WHEREAS Governor Holcomb signed House Enrolled Act 1405 on April 29, 2021, making it an official law.

WHEREAS, as a part of House Enrolled Act 1405, it added Chapter 11 to Indiana Code 16-39, effective upon passage;

WHEREAS Indiana Code§ 16-39-11-3 identifies an "immunization passport" as any written, electronic, or printed information regarding whether an individual has or has not received a vaccine to produce immunity against COVID-19;

WHEREAS Indiana Code § 16-39-11-5 establishes that the State of Indiana and its local units of government are prohibited from issuing or requiring an immunization passport, except as set forth in the Section;

WHEREAS the Elkhart County Commissioners support the addition of Chapter 11 to Indiana Code 16- 39 as described above;

WHEREAS the Elkhart County Commissioners recognize concerns immunization passports could create, including concerns associated with civil liberties, personal health information, religious freedom, and possible discrimination of protected classes of individuals; and

WHEREAS in order to prevent concerns associated with such significant issues, the Elkhart County Commissioners desire to encourage businesses to avoid any measures to require employees or patrons to produce health information on COVID-19 vaccine status.

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Elkhart that the Board supports Chapter 11 to Indiana Code 16-39, declares that Elkhart County will not require immunization passports for its employees or patrons to enter Elkhart County buildings, and supports Elkhart County businesses to likewise not require immunization passports.

PASSED and ADOPTED on May 10, 2021

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