Rep. McCann proposes law barring public‑service discrimination over vaccination, masks and testing

Representative Darren McCann told the Labor, Health & Social Services Committee he is sponsoring House Bill 96 to bar discrimination by entities that receive public subsidies on the basis of COVID‑19 vaccination status, mask use or medical testing.

The measure would create a new statute, identified in the presentation as 35‑4‑140, that defines terms including COVID‑19 medical testing, face covering and vaccination and prohibits any person or entity that “receives subsidies from the state or federal government” from refusing, withholding or denying services, goods, facilities, advantages or privileges that are public in nature on those bases. The bill would also prohibit signage that singles out people by mask or vaccination status and would permit a civil action awarding up to $5,000 to a prevailing plaintiff; the sponsor presented an immediate effective date if enacted.

Representative McCann told the committee that 12 states have adopted similar laws and that the measure aims to protect individual rights and promote personal freedom. Committee members asked technical and scope questions: several senators asked whether the bill’s reach to entities receiving federal funds is legally sound, and whether the definition of “subsidies” should be refined to include appropriations. Senator Hutchins asked whether the prohibition would apply in hospitals to staff such as nurses and doctors; the sponsor said it would and offered to provide further detail.

The committee took no vote and moved on to other bills. Members asked the sponsor to consult with Legislative Service Office on statutory language about appropriations and federal funds and to consider clarifying the bill’s scope with respect to state and federally funded entities.