SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 212
As Amended by Senate Committee on Public
Health and Welfare

Brief*
SB 212, as amended, would create new law regarding
unlawful employment practices, making it an unlawful
employment practice to engage in any adverse action against
a person because of such person’s decision to either receive
or not receive a particular immunization and would establish
related immunity provisions. The bill would remove authority
of the Secretary of Health and Environment (Secretary) to
add new immunizations to the schedule required for children
in a child care facility and for school attendance. The bill
would allow the Secretary to remove immunizations from the
schedule should the Secretary determine an immunization to
be unnecessary or unsafe. The bill would insert the list of
required immunizations in statute. The bill would also make
technical changes.
The bill would be in effect upon publication in the
Kansas Register.

Employment Practices Regarding Immunizations
Immunity Provisions (New Section 1)
The bill would state a person shall be immune from civil
liability for damages, administrative fines or penalties for
exposing, potentially exposing, or causing another to be
exposed to infectious or contagious disease arising from such
person’s:
____________________
*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
 ● Lack of immunization against such infectious or
contagious disease;
● Decision not to require employees to be immunized
against such infectious disease; or
● Decision to permit another who lacks immunization
against such disease to enter any premises under
the control of such person that is operated for any
religious, civic, governmental, business or
commercial purposes, whether for-profit or not-for-
profit.
The immunity would not apply to:
● Immunizations required by federal law or regulation
or immunizations related to military service as
defined in statute; or
● Civil liability when it is established the act,
omission, or decision constituted gross negligence
or willful, wanton, or reckless conduct.
Unlawful Employment Practice (New Section 2)
The bill would state it is an unlawful employment
practice to engage in any adverse employment action against
a person because of such person’s decision to either receive
or not receive a particular immunization.
The bill would define the following terms:
● “Adverse employment action” would mean an
ultimate employment decision involving hiring,
firing, compensation, benefits, or the failure to
promote or grant leave;
● “Employer” would mean the same as defined in the
Kansas Age Discrimination in Employment Act
(defined as any person in this state who employs
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 four or more persons and any person acting
directly or indirectly for such person, and includes
the State and all political subdivisions of the State);
and
“Person” would mean [an] individual, partnership,
association, organization, corporation, legal
representative, trustee, trustee in bankruptcy, or
receiver.
Immunization Schedule (Section 3 and Section 4)
The bill would add in statute the following list of required
immunizations for each child in a child care facility and for
school attendance:
● Diphtheria;
● Hepatitis A;
● Hepatitis B;
● Measles (rubeola);
● Meningitis;
● Mumps;
● Pertussis (whooping cough);
● Poliomyelitis;
● Rubella (German measles);
● Tetanus; and
● Varicella (chicken pox).
[Note: This list of required immunizations is the same as
the list currently required in KAR 28-1-20 for a “susceptible
child,” defined as any individual who attends school, as
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defined in statute, or any individual who is enrolled, is placed,
or resides in a child care facility, as defined in statute, or a
preschool or child care program operated by a school.]

Background
SB 212 was introduced by Senator Steffen.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 22, 2021,
Senator Steffen, representatives of Kansans for Health
Freedom, and two private citizens provided proponent
testimony. Proponents stated the bill would give the power to
assess the need for new immunizations to the Legislature
instead of the Secretary and parents should have the ultimate
decision on if their child should receive a vaccine.
Written-only proponent testimony was provided by 84
private citizens.
Representative Eplee, the Secretary, and
representatives of KFMC Health Improvement Partners, the
Kansas School Nurses Organization, and Mid America
Immunization Coalition provided opponent testimony.
Opponents indicated there is no need to change the current
process in which the Secretary is advised by the Kansas
Immunization Program and the federal Advisory Committee
on Immunization Practices (ACIP) on the immunization
schedule.
Written-only opponent testimony was provided by
representatives of the Barber County Health Department,
Biotechnology Innovation Organization, Geary County Health
Department, Immunize Kansas Coalition, Kansas Academy of
Family Physicians, Kansas Action for Children, Kansas
Association of Local Health Departments, Kansas Chapter of
American Academy of Pediatrics, Kansas Medical Society,
Kansas Public Health Association, Kansas School Nurses
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Organization, Kansas State Nurses Association, Linn County
Health Department, Morton County Health Department,
National Association of School Nurses, and SEK Multi-County
Health Department and by eight private citizens.
Neutral testimony was provided by a professor of the
University of Kansas Cancer Center. The professor explained
the membership of ACIP and the process for developing
recommendations for vaccine use in the United States.
The Senate Committee amended the bill to add the
contents of SB 213 (adverse employment actions), as
amended by the Committee to include provision for immunity
for civil liability and remove language regarding plaintiff
damages related to unlawful employment practice violations.

SB 213 (Employment Practices Regarding
Immunizations)
SB 213 was introduced by Senator Steffen.
Senate Committee on Commerce
In the Senate Committee hearing on February 25, 2021,
Senator Steffen, representatives of Kansans for Health
Freedom, and two private citizens provided proponent
testimony. Proponents indicated the bill would protect the
freedom of employees, prevent employers from mandating
vaccines, and limit future liability and litigation on this issue.
Written-only proponent testimony was provided by the
National Vaccine Information Center and 99 private citizens.
Representative Eplee, a representative of the Kansas
Chamber, and three private citizens provided opponent
testimony. Opponents indicated employers should have the
right to determine their own policies for their employees and
these types of policies are best left to the employer to decide.

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 Written-only opponent testimony was provided by
representatives of Immunize Kansas Coalition, Kansas
Academy of Family Physicians, Kansas Action for Children,
Kansas Association of Local Health Departments, Kansas
Association of School Boards, Kansas Chapter American
Academy of Pediatrics, the Kansas Department for Health
and Environment (KDHE), KFMC Health Improvement
Partners, Kansas Public Heath Association, Kansas School
Nurses Organization, LeadingAge Kansas, Mid America
Immunization Coalition, and Overland Park Chamber of
Commerce and by two private citizens.
No neutral testimony was provided.

Fiscal Information

SB 212 (Immunization Schedule)
According to the fiscal note prepared by the Division of
the Budget on SB 212, as introduced, KDHE states
enactment of the bill would have no fiscal effect on the
agency.

SB 213 (Employment Practices Regarding Vaccines)
According to the fiscal note prepared by the Division of
the Budget on SB 213, as introduced, the Department of
Administration indicates, regarding the COVID-19 vaccine,
statewide guidance has been issued clarifying state agencies
cannot mandate employees to be vaccinated. There may be
other vaccines required by certain state agencies based on
the work performed by their employees. However, the fiscal
effect is unknown.
The Office of Judicial Administration (OJA) indicates
enactment of the bill could increase the number of cases filed
in courts, which would increase the amount of time spent by
judicial personnel hearing and processing the cases. The
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additional cases would also increase the amount of revenue
received from docket fees and fines. However, OJA is unable
to estimate the fiscal effect because the number of cases that
would be filed is unknown.
The Department of Labor indicates there would be no
fiscal effect on the agency.
Any fiscal effect associated with the bill is not reflected
in The FY 2022 Governor’s Budget Report.

SB 212 (Immunization Schedule)
According to the fiscal note prepared by the Division of
the Budget on SB 212, as introduced, KDHE states
enactment of the bill would have no fiscal effect on the
agency.


Vaccines; COVID-19; Kansas Department of Health and Environment; employer;
employees; employment law; immunity; civil liability


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Statutes affected:
As introduced: 65-508, 72-6262
As Amended by Senate Committee: 65-508, 72-6262