Governmental claims-circuit court.

2016
STATE OF WYOMING
16LSO-0256
ENGROSSED
2.1

HOUSE BILL

NO.

HB0071

Governmental claims-circuit court.

Sponsored by:
Representative(s) Throne and Pelkey and Senator(s) Ross

A BILL

for

AN ACT relating to governmental claims; providing jurisdiction to circuit courts; and providing for an effective date.

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

Section 1
.

W.S. 1
‑
39
‑
117(
a)
, 5
‑
9
‑
128 by creating a new subsection (e)
and 7
‑
2
‑
106(c) are amended to read:

1
‑
39
‑
117
.

Jurisdiction; appeals; venue; trial by jury; liability insurance.

(a)

Original and
exclusive
concurrent

jurisdiction for any

claim filed in state court under this act shall be in the district courts of Wyoming
or
in
the
circuit court
s

of Wyoming pursuant to
W.S. 5
‑
9
‑
128
(
e)
.
Appeals may be taken as provided by law.

5
‑
9
‑
128
.

Civil
jurisdiction.

(e)

Each circuit court has original and concurrent jurisdiction with the district courts of Wyoming within the boundaries of the state for an action brought under the Wyoming Governmental Claims Act, where the prayer for recovery is an amount not exceeding fifty thousand dollars ($50,000.00) exclusive of costs.

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), (b) or (f) of this section outside his own jurisdiction, or a peace officer when providing law enforcement assistance on the Wind River Indian Reservation pursuant to a memorandum of understanding entered in advance and approved by the attorney general, between the department of the interior, Federal Bureau of Indian
Affairs or the tribes and the state, county, city or town providing the assistance, 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. The memorandum of understanding shall contain a provision for immunity from suit in tribal court for activities occurring pursuant to any law enforcement assistance provided under this subsection. Any suit relating to those activities shall be brought only under the terms of the Wyoming Governmental Claims Act in the state
district
court having jurisdiction, or in the federal district court for the district of Wyoming, if appropriate. 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), (b) or (f) of this section and shall apply to peace officers when providing law enforcement assistance on the Wind River Indian Reservation pursuant to this subsection. For purposes of W.S. 27
‑
14
‑
104 and subsection (a), (b) or
(f) of this section, 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).

Section

2
.

This
act is effective July 1,
201
6
.

(END)

1
HB0071