Wyoming § 1-39-102 Purpose

Wyoming Statutes

§ 1-39-102 — Purpose

Wyoming § 1-39-102

Title 01Civil Procedure

Ch. 39GOVERNMENTAL CLAIMS

This text of Wyoming § 1-39-102 (Purpose) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyo. Stat. Ann. § 1-39-102 (2026).

Text

(a)The Wyoming legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the doctrine of governmental immunity and is cognizant of the Wyoming Supreme Court decision of Oroz v. Board of County Commissioners 575 P. 2d 1155 (1978). It is further recognized that the state and its political subdivisions as trustees of public revenues are constituted to serve the inhabitants of the state of Wyoming and furnish certain services not available through private parties and, in the case of the state, state revenues may only be expended upon legislative appropriation. This act is adopted by the legislature to balance the respective equities between persons injured by governmental actions and the taxpayers of the state of Wyoming whose revenues are u

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(a) The Wyoming legislature recognizes the inherently
unfair and inequitable results which occur in the strict
application of the doctrine of governmental immunity and is
cognizant of the Wyoming Supreme Court decision of Oroz v. Board
of County Commissioners 575 P. 2d 1155 (1978). It is further
recognized that the state and its political subdivisions as
trustees of public revenues are constituted to serve the
inhabitants of the state of Wyoming and furnish certain services
not available through private parties and, in the case of the
state, state revenues may only be expended upon legislative
appropriation. This act is adopted by the legislature to balance
the respective equities between persons injured by governmental
actions and the taxpayers of the state of Wyoming whose revenues
are utilized by governmental entities on behalf of those
taxpayers. This act is intended to retain any common law
defenses which a defendant may have by virtue of decisions from
this or other jurisdictions.
(b) In the case of the state, this act abolishes all
judicially created categories such as "governmental" or
"proprietary" functions and "discretionary" or "ministerial"
acts previously used by the courts to determine immunity or
liability. This act does not impose nor allow the imposition of
strict liability for acts of governmental entities or public
employees.