SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 315
As Amended by Senate Committee on Public
Health and Welfare

Brief*
SB 315, as amended, would create an exemption
provision to vaccine requirements for individuals at child care
centers and schools for sincerely held religious beliefs, as
defined by the bill, and no further inquiry of the sincerity of the
belief would be allowed. The bill would also amend certain
definitions in law, repeal a vaccination requirement, and make
technical amendments.
Definitions
The bill would add the following definitions:
● “Employee” would also mean a student attending a
public or nonpublic high school or a postsecondary
educational institution who, as part of coursework,
interacts with patients and delivers care at a health
care facility under the supervision of an individual
licensed to provide patient care; and
● “Vaccine” would mean an immunization,
vaccination, injection, or series thereof that is
administered to stimulate immunity against a
particular disease.


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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Child Care Facilities and Board of Education of a School
District
The bill would require child care facilities and a board of
education of a school district to grant an exemption to vaccine
requirements when requested based on sincerely held
religious beliefs without inquiring into the sincerity of the
request.
The bill would define “religious beliefs” to include, but
not be limited to, theistic and non-theistic moral and ethical
beliefs as to what is right and wrong that are sincerely held
with the strength of traditional religious views.

Repeal of KSA 76-761a
The bill would repeal the provisions of KSA 76-761a,
which requires a meningitis vaccine to live in student housing
on colleges and universities in Kansas.

Background
The bill was introduced by the Senate Committee on
Federal and State Affairs at the request of Senator
Thompson. The bill was referred to the Senate Committee on
Public Health and Welfare on March 16, 2023.

Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 21, 2023,
proponent testimony was provided by an attorney, two
physicians, a precinct committeewoman, and three private
citizens. The proponents generally stated that sincerely held
religious beliefs should be protected, and individuals should
not have to choose between the right to practice their
religious beliefs and their profession.

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 Written-only proponent testimony was provided by two
physicians, a nurse, a pharmacist, 84 private citizens,
representatives of Kansas Health Freedom, a Republican
Precinct Committeeman, a Douglas County Committeeman,
Sedgwick County Precinct Committeewoman and two
precinct committeepersons.
Written-only neutral testimony was provided by a
representative of the Kansas Department of Health and
Environment.
Opponent testimony was provided by representatives of
the American Academy of Pediatrics Kansas Chapter, Kansas
Board of Regents, Kansas Chamber of Commerce, Kansas
Interfaith Action, Kansas School Nurses Organization and
Immunize Kansas Coalition. The opponents provided
testimony that addressed specific concerns to the various
groups referenced in the bill. Representatives of the
workforce stated the current protections for employers are
only related to the COVID-19 vaccine, and an amendment
was requested for liability protections for employers.
Representatives of students raised concerns regarding the
number of vulnerable students who are unable to be
vaccinated or have a series of vaccinations interrupted as
well as concerns regarding how the specific language would
be interpreted for requirements to reside in student housing
on campuses. Representatives of the faith community raised
concerns that members of the multiple religious
denominations have openly stated that there is not a religious
basis for objecting to vaccines.
Written-only opponent testimony was provided by
representatives of the Kansas Academy of Family Physicians,
Kansas Action for Children, Kansas Association of Local
Health Departments, Kansas Chapter of the American
Academy on Pediatrics, Kansas Council of Health System
Pharmacy, Kansas Head Start Association, Kansas Medical
Society, Kansas Public Health Association, Nurture KC,
Sedgwick County Health Department, and Unified
Government Public Health Department of Wyandotte County
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and Kansas City, Kansas, 3 physicians, 1 member of the
clergy, 12 nursing professionals, and 9 private citizens.
The Senate Committee amended the bill to remove the
employer requirements to allow for an exemption for any
vaccine.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Department of Labor
reports that enactment of the bill has the potential to increase
the workload related to legal reviews and investigations for
reported employer violations. There would also be additional
revenue due to fees collected from employers in violation;
however, a fiscal effect is unable to be estimated. The Office
of Judicial Administration reports that enactment of the bill
would have a negligible effect on expenditures and revenues
for the Judicial Branch. The Kansas Department of Health
and Environment states that enactment of the bill would not
have a fiscal effect on agency operations.
According to the Kansas Board of Regents, enactment
of the bill would not have a fiscal effect on public
postsecondary educational institutions, and the State
Department of Education estimates a negligible effect on
agency operations and school districts. Any fiscal effect
associated with the bill is not reflected in The FY 2024
Governor’s Budget Report.
The League of Kansas Municipalities states enactment
of the bill would not have a fiscal effect on cities. The Kansas
Association of Counties states the bill could potentially affect
counties by altering employment processes and impacting
child care facilities within the county. A total fiscal effect could
not be estimated.
Schools; vaccine; students; vaccinations; exemptions; employer; meningitis; child
care facilities

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Statutes affected:
As introduced: 44-663, 76-761a, 65-508, 72-6262, 4344-663
As Amended by Senate Committee: 44-663, 76-761a, 65-508, 72-6262