Bill Text For HB2335 - Proposed Committee Substitute

 1|                          STATE OF OKLAHOMA                            |
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 2|             1st Session of the 58th Legislature (2021)                |
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 3|COMMITTEE SUBSTITUTE                                                   |
  |FOR ENGROSSED                                                          |
 4|HOUSE BILL NO. 2335                  By: Steagall, Davis, Stark,       |
  |                                         Conley, West (Kevin),         |
 5|                                         Kendrix, Hardin (David),      |
  |                                         Grego, McDugle, Dills,        |
 6|                                         Stearman, Miller, Russ and    |
  |                                         Roberts (Sean) of the House   |
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  |                                         Jett, Hamilton, Bullard,      |
 9|                                         Murdock, Bergstrom, Dahm,     |
  |                                         Stephens and Newhouse of      |
10|                                         the Senate                    |
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13|                        COMMITTEE SUBSTITUTE                           |
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14|       An Act relating to prevention and control of disease;           |
  |       prohibiting certain vaccination mandates; prohibiting           |
15|       certain discrimination and penalties; creating                  |
  |       exceptions; defining term; establishing immunity from           |
16|       liability for certain entities from certain actions;            |
  |       providing for codification; and declaring an                    |
17|       emergency.                                                      |
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19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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20|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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21|in the Oklahoma Statutes as Section 1-502.5 of Title 63, unless        |
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22|there is created a duplication in numbering, reads as follows:         |
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23|    A.  A state agency shall not enact by rule, order or other means   |
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24|any vaccination requirement for any member of the general public or    |
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   Req. No. 2050                                                   Page 1
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 1|discriminate against or civilly, criminally or administratively        |
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 2|penalize any member of the general public who declines to be           |
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 3|vaccinated or who declines to vaccinate his or her children, except    |
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 4|as provided by:                                                        |
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 5|    1.  Section 411 of Title 10 of the Oklahoma Statutes;              |
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 6|    2.  Rules promulgated by the State Commissioner of Health          |
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 7|governing hospital standards as authorized by Sections 1-705 and       |
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 8|1-707 of Title 63 of the Oklahoma Statutes;                            |
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 9|    3.  Sections 1210.191 through 1210.195 and Sections 3243 and       |
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10|3244 of Title 70 of the Oklahoma Statutes; or                          |
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11|    4.  Subsection B of this section.                                  |
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12|    B.  For purposes of this section, "state agency" means any         |
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13|office, department, board, commission or institution of the            |
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14|executive branch of state government.  State agency does not           |
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15|include:                                                               |
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16|    1.  Any county, municipality or public trust; or                   |
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17|    2.  Any hospital or health care facility owned by the state or     |
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18|by a county, municipality or public trust including, but not limited   |
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19|to, the University Hospitals Authority, the University Hospitals       |
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20|Trust, the Oklahoma State University Medical Authority, the Oklahoma   |
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21|State University Medical Trust or any entity under agreement or        |
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22|contract to manage or operate any inpatient or outpatient hospital     |
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23|or clinical facility, office or research building or other facility    |
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24|or property of the University Hospitals Authority, the University      |
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   Req. No. 2050                                                   Page 2
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 1|Hospitals Trust, the Oklahoma State University Medical Authority or    |
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 2|the Oklahoma State University Medical Trust.                           |
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 3|    C.  A state agency, an entity excluded under subsection B of       |
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 4|this section or any person currently or formerly employed by or        |
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 5|working on behalf of such agency or entity shall not be liable for     |
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 6|any damages incurred by a person diagnosed with a communicable         |
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 7|disease when the person chose not to be vaccinated or for              |
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 8|vaccination side effects when the person received a vaccination.       |
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 9|    SECTION 2.  It being immediately necessary for the preservation    |
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10|of the public peace, health or safety, an emergency is hereby          |
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11|declared to exist, by reason whereof this act shall take effect and    |
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12|be in full force from and after its passage and approval.              |
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14|    58-1-2050      DC        4/1/2021 8:11:29 PM                       |
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