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21LSO-0303
2021
STATE OF WYOMING
21LSO-0303
ENGROSSED
3.0
SENATE FILE NO. SF0080
Public health orders-local and legislative oversight.
Sponsored by: Senator(s) McKeown, Bouchard, French, Hutchings, James, Kolb and Steinmetz and Representative(s) Bear, Fortner and Jennings
A BILL
for
AN ACT relating to public health orders; imposing limitations on the declaration of public health emergencies; imposing requirements and limitations on state and county public health orders as specified; requiring ratification of state and county public health orders; authorizing local oversight of state public health orders; making conforming amendments and technical corrections; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 35
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245 and 35
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310 are created to read:
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245.
Public health orders; limitations; local oversight; ratification.
(a)
No public health order issued under W.S. 35
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240(a)(ii) or (iv) shall become effective without notice being provided to the public not less than forty
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eight (48) hours before the order is to become effective and without the governor and the department of health providing an opportunity for public comment through written and electronic submissions to the governor and the department.
Provided, however, any public health order issued under W.S. 35
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240(a)(ii) or (iv) shall become effective immediately if a delay of forty
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eight (48) hours will result in immediate and life
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threatening physical harm, exposure or transmission beyond the existing affected area.
(b)
A county may opt out of a public health order issued under W.S. 35
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240(a)(ii) or (iv) by submitting a writing signed by a majority of the members of that county's board of county commissioners and by publishing a notice as soon as possible in the county's designated official newspaper and on the county's official website.
(c)
No public health order issued under W.S. 35
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240(a)(ii) or (iv) shall be effective for a period exceeding sixty (60) days unless the order is ratified by the legislature through legislative order, with each house voting separately.
For purposes of ratifying a public health order issued under W.S. 35
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240(a)(ii) or (iv), the legislature may convene via electronic means or in another place or places other than the seat of government if the public health emergency necessitates meeting via electronic means or at another place or places. If the legislature meets via electronic means or at a place or places other than the seat of government, the legislative session shall be anchored at the seat of government by at least the presiding officer or acting presiding officer of each house of the legislature.
(d)
For purposes of this section, a public health order shall be considered to be effective for a period exceeding sixty (60) days if the public health order includes an effective period that exceeds sixty (60) days or if the material requirements of the order are contained
in multiple orders whose combined effective period exceeds sixty (60) days within any twelve (12) month period.
(e)
Public health orders ratified by the legislature shall be in effect until:
(i)
The date set in the legislative order for termination of the public health order.
If no date is set the order shall terminate sixty (60) days after ratification;
(ii)
The legislature terminates the order; or
(iii)
The public health officer with approval of the governor terminates the order.
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310.
Public health orders by county, municipal and district health officers; limitations; ratification.
(a)
No public health order requested or issued by a county, municipal or district health officer or by a county or municipal board of health under this article shall become effective without notice being provided to the
public not less than forty
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eight (48) hours before the order is to become effective and an opportunity to provide public comment through written and electronic submissions is provided. For public health orders requested or issued by:
(i)
A county health officer, the board of county commissioners shall provide the opportunity for public comment through written and electronic submissions to the board;
(ii)
A municipal health officer, the governing body of the municipality shall provide the opportunity for public comment through written and electronic submissions to the governing body;
(iii)
A district health officer, the governing bodies of each political subdivision participating in the district shall provide the opportunity for public comment through written and electronic submissions to that governing body.
(b)
No public health order requested or issued by a county, municipal or district health officer or by a county or municipal board of health under this article shall be effective for a period exceeding thirty (30) days unless the order is ratified in accordance with this subsection. Any order ratified by the applicable governing body shall be effective for a maximum of thirty (30) days after the ratification. Public health orders subject to this subsection may be ratified more than one (1) time. For purposes of this subsection:
(i)
An order issued by a county health officer or by a county board of health shall be ratified by a vote of the majority of the board of county commissioners of that county;
(ii)
An order issued by a municipal health officer or by a city board of health shall be ratified by a vote of the majority of the members of the governing body of that municipality;
(iii)
An order issued by a district health officer or a district board of health shall be ratified by
a majority vote of the governing bodies of each political subdivision participating in the district.
(c)
For purposes of this section, a public health order is considered to be effective for a period exceeding thirty (30) days if the public health order includes an effective period that exceeds thirty (30) days or if the material requirements of the order are contained in multiple orders whose combined effective period exceeds thirty (30) days within any twelve (12) month period.
Section 2.
W.S. 35
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240(a)(ii) and (iv), 35
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303(a), 35
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305 by creating a new subsection (d) and 35
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115(a)(i) and by creating a new subsection (b) are amended to read:
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240.
Powers and duties.
(a)
The 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:
(ii)
To investigate and control the causes of epidemic, endemic, communicable, occupational and other diseases and afflictions, and physical disabilities resulting therefrom, affecting the public health
. Orders imposed under this paragraph shall be subject to the limitations imposed by W.S. 35
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245
;
(iv)
To close theaters, schools and other public places, and to forbid gatherings of people when necessary to protect the public health
. Orders imposed under this paragraph shall be subject to the limitations imposed by W.S. 35
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245
;
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303.
Rules and regulations; jurisdiction.
(a)
Subject to the requirements of W.S. 35
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310, c
ounty
,
and/or
city and district boards of health may enact rules and regulations pertaining to the prevention of disease and the promotion of public health in the area over which such respective boards have jurisdiction. But in no instance shall such rules and regulations be less effective than, or in conflict with, rules and regulations promulgated by the state department of health.
The
D
istrict
and/or
and
city health officers shall have all powers vested by law in county health officers.
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305.
Appointment of health officers and other personnel generally; local board of health may fix fees for certain services.
(d)
All health officers appointed under this article shall comply with the provisions of W.S. 35
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310.
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115.
Definitions; limitations on public health emergencies.
(a)
As used in this article:
(i)
"Public health emergency" means an occurrence or imminent threat of an illness or health condition caused by an epidemic or pandemic disease, a novel and highly fatal infectious agent or a biological toxin that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long
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term disability.
Subject to subsection (b) of this section, t
he
governor shall declare when a public health emergency exists or has ended;
(b)
No public health emergency declared by the governor under paragraph (a)(i) of this section
that results in requirements or orders of the closure of public or private buildings, facilities or other places, limits in
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person restaurant dining or forbids or otherwise limits in
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person gatherings shall be effective for a period exceeding sixty (60) days unless the order is ratified by the legislature through legislative order, with each house voting separately. Any order ratified by legislative order shall be effective for a maximum of sixty (60) days after the ratification. Public health emergencies subject to this subsection may be ratified more than one (1) time.
Section 3
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This act shall only apply to public health emergencies or orders issued on or after the effective date of this act. No public health emergency or order issued before the effective date of this act shall be subject to this act during any period for which the public health emergency or order is effective.
Section 4.
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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SF0080