Chapter 3 - County Officers
CHAPTER 3 - County Officers
ARTICLE 1 - GENERALLY
18-3-101. Time of qualifying.
Allcounty officers elected at a general election shall qualify and assume theiroffices on the first Monday in January next following their election.
18-3-102. County officers required to execute bonds; amount; sureties;penalty.
(a) All county officers, except county attorneys, beforeassuming the duties of their office and within twenty (20) days after thecommencement of the term for which they were elected or appointed, shall take,subscribe and file the oath of office, and execute and file their officialbonds to the state of Wyoming to insure the honest and faithful performance oftheir duties, in the penal amounts specified and according to the followingprovisions:
(i) County assessor: a bond approved by the board of countycommissioners of five thousand dollars ($5,000.00) with at least two (2)sureties who are residents of the county or of a responsible surety company;
(ii) Repealed by Laws 1981, Sp. Sess., ch. 22, 2.
(iii) County clerk: a bond filed with the county treasurer of notless than four thousand dollars ($4,000.00) with at least two (2) sureties;
(iv) County commissioners: a bond approved by the clerk of thedistrict court of one thousand dollars ($1,000.00);
(v) County sheriff: a bond approved by the board of countycommissioners of four thousand dollars ($4,000.00) with sufficient surety;
(vi) County surveyor: a bond of one thousand dollars ($1,000.00)with sufficient sureties;
(vii) County treasurer: a bond in an amount prescribed by theboard of county commissioners and filed in the office of the county clerk withan approved corporate surety company or at least three (3) sufficient sureties.If for any reason the bond has not been approved by the board of countycommissioners, the bond may be approved by the county clerk, but final approvalmust be given by the board of county commissioners at their next regularmeeting. If the board of county commissioners has not prescribed the amount ofthe bond it shall be not less than the total amount of taxes levied for theyear;
(viii) County coroner: a bond as specified in W.S. 7-4-101.
(b) The board of county commissioners may require any countyofficer who receives county revenue to execute a bond in the penal amount ofone and one-fourth (1 1/4) times the amount of revenue received.
(c) Deputy county assessors appointed as provided by W.S.39-13-102(a) shall execute a bond with the county in the penal sum of twothousand dollars ($2,000.00) conditioned that they will faithfully andimpartially observe the laws relating to the listing, assessing and valuing ofall property.
(d) Whenever the board of county commissioners requires anycounty officer to execute a new or additional bond, the county clerk shallimmediately give personal notice to that officer. If the bond is not executedwithin twenty (20) days after receipt of the notice, the board of countycommissioners shall declare the office vacant and shall appoint a qualifiedperson to hold the office as provided by W.S. 22-18-111.
(e) Sureties of official bonds as provided in this sectionshall be residents of the state and have a net worth of twice the amountsecured by the bond and each shall sign an affidavit, which will be endorsed onthe bond, of his net worth. Any surety who willfully and corruptly makes afalse affidavit as to his qualifications is guilty of false swearing.
(f) If a surety ceases to possess the required qualifications,the board of county commissioners shall require the county officer giving thebond to execute a new one.
(g) Any action to recover on the bonds provided in this sectionshall be in the name of the people.
18-3-103. Offices and records to be kept within county; exceptions;records open to public inspection; removal for purposes of copying; penalty.
(a) Each county officer except the county attorney, the countycoroner and the county sheriff if the county jail is not located in the countyseat, shall keep his office at the county seat of the county in an officeprovided by the county. If the county does not provide an office then theoffice shall be maintained at a place approved by the board of countycommissioners:
(i) The county clerk, county sheriff and county treasurer shallbe furnished offices in the courthouse or building used as such;
(ii) The county and prosecuting attorney and the county attorneyshall be furnished suitable office space at the expense of the county whichshall if practicable be located at or near the courthouse;
(iii) The office of the county assessor may be with the office ofanother county officer as determined by the board of county commissioners;
(iv) The office of the county coroner may be located at anysuitable location determined by the county coroner with the approval of theboard of county commissioners.
(b) All county officers shall keep their offices open duringthe usual business hours of each day excluding Sundays.
(c) All books and papers required to be in county offices areopen to the examination of any person without fee. The officer in charge of anydocuments may temporarily remove them for lawful reproduction purposes andduring the period of removal shall not be subject to any penalty. Any officeror person not complying with the provisions of this subsection shall forfeitfive dollars ($5.00) for each day he fails to comply.
18-3-104. Copies of instruments and transcripts of records asevidence.
Copiesof all documents, writs, proceedings, instruments, papers and writings filed ordeposited in the office of any district judge, county clerk or county treasurerand transcripts from books of record or proceedings kept by any such officers,with the seal of his office affixed, is prima facie evidence in all cases.
18-3-105. Powers and compensation in special cases.
Wheneverany county officer is required to perform the official duties of any otherofficer of this state he shall have for that time the same powers given by lawto the officer whose duties he performs and shall receive the same compensationfor his services.
18-3-106. Full-time officers enumerated.
Eachcounty clerk, county treasurer, clerk of the district court, county assessorand county sheriff shall devote full time to the duties of their respectiveoffices during the term for which they were elected or appointed. In countieswhich are not served by a district attorney and in which the population exceedsnine thousand (9,000) but is less than sixty thousand (60,000), the county andprosecuting attorney shall devote full-time to the duties of his officewhenever a majority of the county commissioners in that county resolve that afull-time county and prosecuting attorney is necessary. In counties which arenot served by a district attorney and in which the population does not exceednine thousand (9,000), as well as in counties which are served by a districtattorney, the county commissioners may designate the office of county attorneyand the office of county and prosecuting attorney as a full-time office. Thedesignations shall be made by resolution at the time salaries are set underW.S. 18-3-107(a).
18-3-107. Annual salaries of certain officers; additional compensationprohibited; exception as to traveling and other expenses; compensation ofcounty commissioner; appointment and salaries of deputies, clerks,stenographers and other assistants.
(a) County officers shall be paid as follows:
(i) The county assessor, part-time county and prosecutingattorneys, part-time county attorneys, county clerk, clerk of district court,county sheriff and county treasurer in their respective counties shall receiveas annual salaries:
(A) Repealed By Laws 2009, Ch. 142, 2.
(B) From and after January 1, 2007, not less than ten thousanddollars ($10,000.00) nor more than seventy-five thousand dollars ($75,000.00);
(C) From and after January 3, 2011, not less than ten thousanddollars ($10,000.00) nor more than one hundred thousand dollars ($100,000.00).
(ii) Full-time county attorneys and full-time county andprosecuting attorneys shall receive as annual salaries:
(A) Repealed By Laws 2009, Ch. 142, 2.
(B) From and after January 1, 2007, not less than thirty-fivethousand dollars ($35,000.00) nor more than eighty-five thousand dollars($85,000.00);
(C) From and after January 1, 2009 and to the extent permittedunder the constitution and statutory law, not less than thirty-five thousanddollars ($35,000.00) nor more than the salary authorized for a districtattorney under W.S. 9-1-802(d).
(iii) Salaries shall be paid in equal monthly installments. Theboard of county commissioners of each county shall meet not later than June 1,1978, and on or before the same date each four (4) years thereafter, for thepurpose of setting salaries, which shall not be changed during the term of eachofficial for whom a salary is determined.
(b) The salaries provided in subsection (a) of this sectionshall compensate county officers for all of the duties prescribed by law to beperformed by them, and no such officer shall receive from federal, state orcounty funds any additional or separate salary or compensation other than asabove specified. This restriction shall not apply to traveling and otherexpenses nor to compensation allowed for office or house rent when expresslyprovided by law nor to other benefits provided to all employees of therespective county.
(c) Each county commissioner will be paid such compensation asthe board of county commissioners determines by resolution. No countycommissioner may receive more than the lowest compensation paid any electedcounty officer in the same county who serves full-time as specified in W.S. 18-3-106.
(d) The board of county commissioners shall meet not later thanJune 1, 1978, and on or before the same date each four (4) years thereafter forthe purpose of setting their salaries for the following four (4) years,commencing January 1. The salary amount, when determined, cannot be increasedduring the period for which established. In addition thereof, each commissionershall be paid his actual expenses while away from his home on official countybusiness and not exceeding the same mileage allowance as received by stateemployees for each mile actually and necessarily traveled other than in acounty owned vehicle in going to and returning from the meetings of the boardand in the discharge of the duties of his office. Only one (1) mileage allowanceshall be allowed per vehicle per trip. No commissioner's salary or expense forany purpose shall be charged to any account other than the countycommissioner's account in the county budget. No commissioner shall be allowedany other salary from the county other than that herein stipulated.
(e) By and with the consent of the board of countycommissioners of the respective counties, the county assessor, county clerk,clerk of the district court, county and prosecuting attorney and countytreasurer in each county in the state may appoint one (1) or more deputies foreach of the above-named offices who shall receive an annual salary of not lessthan twenty percent (20%) of the above named officer's salary to be establishedby the board of county commissioners and also appoint such other clerks,stenographers and assistants as may be necessary to properly administer theaffairs of any county office.
(f) The state will pay fifty percent (50%) of the salary of thecounty and prosecuting attorney per year to each qualifying county. The statewill pay thirty thousand dollars ($30,000.00) or fifty percent (50%) of thesalary of each assistant to the county and prosecuting attorney, whichever isless, per year. Payments under this section shall be made annually on or beforeJune 30.
(g) The board of county commissioners of the respectivecounties may appoint one (1) or more assistants or staff positions, whosesalary shall be established by the board of county commissioners, as may benecessary to properly administer the affairs of the board of countycommissioners. Persons appointed to an assistant or staff position shall notperform any duties statutorily delegated to any other county elected official.
18-3-108. Salaries paid in monthly installments; allowance bycommissioners.
Thesalaries of county officers shall be paid in equal monthly installments by thecounty in which they serve and shall be allowed at the first regular monthlymeeting of the board of county commissioners occurring after the rendition ofservice.
18-3-109. Repealed By Laws 2010, Ch. 69, 208.
18-3-110. Reimbursement for traveling expenses; receipt required.
Anycounty officer whose official duties require him to travel away from the countyseat shall be reimbursed by the county for his actual and necessary travelingexpenses and mileage as provided by W.S. 9-3-103. The county sheriff may alsobe reimbursed for travel away from the county jail for official duties, if thejail is not located in the county seat. No officer requesting mileage expensesshall claim additional transportation expense. The board of countycommissioners shall not allow payment for traveling expenses unless there arereceipts for all monies expended.
18-3-111. Responsibility of officers.
Allcounty officers are responsible for the acts of their deputies and assistants,and as such are liable on their official bonds.
18-3-112. Powers; bonds.
Alldeputy county officers have the same power and authority as their principal,and all official acts performed by them have the same force and effect as ifdone by their principal. All officers appointing deputies and assistants mayrequire from them bond for their own protection, in such sum as they see fit.
ARTICLE 2 - ASSESSORS
18-3-201. Qualifications; certification and education.
(a) There shall be elected in each county a county assessor asprovided by the Wyoming Election Code of 1973 as amended, who shall be aqualified elector and own real property in the county in which he is elected.
(b) The department of revenue, after consultation with thepresident of the county assessor's association, shall:
(i) Establish, implement and maintain a mandatory system ofeducation and training for all property tax appraisers;
(ii) Establish standards and criteria for certification;
(iii) Provide a temporary and permanent certification programbased on education, relevant experience or examination; and
(iv) Report excessive absences of any county assessor fromrequired education programs to the appropriate board of county commissionersand to the governor.
(c) As used in this section "property tax appraiser"means any employee of the state or any county, including elected countyassessors, who makes valuation judgments used as a basis for ad valoremtaxation.
(d) No individual shall perform the duties or exercise theauthority of a property tax appraiser unless the person is certified by thedepartment of revenue. No certificate shall be issued to any individual who hasnot demonstrated to the department of revenue that the individual is competentto perform the necessary work or administer the necessary operation of anassessor's office. An individual may serve as county assessor withoutcertification for one (1) elected term and the remainder of any unexpired termto which appointed.
(e) The director of the ad valorem tax division, under thedirection of the department of revenue, shall provide for examination ofapplicants for certificates and shall conduct or sponsor in-service orpre-entry training programs on the technical, legal and administrative aspectsof the appraisal and assessment process. For this purpose, the director maycooperate with educational institutions, and regional, state or nationalappraisal and assessing organizations, and shall receive the advice of thepresident of the county assessor's association, to develop training programs.
(f) The director, upon appropriation by the legislature, shallalso provide for the costs of obtaining and presenting schools including, butnot limited to, normal costs of tuition, books and instructor expenses. Thedirect expenses related to students, such as travel, housing and meals whileattending the schools, shall be the direct responsibility of each respectiveentity.
18-3-202. Oath.
Beforeentering upon the duties of his office, the county assessor shall take andsubscribe the following oath or affirmation: "I, .... having been electedassessor of .... county, state of Wyoming, do solemnly swear (or affirm) that Iwill faithfully and impartially perform the duties of assessor of the county of...., state of Wyoming, according to law and to the best of my ability, andthat I will without fear or favor assess all taxable property within the countyof ...., at its fair value. So help me God".
18-3-203. Supplies.
Thecounty assessor shall be furnished with books, assessment roll, stationery andsupplies as necessary for the proper discharge of his duties.
18-3-204. Duties generally.
(a) Each county assessor shall:
(i) Keep his office open during the usual business hours withthe exception of the time he is away in the performance of his duties makingassessments and listing property for the purpose of taxation;
(ii) Secure data concerning the listing and taxation of propertywithin his county and gather data from public records and other sources as willenable him to assess all property at its fair value;
(iii) Examine the county records relating to transfers ofproperty and gather from all reliable sources information of the changes ofownership of property, and record transfers of property to enable him to assessall property to its rightful owner or owners;
(iv) Gather information relating to land passing from thegovernment of the United States into private ownership under the public landlaws of the United States, and make records to enable him to list and assesssuch property to the owner or owners thereof;
(v) When he is not making the assessment for the current year,devote himself to a study of property valuations in his county, and he maysubpoena witnesses, administer oaths, examine them under oath, and requirecertified copies of any part of any public records or documents within hiscounty necessary during the course of such investigation. Whenever any subpoenais issued by the county assessor, it shall be served by the county sheriffwithout charge to the county. Any witness or person subpoenaed by the countyassessor shall receive the same fees as allowed in civil actions;
(vi) Prepare the assessment schedule in duplicate and leave withthe property owner or person having control of the taxable property a copy ofthe assessment schedule. If any changes are subsequently made to the assessmentschedule by the county assessor or his deputies, the county assessor shallimmediately notify the property owner or person having control of the taxableproperty of the change;
(vii) After the county board of equalization has finished theirequalization of property for taxation and corrections have been designated bythem, complete the roll and make the corrections and changes designated by theboard, correctly foot the roll, and when completed subscribe and make thefollowing oath which shall be attached to the roll: "I, ...., countyassessor within and for the county of ...., state of Wyoming, do solemnly swear(or affirm) that I or my deputies have demanded, received and reviewed fromevery property owner or person having control of taxable property within thecounty of ...., State of Wyoming, a complete and detailed statement of theamount and fair value of all taxable property and that I or my deputies haveviewed the property listed, and have revised and corrected the statements wherenecessary; and that I have to the best of my knowledge and ability valued theproperty at its fair value; and in no case have I or my deputies knowinglyomitted to demand a statement of the description and value of property in thecounty, and that I have not knowingly omitted to perform any duty required byme by law, and have not connived at any evasion or violation of anyrequirements of law in relation to the listing and valuation of property. Sohelp me God.";
(viii) Immediately after the taxes are levied each year make thetax list in tabular form and in alphabetical order upon the form and in themanner prescribed by law;
(ix) Faithfully and diligently follow and apply the orders,procedures and formulae of the department of revenue or orders of the stateboard of equalization for the appraisal and assessment of all taxable property;
(x) Attend continuing education programs not to exceed forty(40) classroom hours per year provided by or approved by the department ofrevenue.
18-3-205. Interfering with assessor; failure to return property;penalties.
(a) Any person interfering with the county assessor or deputycounty assessor in the discharge of his duties, or any person refusing to allowthe county assessor, deputy county assessor or representative of the departmentof revenue to examine any property pursuant to W.S. 39-13-103(b)(v), is guiltyof a misdemeanor, and upon conviction shall be fined not more than sevenhundred fifty dollars ($750.00), or imprisoned for not more than six (6) monthsin jail, or both.
(b) Any person who fails to return any taxable property ownedby him or under his control is guilty of a misdemeanor and upon convictionshall be fined not exceeding five hundred dollars ($500.00), imprisoned in thecounty jail not exceeding ninety (90) days, or both.
18-3-206. Penalties.
(a) Any county assessor who fails to perform the dutiesprovided by W.S. 18-3-201 through 18-3-206 is guilty of a misdemeanor and uponconviction shall be fined not exceeding five hundred dollars ($500.00).
(b) Any county assessor who swears falsely to any oath providedby W.S. 18-3-201 through 18-3-206 is guilty of false swearing.
(c) Any county assessor, deputy assessor or member of anycounty board of equalization who knowingly and willfully values or equalizestaxable property at other than its fair value is guilty of a misdemeanor andupon conviction shall be fined not exceeding five hundred dollars ($500.00),imprisoned in the county jail not exceeding ninety (90) days or both, and shallforfeit his office.
ARTICLE 3 - COUNTY AND PROSECUTING ATTORNEYS
18-3-301. Office created; qualifications; certificate of election;counties empowered to consolidate.
(a) In judicial districts in which the office of districtattorney has not been created there shall be elected in each county a countyand prosecuting attorney who at the time of his nomination and election andduring his term of office, shall be a member of the bar of this state. A copyof his certificate of election and oath shall be filed by the county andprosecuting attorney with the clerk of the district court for his county orcounties. In those judicial districts in which the office of district attorneyhas been created the county commissioners shall appoint an attorney to theoffice of county attorney for a term of one (1) year, who may be reappointed ona year-to-year basis. The county commissioners may remove the county attorneyfor cause.
(b) The boards of county commissioners of two (2) or morecontiguous counties not served by a district attorney may by resolutionconsolidate the offices of, and agree to be served by, a single county andprosecuting attorney who shall be elected by a vote of the electors of all thecounties within the consolidated area.
18-3-302. Duties generally; employment of other attorneys by county.
(a) Each county attorney shall:
(i) Act in all courts in the state as legal counsel for hiscounty or counties and its officers acting in their official capacity andprosecute or defend all suits instituted by or against his county or countiesor its officers;
(ii) Give his opinion in writing upon the request of any countyofficer of his county or counties, without fee, upon all questions of lawrelating to the duties of such officer and file and preserve in his office acopy of all such opinions;
(iii) Examine the bonds offered by every county officer beforethe bonds are approved by the board of county commissioners and report inwriting to the board of county commissioners or to the judge of the districtcourt whether the bonds are executed as required by law;
(iv) Perform other duties as prescribed by law.
(b) In any county in a judicial district in which the office ofdistrict attorney has not been created, the county and prosecuting attorneyshall have the jurisdiction, responsibilities, and duties of the districtattorney and of the county attorney.
(c) Nothing in this section shall be construed to prevent thecounty commissioners of any county or consolidation of counties from employingone (1) or more attorneys to appear and prosecute or defend or assist thecounty and prosecuting attorney in behalf of the people of the state or suchcounty or consolidation of counties in any action or proceeding, whether civilor criminal. In such case, the nature and necessity of the employment shallappear in the record of the board or boards. Nothing in this section shall beconstrued to prevent the board of county commissioners of a county which hasconsolidated from independently employing one (1) or more attorneys to servetheir respective counties.
18-3-303. Fees or salary; restriction upon employment; failure toperform official duties.
(a) Each county attorney and their deputies shall receive suchfees, salary or both as allowed by the board of county commissioners. Whencounties have consolidated the office of county and prosecuting attorneypursuant to W.S. 18-3-301(b) the salary of county and prosecuting attorneysshall be apportioned between the counties by agreement of the boards of countycommissioners, but a county which has consolidated may independently employ adeputy county and prosecuting attorney. The boards of county commissioners ofeach county which have consolidated shall meet once every four (4) years to setsuch salaries.
(b) The board of county commissioners, or boards of county commissionerswhen counties have consolidated pursuant to W.S. 18-3-301(b), may prohibitcounty and prosecuting attorneys or their deputies from engaging in the privatepractice of law directly or indirectly. This section shall not prohibit thecounty and prosecuting attorney from completing all civil cases not in conflictwith the interests of the county or counties, in which he is counsel andpending in court before he takes office.
(c) The county attorney shall not receive any fee from orprosecute or defend any individual or corporation in any civil or criminal suitor proceeding at law in which this state or his county or counties may be aparty.
(d) If the attorney fails, neglects or refuses to perform anyofficial duties enjoined upon him by law he and his sureties are liable on hisofficial bond in a sum not less than one hundred dollars ($100.00) and not morethan five hundred dollars ($500.00), in the discretion of the court havingjurisdiction.
(e) Repealed by Laws 1981, Sp. Sess., ch. 22, 2.
(f) Repealed by Laws 1981, Sp. Sess., ch. 21, 3.
18-3-304. Travel allowances.
Whenany county attorney is called upon to render services for the county outside ofhis county or consolidation of counties, or within his county or consolidationof counties at a distance of more than ten (10) miles from the county seat, ormore than ten (10) miles from his own residence, he may in the discretion ofthe board or boards of county commissioners receive his actual and necessarytraveling expenses as provided by W.S. 9-3-103 in attending to such services,in addition to his salary as county attorney.
18-3-305. Repealed by Laws 1981, Sp. Sess., ch. 22, 2.
ARTICLE 4 - COUNTY CLERKS
18-3-401. Office created; election.
Thereshall be elected in each county a county clerk.
18-3-402. Duties generally.
(a) The county clerk shall:
(i) Act as clerk to the board of county commissioners and assuch shall:
(A) Attend all sessions of the board of county commissionerseither in person or by deputy;
(B) Keep the seal, records and papers of the board of countycommissioners;
(C) Record in a book provided for that purpose all proceedingsof the board;
(D) Make regular entries of all the board's resolutions, ordersand decisions in all questions coming before it;
(E) Sign all orders issued by the board for the payment ofmoney and preserve and file all accounts acted upon by the board with amemorandum of its action thereon;
(F) Perform other duties as required by the board of countycommissioners.
(ii) Keep a book in which are entered all licenses, exceptmarriage licenses, giving the names of the persons to whom such licenses areissued with the date, amount and purpose for which the license was issued;
(iii) Keep a book of blank county warrants or orders with a blankmargin which shall be properly filled out before any warrants are delivered. Heshall not deliver any warrant until it is properly signed by the chairman ofthe board of county commissioners, countersigned by the county treasurer andattested by himself with the county seal;
(iv) Keep a seal provided by the board of county commissioners,the impression of which shall contain the words "The State of Wyoming,County Clerk", together with the name of the county;
(v) Designate upon every account audited and allowed the amountallowed and file such accounts as well as those not allowed in separateaccounts. He shall not sign or issue any county warrants unless ordered by theboard of county commissioners. He shall number each warrant issued;
(vi) Have custody and keep all books, records, deeds, maps,papers and copies thereof deposited or kept in his office as required by law.All deeds, mortgages, and other instruments in writing authorized by law to berecorded or filed in his office and left in his office shall be:
(A) Recorded in distinct handwriting or by typing,photostating, photographing, printing or other reproduction, either in whole orin part, in suitable books; or
(B) Recorded on microfilm, microcards or other permanent recordretention medium. All reproduction processes shall be instituted and usedpursuant to W.S. 9-2-413. Maps may either be recorded as herein provided or ifthe copying is unlikely to provide a satisfactory record, the county clerk maykeep the originals or tracings thereof, undamaged and unfolded and make printsavailable for public use.
(vii) Record any deed containing a metes and bounds descriptionwhich may be accompanied by a map prepared in compliance with law anddelineating the land described in the deed. If a map delineating the land hasbeen previously recorded, the deed may make reference to the recorded map. Thecounty clerk shall charge a fee of two dollars ($2.00) for recording thesemaps;
(viii) Require any person presenting a document for recordingwhich is legible but not sufficiently clear to produce a readable copy tosubstitute a clear original or legible true copy of the original document, orthe county clerk may prepare a true copy by handwriting or typewriting andattach the same to the original as part of the document for making thepermanent photographic record. The county clerk shall charge a fee of fiftycents ($.50) per one hundred (100) words for preparing a true copy;
(ix) Keep in his office a general index, direct and inverted, inwhich he shall make correct entries of every instrument recorded or filed underappropriate headings, entering the names of the grantors and grantees inalphabetical order. He shall make correct entries in the index of every instrumentrequired by law to be entered therein. He shall immediately note in theappropriate index, in the proper column and opposite the entry whenever anymortgage, bond or other instrument has been released or discharged from record,whether by written release or by recording a deed of release;
(x) Keep a receiving book, each page of which is divided intosix (6) columns, specifying the time of reception, the names of the grantors,the names of the grantees, from whom received, to whom delivered and the feesreceived:
(A) Whenever any instrument is received for recording,immediately endorse upon the instrument his certificate, noting the day, hourand minute of its reception, the book and page where recorded, the feesreceived for recording and date of record;
(B) The date of record of all instruments requiring recordingor filing shall be the date of filing;
(C) Whenever any instrument has been filed the county clerkshall immediately make an entry of the same, and after the instrument requiringrecording is recorded he shall immediately deliver it to the person authorizedto receive it, writing the name of the person to whom it is delivered in theappropriate column;
(D) No county clerk shall perform any of these duties unlessany required fee has been paid.
(xi) Keep abstract books provided by the board of countycommissioners in which all transfers and mortgages of real property and allliens upon real estate are briefly entered. All instruments affecting realestate and left for record or filed in the office shall be abstracted againstall lands described in the instrument either directly or by reference toanother properly recorded instrument as soon as practicable in the order inwhich received:
(A) The county clerk shall enter in dark colored ink in theabstract book all recorded transfers of real estate and all mortgages,construction liens and judgment liens;
(B) All abstract entries of land shall be made in a well boundproperly ruled book which shall in the headlines describe the legal division ofland or subdivision, naming section, township and range according to the UnitedStates surveys when the same is described in the instrument filed for record.The book shall contain ruled parallel columns in which shall be entered:
(I) The name of the grantor or grantee;
(II) The name of the mortgagor or mortgagee or the partiesthereto;
(III) The character of the instrument;
(IV) The consideration stated in the instrument;
(V) The date of the instrument;
(VI) The date of filing in the clerk's office;
(VII) The description of the premises;
(VIII) Other pertinent remarks as will show the instrument wasproperly witnessed and acknowledged.
(C) All abstract entries of town lots shall be made in asimilar manner to those of lands but shall be in a separate book provided bythe board of county commissioners and the number of the lot and block shallappear in the headlines.
(xii) File or file and record every notice, abstract or statementof any lien or claim or release or discharge thereof in favor of the UnitedStates or any department or bureau thereof as provided by the laws of theUnited States when any such instrument has been prepared in conformity to thelaws of the United States and is presented for filing or filing and recording:
(A) The county clerk shall number such notices, abstracts orstatements in the order in which they are filed and if they are required to berecorded he shall record them in a well bound book to be called "federallien record." All instruments which require filing or recording shall beindexed alphabetically under the names of the persons named or affected in awell bound book called "index to federal liens";
(B) No fee shall be charged for the performance of theseservices and the failure to file, record or index properly the notice, abstractor statement shall not affect the validity or legality of any such lien, claim,release or discharge.
(xiii) Accept and use as official record books, when furnished himwithout charge, books containing printed forms of water right contracts, formsfor subscription to the stock of corporations or associations whereby waterrights are acquired and forms of deeds of water rights from all corporationsand water user associations organized for constructing, maintaining oroperating ditches, reservoirs or other water works for irrigation, mining,milling or power purposes. The charge for recording such instruments is tencents ($.10) per folio of one hundred (100) words actually written in pen andink or typewritten;
(xiv) Issue certificates under the seal of the county relating tothe selection or relinquishment of state or school lands required by the stateboard of land commissioners without requiring the payment of fees:
(A) At the request of the state board of land commissioners thecounty clerk shall record and abstract all contracts between the United Statesand the state of Wyoming. All deeds, relinquishments or assignments executed bythe authority of the state board of land commissioners shall be executed underhis seal without requiring the payment of fees.
(xv) Endorse a certificate upon every bond or evidence of debtissued pursuant to law that the same is within the lawful debt limit of thecounty and is issued according to law. Such certificates shall be signed in hisofficial character;
(xvi) Collect and remit to the county treasurer the followingfees:
(A) Recording charges for any instrument -first page --------------------------------------------------------- ......$8.00
Each additional page------------------------ 3.00
(B) Abstract of personal property (per year)---- ..1.00
(C) Acknowledgments ---------------------------- ..2.00
(D) Bond oath and notary public commission -first page --------------------------------------------------------- .......8.00
Each additional page-------------------------- 3.00
(E) Military discharge and separation papers (first recording) --------------------------------------------------------- ....NoCharge
(F) Marriage license --------------------------- ..25.00
(G) Marriage license certified copy ------------ ..5.00
(H) Repealed by Laws 2002, Ch. 96, 2.
(J) Certification ------------------------------ ..3.00
(K) State tax liens ---------------------------- ..10.00
(L) Release of state tax liens
-------------------------------------------------- ..INCLUDED IN FILING FEE
(M) Additional recording charge for any instrument with morethan five (5) grantors or grantees of a different surname -each additional name ---------------------------------------------------- ....1.00
(N) Additional recording charge for each section, block, lot ortract - descriptionin excess of ten (10)--------------- 1.00
(O) Plats filed (including cemeteries and amended plats) .50.00
(P) Liens filed pursuant to Title 29 -first page ..8.00
Each additional page---------------------------- 3.00
(Q) Filing charge for each corner record or certificate ..1.00
(R) Recording charge for any instrument containing more thantwo (2) real estate descriptions by book and page only -each additionaldescription --------------------------------------------- ..2.00
(S) Liens filed pursuant to W.S. 20-6-106(y)..........................................-------------- 8.00
Each additional page---------------------------- 3.00
Additional recordingcharge for each additional collateral description--------------------------------------------- 1.00
(T) For filing and indexing an original financing andtermination statement...................--------------------------- 10.00
For each additionalcertificate of title upon which the lien is note for perfection------------------------------------- 1.00
(U) For statements of amendment, continuation orassignment.............................----------------- 5.00
(W) For lien search and certification of filings of record andaffixing the seal...............----------------------- 10.00
(Y) Repealed By Laws 2010, Ch. 69, 204.
(xvii) Permit any person authorized by the board of countycommissioners of any new county or of any bonded abstract company, and at theexpense of the new county or abstract company, to examine the records of alldeeds, mortgages, maps and other instruments which affect any property locatedwithin the boundaries of the new county, and to transcribe or photograph thesame in books provided by the new county or abstract company:
(A) The county clerk shall compare the transcribed orphotographed instruments in his office and shall certify to the county clerk ofthe new county or the abstract company that they are true and correct copies ofthe originals. The county clerk certifying the transcripts or photographs shallreceive fifty cents ($.50) per hour for time spent by him in comparing andcertifying the transcripts or photographs. All expenses shall be paid by thenew county;
(B) The county clerk of the new county or the bonded abstractcompany shall index and abstract in the proper books all transcribed orphotographed instruments which shall be received in evidence and have the sameeffect as if they had been originally filed in the new county.
(xviii) Deliver upon the written demand of the county clerk of anynew county all books of record containing abstracts of lands in townships lyingwholly within the boundaries of the new county and all books containingabstracts of townsites and town lots lying wholly within the boundaries of thenew county together with the plats of the townsites or town lots. When the countyclerk of the new county has received the books and abstracts they shall becomea part of the records of the new county and no further abstracts of theinstruments are required;
(xix) Repealed By Laws 2010, Ch. 34, 2.
(xx) Deliver to his successor in office all books, records,papers and other items belonging to his office;
(xxi) Remit all monies coming into his office to the countytreasurer;
(xxii) Perform other duties as prescribed by law, as county clerkand register of deeds;
(xxiii) Perform all duties or general accounting required toimplement the Uniform Municipal Fiscal Procedures Act;
(xxiv) File maps as defined in W.S. 33-29-139. The county clerkshall charge a fee of twenty-five dollars ($25.00) for filing the maps.
(b) No individual, corporation or governmental entity is exemptfrom payment of fees in advance.
(c) A county clerk may charge a reasonable fee for a copy or areproduction of a public record, but the fee shall not exceed the actual costof duplication of the record. As used in this subsection, "actual cost ofduplication" means the cost of materials and supplies used to duplicate orreproduce the record, but shall not include the cost of labor or the overheadassociated with the duplication.
ARTICLE 5 - COUNTY COMMISSIONERS
18-3-501. Composition; election for increasing the number; term;quorum; election for districting; procedures.
(a) Each board of county commissioners shall consist of three(3) qualified electors who shall be elected in the following manner: at thegeneral election held in the year 1980 and every fourth year thereafter, thereshall be elected one (1) commissioner for a term of four (4) years and at thegeneral election held in the year of 1978 and every fourth year thereafterthere shall be elected two (2) commissioners for a term of four (4) years each.Any two (2) members of the board constitute a quorum and are competent to act.
(b) Notwithstanding subsection (a) of this section, any countymay increase the membership of its board of county commissioners from three (3)to five (5) members if a proposition for the increase is submitted to a vote ofthe qualified electors of the county and a majority of those casting theirballots vote in favor of the increase. Additional offices created under thissubsection in odd-numbered years shall be filled at the general election nextfollowing the election at which the increase was approved. Additional officescreated under this subsection in even-numbered years shall be filled at thegeneral election to be held in two (2) years and not at the current yeargeneral election. At the general election, not more than one (1) commissionershall be elected for a term of two (2) years, and the election ballots shall sostate. Each term shall otherwise be four (4) years.
(c) The proposition to increase the membership of the board ofcounty commissioners shall be at the expense of the county and be submitted tothe electors of the county upon receipt by the county clerk of a petitionrequesting the election signed by at least ten percent (10%) of the qualifiedelectors of the county. To be counted the electors shall be registered voterswhen the completed petition is submitted for verification. The number ofelectors required shall be determined by the number of votes cast at the lastgeneral election. The election shall be at the direction and under thesupervision of the county clerk.
(d) The proposition may be submitted at any general election orat an election date authorized under W.S. 22-21-103. A notice of election shallbe given in at least one (1) newspaper of general circulation published in thecounty wherein the election is to be held and shall specify the object of theelection. The notice shall be published at least once each week for a thirty(30) day period preceding the election. At the election the ballots shallcontain the words "for increasing the membership of the board of countycommissioners from three (3) to five (5) members", and "againstincreasing the membership of the board of county commissioners from three (3)to five (5) members".
(e) If a county votes to increase the membership of its boardof county commissioners under subsection (b) of this section, three (3) membersof the board constitute a quorum and are competent to act.
(f) Any county may decrease the membership of its board ofcounty commissioners from five (5) to three (3) members in the same manner asan increase under subsections (b) and (c) of this section. The vote to decreasemembership shall be in the general election or at an election date authorizedunder W.S. 22-21-103 preceding the election of three (3) commissioners. Noticeof the election shall be given as provided in subsection (d) of this section.
(g) Any county in which the electors vote to increase thenumber of county commissioners from three (3) to five (5) as provided by thissection may be divided into five (5) districts if a proposition for districtingis submitted to a vote of the qualified electorate of the county and a majorityof those casting their ballots vote in favor of the districting. Theproposition for districting shall be submitted to a vote in the manner providedby subsections (c) and (d) of this section. At the election, the ballot shallcontain the words "for dividing the county into five (5) countycommissioner election districts" and "against dividing the countyinto five (5) county commissioner election districts". The proposition toincrease the number of county commissioners and the proposition for districtingmay appear on the ballot at the same general election or at an election dateauthorized under W.S. 22-21-103, however the ballots shall state that theproposition for districting is contingent upon approval of the proposition toincrease the number of commissioners. The petition required by subsection (c)of this section may contain both the proposition to increase the number ofcommissioners and the proposition for districting, or the propositions may becirculated and submitted on separate petitions. If the proposition fordistricting is not approved, the commissioners shall represent the county onat-large basis.
(h) If the proposition for districting is approved, the boardof county commissioners shall devise a districting plan dividing the countyinto five (5) districts as nearly equal in population as practicableconsidering the geographic, economic and social characteristics of the county.The districting plan shall be made before March 1 next following the electionat which the proposition for districting is approved and shall be effective asof March 1 the following year. Any commissioner elected after the effectivedate of the districting plan shall reside in and represent the district fromwhich he is elected by the electors of that district. Commissioners in officeon the effective date of the districting plan shall serve the county at largeuntil the regular expiration of their term. The districting plan shalldesignate which districts shall elect county commissioners in the generalelection next following the effective date of the districting plan. In anycounty in which the voters approved increasing the number of commissioners anddistricting at the same election, the districting plan shall also designatewhich district shall elect a county commissioner at the next general electionfor a term of two (2) years, as provided by subsection (b) of this section.The ballot shall state the term in the designated district to be for two (2)years. Thereafter, all terms shall be four (4) years.
(j) Appeals from the actions of the boards of countycommissioners shall be as provided by law.
18-3-502. Meetings in counties.
Eachboard of county commissioners shall meet at the county seat of their respectivecounties on the first Tuesday in each month or at such other times as may bedesignated by resolution of the board or when it is necessary to meet for thetransaction of urgent county business.
18-3-503. Length of sessions.
Theboard of county commissioners may sit four (4) days or longer at each regularsession and two (2) days at each special session, but shall not receive anycompensation for any length of time over four (4) days at regular sessions, andover two (2) days at special sessions.
18-3-504. Powers and duties generally.
(a) Each board of county commissioners may:
(i) Make such orders concerning the property of the county asthey deem expedient;
(ii) Examine and settle all accounts of receipts and expenses ofthe county and examine, settle and allow all accounts against the county andissue county orders therefor as provided by law;
(iii) Provide for the construction and maintenance of countybuildings and insure them in the name of the county treasurer for the benefitof the county. If there are no county buildings they may provide suitable roomsfor county purposes;
(iv) Apportion and order the levying of taxes as provided bylaw;
(v) Represent the county, care for the county property andmanage the business and concerns of the county in all cases where no provisionis made by law;
(vi) Lay out, alter or discontinue any road running through thecounty and for such purpose acquire the use of lands therein either by gift,prescription, dedication, the exercise of the right of eminent domain, purchaseor lease and perform such other duties respecting roads as required by law;
(vii) Grant licenses for keeping ferries, toll bridges and tollgates as prescribed by law;
(viii) Perform such other duties as prescribed by law;
(ix) By resolution, prohibit or authorize and regulate theoperation of golf carts as defined by W.S. 31-5-102(a)(lxi) on public roads andstreets within unincorporated areas of the county.
(b) Each board of county commissioners may provide snow removalservices on any roads within the county designated as school bus routes by theboard of trustees of any school district in the county.
(c) Each board of county commissioners shall provide for theburial of the human remains of any deceased person not receiving personalopportunities with employment responsibilities (POWER) assistance, supplementalsecurity income or Medicaid under the Wyoming Public Assistance and SocialServices Act at the time of death and without sufficient means in his ownestate or other resources to provide burial or cremation.
18-3-505. Commissioners may authorize acceptance of negotiable paperin payment of fees; negotiable paper defined; no personal liability of countyofficers; date of payment; effect of dishonor; seizure.
(a) Each board of county commissioners may except whereexpressly prohibited by law authorize any county officer, agent or employee toaccept negotiable paper as defined in subsection (c) of this section includingpaper arising from the use of a lender credit card as defined in W.S.40-14-140(a)(ix) in payment of any tax, assessment, license, permit, fee, fineor other money owing to the county or collectible by the county in behalf ofthe state or other unit of government, or in payment of any bail deposit orother trust deposit. Any fees assessed for processing a credit card payment maybe borne by the county or person tendering payment. Any fees assessed forprocessing a credit card payment collected on behalf of the state shall beborne by the county or person tendering payment and not by the state. Withrespect to lender credit card transactions the county is entitled to promptlypresent all negotiable paper to the bank upon which the negotiable paper isdrawn for payment without any right of setoff or defense on the part of theissuer except as follows:
(i) Acceptance by the county of an expired card;
(ii) Acceptance of a card for payment of an amount in excess ofwhat the issuer authorized the county to accept;
(iii) Negotiable paper that is so improperly completed that theissuer cannot identify the card holder.
(b) Any defense, claim or action that an individual usingnegotiable paper or a lender credit card might have against issuers of the cardshall not apply to the county, its officers, agents or employees or relieve theindividual of responsibility for payment.
(c) As used in this section "negotiable paper" meansmoney orders, checks and drafts, including, without limitation, sales draftsand checks and drafts signed by a holder of a lender credit card issued by abank maintaining a revolving loan account as defined in W.S. 40-14-308, forlender credit card holders.
(d) Any county officer, agent or employee who acceptsnegotiable paper pursuant to and in conformity with authorization from theboard of county commissioners is not personally liable if the paper isdishonored. Any losses arising from dishonored paper shall be allocated to therespective funds for which the negotiable paper was accepted. In the event o