Expands existing prohibition of COVID-19 vaccine passports by state government & private business to include EUA vaccines

State: ND
Bill Number: SB 2274
Position: SUPPORT
Action Required: NONE
Status: ENACTED, signed by Governor Doug Burgum on 4/19/2023, Effective date 8/1/2023,

Legislation Details:

UPDATE: 4/19/2023 - SB 2274 was enacted. It was signed by Governor Doug Burgum on 4/19/2023, effective 8/1/2023. View the enrolled version HERE.

UPDATE: 4/13/2023 - SB 2274 was signed by the Speaker of the House, President of the Senate, and sent to Governor Doug Burgum on 4/13/2023.

UPDATE: 4/11/2023 - SB 2274, as re-engrossed with House amendments, was concurred by the Senate and passed by a vote of 29 Yeas, 17 Nays on 4/11/2023. View Re-engrossed text HERE

UPDATE: 4/10/2023 - SB 2274 passed the Second Reading in the House as amended, by a vote of 87 Yes, 3 No. Bill was returned to the Senate. 

UPDATE: 4/7/2023 - SB 2274 passed the House Calendar on 4/7/2023.

UPDATE: 4/6/2023 - SB 2274 passed the Human Services Committee with a technical amendment to delete the sunset clause of 8/1/2023. The vote was 12 Yes, 0 No, 2 Absent.

UPDATE: 3/27/2023 - SB 2274 was discussed in the House Human Services Committee. Continue to contact Committee members until a vote is taken. Sometimes a vote is not taken on the day of the hearing

UPDATE: 3/9/2023 - SB 2274 was scheduled for a hearing in the House Human Services Committee on Wednesday, 3/15/2023 at 2:30 pm in the Pioneer Room. Agenda can be viewed here. To submit testimony, follow the instructions at this link

UPDATE: 2/21/2023 - SB 2274 was referred to the House Human Services Committee on 2/21/2023.

UPDATE: 2/17/2023 - SB 2274 received from Senate.

UPDATE: 2/16/2023 - SB 2274 passed the Second Reading in the Senate as amended on 2/16/2023 by a vote of 24 Yeas, 23 Nays. Watch video HERE | The engrossed version of SB 2274 is substantially different from the introduced version. NVIC has changed the Title of our bill posting from "Prohibits vaccine passports & discrimination based on vaccination status, with exceptions" to "Expands existing prohibition of COVID-19 vaccine passports by state government & private business to include EUA vaccines" to reflect these changes. 

UPDATE: 2/15/2023 - SB 2274 received a DO NOT PASS recommendation in the Senate Human Services Committee by a vote of 4 Yes, 2 No, at timestamp 4:15 video. The annotated video link also explains the steps in amending the bill and subsequent voting (see time stamps at 3:41 & 3:42). 

UPDATE: 2/15/2023 - SB 2274 was amended by the Senate Human Services Committee on 2/15/2023 by a vote of 5 Yeas, 0 Nays. SB 2274 was hog housed. The amendment removed all introduced bill language, and instead amends existing section 23-12-20 of the North Dakota Century Code which prevents state government entities or private businesses from requiring documentation to verify an individual's COVID-19 vaccination status, immunity, or recovery status (effective date August 1st, 2023). With the amendment, SB 2274 expands the existing statute prohibiting the request of COVID-19 vaccination status documentation by government and private businesses to also include any vaccine which has received "emergency use authorization from the federal food and drug administration." 

UPDATE: 2/10/2023 - SB 2274 is scheduled for a hearing in the Senate Human Services Committee on 2/13/2023 at 9:30 AM in the Fort Lincoln Room.  Link to submit testimony before 8:00 AM - https://www.ndlegis.gov/legend/committee/testimony/public-testimony/2430/?hearing=5600 

SB 2274 was introduced on 1/16/2023 and referred to the Senate Human Services Committee on 1/20/2023. This bill is sponsored by Senators Clemens, Beard, Larsen and Magrum, Representative Vetter. 

This bill prohibits:

1. A person to refuse, withhold from, or deny to an individual any local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access, or employment opportunities based on the individual's vaccination status or whether the individual has an immunity passport.

2. An employer to refuse employment to an individual, to bar an individual from employment, or to discriminate against an individual in compensation or in a term, condition, or privilege of employment based on the individual's vaccination status or whether the individual has an immunity passport.

3. A public accommodation to exclude, limit, segregate, refuse to serve, or otherwise discriminate against an individual based on the individual's vaccination status or whether the individual has an immunity passport.

The following exceptions would apply:

a. Person to recommend an employee receive a vaccine.

b. Health care facility to ask an employee to volunteer the employee's vaccination or immunization status if the inquiry is for the purpose of determining whether the health care facility should implement reasonable accommodations to protect the safety and health of employees, patients, visitors, and other individuals from communicable diseases. The health care facility may implement reasonable accommodations for employees, patients, visitors, and other individuals who are not vaccinated or not immune to protect the safety and health of employees, patients, visitors, and other individuals from communicable diseases. The health care facility may consider an employee to be nonvaccinated or nonimmune if the employee declines to provide the employee's vaccination or immunization status to the health care facility for purposes of determining whether reasonable accommodations should be implemented.

3. A licensed nursing home, long-term care facility, basic care facility, or assisted living facility is exempt from compliance with section 14 - 02.7 - 02 during any period of time for which compliance would result in a violation of regulations or guidance issued by the centers for Medicare and Medicaid services or the centers for disease control and prevention.

NVIC supports the prohibitions in this bill, but NVIC does not support the exceptions.  

 https://www.ndlegis.gov/assembly/68-2023/regular/bill-overview/bo2274.html - text, status and history for SB 2274