BILL NUMBER: S285
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.
The effective date: This act shall take effect immediately.
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:
This act shall take effect immediately.

Statutes affected:
S285: 2164 public health law, 2164(1) public health law