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22LSO-0394
2022
STATE OF WYOMING
22LSO-0394
Numbered
2.0
HOUSE BILL NO. HB0118
Prohibiting mask discrimination for COVID-19.
Sponsored by: Representative(s) Hallinan, Baker, Fortner, Gray, Haroldson and Jennings and Senator(s) Biteman
A BILL
for
AN ACT relating to public health and safety; prohibiting discrimination based on the use or non-use of facial coverings for the purpose of preventing COVID-19 as specified; prohibiting publishing or advertising the use or non-use of facial coverings as a condition of receiving or accessing benefits, services or educational opportunities as specified; providing a criminal penalty; providing definitions; making a conforming amendment; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 35
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4
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140 is created to read:
35
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4
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140.
COVID
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19 discrimination based on facial coverings; penalties.
(a)
As used in this section:
(i)
"COVID
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19" means as defined by W.S. 1
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1
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141(a)(ii);
(ii)
"Facial covering" means a mask or protective covering for the mouth and nose, typically worn to reduce the spread of an infectious virus or disease;
(iii)
"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 February 1, 2022. For purposes of this section, "public accommodation" includes any public or private elementary or secondary school and any public or private institution of higher education.
(b)
No person or public accommodation shall:
(i)
Refuse, withhold from or deny to a person any services, goods, facilities, advantages or privileges that are public in nature or that invite the patronage of the public because the person is or is not wearing a face covering for any reason related to COVID
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19; or
(ii)
Publish, display or mail, either directly or indirectly, any communication, notice or advertisement that a person is or is not required to wear a face covering as a condition for receiving or accessing services, goods, facilities, advantages and privileges that are public in nature or that invite the patronage of the public.
(c)
Any person that 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 fifty dollars ($750.00), or both.
Section 2
.
W.S.
35
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4
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114(a) and by creating a new subsection (f) is amended to read:
35
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4
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114.
Immunity from liability.
(a)
Except as provided in subsection (f) of this section, d
uring a public health emergency as defined by W.S. 35
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4
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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
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4
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115(a)(i). This immunity shall not apply to acts or omissions constituting gross negligence or willful or wanton misconduct.
(f)
A person who violates W.S. 35
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4
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140 shall not be entitled to the immunity provided by this section.
Section 3
.
This act is effective July 1, 2022
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(END)
1
HB0118