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Courts interpret statutes based on the plain meaning of the law. However, when the plain meaning of the law is ambiguous, a court tries to determine what the legislature intended when writing the statute. In this case, researching the legislative history of a law might be necessary. This requires gathering official background documents leading up to a law’s enactment. For a comprehensive discussion of the legislative process across jurisdictions, see Singer’s Statutes and Statutory Construction, 7th ed., KF 425 .S56 2007 in our treatise section.
Developing a complete history of Wyoming legislation can be difficult. The Legislature publishes very few sources for searching legislative intent. Unpublished materials that are available can be accessed from the Wyoming State Library and the Legislative Service Office (LSO), both in Cheyenne. Our library has those materials that are publicly available throughout the process.
Basic Process of Legislation
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Sponsor requests draft of bill from the Legislative Service Office and approves draft |
LSO has bill drafting files from 1977 on, available to public only on approval from the Director. |
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Unique bill number is assigned |
Bills are available at http://legisweb.state.wy.us, and paper copies are available at the Law Library reserve desk. |
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Bill is prefiled. |
LSO has copies of all prefiled bills since 1971
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Introduction of bill by sponsor |
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Bill is referred to committee |
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Committee reports to full legislative body |
There are no transcripts of floor debates; however, audio tapes are available at the State Library since about 1995 and on the LSO web site since 2006. |
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Bill is referred to conference committee |
Conference committee recommendations are published in the Wyoming Digest of Senate and House Journals. The Digest records all action taken on a bill and is available on the web back to 2001 and on the internet archives back to 1995. |
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Bill is passed by individual houses of the legislature |
Amended copies of bills for the current legislative session are available at http://legisweb.state.wy.us, and the Law Library reserve desk. |
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Governor signs or vetoes |
Governor’s messages approving or vetoing bills are kept with the bill and may be retrieved from the Secretary of State’s Office. LSO has gubernatorial veto messages from 1975 to present. |
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Bill is assigned a chapter number and enacted into law. |
Enrolled acts are published in the Wyoming Session Laws and available from the LSO web site. The original bill and all amendments are retained in a bill jacket by the Secretary of State for ten years, then sent to the Archives and Records Management Section of the Department of Commerce. The Law Library binds original and amended bills at the end of each legislative session. |
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Session Laws are codified into Wyoming Statutes Annotated |
The Wyoming Statutes Annotated are current laws of the state arranged by title (topical) and annotated with case law. The official compilation is from LexisNexis. In 2007, West began publishing the unofficial West’s Wyoming Statutes Annotated. |
1. Look up your statute in the Wyoming Statutes Annotated located in
the Reference area (M-C-1). Refer to the brief legislative history at the
end of the statute for cites to Laws (Wyoming Session Laws), journal
articles, and case law. Note the date, chapter, and section numbers for each reference to Laws,
for
example: (Laws 1974, ch. 24, § 2; Laws 1978, ch. 48, § 4). This
information tells you when the law was enacted (the initial reference) and
the dates of each amendment along with a citation to retrieve the changed
text.
2. Look up
each of your references in the Wyoming Session Laws (Wyoming KFW 4225
.A3) in the Wyoming section on the second floor. To find Laws 1974, ch.
24 § 2, retrieve the 1974 Wyoming Session Laws volume and look for Chapter
24, § 2. The Session Laws contain
the final draft of the bill with textual changes identified. From here take note of the original House bill or
Senate file number. That will assist you to further your research in other
resources. The chaptered bill may also contain uncodified text that deals
with administrative aspects of the newly enacted law, usually as a brief
introduction.
3. Find the original bill as introduced in the bound volumes of Wyoming
House Bills and Senate Files (KFW 4207 .L45) in the Wyoming treatise
section. Current bills are kept on Reserve at the circulation desk along
with any Engrossed Acts. Comparing the original version with the
amended versions can help you determine the intent of the legislature. For
current legislation monitor the state legislature website
for activity at http://legisweb.state.wy.us.
4. Use the Wyoming Digest of Senate and House Journals (KFW 12 .L45)
in the Wyoming treatise section to find conference committee recommendations
(recommendations on whether a bill should be passed based on discussion of
both houses together), citations, bill sponsor’s names, names of committees
that considered the bill, dates of action taken, text of all adopted
amendments to the bill and all roll call votes. This
information is also available under Bill Information at the LSO web site.
5. You may want to look at Attorney General Opinions (KFW 4640
.A5587). Sometimes they review legislative history when interpreting a
statute. We have the most recent years on reserve, older years in the
Wyoming collection.
6. We have a complete collection of the Wyoming Law Review (S-S-3 and
on reserve), Wyoming Law Journal (S-S-3) and Land and Water Law
Review (S-N-28 and on reserve). Our electronic and paper journal indexes
access articles that appear in these publications. Frequently a
contributor will write an article discussing a Wyoming statute at length,
including some elements of legislative history.
7. Shepard’s and KeyCite list
citations to Wyoming statutes that appear in case law and law review
articles. You can look up a cite to your statute in this volume to see
whether any law review articles or cases have cited it.
01/10
Borrowing Books and Interlibrary Loan
George W. Hopper
Law Library
College of Law
University of Wyoming
Dept. 3035
1000 E. University Ave.
Laramie, WY 82071
phone: (307) 766-2210
fax: (307) 766-4044
email: lawref@uwyo.edu