Inclusion of crossing guards for governmental claims act.
Crossing guard volunteers and school district guards are now treated as public employees under Wyoming’s Governmental Claims Act.
Crossing guard volunteers and school district guards are now treated as public employees under Wyoming’s Governmental Claims Act.
Status: Enrolled Act No. 36 — Chapter No. 69 (2025). Introduced Jan 23, 2025; Governor signed; effective immediately upon enactment.
Purpose
- To amend the Wyoming Governmental Claims Act by explicitly including crossing guard volunteers and school district employees acting as roadway crossing guards within the Act’s definition of “public employee.”
Key provision
- Amend W.S. 1-39-103(a)(iv) by adding a new subparagraph (H):
- “Public employee” includes volunteers and school district employees acting as a roadway crossing guard on behalf of or in service of a public school district organized under W.S. 21‑3‑101 et seq.
What this changes / legal effect
- Crossing guard volunteers and school-district crossing guards are now explicitly treated as “public employees” for purposes of the Wyoming Governmental Claims Act.
- Practical implications (summary, not exhaustive):
- Claims arising from acts or omissions by crossing guards will be governed by the procedures, immunities, defenses, notice requirements and any remedies established in the Governmental Claims Act rather than entirely under ordinary tort law.
- Crossing guards acting in that role may be eligible for defense, indemnification or other protections the State or political subdivision provides to public employees under existing law and policy.
- Conversely, the State or local school district may be exposed to claims under the Act arising from crossing guard conduct (depending on facts and law).
- The amendment is narrowly targeted to roadway crossing guards serving public school districts.
Who is affected
- Crossing guard volunteers and school district employees who serve as roadway crossing guards.
- Public school districts (potential liability exposure, duty to administer and supervise crossing guard programs).
- Individuals injured or asserting claims related to crossing guard activity.
- State and local government legal/insurance processes (potential increase in claims handled under the Act).
Fiscal impact
- Fiscal note: Department of Administration and Information reports an indeterminable expenditure increase tied to potential legal claims against the State of Wyoming.
Legislative history & sponsors
- Sponsored by Senator Brennan (primary) with cosponsors Boner, Schuler, Smith, D; Representatives Andrew, Banks, Lawley.
- Passed Senate (29–2) and House (58–3–1); recommended Do Pass in Transportation committees; enrolled and signed by legislative leaders and the Governor in Feb 2025.
- Related: companion bill HF 1771; HF 767 was at one point attached/withdrawn in the legislative process.
Effective date
- Becomes effective immediately upon completion of all acts necessary for a bill to become law (i.e., upon enactment).
Compiled from official sources — confirm details with the bill’s official record.
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