NY State Senate Bill 2023-S6119

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Mar 30, 2023	referred to health

co-Sponsors

2023-S6119 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2184, amd §2164, Pub Health L

2023-S6119 (ACTIVE) - Summary

Prohibits administrative agencies from administering or requiring the COVID-19 immunization unless authorized by the legislature.

2023-S6119 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6119

SPONSOR: RHOADS
 
TITLE OF BILL:

An act to amend the public health law, in relation to the administration
of the novel coronavirus/COVID-19 immunization

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to the administration of the novel coronavirus/COVID-19 immuni-
zation.

 
SUMMARY OF PROVISIONS:

Section 1. The public health law is amended by adding a new section 2184
to read as follows; § 2184. Novel coronavirus/COVID-19; immunization. 1.
No immunization used for the purpose of inducing immunity against
COVID-19m in humans in this state shall be a mandatory immunization
issued by an administrative agency. No person shall be required to
receive such vaccine unless mandated by the legislature.

Section 2 No child under the age of eighteen shall be required to
receive such vaccine against COVID-19 unless a person in a parental
relation to such child requests and consents to have the child vaccinat-
ed or unless required by the legislature.

Section 3 No incapacitated person shall be required to receive such
immunization against COVID-19 unless a person who is the legal guardian
of such incapacitated person choose to have the incapacitated person
vaccinated or required by the legislature.

Section 4 Unless required by the legislature, no administrative agency
shall require immunization against COVID-19.

 
JUSTIFICATION:

While government has an important role to play in the protection of
public health, the COVID-19 pandemic put into clear focus that the
extraordinary power to mandate the introduction of substances into the
body must be balanced against the personal freedoms of a competent indi-
vidual to make their own medical decisions. This is particularly so
where, as here, the COVID-19 immunization ultimately appears not to be a
vaccine capable of preventing either the contraction or spread of
illness, but rather appears only to limit the duration and severity of
symptoms.

The State's pandemic response permitted one individual as well as
unelected agencies to issue de-facto mandates, effectively requiring
immunization in order to work, attend school, attend sporting events,
religious services and other venues depriving many of their livelihood
and ability to exercise the liberties and freedoms guaranteed in our
Federal Constitution. As we enter the endemic stage of the COVID-19
pandemic, its ongoing presence justifies a recognition on the part of
State government of the lessons learned, mistakes made and concerning
precedents established, and to take action to correct them.

As it pertains to any immunization against COVID-19, this legislation
prohibits the issuance of any mandate by an administrative agency of the
State or requirement of immunization to attend any public or private
school, obtain government services, enter public buildings, use public
transportation, engage in employment at any public or private institu-
tion or as a condition of residence at any nursing home, group home or
other State facility without the approval of the Legislature of this
State. Similarly, no administrative agency of the State may require
persons to carry or produce proof of immunization without consent of the
Legislature.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Effective immediately.

2023-S6119 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6119
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2023
                                ___________
 
 Introduced  by  Sen.  RHOADS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the administration
   of the novel coronavirus/COVID-19 immunization
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2184 to read as follows:
   § 2184. NOVEL CORONAVIRUS/COVID-19; IMMUNIZATION. 1.  NO  IMMUNIZATION
 USED FOR THE PURPOSES OF INDUCING IMMUNITY AGAINST COVID-19 IN HUMANS IN
 THIS  STATE SHALL BE MADE A MANDATORY IMMUNIZATION ISSUED BY AN ADMINIS-
 TRATIVE AGENCY. NO PERSON SHALL BE REQUIRED TO RECEIVE SUCH IMMUNIZATION
 UNLESS MANDATED BY THE LEGISLATURE.
   2. NO CHILD UNDER THE AGE OF EIGHTEEN SHALL  BE  REQUIRED  TO  RECEIVE
 SUCH  IMMUNIZATION  AGAINST  COVID-19  UNLESS  A  PERSON  IN  A PARENTAL
 RELATION TO SUCH CHILD REQUESTS AND CONSENTS TO HAVE THE CHILD IMMUNIZED
 OR UNLESS REQUIRED BY THE LEGISLATURE. FOR THE PURPOSE OF THIS  SUBDIVI-
 SION  THE  TERM  "PERSON IN PARENTAL RELATION TO A CHILD" SHALL HAVE THE
 SAME MEANING AS SET FORTH IN SECTION TWENTY-ONE  HUNDRED  SIXTY-FOUR  OF
 THIS  ARTICLE. PRIOR TO ADMINISTERING THE IMMUNIZATION EVERY HEALTH CARE
 PROVIDER OR PRACTITIONER SHALL PROVIDE A LIST OF  INGREDIENTS  CONTAINED
 IN  THE  IMMUNIZATION AS PROVIDED BY THE MANUFACTURER PRODUCT INSERT AND
 ALL POTENTIAL SIDE EFFECTS AS INDICATED BY INDUSTRY STUDIES.
   3. NO INCAPACITATED PERSON SHALL BE REQUIRED TO RECEIVE SUCH IMMUNIZA-
 TION AGAINST COVID-19 UNLESS A PERSON WHO IS THE LEGAL GUARDIAN OF  SUCH
 INCAPACITATED  PERSON CHOOSES TO HAVE THE INCAPACITATED PERSON IMMUNIZED
 OR REQUIRED BY LAW DULY ENACTED BY THE LEGISLATURE. FOR THE PURPOSES  OF
 THIS  SUBDIVISION:  (A)  THE  TERM "INCAPACITATED PERSON" SHALL MEAN ANY
 PERSON OVER THE AGE OF EIGHTEEN WHO IS UNABLE  TO  MAKE  OR  COMMUNICATE
 DECISIONS AFFECTING THEIR PHYSICAL HEALTH, SAFETY, OR SELF-CARE; AND (B)
 THE  TERM "LEGAL GUARDIAN" SHALL MEAN AND INCLUDE ANY PERSON WHO IS OVER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07389-02-3

 S. 6119                             2
 
 THE AGE OF EIGHTEEN AND DESIGNATED BY AN INCAPACITATED PERSON  PRIOR  TO
 INCAPACITATION  AS THEIR LEGAL GUARDIAN OR A PERSON LEGALLY APPOINTED BY
 A COURT AS GUARDIAN OF SUCH INCAPACITATED PERSON.
   4.  UNLESS REQUIRED BY THE LEGISLATURE, NO ADMINISTRATIVE AGENCY SHALL
 REQUIRE IMMUNIZATION AGAINST COVID-19 FOR:
   (A) ATTENDANCE BY STUDENTS OR EMPLOYMENT OF TEACHERS AND STAFF AT  ANY
 PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION, SCHOOL OR DAY CARE FACILITY;
   (B)  TRAVEL  TO  OR FROM ANY LOCATION, INCLUDING OTHER STATES OR COUN-
 TRIES;
   (C) RECEIPT OF ANY GOVERNMENT SERVICES;
   (D) ENTRANCE INTO PUBLIC BUILDINGS;
   (E) EMPLOYMENT OR CONTINUED EMPLOYMENT IN ANY BUSINESS OR NOT-FOR-PRO-
 FIT ORGANIZATION; OR
   (F) USE OF PUBLIC TRANSPORTATION.
   6. NO NURSING HOME, STATE-SPONSORED GROUP HOME FOR ADULTS OR  CHILDREN
 OR ANY OTHER GROUP HOME SHALL REQUIRE IMMUNIZATION AGAINST COVID-19 AS A
 CONDITION OF RESIDENCY UNLESS REQUIRED BY THE LEGISLATURE.
   7.  NO  PERSON SHALL BE REQUIRED TO HAVE, CARRY OR PRESENT EVIDENCE OF
 HAVING RECEIVED IMMUNIZATION AGAINST COVID-19  UNLESS  REQUIRED  BY  THE
 LEGISLATURE.
   § 2. Paragraph a of subdivision 1 of section 2164 of the public health
 law,  as  amended by chapter 401 of the laws of 2015, is amended to read
 as follows:
   a. The term "school" means and includes any public, [private or  paro-
 chial  child  caring  center,  day  nursery,  day  care  agency, nursery
 school,] PRE-KINDERGARTEN,  kindergarten,  elementary,  intermediate  or
 secondary school.
   § 3. This act shall take effect immediately.

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Senate Bill S6119

Sponsored By

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

2023-S6119 (ACTIVE) - Details

2023-S6119 (ACTIVE) - Summary

2023-S6119 (ACTIVE) - Sponsor Memo

2023-S6119 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6119

Share this bill

Sponsored By

Steven D. Rhoads

Current Bill Status - In Senate Committee Health Committee

co-Sponsors

George M. Borrello

2023-S6119 (ACTIVE) - Details

2023-S6119 (ACTIVE) - Summary

2023-S6119 (ACTIVE) - Sponsor Memo

2023-S6119 (ACTIVE) - Bill Text download pdf

Comments