Prohibits business from denying access or services based on COVID vaccination status, prohibits employee mandates unless required by federal law

State: ID
Bill Number: SB 1130
Position: SUPPORT
Action Required: NONE
Status: ENACTED, signed by Governor Brad Little on 4/6/2023, Effective date 4/6/2023, Chapter 313

Legislation Details:

UPDATE: 4/6/2023 -  SB 1130 was enacted. It was signed by Governor Brad Little on 4/6/2023, and became effective immediately. Chapter 313. The Legislature acknowledges that the provisions of this act do not apply to contracts existing prior to the effective date of this act. 

UPDATE: 3/31/2023 -  SB 1130 passed the Third Reading in the full House by a vote of 43 Yeas, 27 Nays, 0 Absent on 3/30/2023 and was sent to the governor on 3/31/2023. 

UPDATE: 3/29/2023 -  SB 1130 received unanimous Consent to hold place on third reading calendar one legislative day on 3/22/2023, 3/23/2023, 3/28/2023, and 3/29/2023

UPDATE: 3/21/2023 - SB 1130 read second time and was filed for the Third Reading in the full House on 3/21/2023. 

UPDATE: 3/20/2023 - SB 1130 passed the House Judiciary, Rules, & Administration Committee on 3/20/2023.

UPDATE: 3/17/2023 - SB 1130 is scheduled for a hearing in the House Judiciary, Rules, & Administration Committee on Friday, 3/17/2023 at 1:30 pm in Room EW42. Agenda can be viewed here. For members of the public to observe the meeting, please click on the following link:
https://www.idahoptv.org/shows/idahoinsession/ew42/

UPDATE: 3/14/2023 - SB 1130 passed the Third Reading in the full Senate by a vote of 28 Yeas, 7 Nays, on 3/14/2023. It was then received in the House and referred to the House Judiciary, Rules & Administration Committee on 3/14/2023. 

UPDATE: 3/9/2023 - SB 1130 was read for a second time and filed for the Third Reading on 3/9/2023.  

UPDATE: 3/8/2023 - SB 1130 passed the Senate Judiciary and Rules Committee on 3/8/2023. No vote information available.

UPDATE: 3/8/2023 - SB 1130 is scheduled for a hearing in the Senate Judiciary and Rules Committee on Wednesday, 3/8/2023 at 1:00 PM in Room WW54.  See Agenda here. The public can observe the meeting by clicking on the link

UPDATE: 3/6/2023 - SB 1130 is scheduled for a hearing in the Senate Judiciary and Rules Committee on 3/6/2023 at 1:30 PM in Room WW54.  See agenda here.  The contact Senators for this bill on the statement of purpose are Senators Adams, Chuck Winder, Todd M. Lakey and Brent Crane.  

This bill enacts a new section of law under Idaho Title 73, the CORONAVIRUS STOP ACT.  

This bill prohibits a business entity from refusing to provide any service, product admission to a venue, or transportation to a person because that person has or has not received a coronavirus vaccination. NVIC supports this section.  Even though it only applies to COVID vaccination, it will provide some protections.

In addition, a business entity doing business in the State of Idaho shall not require coronavirus vaccination as a term of employment unless required by federal law or in such cases where terms of employment include travel to a foreign jurisdiction requiring coronavirus vaccination. 

The bill has additional prohibitions for ticket issuers and local governments, however they are subject to “unless required by federal law”.

The bill also states - (7) The ability to require coronavirus vaccination under this chapter is subject to other statutory or constitutional provisions requiring requests for coronavirus vaccination exemptions and requirements to provide reasonable accommodations.  The problem with exemptions and reasonable accommodations as required by federal law is, many requests for exemptions and reasonable accommodations were simply just denied and they had no recourse. 

The provisions of this chapter may be enforced, and injunctive relief may be pursued by either the attorney general or a prosecuting county attorney.  So, while they may enforce this new law, they are not required to.

While this bill provides protections for people in Idaho being required to get COVID vaccines, a better approach would be to simply prohibit mandates and discrimination based on vaccination status.  

You can also read the Idaho Freedom Foundation's analysis of HB 1130 here - https://idahofreedom.org/senate-bill-1130-coronavirus-stop-act/ 

https://legislature.idaho.gov/sessioninfo/2023/legislation/S1130/ - text, status and history for SB 1130