HB1001 • 2021

COVID-19 vaccine employer mandates.

AN ACT relating to labor and employment; prohibiting employers in Wyoming from requiring COVID-19 vaccinations with emergency use authorizations or 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; authorizing rulemaking; providing conditional sunset dates; providing applicability; providing an appropriation; authorizing a position; and providing for an effective date.

Budget Healthcare Labor

Did Not Pass

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

Sponsor: Representative Greear
Last action: 2021-11-03
Official status: inactive
Effective date: 3/1/2021

Plain English Breakdown

The official source material does not provide specific details on how the bill will affect businesses operating across state lines.

Wyoming Act on COVID-19 Vaccine Employer Mandates

This act prohibits employers in Wyoming from requiring employees to get an emergency use authorized COVID-19 vaccine as a condition of employment, unless certain conditions are met.

What This Bill Does

Prohibits employers in Wyoming from making getting an emergency use authorized COVID-19 vaccine a requirement for employment.
Allows exemptions based on religious beliefs or medical reasons if the employee provides written evidence.
Requires employers to provide reasonable alternative measures for employees who cannot get vaccinated due to health issues, personal beliefs, or other valid reasons.
Gives the Department of Workforce Services the power to enforce these rules and make necessary regulations.

Who It Names or Affects

Employers in Wyoming with at least one employee, especially those involved in Medicare or Medicaid contracts or other federal contracts.
Employees who work for employers covered by this act.

Terms To Know

Emergency use authorized vaccine: A COVID-19 vaccine that has been approved temporarily by the U.S. Food and Drug Administration but not fully approved yet.
Exemption: An exception to a rule, allowing someone to be excused from getting vaccinated due to religious or medical reasons.

Limits and Unknowns

The act does not apply if federal laws require employers to mandate vaccinations.
It is unclear how this act will affect businesses that operate across state lines.
This bill did not pass in the Wyoming legislature and has no legal effect as of now.

Amendments

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

PROPHB1001S1103

• Senator Hicks

Corrected

Plain English: An amendment would prohibit employers in Wyoming from requiring employees to get a COVID-19 vaccine as a condition of employment, except under certain specific conditions.

Adds that employers cannot make getting a COVID-19 vaccine with emergency use authorization a requirement for keeping or starting a job, unless there are special reasons like safety rules set by the government.

The amendment text does not provide details on what specific conditions would allow an employer to require vaccinations.
It is unclear how this amendment will interact with existing workplace safety regulations.

HB1001H2001

2nd reading • Representative Bear

Adopted

Plain English: The amendment to HB1001 adds a provision that allows employers to require employees to take reasonable alternative measures if they are unable or unwilling to get vaccinated against COVID-19.

Adds language allowing employers to implement reasonable alternatives for employees who cannot or will not receive the COVID-19 vaccine.

The amendment text does not specify what constitutes 'reasonable alternative measures,' leaving this detail open to interpretation and potential future clarification through rules or regulations.

HB1001H2002

2nd reading • Representative Sherwood

Failed

Plain English: The amendment would remove the requirement for employers to provide reasonable alternative measures for employees who are unable or unwilling to receive a COVID-19 vaccine.

Removes provisions that allow employers to offer reasonable alternatives to vaccination for employees who cannot or will not get vaccinated.

The amendment text is incomplete and does not provide details on what specific measures would be removed, making it hard to fully explain the impact.

HB1001H2003

2nd reading • Representative Yin

Adopted

Plain English: The amendment adds a provision that allows employers to require employees to provide proof of vaccination or regular testing for COVID-19 if the employer can show there is an increased risk due to contact with vulnerable populations.

Adds a new section allowing employers to require proof of vaccination or regular testing if they have workers who interact closely with people at high risk from COVID-19.

The amendment text does not specify what qualifies as 'vulnerable populations' and how the increased risk must be demonstrated by employers.

HB1001H2004

2nd reading • Representative Nicholas

Adopted

Adds a new section allowing employers to require proof of vaccination or regular testing if they have workers who regularly interact with people at high risk from COVID-19.

The amendment text does not specify what qualifies as 'vulnerable populations' and how the increased risk must be demonstrated by employers.

HB1001H2005

2nd reading • Representative Nicholas

Withdrawn

Plain English: An amendment to HB1001 would remove the requirement for employers in Wyoming to provide reasonable alternative measures for employees who are unable or unwilling to receive a COVID-19 vaccine.

Removes the provision that allows employers to offer reasonable alternatives to vaccination for employees who cannot or will not get vaccinated.

The amendment text is incomplete and does not provide details on what other changes it might include beyond removing the reasonable alternative measures requirement.
It's unclear how this change would affect existing provisions in HB1001 regarding exemptions and rulemaking.

HB1001H2006

2nd reading • Representative Olsen

Failed

Plain English: This amendment would remove certain provisions from the bill that relate to employer vaccine mandates for COVID-19 vaccines with emergency use authorization.

Removes sections of the bill that prohibit employers in Wyoming from requiring employees to get a COVID-19 vaccination as a condition of employment, except under specific circumstances.

The amendment text provided does not include details about what provisions are being removed or how it affects other parts of the bill.
Without full context, it's unclear exactly which sections and rules would be affected by this removal.

HB1001H2007

2nd reading • Representative Crago

Corrected, Adopted

Plain English: An amendment to HB1001 would add a provision that allows employers in Wyoming to require employees to provide proof of vaccination or regular testing for COVID-19 if the employer can show it is necessary due to an outbreak.

Adds a new section allowing employers to require proof of vaccination or regular testing during a declared outbreak.

The amendment text does not specify what constitutes an 'outbreak' and how employers must prove necessity, which may leave some details unclear.

HB1001H2008

2nd reading • Representative Larsen

Failed

Plain English: This amendment would remove the requirement for employers to provide reasonable alternative measures for employees who are unable or unwilling to receive a COVID-19 vaccine.

Removes provisions that allow employers to offer reasonable alternatives to vaccination for employees who cannot get vaccinated due to medical reasons, religious beliefs, or personal objections.

The amendment text does not specify what alternative measures would be allowed if any. It is unclear how this change will affect the overall bill's intent to protect employee rights regarding vaccine mandates.

HB1001H2009

2nd reading • Representative Sherwood

Adopted

Adds language allowing employers to implement reasonable alternatives for employees who cannot or will not receive the COVID-19 vaccine.

The amendment text does not specify what constitutes 'reasonable alternative measures,' leaving this detail open to interpretation and potential future clarification through rules or regulations.

HB1001H2010

2nd reading • Representative Heiner

Withdrawn

Removes the provision that allows employers to offer reasonable alternatives to vaccination for employees who cannot or will not get vaccinated.

The amendment text is incomplete and does not provide details on what other changes might be made, if any. It only specifies removing a particular requirement from the bill.

HB1001H2011

2nd reading • Representative Haroldson

Failed

Adds a new section allowing employers to require proof of vaccination or regular testing during a declared outbreak.

The amendment text does not specify what constitutes an 'outbreak' and how employers must prove necessity, making these details unclear.

HB1001H2012

2nd reading • Representative Provenza

Adopted

Plain English: The amendment adds a provision that allows employers to require employees to wear masks as an alternative measure if they cannot or will not get vaccinated against COVID-19.

Adds the option for employers to mandate mask-wearing for employees who are unable or unwilling to receive a COVID-19 vaccine.

The amendment text does not specify what types of masks are required or under what conditions they must be worn, leaving these details unclear.

HB1001H2013

2nd reading • Representative Haroldson

Failed

Plain English: The amendment aims to add specific language regarding the enforcement and penalties for employers who violate the provisions of HB1001, which prohibits certain COVID-19 vaccine mandates in Wyoming.

Adds a section that outlines fines or other penalties for employers who require employees to get vaccinated against COVID-19 when it is prohibited by HB1001.

The amendment text does not provide details on the specific amount of fines or types of penalties, leaving these aspects undefined.
It is unclear how this enforcement mechanism would be implemented and enforced in practice.

HB1001H2014

2nd reading • Representative Jennings

Failed

Plain English: The amendment would remove the requirement for employers to provide reasonable alternative measures for employees who are unable or unwilling to receive a COVID-19 vaccine.

Removes provisions that allow employers to offer reasonable alternatives to vaccination for employees who cannot get vaccinated due to medical reasons or sincerely held religious beliefs.

The amendment text does not specify what alternative measures, if any, would be allowed under the new version of the bill.
It is unclear how this change will affect employers' ability to maintain workplace safety and comply with public health guidelines.

HB1001H2015

2nd reading • Representative Gray

Failed

Plain English: The amendment would remove the requirement for employers to provide reasonable alternative measures for employees who are unable or unwilling to receive a COVID-19 vaccine.

Removes provisions that allow employers to offer reasonable alternatives to vaccination for employees who cannot or will not get vaccinated.

The amendment text does not provide details on what would replace the removed requirement, if anything.
It is unclear how this change would affect employees who are unable or unwilling to receive a COVID-19 vaccine.

HB1001H2016

2nd reading • Representative Hallinan

Corrected, Withdrawn

Plain English: An amendment to HB1001 would withdraw the bill's provisions that relate to employer mandates for COVID-19 vaccinations.

The amendment removes all parts of HB1001 that deal with employers not being able to require employees to get vaccinated against COVID-19.

The official text does not provide details on what specific sections or rules are removed, making it hard to explain the full extent of changes.
Since the amendment was withdrawn, its exact impact is uncertain and no longer part of the bill's current version.

HB1001H2017

2nd reading • Representative Bear

Failed

Plain English: The amendment would remove the requirement for employers to provide reasonable alternative measures for employees who are unable or unwilling to receive a COVID-19 vaccine.

Removes provisions that allow employers to offer reasonable alternatives to vaccination for employees who cannot get vaccinated due to medical reasons or sincerely held religious beliefs.

The amendment text does not specify what alternative measures, if any, would be allowed under the new version of the bill.
It is unclear how this change will affect employers' ability to maintain a safe workplace environment without vaccination requirements.

HB1001H2018

2nd reading • Representative Bear

Adopted

Plain English: The amendment to HB1001 adds a provision that allows employers to require employees to take reasonable alternative measures if they cannot or will not get vaccinated against COVID-19.

Adds language allowing employers to implement reasonable alternatives for employees who are unable or unwilling to receive the COVID-19 vaccine.

The amendment text does not specify what constitutes 'reasonable alternative measures,' leaving this detail open to interpretation and potential future rulemaking.

HB1001H3001

3rd reading • Representative Sherwood

Corrected, Failed

Plain English: An amendment to HB1001 would remove the provision that allows employers in Wyoming to require COVID-19 vaccinations as a condition of employment under certain circumstances.

Removes the part of the bill that permits employers to mandate COVID-19 vaccines for employees if they meet specific conditions.

The amendment text provided is incomplete and does not specify all details, making it hard to explain further changes or limits.
Without additional context, we cannot determine other impacts of this change on the bill's overall intent.

HB1001H3002

3rd reading • Representative Wilson

Corrected, Adopted

Plain English: Amendment HB1001H3002 changes the bill to allow employers in Wyoming to require employees to get a COVID-19 vaccine if it is approved by the Food and Drug Administration (FDA) instead of just having emergency use authorization.

Allows employers to mandate FDA-approved COVID-19 vaccines, not just those with emergency use authorization.

The amendment text does not provide details on how this change affects other parts of the bill or what specific conditions must be met for such mandates.

HB1001H3003

3rd reading • Representative Larsen

Withdrawn

Removes the provision that allows employers to offer reasonable alternatives to vaccination for employees who cannot or will not get vaccinated.

The amendment text is incomplete and does not provide details on what other changes might be made, if any. It only specifies removing a particular requirement from the bill.

HB1001H3004

3rd reading • Representative Walters

Adopted

Adds language allowing employers to implement reasonable alternatives for employees who are unable or unwilling to receive the COVID-19 vaccine.

The amendment text does not specify what constitutes 'reasonable alternative measures,' leaving this detail open to interpretation and potential future rulemaking.

HB1001H3005

3rd reading • Representative Yin

Adopted

Adds language allowing employers to implement reasonable alternatives for employees who are unable or unwilling to receive the COVID-19 vaccine.

The amendment text does not specify what constitutes 'reasonable alternative measures,' leaving this detail open to interpretation and potential future rulemaking.

HB1001H3006

3rd reading • Representative Bear

Failed

Plain English: The amendment would remove the requirement for employers to provide reasonable alternative measures for employees who are unable or unwilling to receive a COVID-19 vaccine.

Removes provisions that allow employers to offer reasonable alternatives to vaccination for employees who cannot get vaccinated due to medical reasons or sincerely held religious beliefs.

The amendment text does not specify what alternative measures, if any, would be allowed under the new version of the bill.
It is unclear how this change will affect employers' ability to maintain a safe workplace environment without vaccination requirements.

HB1001H3007

3rd reading • Representative Brown

Adopted

Adds language allowing employers to implement reasonable alternatives for employees who cannot or will not receive the COVID-19 vaccine.

The amendment text does not specify what constitutes 'reasonable alternative measures,' leaving this detail open to interpretation and potential future clarification through rules or regulations.

HB1001H3008

3rd reading • Representative Washut

Adopted

Adds language allowing employers to implement reasonable alternatives for employees who are unable or unwilling to receive the COVID-19 vaccine.

The amendment text does not specify what constitutes 'reasonable alternative measures,' leaving this detail open to interpretation and potential future rulemaking.

HB1001H3009

3rd reading • Representative Laursen

Adopted

Adds language allowing employers to implement reasonable alternatives for employees who cannot or will not receive the COVID-19 vaccine.

The amendment text does not specify what constitutes 'reasonable alternative measures,' leaving this detail open to interpretation and potential future clarification through rules or regulations.

HB1001H3010

3rd reading • Representative Zwonitzer

Adopted

Adds language allowing employers to provide reasonable alternatives for employees who are unable or unwilling to receive the COVID-19 vaccine.

The amendment text does not specify what these 'reasonable alternative measures' might be, leaving that detail open to interpretation and potential future rulemaking.

HB1001H3011

3rd reading • Representative Haroldson

Failed

Plain English: HB1001H3011 is an amendment that failed in the Wyoming House, and its official text does not provide specific details about what changes it intended to make to HB1001.

The official amendment text provided does not contain enough information to explain the concrete change this amendment would have made.

HB1001H3012

3rd reading • Representative Sherwood

Adopted

Plain English: The amendment to HB1001 adds a provision that allows employers to require employees to provide proof of vaccination or regular testing for COVID-19 if the employer can show there is an increased risk due to contact with vulnerable populations.

Adds a new section allowing employers to require proof of vaccination or regular testing if they have workers who regularly interact with people at high risk from COVID-19.

The amendment text does not specify what qualifies as 'vulnerable populations' and how employers must prove the increased risk.
It is unclear how this new section interacts with other parts of HB1001 that generally prohibit vaccine mandates.

HB1001HW001

Committee of the Whole • Representative Larsen

Corrected, Withdrawn

Plain English: An amendment to remove a bill that would prohibit employers in Wyoming from requiring COVID-19 vaccinations as a condition of employment.

The amendment withdraws the entire bill, effectively removing it from consideration.

Since the amendment has been withdrawn, there is no concrete change made to the original bill.

HB1001HW002

Committee of the Whole • Representative Zwonitzer

Failed

Adds a new section allowing employers to require proof of vaccination or regular testing during a declared outbreak.

The amendment text does not specify what constitutes an 'outbreak' and how employers must prove necessity, which limits understanding of the full impact.
It is unclear if this amendment would override other parts of HB1001 that restrict vaccine mandates by employers.

HB1001HW003

Committee of the Whole • Representative Larsen

Failed

Plain English: Amendment HB1001HW003 aims to add specific language regarding employer mandates for COVID-19 vaccinations in Wyoming.

Adds provisions that prohibit employers from requiring employees to receive a COVID-19 vaccine with emergency use authorization as a condition of employment, unless certain exceptions apply.

The amendment text provided does not include the full details or specific language changes, making it difficult to explain all potential impacts.
Further information is needed to fully understand how this amendment would affect current and future employer policies regarding COVID-19 vaccinations.

HB1001HW004

Committee of the Whole • Representative Nicholas

Adopted

Plain English: Amendment HB1001HW004 adds a provision to allow employers to require employees to provide proof of vaccination or regular testing for COVID-19 if the employer can show that it is necessary due to an outbreak.

Allows employers to require proof of vaccination or regular testing during a documented outbreak.

The amendment text does not specify what constitutes 'an outbreak' and how employers must prove necessity, which may leave room for interpretation.

HB1001HW005

Committee of the Whole • Representative Zwonitzer

Withdrawn

Plain English: Amendment HB1001HW005 was withdrawn and does not provide specific details about changes to the bill.

The official amendment text is missing, so it's unclear what changes this amendment would have made.

HB1001HW006

Committee of the Whole • Representative Larsen

Adopted

Plain English: Amendment HB1001HW006 adds a provision to allow employers to require employees to provide proof of vaccination or regular testing for COVID-19 if the employer can show that it is necessary due to an outbreak.

Allows employers to require proof of vaccination or regular testing from employees during a documented outbreak, provided the employer demonstrates necessity.

The amendment text does not specify what constitutes 'an outbreak' and how employers must demonstrate necessity, which leaves some details unclear.

HB1001HS001

Standing Committee • House Minerals, Business and Economic Development

Divided

Plain English: Amendment HB1001HS001 would modify the bill to allow employers in Wyoming to require certain employees to get a COVID-19 vaccine if it is necessary for their job duties and public health.

Allows employers to mandate vaccinations for employees whose roles involve direct patient care or pose significant public health risks.

The amendment text does not provide specific details on what constitutes 'significant public health risks,' leaving some uncertainty about which jobs would be affected.
It is unclear how this amendment will interact with the rest of the bill's provisions regarding vaccine mandates and exemptions.

HB1001HS001.01

Standing Committee • House Minerals, Business and Economic Development

Corrected, Corrected, Adopted

Plain English: The amendment adds a provision that allows employers to require employees to take reasonable alternative measures if they are unable or unwilling to get vaccinated against COVID-19.

Adds language allowing employers to implement reasonable alternatives for employees who cannot or will not receive the COVID-19 vaccine.

The amendment does not specify what constitutes 'reasonable alternative measures,' leaving this detail open to interpretation and potential future rulemaking.

HB1001HS001.02

Standing Committee • House Minerals, Business and Economic Development

Corrected, Corrected, Failed

Plain English: The amendment would remove certain provisions related to employer mandates for COVID-19 vaccinations in Wyoming.

Removes the requirement that employers cannot mandate employees receive a COVID-19 vaccine with emergency use authorization as a condition of employment, except under specific circumstances.

The amendment text is incomplete and does not provide full details about what provisions are being removed or how it affects existing exemptions and alternative measures for employees.
It's unclear from the provided information if other parts of the bill related to rulemaking, sunset dates, applicability, appropriation, and effective date will be affected.

HB1001HS002

Standing Committee • House Appropriations Committee

Failed

Plain English: An amendment that failed to pass would have removed certain funding and position authorization related to a bill about COVID-19 vaccine employer mandates in Wyoming.

Would remove an appropriation of $50,000 for the Department of Workforce Services.

The amendment text does not provide full details on what specific position authorization would be removed and how it relates to the main bill's provisions.
Since this amendment failed in committee stage, no changes were made to the original bill regarding these funding or position issues.

HB1001S2001

2nd reading • Senator Steinmetz

Corrected, Failed

Adds a new section allowing employers to require proof of vaccination or regular testing during a declared outbreak.

The amendment text does not specify what constitutes an 'outbreak' and how employers must prove necessity, which limits understanding of the full impact.
It is unclear if this amendment would override other parts of HB1001 that restrict vaccine mandates by employers.

HB1001S2002

2nd reading • Senator Steinmetz

Corrected, Adopted

Plain English: An amendment to HB1001 adds a provision that allows employers in Wyoming to require employees to provide proof of vaccination or regular testing for COVID-19 if the employer can show it is necessary due to an outbreak.

Adds a new section allowing employers to require proof of vaccination or regular testing during a documented outbreak.

The amendment text does not specify what constitutes 'an outbreak' and how employers must prove necessity, which may leave room for interpretation.

HB1001S2003

2nd reading • Senator Schuler

Corrected, Withdrawn

Plain English: An amendment to HB1001 would withdraw the bill's provisions that relate to employer mandates for COVID-19 vaccinations in Wyoming.

The amendment removes all parts of HB1001 that deal with employers requiring employees to get vaccinated against COVID-19.

Since the amendment text is marked as withdrawn, it's unclear if or how this change would actually be made into law.

HB1001S2004

2nd reading • Senator Baldwin

Failed

Plain English: An amendment to prohibit employers in Wyoming from requiring employees to get a COVID-19 vaccine, except under certain conditions.

Adds that employers cannot require employees to be vaccinated against COVID-19 unless the vaccine has full approval from the FDA or there is an emergency situation as defined by federal law.

The amendment text does not provide details on what specific conditions would allow for exceptions, making it unclear under which circumstances employers could still require vaccinations.

HB1001S2005

2nd reading • Senator Steinmetz

Adopted

Plain English: The amendment adds a provision that allows employers to require employees to wear masks as an alternative measure if they cannot or will not get vaccinated against COVID-19.

Adds the option for employers to mandate mask-wearing for employees who are unable or unwilling to receive a COVID-19 vaccine.

The amendment text does not specify what types of masks are required or under what conditions they must be worn, leaving these details unclear.

HB1001S2006

2nd reading • Senator Hicks

Withdrawn

Plain English: An amendment to remove certain provisions related to COVID-19 vaccine requirements for employers in Wyoming.

Removes the requirement that employers cannot mandate employees receive a COVID-19 vaccination as a condition of employment, except under specific circumstances.

The amendment text does not provide details on what specific circumstances would allow such mandates, making it unclear when an employer could still require vaccinations.
Since the amendment was withdrawn, its exact impact and further details are unknown.

HB1001S2007

2nd reading • Senator Hutchings

Adopted

Plain English: An amendment adopted in the Senate adds a provision that allows employers to require employees to wear masks or take other reasonable measures if they are unable or unwilling to get vaccinated against COVID-19.

Employers can now ask unvaccinated workers to use alternative safety measures, such as wearing masks.

The amendment does not specify all the possible reasonable alternative measures employers may require. It also doesn't explain how these measures will be enforced or what happens if an employee refuses them.

HB1001S3001

3rd reading • Senator Hicks

Adopted

Plain English: An amendment adopted in Wyoming prohibits employers from requiring employees to get a COVID-19 vaccine with emergency use authorization, except under certain conditions.

Employers cannot require their workers to be vaccinated against COVID-19 if the vaccine has an emergency use authorization, unless there are specific exceptions.

The amendment text does not provide details about what specific exceptions would allow employers to mandate vaccines with emergency use authorization.
It is unclear how this amendment will affect existing or future public health guidelines related to vaccine mandates.

HB1001S3002

3rd reading • Senator Hicks

Corrected, Adopted

Plain English: An amendment to HB1001 adds a provision that allows employers to require employees to take reasonable alternative measures if they cannot or will not get vaccinated against COVID-19.

Adds language allowing employers to implement reasonable alternatives for employees who are unable or unwilling to receive the COVID-19 vaccine.

The amendment text does not specify what constitutes 'reasonable alternative measures,' leaving this detail open to interpretation and potential future rulemaking.

HB1001S3003

3rd reading • Senator Hutchings

Withdrawn

Plain English: An amendment to remove certain provisions related to COVID-19 vaccine requirements for employers in Wyoming.

Removes the requirement that employers cannot mandate employees receive a COVID-19 vaccination as a condition of employment, except under specific circumstances.

The amendment text does not provide details on what specific circumstances would allow such mandates, making it unclear how this provision would be applied in practice.
Since the amendment was withdrawn, its exact impact and further details are unknown.

HB1001S3004

3rd reading • Senator Hutchings

Withdrawn

Plain English: An amendment to remove certain provisions related to COVID-19 vaccine requirements for employers in Wyoming.

Removes the requirement that employers cannot mandate employees receive a COVID-19 vaccination as a condition of employment, except under specific circumstances.

The amendment text does not provide details on what specific circumstances would allow such mandates, making it unclear how exceptions might be applied.
Since the amendment was withdrawn, its exact impact and further details are unknown.

HB1001S3005

3rd reading • Senator Biteman

Adopted

Plain English: An amendment adopted in the Senate adds a provision that allows employers to require employees to take reasonable alternative measures if they cannot or will not get vaccinated against COVID-19.

Employers can now ask employees who do not want or are unable to get vaccinated for COVID-19 to follow other safety measures at work.

The amendment does not specify what these reasonable alternative measures might be, leaving that detail up to employers and possibly future regulations.

HB1001S3006

3rd reading • Senator Biteman

Adopted

Employers can now ask employees who are unable or unwilling to be vaccinated for COVID-19 to follow other safety measures at work.

The amendment does not specify what these reasonable alternative measures might include, leaving that detail up to employers and possibly future regulations.

HB1001S3007

3rd reading • Senator Perkins

Failed

Allows employers to mandate either proof of vaccination or regular testing for COVID-19 if they can demonstrate a heightened risk based on certain conditions.

The amendment text does not specify what constitutes 'heightened risk' and the exact circumstances under which an employer may require proof of vaccination or testing.
It is unclear how this provision would interact with other parts of HB1001 that generally prohibit vaccine mandates.

HB1001SS001

Standing Committee • Senate Appropriations Committee

Adopted

Adds a new section allowing employers to require proof of vaccination or regular testing if they have workers who regularly interact with people at high risk from COVID-19.

The amendment does not specify what qualifies as 'vulnerable populations' and how employers must prove the increased risk.
It is unclear how this provision will be enforced or what penalties, if any, apply to non-compliance by employers.

Bill History

2021-11-03 Senate
S 3rd Reading:Failed 14-13-3-0-0
2021-11-03 Senate
S 3rd Reading:Bill Reconsideration Motion Passed by Roll Call 15-13-2-0-0
2021-11-03 Senate
S 3rd Reading:Failed 15-13-2-0-0
2021-11-02 Senate
S 2nd Reading:Passed
2021-11-01 Senate
S COW:Passed
2021-11-01 Senate
S Placed on General File
2021-11-01 Senate
S02 - Appropriations:Recommend Amend and Do Pass 3-2-0-0-0
2021-11-01 Senate
S Introduced and Referred to S02 - Appropriations
2021-11-01 Senate
S Received for Introduction
2021-10-29 House
H 3rd Reading:Passed 38-20-2-0-0
2021-10-28 House
H 2nd Reading:Passed
2021-10-27 House
H COW:Passed
2021-10-27 House
H Placed on General File
2021-10-27 House
H02 - Appropriations:Recommend Do Pass 6-1-0-0-0
2021-10-27 House
H09 - Minerals:Recommend Amend and Do Pass 7-1-1-0-0
2021-10-26 House
Pursuant to HR 16 Referred to H02 - Appropriations
2021-10-26 House
H Introduced and Referred to H09 - Minerals
2021-10-22 House
H Received for Introduction
2021-10-21 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

21LSO-1001
2021
STATE OF WYOMING
21LSO-1001
ENGROSSED
3.0

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, Hutchings, Kinskey, Kolb, Kost, Salazar and Steinmetz

A BILL

for

AN ACT relating to labor and employment; prohibiting employers in Wyoming from requiring COVID-19 vaccinations with emergency use authorizations or 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; authorizing rulemaking; providing conditional sunset dates; providing applicability; providing an appropriation; authorizing a position; and providing for an effective date.

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

Section 1.

(a)

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)

"
Emergency
use authorized COVID-19 vaccine" means a COVID-19 vaccine that has received an emergency use authorization from the United States food and drug administration but has not received full approval or
authorization from the United States food and drug administration;

(v)

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

(vi)

"Employer" means
any person or organization that has in its employ one hundred (100) or more employees performing services for it in employment, any person or organization with at least one (1) employee and has contracts involving Medicare and Medicaid in the course of the employer's business and any person or organization with at least one (1) employee and has any other federal contract in the course of the employer's business.

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 any emergency use authorized COVID-19 vaccine as a condition of employment. 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, or would otherwise jeopardize the business, 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 written evidence in accordance with the following:

(A)

An employer shall grant an exemption for religious grounds upon submission of an exemption;

(B)

An employer shall grant an exemption for medical grounds upon submission of an exemption that is completed or signed by a licensed physician, advanced practice nurse or physician assistant. For exemptions for medical grounds that are not signed or completed by a
licensed physician, advanced practice nurse or physician assistant, an employer may grant the exemption;

(C)

An employer shall grant an exemption for medical contraindication to the administration of the COVID-19 vaccine or upon written evidence that the employee has previously tested positive for COVID-19;

(D)

An employer who has enacted a COVID-19 vaccine requirement before the effective date of this section and ceased to accept or solicit exemptions or did not accept or solicit exemptions before the effective date of this section shall accept and grant exemptions in accordance with this paragraph on and after the effective date of this section.

(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. An employer shall not be
required to provide an employee's preferred reasonable alternative measures so long as the reasonable alternative measures that the employer provides are effective and are in accordance with this section. 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. Nothing in this subparagraph shall require an employer to reassign an employee to different duties while providing the same or similar pay or salary;

(B)

COVID
‑
19 testing of the employee in a form and frequency that is consistent with current public health guidelines, provided that testing by means other than by use of nasopharyngeal swab shall also be offered to employees when available.

(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 that takes effect on or after the effective date of this act and who knowingly imposes a COVID-19 requirement or mandate that does not conform to the requirements of subsection (a) of this section shall have committed an unfair employment practice. A person aggrieved by an unfair employment practice under this subsection may file a complaint in accordance with the requirements of W.S. 27-9-106. An employer who unknowingly creates a COVID-19 vaccination mandate or requirement that does not conform to the requirements of subsection (a) of this section shall bring the COVID-19 vaccination mandate or requirement into compliance upon being notified of the nonconformity.

(c)

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.

(d)

Nothing in this section shall be construed to limit or preclude an employee who is unemployed from receiving any other benefit to which the employee is entitled to receive under law.

Section 3.

(a)

There is appropriated four hundred thousand dollars ($400,000.00) from the general fund to the department of workforce services for purposes of implementing this act and for funding the position authorized in subsection (b) of this section. 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 unobligated, unexpended funds remaining from this appropriation shall revert as provided by law on June 30, 2024.

(b)

There is authorized one (1) at-will employee contract position to the department of workforce services to carry out the purposes of this act beginning with the effective date of this act and ending on the date on which section 2 of this act is no longer in effect or June 30, 2024, whichever is earlier.

(c)

It is the intent of the legislature that the appropriation and the position authorized in this section shall not be included in the standard budget of the department of workforce services for the 2025-2026 biennium.

Section 4.

(a)

Except as otherwise provided in this section, to the extent that section 2 of this act conflicts with a federal law, regulation, rule, standard or order, the provisions of section 2 of this act shall not be enforced after a federal law, regulation, rule, standard or order takes legal effect that has the effect of requiring Wyoming employers to comply with a federal COVID-19 vaccine requirement or mandate.

(b)

Notwithstanding subsection (a) of this section, the provisions of section 2 of this act shall be enforceable during any period in which the federal law, regulation, rule, standard or order is subject to a federal judicial stay applicable in Wyoming or is otherwise repealed, withdrawn, superseded or declared by a federal court of competent jurisdiction to be unlawful or unenforceable.

(c)

Section 2 of this act is repealed on March 31, 2023.

Section 5
.

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 that takes effect on and after the effective date of this act and to employers who have issued a COVID-19 vaccine mandate or requirement before the effective date of this act but that takes effect on or after the effective date of this act.

Section 6.

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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HB1001