Bill Description: House Bill 421 prohibits certain vaccine mandates imposed by government entities.

Rating: +1

Analyst Note: H421 is one of several pieces of legislation introduced during the November meeting of the 2021 session to address the issue of vaccine mandates in Idaho. 

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

H421 creates Section 67-2359, Idaho Code, to prohibit government entities from requiring proof of vaccination or a negative laboratory test result in order to "apply for or receive services provided by the state or a political subdivision of the state"; "enter or remain in a government venue"; or "be hired by the state or maintain employment with the state."

Additionally, the bill says, "An employee of the state or a political subdivision of the state may not be discriminated against on the basis of such employee's immunization status."

Concerningly, the only penalty for violating the protections guaranteed under this section is a civil fine of $500 - $1,000 rather than any criminal penalties. One positive, however, is that the fine is to be paid personally by the individual responsible for the violation, not "from the state's or the political subdivision's budget."

(+1)