WYOMING CONSTITUTION
PREAMBLE
We, the people of the State of Wyoming, grateful to God for our civil, political and religious liberties, and desiring to secure them to ourselves and perpetuate them to our posterity, do ordain and establish this Constitution.
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
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
The
State of
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, 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
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
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:
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, 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
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 04, 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 04, 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
The seal of the
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
(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
(i) Three (3)
active
(ii) Three (3)
members of the
(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
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
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
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, Section 1. Male and female citizens to
enjoy equal rights.
The
rights of citizens of the State of
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
No
person shall be deemed a qualified elector of this state, unless such person be
a citizen of the
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
Article 6, Section 8. Soldiers stationed in state not
considered residents.
No
soldier, seaman, or marine in the army or navy of the
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
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, 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
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
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
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, 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, 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
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, 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, Section 1. Existing counties remain such.
The
several counties in the
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, 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.
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, 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, 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
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, Section 1. Limitation on state debt.
The
State of
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
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
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; works of internal improvement.
Neither
the state nor any county, city, township, town, school district, or any other
political subdivision, shall 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, nor subscribe to or become the owner of the capital stock of any
association or corporation, except that 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. 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, 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
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
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, Section 1. Acceptance of lands from
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, 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
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
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, 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, 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
Article 21, Section 3. Territorial laws become state
laws.
All
laws now in force in the
Article 21, Section 4. Accrued fines go to state.
All
fines, penalties, forfeitures and escheats, accruing to the
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
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
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
The
State of
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
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
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
Meyer Frank,
M. C. Barrow,
Richard H. Scott.