Governmental immunity-vanpools.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0340

HOUSE BILL
NO.
HB0150

Governmental immunity-vanpools.

Sponsored by:
Representative(s) Throne, Illoway, Jorgensen and Millin and Senator(s) Fecht

A BILL

for

AN ACT relating to
governmental immunity; extending Wyoming
G
overnmental
C
laims
A
ct to local governments in adjoining states entering vanpooling contracts
through intergovernmental cooperation
with local governments in this state
to deliver not for profit transportation services
; extending
definition of public employee to include
volunteer vanpool drivers;
and providing for an effective date.

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

Section 1.

W.S. 1
‑
39
‑
103(a)(ii), (iv)
and
by creating a new subparagraph (F)
and 16
‑
1
‑
101 are
amended to read:

1
‑
39
‑
103.

Definitions.

(a)

As used in this act:

(ii)

"Local government"
:

(A)

M
eans cities and towns, counties, school districts, joint powers boards, airport boards, public corporations, community college districts, special districts and their governing bodies, all political subdivisions of the state, and their agencies, instrumentalities and institutions;

(B)

Includes a governmental entity of an adjoining state that operates a vanpooling program pursuant to an agreement under W.S. 16
‑
1
‑
101 with a local government as described in
subparagraph
(A) of this paragraph, which includes one (1) or more routes beginning in, ending in or passing through
Wyoming
. A "vanpooling program" means a program for the vehicular transportation of passengers traveling together primarily to and from the passengers' places of business or work or traveling together on a regularly scheduled basis with a commonality of purposes if the vehicle
s
used in the transportation are not operated for profit and are operated by a governmental entity and if no charge is made therefore other than that reasonably calculated to recover the direct and indirect costs of the program.

(iv)

"Public employee":

(F)

Includes any volunteer driver participating in a vanpooling program as that term is defined in subparagraph (a)(ii)
(B)
of this section.

16
‑
1
‑
101.

Authority to cooperate.

In exercising, performing or carrying out any power, privilege, authority, duty or function legally vested in any one (1) or more of them by Wyoming law, the state of Wyoming, and any one (1) or more of its counties, municipal corporations, school districts, special districts, public institutions, agencies, boards, commissions and political subdivisions, and any officer or legal representative of any one (1) or more of them, may cooperate with and assist each other, and like entities or authorities of other states, the United States and the Eastern Shoshone and Northern Arapaho Tribes of the Wind River Reservation. Cooperation may be informal or subject to resolution, ordinance or other appropriate action, and may be embodied in a written agreement specifying purposes, duration, means of financing, methods of operations, termination, acquisition and disposition of property, employment of executive and subordinate agents
, reciprocation of governmental immunity protections with respect to vanpooling agreements as defined in W.S
.
1
‑
39
‑
103(a)(ii)(B)
and other appropriate provisions.

Section
2
.

This act is effective July 1, 2008.

(END)

1
HB0150