Bill Summary – FastDemocracy

67th Legislature                                                                                                   HB 702.1
                                                    HOUSE BILL NO. 702
      INTRODUCED BY J. CARLSON, D. SKEES, J. READ, D. LENZ, W. GALT, S. BERGLEE, J. HINKLE, M.
    NOLAND, V. RICCI, B. TSCHIDA, S. GUNDERSON, M. REGIER, L. SHELDON-GALLOWAY, J. TREBAS, D.
      BARTEL, C. KNUDSEN, B. USHER, J. PATELIS, S. VINTON, M. HOPKINS, F. FLEMING, J. FULLER, R.
      KNUDSEN, J. KASSMIER, T. MOORE, B. LER, B. PHALEN, F. NAVE, L. BREWSTER, B. MITCHELL, A.
        REGIER, S. KERNS, S. GALLOWAY, S. GIST, E. HILL, J. SCHILLINGER, K. SEEKINS-CROWE, M.
                          STROMSWOLD, J. GILLETTE, C. HINKLE, M. BINKLEY, R. MARSHALL
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   A BILL FOR AN ACT ENTITLED: “AN ACT PROHIBITING DISCRIMINATION BASED ON A PERSON'S
   VACCINATION STATUS OR POSSESSION OF AN IMMUNITY PASSPORT; PROVIDING AN
   APPROPRIATION; AND PROVIDING EFFECTIVE DATES.”
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              WHEREAS, as stated in section 50-16-502, MCA, the Legislature finds that "health care information is
   personal and sensitive information that if improperly used or released may do significant harm to a patient's
   interests in privacy and health care or other interests"; and
              WHEREAS, the Montana Supreme Court in State v. Nelson, 283 Mont. 231, 941 P.2d 441 (1997),
   concluded that "medical records fall within the zone of privacy protected by Article II, section 10, of the Montana
   Constitution" and "are quintessentially private and deserve the utmost constitutional protection".
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              NEW SECTION. Section 1.        Discrimination based on vaccination status or possession of
   immunity passport prohibited -- definitions. (1) It is an unlawful discriminatory practice for:
              (a)   a person or a government entity to refuse, withhold from, or deny to a person any local or state
   services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access, or
   employment opportunities based on the person's vaccination status or whether the person has an immunity
   passport;
              (b)   an employer to refuse employment to a person, to bar a person from employment, or to
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67th Legislature                                                                                                           HB 702.1
   discriminate against a person in compensation or in a term, condition, or privilege of employment based on the
   person's vaccination status or whether the person has an immunity passport; or
              (c)   a public accommodation to exclude, limit, segregate, refuse to serve, or otherwise discriminate
   against a person based on the person's vaccination status or whether the person has an immunity passport.
              (2)   A government entity or an employer does not unlawfully discriminate in violation of this section if
   any vaccination policy set forth by the government entity or the employer includes exemptions for a person to
   decline to be vaccinated based on medical or religious grounds.
              (3)   As used in this section, the following definitions apply:
              (a)   "Immunity passport" means a document, digital record, or software application indicating that a
   person is immune to a disease, either through vaccination or infection and recovery.
              (b)   "Vaccination status" means an indication of whether a person has received one or more doses of
   a vaccine.
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              NEW SECTION. Section 2.         Appropriation. There is appropriated $200 from the general fund to the
   department of labor and industry for the biennium beginning July 1, 2021, for the purposes of:
              (1)   notifying local boards of health of the requirements of [section 1] and requiring local boards of
   health to prominently display notice of the requirements of [section 1] on the home page of their website, if
   available, for at least 6 months after [the effective date of this act]; and
              (2)   requiring the department of public health and human services to prominently display notice of the
   requirements of [section 1] on the home page of the department's website for at least 6 months after [the
   effective date of this act].
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              NEW SECTION. Section 3.         Codification instruction. [Section 1] is intended to be codified as an
   integral part of Title 49, chapter 2, part 3, and the provisions of Title 49, chapter 2, part 3, apply to [section 1].
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              NEW SECTION. Section 4.         Severability. If a part of [this act] is invalid, all valid parts that are
   severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications,
   the part remains in effect in all valid applications that are severable from the invalid applications.
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67th Legislature                                                                                                      HB 702.1
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              NEW SECTION. Section 5.         Effective date. (1) Except as provided in subsection (2), [this act] is
   effective on passage and approval.
              (2)   [Section 2] is effective July 1, 2021.
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                                                                   -3-                     Authorized Print Version – HB 702