House Bill 1452

AN ACT TO PROHIBIT THE STATE OF MISSISSIPPI, A STATE AGENCY OR ENTITY, A POLITICAL SUBDIVISION OF THE STATE, OR A STATE OR LOCAL OFFICIAL FROM IMPOSING VACCINE MANDATES; TO DEFINE THE TERM "COERCE"; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this act, "coerce" means:

(a) Using physical violence, threats, intimidation, or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not;

(b) Making conditional a private or public benefit, including without limitation employment, promotion, or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; or

(c) Using any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not. However, other positive incentives that are above or beyond any expected compensation or benefit of employment shall not be included under the term "coerce."

(2) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not mandate or require an individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19).

(a) A state-owned or state-controlled medical facility may offer positive incentives to an individual to receive a vaccine or immunization for COVID-19.

(b) If a state-owned or state-controlled medical facility desires to mandate or require an individual to receive a vaccine or immunization for COVID-19, then the state-owned or state-controlled medical facility shall receive approval from the Legislature to mandate or require the individual to receive a vaccine or immunization for COVID-19.

(3) Receiving a vaccine or immunization for COVID-19 shall not be a condition of education, employment, entry, or services from the state or a state agency or entity or for obtaining a licensure, certificate, or permit from a state agency or entity.

(4) The Department of Health shall maintain information and data about the safety and efficacy of any vaccine or immunization for COVID-19 approved by the United States Food and Drug Administration, including without limitation information and data on any risk of harm associated with the administration of the vaccine or immunization, on the department's website. The information and data described in this subsection (4) shall be presented in a manner that is understandable and accessible to all individuals.

(5) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not discriminate against or coerce in any way an individual for refusing to receive a vaccine or immunization for COVID-19, including to:

(a) Coerce an employee into consenting to receive a vaccine or immunization for COVID-19;

(b) Withhold the opportunity for career advancement from an employee who does not consent to receiving a vaccine or immunization for COVID-19; or

(c) Withhold a salary, a wage increase, insurance, or insurance discounts from an employee who does not consent to receiving a vaccine or immunization for COVID-19.

(6) If the state, a state agency or entity, a political subdivision of the state, or a state or local official recommends that an individual in this state receive a vaccine or immunization for COVID-19, the state, state agency or entity, political subdivision of the state, or state or local official shall provide notice that the recommendation is not mandatory.

SECTION 2. (1) If a variant of coronavirus 2019 (COVID-19) occurs and mutates to be a more virulent strain that impacts children within two (2) years from the date that the United States Food and Drug Administration approved the immunization or vaccination for COVID-19, then the Secretary of the Department of Health and the Governor shall request a meeting of the:

(a) Senate Committee on Public Health, Welfare and Labor; and

(b) House Committee on Public Health, Welfare and Labor.

(2) At the meeting described in subsection (1) of this section, the Senate Committee on Public Health, Welfare and Labor and the House Committee on Public Health, Welfare and Labor shall make recommendations regarding vaccination of children.

(3) The recommendations shall be presented to the Legislature for approval, and may include a limited suspension of the laws under this act for students and school staff or a complete suspension of the laws under this act. If the recommendations include a suspension of the laws under this act, the standard exemptions for students may continue.

SECTION 3. This act shall take effect and be in force from and after its passage.