A special session called to push back against the Biden administration’s vaccine mandate was supported Tuesday morning by both chambers of the Wyoming Legislature, which together advanced 10 bills for committee review.

The House nor the Senate did reject special session rules, which would have allowed identical bills to be introduced in both bodies as a time-saving measure during a planned three-day session. The House voted 20 to 37 against these rules, as did the Senate by a vote of 11 to 18. Representatives from both bodies shared concerns the special session rules might encourage a rushed process, with little opportunity for debate or public input. This led to the approval and application of rules from the general session earlier this year, with minor rule amendments considered by the House and Senate.

That means the special session could last up to 20 days, although some speculated 10 days was more realistic. 

“If it’s important enough for us to assemble here,” said Senate Minority Floor Leader Chris Rothfuss, D-Laramie, “it’s important enough for us to do it right.” 

Still, neither body voted to adjourn immediately, which would have required a majority vote of present members. The House voted 21 to 35 against adjourning, and the Senate voted 6 to 23. 

Rep. Chuck Gray, R-Casper, was among those who urged his colleagues to vote for the special session rules and against adjournment. He called this “a critical moment in the history of our republic,” with the possibility of hundreds or thousands of people in the state losing their jobs as a result of the mandate. 

Others argued for immediate adjournment, including Rep. Mike Yin, D-Jackson. 

He said places like his district, which depend on tourism, would suffer if the state were to tell businesses it could not require COVID-19 vaccinations or other safety measures. 

Because state statute does not overrule federal law, it’s unclear what effect any of the bills passed during the special session would have. 

The Biden administration also has yet to present final details of the mandate, so legislators do not yet have a full understanding of the edict.

House Speaker Eric Barlow, R-Gillette, introduced just six of the 20 bills received in the House of Representatives, after announcing his intent to introduce only bills specific to the mandate. Barlow said he believed the bills cover the key themes legislators want to address.

He assigned House Bill 1002, which attempts to prohibit the enforcement of a federal vaccine mandate and authorizes legal action to fight the mandate, to the Judiciary Committee.

HB 1001 would bar companies in Wyoming from requiring employees to be vaccinated against COVID-19, except under some circumstances. Among other provisions, the bill would also establish medical and religious exemptions, or an exemption based on an antibody test; require an employer to provide reasonable accommodations to an unvaccinated employee, such as frequent testing or reassignment; and provide severance pay for those who leave or are fired for being unvaccinated. 

HB 1005 would also require an employer to allow for medical and religious exemptions, making the employer liable for a minimum of $5,000 in damages if they do not grant an exemption and fire the employee. 

As for HB 1006, it would require health care facilities, governmental entities and essential service providers to make reasonable accommodations to people unable or unwilling to prove their vaccination status. 

It also would create a personal exemption for any vaccine required of a school-aged child and says that requiring a vaccine as a condition of employment is discriminatory or unfair. 

HB 1013 would allow those who voluntarily leave their job because their employer does not comply with the federal vaccine mandate to receive unemployment benefits. 

House Bills 1001, 1002 and 1009 were discussed during Tuesday’s House Appropriations Committee meeting, with all three recommended to pass. 

The Senate diverged from the House in its introductions of bills to the floor, as well as its recommendations for further discussion in committees. 

While 11 bills were received in the Senate for introduction, another five failed and four were recommended to committees.

Senate File 1010, the Grace Smith Medical Freedom Act, was one of the first to be voted down. It would have demanded state and county health officers grant waivers for immunization requirements and mask mandates imposed on K-12 students. 

The bill was dedicated to Grace Smith by Sen. Bo Biteman, R-Ranchester, and Rep. Ocean Andrew, R-Laramie. Smith was recently arrested and removed from school property after refusing to adhere to the mask mandate at Laramie High School. 

Other bills brought forward and not approved by the majority included Senate Files 1007, 1011, 1012 and 1020. Lawmakers who voted no voiced their apprehension about repeating prior passed legislation and possible state overreach.

SF 1012 would have prohibited the Wyoming Board of Medicine from punishing doctors who prescribe medication they reasonably believe is likely to be effective in treating COVID-19. Sen. Anthony Bouchard, R-Cheyenne, who sponsored the bill with Rep. Dan Laursen, R-Powell, said it was to support medical doctors seeking alternative treatments for the disease.

After considerable debate, only four bills were introduced and approved by the body and assigned to Senate committees.

SF 1003 addressed discrimination toward unvaccinated individuals in health care, education and other sectors of public life. It provided criminal penalties and authorized civil remedies regarding these issues. 

Similar discussions were had in reference to SF 1004. The bill would prohibit any employer in the state from requiring the COVID-19 vaccination, and a refusal of employment based on vaccination status would have had legal ramifications. Penalties for any person in violation ranged from a misdemeanor punishable by imprisonment for not more than six months, a fine of $750, or both, to action in court and the recovery of damages not less than $500,000.

“This is potentially an unbelievable lawsuit driver,” said Majority Floor Leader Senator Ogden Driskill, R-Devils Tower. 

SF 1009 shares similar characteristics to both SF 1003 and SF 1004 on vaccination requirements. 

Other bills received for introduction may have an opportunity to move forward.

The only bill not related to topics brought on by the pandemic is SF 1019; it’s aimed at correcting a scrivener’s error in a law regarding the Wyoming Gaming Commission.