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HB0131 • 2021

Transportation department contract immunity repeal.

AN ACT relating to governmental claims and the transportation department; prohibiting the department of transportation from asserting immunity under the governmental claims act for actions based on a contract; and providing for an effective date.

Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Representative Laursen
Last action
2021-04-07
Official status
inactive
Effective date
3/1/2021

Plain English Breakdown

The bill summary does not provide details on how existing contracts are affected before the effective date or how ongoing cases might be impacted.

Transportation Department Contract Immunity Repeal

The bill removes the ability of the Wyoming Department of Transportation to claim immunity from lawsuits based on contracts.

What This Bill Does

  • Removes the right of the transportation department to use legal protection against contract-based claims.

Who It Names or Affects

  • The Wyoming Department of Transportation
  • People or companies who have contracts with the transportation department

Terms To Know

Governmental Claims Act
A law that sets rules for when and how people can sue government entities.
Immunity
Protection from being sued or held legally responsible.

Limits and Unknowns

  • The bill does not specify what happens to existing contracts before the effective date.
  • It is unclear how this change will affect ongoing legal cases involving the transportation department.
  • This bill was marked as inactive and did not pass in its current session.

Bill History

  1. 2021-04-07 House

    H:Died in Committee Returned Bill Pursuant to HR 5-4

  2. 2021-03-24 House

    H No report prior to CoW Cutoff

  3. 2021-03-02 House

    H08 - Transportation:Do Pass Failed 3-6-0-0-0

  4. 2021-03-01 House

    H Introduced and Referred to H08 - Transportation

  5. 2021-02-24 House

    H Received for Introduction

  6. 2021-02-19 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
21LSO-0313
2021
STATE OF WYOMING
21LSO-0313
Numbered
2.0

HOUSE BILL NO. HB0131

Transportation department contract immunity repeal.

Sponsored by: Representative(s) Laursen, Greear, Jennings and Stith and Senator(s) Case and Cooper

A BILL

for

AN ACT relating to governmental claims and the transportation department; prohibiting the department of transportation from asserting immunity under the governmental claims act for actions based on a contract; and providing for an effective date.

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

Section 1.

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

1
‑
39
‑
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
‑
39
‑
105 through 1
‑
39
‑
112.
Unless the governmental entity is specifically prohibited by law from asserting immunity under this subsection, a
ny 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
‑
39
‑
120(b). The claims procedures of W.S. 1
‑
39
‑
113 apply to contractual claims against governmental entities.

24
‑
2
‑
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. 1‑39‑104(a) in defense of any action based on a contract entered into by the commission or the department 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, 2021
.

(END)

1
HB0131