Identical to H 98, filed 2/13/23.

Section 1

Enacts GS 143-162.6 prohibiting State and local governments from denying or refusing employment, or discharging from employment, any person for refusing to submit to a COVID-19 vaccine or series of vaccines, or provide proof of a COVID-19 vaccine. Specifies that the statute does not prevent discharge for cause. Additionally prohibits State and local governments from acts of discrimination or retaliation against an employee who in good faith takes actions in reporting violations of the statute. 

Section 2

Enacts GS 115C-377.1 to prohibit governing bodies of public school units from (1) adopting policies regarding the use of face coverings and (2) quarantining healthy students. Effective on the date the act becomes law, allows a student or parent to bring a civil action against a governing body for violating the statute and requires awarding reasonable attorneys' fees and court costs for prevailing claims.

Enacts new subsections to GS 115C-12, GS 115C-47, GS 115C-218.75, GS 115C-238.66, and GS 116-239.8 to bar the State Board of Education, local boards of education, charter school and regional school boards of directors, and chancellors of lab schools from implementing any health requirement prohibited by new GS 115C-377.1.

Applies beginning with the 2023-23 school year unless otherwise specified.

Section 3

Amends GS 130A-152, which establishes immunization requirements for children in the state, to enact a new subsection prohibiting the Commission for Public Health, and public schools, colleges and universities, from requiring a student to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19. Makes conforming changes.

Enacts GS 130A-158.3 prohibiting State and local public health agencies and public health officials from requiring any person, including applicants for employment and employees, to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19. Includes the Secretary of the Department of Health and Human Services and the State Health Director and the head of any State or local public health agency and their designees in the definition of State or local public health official. Includes other defined terms.

Section 4

Enacts GS 153A-461 relating to counties, and GS 160A-499.6 relating to cities, prohibiting counties and cities from requiring any person, including applicants for employment and employees, to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19. Includes defined terms.