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--- version:Introduced
+++ version:(document, no version)
@@ -1,187 +1,13 @@
-2026 STATE OF WYOMING 26LSO-0413
+Governmental immunity-road reconstruction
+and maintenance.
+26LSO-0413, 1.1
 
- 1 SF0094
+   SF0094
+FISCAL NOTE
 
-SENATE FILE NO. SF0094
+According to the Department of Administration & Information, the fiscal impact is
+indeterminable.
 
-Governmental immunity-road reconstruction and maintenance.
-
-Sponsored by: Senator(s) Pearson and Representative(s)
-Brady, Heiner, McCann, Schmid, Smith and
-Wharff
-
-A BILL
-
-for
-
-1 AN ACT relating to civil procedure; amending exclusions
-2 from the waiver of immunity related to roadway maintenance
-3 and reconstruction for purposes of the Wyoming Governmental
-4 Claims Act; specifying waivers of immunity related to
-5 roadway maintenance and reconstruction for governmental
-6 entities; making conforming amendments; repealing obsolete
-7 provisions; specifying applicability; and providing for an
-8 effective date.
-9
-10 Be It Enacted by the Legislature of the State of Wyoming:
-11
-12 Section 1.  W.S. 1-39-125 is created to read:
-13
-14 1-39-125.  Liability; roadway reconstruction and
-15 maintenance.
-2026 STATE OF WYOMING 26LSO-0413
-
- 2 SF0094
-
-1
-2 (a)  Upon a person satisfying the conditions specified
-3 in subsection (b) of this section, a local government is
-4 liable for damages caused by:
-5
-6 (i)  The failure to reconstruct any bridge,
-7 culvert, highway, roadway, street, alley, sidewalk or
-8 parking area; or
-9
-10 (ii)  The failure to maintain, including
-11 maintenance necessary to compensate for weather conditions,
-12 any bridge, culvert, highway, roadway, street, alley,
-13 sidewalk or parking area.
-14
-15 (b)  To establish damages under subsection (a) of this
-16 section, a claimant shall establish all of the following:
-17
-18 (i)  A bridge, culvert, highway, roadway, street,
-19 alley, sidewalk or parking area was in need of
-20 reconstruction or maintenance so significant that a
-21 reasonable person would foresee the likelihood of damage or
-22 injury to persons and objects using the bridge, culvert,
-23 highway, roadway, street, alley, sidewalk or parking area;
-2026 STATE OF WYOMING 26LSO-0413
-
- 3 SF0094
-
-1
-2 (ii)  The local government received notice of the
-3 need for the reconstruction or maintenance of a bridge,
-4 culvert, highway, roadway, street, alley, sidewalk or
-5 parking area before the claimant's damages occurred. For
-6 purposes of this paragraph, the notice of the need for the
-7 reconstruction or maintenance shall be provided to the
-8 local government in writing;
-9
-10 (iii)  The local government failed to take
-11 reasonable steps within a reasonable time after receiving
-12 notice under paragraph (ii) of this subsection to provide
-13 for the reconstruction or maintenance of the bridge,
-14 culvert, highway, roadway, street, alley, sidewalk or
-15 parking area. For purposes of this paragraph, reasonable
-16 steps include, but are not limited to:
-17
-18 (A)  The development of blueprints, surveys
-19 or other plans for the reconstruction or maintenance;
-20
-21 (B)  The entry of a contract or agreement by
-22 the local government to provide for the reconstruction or
-23 maintenance;
-2026 STATE OF WYOMING 26LSO-0413
-
- 4 SF0094
-
-1
-2 (C)  The commencement of the reconstruction
-3 or maintenance of the bridge, culvert, highway, roadway,
-4 street, alley, sidewalk or parking area.
-5
-6 (iv)  The claimant suffered damages to the
-7 claimant's person or property caused by the failure to
-8 reconstruct or maintain the bridge, culvert, highway,
-9 roadway, street, alley, sidewalk or parking area.
-10
-11 Section 2.  W.S. 1-23-107(a), 1-39-104(a),
-12 1-39-118(f)(intro), 1-39-120(a)(intro), 18-2-111 and
-13 18-3-513(b) are amended to read:
-14
-15 1-23-107.  Individual liability of members of
-16 governmental agencies.
-17
-18 (a)  Notwithstanding W.S. 1-39-101 through 1-39-120
-19 and 1-39-125, the members of any governmental board,
-20 agency, council, commission or governing body are not
-21 individually liable for any actions, inactions or omissions
-22 by the governmental board, agency, council, commission or
-23 governing body.
-2026 STATE OF WYOMING 26LSO-0413
-
- 5 SF0094
-
-1
-2 1-39-104.  Granting immunity from tort liability;
-3 liability on contracts; exceptions.
-4
-5 (a)  A governmental entity and its public employees
-6 while acting within the scope of duties are granted
-7 immunity from liability for any tort except as provided by
-8 W.S. 1-39-105 through 1-39-112 and 1-39-122 through
-9 1-39-124 1-39-125. Any immunity in actions based on a
-10 contract entered into by a governmental entity is waived
-11 except to the extent provided by the contract if the
-12 contract was within the powers granted to the entity and
-13 was properly executed and except as provided in W.S.
-14 1-39-120(b). The claims procedures of W.S. 1-39-113 apply
-15 to contractual claims against governmental entities.
-16
-17 1-39-118.  Maximum liability; insurance authorized.
-18
-19 (f)  The liability imposed by W.S. 1-39-105 through
-20 1-39-112 and 1-39-125 may include liability for property
-21 damage in an amount less than five hundred dollars
-22 ($500.00) in cases in which no personal injury or death
-23 resulted, but only under the following conditions:
-2026 STATE OF WYOMING 26LSO-0413
-
- 6 SF0094
-
-1
-2 1-39-120.  Exclusions from waiver of immunity.
-3
-4 (a)  The liability imposed by W.S. 1-39-106 through
-5 1-39-112 and 1-39-125 does not include liability for the
-6 state or for any agency of the state for damages caused by:
-7
-8 18-2-111.  Judgment against county to be paid by tax
-9 levy; when execution to issue.
-10
-11 Except as provided in W.S. 1-39-101 through 1-39-120 and
-12 1-39-125 when a judgment is rendered against the board of
-13 county commissioners or any county officer the judgment
-14 shall be paid by a tax levied for that purpose and when
-15 collected shall be paid by the county treasurer to the
-16 judgment creditor upon the delivery of a proper voucher.
-17 Execution may issue on the judgment if payment is not made
-18 within sixty (60) days after the time required for the
-19 payment of county taxes to the county treasurer.
-20
-21 18-3-513.  Appeal on disallowance of claim.
-22
-2026 STATE OF WYOMING 26LSO-0413
-
- 7 SF0094
-
-1 (b)  When the appeal is perfected, the clerk of the
-2 board shall immediately give notice to the county attorney.
-3 The clerk shall make a brief return of the proceedings
-4 before the board with the decision properly certified and
-5 file the same together with the bond and all papers in the
-6 case in his possession with the clerk of the district
-7 court. The appeal shall be entered, tried and determined
-8 and costs awarded the same as appeals from circuit courts.
-9 This section does not apply to claims under W.S. 1-39-101
-10 through 1-39-120 and 1-39-125.
-11
-12 Section 3.  This act shall apply to all claims arising
-13 out of transactions or occurrences that occur on and after
-14 July 1, 2026.
-15
-16 Section 4.  This act is effective July 1, 2026.
-17
-18 (END)
+Prepared by:   Catherine Camarotte, LSO  Phone: 777-7881
+(Information provided by Rory L. Horsely, Dept. of Administration & Information,
+777-5010; Rodney Freier Jr., Department of Transportation, 777-4174)