State self-insurance.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0663

SENATE FILE
NO.
SF0172

State self-insurance.

Sponsored by:
Senator(s) Nicholas

A BILL

for

AN ACT relating to the code of civil procedure; amending provisions relating to public employees and indemnity for acts committed within the scope of employment as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 1
‑
39
‑
104(c)(i), 1
‑
41
‑
103(e)(i), (iii) and (v) and 18
‑
3
‑
603(a) are amended to read:

1
‑
39
‑
104.

Granting immunity from tort liability; liability on contracts; exceptions.

(c)

A governmental entity shall assume and pay a judgment entered under this act against any of its public employees, provided:

(i)

The act or omission upon which the claim is based has been determined by a court or jury
at a trial on the merits
to be within the public employee's scope of duties;

1
‑
41
‑
103.

Self-insurance account; creation; authorized payments.

(e)

The state shall defend claims against its public employees, or a state judicial officer exercising the authority vested in him, arising under 42 U.S.C. 1983 or other federal statutes, subject to the following conditions:

(i)

The state shall defend and, to the extent provided by paragraph (v) of this subsection, indemnify any of its public employees against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the scope of duty
as determined by the attorney general at any point in the litigation
;

(iii)

If any civil action, suit or proceeding is brought against any public employee of the state which
on

its face
falls within the provisions of paragraph (i) of this subsection,
or which the public employee asserts to be based in fact upon an alleged act or omission in the scope of duty
as determined by the attorney general at any point in the litigation
, the state shall appear and defend the public employee
. At the discretion of the attorney general, the state may appear and defend the public employee
under an automatic reservation of right by the state to reject the claim unless the act or omission is determined to be within the scope of duty;

(v)

Unless the act or omission upon which a claim is based is determined by the court or jury
at a trial on the merits
to be within the public employee's scope of duty, no public funds shall be expended in payment of the final judgment against the public employee;

18
‑
3
‑
603.

Duty as custodian of jail and prisoners; requirements for boarding prisoners; quarters or rental allowance to be furnished by county.

(a)

Each sheriff has charge of the jail and the prisoners therein confined in his county. The prisoners shall be kept by the sheriff or by a deputy or detention officer appointed for that purpose, and for whose acts
occurring within the scope of his duties,
he and his sureties are liable. The sheriff shall provide three (3) nutritionally balanced meals each day for each prisoner. Each sheriff shall make a monthly accounting to the board of county commissioners to show that the expenditures have actually been made.

Section 2.

This act is effective July 1, 2007.

(END)

1
SF0172