BILL NUMBER: S8113

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public health law, in relation to limiting
exemptions from immunizations; and to repeal certain provisions of such
law relating to religious exemptions for certain post-secondary students

 
PURPOSE:

This bill would prohibit organizations and entities from permitting any
nonmedical exemption to an immunization requirement, make any such
provision null and void and remove the religious exemption for post-sec-
ondary students.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds § 2164-a to the public health law to
prohibit organizations and entities that have immunization requirements
from permitting any non-medical exemption to such requirements and stip-
ulate that any provision of a law, rule, regulation or policy that
              

allows for a nonmedical exemption shall be deemed null and void.

Section two of the bill repeals subdivision 9 of § 2165 of the public
health law which is the religious exemption for certain post-secondary
students.

Section three of the bill is the severability clause.

Section four of the bill sets effective date.

 
JUSTIFICATION:

In 2019 the legislature passed, and the Governor signed into law legis-
lation that removed all non-medical exemptions from immunization
requirements for children who attend school (Chapter 35 of 2019). That
act was adopted before the COVID-19 global pandemic that has killed
hundreds of thousands of Americans and millions worldwide. Now more than
ever, vaccine requirements, particularly those that combat COVID-19 (but
also other diseases), must be made as robust as possible in all settings
for our safety and the public health.

As of September 2021, an estimated 80 million Americans adults remain
unvaccinated against COVID-19. Just recently, COVID-19 deaths in America
surpassed those caused by the influenza outbreak in years surrounding
1920. Public health mandates, instituted to combat diseases such as
these, have been upheld repeatedly throughout U.S.  history. The majori-
ty opinion in the Supreme Court case Jacobson v.  Massachusetts (1905),
where a Lutheran pastor in Cambridge, MA defied a city ordinance requir-
ing smallpox vaccinations, stated: "the liberty secured by the Constitu-
tion does not import an absolute right in each person to be at all
times, and in all circumstances, wholly freed from restraint.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: A.8398 - Health

 
FISCAL IMPLICATIONS:
None

 
EFFECTIVE DATE:
Immediately