Req. No. 2050 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 58th Legislature (2021) COMMITTEE SUBSTITUTE FOR ENGROSSED HOUSE BILL 2335 By: Steagall, Davis, Stark, Conley, West (Kevin), Kendrix, Hardin (David), Grego, McDugle, Dills, Stearman, Miller, Russ and Roberts (Sean) of the House and Jett, Hamilton, Bullard, Murdock, Bergstrom, Dahm , Stephens and Newhouse of the Senate COMMITTEE SUBSTITUTE An Act relating to prevention and control of disease ; prohibiting certain vaccination mandates; prohibiting certain discrimination and penalties; creating exceptions; defining term; establishing immunity from liability for certain entities from certain actions; providing for codification; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-502.5 of Title 63, unless there is created a duplication in num bering, reads as follows: A. A state agency shall not enact by rule, order or other means any vaccination requirement for any member of the general public or Req. No. 2050 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 discriminate against or civilly, criminally or administratively penalize any member of the general public who declines to be vaccinated or who declines to vaccinate his or her children, except as provided by: 1. Section 411 of Title 10 of the Oklahoma Statutes ; 2. Rules promulgated by the State Commissioner of Health governing hospital standards as authorized by Sections 1-705 and 1- 707 of Title 63 of the Oklahoma Statutes; 3. Sections 1210.191 through 1210.195 and Section s 3243 and 3244 of Title 70 of the Oklahoma Statutes ; or 4. Subsection B of this section. B. For purposes of this section, “state agency” means any office, department, board, commissi on or institution of the executive branch of state government . State agency does not include: 1. Any county, municipality or public trust; or 2. Any hospital or health care facility owned by the state or by a county, municipality or public trust including, but not limited to, the University Hospitals Authority, the University Hospitals Trust, the Oklahoma State University Medic al Authority, the Oklahoma State University Medic al Trust or any entity under agreement or contract to manage or operate any inpatient or outpatient hospital or clinical facility, office or research building or other facility or property of the University Hospitals Authority, the University Req. No. 2050 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Hospitals Trust, the Oklahoma State U niversity Medical Authority or the Oklahoma State Univer sity Medical Trust. C. A state agency, an entity excluded under subsection B of this section or any person currently or formerly employed by or working on behalf of such agency or entity shall not be liable for any damages incurred by a person diagnosed with a communicable disease when the person chose not to be vaccinated or for vaccination side effects when the person received a vaccination. SECTION 2. It being immediately necessar y for the preservation of the public peace, health or saf ety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 58-1-2050 DC 4/5/2021 2:44:04 PM