§ 19-13-113 — State and political subdivisions exempt from liability; exceptions; license to practice not required; homeland security worker defined; recognized educational programs; real estate owners exempt from liability; criminal history record information

Wyoming § 19-13-113

• Jurisdiction: Wyoming
• Title 19: Defense Forces and Affairs
• Ch. 13: WYOMING OFFICE OF HOMELAND SECURITY
• Art. 1: IN GENERAL

Text

(a) All activities relating to homeland security are
governmental functions. The state, any political subdivision,
state agencies, and, except in cases of willful misconduct,
gross negligence or bad faith, any homeland security worker
complying with or reasonably attempting to comply with W.S.
19-13-101 through 19-13-116, any order, rule or regulation
promulgated thereunder, or pursuant to any ordinance relating to
blackout or other precautionary measures enacted by any
political subdivision of the state, or in training for such
activity, is not liable for the death of or injury to persons or
for damage to property as a result of the activity or training.
This section shall not affect the right of any person to receive
benefits to which he would otherwise be entitled under W.S.
19-13-101 through 19-13-116, under the Wyoming Worker's
Compensation Act, or under any pension law, nor affect the right
of any person to receive benefits or compensation under any act
of congress.
(b) Any requirement for a license to practice any
professional, mechanical or other skill does not apply to any
authorized homeland security worker who, in the course of
performing homeland security duties, practices a professional,
teaching, training, mechanical or other skill during a homeland
security emergency, in training for an emergency or during
homeland security exercises.
(c) As used in this section "homeland security worker"
includes any full or part-time paid, volunteer or auxiliary
employee of any state, territories or possessions of the United
States, the District of Columbia, any neighboring country, any
political subdivision thereof, or any agency or program
performing homeland security services at any place in this state
subject to the order or control of or pursuant to a request of
the state government or any political subdivision thereof and
includes instructors and students in recognized educational
programs where homeland security services are taught. A
recognized educational program includes programs in educational
institutions duly existing under the laws of this state and such
other educational programs as are established by the office of
homeland security or otherwise under this act.
(d) Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants a
license or privilege or otherwise permits the designation or use
of the whole or any part of the real estate or premises for the
purposes of sheltering persons during an actual, impending, mock
or practice exercise, together with his successors in interest,
is not civilly liable for negligently causing the death of or
injury to any person on or about the real estate or premises nor
for loss of or damage to the property of any person.
(e) The director may, as a condition for a position as a
homeland security worker, require prospective homeland security
workers to submit to fingerprinting in order to obtain state and
national criminal history record information.