WEST virginia legislature
2022 regular session
Committee Substitute
for
House Bill 4012
By Delegates Horst, J. Jeffries, Steele, Conley, Crouse, Maynor, G. Ward, Worrell, Foster, Dean, and Nestor
[Introduced January 24, 2022; referred to the Committee on Health and Human Resources then the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-4b, relating to prohibiting the showing of proof of a COVID-19 vaccination as a condition for entering upon the premises of any state or local governmental office, entity, department or agency, or as a condition for entering upon the premises of a hospital or state institution of higher education, unless such proof is required by federal law or regulation; and providing for a person harmed to seek injunctive relief, and, upon prevailing, may be awarded reasonable attorney’s fees and court costs.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.
§16-3-4b. Prohibiting proof of COVID-19 vaccination.
(a) As used in this section:
(1) “COVID-19” has the same definition as provided in §55-19-3 of this code;
(2) “Hospital” has the same definition as provided in §16-5B-1 of this code;
(3) “Immunization” has the same definition as provided in §55-19-3 of this code;
(4) “Proof of vaccination” means physical documentation or digital storage of protected health information related to an individual’s immunization or vaccination against COVID-19;
(5) “State institution of higher education” has the same meaning as provided in §18B-1-2 of this code.
(b) A state or local governmental official, entity, department, or agency may not require proof of vaccination as a condition of entering upon the premises of a state or local government entity, or utilizing services provided by a state or local government entity: Provided, That if any federal law or regulation requires proof of vaccine as a condition of entering the premises, the provisions of this subsection shall not apply.
(c) A hospital may not require proof of vaccination as a condition of entering upon the premises: Provided, That if any federal law or regulation requires proof of vaccine as a condition of entering the premises, the provisions of this subsection shall not apply.
(d) A state institution of higher education may not require proof of vaccination as a condition of enrollment or for entering upon the premises: Provided, That if any federal law or regulation requires proof of vaccine as a condition of entering the premises, the provisions of this subsection shall not apply.
(e) A person harmed by a violation of this section may bring an action for injunctive relief in a court of competent jurisdiction, and upon prevailing may be awarded reasonable attorney’s fees and court costs.
NOTE: The purpose of this bill is to prohibit an entity from requiring proof of a COVID-19 vaccination to enter a hospital, state institution of higher education or a state or local governmental office, entity, department, or agency, unless such proof is required by federal law or regulation. The bill provides for a person harmed to seek injunctive relief, and, upon prevailing, may be awarded reasonable attorney’s fees and court costs.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.