Amendment H-1433 to HF 889

Filed April 28, 2021 in the House by

What it changes

1. Page 2, after line 1 by inserting: “Sec. ___. NEW SECTION . 94.1 Definitions. As used in this chapter, unless the context otherwise requires:
2. “Applicant” means a natural person who applies to be an employee.
3. “COVID-19” means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom, and conditions associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom.
4. “Employee” means a natural person who is employed in this state for wages by an employer.
5. “Employer” means a person, as defined in chapter 4, who in this state employs for wages, natural persons. Sec. ___. NEW SECTION . 94.2 COVID-19 Vaccination requirements or history —— prohibited acts by employer. An employer shall not fail or refuse to hire, discharge, penalize, or otherwise discriminate against an employee with respect to compensation or the terms, conditions, or privileges of employment based on either of the following:
6. The employee’s COVID-19 vaccination history.
7. The refusal of the employee to receive a COVID-19 vaccine or provide proof of immunity. Sec. ___. NEW SECTION . 94.3 Civil remedies. An employee whose rights are violated under this chapter may bring an action against an employer in the district court in the county where the employer is located for injunctive relief, actual damages, admission or reinstatement of the employee with back pay plus ten percent interest, or any other appropriate relief necessary to ensure compliance with this chapter. Sec. ___. NEW SECTION . 139A.8B Immunization requirements —— exemptions. Notwithstanding any provision of law to the contrary, a person shall not be required to receive an immunization, gene therapy, or other invasive medical procedure if either of the following apply:
8. The person, or if the person is a minor, the person’s parent or legal guardian, submits to the person requiring the immunization, gene therapy, or other invasive medical procedure a statement signed by a physician, advanced registered nurse practitioner, or physician assistant who is licensed by the board of medicine, board of nursing, or board of physician assistants that the immunization, gene therapy, or invasive medical procedure required would be injurious to the health and well-being of the person or any member of the person’s family.
9. The person, or if the person is a minor, the person’s parent or legal guardian, submits an affidavit signed by the person, or if the applicant is a minor, the person’s parent or legal guardian, stating that the immunization, gene therapy, or other invasive medical procedure conflicts with the tenets and practices of a recognized religious denomination of which the person is an adherent or member.”
10. Title page, line 1, after “Act” by inserting “relating to vaccinations, including by prohibiting certain mandatory vaccinations and certain employment practices and”
11. Title page, line 3, after “contracts,” by inserting “creating exemptions to mandatory vaccinations,”
12. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book