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Kunkle v. State4/14/2005
's situation.
[ ] Statutory interpretation involves a reasoned search for the intention of the legislature. Petroleum Inc. v. State ex rel. State Bd. of Equalization, 983 P.2d 1237, 1240 (Wyo. 1999). We interpret statutory language in light of the purpose and policy behind the enactment. In seeking to ascertain the intent of the legislature regarding the proper construction, we are guided by the fact that the legislature is presumed to have intended a reasonable, just, and constitutional result. 82 C.J.S. Statutes §§307-310 (2004); Petroleum Inc., 983 P.2d at 1240. The rules of statutory interpretation are well recognized:
"We first decide whether the statute is clear or ambiguous. This Court makes that determination as a matter of law. 'A statute is unambiguous if its wording is such that reasonable persons are able to agree as to its meaning with consistency and predictability.' A 'statute is ambiguous only if it is found to be vague or uncertain and subject to varying interpretations."
Powder River Coal Co. v. State Bd. of Equalization, 2002 WY 5, , 38 P.3d 423, (Wyo. 2002) (citations omitted).
"When the words used are clear and unambiguous, a court risks an impermissible substitution of its own views, or those of others, for the intent of the legislature if any effort is made to interpret or construe statutes on any basis other than the language invoked by the legislature. . . . If the language selected by the legislature is sufficiently definitive, that language establishes the rule of law. . . . This inhibition upon statutory construction offers assurance that the legislative efforts and determinations of elected representatives will be made effective without judicial adjustment or gloss."
State ex rel. Dept. of Revenue v. Buggy Bath Unlimited, Inc., 2001 WY 27, , 18 P.3d 1182, (Wyo. 2001) (citation omitted). Furthermore, when interpreting statutes, we give effect to every word, clause and sentence, and construe them in pari materia. Pedro/Aspen, Ltd. v. Bd. of County Comm'rs, 2004 WY 84, ,94 P.3d 412, (Wyo. 2004). We avoid construing a statute so as to render a portion of it meaningless. Id.
[ ] The actual language of § 27-14-301 is quite clear and unambiguous. It states:
§ 27-14-301. Applicability of provisions.
(a) This act applies to all injuries and deaths occurring in Wyoming in employment described in W.S. 27-14-108(a), (d), (e), (j), (k) or (m) if the employment is principally localized in Wyoming and to all injuries and deaths occurring outside of Wyoming in employment described in W.S. 27-14-108(a), (d), (e), (j), (k) or (m) under the following conditions:
(i) The employment is principally localized in Wyoming;
(ii) The employee at the time of the injury is working under a contract for hire made in Wyoming for employment by an employer who has a principal place of business within the state established for legitimate business-related purposes and the employment is within the United States, a United States territory, Canada or Mexico, but which is not principally localized in any other state, United States territory, Canada or Mexico; or
(iii) The employee at the time of the injury is working under a contract for hire made in Wyoming for employment principally localized in another state, United States territory, Canada or Mexico, the workers' compensation law of which jurisdiction does not require that the employment be covered by a workers' compensation insurance policy issued under the laws of that jurisdiction.
(b) For purposes of this section, employment is principally localized where:
(i) The employer has a prin
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