House
File
889
H-1433
Amend
House
File
889
as
follows:
1
1.
Page
2,
after
line
1
by
inserting:
2
<
Sec.
___.
NEW
SECTION
.
94.1
Definitions.
3
As
used
in
this
chapter,
unless
the
context
otherwise
4
requires:
5
1.
“Applicant”
means
a
natural
person
who
applies
to
be
an
6
employee.
7
2.
“COVID-19”
means
the
novel
coronavirus
identified
8
as
SARS-CoV-2,
the
disease
caused
by
the
novel
coronavirus
9
SARS-CoV-2
or
a
virus
mutating
therefrom,
and
conditions
10
associated
with
the
disease
caused
by
the
novel
coronavirus
11
SARS-CoV-2
or
a
virus
mutating
therefrom.
12
3.
“Employee”
means
a
natural
person
who
is
employed
in
this
13
state
for
wages
by
an
employer.
14
4.
“Employer”
means
a
person,
as
defined
in
chapter
4,
who
15
in
this
state
employs
for
wages,
natural
persons.
16
Sec.
___.
NEW
SECTION
.
94.2
COVID-19
Vaccination
17
requirements
or
history
——
prohibited
acts
by
employer.
18
An
employer
shall
not
fail
or
refuse
to
hire,
discharge,
19
penalize,
or
otherwise
discriminate
against
an
employee
with
20
respect
to
compensation
or
the
terms,
conditions,
or
privileges
21
of
employment
based
on
either
of
the
following:
22
1.
The
employee’s
COVID-19
vaccination
history.
23
2.
The
refusal
of
the
employee
to
receive
a
COVID-19
vaccine
24
or
provide
proof
of
immunity.
25
Sec.
___.
NEW
SECTION
.
94.3
Civil
remedies.
26
An
employee
whose
rights
are
violated
under
this
chapter
may
27
bring
an
action
against
an
employer
in
the
district
court
in
28
the
county
where
the
employer
is
located
for
injunctive
relief,
29
actual
damages,
admission
or
reinstatement
of
the
employee
with
30
back
pay
plus
ten
percent
interest,
or
any
other
appropriate
31
relief
necessary
to
ensure
compliance
with
this
chapter.
32
Sec.
___.
NEW
SECTION
.
139A.8B
Immunization
requirements
33
——
exemptions.
34
Notwithstanding
any
provision
of
law
to
the
contrary,
a
35
-1-
HF
889.2291
(1)
89
ss/rn
1/
2
#1.
person
shall
not
be
required
to
receive
an
immunization,
gene
1
therapy,
or
other
invasive
medical
procedure
if
either
of
the
2
following
apply:
3
1.
The
person,
or
if
the
person
is
a
minor,
the
person’s
4
parent
or
legal
guardian,
submits
to
the
person
requiring
the
5
immunization,
gene
therapy,
or
other
invasive
medical
procedure
6
a
statement
signed
by
a
physician,
advanced
registered
nurse
7
practitioner,
or
physician
assistant
who
is
licensed
by
the
8
board
of
medicine,
board
of
nursing,
or
board
of
physician
9
assistants
that
the
immunization,
gene
therapy,
or
invasive
10
medical
procedure
required
would
be
injurious
to
the
health
and
11
well-being
of
the
person
or
any
member
of
the
person’s
family.
12
2.
The
person,
or
if
the
person
is
a
minor,
the
person’s
13
parent
or
legal
guardian,
submits
an
affidavit
signed
by
the
14
person,
or
if
the
applicant
is
a
minor,
the
person’s
parent
or
15
legal
guardian,
stating
that
the
immunization,
gene
therapy,
or
16
other
invasive
medical
procedure
conflicts
with
the
tenets
and
17
practices
of
a
recognized
religious
denomination
of
which
the
18
person
is
an
adherent
or
member.
>
19
2.
Title
page,
line
1,
after
<
Act
>
by
inserting
<
relating
20
to
vaccinations,
including
by
prohibiting
certain
mandatory
21
vaccinations
and
certain
employment
practices
and
>
22
3.
Title
page,
line
3,
after
<
contracts,
>
by
inserting
23
<
creating
exemptions
to
mandatory
vaccinations,
>
24
4.
By
renumbering
as
necessary.
25
______________________________
SHIPLEY
of
Van
Buren
-2-
HF
889.2291
(1)
89
ss/rn
2/
2
#2.
#3.
#4.