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LRBs0304/1
MIM:wlj
2021 - 2022 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 662
January 11, 2022 - Offered by Senator Felzkowski.
SB662-SSA1,1,2 1An Act to create 103.375 of the statutes; relating to: natural immunity to
2COVID-19 in lieu of proof of vaccination or test.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB662-SSA1,1 3Section 1 . 103.375 of the statutes is created to read:
SB662-SSA1,1,5 4103.375 Natural immunity in lieu of vaccination or test for COVID-19.
5(1)
Definitions. In this section:
SB662-SSA1,1,96 (a) “Employer” means a person engaging in any activity, enterprise, or business
7in this state and includes the state and any office, department, independent agency,
8authority, institution, association, society, or other body in state government created
9or authorized to be created by the constitution or any law.
SB662-SSA1,1,1110 (b) “Health care provider” means any of the following if the individual is
11licensed to practice in any state or territory of the United States:
SB662-SSA1,2,1
11. A nurse.
SB662-SSA1,2,22 2. A practical nurse.
SB662-SSA1,2,33 3. A chiropractor.
SB662-SSA1,2,44 4. A physician assistant.
SB662-SSA1,2,55 5. A physician.
SB662-SSA1,2,66 6. A pharmacist.
SB662-SSA1,2,87 (c) “SARS-CoV-2 coronavirus” includes any variant or virus derived as a
8mutation of the SARS-CoV-2 coronavirus, which causes COVID-19.
SB662-SSA1,2,20 9(2) Natural immunity in lieu of vaccination or testing. If an employer
10requires an employee or prospective employee to receive a vaccine against the
11SARS-CoV-2 coronavirus and to show proof of having received the vaccine, or to be
12regularly tested for COVID-19 as a condition of an offer of employment or continued
13employment with the employer, and if the employer is not otherwise prohibited by
14law from requiring an employee or prospective employee to receive a vaccine against
15the SARS-CoV-2 coronavirus and to show proof of having received the vaccine, or
16to be regularly tested for COVID-19 as a condition of an offer of employment or
17continued employment with the employer, the employer shall accept, in lieu of
18requiring the vaccine, proof of having received the vaccine, or regular testing for
19COVID-19, documentation demonstrating natural immunity against the
20SARS-CoV-2 coronavirus, which may be any of the following:
SB662-SSA1,2,2421 (a) Documentation that is signed by a health care provider and dated after
22March 1, 2020, showing that the individual tested positive for COVID-19 or showing
23a serology test that demonstrates the presence of naturally occurring antibodies
24against the SARS-CoV-2 coronavirus in the individual's blood.
SB662-SSA1,3,2
1(b) A notarized letter written by the individual that states that the individual,
2to the best of the individual's knowledge, recovered from COVID-19.
SB662-SSA1,3,9 3(3) Written notification. If an employer notifies an employee or prospective
4employee that the employer requires an employee or prospective employee to receive
5a vaccine against the SARS-CoV-2 coronavirus and to show proof of having received
6the vaccine, or to be regularly tested for COVID-19 as a condition of an offer of
7employment or continued employment with the employer, the employer shall inform
8the employee or prospective employee in writing of the individual's right to provide
9proof of natural immunity under sub. (2).
SB662-SSA1,3,15 10(4) Discrimination. No employer may discriminate against an employee who
11provides proof of natural immunity under sub. (2) in the individual's employment,
12including requiring the employee to self-isolate, wear a face covering, or work in an
13area outside the employee's usual work area, if the employer does not require the
14same of employees who provide proof of vaccination or who undergo regular testing
15for COVID-19.
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