Prohibits government entities/public educational institutions from requiring COVID-19 vaccination for admission, prohibits employee discrimination

State: LA
Bill Number: HB 54
Position: SUPPORT
Action Required: Contact your legislators and ask them to override governor's veto
Status: Vetoed by the Governor on 6/18/2022

Legislation Details:

UPDATE: 6/18/2022 - HB 54  successfully passed the legislature but was vetoed by Governor John Bel Edwards on 6/18/2022. The Governor stated in his veto message, "The bill is unnecessary and perpetuates the false narrative that the residents of Louisiana face vaccine mandates to access government services or attend schools. This is not the case. The bill also seeks to undermine public confidence in vaccines, which are safe, effective, and essential to public health. For these reasons, I have vetoed the bill."

There was concern about the contradictory content of his statement explaining the reasons for his veto because the Louisiana Department of Health had published a Notice of Intent on September 20, 2021, to add the COVID-19 vaccine to the list of required vaccines for school and daycare. The Louisiana Department of Health ultimately rescinded this mandate after pressure from Attorney General Jeff Landry in October 2022. 

 

Some may argue that allowance of vaccine exemptions, in effect, negates the threat of vaccine mandates. However, there are state legislatures like  CaliforniaMaineConnecticut and New York, which have removed religious and conscientious belief vaccine exemptions and restricted medical exemptions in vaccine mandates for children to attend daycare and school. 

 

In addition, while the Governor states that COVID-19 vaccines are safe and effective, there is accumulating evidence they do not reliably stop transmission of infection, and are also associated with many vaccine injuries and deaths.

 

As COVID-19 vaccine mandates are being proposed and there is has been an increase in intolerance of those who publicly advocate for informed consent to vaccination, Louisiana residents deserved the legal protections contained in HB 54. Hopefully, the legislature can again pass similar protections that will become law in the future.

 

The Louisiana Constitution allows the legislature to override a veto by the Governor, if a veto session is held and the bill can gain a two-thirds vote of the members in both the State House of Representatives and Senate. In order for the legislature to override the Governor's veto of HB 54, the bill needs 70 votes in the House and 26 votes in the Senate.

HB 54 essentially served as a COVID-19 vaccine passport ban on governmental entities and public education institutions. This bill would have stopped them from requiring proof of COVID-19 vaccination as a condition for access. This provision would have protected the vaccine informed consent rights of both individuals and families living in Louisiana.  

UPDATE: 6/7/2022 - HB 54 sent to the Governor.

UPDATE: 6/6/2022 - The conference committee report for HB 54 was adopted by both the House and the Senate, enrolled and signed by the Speaker of the House on 6/6/2022. The bill will go to the governor.  Contact Governor Edwards and ask him to sign HB 54 - https://gov.louisiana.gov/page/contact   

The final enrolled version enacts the following new law: 

§2800.25.1. Discrimination based on vaccination status

A. Notwithstanding any provision of law to the contrary, no governmental entity or public educational institution shall mandate proof of COVID vaccination for anyone seeking admission on the premises of the entity or institution.

B. No employer of a governmental entity or public educational institution shall discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because of his refusal to adhere to a COVID vaccine requirement.

C. Any governmental entity or public educational institution that is found to have violated Subsection A or B of this Section shall be liable to an individual for damages resulting from the violation, including reasonable court costs and attorney fees.

D. The provisions of this Section shall not apply to a healthcare provider enrolled in Medicare or Medicaid who is subject to fines or penalties for noncompliance with federal rules and regulations, but only to the extent that such provider is subject to a valid and enforceable Medicare or Medicaid condition of participation that imposes a requirement contrary to this Section.

The conference committee report adopted Senate Committee Amendments by the Senate Committee on Judiciary C (#4127), rejected Senate Floor Amendments by Senator Peacock (#4486) and amended Section D of the bill to only apply to COVID-19 vaccine requirements. Report - https://gov.louisiana.gov/page/contact

UPDATE: 6/3/2022 - HB 54 passed the full Senate on 6/3/2022 by a vote of 24 yes, 9 no and 5 absent with an amendment. The bill is scheduled for concurrence in the House for 6/5/2022.

The Senate floor amendment changes the last section D. to only apply to COVID-19 vaccines.

D. No employer of a governmental entity or educational institution shall discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because of his refusal to adhere to a COVID-19 vaccine requirement.

UPDATE: 5/31/2022 - HB 54 is pending Senate final passage after passing the Senate Judiciary C Committee with amendments. These amendments do the following:

(1)Exclude private educational institutions;

(2) Change discrimination based on vaccination status by government or educational institutions from a criminal offense to a civil action, making these entities liable for damages, including court costs and attorney fees; and

(3) Make technical changes.

Because of these changes, NVIC Advocacy is changing the title of this bill from "Prohibits government entities & educational institutions from mandating proof of COVID-19, prohibits discrimination, establishes fine" to "Prohibits government entities & public educational institutions from requiring COVID-19 vaccination, creates civil cause of action."

UPDATE:  5/27/2022 - HB 54 is scheduled for another hearing in the Senate Judiciary C Committee on Tuesday, May 31st at 9:00 AM in Room F. Agenda https://legis.la.gov/archive/2022/senjudc0531.pdf

UPDATE:  5/20/2022 - HB 54 is scheduled for a hearing in the Senate Judiciary C Committee on Tuesday, May 24th at 10:00 AM in Room F. Agenda - https://legis.la.gov/archive/2022/senjudc0524.pdf

UPDATE: 4/21/2022 - HB 54 referred to Senate Judiciary C Committee.

UPDATE: 4/19/2022 - HB 54 passed the House in a 57-27 vote. The bill has been ordered to the Senate. 

UPDATE: 4/12/2022 - HB 54 was amended in the House, returned to the calendar and scheduled for another floor debate on 4/19/2022.  The amendment adds the following new section: 

D. No employer of a governmental entity or educational institution shall discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because of his refusal to adhere to a vaccine requirement."

UPDATE: 4/8/2022 - HB 54 was amended and passed the House Administration of Criminal Justice Committee on 4/6/2022.  The bill is scheduled for a floor debate on 4/12/2022.  The amended and engrossed version would enact the following: 

§101.3. Discrimination based on vaccination status

A.(1) Notwithstanding any provision of law to the contrary, no governmental entity or educational institution shall mandate proof of COVID-19 vaccination for anyone seeking admission on the premises of the entity or institution.

   (2) The provisions of Paragraph (1) of this Subsection shall not apply to a healthcare provider enrolled in Medicare or Medicaid who is subject to fines or penalties for noncompliance with federal rules and regulations , but only to the extent that such provider is subject to a valid and enforceable Medicare or Medicaid condition of participation that imposes a requirement contrary to this Section.

B. Whoever violates the provisions of this Section shall be fined not more than one thousand dollars.

C. The provisions of this Section shall be enforced by summons in lieu of arrest in accordance with Code of Criminal Procedure Article 212.

UPDATE:  3/29/2022 - HB 54 is scheduled for another hearing in the House Administration of Criminal Justice Committee on Wednesday, April 6th at 9:30 AM in Committee Room 6. Agenda: https://house.louisiana.gov/Agendas_2022/Apr_2022/0406_22_CJ.pdf

HB 54 had a hearing in the House Administration of Criminal Justice Committee on 3/24/2022.  This bill is sponsored by Representatives Bagley and Frieman. 

An amendment has been drafted that would remove the criminal penalty and prison sentence, leaving the 1,000.00 fine. http://www.legis.la.gov/legis/ViewDocument.aspx?d=1261881 

See news stories - https://www.brproud.com/news/local-news/bill-to-make-asking-about-vaccination-status-a-crime-stalls-in-committee/

https://www.wbrz.com/news/bill-that-would-make-asking-vaccine-status-a-crime-being-retooled-after-objections-raised-at-hearing

This bill as introduced would enact the following:

§101.3. Discrimination based on vaccination status 

A. Notwithstanding any provision of law to the contrary, no employee, officer, agent, or other representative of a public, nonprofit, or private entity shall inquire about the COVID-19 vaccination status of anyone seeking admission on the entity's premises.

B. Whoever violates the provisions of this Section shall be fined not more than one thousand dollars, imprisoned for not more than six months, or both.

http://www.legis.la.gov/legis/BillInfo.aspx?i=241562 - text, status and history for HB 54