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Posted on 10/22/2021 8:05:05 AM PDT by TexasGurl24
CHARLESTON — A bill that creates a process for workers in West Virginia to seek exemptions to COVID-19 workplace vaccination requirements passed the state Senate on Tuesday after more than two hours of debate and bipartisan objections.
House Bill 335, relating to COVID-19 immunizations requirements for employment in the public and private sectors, passed the state Senate 17-16 Tuesday afternoon with only state Sen. Eric Nelson, R-Kanawha, absent. However, the bill failed to get the two-thirds vote needed to make it effective from passage, meaning the bill could take 90 days from passage by the Legislature before it can become law.
HB 335 creates a process for public and private sector employees to seek medical and religious exemptions to COVID-19 vaccine mandates from employers.
Workers would be able to provide certificates from licensed medical professionals stating that the employee has medical issues that prevent them from being vaccinated or the employee has antibodies from a previous infection. Workers would also be able to provide a notarized statement to employers claiming they have religious beliefs that prevent them from taking any of the three COVID-19 vaccines. It also allows employees to seek injunctive relief against employers.
A successful amendment offered by state Sen. Eric Tarr, R-Putnam, puts language in the bill that if any part of the bill is deemed unconstitutional or invalid by future federal laws and rules, those federal laws and rules won’t invalidate the entire state law.
(Excerpt) Read more at theintelligencer.net ...
This is NOT progress.
Nope. Where’s the “Because I don’t want it!” exemption?
I don’t know why you think that?
The Bill creates a “check the box” exemption process under State Law for religious vaccine exemptions. It also mandates exemptions for those who can show natural immunity.
While it may not be everything that you want, it is better than where WV was before.
That’s the definition of progress.
It is literally MORONIC to say “ALLZZZZZ OR NOTHNGZZ.”
2021 THIRD EXTRAORDINARY SESSION
ENROLLED
House Bill 335
By Delegate Summers
(By Request of the Executive)
[Passed October 20, 2021; in effect ninety days from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-4b, relating to COVID-19 immunizations requirements for employment in the public and private sectors; providing for exemptions; setting forth a process and an exemption for medical contraindications; setting forth a process and an exemption for those with religious beliefs that prevent an employee or prospective employee from taking a COVID-19 vaccine; prohibiting discrimination for exercising an exemption; defining terms; providing for injunctive relief in the event of a violation of the section; setting forth an effective date; and providing for a severability clause.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.
§16-3-4b. Required exemptions to compulsory immunization against COVID-19 as a condition of employment; effective date.
(a) A covered employer, as defined in this section, that requires as a condition of continued employment or as a condition of hiring an individual for employment that such person receive a COVID-19 immunization or present documentation of immunization from COVID-19, shall exempt current or prospective employees from such immunization requirements upon the presentation of one of the following certifications:
(1) A certification presented to the covered employer, signed by a physician licensed pursuant to the provisions of §30-3-1 et seq. or §30-14-1 et seq. of this code or an advanced practice registered nurse licensed pursuant to the provisions of §30-7-1 et seq. of this code who has conducted an in person examination of the employee or prospective employee, stating that the physical condition of the current or prospective employee is such that a COVID-19 immunization is contraindicated, there exists a specific precaution to the mandated vaccine, or the current or prospective employee has developed COVID-19 antibodies from being exposed to the COVID-19 virus or suffered from and has recovered from the COVID-19 virus; or
(2) A notarized certification executed by the employee or prospective employee that is presented to the covered employer by the current or prospective employee that he or she has religious beliefs that prevent the current or prospective employee from taking the COVID-19 immunization.
(b) A covered employer shall not be permitted to penalize or discriminate against current or prospective employees for exercising exemption rights provided in this section by practices including, but not limited to, benefits decisions, hiring, firing, or withholding bonuses, pay raises, or promotions.
(c) As used in this section, the following terms shall have the following meaning:
(1) “Covered employer” shall mean:
(A) The State of West Virginia, including any department, division, agency, bureau, board, commission, office or authority thereof, any political subdivision of the State of West Virginia including, but not limited to, any county, municipality or school district; or
(B) A business entity, including without limitation any individual, firm, partnership, joint venture, association, corporation, company, estate, trust, business trust, receiver, syndicate, club, society, or other group or combination acting as a unit, engaged in any business activity in this state, including for-profit or not-for-profit activity, that has employees.
(2) “COVID-19” shall mean the same as that term is defined in §55-19-3 of this code;
(3) “Immunization” shall mean any federally authorized immunization for COVID-19, whether fully approved or approved under an emergency use authorization.
(d) Any person or entity harmed by a violation of this section may seek injunctive relief in a court of competent jurisdiction.
(e) The provisions of this section shall become effective immediately.
(f) Pursuant to §2-2-10 of this code, if any provision of this section or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the section, and to this end the provisions of this section are declared to be severable.
F**k the terminator “vaccines.”
We should be concentrating on the indictment, arrest, trial, conviction, sentencing and execution for crimes against humanity of the people responsible for unleashing the Fauci/China biological warfare virus and the terminator “vaccines” on an unsuspecting world.
In a republic, you have to get that version passed into law.
Montana did. Other States are working on versions like that, but you have to get them through the elected body.
Your whims don’t magically appear into law.
So, sometimes, you have to take one step forward instead of two.
The social media version of the political process simply doesn’t play out in reality.
I’ll ignore your use of the ad hominem this once.
I’ll make this simple for you: My rights come from God, not man.
I will not compromise on that.
If you wish to, you can do that.
I will not.
Why is it moronic to demand our freedom?
It’s unbelievable how ignorant of history people are on this forum.
Republicans too often take the all or nothing stance. Thus they mostly get nothing. Democrats, on the other hand, make progress like a ratchet. Little by little they progress towards their goal without ever going backwards. Very frustrating.
The default position is no mandate.
There is no mandate law nor should there be. Their "whims" aren't law.
...
You are preaching to the choir. I believe the same thing. I am completely on board with opposing vaccine mandates.
Opposing vaccine mandates means working, systematically, step by step, to provide avenues for resistance.
Taking the ball and going home because you can’t get everything in one swoop is a losing proposition.
There are workers in the WVU Health System who really would like to keep working, and who will be able to do so because of this bill.
They wouldn’t be able to under you approach, no matter how much you or I wish that they might.
It’s moronic to say, “All or nothing.”
Yes, I wish this law would have just copied Montana’s and be done with it.
However, WV had trouble even getting THIS version passed.
Texas couldn’t get it a version like Montana’s passed.
The reality is, we have to take wins where we can, and then work from the ground we gain.
In war, you don’t say, “Well we can’t take the enemy’s Capital tomorrow, so we might as well surrender.”
You win each part of the battlefield, piece by piece, until you win the war.
Far too many people on our side subscribe to the “I’ll throw a tantrum if I don’t get everything I want tomorrow.”
That’s not a recipe for winning.
Bingo.
The plain reality is that WVU was going to fire employees. The only protection that employees currently have is Title VII and the ADA.
Both of those have work arounds for employers who are adamant about imposing mandates.
State laws like this, especially a check-the-box, version like this, are much more difficult for employers to weasel out of.
Winning this battle and then moving forward is the correct move, rather than throwing the baby out with the bathwater.
So therefor they won’t get the virus; meanwhile ....
And that approach has got us to Joe Biden as president.
That’s a laughable statement. If anything, the “all or nothing” approach is why Xiden is in office and the Senate is in the hands of Schmuck Schumer.
Loon Woods comes to mind immediately.
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