Governmental immunity-cooperative public transportation.

ORIGINAL
House
Bill No
.
HB0052

ENROLLED ACT NO. 101,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to governmental claims; extending the Wyoming Governmental Claims Act to governmental entities in other states that operate cooperative public transportation programs in Wyoming under specified conditions; expanding intergovernmental cooperation laws to include agreements concerning reciprocal governmental immunity or limitations of liability for cooperative 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), by creating a new paragraph (viii) and by renumbering (viii) as (ix), 16
‑
1
‑
101 and 16
‑
1
‑
104 by creating a new subsection (f) are amended to read:

1
‑
39
‑
103
.

Definitions.

(a)

As used in this act:

(ii)

"Local government" means 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
,
a
nd governmental entities of another state
but only while physically present in the state of Wyoming and while in the course of
operating a cooperative public transportation program
as defined by
W.S. 16
‑
1
‑
104(f)
;

(viii)

"
Governmental entity of another state"
means a
ny
state
and
its political subdivisions, agencies, instrumentalities and institutions
and
any
local government entity
within another
state
;

(viii
)
(ix)

"This act" means W.S. 1
‑
39
‑
101 through 1
‑
39
‑
121.

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
pursuant to W.S. 16
‑
1
‑
10
4
(
f)
and other appropriate provisions.

16
‑
1
‑
104
.

Joint powers, functions and facilities; city
‑
county airport board; eligible senior citizen centers
;
cooperative
public transportation programs
.

(
f
)

An agency may enter into a
n agreement with
any governmental
entity of
another state
, as defined in W.S. 1
‑
39
‑
103(
a)(viii),

for purposes of operating a
cooperative

public transportation program
to transport passengers on
one (1) or more routes
beginning in, ending in or passing through Wyoming
. Any agreement
entered into under this subsection

shall only apply to the operation of a cooperative public transportation program and

shall be conditioned upon the other state extending or agreeing to ext
end

its governmental immunity or other limitations of
liability
to
any governmental entity of
Wyoming
while
operating a cooperative public transportation program.
As used in this subsection, "
cooperative
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 o
perated by a
n agency or a
governmental entity of another state
.

Section 2
.

This act is effective July 1,
201
7
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1