HB0114 Transportation commission contract immunity repeal.

Plain English Breakdown

The bill text and summary do not provide specific details about the Attorney General’s role in defending or prosecuting cases, so this claim was removed as unsupported.

Repealing Immunity for Transportation Commission Contracts

The bill removes the ability of the Wyoming Transportation Commission to claim immunity from lawsuits related to contracts and allows people to sue the commission over contract issues.

What This Bill Does

Changes rules about when government agencies can say they are not responsible for mistakes or problems in contracts.

Says that the Transportation Commission cannot use a special rule called 'immunity' to avoid being sued if there is a problem with a contract it made.

Who It Names or Affects

The Wyoming Transportation Commission

People and companies that make contracts with the Transportation Commission

Terms To Know

Immunity

A rule that lets a government agency avoid being sued for mistakes or problems.

Governmental Claims Act

The law that sets rules about when and how people can sue the government.

Limits and Unknowns

This bill did not pass, so it does not change any laws.

It only affects contracts made by the Transportation Commission of Wyoming.

Current Bill Text

Read the full stored bill text

20LSO-0325
2020
STATE OF WYOMING
20LSO-0325
Introduced
2.0

HOUSE BILL NO. HB0114

Transportation commission contract immunity repeal.

Sponsored by: Representative(s) Laursen, Greear, Jennings and Miller and Senator(s) Bouchard and Steinmetz

A BILL

for

AN ACT relating to governmental claims and the department of transportation; prohibiting the assertion of immunity under the governmental claims act and waiving immunity for claims relating to department of transportation contracts; and providing for an effective date.

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

Section 1.

W.S. 1
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39
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104(a) and 24
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2
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101(e) are amended to read:

1
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39
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104.

Granting immunity from tort liability; liability on contracts; exceptions.

(a)

A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1
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39
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105 through 1
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39
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112. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1
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39
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120(b)
and 24
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2
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101(e)
. The claims procedures of W.S. 1
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39
‑
113 apply to contractual claims against governmental entities.

24
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2
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101.

Department and commission created; qualifications; appointment; term; removal; compensation; location of offices; power to bring civil actions; official seal.

(e)

The commission shall maintain offices at the state capital. The commission is empowered to sue in the name of the "Transportation Commission of Wyoming", and may be sued by that name in the courts of this state and in no other jurisdiction upon any contract executed by it.
Neither the commission nor the department shall assert immunity under W.S. 1
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39
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104(a) in defense of any action arising from a contract and brought under the Wyoming Governmental Claims Act regardless of whether the contract contains an immunity provision.
The attorney general is the legal advisor of the commission and shall prosecute and defend all actions and shall also appear in all proceedings in any federal department in which the commission is a party or is interested.

Section 2
.

This act is effective July 1, 2020
.

(END)

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HB0114