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UPDATE: 4/15/2022 - AB 316 vetoed by the Governor. If enacted, this bill would have prohibited the state and any other governmental entity from discriminating against individuals based on whether or not they have proof of receiving a COVID-19 vaccine. Essentially, this bill would have served as a government COVID-19 passport ban.
Governor Tony Evers stated in his veto message that the bill does not define discrimination, and again cited his objection to the Legislature's "efforts to inject partisan politics and rhetoric into public health practices" regarding stopping public entities from "working to prevent and suppress the spread of COVID-19." He also stated that government pandemic response should follow the science and advice of public health experts.
There was nothing in this bill which stopped public entities from trying to suppress the spread of COVID-19. It only prohibited them from making individuals show that they had received COVID vaccine.
While the governor stated in his veto message that the word "discrimination" is not defined by the bill, the bill states: "neither the state nor any governmental entity may discriminate against any person based on whether the person has received a vaccine against the SARS-COV-2 coronavirus, which causes COVID-19, or is able to show proof of having received such a vaccine."
The meaning of discrimination is clear. Public entities would not have been allowed to alter their treatment of individuals based on their COVID-19 vaccination status.
UPDATE: 4/14/2022 - AB 316 passed the Senate on 3/8/2022 and was delivered to the governor on 4/13/2022. The final enrolled version would enact the following:
252.045 Required proof of vaccination prohibited.
Except as provided in s. 252.04, neither the state nor any governmental entity may discriminate against any person based on whether the person has received a vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19, or is able to show proof of having received such a vaccine.
UPDATE: 3/5/2022 - AB 316 on Senate Calendar for 3/8/2022.
UPDATE: 2/16/2022 - SB 342 Report passage without recommendation, pursuant to Senate Rule 27 (4)(a), by Committee on Health, Ayes 2, Noes 2
UPDATE: 2/11/2022 - AB 316 passed the Senate Committee on Health.
UPDATE: 2/9/2022 - Both AB 316 and SB 342 are scheduled for executive session in the Senate Committee on Health on Thursday, Feb. 10th, at 12:00 PM at 8 South. Agenda - https://docs.legis.wisconsin.gov/raw/cid/1660302
The committee members have until 10:00 AM on 2/11/2022 to submit their votes.
UPDATE: 1/29/2022 - AB 316 crossed over and has been referred to committee on Senate Health on 1/26/2022
UPDATE: 1/26/2022 - AB 316 passed by the Assembly on 1/25/2022
UPDATE: 1/21/2022 - AB 316 is scheduled for a floor vote in the Assembly on 1/25/2022.
UPDATE: 1/12/2022 - SB 342 was heard in a hearing in the Senate Committee on Health.
UPDATE: 1/11/2022 - SB 342 is scheduled for a hearing in the Senate Committee on Health on Wednesday, January 12, 2022 at 9:30 AM at 201 South East. Agenda - https://docs.legis.wisconsin.gov/raw/cid/1652840
UPDATE: 11/17/2021 - AB 316 Referred to committee on Rules and report passage recommended by Committee on Constitution and Ethics, Ayes 6, Noes 3. Bills can carry over from odd to even years in WI.
UPDATE: 6/10/2021 - AB 316 was approved by the Assembly Committee on Constitution and Ethics on 6/9/2021.
UPDATE: 6/8/2021 - AB 316 is scheduled for an executive session on Wednesday, June 9, 2021 at 9:00 AM in the North Hearing Room (2nd Floor North) - agenda - https://docs.legis.wisconsin.gov/raw/cid/1621219
AB 316 is scheduled is scheduled for a hearing in the Assembly Committee on Constitution and Ethics on Wednesday, June 2, 2021 at 10:00 AM in Room 417 North (GAR Hall). https://docs.legis.wisconsin.gov/raw/cid/1619090 - agenda
SB 342 was introduced and referred to the Senate Committee on Health on 5/14/2021.
These bills would enact the following new law:
SECTION 1. 252.045 of the statutes is created to read:
252.045 Required proof of vaccination prohibited. Except as provided in s. 252.04, neither the state nor any governmental entity may discriminate against any person based on whether the person has received a vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19, or is able to show proof of having received such a vaccine.
NVIC Advocacy suggests the following amendment so that school children are not excluded from this protection offered in this bill:
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 252.045 of the statutes is created to read:
4252.045 Required proof of vaccination prohibited. Except as provided in 5s. 252.04, nNeither the state nor any governmental entity may discriminate against any person based on whether the person has received a vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19, or is able to show proof of having received such a vaccine.
Because the bill states, except as provided in s. 252.04, which is the state school law which allows new mandates to be added by the department by rule, the bill excludes school children from protection from discrimination over COVID-19 vaccines should the department decide to add COVID-19 vaccines to the schedule of required vaccines through the rule process. The exclusion should be removed so that school children will not be subjected to future COVID-19 vaccine mandates by mandates by unelected health department officials and punished for not getting the vaccine. The protection offered by this bill would not apply to vaccines currently required for school, and if the department adds the COVID-19 vaccine to the school vaccine schedule, school children could be discriminated against for not taking the COVID-19 vaccine unless this change is made. For clarification. see 252.04 - https://docs.legis.wisconsin.gov/statutes/statutes/252/04/1
https://docs.legis.wisconsin.gov/2021/proposals/reg/asm/bill/ab316 - text, status and history for AB 316
https://docs.legis.wisconsin.gov/2021/proposals/sb342 - text, status and history for SB 342
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