34-24-118, as to any property for which it has obtained the

34-24-118, as to any property for which it has obtained the last known address of the owner, shall maintain a record of the name and last known address of the owner for five (5) years after the property becomes reportable, except to the extent that a shorter time is provided in subsection (b) of this section or by rule of the administrator.

(b) Any business association that sells in this state its traveler's checks, money orders or other similar written instruments, other than third-party bank checks on which the business association is directly liable, or that provides such instruments to others for sale in this state, shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue for three (3) years after the date the property is reportable.

34-24-133. Enforcement.

(a) The administrator, for and on behalf of this state, may commence an action, summary or otherwise, in the district court of the county where the defendant resides or in the district court of Laramie county:

(i) For an adjudication that certain property is unclaimed and payable or distributable to the administrator;

(ii) To compel presentation of a report or payment or distribution of property to the administrator;

(iii) To enforce the duty of a person to permit the examination or audit of the records of that person;

(iv) To enjoin any act that violates the public policy or provisions of this act; or

(v) To enforce any aspect of this act in any manner.

(b) The administrator may commence an action under subsection (a) of this section in the following situations:  (i) The holder is a person domiciled in this state or is a governmental entity of this state;

(ii) The holder is a person engaged in or transacting any business in this state, although not domiciled in this state; or

(iii) The subject matter is tangible personal property held in this state.

(c) In a situation where no state court in this state can obtain jurisdiction over the person involved, the administrator may commence an action authorized by this section in a federal court or state court of another state having jurisdiction over that person.

(d) The administrator shall be an indispensable party to any judicial or administrative proceedings concerning the disposition and handling of unclaimed property that is or may be payable or distributable into the protective custody of the administrator.

(e) The administrator shall have a right to intervene and participate in any judicial or administrative proceeding when to do so will be in the best interest of this state, the apparent owner or the unclaimed property or to conserve and safeguard the unclaimed property against dissipation, undue diminishment or adverse discriminatory treatment.

34-24-134. Interstate agreements and cooperation; joint and reciprocal actions with other states.

(a) The administrator may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that it or another state may be entitled to subject to a claim of custody. The administrator by rule may require the reporting of information needed to enable compliance with agreements made pursuant to this section and prescribe the form.

(b) To avoid conflicts between the administrator's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the administrator, so far as is consistent with the purposes, policies and provisions of this act, before adopting, amending or repealing rules, shall advise and consult with administrators in other jurisdictions that enact substantially the Uniform Unclaimed Property Act and take into consideration the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act.

(c) The administrator may join with other states to seek enforcement of this act against any person who is or may be holding property reportable under this act.

(d) At the request of another state, the attorney general of this state may bring an action in the name of the administrator of the other state in any court of competent jurisdiction to enforce the unclaimed property laws of the other state against a holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the attorney general in bringing the action.

(e) The administrator may request that the attorney general of another state or any other person bring an action in the name of the administrator in the other state. This state shall pay all expenses including attorney's fees in any action under this subsection. The administrator may agree to pay the person bringing the action attorney's fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses paid pursuant to this subsection may not be deducted from the amount that is subject to the claim by the owner under this act.

34-24-135. Interest and penalties.

(a) Unless specifically exempted by federal law:

(i) A person who willfully fails to present a report to the administrator when due or to perform any other duty required under this act, other than payment or delivery of unclaimed property as required by this act, shall pay a civil penalty of not more than one hundred dollars ($100.00) for each day the report is not presented or the duty is not performed;

(ii) A person who willfully fails to pay or deliver to the administrator any unclaimed property as required under this act shall pay a civil penalty equal to twenty-five percent (25%) of the value of the property that should have been paid or delivered;

(iii) Any person who fails to pay or deliver unclaimed property to the administrator within the time period required by this act shall pay to the administrator interest at the annual rate of ten percent (10%) above the annual rate of discount, in effect on the date the property should have been paid or delivered, for the most recent issue of 52-week U.S. treasury bills, calculated upon the value of the unclaimed property from the date that property should have been paid or delivered. If the property remains unpaid or undelivered for more than one (1) year after becoming payable or deliverable, the interest rate for each succeeding year shall be calculated at an annual rate of ten percent (10%) above the discount rate on each succeeding anniversary of the date that the unclaimed property was payable or distributable.

(b) For the purposes of assessing and calculating the penalties and interest on unclaimed property which was discovered during an examination or audit and which was not paid or distributed, as required, the date upon which the unclaimed property was originally payable or distributable shall be used as the date upon or from which penalties and interest are assessed and calculated.

(c) The administrator shall have discretion to waive the payment of penalties and interest or to reduce the amount of the interest in an appropriate circumstance.

34-24-136. Agreements to locate property.

(a) All agreements from claimants to pay compensation to a third-party researcher to recover or assist in the recovery of property reported under W.S. 34-24-118, made within twenty-four (24) months after the date payment or delivery is made from the holder to the state of Wyoming under W.S. 34-24-120, are unenforceable.

(b) An agreement entered into after the twenty-four (24) month period provided by subsection (a) of this section is enforceable only if the agreement is in writing.

(c) An agreement by a claimant to pay compensation to a third-party researcher to recover or assist in the recovery of property in the possession of a holder is unenforceable if made within twelve (12) months prior to the scheduled date for the holder to report the property under W.S. 34-24-118, whether or not the property remains in the holder's possession until that reporting date.

34-24-137. Foreign transactions. This act does not apply to any property held, due and owing in a foreign country and arising out of a foreign transaction.

34-24-138. Effect of new provisions; clarification of application.

(a) This act does not relieve a holder of a duty that arose before the effective date of this act to report, pay or deliver property. A holder who did not comply with the law in effect before the effective date of this act is subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this subsection, subject to W.S. 34-24-130(b).

(b) The initial report filed under this act for property that was not required to be reported before the effective date of this act but which is subject to this act shall include all items of property that are deemed abandoned as of the effective date of this act.

34-24-139. Rules.

The administrator may adopt necessary rules to carry out the provisions of this act.

34-24-140. Property originated or issued by this state, any political subdivision hereof or any entity incorporated, organized, created or otherwise located herein.

(a) All intangible property, including but not limited to securities, principal, interest, dividends, or other earnings thereon, less any lawful charges, held by a business association, federal, state or local government or governmental subdivision, agency or entity, or any other person or entity, regardless of where the holder may be found, if the owner has not claimed the property or corresponded in writing with the holder concerning the property within three (3) years after the date prescribed for payment or delivery by the issuer (unless the holder is a state that has taken custody pursuant to its own unclaimed property laws, in which case no additional period of holding beyond that of such state is necessary hereunder), is presumed abandoned and subject to the custody of this state as unclaimed property if:

(i) The last known address of the owner is unknown; and  (ii) The person or entity originating or issuing the intangible property is this state or any political subdivision of this state, or is incorporated, organized, created or otherwise located in this state.

(b) The provisions of subsection (a) of this section shall not apply to property which is or may be presumed abandoned and subject to the custody of this state pursuant to any other provision of law.

(c) The provisions of subsection (a) of this section shall apply to all property held at the time of enactment of this section, or at any time thereafter, regardless of when the property became or becomes presumptively abandoned.

CHAPTER 25 - PLANE COORDINATES SYSTEM

34-25-101. System of plane coordinates adopted.

(a) The most recent version of the state plane coordinate system for the state of Wyoming that has been established by NGS, based on the NSRS for defining and stating the positions or locations of points on the surface of the earth within the state of Wyoming shall be known as the "Wyoming Plane Coordinate System." The Wyoming Plane Coordinate System shall be named, and in any land description in which it is used it shall be designated, the "Wyoming Plane Coordinate System" and the zone used shall be specified.

(b) Repealed by Laws 2024, ch. 3, § 3.

34-25-102. Designation of coordinates.

The plane coordinates of a point on the earth's surface, to be used in expressing the position or location of such point in the appropriate zone of this system, shall consist of two (2) distances, expressed in feet and decimals of a foot, or meters and decimals of a meter. One (1) of these distances, to be known as the "east x-coordinate" shall give the distance east of the Y axis; the other, to be known as the "north y-coordinate" shall give the distance north of the X axis. The Y axis of any zone shall be parallel with the central meridian of that zone. The X axis of any zone shall be at right angles to the central meridian of that zone. One (1) foot shall equal three thousand forty-eight ten-thousandths (0.3048) of one (1) meter and shall be used as the standard unit of measurement for the Wyoming Plane Coordinate System. The official geodetic datums to which geodetic coordinates are referenced within the state of Wyoming including latitude, longitude, ellipsoid height, orthometric height or dynamic height shall be defined by the NSRS. Height is the coordinate value of the vertical elements of the NSRS expressed in feet and identified as ellipsoid height or orthometric height.

34-25-103. Land extending into other zones.

When any tract of land to be defined by a single description extends from one (1) zone into other zones, the positions of all the points on its boundaries shall be referred to as only one (1) of the zones, the zone which is used shall be specifically named in the description and the metadata of the observations shall be included in the description.

34-25-104. Repealed by Laws 2024, ch. 3, § 3.

34-25-105. Recording coordinates.

Coordinates based on the Wyoming Plane Coordinate System, purporting to define the position of a point on a land boundary, may be presented to be recorded in any public land records or deed records in the office of a county clerk. The method and source for establishing coordinates shall be described in the land or deed record. In all instances where reference has been made to coordinates in land surveys or deeds, the combined factors shall be stated for the survey lines used in computing ground distances and areas and the metadata of observations shall be included in the record.

34-25-106. Reference to system on maps.

The use of the term "Wyoming Plane Coordinate System" on any map, report of survey or other document, shall be limited to plane coordinates based on the Wyoming Plane Coordinate System as defined in this chapter.

34-25-107. Description in other surveys; conflicts.

Wherever coordinates based on the Wyoming Plane Coordinate System are used to describe any tract of land which in the same document is also described by reference to any subdivision, line or corner of the United States public land surveys, the description by plane coordinates shall be construed as supplemental to the basic description of the subdivision, line or corner contained in the official plats and field notes filed of record, and in the event of any conflict, the description by reference to the subdivision, line or corner of the United States public land surveys shall prevail over the description by plane coordinates. Every recorded map, survey or conveyance, or other instrument affecting title to real property which delineates, describes or refers to such property or any part thereof by reference to coordinates based upon the Wyoming Plane Coordinate System shall also describe the property by reference and tie to a controlling corner monument of the United States public land surveys, if applicable.

34-25-108. Application.

(a) Nothing contained in this chapter shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Wyoming Plane Coordinate System.

(b) The provisions of this chapter shall not be construed to:

(i) Prohibit the appropriate use of other datums, other geodetic reference networks or systems or other plane coordinate systems;

(ii) Require the revision of any survey, deed, record or other document prepared or recorded before July 1, 2024 that uses the Wyoming Coordinate System NAD 1983 or any other coordinate system previously authorized under this chapter.

34-25-109. Definitions.

(a) As used in this chapter:

(i) "Metadata" means data that describes other data including utilized geodetic reference system data, applicable epoch, statement or relative accuracy data and date of observation data;

(ii) "NGS" means the national ocean service's national geodetic survey of the national oceanic and atmospheric administration, United States department of commerce or its successor;

(iii) "NSRS" means the national spatial reference system or its successor;  (iv) "Wyoming Plane Coordinate System" means the system of plane coordinates under this chapter that is identical to the state plane coordinate system as defined for the state of Wyoming by NGS.

CHAPTER 26 - NOTARIAL ACTS

ARTICLE 1 - WYOMING UNIFORM NOTARIAL ACT

34-26-101. Repealed by Laws 2021, ch. 27, § 3.

34-26-102. Repealed by Laws 2021, ch. 27, § 3.

34-26-103. Repealed by Laws 2021, ch. 27, § 3.

34-26-104. Repealed by Laws 2021, ch. 27, § 3.

34-26-105. Repealed by Laws 2021, ch. 27, § 3.

34-26-106. Repealed by Laws 2021, ch. 27, § 3.

34-26-107. Repealed by Laws 2021, ch. 27, § 3.

34-26-108. Repealed by Laws 2021, ch. 27, § 3.

34-26-109. Repealed by Laws 2021, ch. 27, § 3.

ARTICLE 2 - POWERS OF NOTARIAL OFFICERS

34-26-201. Repealed by Laws 2021, ch. 27, § 3.

34-26-202. Repealed by Laws 2021, ch. 27, § 3.

34-26-203. Repealed by Laws 2021, ch. 27, § 3.

34-26-204. Repealed by Laws 2021, ch. 27, § 3.

34-26-205. Repealed by Laws 2021, ch. 27, § 3.

34-26-206. Repealed by Laws 2021, ch. 27, § 3.

ARTICLE 3 - NOTARIAL OFFICER FEES

34-26-301. Repealed by Laws 2021, ch. 27, § 3.

34-26-302. Repealed by Laws 2021, ch. 27, § 3.  34-26-303. Repealed by Laws 2021, ch. 27, § 3.

34-26-304. Repealed by Laws 2021, ch. 27, § 3.

CHAPTER 27 - WIND ENERGY RIGHTS

34-27-101. Short title.

This act may be cited as the "Wind Energy Rights Act."

34-27-102. Definitions.

(a) As used in this act:

(i) "Wind energy agreement" means a lease, license, easement or other agreement, whether by grant or reservation, to develop or participate in the income from or the development of wind powered energy generation;

(ii) "Wind energy developer" means the owner of the surface estate or the lessee, easement holder, licensee or contracting party under a wind energy agreement;

(iii) "Wind energy right" means a property right in the development of wind powered energy generation;

(iv) "This act" means W.S. 34-27-101 through