Bill Text: IA SF323 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act prohibiting employers from engaging in certain actions relating to infectious diseases and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-22 - Subcommittee recommends passage. []. [SF323 Detail]
Download: Iowa-2023-SF323-Introduced.html
Senate
File
323
-
Introduced
SENATE
FILE
323
BY
GUTH
A
BILL
FOR
An
Act
prohibiting
employers
from
engaging
in
certain
actions
1
relating
to
infectious
diseases
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2187XS
(2)
90
je/rn
S.F.
323
Section
1.
Section
84A.5,
subsection
4,
Code
2023,
is
1
amended
to
read
as
follows:
2
4.
The
division
of
labor
services
is
responsible
for
the
3
administration
of
the
laws
of
this
state
under
chapters
88
,
4
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91
,
91A
,
91C
,
91D
,
91E
,
92
,
and
5
94A
,
and
94B,
and
sections
73A.21
and
85.68
.
The
executive
6
head
of
the
division
is
the
labor
commissioner,
appointed
7
pursuant
to
section
91.2
.
8
Sec.
2.
Section
91.4,
subsection
2,
Code
2023,
is
amended
9
to
read
as
follows:
10
2.
The
director
of
the
department
of
workforce
development,
11
in
consultation
with
the
labor
commissioner,
shall,
at
the
12
time
provided
by
law,
make
an
annual
report
to
the
governor
13
setting
forth
in
appropriate
form
the
business
and
expense
of
14
the
division
of
labor
services
for
the
preceding
year,
the
15
number
of
remedial
actions
taken
under
chapter
89A
,
the
number
16
of
disputes
or
violations
processed
by
the
division
and
the
17
disposition
of
the
disputes
or
violations,
and
other
matters
18
pertaining
to
the
division
which
are
of
public
interest,
19
together
with
recommendations
for
change
or
amendment
of
the
20
laws
in
this
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
21
90A
,
91A
,
91C
,
91D
,
91E
,
92
,
and
94A
,
and
94B,
and
section
22
85.68
,
and
the
recommendations,
if
any,
shall
be
transmitted
23
by
the
governor
to
the
first
general
assembly
in
session
after
24
the
report
is
filed.
25
Sec.
3.
NEW
SECTION
.
94B.1
Definitions.
26
For
purposes
of
this
chapter,
unless
the
context
otherwise
27
requires:
28
1.
“Commissioner”
means
the
labor
commissioner
appointed
29
pursuant
to
section
91.2
or
the
commissioner’s
designee.
30
2.
“COVID-19”
means
the
same
as
defined
in
section
686D.2.
31
3.
“Employee”
means
an
individual
who
is
employed
in
32
this
state
for
wages
by
an
employer.
“Employee”
includes
a
33
prospective
employee.
34
4.
“Employer”
means
the
same
as
defined
in
section
96.1A,
35
-1-
LSB
2187XS
(2)
90
je/rn
1/
6
S.F.
323
but
does
not
include
a
public
employer
as
defined
in
section
1
20.3
or
an
employer
who
receives
reimbursement
through
the
2
federal
Medicare
or
Medicaid
programs.
3
Sec.
4.
NEW
SECTION
.
94B.2
Prohibited
employer
actions
——
4
vaccination
status
and
infectious
disease
testing.
5
An
employer
is
prohibited
from
carrying
out
any
of
the
6
following
actions:
7
1.
Inquiring
about
any
information
regarding
an
employee’s
8
vaccination
status,
including
but
not
limited
to
vaccination
9
against
COVID-19.
This
subsection
does
not
apply
when
the
10
duties
of
the
employee’s
position,
in
accordance
with
federal
11
or
international
law,
require
disclosure
of
such
information.
12
2.
Inquiring
about
the
results
of
a
test
for
an
infectious
13
disease
including
but
not
limited
to
COVID-19
taken
by
an
14
employee.
This
subsection
does
not
apply
when
the
duties
of
15
the
position,
in
accordance
with
federal
or
international
law,
16
require
disclosure
of
such
results.
17
3.
Conducting
a
test
for
an
infectious
disease
including
18
but
not
limited
to
COVID-19
on
an
employee
to
determine
a
past
19
or
current
infection.
This
subsection
does
not
apply
when
20
the
duties
of
the
position,
in
accordance
with
federal
or
21
international
law,
require
that
such
a
test
be
conducted.
22
Sec.
5.
NEW
SECTION
.
94B.3
Complaints
——
commissioner
23
determination.
24
1.
An
employee
may
report
a
violation
of
section
94B.2
to
25
the
commissioner.
The
commissioner
shall
establish
a
form
for
26
such
complaints.
Upon
receipt
of
a
complaint,
the
commissioner
27
shall
notify
the
employer
in
writing
of
the
complaint.
The
28
commissioner
shall
determine
within
thirty
calendar
days
if
the
29
complaint
is
valid
and
shall
notify
the
employer
and
employee
30
in
writing
of
the
commissioner’s
determination.
31
2.
An
employee
or
employer
may
contest
the
commissioner’s
32
determination
pursuant
to
subsection
1
in
writing
within
thirty
33
calendar
days,
or
the
determination
shall
be
final.
Such
a
34
contest
shall
be
treated
as
a
contested
case
under
chapter
17A.
35
-2-
LSB
2187XS
(2)
90
je/rn
2/
6
S.F.
323
Sec.
6.
NEW
SECTION
.
94B.4
Penalties.
1
1.
Upon
a
final
determination
pursuant
to
section
94B.3,
2
subsection
2,
or
after
the
time
for
seeking
judicial
review
in
3
a
contested
case
proceeding
has
expired
or
all
judicial
review
4
has
been
exhausted,
the
commissioner
shall
impose
a
penalty
on
5
an
employer
in
accordance
with
this
section.
6
2.
Upon
a
first
violation,
the
commissioner
shall
provide
7
the
employer
with
a
written
warning.
Upon
a
second
violation,
8
the
commissioner
shall
impose
a
two
hundred
fifty
dollar
9
civil
penalty.
Upon
a
third
or
subsequent
violation,
the
10
commissioner
shall
impose
a
five
hundred
dollar
civil
penalty.
11
The
commissioner
shall
remit
penalties
collected
pursuant
to
12
this
subsection
to
the
treasurer
of
state
for
deposit
in
the
13
general
fund.
14
3.
a.
Upon
a
third
violation,
and
notwithstanding
any
15
provision
of
law
to
the
contrary,
the
employer
shall
be
16
disqualified
from
the
provisions
of
chapters
85,
85A,
85B,
17
86,
and
87.
The
disqualified
employer
shall
be
liable
to
an
18
employee
for
a
personal
injury
in
the
course
of
and
arising
out
19
of
the
employment,
and
the
employee
may
enforce
the
liability
20
by
an
action
at
law
for
damages.
In
such
an
action,
the
21
provisions
of
section
87.21,
subsections
1,
2,
and
3,
shall
22
apply.
23
b.
The
commissioner
shall
establish
a
process
for
an
24
employer
subject
to
disqualification
under
this
subsection
and
25
an
employee
to
pursue
in
good
faith
an
informal
settlement
of
26
the
dispute
and
a
form
for
the
employer
and
employee
to
submit
27
to
the
commissioner
if
an
informal
settlement
is
reached.
The
28
commissioner
shall
attempt
to
facilitate
informal
settlement
29
of
disputes.
The
employer
may
allege
in
writing
to
the
30
commissioner
that
the
employee
is
not
acting
in
good
faith
31
to
resolve
the
dispute.
If
the
commissioner
determines
the
32
employee
is
not
acting
in
good
faith
to
resolve
the
dispute,
33
or
if
an
informal
settlement
is
reached,
the
employer’s
34
disqualification
under
paragraph
“a”
shall
cease.
If
an
35
-3-
LSB
2187XS
(2)
90
je/rn
3/
6
S.F.
323
employee
contests
the
commissioner’s
determination
that
the
1
employee
is
not
acting
in
good
faith
under
this
paragraph,
such
2
a
contest
shall
be
treated
as
a
separate
contested
case
under
3
chapter
17A.
4
4.
Upon
a
fourth
or
subsequent
violation,
and
5
notwithstanding
any
provision
of
law
to
the
contrary,
the
6
employer
shall
be
permanently
disqualified
from
the
provisions
7
of
chapters
85,
85A,
85B,
86,
and
87.
The
employer
shall
be
8
liable
to
an
employee
for
a
personal
injury
in
the
course
of
9
and
arising
out
of
the
employment,
and
the
employee
may
enforce
10
the
liability
by
an
action
at
law
for
damages.
In
such
an
11
action,
the
provisions
of
section
87.21,
subsections
1,
2,
and
12
3,
shall
apply.
13
Sec.
7.
NEW
SECTION
.
94B.5
Procedures
——
enforcement
——
14
rules.
15
1.
The
commissioner
shall
establish
procedures
to
implement
16
and
enforce
this
chapter.
The
commissioner
may
conduct
17
investigations,
hold
hearings,
receive
evidence,
and
take
such
18
other
actions
the
commissioner
deems
necessary
or
appropriate
19
to
implement
and
enforce
this
chapter.
20
2.
The
commissioner
shall
adopt
rules
pursuant
to
chapter
21
17A
to
administer
this
chapter.
22
Sec.
8.
NEW
SECTION
.
96.5B
Refusal
of
COVID-19
vaccination
23
——
no
disqualification.
24
Notwithstanding
any
other
provision
of
this
chapter
to
the
25
contrary,
an
individual
who
is
discharged
from
employment
26
for
refusing
to
comply
with
an
inquiry
or
test
required
27
by
an
employer
in
violation
of
section
94B.2
shall
not
be
28
disqualified
for
benefits
on
account
of
such
discharge
if
the
29
employer
is
subject
to
a
penalty
under
section
94B.4
for
the
30
violation.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
prohibits
an
employer,
as
defined
in
the
bill,
from
35
-4-
LSB
2187XS
(2)
90
je/rn
4/
6
S.F.
323
carrying
out
specified
actions
against
an
employee
relating
to
1
infectious
disease,
including
COVID-19.
The
prohibited
actions
2
are
inquiring
about
any
information
regarding
an
employee’s
3
vaccination
status,
inquiring
about
the
results
of
a
test
for
4
an
infectious
disease
taken
by
an
employee,
and
conducting
a
5
test
for
an
infectious
disease
on
an
employee
to
determine
a
6
past
or
current
infection.
These
actions
are
permitted
when
7
required
for
the
duties
of
an
employee’s
position
in
accordance
8
with
federal
or
international
law.
9
The
bill
establishes
a
process
for
an
employee
to
submit
a
10
complaint
of
a
violation
to
the
labor
commissioner
and
for
the
11
commissioner
to
determine
if
a
complaint
is
valid.
12
The
bill
establishes
penalties
for
an
employer
who
engages
13
in
a
prohibited
action.
The
penalties
include
civil
monetary
14
penalties
that
increase
as
an
employer
engages
in
subsequent
15
violations.
On
a
third
or
subsequent
violation,
an
employer
is
16
also
subject
to
disqualification
from
provisions
of
the
Code
17
pertaining
to
worker’s
compensation.
A
disqualified
employer
18
shall
be
liable
to
an
employee
for
a
personal
injury
in
the
19
course
of
and
arising
out
of
the
employment,
and
the
employee
20
may
enforce
the
liability
by
an
action
at
law
for
damages.
21
Procedures
applicable
to
employers
who
fail
to
obtain
worker’s
22
compensation
insurance,
which
relate
to
legal
presumptions,
the
23
burden
of
proof,
pleadings
and
defenses,
and
trial
by
jury,
are
24
applicable
to
such
an
action.
The
bill
provides
a
process
for
25
informal
resolution
of
disputes
relating
to
a
third
violation.
26
The
bill
requires
the
labor
commissioner
to
establish
27
procedures
to
implement
and
enforce
the
bill
and
authorizes
the
28
commissioner
to
conduct
investigations,
hold
hearings,
receive
29
evidence,
and
take
such
other
actions
the
commissioner
deems
30
necessary
or
appropriate
to
implement
and
enforce
the
bill.
31
The
bill
provides
that
an
employee
who
is
discharged
from
32
employment
for
refusing
to
comply
with
an
inquiry
or
test
33
required
by
an
employer
in
violation
of
the
bill
shall
not
34
be
disqualified
for
unemployment
benefits
on
account
of
such
35
-5-
LSB
2187XS
(2)
90
je/rn
5/
6
