Governmental immunity–public transportation.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0329

HOUSE BILL
NO.
HB0140

Governmental immunity–public transportation.

Sponsored by:
Representative(s) Roscoe, Byrd, Gingery, Illoway, Petroff and Throne and Senator(s) Christensen, Dockstader, Esquibel, F. and Nutting

A BILL

for

AN ACT relating to governmental claims; extending the Wyoming
G
overnmental
C
laims
A
ct 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)

Includes 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 agreement 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, using vehicles

operated by a governmental entity.

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 or other limitations of liability with respect to public transportation programs as defined in W.S. 1
‑
39
‑
103(a)(ii)(B)
and other appropriate provisions.

Section
2
.

This act is effe
ctive July 1, 2011
.

(END)

1
HB0140