Wyo. Stat. § 34-20-104

recording declaration; covenants running with land. (a) Whenever condominium ownership of real property is created, or separate assessment of condominium units is desired, a written notice thereof shall be delivered to the assessor of the county in which said real property is situated, which notice shall set forth descriptions of the condominium units. Thereafter all taxes, assessments and other charges of this state or of any political subdivision or of any special improvement district or any other taxing or assessing authority shall be assessed against and collected on each condominium unit, each of which shall be carried on the tax books as a separate and distinct parcel for the purpose, and not on the building or property as a whole. The valuation of the general and limited common elements shall be assessed proportionately upon the individual air space unit in the manner provided in the declaration. The lien for taxes assessed to any individual condominium owner shall be confined to his condominium unit and to his undivided interest in the general and limited common elements. No forfeiture or sale of any condominium unit for delinquent taxes, mechanics, laborers or materialmen's liens, assessments or charges shall divest or in any way affect the title of other condominium units. (b) The declaration shall be recorded in the office of the county clerk where the condominium property is located. Such declaration shall provide for the filing for record of a map properly locating condominium units. Any instrument affecting the condominium unit may legally describe it by the identifying condominium unit number or symbol as shown on such map. If such declaration provides for the disposition of condominium units in the event of the destruction or obsolescence of buildings in which such units are situated and restricts partition of the common elements, the rules or laws known as the rule against perpetuities and the rule prohibiting unlawful restraints on alienation shall not be applied to defeat or limit any such provisions. (c) To the extent that any such declaration shall contain a mandatory requirement that all condominium unit owners shall be members of an association or corporation, or provide for the payment of charges assessed by the association upon condominium units, or the appointment of an attorney-in-fact to deal with the property upon its destruction or obsolescence, any rule of law to the contrary notwithstanding, the same shall be considered as covenants running with the land binding upon all condominium owners and their successors in interest. Any common law rule terminating agency upon death or disability of a principal shall not be applied to defeat or limit any such provisions. CHAPTER 21 - UNIFORM COMMERCIAL CODE ARTICLE 1 - GENERAL PROVISIONS 34-21-101. Renumbered by order of management council. 34-21-102. Renumbered by order of management council. 34-21-103. Renumbered by order of management council. 34-21-104. Renumbered by order of management council. 34-21-105. Renumbered by order of management council. 34-21-106. Renumbered by order of management council. 34-21-107. Renumbered by order of management council. 34-21-108. Renumbered by order of management council. 34-21-109. Renumbered by order of management council. 34-21-110. Renumbered by order of management council. 34-21-111. Renumbered by order of management council. 34-21-112. Renumbered by order of management council. 34-21-113. Renumbered by order of management council. 34-21-114. Renumbered by order of management council. 34-21-115. Renumbered by order of management council. 34-21-116. Renumbered by order of management council. 34-21-117. Renumbered by order of management council. 34-21-118. Renumbered by order of management council. 34-21-119. Renumbered by order of management council. 34-21-120. Renumbered by order of management council. 34-21-121. Renumbered by order of management council. 34-21-122. Renumbered by order of management council. 34-21-123. Renumbered by order of management council. 34-21-124. Renumbered by order of management council. 34-21-125. Renumbered by order of management council. 34-21-126. Renumbered by order of management council. 34-21-127. Renumbered by order of management council. 34-21-128. Renumbered by order of management council. ARTICLE 2 - SALES 34-21-201. Renumbered by order of management council. 34-21-202. Renumbered by order of management council. 34-21-203. Renumbered by order of management council. 34-21-204. Renumbered by order of management council. 34-21-205. Renumbered by order of management council. 34-21-206. Renumbered by order of management council. 34-21-207. Renumbered by order of management council. 34-21-208. Renumbered by order of management council. 34-21-209. Renumbered by order of management council. 34-21-210. Renumbered by order of management council. 34-21-211. Renumbered by order of management council. 34-21-212. Renumbered by order of management council. 34-21-213. Renumbered by order of management council. 34-21-214. Renumbered by order of management council. 34-21-215. Renumbered by order of management council. 34-21-216. Renumbered by order of management council. 34-21-217. Renumbered by order of management council. 34-21-218. Renumbered by order of management council. 34-21-219. Renumbered by order of management council. 34-21-220. Renumbered by order of management council. 34-21-221. Renumbered by order of management council. 34-21-222. Renumbered by order of management council. 34-21-223. 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Renumbered by order of management council. 34-21-278. Renumbered by order of management council. 34-21-279. Renumbered by order of management council. 34-21-280. Renumbered by order of management council. 34-21-281. Renumbered by order of management council. 34-21-282. Renumbered by order of management council. 34-21-283. Renumbered by order of management council. 34-21-284. Renumbered by order of management council. 34-21-285. Renumbered by order of management council. 34-21-286. Renumbered by order of management council. 34-21-287. Renumbered by order of management council. 34-21-288. Renumbered by order of management council. 34-21-289. Renumbered by order of management council. 34-21-290. Renumbered by order of management council. 34-21-291. Renumbered by order of management council. 34-21-292. Renumbered by order of management council. 34-21-293. Renumbered by order of management council. 34-21-294. Renumbered by order of management council. 34-21-295. 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ARTICLE 4 - BANK DEPOSITS AND COLLECTIONS 34-21-401. Renumbered by order of management council. 34-21-402. Renumbered by order of management council. 34-21-403. Renumbered by order of management council. 34-21-404. Renumbered by order of management council. 34-21-405. Renumbered by order of management council. 34-21-406. Renumbered by order of management council. 34-21-407. Renumbered by order of management council. 34-21-408. Renumbered by order of management council. 34-21-409. Renumbered by order of management council. 34-21-410. Renumbered by order of management council. 34-21-411. Renumbered by order of management council. 34-21-412. Renumbered by order of management council. 34-21-413. Renumbered by order of management council. 34-21-414. Renumbered by order of management council. 34-21-415. Renumbered by order of management council. 34-21-416. Renumbered by order of management council. 34-21-417. Renumbered by order of management council. 34-21-418. 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Renumbered by order of management council. 34-21-455. Renumbered by order of management council. 34-21-456. Renumbered by order of management council. 34-21-457. Renumbered by order of management council. 34-21-458. Renumbered by order of management council. 34-21-459. Renumbered by order of management council. 34-21-460. Renumbered by order of management council. 34-21-461. Renumbered by order of management council. 34-21-462. Renumbered by order of management council. 34-21-463. Renumbered by order of management council. 34-21-464. Renumbered by order of management council. 34-21-465. Renumbered by order of management council. 34-21-466. Renumbered by order of management council. 34-21-467. Renumbered by order of management council. 34-21-468. Renumbered by order of management council. 34-21-469. Renumbered by order of management council. 34-21-470. Renumbered by order of management council. 34-21-471. Renumbered by order of management council. 34-21-472. 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Renumbered by order of management council. 34-21-491. Renumbered by order of management council. 34-21-492. Renumbered by order of management council. 34-21-493. Renumbered by order of management council. ARTICLE 5 - LETTERS OF CREDIT 34-21-501. Renumbered by order of management council. 34-21-502. Renumbered by order of management council. 34-21-503. Renumbered by order of management council. 34-21-504. Renumbered by order of management council. 34-21-505. Renumbered by order of management council. 34-21-506. Renumbered by order of management council. 34-21-507. Renumbered by order of management council. 34-21-508. Renumbered by order of management council. 34-21-509. Renumbered by order of management council. 34-21-510. Renumbered by order of management council. 34-21-511. Renumbered by order of management council. 34-21-512. Renumbered by order of management council. 34-21-513. Renumbered by order of management council. 34-21-514. Renumbered by order of management council. 34-21-515. Renumbered by order of management council. 34-21-516. Renumbered by order of management council. 34-21-517. Renumbered by order of management council. ARTICLE 6 - BULK TRANSFERS 34-21-601. Renumbered by order of management council. 34-21-602. Renumbered by order of management council. 34-21-603. Renumbered by order of management council. 34-21-604. Renumbered by order of management council. 34-21-605. Renumbered by order of management council. 34-21-606. Renumbered by order of management council. 34-21-607. Renumbered by order of management council. 34-21-608. Renumbered by order of management council. 34-21-609. Renumbered by order of management council. 34-21-610. Renumbered by order of management council. ARTICLE 7 - WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE 34-21-701. Renumbered by order of management council. 34-21-702. Renumbered by order of management council. 34-21-703. Renumbered by order of management council. 34-21-704. Renumbered by order of management council. 34-21-705. Renumbered by order of management council. 34-21-706. Renumbered by order of management council. 34-21-707. Renumbered by order of management council. 34-21-708. Renumbered by order of management council. 34-21-709. Renumbered by order of management council. 34-21-710. Renumbered by order of management council. 34-21-711. Renumbered by order of management council. 34-21-712. Renumbered by order of management council. 34-21-713. Renumbered by order of management council. 34-21-714. Renumbered by order of management council. 34-21-715. Renumbered by order of management council. 34-21-716. Renumbered by order of management council. 34-21-717. Renumbered by order of management council. 34-21-718. Renumbered by order of management council. 34-21-719. Renumbered by order of management council. 34-21-720. Renumbered by order of management council. 34-21-721. 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Renumbered by order of management council. 34-21-740. Renumbered by order of management council. 34-21-741. Renumbered by order of management council. 34-21-742. Renumbered by order of management council. 34-21-743. Renumbered by order of management council. 34-21-744. Renumbered by order of management council. 34-21-745. Renumbered by order of management council. 34-21-746. Renumbered by order of management council. 34-21-747. Renumbered by order of management council. 34-21-748. Renumbered by order of management council. 34-21-749. Renumbered by order of management council. 34-21-750. Renumbered by order of management council. 34-21-751. Renumbered by order of management council. 34-21-752. Renumbered by order of management council. ARTICLE 8 - INVESTMENT SECURITIES 34-21-801. Renumbered by order of management council. 34-21-802. Renumbered by order of management council. 34-21-803. Renumbered by order of management council. 34-21-804. Renumbered by order of management council. 34-21-805. Renumbered by order of management council. 34-21-806. Renumbered by order of management council. 34-21-807. Renumbered by order of management council. 34-21-808. Renumbered by order of management council. 34-21-809. Renumbered by order of management council. 34-21-810. Renumbered by order of management council. 34-21-811. Renumbered by order of management council. 34-21-812. Renumbered by order of management council. 34-21-813. Renumbered by order of management council. 34-21-814. Renumbered by order of management council. 34-21-815. Renumbered by order of management council. 34-21-816. Renumbered by order of management council. 34-21-817. Renumbered by order of management council. 34-21-818. Renumbered by order of management council. 34-21-819. Renumbered by order of management council. 34-21-820. Renumbered by order of management council. 34-21-821. Renumbered by order of management council. 34-21-822. Renumbered by order of management council. 34-21-823. Renumbered by order of management council. 34-21-824. Renumbered by order of management council. 34-21-825. Renumbered by order of management council. 34-21-826. Renumbered by order of management council. 34-21-827. Renumbered by order of management council. 34-21-828. Renumbered by order of management council. 34-21-829. Renumbered by order of management council. 34-21-830. Renumbered by order of management council. 34-21-831. Renumbered by order of management council. 34-21-832. Renumbered by order of management council. 34-21-833. Renumbered by order of management council. 34-21-834. Renumbered by order of management council. 34-21-835. Renumbered by order of management council. 34-21-836. Renumbered by order of management council. 34-21-837. Renumbered by order of management council. 34-21-838. Renumbered by order of management council. 34-21-839. Renumbered by order of management council. 34-21-840. 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Renumbered by order of management council. 34-21-859. Renumbered by order of management council. 34-21-860. Renumbered by order of management council. 34-21-861. Renumbered by order of management council. 34-21-862. Renumbered by order of management council. 34-21-863. Renumbered by order of management council. 34-21-864. Renumbered by order of management council. 34-21-865. Renumbered by order of management council. 34-21-866. Renumbered by order of management council. 34-21-867. Renumbered by order of management council. 34-21-868. Renumbered by order of management council. 34-21-869. Renumbered by order of management council. 34-21-870. Renumbered by order of management council. 34-21-871. Renumbered by order of management council. 34-21-872. Renumbered by order of management council. 34-21-873. Renumbered by order of management council. 34-21-874. Renumbered by order of management council. 34-21-875. Renumbered by order of management council. 34-21-876. Renumbered by order of management council. ARTICLE 9 - SECURED TRANSACTIONS: SALES OF ACCOUNTS, CONTRACT RIGHTS AND CHATTEL PAPER 34-21-901. Renumbered by order of management council. 34-21-902. Renumbered by order of management council. 34-21-903. Renumbered by order of management council. 34-21-904. Renumbered by order of management council. 34-21-905. Renumbered by order of management council. 34-21-906. Renumbered by order of management council. 34-21-907. Renumbered by order of management council. 34-21-908. Renumbered by order of management council. 34-21-909. Renumbered by order of management council. 34-21-910. Renumbered by order of management council. 34-21-911. Renumbered by order of management council. 34-21-912. Renumbered by order of management council. 34-21-913. Renumbered by order of management council. 34-21-914. Renumbered by order of management council. 34-21-915. Renumbered by order of management council. 34-21-916. Renumbered by order of management council. 34-21-917. Renumbered by order of management council. 34-21-918. Renumbered by order of management council. 34-21-919. Renumbered by order of management council. 34-21-920. Renumbered by order of management council. 34-21-921. Renumbered by order of management council. 34-21-922. Renumbered by order of management council. 34-21-923. Renumbered by order of management council. 34-21-924. Renumbered by order of management council. 34-21-925. Renumbered by order of management council. 34-21-926. Renumbered by order of management council. 34-21-927. Renumbered by order of management council. 34-21-928. Renumbered by order of management council. 34-21-929. Renumbered by order of management council. 34-21-930. Renumbered by order of management council. 34-21-931. Renumbered by order of management council. 34-21-932. Renumbered by order of management council. 34-21-933. Renumbered by order of management council. 34-21-934. Renumbered by order of management council. 34-21-935. Renumbered by order of management council. 34-21-936. Renumbered by order of management council. 34-21-937. Renumbered by order of management council. 34-21-938. Renumbered by order of management council. 34-21-939. Renumbered by order of management council. 34-21-940. Renumbered by order of management council. 34-21-941. Renumbered by order of management council. 34-21-942. Renumbered by order of management council. 34-21-943. Renumbered by order of management council. 34-21-944. Renumbered by order of management council. 34-21-945. Renumbered by order of management council. 34-21-946. Renumbered by order of management council. 34-21-947. Renumbered by order of management council. 34-21-948. Renumbered by order of management council. 34-21-949. Renumbered by order of management council. 34-21-950. Renumbered by order of management council. 34-21-951. Renumbered by order of management council. 34-21-952. Renumbered by order of management council. 34-21-953. Renumbered by order of management council. 34-21-954. Renumbered by order of management council. 34-21-955. Renumbered by order of management council. 34-21-956. Renumbered by order of management council. 34-21-957. Renumbered by order of management council. 34-21-958. Renumbered by order of management council. 34-21-959. Renumbered by order of management council. 34-21-960. Renumbered by order of management council.  34-21-961. Renumbered by order of management council. 34-21-962. Renumbered by order of management council. 34-21-963. Renumbered by order of management council. 34-21-964. Renumbered by order of management council. 34-21-965. Renumbered by order of management council. 34-21-966. Renumbered by order of management council. ARTICLE 10 - REPEAL OF INCONSISTENT LEGISLATION AND EFFECTIVE DATE 34-21-1001. Renumbered by order of management council. 34-21-1002. Renumbered by order of management council. ARTICLE 11 - CENTRAL FILING SYSTEM - AGRICULTURAL PRODUCTS 34-21-1101. Definitions. (a) As used in this act: (i) "Buyer in the ordinary course of business" means a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations who is in the business of selling farm products; (ii) "Central filing system" means the system for filing effective financing statements or notice of those financing statements established under this act in response to section 1324 of the Food Security Act of 1985, Public Law 99-198, 7 U.S.C. § 1631 (Supp. 1988); (iii) "Commission merchant" means any person engaged in the business of receiving any farm product for sale, on commission or for or on behalf of another person; (iv) "Debtor" means the person subjecting a farm product to a security interest; (v) "Effective financing statement" means a statement that:  (A) Is signed, authorized or otherwise authenticated by the secured party; (B) Is filed by the secured party in the office of the secretary of state; (C) Is signed, authorized or otherwise authenticated by the debtor; (D) Contains: (I) The name and address of the secured party; (II) The name and address of the debtor; (III) An approved unique identification number of the debtor; (IV) A description of the farm products subject to the security interest created by the debtor, including the amount of such products where applicable; (V) Each county in this state where the debtor's farm product is used or produced or to be used or produced; (VI) Crop year, unless every crop of the farm product in question is to be subject to the particular security interest for the duration of the effective financing statement; (VII) Further details of the farm product subject to the security interest if needed to distinguish it from other quantities of the product owned by the same person but not subject to the particular security interest; and (VIII) Other information that the secretary of state may require to comply with section 1324 of the Food Security Act of 1985, Public Law 99-198, 7 U.S.C. § 1631 (Supp. 1988), or to more efficiently carry out his duties under this act. (E) Shall be amended and filed, within three (3) months to reflect material changes;  (F) Remains effective for a period of five (5) years from the date of filing, subject to extensions for additional periods of five (5) years each by refiling or filing a continuation statement within six (6) months before the expiration of the five (5) year period; (G) Lapses on either the expiration of the effective period of the statement or the filing of a notice signed, authorized or otherwise authenticated by the secured party that the statement is terminated, whichever occurs first; (H) Is accompanied by the filing fee required under this act; and (J) Substantially complies with the requirements of this paragraph even though it contains minor errors that are not seriously misleading. An effective financing statement may, for any given debtor or debtors, cover more than one (1) farm product located in more than one (1) county. However, should more than ten (10) products, counties or combinations thereof be listed, an additional fee shall be charged. (vi) "Farm product" means an agricultural commodity, such as wheat, corn, soybeans or a species of livestock such as cattle, hogs, sheep, horses or poultry used or produced in farming operations, or a product of such crop or livestock in its unmanufactured state, such as woolclip, milk or eggs that is in the possession of a person engaged in farming operations; (vii) "Knows" or "knowledge" means actual knowledge; (viii) "Receipt of notice" of an existing security interest means, for purposes of section 1324 of the Food Security Act of 1985, Public Law 99-198, 7 U.S.C. § 1631 (Supp. 1988), and for purposes of this act, the earlier of: (A) The date notice is actually received by a buyer in the ordinary course of business; (B) The first day upon which delivery of the notice is attempted by a carrier; or (C) Five (5) days after the notice is mailed. (ix) "Registrant" means any buyer of farm products, commission merchant, selling agent or other person who registers with the secretary of state to receive the master list;  (x) "Security interest" means an interest in farm products that secures payment or performance of an obligation; (xi) "Selling agent" means any person, other than a commission merchant, who is engaged in the business of negotiating the sale and purchase of any farm product on behalf of a person engaged in farming operations; (xii) "This act" means W.S. 34-21-1101 through 34-21-1107. 34-21-1102. Central filing system; establishment. (a) The secretary of state shall establish and operate a central filing system for effective financing statements. The system shall provide a means for filing effective financing statements or notices of such financing statements on a statewide basis. The system shall include requirements that: (i) An effective financing statement or notice of a financing statement shall be filed in the office of the secretary of state. A debtor's residence is presumed to be the residence shown on the filing. The validity of the filing is not affected if the residence indicated is improper or inaccurate. The secretary of state shall mark the statement or notice with a consecutive file number and the date and hour of filing and shall hold the statement or notice for public inspection. In addition, the secretary of state shall index the statements and notices according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement; (ii) The secretary of state shall compile all statements or notices filed under this act into a master list containing the information specified in W.S. 34-21-1101(a)(v)(D); (iii) The secretary of state shall distribute to registrants the information on the master list in lists by farm product arranged either alphabetically by debtor or numerically by the debtor's approved unique identification number. If a registered buyer so requests, the list or lists for such buyer may be limited to any county or group of counties where the farm product is used or produced or to any crop year or years or a combination of those identifiers;  (iv) All buyers of farm products, commission merchants, selling agents and other persons may register with the secretary of state to receive lists described in paragraph (a)(iii) of this section. Lists produced under the central filing system shall be used only for the purposes of this act. Any buyer of farm products, commission merchant, selling agent or other person conducting business from multiple locations shall be considered as one (1) entity. Registration shall be on an annual calendar year basis. The secretary of state shall provide the form for registration which shall include the name and address of the registrant and the list or lists described in paragraph (a)(iii) of this section which the registrant desires to receive. The form shall also include other information that the secretary of state may require to comply with section 1324 of the Food Security Act of 1985, Public Law 99-198, 7 U.S.C. 1631 (Supp. 1988), or to more efficiently carry out his duties under this act. A registration shall not be completed until the form provided is properly completed and received by the secretary of state accompanied by the specified registration fee. A registrant shall pay an additional annual fee as specified under this act to receive monthly lists described in paragraph (a)(iii) of this section. A registration may be amended during the year by properly completing the prescribed form and submitting it along with the specified fee to the secretary of state. Registrants shall immediately notify the secretary of state of any change of address by filling out the proper form in order to continue to receive copies of the central filing system master list and to continue to be considered registered. The secretary of state shall maintain a record of the registrants and the lists and contents of the lists received by the registrants for a period of five (5) years; (v) The lists requested by registrants under paragraph (a)(iv) of this section shall be distributed by the secretary of state on a monthly basis and shall be in written or printed form. The secretary of state may by rule provide for the distribution of the lists on any medium and establish reasonable charges therefor. The secretary of state shall, by rule, establish the dates upon which the monthly distribution will be made, the dates after which a filing of an effective financing statement will not be reflected on the next monthly distribution of lists and the dates by which a registrant must complete a registration to receive the next monthly list; and (vi) The secretary of state shall remove lapsed and terminated effective financing statements or notices of such financing statements from the master list before preparing the lists for distribution under paragraph (a)(v) of this section. (b) The secretary of state shall apply to the secretary of the United States department of agriculture for certification of the central filing system. (c) The secretary of state shall: (i) Adopt and promulgate rules to implement this act if necessary to obtain federal certification of the central filing system. Additional and alternative requirements made in conformity with section 1324 of the Food Security Act of 1985, Public Law 99-198, 7 U.S.C. § 1631 (Supp. 1988) and with the rules promulgated under it may be imposed by the secretary of state by rule; (ii) Prescribe all forms to be used for filing effective financing statements and subsequent transactions and all other forms necessary to implement this act. 34-21-1103. Filing. (a) Presentation for filing of an effective financing statement, tender of the filing fee and the acceptance of the statement by the secretary of state constitutes filing under this act. (b) A continuation statement may be filed by the secured party within six (6) months immediately prior to the expiration of the five (5) year period specified in W.S. 34-21-1101(a)(v)(F). Any continuation statement shall identify the original statement by file number and state that the original statement is still effective. The continuation statement need not be signed by the secured party or the debtor, whether filed by electronic means or filed in written form. Upon timely filing of the continuation statement, the effectiveness of the original statement shall be continued for five (5) years after the last date to which the filing was effective whereupon it shall lapse unless another continuation statement is filed in accordance with this subsection. If an effective financing statement exists at the time insolvency proceedings are commenced by or against the debtor, the effective financing statement shall remain effective until termination of the insolvency proceedings and thereafter for a period of sixty (60) days or until the expiration of the five (5) year period, whichever occurs later. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. 34-21-1104. Termination; notice. (a) Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party shall notify the debtor in writing of his right to have a notice of lapse of his effective financing statement filed which shall lead to the removal of his name from the files and lists compiled by the secretary of state. In lieu of that notice, the secured party may acquire a waiver of the debtor of that right and a request by the debtor that his effective financing statement be retained on file. The notice may be given or waiver acquired by the secured party at any time prior to the time specified in this subsection for giving the notice. (b) If the secured party does not furnish the notice or obtain the waiver specified in subsection (a) of this section, the secured party shall, within ten (10) days of final payment of all secured obligations, file a notice of termination with the secretary of state. The secured party shall on written demand by the debtor send the debtor a notice of termination to the effect that he no longer claims a security interest under the effective financing statement, which shall be identified by file number. The notice of termination is valid if signed by the secured party. (c) If the affected secured party fails to send a notice of lapse within ten (10) days after proper demand under subsection (b) of this section, he is liable to the debtor for the amount of one hundred dollars ($100.00) and for any loss caused to the debtor by the failure. (d) On presentation to the secretary of state of a notice of lapse, he shall treat it as a termination statement and note it in the index. 34-21-1105. Information requests. (a) Oral and written inquiries regarding information provided by the filing of effective financing statements may be made at the office of the secretary of state during regular business hours or at such other times as the secretary of state may set. The secretary of state shall, within twenty-four (24) hours after the request, furnish oral confirmation of any effective financing statement in the system to any buyer of farm products buying from a debtor, commission merchant or selling agent selling for a seller covered by such statement. If requested, oral confirmation shall be followed by written confirmation mailed by the end of the next business day. (b) The secretary of state and his employees or agents are exempt from all liability as a result of any error or omission in providing information as required by this act, except in cases of willful misconduct or gross negligence. 34-21-1106. Sales subject to security interest; release of security interest. (a) In the case of a farm product produced in Wyoming, a buyer in the ordinary course of business buying farm products takes subject to a security interest created by the seller, and a commission merchant or selling agent who sells a farm product for others shall be subject to a security interest created by the seller in such farm product, if: (i) The buyer, commission merchant or selling agent has failed to register with the secretary of state prior to the purchase of farm products, and the secured party has filed an effective financing statement or notice that covers the farm products being sold; or (ii) The buyer, commission merchant or selling agent received from the secretary of state written notice as provided in W.S. 34-21-1102(a)(v) that specifies both the seller and the farm products being sold by the seller as being subject to an effective financing statement or notice, and does not secure a waiver or release of the security interest specified in the effective financing statement or notice from the secured party by performing any payment obligation or otherwise. If a buyer in the ordinary course of business buying farm products covered by the central filing system tenders to the seller the total purchase price by means of a check or other instrument payable to the seller and each security interest holder of the seller identified in the central filing system for those products and if the security interest holder authorizes the negotiation of the check or other instrument, the authorization or endorsement and payment thereof constitutes a waiver or release of the security interest specified to the extent of the amount of the instrument.  (b) A buyer in the ordinary course of business buying farm products covered by the central filing system shall take subject to the security interest identified under the system, except that a registrant or a buyer in the ordinary course of business making an inquiry under W.S. 34-21-1105 shall not take subject to the security interest if the central filing system's failure to correctly provide any of the information specified in W.S. 34-21-1101(a)(v)(D) prevents the buyer from having knowledge of the effective financing statement. 34-21-1107. Fees. The secretary of state shall, while determining appropriate fees under W.S. 34.1-9-525 for original financing statements, determine appropriate fees for effective financing statement filings, statements of amendments, continuation, assignment and release and for statements of termination by rules. The rules must be adopted in accordance with the Wyoming Administrative Procedure Act. CHAPTER 22 - SOLAR RIGHTS 34-22-101. Short title. This act may be cited as the "Solar Rights Act". 34-22-102. Definitions. (a) As used in this act: (i) "Solar collector," except as provided in subsection (b) of this section, is one (1) of the following which is capable of collecting, storing or transmitting at least twenty-five thousand (25,000) BTU's on a clear winter solstice day: (A) A wall, clerestory or skylight window designed to transmit solar energy into a structure for heating purposes; (B) A greenhouse attached to another structure and designed to provide part of the heating load for the structure to which it is attached; (C) A trombe wall, "drum wall" or other wall or roof structural element designed to collect and transmit solar energy into a structure;  (D) A photovoltaic collector designed to convert solar energy into electric energy; (E) A plate-type collector designed to use solar energy to heat air, water or other fluids for use in hot water or space heating or for other applications; or (F) A massive structural element designed to collect solar energy and transmit it to internal spaces for heating. (ii) "Solar right" is a property right to an unobstructed line-of-sight path from a solar collector to the sun which permits radiation from the sun to impinge directly on the solar collector. The extent of the solar right shall be described by that illumination provided by the path of the sun on the winter solstice day which is put to a beneficial use or otherwise limited by this act; (iii) "Winter solstice day" is the solstice on or about December 21 which marks the beginning of winter in the northern hemisphere and is the time when the sun reaches its southernmost point; (iv) "Local government" means a city, town or county; (v) "This act" means W.S. 34-22-101 through 34-22-106. (b) For purposes of this act, "solar collector" shall not include a solar collector that is part of a facility that: (i) Has a rated power capacity of more than five hundred (500) kilowatts; or (ii) Would result in a surface disturbance equal to or greater than one hundred (100) acres. 34-22-103. Declaration of solar rights. (a) The beneficial use of solar energy is a property right. (b) In disputes over the use of solar energy:  (i) Beneficial use shall be the basis, the measure and the limit of the solar right, except as otherwise provided by written contract. If the amount of solar energy which a solar user can beneficially use varies with the season of the year, then the extent of the solar right shall vary likewise; (ii) Priority in time shall have the better right, except as provided in this act; and (iii) Nothing in this act diminishes the right of eminent domain. (c) Solar rights are property rights and as such shall be freely transferable within the bounds of law. 34-22-104. Restrictions on solar rights. (a) The solar right to radiation of the sun before 9:00 a.m. or after 3:00 p.m. Mountain Standard Time is de minimus and may be infringed without compensation to the owner of the solar collector. (b) A solar right which is not applied to a beneficial use for a period of five (5) years or more shall be deemed abandoned and without priority. (c) Solar collectors shall be located on the solar user's property so as not to unreasonably or unnecessarily restrict the uses of neighboring property. Unless otherwise permitted by the local government, no solar right attaches to a solar collector, or a portion of a solar collector, which would be shaded by a ten (10) foot wall located on the property line on a winter solstice day. 34-22-105. County and municipal authority. (a) Land-use regulations of local governments may encourage the use of solar energy systems. To encourage the use of solar energy systems, local governments may regulate: (i) The height, location, setback and energy efficiency of structures; (ii) The height and location of vegetation with respect to property lines;  (iii) The platting and orientation of land developments; and (iv) The type and location of energy systems or their components. (b) The local government shall establish permit systems for the use and application of solar energy. Where a local government establishes a permit system for the use and application of solar energy: (i) A solar permit shall be granted before a solar right may be established; (ii) The local government shall grant a solar permit to any proposed or existing solar collector which complies with this act. If a local government sets height or locational limits on structures or vegetation, the local government may restrict the solar permit to the airspace above or surrounding the restrictions. The extent of the solar right granted by this act shall not exceed the extent of the solar right granted by the solar permit; (iii) The solar right vests on the date the solar permit is granted. The solar collector shall be put to beneficial use within two (2) years except the local government may allow additional time for good cause shown. The local government shall certify the right and its beneficial use within two (2) years of its vesting; (iv) The priority of new construction with regard to interference in solar rights shall vest as of the date the building permit is applied for; (v) Cities and towns shall regulate solar rights within their boundaries. Counties shall regulate solar rights within the county and outside city limits. Local governments which agree may regulate solar rights jointly; (vi) Existing solar collector users shall apply for permits within five (5) years after the date permit systems are established by their local governments. The priority date for these solar rights shall be the first date the solar collector was beneficially used.  (c) No local government shall prohibit the construction or use of solar collectors except for reasons of public health and safety or as authorized in W.S. 18-5-501 through 18-5-513. 34-22-106. Recording solar rights. The granting of solar permits and the transfer of solar rights shall be recorded pursuant to W.S. 34-1-101 through 34-1-140. The instrument granting a solar permit shall include a description of the collector surface, or that portion of the collector surface to which the solar permit is granted. The description shall include the dimensions of the collector surface, the direction of orientation, the height above ground level and the location of the collector on the solar user's property. CHAPTER 23 - MUSEUMS - LOANED PROPERTY 34-23-101. Definitions. (a) For purposes of this chapter: (i) "Lender" means the actual owner of loaned property or his duly authorized agent, trustee, conservator, custodian, heir, fiduciary or any other person capable of having an interest in property; (ii) "Lender's address" means the most recent address as shown on the museum's records pertaining to the property on loan from the lender; (iii) "Loan" means all deposits of property with a museum which are not accompanied by a transfer of title to the property or other evidence of donative intent; (iv) "Museum" means an institution located in Wyoming and operated by a nonprofit corporation or a public agency primarily for educational, scientific or aesthetic purposes and which owns, borrows, cares for, exhibits, studies or archives property; (v) "Property" means all tangible objects, organic and inorganic, under a museum's care which have intrinsic scientific, historic, artistic or cultural value. 34-23-102. Notice to lender.  (a) If a museum accepts a loan of property on or after July 1, 1992 for a period of time exceeding ninety (90) days that is not subject to a written loan agreement, the museum shall give the lender the written notice required by this section. (b) If a museum holds loaned property acquired between July 1, 1982 and June 30, 1992 which is not subject to a written loan agreement, or holds loaned property acquired prior to July 1, 1982 which is not subject to a written loan agreement and which is not subject to subsection (f) of this section, the museum may give the lender the written notice required by this section. (c) Notice to a lender by a museum shall be deemed given under this chapter if sent by certified mail to the lender's address, return receipt requested. If the lender's address is not available to the museum or if proof of receipt is not received by the museum, notice shall be by publication at least once a week for three (3) successive weeks in a newspaper of general circulation in both the county in which the museum is located and the county of the lender's address, if any. (d) The notice shall contain the lender's name, the lender's address, the date of the loan, a description of the property loaned, the name, address and telephone number of the appropriate office or official to be contacted at the museum for information regarding the loan, an explanation of the lender's responsibilities to notify the museum of any change of address or ownership pursuant to W.S. 34-23-103, an explanation of the lender's right to file a notice of intent to preserve an interest pursuant to W.S. 34-23-104 and an explanation of when a museum acquires title to property originally loaned to it as provided in W.S. 34-23-104(b). (e) For purposes of this section, a museum is located in the county of its principal place of business or in the county in which any branch of the museum is located if the loan is made to the museum branch. (f) If a museum holds loaned property acquired prior to July 1, 1982 which is not subject to a written loan agreement, and more than ten (10) years have elapsed without written donor contact indicating the deposit is not a gift, the deposit is presumed to be a gift. The presumption of a gift under this subsection may be rebutted by submission of written documentation by the lender prior to July 1, 1995 establishing that the deposit was a loan. Failure by the lender to submit documentation to the museum under this subsection prior to July 1, 1995 shall result in transfer of ownership of the loaned property to the museum. 34-23-103. Lender's duties. The lender of property on loan to a museum shall notify the museum promptly in writing of any change of address or change in ownership of the property. Failure to notify the museum pursuant to this section may result in the lender's loss of ownership in the property. 34-23-104. Intent to preserve an interest. (a) The lender may file with a museum a notice of intent to preserve an interest in the property on loan to the museum within sixty (60) days of receipt of the notice required in W.S. 34-23-102. Filing of the notice does not validate or make enforceable any claim which would be extinguished under the terms of a written loan agreement or which would otherwise be invalid or unenforceable. The notice of intent to preserve an interest shall be effective for ten (10) years. The museum shall notify the lender by certified mail, return receipt requested, within thirty (30) days of the expiration of the initial ten (10) year period covered by the lender's notice of intent to preserve an interest. The lender may extend his intent to preserve an interest for ten (10) years by filing another notice in accordance with this section. (b) Failure to timely file a notice of intent after notification by a museum as provided for in W.S. 34-23-102, or failure to timely refile a notice of intent within ten (10) years of the original filing of notice, or failure to claim loaned property at the termination of the loan period shall result in transfer to the museum of ownership of the loaned property. (c) Failure to file a notice of intent, or to refile a notice of intent within ten (10) years of the original filing of notice pursuant to this section, shall result in transfer to the museum of ownership of the loaned property immediately, or if any lending agreement is in effect the termination of any lending agreement. (d) Notice of intent to preserve an interest shall:  (i) Be in writing; (ii) Contain a description of the property adequate to enable the museum to identify the property; (iii) Be accompanied by documentation sufficient to establish the lender as the owner of the property; and (iv) Be signed under penalty of perjury by the lender or by a person authorized to act on behalf of the lender. (e) A museum is not required to retain a notice of intent to preserve an interest which does not meet the requirements of subsection (d) of this section. Any museum not retaining the notice pursuant to this subsection shall promptly notify the lender at the address given on the notice of its determination that the notice is ineffective to preserve an interest and the reasons the notice is ineffective. Retention of a notice under this section is not an implication that the museum accepts the sufficiency or accuracy of the notice or that the notice is effective to preserve an interest in property on loan to the museum. (f) Unless the loaned property is returned to the lender, the museum shall retain the original or a copy of each notice to preserve an interest for a period of not less than ten (10) years. (g) The museum shall furnish any person filing notice under this section proof of receipt of notice by mailing a receipt to the lender at the address given on the notice within thirty (30) days after receipt of the notice. (h) The provisions of this section are not intended to affect or alter the terms of a written loan agreement. (j) All rights and obligations of a lender in property loaned to a museum under this chapter shall pass to the lender's estate upon the death of the lender. (k) The notice requirements of this section do not apply to loaned property held by a museum pursuant to W.S. 34-23-102(f). 34-23-105. Conservation or disposal of loaned property.  (a) A museum may apply measures to or dispose of property on loan to the museum without the permission of the lender if: (i) No notice of intent to preserve an interest has been filed or refiled pursuant to W.S. 34-23-104(a) and any applicable lending agreement has terminated; (ii) No notice of intent to preserve an interest has been filed and the lending agreement is still in effect or a notice of intent to preserve an interest has been filed within ten (10) years of the proposed conservation measure or disposal but: (A) Immediate action is required to protect the property on loan or other property in the custody of the museum and the lender cannot be reached at his last known address; (B) Immediate action is required because the property on loan has become a hazard to the health and safety of the public or the museum staff and the lender cannot be reached at his last known address; or (C) The lender does not agree to the conservation measures or to the disposal but is not willing or able to terminate the loan and retrieve the property. (iii) The museum holds the property as a presumed gift pursuant to W.S. 34-23-102(f). (b) Any museum applying conservation measures to property pursuant to paragraph (a)(ii) or (iii) of this section shall acquire ownership of the property or any proceeds from the disposition of the property. Any museum disposing of property pursuant to paragraph (a)(ii) or (iii) of this section shall not be liable for damage caused by sale of the property. 34-23-106. Notice of injury or loss. A museum shall provide prompt notice to the lender of any known injury to or loss of property on loan. 34-23-107. Notice of intent to terminate loan. (a) A museum may provide notice of the museum's intent to terminate a loan:  (i) To a lender who has filed a notice of intent to preserve an interest; (ii) To a lender who has not filed a notice of intent to preserve an interest if a lending agreement is still in effect; or (iii) To a lender of property held pursuant to W.S. 34-23-102(f) if the lender has submitted written documentation that the deposit was a loan within the period provided by W.S. 34-23-102(f). (b) The notice shall include a description of the property, the name, address and telephone number of the appropriate office or official to be contacted at the museum, and a statement containing substantially the following information: "The records of ....(name of museum) indicate that you have property on loan to the museum. The museum intends to terminate the loan. You are required by law to contact the museum, establish your ownership of the property and make arrangements to collect the property. If you fail to do so within one (1) year following the date of notice, you will be considered to have donated the property to the museum as provided under W.S. 34-23-108." 34-23-108. Limitations on actions against the museum. (a) Any action against a museum for damages because of injury to or loss of property loaned to the museum is barred unless commenced within one (1) year from the date the museum provides notice to the lender of the injury or loss or within three (3) years from the date of the injury or loss, whichever occurs earlier. (b) Any action against a museum to recover property on loan is barred unless commenced within one (1) year from the date the museum provides notice to the lender of its intent to terminate the loan provided under W.S. 34-23-107 or within ten (10) years from the date of notice of intent to preserve an interest in the property is filed with the museum under W.S. 34-23-104, whichever date is earlier. (c) Property loaned to the museum for which the lender fails to file an action for damages or recovery within the periods specified by subsections (a), (b) and (f) of this section shall be considered donated to the museum. (d) Notwithstanding subsections (b) and (c) of this section, a lender of property, other than property held by a museum pursuant to W.S. 34-23-102(f), not provided notice of the intention of the museum to terminate a loan and providing proof that the museum received a notice of intent to preserve an interest in loaned property within ten (10) years immediately preceding the filing of an action to recover the property, may recover the property or if the property has been disposed of, the reasonable value of the property at the time of disposition plus interest at five percent (5%) per year. (e) Any person purchasing property from a museum acquires good title to the property if the museum represents that title to the property has been acquired pursuant to this chapter. (f) Any action against a museum to recover property held by the museum pursuant to W.S. 34-23-102(f) is barred from and after July 1, 1995 unless the lender submits the documentation required by W.S. 34-23-102(f) to the museum prior to July 1, 1995. CHAPTER 24 - UNIFORM UNCLAIMED PROPERTY ACT 34-24-101. Short title; policy statement; uniform construction. (a) This act may be cited as the "Uniform Unclaimed Property Act." (b) Property shall be deemed to be "abandoned" or "unclaimed" when: (i) It is held, issued or owing by a holder; (ii) The identity, status or present location of the apparent owner is unknown; and (iii) The property cannot be paid, distributed or given to the apparent owner after the dormancy period stated for the type of unclaimed property in this act. (c) Property shall not be deemed to be "abandoned" or "unclaimed" while the character or degree of ownership interest of the apparent owner in the property is unsettled or disputed and the holder is notified of this fact. (d) All unclaimed property shall be placed in the custody of the administrator, subject to the perpetual right of the party originally owning or being entitled to the property to reclaim it upon proper proof of ownership and identity. Except for escrow agreements pursuant to W.S. 30-5-302, any provision, contract, agreement, practice, resolution, ordinance, decision, order or understanding, shall be void as contrary to this public policy, if the purpose of that provision is to avoid or contradict the custodial taking of unclaimed property by the administrator. (e) This act shall be liberally construed in favor of the state and so as to foster the report and turnover of unclaimed property to the administrator. 34-24-102. Definitions. (a) As used in this act: (i) "Administrator" means the state treasurer; (ii) "Apparent owner" means the person whose name appears on the records of the holder as the person entitled to property held, issued or owing by the holder; (iii) "Attorney general" means the chief legal officer of this state; (iv) "Banking organization" means a bank, trust company, savings bank, private banker or any organization defined by other law as a bank or banking organization; (v) "Business association" means a nonpublic corporation, joint stock company, investment company, business trust, partnership or association for business purposes of two (2) or more individuals, whether or not for profit, including a banking organization, financial organization, insurance company or utility; (vi) "Domicile" means the state of incorporation of a corporation and the state of the principal place of business of an unincorporated person;  (vii) "Financial organization" means a savings and loan association, building and loan association or credit union; (viii) "Holder" means a person, wherever organized or domiciled, who is: (A) In possession of property belonging to another; (B) A trustee; or (C) Indebted to another on an obligation. (ix) "Insurance company" means an association, corporation, fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance coverage, including but not limited to accident, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, surety and wage protection insurance; (x) "Intangible property" includes: (A) Monies, checks, drafts, deposits, interest, dividends and income; (B) Credit balances, customer overpayments, gift certificates, merchant stored value cards, security deposits, refunds, credit memos, unpaid wages, unused airline tickets and unidentified remittances except balances represented on debit cards; (C) Stocks and other intangible ownership interests in business associations except patronage capital of Wyoming rural electric cooperatives; (D) Monies deposited to redeem stocks, bonds, coupons and other securities or to make distributions; (E) Bonds, notes and any other debt obligations; (F) Amounts due and payable under the terms of insurance policies; (G) Amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance or similar benefits; and (H) Amounts distributable from a mineral interest in land. (xi) "Last known address" means a description of the location of the apparent owner sufficient for the purpose of the delivery of mail; (xii) "Mineral" means oil, gas, uranium, sulfur, lignite, coal and any other substance that is ordinarily and naturally considered a mineral, regardless of the depth at which the oil, gas, uranium, sulfur, lignite, coal or other substance is found; (xiii) "Mineral proceeds" includes: (A) All obligations to pay resulting from the production and sale of minerals, including net revenue interest, royalties, overriding royalties, production payments and joint operating agreements; and (B) All obligations for the acquisition and retention of a mineral lease, including bonuses, delay rentals, shut-in royalties and minimum royalties. (xiv) "Owner" means a depositor in the case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant or payee in the case of other intangible property or a person or that person's legal representative having a legal or equitable interest in property subject to this act; (xv) "Person" means an individual, business association, state or other government (including any governmental subdivision, agency, entity, officer or appointee thereof) public corporation, public authority, estate, trust, two (2) or more persons having a joint or common interest or any other legal or commercial entity; (xvi) "State" means any state, district, commonwealth, territory, insular possession or any other area subject to the legislative authority of the United States;  (xvii) "Utility" means a person who owns or operates for public use any plant, equipment, property, franchise or license for the transmission of communications, including cable television or the production, storage, transmission, sale, delivery or furnishing of electricity, water, steam or gas; (xviii) "Merchant stored value card" means an electronic promise that is: (A) Redeemable at a single merchant or an affiliated group of merchants that share the same name, mark or logo; (B) Issued in a specified amount, whether or not that amount may be increased in value or reloaded at the request of the owner of the card; (C) Purchased on a prepaid basis in exchange for payment; (D) Upon presentation, honored by a single merchant or affiliated group of merchants for goods or services; and (E) Not: (I) Distributed under an awards, rewards, loyalty, incentive, rebate or promotional program; or (II) Sold below face value or donated to an employee, nonprofit organization or an education institution for fund raising. (xix) "This act" means W.S. 34-24-101 through 34-24-140. 34-24-103. Property deemed abandoned; general rule. (a) Except as otherwise provided by this act, all intangible property, including any income or increment derived therefrom, less any lawful charges, that is held, issued or owing in the ordinary course of a holder's business and has remained unclaimed by the owner for more than five (5) years after it became payable or distributable is deemed abandoned. (b) Property is payable or distributable for the purpose of this act notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment. 34-24-104. General rules for taking custody of intangible unclaimed property. (a) Unless otherwise provided in this act or by other statute of this state, intangible property is subject to the custody of this state as unclaimed property if the property is deemed abandoned under W.S. 34-24-103 and 34-24-106 through 34-24-117 and 34-24-140 are satisfied and: (i) The last known address, as shown on the records of the holder, of the apparent owner is in this state; (ii) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state; (iii) The records of the holder do not reflect the last known address of the apparent owner and it is established that: (A) The last known address of the person entitled to the property is in this state; or (B) The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property. (iv) The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state; (v) The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or (vi) The transaction out of which the property arose occurred in this state and:  (A) The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and (B) The last known address of the apparent owner or other person entitled to the property is: (I) Unknown; or (II) In a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property. 34-24-105. Traveler's checks and money orders. (a) Subject to subsection (d) of this section, any sum payable on a traveler's check that has been outstanding for more than fifteen (15) years after its issuance is deemed abandoned unless the owner, within fifteen (15) years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer. (b) Subject to subsection (d) of this section, any sum payable on a money order that has been outstanding for more than seven (7) years after its issuance is deemed abandoned unless the owner, within seven (7) years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer. (c) A holder may not deduct from the amount of a traveler's check or money order any charge imposed by reason of the failure to present the instrument for payment unless there is a valid and enforceable written contract between the issuer and the owner of the instrument pursuant to which the issuer may impose a charge and the issuer regularly imposes such charges and does not regularly reverse or otherwise cancel them. (d) No sum payable on a traveler's check or money order described in subsections (a) and (b) of this section may be subjected to the custody of this state as unclaimed property unless:  (i) The records of the issuer show that the traveler's check or money order was purchased in this state; (ii) The issuer has its principal place of business in this state and the records of the issuer do not show the state in which the traveler's check or money order was purchased; or (iii) The issuer has its principal place of business in this state, the records of the issuer show the state in which the traveler's check or money order was purchased, and the laws of the state of purchase do not provide for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property. (e) Notwithstanding any other provision of this act, subsection (d) of this section applies to sums payable on traveler's checks or money orders deemed abandoned on the effective date of this act. (f) As used in this section, "money order" means a money order issued by a business association and includes a personal money order or other similar instrument issued by a banking or financial organization, but not a bank money order, which is deemed a cashier's check. 34-24-106. Checks, drafts and similar instruments issued or certified by banking and financial organizations. (a) Any sum payable on a check, draft or similar instrument, except those subject to W.S. 34-24-105, on which a banking or financial organization is directly liable, including a cashier's check and a certified check, which has been outstanding for more than five (5) years after it was payable or after its issuance if payable on demand, is deemed abandoned, unless the owner, within five (5) years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee thereof. (b) A holder may not deduct from the amount of any instrument subject to this section any charge imposed by reason of the failure to present the instrument for payment unless there is a valid and enforceable written contract between the holder and the owner of the instrument pursuant to which the holder may impose a charge, and the holder regularly imposes such charges and does not regularly reverse or otherwise cancel them. 34-24-107. Bank deposits and funds in financial organizations. (a) Any demand, savings or matured time deposit with a banking or financial organization, including a deposit that is automatically renewable, and any funds paid toward the purchase of a share, a mutual investment certificate or any other interest in a banking or financial organization is deemed abandoned after five (5) years if the location of the owner is unknown, except where the owner, within five (5) years, has: (i) In the case of a deposit, increased or decreased its amount or presented the passbook or other similar evidence of the deposit for the crediting of interest; (ii) Communicated in writing with the banking or financial organization concerning the property; (iii) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization; (iv) Owned other property to which paragraph (i), (ii) or (iii) of this subsection applies and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be deemed abandoned under this subsection at the address to which communications regarding the other property regularly are sent; or (v) Had another relationship with the banking or financial organization concerning which the owner has: (A) Communicated in writing with the banking or financial organization; or (B) Otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization and if the banking or financial organization communicates in writing with the owner with regard to the property that would otherwise be abandoned under this subsection at the address to which communications regarding the other relationship regularly are sent.  (b) For purposes of subsection (a) of this section, property includes interest and dividends. (c) A holder may not impose with respect to property described in subsection (a) of this section any charge due to dormancy or inactivity or cease payment of interest unless: (i) There is an enforceable written contract between the holder and the owner of the property pursuant to which the holder may impose a charge or cease payment of interest and the holder regularly imposes such charges or ceases payment of interest and does not regularly reverse or otherwise cancel them or retroactively credit interest with respect to the property; or (ii) The holder is specifically exempted by federal law. (d) Any property described in subsection (a) of this section that is automatically renewable is matured for purposes of subsection (a) of this section upon the expiration of its initial time period, but in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the banking or financial organization or otherwise indicating consent as evidenced by a memorandum or other record on file prepared by an employee of the organization, the property is matured upon the expiration of the last time period for which consent was given. If, at the time provided for delivery in W.S. 34-24-120, a penalty or forfeiture in the payment of interest would result from the delivery of the property, the time for delivery is extended until the time when no penalty or forfeiture would result. 34-24-108. Funds owing under life insurance policies. (a) Funds held or owing under any life or endowment insurance policy or annuity contract that has matured or terminated are deemed abandoned if unclaimed for more than five (5) years after the funds became due and payable as established from the records of the insurance company holding or owing the funds, but property described in paragraph (c)(ii) of this section is deemed abandoned if unclaimed for more than two (2) years. (b) If a person other than the insured or annuitant is entitled to the funds and an address of the person is not known to the company or it is not definite and certain from the records of the company who is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured or annuitant according to the records of the company. (c) For purposes of this act, a life or endowment insurance policy or annuity contract not matured by actual proof of the death of the insured or annuitant according to the records of the company is matured and the proceeds due and payable if: (i) The company knows that the insured or annuitant has died; or (ii) It is determined that: (A) The insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based; (B) The policy was in force at the time the insured attained, or would have attained, the limiting age specified in subparagraph (A) of this paragraph; and (C) Neither the insured nor any other person appearing to have an interest in the policy within the preceding two (2) years, according to the records of the company, has assigned, readjusted or paid premiums on the policy, subjected the policy to a loan, corresponded in writing with the company concerning the policy or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the company. (d) For purposes of this act, the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from being matured or terminated under subsection (a) of this section if the insured has died or the insured or the beneficiary of the policy otherwise has become entitled to the proceeds thereof before the depletion of the cash surrender value of a policy by the application of those provisions. (e) If the laws of this state or the terms of the life insurance policy require the company to give notice to the insured or owner that an automatic premium loan provision or other nonforfeiture provision has been exercised and the notice, given to an insured or owner whose last known address according to the records of the company is in this state, is undeliverable, the company shall make a reasonable search to ascertain the policyholder's correct address to which the notice must be mailed. (f) Notwithstanding any other provision of law, if the company learns of the death of the insured or annuitant and the beneficiary has not communicated with the insurer within four (4) months after the death, the company shall take reasonable steps to pay the proceeds to the beneficiary. (g) Commencing two (2) years after the effective date of this act, every change of beneficiary form issued by an insurance company under any life or endowment insurance policy or annuity contract to an insured or owner who is a resident of this state shall request the following information: (i) The name of each beneficiary, or if a class of beneficiaries is named, the name of each current beneficiary in the class; (ii) The address of each beneficiary; and (iii) The relationship of each beneficiary to the insured. 34-24-109. Deposits held by utilities. (a) Subject to subsection (b) of this section, a deposit, including any interest thereon, made by a subscriber with a utility to secure payment or any sum paid in advance for utility services to be furnished, less any lawful deductions, that remains unclaimed by the owner for more than one (1) year after termination of the services for which the deposit or advance payment was made is deemed abandoned. (b) The provisions of this act shall not apply to deposits or advance payments made to a cooperative utility subject to the provisions of the Wyoming Cooperative Utilities Act. 34-24-110. Refunds and payments resulting from judicial or administrative proceedings. (a) The sum to be paid as a refund, under an order or decision of a court or administrative agency or by agreement, remaining unclaimed for more than six (6) months after it became payable, is deemed abandoned, regardless of whether the apparent owner has made any claim to the refund, unless, within the preceding six (6) months, there has been a communication between the apparent owner and the holder concerning that sum. (b) Any sum payable or intangible property distributable in the course of a voluntary or involuntary dissolution or liquidation, remaining unclaimed for six (6) months after the date of the final distribution or liquidation, is deemed abandoned, unless, within the preceding six (6) months, there has been communication between the apparent owner and the person making the payment or distribution concerning that sum or distribution. (c) Intangible property payable or distributable to a member of or participant in a class action, either one allowed by the court to be maintained as such or one essentially handled as a class action, and remaining unclaimed for more than six (6) months after the time for the final payment or distribution is deemed abandoned, unless, within the preceding six (6) months, there has been a communication between the member or participant and the holder concerning the property. (d) Intangible property payable or distributable as the result of litigation or settlement of a dispute before a judicial or administrative body and remaining unclaimed for more than six (6) months after the time for the final payment or distribution is deemed abandoned, unless, within the preceding six (6) months, there has been a communication between the apparent owner and the holder concerning the property. (e) The person actually making or having the duty to make payment or distribution shall be deemed the holder for the purpose of this section. 34-24-111. Stock and other intangible interests in business associations. (a) Any stock, shareholding, or other intangible ownership interest in a business association, the existence of which is evidenced by records available to the association, is deemed abandoned and, with respect to the interest, the association is the holder, if: (i) The interest in the association is owned by a person who for more than three (3) years has neither claimed a dividend, distribution or other sum payable as a result of the interest, or who has not communicated with the association regarding the interest or a dividend, distribution or other sum payable as the result of the interest, as evidenced by a memorandum or other record on file with the association prepared by an employee of the association; and (ii) The association does not know the location of the owner at the end of the three (3) year period. (b) The return of official shareholder notifications or communications by the postal service as undeliverable shall be evidence that the association does not know the location of the owner. (c) This act shall be applicable to both the underlying stock, shareholdings or other intangible ownership interests of an owner, and any stock, shareholdings or other intangible ownership interest of which the business association is in possession of the certificate or other evidence or indicia of ownership, and to the stock, shareholdings or other intangible ownership interests of dividend and nondividend paying business associations whether or not the interest is represented by a certificate. (d) At the time an interest is deemed abandoned under this section, any dividend, distribution or other sum then held for or owing to the owner as a result of the interest, and not previously deemed abandoned, is deemed abandoned. (e) This act does not apply to any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions or other sums payable as a result of the interest unless: (i) The records available to the administrator of the plan show, with respect to any intangible ownership interest not enrolled in the reinvestment plan that the owner has not within three (3) years communicated in any manner described in subsection (a) of this section; or (ii) Three (3) years have elapsed since the location of the owner became unknown to the association, as evidenced by the return of official shareholder notifications or communications by the postal service as undeliverable, and the owner has not within those three (3) years communicated in any manner described in subsection (a) of this section. The three (3) year period from the return of official shareholder notifications or communications shall commence from the earlier of the return of the second such mailing or the time the holder discontinues mailings to the shareholder. 34-24-112. Property held by agents and fiduciaries. (a) All intangible property and any income or increment derived therefrom, held in a fiduciary capacity for the benefit of another person is deemed abandoned unless the owner, within five (5) years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary. (b) All intangible property and any income or increment derived therefrom held in an individual retirement account, a retirement plan for self-employed individuals, or similar account or plan established pursuant to the internal revenue laws of the United States, which has not been paid or distributed for more than ninety (90) days after the earliest of (1) the actual date of distribution or attempted distribution, (2) the date contracted for distribution in the plan or trust agreement governing the account or plan, or (3) the date specified in the internal revenue law of the United States by which distribution must begin in order to avoid a tax penalty, is deemed abandoned unless the owner or beneficiary, within five (5) preceding years has made additional payments or transfers of property to the account or plan, was paid or received a distribution, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the account or plan fiduciary. (c) For the purpose of this section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for that business association alone, unless the agreement between him and the business association provides otherwise. (d) For the purposes of this act, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned. 34-24-113. Property held by courts and public agencies. Any intangible property held by the executive, legislative or judicial branch of the United States government, or a state or a county or municipal subdivision of a state, or any of their authorities, agencies, instrumentalities, administrations, services or other organizations, and remaining unclaimed for more than one (1) year after it became payable or distributable is deemed abandoned. 34-24-114. Gift certificates, merchant stored value cards and credit memos. (a) Except as provided by subsection (e) of this section, a gift certificate, merchant stored value card or a credit memo is deemed abandoned if the balance remaining is greater than one hundred dollars ($100.00) and it remains unredeemed for more than five (5) years after the later of its issuance date or the last activity by its owner, including partial use, or in the case of a merchant stored value card, an increase in the card balance purchased by the owner. (b) In the case of a gift certificate or merchant stored value card, the amount deemed abandoned is the balance on the gift certificate or merchant stored value card as of the day of abandonment. In the case of a credit memo, the amount deemed abandoned is the amount credited as shown on the memo itself. (c) The amount of a gift certificate, merchant stored value card or credit memo deemed abandoned is subject to the custody of this state in the following circumstances: (i) The records of the issuer show that the last known address of the purchaser of the certificate, merchant stored value card or recipient of the memo is in this state; (ii) Repealed by Laws 2015, ch. 127, § 2. (iii) The records of the issuer do not show the address of the purchaser or of the recipient and the issuer is a domiciliary of this state; or (iv) The records of the issuer show that the address of the purchaser or recipient is in or is a state whose escheat or unclaimed property law does not provide for the escheat or custodial taking of gift certificates, merchant stored value cards and credit memos, and the issuer is a domiciliary of this state.  (d) Repealed by Laws 2015, ch. 127, § 2. (e) A gift certificate or merchant stored value card which has no expiration date and does not impose a fee of any kind in relation to the sale, redemption or replacement of the certificate or card, other than an initial charge not exceeding the face value of the certificate or card, is exempt from the requirements of this section. (f) Repealed by Laws 2016, ch. 73, § 1. 34-24-115. Wages. Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder's business which remain unclaimed by the owner for more than one (1) year after becoming payable are deemed abandoned. 34-24-116. Contents of safe deposit box or other safekeeping repository. All tangible and intangible property held in a safe deposit box or any other safekeeping repository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, which remain unclaimed by the owner for more than five (5) years after the lease or rental period on the box or other repository has expired, are deemed abandoned. 34-24-117. Mineral proceeds. (a) Any sum payable as mineral proceeds that has remained unclaimed by the owner for more than three (3) years after it became payable or distributable and the owner's underlying right to receive those mineral proceeds are deemed abandoned. (b) At the time an owner's underlying right to receive mineral proceeds is deemed abandoned, any mineral proceeds then owing to the owner and any proceeds accruing after that time are deemed abandoned. The sum deemed abandoned is subject to the custody of this state as unclaimed property if: (i) The last known address, as shown on the records of the holder, of the apparent owner is in this state;  (ii) The records of the holder do not reflect the last known address and it is established that the last known address of the apparent owner is in this state; (iii) The records of the holder do not reflect the last known address, and the holder is domiciled in or is a government or governmental subdivision or agency of this state; or (iv) The mineral interest is located in this state, and: (A) The last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide by law for the escheat or custodial taking of the property or is in a state in which the state's escheat or unclaimed property law is not applicable to the property; or (B) The last known address of the apparent owner is unknown and the holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or a state in which the state escheat or unclaimed property law is not applicable to the property. (c) A holder may not deduct from mineral proceeds any charge due to dormancy unless: (i) There is an enforceable written contract between the holder and the owner of the mineral proceeds pursuant to which the holder may impose a charge; (ii) For mineral proceeds in excess of five dollars ($5.00), the holder, no more than three (3) months before the initial imposition of those charges, has mailed written notice to the owner of the amount of those charges at the last known address of the owner stating that those charges will be imposed, provided the notice required in this paragraph need not be given with respect to charges imposed before the effective date of this act; and (iii) The holder regularly imposes such charges and in no instance reverses or otherwise cancels them. (d) Charges authorized under subsection (c) of this section may be made and collected monthly, quarterly or annually. However, beginning with the effective date of this act, the cumulative amount of charges may not exceed twelve dollars ($12.00) per year, and may only be charged for a maximum of two (2) calendar years. 34-24-118. Report of abandoned property. (a) A person holding property tangible or intangible, deemed abandoned and subject to custody as unclaimed property under this act, shall report to the administrator concerning the property as provided in this section. (b) The report shall be verified and shall include: (i) Except with respect to traveler's checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of property of the value of fifty dollars ($50.00) or more deemed abandoned under this act; (ii) In the case of unclaimed funds of fifty dollars ($50.00) or more held or owing under any insurance policy or annuity contract, the full name and last known address of the insured policy owner or annuitant and of the beneficiary according to the records of the insurance company holding or owing the funds. The report shall also include any information required by W.S. 26-16-505(h); (iii) In the case of the contents of a safe deposit box or other safekeeping repository or of other tangible property, a description of the property and the place where it is held and may be inspected by the administrator and any amounts owing to the holder; (iv) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, but items of value under fifty dollars ($50.00) each may be reported in the aggregate; (v) The date the property became payable, demandable or returnable and the date of the last transaction with the apparent owner with respect to the property; and (vi) Other information the administrator prescribes by rule as necessary for the administration of this act. (c) If the person holding property deemed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner or the holder has changed a name while holding the property, the report filed shall contain all known names and addresses of each previous holder of the property. (d) The report shall be filed no later than November 1 of each year for the reporting period ending June 30 next preceding. On written request by any person required to file a report, the administrator may postpone the reporting date. (e) Not more than one hundred twenty (120) days before filing the report required by this section, the holder in possession of property deemed abandoned and subject to custody as unclaimed property under this act shall send written notice to the apparent owner at that owner's last known address informing the owner that the holder is in possession of property subject to this act if: (i) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate; (ii) The claim of the apparent owner is not barred by the statute of limitations; and (iii) The property has a value of fifty dollars ($50.00) or more. (f) Reports filed with the administrator under this section are not public records and are not open to public inspection until twenty-four (24) months after the date payment or delivery is made under W.S. 34-24-120. 34-24-119. Abandoned property lists; notice and publication of lists of abandoned property. (a) The administrator shall prepare two (2) lists with information about property paid or delivered to the administrator under W.S. 34-24-120: (i) One list shall refer to all unclaimed funds of fifty dollars ($50.00) or more in the administrator's custody and shall contain: (A) The name and last known address of each person appearing from the holders' report to be entitled to the property; and  (B) The name and last known address of each insured person or annuitant and beneficiary from the report of an insurance company. (ii) The second list shall refer to property that has been in the administrator's custody for more than twenty-four (24) months and shall contain the following information: (A) The name and last known address of each person appearing from the holders' report to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary from the report of an insurance company; (B) The amount paid or delivered to the administrator; (C) The name of the person who paid or delivered the property to the administrator; (D) A general description of the property; and (E) Other information the administrator deems appropriate for inclusion in the list. (b) The lists described in subsection (a) of this section shall be updated semiannually and shall be available for public inspection at all reasonable business hours. Copies of each list shall be available to the public for a fee to be set by the administrator. (c) Within the calendar year following the year in which unclaimed property has been paid or delivered to the administrator, the administrator shall advertise the unclaimed property in a form that, in the discretion of the administrator, is likely to attract the attention of the apparent owner of the unclaimed property. (i) Repealed by Laws 2015, ch. 57, § 2. (ii) Repealed by Laws 2015, ch. 57, § 2. (iii) Repealed by Laws 2015, ch. 57, § 2. (iv) Repealed by Laws 2015, ch. 57, § 2.  (d) The administrator shall not be required to advertise the name and address or location of an owner of abandoned property having a total value less than fifty dollars ($50.00) nor information concerning traveler's checks, money orders and other similar written instruments deemed abandoned under W.S. 34-24-105. 34-24-120. Payment or delivery of abandoned property. (a) At the time of the filing of the report required by W.S. 34-24-118 and with that report, the person holding property deemed abandoned and subject to custody as unclaimed property shall pay or deliver to the administrator all of the property shown on the report and remaining unclaimed by the apparent owner. Upon written request showing good cause, the administrator may postpone the payment or delivery upon such terms or conditions as the administrator deems necessary and appropriate. The property paid or delivered to the administrator shall include all interest, dividends, increments and accretions due, payable or distributable on the property on November 1 of the year in which the report is required, except that interest accrued on a policy as defined in W.S. 26-16-505(k)(iii) or a retained asset account as defined in W.S. 26-16-505(k)(v) shall not be considered unclaimed property. If payment or delivery is postponed, the property paid or delivered to the administrator shall include all interest, dividends, increments and accretions due, payable or distributable on the day that the property is paid or delivered to the administrator. (b) The holder of an interest under W.S. 34-24-111 shall issue and deliver to the administrator a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership, registered in the name of the Wyoming state treasurer. Upon delivery of a duplicate certificate to the administrator, the holder and any transfer agent, registrar or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate or other evidence of ownership is relieved of all liability in accordance with W.S. 34-24-121 to every person, including any person acquiring the original certificate or the duplicate certificate issued to the administrator, for any losses or damages resulting to any person by the issuance and delivery of the duplicate certificate or other evidence of ownership to the administrator. (c) When a certificate or other evidence of ownership, or a bond or other debt security, registered in the name of a person is delivered to the administrator pursuant to any provision of this act and is presented by the administrator to the issuer thereof of [or] its agent, the issuer shall transfer and register it in the name of the Wyoming state treasurer, and a new certificate or security, so registered, shall be delivered to the administrator. The issuer and its transfer agent, registrar or other person acting on behalf of the issuer in executing and delivering the certificate or security shall be fully and automatically relieved from any liability to any person in accordance with W.S. 34-24-121 for any loss or damage caused by the transfer, issuance and delivery of the certificate or security to the administrator. 34-24-121. Custody by state; holder relieved from liability; reimbursement of holder paying claim; reclaiming for owner; defense of holder; payment of safe deposit box or repository charges. (a) Upon the payment or delivery of property to the administrator, the state assumes custody and responsibility for the safekeeping of the property. A person who pays or delivers property to the administrator in good faith is relieved of all liability to the extent of the value of the property paid or delivered for any claim then existing or which thereafter may arise or be made in respect to the property. The person who pays or delivers in this manner shall not thereafter be liable for interest. (b) A holder who has paid money to the administrator pursuant to this act may make payment to any person appearing to the holder to be entitled to payment and, upon filing proof of payment and proof that the payee was entitled thereto, the administrator shall promptly reimburse the holder for the payment without imposing any fee or other charge. If reimbursement is sought for a payment made on a negotiable instrument, including a traveler's check or money order, the holder must be reimbursed under this subsection upon filing proof that the instrument was duly presented and that payment was made to a person who appeared to the holder to be entitled to payment. The holder shall be reimbursed for payment made under this subsection even if the payment was made to a person whose claim was barred under W.S. 34-24-130(a). (c) A holder who has delivered property (including a certificate of any interest in a business association) other than money to the administrator pursuant to this act may reclaim the property if still in the possession of the administrator, without paying any fee or other charge, upon filing proof that the owner has claimed the property from the holder. (d) The administrator may accept the holder's affidavit as sufficient proof of the facts that entitle the holder to recover money and property under this section. (e) If the holder pays or delivers property to the administrator in good faith and thereafter another person claims the property from the holder or another state claims the money or property under its laws relating to escheat or abandoned or unclaimed property, the administrator, upon written notice of the claim, shall defend the holder against the claim and indemnify the holder against any liability on the claim. (f) For the purposes of this section, "good faith" means that: (i) Payment or delivery was made in a reasonable attempt to comply with this act; (ii) The person delivering the property was not a fiduciary then in breach of trust in respect to the property and had a reasonable basis for believing, based on the facts then known to that person, that the property was abandoned for the purposes of this act; and (iii) There is no showing that the records pursuant to which the delivery was made did not meet reasonable commercial standards of practice in the industry. (g) Property removed from a safe deposit box or other safekeeping repository is received by the administrator subject to the holder's right under this subsection to be reimbursed for the actual cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent, storage, or any other charges that are reasonable and related. 34-24-122. Amount recoverable by owner. Whenever property is paid or delivered to the administrator under this act, the owner is entitled to receive from the administrator the principal amount turned over to the state. 34-24-123. Public sale of abandoned property.  (a) Except as provided in subsections (b) and (c) of this section, the administrator, within three (3) years after the receipt of abandoned property, shall sell it to the highest bidder at public sale in whatever city in the state affords in the judgment of the administrator the most favorable market for the property involved. The administrator may decline the highest bid and reoffer the property for sale if in the judgment of the administrator the bid is insufficient. If in the judgment of the administrator the probable cost of sale exceeds the value of the property, it need not be offered for sale. Any sale held under this section shall be preceded by a single publication of notice, at least three (3) weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold. (b) Securities listed on an established stock exchange shall be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable. (c) Unless the administrator considers it to be in the best interest of the state to do otherwise, all securities, other than those deemed abandoned under W.S. 34-24-111, delivered to the administrator shall be held for at least one (1) year before he may sell them. (d) Unless the administrator considers it to be in the best interest of the state to do otherwise, all securities deemed abandoned under W.S. 34-24-111 and delivered to the administrator shall be held for at least three (3) years before the administrator may sell them. If the administrator sells any securities delivered pursuant to W.S. 34-24-111 before the expiration of the three (3) year period, any person making a claim pursuant to this act before the end of the three (3) year period is entitled to either the proceeds of the sale of the securities or the market value of the securities at the time the claim is made, whichever amount is greater. A person making a claim under this act after the expiration of this period is entitled to receive either the securities delivered to the administrator by the holder, if they still remain in the hands of the administrator, or the proceeds received from sale, but no person has any claim under this act against the state, the holder, any transfer agent, registrar or other person acting for or on behalf of a holder for any appreciation in the value of the property occurring after delivery by the holder to the administrator.  (e) The purchaser of property at any sale conducted by the administrator pursuant to this act takes the property free of all claims of the owner or previous holder thereof and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership. 34-24-124. Deposit of funds; investment of funds; loans; immunity from liability. (a) Except as otherwise provided by this section, the administrator shall promptly deposit in the unclaimed property account all funds received under this act, including the proceeds from the sale of abandoned property under W.S. 34-24- 123. Before making the deposit, the administrator shall record the name and last known address of each person appearing from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary and with respect to each policy or contract listed in the report of an insurance company its number, the name of the company and the amount due. The claimant's name and last known address shall be available for public inspection at all reasonable business hours. (b) The administrator or his designee shall invest the funds in the unclaimed property account created by subsection (a) of this section as authorized by law in a manner to obtain the highest net return possible consistent with the purposes of this act. Investment earnings from the account shall be deposited into the unclaimed property investment earnings account. There is continuously appropriated to the administrator from the unclaimed property investment earnings account an amount equal to the administrator's expenses in carrying out this act. Annually after the end of each fiscal year the administrator shall deposit in the general fund investment earnings earned on the unclaimed property account which exceed the amount necessary to administer this act for the fiscal year and which exceeds the amount equal to one hundred percent (100%) of the immediately prior biennium's appropriation for the unclaimed property division. (c) An action or proceeding shall not be commenced against the state, the administrator or his designee because of an act of the administrator under this section involving the investment of unclaimed property funds.  34-24-125. Filing of claim with administrator. (a) A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file with the administrator a claim on a form prescribed by the administrator and verified by the claimant. (b) The administrator shall consider each claim within ninety (90) days after it is filed and give written notice to the claimant if the claim is denied in whole or in part. The notice may be given by mailing it to the last address, if any, stated in the claim as the address to which notices are to be sent. If no address for notices is stated in the claim, the notice may be mailed to the last address, if any, of the claimant as stated in the claim. No notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant. (c) If a claim is allowed, the administrator shall pay over to the claimant the monies received from the holder, or the net proceeds if property has been sold by the administrator, together with any additional amount required by W.S. 34-24-122. If the claim is for property deemed abandoned under W.S. 34-24-111 which was sold by the administrator within three (3) years after the date of delivery, the amount payable for that claim is the value of the property at the time the claim was made or the net proceeds of sale, whichever is greater. 34-24-126. Claim of another state to recover property; procedure. (a) At any time after property has been paid or delivered to the administrator under this act another state may recover the property if: (i) The property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was deemed abandoned under this act, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state; (ii) The last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state; (iii) The records of the holder were erroneous in that they did not accurately reflect the actual owner of the property and the last known address of the actual owner is in the other state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state; (iv) The property was subjected to custody by this state under W.S. 34-24-104(a)(vi) and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state; or (v) The property is the sum payable on a traveler's check, money order or other similar instrument that was subjected to custody by this state under W.S. 34-24-105, and the instrument was purchased in the other state and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state. (b) The claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the administrator, who shall decide the claim within ninety (90) days after it is presented. The administrator shall allow the claim if he determines that the other state is entitled to the abandoned property under subsection (a) of this section. (c) The administrator shall require a state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim for the property. 34-24-127. Action to establish claim. A person aggrieved by a decision of the administrator or whose claim has not been acted upon within ninety (90) days after its filing may bring an action to establish the claim in the district court of the county where the claimant resides or in the district court of Laramie county, naming the administrator as a defendant. The action shall be brought within ninety (90) days after the decision of the administrator or within one hundred eighty (180) days after the filing of the claim if he has failed to act on it. 34-24-128. Delivery prior to abandonment. A holder, with the written consent of the administrator and upon conditions and terms prescribed by him, may report and deliver property before the property is deemed abandoned. Property delivered under this subsection shall be held by the administrator and is not deemed abandoned until such time as it otherwise would be deemed abandoned under this act. 34-24-129. Destruction or disposition of property having insubstantial commercial value; immunity from liability. If the administrator determines after investigation that any property delivered under this act has insubstantial commercial value, the administrator may destroy or otherwise dispose of the property after five (5) years in accordance with rules and regulations promulgated by the administrator. No action or proceeding may be maintained against the state or any officer or against the holder for or on account of any action taken by the administrator pursuant to this section. The administrator shall keep a public record of all such property, identifying the property and the date and nature of the disposition. 34-24-130. Periods of limitation. (a) The expiration, before or after the effective date of this act, of any period of time specified by contract, statute or court order, during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being deemed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required by this act. (b) No action or proceeding may be commenced by the administrator against any holder concerning any provision of this act more than ten (10) years after the holder either specifically reported the property, or gave notice of a dispute regarding the property, to the administrator. 34-24-131. Examination of records. (a) If an examination of the records of a person results in the disclosure of property reportable and deliverable under this act, the administrator may assess the cost of the examination against the holder at the rate of one hundred dollars ($100.00) a day for each examiner, but in no case may the charges exceed the value of the property found to be reportable and deliverable. The cost of examination may be imposed only against a business association. (b) If a holder fails after the effective date of this act to maintain the records required by W.S. 34-24-132 and the records of the holder available for the periods subject to this act are insufficient to permit the preparation of a report, the administrator may require the holder to report and pay such amounts as may reasonably be estimated from any available records. 34-24-132. Retention of records. (a) Every holder required to file a report under W.S. 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 34-27-107. 34-27-103. Declaration of wind energy rights. (a) Wind energy rights shall be regarded as an interest in real property and appurtenant to the surface estate.  (b) Wind energy rights shall not be severed from the surface estate, except that wind energy may be developed pursuant to a wind energy agreement. (c) A wind energy agreement is an interest in real property. A wind energy agreement or a notice or memorandum evidencing a wind energy agreement shall: (i) Be recorded in the office of the county clerk where the land subject to the agreement is located; and (ii) Shall include a description of the land subject to the agreement. (d) After a wind energy agreement has terminated, the surface owner may request the wind energy developer to record a release of the wind energy agreement in the office of the county clerk where the land subject to the wind energy agreement is located. The request shall be in writing and delivered to the wind energy developer by personal service or registered mail at the wind energy developer's last known address. The wind energy developer shall record the release within twenty (20) days after receipt of the request. If the wind energy developer fails to record the release within twenty (20) days after the receipt of the request, the wind energy developer shall be liable to the surface owner for all damages caused by the wind energy developer's failure. A copy of the written request shall have the same force and effect as the original in an action for damages. (e) Wind energy becomes personalty at the point of conversion into electricity. (f) Nothing in this act shall alter, amend, diminish or invalidate wind energy agreements or conveyances made or entered into prior to April 1, 2011 provided that a contract, lease, memorandum or other notice evidencing the acquisition, conveyance or reservation of the wind energy rights is recorded in accordance with subsection (c) of this section no later than July 1, 2011. 34-27-104. Dominance of mineral estate. Nothing in this act shall be construed to change the common law as of April 1, 2011 as it relates to the rights belonging to, or the dominance of, the mineral estate.  34-27-105. Compensation for taking of wind or solar energy rights. Nothing in this act diminishes the right of the owner of the surface estate to receive compensation under W.S. 1-26-701 through 1-26-715 for the taking of wind or solar energy rights incidental to the exercise of eminent domain. 34-27-106. No restriction on transfer of wind energy agreement. Nothing in this act shall be construed to restrict the transfer of a wind energy agreement, including the transfer of the surface owner's right to receive payments under the wind energy agreement. 34-27-107. Reversion of easements. Unless otherwise agreed between the surface owner and wind energy developer, all easement interests acquired after April 1, 2011 for the purpose of producing wind energy shall revert to the owner of the surface estate if wind energy production has ceased for a continuous period of ten (10) years or if the generation of electricity by a turbine has not commenced within twenty (20) years after the execution of a wind energy agreement. Reversion of an interest under this section does not transfer any obligation to restore or reclaim the surface estate. CHAPTER 28 - PRIVATE TRANSFER FEES 34-28-101. Definitions. (a) As used in this chapter: (i) "Transfer" means the sale, gift, conveyance, assignment, inheritance or other transfer of an ownership interest in real property located in this state; (ii) "Private transfer fee" means a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept the transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price or other consideration given for the transfer. "Private transfer fee" shall not include the following:  (A) Any consideration payable by the grantee to the grantor for the interest, in real property being transferred, including any subsequent additional consideration for the property payable by the grantee based upon any subsequent appreciation, development, lease or sale of the separate mineral estate and its appurtenant surface access rights; (B) Any consideration payable by the grantee to the grantor for the interest in real property, other than a mineral estate and its appurtenant surface access rights, being transferred, including any subsequent additional consideration for the property payable by the grantee based upon any subsequent appreciation, development or sale of the property, provided the additional consideration is payable on a one (1) time basis only and the obligation to make the payment does not bind successors in title to the property; (C) Any commission payable to a licensed real estate broker for the transfer of real property pursuant to an agreement between the broker and the grantor or the grantee, including any subsequent additional commission for that transfer payable by the grantor or the grantee based upon any subsequent appreciation, development or sale of the property; (D) Any interest, charges, fees or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property, including, but not limited to, any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to the lender for estoppel letters or certificates and any other consideration allowed by law and payable to the lender in connection with the loan; (E) Any rent, reimbursement, charge, fee or other amount payable by a lessee to a lessor under a lease, including, but not limited to, any fee payable to the lessor for consenting to an assignment, subletting, encumbrance or transfer of the lease; (F) Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing or not exercising the option or right upon the transfer of the property to another person;  (G) Any tax, fee, charge, assessment, fine or other amount payable to or imposed by a governmental authority; (H) Any fee, charge, assessment, fine or other amount payable to a homeowners', condominium, cooperative, mobile home or property owners' association or to a nonprofit land trust pursuant to a declaration or covenant or law applicable to the association or nonprofit land trust; (J) Any fee, charge, assessment, dues, contribution or other amount pertaining to the purchase or transfer of a club membership relating to real property owned by the member, including, but not limited to, any amount determined by reference to the value, purchase price or other consideration given for the transfer of the real property; (K) Any fee, charge, assessment, contribution or other amount imposed by the holder of a recorded conservation easement that is designated to compensate the holder for the cost of ensuring compliance with the terms of the easement. The fee, charge, assessment, contribution or other amount may be determined by reference to the value, purchase price or other consideration given for the transfer of the real property. (iii) "Private transfer fee obligation" means an obligation arising under a declaration or covenant purporting to affect real property that requires or purports to require the payment of a private transfer fee to the declarant or other person specified in the declaration, covenant or agreement, or to their successors or assigns, upon a subsequent transfer of an interest in the real property. 34-28-102. Prohibition. A private transfer fee obligation recorded or entered into in this state on or after April 1, 2012 does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser or mortgagee of any interest in real property as an equitable servitude or otherwise. 34-28-103. Recording of existing private transfer fee obligations; jurisdictions; affidavit of payment; exemption of mineral rights. (a) The payee of a private transfer fee obligation imposed prior to April 1, 2012 or an obligation under W.S. 34-28-101(a)(ii)(H) shall record a notice of private transfer fee obligation in the office of the clerk for each county in which the real property is located. The notice recorded shall meet the following requirements and contain: (i) A clearly identified disclosure of the existence and amount of the private transfer fee obligation; (ii) A description of the type and nature of the private transfer fee obligation; (iii) A description of the type and nature of any penalty which may be incurred as a result of failure to pay the private transfer fee obligation; (iv) A legal description of the real property; and (v) The name and address of the payee. A notice filed under this subsection shall be amended upon change of the name or address of the payee. (b) No court in the state of Wyoming shall have jurisdiction to enforce a private transfer fee obligation which is not recorded as required by subsection (a) of this section against a bona fide purchaser who receives title to the property after April 1, 2012. (c) Filing of an affidavit by a grantor with the clerk for each county in which the real property is located stating that payment in full of any private transfer fee obligation was sent by certified mail to the payee at the address listed in the document recorded under subsection (a) of this section is prima facie evidence of satisfaction of the obligation. (d) Nothing in this chapter shall apply to: (i) A transfer of mineral rights, interests and obligations; (ii) The transfer of any surface right appurtenant to a mineral right, interest or obligation which has been severed from the surface estate. CHAPTER 29 - DIGITAL ASSETS ARTICLE 1 - IN GENERAL  34-29-101. Definitions. (a) As used in this chapter: (i) "Digital asset" means a representation of economic, proprietary or access rights that is stored in a computer readable format and is either a digital consumer asset, digital security or virtual currency; (ii) "Digital consumer asset" means a digital asset that is used or bought primarily for consumptive, personal or household purposes and includes: (A) An open blockchain token constituting intangible personal property as otherwise provided by law; (B) Any other digital asset which does not fall within paragraphs (iii) and (iv) of this subsection. (iii) "Digital security" means a digital asset which constitutes a security, as defined in W.S. 17-4-102(a)(xxviii), but shall exclude digital consumer assets and virtual currency; (iv) "Virtual currency" means a digital asset that is: (A) Used as a medium of exchange, unit of account or store of value; and (B) Not recognized as legal tender by the United States government. (v) "Private key" means a unique element of cryptographic data, or any substantially similar analogue, which is: (A) Held by a person; (B) Paired with a unique, publicly available element of cryptographic data; and (C) Associated with an algorithm that is necessary to carry out an encryption or decryption required to execute a transaction. (b) The terms in paragraphs (a)(ii) through (iv) of this section are mutually exclusive.  34-29-102. Classification of digital assets as property; applicability to Uniform Commercial Code; application of other law. (a) Digital assets are classified in the following manner: (i) Digital consumer assets are intangible personal property and shall be considered general intangibles, as defined in W.S. 34.1-9-102(a)(xlii), only for the purposes of article 9 of the Uniform Commercial Code, title 34.1, Wyoming statutes; (ii) Digital securities are intangible personal property and shall be considered securities, as defined in W.S. 34.1-8-102(a)(xv), and investment property, as defined in W.S. 34.1-9-102(a)(xlix), only for the purposes of articles 8 and 9 of the Uniform Commercial Code, title 34.1, Wyoming statutes; (iii) Virtual currency is intangible personal property and shall be considered money, notwithstanding W.S. 34.1-1-201(b)(xxiv), only for the purposes of article 9 of the Uniform Commercial Code, title 34.1, Wyoming statutes. (b) Consistent with W.S. 34.1-8-102(a)(ix), a digital asset may be treated as a financial asset under that paragraph, pursuant to an agreement with the owner of the digital asset. If treated as a financial asset, the digital asset shall remain intangible personal property. (c) A bank providing custodial services under W.S. 34-29- 104 shall be considered to meet the requirements of W.S. 34.1-8- 102(a)(xiv). (d) Classification of digital assets under this section shall be construed in a manner to give the greatest effect to this chapter, but shall not be construed to apply to any other asset. (e) This chapter shall be considered a consumer protection statute for the purposes of W.S. 34.1-9-201(b). 34-29-103. Perfection of security interests in digital assets; control; possession; security agreements; location. (a) Notwithstanding the financing statement requirement specified by W.S. 34.1-9-310(a) as otherwise applied to general intangibles or any other provision of law, perfection of a security interest in virtual currency may be achieved through possession and perfection of a security interest in digital securities may be achieved by control. A security interest held by a secured party having possession or control, as applicable, of virtual currency or digital securities has priority over a security interest held by a secured party that does not have possession or control, as applicable. Other provisions of law relating to perfection and priority of security interests, including W.S. 34.1-9-322(c) and priority of control over delivery, shall apply, except that W.S. 34.1-9-322(a)(i) and (b) shall not apply. W.S. 34.1-9-207 shall apply to this section. (b) Before a secured party may take possession or control under this section, the secured party shall enter into a security agreement with the debtor and, as necessary, other parties. The security agreement may set forth the terms under which a secured party may pledge its security interest as collateral for another transaction. Consistent with W.S. 34.1-9- 201(a), the security agreement shall be effective according to its terms between parties, against purchasers of collateral and against creditors. (c) If a debtor is located in Wyoming, a secured party may file a financing statement with the secretary of state to perfect a security interest in digital consumer assets or digital securities, including to perfect a security interest in proceeds pursuant to W.S. 34.1-9-315(d). (d) Notwithstanding any other provision of law, including article 9 of the Uniform Commercial Code, title 34.1, Wyoming statutes, a transferee takes a digital asset free of any security interest two (2) years after the transferee takes the asset for value and does not have actual notice of an adverse claim at any time during the two (2) year period. This subsection only applies to a security interest perfected by filing. (e) As used in this section: (i) "Control," when used in article 9, title 34.1, Wyoming statutes and this section, consistent with W.S. 34.1-9- 314, includes the following: (A) A secured party, or an agent, custodian, fiduciary or trustee of the party, has complied with W.S. 34.1- 8-106, including by means of a private key or the use of a multi-signature arrangement exclusive to the secured party or any substantially similar analogue; (B) Use of a smart contract created by a secured party to comply with W.S. 34.1-8-106. As used in this subparagraph, "smart contract" means an automated transaction, as defined in W.S. 40-21-102(a)(ii), or any substantially similar analogue, which is comprised of code, script or programming language that executes the terms of an agreement, and which may include taking custody of and transferring an asset, or issuing executable instructions for these actions, based on the occurrence or nonoccurrence of specified conditions. (ii) "Multi-signature arrangement" means a system of access control relating to a digital asset for the purposes of preventing unauthorized transactions relating to the asset, in which two (2) or more private keys are required to conduct a transaction, or any substantially similar analogue; (iii) Repealed by Laws 2023, ch. 66, § 3. (iv) "Possession," when used in article 9, title 34.1, Wyoming statutes and this section, consistent with 34.1-9- 313, means the ability to exclude others from the use of property, and includes use of a private key, a multi-signature arrangement exclusive to the secured party or a smart contract, as defined in this subsection, or any substantially similar analogue. "Possession" shall also include delivery of certificated digital securities, consistent with W.S. 34.1-8- 301(a). (f) Perfection by possession creates a possessory security interest under W.S. 34.1-9-301(a)(ii) in virtual currency or certificated digital securities, based on the possessory nature of a private key or any substantially similar analogue, which may be tangible or electronic. (g) For purposes of article 9, title 34.1 and this section, if collateral is required to be "located in a jurisdiction," a digital asset is located in Wyoming if the asset is possessed or controlled by a Wyoming bank, trust company or other custodian, the debtor or secured party is physically located in Wyoming or the debtor or secured party is incorporated or organized in Wyoming, based on the following factors:  (i) Whether a security agreement typically accompanying a possessory security interest or other secured transaction exists, consistent with W.S. 34.1-9-201(a), including an agreement describing the possessory nature of a private key or any substantially similar analogue; (ii) Choice of law in a security agreement, evidencing the intent and understanding of the parties relating to a transaction, including waivers of litigation in jurisdictions other than Wyoming, access to the Wyoming chancery court and judicial economy; and (iii) The relative clarity of the laws of other jurisdictions relating to a digital asset, consequences relating to unknown liens in those jurisdictions and the ability of a court to exercise jurisdiction over a particular digital asset. 34-29-104. Digital asset custodial services. (a) A bank may provide custodial services for digital assets consistent with this section upon providing sixty (60) days written notice to the commissioner. If a bank elects to provide custodial services for digital assets, it shall comply with all provisions of this section. (b) A bank may serve as a qualified custodian, as specified by the United States securities and exchange commission in 17 C.F.R. § 275.206(4)-2, or as a custodian authorized by the United States commodity futures trading commission or other law. In performing custodial services under this section, a bank shall: (i) Implement all accounting, account statement, internal control, notice and other standards specified by applicable state or federal law and rules for custodial services; (ii) Maintain information technology best practices relating to digital assets held in custody. The commissioner may specify required best practices by rule; (iii) Fully comply with applicable federal anti-money laundering, customer identification and beneficial ownership requirements; and (iv) Take other actions necessary to carry out this section, which may include exercising fiduciary powers similar to those permitted to national banks and ensuring compliance with federal law governing digital assets classified as commodities. (c) A bank providing custodial services shall conform to the audit, accounting and related requirements specified by the commissioner and applicable law, which may include entering into an agreement with an independent public accountant to conduct an examination conforming to the requirements of 17 C.F.R. § 275.206(4)-2(a)(4) and (6), at the cost of the bank. An accountant shall transmit the results of any examination to the commissioner within one hundred twenty (120) days of the examination and may file the results with other regulatory agencies as their rules may provide. Material discrepancies in an examination shall be reported to the commissioner within one (1) day. The commissioner shall review examination results upon receipt within a reasonable time and during any regular examination conducted under W.S. 13-3-702. (d) Digital assets held in custody under this section are not liabilities or assets of the bank. A bank, or a subsidiary, may register as an investment adviser, investment company or broker dealer as necessary. A bank shall maintain possession or control, as applicable, over a digital asset while in custody. A customer shall elect, pursuant to a written agreement with the bank, one (1) of the following relationships for each digital asset held in custody: (i) Custody under a bailment as a nonfungible or fungible asset. Assets held under this paragraph shall be strictly segregated from other assets; or (ii) Custody pursuant to subsection (e) of this section. (e) If a customer makes an election under paragraph (d)(ii) of this section, the bank may, based only on customer instructions, undertake transactions with the digital asset. A bank is deemed to maintain possession or control pursuant to subsection (d) of this section by entering into an agreement with the counterparty to a transaction which contains a time for return of the asset and other customary terms in securities or commodities transactions. The bank shall not be liable for any loss suffered with respect to a transaction under this subsection, except for liability consistent with fiduciary and trust powers.  (f) A bank and a customer shall agree in writing regarding the source code version the bank will use for each digital asset, and the treatment of each asset under the Uniform Commercial Code, title 34.1, Wyoming statutes if necessary. Any ambiguity under this subsection shall be resolved in favor of the customer. (g) A bank shall provide clear, written notice to each customer, and require written acknowledgement, of the following: (i) Prior to the implementation of any updates, material source code updates relating to digital assets held in custody, except in emergencies which may include security vulnerabilities; (ii) The heightened risk of loss from transactions under subsection (e) of this section; (iii) That some risk of loss as a pro rata creditor exists as the result of custody as a fungible asset or custody under paragraph (d)(ii) of this section; (iv) That custody under paragraph (d)(ii) of this section may not result in the digital assets of the customer being strictly segregated from other customer assets; and (v) That the bank is not liable for losses suffered under subsection (e) of this section, except for liability consistent with fiduciary and trust powers. (h) A bank and a customer shall agree in writing to a time period within which the bank must return a digital asset held in custody under this section. If a customer makes an election under paragraph (d)(ii) of this section, the bank and the customer may also agree in writing to the form in which the digital asset shall be returned. (j) All ancillary or subsidiary proceeds relating to digital assets held in custody under this section shall accrue to the benefit of the customer, except as specified by a written agreement with the customer. The bank may elect not to collect certain ancillary or subsidiary proceeds, as long as the election is disclosed in writing. A customer who makes an election under paragraph (d)(i) of this section may withdraw the digital asset in a form that permits the collection of the ancillary or subsidiary proceeds.  (k) A bank shall not authorize or permit rehypothecation of digital assets under this section. The bank shall not engage in any activity to use or exercise discretionary authority relating to a digital asset except based on customer instructions. (m) A bank shall not take any action under this section which would likely impair the solvency or the safety and soundness of the bank, as determined by the commissioner after considering the nature of custodial services customary in the banking industry. (n) Repealed by Laws 2025, ch. 150, § 3. (o) The commissioner may adopt rules to implement this section. (p) A bank may provide custodial services for stablecoin reserves, provided those custodial services are consistent with this section and the rules and regulations of the commissioner. (q) A supervised trust company that is chartered in this state may provide all the services provided in this section if it complies with the provisions of this section and the rules and regulations of the commissioner. (r) As used in this section: (i) "Bank" has the meaning ascribed to it in W.S. 13- 1-101(a)(i); (ii) "Commissioner" means the banking commissioner; (iii) "Custodial services" means the safekeeping, servicing and management of customer currency and digital assets. This term includes the exercise of fiduciary and trust powers involving the exercise of discretion, including transactions under subsection (e) of this section. 34-29-105. Jurisdiction of courts. Subject to other jurisdictional limits placed on specific courts by Wyoming law, the courts of Wyoming shall have jurisdiction to hear claims in both law and equity relating to digital assets, including those arising from this chapter and the Uniform Commercial Code, title 34.1, Wyoming statutes.  34-29-106. Wyoming Utility Token Act; open blockchain tokens classified as intangible personal property; characteristics; filing requirements; fee; enforcement authority; definitions; virtual currency. (a) This section may be cited as the "Wyoming Utility Token Act." (b) An open blockchain token with the following characteristics constitutes intangible personal property: (i) The predominant purpose of the token is consumptive, as defined in paragraph (g)(ii) of this section; (ii) The developer or seller did not market the token to the initial buyer as a financial investment, as defined in paragraph (g)(v) of this section; and (iii) At least one (1) of the following subparagraphs is satisfied: (A) The developer or seller reasonably believed that it sold the token to the initial buyer for a consumptive purpose; (B) The token has a consumptive purpose that is available at or near the time of sale and can be used at or near the time of sale for a consumptive purpose; (C) The initial buyer of the token is prohibited by the developer or seller of the token from reselling the token until the token is available to be used for a consumptive purpose; (D) The developer or seller takes other reasonable precautions to prevent an initial buyer from purchasing the token as a financial investment. (c) Before making an open blockchain token under subsection (b) of this section available for sale, the developer or seller of a token, or the registered agent of the developer or seller, shall electronically file a notice of intent with the secretary of state and pay a filing fee of one thousand dollars ($1,000.00) to offset the costs of administering this section. The notice of intent shall contain the name of the person acting as a developer or seller, the contact information of the person, or the registered agent of the person and comprehensive details on the open blockchain token under subsection (b) of this section made available for sale, as required by the secretary of state. A form shall be made available by the secretary of state for this purpose, which shall include a secure electronic form conspicuously posted on the internet website of the secretary of state. A developer, seller and the registered agent of these persons, if applicable, shall have a continuing duty to update the contact information provided on a notice of intent as long as the open blockchain token associated with the notice is actively being sold. (d) A facilitator shall comply with the following requirements: (i) A facilitator shall, before making any token available for resale to the public, confirm with the secretary of state that a notice of intent has been filed pursuant to subsection (c) of this section; (ii) A facilitator shall, at all times, have a reasonable and good faith belief that a token subject to resale conforms to the requirements of paragraphs (b)(i) through (iii) of this section; and (iii) The facilitator shall take reasonably prompt action to terminate the resale of a token which does not conform to the requirements of this subsection. (e) A willful failure by a developer, seller or facilitator to comply with the duties imposed by this section shall constitute an unlawful trade practice under W.S. 40-12- 105(a)(xvii). A developer, seller or facilitator is subject to all applicable criminal statutes, including the fraud provisions of W.S. 6-3-601 through 6-3-615. (f) The secretary of state may refer the following to appropriate state or federal agencies for investigation, criminal prosecution, civil penalties and other appropriate enforcement actions: (i) Suspected violations of this section; (ii) The developer, seller or facilitator of either an open blockchain token which conforms to the requirements of this section or another digital asset which substantially resembles an open blockchain token, but which, in the determination of the secretary of state, is being sold for financial investment or fraudulent purposes. (g) As used in this section: (i) "Blockchain" means a digital ledger or database which is chronological, consensus-based, decentralized and mathematically verified in nature; (ii) "Consumptive" means a circumstance when a token is exchangeable for, or provided for the receipt of, services, software, content or real or tangible personal property, including rights of access to services, content or real or tangible personal property; (iii) "Developer" means the person primarily responsible for creating an open blockchain token or otherwise designing the token, including by executing the technological processes necessary to create the token; (iv) "Facilitator" means a person who, as a business, makes open blockchain tokens under subsection (b) of this section available for resale to the public after a token has been purchased by an initial buyer; (v) "Financial investment" means a contract, transaction or arrangement where a person invests money in a common enterprise and is led to expect profits solely from the efforts of a promoter or a third party; (vi) Except as otherwise provided in subsection (h) of this section, "open blockchain token" means a digital unit which is: (A) Created: (I) In response to the verification or collection of a specified number of transactions relating to a digital ledger or database; (II) By deploying computer code to a digital ledger or database, which may include a blockchain, that allows for the creation of digital tokens or other units; or (III) Using a combination of the methods specified in subdivisions (I) and (II) of this subparagraph.  (B) Recorded to a digital ledger or database, which may include a blockchain; and (C) Capable of being traded or transferred between persons without an intermediary or custodian of value. (vii) "Seller" means a person who makes an open blockchain token available for purchase to an initial buyer. (h) Virtual currency or a digital security, as defined in subsection (a) of this section, shall not constitute an open blockchain token. 34-29-107. Production of private keys; prohibition. (a) No person shall be compelled to produce a private key or make a private key known to any other person in any civil, criminal, administrative, legislative or other proceeding in this state that relates to a digital asset, digital identity or other interest or right to which the private key provides access unless a public key is unavailable or unable to disclose the requisite information with respect to the digital asset, digital identity or other interest or right. (b) This section shall not be interpreted to prohibit any lawful proceeding that compels a person to produce, sell, transfer, convey or disclose a digital asset, digital identity or other interest or right to which a private key provides access, or to disclose information about the digital asset, digital identity or other interest or right, provided that the person is not required to produce or disclose the private key except as otherwise required by subsection (a) of this section. ARTICLE 2 - REGISTERED DIGITAL ASSETS 34-29-201. Definitions. (a) For purposes of this article: (i) "Secretary" means the secretary of state. 34-29-202. Registered digital assets; limitations; certificate. (a) The lawful owner of any digital asset or the lawful owner's agent may register the digital asset with the secretary in accordance with this article. Digital assets registered with the secretary shall be deemed to be located within the state for purposes of all laws and regulations of this state, or any applicable federal laws not in conflict with this article, which may impact ownership rights of the digital asset or require transfer of the digital asset. (b) Following approval of an application for registration of a digital asset, the secretary shall provide a registration certificate cryptographically signed by the secretary for each registered digital asset that may be attached to or otherwise associated with the digital asset. (c) Nothing in this article shall be construed to confer any ownership, property or other rights related to digital assets beyond those specifically granted in this article. 34-29-203. Application for registration; filing fee; limitations. (a) Subject to the limitations set forth in this article, any person may submit an application to the secretary in the form and containing information as prescribed by the secretary, for registration of a digital asset. The application shall contain, at minimum, the following information: (i) The name and address of the person applying for registration; (ii) The nature of the digital asset and sufficient information to identify the digital asset; (iii) A statement that the applicant is the lawful owner of the digital asset or the lawful owner's agent and that to the knowledge of the applicant no other person has a current, valid registration of the digital asset either in this state or in any other jurisdiction; (iv) Cryptographic proof that the lawful owner has control of the digital asset at the time of application. (b) The application shall be signed and verified by oath, affirmation or declaration subject to perjury laws by the applicant. (c) The application for registration shall be accompanied by a registration fee set in accordance with W.S. 34-29-209, which registration fee shall not exceed five hundred dollars ($500.00) and shall be payable to the secretary. (d) The applicant shall be: (i) A resident of the state of Wyoming if the applicant is a natural person; (ii) Incorporated or organized in the state of Wyoming if the applicant is a business entity. 34-29-204. Examination of application; amendment of application. (a) Upon the filing of a complete application for registration and payment of the registration fee, the application shall be deemed approved and the digital asset registered pursuant to this article unless the secretary, at his discretion, causes the application to be examined for conformity with this article subject to the following: (i) The applicant shall provide any additional information requested by the secretary and may make or authorize the secretary to make necessary amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection to the application; (ii) The secretary may revise the application with agreement of the applicant or may require the applicant to submit a revised application; (iii) If the applicant is found not to meet the registration requirements, the secretary shall advise the applicant of the reasons. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall be reexamined. This procedure may be repeated until: (A) The secretary finally refuses registration of the digital asset; or (B) The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned. 34-29-205. Term of registration; renewals.  (a) Registration of a digital asset is effective for a term of five (5) years from the date of registration. Upon application filed within six (6) months prior to the expiration of the registration term and in a manner complying with the requirements of the secretary, the registration may be renewed for a term of five (5) years from the end of the expiring term. The renewal fee shall be set in accordance with W.S. 34-29-209, but shall not exceed two hundred fifty dollars ($250.00) and shall be submitted with the application for renewal of the registration. (b) A digital asset registration may be renewed for successive periods of five (5) years under this section. 34-29-206. Public record of digital assets. The secretary shall keep for public examination a record of all registered digital assets under this article. 34-29-207. Cancellation of registration. (a) A digital asset shall no longer be deemed registered and the secretary shall cancel from the register: (i) Any registration upon a voluntary request for cancellation thereof from the lawful owner of the digital asset or his agent and payment of a fee set in accordance with W.S. 34-29-209, but not to exceed thirty dollars ($30.00); (ii) Any registration that is not renewed under this article; (iii) Any registration if a court of competent jurisdiction finds: (A) That the registration was granted improperly; (B) That the registration was obtained fraudulently. (iv) Any registration when a court of competent jurisdiction orders cancellation of a registration on any ground.  34-29-208. False or fraudulent representations or declarations; liability for damages sustained. Any person who for himself, or on behalf of any other person, files or registers any digital asset in the office of the secretary under the provisions of this article by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other means, shall be liable to pay all damages sustained in consequence of the filing or registration, to be recovered by or on behalf of the injured party in any court of competent jurisdiction. 34-29-209. Powers of secretary of state; filing and other fees. (a) The secretary has all powers reasonably necessary to perform the duties required by this article including the promulgation of rules and regulations necessary to carry out the purposes of this article. (b) The secretary shall set and collect registration, service and copying fees to recover the costs of providing these services and administering this act. Fees shall not exceed the costs of providing these services and administering this act. CHAPTER 30 - UNIFORM MORTGAGE MODIFICATION ACT 34-30-101. Short title. This act may be cited as the Uniform Mortgage Modification Act. 34-30-102. Definitions. (a) As used in this act: (i) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities; (ii) "Financial covenant" means an undertaking to demonstrate an obligor's creditworthiness or the adequacy of security provided by an obligor; (iii) "Modification" includes a change, amendment, revision, correction, addition, supplementation, elimination, waiver or restatement;  (iv) "Mortgage": (A) Means an agreement that creates a consensual interest in real property to secure payment or performance of an obligation, regardless of: (I) How the agreement is denominated, including a mortgage, deed of trust, trust deed, security deed, indenture or deed to secure debt; and (II) Whether the agreement also creates a security interest in personal property. (B) Does not include an agreement that creates a consensual interest to secure liability owned by a unit owner to a condominium association, owners' association or cooperative housing association for association dues, fees or assessments. (v) "Mortgage modification" means modification of: (A) A mortgage; (B) An agreement that creates an obligation, including a promissory note, loan agreement or credit agreement; or (C) An agreement that creates other security or credit enhancement for an obligation, including an assignment of leases or rents or a guaranty. (vi) "Obligation" means a debt, duty or other liability, secured by a mortgage; (vii) "Obligor" means a person that: (A) Owes payment or performance of an obligation; (B) Signs a mortgage; or (C) Is otherwise accountable, or whose property serves as collateral, for payment or performance of an obligation. (viii) "Recognized index" means an index to which changes in the interest rate may be linked that is:  (A) Readily available to, and verifiable by, the obligor; and (B) Beyond the control of the person to whom the obligation is owed. (ix) "Record", used as a noun, means information: (A) Inscribed on a tangible medium; or (B) Stored in an electronic or other medium and retrievable in perceivable form. (x) "Sign" means, with present intent to authenticate or adopt a record: (A) Execute or adopt a tangible symbol; or (B) Attach to or logically associate with the record an electronic symbol, sound or process. (xi) "This act" means W.S. 34-30-101 through 34-30- 107. 34-30-103. Scope. (a) Except as provided in subsection (c) of this section, this act applies to a mortgage modification. (b) This act does not affect: (i) Law governing the required content of a mortgage; (ii) A statute of limitations or other law governing the expiration or termination of a right to enforce an obligation or a mortgage; (iii) A recording statute; (iv) A statute governing the priority of a tax lien or other governmental lien; (v) A statute of frauds or the Uniform Electronic Transactions Act; (vi) Except as provided in W.S. 34-30-104(b)(viii), law governing the priority of a future advance.  (c) This act does not apply to any of the following modifications: (i) A release of, or addition to, property encumbered by a mortgage; (ii) A release of, addition of, or other change in an obligor; or (iii) An assignment or other transfer of a mortgage or an obligation. 34-30-104. Effect of mortgage modification. (a) For a mortgage modification described in subsection (b) of this section: (i) The mortgage continues to secure the obligation as modified; (ii) The priority of the mortgage is not affected by the modification; (iii) The mortgage retains its priority regardless of whether a record of the mortgage modification is recorded; and (iv) The modification is not a novation. (b) Subsection (a) of this section applies to one (1) or more of the following mortgage modifications: (i) An extension of the maturity date of an obligation; (ii) A decrease in the interest rate of an obligation; (iii) If the modification does not result in an increase in the interest rate of an obligation as calculated on the date the modification becomes effective: (A) A change to a different index that is a recognized index if the previous index to which changes in the interest rate were linked is no longer available;  (B) A change in the differential between the index and the interest rate; (C) A change from a floating or adjustable rate to a fixed rate; or (D) A change from a fixed rate to a floating or adjustable rate based on a recognized index. (iv) A capitalization of unpaid interest or other unpaid monetary obligation; (v) A forgiveness, forbearance or other reduction of principal, accrued interest or other monetary obligation; (vi) A modification of a requirement for maintaining an escrow or reserve account for payment of an obligation, including taxes and insurance premiums; (vii) A modification of a requirement for acquiring or maintaining insurance; (viii) A modification of an existing condition to advance funds; (ix) A modification of a financial covenant; and (x) A modification of the payment amount or schedule resulting from another modification described in this section. (c) The effect of a mortgage modification not described in subsection (b) of this section is not governed by this act. This act shall not be construed to negate the validity or priority of a mortgage modification not described in subsection (b) of this section. 34-30-105. Uniformity of application; construction. (a) In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it. (b) This act shall not be construed to negate the validity or priority of a mortgage modification not described in W.S. 34- 30-104(b).  34-30-106. Relation to electronic signatures in global and national commerce act. This act modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., as amended, but does not modify, limit or supersede 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in 15 U.S.C. § 7003(b). 34-30-107. Applicability. This act applies to a mortgage modification made on or after July 1, 2026 regardless of when the mortgage or obligation was created.