reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-110 - Compensation Award.

1-40-110. Compensation award.
(a) If a person is injured or killed by a criminal act, the division may order the payment of compensation in accordance with this act for:
(i) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim, by the victim, his dependent, or any person responsible for the victim's maintenance;
(ii) Loss of earning power as a result of the victim's total or partial incapacity;
(iii) Economic loss to the deceased victim's dependents; and
(iv) Any other loss resulting from the personal injury or death of the victim which the division determines to be reasonable.
(b) In determining whether to award compensation under this act, the division shall consider:
(i) All circumstances surrounding the victim's conduct determined to be relevant which directly contributed to the victim's injury or death;
(ii) Need for financial aid; and
(iii) Any other relevant matters.
(c) The division shall not consider whether the alleged assailant has been apprehended, prosecuted or convicted, nor the result of any criminal proceedings against him.
(d) The crime victims compensation account is not a state health program and is not intended to be used as a primary payor to other health care assistance programs, but is a public, quasi-charitable fund whose fundamental purpose is to assist victims of violent crimes through a period of financial hardship as a payor of last resort. Payment made in accordance with this section shall be considered payment of last resort that follows all other sources and is provided subsequent to all other benefits. Accordingly, in determining the amount of compensation to be allowed by order, the division shall consider amounts received or receivable from any other source or sources by the victim or his dependents as a result of the incident or offense giving rise to the application. The division shall not deny compensation solely because the applicant is entitled to income from a collateral source.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-111 - Emergency Awards; Limitation.

1-40-111. Emergency awards; limitation.
(a) The division may grant an emergency award prior to the holding of a hearing, if upon application of a person eligible for compensation, the division determines undue hardship will result to the applicant if immediate payment is not made.
(b) The amount of the emergency award shall be dependent on the applicant's immediate and verifiable needs as a result of loss of income or support, for emergency medical treatment, or for funeral and burial expenses. The amount of an emergency award to an applicant shall not exceed one thousand dollars ($1,000.00).
(c) Any emergency award granted under this section shall be deducted from the final compensation award made to the applicant. The excess of the amount of any emergency award over the amount of the final award, or the full amount of the emergency award if no final award is made shall be repaid to the division by the applicant.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-112 - Recovery From Offender; Restitution.

1-40-112. Recovery from offender; restitution.
(a) If an order for the payment of compensation for personal injury or death is made under this act, the state, upon payment of the amount of the order, shall be subrogated to any right of action the victim or dependent of the victim has against the person or persons responsible for the injury or death, and the state may bring an action against the responsible person for the amount of the damages the applicant sustained.
(b) The applicant or other recipient shall give written notice to the division of the making of a claim or demand or the filing of a suit for the damages specified in subsection (a) of this section.
(c) Restitution by an offender under W.S. 7-9-101 through 7-9-115 shall:
(i) To the extent compensation is paid under this act, be paid to the division, deposited in the account and be set off against a judgment in favor of the state in a civil action arising out of the same facts or event;
(ii) Reduce by like amount any compensation subsequently paid under this act arising out of the same facts or event.
(d) Repealed By Laws 1997, ch. 152, 2.
(e) Repealed By Laws 1997, ch. 152, 2.
(f) Repealed By Laws 1997, ch. 152, 2.
(g) Any payment of benefits to, or on behalf of, a victim or other claimant under this act creates a debt due and owing to the state by any person found, in a criminal court proceeding in which he is a party, to have committed the criminal act. Payment of the debt shall be a condition of probation or parole:
(i) In making payment of the debt a condition of probation or parole, the court or state board of parole shall set the schedule or amounts of payments, subject to modification based on change of circumstances;
(ii) If the court or board does not order payment of the debt, or orders only partial payment, it shall state on the record the reasons therefor.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-113 - Waivers and Releases Void; Exemption From Creditors' Claims.

1-40-113. Waivers and releases void; exemption from creditors' claims.
Any agreement by an individual to waive, release or commute his rights under this act is void. Compensation due under this act may not be assigned, pledged, encumbered, released or commuted. Compensation under this act is exempt from all claims of creditors and from levy, execution and attachment or other remedy for recovery or collection of a debt, except that compensation for an allowable expense is not exempt from a claim of a creditor to the extent that creditor provided products, services or accommodations, the costs of which are included in the compensation award.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-114 - Crime Victims' Compensation Account.

1-40-114. Crime victims' compensation account.
(a) There is established an account to be known as the crime victims' compensation account. The account is under the administration and control of the division for purposes of providing compensation or other benefits to crime victims and for purposes of implementing this act. The account shall consist of all monies the division receives or collects from any source and all monies shall be paid to the state treasurer for deposit in the account. The division may accept, and shall deposit to the account, any gifts, contributions, donations, grants or federal funds specifically given to the division for the benefit of victims of crime.
(b) The monies within the account may be withdrawn therefrom by vouchers signed by the director of the division or his designee. The division shall keep detailed permanent records of all monies credited to the account and all expenditures and disbursements from the account.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-115 - Informing Victims of Program and Application Procedure.

1-40-115. Informing victims of program and application procedure.
Each law enforcement and prosecuting agency, and any victim witness program or family violence advocate funded in whole or in part with state or federal funds, shall exercise reasonable care to insure that victims of crimes are informed of the existence of the state program of compensation for death or injuries sustained by victims of crime and the procedure for applying for compensation under this act.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-116 - Fees Not Chargeable.

1-40-116. Fees not chargeable.
No fee shall be charged to the applicant in any proceeding under this act except as provided by this act. If the applicant is represented by counsel in making application under this act or in any further proceedings provided for in this chapter, the counsel shall not receive payment for his services except an amount as the division determines to be reasonable.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-117 - Falsifying, Destroying or Concealment of Division Records; Furnishing False Information or Failing to Disclose; Other Violations.

1-40-117. Falsifying, destroying or concealment of division records; furnishing false information or failing to disclose; other violations.
(a) Any agent or employee of the division who knowingly makes a false entry or falsely alters any division record, or who intentionally destroys, mutilates, conceals, removes or otherwise impairs the verity or availability of any division record with the knowledge of a lack of authority to do so, or who possesses a division record and refuses to deliver up that record upon proper request of a person lawfully entitled to receive it is guilty of a misdemeanor.
(b) Any violation of this chapter for which a penalty is not otherwise provided is a misdemeanor.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 1 - In General › Section 1-40-119 - Surcharge to Be Assessed in Certain Criminal Cases; Paid to Account.

1-40-119. Surcharge to be assessed in certain criminal cases; paid to account.
(a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, the following criminal offenses shall be assessed a surcharge of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) for the offenses specified in paragraph (v) of this subsection, not less than one hundred fifty dollars ($150.00) nor more than three hundred fifty dollars ($350.00) for the first plea to or conviction of offenses specified in paragraphs (i) through (iv) of this subsection, and not less than two hundred dollars ($200.00) nor more than four hundred dollars ($400.00) for each subsequent plea to or conviction of offenses specified in paragraphs (i) through (iv) of this subsection:
(i) Any violation of W.S. 6-1-101 through 6-2-313 and 6-2-319 through 6-10-203;
(ii) Any violation of W.S. 31-5-225, 31-5-229, 31-5-233 or 41-13-220(a);
(iii) Any violation of W.S. 35-7-1001 through 35-7-1057;
(iv) Any violation of W.S. 6-2-314 through 6-2-318;
(v) Any violation of a municipal ordinance which has substantially similar elements to the criminal offenses specified in paragraphs (ii) through (iv) of this subsection or any other violation of a municipal ordinance which causes actual damage to persons or property.
(b) The surcharge enumerated in subsection (a) of this section shall be imposed upon any defendant for whom prosecution, trial or sentence is deferred under W.S. 7-13-301 and 7-13-302 or who participates in any other diversion agreement.
(c) Under no circumstances shall a court fail to impose the surcharge required by subsections (a) and (b) of this section if the court determines the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay.
(d) The surcharge shall be paid within ten (10) days of imposition unless the court determines that it shall be paid in installments over a reasonable period of time. Failure to comply with the provisions for payment of the surcharge is punishable as contempt of court. Contempt proceedings or other proceedings to collect the surcharge may be initiated by the prosecuting attorney, by the court on its own motion or by the division.
(e) Monies paid to the court by a defendant shall be applied to the surcharge before being applied to any fine, penalty, cost or assessment imposed upon the defendant. The proceeds from the surcharge imposed by this section shall be remitted promptly by the clerk of the court to the division for deposit in the account.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 2 - Victim and Witness Bill of Rights › Section 1-40-202 - Definitions.

1-40-202. Definitions.
(a) As used in this act:
(i) "Criminal act" means conduct which would constitute a crime as defined by the laws of this state;
(ii) "Victim" means an individual who has suffered direct or threatened physical, emotional or financial harm as the result of the commission of a criminal act or a family member of a victim who is a minor or an incompetent or a surviving family member of a homicide victim;
(iii) "Witness" means a person who is likely to testify in a criminal proceeding;
(iv) "Key witness" means any witness identified in writing by the prosecution as being entitled to the rights provided by this act;
(v) "This act" means W.S. 1-40-201 through 1-40-210.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 2 - Victim and Witness Bill of Rights › Section 1-40-205 - Victims and Witnesses of Crime; Free From Intimidation.

1-40-205. Victims and witnesses of crime; free from intimidation.
(a) A victim or witness has the right to be free from any form of harassment, intimidation or retribution.
(b) When waiting to testify in any proceeding regarding a criminal act, a victim or key witness has the right to be provided, upon request, with a waiting area separate from other witnesses.
(c) When the threat of harassment, intimidation or retribution cannot be avoided, the court shall take appropriate measures to protect the victim or key witness.
(d) Law enforcement officers and prosecuting attorneys shall provide information regarding law enforcement measures available to protect victims and key witnesses.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 2 - Victim and Witness Bill of Rights › Section 1-40-206 - Victims of Crime; Present in Court.

1-40-206. Victims of crime; present in court.
Unless the court for good cause shown shall find to the contrary, the victim, the victim's designee or both shall have the right to be present at all trial proceedings which may be attended by the defendant.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 2 - Victim and Witness Bill of Rights › Section 1-40-207 - Victims; Timing of Trial of Accused.

1-40-207. Victims; timing of trial of accused.
(a) The court shall consider the victim's interest and circumstances when setting any date for trial or in granting or denying continuances.
(b) Nothing in this section shall infringe upon any rights of the accused in a criminal case or inhibit the ability of the prosecution and defense from entering into any agreement as to trial setting or negotiated disposition of any charge or charges pending against the defendant.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 2 - Victim and Witness Bill of Rights › Section 1-40-208 - Prompt Return of Property; Photographs in Lieu of Property.

1-40-208. Prompt return of property; photographs in lieu of property.
(a) Victims and witnesses have the right to have any personal property, which is not contraband, promptly returned and any real estate, subject to declaration as uninhabitable under W.S. 35-9-156(d), released to the control of the real estate owner, provided it does not interfere with prosecution, trial or appellate review of the case.
(b) Criminal justice agencies shall work together to expedite the return of property, which is not contraband, when it is no longer needed. Prosecuting attorneys shall promptly notify law enforcement agencies when evidence is no longer needed. The prosecuting attorney shall notify the attorneys for the defendants of the intention to return the property twenty (20) days prior to its return to enable the defendants to seek relief from the court. No notice is required in the absence of a known suspect or defendant unless otherwise ordered by the court. No later than sixty (60) days after the property is taken as evidence, the prosecuting attorney shall make an initial determination whether to expedite the return of property to the victim or witness. The prosecuting attorney in exercising discretion to expedite the return of property shall consider whether:
(i) Photographs of the property would be admissible as evidence in lieu of the property;
(ii) Submitting the photographs into evidence in lieu of the property will substantially prejudice any criminal proceeding;
(iii) The property is required for evidentiary analysis; and
(iv) Ownership of the property is disputed.
(c) The trial court exercising jurisdiction over a criminal proceeding shall, if requested, enter appropriate orders to preserve the property for evidentiary analysis or use, or return the property to the victim or witness as appropriate.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 2 - Victim and Witness Bill of Rights › Section 1-40-209 - Victims and Witnesses Have a Right to Preservation of Employment.

1-40-209. Victims and witnesses have a right to preservation of employment.
(a) A victim or witness who responds to a subpoena from either the prosecution or defense in a criminal case during working hours shall not suffer any change in terms of employment solely because of the act of responding to a subpoena.
(b) A victim or witness, upon request, shall be assisted by law enforcement agencies, the prosecuting attorney or defense attorney in informing an employer that the need for victim or witness cooperation may necessitate the absence of the victim or witness from work.
(c) A victim or witness, who as a direct result of a criminal act or of cooperation with law enforcement agencies, prosecuting attorney or defense attorney, experiences financial hardship, shall be assisted by those agencies, the prosecuting attorney or defense attorney in explaining to employers and creditors the reasons for that financial hardship.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 2 - Victim and Witness Bill of Rights › Section 1-40-210 - No Civil Liability Created; Testimony Inadmissible; No Relief by Appeal.

1-40-210. No civil liability created; testimony inadmissible; no relief by appeal.
(a) Nothing in this act shall be construed to create any civil cause of action for monetary damages against any person nor shall it constitute grounds for any claim or motion raised by either the state or defendant in any proceedings.
(b) Testimony or argument regarding the compliance or noncompliance with this act is inadmissible in any criminal trial.
(c) The failure of a victim, designee or any criminal justice agency personnel to exercise or enforce any right granted by the provisions of this act shall not be grounds for relief during proceedings or for any appeal of a conviction by a defendant or grounds for any court to set aside, reverse or remand a criminal conviction.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 3 - Compensation From Benefits of Crime › Section 1-40-301 - Compensation From Benefits of Crime.

1-40-301. Compensation from benefits of crime.
The legislature finds that the state has a compelling interest in preventing any person who is convicted of a criminal act from profiting from the criminal act and in recompensing victims of the criminal act. It is therefore the intent of the legislature to provide a mechanism whereby any profits from a criminal act that are received by the person convicted of the criminal act are available as restitution to the victims of the criminal act.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 3 - Compensation From Benefits of Crime › Section 1-40-302 - Definitions.

1-40-302. Definitions.
(a) As used in this article:
(i) Repealed By Laws 1998, ch. 81, 3.
(ii) "Criminal act" means a conviction of an offense as defined by W.S. 1-40-202(a)(i);
(iii) "Escrow account" means an account created under W.S. 1-40-303(a);
(iv) "Profits from the crime" means:
(A) Any property obtained through or income generated from the commission of the criminal act of which the defendant was convicted;
(B) Any property obtained by or income generated from the sale, conversion or exchange of proceeds of the criminal act of which the defendant was convicted, including any gain realized by the sale, conversion or exchange; and
(C) Any property that the defendant obtained or income generated as a result of having committed the criminal act of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the criminal act, as well as any property obtained by or income generated from the sale, conversion or exchange of such property and any gain realized by such sale, conversion or exchange.
(v) "Victim" means as defined by W.S. 1-40-202(a)(ii);
(vi) "Division" means the victim services division within the office of the attorney general, created by W.S. 9-1-636.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 3 - Compensation From Benefits of Crime › Section 1-40-303 - Distribution of Profits From Crime.

1-40-303. Distribution of profits from crime.
(a) Any person who contracts with a defendant convicted of a criminal act in this state, or the defendant's representative or assignee, for payment of any profits from the criminal act of which the defendant is convicted shall pay to the division any money that would otherwise by terms of the contract be paid to the defendant or the defendant's representatives or assignees. The division shall deposit the money in an escrow account for the benefit of any victim of the criminal act of which the defendant was convicted.
(b) Notwithstanding any other applicable statute of limitations, any person who is a victim of the criminal act from which a defendant receives profits under subsection (a) of this section may, within five (5) years of the establishment of the escrow account:
(i) Enforce any order of restitution entered against the defendant against the monies on deposit in the escrow account; or
(ii) Bring a civil action in a court of competent jurisdiction to recover a judgment against the defendant or the defendant's representatives or designees and enforce the judgment against monies on deposit in the escrow account.
(c) Upon establishing an escrow account pursuant to subsection (a) of this section, the division shall notify, at their last known address, all known victims of the criminal act of the establishment of the escrow account. The notice shall specify the existence of the escrow account, the amount on deposit and the victim's right to execute an order of restitution or bring a civil action to recover against the monies in the escrow account within five (5) years of the date the escrow account is established.
(d) The attorney general is authorized to bring any action necessary to enforce subsection (a) of this section. If the attorney general prevails in an action under this subsection, the court shall order the payment from the monies recovered to the attorney general of reasonable costs and attorney's fees.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 3 - Compensation From Benefits of Crime › Section 1-40-304 - Notification of Division.

1-40-304. Notification of division.
It shall be the responsibility of the victim, the victim's attorney, or the victim's representative to notify the division of the filing of any civil action under W.S. 1-40-303(b)(ii).
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 3 - Compensation From Benefits of Crime › Section 1-40-305 - Disbursal of Compensation; More Than One Claim.

1-40-305. Disbursal of compensation; more than one claim.
(a) The division shall not disburse any compensation from the escrow account until the later of:
(i) Five (5) years after the escrow account is established; or
(ii) The date all civil actions of which the division has actual knowledge and that are filed within the five (5) year period provided by W.S. 1-40-303(b)(ii) have been settled or reduced to judgment.
(b) If more than one (1) claim against the monies in escrow is filed pursuant to W.S. 1-40-303(b)(i) or (ii), the division shall disburse payments from the escrow account on a pro rata basis.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 3 - Compensation From Benefits of Crime › Section 1-40-306 - Actions Null and Void.

1-40-306. Actions null and void.
Any action taken by a defendant who is convicted of a criminal act or who enters a plea of guilty, whether by way of the execution of a power of attorney, the creation of corporate entities or any other action, to defeat the purpose of this article shall be null and void as against the public policy of this state.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 3 - Compensation From Benefits of Crime › Section 1-40-307 - Interest on Monies in Escrow Account.

1-40-307. Interest on monies in escrow account.
Interest earned on the monies deposited in an escrow account shall accrue to the benefit of the payees of the account.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 40 - Crime Victims Compensation › Article 3 - Compensation From Benefits of Crime › Section 1-40-308 - Disbursal of Unclaimed Funds.

1-40-308. Disbursal of unclaimed funds.
(a) Any unclaimed funds remaining in an escrow account after the disbursal period provided by W.S. 1-40-305(a) shall be forfeited and paid over to the crime victims compensation account created by W.S. 1-40-114 in accordance with this section.
(b) If any unclaimed funds remain in an escrow account after the disbursal period provided by W.S. 1-40-305(a), the division shall seek an order in district court to show cause why the funds should not be forfeited. Notice to the defendant and proceedings on the order to show cause shall be according to the Wyoming Rules of Civil Procedure, provided notice by publication shall be once each week for two (2) consecutive weeks. The trial of the issues shall be by the court.
(c) On final hearing the order to show cause shall be taken as prima facie evidence that the funds constitute profits from the crime and is sufficient for a judgment of forfeiture in the absence of other proof.
(d) In disputed cases the burden shall be upon the division to show that there is a reasonable basis for believing that the funds constitute profits from the crime.
(e) The proceedings and judgment of forfeiture shall be in rem and shall be primarily against the property itself.
(f) Upon the entry of a judgment of forfeiture the court shall order the funds paid over to the crime victims compensation account created by W.S. 1-40-114.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 41 - State Self-Insurance Program › Section 1-41-101 - Legislative Findings and Intent.

1-41-101. Legislative findings and intent.
The legislature recognizes that certain liability insurance policies of the state of Wyoming have been cancelled, that no responsive bids have been received and that there exists a need to develop a method to handle claims brought under the Wyoming Governmental Claims Act and arising under federal law. The legislature declares that the appropriate remedy is to create an account for self-insurance of the state and to provide for a loss prevention program. It is the intent of the legislature that the self-insurance account shall be operated on an actuarially sound basis. The legislature further declares that its intent is that the availability of commercial liability insurance coverage shall be explored considering the possibility that the insurance industry can provide coverage in the future that is less expensive than the costs of providing a loss prevention program and paying for claims out of the self-insurance account.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 41 - State Self-Insurance Program › Section 1-41-102 - Definitions.

1-41-102. Definitions.
(a) As used in this act:
(i) "Division" means the general services division of the department of administration and information;
(ii) "Final money judgment" means any judgment for monetary damages after all appropriate appeals from the judgment have been exhausted or after the time has expired when appeals may be taken;
(iii) "Local government" means as defined by W.S. 1-39-103(a)(ii);
(iv) "Peace officer" means as defined by W.S. 7-2-101, but does not include those officers defined by W.S. 7-2-101(a)(iv)(K) or those officers defined by W.S. 7-2-101(a)(iv)(M) unless otherwise provided in the applicable mutual aid agreement;
(v) "Public employee" means any officer, employee or servant of the state, provided the term:
(A) Includes elected or appointed officials, peace officers, members of regional emergency response teams authorized under W.S. 35-9-155 and persons acting on behalf or in service of the state in any official capacity, whether with or without compensation, including volunteer physicians providing medical services under W.S. 9-2-103(a)(i)(C);
(B) Does not include:
(I) An independent contractor except as provided in subparagraphs (C) and (D) of this paragraph;
(II) A judicial officer exercising the authority vested in him; or
(III) Any local government employees or officials including county and prosecuting attorneys.
(C) Includes contract physicians, physician assistants, nurses, optometrists or dentists in the course of providing contract services for state institutions;
(D) Includes contract attorneys in the course of providing contract services for the office of guardian ad litem as provided in W.S. 14-12-104;
(E) Includes health care providers and medical facilities delivering volunteer health care services to low income individuals under a contract pursuant to W.S. 35-31-101 through 35-31-103.
(vi) "Risk manager" means the manager of the risk management section of the general services division of the department of administration and information;
(vii) "Scope of duties" means performing any duties which the state requests, requires or authorizes a public employee to perform, or which the University of Wyoming or a local government requests, requires or authorizes a peace officer to perform, regardless of the time and place of performance;
(viii) "State" or "state agency" means the state of Wyoming or any of its branches, agencies, departments, boards, instrumentalities or institutions but does not include the University of Wyoming except as provided by W.S. 1-41-110(b);
(ix) "Self-insurance account" or "account" means the account created by W.S. 1-41-103;
(x) "This act" means W.S. 1-41-101 through 1-41-111.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 41 - State Self-Insurance Program › Section 1-41-104 - Investment of Funds.

1-41-104. Investment of funds.
(a) Repealed by Laws 1988, ch. 82, 2.
(b) The state treasurer shall invest any portion of the funds in the self-insurance account, including reserves, which the risk manager determines is not needed for immediate use. Investments shall be made as authorized by W.S. 9-4-715(a), (d) and (e).
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 41 - State Self-Insurance Program › Section 1-41-105 - Powers and Duties of Risk Manager.

1-41-105. Powers and duties of risk manager.
(a) Except as otherwise provided in subsection (b) of this section, the risk manager shall:
(i) Administer the self-insurance account;
(ii) Implement and administer a loss prevention program for the purpose of reducing risks, accidents and losses;
(iii) Administer, supervise and manage the investigation and adjustment and settlement of claims covered by this act, including subrogation and restitution claims filed on behalf of the state self-insurance account;
(iv) Provide legal services for the defense of claims covered by this act through the attorney general or through private attorneys approved by the attorney general;
(v) Approve and supervise persons who may contract with the state to provide services;
(vi) Procure insurance, including comprehensive professional liability coverage for all peace officers, consistent with market availability;
(vii) Prepare a budget based upon economically and actuarially sound principles, which will maintain a reasonable and adequate surplus to meet estimated payments for contracts, services, claims and expenses;
(viii) Purchase loss prevention, actuarial and other professional services as required; and
(ix) Adopt rules governing the administration of the state's self-insurance account and loss prevention program and to carry out the purposes of this act.
(b) If the risk manager determines it is economically feasible he may contract with any private firm or firms to provide any administrative or other services deemed necessary under this act.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 41 - State Self-Insurance Program › Section 1-41-106 - Compromise or Settlement of Claims; Authority; Primary Insurance Coverage.

1-41-106. Compromise or settlement of claims; authority; primary insurance coverage.
(a) Any claim covered under this act may be compromised or settled according to the requirements in subsection (b) of this section. In settling a claim, the risk manager may require the execution and presentation of those documents required by rule and regulation including those documents which discharge or hold harmless the state, local government or public employee of all liability under the claim.
(b) The following parties are authorized to make compromises or settlements of claims in the following amounts:
(i) Repealed By Laws 1999, ch. 100, 2.
(ii) The risk manager is authorized to settle claims for an amount not to exceed fifty thousand dollars ($50,000.00);
(iii) The risk manager, after consultation with the attorney general, is authorized to settle claims for an amount not to exceed one hundred thousand dollars ($100,000.00); and
(iv) The governor is authorized to settle claims for any amount if the action arises under federal law. The governor is authorized to settle claims brought under the Wyoming Governmental Claims Act for any amount not to exceed the maximum liability limits under the Wyoming Governmental Claims Act.
(c) The provisions of the Wyoming Administrative Procedure Act are not applicable to the payment or settlement of claims. Any person or party adversely affected in compromising or settling a claim shall pursue his remedy in district court pursuant to the Wyoming Rules of Civil Procedure.
(d) The risk manager and the state have no liability, and no cause of action exists against either the risk manager or the state, for failure to settle a claim.
(e) Except with respect to volunteer physicians providing medical services under W.S. 9-2-103(a)(i)(C), an expenditure may be made out of the state self-insurance account for settlement or payment of any claim which is covered by liability insurance only to the extent any other liability insurance is not sufficient to satisfy the claim. Except with respect to volunteer physicians providing medical services under W.S. 9-2-103(a)(i)(C), any other liability insurance shall be considered as the primary coverage. Nothing in this section shall be deemed an increase in the limits of liability under W.S. 1-39-110 or 1-39-118(a).
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 41 - State Self-Insurance Program › Section 1-41-107 - Reports.

1-41-107. Reports.
(a) The division shall make an annual report to the governor and the legislature. The report shall include:
(i) The total number of claims filed against the state and peace officers covered under this act;
(ii) The number and amount of claims settled;
(iii) The cost of legal fees and adjustors' fees for the handling of claims;
(iv) The number and amount of final judgments paid;
(v) The number of claims pending and the reserves set aside for each pending claim;
(vi) The types and cost of insurance coverages procured as authorized under this act.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 41 - State Self-Insurance Program › Section 1-41-108 - Self-Insurance Program Not Subject to Insurance Laws.

1-41-108. Self-insurance program not subject to insurance laws.
Nothing in this act shall be construed as creating an insurance company nor in any way subjecting the self-insurance account to the laws of the state regulating insurance or insurance companies.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 41 - State Self-Insurance Program › Section 1-41-110 - Applicability.

1-41-110. Applicability.
(a) This act applies to claims based upon acts, errors or omissions occurring on and after October 1, 1985.
(b) This act applies to claims against peace officers employed by the University of Wyoming but does not apply to other claims against the University of Wyoming unless the university notifies the risk manager in writing on or before August 15 that it elects to be covered by this act for the period beginning July 1 of the succeeding fiscal year. If the University of Wyoming elects to be covered by this act, it shall continue the coverage for not less than three (3) years from the date the coverage begins.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 42 - Local Government Insurance Program › Article 2 - Local Government Self-Insurance Program › Section 1-42-201 - Definitions.

1-42-201. Definitions.
(a) As used in this act:
(i) "Board" means the local government self-insurance program joint powers board formed pursuant to this act;
(ii) "Eligible senior citizen center" means a private, nonprofit corporation which is providing the services to senior citizens under W.S. 18-2-105 in a geographical area which is not otherwise served by a senior citizen center which participates in the local government self-insurance program;
(iii) "Final judgment" means any judgment for monetary damages after all appropriate appeals from the judgment have been exhausted or after the time has expired when appeals may be taken;
(iv) "Local government" means as defined by W.S. 1-39-103(a)(ii) and includes eligible senior citizen centers;
(v) "Local government self-insurance program" or "program" means the program created by this act;
(vi) "Public employee" means any officer, employee or servant of a local government including elected or appointed officials and persons acting on behalf or in service of the local government in any official capacity, whether with or without compensation, including individuals engaged in search and rescue operations under the coordination of a county sheriff pursuant to W.S. 18-3-609(a)(iii). "Public employee":
(A) Except as provided in subparagraph (B) of this paragraph, does not include an independent contractor, peace officer or a judicial officer exercising the authority vested in him;
(B) Includes contract physicians, physician assistants, nurses, optometrists and dentists in the course of providing contract services for county jails.
(vii) "Scope of duties" means performing any duties which a local government requests, requires or authorizes a public employee to perform, regardless of the time and place of performance;
(viii) "This act" means W.S. 1-42-201 through 1-42-206.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 42 - Local Government Insurance Program › Article 2 - Local Government Self-Insurance Program › Section 1-42-203 - Self-Insurance Program Board; Powers and Duties.

1-42-203. Self-insurance program board; powers and duties.
(a) The board shall:
(i) Administer the program;
(ii) Provide legal services for the defense of claims covered by this act;
(iii) Procure insurance, including reinsurance, purchase loss prevention, actuarial and other professional services as required by the board;
(iv) Establish assessments as necessary to operate the program on an actuarially sound basis. Assessments shall be computed to provide for:
(A) Expenditures authorized under this act; and
(B) Stabilization charges to develop adequate reserves.
(v) Apportion and collect assessments from each participating local government;
(vi) Establish deductibles or retentions as deemed necessary for the efficient operation of the program; and
(vii) Adopt rules governing the administration of the program.
(b) The board may deny a local government participation in or may terminate a participant from the program for a failure to pay the assessments required under this act.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 42 - Local Government Insurance Program › Article 2 - Local Government Self-Insurance Program › Section 1-42-204 - Claims Procedures; Compromise or Settlement of Claims; No Extension of Liability.

1-42-204. Claims procedures; compromise or settlement of claims; no extension of liability.
(a) Nothing in this act shall be deemed to obviate the necessity of compliance with W.S. 1-39-113 by any claimant.
(b) Any claim covered under this act may be compromised or settled according to the rules of the board. The provisions of the Wyoming Administrative Procedure Act are not applicable to the payment or settlement of claims. Any person or party adversely affected in compromising or settling a claim shall pursue his remedy in district court pursuant to the Wyoming Rules of Civil Procedure. The board has no liability, and no cause of action exists against the board for failure to settle a claim.
(c) Self insurance provided under this act shall not be considered a purchase of insurance coverage and shall not be deemed an increase of the limits of liability under W.S. 1-39-118(b).
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 42 - Local Government Insurance Program › Article 2 - Local Government Self-Insurance Program › Section 1-42-205 - Local Government Insurance Program Not Subject to Insurance Laws.

1-42-205. Local government insurance program not subject to insurance laws.
Nothing in this act shall be construed as subjecting the local government insurance account to the laws of the state regulating insurance or insurance companies.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 43 - Mediation › Section 1-43-101 - Definitions.

1-43-101. Definitions.
(a) As used in this act:
(i) "Communication" means any item of information disclosed during the mediation process through files, reports, interviews, discussions, memoranda, case summaries, notes, work products of the mediator, or any other item of information disclosed during the mediation, whether oral or written;
(ii) "Mediation" means a process in which an impartial third person facilitates communication between two (2) or more parties in conflict to promote reconciliation, settlement, compromise or understanding;
(iii) "Mediator" means an impartial third person not involved in the conflict, dispute or situation who engages in mediation;
(iv) "Party to the mediation" means a person who is involved in the conflict, dispute or situation and is rendered mediation services by a mediator or consults a mediator with a view to obtaining mediation services;
(v) "Representative of the mediator" means a person employed by the mediator to assist in the rendition of mediation services;
(vi) "Representative of the party" means a person having authority to obtain mediation services on behalf of the party to the mediation or to act on advice rendered by the mediator;
(vii) "This act" means W.S. 1-43-101 through 1-43-104.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 43 - Mediation › Section 1-43-102 - General Rule of Confidentiality.

1-43-102. General rule of confidentiality.
Any communication is confidential if not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the mediation process or those reasonably necessary for the transmission of the communication.
2023 Wyoming Statutes › Title 1 - Code of Civil Procedure › Chapter 43 - Mediation › Section 1-43-103 - General Rule of Privilege; Claiming Privilege; Exception.

1-43-103. General rule of privilege; claiming privilege; exception.
(a) A party to the mediation has a privilege to refuse to disclose and to prevent all mediation participants from disclosing confidential communications.
(b) The privilege under this section may be claimed by a representative of the party or by a party, his guardian or conservator, the personal representative of a deceased party, or the successor, trustee or similar representative of a corporation, association, or other organization, whether or not in existence. The person who was the mediator may claim the privilege but only on behalf of the party. The mediator's authority to do so is presumed in the absence of evidence to the contrary.
(c) There is no privilege under this section if any one (1) of the following conditions is met:
(i) All the parties involved provide written consent to disclose;
(ii) The communication involves the contemplation of a future crime or harmful act;
(iii) The communication indicates that a minor child has been or is the suspected victim of child abuse as defined by local statute;
(iv) The communication was otherwise discoverable prior to the mediation;
(v) One of the parties seeks judicial enforcement of the mediated agreement.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 1 - Citations, Construction and General Procedure › Section 2-1-102 - Rules of Construction and Applicability.

2-1-102. Rules of construction and applicability.
(a) This code shall be liberally construed and applied, to promote the following purposes and policies to:
(i) Simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons;
(ii) Discover and make effective the intent of a decedent in distribution of his property;
(iii) Promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors;
(iv) Facilitate use and enforcement of certain trusts.
(b) Unless displaced by the particular provisions of this code, the principles of law and equity supplement the code provisions.
(c) This code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
(d) The procedure herein prescribed shall govern all proceedings in probate brought after the effective date of this code. It shall also govern further procedure in proceedings in probate then pending unless the court determines its application in particular proceedings or parts thereof is not feasible or will work an injustice, in which event the former procedure shall apply.
2023 Wyoming Statutes › Title 2 - Wills, Decedents' Estates and Probate Code › Chapter 1 - General Provisions › Article 1 - Citations, Construction and General Procedure › Section 2-1-103 - Objections to Appointments.

2-1-103. Objections to appointments.
For appointments made pursuant to the Wyoming Probate Code, unless a shorter period of time is specified in the code or by the court, or where an appointment will be made with no hearing or no notice, all persons having an objection to the appointment of any person as a personal representative, administrator, executor, trustee, conservator, fiduciary or receiver shall file the objection in the court considering the appointment no less than five (5) days prior to any hearing scheduled to consider the appointment. A court may waive this requirement upon a showing of good cause.