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HB0134 • 2008

School district immunity and liability insurance.

AN ACT relating to school districts; clarifying that school districts have the same governmental immunity as other governmental entities; authorizing school districts to purchase liability insurance and establish self-insurance pools as specified; waiving governmental immunity as specified; repealing inconsistent provisions; and providing for an effective date.

Education
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Stubson
Last action
2008-03-05
Official status
enrolled
Effective date
7/1/2008

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2008-03-05 LSO

    Assigned Chapter Number - 50

  2. 2008-03-05 Governor

    Governor Signed HEA0027

  3. 2008-03-04 Senate

    S President Signed HEA No. 0027

  4. 2008-03-03 House

    H Speaker Signed HEA No. 0027

  5. 2008-03-03 LSO

    Assigned Number HEA0027

  6. 2008-03-03 Senate

    S Passed 3rd Reading

  7. 2008-02-29 Senate

    S Passed 2nd Reading

  8. 2008-02-28 Senate

    S Passed CoW

  9. 2008-02-27 Senate

    S Placed on General File

  10. 2008-02-27 Senate

    S04 Recommended Do Pass

  11. 2008-02-25 Senate

    S Introduced and Referred to S04

  12. 2008-02-25 Senate

    S Received for Introduction

  13. 2008-02-25 House

    H Passed 3rd Reading

  14. 2008-02-22 House

    H Passed 2nd Reading

  15. 2008-02-21 House

    H Passed CoW

  16. 2008-02-21 House

    H Placed on General File

  17. 2008-02-21 House

    H04 Recommended Do Pass

  18. 2008-02-15 House

    H Introduced and Referred to H04

  19. 2008-02-13 House

    H Received for Introduction

  20. 2008-02-11 LSO

    Bill Number Assigned

Official Summary Text

2008 General Session Summary for HB0134

Bill No.:
HB0134
Drafter:

JWL

LSO No.:
08LSO-0342
Effective Date:

7/1/2008

Enrolled Act No.:
HEA0027

Chapter No.:
50

Prime Sponsor:
Representative
Stubson

Catch Title:
School district immunity and liability
insurance.

Subject:
Clarifies
applicability of the Governmental Claims Act to school districts.

Summary/Major Elements:

The Governmental Claims Act
defines, for governmental entities and their public employees acting within
their scope of duties, those areas where governmental immunity is waived, the
limits of liability and the effect of an entity's purchase of liability
insurance.

The Wyoming Education Code at
W.S. 21-3-129 currently authorizes the purchase of liability insurance and
includes a waiver of immunity that is possibly inconsistent with the
Governmental Claims Act.

This act repeals possibly
inconsistent provisions and clarifies that school districts may, as provided in
the Governmental Claims Act, purchase liability insurance, self-insure or join
with other school districts in an insurance pool.

Current Bill Text

Read the full stored bill text
WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0134

ENROLLED ACT NO. 27, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2008 BUDGET SESSION

AN ACT relating to school districts; clarifying that school districts have the same governmental immunity as other governmental entities; authorizing school districts to purchase liability insurance and establish self-insurance pools as specified; waiving governmental immunity as specified; repealing inconsistent provisions; and providing for an effective date.

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

Section 1.
W.S. 21
‑
3
‑
129(a) is amended to read:

21
‑
3
‑
129.

Comprehensive liability insurance; waiver of governmental immunity.

(a)

The board of trustees of each school district within the state may procure a policy or policies of comprehensive liability insurance
which would save the school district harmless from financial loss arising out of any claim, demand, suit, or judgment for personal injury or death occasioned by the alleged tort of any officer, employee, or agent of the school district. The policy or policies shall specify a maximum amount of fifty thousand dollars ($50,000.00) or more payable for injury to any one (1) person and a maximum amount of five hundred thousand dollars ($500,000.00) or more payable for any one (1) accident regardless of the number of persons injured

as provided in W.S. 1
‑
39
‑
118(b), self-insure as provided in W.S. 1
‑
39
‑
118(c)(i) or join with other school districts as provided in W.S. 1
‑
39
‑
118
(c)(ii)
.

Section 2.

W.S. 21
‑
3
‑
129(b) and (c) is repealed.

Section 3.

This act is effective July 1, 2008.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1