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Committee Substitute House Bill 4012 History

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Key: Green = existing Code. Red = new code to be enacted

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.

 

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