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26LSO-0413
2026
STATE OF WYOMING
26LSO-0413
Numbered
2.0
SENATE FILE NO. SF0094
Governmental immunity-road reconstruction and maintenance.
Sponsored by: Senator(s) Pearson and Representative(s) Brady, Heiner, McCann, Schmid, Smith and Wharff
A BILL
for
AN ACT relating to civil procedure; amending exclusions from the waiver of immunity related to roadway maintenance and reconstruction for purposes of the Wyoming Governmental Claims Act; specifying waivers of immunity related to roadway maintenance and reconstruction for governmental entities; making conforming amendments; repealing obsolete provisions; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 1
‑
39
‑
125 is created to read:
1
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39
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125.
Liability; roadway reconstruction and maintenance.
(a)
Upon a person satisfying the conditions specified in subsection (b) of this section, a local government is liable for damages caused by:
(i)
The failure to reconstruct any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area; or
(ii)
The failure to maintain, including maintenance necessary to compensate for weather conditions, any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area.
(b)
To establish damages under subsection (a) of this section, a claimant shall establish all of the following:
(i)
A bridge, culvert, highway, roadway, street, alley, sidewalk or parking area was in need of reconstruction or maintenance so significant that a reasonable person would foresee the likelihood of damage or injury to persons and objects using the bridge, culvert, highway, roadway, street, alley, sidewalk or parking area;
(ii)
The local government received notice of the need for the reconstruction or maintenance of a bridge, culvert, highway, roadway, street, alley, sidewalk or parking area before the claimant's damages occurred. For purposes of this paragraph, the notice of the need for the reconstruction or maintenance shall be provided to the local government in writing;
(iii)
The local government failed to take reasonable steps within a reasonable time after receiving notice under paragraph (ii) of this subsection to provide for the reconstruction or maintenance of the bridge, culvert, highway, roadway, street, alley, sidewalk or parking area. For purposes of this paragraph, reasonable steps include, but are not limited to:
(A)
The development of blueprints, surveys or other plans for the reconstruction or maintenance;
(B)
The entry of a contract or agreement by the local government to provide for the reconstruction or maintenance;
(C)
The commencement of the reconstruction or maintenance of the bridge, culvert, highway, roadway, street, alley, sidewalk or parking area.
(iv)
The claimant suffered damages to the claimant's person or property caused by the failure to reconstruct or maintain the bridge, culvert, highway, roadway, street, alley, sidewalk or parking area.
Section 2
.
W.S. 1
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23
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107(a), 1
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39
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104(a), 1
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39
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118(f)(intro), 1
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39
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120(a)(intro), 18
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2
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111 and 18
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3
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513(b) are amended to read:
1
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23
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107.
Individual liability of members of governmental agencies.
(a)
Notwithstanding W.S. 1
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39
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101 through 1
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39
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120
and 1
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39
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125
, the members of any governmental board, agency, council, commission or governing body are not individually liable for any actions, inactions or omissions by the governmental board, agency, council, commission or governing body.
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 and 1
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39
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122 through
1
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39
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124
1
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39
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125
. 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). The claims procedures of W.S. 1
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39
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113 apply to contractual claims against governmental entities.
1
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39
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118.
Maximum liability; insurance authorized.
(f)
The liability imposed 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
and 1
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39
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125
may include liability for property damage in an amount less than five hundred dollars ($500.00) in cases in which no personal injury or death resulted, but only under the following conditions:
1
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39
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120.
Exclusions from waiver of immunity.
(a)
The liability imposed by W.S. 1
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39
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106 through 1
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39
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112
and 1
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39
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125
does not include liability
for the state or for any agency of the state
for damages caused by:
18
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2
‑
111.
Judgment against county to be paid by tax levy; when execution to issue.
Except as provided in W.S. 1
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39
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101 through 1
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39
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120
and 1
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39
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125
when a judgment is rendered against the board of county commissioners or any county officer the judgment shall be paid by a tax levied for that purpose and when collected shall be paid by the county treasurer to the judgment creditor upon the delivery of a proper voucher. Execution may issue on the judgment if payment is not made within sixty (60) days after the time required for the payment of county taxes to the county treasurer.
18
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3
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513.
Appeal on disallowance of claim.
(b)
When the appeal is perfected, the clerk of the board shall immediately give notice to the county attorney. The clerk shall make a brief return of the proceedings before the board with the decision properly certified and file the same together with the bond and all papers in the case in his possession with the clerk of the district court. The appeal shall be entered, tried and determined and costs awarded the same as appeals from circuit courts. This section does not apply to claims under W.S. 1
‑
39
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101 through 1
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39
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120
and 1
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39
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125
.
Section 3
.
This act shall apply to all claims arising out of transactions or occurrences that occur on and after July 1, 2026.
Section 4
.
This act is effective July 1, 2026
.
(END)
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SF0094