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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1106 By: Standridge
AS INTRODUCED
An Act relating to civil liability; creating the
Citizen Health Mandate Protection Act; defining
terms; providing method of claim fo r certain
liability; stating finding of punit ive damages under
certain circumstances; prohibiting limitations of
liability or immunity under certain circumstances;
providing for noncodification; 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 not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Citizen Health
Mandate Protection Act”.
SECTION 2. 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 numb ering, reads as follows:
A. As used in the Citizen Health Mandate Protection Act:
1. “Employee” means any person, whether employed by a p rivate
employer or public emp loyer, who performs a service for wages or
other remuneration for an employer ; and
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2. “Employer” means any person or entity who has one or more
employees. Employer also includes an agent of an employer, the
state or any agency or instrumentality of the state, and any
municipal corporation, county, township, school district, or other
political subdivision or any agency or instrumentality thereof.
B. Notwithstanding any prov ision of law to the contrary, an
employee may bring a claim against an employer in a court of
competent jurisdiction for actual and punitive damages for injuries
or illness caused by a vaccination or medicinal treatment program if
the employer required the employee to receive the vaccine or
vaccines, or a medicinal treatment program as a condition of their
employment. If an employer knowingly requires the vaccination or
treatment without confirming its safety based on publicly available
medical testing and documentation , upon a finding of liability after
a claim, the employer shall automatically be subject to punitive
damages. The minimum award for punitive damages shall be One
Million Dollars ($1,000,000.00).
C. An employer subject to a claim made pursuant to the Citizen
Health Mandate Protection Act shall not have the limitations of
liability or immunity provided by the Governmental Tort Claims Act
or the Public Readiness and Emergency Preparedness Act.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
58-2-2422 MD 11/12/2021 11:44:47 AM