Committee approves amendment to require opt-out procedure for government vaccine mandates

Bismarck — The Industry, Business and Labor Committee voted to amend and advance House Bill 14.54 on a measure that would prevent state agencies, political subdivisions and other government entities from requiring an individual to receive a vaccine or similar product used to prevent disease unless the entity makes a procedure available to opt out for health, religious or philosophical reasons.

The amendment, offered by Representative Koppelman, removed an older definition for “medical product” and added language that the section would not apply to the Department of Corrections and Rehabilitation and that school, daycare and head-start vaccine opt-outs must follow the process in section 23-07-17.1. Representative Koppelman moved the amendment; Representative Casper seconded. The committee approved the amendment by voice vote.

Why this matters: The change would constrain government entities’ ability to impose vaccine requirements unless an explicit opt-out process exists, and it clarifies that schools and child-care programs must follow the existing statutory opt-out procedure referenced in section 23-07-17.1. The measure also carves out the Department of Corrections and Rehabilitation from the opt-out requirement.

Committee discussion and testimony: Representative Koppelman described the amendment’s intent as preserving agencies’ ability to require vaccines only when an opt-out process is provided. He said the amendment would read in part: “notwithstanding any other provision of law, a state agency, political subdivision, or any other government entity may not require an individual to take or receive a vaccine or similar product used to prevent disease unless there is a procedure made available to opt out for health, religious, or philosophical reasons.”

Representative Donna Henderson said she supported the language that she and Koppelman worked on. “I think that works well,” Henderson said.

Lisa Johnson, vice chancellor of academic and student affairs for the North Dakota University System, told the committee the university system supports the proposed amendment and that the system already uses a common exemption form for students. “We actually have a common exemption form that is readily available for students at our colleges and universities... Old forms used to say if it was for religious [or] medical — the form doesn't even ask that anymore,” Johnson said.

Representative Koppelman also proposed a clarifying line exempting the Department of Corrections and Rehabilitation from the opt-out requirement and directing that vaccine opt-outs for schools, childcare facilities and related programs follow the procedures in section 23-07-17.1. Koppelman said the amendment removed the term “medical product” from the bill’s definitions and replaced it with the more-targeted opt-out requirement.

Committee action and next steps: After the amendment passed by voice vote, Representative Koppelman moved to pass the bill as amended; Representative Ruby seconded. The committee conducted a roll-call vote to advance the bill. Several members registered “yes” during the roll call, and the committee named Representative Schatz to carry the bill before crossover. The transcript excerpt does not include a complete roll-call tally.

What the bill would do and limits of the record: As amended, HB 14.54 would prohibit a state agency, political subdivision or other government entity from requiring a person to receive a vaccine or similar preventive product unless the entity provides an opt-out procedure for health, religious or philosophical reasons, would not apply that requirement to the Department of Corrections and Rehabilitation, and would require schools and related programs to follow section 23-07-17.1 for opt-outs. The committee transcript indicates department counsel remained opposed to the language; the attorney general’s office had not issued a formal position by the time of the hearing.

Votes at a glance: The committee adopted Representative Koppelman’s amendment by voice vote (motion by Representative Koppelman; seconded by Representative Casper). The committee then voted to advance the bill as amended on a roll call (motion by Representative Koppelman; seconded by Representative Ruby). The transcript excerpt records several “yes” votes during roll call but does not include a complete final tally in the provided excerpt.

Ending: Committee members said they expect floor activity around crossover and named Representative Schatz as the bill carrier. The committee recessed to await further action on the floor.