation by the sponsors. The
petition may be filed with the secretary of state if it meets
both of the following requirements:
(i) It is signed by qualified voters, equal in number
to fifteen percent (15%) of those who voted in the preceding
general election; and
(ii) It is signed by qualified voters equal in number
to fifteen percent (15%) of those resident in at least two-
thirds (2/3) of the counties of the state, as determined by
those who voted in the preceding general election in that
county.
(d) An initiative petition may be filed at any time except
that one may not be filed for a measure substantially the same
as that defeated by an initiative election within the preceding
(5) years. The secretary of state shall prepare a ballot title
and proposition summarizing the proposed law, and shall place
them on the ballot for the first statewide election held more
than one hundred twenty (120) days after adjournment of the
legislative session following the filing. If, before the
election, substantially the same measure has been enacted, the
petition is void.
(e) A referendum petition may be filed only within ninety
(90) days after adjournment of the legislative session at which
the act was passed, except that a referendum petition respecting
any act previously passed by the legislature may be filed within
six months after the power of referendum is adopted. The
secretary of state shall prepare a ballot title and proposition
summarizing the act and shall place them on the ballot for the
first statewide election held more than one hundred eighty (180)
days after adjournment of that session.
(f) If votes in an amount in excess of fifty percent (50%)
of those voting in the general election are cast in favor of
adoption of an initiated measure, the measure is enacted. If
votes in an amount in excess of fifty percent (50%) of those
voted in the general election are cast in favor of rejection of
an act referred, it is rejected. The secretary of state shall
certify the election returns. An initiated law becomes effective
ninety (90) days after certification, is not subject to veto,
and may not be repealed by the legislature within two (2) years
of its effective date. It may be amended at any time. An act
rejected by referendum is void thirty (30) days after
certification. Additional procedures for the initiative and
referendum may be prescribed by law.
(g) The initiative shall not be used to dedicate revenues,
make or repeal appropriations, create courts, define the
jurisdiction of courts or prescribe their rules, enact local or
special legislation, or enact that prohibited by the
constitution for enactment by the legislature. The referendum
shall not be applied to dedications of revenue, to
appropriations, to local or special legislation, or to laws
necessary for the immediate preservation of the public peace,
health, or safety.
Article 3, Section 53 Creation of criminal penalties not
subject to governor's power to commute.
Notwithstanding Article 4, Section 5 of this Constitution, the
legislature may by law create a penalty of life imprisonment
without parole for specified crimes which sentence shall not be
subject to commutation by the governor. The legislature may in
addition limit commutation of a death sentence to a sentence of
life imprisonment without parole which sentence shall not be
subject to further commutation. In no event shall the inherent
power of the governor to grant a pardon be limited or curtailed.
ARTICLE 4 - EXECUTIVE DEPARTMENT
Article 4, Section 1 Executive power vested in governor;
term of governor.
The executive power shall be vested in a governor, who shall
hold his office for the term of four (4) years and until his
successor is elected and duly qualified.
Article 4, Section 2 Qualifications of governor.
No person shall be eligible to the office of governor unless he
be a citizen of the United States and a qualified elector of the
state, who has attained the age of thirty years, and who has
resided 5 years next preceding the election within the state or
territory, nor shall he be eligible to any other office during
the term for which he was elected.
Article 4, Section 3 Election of governor.
The governor shall be elected by the qualified electors of the
state at the time and place of choosing members of the
legislature. The person having the highest number of votes for
governor shall be declared elected, but if two or more shall
have an equal and highest number of votes for governor, the two
houses of the legislature at its next regular session shall
forthwith, by joint ballot, choose one of such persons for said
office. The returns of the election for governor shall be made
in such manner as shall be prescribed by law.
Article 4, Section 4 Powers and duties of governor
generally.
The governor shall be commander-in-chief of the military forces
of the state, except when they are called into the service of
the United States, and may call out the same to execute the
laws, suppress insurrection and repel invasion. He shall have
power to convene the legislature on extraordinary occasions. He
shall at the commencement of each session communicate to the
legislature by message, information of the condition of the
state, and recommend such measures as he shall deem expedient.
He shall transact all necessary business with the officers of
the government, civil and military. He shall expedite all such
measures as may be resolved upon by the legislature and shall
take care that the laws be faithfully executed.
Article 4, Section 5 Pardoning power of governor.
The governor shall have power to remit fines and forfeitures, to
grant reprieves, commutations and pardons after conviction, for
all offenses except treason and cases of impeachment; but the
legislature may by law regulate the manner in which the
remission of fines, pardons, commutations and reprieves may be
applied for. Upon conviction for treason he shall have power to
suspend the execution of sentence until the case is reported to
the legislature at its next regular session, when the
legislature shall either pardon, or commute the sentence, direct
the execution of the sentence or grant further reprieve. He
shall communicate to the legislature at each regular session
each case of remission of fine, reprieve, commutation or pardon
granted by him, stating the name of the convict, the crime for
which he was convicted, the sentence and its date, and the date
of the remission, commutation, pardon or reprieve with his
reasons for granting the same.
Article 4, Section 6 Acting governor.
If the governor be impeached, displaced, resign or die, or from
mental or physical disease or otherwise become incapable of
performing the duties of his office or be absent from the state,
the secretary of state shall act as governor until the vacancy
is filled or the disability removed.
Article 4, Section 7 When governor may fill vacancies in
office.
When any office from any cause becomes vacant, and no mode is
provided by the constitution or law for filling such vacancy,
the governor shall have the power to fill the same by
appointment.
Article 4, Section 8 Approval or veto of legislation by
governor; passage over veto.
Every bill which has passed the legislature shall, before it
becomes a law, be presented to the governor. If he approve, he
shall sign it; but if not, he shall return it with his
objections to the house in which it originated, which shall
enter the objections at large upon the journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of the
members elected agree to pass the bill, it shall be sent,
together with the objections, to the other house, by which it
shall likewise be reconsidered, and if it be approved by two-
thirds of the members elected, it shall become a law; but in all
such cases the vote of both houses shall be determined by the
yeas and nays, and the names of the members voting for and
against the bill shall be entered upon the journal of each house
respectively. If any bill is not returned by the governor within
three days (Sundays excepted) after its presentation to him, the
same shall be a law, unless the legislature by its adjournment,
prevent its return, in which case it shall be a law, unless he
shall file the same with his objections in the office of the
secretary of state within fifteen days after such adjournment.
Article 4, Section 9 Veto of items of appropriations.
The governor shall have power to disapprove of any item or items
or part or parts of any bill making appropriations of money or
property embracing distinct items, and the part or parts of the
bill approved shall be the law, and the item or items and part
or parts disapproved shall be void unless enacted in the
following manner: If the legislature be in session he shall
transmit to the house in which the bill originated a copy of the
item or items or part or parts thereof disapproved, together
with his objections thereto, and the items or parts objected to
shall be separately reconsidered, and each item or part shall
then take the same course as is prescribed for the passage of
bills over the executive veto.
Article 4, Section 10 Bribery or coercion of or by
governor.
Any governor of this state who asks, receives or agrees to
receive any bribe upon any understanding that his official
opinion, judgment or action shall be influenced thereby, or who
gives or offers, or promises his official influence in
consideration that any member of the legislature shall give his
official vote or influence on any particular side of any
question or matter upon which he is required to act in his
official capacity, or who menaces any member by the threatened
use of his veto power, or who offers or promises any member that
he, the governor, will appoint any particular person or persons
to any office created or thereafter to be created, in
consideration that any member shall give his official vote or
influence on any matter pending or thereafter to be introduced
into either house of said legislature; or who threatens any
member that he, the governor, will remove any person or persons
from office or position with intent in any manner to influence
the action of said members, shall be punished in the manner now
or that may hereafter be provided by law, and upon conviction
thereof shall forfeit all right to hold or exercise any office
of trust or honor in this state.
Article 4, Section 11 State officers; election;
qualifications; terms.
There shall be chosen by the qualified electors of the state at
the times and places of choosing members of the legislature, a
secretary of state, auditor, treasurer, and superintendent of
public instruction, who shall have attained the age of twenty-
five (25) years respectively, shall be citizens of the United
States, and shall have the qualifications of state electors.
They shall severally hold their offices at the seat of
government, for the term of four (4) years and until their
successors are elected and duly qualified. The legislature may
provide for such other state officers as are deemed necessary.
Article 4, Section 12 State officers; powers and duties.
The powers and duties of the secretary of state, of state
auditor, treasurer and superintendent of public instruction
shall be as prescribed by law.
Article 4, Section 13 Salaries of governor and other
elective state officers.
Until otherwise provided by law, the governor shall receive an
annual salary of two thousand and five hundred dollars, the
secretary of state, state auditor, state treasurer and
superintendent of public instruction shall each receive an
annual salary of two thousand dollars, and the salaries of any
of the said officers shall not be increased or diminished during
the period for which they were elected, and all fees and profits
arising from any of the said offices shall be covered into the
state treasury.
Article 4, Section 14 Examination of accounts.
The legislature shall provide by law for examination of the
accounts of state treasurer, supreme court clerks, district
court clerks, and all county treasurers, and treasurers of such
other public institutions as the legislature may prescribe.
Article 4, Section 15 Great seal of state.
There shall be a seal of state which shall be called the "Great
Seal of the State of Wyoming"; it shall be kept by the secretary
of state and used by him officially as directed by law.
The seal of the Territory of Wyoming as now used shall be the
seal of the state until otherwise provided by law.
ARTICLE 5 - JUDICIAL DEPARTMENT
Article 5, Section 1 How judicial power vested.
The judicial power of the state shall be vested in the senate,
sitting as a court of impeachment, in a supreme court, district
courts, and such subordinate courts as the legislature may, by
general law, establish and ordain from time to time.
Article 5, Section 2 Supreme court generally; appellate
jurisdiction.
The supreme court shall have general appellate jurisdiction, co-
extensive with the state, in both civil and criminal causes, and
shall have a general superintending control over all inferior
courts, under such rules and regulations as may be prescribed by
law.
Article 5, Section 3 Supreme court generally; original
jurisdiction.
The supreme court shall have original jurisdiction in quo
warranto and mandamus as to all state officers, and in habeas
corpus. The supreme court shall also have power to issue writs
of mandamus, review, prohibition, habeas corpus, certiorari, and
other writs necessary and proper to the complete exercise of its
appellate and revisory jurisdiction. Each of the judges shall
have power to issue writs of habeas corpus to any part of the
state upon petition by or on behalf of a person held in actual
custody, and may make such writs returnable before himself or
before the supreme court, or before any district court of the
state or any judge thereof.
Article 5, Section 4 Supreme court generally; number;
election of chief justice; quorum; vacancies in supreme court or
district court; judicial nominating commission; terms; standing
for retention in office.
(a) The supreme court of the state shall consist of not
less than three nor more than five justices as may be determined
by the legislature. The justices of the court shall elect one of
their number to serve as chief justice for such term and with
such authority as shall be prescribed by law. A majority of the
justices shall constitute a quorum, and a concurrence of a
majority of such quorum shall be sufficient to decide any
matter. If a justice of the supreme court for any reason shall
not participate in hearing any matter, the chief justice may
designate one of the district judges to act for such
nonparticipating justice.
(b) A vacancy in the office of justice of the supreme
court or judge of any district court or of such other courts
that may be made subject to this provision by law, shall be
filled by a qualified person appointed by the governor from a
list of three nominees that shall be submitted by the judicial
nominating commission. The commission shall submit such a list
not later than 60 days after the death, retirement, tender of
resignation, removal, failure of an incumbent to file a
declaration of candidacy or certification of a negative majority
vote on the question of retention in office under section
[subsection] (g) hereof. If the governor shall fail to make any
such appointment within 30 days from the day the list is
submitted to him, such appointment shall be made by the chief
justice from the list within 15 days.
(c) There shall be a judicial nominating commission for
the supreme court, district courts and any other courts to which
these provisions may be extended by law. The commission shall
consist of seven members, one of whom shall be the chief
justice, or a justice of the supreme court designated by the
chief justice to act for him, who shall be chairman thereof. In
addition to the chief justice, or his designee, three resident
members of the bar engaged in active practice shall be elected
by the Wyoming state bar and three electors of the state not
admitted to practice law shall be appointed by the governor to
serve on said commission for such staggered terms as shall be
prescribed by law. No more than two members of said commission
who are residents of the same judicial district may qualify to
serve any term or part of a term on the commission. In the case
of courts having less than statewide authority, each judicial
district not otherwise represented by a member on the
commission, and each county, should the provisions hereof be
extended by law to courts of lesser jurisdiction than district
courts, shall be represented by two nonvoting advisors to the
commission when an appointment to a court in such unrepresented
district, or county, is pending; both of such advisors shall be
residents of the district, or county, and one shall be a member
of the bar appointed by the governing body of the Wyoming state
bar and one shall be a nonattorney advisor appointed by the
governor.
(d) No member of the commission excepting the chairman
shall hold any federal, state or county public office or any
political party office, and after serving a full term he shall
not be eligible for reelection or reappointment to succeed
himself on the commission. No member of the judicial nominating
commission shall be eligible for appointment to any judicial
office while he is a member of the commission nor for a period
of one year after the expiration of his term for which he was
elected or appointed. Vacancies in the office of commissioner
shall be filled for the unexpired terms in the same manner as
the original appointments. Additional qualifications of members
of the commission may be prescribed by law.
(e) The chairman of the commission shall cast votes only
in the event of ties. The commission shall operate under rules
adopted by the supreme court. Members of the commission shall be
entitled to no compensation other than expenses incurred for
travel and subsistence while attending meetings of the
commission.
(f) The terms of supreme court justices shall be eight
years and the terms of district court judges shall be six years.
(g) Each justice or judge selected under these provisions
shall serve for one year after his appointment and until the
first Monday in January following the next general election
after the expiration of such year. He shall, at such general
election, stand for retention in office on a ballot which shall
submit to the appropriate electorate the question whether such
justice or judge shall be retained in office for another term or
part of a term, and upon filing a declaration of candidacy in
the form and at the times prescribed by law, he shall, at the
general election next held before the expiration of each term,
stand for retention on such ballots. The electorate of the whole
state shall vote on the question of retention or rejection of
justices of the supreme court, and any other statewide court;
the electorate of the several judicial districts shall vote on
the question of retention or rejection of judges of their
respective districts, and the electorate of such other
subdivisions of the state as shall be prescribed by law shall
vote on the question of retention or rejection of any other
judges to which these provisions may be extended.
(h) A justice or judge selected hereunder, or one that is
in office upon the effective date of this amendment, who shall
desire to retain his judicial office a succeeding term,
following the expiration of his existing term of office, shall
file with the appropriate office not more than 6 months nor less
than 3 months before the general election to be held before the
expiration of his existing term of office a declaration of
intent to stand for election for a succeeding term. When such a
declaration of intent is filed, the appropriate electorate shall
vote upon a nonpartisan judicial ballot on the question of
retention in or rejection from office of such justice or judge,
and if a majority of those voting on the question vote
affirmatively, the justice or judge shall be elected to serve
the succeeding term prescribed by law. If a justice or judge
fails to file such a declaration within the time specified, or
if a majority of those voting on the question vote negatively to
any judicial candidacy, a vacancy will thereby be created in
that office at the end of its existing term.
Article 5, Section 5 Voluntary retirement and compensation
of justices and judges.
Subject to the further provisions of this section, the
legislature shall provide for the voluntary retirement and
compensation of justices and judges of the supreme court and
district courts, and may do so for any other courts, on account
of length of service, age and disability, and for their
reassignment to active duty where and when needed. The office of
every such justice and judge shall become vacant when the
incumbent reaches the age of seventy (70) years, as the
legislature may prescribe; but, in the case of an incumbent
whose term of office includes the effective date of this
amendment, this provision shall not prevent him from serving the
remainder of said term nor be applicable to him before his
period or periods of judicial service shall have reached a total
of six (6) years. The legislature may also provide for benefits
for dependents of justices and judges.
Article 5, Section 6 Commission on judicial conduct and
ethics.
(a) There is hereby created the Commission on Judicial
Conduct and Ethics. The commission shall have twelve (12)
members who reside in Wyoming consisting of:
(i) Three (3) active Wyoming judges, who are not
members of the supreme court, elected by the full-time, active
Wyoming judges;
(ii) Three (3) members of the Wyoming state bar,
appointed by its governing body; and
(iii) Six (6) electors of the state, who are not
active or retired judges or attorneys, appointed by the governor
and confirmed by the senate.
(b) All terms shall be for three (3) years duration.
Members shall be eligible for reappointment to a second term.
(c) The commission shall divide itself into investigatory
and adjudicatory panels for each case considered. No commission
member may serve on an adjudicatory panel in any case in which
that member served in an investigatory capacity.
(d) The commission, or a panel thereof, shall consider
complaints of judicial misconduct made against judicial officers
and, to the extent permitted and as provided for by the code of
judicial conduct, may:
(i) Discipline a judicial officer; or
(ii) Recommend discipline of a judicial officer to
the supreme court or a special supreme court.
(e) The supreme court shall adopt a code of judicial
conduct applicable to all judicial officers and adopt rules
governing:
(i) The election of judges to the commission;
(ii) The staggering of terms, and the removal and
filling of vacancies of commission members;
(iii) The appointment of a special supreme court
composed of five (5) district judges who are not members of the
commission, to act in the place of the supreme court in any case
involving the discipline or disability of a justice of the
supreme court; and
(iv) Procedures for the operation of the commission
including exercise of the commission's disciplinary powers.
(f) The supreme court or special supreme court, on
recommendation of the commission or on its own motion may:
(i) Suspend a judicial officer without salary when
the judicial officer is charged with or is convicted in the
United States of a crime punishable as a felony or one involving
moral turpitude under Wyoming or federal law, and remove that
judicial officer in the event such conviction becomes final;
(ii) For any judicial officer removed from office,
order a forfeiture of any pension or retirement benefits accrued
after the offending conduct, except for those that have been
vested under the Wyoming retirement act or any local plan;
(iii) Suspend the judicial officer from practicing
law in this state; and
(iv) Remove a judicial officer from office or impose
other discipline permitted by the rules for judicial discipline
for conduct that constitutes willful misconduct in office, or
for a willful and persistent failure to perform the duties of
the office, or for habitual intemperance, or for conduct
prejudicial to the administration of justice that brings the
judicial office into disrepute, or for a violation of the code
of judicial conduct.
(g) The code of judicial conduct shall provide for the
mandatory retirement of a judicial officer for any disability
that seriously interferes with the performance of the duties of
the office and is, or is likely to become, permanent. A judicial
officer retired by the supreme court or a special supreme court
for a disability shall be considered to have retired voluntarily
without loss of retirement benefits.
(h) A judicial officer removed from office is ineligible
for any judicial office.
(j) This section applies to all judicial officers during
their service on the bench and to former judicial officers
regarding allegations of judicial misconduct occurring during
service on the bench if a complaint is made within one (1) year
following service. The term "judicial officer" includes all
members of the judicial branch of government performing judicial
functions.
Article 5, Section 7 Supreme court generally; terms of
court.
At least two terms of the supreme court shall be held annually
at the seat of government at such times as may be provided by
law.
Article 5, Section 8 Supreme court generally;
qualifications of justices.
No person shall be eligible to the office of justice of the
supreme court unless he be learned in the law, have been in
actual practice at least nine (9) years, or whose service on the
bench of any court of record, when added to the time he may have
practiced law, shall be equal to nine (9) years, be at least
thirty years of age and a citizen of the United States, nor
unless he shall have resided in this state or territory at least
three years.
Article 5, Section 9 Supreme court generally; clerk.
There shall be a clerk of the supreme court who shall be
appointed by the justices of said court and shall hold his
office during their pleasure, and whose duties and emoluments
shall be as provided by law.
Article 5, Section 10 District courts generally;
jurisdiction.
The district court shall have original jurisdiction of all
causes both at law and in equity and in all criminal cases, of
all matters of probate and insolvency and of such special cases
and proceedings as are not otherwise provided for. The district
court shall also have original jurisdiction in all cases and of
all proceedings in which jurisdiction shall not have been by law
vested exclusively in some other court; and said court shall
have the power of naturalization and to issue papers therefor.
They shall have such appellate jurisdiction in cases arising in
justices' and other inferior courts in their respective counties
as may be prescribed by law. Said courts and their judges shall
have power to issue writs of mandamus, quo warranto, review,
certiorari, prohibition, injunction and writs of habeas corpus,
on petition by or on behalf of any person in actual custody in
their respective districts.
Article 5, Section 11 District courts generally; judges to
hold court for each other.
The judges of the district courts may hold courts for each other
and shall do so when required by law.
Article 5, Section 12 District courts generally;
qualifications of judges.
No person shall be eligible to the office of judge of the
district court unless he be learned in the law, be at least
twenty-eight years of age, and a citizen of the United States,
nor unless he shall have resided within the State or Territory
of Wyoming at least two years next preceding his election.
Article 5, Section 13 District courts generally; clerks.
There shall be a clerk of the district court in each organized
county in which a court is holden who shall be elected, or, in
case of vacancy, appointed in such manner and with such duties
and compensation as may be prescribed by law.
Article 5, Section 14 District courts generally;
commissioners.
The legislature shall provide by law for the appointment by the
several district courts of one or more district court
commissioners (who shall be persons learned in the law) in each
organized county in which a district court is holden, such
commissioners shall have authority to perform such chamber
business in the absence of the district judge from the county or
upon his written statement filed with the papers, that it is
improper for him to act, as may be prescribed by law, to take
depositions and perform such other duties, and receive such
compensation as shall be prescribed by law.
Article 5, Section 15 Style of process.
The style of all process shall be "The State of Wyoming." All
prosecutions shall be carried on in the name and by the
authority of the State of Wyoming, and conclude "against the
peace and dignity of the State of Wyoming."
Article 5, Section 16 Supreme court judges limited to
judicial duties.
No duties shall be imposed by law upon the supreme court or any
of the judges thereof, except such as are judicial, nor shall
any of the judges thereof exercise any power of appointment
except as herein provided.
Article 5, Section 17 Salaries of judges of supreme and
district courts.
The judges of the supreme and district courts shall receive such
compensation for their services as may be prescribed by law,
which compensation shall not be increased or diminished during
the term for which a judge shall have been elected, and the
salary of a judge of the supreme or district court shall be as
may be prescribed by law; provided, however, that when any
legislative increase or decrease in the salary of the justices
or judges of such courts whose respective terms of office do not
expire at the same time, has heretofore or shall hereafter
become effective as to any member of such court, it shall be
effective from such date as to each of the members thereof.
Article 5, Section 18 Appeals from district courts to
supreme court.
Writs of error and appeals may be allowed from the decisions of
the district courts to the supreme court under such regulations
as may be prescribed by law.
Article 5, Section 19 State divided into districts;
election and terms of district judges.
Until otherwise provided by law, the state shall be divided into
three judicial districts, in each of which there shall be
elected at general elections, by the electors thereof, one judge
of the district court therein, whose term shall be six (6) years
from the first Monday in January succeeding his election and
until his successor is duly qualified.
Article 5, Section 20 Districts defined.
Until otherwise provided by law, said judicial districts shall
be constituted as follows: District number one shall consist of
the counties of Laramie, Converse and Crook. District number two
shall consist of the counties of Albany, Johnson and Sheridan.
District number three shall consist of the counties of Carbon,
Sweetwater, Uinta and Fremont.
Article 5, Section 21 Increase in number of districts and
judges.
The legislature may from time to time increase the number of
said judicial districts and the judges thereof, but such
increase or change in the boundaries of the district shall not
work the removal of any judge from his office during the term
for which he may have been elected or appointed; provided the
number of districts and district judges shall not exceed four
(4) until the valuation of taxable property in the state shall
be equal to one hundred million ($100,000,000) dollars.
Article 5, Section 22 Jurisdiction of justices of the
peace.
[Repealed.]
Article 5, Section 23 Appeals from justices' courts.
[Repealed.]
Article 5, Section 24 Terms of district courts; attaching
unorganized territory to organized counties.
The time of holding courts in the several counties of a district
shall be as prescribed by law, and the legislature shall make
provisions for attaching unorganized counties or territory to
organized counties for judicial purposes.
Article 5, Section 25 Judges of supreme and district
courts shall not practice.
No judge of the supreme or district court shall act as attorney
or counsellor at law.
Article 5, Section 26 Power to fix terms of court.
Until the legislature shall provide by law for fixing the terms
of courts, the judges of the supreme court and district courts
shall fix the terms thereof.
Article 5, Section 27 Judges of supreme and district
courts shall not hold other office.
No judge of the supreme or district court shall be elected or
appointed to any other than judicial offices or be eligible
thereto during the term for which he was elected or appointed
such judge.
Article 5, Section 28 Appeals from boards of arbitration.
Appeals from decisions of compulsory boards of arbitration shall
be allowed to the supreme court of the state, and the manner of
taking such appeals shall be prescribed by law.
Article 5, Section 29 Juvenile delinquency and domestic
relations courts.
The legislature may by general law provide for such juvenile
delinquency and domestic relations courts as may be needed, and
for the number, qualifications and election of judges of such
courts. Appeals shall lie in such cases and pursuant to such
regulations as may be prescribed by law. Such courts shall have
such jurisdiction as the legislature may by law provide.
ARTICLE 6 - SUFFRAGE AND ELECTIONS
Article 6, Section 1 Male and female citizens to enjoy
equal rights.
The rights of citizens of the State of Wyoming to vote and hold
office shall not be denied or abridged on account of sex. Both
male and female citizens of this state shall equally enjoy all
civil, political and religious rights and privileges.
Article 6, Section 2 Qualifications of electors.
Every citizen of the United States of the age of twenty-one
years and upwards, who has resided in the state or territory one
year and in the county wherein such residence is located sixty
days next preceding any election, shall be entitled to vote at
such election, except as herein otherwise provided.
Article 6, Section 3 Electors privileged from arrest.
Electors shall in all cases except treason, felony or breach of
the peace, be privileged from arrest on the days of election
during their attendance at elections, and going to and returning
therefrom.
Article 6, Section 4 Exemption of electors from military
duty.
No elector shall be obliged to perform militia duty on the day
of election, except in time of war or public danger.
Article 6, Section 5 Electors must be citizens of United
States.
No person shall be deemed a qualified elector of this state,
unless such person be a citizen of the United States.
Article 6, Section 6 What persons excluded from franchise.
All persons adjudicated to be mentally incompetent or persons
convicted of felonies, unless restored to civil rights, are
excluded from the elective franchise.
Article 6, Section 7 When residence not lost by reason of
absence.
No elector shall be deemed to have lost his residence in the
state, by reason of his absence on business of the United
States, or of this state, or in the military or naval service of
the United States.
Article 6, Section 8 Soldiers stationed in state not
considered residents.
No soldier, seaman, or marine in the army or navy of the United
States shall be deemed a resident of this state in consequence
of his being stationed therein.
Article 6, Section 9 Educational qualifications of
electors.
No person shall have the right to vote who shall not be able to
read the constitution of this state. The provisions of this
section shall not apply to any person prevented by physical
disability from complying with its requirements.
Article 6, Section 10 Alien suffrage.
Nothing herein contained shall be construed to deprive any
person of the right to vote who has such right at the time of
the adoption of this constitution, unless disqualified by the
restrictions of section six of this article. After the
expiration of five (5) years from the time of the adoption of
this constitution, none but citizens of the United States shall
have the right to vote.
Article 6, Section 11 Manner of holding elections.
All elections shall be by ballot. The legislature shall provide
by law that the names of all candidates for the same office, to
be voted for at any election, shall be printed on the same
ballot, at public expense, and on election day be delivered to
the voters within the polling place by sworn public officials,
and only such ballots so delivered shall be received and
counted. But no voter shall be deprived the privilege of writing
upon the ballot used the name of any other candidate. All voters
shall be guaranteed absolute privacy in the preparation of their
ballots, and the secrecy of the ballot shall be made compulsory.
Article 6, Section 12 Registration of voters required.
No person qualified to be an elector of the State of Wyoming,
shall be allowed to vote at any general or special election
hereafter to be holden in the state, until he or she shall have
registered as a voter according to law, unless the failure to
register is caused by sickness or absence, for which provisions
shall be made by law. The legislature of the state shall enact
such laws as will carry into effect the provisions of this
section, which enactment shall be subject to amendment, but
shall never be repealed; but this section shall not apply to the
first election held under this constitution.
Article 6, Section 13 Purity of elections to be provided
for.
The legislature shall pass laws to secure the purity of
elections, and guard against abuses of the elective franchise.
Article 6, Section 14 Election contests.
The legislature shall, by general law, designate the courts by
which the several classes of election contests not otherwise
provided for, shall be tried, and regulate the manner of trial
and all matters incident thereto; but no such law shall apply to
any contest arising out of an election held before its passage.
Article 6, Section 15 Qualifications for office.
No person except a qualified elector shall be elected or
appointed to any civil or military office in the state.
"Military office" shall be limited to the offices of adjutant
general, assistant adjutant general for the army national guard
and assistant adjutant general for the air national guard.
Article 6, Section 16 When officers to hold over;
suspension of officers.
Every person holding any civil office under the state or any
municipality therein shall, unless removed according to law,
exercise the duties of such office until his successor is duly
qualified, but this shall not apply to members of the
legislature, nor to members of any board or assembly, two or
more of whom are elected at the same time. The legislature may
by law provide for suspending any officer in his functions,
pending impeachment or prosecution for misconduct in office.
Article 6, Section 17 Time of holding general and special
elections; when elected officers to enter upon duties.
All general elections for state and county officers, for members
of the house of representatives and the senate of the State of
Wyoming, and representatives to the congress of the United
States, shall be held on the Tuesday next following the first
Monday in November of each even year. Special elections may be
held as now, or may hereafter be provided by law. All state and
county officers elected at a general election shall enter upon
their respective duties on the first Monday in January next
following the date of their election, or as soon thereafter as
may be possible.
Article 6, Section 18 Method of selecting officers whose
election is not provided for.
All officers, whose election is not provided for in this
constitution, shall be elected or appointed as may be directed
by law.
Article 6, Section 19 Dual office holding.
No member of congress from this state, nor any person holding or
exercising any office or appointment of trust or profit under
the United States, shall at the same time hold or exercise any
office in this state to which a salary, fees or perquisites
shall be attached. The legislature may by law declare what
offices are incompatible.
Article 6, Section 20 Oath of office; form.
Senators and representatives and all judicial, state and county
officers shall, before entering on the duties of their
respective offices, take and subscribe the following oath or
affirmation: "I do solemnly swear (or affirm) that I will
support, obey and defend the constitution of the United States,
and the constitution of the state of Wyoming; that I have not
knowingly violated any law related to my election or
appointment, or caused it to be done by others; and that I will
discharge the duties of my office with fidelity."
Article 6, Section 21 Oath of office; how administered.
The foregoing oath shall be administered by some person
authorized to administer oaths, and in the case of state
officers and judges of the supreme court shall be filed in the
office of the secretary of state, and in the case of other
judicial and county officers in the office of the clerk of the
county in which the same is taken; any person refusing to take
said oath or affirmation shall forfeit his office, and any
person who shall be convicted of having sworn or affirmed
falsely, or of having violated said oath or affirmation, shall
be guilty of perjury, and be forever disqualified from holding
any office of trust or profit within this state. The oath to
members of the senate and house of representatives shall be
administered by one of the judges of the supreme court or a
justice of the peace, in the hall of the house to which the
members shall be elected.
Article 6, Section 22 Absent voter ballots, voting and
registration.
The provisions of section 11 of article 6 of this constitution,
which provides that the ballots therein mentioned shall be
delivered on election day to the voters within the polling place
by sworn public officials, and that only such ballots so
delivered shall be received and counted, shall not be applicable
to, affect or invalidate absent voter ballots and voting thereof
and registration therefor, as provided by article 14, of chapter
36, Wyoming Revised Statutes, 1931, and other acts of the
legislature of the State of Wyoming, amendatory thereof or
related thereto, whether heretofore or hereafter enacted.
ARTICLE 7 - EDUCATION; STATE INSTITUTIONS; PROMOTION OF HEALTH
AND MORALS; PUBLIC BUILDINGS
Article 7, Section 1 Legislature to provide for public
schools.
The legislature shall provide for the establishment and
maintenance of a complete and uniform system of public
instruction, embracing free elementary schools of every needed
kind and grade, a university with such technical and
professional departments as the public good may require and the
means of the state allow, and such other institutions as may be
necessary.
Article 7, Section 2 School revenues.
The following are declared to be perpetual funds for school
purposes, of which the annual income only can be appropriated,
to wit: Such per centum as has been or may hereafter be granted
by congress on the sale of lands in this state; all moneys
arising from the sale or lease of sections number sixteen and
thirty-six in each township in the state, and the lands selected
or that may be selected in lieu thereof; the proceeds of all
lands that have been or may hereafter be granted to this state,
where by the terms and conditions of the grant, the same are not
to be otherwise appropriated; the net proceeds of lands and
other property and effects that may come to the state by escheat
or forfeiture, or from unclaimed dividends or distributive
shares of the estates of deceased persons; all moneys, stocks,
bonds, lands and other property now belonging to the common
school funds. Provided, that the rents for the ordinary use of
said lands shall be applied to the support of public schools
and, when authorized by general law, not to exceed thirty-three
and one-third (33 1/3) per centum of oil, gas, coal, or other
mineral royalties arising from the lease of any said school
lands may be so applied.
Article 7, Section 3 Other sources of school revenues.
To the sources of revenue above mentioned shall be added all
other grants, gifts and devises that have been or may hereafter
be made to this state and not otherwise appropriated by the
terms of the grant, gift or devise.
Article 7, Section 4 Restriction in use of revenues.
All money, stocks, bonds, lands and other property belonging to
a county school fund, except such moneys and property as may be
provided by law for current use in aid of public schools, shall
belong to and be invested by the several counties as a county
public school fund, in such manner as the legislature shall by
law provide, the income of which shall be appropriated
exclusively to the use and support of free public schools in the
several counties of the state.
Article 7, Section 5 Fines and penalties to belong to
public school fund.
All fines and penalties under general laws of the state shall
belong to the public school fund of the respective counties and
be paid over to the custodians of such funds for the current
support of the public schools therein.
Article 7, Section 6 State to keep school funds;
investment.
All funds belonging to the state for public school purposes, the
interest and income of which only are to be used, shall be
deemed trust funds in the care of the state, which shall keep
them for the exclusive benefit of the public schools. The
legislature shall provide by law for the investment of such
trust funds.
Article 7, Section 7 Application of school funds.
The income arising from the funds mentioned in the preceding
section, together with all the rents of the unsold school lands
and such other means as the legislature may provide, shall be
exclusively applied to the support of free schools in every
county in the state.
Article 7, Section 8 Distribution of school funds.
Provision shall be made by general law for the equitable
allocation of such income among all school districts in the
state. But no appropriation shall be made from said fund to any
district for the year in which a school has not been maintained
for at least three (3) months; nor shall any portion of any
public school fund ever be used to support or assist any private
school, or any school, academy, seminary, college or other
institution of learning controlled by any church or sectarian
organization or religious denomination whatsoever.
Article 7, Section 9 Taxation for schools.
The legislature shall make such further provision by taxation or
otherwise, as with the income arising from the general school
fund will create and maintain a thorough and efficient system of
public schools, adequate to the proper instruction of all youth
of the state, between the ages of six and twenty-one years, free
of charge; and in view of such provision so made, the
legislature shall require that every child of sufficient
physical and mental ability shall attend a public school during
the period between six and eighteen years for a time equivalent
to three years, unless educated by other means.
Article 7, Section 10 No discrimination between pupils.
In none of the public schools so established and maintained
shall distinction or discrimination be made on account of sex,
race or color.
Article 7, Section 11 Textbooks.
Neither the legislature nor the superintendent of public
instruction shall have power to prescribe text books to be used
in the public schools.
Article 7, Section 12 Sectarianism prohibited.
No sectarian instruction, qualifications or tests shall be
imparted, exacted, applied or in any manner tolerated in the
schools of any grade or character controlled by the state, nor
shall attendance be required at any religious service therein,
nor shall any sectarian tenets or doctrines be taught or favored
in any public school or institution that may be established
under this constitution.
Article 7, Section 13 Land commissioners.
[Superseded by Article 18, Section 3 as amended 1922.]
Article 7, Section 14 Supervision of schools entrusted to
state superintendent of public instruction.
The general supervision of the public schools shall be entrusted
to the state superintendent of public instruction, whose powers
and duties shall be prescribed by law.
Article 7, Section 15 Establishment of university
confirmed.
The establishment of the University of Wyoming is hereby
confirmed, and said institution, with its several departments,
is hereby declared to be the University of the State of Wyoming.
All lands which have been heretofore granted or which may be
granted hereafter by congress unto the university as such, or in
aid of the instruction to be given in any of its departments,
with all other grants, donations, or devises for said
university, or for any of its departments, shall vest in said
university, and be exclusively used for the purposes for which
they were granted, donated or devised. The said lands may be
leased on terms approved by the land commissioners, but may not
be sold on terms not approved by congress.
Article 7, Section 16 Tuition free.
The university shall be equally open to students of both sexes,
irrespective of race or color; and, in order that the
instruction furnished may be as nearly free as possible, any
amount in addition to the income from its grants of lands and
other sources above mentioned, necessary to its support and
maintenance in a condition of full efficiency shall be raised by
taxation or otherwise, under provisions of the legislature.
Article 7, Section 17 Government of university.
The legislature shall provide by law for the management of the
university, its lands and other property by a board of trustees,
consisting of not less than seven members, to be appointed by
the governor by and with the advice and consent of the senate,
and the president of the university, and the superintendent of
public instruction, as members ex officio, as such having the
right to speak, but not to vote. The duties and powers of the
trustees shall be prescribed by law.
Article 7, Section 18 Establishment of institutions.
Such charitable, reformatory and penal institutions as the
claims of humanity and the public good may require, shall be
established and supported by the state in such manner as the
legislature may prescribe. They shall be supervised as
prescribed by law.
Article 7, Section 19 Territorial institutions pass to
state.
The property of all charitable and penal institutions belonging
to the Territory of Wyoming shall, upon the adoption of this
constitution, become the property of the State of Wyoming, and
such of said institutions as are then in actual operation, shall
thereafter have the supervision of the board of charities and
reform as provided in the last preceding section of this
article, under provisions of the legislature.
Article 7, Section 20 Duty of legislature to protect and
promote health and morality of people.
As the health and morality of the people are essential to their
well-being, and to the peace and permanence of the state, it
shall be the duty of the legislature to protect and promote
these vital interests by such measures for the encouragement of
temperance and virtue, and such restrictions upon vice and
immorality of every sort, as are deemed necessary to the public
welfare.
Article 7, Section 21 Buildings and property of territory
pass to state.
All public buildings and other property, belonging to the
territory shall, upon the adoption of this constitution, become
the property of the State of Wyoming.
Article 7, Section 22 Construction and supervision.
The construction, care and preservation of all public buildings
of the state not under the control of the board or officers of
public institutions by authority of law shall be entrusted to
such officers or boards, and under such regulations as shall be
prescribed by law.
Article 7, Section 23 Permanent location.
The legislature shall have no power to change or to locate the
seat of government, the state university, or state hospital, but
may provide by law for submitting the question of the permanent
locations thereof respectively, to the qualified electors of the
state, at some general election, and a majority of all votes
upon said question cast at said election, shall be necessary to
determine the location thereof; but until the same are
respectively and permanently located, as herein provided, the
location of the seat of government and said institutions shall
be as follows: The seat of government shall be located at the
City of Cheyenne, in the County of Laramie. The state
university shall be centered at the City of Laramie, in the
County of Albany. The state hospital shall be located at or
near the City of Evanston, in the County of Uinta. A
penitentiary shall be located at or near the City of Rawlins, in
the County of Carbon. The legislature may provide by law the
location of other public institutions, including correctional
facilities.
ARTICLE 8 - IRRIGATION AND WATER RIGHTS
Article 8, Section 1 Water is state property.
The water of all natural streams, springs, lakes or other
collections of still water, within the boundaries of the state,
are hereby declared to be the property of the state.
Article 8, Section 2 Board of control.
There shall be constituted a board of control, to be composed of
the state engineer and superintendents of the water divisions;
which shall, under such regulations as may be prescribed by law,
have the supervision of the waters of the state and of their
appropriation, distribution and diversion, and of the various
officers connected therewith. Its decisions to be subject to
review by the courts of the state.
Article 8, Section 3 Priority of appropriation.
Priority of appropriation for beneficial uses shall give the
better right. No appropriation shall be denied except when such
denial is demanded by the public interests.
Article 8, Section 4 Water divisions.
The legislature shall by law divide the state into four (4)
water divisions, and provide for the appointment of
superintendents thereof.
Article 8, Section 5 State engineer.
There shall be a state engineer who shall be appointed by the
governor of the state and confirmed by the senate; he shall hold
his office for the term of six (6) years, or until his successor
shall have been appointed and shall have qualified. He shall be
president of the board of control, and shall have general
supervision of the waters of the state and of the officers
connected with its distribution. No person shall be appointed to
this position who has not such theoretical knowledge and such
practical experience and skill as shall fit him for the
position.
ARTICLE 9 - MINES AND MINING
Article 9, Section 1 Inspector of mines.
There shall be established and maintained the office of
inspector of mines, the duties of which shall be prescribed by
law.
Article 9, Section 2 Legislature to enact regulatory laws.
The legislature shall provide by law for the proper development,
ventilation, drainage and operation of all mines in this state.
Article 9, Section 3 Restrictions on employment in mines.
[Repealed November 7, 1978.]
Article 9, Section 4 Right of action for injuries.
For any injury to person or property caused by wilful failure to
comply with the provisions of this article, or laws passed in
pursuance hereof, a right of action shall accrue to the party
injured, for the damage sustained thereby, and in all cases in
this state, whenever the death of a person shall be caused by
wrongful act, neglect or default, such as would, if death had
not ensued, have entitled the party injured to maintain an
action to recover damages in respect thereof, the person who, or
the corporation which would have been liable, if death had not
ensued, shall be liable to an action for damages notwithstanding
the death of the person injured, and the legislature shall
provide by law at its first session for the manner in which the
right of action in respect thereto shall be enforced.
Article 9, Section 5 School of mines.
The legislature may provide that the science of mining and
metallurgy be taught in one of the institutions of learning
under the patronage of the state.
Article 9, Section 6 State geologist.
[Repealed.]
ARTICLE 10 - CORPORATIONS
Article 10, Section 1 Creation.
The legislature shall provide for the organization of
corporations by general law. All laws relating to corporations
may be altered, amended or repealed by the legislature at any
time when necessary for the public good and general welfare, and
all corporations doing business in this state may as to such
business be regulated, limited or restrained by law not in
conflict with the constitution of the United States.
Article 10, Section 2 Control by state.
All powers and franchises of corporations are derived from the
people and are granted by their agent, the government, for the
public good and general welfare, and the right and duty of the
state to control and regulate them for these purposes is hereby
declared. The power, rights and privileges of any and all
corporations may be forfeited by willful neglect or abuse
thereof. The police power of the state is supreme over all
corporations as well as individuals.
Article 10, Section 3 Forfeited charters.
[Executed.]
Article 10, Section 4 Damages for personal injuries or
death; worker's compensation.
(a) No law shall be enacted limiting the amount of damages
to be recovered for causing the injury or death of any person.
(b) Any section of this constitution to the contrary
notwithstanding, for any civil action where a person alleges
that a health care provider's act or omission in the provision
of health care resulted in death or injury, the legislature may
by general law:
(i) Mandate alternative dispute resolution or review
by a medical review panel before the filing of a civil action
against the health care provider.
(c) Any contract or agreement with any employee waiving
any right to recover damages for causing the death or injury of
any employee shall be void. As to all extrahazardous
employments the legislature shall provide by law for the
accumulation and maintenance of a fund or funds out of which
shall be paid compensation as may be fixed by law according to
proper classifications to each person injured in such employment
or to the dependent families of such as die as the result of
such injuries, except in case of injuries due solely to the
culpable negligence of the injured employee. The fund or funds
shall be accumulated, paid into the state treasury and
maintained in such manner as may be provided by law. Monies in
the fund shall be expended only for compensation authorized by
this section, for administration and management of the Worker's
Compensation Act, debt service related to the fund and for
workplace safety programs conducted by the state as authorized
by law. The right of each employee to compensation from the
fund shall be in lieu of and shall take the place of any and all
rights of action against any employer contributing as required
by law to the fund in favor of any person or persons by reason
of the injuries or death. Subject to conditions specified by
law, the legislature may allow employments not designated
extrahazardous to be covered by the state fund at the option of
the employer. To the extent an employer elects to be covered by
the state fund and contributes to the fund as required by law,
the employer shall enjoy the same immunity as provided for
extrahazardous employments.
Article 10, Section 5 Acceptance of constitution.
No corporation organized under the laws of Wyoming Territory or
any other jurisdiction than this state, shall be permitted to
transact business in this state until it shall have accepted the
constitution of this state and filed such acceptance in
accordance with the laws thereof.
Article 10, Section 6 Engaging in more than one line of
business.
Corporations shall have power to engage in such and as many
lines or departments of business as the legislature shall
provide.
Article 10, Section 7 What corporations are common
carriers.
All corporations engaged in the transportation of persons,
property, mineral oils, and minerals products, news or
intelligence, including railroads, telegraphs, express
companies, pipe lines and telephones, are declared to be common
carriers.
Article 10, Section 8 Trusts prohibited.
There shall be no consolidation or combination of corporations
of any kind whatever to prevent competition, to control or
influence productions or prices thereof, or in any other manner
to interfere with the public good and general welfare.
Article 10, Section 9 Eminent domain.
The right of eminent domain shall never be so abridged or
construed as to prevent the legislature from taking property and
franchises of incorporated companies and subjecting them to
public use the same as the property of individuals.
Article 10, Section 10 Mutual and co-operative
associations.
The legislature shall provide by suitable legislation for the
organization of mutual and co-operative associations or
corporations.
Article 10, Section 11 Powers and rights of railroads.
Any railroad corporation or association organized for the
purpose, shall have the right to construct and operate a
railroad between any points within this state and to connect at
the state line with railroads of other states. Every railroad
shall have the right with its road to intersect, connect with or
cross any other railroad, and all railroads shall receive and
transport each other's passengers, and tonnage and cars, loaded
or empty, without delay or discrimination.
Article 10, Section 12 Discrimination by railroads and
telegraph lines forbidden.
Railroad and telegraph lines heretofore constructed or that may
hereafter be constructed in this state are hereby declared
public highways and common carriers, and as such must be made by
law to extend the same equality and impartiality to all who use
them, excepting employees and their families and ministers of
the gospel, whether individuals or corporations.
Article 10, Section 13 Railroads to make annual reports to
state auditor.
Every railroad corporation or association operating a line of
railroad within this state shall annually make a report to the
auditor of state of its business within this state, in such form
as the legislature may prescribe.
Article 10, Section 14 Eminent domain.
Exercise of the power and right of eminent domain shall never be
so construed or abridged as to prevent the taking by the
legislature of property and franchises of incorporated companies
and subjecting them to public use the same as property of
individuals.
Article 10, Section 15 Aid to railroads and telegraph
lines prohibited.
Neither the state, nor any county, township, school district or
municipality shall loan or give its credit or make donations to
or in aid of any railroad or telegraph line; provided, that this
section shall not apply to obligations of any county, city,
township or school district, contracted prior to the adoption of
this constitution.
Article 10, Section 16 Acceptance of constitution by
existing railroad, transportation and telegraph companies.
No railroad or other transportation company or telegraph company
in existence upon the adoption of this constitution shall derive
the benefit of any future legislation without first filing in
the office of the secretary of state an acceptance of the
provisions of this constitution.
Article 10, Section 17 Rights of telegraph companies.
Any association, corporation or lessee of the franchises thereof
organized for the purpose shall have the right to construct and
maintain lines of telegraph within this state, and to connect
the same with other lines.
Article 10, Section 18 Foreign railroad or telegraph
company must have agent for service of process.
No foreign railroad or telegraph line shall do any business
within this state without having an agent or agents within each
county through which such railroad or telegraph line shall be
constructed upon whom process may be served.
Article 10, Section 19 Location of depots.
No railroad company shall construct or operate a railroad within
four (4) miles of any existing town or city without providing a
suitable depot or stopping place at the nearest practicable
point for the convenience of said town or city, and stopping all
trains doing local business at said stopping place. No railroad
company shall deviate from the most direct practicable line in
constructing a railroad for the purpose of avoiding the
provisions of this section.
ARTICLE 11 - BOUNDARIES
Article 11, Section 1 State boundaries.
The boundaries of the State of Wyoming shall be as follows:
Commencing at the intersection of the twenty-seventh meridian of
longitude west from Washington with the forty-fifth degree of
north latitude, and running thence west to the thirty-fourth
meridian of west longitude, thence south to the forty-first
degree of north latitude, thence east to the twenty-seventh
meridian of west longitude, and thence north to the place of
beginning.
ARTICLE 12 - COUNTY ORGANIZATION
Article 12, Section 1 Existing counties remain such.
The several counties in the Territory of Wyoming as they shall
exist at the time of the admission of said territory as a state,
are hereby declared to be counties of the State of Wyoming.
Article 12, Section 2 Organization of new counties.
The legislature shall provide by general law for organizing new
counties, locating the county seats thereof temporarily and
changing county lines. But no new county shall be formed unless
it shall contain within the limits thereof property of the
valuation of two million dollars, as shown by last preceding tax
returns, and not then unless the remaining portion of the old
county or counties shall each contain property of at least three
million dollars of assessable valuation; and no new county shall
be organized nor shall any organized county be so reduced as to
contain a population of less than one thousand five hundred bona
fide inhabitants, and in case any portion of an organized county
or counties is stricken off to form a new county, the new county
shall assume and be holden for an equitable proportion of the
indebtedness of the county or counties so reduced. No county
shall be divided unless a majority of the qualified electors of
the territory proposed to be cut off voting on the proposition
shall vote in favor of the division.
Article 12, Section 3 Changing county seats.
The legislature shall provide by general law for changing county
seats in organized counties, but it shall have no power to
remove the county seat of any organized county.
Article 12, Section 4 Township organization.
The legislature shall provide by general law for a system of
township organization and government, which may be adopted by
any county whenever a majority of the citizens thereof voting at
a general election shall so determine.
Article 12, Section 5 County officers.
The legislature shall provide by law for the election of such
county officers as may be necessary.
ARTICLE 13 - MUNICIPAL CORPORATIONS
Article 13, Section 1 Incorporation; alteration of
boundaries; merger; consolidation; dissolution; determination of
local affairs; classification; referendum; liberal construction.
(a) The legislature shall provide by general law,
applicable to all cities and towns,
(i) For the incorporation of cities,
(ii) For the methods by which city and town
boundaries may be altered, and
(iii) For the procedures by which cities and towns
may be merged, consolidated or dissolved; provided that existing
laws on such subjects and laws pertaining to civil service,
retirement, collective bargaining, the levying of taxes,
excises, fees, or any other charges, whether or not applicable
to all cities and towns on the effective date of this amendment,
shall remain in effect until superseded by general law and such
existing laws shall not be subject to charter ordinance.
(b) All cities and towns are hereby empowered to determine
their local affairs and government as established by ordinance
passed by the governing body, subject to referendum when
prescribed by the legislature, and further subject only to
statutes uniformly applicable to all cities and towns, and to
statutes prescribing limits of indebtedness. The levying of
taxes, excises, fees, or any other charges shall be prescribed
by the legislature. The legislature may not establish more than
four (4) classes of cities and towns. Each city and town shall
be governed by all other statutes, except as it may exempt
itself by charter ordinance as hereinafter provided.
(c) Each city or town may elect that the whole or any part
of any statute, other than statutes uniformly applicable to all
cities and towns and statutes prescribing limits of
indebtedness, may not apply to such city or town. This exemption
shall be by charter ordinance passed by a two-thirds (2/3) vote
of all members elected to the governing body of the city or
town. Each such charter ordinance shall be titled and may
provide that the whole or any part of any statute, which would
otherwise apply to such city or town as specifically designated
in the ordinance shall not apply to such city or town. Such
ordinance may provide other provisions on the same subject.
Every charter ordinance shall be published once each week for
two consecutive weeks in the official city or town newspaper, if
any, otherwise in a newspaper of general circulation in the city
or town. No charter ordinance shall take effect until the
sixtieth (60th) day after its final publication. If prior
thereto, a petition, signed by a number of qualified electors of
the city or town, equaling at least ten per cent (10%) of the
number of votes cast at the last general municipal election,
shall be filed in the office of the clerk of such city or town,
demanding that such ordinance be submitted to referendum, then
the ordinance shall not take effect unless approved by a
majority of the electors voting thereon. Such referendum
election shall be called within thirty (30) days and held within
ninety (90) days after the petition is filed. An ordinance
establishing procedures, and fixing the date of such election
shall be passed by the governing body and published once each
week for three (3) consecutive weeks in the official city or
town newspaper, if any, otherwise in a newspaper of general
circulation in the city or town. The question on the ballot
shall be: "Shall Charter Ordinance No. .... Entitled (stating
the title of the ordinance) take effect?". The governing body
may submit, without a petition, any charter ordinance to
referendum election under the procedures as previously set out.
The charter ordinance shall take effect if approved by a
majority of the electors voting thereon. An approved charter
ordinance, after becoming effective, shall be recorded by the
clerk in a book maintained for that purpose with a certificate
of the procedures of adoption. A certified copy of the ordinance
shall be filed with the secretary of state, who shall keep an
index of such ordinances. Each charter ordinance enacted shall
prevail over any prior act of the governing body of the city or
town, and may be repealed or amended only by subsequent charter
ordinance, or by enactments of the legislature applicable to all
cities and towns.
(d) The powers and authority granted to cities and towns,
pursuant to this section, shall be liberally construed for the
purpose of giving the largest measure of self-government to
cities and towns.
Article 13, Section 2 Consent of electors necessary.
No municipal corporation shall be organized without the consent
of the majority of the electors residing within the district
proposed to be so incorporated, such consent to be ascertained
in the manner and under such regulations as may be prescribed by
law.
Article 13, Section 3 Restriction on powers to levy taxes
and contract debts.
The legislature shall restrict the powers of such corporations
to levy taxes and assessments, to borrow money and contract
debts so as to prevent the abuse of such power, and no tax or
assessment shall be levied or collected or debts contracted by
municipal corporations except in pursuance of law for public
purposes specified by law.
Article 13, Section 4 Franchises.
No street passenger railway, telegraph, telephone or electric
light line shall be constructed within the limits of any
municipal organization without the consent of its local
authorities.
Article 13, Section 5 Acquisition of water rights.
Municipal corporations shall have the same right as individuals
to acquire rights by prior appropriation and otherwise to the
use of water for domestic and municipal purposes, and the
legislature shall provide by law for the exercise upon the part
of incorporated cities, towns and villages of the right of
eminent domain for the purpose of acquiring from prior
appropriators upon the payment of just compensation, such water
as may be necessary for the well being thereof and for domestic
uses.
ARTICLE 14 - PUBLIC OFFICERS
Article 14, Section 1 Stated salaries to be paid.
All state, city, county, town and school officers, (excepting
justices of the peace and constables in precincts having less
than fifteen hundred population, and excepting court
commissioners, boards of arbitration and notaries public) shall
be paid fixed and definite salaries. The legislature shall, from
time to time, fix the amount of such salaries as are not already
fixed by this constitution, which shall in all cases be in
proportion to the value of the services rendered and the duty
performed.
Article 14, Section 2 Fees.
The legislature shall provide by law the fees which may be
demanded by justices of the peace and constables in precincts
having less than fifteen hundred population, and of court
commissioners, boards of arbitration and notaries public, which
fees the said officers shall accept as their full compensation.
But all other state, county, city, town and school officers
shall be required by law to keep a true and correct account of
all fees collected by them, and to pay the same into the proper
treasury when collected, and the officer whose duty it is to
collect such fees shall be held responsible, under his bond, for
neglect to collect the same.
Article 14, Section 3 Legislature to designate county
offices and fix salaries of county officers.
The legislature shall by law designate county offices and shall,
from time to time, fix the salaries of county officers, which
shall in all cases be in proportion to the value of the services
rendered and the duties performed.
Article 14, Section 4 Deputies.
The legislature shall provide by general law for such deputies
as the public necessities may require, and shall fix their
compensation.
Article 14, Section 5 Who are county officers referred to
by section 3.
Any county officers performing the duties usually performed by
the officers named in this article shall be considered as
referred to by section 3 of this article, regardless of the
title by which their offices may hereafter be designated.
Article 14, Section 6 Consolidation of offices.
Whenever practicable the legislature may, and whenever the same
can be done without detriment to the public service, shall
consolidate offices in state, county and municipalities
respectively, and whenever so consolidated, the duties of such
additional office shall be performed under an ex officio title.
ARTICLE 15 - TAXATION AND REVENUE
Article 15, Section 1 Assessment of lands and improvements
thereon.
All lands and improvements thereon shall be listed for
assessment, valued for taxation and assessed separately.
Article 15, Section 2 Assessment of coal lands.
All coal lands in the state from which coal is not being mined
shall be listed for assessment, valued for taxation and assessed
according to value.
Article 15, Section 3 Taxation of mines and mining claims.
All mines and mining claims from which gold, silver and other
precious metals, soda, saline, coal, mineral oil or other
valuable deposit, is or may be produced shall be taxed in
addition to the surface improvements, and in lieu of taxes on
the lands, on the gross product thereof, as may be prescribed by
law; provided, that the product of all mines shall be taxed in
proportion to the value thereof.
Article 15, Section 4 State levy limited.
For state revenue, there shall be levied annually a tax not to
exceed four mills on the dollar of the assessed valuation of the
property in the state except for the support of state
educational and charitable institutions, the payment of the
state debt and the interest thereon.
Article 15, Section 5 County levies limited.
For county revenue, there shall be levied annually a tax not to
exceed twelve mills on the dollar for all purposes including
general school tax, exclusive of state revenue, except for the
payment of its public debt and the interest thereon.
Article 15, Section 6 City levies limited.
No incorporated city or town shall levy a tax to exceed eight
mills on the dollar in any one year, except for the payment of
its public debt and the interest thereon.
Article 15, Section 7 Depositories for public moneys.
All money belonging to the state or to any county, city, town,
village or other subdivision therein, except as herein otherwise
provided, shall, whenever practicable, be deposited in a
national bank or banks or in a bank or banks incorporated under
the laws of this state; provided, that the bank or banks in
which such money is deposited shall furnish security to be
approved as provided by law; and provided further, that such
bank or banks shall pay the same rate of interest on any money
so deposited therein on time certificates of deposit by the
legal custodian or custodians of any such public moneys as such
bank or banks pay on time certificates of deposit of private
depositors, and the custodian or custodians of any such public
moneys shall be authorized to deposit same under time
certificates of deposit as may be provided by law. Such interest
shall accrue to the fund from which it is derived.
Article 15, Section 8 Profit making from public funds
prohibited.
The making of profit, directly or indirectly, out of state,
county, city, town or school district money or other public
fund, or using the same for any purpose not authorized by law,
by any public officer, shall be deemed a felony, and shall be
punished as provided by law.
Article 15, Section 9 Legislature to provide for state
board of equalization.
The legislature shall provide by law for a state board of
equalization.
Article 15, Section 10 Duties of state board of
equalization.
The duties of the state board shall be to equalize the valuation
on all property in the several counties and such other duties as
may be prescribed by law.
Article 15, Section 11 Uniformity of assessment required.
(a) All property, except as in this constitution otherwise
provided, shall be uniformly valued at its full value as defined
by the legislature, in three (3) classes as follows:
(i) Gross production of minerals and mine products in
lieu of taxes on the land where produced;
(ii) Property used for industrial purposes as defined
by the legislature; and
(iii) All other property, real and personal.
(b) The legislature shall prescribe the percentage of
value which shall be assessed within each designated class. All
taxable property shall be valued at its full value as defined by
the legislature except agricultural and grazing lands which
shall be valued according to the capability of the land to
produce agricultural products under normal conditions. The
percentage of value prescribed for industrial property shall not
be more than forty percent (40%) higher nor more than four (4)
percentage points more than the percentage prescribed for
property other than minerals.
(c) The legislature shall not create new classes or
subclasses or authorize any property to be assessed at a rate
other than the rates set for authorized classes.
(d) All taxation shall be equal and uniform within each
class of property. The legislature shall prescribe such
regulations as shall secure a just valuation for taxation of all
property, real and personal.
Article 15, Section 12 Exemptions from taxation.
The property of the United States, the state, counties, cities,
towns, school districts and municipal corporations, when used
primarily for a governmental purpose, and public libraries, lots
with the buildings thereon used exclusively for religious
worship, church parsonages, church schools and public
cemeteries, shall be exempt from taxation, and such other
property as the legislature may by general law provide.
Article 15, Section 13 Tax must be authorized by law; law
to state object.
No tax shall be levied, except in pursuance of law, and every
law imposing a tax shall state distinctly the object of the
same, to which only it shall be applied.
Article 15, Section 14 Surrender of taxing power
prohibited.
The power of taxation shall never be surrendered or suspended by
any grant or contract to which the state or any county or other
municipal corporation shall be a party.
Article 15, Section 15 State tax for support of public
schools.
For the support of the public schools in the state there may be
levied each year a state tax not exceeding twelve mills on the
dollar of the assessed valuation of the property in the state.
Article 15, Section 16 Disposition of fees, excises and
license taxes on vehicles and gasoline.
No moneys derived from fees, excises, or license taxes levied by
the state and exclusive of registration fees and licenses or
excise taxes imposed by a county or municipality, relating to
registration, operation or use of vehicles on public highways,
streets or alleys, or to fuels used for propelling such
vehicles, shall be expended for other than cost of administering
such laws, statutory refunds and adjustments allowed therein,
payment of highway obligations, costs for construction,
reconstruction, maintenance and repair of public highways,
county roads, bridges, and streets, alleys and bridges in cities
and towns, and expense of enforcing state traffic laws.
Article 15, Section 17 County levy for support and
maintenance of public schools.
There shall be levied each year in each county of the state a
tax of not to exceed six (6) mills on the dollar of the assessed
valuation of the property in each county for the support and
maintenance of the public schools. This tax shall be collected
by the county treasurer and disbursed among the school districts
within the county as the legislature shall provide. The
legislature may authorize boards of trustees of school districts
to levy a special tax on the property of the district. The
legislature may also provide for the distribution among one (1)
or more school districts of any revenue from the special school
district property tax in excess of a state average yield, which
shall be calculated each year, per average daily membership.
Article 15, Section 18 Full tax credit allowed against any
liability arising from a tax on income.
No tax shall be imposed upon income without allowing full credit
against such tax liability for all sales, use, and ad valorem
taxes paid in the taxable year by the same taxpayer to any
taxing authority in Wyoming.
Article 15, Section 19 Mineral excise tax; distribution.
The Legislature shall provide by law for an excise tax on the
privilege of severing or extracting minerals, of one and one-
half percent (1 1/2%) on the value of the gross product
extracted. The minerals subject to such excise tax shall be
coal, petroleum, natural gas, oil shale, and such other minerals
as may be designated by the Legislature. Such tax shall be in
addition to any other excise, severance or ad valorem tax. The
proceeds from such tax shall be deposited in the Permanent
Wyoming Mineral Trust Fund. The fund, including all monies
deposited in the fund from whatever source, shall remain
inviolate. The monies in the fund shall be invested as
prescribed by the Legislature and all income from fund
investments shall be deposited by the State Treasurer in the
general fund on an annual basis. The Legislature may also
specify by law, conditions and terms under which monies in the
fund may be loaned to political subdivisions of the state.
Article 15, Section 20 Higher education trust funds;
investments; earnings.
The legislature may from time to time place monies into
endowment funds for higher education scholarships and for
improving the quality of higher education, which funds shall
remain inviolate. The earnings of the funds shall be used for
the purposes specified in this section, but the legislature may
from time to time by law regulate the manner in which the
earnings are expended. The legislature may also provide for use
of the earnings to protect the funds from inflation and to even
fluctuations in earnings over time. The funds may be invested
in the same manner as other permanent funds of the state.
ARTICLE 16 - PUBLIC INDEBTEDNESS
Article 16, Section 1 Limitation on state debt.
The State of Wyoming shall not, in any manner, create any
indebtedness exceeding one per centum on the assessed value of
the taxable property in the state, as shown by the last general
assessment for taxation, preceding; except to suppress
insurrection or to provide for the public defense.
Article 16, Section 2 Creation of state debt in excess of
taxes for current year.
No debt in excess of the taxes for the current year, shall in
any manner be created in the State of Wyoming, unless the
proposition to create such debt shall have been submitted to a
vote of the people and by them approved; except to suppress
insurrection or to provide for the public defense.
Article 16, Section 3 Limitation on county debt.
No county in the State of Wyoming shall in any manner create any
indebtedness, exceeding two per centum on the assessed value of
taxable property in such county, as shown by the last general
assessment, preceding; provided, however, that any county, city,
town, village or other subdivision thereof in the State of
Wyoming, may bond its public debt existing at the time of the
adoption of this constitution, in any sum not exceeding four per
centum on the assessed value of the taxable property in such
county, city, town, village or other subdivision, as shown by
the last general assessment for taxation.
Article 16, Section 4 Creation of county or municipal debt
in excess of taxes for current year.
No debt in excess of the taxes for the current year shall, in
any manner, be created by any county or subdivision thereof, or
any city, town or village, or any subdivision thereof in the
State of Wyoming, unless the proposition to create such debt
shall have been submitted to a vote of the people thereof and by
them approved.
Article 16, Section 5 Limitation on municipal, county or
school district debt.
No city or town shall in any manner create any indebtedness
exceeding four per cent (4%) of the assessed value of the
taxable property therein, except that an additional indebtedness
of four per cent (4%) of the assessed value of the taxable
property therein may be created for sewage disposal systems.
Indebtedness created for supplying water to cities or towns is
excepted from the limitation herein.
No county shall in any manner create any indebtedness exceeding
two per cent (2%) of the taxable property therein.
No school district shall in any manner create any indebtedness
exceeding ten per cent (10%) on the assessed value of the
taxable property therein for the purpose of acquiring land,
erection, enlarging and equipping of school buildings.
All limitations herein shall refer to the last preceding general
assessment.
Article 16, Section 6 Loan of credit; donations
prohibited; investment of funds; works of internal improvement.
(a) Neither the state nor any county, city, township,
town, school district, or any other political subdivision,
shall:
(i) Loan or give its credit or make donations to or
in aid of any individual, association or corporation, except for
necessary support of the poor; or
(ii) Subscribe to or become the owner of the capital
stock of any association or corporation, except that:
(A) Funds of public employee retirement systems
and the permanent funds of the state of Wyoming may be invested
in such stock under conditions the legislature prescribes;
(B) The legislature may provide by law for the
investment of funds not designated as permanent funds of the
state in the capital stock of any association or corporation and
may designate which of these funds may be invested. The
legislature may prescribe different investment conditions for
each fund. Any legislation establishing or increasing the
percentage of any fund that may be invested under this
subparagraph shall be passed only by a two-thirds (2/3) vote of
all the members of each of the two (2) houses voting separately;
(C) The legislature may provide by law for the
investment of county, city, township, town, school district, or
any other political subdivision's funds in the capital stock of
any association or corporation and may designate which of these
funds may be invested. The legislature may prescribe different
investment conditions for each type and class of political
subdivision and for each type of fund. Any legislation
establishing or increasing the percentage of any fund that may
be invested under this subparagraph shall be passed only by a
two-thirds (2/3) vote of all the members of each of the two (2)
houses voting separately.
(b) The state shall not engage in any work of internal
improvement unless authorized by a two-thirds (2/3) vote of the
people.
Article 16, Section 7 Payments of public money.
No money shall be paid out of the state treasury except upon
appropriation by law and on warrant drawn by the proper officer,
and no bills, claims, accounts or demands against the state, or
any county or political subdivision, shall be audited, allowed
or paid until a full itemized statement in writing, certified to
under penalty of perjury, shall be filed with the officer or
officers whose duty it may be to audit the same.
Article 16, Section 8 Endorsements required on bonds and
other evidences of indebtedness.
No bond or evidence of indebtedness of the state shall be valid
unless the same shall have endorsed thereon a certificate signed
by the auditor and secretary of state that the bond or evidence
of debt is issued pursuant to law and is within the debt limit.
No bond or evidence of debt of any county, or bond of any
township or other political subdivision, shall be valid unless
the same [shall] have endorsed thereon a certificate signed by
the county auditor or other officer authorized by law to sign
such certificate, stating that said bond or evidence of debt is
issued pursuant to law and is within the debt limit.
Article 16, Section 9 Construction and improvement of
public roads and highways.
The provision of section 6 of article 16 of this constitution
prohibiting the state from engaging in any work of internal
improvement unless authorized by a two-thirds vote of the people
shall not apply to or affect the construction or improvement of
public roads and highways; but the legislature shall have power
to provide for the construction and improvement of public roads
and highways in whole or in part by the state, either directly
or by extending aid to counties; and, notwithstanding said
inhibition as to works of internal improvement, whenever grants
of land or other property shall have been made to the state,
especially dedicated by the grant to particular works of
internal improvement, the state may carry on such particular
works and shall devote thereto the avails of such grants, and
may pledge or appropriate the revenues derived from such works
in the aid of their completion.
Article 16, Section 10 Construction and improvement of
works for conservation and utilization of water.
The provisions of section 6 of article 16 of this constitution
prohibiting the state from engaging in any work of internal
improvements, unless authorized by a two-thirds vote of the
people, shall not apply to or affect the construction or
improvement of any works designed, constructed or operated for
the purposes of conservation or utilization of water, but the
legislature shall have the power to provide for the construction
or improvement in whole or in part, of any works designed,
constructed or operated for the purposes of conservation or
utilization of water, either directly or by extending aid to
legal subdivisions of the State of Wyoming, duly organized
irrigation, drainage, soil conservation, and public irrigation
and power districts, and any public corporation legally
organized for the purposes of the conservation, distribution or
utilization of water or soil; and notwithstanding said
inhibition as to works of internal improvement, whenever grants
of land or other property shall be made to the state, especially
dedicated by the grant to particular works of internal
improvement, the state may carry on such particular works of
internal improvement and shall devote thereto the avails of such
grants, and may likewise pledge or appropriate the revenues
derived from such works in aid of their completion.
Article 16, Section 11 Construction, maintenance and
improvement of public airports, aircraft landing strips and
related facilities.
The provisions of section 6 of article XVI of this constitution
prohibiting the state from engaging in any work of internal
improvement unless authorized by a two-thirds vote of the
people, shall not apply to or affect the construction,
maintenance or improvement of public airports, aircraft landing
strips and related facilities but the legislature shall have
power to provide for the construction, maintenance and
improvement of public airports, aircraft landing strips and
related facilities, in whole or in part by the state, either
directly or by extending aid to its political subdivisions and,
notwithstanding said inhibition as to works of internal
improvement, whenever grants of land or other property shall
have been made to the state, especially dedicated by the grant
to particular works of internal improvement, the state may carry
on such particular works and shall devote thereto the avails of
such grants, and may pledge or appropriate the revenues derived
from such works in the aid of their completion and maintenance.
Article 16, Section 12 Economic development loan fund.
(a) Notwithstanding Article 3, Section 36 and Article 16,
Sections 1, 2 and 6 of this Constitution, the legislature, by a
two-thirds (2/3) vote of all the members of each of the two (2)
houses voting separately, may appropriate monies in an amount
not exceeding one percent (1%) times the assessed value of the
taxable property in the state as shown by the last preceding
general assessment for taxation, to provide a revolving
investment fund to be used to promote and aid the economic
development of the state.
(b) The investment fund created by this section shall be
used to provide fully-funded loan guarantees or loans to
proposed or existing enterprises which will employ people within
the state, provide services within the state, use resources
within the state or otherwise add economic value to goods,
services or resources within the state.
(c) Monies within the revolving investment fund shall be
loaned or used to guarantee loans under such terms and
conditions as the legislature may by law direct.
(d) The cumulative total of monies appropriated to provide
a revolving investment fund shall never exceed one percent (1%)
on the assessed value of the taxable property in the state as
shown by the last preceding general assessment for taxation.
(e) Notwithstanding the limitation of subsection (d) of
this section, earnings on the revolving investment fund shall be
added to the revolving investment fund and shall be invested as
provided in this section.
Article 16, Section 13 Industrial and economic
development; powers of counties and municipalities.
Notwithstanding any other provision in this constitution, the
legislature may authorize counties or incorporated
municipalities, to appropriate from local sources of revenue
such funds as may be deemed necessary for an economic or
industrial development project or program, public or private,
subject to approval by a vote of the majority of the registered
voters of the county or municipality voting upon the question.
For purposes of this section, "funds from local sources of
revenue" means funds raised from general taxes levied by the
county or municipality and shall not include any funds received
by the county or municipality which are derived from state or
federal sources.
ARTICLE 17 - STATE MILITIA
Article 17, Section 1 Of whom militia constituted.
The militia of the state shall consist of all able-bodied
qualified residents of the state, and those nonresidents who are
accepted into service, between the ages of seventeen (17) and
seventy (70) years; except those exempted by the law of the
United States or of the state. But all residents having scruples
of conscience averse to bearing arms shall be excused therefrom
upon conditions as shall be prescribed by law.
Article 17, Section 2 Legislature to provide for
enrollment, equipment and discipline.
The legislature shall provide by law for the enrollment,
equipment and discipline of the militia to conform as nearly as
practicable to the regulations for the government of the armies
of the United States.
Article 17, Section 3 How officers commissioned.
All militia officers shall be commissioned by the governor, the
manner of their selection to be provided by law, and may hold
their commission for such period of time as the legislature may
provide.
Article 17, Section 4 Flags.
No military organization under the laws of the state shall carry
any banner or flag representing any sect or society or the flag
of any nationality but that of the United States.
Article 17, Section 5 Governor to be commander-in-chief;
powers.
The governor shall be commander-in-chief of all the military
forces of the state, and shall have power to call out the
militia to preserve the public peace, to execute the laws of the
state, to suppress insurrection or repel invasion.
ARTICLE 18 - PUBLIC LANDS AND DONATIONS
Article 18, Section 1 Acceptance of lands from United
States; sale of such lands.
The State of Wyoming hereby agrees to accept the grants of lands
heretofore made, or that may hereafter be made by the United
States to the state, for educational purposes, for public
buildings and institutions and for other objects, and donations
of money with the conditions and limitations that may be imposed
by the act or acts of congress, making such grants or donations.
Such lands shall be disposed of only at public auction to the
highest responsible bidder, after having been duly appraised by
the land commissioners, at not less than three-fourths the
appraised value thereof, and for not less than $10 per acre;
provided, that in the case of actual and bona fide settlement
and improvement thereon at the time of the adoption of this
constitution, such actual settler shall have the preference
right to purchase the land whereon he may have settled, not
exceeding 160 acres at a sum not less than the appraised value
thereof, and in making such appraisement the value of
improvements shall not be taken into consideration. If, at any
time hereafter, the United States shall grant any arid lands in
the state to the state, on the condition that the state reclaim
and dispose of them to actual settlers, the legislature shall be
authorized to accept such arid lands on such conditions, or
other conditions, if the same are practicable and reasonable.
Article 18, Section 2 Application of proceeds of sale or
rental.
The proceeds from the sale and rental of all lands and other
property donated, granted or received, or that may hereafter be
donated, granted or received, from the United States or any
other source, shall be inviolably appropriated and applied to
the specific purposes specified in the original grant or gifts.
Article 18, Section 3 Board of land commissioners.
The governor, secretary of state, state treasurer, state auditor
and superintendent of public instruction shall constitute a
board of land commissioners, which under direction of the
legislature as limited by this constitution, shall have
direction, control, leasing and disposal of lands of the state
granted, or which may be hereafter granted for the support and
benefit of public schools, subject to the further limitations
that the sale of all lands shall be at public auction, after
such delay (not less than the time fixed by congress) in
portions at proper intervals of time, and at such minimum prices
(not less than the minimum fixed by congress) as to realize the
largest possible proceeds. And said board, subject to the
limitations of this constitution and under such regulations as
may be provided by law shall have the direction, control,
disposition and care of all lands that have been heretofore or
may hereafter be granted to the state.
Article 18, Section 4 Legislature to provide for
disposition of lands.
The legislature shall enact the necessary laws for the sale,
disposal, leasing or care of all lands that have been or may
hereafter be granted to the state, and shall, at the earliest
practicable period, provide by law for the location and
selection of all lands that have been or may hereafter be
granted by congress to the state, and shall pass laws for the
suitable keeping, transfer and disbursement of the land grant
funds, and shall require of all officers charged with the same
or the safekeeping thereof to give ample bonds for all moneys
and funds received by them.
Article 18, Section 5 Special privileges prohibited.
Except a preference right to buy as in this constitution
otherwise provided, no law shall ever be passed by the
legislature granting any privileges to persons who may have
settled upon any of the school lands granted to the state
subsequent to the survey thereof by the general government, by
which the amount to be derived by the sale or other disposition
of such lands, shall be diminished directly or indirectly.
Article 18, Section 6 Disposition of unexpended income of
perpetual school fund.
If any portion of the interest or income of the perpetual school
fund be not expended during any year, said portion shall be
added to and become a part of the said school fund.
ARTICLE 19 - MISCELLANEOUS
Article 19, Section 1 Legislature to provide for
protection of livestock and stock owners.
The legislature shall pass all necessary laws to provide for the
protection of livestock against the introduction or spread of
pleuro-pneumonia, glanders, splenetic or Texas fever, and other
infectious or contagious diseases. The legislature shall also
establish a system of quarantine, or inspection, and such other
regulations as may be necessary for the protection of stock
owners, and most conducive to the stock interests within the
state.
Article 19, Section 2 Day's work.
Eight (8) hours actual work shall constitute a lawful day's work
in all mines, and on all state and municipal works.
Article 19, Section 3 Who shall not be employed on public
works.
No person not a citizen of the United States or who has not
declared his intention to become such, shall be employed upon or
in connection with any state, county or municipal works or
employment.
Article 19, Section 4 Legislature to provide for
enforcement of section 3.
The legislature shall, by appropriate legislation, see that the
provisions of the foregoing section are enforced.
Article 19, Section 5 Legislature to establish courts of
arbitration; duties.
[Repealed by Laws 1965.]
Article 19, Section 6 Importing armed bodies to suppress
violence prohibited; exception.
No armed police force, or detective agency, or armed body, or
unarmed body of men, shall ever be brought into this state, for
the suppression of domestic violence, except upon the
application of the legislature, or executive, when the
legislature cannot be convened.
Article 19, Section 7 Contract exempting employer from
liability for personal injuries prohibited.
It shall be unlawful for any person, company or corporation, to
require of its servants or employes as a condition of their
employment, or otherwise, any contract or agreement whereby such
person, company or corporation shall be released or discharged
from liability or responsibility, on account of personal
injuries received by such servants or employes, while in the
service of such person, company or corporation, by reason of the
negligence of such person, company or corporation, or the agents
or employes thereof, and such contracts shall be absolutely null
and void.
Article 19, Section 8 Legislature to provide for voluntary
submission of differences to arbitrators.
The legislature may provide by law for the voluntary submission
of differences to arbitrators for determination and said
arbitrators shall have such powers and duties as may be
prescribed by law; but they shall have no power to render
judgment to be obligatory on parties; unless they voluntarily
submit their matters of difference and agree to abide the
judgment of such arbitrators.
Article 19, Section 9 Exemption of homestead.
A homestead as provided by law shall be exempt from forced sale
under any process of law, and shall not be alienated without the
joint consent of husband and wife, when that relation exists;
but no property shall be exempt from sale for taxes, or for the
payment of obligations contracted for the purchase of said
premises, or for the erection of improvements thereon.
Article 19, Section 10 Intoxicating liquors.
On and after the first day of March, 1935, the manufacture, sale
and keeping for sale of malt, vinous or spirituous liquors,
wine, ale, porter, beer or any intoxicating drink, mixture or
preparation of like nature may be permitted in the State of
Wyoming under such regulation as the legislature may prescribe.
Article 19, Section 11 Use of monies in public employee
retirement funds restricted.
All monies from any source paid into any public employee
retirement system created by the laws of this state shall be
used only for the benefit of the members, retirees and
beneficiaries of that system, including the payment of system
administrative costs.
ARTICLE 20 - AMENDMENTS
Article 20, Section 1 How amendments proposed by
legislature and submitted to people.
Any amendment or amendments to this constitution may be proposed
in either branch of the legislature, and, if the same shall be
agreed to by two-thirds of all the members of each of the two
houses, voting separately, such proposed amendment or amendments
shall, with the yeas and nays thereon, be entered on their
journals, and it shall be the duty of the legislature to submit
such amendment or amendments to the electors of the state at the
next general election, and cause the same to be published
without delay for at least twelve (12) consecutive weeks, prior
to said election, in at least one newspaper of general
circulation, published in each county, and if a majority of the
electors shall ratify the same, such amendment or amendments
shall become a part of this constitution.
Article 20, Section 2 How two or more amendments voted on.
If two or more amendments are proposed, they shall be submitted
in such manner that the electors shall vote for or against each
of them separately.
Article 20, Section 3 Constitutional convention.
Whenever two-thirds of the members elected to each branch of the
legislature shall deem it necessary to call a convention to
revise or amend this constitution, they shall recommend to the
electors to vote at the next general election for or against a
convention, and if a majority of all the electors voting at such
election shall have voted for a convention, the legislature
shall at the next session provide by law for calling the same;
and such convention shall consist of a number of members, not
less than double that of the most numerous branch of the
legislature.
Article 20, Section 4 Constitution adopted by convention
to be submitted to people.
Any constitution adopted by such convention shall have no
validity until it has been submitted to and adopted by the
people.
ARTICLE 21 - SCHEDULE
Article 21, Section 1 Acquired rights continue.
That no inconvenience may arise from a change of the territorial
government to a permanent state government, it is declared that
all writs, actions, prosecutions, claims, liabilities and
obligations against the Territory of Wyoming, of whatever
nature, and rights of individuals, and of bodies corporate,
shall continue as if no change had taken place in this
government, and all process which may, before the organization
of the judicial department under this constitution, be issued
under the authority of the Territory of Wyoming, shall be as
valid as if issued in the name of the state.
Article 21, Section 2 Territorial property vested in
state.
All property, real and personal, and all moneys, credits, claims
and choses in action, belonging to the Territory of Wyoming, at
the time of the adoption of this constitution, shall be vested
in and become the property of the State of Wyoming.
Article 21, Section 3 Territorial laws become state laws.
All laws now in force in the Territory of Wyoming, which are not
repugnant to this constitution, shall remain in force until they
expire by their own limitation, or be altered or repealed by the
legislature.
Article 21, Section 4 Accrued fines go to state.
All fines, penalties, forfeitures and escheats, accruing to the
Territory of Wyoming, shall accrue to the use of the state.
Article 21, Section 5 State to sue on bonds and prosecute
crimes.
All recognizances, bonds, obligations or other undertakings
heretofore taken, or which may be taken before the organization
of the judicial department under this constitution shall remain
valid, and shall pass over to and may be prosecuted in the name
of the state, and all bonds, obligations or other undertakings
executed to this territory, or to any officer in his official
capacity, shall pass over to the proper state authority and to
their successors in office, for the uses therein respectively
expressed, and may be sued for and recovered accordingly. All
criminal prosecutions and penal actions which have arisen or
which may arise before the organization of the judicial
department under this constitution, and which shall then be
pending, may be prosecuted to judgment and execution in the name
of the state.
Article 21, Section 6 Territorial officers to hold over.
All officers, civil and military, holding their offices and
appointments in this territory, under the authority of the
United States or under the authority of this territory, shall
continue to hold and exercise their respective offices and
appointments until suspended under this constitution.
Article 21, Section 7 Submission of constitution.
This constitution shall be submitted for adoption or rejection
to a vote of the qualified electors of this territory, at an
election to be held on the first Tuesday in November, A. D.
1889. Said election, as nearly as may be, shall be conducted in
all respects in the same manner as provided by the laws of the
territory for general elections, and the returns thereof shall
be made to the secretary of said territory, who with the
governor and chief justice thereof, or any two of them, shall
canvass the same, and if a majority of the legal votes cast
shall be for the constitution the governor shall certify the
result to the president of the United States, together with a
statement of the votes cast thereon and a copy of said
constitution, articles, propositions and ordinances. At the said
election the ballots shall be in the following form: "For the
constitution--Yes. No." And as a heading to each of said
ballots, shall be printed on each ballot the following
instructions to voters: "All persons who desire to vote for the
constitution may erase the word 'No.' All persons who desire to
vote against the constitution may erase the word 'Yes.'" Any
person may have printed or written on his ballot only the words:
"For the Constitution," or "Against the Constitution," and such
ballots shall be counted for or against the constitution
accordingly.
Article 21, Section 8 When constitution takes effect.
This constitution shall take effect and be in full force
immediately upon the admission of the territory as a state.
Article 21, Section 9 First state election; time of
holding; proclamation.
Immediately upon the admission of the territory as a state, the
governor of the territory, or in case of his absence or failure
to act, the secretary of the territory, or in case of his
absence or failure to act, the president of this convention,
shall issue a proclamation, which shall be published and a copy
thereof mailed to the chairman of the board of county
commissioners of each county, calling an election by the people
for all state, district and other officers, created and made
elective by this constitution, and fixing a day for such
election, which shall not be less than forty days after the date
of such proclamation nor more than ninety days after the
admission of the territory as a state.
Article 21, Section 10 First state election; duty of
county commissioners; who may vote; conduct of election.
The board of commissioners of the several counties shall
thereupon order such election for said day, and shall cause
notice thereof to be given, in the manner and for the length of
time provided by the laws of the territory in cases of general
elections for delegate to congress, and county and other
officers. Every qualified elector of the territory at the date
of said election shall be entitled to vote thereat. Said
election shall be conducted in all respects in the same manner
as provided by the laws of the territory for general elections,
and the returns thereof shall be made to the canvassing board
hereinafter provided for.
Article 21, Section 11 First state election; board of
canvassers.
The governor, secretary of the territory and president of this
convention, or a majority of them, shall constitute a board of
canvassers to canvass the vote of such election for member of
congress, all state and district officers and members of the
legislature. The said board shall assemble at the seat of
government of the territory on the thirtieth day after the day
of such election (or on the following day if such day fall on
Sunday) and proceed to canvass the votes for all state and
district officers and members of the legislature, in the manner
provided by the laws of the territory for canvassing the vote
for delegate to congress, and they shall issue certificates of
election to the persons found to be elected to said offices,
severally, and shall make and file with the secretary of the
territory an abstract certified by them of the number of votes
cast for each person, for each of said offices, and of the total
number of votes cast in each county.
Article 21, Section 12 When officers shall qualify; oaths;
bonds.
All officers elected at such election, except members of the
legislature, shall, within thirty days after they have been
declared elected, take the oath required by this constitution,
and give the same bond required by law of the territory to be
given in case of like officers of the territory or district, and
shall thereupon enter upon the duties of their respective
offices; but the legislature may require by law all such
officers to give other or further bonds as a condition of their
continuance in office.
Article 21, Section 13 First state legislature.
The governor elect of the state, immediately upon his qualifying
and entering upon the duties of his office, shall issue his
proclamation convening the legislature of the state at the seat
of government, on a day to be named in said proclamation, and
which shall not be less than thirty nor more than sixty days
after the date of such proclamation. Within ten days after the
organization of the legislature, both houses of the legislature,
in joint session, shall then there proceed to elect, as provided
by law, two senators of the United States for the State of
Wyoming. At said election the two persons who shall receive the
majority of all the votes cast by said senators and
representatives shall be elected as such United States senators,
and shall be so declared by the presiding officers of said joint
session. The presiding officers of the senate and house shall
issue a certificate to each of said senators, certifying his
election, which certificates shall also be signed by the
governor and attested by the secretary of state.
Article 21, Section 14 Laws to be passed.
The legislature shall pass all necessary laws to carry into
effect the provisions of this constitution.
Article 21, Section 15 Transfer of pending causes, records
and seal of courts.
Whenever any two of the judges of the supreme court of the
state, elected under the provisions of this constitution, shall
have qualified in their offices, the causes then pending in the
supreme court of the territory, and the papers, records and
proceedings of said court, and the seal and other property
pertaining thereto, shall pass into the jurisdiction and
possession of the supreme court of the state; and until so
superseded the supreme court of the territory and the judges
thereof shall continue with like powers and jurisdiction, as if
this constitution had not been adopted. Whenever the judge of
the district court of any district, elected under the provisions
of this constitution, shall have qualified in office, the
several causes then pending in the district court of the
territory, within any county in such district, and the records,
papers and proceedings of said district court and the seal and
other property pertaining thereto, shall pass into the
jurisdiction and possession of the district court of the state
for such county; and until the district courts of this territory
shall be superseded in the manner aforesaid, the said district
courts and the judges thereof shall continue with the same
jurisdiction and power to be exercised in the same judicial
districts respectively as heretofore constituted under the laws
of the territory.
Article 21, Section 16 Court seals.
Until otherwise provided by law the seals now in use in the
supreme and district courts of this territory are hereby
declared to be the seals of the supreme and district courts,
respectively, of the state.
Article 21, Section 17 Transfer of causes and records from
probate courts to district courts.
Whenever this constitution shall go into effect, records and
papers and proceedings of the probate court in each county, and
all causes and matters of administration and other matters
pending therein, shall pass into the jurisdiction and possession
of the district court of the same county, and the said district
court shall proceed to final decree or judgment order or other
determination in the said several matters and causes, as the
said probate court might have done if this constitution had not
been adopted.
Article 21, Section 18 How legislature chosen.
Senators and members of the house of representatives shall be
chosen by the qualified electors of the several senatorial and
representative districts as established in this constitution,
until such districts shall be changed by law, and thereafter by
the qualified electors of the several districts as the same
shall be established by law.
Article 21, Section 19 Duration of terms of territorial
county and precinct officers.
All county and precinct officers who may be in office at the
time of the adoption of this constitution, shall hold their
respective offices for the full time for which they may have
been elected, and until such time as their successors may be
elected and qualified, as may be provided by law, and the
official bonds of all such officers shall continue in full force
and effect as though this constitution had not been adopted.
Article 21, Section 20 Terms of state officers first
elected.
Members of the legislature and all state officers, district and
supreme judges elected at the first election held under this
constitution shall hold their respective offices for the full
term next ensuing such election, in addition to the period
intervening between the date of their qualification and the
commencement of such full term.
Article 21, Section 21 Regular session of legislature
following first session.
If the first session of the legislature under this constitution
shall be concluded within twelve months of the time designated
for a regular session thereof, then the next regular session
following said special session shall be omitted.
Article 21, Section 22 Regular election following first
session of legislature to be omitted.
The first regular election that would otherwise occur following
the first session of the legislature, shall be omitted, and all
county and precinct officers elected at the first election held
under this constitution shall hold their office for the full
term thereof, commencing at the expiration of the term of the
county and precinct officers then in office, or the date of
their qualification.
Article 21, Section 23 Why constitution framed.
This convention does hereby declare on behalf of the people of
the Territory of Wyoming, that this constitution has been
prepared and submitted to the people of the Territory of Wyoming
for their adoption or rejection, with no purpose of setting up
or organizing a state government until such time as the congress
of the United States shall enact a law for the admission of the
Territory of Wyoming as a state under its provisions.
Article 21, Section 24 State part of United States.
The State of Wyoming is an inseparable part of the federal union
and the constitution of the United States is the supreme law of
the land.
Article 21, Section 25 Religious liberty.
Perfect toleration of religious sentiment shall be secured, and
no inhabitant of this state shall ever be molested in person or
property on account of his or her mode of religious worship.
Article 21, Section 26 Ownership of certain lands
disclaimed; restriction on taxation of nonresidents.
The people inhabiting this state do agree and declare that they
forever disclaim all right and title to the unappropriated
public lands lying within the boundaries thereof, and to all
lands lying within said limits owned or held by any Indian or
Indian tribes, and that until the title thereto shall have been
extinguished by the United States, the same shall be and remain
subject to the disposition of the United States and that said
Indian lands shall remain under the absolute jurisdiction and
control of the congress of the United States; that the lands
belonging to the citizens of the United States residing without
this state shall never be taxed at a higher rate than the lands
belonging to residents of this state; that no taxes shall be
imposed by this state on lands or property therein, belonging
to, or which may hereafter be purchased by the United States, or
reserved for its use. But nothing in this article shall preclude
this state from taxing as other lands are taxed, any lands owned
or held by any Indian who has severed his tribal relations, and
has obtained from the United States or from any person, a title
thereto, by patent or other grant, save and except such lands as
have been or may be granted to any Indian or Indians under any
acts of congress containing a provision exempting the lands thus
granted from taxation, which last mentioned lands shall be
exempt from taxation so long, and to such an extent, as is, or
may be provided in the act of congress granting the same.
Article 21, Section 27 Territorial liabilities assumed.
All debts and liabilities of the Territory of Wyoming shall be
assumed and paid by this state.
Article 21, Section 28 Legislature to provide for public
schools.
The legislature shall make laws for the establishment and
maintenance of systems of public schools which shall be open to
all the children of the state and free from sectarian control.
Done in open convention, at the City of Cheyenne, in the
Territory of Wyoming, this 30th day of September in the year of
our Lord one thousand eight hundred and eighty-nine.
Attested: Melville C. Brown,
John K. Jeffrey, President.
Secretary.
Geo. W. Baxter,
A. C. Campbell,
J. A. Casebeer,
C. D. Clark,
Henry A. Coffeen,
Asbury B. Conaway,
Henry S. Elliott,
Mortimer N. Grant,
Henry G. Hay,
Frederick H. Harvey,
Mark Hopkins,
John W. Hoyt,
Wm. C. Irvine,
James A. Johnston,
Jesse Knight,
Elliott N. Morgan,
Edward J. Morris,
John M. McCandlish,
Herman F. Menough,
Caleb P. Organ,
Louis J. Palmer,
C. W. Holden,
H. G. Nickerson,
A. L. Sutherland,
W. E. Chaplin,
Jonathan Jones,
John L. Russell,
Geo. W. Fox,
Frank M. Foote,
Chas. H. Burritt,
Chas. N. Potter,
D. A. Preston,
John A. Riner,
Geo. C. Smith,
H. E. Teschemacher,
C. L. Vagner,
Thos. R. Reid,
Robt. C. Butler,
C. W. Burdick,
De Forest Richards,
Meyer Frank,
M. C. Barrow,
Richard H. Scott.