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HB0059 • 2021

Public health emergencies-immunity amendments 3.

AN ACT relating to public health and safety; providing legislative findings; amending provisions related to immunity from civil liability for actions and omissions during public health emergencies; specifying applicability; making immunity provisions retroactive as specified; and providing for an effective date.

Healthcare
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Travel
Last action
2021-03-22
Official status
inactive
Effective date
3/1/2021

Plain English Breakdown

The bill did not pass and was not considered further.

Amending Immunity Rules During Public Health Emergencies

This act changes immunity rules for people and businesses during public health emergencies to protect them from lawsuits if they follow health officer instructions or comply with laws, regulations, and guidance related to the emergency.

What This Bill Does

  • Changes existing law to provide immunity from civil liability for actions taken in good faith during a declared public health emergency.
  • Specifies that this immunity applies only to claims alleging exposure to or contraction of diseases, agents, or toxins due to actions or omissions during the emergency.
  • Requires complaints about such exposures or contractions to clearly state the basis and prove it with strong evidence.

Who It Names or Affects

  • Health care providers
  • Businesses and entities

Terms To Know

Public Health Emergency
A situation officially declared by state, city, town or county authorities due to the spread of disease, agents, or toxins.
Civil Liability
Legal responsibility for damages or losses caused to another person or entity.

Limits and Unknowns

  • The bill did not pass and was not considered further.
  • It does not specify the exact conditions under which immunity is granted beyond following health officer instructions in good faith.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0059HS001

Standing Committee • House Travel, Recreation, Wildlife and Cultural Re

Filed

Plain English: The amendment changes parts of a bill about immunity from civil liability during public health emergencies by removing some sections and adding new ones that specify when people or businesses are immune from legal responsibility.

  • Removes the section on legislative findings, which explains why lawmakers think certain actions are necessary.
  • Deletes specific provisions related to immunity for actions taken during a public health emergency.
  • Adds new language providing immunity to healthcare providers and others who follow instructions of health officers or act in good faith during emergencies.
  • Includes conditions under which people or entities can be immune from civil liability if their acts or omissions caused exposure to or contraction of the disease causing the emergency.
  • The amendment text does not provide full context for all changes, making it hard to understand some implications without reviewing the original bill.
  • Some technical legal terms may be unclear to readers who are not familiar with Wyoming statutes and public health laws.

Bill History

  1. 2021-03-22 House

    H COW:H Did not consider for COW

  2. 2021-01-27 House

    H Placed on General File

  3. 2021-01-27 House

    H06 - Travel:Recommend Amend and Do Pass 8-1-0-0-0

  4. 2021-01-12 House

    H Introduced and Referred to H06 - Travel

  5. 2021-01-12 House

    H Received for Introduction

  6. 2021-01-11 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
21LSO-0033
2021
STATE OF WYOMING
21LSO-0033
Numbered
2.0

HOUSE BILL NO. HB0059

Public health emergencies-immunity amendments 3.

Sponsored by: Joint Travel, Recreation, Wildlife & Cultural Resources Interim Committee

A BILL

for

AN ACT relating to public health and safety; providing legislative findings; amending provisions related to immunity from civil liability for actions and omissions during public health emergencies; specifying applicability; making immunity provisions retroactive as specified; and providing for an effective date.

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

Section 1.

W.S. 35
‑
4
‑
114(a) and by creating new subsections (d) and (e) is amended to read:

35
‑
4
‑
114.

Immunity from liability.

(a)

During a public health emergency as defined by W.S. 35
‑
4
‑
115(a)(i), any
health care provider or other
person
, including a business

or
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

shall be
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)
civil liability for any acts or omissions of the person or entity that caused another to be exposed to or to contract the disease, agent or toxin for which the public health emergency is declared
. This immunity shall not apply to acts or omissions constituting gross negligence or willful or wanton misconduct.
Any complaint alleging that acts or omissions of a person or entity caused another to be exposed to or to contract the disease, agent or toxin for which a public health emergency is declared shall state with particularity the acts or
omissions constituting the basis of the civil action, which shall be proven by clear and convincing evidence.

(d)

The immunity provided in subsection (a) of this section shall only apply to claims alleging that actions or omissions caused exposure to or the contraction of a disease, agent or toxin for which a public health emergency was declared under W.S. 35
‑
4
‑
115(a)(i) and arising from actions or omissions occurring during the declared public health emergency.

(e)

The immunity provided in subsection (a) of this section shall apply to any person or entity whose alleged act or omission was in substantial compliance or was consistent with any federal, state, county or municipal statute, regulation, order, ordinance or public health guidance related to the disease, agent or toxin for which a public health emergency is declared under W.S. 35
‑
4
‑
115(a)(i).

Section 2.

This act shall apply to all civil actions occurring on and after March 13, 2020 alleging that actions or omissions caused exposure to or the contraction of a
disease, agent or toxin for which a public health emergency was declared under W.S. 35
‑
4
‑
115(a)(i) and arising from actions or omissions occurring during the declared public health emergency.

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)

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HB0059