Governmental immunity-public transportation.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0272.E1

HOUSE BILL
NO.
HB0083

Governmental immunity-public transportation.

Sponsored by:
Representative(s) Throne, Gingery, Illoway and Millin and Senator(s) Dockstader, Esquibel, F. and Von Flatern

A BILL

for

AN ACT relating to governmental
claims
; extending the Wyom
ing governmental claims act to governmental entities
in
other
states
and who operate public transportation programs in Wyoming
under specified conditions
;
expanding intergovernmental cooperation laws to include agreements concerning governmental immunity

or limitations of liability
and public transportation programs
;
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) 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)

Incl
udes a governmental entity of another
state

operating a public transportation program
when:

(I)

The other state
has
, by written agreement entered in accordance with W.S. 16
‑
1
‑
101,
extended or agreed to extend

its governmental immunity
or other limitations of
liability

to Wyoming
for purposes of
public transportation programs; and

(II)

The
public transportation program is operated
by
a governmental entity in the other state and
a local government in
this state
, as
defined
in subparagraph (A) of this paragraph,
pursuant to an agre
ement under W.S. 16
‑
1
‑
101
,

which
program
includes one (1) or more routes beginning in, ending
in or passing through Wyoming.
For purposes of
this
subparagraph,
"
public transportation
program" means a
not for profit
program
designed to transport
passengers to and from work
,
or
to another location
on a regularly scheduled basis
where passengers have a commonality of purpose,

using vehicles

opera
ted by a governmental entity where
no charge is made
to passengers
other than that reasonably calculated to recover direct and indirect costs.

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
, maintenance
and disposition of property, employment of executive and subordinate agents
, reciprocation of governmental immunity protections
or other limitations of liability
with respect to
public transportation programs
as d
efined in W.S. 1
‑
39
‑
103(a)(ii)(B
)
and other appropriate provisions.

Section
2
.

This act is effe
ctive July 1, 2009
.

(END)

1
HB0083