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Ex. DUT-WY-009 Standing duty Primary source read

Senate Enrolled Act No. 57 (Original Senate File No. SF0019), 2021 Wyo. Sess. Laws ch. 118

AN ACT relating to public health and safety; specifying the assumption of risk for exposure to or contracting COVID-19; defining terms related to the assumption of risk for COVID-19; amending provisions related to immunity from civil liability for actions and omissions during the public health emergency declared for COVID-19; amending time period for which the worker's compensation program covers COVID-19 infections; specifying applicability; and providing for an effective date.

Wyoming Legislature (Sixty-sixth Legislature, 2021 General Session); signed by Governor Gordon April 6, 2021 · Wyoming (State)

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The COVID Project

The record

Jurisdiction
Wyoming
Level
State
Authority
Wyo. Const. art. 4, § 8 (effective immediately upon completion of all acts necessary for a bill to become law)
Issued
2021-04-06 Apr. 6, 2021
Effective
2021-04-06 (Section 4: 'effective immediately upon completion of all acts necessary for a bill to become law') (read as 2021-04-06)
End
standing (W.S. 1-1-141; 35-4-114(d)-(e)); the worker's compensation COVID-19 presumption in 27-14-102(a)(xi)(A) extended to March 31, 2022 (read as 2022-03-31)
In force
Standing since Apr. 6, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2021 Q22021 Q3
Limitation types
Standing dutyOperating condition
Addressees
  • health care providers; persons generally; business entities; employers under the Wyoming Worker's Compensation Act
Character
liability shield condition
Collection
Standing duties: Wyoming DUT-WY

Operative words

Any health care provider, person or entity shall be immune from liability for damages in an action involving a COVID-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.

Penalty

None (a shield and a presumption)

What it required

Created W.S. 1-1-141 (assumption of the risk on entering premises); amended 35-4-114(a) to add 'and subject to subsection (d) of this section' and created 35-4-114(d) (immunity in every COVID-19 liability claim absent gross negligence or willful or wanton misconduct) and (e) (particularity; clear and convincing evidence); extended the worker's compensation presumption that a COVID-19 infection arose from employment from December 30, 2020 to March 31, 2022; Section 3: applies 'to all actions and omissions that cause injury occurring on and after the effective date of this act'.

Retrieval note

LSO bill record (https://lsoservice.wyoleg.gov/api/BillInformation/2021/SF0019): enrolledNumber SEA0057, chapter CH0118, signedDate 4/6/2021, effectiveDate 4/6/2021. Section 2 reprints 35-4-114(a) with the pre-existing business-entity and good-faith-response language. The worker's compensation amendment (27-14-102(a)(xi)(A)) presumes, for infections through March 31, 2022, 'that the risk of contracting the illness or disease was increased by the nature of the employment', a legislative finding that the workplace was a place of COVID-19 exposure.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.