LRB-4913/1
MIM&JPC:cjs
2021 - 2022 LEGISLATURE
November 2, 2021 - Introduced by Senators Felzkowski, Ballweg, Bernier,
Jagler, Marklein, Stafsholt and Stroebel, cosponsored by Representatives
Horlacher, Cabral-Guevara, Allen, Armstrong, Brandtjen, Brooks,
Dittrich, Duchow, Edming, Gundrum, James, Kuglitsch, Macco, Magnafici,
Moses, Penterman, Schraa, Skowronski, Sortwell, Spiros, Summerfield,
Thiesfeldt, Tittl and Wichgers. Referred to Committee on Labor and
Regulatory Reform.
SB662,1,2
1An Act to create 103.375 of the statutes;
relating to: natural immunity to
2COVID-19 in lieu of proof of vaccination or test.
Analysis by the Legislative Reference Bureau
This bill provides that if an employer requires an employee to provide proof of
having received a vaccine against COVID-19, or to be regularly tested for COVID-19
as a condition of continued employment or an offer of employment, the employer is
required to accept, in lieu of proof of such vaccination or regular testing,
documentation demonstrating natural immunity against the SARS-CoV-2
coronavirus—either documentation showing that the individual tested positive for
COVID-19 or documentation of a serology test that shows the presence of naturally
occurring antibodies against SARS-CoV-2 in the individual's blood. Under the bill,
the documentation must be dated after March 1, 2020, and be signed by a health care
provider licensed in the United States or a territory of the United States.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB662,1
3Section
1. 103.375 of the statutes is created to read:
SB662,2,2
4103.375 Natural immunity in lieu of vaccination or test for COVID-19. 5 (1) In this section, “health care provider” means a nurse, licensed practical nurse,
1physician assistant, or physician licensed in any state or territory of the United
2States.
SB662,2,13
3(2) If an employer requires an employee or prospective employee to receive a
4vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19, to show
5proof of having received such a vaccine, or to be regularly tested for COVID-19 as
6a condition of an offer of employment or continued employment with the employer,
7the employer shall accept, in lieu of requiring such a vaccine, proof of having received
8such a vaccine, or regular testing for COVID-19, documentation demonstrating
9natural immunity against the SARS-CoV-2 coronavirus, which may be either
10documentation showing that the individual tested positive for COVID-19 or
11documentation of a serology test that shows the presence of naturally occurring
12antibodies against SARS-CoV-2 in the individual's blood that meets all of the
13following requirements:
SB662,2,1414
(a) It is signed by a health care provider.
SB662,2,1515
(b) It is dated after March 1, 2020.
