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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 115 By: Bullard
AS INTRODUCED
An Act relating to vaccinations and immuniza tions;
amending 25 O.S. 2021, Section 1101, which relates to
discrimination in employment; modifying language to
include disclosure of vaccination and immunity
status; requiring exemption; requiring a
certification of disclosure exemption be provided;
providing for certain requirements; providing for
submittal time frame; requiring certain acceptance;
providing for vaccination disclosure exemption;
providing for policy or re gulation inclusions;
providing form; amending 40 O.S. 2021, Section 192,
which relates to violation of act; adding
jurisdiction for enforcement of violations ; updating
statutory references; providing for noncodification;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as f ollows:
This act shall be known and may be cited as the “Privacy and
Conscience Protection Act”.
SECTION 2. AMENDATORY 25 O.S. 20 21, Section 1101, is
amended to read as follows:
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Section 1101. A. This act Section 1101 et seq. of this title
provides for exclusive remedies within the state of the policies for
individuals alleging discrimination in employment on the basis of
race, color, national origin, sex, religion, creed, age, disability
or, genetic information, or disclosure of medical privacy.
B. This act Section 1101 et seq. of this title shall be
construed according to the fair import of its terms to further the
general purposes stated in this section and the special purposes of
the particular provision involved.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 191.1 of Title 40, unless there
is created a duplication in nu mbering, reads as follows:
A. Any public or private employer operating in this state who
requires an employee or contractor to participate in vaccination or
immunization for COVID-19, as defined in Section 111 of Title 76 of
the Oklahoma Statutes, any variant, or future variants thereof as
part of an employer’s policy, whether written or verbal, shall allow
for a privacy exemption for an employee or contractor to refuse
disclosure of his or her vaccination or immunization status. The
requirement of this subsection shall not be required of an employee
who can provide proof of natural immunity by presenting a positive
antibody test to his or her employer.
B. Every employee or contractor employed by a public or private
employer operating in this state shall be provided a certification
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of disclosure exemption, which shall release the employee or
contractor from disclosing his or her vaccination or immunization
status due to an employer-mandated policy or regulation, whether
written or verbal, that involves or governs the vaccination or
immunization status for COVID-19, any variant, or future variants
thereof for employees or contractors. The certification of
disclosure exemption provided to an employee or contractor by the
employer, as required by this section, shall meet the following
requirements:
1. Upon adoption of any policy or regulation by a public or
private employer operating in this state, the employer shall provide
immediate notice to all employees or contractors of the policy
adopted by the employer. Such notice shall include a certification
of disclosure exemption for the employee or contractor. An employee
seeking to refuse disclosure shall complete the employer-provided
certification of disclosure exemption;
2. Upon receipt of the certification of disclosure exemption,
the employee or contractor shall be given thirty (30) calendar days
to complete and submit the certification to the employer;
3. Upon submission of the completed certification of disclosure
exemption by the employee or contractor, the employer shall accept,
without question, the certification of exemption and shall sign t he
document acknowledging receipt;
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4. Upon submission of the completed certification of disclosure
exemption, the employer shall not disclose employees or contractors
who refused to disclose their vaccination or immunizations statuses
for COVID-19, any variant, or future variants thereof; and
5. All public or private employers operating in this state
shall maintain a signed copy of an employe e’s or contractor’s
completed certification of disclosure exemption in the employe e’s or
contractor’s employment file and shall provide a signed copy to the
employee or contractor upon request.
C. Any policy or regulation adopted by an employer to implement
the provisions of this section shall not:
1. Disclose an employee’s or contractor’s vaccination or
immunization status for COVID-19, any variant, or future variants
thereof;
2. Provide incentives, bonuses, or any other reward for
disclosing an employee’s or contractor’s vaccination or immunization
status for COVID-19, any variant, or future variants thereof;
3. Discriminate against an employee or contactor due to his or
her refusal to disclose his or her immunization or vaccination
status for COVID-19, any variant, or future variants thereof.
Discrimination includes, but is not limited to, harassment,
different treatment, denial of benefits, or retaliation against an
employee or contractor;
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4. Terminate, discipline, deny employment benefits to, or
otherwise penalize an employee or contractor by a reduction in pay
or benefits based on the employee’s refusal to disclose immunization
or vaccination status for COVID-19, any variant, or future variants
thereof;
5. Segregate employees or contractors based on immunization or
vaccination status for COVID-19, any variant, or future variants
thereof; or
6. Require an employee or contractor to wear or display any
insignia or mark, or otherwise directly or indirectly disclose his
or her refusal to disclose vaccination or immunization status for
COVID-19, any variant, or future variants thereof.
An employer may offer reasona ble accommodations for those who
refuse to disclose and provide an exemption from disclosure of
vaccination status. For the purposes of this section, “reasonable
accommodation” shall mean requiring the wearing of a mask when
interacting with or in close proximity of others or requiring
periodic testing not to exceed more than once weekly. Any costs
incurred by the implementation of these accommodations shall be paid
for by the employer.
D. An employee or contractor seeking an exemption from
disclosure of his or her vaccination or immunization status shall
complete the certification of exemption form included in this
subsection and deliver it to his or her employer.
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CERTIFICATION OF DISCLOSURE EXEMPTION FOR VACCINATION STATUS
Please read and complete for requesting an employer exemption for
disclosing immunization or vaccination status.
All entries must be legible or form will be returned. Please print
unless signature is required.
Name (Last,
First, MI)
Birth
Date
Name of Employer
Phone Number
Address County __________________ _____
City Zip
1. PERSONAL OBJECTION:
I hereby certify that the employer with whom I am affiliated as
an employee or contractor has implemented policies governing
immunization or vaccination requirements that are contrary to my
beliefs and/or conscience and/or my privacy rights. I request an
exemption from disclosing my immunization or vaccination status
pursuant to my relationship with the above-stated employer. [CITE
NEW LAW]
Printed name Signature Date
2. EMPLOYER RECEIPT:
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I hereby certify that I have received and documented the
employee’s or contractor’s certification of disclosure exemption
involving the employee’s or contractor’s immunization or vaccination
status. As an agent of the employer, I hereby approve the
employee’s or contractor’s request to be exempt from disclosing
their immunization or vaccination status, pursuant to [CITE NEW
LAW].
Printed name Signature Date
ATTENTION: – This form is to be submitted to the Employer,
Owner, or HR Department.
The Employer, Owner, or HR Department shall keep a copy of this
form in the employee’s or contractor’s employment file.
SECTION 4. AMENDATORY 40 O.S. 2021, Section 192, is
amended to read as follows:
Section 192. A. Each and every viola tion of any provision of
Section 1 of this act 191 of this title shall constitute a
misdemeanor, punishable by a fine in any amount not exceeding One
Hundred Dollars ($100.00).
B. Any and every violation by the employer in subsection A of
Section 4 of this act shall be under the jurisdiction of the Office
of the Attorney General.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health , or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
59-1-122 MR 1/3/2023 4:27:01 PM