Special Session Bill Spotlight: HB 1511, COVID-19 Vaccine Mandate Prohibition

During Special Session, despite the fast-moving pace of this weeklong behemoth of work, GNDC was at the Capitol. We represented ND businesses by answering questions and expressing the concerns of potential business impacts of all proposed legislation. We paid particular attention to the COVID-19 vaccine mandate prohibition bills, HB 1510 and HB 1511.

HB 1511 passed after being favorably amended and has the following components:  

1. Businesses can still require workforce vaccination, but allowable exemptions were expanded. Exemptions under this state rule include religious, moral, and philosophical believes, medical reasons, and proof of anti-bodies (for six months).
2. Public-facing businesses cannot require vaccination status proof for entry.
3. The bill does not include a private right of action.
4. Exempts business subject to the Presidential COVID-19 Vaccination Executive Orders – specifically those subject to the Centers for Medicare & Medicare Services, federal contractors, and employers with workforces of 100+ executive orders so businesses won’t be forced to pick which law to break.
5. It also includes an August 2023 sunset so that lawmakers can revisit this issue at the next legislative session.

The passage of this bill may present challenges for some businesses/industries. GNDC recommends that businesses consult legal counsel and HR experts to determine impacts specific to their operations. Vogel Law Firm, a GNDC member, has published a blog post to utilize as a resource to assist in navigating through this state law and the impacts of the Presidential COVID-19 Vaccination Executive Orders.

See additional Special Session details.