State Government Finding Aids

Board of Architects Finding Aids

Board of Architects Administrative History

The Wyoming State Board of Architects was created in 1951. The purpose of the Board was to provide for the licensing of practicing architects in the state. The act stated that the Board would be composed of three architects, gubernatorial appointees, who exhibited “integrity and ability,” were residents of Wyoming, and had practiced architecture in the state continuously for at least three years. The Board was given the authority to “administer oaths of office, take affidavits, summon witnesses, and take testimony,” as well as to “adopt rules and regulations as are proper and necessary for the performance of its duties.”

The creating law also authorized the Board to refuse to grant a license, or to revoke a license, if it discovered that “fraud or deception” was evident in the application for licensure or in the examination process. The applicant, or licensee in question was given the right to a hearing before the Board, with representation by legal counsel, if desired. All licensing decisions of the Board were subject to review by the district court in the county where the applicant, or licensee, resided. The law required recertification of architects every two years, and gave the Board discretionary authority to allow architects licensed in other states, under laws similar to Wyoming law, to practice in Wyoming without examination.

The 1951 law was substantially revised in 1971. There were two significant changes. One was that the Board was required to hold an initial hearing on any “granting, denial, renewal, revocation, suspension or withdrawal of a license before taking action on the license in a regular meeting.” The applicant, or licensee, had to be notified of the hearing, and retained the right of judicial review. The second change authorized the Board of Architects to adopt the guidelines and examinations of the National Council of Architectural Registration Boards in the licensing of Wyoming architects. Under the 1990 state government reorganization plan, the Board was placed under the Department of Commerce. However, it continued to function independently in supervising the licensure of architects in Wyoming. In 1991 the Board’s title was expanded to include landscape architects and membership was increased to five. In addition to three practicing architects, the Board would include a practicing landscape architect and a member of the public. The Board of Architects and Landscape Architects, along with many other licensing Boards, was placed under the Department of Administration and Information in 1999.

Start Date: 1951
Name Changes: Board of Architects and Landscape Architects, 1991.

Department of Agriculture Finding Aids

Department of Agriculture Administrative History

The Seventeenth State Legislature created the Department of Agriculture in 1923. As established by law, the department acted as both an information gathering and disseminating agency, and a regulatory and enforcement agency. This department took over the responsibilities of the State Board of Horticulture, the State Board of Immigration, and the State Dairy, Food and Oil Commissioner. The legislature created the position of Commissioner of Agriculture, who would have a number of deputies to assist him in his duties, and the State Board of Agriculture, a five member group appointed from set districts. In 1925, the Eighteenth State Legislature enacted three laws which assigned new functions to the department: collection and dissemination of agriculture statistics; oversight of a potato program for carload lots; and control over the Office of State Entomologist. The department underwent internal organizational changes in the late 1920s, and the legislature created the State Real Estate Board and a commissioner of same.

During the 1930s, the department and commissioner continued to gain duties. The 1931 legislature created the Office of Grain and Seed Storage Commissioner. In the 1930s, the Diary, Food and Oil division undertook the greatest number of new responsibilities, including the regulation of oleomargarine. Over the decade, many new laws arose that affected the Weed and Pest Program.

The organization of the department remained constant during the 1940s, but enactments of the legislatures continued to add new functions for the commissioner and department. This decade saw the creation of the State Soil Conservation Committee, the process for regulating and selling vegetable seed, and the regulation of tractor fuel sales. Thirteen laws over the ten year period concerned the department, affecting the state fair, the weed and pest program, the bean storage regulatory program, the management of commercial feed stuffs, the apiary inspection program, and the sale of nursery stocks.

From 1950 to 1980 this pattern continued- the legislature enacting many laws to amend existing laws so as to change agricultural programs administered by the department and how the department should administer them. During these three decades, the legislature also enacted laws which placed new responsibilities on the department, such as the 1961 Wyoming Agricultural Marketing Act that established a control committee to provide cooperation between state and federal agencies to enforce marketing laws and regulations. Despite its modest beginnings in 1923, with fewer than ten full-time employees, today the Department of Agriculture is a major Wyoming state government administrative unit. For further information, consult the department’s website: http://wyagric.state.wy.us.START DATE: March 31, 1923

Name Changes: Agriculture, Wyoming Department of – 1923-present

Department of Education Finding Aids

Department of Education Administrative History

As one of the oldest departments in state government, the Department of Education began in 1869 with the enactment of Chapters 4 and 7 of the Session Laws of the Territory of Wyoming. These laws allowed for a public school system, and called for the territorial auditor to act as exofficio Superintendent of Public Instruction. The laws laid the groundwork for a system of public education based at the county level and led by the county superintendents of schools. The laws involving education changed little during the territorial years, with the exception of the territorial librarian becoming ex-officio Superintendent of Public Instruction in 1873.

The Wyoming State Constitution (1890) made the Superintendent of Public Instruction an elected official, and it remains that way today. Article 7 of the Constitution directed the state legislature to provide for a uniform education system, including free elementary schools and a university with technical and professional departments. The article also provided for public school revenues and restrictions on their use, permanent educational fund, and prohibition of discrimination among pupils, sectarian instruction, and legislative control over textbook selection.

Since statehood, the legislature enacted many significant laws affecting public education in the state and the Superintendent of Public Instruction. In 1895, the legislature authorized school districts to establish public kindergartens, and manual and industrial training programs in high schools. The 1905 laws ensured free high schools and the organization of high school districts. In 1907, student attendance became compulsory for children ages seven to fourteen. That same year, the legislature created the State Board of Examiners to certify teachers. Ten years later, the state legislature created the Wyoming State Department of Education, administered by the State Board of Education. Also in 1917, Chapter 99 facilitated state receipt of federal funding under the Smith-Hughes Act, passed by the U.S. Congress to foster vocational education in the states. In 1919, the legislature assigned general supervision of the public school system to the Superintendent of Public Instruction, and addressed the special education needs of physically and mentally disabled children.

The next major legislation occurred in 1935, when lawmakers addressed the issue of equalizing funding among public schools. The act established a School Equalization Fund and charged the Superintendent of Public Instruction to develop a formula to ensure fair and equitable distribution of equalization funds. In 1955, the legislature again addressed equitable school finance. The act, Foundation Program for the Public Schools, consolidated state financing of the public schools into one program, and established eligibility standards for sharing in the funds by basing funding on classroom units.

The passage of the National Defense Education Act in 1958 by Congress, as a response to the Soviet Union’s entry into space, ushered in new responsibilities for the department. The national law brought a large infusion of federal funds and increased responsibility for the department. Congressional enactment of the Elementary-Secondary Education act of 1965 further increased the department’s work in distributing federal monies.

With the adoption of Chapter 111, the Wyoming Education Code of 1969, lawmakers significantly changed public education in Wyoming and placed additional responsibilities on the superintendent and the department. The act provided for comprehensive codification and revision of school laws concerning the operation and financing of the public school system, and it brought about massive reorganization of the state’s school districts.

Issues over school finances and fund distribution continued to plague the department. From 1971 to 1995, the courts dealt with numerous lawsuits involving school funding. The Wyoming State Supreme Court’s decision in the 1995 case, Campbell County School District v. State, which declared the school finance system unconstitutional, greatly impacted the Department of Education. The 1995 decision required the legislature to create new laws to address funding and accountability measures in public schools. This matter remains a concern for the legislature and the department.

At nearly every legislative session since 1890, lawmakers passed acts that affected the public schools, the Department of Education, and the Superintendent of Public Instruction. You can learn more about the Department of Education by visiting the official website:http://www.k12.wy.us.

START DATE: December 11, 1869 – Office of the Superintendent of Public Instruction
Name Changes: 1869 – Office of the Superintendent of Public Instruction, 1917 – Wyoming State Department of Education

Game and Fish Finding Aids

Game and Fish Administrative History

Efforts to administer and control the hunting of game in Wyoming began with the territorial legislature in 1869. The “Act for the Protection of Game and Fish in the Territory of Wyoming” prohibited the killing of elk, deer, antelope, buffalo, and mountain sheep between March 1 and August 15. However, the act did allow people to kill these animals “to supply their own immediate wants.” Certain game birds were also protected for the same time period. The act further prohibited the ensnaring or trapping of trout. They could only be caught singly. The fine for violating any provisions of the law was $50.

Declining game populations led the 1875 legislature to strengthen the law. The protected season for elk, deer, antelope, and mountain sheep was extended, covering the period from January 15 to August 15. Animals could only be taken for food. Fines up to $500 could be assessed. Violators could also serve up to six months in jail. The law allowed informers to collect half the fine.

Territorial leaders also had concerns about diminishing fish populations. To address the issue the 1879 legislature provided for a fish commissioner, who would be responsible for stocking fish in Wyoming waters, particularly “the Laramie, North Platte, Green and Bear rivers, and their tributaries.” Further, the commissioner was required to publish notice of the streams and lakes that were stocked. Fishing in these waters was not allowed for three years after the publication of the notice. Henry B. Rumsey was appointed by Governor John W. Hoyt as the territory’s first fish commissioner.

The Third State Legislature, in 1895, broadened the responsibilities of the fish commissioner, who would serve as a game and fish warden, empowered to “enforce all laws relating to game and fish” and arrest violators. Furthermore, counties were authorized to appoint, at the county’s expense, game and fish wardens for the counties. The local wardens also had authority to arrest violators. Wardens were given the authority to seize illegally taken game and fish.

Significant new laws were passed in 1899 as the state legislature continued to increase efforts to manage game and fish. The position of State Game Warden was created, a four-year appointment. Assistant wardens could be appointed as necessary. Justices of the peace were charged to jail anyone convicted under the act, until the fine was paid. For the first time, a license to hunt big game was required for both residents and nonresidents. The license fee for residents was one dollar, but was not required for hunting in the county of residence. The fee for non-residents was set at $40, which was promptly called excessive by non-resident sporting groups.

Amendments to the game and fish laws were enacted between 1903 and 1921. The emphasis was increased enforcement of regulations and protection of the state’s wildlife. A 1903 law limited fishing to the months June through September, except for the North Platte and Big Horn drainages, where fishing was also legal in May. Hunting seasons for game and game birds were also reduced that year. Hunting guides were also addressed in 1903. They were required to obtain certificates from a justice of the peace. All non-resident hunters were required to be accompanied by a qualified guide. One of the most significant provisions of 1903 legislation was that all money collected for licenses and guide certificates was to be deposited in a state game fund, from which assistant game wardens and attorneys were to be paid. This was the first step in making game and fish management financially independent.

1905 legislation established the Teton Game Preserve and prohibited all hunting in the designated area. Also in 1905, capturing and selling game animals was made unlawful, as was the purchase of hides or horns. However, a limited permit could be obtained for capturing and domesticating certain game animals. Several other game preserves were established in 1913 and 1915.

The State Game Commission was created by the 1911 legislature. The Commission consisted of the governor, secretary of state, and the state auditor. It had “general supervision of the game animals and birds of the State of Wyoming.” The Commission was also authorized to provide for the feeding of game and the distribution of surplus game from one region of the state to another.

The Wyoming Game and Fish Commission was created by the 16th State Legislature in 1921. Its members included the same elected officials previously assigned to the State Game Commission. The Commission was given supervisory authority over all game animals, birds, and fish, and was charged with their protection, propagation, distribution, and disposition.

Although several acts amending and re-enacting existing game and fish laws were passed by the legislature in the 1920s, two acts passed in 1927 and 1929 were significant. 1927 legislation created the Game and Fish Fund, with an appropriation of $100,000. The funds were to be used by the Commission, and all money received by the Commission was to be deposited in the Fund. When the Fund reached $200,000, half that was to be returned to the state’s general fund. A 1929 amendment to the law stated the $100,000 was to be repaid, and that the Game and Fish Fund, receiving all game and fish income, was to be “set apart and made available for the exclusive use of the Game and Fish Commission for the payment of all salaries, per diem, fees, expenses and expenditures….” This act was the beginning of the agency’s financial independence.

The 1930s brought drought and depression to Wyoming, and indebtedness to the Game and Fish Commission. The legislature made a second loan, in the amount of $60,000, to the Commission in 1932. By 1936, after receiving approval from the legislature to make repayment by installment, the Commission was out of debt. The passage of two congressional acts during the 1930s was of great importance to the future management of Wyoming’s wildlife. The Taylor Grazing Act of 1934 resulted in the withdrawal of 165,695,000 acres of public lands from possible settlement, the removal of fences from public lands, the organization of grazing districts, the development of water resources, and soil erosion controls. The Pittman-Robertson Act of 1937 placed an 11% tax on sporting arms and ammunition, with the proceeds from the tax to be distributed to the states on a matching fund basis for wildlife restoration.

Also significant to wildlife management in the state was the enactment of the State Game and Fish Act of 1937. The Act provided for a State Game and Fish Commission composed of six members representing geographical sections of the state. Commission members would have general knowledge of propagation, management, and control of animals, birds, and fish. The commissioners were to be appointed by the governor, confirmed by the senate for six-year terms, and could be removed by the governor for cause. Not more than three of the commissioners could be from the same political party.

The Act set forth eleven powers and duties of the Commission: (1) to fix seasons and bag limits for game animals, protected animals, fur bearing animals, game birds, and fish; (2) to acquire lands and waters for fish hatcheries, nursery ponds, game farms, bird farms, management of game and protected animals and birds, and public hunting, trapping, and fishing; (3) to capture, propagate, transport, buy, sell, or exchange for propagation or stocking purposes; (4) to direct the capture of any wildlife, where species are abundant, for transport and distribution; (5) to authorize the game warden to kill any wildlife, when necessary, or when animals or birds are doing substantial damage to property; (6) to make suitable provisions for feeding game animals, fish, and birds as deemed necessary; (7) to maintain a scientific research department, and enter into cooperative agreements with educational institutions to foster wildlife research; (8) to enter into cooperative agreements for the development and control of wildlife management and demonstration projects; (9) to supervise the waters of the state for the protection, management, and propagation of fish, and fish culture; (10) to grant permits to scientific institutions to capture wildlife for any scientific or educational purpose; and (11) to establish zones and areas where bear shall be classified as either a game or predatory animal, with proper regard given to the livestock industry and the wildlife in the zone, or area. Enforcement powers were also strengthened.

In 1943, new legislation directed the Commission to appoint a qualified person as Game and Fish Commissioner to act as executive director for the Commission. Also during the 1940s, winter range for wildlife was purchased, a laboratory to research diseases of wildlife was established at the University of Wyoming, and new fish hatcheries were built. By 1949, seven hatcheries were in operation. Game and fish revenues exceeded $1 million for the first time in fiscal year 1949-1950.

Game and Fish Commission membership was increased to seven in 1953, with the governor remaining as an ex-officio eighth member. Two years later the legislature appointed a game and fish legislative interim committee to study game and fish resources in the state, the commission, and the department. The committee’s report, made to the 1957 legislature, resulted in the enactment of nine laws, most of which were not substantive. A notable concern expressed in the report was that the Commission owned real property valued at more than $2.5 million, and, because of its tax exempt status, was depriving local governments and school districts of needed tax revenue. The issue was addressed by legislation declaring all real property owned by the Commission was taxable at the legal tax rates, and authorizing the Commission to pay taxes assessed. Also in 1957 the Commission was authorized to establish rules and regulations for archery hunting.

Eleven fish hatcheries were operating in Wyoming as the 1960s began. The first attempt to plant fish in a lake from an airplane was made in 1960. Five years later, the department was using a helicopter to plant fish. In 1961 the regulation of boats was transferred from the State Parks Commission to the Game and Fish Commission. Land in Cheyenne was purchased in 1964 for the construction of a new headquarters building, which was occupied in November 1965. In 1966 the Commission reported it owned 56,000 acres. Game and fish annual income exceeded $5 million in 1968.

Probably the most significant enactment by the legislature in the 1970s concerning game and fish occurred in 1979, requiring all persons born on or after January 1, 1966 to take a certified hunter safety class, and be certified before being issued a hunting license. In 1983, the use of conservation stamps was authorized to provide a revenue source dedicated to the conservation of wildlife in the state. The new law required any person purchasing a game or fish license to buy one $5.00 stamp. The law also provided for the purchase of Habitat Cards for individuals who wished to contribute to wildlife conservation, but who did not buy game and fish licenses.

Throughout the first half of the 1980s, “instream flow” and its relation to fish habitat was a volatile statewide issue. Some of the state’s streams were virtually drying out at times because of irrigation diversions. After attempts by the public to initiate instream flow legislation by petition, the legislature responded in 1986. Legislation was passed that declared instream flow a beneficial use of the state’s water, provided that the storage of water for instream flow to establish or maintain new or existing fisheries was a beneficial use. The law permitted any unappropriated stream water to be appropriated to benefit fisheries. Only the state could be granted a permit to appropriate water for instream flow, and the state could acquire existing water rights for transfer to instream flow. The control of instream flow water was left with the State Engineer. The role of the Game and Fish Commission was one of studying the need for instream flow and making recommendations.

The State Board of Outfitters and Guides was created in 1989, relieving the Game and Fish Commission of the responsibility for regulating and licensing outfitters and professional guides. The seven member Board included a representative from the Commission.

The Game and Fish Department maintained its independence, including funding, through the 1990 reorganization of state government.

In 1999, a new account within the Game and Fish Fund was created to enable the purchase of access easements for public and private lands. The Game and Fish Commission was required to notify the appropriate board of county commissioners before making such purchases. A year later a new permanent trust account was established to generate income for the Game and Fish Fund. Deposits to the account are to be invested by the state treasurer to earn the highest possible return, while preserving the account corpus. Interest earned is credited to the Game and Fish Fund. 2003 legislation established procedures for removing gray wolves from the list of experimental nonessential population, endangered species or threatened species, and for reclassifying them. Procedures for closely monitoring gray wolf packs and assessing the need for changes in classification were included in the law. Separate 2003 legislation authorized the Commission to demand reimbursement from the federal government for damages to Wyoming wildlife and habitat caused by any species, including endangered species, placed in the state under federal mandates or programs.

Revenue and Taxation Finding Aids

Revenue and Taxation State Board of Equalization Administrative History

The First Wyoming Territory Legislative Assembly established some of the functions performed by the Department of Revenue and Taxation in 1869. The legislature created “a board of equalization of taxes for the territory,” composed of the governor, treasurer and auditor. The Board was charged to examine assessments, in regard to the territorial tax, and to equalize the valuation of real property among the territory’s counties and towns.

Article 15 of the Wyoming State Constitution established a State Board of Equalization composed of the secretary of state, the state treasurer, and state auditor; and added duties including the annual setting of the valuation for the assessment of livestock and for railroad properties. A constitutional amendment in 1910 removed the three state officers from the Board and gave the state legislature the responsibility for providing for a board of equalization. Another amendment in 1986 deleted the reference to the valuation of livestock and railroad property, making the duties of the Board the valuation of all property in the counties, and other duties prescribed by law.

During the 1890s, new taxes added to the duties of the Board. These included an assessment on all property in the state for construction of institutional buildings and the support of institutions, and a tax to be levied by the counties to pay the interest on all state bonds.

The office of the Commissioner of Taxation was created in 1909 and given broad powers to administer all assessment and tax laws. However, the law that created the position stated that its provisions should not be construed to abridge the powers granted the Wyoming Board of Equalization by the state constitution. Then, in a slightly odd turn of events, the 1911 legislature determined that the composition of the Board would continue to be the secretary of state, the treasurer, and the auditor, after the 1910 ratification of the constitution had removed those officers from the Board. The legislature reconsidered this action in 1919, determining the Board should be composed of three full-time members appointed by the governor and approved by the state senate. Duties of the Board were increased at the same time, including establishing rules and regulations, conducting hearings and other proceedings, examining alleged fraudulent assessments, prosecuting and enforcing the tax laws, and assessing public utilities.

The Board’s responsibilities continued to grow during the 1920s and 1930s. These included assessing interstate carriers for the use of state highways, and administering the provisions of the Selective Sales Tax Act of 1937, including the collection of sales tax revenue. The legislature continued to adjust the functions and duties of the Board for the next twenty years. In 1957 legislators determined that a Department of Revenue was needed to “consolidate the various functions and duties relating to revenue and taxation in the State of Wyoming in a single division…” They provided for a state director of revenue, to be appointed by the Board of Equalization, who would serve as the head of the department. Other significant changes in 1957 included the establishment of an insurance department and insurance commissioner under the Board of Equalization, and the transfer of the division of motor vehicles from the Wyoming Highway Department to the Board of Equalization.

Ten years later the Department of Revenue and the Board of Equalization were again reorganized. Since 1935 the Board had served as the ex-officio Public Service Commission. In 1967 this Commission was separated from the Board and made an independent commission. Additionally, the State Tax Commission was created to serve as Wyoming’s tax collection agency. Board members were designated to serve as exofficio members of the Commission, which also absorbed the Department of Revenue.

The Wyoming legislature determined more reorganization of the state’s revenue and taxation functions was needed in 1973. The Wyoming Department of Revenue and Taxation was created with the intent “to consolidate the various functions and duties relating to revenue and taxation into a single department…” Although the legislation abolished the Tax Commission, it allowed for the appointment of a tax commissioner who would administer the new department. The legislation also made the Board of Equalization, “an independent and regulatory hearing board.” Only two years later the state legislature reversed part of its 1973 decision. The Tax Commission was recreated and the office of the State Tax Commissioner was abolished. The three-member Commission would also serve as the state’s Board of Equalization, the “executive and administrative heads” of the Department of Revenue and Taxation, and would appoint, with gubernatorial approval, administrators for the divisions of the department.

In 1984 the Board of Equalization was given a massive task: the reappraisal of selected taxable property in the state. The Board worked with county assessors and boards of equalization to develop a plan for the project.

The general reorganization of state government in 1990 included the state’s revenue and taxation functions. The Wyoming Department of Revenue was created. All motor vehicle responsibilities that had been held by the Department of Revenue and Taxation were transferred to the new Wyoming Department of Transportation. Mineral audit functions were transferred to the Department of Audit. The Wyoming Liquor Commission was assigned to the Department of Revenue. Also, the Board of Equalization and State Tax Commission were separated from the Department of Revenue, with all of the Board’s administrative functions assigned to the new department. In March 1991 the Tax Commission decided that its duties should be transferred to the Director of the Department of Revenue.

Start Date: April 1, 1973
Name Changes and Related Agencies:
Board of Equalization: 1869-present
Tax Commission: 1967-1973, 1975-1991
Revenue and Taxation: 1973-1990
Revenue, Wyoming Department of: 1957-1967, 1990–present

Secretary of State Finding Aids

Secretary of State Administrative History

Section 3 of the Organic Act, the document responsible for initial organization of the Wyoming Territory, provided for a Secretary of Wyoming Territory appointed by the President of the United States for a four-year term. The act required the Secretary to perform certain prescribed duties: record and preserve all laws and proceedings of the territorial legislative assembly, and all executive acts and proceedings of the Governor of the territory; serve as Acting Governor in case of vacancy or absence of the Governor; and on or before December 1 of each year transmit copies of the laws and the executive proceedings to certain officials of the federal government.

The Territorial Assembly assigned the Secretary additional responsibilities. The “Session Laws of Wyoming Territory, 1869” called for the Secretary to certify, file and preserve certificates of incorporation, and to attest to and preserve commissions of notaries public. Prior to 1890, the Assembly required the Secretary to supervise elections, act as a member of the territorial canvassing board, publish and distribute territorial laws, endorse and file officials’ bonds, account for and settle accounts when the auditor and treasurer left office, certify records copies, and charge fees as assigned by the law.

In 1890, upon acceptance of the Wyoming State Constitution, the office changed to the Secretary of State. The law required the Secretary of State to be a citizen of at least twenty-five years of age and a qualified elector. The secretary served a four year term. The first major change for the Secretary was his responsibility for the Great Seal of the State of Wyoming. Over the last century, the office gained additional responsibilities. The legislature only revoked or reassigned a few of the secretary’s assigned duties, most notably lessening the number of boards and commissions on which the Secretary must serve.

The Secretary of State, one of the five state elected officials in Wyoming, administers an office with many duties. Currently, the office oversees elections, lobbyist registrations and filings, ethics filings, securities, notaries public, business entities, trade names, trademarks, agricultural liens, use of the great seal of Wyoming, and state rules and regulations. Six divisions handle the responsibilities of the office today: Corporations, Elections, Notaries, Securities, Technology, and Uniform Commercial Code.

You can learn more about the office of the Secretary of State by visiting the official website (http://soswy.state.wy.us) or viewing the state statutes, namely Title 9, Chapter 1, Article 3, that govern the activities of the office (http://legisweb.state.wy.us/titles/statutes.htm).

START DATE:
July 25, 1868 – office approved (Organic Act)
April 7, 1869 – first secretary appointed

NAME CHANGES:
Secretary of the Territory of Wyoming – 1869-1890
Secretary of State of Wyoming – 1890 to present