Sunday, October 31, 2021

Friday October 31, 1941. Did you have a friend on the Good Reuben James?

On this day in 1941 the USS Reuben James, a destroyer, was sunk by a U-boat while escorting merchant ships.  The destroyer was not flying the US ensign at the time and therefore wouldn't have been completely easy for a U-boat to identify as a US ship.  At the time it was hit, it was dropping depth chargers on another U-boat, although ironically the U-552 was actually aiming for the merchant ship, which was carrying ammunition, at the time it was hit.

100 sailers were killed in the strike, only 44 survived. The ship sank rapidly.

The event resulted in a notable folk song by Woody Guthrie.

While tragic, the event was another example of the United States really crossing the line on what a neutral could do.  The ship wasn't flying the US ensign and it was attempting to sink a U-boat when it was instead sunk itself.  Perhaps realizing that this was of a certain type of nature, the American public didn't rush towards war as a result of the sinking, as it likely would have done in 1917.

Guthrie's song was perhaps a natural for him.  He was a communist and had been, therefore, an "anti fascist" since the Spanish Civil War days. The US entry into the war would lead him to be concerned about being conscripted into the Army, when the war came, and he actively attempted to receive an assignment through the Army to the USO, and effort which not too surprisingly failed.  He then joined the Merchant Marines, which was a role that was actually more dangerous than being a combat infantryman.  He served as a Merchant Marine from June 1943 until 1945, when his status as a communist resulted in the government requiring his discharge from that service.  In July 1945 he was conscripted into the U.S. Army.  

Guthrie's relationship with the Federal Government was an odd one.  During the Depression and even after he was commissioned to write songs for the government, and famously wrote a set of songs associated with damming the Columbia River.  He was a true musical genius of the folk genre, and while he was openly a communist or communistic,it probably only really shows strongly in one of his songs, the much misunderstood This Land Is Your Land.  He died in 1967 at age 55 of Woody Guthrie's Disease.  He was the father, of course, of musical legend Arlo Guthrie.

Final drilling took place on the monuments at Mt. Rushmore. This is regarded as the project's completion.

Mt. Rushmore, October 2011















Nazi Germany imposed a heavy "sin tax" on this date in 1941, which it claimed was to reduce consumption of unhealthful products.  The tax was on tobacco, hard liquor and champagne.

Health measure or not, by this point in the war the German economy had been overheated for a decade and things were getting worse. The Nazis did legitimately oppose tobacco consumption and were aware of its health dangers in a pioneering manner.  Hitler, who had weird dietary views, was a teetotaler but the more likely reason for the tax on hard liquor and champagne was that they needed the money and the production of both resulted in caloric diversions that could have been better invested in other agricultural products.  The Nazis did not attempt to take on beer, however.

The Best Post Of The Week of October 24, 2012

 The best posts of the week of October 24, 2012.

Cliffnotes of Zeitgiest Part XXI. The Missing. States of female dress, Joking, Pride, Horses, Justin Trudeau sorry for skipping first national truth and reconciliation day, and heroes.











The 2021 Wyoming Special Legislative Session, Part III. The unvarnished views addition.

Saturday, October 30, 2021

Thursday, October 30, 1941. A Change In Material Circumstances

 


On this date in 1941, T-34s began to appear in action in numbers for the first time.

In other technological, if you will, news, Northrup received a contract for one full-scale mockup, and one actual flying experimental example, of its flying wing design.

Northrup XB-35 experimental flying wing bomber.

The revolutionary design would not fly until after the war and would not see adoption until modern stealth technology arrived, at which time Northrup's design would reappear, evolved, as the Northrup B-2 Spirit.

At Tula, the Germans attempted a pitched massive assault but Soviet forces, some of which were militia, turned them back in spite of suffering heavy losses.  The Soviets used anti tank guns and anti-aircraft guns in the effort.

The Germans and Romanians commenced the Siege of Sevastopol.  It would take the Axis forces until July to take the city.

Charles Lindbergh spoke to an anti-war rally crowd of 20,000 in Madison Square Garden.  His speech was very harsh on Franklin Roosevelt, whom he accused of attempting to draw the United States into war and of using dictatorial measures.

USO Camp Shows commenced on this day in 1941, as discussed in the link below:

Today in World War II History—October 30, 1941

A u-boat damaged the USS Salinas, a U.S. Navy fleet oiler, but the vessel managed to escape without sinking.

Pearl Harbor, October 30, 1941.

Sunday October 30, 1921. Failed union.

Evelyn Nesbit standing beside two women in her tearoom, New York City.  This photo was likely published on this day, rather than taken on this day. Nesbit had been a famous actress and model who had been associated with sensational news.  At this point, she was temporarily outside of the entertainment industry.

On this day in 1921, voting took place in Guatemala, Honduras, and El Salvador, to elect a congress for the newly created, but not yet functioning, and in fact never to function, Federation of Central America. The Congress was to take office on January 15, 2022.

It nearly goes without saying that if this union of Central American states had succeeded, the region would be much better off today.

Pandemic Part 6. The Delta Surge


 July 30, 2021

Ready or not, and probably not, the Delta variant of SARS-CoV-2 has entered the state and infections are rapidly rising, concentrated among those who have not received a vaccination.

The state health officer has asked for Wyomingites to mask back up indoors in areas of  moderate to high transmission, which includes Laramie and Natrona Counties.

In Colorado, certain counties have been pointed out as areas of rapidly rising infections as well, including Denver County, where the recent Major League Baseball game and a concert are now regarded as superspreader events.

As a background to all of this, it's very clear that the global population is nowhere near the "herd immunity" level which is necessary to render COVID 19 extinct.  Perhaps this isn't too surprising, given the monumental nature of the effort necessary to achieve it, but what is surprising is that the developed world hasn't achieved it and the United States is clearly lagging far behind. This, too, comes at a point in time at which it nearly looked as if success had been achieved.

In the US a strong feature of the ongoing pandemic is a refusal of a certain part of the population to receive the vaccination that prevents it, this making the disease cross over from one which lurks ready to strike anyone to one which at this point is a preventable disease. Preventable disease itself has become the hallmark of modern American medical situations, in that most of the diseases that are real killers in the US are actually ones that are preventable.

Future historians and sociologist will study this in depth to attempt to determine what happened here.  We'll leave that for the time being, but what we would note is that the culture of the pandemic has really changed.  For the vaccinated the refusal to get the vaccine is absolutely baffling.  Many of those not vaccinated cite personal freedom as the basis of their views, but personal freedoms have always yielded in the United States to public emergencies with examples simply too numerous to mention.  Given this, at this point, many public entities are simply done with allowing for personal choice and have determined to make life difficult for those not getting vaccinated, up to and including firing those who refuse to receive vaccines.  The Federal Government is an all out effort to vaccinate its servants who remain unvaccinated, and President Biden is about to order the military to be fully vaccinated, something it amazingly has not implemented yet.

While it's a grim prognostication, in my view it's too late.  Whatever the hesitancy is caused by, we're going to be in for a third wave of the pandemic.  Many of the victims this time, indeed most of them, will be vaccination hold outs.  If the US achieves herd immunity, which is unlikely, it'll be through the rapid spread of the Delta variant of the disease among that population, which would be a tragic and lethal way to achieve it.  Having said that, and seemingly unnoticed by the unvaccinated, a growing bitter resentment against them by the vaccinated is really building with the distinct view that the unvaccinated are being lethally selfish.  With that being the case, there are now open comments in some quarters about simply letting the unvaccinated go ahead and risk death without sympathy from anyone else.  There is also building support for private employers to require vaccinations of employees.

The great added problem all of this is creating is that there is now a very real risk that the disease will evolve a vaccine resistant strain, setting everything back.  If that occurs, and my guess is that this is now inevitable, all the progress to date will be lost, and we'll return to the strict restrictions, and stricter, that were only recently lifted.  There will be enormous resistance to doing so, but a disease that's now killed 600,000 Americans will be in the gate to double that death toll, potentially, and the next public health crisis that results will be at least as severe as the current one.  My guess is we're mere weeks away from such a strain emerging somewhere.

In terms of the "somewhere", there are still vast reaches of the globe were very few are vaccinated and wish to be.  This is also a massive problem. Whereas in the United States the disease is circulating among those who, for the most part, could avoid it if they wished to, in the Third World it's circulating at a largely unknown rate among those who would avoid it if they could, but can't.

As noted, this will be a source for a great amount of study in the future.  How did a country which was a scientific and medical leader in the mid 20th Century end up one in which medicine was so disregarded?  Reading about it will be fascinating for future students of human behavior and history.  Living it, however, and seeing those dying in it, is quite a bit different.

August 1, 2021

The producers of a Clifford The Big Red Dog movie have pulled its release due to the Delta variant surge.

August 2, 2021

Dr. Fauci warned of more pain and suffering ahead, but didn't foresee shutdowns on the basis that there were sufficient numbers of vaccinated people to avoid them.

Senator Barrasso argued the CDC should be sued and found liable for malpractice, and urged people to get vaccinated.

August 3, 2021

And here we have a current, sobering, look at how the globe is doing in terms of vaccination progress.

Senator Lindsay Graham reports he has a break through case of COVID 19.

As can be seen, the US, in spite of vaccine resistance, is doing pretty well. It needs to do better.  Canada, which was having problems with vaccination rates for a while, has pulled head of the pack in terms of major nations.  Not noted on this chart, some small countries and ones with very unified governmental structures have achieved 100% vaccination.  The US, given the amount of vaccine it has, could rank right up there with Canada, but the curious political season, etc., has frustrated that.  Nonetheless, the US just hit 70% initial vaccination, so it's getting there, and the recent outbreak of the Delta variant has seemed to spark an increase in first time vaccinations.

In the Third World, however, vaccination rates are a disaster due to lack of vaccine. And given that, new variants of the disease are undoubtedly evolving.

August 4, 2021

As posted on another thread, the CDC has reimposed the moratorium on evictions.

August 5, 2021

Governor Gordon announced that he will not impose a mask requirement on schools this upcoming school year, leaving any such move to local districts.

Outside perhaps of Teton County, there is no political will for such a requirement, and therefore it will not occur.

Local hospitalizations have climbed back to the rate they were at this past January.

Japan is expanding its Covid restrictions.  China is reimposing its Draconian closures on some areas within its borders.

August 11, 2021

The University of Wyoming has reinstated a mask mandate.

Hawaii has reinstated restrictions.  Oregon is imposing indoor mask requirements.

August 17, 2021

Governor Gordon has indicated Wyoming will not being intervening in COVID in any fashion in spite of the increased numbers.

While not put this way, the politics of events are such that the state simply isn't going to act no matter how bad the spread of the Delta variant becomes.  While there's a chance one or two counties might, it's only a chance.

The Governor's office itself was shut down recently due to a COVID  infection.  The question does remain on whether some agencies with a high degree of independence might act on their own, but so far there is no hint that they shall.

In contrast, a single case has sent New Zealand back into a lockdown.

August 18, 2021

Wyoming's COVID death rate returned to the level it was in February.

New Mexico has put a mask mandate in place.

Pope Francis urged the unvaccinated to get vaccinations.  This came in the form of an advertisement for the US Ad Council backing vaccines.

Given this, perhaps it should be noted that Cardinal Raymond Burke, a highly respected and conservative Catholic Bishop, has been hospitalized for COVID 19. Cardinal Burke has been a critic of the vaccination efforts for various reasons and has somewhat gone from a respected critic of Pope Francis to a slightly sidelined critic whose views on some things bordered on becoming extreme.

August 21, 2021

Vaccination rates in Wyoming are now dramatically rising. So are infections, but this seems to have gotten the message through to a lot of people on vaccination.

August 28, 2021

Teton County has imposed a mask mandate.

September 1, 2021

Hot Springs County's schools are going virtual for thirteen days due to a COVID spike.

The National Guard is assisting clinics in Billings, Montana, due to a spike there.  The Idaho National Guard has been called out in that state for the same purpose.

Anti-vaxxers shut down a mobile vaccination clinic in Georgia.

September 2, 2021

Governor Gordon indicated Wyoming will not impose a mask mandate.

As a practical matter, there simply exists no political will to do this in the state at this point in time.

On a personal note, I now know one (unvaccinated) individual who has died of the Delta variant and another (unvaccinated) person who is going to, ages 60 and 40 respectively.

September 3, 2021

30% of the patients at Casper's Wyoming Medical Center are in the hospital due to COVID 19.  Most are under 65.

The school district will require individuals out of work due to COVID to take the time from their sick leave.

September 5, 2021

The hospital in Sweetwater County opened an additional wing to handle the influx of COVID 19 patients.

September 9, 2021

President Biden has asked OSHA to mandate that employers with over 100 employees be mandated to require those employees to have COVID 19 vaccinations.  He's also signed an executive order which will require Federal contractors to have COVID 19 vaccinations.

Over 100,000,000 Americans will be covered by the orders.

Governor Gordon, probably sensing more the wind where he lives than giving expression to his own opinions, or at least I suspect, noted the following:

Governor Gordon Statement Opposing Biden Administration's Vaccine Mandates

 

CHEYENNE, Wyo. – Governor Mark Gordon has issued the following statement in response to today's announcement by the Biden Administration mandating COVID-19 vaccinations

“The Biden Administration’s announcement to mandate COVID-19 vaccinations or weekly testing for private businesses is an egregious example of big government overreach.

Our Constitution was written and fought for to protect our liberties as American citizens. This administration’s latest pronouncement demonstrates its complete disregard for the rule of law and the freedoms individuals and private companies enjoy under our Constitution. In Wyoming, we believe that government must be held in check.

I have asked the Attorney General to stand prepared to take all actions to oppose this administration’s unconstitutional overreach of executive power. It has no place in America. Not now, and not ever.”

This puts Attorney General Bridget Hill in the position of filing doomed litigation, or litgation that will be moot by the time it is taken up, but as a posturing matter, this no doubt really doesn't matter.

The Northern Arapaho Tribe, taking the opposite approach, is mandating that its employees be vaccinated.

Los Angeles' school district, the second largest in the nation, is requiring vaccinations for indivdiuals age 12 and up.

September 10, 2021

Laramie County's school district has mandated that students wear masks indoors.

September 11, 2021

France has banned unvaccinated U.S. tourists from entering the country.

The CDC released a study that the unvaccinated were 4.5 times more likely to get COVID 19 and 11 times more likely to die.

September 15, 2021

The legislature is apparently considering a special session to consider the Administration's COVID 19 mandates.

This would really be an odd exercise as the one that the legislature would be likely to be the most upset about, the OSHA entry into vaccination requirements, hasn't come into effect yet and is extremely likely to be tested in court before it does. Anything the legislature does will come up against the Supremecy Clause of the U.S. Constitution and therefore be ineffective, if it goes into effect, and put the state into a fight with the Administration where it can't win, but where it can end up spending money that it doesn't have.  It'll also serve to really fire up polarization in an area, and era, in which everything is already extremely polarized.

September 17, 2021

The University of Wyoming is extending its mask mandate through the fall.

The 2021 Wyoming Special Legislative Session.

September 21, 2021

The Pfizer accounted that its vaccination is safe for children 5 through 11 years of age.

The number of Americans who have died of COVID 19 has supassed the number who died from the 1918 Influenza, a number which must be tempered i consideration if we take into account that the country had about 1/3d of its current population at the time, meaning that the 1918 flu was still far more devestating, at least so far.

The school nurse in the Pine Bluffs school district resigned after that district's board determined to continue to allow children exposed to COVID 19 to attend school, as long as they wore masks. Citing the act and its impact on her professionally and personally, she resigned.

September 22, 2021

Governor Activates Wyoming National Guard to Provide Hospital Assistance

September 21, 2021

CHEYENNE, Wyo. – Wyoming’s hospitals have sought additional support to respond to the COVID-19 pandemic and the surge in hospitalized patients. There are approximately 200 people with COVID-19 in Wyoming hospitals today, which is near the peak number the state has seen during the pandemic. Governor Mark Gordon has activated guardsmen who have stepped forward to provide temporary assistance to hospitals throughout the state.

Governor Gordon has called approximately 95 Soldiers and Airmen to State Active Duty orders, assigned to hospital locations at 24 different sites within 17 Wyoming cities. They will serve to augment current hospital and Wyoming Department of Health staff to help ease workloads imposed upon them due to large numbers of COVID-19 hospitalizations.

“I am grateful to the members of our Wyoming National Guard for once again answering the call to provide assistance in our hospitals during this surge,” Governor Gordon said. “Our Guard members truly are Wyoming’s sword and shield, and their commitment to our state is something for which every Wyoming citizen can be thankful.”

Guard members’ responsibilities will include: assisting in environmental cleanup in hospital facilities; food and nutrition service; COVID-19 screening; managing personal protective equipment (PPE) supplies; and other support tasks. Some will also be trained to administer COVID-19 tests.

“The Delta variant has overwhelmed the medical institutions of states across this country. Our state is no different with most hospitals at or near capacity,” said Col. David Pritchett, director of the joint staff for the Wyoming National Guard. “The Soldiers and Airmen of the Wyoming National Guard are proud to jump back in to provide much needed assistance to our communities as we continue to battle the effects of COVID-19.”

The orders for guardsmen will be 14-30 day rotations, with the potential to extend beyond that, up until Dec. 31. The numbers and locations of guardsmen may change based on hospital needs.

--END--

September 24, 2021

In the reverse of the seeming norm, a lawsuit has been filed in Montana seeking to overturn a law there which probhibits employers from mandating vaccinations and masks.

October 8, 2021

120 American children have lost at least one parent due to a COVID 19 death.

October 9, 2021

Casper's ICU is full.

More Americans have died in 2021 of COVID 19 than in 2021 at this point.

A female student in Laramie was suspended for refusing to wear a mask and then arrested as she refused to leave school grounds.

News anchor Cheryl Hackett was terminated from KCWY for refusing to adhere to her employer, Gray Media's, vaccine mandate.  She is the second person in a Wyoming Gray Media outlet to be terminated for this reason in a week.

October 13, 2021



October 13, 2021

Governor Gordon Further Prepares Legal Challenge of Federal Overreach on Vaccine Mandates

 

CHEYENNE, Wyo. – Governor Mark Gordon is taking action to oppose President Biden’s COVID-19 vaccine mandates. The Governor and the Attorney General continue to prepare the State’s legal challenge to the threat of the Biden Administration’s proposed vaccine mandates, when they are finalized. It should be noted that the Biden Administration has yet to issue any specific policies that can be challenged in court.

“Four weeks ago, when the President issued his announcement regarding vaccine mandates, I immediately instructed Attorney General Hill to prepare for legal action to oppose this unconstitutional overreach,” Governor Gordon said. “Attorney General Hill has begun that mission and is continuing to strengthen alliances, improve potential arguments, and consider appropriate strategies.”

Governor Gordon noted that a joint letter from 24 attorneys general explained that the President’s edict is broad, inexact, and utilizes a rarely-used provision in Federal law that allows it to be effective immediately.

“This coalition of Attorneys General is well-prepared to fight the Biden Administration in courts when the time is right, and I am committed to using every tool available to us to oppose federal rules, regulations, and standards whenever they overreach. We are prepared to act promptly once these mandates are finally issued,” the Governor said. “Wyoming will not stand idly by to see any erosion of the constitutional rights afforded our citizens and their industries.” 

As the state prepares for its legal battle with the federal government, Governor Gordon stressed that as a conservative Republican, he continues to stand for smaller government that is closest to the people. Governor Gordon reiterated, “Government must resist the temptation to intrude in private sector interests.”

“It is neither conservative nor Republican to replace one form of tyranny with another,” he added. “Doing so is antithetical to our American form of government, even if it is for something we like. I will stand firm against unconstrained governmental overreach regardless of where or when it occurs.”

-END-

Politically Governor Gordon has nearly no choice but to take this approach, and of course he's faced with a special session of the legislature as well, something he may be trying to avoid. But the legal prospects for such a suit are small.

October 22, 2021

Russia is experiencing a record COVID surge.

More Wyomingites are presently hospitalized due to COVID 19 than at any prior point in the pandemic.  Deaths have also hit an all time weekly high. Almost all of the new victims are unvaccinated.

One in five of the prisoners in the Wyoming State Prison presently are infected with the disease.

October 24, 2021

The unvaccinated can expect to get COVID 19 every sixteen months, according to a recent study.

October 30, 2021

Wyoming has joined ten other states in a doomed effort to litigate the question of whether the Federal Government can require employees of its contractors to be vaccinated.

The rule hasn't gone into effect  It will in December.  It's unlikely this issue will be resolved by December, but when it is, it'll be resolved in favor of the Federal government.

Prior Threads:

Pandemic Part 6.









Friday, October 29, 2021

National Cat Day


 

October 29, 1941. Never Give In.


The SS murdered over 8,000 Jewish residents of Kaunas Lithuania.  Men, women and children were included in the massacre.

The Germans assaulted Tula and were turned back.  Yesterday I noted Guderian's weird comment about  the town, but what was omitted from the quote is that Tula gave the Germans the dope slap. They'd never take it.  The "blond girl", as it was, wasn't yielding to German advances.

They did take Vololamsk outside of Moscow, but in an effort that expended so many resources that it caused them to have to halt.

In essence what was occurring was the end of Operation Barbarossa and Operation Typhoon, part of it.  The Germans had been facing increasing Soviet resistance for weeks, but up until now, save for Leningrad, the Red Army had always been defeated.  Now, it wasn't being.  It was not only slowing the Germans down, in some places it had stopped yielding entirely.  German advances, on the other hand, were evolving from rapid forays with occasional sieges, to outright pitched battles involving massive losses.



Churchill delivered a speech destined to become famous at Harrow, with it being known as the "Never Give In" speech.

Almost a year has passed since I came down here at your Head Master's kind invitation in order to cheer myself and cheer the hearts of a few of my friends by singing some of our own songs. The ten months that have passed have seen very terrible catastrophic events in the world — ups and downs, misfortunes — but can anyone sitting here this afternoon, this October afternoon, not feel deeply thankful for what has happened in the time that has passed and for the very great improvement in the position of our country and of our home? Why, when I was here last time we were quite alone, desperately alone, and we had been so for five or six months. We were poorly armed. We are not so poorly armed today; but then we were very poorly armed. We had the unmeasured menace of the enemy and their air attack still beating upon us, and you yourselves had had experience of this attack; and I expect you are beginning to feel impatient that there has been this long lull with nothing particular turning up! 
But we must learn to be equally good at what is short and sharp and what is long and tough. It is generally said that the British are often better at the last. They do not expect to move from crisis to crisis; they do not always expect that each day will bring up some noble chance of war; but when they very slowly make up their minds that the thing has to be done and the job put through and finished, then, even if it takes months — if it takes years — they do it. 
Another lesson I think we may take, just throwing our minds back to our meeting here ten months ago and now, is that appearances are often very deceptive, and as Kipling well says, we must "...meet with Triumph and Disaster. And treat those two impostors just the same." 
You cannot tell from appearances how things will go. Sometimes imagination makes things out far worse than they are; yet without imagination not much can be done. Those people who are imaginative see many more dangers than perhaps exist; certainly many more than will happen; but then they must also pray to be given that extra courage to carry this far-reaching imagination. But for everyone, surely, what we have gone through in this period — I am addressing myself to the School — surely from this period of ten months this is the lesson: never give in, never give in, never, never, never, never-in nothing, great or small, large or petty — never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy. We stood all alone a year ago, and to many countries it seemed that our account was closed, we were finished. All this tradition of ours, our songs, our School history, this part of the history of this country, were gone and finished and liquidated. 
Very different is the mood today. Britain, other nations thought, had drawn a sponge across her slate. But instead our country stood in the gap. There was no flinching and no thought of giving in; and by what seemed almost a miracle to those outside these Islands, though we ourselves never doubted it, we now find ourselves in a position where I say that we can be sure that we have only to persevere to conquer. 
You sang here a verse of a School Song: you sang that extra verse written in my honour, which I was very greatly complimented by and which you have repeated today. But there is one word in it I want to alter — I wanted to do so last year, but I did not venture to. It is the line: "Not less we praise in darker days." 
I have obtained the Head Master's permission to alter darker to sterner. "Not less we praise in sterner days." 
Do not let us speak of darker days: let us speak rather of sterner days. These are not dark days; these are great days — the greatest days our country has ever lived; and we must all thank God that we have been allowed, each of us according to our stations, to play a part in making these days memorable in the history of our race.

A ten-month-long boycott of radio broadcasters by ASCAP was revolved.

Cole Porter's musical play, Let's Face It, was released.  Wikipedia describes the plot thus:

Three suspicious wives, Maggie Watson, Nancy Collister and Cornelia Pigeon invite three Army inductees to Maggie's summer house in Southampton on Long Island to make their husbands jealous. Jerry Walker is engaged to Winnie Potter, and, because he needs the money, agrees to the plot. The wives's philandering husbands leave on yet another camping trip. Winnie, hearing of Jerry's involvement, brings in two friends (who are actually girlfriends of the other two soldiers) to pretend to be interested in the older men. The husbands actually do go fishing. Winnie and her friends crash Maggie's party and the husbands unexpectedly return home.

I think I'd have passed on this one.

Saturday, October 29, 1921. The birth of Bill Mauldin.

On this day in 1921, Bill Mauldin, the great World War Two illustrator (cartoon doesn't suffice to describe his work) was born in New Mexico.

Mauldin while a Stars and Stripes cartoonist.  Mauldin was a tiny man and always looked younger than his hears.  Here he's wearing a mixed uniform, including the wool lined zipper pattern field jacket that some mistakingly now refer to as a "tanker's jacket", a khaki shirt, OD trousers, and paratrooper boots. The boots were a gift from paratroopers.


Mauldin would ultimately become a Pulitzer Prize winning political cartoonist for the Chicago Sun Times, but he had an archetypical Western upbringing that impacted much of his personality. His father, Sidney Albert Mauldin, was the dominant person of his youth and was somewhat unstable.  A streak of instability existed in his mother's side of hte family as well.  His father, called "pops", was a very intelligent man but was given to starting and abandoning projects.  Mauldin claimed Native American heritage on his mother's side, and his own appearance suggested that the claim was well-founded.  It was noted in later years that the two characters of his World War Two cartoon series, Up Front!, resemlbed figures from his own family.

His father had served as an artilleryman in World War One and went on to be a farmer, but one who frequently started and abandoned projects of all types  His father's adoptive grandfather had been a civilian scout with the Army during the Apache Wars.  His parents ultimately divorced and Mauldin and his brother Sidney moved to Phoenix Arizona in 1937 to attend high school, with his brother as the primary caretaker, which unfortunately lead to at least an element of delinquency.  Mauldin started illustrating at that time and made money illegally painting pinups on spare car covers.  He did not graduate from high school and, like many men  his age, joined the local National Guard unit, in his case the New Mexico National Guard, when conscription commenced in 1940.  His talents quickly lead him to be an Army newspaper illustrator, and he is most famously associated with The Stars & Stripes.

Mauldin was a great cartoonist and illustrator, but he had a troubled life, probably caused both by his unstable youthful years and the Second World War.  He married his first wife Jean prior to shipping overseas in the war, but he was not faithful to her during the war, and she wasn't faithful to him.  This lead to a post-war divorce, although the marriage actually endured for well over a decade after the war, with the couple having several children.  He married twice more, but perhaps showing the true nature of his first marriage, his wife Jean returned to take care of him as he was invalided in his final months.

"Me future is settled, Willie. I'm gonna be a professor on types o' European soil."

Mauldin's wartime cartoons underwent a rapid evolution in every sense.  They were good early on, but perhaps not really notably different from cartoons that appeared in other military papers and magazines.  In North Africa, however, they suddenly changed and the brush and ink illustrations became very accurate illustrations, while still having a speaking cartoon element.  They were so accurate that only the outright illustrations of William Brody, which have no cartoon element to them at all, surpass them as American Second World War war art.

Yank magazine medic illustration by William Brodie

Indeed, Mauldin's illustrations are so accurate that a person can trace the introduction of uniforms and equipment, and when they were first used at the front, through his cartoons.  Zealous in his work, he traveled to the front for material and was wounded at Monte Cassino as a result, and therefore had the Purple Heart.  A few of his cartoons were censured by the Army for showing new equipment before its knowledge was widely known.

Mauldin's "dog faces" were not glamorous in any sense, and were routinely dirty and unshaven.  They complained about service life and about some things, such as the lack of new uniforms as they were introduced, frequently.  This famously lead him to be the focus of a blistering ill-advised lecture from Gen. George Patton, who hated his cartoons.

During the war Mauldin's Stars & Stripes illustrations were picked up by American newspapers, and he found that he was returning to a ready-made career.  He was uncertain of it however, and at first his cartoons focused on the lives of his two central characters as they went back into civilian life. Those cartoons always had a bit of a false nature to them, however, as it was clear that Willie and Joe only really knew each other due to their being in the Army, and having them as central cartoons in a civilian cartoon didn't make much sense.  Mauldin's cartoons had always had a bit of an "editorial" nature ot them anyhow, and soon he switched to editorial cartoons, although there was no clear demarcation line from one genre to the other.  AS this happened, however, his cartoons lost circulation.

They were good cartoons, however, and ultimately the St. Louis Post Dispatch picked them up.  In later years the Chicago Sun Times did, and he was associated as a first rate editorial cartoonist with both papers.  In retirement, after having been marred three times, he moved back to his native New Mexico.  

World War Two veterans never forgot him and the memory of his wartime cartoons remained fresh throughout his life.  He obtained the status as the greatest military cartoonist of all time, replacing Bruce Barnesfeather in that status during Barnesfeather's own lifetime.  His fame was such that he himself became a reoccurring topic in the great cartoon series "Peanuts", with the character Snoopy visiting him in the cartoon every Veteran's Day.

Colliers ran the following cover:


The Soviet Union announced that it would honor most of Imperial Russia's debt obligation.

The USSR, in spite of the image it was trying to portray to the world, was an economic mess and as continuing to face armed resistance within its borders.  Indeed, just earlier in the week it had been invaded by Ukrainian insurgents who were advancing in the Ukraine, having crossed the Polish border.  None of its neighbors was sympathetic to it, and it was desperately reaching the point where it was trying to secure foreign funding to rescue its economy and save it from starvation.



The 2021 Wyoming Special Legislative Session, Part II

 

William Herbert Dunton. The Horse Rustler.

October 26, 2021

The special session convened with a stout effort to immediately adjourn it.  While the effort failed, the forceful arguments to immediately end the session were quite surprising, given the political climate of the state right now.

A number of Republicans all but states that the legislature was acting improperly.  Bob Nicholas compared the debate politically to debates over abortion, and stated that if everyone had been vaccinated the pandemic would be over.  His own father died of the disease.  Democrat Mike Yin noted that the issue on mandates is one for the courts, which is correct.  Democrat Andi LeBeau defended mandates, noting that on the Reservation (she's from Fremont County) "we call it taking care of each other."  Representative Jennings, arguing hte other side, claimed he'd been elected to protect people against the Federal government.

In the end, the effort failed fairly substantially, but it's interesting that it wasn't a walk over.

More than one legislator was concerned that there were twenty bills to consider. At the end, the Senate took up four, and the House six.

They include the following:
  • A bill that would require employers to accommodate unvaccinated employees (something one legislature has already noted tramples on employers rights) and allowed school children to be exempt from all mandatory vaccinations.
  • A bill providing unemployment benefits to employees lose their jobs because their employers don't comply with the presently nonexistent Federal provisions.
  • A bill to allow for severance pay for workers who leave their jobs due to vaccination requirements.
  • A bill to prohibit employers from enforcing vaccination requirements until the judiciary rules on their legality.
  • A bill to bar employer discrimination based on vaccination status.
A bill to correct an error on a Wyoming Gaming bill introduced in the general session was also introduced.

October 26, 2021

The Senate rejected a proposal to expand vaccination exemptions to include a simple request from parents. The law current requires an established religious or medical basis, and the Senate has opted, so far, to retain the law as it is, 11 to 18.

The Senate also rejected taking a look at Medicaid expansion.

And it also defeated a proposal for fines and jail sentences for state and Federal employees who enforce mandate provisions, 6 to 23.  This bill was Unconstitutional.  Senators voting to violate the United States Constitution's Supremacy Clause, which is a violation of their oat of office, were Biteman, Bouchard, French, James, McKeown and Salazar.  No doubt they do not see it that way, and would even argue that they were protecting the Constitution, but under any established reading of it, the opposite is true.

October 27, 2021

Two bills advanced in the Senate yesterday, passing their first reading.  Only one deals with COVID 19.  It's text is below:

2021

STATE OF WYOMING

21LSO-1009

 

 

 

SENATE FILE NO. SF1003

 

 

COVID-19 discriminatory practices-prohibition.

 

Sponsored by: Senator(s) Steinmetz, Cooper, Dockstader, Driskill, French, Hicks, Hutchings, McKeown, Salazar and Schuler and Representative(s) Bear, Gray, Greear, Haroldson, Heiner, Jennings, Knapp, Neiman, Ottman, Rodriguez-Williams and Styvar

 

 

A BILL

 

for

 

AN ACT relating to miscellaneous offenses; prohibiting discrimination based on COVID-19 vaccination status as specified; prohibiting discrimination based on COVID-19 vaccination status in health insurance as specified; prohibiting a requirement of COVID-19 vaccinations in order to receive or access benefits, services or educational opportunities as specified; providing a criminal penalty; authorizing civil remedies; providing definitions; making conforming amendments; and providing for an effective date.

 

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

 

Section 1.  W.S. 2620901 and 354140 are created to read:

 

ARTICLE 9

COVID19 HEALTH INSURANCE LIMITATIONS

 

2620901.  Immunizations; prohibited actions; insurers and insurer ratings; penalties.

 

(a)  As used in this section:

 

(i)  "COVID19" means as defined by W.S. 11141(a)(ii);

 

(ii)  "COVID19 vaccination" means as defined in W.S. 354140(a)(iii);

 

(iii)  "COVID19 vaccination status" means as defined in W.S. 354140(a)(iv).

 

(b)  An insurer providing a group or individual policy, contract or plan for health insurance shall not use the COVID19 vaccination status of a person as a basis to reject, deny, limit, cancel, refuse to renew, increase the premiums for, limit the amount, extent or kind of coverage available to or otherwise adversely affect eligibility or coverage for the group or individual health policy, contract or plan for health insurance.

 

(c)  An insurer providing a group or individual policy, contract or plan for health insurance shall not use the COVID19 vaccination status of a person as a qualification or requirement for contracting with the person's health care provider or as a basis for terminating a contract with the person's health care provider.

 

(d)  An insurer providing a group or individual policy, contract or plan for health insurance shall not do any of the following regarding the administration of COVID19 vaccinations to covered persons:

 

(i)  Provide financial or other incentives to a participating health care provider based upon attaining a certain immunization administration rate for COVID19;

 

(ii)  Impose a financial or other penalty on a participating health care provider who does not attain a certain immunization administration rate for COVID19.

 

(e)  The COVID19 vaccination status of a person covered by a group or individual policy, contract or plan for health insurance shall not be used as a factor in the rating of a group or individual policy, contract or plan for health insurance in this state.

 

(f)  An insurer issuing a group or individual policy, contract or plan for health insurance in violation of this section is subject to the penalties and liabilities imposed by W.S. 354140.

 

354140.  Discrimination based on COVID19 vaccination status prohibited; penalties; civil remedies.

 

(a)  As used in this section:

 

(i)  "COVID19" means as defined by W.S. 11141(a)(ii);

 

(ii)  "COVID19 immunity passport" means a document, digital record or software application that evidences that a person has received a COVID19 vaccination or that a person has recovered from an active COVID19 infection;

 

(iii)  "COVID19 vaccination" means any vaccine that is marketed to prevent COVID19 or any vaccine that is marketed to diminish or decrease the symptoms of COVID19;

 

(iv)  "COVID19 vaccination status" means evidence of whether a person has received one (1) or more doses of a COVID19 vaccine;

 

(v)  "Health care" means as defined by W.S. 3522402(a)(viii);

 

(vi)  "Public accommodation" means a private entity that owns, leases, leases to or operates a place of public accommodation, as that term is defined in 28 C.F.R. § 36.104 as of October 1, 2021.

 

(b)  No person shall:

 

(i)  Refuse, withhold from or deny to a person any services, goods, facilities, advantages and privileges that are public in nature or that invite the patronage of the public, or any licensing, employment opportunities, educational opportunities or health care, based on the person's COVID19 vaccination status or whether a person has a COVID19 immunity passport; or

 

(ii)  Ask a person or inquire into a person's COVID19 vaccination status or ask or inquire whether a person has a COVID19 immunity passport in order for the person to access any services, goods, facilities, advantages and privileges that are public in nature or that invite the patronage of the public, or any licensing, employment opportunities, educational opportunities or health care.

 

(c)  No public accommodation shall exclude, limit, segregate, refuse to serve or otherwise discriminate against a person based on the person's COVID19 vaccination status or based on whether the person has a COVID19 immunity passport.

 

(d)  Any person or public accommodation that violates subsection (b) or subsection (c) of this section shall be guilty of a misdemeanor punishable by imprisonment not to exceed six (6) months, a fine not to exceed seven hundred fifty dollars ($750.00), or both.

 

(e)  Notwithstanding W.S. 11141 and 354114, any person aggrieved by a discriminatory practice prohibited by subsection (b) or subsection (c) of this section may bring a civil cause of action against the violator for compensatory damages and injunctive relief or other equitable relief.

 

Section 2.  W.S. 11141(a)(iii)(intro), 144116(b), 214309(a), 2711113, 354113(c), 354114(a), (d) and by creating a new subsection (f) and 354139 are amended to read:

 

11141.  COVID19 exposure and illness; assumption of the risk.

 

(a)  As used in this section:

 

(iii)  "COVID19 liability claim" excludes a cause of action filed under W.S. 354140 (e) and means a cause of action for:

 

144116.  Mandatory immunizations for children attending child caring facilities.

 

(b)  Except as provided in W.S. 354140, all persons over eighteen (18) months old attending or transferring into a child caring facility are required to be completely immunized in a similar manner to W.S. 214309.

 

214309.  Mandatory immunizations for children attending schools; exceptions.

 

(a)  Except as prohibited by W.S. 354140, any person attending, full or part time, any public or private school, kindergarten through twelfth grade, shall within thirty (30) days after the date of school entry, provide to the appropriate school official written documentary proof of immunization.  For purposes of this section, documentary proof of immunization is written certification by a private licensed physician or his representative or by any public health authority, that the person is fully immunized.  Documentation shall include month, day and year of each required immunization received against vaccine preventable disease as designated by the state health authority.  No school administrator shall permit a student to attend school for more than thirty (30) calendar days without documentary proof of immunization.  If immunization requires a series of immunizations over a period of more than thirty (30) calendar days, the child shall be permitted to attend school while receiving continuing immunization if the school administrator receives written notification by a private licensed physician or his representative or by a public health official, specifying a written schedule for necessary immunization completion within the medically accepted time period.  Waivers shall be authorized by the state or county health officer upon submission of written evidence of religious objection or medical contraindication to the administration of any vaccine.  In the presence of an outbreak of vaccine preventable disease as determined by the state or county health authority, school children for whom a waiver has been issued and who are not immunized against the occurring vaccine preventable disease shall be excluded from school attendance for a period of time determined by the state or county health authority, but not suspended from school as provided in W.S. 214305.  Children excluded from school attendance under this section shall not be counted in the aggregate number of pupils absent as defined in W.S. 2113101(a)(i).

 

2711113.  Physical examination of employees; religious exemption.

 

Any employer may require an employee to submit to a physical examination before employment or at any time during employment, and shall provide for a physical examination, as deemed necessary, due to exposure or contact with hazards or environmental conditions which may be detrimental to the health of the employee. Nothing in this or any other provision of this act shall be deemed to authorize or require medical examination, immunization or treatment for those who object thereto on religious grounds, except where such is necessary for the protection of the health or safety of others, except that no immunization that violates W.S. 354140 shall ever be required. The results of such examinations shall be furnished only to the department, the employer and, upon request, to the employee and the employee's physician. The employer shall pay for such examination.

 

354113.  Treatment when consent is not available; quarantine.

 

(c)  Except as prohibited by W.S. 354140, if a person withholds or refuses consent for himself, a minor or other incompetent when the vaccination or medical treatment is reasonably needed to protect the health of others from a disease carrying the risk of death or disability, then the person for whom the vaccination or medical treatment is refused may be quarantined by the state health officer.

 

354114.  Immunity from liability.

 

(a)  Except as provided in subsection (f) of this section, during a public health emergency as defined by W.S. 354115(a)(i) and subject to subsection (d) of this section, any health care provider or other person, including a business entity, who in good faith follows the instructions of a state, city, town or county health officer or who acts in good faith in responding to the public health emergency is immune from any liability arising from complying with those instructions or acting in good faith. This immunity shall apply to health care providers who are retired, who have an inactive license or who are licensed in another state without a valid Wyoming license and while performing as a volunteer during a declared public health emergency as defined by W.S. 354115(a)(i). This immunity shall not apply to acts or omissions constituting gross negligence or willful or wanton misconduct.

 

(d)  Except as provided in subsection (f) of this section, any health care provider, person or entity shall be immune from liability for damages in an action involving a COVID19 liability claim unless the person seeking damages proves that the health care provider, person or entity took actions that constitutes gross negligence or willful or wanton misconduct. Nothing in this subsection shall be construed to limit any other immunity available under law, including the immunity provided in subsection (a) of this section. As used in this subsection, "COVID19 liability claim" means as defined by W.S. 11141(a)(iii).

 

(f)  A person who violates W.S. 354140 shall not be entitled to the immunity provided by this section.  

 

354139.  Childhood immunizations.

 

The department of health through rule and regulation shall develop and implement a program to provide vaccines for all children of Wyoming residents who are not federally vaccine eligible children as defined in 42 U.S.C. § 1396s(b)(2) or subsequent similar federal enactment.  Except as prohibited by W.S. 354140, vaccines provided pursuant to this section shall include those determined to be necessary for the healthy development of children and prescribed in rules and regulations of the department based on recommendations from an advisory group which the department director shall appoint consisting of a representative of an organization representing physicians licensed in Wyoming, at least one (1) pediatric physician licensed in Wyoming and at least one (1) family physician licensed in Wyoming.

 

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.

 

(END)

 

1

SF1003



The second bill was the gaming bill that needs correction.

The bill that has advanced has drawn objections on the basis of it being anti business, as it deprives a business owner of the right to make decisions regarding their own business.

A similar, but perhaps more penal, bill has passed its first reading in the House.

2021

STATE OF WYOMING

21LSO-1001

 

 

 

HOUSE BILL NO. HB1001

 

 

COVID-19 vaccine employer mandates.

 

Sponsored by: Representative(s) Greear, Barlow, Bear, Burkhart, Duncan, Heiner, Oakley, Olsen, Sommers, Western and Wilson and Senator(s) Boner, Cooper, Dockstader, Driskill, Hicks, Kinskey, Kolb, Kost, Salazar and Steinmetz

 

 

A BILL

 

for

 

AN ACT relating to labor and employment; prohibiting employers in Wyoming from requiring a COVID-19 vaccination as a condition of employment except as specified; providing for exemptions; providing for reasonable alternative measures for employees unable or unwilling to receive a COVID-19 vaccine; requiring employers to provide severance pay to employees who voluntarily terminate employment or are involuntarily terminated because of a COVID-19 vaccination requirement; amending the worker's compensation program to provide a presumption that an injury caused by a mandated or required COVID-19 vaccination is compensable as specified; creating the health care shortage relief and worker incentive program; creating a program to provide for COVID-19 testing and COVID-19 antibody testing for employers; providing civil penalties; appropriating federal funds; authorizing rulemaking; providing conditional sunset dates; providing applicability; providing legislative findings; and providing for an effective date.

 

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

 

Section 1.  

 

(a)  The legislature finds that:

 

(i)  COVID19 continues to have a devasting impact on the state of Wyoming.  The impact of COVID19 is felt especially in Wyoming health care facilities.  Many health care facilities, including at least twelve (12) hospitals, are facing a critical shortage of workers due to a variety of factors, including fatigue from treating COVID19. Wyoming hospitals are dangerously close to needing to ration care due to staffing shortages and an increased number of patients;

 

(ii)  At the same time, Wyoming, like the rest of the nation, is facing a general worker shortage across many industries.  Job postings are staying open longer and many jobs are remaining unfilled;

 

(iii)  Individual employers in the state of Wyoming have signaled that they will require or mandate employees to be vaccinated against COVID19 as a condition of employment. While these vaccine mandates are likely wellintentioned, there is a high probability that the vaccine mandates will lead to an even greater shortage of workers in Wyoming;

 

(iv)  To protect the health, safety and welfare of the people of Wyoming, it is necessary for the legislature to exercise its police power to ensure the state of Wyoming does not experience a greater shortage of workers in general, and health care workers in particular, by imposition of unconditional employer COVID19 vaccine mandates.

 

(b)  As used in the noncodified sections of this act:

 

(i)  "American Rescue Plan Act funds" means funds appropriated or disbursed to the state of Wyoming through the Coronavirus State Fiscal Recovery Fund established under section 602 of title VI of the federal Social Security Act, as created by section 9901 of the American Rescue Plan Act of 2021, P.L. No. 1172;

 

(ii)  "COVID19" means as defined by W.S. 11141(a)(ii);

 

(iii)  "COVID19 vaccine" means any vaccine that is marketed to prevent COVID19 or any vaccine that is marketed to diminish or decrease the symptoms of COVID19;

 

(iv)  "Employee" means a person permitted to work by an employer in employment;

 

(v)  "Employer" means as defined by W.S. 271115(d)(ii);

 

(vi)  "Health care employer" means an employer whose primary purpose is to provide services or products intended to diagnose, cure, treat or prevent conditions which affect an individual's physical or mental conditionincluding but not limited to, hospital, medical, surgical, dental, vision and pharmaceutical services or products.

 

Section 2. 

 

(a)  Notwithstanding any Wyoming law to the contrary, no employer in the state of Wyoming shall require or mandate an employee to receive a COVID19 vaccine as a condition of employment, unless all of the following requirements are met:

 

(i)  The employer determines that requiring or mandating employee COVID19 vaccinations is critical to ensuring the health, safety and welfare of the workplace and the employer provides written evidence of that determination to the department of workforce services;

 

(ii)  The employer provides and accepts exemptions to the requirement or mandate upon submission of legitimate written evidence of an objection on medical or religious grounds, including the results of a serologic test from an employee proving that the employee has tested positive for COVID19 antibodies. This test is also known as a COVID19 antibody test;

 

(iii)  The employer provides reasonable alternative measures to employees who have not received the COVID19 vaccine or who will not disclose the employee's COVID19 vaccine status. The reasonable alternative measures shall be consistent with any measures required by the employer of a person who submitted an exemption under paragraph (ii) of this subsection. Reasonable alternative measures shall include but are not limited to:

 

(A)  Reassignment of work duties or work stations that limits potential exposure from the employee to other employees, patients or the public.  A reassignment of work duties or work stations shall only be required if the reassignment does not impose an undue burden on the employer;

 

(B)  COVID19 testing of the employee in a form and frequency that is consistent with current public health guidelines.

 

(iv)  The COVID19 vaccine requirement or mandate does not take effect until at least sixty (60) days after the effective date of this act.

 

(b)  An employer who first requires or mandates employees to receive a COVID19 vaccine as a condition of employment on or after October 31, 2021 and whose requirement or mandate does not conform to the requirements of subsection (a) of this section shall have committed an unfair employment practice and shall be subject to a civil penalty of one hundred dollars ($100.00) per day for each day the unlawful requirement or mandate is in effect.

 

(c)  Except as provided in subsection (e) of this section, an employer shall provide severance pay to any person entitled to severance pay as specified in subsection (d) of this section if the person is unemployed because:

 

(i)  The person voluntarily terminates his employment with his employer because the employer has imposed a COVID19 vaccination requirement or mandate that does not conform to the requirements of subsection (a) of this section and the employee declines to receive a COVID19 vaccination or declines to disclose his COVID19 vaccination status; or

 

(ii)  The person is terminated from employment because the employer has imposed a COVID19 vaccination requirement or mandate that does not conform to the requirements of subsection (a) of this section and the employee declines to receive a COVID19 vaccination or declines to disclose his COVID19 vaccination status.

 

(d)  Except as provided in subsection (e) of this section, an employer shall pay any person who is unemployed because of a reason specified in subsection (c) of this section severance pay equal to fifty percent (50%) of the amount of wages and benefits that the person would have received if the person had worked for the immediately succeeding thirteen (13) weeks after the person's unemployment began.

 

(e)  No employer shall be required to provide severance pay to any person under subsection (c) of this section if:

 

(i)  The employer had established a COVID19 vaccination requirement or mandate that took effect before October 31, 2021;

 

(ii)  The vaccination requirement or mandate related to the person's unemployment was established in accordance with subsection (a) of this section; or

 

(iii)  The person began employment and was subject to a previously established COVID19 vaccination requirement that complies with paragraphs (i) or (ii) of this subsection.

 

(f)  The department of workforce services shall enforce the provisions of this section.  The department may promulgate rules and regulations as necessary for the enforcement of this section, including adopting emergency rules.

 

(g)  Nothing in this section shall be construed to limit or preclude an employee who is unemployed under one (1) of the circumstances specified in subsection (c) of this section from receiving any other benefit to which the employee is entitled to receive under law.

 

Section 3.  W.S. 2714102(a)(xi)(intro) is amended to read:

 

2714102.  Definitions.

 

(a)  As used in this act:

 

(xi)  "Injury" means any harmful change in the human organism other than normal aging and includes damage to or loss of any artificial replacement and death, arising out of and in the course of employment while at work in or about the premises occupied, used or controlled by the employer and incurred while at work in places where the employer's business requires an employee's presence and which subjects the employee to extrahazardous duties incident to the business. For the period beginning October 31, 2021 through March 31, 2022, if any employee suffers an injury caused by a COVID19 vaccination that the employer required or mandated on or after October 31, 2021 as a condition of employment, it shall be presumed that the injury arises out of and in the course of employment. "Injury" does not include:

 

Section 4. 

 

(a)  The health care shortage relief and worker incentive program is hereby created. The governor shall establish and administer this temporary program for the purpose of preventing health care worker shortages in Wyoming.  Pursuant to the program, the governor may award stipends to health care employers to prevent health care worker shortages.

 

(b)  Stipends awarded under this section shall not exceed one million five hundred thousand dollars ($1,500,000.00) to each eligible health care employer and shall be limited to no more than one (1) stipend per health care employer.

 

(c)  Stipends awarded under this section shall be conditioned upon the eligible health care employer agreeing:

 

(i)  To not impose a COVID19 vaccine mandate as a condition of employment unless required to do so to comply with federal law or regulations; or

 

(ii)  That if the health care employer does require or mandate employees to receive a COVID19 vaccine as a condition of employment or enforces a COVID19 vaccination requirement imposed by the federal government, the health care employer will comply with the requirements of section 2(a)(ii) and (iii) of this act, as enacted into law, or the requirements of the federal government as applicable;

 

(iii)  To repay all funds provided under this section plus interest at the rate of five percent (5%) per annum if the eligible health care employer uses stipend funds for expenses not authorized by this section or if the eligible health care employer fails to comply with the requirements of this subsection.

 

(d)  There is appropriated twenty million dollars ($20,000,000.00) to the office of the governor from any unexpended, unobligated American Rescue Plan Act funds that were appropriated in 2021 Wyoming Session Laws, Chapter 166, Section 5(b). This appropriation is for purposes of implementing this section and shall be expended consistent with the terms of the American Rescue Plan Act, excluding the provision of government services related to a reduction in revenue. Any unobligated, unexpended funds remaining from this appropriation on October 1, 2024, may be transferred and expended upon approval by the governor for any other purpose authorized by the legislature and consistent with the terms of the American Rescue Plan Act.  Transfers and expenditures under this subsection shall be reported to the legislature through the B11 process as authorized by W.S. 921005(b)(ii) and reported pursuant to W.S. 921013(b).

 

Section 5.  There is appropriated ten million dollars ($10,000,000.00) to the department of workforce services from any unexpended, unobligated American Rescue Plan Act funds that were appropriated in 2021 Wyoming Session Laws, Chapter 166, Section 5(b). This appropriation is for purposes of implementing a program through the department of workforce services to provide COVID19 tests and COVID19 antibody tests to employers that adopt a COVID19 vaccine mandate that conforms to the requirements of section 2(a) of this act, as enacted into law. This appropriation shall be expended consistent with the terms of the American Rescue Plan Act, excluding the provision of government services related to a reduction in revenue.  The department may promulgate rules and regulations as necessary for the enforcement of this section, including adopting emergency rules. The program created under this section shall expire on March 31, 2022. Any unobligated, unexpended funds remaining from this appropriation on June 1, 2022, may be transferred and expended upon approval by the governor for any other purpose authorized by the legislature and consistent with the terms of the American Rescue Plan Act.  Transfers and expenditures under this subsection shall be reported to the legislature through the B11 process as authorized by W.S. 921005(b)(ii) and reported pursuant to W.S. 921013(b). 

 

Section 6.  

 

(a)  The provisions of section 2 of this act shall be repealed upon the earlier of:

 

(i)  The date a federal law, regulation, rule or standard takes legal effect that has the effect of requiring Wyoming employers to comply with a federal COVID19 vaccine mandate and any challenge to the federal law, regulation, rule or standard in the federal court system is exhausted.  The governor shall certify to the secretary of state any occurrence subject to this paragraph; or

 

(ii)  March 31, 2022.

 

Section 7.  The provisions of this act regulating employer COVID19 vaccine mandates shall apply only to employers that require or mandate that their employees receive a COVID19 vaccination as a condition of employment on and after October 31, 2021.

 

Section 8.  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.

 

(END)

 

1

HB1001


The House also voted contrary to their oaths of office to advance a bill aimed at preventing the enforcment of Federal mandates, a clearly unconstitutional act.  That bill reads:

2021

STATE OF WYOMING

21LSO-1008

 

 

 

HOUSE BILL NO. HB1002

 

 

Federal COVID vaccine mandates-prohibition and remedies-2.

 

Sponsored by: Representative(s) Sommers, Greear and Olsen and Senator(s) Dockstader, Driskill, Hicks, Kinskey and Schuler

 

 

A BILL

 

for

 

AN ACT relating to the protection of individual rights; providing legislative findings; prohibiting the enforcement of federal COVID 19 vaccine mandates as specified; providing definitions; authorizing litigation to protect the rights of Wyoming citizens as specified; providing an appropriation; and providing for an effective date.

 

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

 

Section 1. 

 

(a)  The legislature finds that:

 

(i)  In December 2019, a novel coronavirus known as severe acute respiratory syndrome coronavirus 2 (SARSCoV2) was first detected in China, leading to outbreaks of novel coronavirus disease (COVID19) that have now spread globally;

 

(ii)  Throughout 2020 and 2021, vaccines for COVID19 were authorized and approved by the federal food and drug administration;

 

(iii)  On September 9, 2021, President Joseph R. Biden Jr. announced that a federal Occupational Safety and Health Administration (OSHA) rule would be promulgated to require all businesses with one hundred (100) or more employees to ensure that every employee is either vaccinated for COVID19 or tested at least one (1) time every week for COVID19;

 

(iv)  As part of the plan announced by the President, the centers for Medicare and Medicaid services, in collaboration with the centers for disease control and prevention, announced that current emergency regulations requiring vaccinations for nursing home workers would be expanded to include hospitals, dialysis facilities, ambulatory surgical settings and home health agencies, among others, as a condition for participating in the Medicare and Medicaid programs.  The announcement indicated that these vaccine mandates will apply to both health care providers and suppliers that participate in the Medicare and Medicaid programs;

 

(v)  It is expected that, in the upcoming days or weeks, the federal occupational safety and health administration and the centers for Medicare and Medicaid services will promulgate emergency standards that will require Medicare and Medicaid health care workers and suppliers and all employers in Wyoming and the entire United States with one hundred (100) employees or more to ensure that all of their employees are either fully vaccinated for COVID19 or ensure that all of their employees are tested at least one (1) time per week for COVID19;

 

(vi)  Countless Wyoming citizens fear losing their livelihoods because they object to receiving a COVID19 vaccination for reasons of personal conscience, religious conviction or for medical reasons, including prior recovery from COVID19;

 

(vii)  The decision to receive a vaccination is a personal decision and should not be subject to government intrusion or dictate;

 

(viii)  The Ninth Amendment to the United States Constitution provides that the enumeration in the constitution of certain rights shall not be construed to deny or disparage other rights retained by the people;

 

(ix)  The Tenth Amendment to the United States Constitution provides that the powers not delegated to the United States in the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people;

 

(x)  Article 1, section 38 of the Wyoming constitution provides that each competent adult has the right to make his or her own health care decisions;

 

(xi)  Through various legislative enactments, the legislature has established its primary role over immunizations, and all immunization laws and regulations in Wyoming are based on laws that the legislature has enacted;

 

(xii)  The legislature has established a process by which persons can submit religious exemptions to vaccination mandates, and the legislature can amend the exemption process from time to time as it sees fit;

 

(xiii)  By imposing a COVID19 vaccination mandate on the people and businesses of Wyoming, the federal government's actions constitute an abridgement of both the United States and the Wyoming Constitutions; and

 

(xiv)  The state of Wyoming as a sovereign entity cannot be compelled to enforce vaccination mandates from the federal government that might well be deemed an unconstitutional exercise of the power of interpretation, to insist that the states are bound to provide means to carry into effect the duties of the federal government, nowhere delegated or entrusted to them by the constitution.

 

Section 2.  W.S. 914103 is created to read:

 

914103.  COVID19 vaccine mandate; prohibitions; penalties.

 

(a)  As used in this section:

 

(i)  "COVID19" means as defined by W.S. 11141(a)(ii);

 

(ii)  "COVID19 vaccination" means any vaccine that is marketed to prevent COVID19 or any vaccine that is marketed to diminish or decrease the symptoms of COVID19;

 

(iii)  "Public entity" means as defined by W.S. 166101(a)(viii).

 

(b)  No public entity shall enforce any mandate or standard of the federal government, whether emergency, temporary or permanent, that requires an employer to ensure or mandate that an employee shall receive a COVID19 vaccination until the date that a federal regulation, rule or standard takes legal effect that has the effect of requiring Wyoming employers to comply with the federal COVID19 vaccination mandate and any challenge to the federal regulation, rule or standard in the federal court system is exhausted. The governor shall certify to the secretary of state any occurrence subject to this subsection.

 

(c)  Any person who knowingly and willfully violates subsection (b) of this section shall be guilty of a misdemeanor punishable by imprisonment not to exceed six (6) months, a fine not to exceed seven hundred and fifty dollars ($750.00), or both.

 

Section 3.  With the direction and consent of the governor, the attorney general's office may initiate or participate in litigation and take any other appropriate action to challenge and resist federal government action related to COVID19 vaccination mandates that are contrary to the law and the rights of Wyoming citizens.

 

Section 4.  There is appropriated one million dollars ($1,000,000.00) from the general fund to the governor's office for purposes of funding the legal and other action authorized by section 3 of this act.  This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2024.  This appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2024.  It is the intent of the legislature that this appropriation not be included in the governor's standard budget for the immediately succeeding fiscal biennium. 

 

Section 5.  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.

 

(END)

 

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HB1002


October 29, 2021

The special session will now extend into next week.

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