Search and rescue operations.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0240.E1

HOUSE BILL
NO.
HB0035

Search and rescue operations.

Sponsored by:
Representative(s) Gingery

A BILL

for

AN ACT relating to
search and rescue operations; providing immunity for volunteers as specified; repealing application of the
G
overnmental
C
laims
A
ct
and local government self-insurance program
to search and rescue operation volunteers;
and providing for an effective date.

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

Section 1.

W.S. 1
‑
1
‑
125(a)(iii), (b)
(intro),
(i)
and
(d)
and
1
‑
42
‑
201(a)(vi)(intro)
are amended to read:

1
‑
1
‑
125.

Immunity for volunteers; volunteer firefighters.

(a)

As used in this section:

(iii)

"Volunteer" means an officer, director, trustee or other person who performs services for a nonprofit organization but does not receive compensation, either directly or indirectly, for those services,
or
a volunteer firefighter who performs services for a volunteer fire department under W.S. 35
‑
9
‑
601(h) whether or not he receives compensation or a pension
, or an
individual engaged in search and rescue operations under the coordination of a county sheriff pursuant to W.S. 18
‑
3
‑
609(a)(iii)
whether or not he receives compensation
.

(b)

Except as provided in subsection (c) of this section, a volunteer who provides services or performs duties on behalf of a nonprofit organization
,

or
a volunteer fire department
or a sheriff as part of a search and rescue operation
is personally immune from civil liability for any act or omission resulting in damage or injury if at the time of the act or omission:

(i)

The person was acting within the scope of his duties as a volunteer for the nonprofit organization
,

or
volunteer fire department
or a sheriff as part of a search and rescue operation
; and

(d)

In any suit against a nonprofit organization
,

or
a volunteer fire department

or
a sheriff with respect to a search and rescue operation
for civil damages based upon the negligent act or omission of a volunteer, proof of the act or omission shall be sufficient to establish the responsibility of the organization or department under the doctrine of respondeat superior, notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (b) of this section.

1
‑
42
‑
201.

Definitions.

(a)

As used in this act:

(vi)

"Public employee" means any officer, employee or servant of a local government including elected or appointed officials and persons acting on behalf or in service of the local government in any official capacity, whether with or without compensation
.
, including individuals engaged in search and rescue operations under the coordination of a county sheriff pursuant to W.S. 18
‑
3
‑
609(a)(iii).
"Public employee":

Section 2.

W.S. 1
‑
39
‑
103(a)(iv)(D)
is
repealed.

Section 3.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0035