Legislation Details:

UPDATE: 3/31/2022 - HB 4012 was signed by the governor on 3/30/2022 and effective on passage, 3/12/2022. Enrolled text - http://www.wvlegislature.gov/Bill_Text_HTML/2022_SESSIONS/RS/bills/HB4012%20SUB%20ENR.pdf 

UPDATE: 3/24/2022 - HB 4012 was sent to the governor on 3/24/2022. 

UPDATE: 3/13/2022 - HB 4012 passed the Senate in a 23-8 vote as a substitute with an amendment to change the title on 3/12/2022.  The bill will be effective on passage. 

The final engrossed substitute version reads:

ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.

§16-3-4b.  Prohibiting proof of COVID-19 vaccination.

(a) As used in this section:

(1) “COVID-19” has the same definition as provided in §55-19-3 of this code;

(2) “Hospital” has the same definition as provided in §16-5B-1 of this code;

(3) “Immunization” has the same definition as provided in §55-19-3 of this code;

(4) “Proof of vaccination” means physical documentation or digital storage of protected health information related to an individual’s immunization or vaccination against COVID-19;

(5) “State institution of higher education” has the same meaning as provided in §18B-1-2 of this code.

(b) A state or local governmental official, entity, department, or agency may not require proof of vaccination as a condition of entering upon the premises of a state or local government entity, or utilizing services provided by a state or local government entity: Provided, That if any federal law or regulation requires proof of vaccine as a condition of entering the premises, the provisions of this subsection shall not apply: Provided, however, That this prohibition does not apply to any local government owned facility that is leased to a private entity where the local governmental unit primarily serves as a property owner receiving rental payments.

(c) A hospital may not require proof of vaccination as a condition of entering upon the premises: Provided, That if any federal law or regulation requires proof of vaccine as a condition of entering the premises, the provisions of this subsection shall not apply.

(d) A state institution of higher education may not require proof of vaccination as a condition of enrollment or for entering upon the premises: Provided, That if any federal law or regulation requires proof of vaccine as a condition of entering the premises, the provisions of this subsection shall not apply.

(e)  A person harmed by a violation of this section may bring an action for injunctive relief in a court of competent jurisdiction, and upon prevailing may be awarded reasonable attorney’s fees and court costs.

NVIC Advocacy cannot support this version of the bill because the prohibition will not apply if there is any federal regulation is in place that requires proof of vaccination to enter the premises. 

UPDATE: 3/11/2022 - HB 4012 passed the Senate Judiciary Committee with an amendment on 3/10/2022, (it passed the Senate Health and Human Resources Committee with the same changes on 3/3/2022) The bill is on the Senate calendar for 3rd reading and final vote on 3/12/2022.  The legislative session in WV ends at midnight on 3/12/2022.  

See news article - https://www.wvgazettemail.com/news/legislative_session/bill-to-ban-covid-19-vaccination-proof-for-colleges-hospitals-and-government-advances-to-full/article_4af0c299-4899-5ee8-8bff-7b7b6b4f265a.html

The amended version of the bill adds modification to existing statute regarding vaccine exemptions for employees. It states that religious exemptions must be granted for "sincerely held" beliefs, and adds carveout language for Medicare and Medicaid facilities subject to the CMS vaccine mandate, stating that the provisions do not apply to these facilities "which are subject to enforceable federal regulations contrary to the requirements of this section." 

NVIC Advocacy has changed the title of the bill from "Prohibits state/local government, colleges & hospitals from requiring proof of vaccination to enter" to "Stops state/local government, colleges & hospitals from requiring vaccine proof, adds CMS Carveout" to reflect these changes.  

UPDATE:  3/10/2022 - HB 4012 is scheduled for a hearing in the Senate Judiciary Committee on Thursday, March 10th in the Senate Judiciary Committee Room, 208 West. The time of the hearing will be announced on the Senate Floor. Agenda - http://www.wvlegislature.gov/committees/Senate/Senate_com_agendas.cfm?input=March%2010,%202022&chart=jud

UPDATE: 3/3/2022 - HB 4012 was referred to the Senate Judiciary Committee. 

UPDATE: 3/2/2022 - HB 4012 was referred to the Senate Health and Human Resources committee, and will be referred to the Senate Judiciary Committee afterward.

UPDATE: 3/1/2022 - HB 4012 passed the full House by a vote of 80 yes, 16 no and 4 absent. The bill was sent to the Senate on 3/1/2022.  An amendment was adopted to clarify this prohibition does not apply to any local government owned facility that is leased to a private entity where the local governmental unit primarily serves as a property owner receiving rental payments.

UPDATE:  2/24/2022 - HB 4012 passed House Judiciary Committee with substitute. The substitute provides exceptions if "any federal law or regulation requires proof of vaccination as a condition of entering the premises."

UPDATE:  2/23/2022 - HB 4012 is scheduled for a hearing in the House Judiciary Committee on 2/23/2022. Agenda - http://www.wvlegislature.gov/committees/House/house_com_agendas.cfm?input=Wednesday,%20February%2023,%202022&chart=jud

UPDATE: 2/7/2022 - Referred to the House Judiciary Committee on 2/7/2022

UPDATE: HB 4012 is scheduled for a hearing in the House Health & Human Resources Committee on Thursday, Feb. 3rd at 1:00 PM in East Wing Committee Room 215.E. Agenda: http://www.wvlegislature.gov/committees/House/house_com_agendas.cfm?input=Thursday,%20Feb.%203,%202022&chart=hhr

HB 4012 was introduced and referred to the House Health & Human Resources Committee on 1/24/2022.  This bill is sponsored by Delegate Horst with 10 cosponsors. 

This bill would enact the following:

(b) A state or local governmental official, entity, department, or agency may not require proof of vaccination as a condition of entering upon the premises of a state or local government entity, or utilizing services provided by a state or local government entity.

(c) A hospital may not require proof of vaccination as a condition of entering upon the premises.

(d) A state institution of higher education may not require proof of vaccination as a condition of entering upon the premises.

(e)  A person harmed by a violation of this section may seek injunctive relief in a court of competent jurisdiction. Neither party may be required to pay the other party's attorney's fees.

This bill could be improved if there were an enforcement provision provided that does not require a person to spend money to go to court.