Search and rescue operations.

ORIGINAL
House
ENGROSSED
Bill No
.
HB0152

ENROLLED ACT NO. 63,

HOUSE OF REPRESENTATIVES

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

AN ACT relating to search and rescue operations; providing immunity for 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
‑
39
‑
103
(a)(i
v
)(
D
) are amended to read:

1
‑
1
‑
125
.

Immunity for volunteers; volunteer firefighters
; search and rescue
.

(a)

As used in this section:

(iii)

"Volunteer" means
:

(A)

A
n
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

(B)

A
volunteer firefighter who performs services for a volunteer fire department under W.S.

35
‑
9
‑
601(
h)
35
‑
9
‑
616(a)(ix)

whether or not
he
the firefighter

receives compensation or a pension
;
.

(C)

A
n individual engaged in search and rescue operations under
a county sheriff's
coordination

pursuant to W.S.

18
‑
3
‑
609(
a)(iii)
or supervision pursuant to W.S.

19
‑
16
‑
101
whether or not the individual 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 as part of 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
or sheriff

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
‑
39
‑
103
.

Definitions.

(a)

As used in this act:

(iv)

"Public employee":

(D)

Includes individuals engaged in search and rescue operations under the coordinatio
n of a county sheriff pursuant to W.S. 18
‑
3
‑
609(a)(iii)
;
and the provisions of W.S.

1
‑
39
‑
112 shall apply for purposes of damages resulting from bodily injury, wrongful death or property damage caused by their negligence while acting within the scope of their duties
;

Section

2
.

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)

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