HB0066 • 2010

Governmental Claims Act-process.

AN ACT relating to the Wyoming Governmental Claims Act; specifying where claims shall be filed and the contents thereof; repealing an obsolete provision; and providing for an effective date.

Enacted

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

Sponsor: Representative Lubnau
Last action: 2010-03-04
Official status: enrolled
Effective date: 7/1/2010

Plain English Breakdown

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

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0066HW001

Committee of the Whole • LUBNAU

Adopted

Plain English: Adopted Committee of the Whole by LUBNAU

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

HB0066HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2010-03-04 LSO
Assigned Chapter Number - 27
2010-03-04 Governor
Governor Signed HEA0016
2010-03-02 Senate
S President Signed HEA No. 0016
2010-03-01 House
H Speaker Signed HEA No. 0016
2010-02-26 LSO
Assigned Number HEA0016
2010-02-26 Senate
S Passed 3rd Reading
2010-02-25 Senate
S Passed 2nd Reading
2010-02-24 Senate
S Passed CoW
2010-02-22 Senate
S Placed on General File
2010-02-22 Senate
S01 Recommended Do Pass
2010-02-18 Senate
S Introduced and Referred to S01
2010-02-18 Senate
S Received for Introduction
2010-02-17 House
H Passed 3rd Reading
2010-02-16 House
H Passed 2nd Reading
2010-02-15 House
H Passed CoW
2010-02-15 House
Amendment Adopted
2010-02-15 House
H Amendments Adopted
2010-02-15 House
Amendment Adopted
2010-02-12 House
H Placed on General File
2010-02-12 House
H01 Recommended Amend and Do Pass
2010-02-10 House
H Introduced and Referred to H01
2010-02-09 House
H Received for Introduction
2010-02-08 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0066
Drafter:

JHR

LSO No.:
10LSO-0166
Effective Date:

7/1/2010

Enrolled Act No.:
HEA0016

Chapter No.:
27

Prime Sponsor:
Representative
Lubnau

Catch Title:
Governmental
Claims Act-process.

Subject:
Clarifies the
process of filing a claim under the Governmental Claims Act.

Summary/Major Elements:

The Wyoming Supreme Court has
frequently ruled against claimants who failed to follow constitutional and
statutory requirements related to filing claims under the Governmental Claims
Act.

This bill:

o

Defines the business office
where a claim may be filed, depending on the governmental entity that will
consider the claim;

o

Specifies that the claimant
must comply with the constitutional requirement of signing the claim under
oath;

o

Provides a sample signature
form to assist the claimant to be in substantial compliance with the
constitutional requirement in Wyoming Constitution, Article 16, Section 7;

o

Repeals an obsolete provision
that required governmental entities to include in their contracts a provision
asserting immunity for the Y2K date change computer problems.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0066

ENROLLED ACT NO. 16, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to
the Wyoming Governmental Claims Act; specifying
where claims shall be filed
and the contents thereof
;
repealing an
obsolete

provision;
and providing for an effective date.

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

Section 1.

W.S. 1
‑
39
‑
113(c) and by creating new subsection
s
(
d
)
and (e)
is amended to read:

1
‑
39
‑
113.

Claims procedure.

(c)

All claims against the state shall be presented to the general services division of the department of administration and information. Claims against any other governmental entity shall be filed at the business office of that entity. In the case of claims against local governments the claim submitted need not be acted upon by the entity prior to suit.

For purposes of this section, "business office" means:

(i)

The county clerk of a county
, including
its
agencies, instrumentalities and institutions
;

(ii)

The city or town clerk of a city or town
, including its agencies, instrumentalities and institutions
;

(i
i
i)

The secretary of a joint powers board
, airport board, public corporation, community college district
board of trustees or

special district
;

(
i
v)

The superintendent of a school district;

(v)

The president of the
University
of
Wyoming
.

(
d
)

In
any
action
under this act, the
complaint
shall state:

(i)

That the claim required under subsection (c) of this section was filed in accordance with this section;

(ii)

The date the claim under subsection (c) of this section was filed;

(iii)

That t
he claim was in compliance with the signature and certification requirements of article 16, section 7 of the
Wyoming
Constitution.

(e)

In any claim filed with a governmental entity under this act, the claim shall be signed by the claimant under oath in substantially the following format:

I,
________________________________
, have read and understand the provisions of the false swearing statute. I hereby certify under
penalty of false swearing
that the foregoing claim, including all of its attachments, if any, is true and accurate.

___________________________________

_____________________________
Signature of Claimant

Date

___________________________________
Printed Name of Claimant

STATE OF
WYOMING

)

)
ss.
COUNTY OF ______________

)

Subscribed and sworn to before me, a Notar
ial

Officer
, this
...
day of
.....
,
. ..
.

___________________________________
Notar
ial

Officer

My Commission Expires:

(Seal)
.

Section 2.

W.S. 1
‑
39
‑
121(b) is repealed.

Section
3
.

This act is effective July 1, 2010.

(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