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22LSO-0418
2022
STATE OF WYOMING
22LSO-0418
Numbered
2.0
SENATE FILE NO. SF0088
COVID and mRNA vaccine status-privacy and discrimination.
Sponsored by: Senator(s) Bouchard, Biteman, French, James, McKeown and Salazar and Representative(s) Baker, Burt, Fortner, Hallinan, Heiner, Laursen and Wharff
A BILL
for
AN ACT relating to public health and safety; prohibiting discrimination based on a person's COVID-19 or messenger RNA vaccination status as specified; providing criminal and civil penalties and remedies; providing definitions; making conforming amendments; specifying applicability; 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.
Messenger RNA and COVID
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19 vaccinations; discrimination based on vaccination status prohibited; penalties; remedies.
(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)
"COVID
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19 vaccination" means any vaccine that is marketed to prevent COVID
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19 or any vaccine that is marketed to diminish or decrease the symptoms of COVID
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19;
(iii)
"Employer" means any person or organization that has in its employ one (1) or more persons performing services for it in employment;
(iv)
"Governmental entity" means as defined in W.S. 1
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39
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103(a)(i) and includes any local government as defined in W.S. 1
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39
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103(a)(ii);
(v)
"Health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession and who, either individually or through the person's office, employer or practice, receives or expends public funds in the provision of health care;
(vi)
"mRNA vaccination" shall include a COVID
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19 vaccination and means a vaccination or immunization that uses messenger ribonucleic acid to make a protein that triggers an immune response in the body;
(vii)
"Vaccination status" means evidence of whether a person has received one (1) or more doses of an mRNA vaccination.
(b)
No employer, governmental entity or health care provider shall:
(i)
Refuse, withhold from or deny to a person any services, goods, facilities, advantages and privileges
that are public in nature or that invite the patronage of the public, or any licensing, employment opportunities, educational opportunities or health care, based on the person's vaccination status; or
(ii)
Ask a person or inquire into a person's vaccination status in order for the person to access any services, goods, facilities, advantages and privileges that are public in nature or that invite the patronage of the public, or any licensing, employment opportunities, educational opportunities or health care.
(c)
Any person who violates subsection (b) of this section shall be guilty of a felony punishable by a fine of not less than five thousand dollars ($5,000.00), imprisonment for a period of not more than five (5) years, or both.
(d)
In addition to any criminal penalties imposed under this section and notwithstanding W.S. 1
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1
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141 and 35
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4
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114, a person aggrieved by a violation of subsection (b) of this section may bring a civil cause of action
against the violator for compensatory damages and injunctive relief or other equitable relief.
Section 2.
W.S. 1
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1
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141(a)(iii)(intro) and 35
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4
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114(a), (d) and by creating a new subsection (f) are amended to read:
1
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1
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141.
COVID
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19 exposure and illness; assumption of the risk.
(a)
As used in this section:
(iii)
"COVID
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19 liability claim"
excludes a cause of action filed under W.S. 35
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4
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140 and
means a cause of action for:
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.
(d)
Except as provided in subsection (f) of this section, a
ny health care provider, person or entity shall be immune from liability for damages in an action involving a COVID
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19 liability claim unless the person seeking damages proves that the health care provider, person or entity took actions that constitutes gross negligence or willful or wanton misconduct. Nothing in this subsection shall be construed to limit any other immunity available
under law, including the immunity provided in subsection (a) of this section. As used in this subsection, "COVID
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19 liability claim" means as defined by W.S. 1
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1
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141(a)(iii).
(f)
The immunity from liability provided in subsections (a) and (d) of this section shall not apply to claims or causes of action filed under W.S. 35
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4
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140(d).
Section 3
.
This act shall apply to all causes of action and claims that accrue on and after the effective date of this act.
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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SF0088