Public utilities-liability exemption.

Plain English Breakdown

The summary provided is accurate based on the official bill text and summary. No additional information beyond what is in the candidate explanation needs to be removed or added.

Public Utilities Exemption from Liability

This law says public utilities do not have to pay for damages caused by natural disasters, unless they were careless or did something wrong.

What This Bill Does

• Creates a rule that public utilities are not responsible for damage to property or economic losses during a disaster if the disaster was due to an act of nature (like a storm).
• Says this rule does not apply if the utility company made a mistake, acted carelessly, or did something very wrong.
• Defines what 'economic losses' means in this context and lists examples like lack of gas, electricity, water, waste collection, heating, and transportation services.
• States that if there is a conflict with another law about government claims, the other law takes precedence.

Who It Names or Affects

• Public utilities
• People who might sue public utilities for damages caused by natural disasters

Terms To Know

Economic losses

Damages related to financial harm, such as loss of income or business interruption.

Public utility

A company that provides essential services like electricity, water, and gas to the public.

Limits and Unknowns

• The law only applies if a disaster is caused by an act of nature.
• If another Wyoming law about government claims conflicts with this one, the other law wins.
• It does not cover cases where the utility company was negligent or acted recklessly.

Official Summary Text

Bill Summary - 20LSO-0024
Bill No.:

SF0122

Effective:

7/1/2020 12:00:00 AM

LSO No.:

20LSO-0024

Enrolled Act No.:

SEA No. 0033

Chapter No.:

77

Prime Sponsor:

Dockstader

Catch Title:

Public utilities-liability exemption.

Subject:

Public utility exemption from civil liability.

Summary/Major Elements:

The bill codifies a common law exemption from civil liability for public utilities.

The bill provides that a public utility is not liable for damages to real or personal property or damages for claims resulting from economic losses in any civil action against the public utility for a catastrophe caused by an act of God. However:

The exemption shall not apply to damages if a negligent, willful, wanton or reckless act of the public utility was a proximate cause of the catastrophe;

The Wyoming Governmental Claims Act shall prevail should any grant of immunity, exception or imposition of liability within that Act conflict with this exemption.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

20LSO-0024

ORIGINAL Senate

File No
.
SF0122

ENROLLED ACT NO. 33,

SENATE

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to civil procedure; codifying an exemption from civil liability for public utilities as specified; specifying applicability of the Wyoming Governmental Claims Act; specifying legislative intent; and providing for an effective date.

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

Section 1.

W.S. 1
‑
1
‑
139 is created to read:

1
‑
1
‑
139.

Public utility exemption from civil liability; catastrophes caused by an act of God.

(a)

Except as provided in subsection (b) of this section, a public utility is not liable for damages to real or personal property or damages for claims resulting from economic losses in any civil action against the public utility for a catastrophe caused by an act of God.

(b)

Subsection (a) of this section shall not apply to damages if a negligent, willful, wanton or reckless act of the public utility was a proximate cause of the catastrophe.

(c)

As used in this section:

(i)

"Economic losses" includes damages caused by a failure to provide an adequate supply of gas, electricity, water, solid or liquid waste collection or disposal, heating and ground transportation;

(ii)

"Municipality" means as defined in W.S. 37
‑
1
‑
101(a)(iii);

(iii)

"Public utility" means as defined in W.S. 37
‑
1
‑
101(a)(vi), excluding the state or a municipality.

(d)

Should any grant of immunity, exception or imposition of liability within the Wyoming Governmental Claims Act, W.S. 1
‑
39
‑
101 through 1
‑
39
‑
120, conflict with any provision of this section, the Wyoming Governmental Claims Act shall prevail.

Section 2.

It is intended by this act to codify the common law existing in this state as of July 1, 2020, as it relates to the liability of a public utility for damages to real or personal property or damages for claims resulting from economic losses in a civil action against a public utility for a catastrophe caused by an act of God.

Section 3
.

This act is effective July 1, 2020
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1