S T A T E O F N E W Y O R K
________________________________________________________________________
2689
2013-2014 Regular Sessions
I N A S S E M B L Y
January 17, 2013
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Introduced by M. of A. GOTTFRIED, CAHILL, CYMBROWITZ, TITUS, BENEDETTO,
ABINANTI -- Multi-Sponsored by -- M. of A. BARRON, BOYLAND, COOK,
GALEF, PAULIN, PERRY, ROBINSON, SCHIMEL, THIELE, TITONE, WEISENBERG --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to the religious
exemption from mandatory immunizations for students
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This legislation is not intended to detract from the public
health purpose of school immunization legislation. The law has long
recognized the right of parents to decline to have their children immun-
ized on the basis of religious beliefs. This legislation is intended to
protect parents from inappropriate and intrusive inquiry into their
beliefs by government authorities.
S 2. Subdivision 9 of section 2164 of the public health law, as sepa-
rately amended by chapters 405 and 538 of the laws of 1989, is amended
to read as follows:
9. This section shall not apply to [children] A CHILD whose parent,
parents, or guardian [hold] HOLDS genuine and sincere religious beliefs
which are contrary to the practices herein required, and no certificate
shall be required as a prerequisite to [such children] THE CHILD being
admitted or received into school or attending school WHERE THE PARENT,
PARENTS OR GUARDIAN SUBMITS AN AFFIDAVIT STATING THAT THE PARENT,
PARENTS OR GUARDIAN HOLDS SUCH GENUINE AND SINCERE RELIGIOUS BELIEFS.
THE PARENT, PARENTS OR GUARDIAN SHALL NOT BE REQUIRED TO SPECIFY OR
ELABORATE ON THE NATURE, GENUINENESS OR SINCERITY OF THE RELIGIOUS
BELIEF OR BE SUBJECT TO ANY FURTHER INQUIRY.
S 3. Subdivision 9 of section 2165 of the public health law, as added
by chapter 405 of the laws of 1989, is amended to read as follows:
9. This section shall not apply to a person who holds genuine and
sincere religious beliefs which are contrary to the practices herein
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01438-01-3
A. 2689 2
required, and no certificate shall be required as a prerequisite to such
person being admitted or received into or attending an institution WHERE
THE PERSON SUBMITS AN AFFIDAVIT STATING THAT THE PERSON HOLDS SUCH GENU-
INE AND SINCERE RELIGIOUS BELIEFS. THE PERSON SHALL NOT BE REQUIRED TO
SPECIFY OR ELABORATE ON THE NATURE, GENUINENESS OR SINCERITY OF THE
RELIGIOUS BELIEF OR BE SUBJECT TO ANY FURTHER INQUIRY.
S 4. This act shall take effect immediately.