HB 2001 — Requiring employers who impose COVID-19 vaccine requirements to allow medical and religious exemptions, providing for waiver requests, authorizing a complaint and investigation process with the secretary of labor for violations related to exemptions, enforcement actions by the attorney general and civil penalties to be imposed by a court for such violations and providing exceptions under the employment security law related to benefit eligibility conditions and disqualification conditions based on refusal to comply with COVID-19 vaccine requirements.

(iii) whether the employer has taken action to correct the violation;

(iv) whether the employer has previously been assessed a civil penalty for violating this section;

and (v) any other mitigating or aggravating factor that fairness or due process requires.

(D) A civil penalty shall not be imposed pursuant to this subsection except upon the written order of the attorney general to the employer that violated this section.

Such order is a final order for purposes of judicial review and shall state the violation, the penalty to be imposed, the factors considered in determining such penalty and the right of such employer to appeal as provided in the Kansas judicial review act.

(4) All civil penalties assessed and collected under this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A.

75-4215, and amendments thereto.

Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.

(d) (1) An individual aggrieved by a violation of this section who is otherwise eligible for benefits under the employment security law shall not become ineligible for benefits pursuant to K.S.A.

44-706, and amendments thereto, on the grounds that the individual:claimant:

(A) Was(1) Was discharged or suspended for misconduct if the employer's conduct in discharging or suspending such individualclaimant was a violation of thisHOUSE section;BILL No.

or2001—page (B) has3 declined to accept work that requires compliance with a COVID-19 vaccine requirement if the individual has requested an exemption from the prospective employer in accordance with this section 1, and suchamendments requestthereto; was denied.

Inor such(2) has case,declined suchto accept work forthat suchrequires individualcompliance shallwith bea deemedCOVID-19 notvaccine torequirement constituteif suitablethe workclaimant forhas purposesrequested ofan exemption from the employmentprospective securityemployer law.in accordance with section 1, and amendments thereto, and such request was denied.

(2)In (A) Notwithstandingsuch thecase, timesuch limitationswork for such claimant shall be deemed not to constitute suitable work for purposes of K.S.A.the employment security law.

44-709,(b) and(1) Notwithstanding amendments thereto, or the provisionstime limitations of K.S.A.

44-706,44-709, and amendments thereto, orthe anyprovisions other provision of theK.S.A. employment security law to the contrary, a claimant upon request shall be retroactively paid HB 2001—Am.

by44-706, SFAand 6amendments thereto, or any other provision of the employment security law to the contrary, a claimant upon request shall be retroactively paid benefits for any week that the claimant would otherwise have been eligible for such benefits, if such claimant was disqualified from receiving such benefits during the period of September 9, 2021, through the effective date of this act on the grounds that the claimant was discharged or suspended for misconduct as the result of the claimant's refusal to comply with a COVID-19 vaccine requirement after the individualclaimant requested an exemption or accommodation from such requirement provided by state or federal law and such request was denied.

(B) The(2) The secretary of labor shall independently review any claims denied during the period of September 9, 2021, through the effective date of this act to determine if the claimant was disqualified from receiving benefits on the grounds that the claimant was discharged or suspended for misconduct as the result of the claimant's refusal to comply with a COVID-19 vaccine requirement after the individualclaimant requested an exemption or accommodation from such requirement provided by state or federal law and such request was denied.

If the claimant has not requested retroactive payment of such benefits as provided by subparagraphparagraph (A),(1), the secretary shall retroactively pay benefits to such claimant for any week that the claimant would otherwise have been eligible for such benefits.

(C) The(3) The claimant or the employer may appeal an award or denial of benefits made pursuant to this subsectionsection as provided in K.S.A.

(D) The(4) The secretary of labor shall develop and implement procedures to enable claimants to retroactively substantiate and file claims under this paragraph.subsection.

(3) As(c) Benefits usedawarded into thisa subsection,claimant termswho meanreceives theback samepay aspursuant into section 1(c), and amendments thereto, shall be subject to the employmentrepayment securityor law.benefit offset and other provisions of K.S.A.

(e) No44- employer706(s) shalland impose44-719(d), aand COVID-19amendments vaccinethereto, requirementif unlessapplicable. such requirement is expressly authorized by an act of the legislature.

(f)(d) As Noused employerin shallthis discriminatesection: against any employee on the basis of whether such employee has received a COVID-19 vaccine.

(g)(1) "COVID-19 Asvaccine usedrequirement" means the same as in thissection section:1, and amendments thereto;

(1) "COVID-19and vaccine"(2) all meansother anterms immunization,mean vaccination or injection against disease caused by the novelsame coronavirus identified as SARS-CoV-2in orthe diseaseemployment causedsecurity bylaw. a variant of the virus;

(2) "COVID-19Sec. vaccine requirement" means that an employer:

(A) Requires3. (a) anIn employeethe event that all or any portion of the provisions of section 1, and amendments thereto, are held to receivebe unconstitutional by any court of competent jurisdiction, upon a COVID-19final vaccine;order, the attorney general shall certify to the secretary of state that such holding has occurred.

(B) requiresUpon anreceipt employeeof tosuch providecertification, documentationthe certifyingsecretary receipt of state shall cause a COVID-19notice vaccine;of such certification to be published in the Kansas register.

or(b) On (C) enforcesand aafter requirementthe describedeffective date of this act and upon the publication of the notice by the secretary of state in subparagraphthe (A)Kansas orregister (B)as HBprovided 2001—Am.by subsection (a), section 2, and amendments thereto, is hereby repealed.

by(c) In SFAthe 7event that isall imposedor byany portion of the federalprovisions governmentof orsection 2, and amendments thereto, are held to be unconstitutional by any othercourt entity;HOUSE BILL No.

(3) "employee"2001—page means:4 of competent jurisdiction, such holding shall not affect the validity of any other provision of section 1, and amendments thereto, and to this end the provisions of section 2, and amendments thereto, are severable.

(A) AnSec. individual who is employed in this state for wages by an employer;

(B) an4. This applicantact forshall employmenttake byeffect anand employer;be in force from and after its publication in the Kansas register.

orI (C) ahereby noncompensatedcertify internthat orthe apprenticeabove forB anILL employer;originated in the H OUSE, and was adopted by that body.

(4) "employer"H meansOUSE anyadopted personConference inCommittee thisReport stateSpeaker who employs one or more persons and includes the state of Kansas and all political subdivisions of the state;House.

(5) "person"Chief meansClerk anof individual,the partnership,House. association, organization, corporation, legal representative, trustee, trustee in bankruptcy or receiver;

(6) "physician"Passed meansthe anS individualENATE licensedas byamended theSENATE stateadopted boardConference ofCommittee healingReport artsPresident toof practicethe medicineSenate. and surgery;

(7) "punitiveSecretary action" means any of the followingSenate. actions related to the employee's exemption request:

Dismissal,A demotion,PPROVED transfer,Governor. reassignment, suspension, reprimand, warning of possible dismissal, withholding of work or assessing any monetary penalty or unreasonable charge;

and (8) "religious beliefs" includes, but is not limited to, theistic and non-theistic moral and ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views.} Sec.

2. This act shall take effect and be in force from and after its publication in the Kansas register.