Bill Text: IA HF369 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to employer liability for adverse effects resulting from mandated COVID-19 vaccinations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-20 - Introduced, referred to Labor and Workforce. H.J. 372. [HF369 Detail]
Download: Iowa-2023-HF369-Introduced.html
House
File
369
-
Introduced
HOUSE
FILE
369
BY
ANDREWS
A
BILL
FOR
An
Act
relating
to
employer
liability
for
adverse
effects
1
resulting
from
mandated
COVID-19
vaccinations.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2229YH
(2)
90
cm/ns
H.F.
369
Section
1.
Section
686D.2,
Code
2023,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
1A.
“COVID-19
vaccine”
means
a
vaccine
or
3
immunization
approved
by
the
centers
for
disease
control
and
4
prevention
of
the
United
States
department
of
health
and
human
5
services
to
prevent
COVID-19.
6
NEW
SUBSECTION
.
2A.
“Employee”
means
an
individual
who
is
7
employed
in
this
state
for
wages
by
an
employer.
“Employee”
8
includes
an
applicant
for
employment.
9
NEW
SUBSECTION
.
2B.
“Employer”
means
a
person
who
employs
10
an
individual
in
this
state
for
wages.
11
Sec.
2.
Section
686D.8,
subsection
1,
Code
2023,
is
amended
12
to
read
as
follows:
13
1.
Create,
recognize,
or
ratify
a
claim
or
cause
of
action
14
of
any
kind
,
except
for
the
cause
of
action
created
pursuant
15
to
section
686D.9
.
16
Sec.
3.
NEW
SECTION
.
686D.9
Mandated
COVID-19
vaccines
——
17
employer
liability.
18
1.
An
employee
may
bring
a
civil
claim
against
an
employer
19
in
a
court
of
competent
jurisdiction
for
damages
for
injury,
20
illness,
or
adverse
effects
resulting
from
a
COVID-19
vaccine
21
if
the
employer
required
the
employee
to
receive
the
COVID-19
22
vaccine
as
a
condition
of
employment.
23
2.
The
employer
bears
the
burden
to
prove
by
a
preponderance
24
of
the
evidence
that
the
employer
is
not
liable
or
responsible
25
for
any
injuries,
illness,
or
adverse
effects
resulting
from
26
the
employee
receiving
a
COVID-19
vaccine.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
employer
liability
for
an
employer
31
that
implements
an
employee
COVID-19
vaccination
mandate.
The
32
bill
defines
“COVID-19
vaccine”,
“employee”,
and
“employer”.
33
The
bill
provides
that
an
employee
may
bring
a
civil
claim
34
against
an
employer
if
the
employee
was
required
to
receive
35
-1-
LSB
2229YH
(2)
90
cm/ns
1/
2
H.F.
369
a
COVID-19
vaccine
and
suffered
an
injury,
illness,
or
other
1
adverse
effect
from
the
required
vaccine.
The
burden
of
proof
2
rests
on
the
employer
to
show
that
the
employer
is
not
liable
3
or
responsible
for
any
injury
resulting
from
the
employee
4
receiving
a
COVID-19
vaccine.
5
-2-
LSB
2229YH
(2)
90
cm/ns
2/
2