State, State Agencies and Political Subdivisions;

Wyo. Stat. Ann. tit. 1, ch. 35

in effect

Wyo. Stat. Ann. § 1-35-101 Actions against state agencies deemed actions against state; jurisdiction.

Any action permitted by law which is brought against the state loan and investment board, board of land commissioners, public service commission of Wyoming, state board of equalization of Wyoming or the trustees of the University of Wyoming is an action against the state of Wyoming and no action shall be brought against any of such boards, commissions or trustees except in the courts of the state of Wyoming, and no action shall be maintained against any of such boards, commissions or trustees in any other jurisdiction.

Wyo. Stat. Ann. § 1-35-102 Repealed by Laws 1979, ch. 157, § 3.

Wyo. Stat. Ann. § 1-35-103 Violation of state contracts to be reported to attorney general; investigation; action to recover damages; employment of special assistants.

(a) Any officer, board or commission of the state of Wyoming, or their legal counsel, responsible for the enforcement of any contract between the state of Wyoming and any person, having reason to believe that there has been a violation of the terms of the contract to the damage of the state of Wyoming, shall report the matter to the attorney general of the state of Wyoming. The attorney general shall make such investigation of the matter as is necessary. Upon completion of the investigation and finding of probable damages to the state of Wyoming, the attorney general may bring suit in any court of competent jurisdiction to recover all damages that the state of Wyoming may have incurred by reason of the breach of contract, or for any money or other property that may be due on the contract. Subject to the governor's approval he may employ specially qualified assistants or counsel to aid in any investigation of such action. (b) A contract with the state of Wyoming includes any contract, lease or instrument in writing entered into by any board, officer or commission of the state of Wyoming for the benefit of the state whether the contract is made in the name of the state of Wyoming or in the name of the officer, board or commission.

Wyo. Stat. Ann. § 1-35-104 Actions under control of attorney general; settlement or compromise with approval of governor.

The attorney general shall control all investigations and actions instituted and conducted in behalf of the state as provided in W.S. 1-35-103 and has full discretionary powers to prosecute all investigations and litigation and, with the approval of the governor, to settle, compromise or dismiss the actions.

Wyo. Stat. Ann. § 1-35-105 Compensation of assistants and court costs to be paid from sums recovered; limitation on amount.

Any contract of employment providing for reimbursement of court costs incurred in connection with or fees to be paid for the specially qualified assistants and counsel whose services may be employed shall provide that such fees and costs shall only be paid from moneys recovered by the state as the result of any investigations, litigation or compromise in connection with which the services are rendered. The total obligation created by the employment for reimbursement of court costs and payment of fees for services rendered in each particular investigation or litigation shall not exceed one-half (1/2) of the amount recovered in the proceedings.

Wyo. Stat. Ann. § 1-35-106 Disposition of sums recovered; appropriation for costs and fees.

All moneys collected by virtue of W.S. 1-35-103 through 1-35-106 shall be paid into the state treasury of the state of Wyoming, and there is hereby appropriated out of any monies so recovered a sum not exceeding one-half (1/2) of the amount recovered to pay the costs and fees for the special assistants, to be paid by the warrant drawn on the state treasury.

Wyo. Stat. Ann. § 1-35-107 Actions by state or instrumentality, county, municipality or school district; judgment and enforcement.

The state of Wyoming or any department or instrumentality thereof, county, incorporated city or town and school district therein is authorized to bring an action in any court having jurisdiction to recover any money due it upon any contract or other liability or obligation. In any such action the court shall enter judgment for the amount found to be due the state of Wyoming or any of the above entities, and any such judgment may be enforced by levy upon execution or by any other process provided by law.

Wyo. Stat. Ann. § 1-35-108 Deposit of security by state, municipality or agency.

The state of Wyoming, a county, city or town, or any departments or agencies thereof or any party acting for or on behalf of any such department or agency in his official capacity shall not be required to deposit security for damages, fees or costs in any civil, criminal or special proceeding instituted or pending in any court or special tribunal in the state unless expressly required so to do by the rule, statute or ordinance generally providing for deposit of security for such purposes.

Wyo. Stat. Ann. § 1-35-109 Legislature and legislators as party to actions; properly naming party.

(a) In any action challenging any official act of the legislature as a whole and naming the legislature or any member thereof as a party, the proper party shall be "The Legislature of the State of Wyoming." In any such action challenging an official act of either body of the legislature or a committee of the legislature the proper party shall be the appropriate body or committee of "the Legislature of the State of Wyoming". (b) In any action challenging any official act of a member of the state legislature, the legislator shall be designated only by the legislative office held unless the action seeks relief from actions of the legislator other than actions taken in his official capacity. (c) Any individual named in an action in which the proper party is the legislature or a body of the legislature or who has otherwise been improperly named has the substantive right to petition the court to have his name removed from the action. (d) Nothing in this section shall be interpreted to require naming the legislature as a party when the claim or cause of action arises from the enforcement or operation of any law.

Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title01.pdfFetched: 10/4/2026