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Senate Bill S8911

2023-2024 Legislative Session

Relates to enforcement of immunization requirements; repealer

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Archive: Last Bill Status - In Senate Committee Health Committee

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2023-S8911 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Rpld §613 sub 2, §2164 subs 6, 8-a & 11, amd §2164, Pub Health L; rpld §914 subs 2 & 3, amd §914, Ed L

2023-S8911 (ACTIVE) - Summary

Removes kindergarten, elementary, intermediate and secondary schools from enforcement of immunization requirements.

2023-S8911 (ACTIVE) - Sponsor Memo

2023-S8911 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8911
 
                             I N  S E N A T E
 
                              March 27, 2024
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the education law, in relation
   to removing schools from participation  in  immunization  enforcement;
   and repealing certain provisions of such laws relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 613 of the public  health  law  is
 REPEALED.
   §  2.  Paragraph a of subdivision 1 and paragraph (a) of subdivision 7
 of section 2164 of the public health law, as amended by chapter  401  of
 the laws of 2015, are 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,  OR  nursery
 school[, kindergarten, elementary, intermediate or secondary school].
   (a)  No  LOCAL BOARD OF EDUCATION, principal, teacher, owner or person
 in charge of a school shall [permit any child to  be  admitted  to  such
 school,  or  to attend such school, in excess of fourteen days, without]
 REQUIRE PRESENTATION OF the certificate provided for in subdivision five
 of this section or [some other acceptable evidence of the child's immun-
 ization against  poliomyelitis,  mumps,  measles,  diphtheria,  rubella,
 varicella,  hepatitis  B,  pertussis,  tetanus,  and,  where applicable,
 Haemophilus influenzae type b (Hib), meningococcal disease, and  pneumo-
 coccal  disease;  provided,  however,  such  fourteen  day period may be
 extended to not more than thirty days for an individual student  by  the
 appropriate  principal,  teacher,  owner or other person in charge where
 such student is transferring from out-of-state or from  another  country
 and  can show a good faith effort to get the necessary certification or]
 ANY other evidence of immunization.
   § 3. Subdivisions 6, 8-a, and 11 of section 2164 of the public  health
 law are REPEALED.
   §  4. Subdivision 1 of section 914 of the education law, as amended by
 chapter 659 of the laws of 2005, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14989-01-4

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