State parks-temporary peace officers.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0109

ENROLLED ACT NO. 81, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
peace officers; providing for the department of state parks and cultural resources to enter into
memorand
a
of understanding
to temporarily hire peace officers
of other agencies and governmental entities
;
and providing for an effective date.

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

Section 1.

W.S. 7
‑
2
‑
106(c), (e)
(
i
i)
and by creating a new paragraph (iii)
and by creating a new subsection (f)
is
amended to read:

7
‑
2
‑
106.

Extraterritorial authority of peace officers; requests for assignment of peace officers; liability; compensation.

(c)

A peace officer acting pursuant to subsection (a)
,

or
(b)

or (f)
of this section outside his own jurisdiction shall be deemed to be acting within the scope of his duties for purposes of the Wyoming Governmental Claims Act and the state self-insurance program, W.S. 1
‑
41
‑
101 through 1
‑
41
‑
111, or the local government self-insurance program, W.S. 1
‑
42
‑
201 through 1
‑
42
‑
206. All privileges and immunities from liability, and all pension, disability, worker's compensation and other benefits which normally apply to peace officers while they perform their duties in their own jurisdiction shall also apply to them when acting as provided in subsection (a)
,

or

(b)

or (f)
of this section. For purposes of W.S. 27
‑
14
‑
104, the requesting and assigning law enforcement agencies shall be a joint employer as defined under W.S. 27
‑
14
‑
102(a)(xix) and the designated peace officer shall be a joint employee as defined under W.S. 27
‑
14
‑
102(a)(xxi).

(e)

Nothing in this section shall be construed to authorize a peace officer:

(ii)

As defined in W.S. 7
‑
2
‑
101(a)(iv)(E) or (G) to act pursuant to paragraph (a)(ii) or (iii) or subsection (b) of this section
;
.

or

(iii)

As
defin
ed in W.S. 7
‑
2
‑
101(a)(iv)(E), (F) or (J) to act pursuant to subsection (f) of this section.

(
f
)

Subject to the limitations in
paragraph
(e)
(iii)
of this section, the
department of sta
te parks and cultural resources
may request
any other agency or governing body employing peace officers
to assign peace officers
qu
alified pursuant to W.S. 9
‑
1
‑
701
through 9
‑
1
‑
707

under their respective command to perform law enforcement duties within the jurisdiction of the
department of state parks and cultural resources
.

Peace officers, while so assigned and performing duties, are subject to the direction and control of the
department of state parks and cultural resources
and shall have full peace officer authority within the
department
's jurisdiction during the assignment.

The assignments under this subsection shall be restricted to the terms of a written memorandum of understanding entered into in advance by
the department and
each participating agency employing peace officers.

The memorandum of understanding shall, at minimum, specify:

(i)

The length of term of the assignment;

(ii)

The peace officers covered by the assignment;

(iii)

A general description of the geographical boundaries of territory covered by the assignment;

(iv)

The responsibilities of
the department and
each participating law enforcement agency for costs and expenses related to the assignments, including the cost of all wages, salaries, benefits and damage to equipment belonging to an officer or his employer while acting under the provisions of this subsection.

Section 2.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1