State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter35

CHAPTER 35 - STATE, STATE AGENCIES AND POLITICAL SUBDIVISIONS;ACTIONS BY OR AGAINST

 

1-35-101. Actions against state agencies deemed actions against state;jurisdiction.

 

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

 

1-35-102. Repealed by Laws 1979, ch. 157, 3.

 

 

1-35-103. Violation of state contracts to be reported to attorneygeneral; investigation; action to recover damages; employment of specialassistants.

 

(a) Any officer, board or commission of the state of Wyoming,or their legal counsel, responsible for the enforcement of any contract betweenthe state of Wyoming and any person, having reason to believe that there hasbeen a violation of the terms of the contract to the damage of the state ofWyoming, shall report the matter to the attorney general of the state ofWyoming. The attorney general shall make such investigation of the matter as isnecessary. Upon completion of the investigation and finding of probable damagesto the state of Wyoming, the attorney general may bring suit in any court ofcompetent jurisdiction to recover all damages that the state of Wyoming mayhave incurred by reason of the breach of contract, or for any money or otherproperty that may be due on the contract. Subject to the governor's approval hemay employ specially qualified assistants or counsel to aid in anyinvestigation 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 commissionof the state of Wyoming for the benefit of the state whether the contract ismade in the name of the state of Wyoming or in the name of the officer, boardor commission.

 

1-35-104. Actions under control of attorney general; settlement orcompromise with approval of governor.

 

Theattorney general shall control all investigations and actions instituted andconducted in behalf of the state as provided in W.S. 1-35-103 and has fulldiscretionary powers to prosecute all investigations and litigation and, withthe approval of the governor, to settle, compromise or dismiss the actions.

 

1-35-105. Compensation of assistants and court costs to be paid fromsums recovered; limitation on amount.

 

Anycontract of employment providing for reimbursement of court costs incurred inconnection with or fees to be paid for the specially qualified assistants andcounsel whose services may be employed shall provide that such fees and costsshall only be paid from moneys recovered by the state as the result of anyinvestigations, litigation or compromise in connection with which the servicesare rendered. The total obligation created by the employment for reimbursementof court costs and payment of fees for services rendered in each particularinvestigation or litigation shall not exceed one-half (1/2) of the amountrecovered in the proceedings.

 

1-35-106. Disposition of sums recovered; appropriation for costs andfees.

 

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

 

1-35-107. Actions by state or instrumentality, county, municipality orschool district; judgment and enforcement.

 

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

 

1-35-108. Deposit of security by state, municipality or agency.

 

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

 

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter35

CHAPTER 35 - STATE, STATE AGENCIES AND POLITICAL SUBDIVISIONS;ACTIONS BY OR AGAINST

 

1-35-101. Actions against state agencies deemed actions against state;jurisdiction.

 

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

 

1-35-102. Repealed by Laws 1979, ch. 157, 3.

 

 

1-35-103. Violation of state contracts to be reported to attorneygeneral; investigation; action to recover damages; employment of specialassistants.

 

(a) Any officer, board or commission of the state of Wyoming,or their legal counsel, responsible for the enforcement of any contract betweenthe state of Wyoming and any person, having reason to believe that there hasbeen a violation of the terms of the contract to the damage of the state ofWyoming, shall report the matter to the attorney general of the state ofWyoming. The attorney general shall make such investigation of the matter as isnecessary. Upon completion of the investigation and finding of probable damagesto the state of Wyoming, the attorney general may bring suit in any court ofcompetent jurisdiction to recover all damages that the state of Wyoming mayhave incurred by reason of the breach of contract, or for any money or otherproperty that may be due on the contract. Subject to the governor's approval hemay employ specially qualified assistants or counsel to aid in anyinvestigation 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 commissionof the state of Wyoming for the benefit of the state whether the contract ismade in the name of the state of Wyoming or in the name of the officer, boardor commission.

 

1-35-104. Actions under control of attorney general; settlement orcompromise with approval of governor.

 

Theattorney general shall control all investigations and actions instituted andconducted in behalf of the state as provided in W.S. 1-35-103 and has fulldiscretionary powers to prosecute all investigations and litigation and, withthe approval of the governor, to settle, compromise or dismiss the actions.

 

1-35-105. Compensation of assistants and court costs to be paid fromsums recovered; limitation on amount.

 

Anycontract of employment providing for reimbursement of court costs incurred inconnection with or fees to be paid for the specially qualified assistants andcounsel whose services may be employed shall provide that such fees and costsshall only be paid from moneys recovered by the state as the result of anyinvestigations, litigation or compromise in connection with which the servicesare rendered. The total obligation created by the employment for reimbursementof court costs and payment of fees for services rendered in each particularinvestigation or litigation shall not exceed one-half (1/2) of the amountrecovered in the proceedings.

 

1-35-106. Disposition of sums recovered; appropriation for costs andfees.

 

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

 

1-35-107. Actions by state or instrumentality, county, municipality orschool district; judgment and enforcement.

 

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

 

1-35-108. Deposit of security by state, municipality or agency.

 

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

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title1 > Chapter35

CHAPTER 35 - STATE, STATE AGENCIES AND POLITICAL SUBDIVISIONS;ACTIONS BY OR AGAINST

 

1-35-101. Actions against state agencies deemed actions against state;jurisdiction.

 

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

 

1-35-102. Repealed by Laws 1979, ch. 157, 3.

 

 

1-35-103. Violation of state contracts to be reported to attorneygeneral; investigation; action to recover damages; employment of specialassistants.

 

(a) Any officer, board or commission of the state of Wyoming,or their legal counsel, responsible for the enforcement of any contract betweenthe state of Wyoming and any person, having reason to believe that there hasbeen a violation of the terms of the contract to the damage of the state ofWyoming, shall report the matter to the attorney general of the state ofWyoming. The attorney general shall make such investigation of the matter as isnecessary. Upon completion of the investigation and finding of probable damagesto the state of Wyoming, the attorney general may bring suit in any court ofcompetent jurisdiction to recover all damages that the state of Wyoming mayhave incurred by reason of the breach of contract, or for any money or otherproperty that may be due on the contract. Subject to the governor's approval hemay employ specially qualified assistants or counsel to aid in anyinvestigation 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 commissionof the state of Wyoming for the benefit of the state whether the contract ismade in the name of the state of Wyoming or in the name of the officer, boardor commission.

 

1-35-104. Actions under control of attorney general; settlement orcompromise with approval of governor.

 

Theattorney general shall control all investigations and actions instituted andconducted in behalf of the state as provided in W.S. 1-35-103 and has fulldiscretionary powers to prosecute all investigations and litigation and, withthe approval of the governor, to settle, compromise or dismiss the actions.

 

1-35-105. Compensation of assistants and court costs to be paid fromsums recovered; limitation on amount.

 

Anycontract of employment providing for reimbursement of court costs incurred inconnection with or fees to be paid for the specially qualified assistants andcounsel whose services may be employed shall provide that such fees and costsshall only be paid from moneys recovered by the state as the result of anyinvestigations, litigation or compromise in connection with which the servicesare rendered. The total obligation created by the employment for reimbursementof court costs and payment of fees for services rendered in each particularinvestigation or litigation shall not exceed one-half (1/2) of the amountrecovered in the proceedings.

 

1-35-106. Disposition of sums recovered; appropriation for costs andfees.

 

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

 

1-35-107. Actions by state or instrumentality, county, municipality orschool district; judgment and enforcement.

 

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

 

1-35-108. Deposit of security by state, municipality or agency.

 

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

 

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