Indemnity for negligent acts.

2015
STATE OF WYOMING
15LSO-0368
Numbered
2.1

HOUSE BILL

NO.

HB0080

Indemnity for negligent acts.

Sponsored by:
Representative(s) Larsen and Greear and Senator(s) Perkins

A BILL

for

AN ACT relating to contractual agreements; amending statutes which limit the enforceability of indemnity agreements as specified; and providing for an effective date.

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

Section 1
.

W.S. 30
‑
1
‑
131
(
a)(intro), by creating a new paragraph (iv) and by creating a new subsection (b)
and 30
‑
1
‑
132 are amended to read:

30
‑
1
‑
131
.

Provisions for indemnity in certain contracts; invalidity
.

(a)

The following contracts of indemnity which purport to relieve the indemnitee from loss or
liability arising from negligen
t acts
are
against public policy and are void and unenforceable:

(i
v
)

All agreements, covenants or promises contained in, collateral to or affecting any
agreement pertaining to any well fo
r
operation related to
oil, gas
, other minerals,
or water, or mine for any mineral, which purport to indemnify the indemnitee against

damages,
loss or liability
:
for damages for:

(A)

Caused by the sole or concurrent negligence of the indemnitee, the agents or employees of the indemnitee or any independent contractor who is directly responsible to the indemnitee;
or

(B)

Which
arise from
operations carried on at the direction or under the supervision of the indemnitee, his employees or agents or any independent contractor who is directly responsible to t
he
indemnitee.

(b)

This provision shall not affect the validity of any insurance contract or any benefit conferred by the Worker's Compensation Law of this state.

30
‑
1
‑
132
.

Provisions for indemnity in certain contracts; definition
.

The term
"
agreement pertaining to any well for oil, gas, or water, or mine for any mineral
"

"
agreements, covenants or promises contained in, collateral to or affecting any operation related to oil, gas, other minerals, or water, or mine for any mineral
"
as used in W.S. 30
‑
1
‑
131, means any
agreement or
understanding, written or oral, concerning any
operations related to drilling, deepening, reworking, repairing, improving, testing, treating, perforating, acidizing, logging, conditioning, altering, plugging, or otherwise rendering services in or in connection with any well drilled for the purpose of producing or disposing of
processing, disposal, transportation, exploration, development, production, maintenance, closing or reclamation operation related to
oil, gas
,

or
other minerals, or water
.
, and designing, excavating, constructing, improving, or otherwise rendering services in
o
r

The term also means any understanding, written or oral, related to the design, excavation, construction, improvement, or other service rendered

in connection with any mine shaft, drift, or other structure intended for use in the exploration for or production of any mineral
.
, or an

The term includes any

agreement to perform any portion of any
such work or service
s
act covered by this section
or any act collateral thereto
.
, including the furnishing or rental of equipment, incidental transportation, and other goods and services furnished in connection with any such service or operation.

Section 2
.

W.S. 30
‑
1
‑
131(
a)(
i
) through (iii) is repealed.

Section 3
.

This act shall apply to contracts, agreements, covenants and promises entered into on and after July 1, 2015.

Section
4
.

This
act is effective July 1,
2015
.

(END)

1
HB0080