Bill Summary for H 98 (2023-2024)

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Summary date: 

Mar 21 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 98 (Public) Filed Monday, February 13, 2023
AN ACT PROHIBITING STATE AGENCIES, LOCAL GOVERNMENTS, AND POLITICAL SUBDIVISIONS OF THE STATE FROM DISCRIMINATING AGAINST PERSONS BASED ON THEIR REFUSAL TO PROVIDE PROOF OF A COVID-19 VACCINATION, OR TO SUBMIT TO A COVID-19 VACCINATION, UNLESS THE VACCINATION IS REQUIRED AS A CONDITION NECESSARY TO RECEIVE FEDERAL FUNDING, IS A FEDERAL REQUIREMENT OF THE CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), OR IS REQUIRED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF STATE OPERATED HEALTHCARE FACILITIES.
Intro. by Biggs, Hardister, N. Jackson, Lambeth.

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Bill summary

House committee substitute to the 1st edition makes the following changes. Amends the act's long title.

Amends new (1) GS 143-162.6, which prohibits 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; (2) 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; (3) GS 153A-461 (prohibiting counties from requiring any person to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19); and (4) GS 160A-499.6 (prohibiting cities from requiring any person to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19) by adding the following exemption. Adds exemptions for: (1) any employee, vendor, volunteer, trainee, or student that is required by a facility certified by the Centers for Medicare and Medicaid Services to show proof of a COVID-19 vaccination, or to submit to a COVID-19 vaccination or COVID-19 series of vaccinations; (2) an employee employed by any entity that receives federal funding if complying with the statute would result in the loss of that funding; or (3) an employee employed by the Department of Health and Human Services in the Division of State Operated Healthcare Facilities if the Department requires the COVID-19 vaccination or series of vaccinations for that employee. Makes clarifying and conforming changes including changing the statutes' captions.

Deletes proposed new GS 115C-377.1 that prohibits governing bodies of public school units from (1) adopting policies regarding the use of face coverings and (2) quarantining healthy students. Deletes the conforming changes to GS 115C-12, GS 115C-47, GS 115C-218.75, GS 115C-238.66, and GS 116-239.8 that barred specified types of schools from implementing any health requirement prohibited by new GS 115C-377.1.

Amends GS 130A-152, which establishes immunization requirements for children in the state, by prohibiting the Commission for Public Health and public schools, community colleges and UNC constituent institutions (was, public 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. Adds an exception for when vaccination or proof of vaccination is required for participation in a program of study, or fulfilling educational requirements for a program, that requires working, volunteering, or training in a facility certified by the Centers for Medicare and Medicaid Services.

Changes the act's effective date from when it become law to January 1, 2024.