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

October 30, 2021.

The residents of the state got a brief glimpse at how members of the legislature actually view each other, or how at least some of them view each other, yesterday when news broke that Rep. Harshman twice used the "f" word in describing Rep. Chuck Gray.  Both men are from Casper.

Harshman was attending remotely and had his computer "mic" on.  He didn't realize that.

Harshman is a long-serving member of the House who was once its speaker and who is employed as a high school coach and educator.  Gray is what is now termed a "conservative" in most circles and is even sometimes referred to as "most conservative", even though some of the things he's presently backing wouldn't have been regarded as conservative in prior times (telling employers who they can and can't hire and fire isn't traditional conservatism).  Gray was recently running against Liz Cheney but failed to secure much support, and he spent part of the fall involving himself with the conspiratorially minded Arizona recount.

To put things in sharper focus, Gray and Anthony Bouchard have been in the forefront of the Trump populist movement although beyond that the two men share little that's obviously common and Bouchard was taking shots at Gray recently due to their being competitors in their respective doomed efforts to replace Cheney as the GOP nominee.  That effort is now obviously centered on Harriet Hageman, and Gray's funding didn't seem to extend much beyond himself and his father, the latter who also owns the radio station where Gray is employed as a commentator.  He has drawn a group of "conservatives" around him, at least locally.  It didn't go much beyond Natrona County, however, in spite of his being scandal free, well-spoken and media savvy, which isn't surprising given his occupation.

In backrooms of the GOP and out on the street you'll hear little rumblings about the populists, but you have to really be listening to pick them up.  Truth be known the GOP here is splitting into two parties and may already really function that way.  One party is made up of the traditional Wyoming party, and the other is the populists.  Out on the streets, some longer standing regular workaday Republicans are pretty frank that they think the populists are nuts, whereas the neo firebrand populists seem to think anyone who doesn't think just like they do is a traitor.

This broke fully out with comments about Gray, which actually closely expresses the views held by more than a few workaday Republicans.  In the comment section at Oil City, this immediately became apparent with some populists figures, including some local ones of note, expressing shock and taking the extreme party loyalty position against Harshman ("how could he take a shot at one of the most conservative members. . . ), and others coming back and slamming them for doing so ("he's allowed to have a view. . .").  A couple of probable Republicans not only excused Harshman's comments but endorsed them.

Harshman drove to Cheyenne to apologize and Gray hasn't commented on it.  Harshman may face censure and has lost the right to appear remotely, but if the House censures him (some street populists are calling for resignation) they'll have to implicitly answer why another recent country Republican figure was allowed to say terrible things about Sen. Naracott with no real penalty ensuing.

Meanwhile, this explains what we've seen in Cheyenne.   The regular GOP has been sidetracking the extreme unconstitutional bills and instead dealing with the less unconstitutional bills. Some variant of those will probably be passed, rather than the real firebrand ones.  Just as it is nationally, the GOP is really waiting for the Trump era to pass and is hoping it does so soon, so such obvious discord ends before too many of the rank and file are disenchanted for good.  The legislature voted to hold the special session, but chances are that most of the members felt compelled to do so, rather than enthusiastic about it, and now they'll pass something, as they reluctantly feel obligated to do that.  There's a strong sense that an elected majority fears the populist branch of the party, which is controlling it right now, so it goes along with it, but only to the extent it absolutely has to.

October 4, 2021

The legislature passed a single bill, HB 1002.  

The bill provided a compromise $4,000,000 to fight Federal mandates in courts, although this provision is odd in that the Attorney General's office is already staffed, so why $4,000,000 would be needed is unclear.  

The bill itself does very little.  It expresses the legislature's discontent with mandates and provides that public entities in Wyoming shall not enforce the, unless required to do so by the Federal government.  It provides a time-out for that if things are in court.  

All in all, the bill is surprisingly moderate and sensible, setting aside anyone's views on the policy behind it, as it recognizes the Supremacy Clause. This bill is one that a person didn't have to violate their oath of office in order to vote for.  It demonstrates that the Republican Party in Wyoming is still made up of more of its traditional rank and file than populists, who wanted to take some fairly obviously unconstitutional acts in regard to mandates.

The bill can be read here.

In passing the bill, Representative Nicholas, who is a lawyer, noted that the legislature's "hands were tied" as the legislature "can't override Federal law", which is exactly correct, given the Supremecy Clause of the US Constitution.  It turns out that the Supremecy Clause provided the basis for Rep. Harshman's harsh words on Rep Gray, at least according to a statement he released, which stated in part:

Last Thursday, we had a debate on the Federal preemption issue. And Bill 1001 has this statement, and it is still there; the statement that the Bill goes away if a Federal mandate is ever in place. And I think that's very disturbing. I mean, a Federal mandate is clearly unconstitutional, outside of the powers granted to the Federal government in the United States Constitution. It is also clearly an unconstitutional delegation of congressional authority to the Executive Branch. It's just unconstitutional in a variety of ways.

For this state bill to have this statement, that the bill just goes away if there's a federal mandate, and just to concede the Federal government preempts (which is wrong; they don't)...the media can claim they do all they want, but it's not true because it's not a constitutional action. So to have that statement in there that the bill goes away with the Federal mandate is very troubling...it wasn't needed and it was wrong.

And so I brought an amendment to discuss it. I think it was important that we try to remove that, that we remove it and that we have that discussion, and then I called for a recorded vote. Now, amendments do not receive recorded votes, which I am very troubled by. I've been troubled by it since I became a member. I think it's an important issue, I called for a recorded vote, and there are many members that don't like that. And that was the context for the wrong comments. I think there's a larger story here. It just shows that this reaction to recorded votes totally wrong. Members should be on the record on issues that come before the legislature. We need accountability. I've called for recorded votes in the past, I called for it there, and I stand by that because it's important for members of the legislature to be on the record.

So, I was very troubled by the comments. I think it was very unfortunate.

Gray, who is not a lawyer, is incorrect on the mandates being facially unconstitutional.  You can make a constitutional argument regarding them, but it would have to do with there being no correctly worded enabling act, a pretty sophisticated legal argument that nobody has made so far, in so far as I'm aware.

Calling for recorded votes is another matter, and a person can have separate views on that.  This is of course Gray's view on what occurred, and might not be Harshman's.

No matter, it was the correct view of the majority of the legislature that trying to override Federal law would violate the Supremacy Clause, which it would.  So the bill sent to the legislature seeks to avoid that.

November 4, 2021, cont:

So, after all of that, the Federal Government's new rule came out, and it mandates vaccines or masks.  In other words, it doesn't make anyone actually get vaccinated.

So, there is no actual Federal "vaccine mandate" as the Federal government isn't mandating anyone to get vaccinated save, probably, for its own employees.  The new statute, then, if signed into law may actually apply to nothing in existence right now, unless a court was to interpret the new rules as a "vaccine mandate" as it mandates that people get vaccinated, or wear masks.  That's an open question.

Prior editions:

The 2021 Wyoming Special Legislative Session, Part II

The 2021 Wyoming Special Legislative Session.

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. 26‑20‑901 and 35‑4‑140 are created to read:

 

ARTICLE 9

COVID‑19 HEALTH INSURANCE LIMITATIONS

 

26‑20‑901.  Immunizations; prohibited actions; insurers and insurer ratings; penalties.

 

(a)  As used in this section:

 

(i)  "COVID‑19" means as defined by W.S. 1‑1‑141(a)(ii);

 

(ii)  "COVID‑19 vaccination" means as defined in W.S. 35‑4‑140(a)(iii);

 

(iii)  "COVID‑19 vaccination status" means as defined in W.S. 35‑4‑140(a)(iv).

 

(b)  An insurer providing a group or individual policy, contract or plan for health insurance shall not use the COVID‑19 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 COVID‑19 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 COVID‑19 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 COVID‑19;

 

(ii)  Impose a financial or other penalty on a participating health care provider who does not attain a certain immunization administration rate for COVID‑19.

 

(e)  The COVID‑19 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. 35‑4‑140.

 

35‑4‑140.  Discrimination based on COVID‑19 vaccination status prohibited; penalties; civil remedies.

 

(a)  As used in this section:

 

(i)  "COVID‑19" means as defined by W.S. 1‑1‑141(a)(ii);

 

(ii)  "COVID‑19 immunity passport" means a document, digital record or software application that evidences that a person has received a COVID‑19 vaccination or that a person has recovered from an active COVID‑19 infection;

 

(iii)  "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;

 

(iv)  "COVID‑19 vaccination status" means evidence of whether a person has received one (1) or more doses of a COVID‑19 vaccine;

 

(v)  "Health care" means as defined by W.S. 35‑22‑402(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 COVID‑19 vaccination status or whether a person has a COVID‑19 immunity passport; or

 

(ii)  Ask a person or inquire into a person's COVID‑19 vaccination status or ask or inquire whether a person has a COVID‑19 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 COVID‑19 vaccination status or based on whether the person has a COVID‑19 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. 1‑1‑141 and 35‑4‑114, 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. 1‑1‑141(a)(iii)(intro), 14‑4‑116(b), 21‑4‑309(a), 27‑11‑113, 35‑4‑113(c), 35‑4‑114(a), (d) and by creating a new subsection (f) and 35‑4‑139 are amended to read:

 

1‑1‑141.  COVID‑19 exposure and illness; assumption of the risk.

 

(a)  As used in this section:

 

(iii)  "COVID‑19 liability claim" excludes a cause of action filed under W.S. 35‑4‑140 (e) and means a cause of action for:

 

14‑4‑116.  Mandatory immunizations for children attending child caring facilities.

 

(b)  Except as provided in W.S. 35‑4‑140, 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. 21‑4‑309.

 

21‑4‑309.  Mandatory immunizations for children attending schools; exceptions.

 

(a)  Except as prohibited by W.S. 35‑4‑140, 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. 21‑4‑305.  Children excluded from school attendance under this section shall not be counted in the aggregate number of pupils absent as defined in W.S. 21‑13‑101(a)(i).

 

27‑11‑113.  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. 35‑4‑140 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.

 

35‑4‑113.  Treatment when consent is not available; quarantine.

 

(c)  Except as prohibited by W.S. 35‑4‑140, 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.

 

35‑4‑114.  Immunity from liability.

 

(a)  Except as provided in subsection (f) of this section, during a public health emergency as defined by W.S. 35‑4‑115(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. 35‑4‑115(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 COVID‑19 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, "COVID‑19 liability claim" means as defined by W.S. 1‑1‑141(a)(iii).

 

(f)  A person who violates W.S. 35‑4‑140 shall not be entitled to the immunity provided by this section.  

 

35‑4‑139.  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. 35‑4‑140, 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)  COVID‑19 continues to have a devasting impact on the state of Wyoming.  The impact of COVID‑19 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 COVID‑19. 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 COVID‑19 as a condition of employment. While these vaccine mandates are likely well‑intentioned, 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 COVID‑19 vaccine mandates.

 

(b)  As used in the non‑codified 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. 117‑2;

 

(ii)  "COVID‑19" means as defined by W.S. 1‑1‑141(a)(ii);

 

(iii)  "COVID‑19 vaccine" 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;

 

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

 

(v)  "Employer" means as defined by W.S. 27‑1‑115(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 condition, including 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 COVID‑19 vaccine as a condition of employment, unless all of the following requirements are met:

 

(i)  The employer determines that requiring or mandating employee COVID‑19 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 COVID‑19 antibodies. This test is also known as a COVID‑19 antibody test;

 

(iii)  The employer provides reasonable alternative measures to employees who have not received the COVID‑19 vaccine or who will not disclose the employee's COVID‑19 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)  COVID‑19 testing of the employee in a form and frequency that is consistent with current public health guidelines.

 

(iv)  The COVID‑19 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 COVID‑19 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 COVID‑19 vaccination requirement or mandate that does not conform to the requirements of subsection (a) of this section and the employee declines to receive a COVID‑19 vaccination or declines to disclose his COVID‑19 vaccination status; or

 

(ii)  The person is terminated from employment because the employer has imposed a COVID‑19 vaccination requirement or mandate that does not conform to the requirements of subsection (a) of this section and the employee declines to receive a COVID‑19 vaccination or declines to disclose his COVID‑19 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 COVID‑19 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 COVID‑19 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. 27‑14‑102(a)(xi)(intro) is amended to read:

 

27‑14‑102.  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 COVID‑19 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 COVID‑19 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 COVID‑19 vaccine as a condition of employment or enforces a COVID‑19 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 B‑11 process as authorized by W.S. 9‑2‑1005(b)(ii) and reported pursuant to W.S. 9‑2‑1013(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 COVID‑19 tests and COVID‑19 antibody tests to employers that adopt a COVID‑19 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 B‑11 process as authorized by W.S. 9‑2‑1005(b)(ii) and reported pursuant to W.S. 9‑2‑1013(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 COVID‑19 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 COVID‑19 vaccine mandates shall apply only to employers that require or mandate that their employees receive a COVID‑19 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 (SARS‑CoV‑2) was first detected in China, leading to outbreaks of novel coronavirus disease (COVID‑19) that have now spread globally;

 

(ii)  Throughout 2020 and 2021, vaccines for COVID‑19 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 COVID‑19 or tested at least one (1) time every week for COVID‑19;

 

(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 COVID‑19 or ensure that all of their employees are tested at least one (1) time per week for COVID‑19;

 

(vi)  Countless Wyoming citizens fear losing their livelihoods because they object to receiving a COVID‑19 vaccination for reasons of personal conscience, religious conviction or for medical reasons, including prior recovery from COVID‑19;

 

(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 COVID‑19 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. 9‑14‑103 is created to read:

 

9‑14‑103.  COVID‑19 vaccine mandate; prohibitions; penalties.

 

(a)  As used in this section:

 

(i)  "COVID‑19" means as defined by W.S. 1‑1‑141(a)(ii);

 

(ii)  "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;

 

(iii)  "Public entity" means as defined by W.S. 16‑6‑101(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 COVID‑19 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 COVID‑19 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 COVID‑19 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)

1

HB1002

October 29, 2021

The special session will now extend into next week.

Prior Threads:

The 2021 Wyoming Special Legislative Session.