Two state senators have been circulating a petition asking lawmakers to call a special session to consider legislation prohibiting businesses from requiring employees get vaccinated against the coronavirus.
The special session, proposed by Sens. Ben Hansen of Blair and Rob Clements of Elmwood, would also consider prohibiting governments and schools from mandating COVID-19 vaccines, according to an email shared with the Journal Star.
The move from state lawmakers comes a week after Gov. Pete Ricketts, who opposes vaccine mandates, said he would not call lawmakers back to Lincoln for a second special session this year.
The Legislature met in September to redraw political boundaries as part of the decennial redistricting process, a responsibility outlined in the state's constitution.
According to the letter, 26 senators signed the petition outlining the purpose of the special session to Secretary of State Bob Evnen.
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Hansen submitted the letter to Evnen's office Tuesday afternoon.
"We need to do what we can to protect the livelihoods of Nebraskans who are at risk of losing their jobs if they exercise their choice not to receive a COVID vaccination," Hansen said in a news release.
Under state law, 10 senators can ask the secretary of state to poll the Legislature on whether or not to convene to consider legislation outside of the normal lawmaking session.
If agreed to by 33 of the Legislature’s 49 members, Evnen would then submit the outline to Ricketts, who would use it as a basis to issue a proclamation that sets the start day and duration for the Legislature.
Hansen said the proposed session would not be to “question the science of vaccines,†prevent K-12 schools from mandating other vaccinations, do away with mask mandates, discuss other treatments or “whether vaccines in general are good or bad.â€
The senators’ move doesn’t seem likely to succeed, however.
Ricketts said a week ago he would not call a special session because he did not believe there would be enough votes to pass such a bill.
The timing of a special session would also be difficult to arrange. A handful of lawmakers — including Hansen — are planning a two-week trip to Africa to climb Mt. Kilimanjaro in November.
Plus, the Legislature is set to reconvene in early January for a 60-day session, where how to spend more than $1 billion in American Rescue Plan Act money is expected to be the primary focus.
Earlier this year, Hansen sponsored a bill (LB643) allowing individuals, parents and businesses the choice to decline a vaccine during a state of emergency without suffering a penalty.
Dozens of people testified in support of the bill, outlining their opposition to all vaccine mandates, with some citing religious and health reasons for declining vaccination, and several others raising conspiracy theories or putting forward debunked claims about vaccines.
The bill did not advance to the floor for debate.
Since then, COVID-19 vaccines have become widely available in Nebraska and across the U.S. As of Tuesday, more than 68% of eligible Nebraskans have been fully vaccinated, according to the Department of Health and Human Services.
This fall, several businesses across Lincoln and Nebraska have put in place policies requiring employees to get vaccinated against the coronavirus.
Others have adopted measures in anticipation of a new rule from the Biden administration requiring businesses with more than 100 employees to require vaccines or mandate weekly testing.
In Lincoln, hospital systems such as Bryan, CHI Health and Madonna, along with a few senior care centers, have announced requirements that their employees get vaccinated. Union Pacific and Gallup, both of Omaha, have taken similar steps.
Nebraska Chamber President Bryan Slone said the business group believes vaccinations are a "critical path to full economic and quality-of-life recovery."
But, Slone said the Nebraska Chamber opposes both Biden's plan requiring large employers to put vaccine mandates in place, as well as any legislative effort to prohibit businesses from requiring employees get a shot.
"If there's anything the pandemic has taught us, it's that there is no one-size-fits-all policy that meets the needs of all states, all communities, all employers or all Nebraskans," Slone said in a statement.
"Accordingly, Nebraska businesses must have the freedom to make the decision that works best for them, their operations, and their employees in their communities," he added. "The Nebraska Chamber opposes mandates on employers related to vaccination questions."
The Nebraska Department of Education said no public K-12 schools in the state have put forward requirements that students or staff take a COVID-19 shot.
Students entering kindergarten are required to be vaccinated against several diseases, including polio, chickenpox, measles, mumps, rubella and hepatitis B.
A spokesman for the state education department said the Legislature or the Department of Health and Human Services has the authority to add COVID-19 to the list of required immunizations.
Sen. Carol Blood of Bellevue, in response to Hansen’s email, said lawmakers should also consider eliminating Nebraska’s at-will employment statutes, which allow businesses to fire their employees at any time for any reason — including if they are not vaccinated.
“I have grave concerns where this is going and I fear you are bringing false hope to these people for political gain,†wrote Blood, a Democratic candidate for governor in 2022. “That may not be the case, but optics appear otherwise.â€