HCS HB 336 Boggs, Mitch Committee
HCS HB 336 -- REQUIRED IMMUNIZATION LIABILITY ACT
SPONSOR: Boggs
COMMITTEE ACTION: Voted "Do Pass with HCS" by the Standing Committee on Emerging Issues by a vote of 8 to 4. Voted "Do Pass" by the Standing Committee on Rules- Legislative Oversight by a vote of 7 to 3.
The following is a summary of the House Committee Substitute for HB 336.
This bill establishes the "Required Immunization Liability Act", which states that an employer that requires its employees to receive an immunization as a condition of employment shall be liable for damages or injury resulting from the required immunization solely due to the employer's requirement.
The following is a summary of the public testimony from the committee hearing. The testimony was based on the introduced version of the bill.
PROPONENTS: Supporters say that this bill balances the interests of employers and employees, leaving it within the discretion of employers to require immunization if they deem it necessary, but giving access to appropriate relief for employees that may be harmed because of following this requirement. This bill establishes the appropriate remedy of a tort action for damages caused. This bill ultimately applies and balances free market principles.
Testifying in person for the bill were Representative Boggs; Ron Calzone; Pam Buttram; Lori Bourgeois; Jennifer Barker; and Tammy Stidem.
OPPONENTS: Those who oppose the bill say that this bill is inappropriate government intervention into how private businesses conduct themselves. Government should not be telling businesses how to operate. This bill creates a new, unnecessary cause of action and source of liability against small businesses. Any potential injury arising from vaccine requirements are already covered under workers compensation. This bill establishes bad public policy to empower individuals who work at-will to have the ability to sue a business for employment practices that the business believes are best. Further, this bill will be in conflict with certain federal requirements and put some businesses in the impossible position of having to decide between federal or state law.
Testifying in person against the bill were Overfelt, Missouri Retailers Association; Missouri Grocers Association; Missouri Tire Industry Association; Associated Industries of Missouri; Missouri Chamber of Commerce and Industry; Greater Kansas City Chamber of Commerce; Mo Health Care Association; Mo Assisted Living Association; and Missouri Hospital Association.
Written testimony has been submitted for this bill. The full written testimony and witnesses testifying online can be found under Testimony on the bill page on the House website.