Prohibits COVID-19 vaccine mandates by businesses or employers, with exceptions and an expiration date

State: ID
Bill Number: SB 1381
Position: WATCH
Action Required: NONE
Status: Died, Vetoed by Governor on 3/28/2022, Override of veto failed on 3/31/2022

Legislation Details:

UPDATE: 3/31/2022 - A vote to override the veto of SB 1381 failed on 3/31/2022 by the following vote:

Senate vote to override veto:

FAILED (less than two-thirds) - 21-14-0
AYES – Agenbroad, Anthon, Bayer, Cook, Crabtree, Den Hartog, Grow, Harris, Lakey, Lee, Lent, Martin, Rice, Ricks, Riggs, Souza, Thayn, VanOrden(Bair), Vick, Winder, Zito
NAYS – Blair(Johnson), Burgoyne, Burtenshaw, Guthrie, Heider, Lodge, Nelson, Nye, Patrick, Semmelroth, Stennett, Ward-Engelking, Wintrow, Woodward
Absent and excused – None
Veto SUSTAINED by Senate

A vote by two-thirds of the present members in each house of the state legislature can override the governor's veto.

UPDATE: 3/28/2022 - Idaho Governor Brad Little vetoed SB 1381 on March 28th. The governor said in his veto statement that he vetoed SB 1381 because it "significantly expands government overreach into the private sector." He stated that, "businesses should be left to make decisions about the management of their operations and employees with limited interference from government," and cited other actions he had taken in response to COVID-19, such as banning (government) vaccine passports and not issuing any state COVID vaccine mandates.

NVIC maintains that the role of a government should not be to protect corporations and businesses at all costs, but to protect the individual rights of its citizens. Both the United States and Idaho constitutions state, "We the People," not "We the Businesses and Employers." Laws are needed to prevent corporations and businesses from trampling on the constitutional rights of employees.

Like other states, Idaho already has anti-discrimination laws, which regulate employers and businesses by prohibiting them from discriminating based on age, sex, religion, etc. SB 1381 would not have implemented heavy-handed regulations that were "bad for business." Rather, it would have ensured that more prospective employees would meet the criteria and fill job vacancies, increasing their employability and potentially stimulating the economy. Likewise, the bill would have temporarily prohibited businesses from discriminating against customers or clients based on their COVID-19 vaccination status, which would have allowed individuals declining COVID vaccine to pay for products and services in Idaho. Expanding a customer base is not a bad thing for business. 

This bill was far from perfect as the exceptions were too broad and the protections would have expired too soon. However, if the bill had been enacted, it would have at least ensured some medical freedom protections for the people of Idaho for a short time until the legislature could come back and more effectively address these issues.

UPDATE: 3/23/2022 - SB 1381 was delivered to the governor on 3/22/2022. 

UPDATE: 3/18/2022 - SB 1381 passed the House in a 45-23-2 vote. The governor of Idaho has 5 days to sign the bill into law, veto it, or passively allow it to become law without signing:

UPDATE: 3/17/2022 - SB 1381 passed the House Business Committee.

UPDATE: 3/16/2022 - SB 1381 is scheduled for a hearing in the House Business Committee on 3/17/2022 at 1:30 or after adjournment in Room EW41.  Agenda -

UPDATE: 3/15/2022 - SB 1381 passed the Senate in a 24-11 vote and is being sent to the House. 

UPDATE: 3/10/2022 - SB 1381 passed the Senate Judiciary and Rules Committee

UPDATE:  3/10/2022 - SB 1381 is scheduled for a hearing in the Senate Judiciary and Rules Committee on Thursday, March 10th, at 9:00 AM in Room WW54. Agenda -

SB 1381 was referred to the Senate Judiciary and Rules Committees on 3/8/2022.  This bill is sponsored by Senators Winder, Lakey and Adams. 

This bill would prohibit businesses from requiring COVID vaccines for entry or services and employers from requiring COVID vaccines unless it is required by federal law or the employee must travel to a foreign jurisdiction where the vaccine is required with no other option. State, county and local governments could not mandate COVID vaccines unless required by federal law. The prohibitions would not apply to contracts in effect prior to the effective date of the bill if passed.  The provisions of the bill would expire one year after all emergency orders are expired or terminated.  Penalty would be a misdemeanor.  See full text as introduced -

NVIC Advocacy cannot support the bill because we do not support vaccine mandates. The exception for existing contracts should be removed, as well as the expiration date for these provisions one year after all emergency orders have been terminated. - text, status and history for SB 1381