The 2021 Wyoming Special Legislative Session.

September 16, 2021.

Governor Gordon has announced that he's pursuing a "two pronged" approach on the Biden Administration's plans to order vaccinations of employees who work for companies that employ over 100 people.

Governor Gordon: Biden’s Federal Overreach has Gone Too Far

Governor Joins with Legislative Leaders to Fight Against Vaccine Mandates

 

CHEYENNE, Wyo. – Governor Mark Gordon announced today a two-pronged plan to combat the federal overreach of the Biden Administration in proposing to mandate vaccinations. The first step involves the Attorney General preparing for legal action to stop the Biden-announced vaccine mandate for private employers. Although the details of this proposed new federal requirement are not yet released, it is important that Wyoming be ready to respond promptly and forcefully when it is issued.

“We cannot sit on our hands just watching this egregious example of federal government overreach,” Governor Gordon said. “We are already communicating with other Governors and states to prepare legal options once emergency standards are issued.”

Governor Gordon also indicated the second part of this strategy involves initial discussions with legislative leadership regarding the potential for a very focused and limited special session of the Legislature. Should the need arise, a special session could occur as soon as October and would be solely devoted to a small number of bills aimed at addressing overreach with regard to COVID-19 vaccine mandates.

“I thank the Legislature and the people of Wyoming for the trust they have put in me,” Governor Gordon said. “Wyoming is a conservative state with a constitution designed to constrain the actions of government, so special sessions are meant to be very rare. They cost taxpayer money, so they should never be frivolous. That is why legislative leadership and I will work together to ensure any potential special session held to respond to vaccine mandates will be focused, effective, and efficient.”

The Biden Administration has yet to issue new emergency standards for vaccine mandates. Those are expected to be issued in the coming weeks by the Occupational Safety and Health Administration (OSHA). Currently Wyoming runs a State Plan OSHA Program, which allows the State to manage and retain OSHA enforcement. If the state does not enforce the Biden Administration's temporary standard, Wyoming's ability to administer the program could be jeopardized.

“This is not a fire, ready, aim moment. We must be smart, thoughtful, and effective in the way we respond to these overreaching efforts by the Biden Administration. Responding prematurely is not in the best interests of Wyoming’s citizens or employers,” said Governor Gordon.

“Vaccines are an important tool that can help us to bring this pandemic under control. I am vaccinated myself and believe they are safe and effective. Nevertheless, I also understand others may have a different impression of the COVID-19 vaccine. In some cases, they are my neighbors and I respect their views just as I expect them to respect mine. This Biden mandate is counterproductive and will not convince anyone otherwise,” the Governor added.

“This matter should not go unanswered,” Senate President Dan Dockstader said. “We should explore every option. As we learn more about the specifics associated with these federal standards and vaccine mandates in general we can properly coordinate our response.”

“I am committed to working with my legislative colleagues and the Governor to ensure that as we consider a special session we are well-informed on the issues, judicious in our approach and the policy outcomes serve us well,” Speaker of the House Eric Barlow said.

Details on a potential special session will be finalized after the federal emergency standards are released and can be properly analyzed. If there is a need and ability for the Legislature to respond to the emergency standards, specific bills and the rules for the session will be drafted.

-END-

Part of that plan is a special legislative session.

The thing about that is, however, that it can't really legally do anything.  It'll generate bills, to be sure, but as far as the Biden Administration's plan itself, if it's legally valid, no act of a state legislature can touch it.

And a danger exists that if it is called, it'll expand beyond its called purpose.  There's always an effort to keep that from occurring, but in a year like this one. . . 

September 21, 2021

A Park County GOP official with a reputation for controversial speech lashed out at Sen. Tara Nethercott in a letter with vile invective and signed in an obscene manner due to her previous opposition to measures to attempt to nullify anticipated Federal mandates.

Nethercott politely responded within an hour, correctly pointing out the difficulties present in such legislation.  Indeed, those difficulties are pretty much insurmountable, which calls into question the entire point of calling a special session.  The Park County official resigned as secretary of the Park County GOP Men's Club, which he was pretty clearly asked to do, and the GOP in general is now debating what to do about his position as a precinct committeeman.

October 3, 2021

In spite of the fact OSHA has not yet issued a rule on vaccinations, the state's GOP leadership is making sounds that it's upset the Governor has not yet called a special session and is suggesting that the legislature itself might do it.

Whether an OSHA mandate would stand or not is purely a legal issues and its well established that anything the legislature would attempt itself would be unconstitutional.  Such attempts as state nullification have been attempted repeatedly and have universally failed.  That clearly argues against any legislation on the state side in and of itself.  Moreover, as it's now October, simply waiting for the general session makes as much sense as anything, if something is to be actually attempted.

No matter, the era we now live in is such that past examples will be disregarded, something will be attempted, and a court will strike it down, with much complaint about that after it's occurred.  The costs expended by the state, however, will not be recoverable.

October 9, 2021

A Sweetwater County legislator claims he will intorduce the following text in the legislature should a special session be called.

Offenses and penalties; defense of Wyoming citizens.

(a) No public servant as defined in W.S. 6-5-101,shall enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to mandating covid vaccination.

(b) Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government that violates this statue shall be guilty of a misdemeanor and, upon conviction, shall be subject to imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both.'

Introducing something and getting it passed, of course, are two different things and this is just a claim at this point.  It's worth nothing, however, that paragraph b would violate the Supremacy Clause of the U.S. Constitution and undoubtedly be struck down by any reviewing court.  Paragraph a would likely be as well.

Additionally, as has recently been pointed out by somebody else, legislators introducing such proposals are arguably violating their oaths of office to adhere to the U.S. Constitution.  This is never enforced, however.  Having said that, the violation may be one of ignorance of the text, rather than an intentionally disloyal act, as at the current time there are a lot of myths surrounding the Constitution in this area.  In that case, the violation probably isn't sanctionable.

October 13, 2021

About 50% of Wyoming's legislators voted to hold a special session in the first round of votes.  35% are needed in the first round.

A majority are needed for the second.

October 14, 2021

Draft bills are beginning to emerge.

Chuck Gray of Natrona County has requested the drafting of a bill that would ban making any employment decision based on vaccination status prohibited with a $500,000 civil relief provision available to any person so impacted.  The fine level is arguably unconstitutional

October 16, 2021

A second round of votes will bring us a special session, with 36 out of 59 House members, and 18 out of 30 members, voting to reconvene in Cheyenne.

This is less support, however, for the session than might have been supposed. A super majority is required to approve the agenda for a meeting, and those numbers would suggest that they may have a hard time obtaining one.  If that's the case, and its been the case historically, the special session will simply adjourn.

October 20, 2021

The legislature well convene for its special session late next week.   The session is set to run from October 26 to October 28.

According to the Tribune, this will cost the state $25,000 a day, in an era in which money has been tight, and with it being clear that anything passed will have very little chance of surviving the application of the Supremacy Clause.

Governor Gordon published an op-ed in the Tribune today which is essentially his attempt to explain why he didn't call the legislature into session while not making the section of the GOP that supports having done so upset.  He comes down big on the Constitution, but if that's the case, he'd be nearly obligated to veto anything the legislature passes as violative of the Supremacy Clause, which is undoubtedly not what he meant.

October 23, 2021

Twenty bills have been introduced for next week's special legislative session.

They are:

October Special Session
HB1001	COVID-19 vaccine employer mandates.	Greear	H Received for Introduction	10/22/2021
HB1002	Federal COVID vaccine mandates-prohibition and remedies-2.	Sommers	H Received for Introduction	10/22/2021
HB1003	COVID-19 discriminatory practices-prohibition-2.	Gray	H Received for Introduction	10/22/2021
HB1004	COVID-19 vaccinations-employer prohibition.	Gray	H Received for Introduction	10/22/2021
HB1005	COVID-19 vaccine mandate-exemptions.	Hallinan	H Received for Introduction	10/22/2021
HB1006	Vaccine requirements-limitations.	Labor	H Received for Introduction	10/22/2021
HB1007	COVID and mRNA vaccines-limitations and prohibitions-2.	Laursen	H Received for Introduction	10/22/2021
HB1008	Immunization status.	Fortner	H Received for Introduction	10/22/2021
HB1009	COVID-19 response.	Barlow	H Received for Introduction	10/22/2021
HB1010	Grace Smith Medical Freedom Act.	Andrew	H Received for Introduction	10/22/2021
HB1011	Medical Treatment Opportunity Act-2.	Revenue	H Received for Introduction	10/22/2021
HB1012	Healthcare professionals-right to prescribe medication-2.	Laursen	H Received for Introduction	10/22/2021
HB1013	Unemployment benefits-failure to comply with federal law.	Connolly	H Received for Introduction	10/22/2021
HB1014	COVID-19-prohibiting coercion-2.	Haroldson	H Received for Introduction	10/22/2021
HB1015	Vaccine incentives-state employees.	Sherwood	H Received for Introduction	10/22/2021
HB1016	Firemen's pension plan revisions.	Nicholas	H Received for Introduction	10/22/2021
HB1017	Schools-health mandate prohibition-2.	Bear	H Received for Introduction	10/22/2021
HB1018	Unemployment benefits-failure to comply with local law.	Connolly	H Received for Introduction	10/22/2021
HB1019	Wyoming gaming commission-scrivener error correction-2.	Flitner	H Received for Introduction	10/22/2021
HB1020	Penalties for mandating COVID-19 vaccinations-2.	Fortner	H Received for Introduction	10/22/2021
SF1001	COVID-19 Vaccine employer mandates-2.	Hicks	S Received for Introduction	10/22/2021
SF1002	Federal COVID vaccine mandates-prohibition and remedies.	Hicks	S Received for Introduction	10/22/2021
SF1003	COVID-19 discriminatory practices-prohibition.	Steinmetz	S Received for Introduction	10/22/2021
SF1004	COVID-19 vaccinations-employer prohibition-2.	Biteman	S Received for Introduction	10/22/2021
SF1005	COVID-19 vaccine mandate-exemptions-2.	Schuler	S Received for Introduction	10/22/2021
SF1006	Vaccine requirements-limitations-2.	Labor	S Received for Introduction	10/22/2021
SF1007	COVID and mRNA vaccines-limitations and prohibitions.	Bouchard	S Received for Introduction	10/22/2021
SF1008	Immunization status-2.	McKeown	S Received for Introduction	10/22/2021
SF1009	COVID-19 response-2.	Kinskey	S Received for Introduction	10/22/2021
SF1010	Grace Smith Medical Freedom Act-2.	Biteman	S Received for Introduction	10/22/2021
SF1011	Medical Treatment Opportunity Act.	Revenue	S Received for Introduction	10/22/2021
SF1012	Healthcare professionals-right to prescribe medication.	Bouchard	S Received for Introduction	10/22/2021
SF1013	Unemployment benefits-failure to comply with federal law-2.	Rothfuss	S Received for Introduction	10/22/2021
SF1014	COVID-19-prohibiting coercion.	Biteman	S Received for Introduction	10/22/2021
SF1015	Vaccine incentives-state employees-2.	Gierau	S Received for Introduction	10/22/2021
SF1016	Firemen's pension plan revisions-2.	Gierau	S Received for Introduction	10/22/2021
SF1017	Schools-health mandate prohibition.	McKeown	S Received for Introduction	10/22/2021
SF1018	Unemployment benefits-failure to comply with local law-2.	Rothfuss	S Received for Introduction	10/22/2021
SF1019	Wyoming gaming commission-scrivener error correction.	Ellis	S Received for Introduction	10/22/2021
SF1020	Penalties for mandating COVID-19 vaccinations.	James	S Received for Introduction	10/22/2021

October 26, 2021

A vote will be held today on whether to limit debate.

Limiting debate will be necessary to plow through 20 bills, but all of the Democrats and some Republicans, including conservative Cale Case, have indicated they will vote no.  Case feels that this is not in keeping with Wyoming's tradition.

Some of the bills have a better chance of passing than others.  One with low sponsorship is HB1020, which has a notable fine provision.

2021

STATE OF WYOMING

21LSO-1056

 

 

 

HOUSE BILL NO. HB1020

 

 

Penalties for mandating COVID-19 vaccinations-2.

 

Sponsored by: Representative(s) Fortner and Senator(s) James

 

 

A BILL

 

for

 

AN ACT relating to offenses by public officials; prohibiting COVID 19 vaccination mandates as specified; providing penalties; providing definitions; amending specified sections related to retirement benefits; and providing for an effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 6‑5‑119 is created to read:

 

6‑5‑119.  Offenses and penalties regarding federal COVID‑19 vaccine mandates; defense of Wyoming citizens.

 

(a)  As used in this section:

 

(i)  "COVID‑19 vaccine" or "COVID‑19 vaccination" means any vaccine that is marketed to prevent COVID‑19 or any vaccine that is marketed to diminish or decrease the symptoms of COVID‑19;

 

(ii)  "Fine" as used in this section is intended to mean an amount equal to either the amount of money the federal government is fining the Wyoming entity in question due to noncompliance with a federal COVID‑19 vaccine mandate or the amount of money the federal government is withholding in federal funds for Medicare or other services in retaliation for noncompliance with a federal COVID‑19 vaccine mandate;

 

(iii)  "Public entity" means as defined by W.S. 16‑6‑101(a)(viii);

 

(iv)  "Public servant" means an employee or elected official of a public entity.

 

(b)  No public servant shall enforce or attempt to enforce any act, order, law, statute, rule or regulation of the United States government regarding mandating COVID‑19 vaccinations or mandating the use or prohibition of any other form of COVID‑19 preventative treatment that includes but is not limited to a nasal spray, pill or tablet.

 

(c)  No public entity shall adopt any rule, regulation or policy which attempts to enforce or require a COVID‑19 vaccination mandate or the mandate or prohibition of an administration of a COVID‑19 preventative treatment as a condition  of participation in the curriculum, services, programs, activities or operations of the public entity. 

 

(d)  Any public servant who violates subsection (b) or (c) of this section shall be guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than ten million dollars ($10,000,000.00), or both.

 

(e)  In addition to the criminal penalties in subsection (d) of this section, a public servant who violates subsection (b) or (c) of this section shall be:

 

(i)  Terminated from his employment or removed from his office and shall no longer qualify for employment by any public entity in Wyoming;

 

(ii)  Ineligible to obtain any benefits under the retirement plan he receives or is entitled to receive in the future due to his employment with a public entity in Wyoming.

 

(f)  Any person aggrieved by a public servant due to a violation of this section, including but not limited to requiring a person to take unpaid leave from their employment due to not abiding by a COVID‑19 vaccine mandate, shall have the ability to file a cause of action against that public servant.

 

(g)  Any federal official, agent, contractor or employee of the United States who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government regarding COVID‑19 vaccinations or any other form of preventative treatment, which includes but is not limited to a nasal spray, pill or tablet, shall be guilty of a misdemeanor and, upon conviction, shall be punishable by imprisonment for not more than one (1) year, a fine of not more than ten million dollars ($10,000,000.00), or both.

 

Section 2.  W.S. 1‑20‑110(a)(i) through (iii) and (v), 9‑3‑426(a)(ii), 9‑3‑620(a), 9‑3‑712(a), 15‑5‑209(a), 15‑5‑313(c) and 15‑5‑422(a) are amended to read:

 

1‑20‑110.  Exemption for retirement funds and accounts.

 

(a)  The following are exempt from execution, attachment, garnishment or any other legal process:

 

(i)  The interest of an individual or beneficiary in a retirement plan, except as provided by W.S. 6‑5‑119(e)(ii);

 

(ii)  Money or other assets payable to an individual from a retirement plan, except as provided by W.S. 6‑5‑119(e)(ii);

 

(iii)  The interest of a beneficiary in a retirement plan if the beneficiary acquired the interest as the result of the death of an individual, except as provided by W.S. 6‑5‑119(e)(ii). The beneficiary's interest is exempt to the same extent that the individual's interest was exempt immediately before the death of the individual;

 

(v)  Money or other assets payable to a beneficiary from a retirement plan if the beneficiary acquired the money or other assets as the result of the death of an individual, except as provided by W.S. 6‑5‑119(e)(ii). The beneficiary's interest is exempt to the same extent that the individual's interest in the money or other assets was exempt immediately before the death of the individual.

 

9‑3‑426.  Benefits, allowances and contents of account exempt from taxation and not subject to execution or attachment except as specified; assignment limited; qualified domestic relations order; system assets.

 

(a)  The benefits and allowances and the cash and securities in the account created by this article:

 

(ii)  Are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process whatsoever, except as provided by W.S. 6‑5‑119(e)(ii);

 

9‑3‑620.  Exemption of benefits from state and local taxes, execution and attachment except as specified; benefits paid under qualified domestic relations order.

 

(a)  Benefits and allowances set forth under this article are exempt from any state, county or municipal tax and are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process, except as provided by W.S. 6‑5‑119(e)(ii), and are not assignable except as specially provided in this article.

 

9‑3‑712.  Exemption of benefits from state and local taxes, execution and attachment except as specified; benefits paid under qualified domestic relations order.

 

(a)  Benefits and allowances set forth under this article are exempt from any state, county or municipal tax and are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process, except as provided by W.S. 6‑5‑119(e)(ii), and are not assignable except as specially provided in this article.

 

15‑5‑209.  Payments; when and how made; protections; nonassignability; qualified domestic relations order.

 

(a)  Payments made under this article shall be made to the beneficiaries on or before the fifth day of each month and shall be made by voucher approved by the board or its designee drawn against the firemen's pension account and paid by the board out of the account. No payments made under this article are subject to judgment, attachment, execution, garnishment or other legal process, except as provided by W.S. 6‑5‑119(e)(ii), and are not assignable nor shall the board recognize any assignment nor pay over any sum assigned.

 

15‑5‑313.  Pension application; when payments made and benefits suspended; pension protections.

 

(c)  The cash and securities while in the account created by this article are exempt from any state, county or municipal tax of this state, and are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process whatsoever, except as provided by W.S. 6‑5‑119(e)(ii), and are not assignable.

 

15‑5‑422.  Payments; when and how made; protections; nonassignability; qualified domestic relations order.

 

(a)  Payments made under this article shall be made to the beneficiaries on or before the fifth day of each month. Payments shall be made by voucher drawn against the firemen's pension account and paid by the state auditor out of the account or using an appropriate alternative method approved by the state auditor. No payments made under this article are subject to judgment, attachment, execution, garnishment or other legal process, except as provided by W.S. 6‑5‑119(e)(ii), and are not assignable nor shall the board recognize any assignment nor pay over any sum assigned.

 

Section 3.  This act is effective immediately upon completion of all acts necessary for a  bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.