HB0127 • 2021

Public health amendments.

AN ACT relating to the public health; amending and creating provisions governing the issuance of orders relating to the public health; amending provisions governing the appointment and oversight of the state health officer; providing applicability; and providing for an effective date.

Children Parental Rights

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Barlow
Last action: 2021-04-22
Official status: enrolled
Effective date: 7/1/2021

Plain English Breakdown

The official source material did not provide specific details on enforcement mechanisms for public health orders.

Public Health Order Changes

This law changes how public health orders are made, limits their duration to ten days for local officers and sixty days for state-level orders with extensions requiring notice and comment period, also changing who can appoint and remove the State Health Officer.

What This Bill Does

Limits public health orders issued by local officers to ten days unless extended or renewed by a governing body with notice and comment period.
Requires the governor to appoint the State Health Officer and allows either the Governor or Director of Health to remove them.
Adds protections for parents, guardians, caregivers, and vulnerable adults regarding care and control rights during public health orders.

Who It Names or Affects

Local health officers who issue public health orders
The Governor and Director of Health in appointing and removing the State Health Officer
Parents, guardians, caregivers, and vulnerable adults

Terms To Know

State Health Officer: A person appointed by the governor to oversee public health matters.
Vulnerable Adult: An adult who needs help due to age, illness, or disability and is defined in W.S. 35-20-102(a)(xviii).

Limits and Unknowns

The law only applies to orders issued on or after July 1, 2021.
It does not specify how public health orders are enforced.

Amendments

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

HB0127H2001

2nd reading • Representative Hallinan

Corrected, Corrected, Adopted

Plain English: The amendment adds a new provision that ensures parents or guardians have the right to care for their minor children without restrictions from certain public health orders.

Adds a new section (b) after line 2 on page 3 of HB0127, stating that nothing in this chapter limits a parent's or guardian's rights over their child.

The amendment does not specify which public health orders are exempted from affecting parental rights.
It is unclear how this provision will be applied and enforced.

HB0127H3001

3rd reading • Representative Laursen

Adopted

Plain English: The amendment adds new sections to the bill that protect a caregiver's right to care for vulnerable adults and defines key terms related to this protection.

Adds section (c) which states that nothing in the chapter limits a caregiver’s rights over a vulnerable adult.
Adds section (d)(i) defining 'caregiver' as someone responsible, by family or court order, for caring for a vulnerable adult.
Adds section (d)(ii) defining 'vulnerable adult' according to an existing state statute.

The amendment does not specify how these new protections will be enforced or what happens if there is a conflict with other laws.

HB0127H3002

3rd reading • Representative Gray

Failed

Plain English: The amendment changes how the state health officer is appointed and removed, adds new rules for local health officers' removal, and clarifies certain sections related to public health.

Adds a requirement that the state health officer must be confirmed by the Senate before appointment.
Allows local governing bodies to remove full-time or part-time health officers in municipalities, counties, or district health departments under specific conditions.
Inserts new subsection (d) into section 35-1-305 and amends section 35-1-306(a) to provide for the appointment of health officers where public health departments are not established.

The amendment text does not specify all details about how local governing bodies can remove health officers, leaving some aspects unclear.

HB0127JC001

Conference Committee

H Adopted, S Adopted

Plain English: The amendment changes how public health orders are issued by requiring notice and comment from the public before an order takes effect, with some exceptions.

Public health orders requested or issued by local health officers must now provide at least 48 hours' notice to the public and allow for written and electronic comments unless immediate life-threatening harm would result from waiting.
The amendment also specifies that a health district is included in certain provisions of the bill.

Some parts of the amendment text are technical or unclear, making it hard to explain fully without more context.

HB0127S2001

2nd reading • Senator McKeown

Adopted

Plain English: The amendment allows the legislature to meet electronically or in a different location from the state capital if a public health emergency requires it, while still having key officials physically present at the capital.

Adds new language allowing the legislature to convene by electronic means or elsewhere during a public health emergency.
Specifies that legislative sessions for ratifying orders must be anchored at the seat of government with presiding officers present there.

The amendment does not specify how decisions are made if members are meeting in different locations.

HB0127S3001

3rd reading • Senator McKeown

Adopted

Plain English: The amendment adds new rules about how public health orders are made, including that these orders will replace any previous local orders and cannot be changed or canceled by the state department of health.

Public health orders issued under certain sections must now override all previous local health orders.
These new public health orders must be created after talking with local health officers.
Once a public health order is made, it can't be modified, repealed, or canceled by the state department of health.

The amendment does not explain how conflicts between different levels of government will be resolved beyond what is stated.

HB0127SW001

Committee of the Whole • Senator McKeown

Corrected, Adopted

Plain English: The amendment adds requirements for public health orders, including notice and comment periods, limits on order duration, and legislative approval processes.

Adds a requirement that public health orders must provide at least 48 hours' notice to the public before becoming effective, unless immediate life-threatening harm would result from delay.
Limits the duration of public health orders to 60 days unless ratified by the legislature through separate votes in each house.
Specifies conditions under which a legislative order can extend or terminate an existing public health order.

The amendment text does not specify how exactly public comment will be collected and considered, leaving some details to interpretation.

Bill History

2021-04-22 LSO
Assigned Chapter Number 168
2021-04-22 Wyoming Legislature
Became Law without Signature
2021-04-07 Senate
S President Signed HEA No. 0093
2021-04-07 House
H Speaker Signed HEA No. 0093
2021-04-07 LSO
Assigned Number HEA No. 0093
2021-04-06 Senate
S Appointed JCC01 Members
2021-04-06 House
H Appointed JCC01 Members
2021-04-06 House
H Concur:Failed 19-38-3-0-0
2021-04-06 House
H Received for Concurrence
2021-04-02 Senate
S 3rd Reading:Passed 19-10-1-0-0
2021-04-02 Senate
S 2nd Reading:Passed
2021-04-01 Senate
S COW:Passed
2021-03-29 Senate
S Placed on General File
2021-03-29 Senate
S02 - Appropriations:Recommend Do Pass 3-1-1-0-0
2021-03-26 Senate
:Refer to S02 - Appropriations
2021-03-25 Senate
S Introduced and Referred to S07 - Corporations
2021-03-25 Senate
S Received for Introduction
2021-03-24 House
H 3rd Reading:Passed 58-2-0-0-0
2021-03-23 House
H 2nd Reading:Passed
2021-03-22 House
H COW:Passed
2021-03-08 House
H Placed on General File
2021-03-08 House
H07 - Corporations:Recommend Do Pass 9-0-0-0-0
2021-03-03 House
H Introduced and Referred to H07 - Corporations
2021-02-24 House
H Received for Introduction
2021-02-16 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 21LSO-0537
Bill No.:

HB0127

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0537

Enrolled Act No.:

HEA No. 0093

Chapter No.:

168

Prime Sponsor:

Barlow

Catch Title:

Public health amendments.

Subject:

Public health amendments
.

Summary/Major Elements:

This act amends how certain public health orders may be issued. The act applies to each public health order that restricts individuals' movements or their ability to engage in an activity, that applies to individuals not under an isolation or quarantine order, and that is designed to prevent or limit the transmission of a contagious or possibly contagious disease. These orders, whether issued by the State Health Officer or a local health officer, are limited to ten (10) days. Subsequent orders, including order extensions, for the same or substantially same purpose may be issued as follows:
For orders of the State Health Officer, the Governor may issue subsequent orders not to exceed sixty (60) days;
For orders of local health officers, locally elected governing bodies can issue subsequent orders.

For certain orders issued by local health officers, the act requires forty-eight (48) hours' notice to the public and an opportunity to comment.

This act also amends provisions governing the appointment and oversight of the State Health Officer. The act requires the Governor to appoint the State Health Officer. The act provides that either the Governor or the Director of the Department of Health may remove the State Health Officer. The act removes the option of the Director of the Department of Health to also serve as the State Health Officer.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

21LSO-0537

ORIGINAL House

ENGROSSED
Bill No
.
HB0127

ENROLLED ACT NO. 93,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to the public health; amending and creating provisions governing the issuance of orders relating to the public health; amending provisions governing the appointment and oversight of the state health officer; providing applicability; and providing for an effective date.

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

Section 1
.

W.S. 35
‑
1
‑
310 is created to read:

35
‑
1
‑
310.

Limitation on orders.

(a)

No public health order requested or issued by a county, municipal or district health officer under this article shall become effective without notice being provided to the public not less than forty
‑
eight (48) hours before the order is to become effective and an opportunity to provide public comment through written and electronic submissions is provided, except when the delay will result in immediate and life threatening physical harm, exposure or transmission beyond the existing affected area. Any order issued under this chapter by a county, municipal or district health officer that restricts individuals' movements or their ability to engage in any activity, that applies to individuals not under an isolation or quarantine order and that is designed to prevent or limit the transmission of a contagious or possibly contagious disease shall be effective for a period of not more than ten (10) days. Subsequent orders, including order extensions, for the same or substantially same purpose of any duration shall only be issued as follows:

(i)

The board of county commissioners, by a vote of the majority of the board, may issue an order subsequent to an order issued by a county health officer;

(ii)

The governing body of a municipality, by a vote of the majority of the governing body, may issue an order subsequent to an order issued by a municipal health officer;

(iii)

The governing body of a political subdivision that is a member of a health district or a district health department, by a majority vote of the governing body, may issue an order subsequent to an order issued by a district health officer to have effect within the governing body's political subdivision only.

(b)

Nothing in this chapter shall be construed to limit a parent or guardian's right to the care, custody and control of a minor child under the care of the parent or guardian.

(c)

Nothing in this chapter shall be construed to limit a caregiver's right to the care, custody and control of a vulnerable adult.

(d)

As used in this section:

(i)

"Caregiver" means a family member responsible, or a person with court ordered responsibility, for the care, custody and control of a vulnerable adult;

(ii)

"Vulnerable adult" means as defined in W.S. 35
‑
20
‑
102(a)(xviii).

Section 2.

W.S. 9
‑
2
‑
103(e)(intro) and (i), 21
‑
4
‑
309(d)(i) and 35
‑
1
‑
240(a)(intro) and by creating a new subsection (c) are amended to read:

9
‑
2
‑
103.

Division administrators; appointment; qualifications; duties; salaries, tenure and removal generally; necessary personnel.

(e)

The
director
governor
shall appoint a state health officer who shall be licensed in Wyoming as a physician and who shall carry out the statutory duties and any other duties assigned to
him
the state health officer
by the director. The state health officer shall:

(i)

Answer directly to the director
Serve at the pleasure of the director and governor, either of whom may remove the state health officer
;

21
‑
4
‑
309.

Mandatory immunizations for children attending schools; exceptions.

(d)

For purposes of this section:

(i)

"State health officer" means the person appointed by the
director of the department of health
governor
pursuant to W.S.
9
‑
2
‑
103
9
‑
2
‑
103(e)
;

35
‑
1
‑
240.

Powers and duties.

(a)

Subject to subsection (c) of this section, t
he department of health, through the state health officer, or under his direction and supervision, through the other employees of the department, shall have and exercise the following powers and duties:

(c)

Any order issued under this section that restricts individuals' movements or their ability to engage in any activity, that applies to individuals not under an isolation or quarantine order and that is designed to prevent or limit the transmission of a contagious or possibly contagious disease shall be effective for a period of not more than ten (10) days. Subsequent orders for the same or substantially same purpose shall only be issued by the governor, with consultation provided by the state health officer and shall be in effect for not more than sixty (60) days.

Section 3
.

W.S. 9
‑
2
‑
103(d) is repealed.

Section 4
.

This act shall only apply to orders issued by the state health officer or municipal, county or district health officers on or after the effective date of this act. No order issued before the effective date of this act shall be subject to this act during any period for which the public health order is effective.

Section 5.

This act is effective July 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1